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Title 46 — ShippingRelease 119-73not60

§12102 Vessels Requiring Documentation

Title 46 › Subtitle Subtitle II— Vessels and Seamen › Part H— Identification of Vessels › Chapter 121— DOCUMENTATION OF VESSELS › Subchapter I— GENERAL › § 12102

Last updated Apr 5, 2026|Official source

Summary

A vessel can only operate in a specific trade if it has U.S. documentation and the correct trade endorsement. Vessels under 5 net tons may operate without that documentation if they meet the trade’s rules. A barge allowed for coastwise trade may do that work without documentation only on rivers, harbors, canals, and inland lakes (not the Great Lakes). Even if other laws (including section 12113) would forbid it, the Secretary of Transportation may, after publishing a notice in the Federal Register, waive the documentation rules so a documented vessel with a registry endorsement or a foreign-flag vessel can treat or protect aquaculture fish from disease or parasites. Vessels under that waiver may not engage in coastwise transportation.

Full Legal Text

Title 46, §12102

Shipping — Source: USLM XML via OLRC

(a)Except as otherwise provided, a vessel may engage in a trade only if the vessel has been issued a certificate of documentation with an endorsement for that trade under this chapter.
(b)A vessel of less than 5 net tons may engage in a trade without being documented if the vessel otherwise satisfies the requirements to engage in the particular trade.
(c)A barge qualified to engage in the coastwise trade may engage in the coastwise trade, without being documented, on rivers, harbors, lakes (except the Great Lakes), canals, and inland waters.
(d)(1)Notwithstanding section 12113 and any other law, the Secretary of Transportation may issue a waiver allowing a documented vessel with a registry endorsement or a foreign flag vessel to be used in operations that treat aquaculture fish for or protect aquaculture fish from disease, parasitic infestation, or other threats to their health if the Secretary finds, after publishing a notice in the Federal Register, that a suitable vessel of the United States is not available that could perform those services.
(2)Vessels operating under a waiver issued under this subsection may not engage in any coastwise transportation.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 12102(a)46:12106(b). 46:12108(b). 46:12110(a). 12102(b)46:12102(a) (related to tonnage). 12102(c)46:12110(b).

Editorial Notes

Prior Provisions

A prior section 12102, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 585; Pub. L. 99–509, title V, § 5102(b)(6), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 100–239, § 7(a), Jan. 11, 1988, 101 Stat. 1782; Pub. L. 100–710, title I, § 104(a)(4), (5), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101–225, title III, § 301(a)(2), Dec. 12, 1989, 103 Stat. 1920; Pub. L. 104–324, title XI, § 1136(a), Oct. 19, 1996, 110 Stat. 3986; Pub. L. 105–277, div. C, title II, § 202(a), Oct. 21, 1998, 112 Stat. 2681–617; Pub. L. 105–383, title IV, §§ 401(a)(1), 421, Nov. 13, 1998, 112 Stat. 3424, 3439; Pub. L. 107–20, title II, § 2202(a), July 24, 2001, 115 Stat. 168; Pub. L. 107–206, title I, § 1103, Aug. 2, 2002, 116 Stat. 884; Pub. L. 108–136, div. C, title XXXV, § 3534(b)(1), Nov. 24, 2003, 117 Stat. 1818, originally derived from section 65b of former Title 46, Shipping, related to vessels eligible for documentation, prior to the general amendment of this chapter by Pub. L. 109–304. See this section and section 12103, 12111, and 12113 of this title.

Amendments

2010—Subsec. (d). Pub. L. 111–281 added subsec. (d).

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 111–281, title IX, § 901(c)(2), Oct. 15, 2010, 124 Stat. 3008, provided that: “The Secretary of the department in which the Coast Guard is operating shall, in accordance with section 553 of title 5, United States Code, and after public notice and comment, promulgate

Regulations

necessary and appropriate to implement this subsection [amending this section]. The Secretary may grant interim permits pending the issuance of such

Regulations

upon receipt of applications containing the required information.”

Reference

Citations & Metadata

Citation

46 U.S.C. § 12102

Title 46 — Shipping

Last Updated

Apr 5, 2026

Release point: 119-73not60