PRIA, Government Policy, Made Personal

Summary

A vessel that meets the rules in section 12103 can get a recreational endorsement. A vessel with that endorsement may be used only for pleasure. That vessel can travel between a U.S. port and a foreign port without going through the Secretary of Homeland Security for entry or clearance. The vessel must still follow the arrival-reporting rules in section 433 of the Tariff Act of 1930 (19 U.S.C. 1433), and everyone on board must follow customs rules.

Title 46, §12114

Shipping, Source: USLM XML via OLRC

(a)Requirements.—

A recreational endorsement may be issued for a vessel that satisfies the requirements of section 12103 of this title.

(b)Authorized Activity.—

A vessel operating under a recreational endorsement may be operated only for pleasure.

(c)Application of Customs Laws.—

A vessel for which a recreational endorsement is issued may proceed between a port of the United States and a port of a foreign country without entering or clearing with the Secretary of Homeland Security. However, a recreational vessel is subject to the requirements for reporting arrivals under section 433 of the Tariff Act of 1930 (19 U.S.C. 1433), and individuals on the vessel are subject to applicable customs regulations.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 12114(a)46:12109(a). 12114(b)46:12109(c). 46:12110(c). 12114(c)46:12109(b). In subsection (c), the words “Secretary of Homeland Security” are substituted for “Customs Service” because the functions of the Customs Service and of the Secretary of the Treasury relating thereto were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2178).

Editorial Notes

Prior Provisions

A prior section 12114, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589; Pub. L. 99–36, § 1(a)(8), May 15, 1985, 99 Stat. 67, originally derived from section 65c of former Title 46, Shipping, related to home ports, prior to being repealed by Pub. L. 100–710, title I, §§ 106(b)(5), 107(a), Nov. 23, 1988, 102 Stat. 4752, effective Jan. 1, 1989.

Statutory Notes and Related Subsidiaries

Documentation of Recreational Vessels Pub. L. 115–282, title VIII, § 826, Dec. 4, 2018, 132 Stat. 4314, provided that: “Coast Guard personnel performing nonrecreational vessel documentation functions under subchapter II of chapter 121 of title 46, United States Code, may perform recreational vessel documentation under section 12114 of such title in any fiscal year in which— “(1) funds available for Coast Guard operating expenses may not be used for expenses incurred for recreational vessel documentation; “(2) fees collected from owners of yachts and credited to such use are insufficient to pay expenses of recreational vessel documentation; and “(3) there is a backlog of applications for recreational vessel documentation.”

§12114 Recreational Endorsement