§2306 — Title 46 Shipping | U.S. Code

Summary

Owners, charterers, managing operators, or agents must tell the Coast Guard right away if they have reason to think a U.S. vessel is lost or in danger. They must also try every available way to find out what happened. If a vessel that must report to the U.S. Flag Merchant Vessel Location Filing System has not communicated for more than 48 hours, the owner, charterer, managing operator, or agent must immediately notify the Coast Guard and try to determine the vessel’s status. When notifying the Coast Guard, they must give the vessel’s name and ID number, the names of people on board, and any other information the Coast Guard asks for, and they must send written confirmation within 24 hours after a nonwritten notice. Failing to do these things can lead to a civil penalty of up to $5,000 for each day the violation continues. The vessel’s master must report to the owner, charterer, managing operator, or agent at least once every 48 hours. If the master fails to do so, the Government can impose a civil penalty of up to $1,000 per day. The Secretary may write rules to carry out these requirements.

Title 46, §2306

Shipping — Source: USLM XML via OLRC

(a)(1)An owner, charterer, managing operator, or agent of a vessel of the United States, having reason to believe (because of lack of communication with or nonappearance of a vessel or any other incident) that the vessel may have been lost or imperiled, immediately shall—

(A)notify the Coast Guard; and

(B)use all available means to determine the status of the vessel.

(2)When more than 48 hours have passed since the owner, charterer, managing operator, or agent of a vessel required to report to the United States Flag Merchant Vessel Location Filing System under authority of section 50113 of this title has received a communication from the vessel, the owner, charterer, managing operator, or agent immediately shall—

(A)notify the Coast Guard; and

(B)use all available means to determine the status of the vessel.

(3)An owner, charterer, managing operator, or agent of a vessel of the United States notifying the Coast Guard under paragraph (1) or (2) shall—

(A)provide the name and identification number of the vessel, the names of individuals on board, and other information that may be requested by the Coast Guard; and

(B)submit written confirmation to the Coast Guard within 24 hours after nonwritten notification to the Coast Guard under such paragraphs.

(4)An owner, charterer, managing operator, or agent violating this subsection is liable to the United States Government for a civil penalty of not more than $5,000 for each day during which the violation occurs.

(b)(1)The master of a vessel of the United States required to report to the System shall report to the owner, charterer, managing operator, or agent at least once every 48 hours.

(2)A master violating this subsection is liable to the Government for a civil penalty of not more than $1,000 for each day during which the violation occurs.

(c)The Secretary may prescribe regulations to carry out this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (a)(3). Pub. L. 116–283 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “A person notifying the Coast Guard under paragraph (1) or (2) of this subsection shall provide the name and identification number of the vessel, the names of individuals on board, and other information that may be requested by the Coast Guard. The owner, charterer, managing operator, or agent also shall submit written confirmation to the Coast Guard within 24 hours after nonwritten notification to the Coast Guard under those paragraphs.” 2006—Subsec. (a)(2). Pub. L. 109–304 substituted “section 50113 of this title” for “section 212(A) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1122a),”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 98–498, title II, § 214, Oct. 19, 1984, 98 Stat. 2306, provided that: “section 211(a) and 212 of this subtitle [enacting this section and amending section 2302, 3309, 6101, and 6103 of this title] are effective one hundred and eighty days after the date of enactment of this Act [Oct. 19, 1984].”

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§2306 Vessel Reporting Requirements