§70502 — Title 46 Shipping | U.S. Code

Summary

Defines key words and explains which boats count for the rules in this chapter. The definitions from section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) also apply. A "vessel of the United States" means three things: a boat documented under U.S. law or given a U.S. number; a boat at least partly owned by a U.S. citizen, the U.S. government, a state government, or a U.S. corporation unless the boat has been given foreign nationality and the master claims that foreign nationality when a U.S. officer acts; and a boat that used to be U.S.-documented but was illegally sold to a non‑U.S. person or put under foreign registry. A "vessel subject to the jurisdiction of the United States" covers stateless boats, boats treated like stateless under the 1958 High Seas Convention, foreign-registered boats when that foreign country agrees to U.S. enforcement, boats in U.S. customs waters, boats in a foreign nation’s territorial waters if that nation agrees, and boats in the U.S. contiguous zone (per Presidential Proclamation 7219 of September 2, 1999) if they are entering, leaving, or are "hovering" as defined in the Tariff Act. Foreign consent may be given by radio, phone, or electronic means and is proven by a certification from the Secretary of State. A "vessel without nationality" covers cases where a claimed registry is denied, not claimed when asked, not affirmed by the claimed nation, or no one claims to be master. A claim of nationality can be shown by having documents on board, flying the flag, or a verbal claim by the master. A "semi-submersible vessel" is mostly under water but not fully; a "submersible vessel" can operate completely below the surface.

Title 46, §70502

Shipping — Source: USLM XML via OLRC

(a)The definitions in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) apply to this chapter.

(b)In this chapter, the term “vessel of the United States” means—

(1)a vessel documented under chapter 121 of this title or numbered as provided in chapter 123 of this title;

(2)a vessel owned in any part by an individual who is a citizen of the United States, the United States Government, the government of a State or political subdivision of a State, or a corporation incorporated under the laws of the United States or of a State, unless—

(A)the vessel has been granted the nationality of a foreign nation under article 5 of the 1958 Convention on the High Seas; and

(B)a claim of nationality or registry for the vessel is made by the master or individual in charge at the time of the enforcement action by an officer or employee of the United States who is authorized to enforce applicable provisions of United States law; and

(3)a vessel that was once documented under the laws of the United States and, in violation of the laws of the United States, was sold to a person not a citizen of the United States, placed under foreign registry, or operated under the authority of a foreign nation, whether or not the vessel has been granted the nationality of a foreign nation.

(c)(1)In this chapter, the term “vessel subject to the jurisdiction of the United States” includes—

(A)a vessel without nationality;

(B)a vessel assimilated to a vessel without nationality under paragraph (2) of article 6 of the 1958 Convention on the High Seas;

(C)a vessel registered in a foreign nation if that nation has consented or waived objection to the enforcement of United States law by the United States;

(D)a vessel in the customs waters of the United States;

(E)a vessel in the territorial waters of a foreign nation if the nation consents to the enforcement of United States law by the United States; and

(F)a vessel in the contiguous zone of the United States, as defined in Presidential Proclamation 7219 of September 2, 1999 (43 U.S.C. 1331 note), that—

(i)is entering the United States;

(ii)has departed the United States; or

(iii)is a hovering vessel as defined in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401).

(2)Consent or waiver of objection by a foreign nation to the enforcement of United States law by the United States under paragraph (1)(C) or (E)—

(A)may be obtained by radio, telephone, or similar oral or electronic means; and

(B)is proved conclusively by certification of the Secretary of State or the Secretary’s designee.

(d)(1)In this chapter, the term “vessel without nationality” includes—

(A)a vessel aboard which the master or individual in charge makes a claim of registry that is denied by the nation whose registry is claimed;

(B)a vessel aboard which the master or individual in charge fails, on request of an officer of the United States authorized to enforce applicable provisions of United States law, to make a claim of nationality or registry for that vessel;

(C)a vessel aboard which the master or individual in charge makes a claim of registry and for which the claimed nation of registry does not affirmatively and unequivocally assert that the vessel is of its nationality; and

(D)a vessel aboard which no individual, on request of an officer of the United States authorized to enforce applicable provisions of United States law, claims to be the master or is identified as the individual in charge, and that has no other claim of nationality or registry under paragraph (1) or (2) of subsection (e).

(2)The response of a foreign nation to a claim of registry under paragraph (1)(A) or (C) may be made by radio, telephone, or similar oral or electronic means, and is proved conclusively by certification of the Secretary of State or the Secretary’s designee.

(e)A claim of nationality or registry under this section includes only—

(1)possession on board the vessel and production of documents evidencing the vessel’s nationality as provided in article 5 of the 1958 Convention on the High Seas;

(2)flying its nation’s ensign or flag; or

(3)a verbal claim of nationality or registry by the master or individual in charge of the vessel.

(f)In this chapter:

(1)The term “semi-submersible vessel” means any watercraft constructed or adapted to be capable of operating with most of its hull and bulk under the surface of the water, including both manned and unmanned watercraft.

(2)The term “submersible vessel” means a vessel that is capable of operating completely below the surface of the water, including both manned and unmanned watercraft.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 70502(a)46 App.:1903(i).Pub. L. 96–350, § 3(b), (c), (i), Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–570, title III, § 3202, Oct. 27, 1986, 100 Stat. 3207–95, 3207–97; Pub. L. 99–640, § 17, Nov. 10, 1986, 100 Stat. 3552, 3554; Pub. L. 100–690, title VII, § 7402(b), Nov. 18, 1988, 102 Stat. 4483; Pub. L. 104–324, § 1138(a)(1)–(3), (b), Oct. 19, 1996, 110 Stat. 3988, 3989; Pub. L. 107–295, title IV, § 418(a), Nov. 25, 2002, 116 Stat. 2123. 70502(b)46 App.:1903(b). 70502(c)46 App.:1903(c)(1). 70502(d)46 App.:1903(c)(2). 70502(e)46 App.:1903(c)(3). In subsection (b)(2), before subparagraph (A), the words “individual who is a citizen of the United States” are substituted for “a citizen or national of the United States” because of the definition of “citizen of the United States” in chapter 1 of the revised title. The words “or a territory, commonwealth, or possession of the United States” and “the District of Columbia, or any territory, commonwealth, or possession of the United States” are omitted as unnecessary because of the definition of “State” in chapter 1 of the revised title. In subsection (b)(3), the words “placed under foreign registry, or operated under the authority of a foreign nation” are substituted for “placed under foreign registry or foreign flag” because of the definition of “foreign vessel” in chapter 1 of the revised title. In subsection (d)(1)(B), the word “authorized” is substituted for “empowered” for consistency with subsection (b)(2)(B).

Editorial Notes

Amendments

2022—Subsec. (d)(1)(D). Pub. L. 117–263 added subpar. (D). 2008—Pub. L. 110–181, § 3525(b), repealed Pub. L. 109–241, § 303. See 2006 Amendment note below. Subsec. (d)(2). Pub. L. 110–181, § 3525(a)(6), incorporated the substance of the amendment by Pub. L. 109–241, § 303, into this section by amending heading and text of par. (2) generally. Prior to amendment, text read as follows: “A claim of registry under paragraph (1)(A) or (C) may be verified or denied by radio, telephone, or similar oral or electronic means. The denial of such a claim is proved conclusively by certification of the Secretary of State or the Secretary’s designee.” See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and

Construction

note preceding section 101 of this title. Subsec. (f). Pub. L. 110–407 added subsec. (f). 2006—Pub. L. 109–241, § 303, which directed the amendment of section 1903(c)(2) of the former Appendix to this title from which subsec. (d) of this section was derived, was repealed by Pub. L. 110–181, § 3525(b). See 2008 Amendment note for subsec. (d)(2) and

Historical and Revision Notes

above.

§70502 Definitions

Summary

Title 46, §70502

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Construction

Historical and Revision Notes

Citations & Metadata