Title 46, ShippingRelease 119-110

§70508 Operation of Submersible Vessel or Semi-submersible Vessel Without Nationality

Title 46 › Subtitle VII — Security and Drug Enforcement › CHAPTER 705 — MARITIME DRUG LAW ENFORCEMENT › § 70508

Last updated Sep 22, 2026|Official source

Summary

You must not operate or ride in a submersible or semi‑submersible boat that has no nationality and that is traveling into, through, or from waters beyond a country’s territorial sea with the intent to avoid being seen or caught. In civil enforcement cases, certain signs listed elsewhere in the law can be used as initial proof that someone meant to evade detection. You can avoid a penalty if, at the time, the vessel was a U.S. vessel or lawfully registered in another country when claimed to a U.S. enforcement officer; or it was classed and built under a classification society’s rules (an organization that inspects and certifies ships); or it was legally operating under government license or regulation for commerce, research, or exploration; or it had and was using a working automatic identification system (AIS), vessel monitoring system (VMS), or long range identification and tracking (LRIT) system. Providing government documents of nationality (per Article 5 of the 1958 High Seas Convention), a valid classification certificate, or government licenses or registrations proves those defenses. A violation can bring a civil penalty of up to $1,000,000.

Full Legal Text

Title 46, §70508

Shipping, Source: USLM XML via OLRC

(a)In General.—
An individual may not operate by any means or embark in any submersible vessel or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country’s territorial sea with an adjacent country, with the intent to evade detection.
(b)Evidence of Intent To Evade Detection.—
In any civil enforcement proceeding for a violation of subsection (a), the presence of any of the indicia described in paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6), of section 70507(b) may be considered, in the totality of the circumstances, to be prima facie evidence of intent to evade detection.
(c)Defenses.—
(1)In general.—
It is a defense in any civil enforcement proceeding for a violation of subsection (a) that the submersible vessel or semi-submersible vessel involved was, at the time of the violation—
(A)a vessel of the United States or lawfully registered in a foreign nation as claimed by the master or individual in charge of the vessel when requested to make a claim by an officer of the United States authorized to enforce applicable provisions of United States law;
(B)classed by and designed in accordance with the rules of a classification society;
(C)lawfully operated in government-regulated or licensed activity, including commerce, research, or exploration; or
(D)equipped with and using an operable automatic identification system, vessel monitoring system, or long range identification and tracking system.
(2)Production of documents.—
The defenses provided by this subsection are proved conclusively by the production of— (A)
(B)a certificate of classification issued by the vessel’s classification society upon completion of relevant classification surveys and valid at the time of the offense; or
(C)government documents evidencing licensure, regulation, or registration for research or exploration.
(d)Civil Penalty.—
A person violating this section shall be liable to the United States for a civil penalty of not more than $1,000,000.

Reference

Citations & Metadata

Citation

46 U.S.C. § 70508

Title 46, Shipping

Last Updated

Sep 22, 2026

Release point: 119-110