
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC12101]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                    Part H--Identification of Vessels
 
                  CHAPTER 121--DOCUMENTATION OF VESSELS
 
Sec. 12101. Definitions and related terms in other laws

    (a) In this chapter--
        (1) ``fisheries'' includes processing, storing, transporting 
    (except in foreign commerce), planting, cultivating, catching, 
    taking, or harvesting fish, shellfish, marine animals, pearls, 
    shells, or marine vegetation in the navigable waters of the United 
    States or in the exclusive economic zone.
        (2) ``rebuilt'' has the same meaning as in the second proviso of 
    section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883).

    (b) When used in a law, regulation, document, ruling, or other 
official act referring to the documentation of a vessel--
        (1) ``certificate of registry'', ``register'', and ``registry'' 
    mean a registry endorsement as provided in section 12105 of this 
    title.
        (2) ``license'', ``enrollment and license'', ``license for the 
    coastwise (or coasting) trade'', and ``enrollment and license for 
    the coastwise (or coasting) trade'' mean a coastwise endorsement as 
    provided in section 12106 of this title.
        [(3) Repealed. Pub. L. 104-324, title XI, Sec. 1115(b)(2), Oct. 
    19, 1996, 110 Stat. 3972.]
        (4) ``yacht'' means a recreational vessel even if not 
    documented.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 585; Pub. L. 98-364, title IV, 
Sec. 402(16), July 17, 1984, 98 Stat. 450; Pub. L. 99-36, 
Sec. 1(a)(7)(B), May 15, 1985, 99 Stat. 67; Pub. L. 100-239, Sec. 3(2), 
(3), Jan. 11, 1988, 101 Stat. 1778; Pub. L. 101-225, title III, 
Sec. 301(a)(1), Dec. 12, 1989, 103 Stat. 1920; Pub. L. 104-324, title 
XI, Sec. 1115(b)(2), Oct. 19, 1996, 110 Stat. 3972.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
12101.............................  46:65w
------------------------------------------------------------------------

    Section 12101 defines the types of certificates of documentation 
that are used in this chapter, and in other laws, regulations, document 
rulings or other official acts referring to the documentation of a 
vessel.


                               Amendments

    1996--Subsec. (b)(3). Pub. L. 104-324 struck out par. (3) which read 
as follows: `` `enrollment and license to engage in the foreign and 
coastwise (or coasting) trade on the northern, northeastern, and 
northwestern frontiers, otherwise than by sea' means a Great Lakes 
endorsement as provided in section 12107 of this title.''
    1989--Subsec. (b)(1). Pub. L. 101-225, Sec. 301(a)(1)(A), 
substituted ``registry endorsement as'' for ``registry as''.
    Subsec. (b)(2). Pub. L. 101-225, Sec. 301(a)(1)(B), substituted 
``coastwise endorsement'' for ``coastwise license''.
    Subsec. (b)(3). Pub. L. 101-225, Sec. 301(a)(1)(C), substituted 
``Great Lakes endorsement'' for ``Great Lakes license''.
    Subsec. (b)(4), (5). Pub. L. 101-225, Sec. 301(a)(1)(D), (E), 
redesignated par. (5) as (4) and struck out former par. (4) which 
defined ``license for the fisheries'' and ``enrollment and license for 
the fisheries'' as meaning a fishery license as provided in section 
12108 of this title.
    1988--Pub. L. 100-239 substituted ``Definitions and related'' for 
``Related'' in section catchline, added subsec. (a), designated existing 
provisions as subsec. (b), and struck out par. (6) which read as 
follows: `` `fisheries' includes planting, cultivating, catching, 
taking, or harvesting fish, shellfish, marine animals, pearls, shells, 
or marine vegetation in the navigable waters of the United States or in 
the fishery conservation zone established by section 101 of the Magnuson 
Fishery Conservation and Management Act of 1976 (16 U.S.C. 1811).''
    1985--Par. (5). Pub. L. 99-36 substituted ``recreational'' for 
``pleasure''.
    1984--Par. (6). Pub. L. 98-364 added par. (6).


                    Effective Date of 1989 Amendment

    Section 309 of Pub. L. 101-225 provided that:
    ``(a) In General.--Except as provided in subsection (b), the 
amendments made by this Act [see Tables for classification] take effect 
on the date of the enactment of this Act [Dec. 12, 1989].
    ``(b) Exceptions.--
        ``(1) The amendments made by section 1(a)(2) [probably means 
    section 301(a)(2) of Pub. L. 101-225, which amended section 12102 of 
    this title] take effect January 1, 1989, except that the amendment 
    made by subparagraph (A) of such section does not apply to a vessel 
    titled in a State until one year after the Secretary of 
    Transportation prescribes guidelines for a titling system under 
    section 13106(b)(8) of title 46, United States Code.
        ``(2) The amendments made by section 1(a)(3) [probably means 
    section 301(a)(3) of Pub. L. 101-225, which amended section 12103 of 
    this title] take effect on the 180th day after the date of the 
    enactment of this Act.''


           Use of Foreign Registry Oil Spill Response Vessels

    Section 1117 of Pub. L. 104-324 provided that: ``Notwithstanding any 
other provision of law, an oil spill response vessel documented under 
the laws of a foreign country may operate in waters of the United States 
on an emergency and temporary basis, for the purpose of recovering, 
transporting, and unloading in a United States port oil discharged as a 
result of an oil spill in or near those waters, if--
        ``(1) an adequate number and type of oil spill response vessels 
    documented under the laws of the United States cannot be engaged to 
    recover oil from an oil spill in or near those waters in a timely 
    manner, as determined by the Federal On-Scene Coordinator for a 
    discharge or threat of a discharge of oil; and
        ``(2) that foreign country has by its laws accorded to vessels 
    of the United States the same privileges accorded to vessels of that 
    foreign country under this section.''
