
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC12108]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                    Part H--Identification of Vessels
 
                  CHAPTER 121--DOCUMENTATION OF VESSELS
 
Sec. 12108. Fishery endorsements

    (a) A certificate of documentation may be endorsed with a fishery 
endorsement for a vessel that--
        (1) is eligible for documentation;
        (2)(A) was built in the United States; or
        (B) if not built in the United States, was captured in war by 
    citizens of the United States and lawfully condemned as prize, was 
    adjudged to be forfeited for a breach of the laws of the United 
    States, or qualified for documentation under section 4136 of the 
    Revised Statutes (46 App. U.S.C. 14);
        (3) if rebuilt, was rebuilt in the United States; and
        (4) otherwise qualifies under the laws of the United States to 
    be employed in the fisheries.

    (b) Subject to the laws of the United States regulating the 
fisheries, only a vessel for which a certificate of documentation with a 
fishery endorsement is issued may be employed in the fisheries.
    (c) A fishery endorsement to engage in fishing in the territorial 
sea and fishery conservation zone adjacent to Guam, American Samoa, and 
the Northern Mariana Islands may be issued to a vessel that--
        (1) is less than 200 gross tons as measured under section 14502 
    of this title, or an alternate tonnage measured under section 14302 
    of this title as prescribed by the Secretary under section 14104 of 
    this title;
        (2) was not built or rebuilt in the United States;
        (3) is eligible for documentation; and
        (4) otherwise qualifies under the laws of the United States to 
    be employed in the fisheries.

    (d) A vessel purchased by the Secretary of Commerce through a 
fishing capacity reduction program under the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.) or section 308 
of the Interjurisdictional Fisheries Act \1\ (16 U.S.C. 4107) is not 
eligible for a fishery endorsement, and any fishery endorsement issued 
for that vessel is invalid.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``Act of 1986''.
---------------------------------------------------------------------------

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 587; Pub. L. 98-454, title III, 
Sec. 301(c), Oct. 5, 1984, 98 Stat. 1734; Pub. L. 100-239, Secs. 3(4), 
(5), 6(a)(6), Jan. 11, 1988, 101 Stat. 1779, 1782; Pub. L. 101-225, 
title III, Sec. 301(a)(8), Dec. 12, 1989, 103 Stat. 1921; Pub. L. 104-
208, div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 
1996, 110 Stat. 3009, 3009-41; Pub. L. 104-324, title III, Sec. 301(e), 
title VII, Sec. 744, Oct. 19, 1996, 110 Stat. 3917, 3942.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
12108.............................  46:65k
------------------------------------------------------------------------

    Section 12108 provides that a certificate of documentation in the 
form of a fishery license or an appropriately endorsed registry may be 
issued for any vessel that is eligible for documentation, was built in 
the United States, and qualifies under the laws of the United States to 
be employed in the fisheries. It also provides for the documentation of 
certain vessels captured in war that have not been built in the United 
States.

                       References in Text

    The Magnuson-Stevens Fishery Conservation and Management Act, 
referred to in subsec. (d), is Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 
331, as amended, which is classified principally to chapter 38 
(Sec. 1801 et seq.) of Title 16, Conservation. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 1801 of Title 16 and Tables.


                               Amendments

    1996--Subsec. (c)(1). Pub. L. 104-324, Sec. 744, substituted ``200 
gross tons as measured under section 14502 of this title, or an 
alternate tonnage measured under section 14302 of this title as 
prescribed by the Secretary under section 14104 of this title'' for 
``two hundred gross tons''.
    Subsec. (d). Pub. L. 104-208, which directed the substitution of 
``Magnuson-Stevens Fishery Conservation and Management Act'' for 
``Magnuson Fishery Conservation and Management Act'', was executed by 
making the substitution for ``Magnuson Fishery Conservation Management 
Act'' to reflect the probable intent of Congress.
    Pub. L. 104-324, Sec. 301(e), added subsec. (d).
    1989--Pub. L. 101-225, Sec. 301(a)(8)(F), substituted 
``endorsements'' for ``licenses and registry'' in section catchline.
    Subsec. (a). Pub. L. 101-225, Sec. 301(a)(8)(A), (B), in 
introductory provisions substituted ``certificate of documentation may 
be endorsed with a fishery endorsement'' for ``fishery license or, as 
provided in section 12105(c) of this title, an appropriately endorsed 
registry, may be issued'' and in par. (1) struck out ``and'' after 
semicolon.
    Subsec. (b). Pub. L. 101-225, Sec. 301(a)(8)(C), substituted 
``certificate of documentation with a fishery endorsement'' for 
``fishery license or an appropriately endorsed registry''.
    Subsec. (c). Pub. L. 101-225, Sec. 301(a)(8)(D), which directed 
substitution of ``endorsement'' for ``license'' in subsec. (C), was 
executed by making substitution in subsec. (c) as the probable intent of 
Congress.
    Subsec. (d). Pub. L. 101-225, Sec. 301(a)(8)(E), struck out subsec. 
(d) which read as follows: ``On application of the owner of a vessel 
that qualifies for a coastwise license under section 12106 or a Great 
Lakes license under section 12107 of this title, the Secretary may issue 
an endorsement authorizing the vessel to be employed in the coastwise 
trade or the Great Lakes trade, as the case may be.''
    1988--Subsec. (a)(3), (4). Pub. L. 100-239, Sec. 3(4), added par. 
(3) and redesignated former par. (3) as (4).
    Subsec. (c)(2). Pub. L. 100-239, Sec. 3(5), substituted ``built or 
rebuilt'' for ``built''.
    Subsec. (d). Pub. L. 100-239, Sec. 6(a)(6), added subsec. (d).
    1984--Subsec. (c). Pub. L. 98-454 added subsec. (c).


                    Effective Date of 1996 Amendment

    Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-208 
provided that the amendment made by that section is effective 15 days 
after Oct. 11, 1996.


                            Savings Provision

    Section 4 of Pub. L. 100-239, as amended by Pub. L. 101-225, title 
III, Sec. 310, Dec. 12, 1989, 103 Stat. 1926, provided that:
    ``(a) Notwithstanding the requirements of section 12108(a)(2) and 
(3) of title 46, United States Code, a fishery license may be issued to 
a vessel that before July 28, 1987--
        ``(1)(A) was documented under chapter 121 of that title; and
        ``(B) was operated as a fish processing or fish tender vessel in 
    the navigable waters of the United States or the exclusive economic 
    zone;
        ``(2) was a fish tender or fish processing vessel contracted to 
    be purchased by a citizen of the United States, if the purchase is 
    shown by contract or similarly reliable evidence acceptable to the 
    Secretary to have been made for the purpose of using the vessel as a 
    fish tender or fish processing vessel in the fisheries;
        ``(3) was documented under chapter 121 of that title and--
            ``(A) was rebuilt in a foreign country; or
            ``(B) is subsequently rebuilt in the United States for use 
        as a fish processing vessel; or
        ``(4) was built in the United States and--
            ``(A) is rebuilt in a foreign country under a contract 
        entered into before 6 months after the date of enactment of this 
        Act [Jan. 11, 1988], and was purchased or contracted to be 
        purchased before July 28, 1987 with the intent that the vessel 
        be used in the fisheries, if that intent is evidenced by--
                ``(i) the contract itself; or
                ``(ii) a ruling letter by the Coast Guard before July 
            29, 1987 under 46 C.F.R. Sec. 67.21-1 or Sec. 67.27-3 
            pursuant to a ruling request evidencing that intent; or
            ``(B) is purchased for use as a fish processing vessel under 
        a contract entered into after July 27, 1987, if--
                ``(i) a contract to rebuild the vessel for use as a fish 
            processing vessel was entered into before September 1, 1987; 
            and
                ``(ii) that vessel is part of a specific business plan 
            involving the conversion in foreign shipyards of a series of 
            three vessels and rebuilding work on at least one of the 
            vessels had begun before July 28, 1987.
    ``(b) A vessel rebuilt under subsection (a)(3)(B) or (4) of this 
section must be redelivered to the owner before July 28, 1990. However, 
the Secretary may, on proof of circumstances beyond the control of the 
owner of a vessel affected by this section, extend the period for 
rebuilding in a foreign country permitted by this section.
    ``(c)(1) Any fishery license or registry issued to a vessel built in 
a foreign country under this section shall be endorsed to restrict the 
vessel from catching, taking, or harvesting.
    ``(2) Before being issued a fishery license, any vessel described in 
subsection (a)(2) of this section must be documented under an 
application for documentation acceptable to the Secretary filed before 
July 28, 1987, except that an alternative vessel of no greater tonnage 
than the vessel in the application may be substituted, if that 
substitution is made by the original applicant.''


     Extension of Period for Rebuilding Vessels in Foreign Countries

    Section 6(c)(3) of Pub. L. 100-239 provided that: ``The Secretary, 
on proof of circumstances beyond the control of the owner of a vessel 
affected by this section [amending sections 2101, 12106, 12107, and 
12108 of this title and section 883 of the Appendix to this title, and 
enacting notes set out under sections 12105 and 12108 of this title and 
section 883 of the Appendix to this title], may extend the period for 
rebuilding in a foreign country permitted by this section.''


                               Definitions

    Section 6(d) of Pub. L. 100-239 provided that: ``The terms in this 
Act [see Short Title of 1988 Amendment note set out under section 2101 
of this title] have the same meaning as in subtitle II of title 46, 
United States Code (as amended by this Act).''


      Application of Weight Limitations to Northern Mariana Islands

    For provisions directing that weight limitations contained in 
subsec. (c) of this section shall not apply to the Northern Mariana 
Islands until the termination of the Trusteeship Agreement for the Trust 
Territory of the Pacific Islands, see section 303 of Pub. L. 98-454, set 
out as a note under section 12106 of this title.

                    Territorial Sea of United States

    For extension of territorial sea of United States, see Proc. No. 
5928, set out as a note under section 1331 of Title 43, Public Lands.

                  Section Referred to in Other Sections

    This section is referred to in sections 12102, 12103, 14305 of this 
title; title 16 sections 973g, 4107.
