
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: 46USC12110]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                    Part H--Identification of Vessels
 
                  CHAPTER 121--DOCUMENTATION OF VESSELS
 
Sec. 12110. Limitations on operations authorized by certificates

    (a) A vessel may not be employed in a trade except a trade covered 
by the endorsement issued for that vessel.
    (b) A barge qualified to be employed in the coastwise trade may be 
employed, without being documented, in that trade on rivers, harbors, 
lakes (except the Great Lakes), canals, and inland waters.
    (c) A vessel with only a recreational endorsement may not be 
operated other than for pleasure.
    (d) A documented vessel, other than a vessel with only a 
recreational endorsement, may be placed under the command only of a 
citizen of the United States.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 588; Pub. L. 99-36, 
Sec. 1(a)(7)(D), May 15, 1985, 99 Stat. 67; Pub. L. 100-710, title I, 
Sec. 104(a)(4), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101-225, title 
III, Sec. 301(a)(10), Dec. 12, 1989, 103 Stat. 1922; Pub. L. 102-388, 
title III, Sec. 348(b), Oct. 6, 1992, 106 Stat. 1554; Pub. L. 102-587, 
title V, Sec. 5213(a)(2), Nov. 4, 1992, 106 Stat. 5077; Pub. L. 104-324, 
title III, Sec. 301(c), (d)(1), Oct. 19, 1996, 110 Stat. 3916.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
12110.............................  46:65m
------------------------------------------------------------------------

    Section 12110 provides that a vessel is limited to the trade covered 
by its certificate of documentation; exempts certain barges from 
documentation; requires that the person in charge be a citizen of the 
United States; and provides for a penalty for violation.


                               Amendments

    1996--Subsec. (c). Pub. L. 104-324, Sec. 301(c), amended subsec. (c) 
generally. Prior to amendment, subsec. (c) read as follows: ``A vessel 
and its equipment are liable to seizure by and forfeiture to the United 
States Government--
        ``(1) when a vessel is operated after its endorsement has been 
    denied or revoked under section 12123 of this title;
        ``(2) when a vessel is employed in a trade without an 
    appropriate trade endorsement; or
        ``(3) when a documented vessel with a recreational endorsement 
    is operated other than for pleasure.''
    Subsec. (d). Pub. L. 104-324, Sec. 301(d)(1), inserted ``, other 
than a vessel with only a recreational endorsement,'' after ``A 
documented vessel''.
    1992--Subsec. (c). Pub. L. 102-587 amended subsec. (c) generally. 
Prior to amendment, subsec. (c) read as follows: ``When a vessel is 
operated after the Secretary has denied issuance or renewal of an 
endorsement or revoked the endorsement under section 12123 of this title 
and before the endorsement is reinstituted, or is employed in a trade 
for which an endorsement is required, without a certificate of 
documentation with an appropriate endorsement for that trade, or a 
documented vessel with a recreational endorsement is operated other than 
for pleasure, the vessel and its equipment are liable to seizure by and 
forfeiture to the United States Government.''
    Pub. L. 102-388 substituted ``When a vessel is operated after the 
Secretary has denied issuance or renewal of an endorsement or revoked 
the endorsement under section 12123 of this title and before the 
endorsement is reinstituted, or is employed in a trade for which an 
endorsement is required, without a certificate of documentation with an 
appropriate endorsement for that trade,'' for ``When a vessel is 
employed in a trade not covered by the endorsement issued for that 
vessel,''.
    1989--Subsec.(a). Pub. L. 101-225, Sec. 301(a)(10)(A), amended 
subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: 
``A vessel may not be employed in a trade except a trade covered by the 
certificate of documentation issued for that vessel. A documented 
recreational vessel may be operated only for pleasure. However, a 
certificate of documentation may be exchanged, under regulations 
prescribed by the Secretary of Transportation, for another type of 
certificate of documentation or endorsed appropriately for a trade for 
which the vessel qualifies.''
    Subsec. (c). Pub. L. 101-225, Sec. 301(a)(10)(B), substituted 
``endorsement'' for ``certificate of documentation'', ``vessel with a 
recreational endorsement'' for ``recreational vessel'', and ``other 
than'' for ``except''.
    1988--Subsec. (a). Pub. L. 100-710 inserted ``of Transportation'' 
after ``Secretary''.
    1985--Subsecs. (a), (c). Pub. L. 99-36 substituted ``documented 
recreational'' for ``documented pleasure''.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-710 effective Jan. 1, 1989, with certain 
exceptions and qualifications, see section 107 of Pub. L. 100-710, set 
out as an Effective Date note under section 30101 of this title.


         Application of Section to Fishing Vessels in California

    Citizen of the United States to include an alien lawfully admitted 
for permanent residence, for purposes of applying this section to 
vessels operating in waters off the coast of California, subject to 
United States jurisdiction, see section 317 of Pub. L. 101-595, set out 
as a note under section 8103 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 12111 of this title.
