
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: 46USC31343]

 
                           TITLE 46--SHIPPING
 
                    Subtitle III--Maritime Liability
 
         CHAPTER 313--COMMERCIAL INSTRUMENTS AND MARITIME LIENS
 
                     SUBCHAPTER III--MARITIME LIENS
 
Sec. 31343. Recording and discharging liens on preferred 
        mortgage vessels
        
    (a) Except as provided under subsection (d) of this section, a 
person claiming a lien on a vessel covered by a preferred mortgage filed 
or recorded under this chapter may record with the Secretary of 
Transportation a notice of that person's lien claim on the vessel. To be 
recordable, the notice must--
        (1) state the nature of the lien;
        (2) state the date the lien was established;
        (3) state the amount of the lien;
        (4) state the name and address of the person; and
        (5) be signed and acknowledged.

    (b) The Secretary shall record a notice complying with subsection 
(a) of this section.
    (c) On full and final discharge of the indebtedness that is the 
basis for a claim recorded under subsection (b) of this section, on 
request of the Secretary or owner, the person having the claim shall 
provide the Secretary with an acknowledged certificate of discharge of 
the indebtedness. The Secretary shall record the certificate.
    (d) A person claiming a lien on a vessel covered by a preferred 
mortgage under section 31322(d) of this title must record and discharge 
the lien as provided by the law of the State in which the vessel is 
titled.

(Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat. 4748.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
31343.............................  46:925
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    Section 31343 provides that any person claiming a lien on a vessel 
covered by a preferred mortgage may record a notice of lien. This notice 
must state the nature of the lien, date it was established; the amount; 
and the name and address of the person claiming a lien, and it must be 
acknowledged. The Secretary must record a notice of lien if it complies 
with these requirements. When any part of the indebtedness is 
discharged, the claimant shall provide the Secretary with a written, 
acknowledged certificate of discharge of the indebtedness, and the 
Secretary shall record the certificate. This section makes no 
substantive change to law.
    Section 31343(c) provides that, on the full and final discharge of 
an indebtedness that is the basis for a claim, the person having the 
claim shall provide the Secretary with an acknowledged certificate of 
discharge on the request of the Secretary or owner of the vessel. This 
subsection makes a substantive change to law by not requiring partial 
discharges to be filed, as well as making the filing of discharge 
certificates only at the request of the Secretary or owner of the 
vessel.


                          house floor statement

    Subsection (d) of this section requires a person claiming a lien on 
a vessel covered by a preferred mortgage under section 31322(d) to 
record and discharge the lien as provided by the law of the State in 
which the vessel is titled.

                  Section Referred to in Other Sections

    This section is referred to in section 31325 of this title.
