
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: 46USC4301]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
                    CHAPTER 43--RECREATIONAL VESSELS
 
Sec. 4301. Application

    (a) This chapter applies to a recreational vessel and associated 
equipment carried in the vessel on waters subject to the jurisdiction of 
the United States (including the territorial sea of the United States as 
described in Presidential Proclamation No. 5928 of December 27, 1988) 
and, for a vessel owned in the United States, on the high seas.
    (b) Except when expressly otherwise provided, this chapter does not 
apply to a foreign vessel temporarily operating on waters subject to the 
jurisdiction of the United States.
    (c) Until there is a final judicial decision that they are navigable 
waters of the United States, the following waters lying entirely in New 
Hampshire are declared not to be waters subject to the jurisdiction of 
the United States within the meaning of this section: Lake Winnisquam, 
Lake Winnipesaukee, parts of the Merrimack River, and their tributary 
and connecting waters.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 529; Pub. L. 105-383, title III, 
Sec. 301(b)(4), Nov. 13, 1998, 112 Stat. 3417.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
4301..............................  46:1453
------------------------------------------------------------------------

    Section 4301 provides that this chapter is applicable to a 
recreational vessel that operates on waters subject to the jurisdiction 
of the United States or that is owned in the United States and while 
operating on the high seas.
    It also provides that a foreign recreational vessel that temporarily 
uses our waters is not subject to the requirements of this chapter. 
However, if the vessel remains permanently in the United States, it 
would be subject to the provisions of this chapter.
    Section 4301(c) recognizes the ongoing controversy over the 
navigability of certain waters of New Hampshire. While a recreational 
vessel operating on these waters need not meet the requirements of this 
chapter, it would be prohibited from operating on any other waters 
subject to the jurisdiction of the United States if it does not comply 
with these requirements.

                       References in Text

    Presidential Proclamation No. 5928, referred to in subsec. (a), is 
set out under section 1331 of Title 43, Public Lands.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-383 inserted ``(including the 
territorial sea of the United States as described in Presidential 
Proclamation No. 5928 of December 27, 1988)'' after ``of the United 
States''.


                             Effective Date

    Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98-
89, set out as a note under section 3101 of this title.
