46 U.S.C. § 12103

General eligibility requirements

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(a)In General.—Except as otherwise provided, a certificate of documentation for a vessel may be issued under this chapter only if the vessel is—(1) wholly owned by one or more individuals or entities described in subsection (b);(2) at least 5 net tons as measured under part J of this subtitle; and(3) not documented under the laws of a foreign country.(b)Eligible Owners.—For purposes of subsection (a)(1), the following are eligible owners:(1) An individual who is a citizen of the United States.(2) An association, trust, joint venture, or other entity if—(A) each of its members is a citizen of the United States; and(B) it is capable of holding title to a vessel under the laws of the United States or a State.(3) A partnership if—(A) each general partner is a citizen of the United States; and(B) the controlling interest in the partnership is owned by citizens of the United States.(4) A corporation if—(A) it is incorporated under the laws of the United States or a State;(B) its chief executive officer, by whatever title, and the chairman of its board of directors are citizens of the United States; and(C) no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum.(5) The United States Government.(6) The government of a State.(c)Temporary Certificates Prior to Measurement.—Notwithstanding subsection (a)(2), the Secretary may issue a temporary certificate of documentation for a vessel before it is measured.(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1492.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
12103(a)	46:12102(a) (less ownership), (b) (1st sentence).
12103(b)	46:12102(a) (related to ownership)
12103(c)	46:12102(b) (last sentence).

Editorial NotesPrior Provisions

A prior section 12103, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 585; Pub. L. 100–710, title I, § 104(a)(4), (6), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101–225, title III, § 301(a)(3), Dec. 12, 1989, 103 Stat. 1920; Pub. L. 102–388, title III, § 348(c)(1), Oct. 6, 1992, 106 Stat. 1554; Pub. L. 102–587, title V, § 5213(a)(1), Nov. 4, 1992, 106 Stat. 5077; Pub. L. 107–295, title IV, § 422(a), Nov. 25, 2002, 116 Stat. 2125, originally derived from section 65e of former Title 46, Shipping, related to certificates of documentation, prior to the general amendment of this chapter by Pub. L. 109–304. See sections 12104, 12105, and 12133 of this title.

A prior section 12103a, added Pub. L. 107–295, title IV, § 422(b)(1), Nov. 25, 2002, 116 Stat. 2125, related to issuance of temporary certificate of documentation by third parties, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12105 of this title.

Notes of Decisions

Cited in 11 cases, 1991–2018 · leading case: Leopard Marine & Trading, Ltd. v. Easy St. Ltd., 896 F.3d 174 (2d Cir. 2018).

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Leopard Marine & Trading, Ltd. v. Easy St. Ltd., 896 F.3d 174 (2d Cir. 2018). “See 46 U.S.C. §§ 12103 , 31343(a), 31343(b), 31343(c)(2).”

Waste Mgmt. Holdings, Inc. v. Gilmore, 252 F.3d 316 (4th Cir. 2001). · cites it 4× “See 46 U.S.C. § 12103 (describing pre- requisites for issuance of a "certificate of documentation") and § 12106 (describing criteria for endorsing a certificate of documenta- tion with a "coastwise endorsement").”

OSG Prod. Tankers LLC v. United States, 82 Fed. Cl. 570 (Fed. Cl. 2008). “See 46 U.S.C. § 12103 (requiring a vessel to be owned by a United States citizen to engage in trade).”

Arctic King Fisheries, Inc. v. United States, 59 Fed. Cl. 360 (Fed. Cl. 2004). “46 U.S.C. §§ 12103 , 12108 (1998). Fishing in the EEZ off the coast of Alaska is additionally regulated by a fishery management plan (FMP), which promotes conservation while efficiently managing the resources of the fishery and its participants.”

In Re Caliri, 347 B.R. 788 (Bankr. M.D. Fla. 2006). “The Catamaran is a federally documented vessel pursuant to 46 U.S.C. § 12103 (a) and is excluded from the Florida state titling laws pursuant to Florida Statutes § 328.”

In Re Hawaiian & Guamanian Cabotage Antitrust Litig., 754 F. Supp. 2d 1239 (W.D. Wash. 2010). “46 U.S.C. §§ 12103 & 12111(a) & (b). As a result, according to the Amended Complaint, the Hawaii ocean trade operates in “turnaround” mode, on routes exclusively to and from Honolulu, while Guam is serviced by ships traveling between the United States and Asia.”

Maxwell v. State, 587 So. 2d 436 (Ala. Crim. App. 1991). “See also 46 U.S.C. § 12103 (e), 2101 (34) (1976). " 'Under this statute [ 14 U.”

Waste Mgmt. Holdings, Inc. v. Gilmore, 64 F. Supp. 2d 537 (E.D. Va. 1999). “In their response to the Commonwealth’s motion, Plaintiffs indicate that their preemption claim principally relies on the federal documentation provisions governing the use of vessels in the “coastwise trade.”

Wood v. Amerada Hess Corp., 845 F. Supp. 130 (S.D.N.Y. 1994). “Pursuant to the Vessel Documentation Act of 1980, 46 U.S.C. § 12103 (a), 46 C.F.R. § 67.17 -l(c) (1992), Hess endowed those ships with certificates of documentation endorsed for both coastwise and registry use.”

Se. Shipyard Ass'n v. United States, 979 F.2d 1541 (D.C. Cir. 1992). “46 U.S.C. § 12103 . United States ships engaged in trade with foreign nations are “registered” and possess a “registry endorsement.”

United States v. Transocean Deepwater Drilling Inc., 936 F. Supp. 2d 818 (S.D. Tex. 2013). “See 46 U.S.C. § 12103 (a)(1), (3). The requirements of 46 U.”

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