U.S. Code » Title 46 » Subtitle Subtitle III— Maritime Liability › Chapter CHAPTER 313— COMMERCIAL INSTRUMENTS AND MARITIME LIENS › Subchapter SUBCHAPTER III— MARITIME LIENS

46 U.S.C. § 31342

Establishing maritime liens

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(a) Except as provided in subsection (b) of this section, a person providing necessaries to a vessel on the order of the owner or a person authorized by the owner—(1) has a maritime lien on the vessel;(2) may bring a civil action in rem to enforce the lien; and(3) is not required to allege or prove in the action that credit was given to the vessel.(b) This section does not apply to a public vessel.(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4748; Pub. L. 101–225, title III, § 303(6), Dec. 12, 1989, 103 Stat. 1924.)

Historical and Revision Notes

Revised section

Source section (U.S. Code)

31342

46:971

Section 31342 provides that any authorized person providing necessaries for a vessel has a maritime lien on the vessel, may bring a civil action in rem in admiralty to enforce the lien, and is not required to allege or prove that credit was given to the vessel. “Providing” has been substituted for “furnishing” for consistency with other laws. This section makes no substantive change to law. This section does not supersede the prohibition under the Public Vessels Act, the Foreign Sovereign Immunities Act, or the Suits in Admiralty Act, on bringing an in rem action against a public vessel.

Editorial NotesAmendments

1989—Pub. L. 101–225 designated existing provisions as subsec. (a), substituted “Except as provided in subsection (b) of this section, a person providing necessaries to a vessel on the order of the owner” for “A person providing necessaries to a vessel (except a public vessel) on the order of a person listed in section 31341 of this title”, and added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date

Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title.

Notes of Decisions
Cited in 252 cases (67 in the last 5 years), 1989–2026 · leading case: Ing Bank N v. v. M/v Temara, 892 F.3d 511 (2d Cir. 2018).
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Ing Bank N v. v. M/v Temara, 892 F.3d 511 (2d Cir. 2018). · cites it 3× “46 U.S.C. § 31342 . A maritime lien grants a provider of necessaries a suite of powerful rights: the right to arrest the vessel, to have it sold, and to be paid from the proceeds.”
Lozman v. City of Riviera Beach, 133 S. Ct. 735 (2013). · cites it 4× “After various disputes with Lozman and unsuccessful efforts to evict him from the marina, the City brought this federal admiralty lawsuit in rem against the floating home.”
Dresdner Bank AG v. M/V Olympia Voyager, 465 F.3d 1267 (11th Cir. 2006). · cites it 4× “” 46 U.S.C. § 31342 . 3 Yet, the long established rule in admiralty law is that “no lien can attach to a vessel while she is in judicial custody.”
Hapag-Lloyd Aktiengesellschaft v. U.S. Oil Trading LLC, 814 F.3d 146 (2d Cir. 2016). · cites it 2× “Entities contracts but rather from the fact that USOT “provid[ed] necessaries to a vessel on the order of the owner or a person authorized by the owner.”
Trans-tec Asia v. M/v Harmony Container, 518 F.3d 1120 (9th Cir. 2008). · cites it 3× “4 46 U.S.C. § 31342 ; William Tetley, MaRitime Liens And Claims 551 (2d ed.”
Redcliffe Americas Ltd. v. M/V TYSON LYKES, 806 F. Supp. 69 (D.S.C. 1992). · cites it 8× “This claim is brought pursuant to the Federal Maritime Lien Act, 46 U.S.C.A. § 31342 . First American Bulk Carrier Corporation (hereinafter “FABC”) is the demise owner of the Defendant Vessels and appears as claimant on behalf of these vessels.”
Barcliff, LLC v. M/V Deep Blue, IMO NO. 9215359, 876 F.3d 1063 (11th Cir. 2017). · cites it 2× “46 U.S.C. § 31342 (a). We have held that under a plain reading of the statute, “to obtain a maritime lien, a person must: (1) provide necessaries; (2) to a vessel; (3) on the order of the owner or agent.”
Valero Mktg. & Supply Co. v. M/V Almi Sun, IMO, 893 F.3d 290 (5th Cir. 2018). · cites it 2× “4 46 U.S.C. § 31342 (a). 5 46 U.S.C. § 31341 (a).”
City of Riviera Beach v. That Certain Unnamed Gray, Two-Story Vessel Approximately Fifty-Seven Feet in Length, 649 F.3d 1259 (11th Cir. 2011). · cites it 4× “Accordingly, on April 20, 2009, the City filed a two-count verified complaint in admiralty against the Defendant to foreclose its maritime liens for “necessaries” (dock-age provided by the City marina to the Defendant), under 46 U.S.C. § 31342 , 4 and for trespass. The United…”
World Fuel Servs. Trading, DMCC v. Hebei Prince Shipping Co., 783 F.3d 507 (4th Cir. 2015). · cites it 2× “AGEE, Circuit Judge: World Fuel Services Trading, DMCC, (“DMCC”) brought this in rem action against the M/V HEBEI SHIJIAZHUANG (“the Vessel”) seeking to enforce a maritime lien for the supply'of necessaries under the Federal Maritime Lien Act (“FMLA”), 46 U.S.C. § 31342 (a). The…”
Martin Energy Servs., L.L.C. v. Bourbon Petrel M, 962 F.3d 827 (5th Cir. 2020). · cites it 2× “See 46 U.S.C. § 31342 (a). The court also concluded the fuel was provided “on the order” of CGG or its authorized agent, as CIMLA requires.”
Crimson Yachts v. Betty Lyn II Motor Yacht, 603 F.3d 864 (11th Cir. 2010). · cites it 2× “604 (current version at 46 U.S.C. § 31342 (a)). The Act of June 23,1910 stated: Any person furnishing repairs, supplies, or other necessaries, including the use of dry dock or marine railway, to a vessel, whether foreign or domestic, upon the order of the owner or owners of such…”
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— 46 U.S.C. § 31342(a) — 1 case
X-Drill Holdings Inc. v. Jack-Up Drilling Rig SE 83, 320 F.R.D. 444 (S.D. Tex. 2017).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.