46 U.S.C. § 31343

Recording and discharging notices of claim of maritime lien

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(a) Except as provided under subsection (d) of this section, a person claiming a lien on a vessel documented, or for which an application for documentation has been filed, under chapter 121 may record with the Secretary 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)(1) The Secretary shall record a notice complying with subsection (a) of this section if, when the notice is presented to the Secretary for recording, the person having the claim files with the notice a declaration stating the following:(A) The information in the notice is true and correct to the best of the knowledge, information, and belief of the individual who signed it.(B) A copy of the notice, as presented for recordation, has been sent to each of the following:(i) The owner of the vessel.(ii) Each person that recorded under subsection (a) of this section an unexpired notice of a claim of an undischarged lien on the vessel.(iii) The mortgagee of each mortgage filed or recorded under section 31321 of this title that is an undischarged mortgage on the vessel.(2) A declaration under this subsection filed by a person that is not an individual must be signed by the president, member, partner, trustee, or other individual authorized to execute the declaration on behalf of the person.(c)(1) On full and final discharge of the indebtedness that is the basis for a notice of claim of lien recorded under subsection (b) of this section, the person having the claim shall provide the Secretary with an acknowledged certificate of discharge of the indebtedness. The Secretary shall record the certificate.(2) The district courts of the United States shall have jurisdiction over a civil action in Admiralty to declare that a vessel is not subject to a lien claimed under subsection (b) of this section, or that the vessel is not subject to the notice of claim of lien, or both, regardless of the amount in controversy or the citizenship of the parties. Venue in such an action shall be in the district where the vessel is found or where the claimant resides or where the notice of claim of lien is recorded. The court may award costs and attorneys fees to the prevailing party, unless the court finds that the position of the other party was substantially justified or other circumstances make an award of costs and attorneys fees unjust. The Secretary shall record any such declaratory order.(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.(e)(1) A notice of claim of lien recorded under subsection (b) of this section shall expire 3 years after the date the lien was established, as such date is stated in the notice under subsection (a) of this section.(2) On expiration of a notice of claim of lien under paragraph (1), and after a request by the vessel owner, the Secretary shall annotate the abstract of title to reflect the expiration of the lien.(f) This section does not alter in any respect the law pertaining to the establishment of a maritime lien, the remedy provided by such a lien, or the defenses thereto, including any defense under the doctrine of laches.(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4748; Pub. L. 107–295, title II, § 205(a)(1), Nov. 25, 2002, 116 Stat. 2095; Pub. L. 111–281, title IX, § 913(a)(1), Oct. 15, 2010, 124 Stat. 3017; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8333, Jan. 1, 2021, 134 Stat. 4705.)

Historical and Revision Notes
Revised section	Source section (U.S. Code)
31343	46:925

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.

Editorial NotesAmendments

2021—Subsec. (e). Pub. L. 116–283 designated existing provisions as par. (1) and added par. (2).

2010—Subsec. (a). Pub. L. 111–281 struck out “of Transportation” after “Secretary” in introductory provisions.

2002—Pub. L. 107–295, § 205(a)(1)(A), substituted “notices of claim of maritime lien” for “liens on preferred mortgage vessels” in section catchline.

Subsec. (a). Pub. L. 107–295, § 205(a)(1)(B), substituted “documented, or for which an application for documentation has been filed, under chapter 121” for “covered by a preferred mortgage filed or recorded under this chapter” in introductory provisions.

Subsec. (b). Pub. L. 107–295, § 205(a)(1)(C), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The Secretary shall record a notice complying with subsection (a) of this section.”

Subsec. (c). Pub. L. 107–295, § 205(a)(1)(D), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “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.”

Subsecs. (e), (f). Pub. L. 107–295, § 205(a)(1)(E), added subsecs. (e) and (f).

Statutory Notes and Related SubsidiariesEffective Date of 2002 Amendment

Amendment by Pub. L. 107–295 effective Jan. 1, 2003, see section 205(e) of Pub. L. 107–295, set out as a note under section 31325 of this title.

Effective 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 28 cases (10 in the last 5 years), 1995–2026 · 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). · cites it 6× “46 U.S.C. § 31343 (c)(2) ("The district courts of the United States shall have jurisdiction over a civil action in Admiralty to declare that a vessel is not subject to a lien claimed under subsection (b) of this section, or that the vessel is not subject to the notice of claim…”

Cianbro Corp. v. George H. Dean, Inc., 749 F. Supp. 2d 1 (D. Me. 2010). · cites it 4× “Cianbro began this lawsuit under 46 U.S.C. § 31343 (c)(2), seeking a declaratory judgment that two vessels were not subject to maritime liens claimed by George H.”

Cianbro Corp. v. George H. Dean, Inc., 733 F. Supp. 2d 191 (D. Me. 2010). · cites it 6× “Under 46 U.S.C. § 31343 (c)(2), as amended in 2002,1 conclude that bad faith is no longer a prerequisite to an award of attorneys fees.”

Universal Oil Ltd. v. Allfirst Bank, 419 F.3d 83 (2d Cir. 2005). “§ 1331 and holding that Congress did not intend to include within scope of federal question jurisdiction claims based solely on general maritime law); see also 46 U.S.C. § 31343 (c)(2) (“The district courts of the United States shall have jurisdiction over a civil action in…”

McGowan v. Pierside Boatworks, Inc., 215 F. Supp. 3d 48 (D.D.C. 2016). · cites it 2× “Second, Defendant asserts that this court is not the proper venue for this suit under 46 U.S.C. § 31343 (c)(2), which provides that venue for an action to remove a maritime lien “shall be in the district where the vessel is found or where the claimant resides or where the notice…”

Nat'l Liab. & Fire Ins. Co. v. Rick's Marine Corp., 268 F. Supp. 3d 371 (E.D.N.Y 2017). · cites it 2× “§ 1333 asserting claims against RMC for (1) a declaration pursuant to 46 U.S.C. § 31343 that RMC does not have a valid lien upon the vessel MW Pelagic (the “Pelagic” or “Vessel”); (2) conversion; and (3) negligence.”

L & L Elec., Inc. v. M/V Osprey, 764 F. Supp. 2d 270 (D. Mass. 2011). “”); 46 U.S.C. § 31343 (providing for permissive recording of a maritime lien); 46 U.”

Provencher v. Binion & Sims, P.C., 401 F. Supp. 2d 740 (S.D. Tex. 2005). · cites it 3× “46 U.S.C. § 31343 states: “Except as provided under subsection (d) of this section [covering preferred mortgages], a person claiming a lien on a vessel documented .”

Gammill v. BRADLEY T, 879 F. Supp. 737 (W.D. Ky. 1995). “Under the first factor, Gammill did bring a claim against Merchants in June 1991, roughly a year and a half after his injury.”

John Whalen, Jr. v. David George Hopkins, 385 F. App'x 717 (9th Cir. 2010). “As to the disputed Notice of Maritime Lien filed by Hopkins, 46 U.S.C. § 31343 (c)(2) permits a district court to award costs and attorneys fees to an owner of a vessel against which a lien was wrongfully filed unless the court finds that the position of the party who filed the…”

Trailer Bridge, Inc. v. Louisiana Int'l Marine LLC (E.D. La. 2025). · cites it 6× “51 Defendant avers the judgment should award interest, costs, and attorney’s fees in favor of Defendant and against Plaintiff in personam,52 Defendant asserts that pre-judgment interest in the amount of $351,806.”

Leopard Marine & Trading, Ltd. v. Easy Street Ltd. (2d Cir. 2018). · cites it 5× “Here, however, Leopard Marine does not claim that it has satisfied the requirements for a declaratory judgment pursuant to 46 U.S.C. § 31343 (c), and the parties have not otherwise suggested that we have federal question jurisdiction based on CIMLA.”

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