580 



Subsec. (3). Pub. L. 92-340 redesignated former subsec. 



(2) as subsec. (3) and In subsec. (3) so redesignated re- 

 enacted existing provisions with minor changes such as 

 enumerating the purposes of the rules as vessel safety and 

 protection of marine environment, and substituting Sec- 

 retary of the Department In which the Coast Guard is 

 operating for Commandant of Coast Guard, and adding 

 provision that In establishing rules and regulations, the 

 Secretary shall consult with the Secretary of Commerce 

 and Administrator of the Environmental Protection 

 .Agency and identify the rules established for the protec- 

 tion of the marine environment and those established for 

 vessel safety. Former subsec. (3) redesignated (4). 



Subsec. (4) . Pub. L. 92-340 redesignated former subsec. 



(3) as subsec. (4) and In subsec. (4) so redesignated, 

 substituted Secretary for Commandant of Coast Guard, 

 and further substituted elaborate provisions relating to 

 consultation, publication and hearing for simple require- 

 ment of notice and hearing. Former subsec. (4) redesig- 

 nated (5). 



Subsec. (5). Pub. L. 92-340 redesignated former sub- 

 sec. (4) as subsec. (5) and in subsec. (5) so redesignated, 

 substituted "Secretary" for "Coast Guard" In three places, 

 "rules and regulations for vessel safety" for "rules and 

 regulations," "cargo" for "liquid cargo" and "certificate" 

 for "permit" in one place. Former subsec. (5) redesignated 

 (8). 



Subsec. (6). Pub. L. 92-340 added subsec. (6). Former 



subsec. (6) redesignated (9). 



Subsec. (7) Pub. L. 92-340 added subsec (7). Fonner 

 subsec. (7) redesignated (11). 



Subsec. (8). Pub. L. 92-340 redesignated former subsec. 

 (5) as subsec. (8), and In subsec. (8) so redesignated, re- 

 enacted existing provisions and substituted "Secretary" 

 for "Commandant of the Coast Guard" and "cargo" tor 

 "liquid cargo". Former subsec. (8) redesignated (10). 



Subsec. (9) . Pub. L. 92-340 redesignated former sub- 

 sec. (6) as subsec. (9) and in subsec. (9) so redesignated, 

 substituted "Secretary" for "Coast Guard" and "Com- 

 mandant of the Coast Guard", and "cargo" for "liquid 

 cargo". 



Subsec. (10) . Pub. L. 92-340 redesignated former subsec. 

 (8) as subsec. (10) and in subsec, (10) so redesignated, 

 Inserted "Except as otherwise provided herein." preceding 

 "the rules and regulations", substituted "Secretary" tot 

 "Commandant of the Coast Guard" and added provision 

 that the Secretary submit an explanation to the Congress 

 when he fixes an effective date later than ninety days. 



Subsec. (11). Pub. L. 92-340 redesignated former sub- 

 sec. (7) as par. (A) of this subsection and In part. (A) so 

 redesignated, substituted civil penalty of not more than 

 $10,000 for penalties of a fine of not more than $1,000 or 

 imprisonment for not more than one year or both fine and 

 imprisonment, and added pars. (B) and (C). 



Subsec. (12). Pub. L. 92-340 added subsec. (12). 



Subsec. (13). Pub. L. 92-340 added subsec. (13). 



15. Fishing Vessels Touching and Trading at Foreigrn Ports 



46 U.S.C. 



§ 310. Permit to touch at foreign port. 



Whenever any vessel, licensed for carrying on the 

 fishery, is intended to touch and trade at any foreign 

 port, it shall be the duty of the master or owner to 

 obtain permission for that purpose from the col- 

 lector of the district where such vessel may be, pre- 

 vious to her departure, and the master of every such 

 vessel shall deliver like manifests, and make like 

 entries, both of the vessel and of the merchandise 

 on board, within the same time, and under the same 

 penalty, as are by law provided for vessels of the 

 United States arriving from a foreign port. (R. S. 

 5 4364 ) 



§311. Penalty for touching at foreign port without 

 permission. 



Whenever a vessel, licensed for carrying on the 

 fisheries, is found within three leagues of the coast, 

 with merchandise of foreign growth or manufacture, 

 exceeding the value of $500, without having such 

 permission as is directed by section 310 of this title, 

 such vessel, together with the merchandise of foreign 

 growth or manufacture imported therein, shall be 

 subject to seizure and forfeiture. <R, S. § 4365.) 



§ 331. Certain fees abolished. 



No fees shall be charged or collected by collectors 

 or other oCBcers of customs, or by Coast Guard ofQ- 

 clals, for the following services to vessels of the 

 United States, to wit: Measurement of tonnage and 

 certifying the same, except that the compensation 

 and necessary travel and subsistence expenses of the 



310-311, 331 



officers so measuring or certifying such vessels at 

 the request of the owners thereof at a place other 

 than a port of entry or a customs station shall be 

 paid by such owners; issuing of license or granting 

 of certificate of registry, record, or enrollment, in- 

 cluding all indorsements on the same and oath; In- 

 dorsement of change of master; certifying and 

 receiving manifest, including master's oath and per- 

 mit; granting permit to vessels licensed for the fish- 

 eries to touch and trade; granting certificate of pay- 

 ment of tonnage dues; recording bill of sale, mort- 

 gage, hypothecation or conveyance, or the discharge 

 of such mortgage or hypothecation; furnishing cer- 

 tificate of title; furnishing the crew list; certificate 

 of protection to seamen; bill of health; shipping or 

 discharging of seamen, as provided by title 53 of the 

 Revised Statutes and sections 563 and 646 of this 

 title; apprenticing boys to the merchant service; In- 

 specting, examining, and licensing steam vessels. In- 

 cluding inspection certificate and copies thereof; and 

 licensing of master, engineer, pilot, or mate of a ves- 

 sel. (June 19, 1886, ch. 421. § 1, 24 Stat. 79; Apr. 4, 

 1888, ch. 61, § 2, 25 Stet. 80; June 25, 1938, ch. 679, 

 § 19(a), 52 Stat. 1087; 1946 Reorg. Plan No. 3, 

 §§ 101—104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 



1097.) 



Amendments 



1938 — Act June 25. 1938. required owners of vessels to 

 pay compensation and travel and subsistence expenses of 

 officers measuring or certifying vessels at request of 

 owners at a place other than a port of entry or customs 

 station. 



16. General Definition of "Vessel' 

 / UJS.C. 3 



§ 3. "Vessel" as including all means of water transpor 

 tation. 



watercraft or other artificial contrivance used, or 

 capable of being used, as a means of transportation 

 The word "vessel" includes every description of on water. (July 30, 1947, ch. 388, 61 Stat. 633.) 



