592 



20. Licensing of Fishing Vessels 

 46 U.S.C. 262, 263. 319, 323-325 



§262. License; oath not to defraud revenue; oath as 

 to citizenship. 



No licensed vessel shall be employed In any trade 

 whereby the revenue laws of the United States shall 

 be defrauded. The master of every such vessel shall 

 swear that he Is a citizen of the United States, and 

 that such license shall not be used for any other ves- 

 sel or any other employment than that for which It 

 was specially granted, or in any trade or business 

 whereby the revenue of the United States may be 

 defrauded; and If such vessel be less than twenty 

 tons burden, the husband or managing owner shall 

 swear that she is wholly the property of citizens of 

 the United States: whereupon it shall be the duty of 

 the collector of the district comprehending the port 

 whereto such vessel may belong to grant a license. 

 (R. S. § 4320: Feb. 27, 1877, ch. 69, § 1, 19 Stat. 251: 

 Jan. 16, 1895, ch. 24, § 3, 28 Stat. 625.) 



§263. Form of license; coastal vessels of five tons or 

 more; vessels operating on Great Lakes. 



The form of a license for carrying on the coasting 

 trade or fisheries shall be as follows: 



"License for carrying on the (here insert 'coasting 

 trade', 'whale fishery', 'mackerel fishery', or 'cod 

 fishery', as the case may be). 



"In pursuance of Title L, 'Regulation of Vessels 

 in Domestic Commerce", of the Revised Statutes 

 of the United States, (inserting here the name of 

 the husband or managing owner, with his occupa- 

 tion and place of abode, and the name of the master, 

 with the place of his abode), having sworn that the 

 (Insert here the description of the vessel, whether 

 ship, brigantine, scow, schooner, sloop, or whatever 

 else she may be), called the (insert here the vessel's 

 name), whereof the said (naming the master) is 

 master, burden (insert here the number of tons, in 

 words) tons, as appears by her enrollment, dated 

 at (naming the district, day, month, and year, in 

 words at length, but if she be less than twenty tons, 

 insert, instead thereof, 'proof being had of her 

 admeasurement'), shall not be employed in any 

 trade, while this license shall continue in force, 

 whereby the revenue of the United States shall be 

 defrauded, and having also sworn (or affirmed) that 

 this license shall not be used for any other vessel, or 

 for any other employment, than is herein specified, 

 license is hereby granted for the said (inserting here 

 the description of the vessel) called the (inserting 

 here the vessel's name) , to be employed in carrying 

 on the (Inserting here 'coasting trade', 'whale fishery', 

 'mackerel fishery', or 'cod fishery', as the case may 

 be) , for one year from the date hereof, and no longer. 

 Given under my hand and seal, at (naming the said 

 district), this (inserting the particular day) day of 

 (naming the month), in the year (specifying the 

 number of the year in words at length) ;": Provided. 

 That vessels of five net tons and over entitled under 

 the laws of the United States to be enrolled and 

 licensed or licensed for the coasting trade may be 

 licensed for the "coasting trade and mackerel fish- 

 ery", and shall be deemed to have sufficient license 



for engaging in the coasting trade and the taking of 

 fish of every description, including shellfish: Pro- 

 vided further. That the provisions of sections 310 

 and 311 of this title shall be, and are hereby, made 

 applicable to vessels so licensed: And provided fur- 

 ther. That vessels operating on the Great Lakes and 

 their connecting and tributary waters under enroll- 

 ment and license issued in conformity with the pro- 

 visions of section 258 of this title, shall be deemed 

 to have sufficient license for engaging in the taking 

 of fish of every description within such waters with- 

 out change in the form of enrollment and license 

 prescribed under the authority of that section. (R. S. 

 § 4321: May 20, 1936, ch. 434, 49 Stat. 1367.) 

 Amendments 



1936 — Act May 20, 1936. substituted the words "having 

 sworn" for 'having given bond" and added the three 

 proviso clauses. 



§ 319. Fine for trading without license. 



Every vessel of twenty tons or upwards, entitled to 

 be documented as a vessel of the United States, other 

 than registered vessels found trading between dis- 

 trict and district, or between different places in the 

 same district, or carrying on the fishery, without 

 being enrolled and licensed, and every vessel of less 

 than twenty tons and not less than five tons burden 

 found trading or carrying on the fishery as aforesaid 

 without a license obtained as provided by this chapter, 

 shall be liable to a fine of $30 at every port of arrival 

 without such enrollment or license, and if she have on 

 board any merchandise of foreign growth or manu- 

 lacture (sea stores excepted) , or any taxable domes- 

 tic spirits, wines, or other alcoholic liquors, on which 

 the duties or taxes have not been paid or secured to 

 be paid, she shall, together with her tackle, apparel 

 and furniture, and the lading found on board, be 

 forfeited. Marks, labels, brands, or stamps, indica- 

 tive of foreign origin, upon or accompanying 

 merchandise or containers of merchandise found on 

 board such vessel, shall be prima facie evidence of 

 the foreign origin of such merchandise. But if the 

 license shall have expired while the vessel was at 

 sea, and there shall have been no opportunity to 

 renc-v such license, then said fine or forfeiture shall 

 not be inc;:rred. (June 19, 1886, ch. 421, § 7, 24 

 Stat. 82; Aug. 5 1935, ch. 438, title Ml. § 314. 49 Stat. 

 529.) 



§ 323. Peialiy for forgery and alteration. 



Every person who forges, counterfeits, erases, al- 

 ters, or falsifies any enrollment, license, certificate, 

 permit, or other document, mentioned or required In 

 sections 251 to 255, 258, 259. 262 to 280, 293. 306 to 

 316, 318, 321 to 330, and 333 to 335 of this title, to be 

 granted by any officer of the revenue, such person, 

 so offending, shall be liable to a penalty of $500. 

 (R. S. §4375.) 

 §324. Penalty for obstructing cflicers. 



Every person who assaults, resists, obstructs, or 

 hinders any officer in the execution of any Act or 

 law relating to the enrollment, registry, or licensing 



