600 



§1100a-3. Definitions. 

 As used in this chapter — 



(1) The term "person" means a person as de- 

 fined in section 1 of Title 1 . 



(2) The term "prohibited fish" means, with 

 respect to any prohibited vessel, the fish, moUusk, 

 crustacean, or other form of marine animal or 

 plant life which such vessel was authorized to 

 engage in the catching of before the prohibition 

 described in paragraph (3) (C) of this section was 

 imposed on such vessel by the foreign country 

 concerned. 



(3) The term "prohibited vessel" means any 

 vessel of less than five net tons which was — 

 (Ai constructed in a foreign country, 

 <B) used in a fishery of such foreign country, 

 and 



(C) subsequently prohibited by such foreign 



country from being used in such fishery; 



but does not mean any such vessel which was 



acquired by a citizen of the United States or a 



resident alien before October 27, 1972. 



(Pub. L. 92-601, § 5, Oct. 27, 1972, 86 Stat. 1328.) 



26. Registration of Vessels 

 46 U.S.C. 11 



§11. Vessels entitled to registry; coastwise trade; 

 ocean mail service contracts. 



Vessels built within the United States and belong- 

 ing wholly to citizens thereof; and vessels which 

 may be captured in war by citizens of the United 

 States and lawfully condemned as prize, or which 

 may be adjudged to be forfeited for a breach of the 

 laws of the United States; and seagoing vessels, 

 whether steam or sail, which have been certified by 

 the Coast Guard as safe to carry dry and perishable 

 cargo, wherever built, which are to engage only in 

 trade with foreign countries, with the Islands of 

 Guam, Tutuila, Wake, Midway, and Kingman Reef, 

 being wholly owned by citizens of the United States 

 and no others or corporations organized and char- 

 tered under the laws of the United States, or of any 

 State thereof, of which the President or other chief 

 executive oflScer and the chairman of the board of 

 directors shall be citizens of the United States and 

 no more of its directors than a minority of the num- 

 ber necessary to constitute a quorum shall be non- 

 citizens, may be registered as directed in this chapter 

 and chapters 3, 4, 5. 6, 7, 8, and 9 of this title. Por- 

 eign-built vessels registered pursuant to this section 

 shall not engage In the coastwise trade: Provided, 



That such vessels so admitted under the provisions of 

 this section may contract with the Postmaster Gen- 

 eral under act March 3, 1891, ch. 519, 26 Stat. 830, so 

 long as such vessels shall in all respects comply with 

 the provisions and requirements of said sections. 

 (R.S. § 4132; Aug. 24, 1912. ch. 390, § 5, 37 Stat. 562; 

 Aug. 18, 1914, ch. 256, § 1, 38 Stat. 698; Sept. 21, 1922, 

 ch. 356, § 321, 42 Stat. 947; June 30. 1932, ch. 314, 

 §501. 47 Stat. 415; May 27. 1936. ch. 463, § 1. 49 

 Stat. 1380; May 24, 1938. ch. 265. 52 Stat. 437; 1946 

 Proc. No. 2695, July 4, 1946. 11 F. R. 7517, 60 Stat. 

 1352; 1946 Reorg. Plan No. 3. §§ 101—104, eff. July 

 46, 1946, 11 F.R. 7875. 60 Stat. 1097; Sept. 21, 1959, 

 Pub.L. 86-327, § 1. 73 Stat. 597.) 

 Amendments 

 1859 — Pub. L. 86-327 redefined citizenship qualification 

 for corporations by substituting requirement that the 

 president or other chief executive officer and the chair- 

 man of the board of directors be tJnlted States citizens 

 and that no more of the directors than a minority of 

 the number necessary to constitute a quorum be non- 

 cltlzens for requirement that the president and managing 

 directors be United States citizens. 



1938 — Act May 24. 1938 In first sentence, added reference 

 to Wake. Midway, and Kingman Reef. 



27. Retaliation Against Foreign Countries Suspending or Denying Privileges 



to United States Vessels 



46 U.S.C. 142-143 



§ 142. Retaliatory suspension of commercial privileges 

 to foreign vessels. 



Whenever any foreign country whose vessels have 

 been placed on the same footing in the ports of the 

 United States as American vessels (the coastwise 

 trade excepted) shall deny to any vessels of the 

 United States any of the commercial privileges ac- 

 corded to national vessels in the harbors, ports, or 

 waters of such foreign country, the President, on 

 receiving satisfactory information of the continuance 

 of such discriminations against any vessels of the 

 United States, is authorized to issue his proclamation 

 excluding, on and after such time as he may indicate, 

 from the exercise of such commercial privileges in 



the ports of the United States as are denied to Amer- 

 ican vessels in the ports of such foreign country, all 

 vessels of such foreign country of a similar character 

 to the vessels of the United States thus discrim- 

 inated against, and suspending such concessions 

 previously granted to the vessels of sucli country; 

 and on and after the date named in such proclama- 

 tion for it to take effect, if the master, officer, or agent 

 of any vessel of such foreign country excluded by said 

 proclamation from the exercise of any commercial 

 privileges shall do any act prohibited by said procla- 

 mation in the ports, harbors, or waters of the United 

 States for or on account of such vessel, such vessel, 

 and its rigging, tackle, furniture, and boats, and all 



