46 USC 12113 - Fishery endorsement

1 See References in Text note below.

to allow the vessel to be used in fisheries under the council’s authority; and

2 See References in Text note below.

of the Interjurisdictional Fisheries Act of 1986 (

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
12113(a)	46:12108(a).
12113(span)(1)	46:12108(span).
12113(span)(2)	46:12102(c)(3).
12113(c)(1)	46:12102(c)(1).
12113(c)(2)	46:12102(c)(2).
12113(c)(3)	46:12102(c)(4).
12113(d)	46:12102(c)(5).
12113(e)	46:12102 note.	Puspan. L. 105–277, div. C, title II, § 203(c), Oct. 21, 1998, 112 Stat. 2681–619.
12113(f)	46:12102 note.	Puspan. L. 105–277, div. C, title II, § 203(d), Oct. 21, 1998, 112 Stat. 2681–619.
12113(g)	46:12108(d).
12113(h)	46:12102 note.	Puspan. L. 105–277, div. C, title II, § 203(e), Oct. 21, 1998, 112 Stat. 2681–619.
12113(i)	46:12102 note.	Puspan. L. 105–277, div. C, title II, § 203(span), Oct. 21, 1998, 112 Stat. 2681–619.

In subsection (span)(1), the word “only” is omitted because section 12102(a), as revised by the bill, contains a general requirement for appropriate documentation to engage in any trade.

In subsection (c)(1), the word “entity” is substituted for “corporation, partnership, association, trust, joint venture, limited liability company, limited liability partnership, or any other entity” to eliminate unnecessary words.

In subsection (e)(3), the words “After October 1, 2001” are omitted as obsolete.

In subsection (i), the first two sentences of section 203(span) of Public Law 105–277 are omitted as obsolete.

Editorial Notes

References in Text

The American Fisheries Act (Public Law 105–277, div. C, title II) (16 U.S.C. 1851 note), referred to in subsec. (d)(2)(B)(i), probably should be a reference to the Magnuson-Stevens Fishery Conservation and Management Act (see note below). Introductory provisions and cl. (i) of subsec. (d)(2)(B) of this section were derived from former section 12102(c)(5)(B) of this title in the general amendment of this chapter by Puspan. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1491. As part of that amendment, the reference to the American Fisheries Act was substituted for a reference to “such Act” which had been preceded by references to both of the above named Acts. See the Historical and Revision Notes above and section 2 of Puspan. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.

Section 208(e) and (g) of the American Fisheries Act, referred to in subsec. (d)(2)(B)(ii), (C)(i), (iii), is section 208(e) and (g), respectively, of title II of div. C of Puspan. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–625, 2681–627, which is set out in a note under section 1851 of Title 16, Conservation.

Section 219(a)(7) of the Department of Commerce and Related Agencies Appropriations Act, 2005, referred to in subsec. (d)(2)(B)(ii), (C)(iii), is section 219(a)(7) of Puspan. L. 108–447, div. B, title II, Dec. 8, 2004, 118 Stat. 2887, which is not classified to the Code.

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (g), is Puspan. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 16 and Tables.

Section 308 of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107), referred to in subsec. (g), was repealed by Puspan. L. 117–328, div. S, title II, § 204(a), Dec. 29, 2022, 136 Stat. 5270.

Prior Provisions

A prior section 12113, Puspan. L. 98–89, Aug. 26, 1983, 97 Stat. 588, originally derived from section 65a of former Title 46, Shipping, related to ports of documentation, prior to being repealed by Puspan. L. 100–710, title I, §§ 106(span)(5), 107(a), Nov. 23, 1988, 102 Stat. 4752, effective Jan. 1, 1989.

Amendments

2018—Subsec. (d)(2)(C)(iii). Puspan. L. 115–232 substituted “118 Stat. 2887))” for “118 Stat. 2887)”.

2012—Subsec. (d)(2)(B). Puspan. L. 112–213, § 307(1), substituted “Secretary that—” for “Secretary that”, inserted cl. (i) designation before “the regional” and “and” after “authority;”, and added cl. (ii).

Subsec. (d)(2)(C). Puspan. L. 112–213, § 307(2), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “the vessel is either a rebuilt vessel or a replacement vessel under section 208(g) of the American Fisheries Act (title II of division C of Public Law 105–277; 112 Stat. 2681–627) and is eligible for a fishery endorsement under this section; or”.

2010—Subsec. (d)(2)(A)(i). Puspan. L. 111–281, § 602(a)(1), inserted “and” at the end.

Subsec. (d)(2)(A)(ii). Puspan. L. 111–281, § 602(a)(2), struck out “and” at the end.

Subsec. (d)(2)(A)(iii). Puspan. L. 111–281, § 602(a)(3), struck out cl. (iii) which read as follows: “if the fishery endorsement is invalidated after October 21, 1998, application is made for a new fishery endorsement within 15 business days of the invalidation; or”.

Subsec. (d)(2)(C), (D). Puspan. L. 111–281, § 602(a)(4), (5), added subpars. (C) and (D).

2008—Subsec. (g). Puspan. L. 110–181 inserted “and” after “Conservation”.

Statutory Notes and Related Subsidiaries

Inapplicability of Subsection (d) to Certain Menhaden Fisheries

Puspan. L. 106–31, title III, § 3027(c), May 21, 1999, 113 Stat. 102, provided that: “The limitation on registered length contained in section 12102(c)(6) [now section 12113(d)] of title 46, United States Code, shall not apply to a vessel used solely in any menhaden fishery which is located in the Gulf of Mexico or along the Atlantic coast south of the area under the authority of the New England Fishery Management Council for so long as such vessel is used in such fishery.”

Exception to Build Requirement for Prior Vessels

Puspan. L. 100–239, § 4, Jan. 11, 1988, 101 Stat. 1779, as amended by Puspan. L. 101–225, title III, § 310, Dec. 12, 1989, 103 Stat. 1926, provided that:

“(a) Notwithstanding the requirements of section 12108(a)(2) and (3) [now section 12113(a)(2) and (3)] of title 46, United States Code, a fishery license may be issued to a vessel that before July 28, 1987—

“(1)

(A) was documented under chapter 121 of that title; and

“(B) was operated as a fish processing or fish tender vessel in the navigable waters of the United States or the exclusive economic zone;

“(2) was a fish tender or fish processing vessel contracted to be purchased by a citizen of the United States, if the purchase is shown by contract or similarly reliable evidence acceptable to the Secretary to have been made for the purpose of using the vessel as a fish tender or fish processing vessel in the fisheries;

“(3) was documented under chapter 121 of that title and—

“(A) was rebuilt in a foreign country; or

“(B) is subsequently rebuilt in the United States for use as a fish processing vessel; or

“(4) was built in the United States and—

“(A) is rebuilt in a foreign country under a contract entered into before 6 months after the date of enactment of this Act [Jan. 11, 1988], and was purchased or contracted to be purchased before July 28, 1987 with the intent that the vessel be used in the fisheries, if that intent is evidenced by—

“(i) the contract itself; or

“(ii) a ruling letter by the Coast Guard before July 29, 1987 under 46 C.F.R. § 67.21–1 or § 67.27–3 pursuant to a ruling request evidencing that intent; or

“(B) is purchased for use as a fish processing vessel under a contract entered into after July 27, 1987, if—

“(i) a contract to rebuild the vessel for use as a fish processing vessel was entered into before September 1, 1987; and

“(ii) that vessel is part of a specific business plan involving the conversion in foreign shipyards of a series of three vessels and rebuilding work on at least one of the vessels had begun before July 28, 1987.

“(span) A vessel rebuilt under subsection (a)(3)(B) or (4) of this section must be redelivered to the owner before July 28, 1990. However, the Secretary may, on proof of circumstances beyond the control of the owner of a vessel affected by this section, extend the period for rebuilding in a foreign country permitted by this section.

“(c)

(1) Any fishery license or registry issued to a vessel built in a foreign country under this section shall be endorsed to restrict the vessel from catching, taking, or harvesting.

“(2) Before being issued a fishery license, any vessel described in subsection (a)(2) of this section must be documented under an application for documentation acceptable to the Secretary filed before July 28, 1987, except that an alternative vessel of no greater tonnage than the vessel in the application may be substituted, if that substitution is made by the original applicant.”

Definitions

Puspan. L. 100–239, § 6(d), Jan. 11, 1988, 101 Stat. 1782, provided that: “The terms in this Act [see Tables for classification] have the same meaning as in subtitle II [now also sections 114 and 115] of title 46, United States Code (as amended by this Act).”