Page:United States Statutes at Large Volume 120.djvu/1523

 120 STAT. 1492

PUBLIC LAW 109–304—OCT. 6, 2006

entire rebuilding, including the construction of any major component of the hull or superstructure, was done in the United States. ‘‘(b) RELATED TERMS IN OTHER LAWS.—When the following terms are used in a law, regulation, document, ruling, or other official act referring to the documentation of a vessel, the following definitions apply: ‘‘(1) REGISTRY ENDORSEMENT.—The terms ‘certificate of registry’, ‘register’, and ‘registry’ mean a certificate of documentation with a registry endorsement issued under this chapter. ‘‘(2) COASTWISE ENDORSEMENT.—The terms ‘license’, ‘enrollment and license’, ‘license for the coastwise (or coasting) trade’, and ‘enrollment and license for the coastwise (or coasting) trade’ mean a certificate of documentation with a coastwise endorsement issued under this chapter. ‘‘(3) YACHT.—The term ‘yacht’ means a recreational vessel even if not documented. ‘‘§ 12102. Vessels requiring documentation ‘‘(a) IN GENERAL.—Except as otherwise provided, a vessel may engage in a trade only if the vessel has been issued a certificate of documentation with an endorsement for that trade under this chapter. ‘‘(b) VESSELS LESS THAN 5 NET TONS.—A vessel of less than 5 net tons may engage in a trade without being documented if the vessel otherwise satisfies the requirements to engage in the particular trade. ‘‘(c) BARGES.—A barge qualified to engage in the coastwise trade may engage in the coastwise trade, without being documented, on rivers, harbors, lakes (except the Great Lakes), canals, and inland waters. ‘‘§ 12103. General eligibility requirements ‘‘(a) IN GENERAL.—Except as otherwise provided, a certificate of documentation for a vessel may be issued under this chapter only if the vessel is— ‘‘(1) wholly owned by one or more individuals or entities described in subsection (b); ‘‘(2) at least 5 net tons as measured under part J of this subtitle; and ‘‘(3) not documented under the laws of a foreign country. ‘‘(b) ELIGIBLE OWNERS.—For purposes of subsection (a)(1), the following are eligible owners: ‘‘(1) An individual who is a citizen of the United States. ‘‘(2) An association, trust, joint venture, or other entity if— ‘‘(A) each of its members is a citizen of the United States; and ‘‘(B) it is capable of holding title to a vessel under the laws of the United States or a State. ‘‘(3) A partnership if— ‘‘(A) each general partner is a citizen of the United States; and ‘‘(B) the controlling interest in the partnership is owned by citizens of the United States. ‘‘(4) A corporation if— ‘‘(A) it is incorporated under the laws of the United States or a State;

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