§ 3.6 Marine documents; kinds of.

(a) Marine documents are of two descriptions, (1) permanent, granted to vessels at their home ports and (2) temporary, granted to vessels at ports other than their home ports.""

(b) A register or enrollment shall be valid until a contingency arises requiring its surrender. (See §§ 3.26, 3.27.) A license shall be valid for one year only, but may be renewed or changed at any time during the year for which it is granted. Care shall be taken that only one license, and for one employment, be granted to a vessel for the same period, except that a license may be granted for the "coasting trade and mackerel fisheries."

(c) No enrollment and license or license shall be considered in force longer than the vessel to which it is granted is owned as stated in the document, nor shall it be valid if the description of the vessel is changed, nor if the vessel engages in any business or employment other than that for which the document was granted.

(R.S. 4138, 4191, 4315, as amended, 4324, 4327; 46 U.S.C. 16, 62, 255, 266, 269)

§ 3.7 Marine documents; execution of. All marine documents shall be signed and sealed by the collector before being issued.

(R. 8. 4157, as amended, 4158, as amended; 46 U.S.C. 27, 28)

§ 3.8 Marine documents; new,

When a new marine document is issued in lieu of one surrendered, such new document shall in every case cite the previous document by number, date, and port of issue, carry any notation of the authority for redocumentation or of the existence of unsatisfied preferred mortgage appearing on the surrendered

Under the "Seattle plan," which is in force in a number of customs districts, a vessel having its home port within the customs collection district may secure a permanent document at any other port in the same district at which marine documents are issued.

5a The ports at which marine documents may be issued are indicated in § 1.1 of this chapter.

'The penalty for neglecting to surrender a document when required by law is the forfeiture of all privileges and benefits of a vessel of the United States. (R. S. 4169; 46 U.S. C. 38)

§ 3.9 Marine documents to inclu dimensions and tonnage.

The marine document of every vess shall express her length, breadth, an depth; the number of decks and mast the tonnage under the tonnage deck; th tonnage of the poop or other enclose space above the deck; the gross tonnag each deduction made from the gross ton nage; and the net or register tonnag In appropriate cases it shall also sho the height under the third or spar dec and the tonnage on the between deck above the tonnage deck.

(R.S. 4150, 4153, as amended; 46 U.S.C. 74, 77 § 3.10

Registers.

Vessels of the United States engage in the foreign trade shall be registered except as provided for in § 3.40 with re spect to vessels on the northern, north eastern, and northwestern frontier Vessels engaged in domestic trade only other than vessels owned by citizens a the United States as defined in § 3.1 (a) (4) and documented or to be docu mented under the Act of September 1958 (46 U.S.C. 883-1), may be registered (See § 3.30.)

(R.S. 4132, as amended, sec. 22, 41, Stat. 99" sec. 27A, 72 Stat. 1736; 46 U.S.C. 11, 13, 883–1 § 3.11 Enrollment and license; coastin trade and fisheries.

(a) When employed in the coastin trade and fisheries, a vessel of 20 net ton or over shall be enrolled and license and a vessel of 5 net tons or over bu less than 20 net tons shall be licensed unless such vessel is registered. (Se § 3.10.)

(b) A vessel engaged exclusively in th cod fishery shall be licensed for tha fishery. A vessel engaged in whalin shall be licensed for the whale fishery A vessel engaged in taking fish of an other description shall be licensed fo the mackerel fishery. A vessel license for the fisheries shall not be deeme to be used in employment for which not licensed solely because it occa

onally takes on board on the high as and transports without a monetary nsideration to a port of the United tates the catch of another fishing vesel of the United States. A vessel which ngages in both the coasting trade and shing (other than whaling) may be liensed for the "coasting trade and mackrel fishery." A vessel engaged in taking ut fishing parties is not a fishing vessel nd shall be licensed for the coasting rade unless it intends to proceed to a reign port, in which case a certificate f registry is required. (See § 3.10. See 3.40 for vessels on the Great Lakes.)

(c) The trade expressed in the body f a document is controlling and may not e limited or expanded by the statenent of service in the space provided herefor.

(d) An enrolled and licensed vessel nay engage in trade with the Canal Zone or Guantanamo Bay Naval Station. (R.S. 4311, as amended, 4321, as amended, sec. 7, 24 Stat. 81, as amended, 75 Stat. 410; 46 U.S.C. 251, 263, 319, 404)

§3.12 Builder's certificates.

(a) In order to document a vessel of class 1, 2, 6, or 7, built in the United States and not before documented, the owner shall produce to the collector a certificate on customs Form 1261 from the builder under whose direction the vessel was built that she was so built, stating the place and time of building, the person or persons for whom built, number of decks and masts, length, breadth, depth, tonnage, and such other particulars as are usually descriptive of a vessel. This certificate shall be sufficient to authorize the removal of a new vessel, if in ballast only, from the district where she was built to another district in the same or an adjoining State where the owner or owners actually reside.

(b) When for any cause it is found impracticable to obtain the certificate of the builder, other competent evidence establishing the particulars and facts required to be certified by him may be accepted with the approval of the Commissioner of Customs.

(c) The place of build is where the hull was built. The time of build is the year of completion. Both shall appear in all marine documents.

(R.S. 4147; 46 U.S.C. 24)

8

§ 3.13 Official number and signal letters. (a) Every documented vessel shall have an official number awarded by the Commissioner of Customs. Application therefor shall be made on customs Form 1320 by the owner or his agent through the collector of customs. When the application is filled with the collector at the port designated as the home port of the vessel, the application shall be in triplicate. When the application is filed with the collector at any port other than the home port of the vessel, the application shall be in quadruplicate. The name or names of any former owner or owners shall be stated on the application. If there was no former owner, that fact shall be stated. In the case of corporate ownership, the application shall be signed in the corporate name by the president, secretary, or a specially authorized officer of the corporation, or by an authorized agent. In the case of a partnership, the partnership name shall be signed by one of the partners, or by a duly authorized agent, the name of each of the partners shall be stated but the proportionate interest of each in the partnership business shall not be stated. In the case of individual ownership by two or more persons, the application shall be signed by all the owners, by a duly authorized agent, or by one of the owners as managing owner, provided there is filed with the collector a written authorization for him to act in that capacity signed by the owners of a majority interest in the vessel; in every case, the name of each owner shall be stated. In every case the capacity in which the person signs, whether as owner, managing owner, agent, etc., shall be clearly stated below his signature. If a signature is by mark, it shall be witnessed by two persons, or acknowledged. Any acknowledgment valid under the law of the state where made may be accepted.

"The Secretary of the Treasury shall have power, under such regulations as he shall prescribe, to establish and provide a system of numbering vessels so registered, enrolled and licensed; and each vessel so numbered shall have her number deeply carved or otherwise permanently marked on her main beam; and if at any time she shall cease to be so marked, such vessel shall be liable to a fine of $30 on every arrival in a port of the United States if she have not her proper official number legally carved or permanently marked." (46 U. S. C. 45)

No customs officer or employee is authorized by section 486, Tariff Act of 1930, to take such acknowledgments.

(b) Each application for an official number shall be accompanied by a designation of home port on customs Form 1319.

(c) When an application for an official number is filed with the collector at the port designated as the home port of the vessel, the original and one copy of customs Form 1320 shall be forwarded to the Bureau. When an application for an official number is filed with the collector at any port other than the home port of the vessel the original and two copies of the application shall be forwarded to the Bureau. When an official number is awarded, the Bureau will return the original to the collector from whom it was received. The collector shall make a notation of the official number awarded on the retained copy of the application and shall deliver the original to the applicant. When the application for official number is filed with the collector at any port other than the home port of the vessel, and an official number is awarded to the vessel, a copy of the notice of award will also be forwarded by the Bureau to the collector at the home port together with a copy of the application.

(d) Any seagoing vessel of 100 tons or over, in addition to an official number, may have signal letters awarded. Application therefor shall be made by the owner or his agent through a collector of customs on the application for official number, customs Form 1320, or, if the application is made subsequent to the filing of an application for an official number, by a letter transmitted through the collector of customs. Signal letters will not be forwarded to a seagoing vessel of less than 100 tons except upon special authorization by the Commissioner of Customs.

(e) A new application for the award of signal letters to a vessel of the United States shall not be required by reason of any change in status or ownership of such vessel or by reason of the redocumentation of such vessel after a period during which it has been out of documentation. The award of such letters shall not be canceled except upon special authorization of the Commissioner of Customs.

(f) The Bureau will give considerati to granting a special authorization the cancellation of the award of sign letters upon application by or on beh of a person having a permit issued the Federal Communications Comm sion for the construction or operation a broadcast station or the operation a ship station who desires to use su letters in connection with the operati of such station if the vessel to whi such letters are awarded is no long documented as a vessel of the Unit States, and if, in the case of an applic tion relating to a ship station, the vess has not been so documented for a peri of not less than 10 years. Such applic tion shall be submitted to the Commi sioner of Customs in writing and sha state (1) the name and address of t permittee, (2) the date of the granti of such permit, (3) the type of statio to which such permit has been grante (4) the letters desired, and (5) the nam and official number of the vessel to whic such letters are awarded, if known t the applicant.

(R.S. 4177, as amended; 46 U.S.C. 45) §3.14 Evidence as to marking of offici number, net tonnage, name, an hailing port.

(a) Except as provided for in § 3.51(k marine documents shall not be issue until proper evidence is produced the the official number and net tonnage ha been properly marked upon the vessel main beam, that her name has bee properly marked upon both sides of h bow, and that her name and hailing po have been properly marked upon he stern, or in the case of a yacht that he name and hailing port have been pro erly marked on the hull. (See § 2.60 of this chapter.)

(b) The evidence of proper markin required by the preceding paragrap shall be a certificate by a customs office on customs Form 1322. If the vessel at a place not readily accessible to a cus toms officer, the owner or his agent sha certify as to the proper marking; bu as soon as she arrives at a place ac cessible to a customs officer, a certificat on customs Form 1322 shall be required (Sec. 4, 28 Stat. 743, as amended; 46 U.S.C. 79 §3.16 Name and hailing port on doc mented vessel.

(a) The name of every documente (yachts excepted) shall b

vessel

arked in full upon each bow and upon he stern, and the hailing port shall so be marked in full upon the stern. hese names shall be painted, carved,

gilded in Roman letters in a light lor on a dark ground or in a dark lor on a light ground, and shall be Istinctly visible. The letters shall not è less than 4 inches high. Every steam essel of the United States shall, in adItion, have her name conspicuously laced in distinct, plain letters not less han 6 inches high on each outer side of he pilot house, if it has one, and if the essel has side wheels, also on the outer de of each wheel house.

(b) On a so-called "double-ender" essel the required names shall be placed n the parts corresponding to the bow nd stern. If either the bow or stern, r both, of any such or other vessel does ot afford sufficient space for marking he required name or names, or if the name marked in such a place would be obscured or concealed while the vessel is in operation (for example, by a fender), the names shall be placed on an appropriate adjacent part.

(c) The name of a scow, barge, or other vessel "scow-built" or with square bow may be marked on the bow instead of the side when such marking would be speedily obliterated by chafing against other vessels, piles, or rocks.

(d) The hailing port to be marked on he stern may be either the port where he vessel is permanently documented, or the place in the same district where he vessel was built or where one or more of the owners reside.

(e) Every documented yacht shall -lave its name and hailing port placed on some conspicuous part of its hull. (R. S. 4178, as amended, sec. 21, 23 Stat. 58, R. S. 4214, as amended, 4495; 46 U. S. C. 46, 7, 103, 493)

$3.17 Home port; definition; change of.

(a) A vessel's home port' is that port where marine documents may be issued

"For the purposes of the navigation laws of the United States * *, every vessel of the United States shall have a 'home port' in the United States, including Puerto Rico, which port the owner of such Vessel, subject to the approval of the Secretary of the Treasury, shall specifically fix and determine, and subject to such approval may from time to time change. Such home port shall be shown in the regis

to vessels (see § 1.1 (c) of this chapter) which has been fixed and determined by the owner with the approval of the collector, assistant collector, or deputy collector in charge of marine work at the port designated or at the port where a temporary document is to be issued to the vessel. It is the port at which the vessel's permanent documents are issued.

(b) Before a marine document is issued to a vessel never before documented or to a documented or previously documented vessel when there has been some change in ownership in whole or in part or when a change in home port is desired, the owner of the vessel shall submit his designation of home port for the vessel on customs Form 1319, signed as provided for in § 3.13 (a), to the office of the collector of customs for the port designated or the port where a temporary document is to be issued. When the designation is filed with the collector at the port designated as home port, it shall be filed in duplicate; when filled at a port where a temporary document is to be issued, it shall be filed in triplicate. If the home port so designated is different from the last previous home port of the vessel, the owner shall also request the collector at the previous home port to forward to the collector at the designated port an abstract of title on customs Form 1332, or on customs Forms 1332 and 1332-A (see § 3.33 (1)).

(c) If an owner desires that the home port be elsewhere than the port at or nearest the place in the same customs collection district where the vessel business of the owner is conducted, he shall submit with his designation of home port a detailed statement setting forth the

reasons.

(d) Whenever an owner submits a designation of home port to a collector, the collector shall examine the instruments transferring title to the vessel and the abstract of title on customs Form 1332 or customs Forms 1332 and 1332-A, if any, and satisify himself that the home port has in fact been designated by the

ter, enrollment, and license, or license of such vessel, which documents, respectively, are referred to as the vessel's document. The home port shown in the document of any vessel of the United States in force on February 16, 1925, shall be deemed to have been fixed and determined in accordance with the provisions hereof. " (46 U.S. C. 18)

owner of the vessel or some person authorized to act for him.

(e) Any designation presented shall be forwarded to the Bureau for recommendation before approval and before the issuance of any document under such designation if:

(1) A port or place is designated which is other than the port at or nearest the place in the same customs collection district where the vessel business of the owner is conducted;

(2) The vessel is of foreign build and has not been previously documented as a vessel of the United States;

(3) The vessel has been transferred to an alien in whole or in part or has been placed under foreign registry after having been built in the United States or after having been documented as a vessel of the United States;

(4) Title has passed by operation of law before the first documentation as a vessel of the United States or since the date of acquisition of title by the last owner of record, whether by court order, by appointment of a trustee in bankruptcy, or otherwise.

(5) The vessel is owned by a corporation which is qualified as a citizen of the United States only under the definition contained in § 3.19(a) (4).

(f) After favorable recommendation by the Bureau if required, the collector, assistant collector, or deputy collector in charge of marine work for the port at which a designation is filed in accordance with paragraph (a) of this section may approve that designation provided recordable instruments covering each sale, gift, or conveyance (including a conveyance in trust), if any, since the date of acquisition of title by the last owner of record are presented with the designation. After favorable recommendation by the Bureau if required, the collector or assistant collector for the district in which any such designation is filed may waive the requirements for production of recordable instruments of conveyances and may approve that designation if he is satisfied that it is impracticable to furnish any such instrument and that the owner has legal title to the vessel.

(g) If the designation of home port is approved as provided for in paragraph (f) of this section, the collector shall forward a duplicate copy of the designa

tion to the Bureau. If the designati is so approved at a port other than t home port, the collector shall also fo ward the triplicate copy of the design tion to the collector at the home port.

(h) In every case in which a fav able recommendation by the Bureau required before an approval may granted under paragraph (f) of t section, the collector shall forward copy of the designation to the Burea together with any evidence of title su mitted, any necessary statement of t facts and circumstances, and a stat ment as to whether or not the collect is of the opinion that the applicant h legal title to the vessel. In addition, a statement required by paragraph (c) this section shall be forwarded. papers so forwarded will be returned the Bureau, with its recommendati for processing by the field offic concerned.

T

(i) No officer or employee designat to grant approvals of designations home ports shall approve, nor shall an collector forward to the Bureau for re view, any such designation unless it al pears that the vessel will be documente as a vessel of the United States substan tially simultaneously with the approv of the designation by any such officer employee after any necessary revie When a designation has been approve and the vessel is not so documented, ti approval granted shall be cancelled. T collector, in subsequently transmitting copy of a new designation by the san owner for review or in forwarding a co of a designation approved by him, sha indicate in his remarks the date of th previous approval and that it was ca celled because of failure to document th vessel.

(R. S. 4141, sec. 1, 43 Stat. 947, as amended 46 U. S. C. 17, 18)

§3.18 Forms of oath of owner an master for documentation.

(a) Prior to the documentation or re documentation of any vessel, except i case of redocumentation of a vessel a a port other than the home port upo change in trade or loss of marine docu ment or when the renewal spaces ar filled, there shall be filed an oath o ownership on customs Form 1258 if th vessel is owned by an individual, part