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tons and over entitled to be enrolled and licensed or licensed for the coasting trade may be licensed for the "coasting trade and mackerel fishery."

The words "(insert here the name or names, occupation or occupations, and place or places of abode of the owner or owners, and the part or proportion of such vessel belonging to each owner) is (or are) a citizen (or citizens) of the United States, and sole owner (or owners) of" have been inserted in subsection (a) following "having sworn that" consistent with the form of enrollment prescribed by section 230 of this act and in accordance with administrative practice (see customs form 1285, "License of Vessel Under 20 Tons").

The words "rig of the vessel, as prescribed by the Secretary of the Treasury for the purposes of the list of vessels of the United States published annually by him under the provisions of subsection (c) of section 106 of the Navigation Act of 1967" have been substituted for "description of the vessel, whether ship, brigantine, snow, schooner, sloop, or whatever else she may be" for the reasons stated in the fifth paragraph of the note to section 213 of this act. The word "rig" has been substituted for "description" consistent with the foregoing. The provisos are omitted here as covered by section 602 of this act. Changes have been made in phraseology as required in the context of this act. This section should be read together with section 410 of this act, which provides that, in certain circumstances, the language of a vessel's marine document shall be so varied as to recite two sets of gross and net tonnages.

SEC. 232. CONSOLIDATION OF FORMS: ENROLLMENT AND LICENSE.[Under the direction of the Secretary of the Treasury the] The Secretary [of the Treasury] is [hereby] authorized and directed [from time to time] to consolidate into one document in the case of any vessel of the United States the form of enrollment prescribed by section [4319 of the Revised Statutes] 230 of this Act and the form of license prescribed by section [4321 of the Revised Statutes] 231 of this Act, and such consolidated form [shall henceforth be] issued to a vessel of the United States in lieu of the separate enrollment and license [now] prescribed by [law] such sections [, and] shall be deemed sufficient compliance with the requirements of laws relating to the subject.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 260 (Apr. 24, 1906, c. 1865, § 1, 34 Stat. 136; Feb. 29, 1912, c. 47, 37 Stat. 70; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; June 30, 1932, c. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, c. 463, § 1, 49 Stat. 1380; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The words "Under the direction of the Secretary of the Treasury the" at the beginning of the section have been deleted as anomalous. The reference originally was to the Secretary of Commerce and Labor and later to the Secretary of Commerce, whose duties hereunder were transferred to the Secretary of the Treasury by 1946 Reorganization Plan No. 3.

The second reference to "Secretary of the Treasury" originally was to the "Commissioner of Navigation," later to the "Director, Bureau of Navigation and Steamboat Inspection," and then to the "Director, Bureau of Marine Inspection and Navigation," whose duties were transferred to the Commissioner of Customs by 1946 Reorganization Plan No. 3 and thence to the Secretary of the Treasury by 1950 Reorganization Plan No. 26.

The words "of the Treasury" following "Secretary" in the introductory clause as revised have been deleted as surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act.

The words "hereby,' ," "shall henceforth be," and "now" have been deleted as unnecessary so long after the adoption of the legislation on which the section is based.

Changes have been made in phraseology as required in the context of this section.

SEC. 233. ENROLLMENT AND LICENSE FOR VESSELS ON NORTHERN, NORTHEASTERN, AND NORTHWESTERN FRONTIERS.-Any vessel of the United States, other than a yacht, navigating the waters on the northern, northeastern, and northwestern frontiers [,] otherwise than by sea[,] shall be enrolled and licensed [in such form as other vessels;]. [such] Such enrollment and license shall authorize any such vessel to be employed either in the coasting or foreign trade on such frontiers, and no certificate of registry shall be required for vessels so employed. Such vessel shall be, in every other respect, liable to the regulations and penalties relating to registered and licensed vessels.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 258 (R.S. § 4318; Feb. 27, 1877, c. 69, § 1, 19 Stat. 251; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The words "other than a yacht" have been inserted after "United States" to make clear that the frontier enrollment and license provided for in this section is restricted to vessels intended to engage in trade (or the fisheries).

The words "in such form as other vessels;" have been deleted as misleading surplusage because vessels of less than 20 tons, navigating waters other than on the northern, northeastern, and northwestern frontiers, are licensed only, rather than enrolled and licensed.

Changes have been made in phraseology as required in the context of this act.

SEC. 234. RESTRICTION ON USE OF LICENSED VESSEL; 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 vessel or for 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 [vessels] vessel be of 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] officer or employee designated by the Secretary for that purpose in the district comprehending the vessel's home port [whereto such vessel may belong] to grant a license, provided all other requirements of law for the granting of such license shall have been complied with.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 262 (R.S. § 4320; Feb. 27, 1877, c. 69, § 1, 19 Stat. 251; Jan. 16, 1895, c. 24, § 3, 28 Stat. 625; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No.1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The word "laws" has been deleted in the first sentence consistent with its absence after "revenue" in the second sentence.

The words "officer or employee designated by the Secretary for that purpose" have been substituted for "collector of" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs.]"

The words "vessel's home port" have been substituted for "port whereto such vessel may belong" consistent with section 203 of this act and for the reasons stated in the penultimate paragraph of the note thereto.

The words "provided all other requirements of law for the granting of such license shall have been complied with" have been added at the end of the section

to make clear that it is not the duty of the officer or employee concerned to issue a license upon the taking of the prescribed oaths unless all other requirements of law requisite to the issuance of a license also have been complied with.

Changes have been made in phraseology as required in the context of this act.

SEC. 235. EXCHANGE OF DOCUMENTS.-The [collectors of] officers or employees designated by the Secretary for that purpose in the several districts may, except as otherwise provided by law, enroll, enroll and license, or license, as the case may be, any vessel that may be registered, upon such registry being given up, or may register any vessel that may be enrolled, enrolled and licensed, or licensed, upon such enrollment, enrollment and license, or license being given up.

NOTE

This section is based on title 46, U.S. C., 1964 ed., § 264 (R.S. § 4322; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The words "officers or employees designated by the Secretary for that purpose in" have been substituted for "collectors of" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs.]" The words "except as otherwise provided by law" have been inserted after "may" to recognize instances when the exchange of documents provided for by this section may not take place. A foreign-built vessel admitted to registry under paragraph (6) of subsection (a) of section 205 of this act may not be enrolled and licensed or licensed for the coastwise trade or for the fisheries (see secs. 501, 506, 514, and 601 of this act). A vessel admitted to registry which has lost its coastwise privileges as a result of having been sold foreign or placed under foreign registry (see sec. 502 of this act), or which has lost its coastwise privileges by rebuilding abroad (see sec. 503 of this act), may not be enrolled and licensed or licensed for the coastwise trade.

The word "enroll" has been inserted before "enroll and license" and the words "or license, as the case may be," after "enroll and license;" the words "enrolled and licensed, or licensed" have been inserted after "enrolled;" and the word "enrollment" has been inserted before "enrollment and license" and the words "or license" after "license" to recognize the distinctive documents issued to vessels of 20 tons and upward and to those of less than 20 tons (see secs. 232, 247, 501, 601, and 801 of this act).

SEC. 236. SAME: WHEN VESSEL IS IN A DISTRICT OTHER THAN THAT COMPREHENDING HER HOME PORT.-When any vessel shall be in any other district than the one [to which she belongs] comprehending her home port, the [collector of] officer or employee designated by the Secretary for that purpose in such district, on the application of the master thereof, and upon his taking an oath that, according to his best knowledge and belief, the property remains as expressed in the register, [or] enrollment, enrollment and license, or license proposed to be given up, shall make the exchange of an enrollment, enrollment and license, or license for a register, or of a register for an enrollment, enrollment and license, or license; but in every such case the [collector] officer or employee to whom the register, enrollment, [or] enrollment and license, or license may be given up shall transmit the same to the Secretary [of the Treasury]; and the register, enrollment, [or] enrollment and license, or license granted in lieu thereof [,] shall, within ten days after the arrival of such vessel within the district. [to which she belongs] comprehending her home port, be delivered to

the [collector of] officer or employee designated by the Secretary for that purpose in [the] such district and be by him canceled. If the master shall neglect to deliver the register, enrollment, [or] enrollment nd license, or license within such time, he shall be liable to a penalty f $100.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 265 (R.S. § 4323; July 5, $84, c. 221, § 2, 23 Stat. 119; June 30, 1932, c. 314 §§ 501, 502(b), 47 Stat. 415; May 27, 1936, c. 463, § 1, 49 Stat. 1380; 1946 Reorganization Plan No. 3, § 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat.

1317).

The words "comprehending her home port" have been substituted for "to hich she belongs" in two places consistent with section 203 of this act and for he reasons stated in the penultimate paragraph of the note thereto.

The words "officer or employee designated by the Secretary for that purpose in" ave been submitted for "collector of" in two places, and "officer or employee" or "collector," in accordance with 1965 Reorganization Plan No. 1, which bolished the office of "collector [of customs]."

The words "register, enrollment, enrollment and license, or license" or "enlment, enrollment and license, or license" have been used in series for the ason stated in the last paragraph of the note to section 235 of this act.

The words "of the Treasury" following "Secretary" have been deleted as sursage because "Secretary" is defined as "Secretary of the Treasury" in section 1 of this act.

Changes have been made in phraseology as required in the context of this act.

SEC. 237. EXPIRATION OF LICENSE.-No license[] granted to any essel, shall be considered in force any longer than such vessel is wned, and of the description set forth in such license, and such cense no longer shall be considered in force [or] if the vessel is used r carrying on any other business or employment than that for which he is specially licensed.

NOTE

This section is based on title 46, U.S.C., 1964 ed., §266 (R.S. 4324).
Changes have been made in phraseology as required in the context of this act.

SEC. 238. SAME: RENEWAL BY ENDORSEMENT; SURRENDER.-The cense granted to any vessel shall be presented for renewal by endorsement to the [collector of customs of] officer or employee designated by the Secretary for that purpose in the district in which the vessel then ay be within three days after the expiration of the time for which it as granted, or, if she be absent at that time, within three days from er first arrival within a district. In case of change of build, ownerip, district, trade, or arrival under temporary papers in the district [where she belongs] comprehending her home port, the license shall be urrendered. If the master shall fail to deliver the license he shall be able to a penalty of $10, which shall not be mitigated].

NOTE

This section is based on title 46, U.S. C., 1964 ed., § 267 (R.S. § 4325; Apr. 24, *6, c. 1865, § 2, 34 Stat. 136; May 31, 1939, c. 160, 53 Stat. 795; 1946 Reorganizaon Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 organization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 20 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035 Stat. 1317).

The words "officer or employee designated by the Secretary for that purpose in" have been substituted for "collector of customs of" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector of customs." The words "comprehending her home port" have been substituted for "where she belongs" consistent with section 203 of this act and for the reasons stated in the penultimate paragraph of the note thereto.

The words "which shall not be mitigated" at the end of the section have been deleted in accordance with act May 31, 1939, c. 160, 53 Stat. 795, which amended R.S. § 4325, as amended, 46 U.S.C. 267 (this section) to permit mitigation or remittance of penalty, formerly expressly prohibited. See section 107 of this act.

SEC. 239. SAME: EXEMPTION FROM PENALTY; LOSS OF LICENSE.If[such] a license required to be surrendered under the provisions of section 238 of this Act, however,] shall have been previously given up to the [collector of] officer or employee designated by the Secretary for that purpose in any other district, as authorized by this [Title] chapter, and a certificate thereof under the hand of such [collector] officer or employee be produced by such master, or if such license be lost or destroyed, or unintentionally mislaid so that it cannot be found, and the master of such vessel shall make and subscribe an oath that he believes such license [is] to be lost, destroyed, or unintentionally mislaid, [as he verily believes,] and that the same, if found, shall be delivered up, as [is herein] required by section 238 of this Act, [then] the penalty prescribed in [the preceding] that section shall not be incurred. If such license shall be lost, destroyed, or unintentionally mislaid before the expiration of the time for which it was granted, then, upon application being made therefor, and upon the like oath being made and subscribed by the master of such vessel, the [collector] officer or employee designated by the Secretary for that purpose, [, upon application being made therefor,] shall license such vessel anew.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 268 (R.S. § 4326; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The words "required to be surrendered under the provisions of section 238 of this Act" have been substituted for "such" in the introductory clause to eliminate the ambiguity caused by the absence of an antecedent for "such."

The words "officer or employee designated by the Secretary for that purpose" or variations thereof have been substituted for "collector" in three places in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

The words "he believes" have been substituted for "as he verily believes" because the latter is archaic.

Changes have been made in phraseology as required in the context of this act.

SEC. 240. RETURN AND CANCELLATION OF LICENSE; ISSUANCE OF NEW LICENSE.-The owner of any licensed vessel may return such license to the [collector] officer or employee who granted the same at any time within the year for which it was granted[;], and thereupon [the collector] such officer or employee shall cancel the same [,] and shall license [such] the vessel anew upon the application of the owner and upon the conditions [hereinbefore required] for the initial issuance of a license being complied with.

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