cate of the builder shall not be required, nor shall a certificate of admeasurement be required unless some change of tonnage has taken place since the time of the previous documentation. (See §§ 3.26, 3.27 and 3.30.)

§ 3.9

Marine documents to include dimensions and tonnage.

(a) The marine document of every vessel except one admeasured under the provisions of §§ 2.101 through 2.104 of this chapter shall express her length, breadth, and depth; if applicable, the depth (D,) and the length (Lt) used with the tonnage mark table and the distances to the tonnage mark from the line of the upper deck and from the molded line or equivalent of the second deck; the number of decks and masts; capacity under the tonnage deck, that of the between decks, and also separately, permanently enclosed spaces on or above the upper deck to the hull required to be included in the gross tonnage, and the omitted spaces, whether open or closed-in, on, above, or below the upper deck; the gross tonnage or tonnages; items of deduction; and the net tonnage or tonnages. In appropriate cases it shall also show the height of the upper deck to the hull above the tonnage deck. (b) The marine document of every vessel admeasured under the provisions of §§ 2.101 through 2.104 of this chapter shall express her length, breadth, depth, and gross and net tonnages.

(c) Every marine document issued to a vessel admeasured under the provisions of Public Law 89-476 shall bear on its face the following notation: "This vessel has been admeasured under the provisions of Public Law 89-476 and shall be used exclusively as a pleasure vessel until readmeasured and redocumented under the appropriate statutes." [T.D. 67-69, 32 F.R. 3389, Mar. 1, 1967]

Vessels of the United States engaged in the foreign trade shall be registered, except as provided for in § 3.40 with respect to vessels on the northern, northeastern, and northwestern frontiers. Vessels engaged in domestic trade only, other than vessels owned by citizens of the United States as defined in § 3.19 (a) (4) and documented or to be documented under the Act of September 2, 1958 (46 U.S.C. 883-1), may be registered. (See § 3.30.)

(R.S. 4132, as amended, sec. 22, 41, Stat. 997, sec. 27A, 72 Stat. 1736; 46 U.S.C. 11, 13, 883-1)

$ 3.11

Enrollment and license; coasting trade and fisheries.

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

(b) A vessel engaged exclusively in the cod fishery shall be licensed for that fishery. A vessel engaged in whaling shall be licensed for the whale fishery. A vessel engaged in taking fish of any other description shall be licensed for the mackerel fishery. A vessel licensed for the fisheries shall not be deemed to be used in employment for which not licensed solely because it occasionally takes on board on the high seas and transports without a monetary consideration to a port of the United States the catch of another fishing vessel of the United States. A vessel which engages in both the coasting trade and fishing (other than whaling) may be licensed for the "coasting trade and mackerel fishery." A vessel engaged in taking out fishing parties is not a fishing vessel and shall be licensed for the coasting trade unless it intends to proceed to a foreign port, in which case a certificate of registry is required. (See § 3.10. See § 3.40 for vessels on the Great Lakes.)

(c) The trade expressed in the body of a document is controlling and may not be limited or expanded by the statement of service in the space provided therefor.

(d) An enrolled and licensed vessel may 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 dis

trict 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)

§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

"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)

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. 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 au

thorization 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) Under certain circumstances, the Bureau will give consideration to granting a special authorization for the cancellation of the award of signal letters when the vessel to which such letters are awarded is no longer documented and, in the case of an application relating to a ship station, the vessel has not been so documented for a period of not less than 10 years. Such consideration will be given upon application by or on behalf of a person having a permit issued by the Federal Communications Commission for the construction or operation of a broadcast station or the operation of a ship station or by a person who has applied to the Federal Communications Commission for transfer or assignment of an existing station. either case, the application must state that the person desires to use the letters in connection with the operation of such station. Such application shall be submitted to the Commissioner of Customs in writing and shall state (1) the name and address of the permittee or applicant for transfer or assignment, (2) the date of the granting of such permit or filing of such application for transfer or assignment, (3) the type of station involved, (4) the letters desired, and (5) the name and official number of the vessel to which such letters are awarded, if known to the applicant.

In

(R.S. 4177, as amended; 46 U.S.C. 45) [28 F.R. 14575, Dec. 31, 1963, as amended by T.D. 66-154, 31 F.R. 10358, Aug. 2, 1966]

§3.14 Evidence as to marking of official number, net tonnage, name, and hailing port.

(a) Except as provided for in § 3.51(k), marine documents shall not be issued until proper evidence is produced that the official number and net tonnage have been properly marked upon the vessel's main beam, that her name has been properly marked upon both sides of her bow, and that her name and hailing port

have been properly marked upon her stern, or in the case of a yacht that her name and hailing port have been properly marked on the hull. (See § 2.60a of this chapter.)

(b) The evidence of proper marking required by the preceding paragraph shall be a certificate by a customs officer on customs Form 1322. If the vessel is at a place not readily accessible to a customs officer, the owner or his agent shall certify as to the proper marking; but as soon as she arrives at a place accessible to a customs officer, a certificate on customs Form 1322 shall be required. (Sec. 4, 28 Stat. 743, as amended; 46 U.S.C. 79) §3.15 Verification of overall dimen

sions.

(a) A vessel document issued upon admeasurement under the provisions of §§ 2.101 through 2.104 of this chapter may, in the discretion of the customs officer concerned, not be renewed, nor another document issued for a vessel documented upon such admeasurement until a customs officer has verified the overall dimensions stated in the application for such admeasurement.

(b) Any correction of the stated overall dimensions of a vessel as the result of the verification provided for in paragraph (a) of this section shall be deemed a change in the description of the vessel within the meaning of § 3.6(c).

(R.S. 4149, as amended, 4150, as amended, 4153, as amended; 46 U.S.C. 72, 74, 77) [T.D. 67-69, 32 F.R. 3390, Mar. 1, 1967]

§3.16 Name and hailing port on documented vessel.

(a) The name of every documented vessel (yachts excepted) shall be marked in full upon each bow and upon the stern, and the hailing port shall also be marked in full upon the stern. These names shall be painted, carved, or gilded in Roman letters in a light color on a dark ground or in a dark color on a light ground, and shall be distinctly visible. The letters shall not be less than 4 inches high. Every steam vessel of the United States shall, in addition, have her name conspicuously placed in distinct, plain letters not less than 6 inches high on each outer side of the pilot house, if it has one, and if the vessel has side wheels, also on the outer side of each wheel house.

(b) On a so-called "double-ender" vessel the required names shall be placed on the parts corresponding to the bow

and stern. If either the bow or stern, or both, of any such or other vessel does not afford sufficient space for marking the 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 the stern may be either the port where the vessel is permanently documented, or the place in the same district where the vessel was built or where one or more of the owners reside.

(e) Every documented yacht shall have 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, 47, 103, 493)

§3.17 Home port; definition; change of.

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

"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 register, 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. U.S. C. 18)

(46

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 filed 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 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, and the deputy collector in charge of marine work for the port at which a designation is filed when authorized by the collector, 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 designation to the Bureau. If the designation is so approved at a port other than the home port, the collector shall also forward the triplicate copy of the designation to the collector at the home port.

(h) In every case in which a favorable recommendation by the Bureau is required before an approval may be granted under paragraph (f) of this section, the collector shall forward a copy of the designation to the Bureau, together with any evidence of title submitted, any necessary statement of the facts and circumstances, and a statement as to whether or not the collector is of the opinion that the applicant has legal title to the vessel. In addition, any statement required by paragraph (c) of this section shall be forwarded. The papers so forwarded will be returned by the Bureau, with its recommendation,

for processing by the field officer concerned.

(i) No officer or employee designated to grant approvals of designations of home ports shall approve, nor shall any collector forward to the Bureau for review, any such designation unless it appears that the vessel will be documented as a vessel of the United States substantially simultaneously with the approval of the designation by any such officer or employee after any necessary review. When a designation has been approved and the vessel is not so documented, the approval granted shall be cancelled. The collector, in subsequently transmitting a copy of a new designation by the same owner for review or in forwarding a copy of a designation approved by him, shall indicate in his remarks the date of the previous approval and that it was cancelled because of failure to document the vessel.

(R. S. 4141, sec. 1, 43 Stat. 947, as amended; 46 U.S.C. 17, 18) [28 F.R. 14575, Dec. 31, 1963, as amended by T.D. 56232, 29 F.R. 11356, Aug. 6, 1964]

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

(a) Prior to the documentation or redocumentation of any vessel, except in case of redocumentation of a vessel at a port other than the home port upon change in trade or loss of marine document or when the renewal spaces are filled, there shall be filed an oath of ownership on customs Form 1258 if the vessel is owned by an individual, partnership, unincorporated company, association, or the United States; or on customs Form 1259 or 1260, whichever is applicable, if the vessel is owned by a corporation.

(b) If any such vessel falls within class 4, 5, 6, or 7 of § 3.2, there shall be inserted immediately after footnote 1 of customs Form 1258 or immediately after footnote 4 of customs Form 1259 the appropriate one of the following clauses: (1) For class 4On the day of captured in war by a citizen (or citizens) of the United States and lawfully condemned as prize by a decree, sentence, or judgment of the court of an authenticated copy of which I now produce.

(2) For class 5

19_-,

Adjudged to be forfeited, for a breach of the laws of the United States, by a decree,