2014 US Code
Title 46 - Shipping (Sections 101 - 80509)
Subtitle II - Vessels and Seamen (Sections 2101 - 14702)
Part B - Inspection and Regulation of Vessels (Sections 3101 - 4705)
Chapter 43 - Recreational Vessels (Sections 4301 - 4311)
Sec. 4301 - Application
Publication Title | United States Code, 2012 Edition, Supplement 2, Title 46 - SHIPPING |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 46 - SHIPPING Subtitle II - Vessels and Seamen Part B - Inspection and Regulation of Vessels CHAPTER 43 - RECREATIONAL VESSELS Sec. 4301 - Application |
Contains | section 4301 |
Date | 2014 |
Laws In Effect As Of Date | January 5, 2015 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 529; Pub. L. 105-383, title III, §301(b)(4), Nov. 13, 1998, 112 Stat. 3417. |
Presidential Document Number | Proclamation 5928, Proclamation 5928 December 27, 1988 |
Statutes at Large References | 97 Stat. 529 112 Stat. 3417 |
Public and Private Laws | Public Law 98-89, Public Law 105-383 |
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(a) This chapter applies to a recreational vessel and associated equipment carried in the vessel on waters subject to the jurisdiction of the United States (including the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988) and, for a vessel owned in the United States, on the high seas.
(b) Except when expressly otherwise provided, this chapter does not apply to a foreign vessel temporarily operating on waters subject to the jurisdiction of the United States.
(c) Until there is a final judicial decision that they are navigable waters of the United States, the following waters lying entirely in New Hampshire are declared not to be waters subject to the jurisdiction of the United States within the meaning of this section: Lake Winnisquam, Lake Winnipesaukee, parts of the Merrimack River, and their tributary and connecting waters.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 529; Pub. L. 105–383, title III, §301(b)(4), Nov. 13, 1998, 112 Stat. 3417.)
Revised section | Source section (U.S. Code) |
---|---|
4301 | 46:1453 |
Section 4301 provides that this chapter is applicable to a recreational vessel that operates on waters subject to the jurisdiction of the United States or that is owned in the United States and while operating on the high seas.
It also provides that a foreign recreational vessel that temporarily uses our waters is not subject to the requirements of this chapter. However, if the vessel remains permanently in the United States, it would be subject to the provisions of this chapter.
Section 4301(c) recognizes the ongoing controversy over the navigability of certain waters of New Hampshire. While a recreational vessel operating on these waters need not meet the requirements of this chapter, it would be prohibited from operating on any other waters subject to the jurisdiction of the United States if it does not comply with these requirements.
REFERENCES IN TEXTPresidential Proclamation No. 5928, referred to in subsec. (a), is set out under section 1331 of Title 43, Public Lands.
AMENDMENTS1998—Subsec. (a). Pub. L. 105–383 inserted "(including the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988)" after "of the United States".
EFFECTIVE DATEChapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
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