tion issued thereunder, the owner or operator, either one or both of them, shall, in addition to any other penalty prescribed by law, be liable to a penalty of $100: Provided, That in the case of motorboats or vessels subject to the provisions of this Act carrying passengers for hire, a penalty of $200 shall be imposed on the owner or operator, either one or both of them, thereof for any violation of section 526e, 526f, or 526g of this title or of any regulations pertaining thereto. For any penalty incurred under this section the motorboat or vessel shall be held liable and may be proceeded against by way of libel in the district court of any district in which said motorboat or vessel may be found.

Regulations; remission or mitigation of fines

46 U.S.C. 526p

The Commandant of the Coast Guard shall establish all necessary regulations required to carry out in the most effective manner all of the provisions of this Act, and such regulations shall have the force of law. The Commandant of the Coast Guard or any officer of the Coast Guard authorized by the Commandant may, upon application therefor, remit or mitigate any fine, penalty, or forfeiture incurred under this Act or any regulation thereunder relating to motorboats or vessels, except the penalties provided for in section 526m of this title. The Commandant of the Coast Guard shall establish such regulations as may be necessary to secure the enforcement of the provisions of this Act by any officer of the United States authorized to enforce the navigation laws of the United States.

Application of other laws

46 U.S.C. 526q

The proviso contained in the last paragraph of section 223 of this title shall apply also with like force and effect to motorboats as defined in this Act.

Motorboats as defined in this Act are hereby exempted from the provisions of section 361 of this title.

Laws unaffected

46 U.S.C. 526r

Nothing in this Act shall be deemed to alter or amend section 367 or 391a of this title, or repeal Acts of Congress or treaties embodying or revising international rules for preventing collisions at sea. Application of subchapter; "State" defined

46 U.S.C. 526u

(a) This subchapter shall apply to every motorboat or vessel on the navigable waters of the United States, Guam, the Virgin Islands, the Commonwealth of Puerto Rico, and the District of Columbia, and every motorboat or vessel owned in a State and using the high

seas.

(b) As used in this subchapter

The term "State" means a State of the United States, Guam, the Virgin Islands, the Commonwealth of Puerto Rico, and the District of Columbia.

SUBCHAPTER 2B.-FEDERAL BOATING ACT OF 1958

Definitions (Federal Boating Act)

46 U.S.C. 527

As used in this subchapter

(1) the term "undocumented vessel" means any vessel which is not required to have, and does not have, a valid marine document issued by the Bureau of Customs.

(2) The word "vessel” includes every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

(3) The word "Secretary" means the Secretary of the Department in which the Coast Guard is operating.

(4) The word "owner" means the person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles him to possession.

(5) The term "State" means a State of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam and the District of Columbia.

Numbering of vessels

46 U.S.C. 527a

(a) Every undocumented vessel propelled by machinery of more than 10 horsepower, whether or not such machinery is the principal source of propulsion, using the navigable water of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam and the District of Columbia, and every such vessel owned in a State and using the high seas, shall be numbered in accordance with this subchapter, except

(1) foreign vessels temporarily using the navigable waters of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam and the District of Columbia;

(2) public vessels of the United States;

(3) State and municipal vessels;

(4) ships' lifeboats; and

5) vessels designated by the Secretary under section 527(b) of this title.

(b) The owner of an undocumented vessel required to be numbered under subsection (a) of this section shall secure a number for such vessel in the State in which it is principally used, in accordance with the State numbering system approved by the Secretary in accordance with subsection (c) of this section, or if no such numbering system has been approved by the Secretary for the State where such vessel is principally used, shall secure a number for such vessel in accordance with subsection (d) of this section.

(c) The Secretary shall establish an overall numbering system for the numbering of vessels required to be numbered under subsection (a) of this section. He shall approve any State system for numbering vessels which is submitted to him which meets the standards set forth below:

(1) The system of numbering shall be in accordance with the overall system of numbering established by the Secretary.

(2) The certificate of number and the number awarded shall be valid for a period not exceeding three years, unless canceled or surrendered, and may be renewed for additional periods.

(3) The number awarded shall be required to be painted on, or attached to, each side of the bow of the vessel for which it was issued, and shall be of such size, color, and type, as may be prescribed by the Secretary. No other number shall be permitted to be carried on the bow of such vessel.

(4) The certificate of number shall be pocket size and shall be required to be at all times available for inspection on the vessel for which issued, whenever such vessel is in use.

(5) The owner shall be required to furnish to a designated State official, notice of the transfer of all or any part of his interest in any numbered vessel, and of the destruction or abandonment of such vessel, within a reasonable time thereof. The owner shall be required to notify a designated State official of any change in his address within a reasonable time of such change.

(6) The State shall require that reports be made to it of accidents involving vessels numbered by it under its numbering system, and shall compile and transmit to the Secretary such statistics on such accidents.

(7) The State shall recognize the validity of a number awarded to any vessel by another State under a numbering system approved by the Secretary under this subchapter, or awarded a number by the Secretary, for a period of at least ninety days.

(8) In the case of a State having its numbering system approved after April 1, 1960, such State shall accept and recognize any valid certificate of number awarded under subsection (d) of this section for so long as such certificate would otherwise be valid under such subsection (d), except that where such a certificate would remain valid for more than one year after the date when such State's numbering system was approved, the State may accept and recognize the validity of such certificate for a lesser period, but such period shall not end sooner than one year from the date of approval of such system.

(9) The State may exempt any vessel or class of vessels from the numbering provisions of its system if such vessel or class of vessels has been made exempt from the numbering provisions of subsection (d) of this section by the Secretary under section 527 (b) of this title. (10) The States may charge fees in connection with the award of certificates of number and renewals thereof.

(11) The States may require that the operator of a vessel required to be numbered hereunder shall hold a valid safety certificate to be issued under such terms and conditions as may be provided by State law.

(d) The owner of an undocumented vessel required to be numbered under subsection (a) of this section who uses his vessel principally in a State which does not have a numbering system approved by the Secretary under subsection (c) of this section, shall make application to the Secretary, and upon payment of the fee established under section 527c of this title, such owner shall be granted a certificate of number containing the number awarded such vessel by the Secretary.

(e) The certificate of number initially awarded to an owner under subsection (d) of this section shall be valid for three years from the

date of the owner's birthday next occurring after the date the certificate of number is issued, unless surrendered or canceled pursuant to regulations of the Secretary. If at the end of such period such ownership has remain [sic] unchanged, such owner shall, upon application and payment of the fee established under section 527c of this title, be granted a renewal of such certificate of number for an additional three-year period.

(f) The number awarded under subsection (c) or (d) of this section shall be painted on, or attached to, each side of the bow of the vessel for which it was issued, and shall be of such size, color, and type as may be prescribed by the Secretary. No other number shall be carried on the bow of such vessel.

(g) The certificate of number granted under subsection (c) or (d) of this section shall be pocket size and shall be required to be at all times available for inspection on the vessel for which issued whenever such vessel is in use, and shall constitute a document in lieu of a marine document that sets forth an official number issued by the Bureau of Customs.

(h) Whenever the Secretary determines that a State is not administering its approved system for numbering vessels in accordance with the standards set forth under subsection (c) of this section, he may withdraw such approval. The Secretary shall not withdraw his approval of a State system of numbering until he has given notice in writing to the State setting forth specifically wherein the State has failed to maintain such standards.

Federal numbering system; notice of transfer of interest; destruction or abandonment of vessel, change of address 46 U.S.C. 527b

The owner of any vessel numbered under section 527a (d) of this title shall furnish to the Secretary notice of the transfer of all or any part of his interest in any numbered vessel, within a reasonable time thereof. The owner shall notify the Secretary of any change in his address within a reasonable time of such change.

Federal numbering system; fees

46 U.S.C. 527c

The Secretary may prescribe reasonable fees or charges for the numbering of a vessel, or renewal thereof, under subsections (d) and (e) of section 527a of this title.

Regulations; Federal numbering system exemptions 46 U.S.C. 527d

(a) The Secretary shall make such rules and regulations as may be necessary to carry out the provisions of this subchapter: Provided, That such rules and regulations shall be submitted to the Speaker of the House and the President of the Senate when Congress is in session, and shall not become effective until sixty days thereafter.

(b) The Secretary may, from time to time, and for such periods as he may prescribe exempt any vessel or class of vessels from the numbering provisions of subsection (d) of section 527a of this title.

Violations generally; penalties

46 U.S.C. 527e

(a) Whoever being the owner of a vessel required to be numbered under this subchapter, violates section 527a or 527b of this title, or regulations established by the Secretary under section 527d of this title, shall be liable to a penalty of $50 for each violation. Whoever operates a vessel in violation of section 527a of this title, or regulations established by the Secretary under section 527d of this title, shall be liable to a penalty of $50 for each violation.

(b) The Secretary may assess and collect any penalty incurred under this subchapter or any regulations prescribed pursuant to section 527d of this title. The Secretary may, in his discretion, remit or mitigate any penalty imposed under this section, or discontinue prosecution therefor on such terms as he may deem proper.

(c) Commissioned, warrant, and petty officers of the Coast Guard may board any vessel required to be numbered under this subchapter at any time such vessel is found upon the navigable waters of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam and the District of Columbia, or on the high seas, address inquiries to those on board, require appropriate proof of identification therefrom, examine the certificate of number issued under this subchapter, or in the absence of such certificate require appropriate proof of identification of the owner of the vessel, and, in addition, examine such vessel for compliance with this subchapter,1 subchapter II of this chapter, and the applicable rules of the road.

Declaration of policy

46 U.S.C. 527f

It is declared to be the policy of Congress to encourage uniformity of boating laws, rules, and regulations as among the several States and the Federal Government to the fullest extent practicable, subject to reasonable exceptions arising out of local conditions. In the interest of fostering the development, use, and enjoyment of all the waters of the United States it is further declared to be the policy of the Congress hereby to encourage the highest degree of reciprocity and comity among the several jurisdictions. The Secretary, acting under the authority of section 141 of title 14 shall to the greatest possible extent enter into agreements and other arrangements with the States to insure that there shall be the fullest possible cooperation in the enforcement of both State and Federal statutes, rules, and regulations relating to recreational boating.

Publication of findings; public inspection

46 U.S.C. 527g

The Secretary is authorized and directed to compile, analyze, and publish, either in summary or detailed form, the information obtained by him from the accident reports transmitted to him under section 527a (c) (6), and under section 5267 (c) of this title, together

1 In the original act these references were to the Federal Boating Act of 1958, the Motorboat Act of 1940, as amended, and the applicable rules of the road.