USCG Documentation With a Fishery Endorsement
If your vessel measures at least five net tons, is wholly-owned by an American citizen, and you plan on commercially fishing on the navigable waters of the United States or the EEZ, then you should document your vessel with the Coast Guard.
When you complete that form, you should choose the endorsement “Fishery.”
Use the following link for initial USCG documentation.
If you have already registered your vessel and wish to change your endorsement, use the following link for Change of Endorsement/Trade Indicator.
For More About CG Documentation
The Vessel Registrar Center makes it easier for vessel owners to document their vessel, to renew that documentation, and to reinstate it if necessary, among many other services.
The following laws may pertain to your situation:
Subpart B—Forms of Documentation; Endorsements; Eligibility of Vessel
- 67.15 Form of document—all endorsements.
(a) The form of document is a Certificate of Documentation, form CG–1270.
(b) Upon application in accordance with subpart K of this part and determination of qualification by the Director, National Vessel Documentation Center, a Certificate of Documentation may be issued with a registry, coastwise, fishery, or recreational endorsement.
(c) A Certificate of Documentation may bear simultaneous endorsements for recreation and more than one trade, including operation under 46 CFR part 68.
Note:
Where a vessel possesses a Certificate of Documentation bearing more than one endorsement, the actual use of the vessel determines the endorsement under which it is operating.
- 67.17 Registry endorsement.
(a) A registry endorsement entitles a vessel to employment in the foreign trade; trade with Guam, American Samoa, Wake, Midway, or Kingman Reef; and any other employment for which a coastwise, or fishery endorsement is not required.
(b) Any vessel eligible for documentation under § 67.5 is eligible for a registry endorsement.
- 67.19 Coastwise endorsement.
(a) A coastwise endorsement entitles a vessel to employment in unrestricted coastwise trade, dredging, towing, and any other employment for which a registry or fishery endorsement is not required.
(b) If eligible for documentation and not restricted from coastwise trade by paragraph (c) or (d) of this section, the following vessels are eligible for a coastwise endorsement:
(1) Vessels built in the United States (§ 67.97);
(2) Forfeited vessels (§ 67.131);
(3) Vessels granted coastwise trading privileges by special legislation (§ 67.132);
(4) Wrecked vessels (§ 67.133);
(5) Captured vessels (§ 67.134); and
(6) Vessels purchased, chartered, or leased from the Secretary of Transportation by persons who are citizens of the United States (46 U.S.C. 57109).
(c) A vessel otherwise eligible for a coastwise endorsement under paragraph (b) of this section permanently loses that eligibility if:
(1) It is thereafter sold in whole or in part to an owner:
(i) Not a citizen as defined in subpart C of this part, or
(ii) Not a person permitted to document vessels pursuant to 46 CFR part 68;
(2) It is thereafter registered under the laws of a foreign country;
(3) It undergoes rebuilding as defined in § 67.177 outside of the United States; or
(4) It is a crude oil tanker of 20,000 deadweight tons or above, and after October 17, 1978, has segregated ballast tanks, a crude oil washing system, or an inert gas system installed outside of the United States as defined in § 67.3.
(d) A vessel otherwise eligible for a coastwise endorsement under paragraph (b) of this section loses that eligibility during any period in which it is:
(1) Owned by a corporation which does not meet the citizenship requirements of § 67.39(c);
(2) Owned by a partnership which does not meet the citizenship requirements of § 67.35(c); or
(3) Mortgaged to a person not identified in § 67.233(b).
- 67.21 Fishery endorsement.
(a) A fishery endorsement entitles a vessel to employment in the fisheries as defined in § 67.3, subject to Federal and State laws regulating the fisheries, and in any other employment for which a registry or coastwise endorsement is not required. A fishery endorsement entitles a vessel to land its catch, wherever caught, in the United States.
(b) If eligible for documentation and not restricted from the fisheries by paragraph (c) of this section, the following vessels are eligible for a fishery endorsement:
(1) Vessels built in the United States (§ 67.97);
(2) Forfeited vessels (§ 67.131);
(3) Vessels granted fisheries privileges by special legislation(§ 67.132);
(4) Wrecked vessels (§ 67.133); and
(5) Captured vessels (§ 67.134).
(c) A vessel otherwise eligible for a fishery endorsement under paragraph (b) of this section permanently loses that eligibility if it undergoes rebuilding as defined in § 67.177 outside of the United States.
(d) A vessel otherwise eligible for a fishery endorsement under paragraph (b) of this section loses that eligibility during any period in which it is:
(1) Owned by a partnership which does not meet the requisite citizenship requirements of § 67.35(b);
(2) Owned by a corporation which does not meet the citizenship requirements of § 67.39(b); or
(3) Chartered or leased to an individual who is not a citizen of the United States or to an entity that is not eligible to own a vessel with a fishery endorsement, except that time charters, voyage charters and other charters that are not a demise of the vessel may be entered into with Non-Citizens for the charter of dedicated Fish Tender Vessels and Fish Processing Vessels that are not engaged in the harvesting of fish or fishery resources without the vessel losing its eligibility for a fishery endorsement.
(e) A vessel operating with a fishery endorsement on October 1, 1998, under the authority of the Western Pacific Fishery Management Council, or a purse seine vessel engaged in tuna fishing outside of the EEZ of the United States or pursuant to the South Pacific Regional Fisheries Treaty may continue to operate as set out in 46 U.S.C. 12113(c)(3), provided that the owner of the vessel continues to comply with the fishery endorsement requirements that were in effect on October 1, 1998.
(f) An individual or entity that is otherwise eligible to own a vessel with a fishery endorsement shall be ineligible if an instrument or evidence of indebtedness, secured by a mortgage of the vessel, to a trustee eligible to own a vessel with a fishery endorsement is issued, assigned, transferred, or held in trust for a person not eligible to own a vessel with a fishery endorsement, unless the Commandant determines that the issuance, assignment, transfer, or trust arrangement does not result in an impermissible transfer of control of the vessel and that the trustee:
(1) Is organized as a corporation that meets § 67.39(b) of this part, and is doing business under the laws of the United States or of a State;
(2) Is authorized under those laws to exercise corporate trust powers which meet § 67.36(b) of this part;
(3) Is subject to supervision or examination by an official of the United States Government or a State;
(4) Has a combined capital and surplus (as stated in its most recent published report of condition) of at least $3,000,000; and
(5) Meets any other requirements prescribed by the Commandant.
For vessels greater than or equal to 100 feet in length, approval of such an arrangement from the Maritime Administration will be accepted as evidence that the above conditions are met and will be approved by the Commandant. For vessels less than 100 feet, a standard loan and mortgage agreement that has received general approval under 46 CFR 356.21 will be accepted as evidence that the above conditions are met and will be approved by the Commandant.
- 67.23 Recreational endorsement.
(a) A recreational endorsement entitles a vessel to pleasure use only.
(b) Any vessel eligible for documentation under § 67.5 is eligible for a recreational endorsement.
Note:
A vessel having a Certificate of Documentation endorsed only for recreation may be bareboat chartered only for recreational use. Guidance on the elements of a valid bareboat charter should be obtained through private legal counsel.
- 67.5 Vessels eligible for documentation.
Any vessel of at least five net tons wholly owned by a citizen or citizens of the United States is eligible for documentation under this part. This includes, but is not limited to, vessels used exclusively for recreational purposes and vessels used in foreign trade.
- 67.7 Vessels requiring documentation.
Any vessel of at least five net tons which engages in the fisheries on the navigable waters of the United States or in the Exclusive Economic Zone, or coastwise trade, unless exempt under § 67.9(c), must have a Certificate of Documentation bearing a valid endorsement appropriate for the activity in which engaged.
Subpart C—Citizenship Requirements for Vessel Documentation
- 67.30 Requirement for citizen owner.
Certificates of Documentation may be issued under this part only to vessels which are wholly owned by United States citizens. Pursuant to extraordinary legislation at 46 U.S.C. 12118 (Bowater Amendment) and 46 U.S.C. 12117 (Oil Pollution Act of 1990), Certificates of Documentation with limited endorsements may be issued in accordance with part 68 of this chapter to vessels owned by certain persons who are not citizens as defined in this part.
- 67.31 Stock or equity interest requirements.
(a) The stock or equity interest requirements for citizenship under this subpart encompass: title to all classes of stock; title to voting stock; and ownership of equity. An otherwise qualifying corporation or partnership may fail to meet stock or equity interest requirements because: Stock is subject to trust or fiduciary obligations in favor of non-citizens; non-citizens exercise, directly or indirectly, voting power; or non-citizens, by any means, exercise control over the entity. The applicable stock or equity interest requirement is not met if the amount of stock subject to obligations in favor of non-citizens, non-citizen voting power, or non-citizen control exceeds the percentage of the non-citizen interest permitted.
(b) For the purpose of stock or equity interest requirements for citizenship under this subpart, control of non-fishing industry vessels includes an absolute right to: Direct corporate or partnership business; limit the actions of or replace the chief executive officer, a majority of the board of directors, or any general partner; direct the transfer or operations of any vessel owned by the corporation or partnership; or otherwise exercise authority over the business of the corporation or partnership. Control does not include the right to simply participate in these activities or the right to receive a financial return, e.g., interest or the equivalent of interest on a loan or other financing obligations.
(c) For the purpose of this section, control of a fishing industry vessel means having:
(1) The right to direct the business of the entity that owns the vessel;
(2) The right to limit the actions of or to replace the chief executive officer, the majority of the board of directors, any general partner, or any person serving in a management capacity of the entity that owns the vessel;
(3) The right to direct the transfer, the operation, or the manning of a vessel with a fishery endorsement.
(d) For purposes of meeting the stock or equity interest requirements for citizenship under this subpart where title to a vessel is held by an entity comprised, in whole or in part, of other entities which are not individuals, each entity contributing to the stock or equity interest qualifications of the entity holding title must be a citizen eligible to document vessels in its own right with the trade endorsement sought.
- 67.33 Individual.
An individual is a citizen if native-born, naturalized, or a derivative citizen of the United States, or otherwise qualifies as a United States citizen.
- 67.35 Partnership.
A partnership meets citizenship requirements if all its general partners are citizens, and:
(a) For the purpose of obtaining a registry or recreational endorsement, at least 50 percent of the equity interest in the partnership is owned by citizens.
(b) For the purpose of obtaining a fishery endorsement, at least 75 percent of the equity interest in the partnership, at each tier of the partnership and in the aggregate, is owned by citizens.
(c) For the purpose of obtaining a coastwise endorsement at least 75 percent of the equity interest in the partnership is owned by citizens or the vessel qualifies under § 68.60 or § 68.105 of this chapter.
- 67.36 Trust.
(a) For the purpose of obtaining a registry or recreational endorsement, a trust arrangement meets citizenship requirements if:
(1) Each of its trustees is a citizen; and
(2) Each beneficiary with an enforceable interest in the trust is a citizen.
(b) For the purpose of obtaining a fishery endorsement, a trust arrangement meets citizenship requirements if:
(1) It meets all the requirements of paragraph (a) of this section; and
(2) At least 75 percent of the equity interest in the trust, at each tier of the trust and in the aggregate, is owned by citizens.
(c) For the purpose of obtaining a coastwise endorsement a trust arrangement meets citizenship requirements if:
(1) It meets the requirements of paragraph (a) of this section and at least 75 percent of the equity interest in the trust is owned by citizens; or
(2) It meets the requirements of § 68.60 or § 68.105 of this chapter.