are diplomatic transactions and are negotiated primarily between the respective foreign military attaché or other representatives of their embassy in Washington, DC, and the Office of the Chief of Naval Operations. Prices will be based on material cost only and estimates will not include packing, crating, and handling or transportation costs. Under reimbursable aid, transportation costs are borne by the purchasing country and shipments are usually accomplished on collect commercial bills of lading. § 1.26-25 Payment of charges. (a) The payment of charges shall be by postal money order or check payable to "U.S. Coast Guard,” and given or sent to the office of the Coast Guard performing the service or furnishing the supplies, equipment, etc. Subpart 1.30-Recreational Vessel Fees AUTHORITY: 46 U.S.C. 2110; 49 CFR 1.46. SOURCE: CGD 90-067, 56 FR 30252, July 1, 1991, unless otherwise noted. § 1.30-1 Applicability. (a) This subpart establishes annual fees for recreational vessels, effective in calendar years 1991, 1992, 1993, 1994 and 1995. (b) The fees established under this subpart do not apply to recreational vessels 16 feet in length and under, public vessels, and vessels deemed public vessels under 14 U.S.C. 827. (c) The fees established under this subpart apply to recreational vessels operated on: (1) Territorial Seas of the United States; (2) Internal navigable waters of the United States subject to tidal influence; (3) Internal navigable waters of the United States, not subject to tidal influence, from which, during most of the boating season, a 16 foot long powered vessel with a displacement-type hull can navigate to waters subject to tidal influence; and (4) Waters listed in paragraph (d) of this section. (d) The fees established under this subpart also apply to the following waters. (1) Colorado River, between Headgate Rock Dam and Davis Dam, including Lake Havasu and the Parker Strip (AZ, CA); (2) Lake of the Woods (MN); [CGD 90-067, 56 FR 30252, July 1, 1991; 56 FR 43701, Sept. 4, 1991] § 1.30-5 Exemptions. The owners or operators of the following recreational vessels are exempt from the vessel fees required by this subpart: (a) Foreign vessels temporarily operated on navigable waters of the United States less than 30 days in a calendar year, or under a current U.S. Customs Cruising Permit; (b) Rowboats, canoes, kayaks, racing shells, rowing sculls, racing kayaks, jonboats, rafts and other comparable recreational vessels propelled solely by oars, paddles, or poles; (c) Unpowered barges, houseboats, or floating buildings that are not selfpropelled and are normally used only while tied to a dock, moored or at anchor; (d) Vessel tenders or lifeboats for numbered or documented vessels which are used only for direct transportation between that vessel and the shore and for no other purpose; (e) Vessels owned or operated by volunteer fire departments, rescue squad units, or similar organizations, and used for public safety purposes; (f) Vessels owned or operated exclusively by the Boy Scouts of America, Sea Explorer Association, Girl Scouts of the United States of America, or Young Men's Christian Association of the United States of America, and used primarily for training youths in boating, seamanship, and navigation skills. § 1.30-7 Definitions. Documented vessel means a vessel documented under 46 U.S.C. chapter 121. Length means the straight line horizontal measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured from end to end over the deck excluding sheer, and measured parallel to the centerline. Bow sprits, bumpkins, rudders, outboard motor brackets, handles, and other similar fittings, attachments, and extensions are not included in the measurement. Operator means the person who is in control or in charge of a vessel while it is in use. Owner means a person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles the person to such possession. Public vessel means a vessel that is owned, or demise chartered, and operated by the United States Government or a government of a foreign country, or state or local government. Racing shell, rowing scull, and racing kayak means a manually propelled vessel that is recognized by a national or international racing association for use in competitive racing and one in which all occupants row, scull, or paddle, with the exception of a coxswain, if one is provided, and is not designed to carry and does not carry any equipment not solely for competitive racing. a vessel Recreation vessel means being manufactured or operated primarily for pleasure; or leased, rented, or chartered to another for the latter's pleasure. Sailboard means a sail propelled watercraft resembling a surfboard on which the operator must manually support the mast in order to maneuver the watercraft. Use means operate, navigate, or employ. Vessel includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, except sailboards and seaplanes. Vessel tender A vessel equipped with propulsion machinery of less than 10 horsepower that: (a) Is owned by the owner of: (1) A documented vessel; or (2) A vessel for which a valid certificate of number has been issued and displays the number of that numbered vessel followed by the suffix “1” in the manner prescribed in § 173.27 (Example: DC 5678 EF 1 or DC-5678-EF-1); and (b) Is used for direct transportation between that vessel and the shore and for no other purpose. Vessel deemed a public vessel means a vessel accepted by the Coast Guard, under the provisions in part 5 of this chapter, as an Auxiliary Operational Facility and bearing a current Auxiliary Operational Facility decal and wreath. § 1.30-10 Fee amounts. The recreational vessel fees for the categories of vessel length are as follows: (a) Vessels greater than 16 feet in length but less than 20 feet-$25; (b) Vessels at least 20 feet in length but less than 27 feet-$35; (c) Vessels at least 27 feet in length but less than 40 feet-$50; and (d) Vessels length-$100. at least 40 feet in § 1.30-15 Evidence of fee payment. (a) The owner or operator of each vessel subject to this subpart must pay the prescribed fee annually, as provided for in § 1.30-20 of this subpart, to obtain a decal set in evidence of fee payment. (b) The decals must be securely attached to each side of the forward half of the vessel within 6 inches of either the location of a vessel number issued under part 173 or 174 of this chapter, or, for vessels not issued a vessel number, where the number would be located, if issued. (c) The decals are valid during the calendar year for which they are issued. § 1.30-20 Fee payment procedures. The owner or operator of each vessel subject to this fee must pay the prescribed fee annually by one of the following options: (a) Write-in. Payment may be made by check, money order, or Visa or Master Card credit card when submitting a completed decal request form, providing necessary information on the number and type(s) of decals re quested, and a mailing address, to U.S. RVF, P.O. Box 740169, Atlanta, Georgia 30321-0169. Credit card payments must also include the type of credit card and accounting information indicated on the decal request form. The distributor will mail the decal(s) on receiving payment or after verifying the credit card account. (b) Phone-in. Payment may be made by Visa or Master Card credit card. Owners or operators may call the recreational vessel fee (RVF) toll-free number at 800-848-2100, and provide information on the number and type(s) of decals, credit card account number and mailing address. The distributor will mail the decal(s) after verifying the credit card account. (c) Walk-in. Payment may be made by cash, check, or money order at any participating retail outlet. The retail outlet will issue the requested decal(s) upon payment of the fee amount. § 1.30-25 Availability of RVF decal request forms. The decal request forms needed for the write-in payment method, described in § 1.30-20 of this subpart, are available at all manned Coast Guard shore units, except light and loran stations, or may be obtained by calling the toll free Boating Safety Hotline at 800-368-5647. § 1.30-30 Vessels owned by non-profit charitable organizations, fee exemption procedures. A non-profit charitable organization may request an exemption for its vessels that are used for teaching youths boating, seamanship, and navigation skills by: (a) Submitting a written request to the U.S. Coast Guard Auxiliary, Boating, and Consumer Affairs Division, 2100 Second Street SW., Washington, DC 20593-0001; (b) Providing evidence of its status as a non-profit, charitable organization; and (c) Certifying that the vessels are owned or operated exclusively by the organization and are primarily used for teaching youths boating, seamanship, and navigation skills. § 1.30-35 Fee exemption decals request procedures. An organization listed in § 1.30-5(f) or obtaining an exemption under § 1.30-30 may obtain fee exemption decals for its vessels by: (a) Submitting a written request to the U.S. Coast Guard Auxiliary, Boating, and Consumer Affairs Division, 2100 Second Street SW., Washington, DC 20593-0001; and (b) Providing the following information: (1) For documented vessels: the official name of each vessel, name(s) of owner(s), types of endorsements, and official number on the Coast Guard certificate of documentation; (2) For registered vessels: a copy of each vessel's certificate of registration, showing the vessel's owner and vessel number; (3) For undocumented and unnumbered vessels: a copy of each vessel's certificate of title or statement of origin, showing the vessel's owner and hull identification number. (a) A person who violates this subpart by failing to pay a fee or charge established under this subpart is liable to the United States Government for a civil penalty of not more than $5,000 for each violation. (b) The Coast Guard may assess additional charges to a vessel owner or operator to recover collection and enforcement costs associated with delinquent payments of the annual fee. (c) Penalties and charges will be assessed and collected under the provisions of subpart 1.07 of this chapter. 'It should be noted that under 14 U.S.C. 89 the Coast Guard is authorized to enforce the laws of the United States upon the "high seas" and waters over which the United States has jurisdiction. Certain of the criminal laws of the United States are based on its special maritime and territorial jurisdiction, one of whose components is the "high seas", as defined in paragraph (b). However, this definition of "high seas" does not apply to the use of "high seas" found in 14 U.S.C. 89, to which the definition in paragraph (a) applies. A clear distinction should be maintained between the Coast Guard's authority under 14 U.S.C. 89 and the jurisdictional base of the criminal laws which apply to the special maritime and territorial jurisdiction. For example, while assault (18 (b) High seas, as used in 18 U.S.C. 7(1), means the Great Lakes and waters seaward of the low water line along the coast, except waters within harbors or narrow coastal indentations enclosed by promontories.1 (c) High seas, as used in section 2 of the Act of February 19, 1895, as amended, 33 U.S.C. 151, and all laws referring thereto, means the waters seaward of the lines described in part 82 of this chapter. § 2.05-5 Territorial seas. (a) With respect to the United States, territorial seas means the waters within the belt, 3 nautical miles wide, that is adjacent to its coast and seaward of the territorial sea baseline. (b) With respect to any foreign country, territorial seas means the waters within the belt that is adjacent to its coast and whose breadth and baseline are recognized by the United States. § 2.05-10 Territorial sea baseline. Territorial Sea Baseline means the delimitation of the shoreward extent of the territorial seas of the United States drawn in accordance with principles, as recognized by the United States, of the Convention on the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606. Charts depicting the territorial sea baseline are available for examination in accordance with § 1.10-5(b) of this chapter. § 2.05-15 Contiguous zone. Contiguous zone means the belt of high seas, 9 nautical miles wide, that is adjacent to and seaward of the territorial seas of the United States and that was declared to exist in Department of State Public Notice 358 of June 1, 1972, 37 FR 11906. U.S.C. 113) committed seaward of the territorial sea could be committed on the "high seas" for both purposes, an assault committed within the territorial sea could be committed on the "high seas" to bring it within the special maritime and territorial jurisdiction and at the same time be committed on waters over which the United States has jurisdiction (not the "high seas") for purposes of the Coast Guard's authority to undertake enforcement action. § 2.05-20 Internal waters and inland waters. (a) Internal waters and, except as provided in paragraph (b) of this section, inland waters mean: (1) With respect to the United States, the waters shoreward of the territorial sea baseline. (2) With respect to any foreign country, the waters shoreward of the baseline of its territorial sea, as recognized by the United States. (b) Inland waters, as used in 33 U.S.C. Chapter 3, means the waters shoreward of the lines described in part 82 of this chapter, except the Great Lakes and their connecting and tributary waters as far east as Montreal, the waters of the Mississippi River between its source and the Huey P. Long Bridge and all of its tributaries emptying thereinto and their tributaries, that part of the Atchafalaya River above its junction with the Plaquemine-Morgan City alternate waterway, and the Red River of the North. § 2.05-25 Navigable waters of the United States; Navigable Waters; Territorial Waters.2 (a) Except as provided in paragraph (b) of this section, navigable waters of the United States, navigable waters, and territorial waters mean, except where Congress has designated them not to be navigable waters of the United States: (1) Territorial seas of the United States; (2) Internal waters of the United States that are subject to tidal influence; and (3) Internal waters of the United States not subject to tidal influence that: (i) Are or have been used, or are or have been susceptible for use, by themselves or in connection with other waters, as highways for substan "In various laws administered and enforced by the Coast Guard, the terms "State" and "United States" are defined to include some or all of the territories and possessions of the United States. The definitions in §§ 2.05-25 and 2.05-30 should be considered as supplementary to these statutory definitions and not as interpretive of them. tial interstate or foreign commerce, notwithstanding natural or man-made obstructions that require portage, or (ii) A governmental or non-governmental body, having expertise in waterway improvement, determines to be capable of improvement at a reasonable cost (a favorable balance between cost and need) to provide, by themselves or in connection with other waters, highways for substantial interstate or foreign commerce. (b) Navigable waters of the United States and navigable waters, as used in sections 311 and 312 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1321 and 1322, mean: (1) Navigable waters of the United States as defined in paragraph (a) of this section and all waters within the United States tributary thereto; and (2) Other waters over which the Federal Government may exercise Constitutional authority. § 2.05-27 Waters subject to tidal influence; waters subject to the ebb and flow of the tide; mean high water. Waters subject to tidal influence and waters subject to the ebb and flow of waters the tide are interpreted as below mean high water. "Mean high water" is the average of the height of the diurnal high water at a particular location measured over a lunar cycle period of 19 years. These terms do not include waters above mean high water caused by flood flows, storms, high winds, seismic waves, or other nonlunar phenomena. (Secs. 107, 108, Pub. L. 97-322, 96 Stat. 1582 (33 U.S.C. 495, 499, 502, 525, 533); 49 CFR 1.46(c)) [CGD 82-102, 47 FR 54299, Dec. 2, 1982] § 2.05-30 Waters subject to the jurisdiction of the United States; waters over which the United States has jurisdiction.2 Waters subject to the jurisdiction of the United States and waters over which the United States has jurisdiction mean: (a) Navigable waters of the United States; 2 See footnote 2 to § 2.05-25. |