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CROSS REFERENCES

Licensing vessels for carrying on the coasting trade or fisheries, see section 251 et seq. of this title.

Waiver of compliance with navigation and vessel inspection laws for defense purposes, see note preceding former section 1 of this title.

§ 532. Penalty for violating agreement.

If any fisherman, having engaged himself for a voyage or for the fishing season in any fishing vessel and signed an agreement therefor, thereafter and while such agreement remains in force and to be performed deserts or absents himself from such vessel without leave of the master thereof, or of the owner or his agent, such deserter shall be liable to the same penalties as deserting seamen are subject to in the merchant service, and may in the like manner, and upon the like complaint and proof, be apprehended and detained; and all costs of process and commitment, if paid by the master or owner, shall be deducted out of the share of fish or proceeds of any fishing voyage to which such deserter had or shall become entitled. Every fisherman, having so engaged himself, who during such fishing voyage refuses or neglects his proper duty on board the fishing vessel, being thereto ordered or required by the master thereof, or otherwise resists his just commands to the hinderance or detriment of such voyage, besides being answerable for all damages arising thereby, shall forfeit to the use of the owner of such vessel his share of any public allowance which may be paid upon such voyage. (R. S. § 4392.)

DERIVATION

Act June 19, 1813, ch. 2, § 1, 3 Stat. 2.

CROSS REFERENCES

Penalty for desertion by seamen in merchant service, see sections 576 and 701 of this title.

§ 533. Recovery of shares of fish under agreement. Whenever an agreement or contract is so made and signed for a fishing voyage or for the fishing season, and any fish caught on board such vessel during the same are delivered to the owner or to his agent, for cure, and sold by such owner or agent, such vessel shall, for the term of six months after such sale, be liable for the master's and every other fisherman's share of such fish, and may be proceeded

against in the same form and to the same effect as any other vessel is by law liable, and may be proceeded against for the wages of seamen or mariners in the merchant service. Upon such proceeding for the value of a share or shares of the proceeds of fish so delivered and sold it shall be incumbent on the owner or his agent to produce a just account of the sales and division of such fish according to such agreement or contract; otherwise the vessel shall be answerable upon such proceeding for what may be the highest value of the shares demanded. But in all cases the owner of such vessel or his agent, appearing to answer in such proceeding, may offer thereupon his account of general supplies made for such fishing voyage and of other supplies therefor made to either of the demandants, and shall be allowed to produce evidence thereof in answer to their demands respectively; and judgment shall be rendered upon such proceeding for the respective balances which upon such an inquiry shall appear. (R. S. § 4393.)

DERIVATION

Act June 19, 1813, ch. 2, § 2, 3 Stat. 2.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 534 of this title.

§ 534. Discharge of vessel on bond by owner.

When process shall be issued against any vessel so liable, if the owner thereof or his agent will give bond to each fisherman in whose favor such process shall be instituted, with sufficient security, to the satisfaction of two justices of the peace, of whom one shall be named by such owner or agent, and the other by the fisherman or fishermen pursuing such process, or if either party shall refuse, then the justice first appointed shall name his associate, with condition to answer and pay whatever sum shall be recovered by him or them on such process, there shall be an immediate discharge of such vessel. Nothing in this section or section 533 of this title shall prevent any fisherman from having his action at common law for his share or shares of fish or the proceeds thereof. (R. S. § 4394.) DERIVATION

Act June 19, 1813, ch. 2, § 2, 3 Stat. 2.

4. Registration of Vessels 46 U.S.C. 11

§ 11. Vessels entitled to registry; coastwise trade; ocean mail service contracts.

Vessels built within the United States and belonging wholly to citizens thereof; and vessels which may be captured in war by citizens of the United States and lawfully condemned as prize, or which may be adjudged to be forfeited for a breach of the laws of the United States; and seagoing vessels, whether steam or sail, which have been certified by the Coast Guard as safe to carry dry and perishable cargo, wherever built, which are to engage only in trade with foreign countries, with the Islands of Guam, Tutuila, Wake, Midway, and Kingman Reef,

being wholly owned by citizens of the United States and no others or corporations organized and chartered under the laws of the United States, or of any State thereof, of which the President or other chief executive officer and the chairman of the board of directors shall be citizens of the United States and no more of its directors than a minority of the number necessary to constitute a quorum shall be noncitizens, may be registered as directed in this chapter and chapters 3, 4, 5, 6, 7, 8, and 9 of this title. Foreign-built vessels registered pursuant to this section shall not engage in the coastwise trade: Provided,

That such vessels so admitted under the provisions of this section may contract with the Postmaster General under act March 3, 1891, ch. 519, 26 Stat. 830, so long as such vessels shall in all respects comply with the provisions and requirements of said sections. (R.S. § 4132; Aug. 24, 1912, ch. 390, § 5, 37 Stat. 562; Aug. 18, 1914, ch. 256, § 1, 38 Stat. 698; Sept. 21, 1922, ch. 356, § 321, 42 Stat. 947; June 30, 1932, ch. 314, § 501, 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; May 24, 1938, ch. 265, 52 Stat. 437; 1946 Proc. No. 2695, July 4, 1946, 11 F. R. 7517, 60 Stat. 1352; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Sept. 21, 1959, Pub.L. 86-327, § 1, 73 Stat. 597.)

DERIVATION

Act Dec. 31, 1792, ch. 1, § 2, 1 Stat. 288.

REFERENCES IN TEXT

In the original, "this chapter and chapters 3, 4, 5, 6, 7. 8, and 9" reads "this title," meaning title XLVIII of the Revised Statutes. For distribution of the title (R.S. §§ 4131-4305) in this Code, see Tables.

Act Mar. 3, 1891, referred to in last proviso of this section, was repealed by act May 22, 1928, ch. 675, § 414 (c), 45 Stat. 696.

CODIFICATION

Reference to the Philippine Islands preceding the Islands of Guam, etc., was omitted on the authority of 1946 Proc. No. 2695, which proclaimed the independence of the Philippines under the authority of section 1394 of Title 22, Foreign Relations and Intercourse, and under which section 1946 Proc. No. 2695 is set out as a note. R.S. § 4132 was amended by act Aug. 24, 1912, which inserted provisions relating to registering seagoing vessels wherever built engaged in trade with foreign countries and specified islands and being wholly owned by United States citizens or corporations and added provision prohibiting foreign-built vessels engaging in coastwise trade.

Act Aug. 18, 1914, amended R.S. § 4132, by omitting the words "not more than five years old at the time they apply for registry," following the words "have been certified by the Steamboat-Inspection Service as safe to carry dry and perishable cargo."

Act Sept. 21, 1922, repealed a provision of R.S. § 4132 as amended, which related to the free admission of materials for the construction or repair of vessels and the building or repair of their machinery, and articles for their outfit and equipment. A portion of the original text omitted here provided that a foreign built yacht, pleasure boat, or vessel not used or intended to be used for trade admitted to American registry pursuant to this section should not be exempt from the collection of ad valorem duty provided in act Aug. 5, 1909, ch. 6, § 37, 36

Stat. 112. The section referred to was repealed by act Oct. 3, 1913, ch. 16, § IV, S, 38 Stat. 201.

AMENDMENTS

1959-Pub. L. 86-327 redefined citizenship qualification for corporations by substituting requirement that the president or other chief executive officer and the chairman of the board of directors be United States citizens and that no more of the directors than a minority of the number necessary to constitute a quorum be noncitizens for requirement that the president and managing directors be United States citizens.

1938-Act May 24, 1938 in first sentence, added reference to Wake, Midway, and Kingman Reef.

TRANSFER OF FUNCTIONS

The Coast Guard was transferred to the Department of Transportation and all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655(b) of Title 49, Transportation. All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. The Plan excepted from the transfer the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard. "Steamboat-Inspection Service" was changed to "Bureau of Navigation and Steamboat Inspection", and then to "Bureau of Marine Inspection and Navigation" by acts June 30, 1932 and May 27, 1936. See note under former section 1 of this title.

"Coast Guard” was substituted for "Bureau of Marine Inspection and Navigation" on authority of 1946 Reorg. Plan No. 3. See note under former section 1 of this title. CROSS REFERENCES

Foreign-built vessels admitted to American registry, suspension of provisions as to survey, inspection, and measurement, see section 82 of this title.

Registration, enrollment, and licensing of vessels purchased, chartered, or leased; regulations; coastwise trade, see section 808 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 12, 82 of this title.

5. Licensing of Fishing Vessels 46 U.S.C. 262-263, 319, 323-325

§ 262. License; oath not to defraud revenue; oath as to citizenship.

No licensed vessel shall be employed in any trade whereby the revenue laws of the United States shall be defrauded. The master of every such vessel shall swear that he is a citizen of the United States, and that such license shall not be used for any other vessel or any other employment than that for which it was specially granted, or in any trade or business whereby the revenue of the United States may be defrauded; and if such vessel be less than twenty tons burden, the husband or managing owner shall swear that she is wholly the property of citizens of

the United States; whereupon it shall be the duty of the collector of the district comprehending the port whereto such vessel may belong to grant a license. (R. S. § 4320; Feb. 27, 1877, ch. 69, § 1, 19 Stat. 251; Jan. 16, 1895, ch. 24, § 3, 28 Stat. 625.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 4, 1 Stat. 306.

CODIFICATION

R.S. § 4320, as originally enacted, was as follows: "In order to the licensing of any vessel for carrying on the coasting-trade or fisheries, the husband, or managing owner, together with the master thereof, with one or more sureties to the satisfaction of the collector granting the same, shall become bound to pay to the United

CROSS REFERENCES

Licensing vessels for carrying on the coasting trade or fisheries, see section 251 et seq. of this title.

Waiver of compliance with navigation and vessel inspection laws for defense purposes, see note preceding former section 1 of this title.

§ 532. Penalty for violating agreement.

If any fisherman, having engaged himself for a voyage or for the fishing season in any fishing vessel and signed an agreement therefor, thereafter and while such agreement remains in force and to be performed deserts or absents himself from such vessel without leave of the master thereof, or of the owner or his agent, such deserter shall be liable to the same penalties as deserting seamen are subject to in the merchant service, and may in the like manner, and upon the like complaint and proof, be apprehended and detained; and all costs of process and commitment, if paid by the master or owner, shall be deducted out of the share of fish or proceeds of any fishing voyage to which such deserter had or shall become entitled. Every fisherman, having so engaged himself, who during such fishing voyage refuses or neglects his proper duty on board the fishing vessel, being thereto ordered or required by the master thereof, or otherwise resists his just commands to the hinderance or detriment of such voyage, besides being answerable for all damages arising thereby, shall forfeit to the use of the owner of such vessel his share of any public allowance which may be paid upon such voyage. (R. S. § 4392.)

DERIVATION

Act June 19, 1813, ch. 2, § 1, 3 Stat. 2.

CROSS REFERENCES

Penalty for desertion by seamen in merchant service, see sections 576 and 701 of this title.

§ 533. Recovery of shares of fish under agreement. Whenever an agreement or contract is so made and signed for a fishing voyage or for the fishing season, and any fish caught on board such vessel during the same are delivered to the owner or to his agent, for cure, and sold by such owner or agent, such vessel shall, for the term of six months after such sale, be liable for the master's and every other fisherman's share of such fish, and may be proceeded

against in the same form and to the same effect as any other vessel is by law liable, and may be proceeded against for the wages of seamen or mariners in the merchant service. Upon such proceeding for the value of a share or shares of the proceeds of fish so delivered and sold it shall be incumbent on the owner or his agent to produce a just account of the sales and division of such fish according to such agreement or contract; otherwise the vessel shall be answerable upon such proceeding for what may be the highest value of the shares demanded. But in all cases the owner of such vessel or his agent, appearing to answer in such proceeding, may offer thereupon his account of general supplies made for such fishing voyage and of other supplies therefor made to either of the demandants, and shall be allowed to produce evidence thereof in answer to their demands respectively; and judgment shall be rendered upon such proceeding for the respective balances which upon such an inquiry shall appear. (R. S. § 4393.)

DERIVATION

Act June 19, 1813, ch. 2. § 2, 3 Stat. 2.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 534 of this title. § 534. Discharge of vessel on bond by owner.

When process shall be issued against any vessel so liable, if the owner thereof or his agent will give bond to each fisherman in whose favor such process shall be instituted, with sufficient security, to the satisfaction of two justices of the peace, of whom one shall be named by such owner or agent, and the other by the fisherman or fishermen pursuing such process, or if either party shall refuse, then the justice first appointed shall name his associate, with condition to answer and pay whatever sum shall be recovered by him or them on such process, there shall be an immediate discharge of such vessel. Nothing in this section or section 533 of this title shall prevent any fisherman from having his action at common law for his share or shares of fish or the proceeds thereof. (R. S. § 4394.) DERIVATION

Act June 19, 1813, ch. 2, § 2, 3 Stat. 2.

4. Registration of Vessels 46 U.S.C. 11

§ 11. Vessels entitled to registry; coastwise trade; ocean mail service contracts.

Vessels built within the United States and belonging wholly to citizens thereof; and vessels which may be captured in war by citizens of the United States and lawfully condemned as prize, or which may be adjudged to be forfeited for a breach of the laws of the United States; and seagoing vessels, whether steam or sail, which have been certified by the Coast Guard as safe to carry dry and perishable cargo, wherever built, which are to engage only in trade with foreign countries, with the Islands of Guam, Tutuila, Wake, Midway, and Kingman Reef,

being wholly owned by citizens of the United States and no others or corporations organized and chartered under the laws of the United States, or of any State thereof, of which the President or other chief executive officer and the chairman of the board of directors shall be citizens of the United States and no more of its directors than a minority of the number necessary to constitute a quorum shall be noncitizens, may be registered as directed in this chapter and chapters 3, 4, 5, 6, 7, 8, and 9 of this title. Foreign-built vessels registered pursuant to this section shall not engage in the coastwise trade: Provided,

That such vessels so admitted under the provisions of this section may contract with the Postmaster General under act March 3, 1891, ch. 519, 26 Stat. 830, so long as such vessels shall in all respects comply with the provisions and requirements of said sections. (R.S. § 4132; Aug. 24, 1912, ch. 390, § 5, 37 Stat. 562; Aug. 18, 1914, ch. 256, § 1, 38 Stat. 698; Sept. 21, 1922, ch. 356, § 321, 42 Stat. 947; June 30, 1932, ch. 314, § 501, 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; May 24, 1938, ch. 265, 52 Stat. 437; 1946 Proc. No. 2695, July 4, 1946, 11 F. R. 7517, 60 Stat. 1352; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Sept. 21, 1959, Pub.L. 86-327, § 1, 73 Stat. 597.)

DERIVATION

Act Dec. 31, 1792, ch. 1, § 2, 1 Stat. 288.

REFERENCES IN TEXT

In the original, "this chapter and chapters 3, 4, 5, 6. 7. 8, and 9" reads "this title," meaning title XLVIII of the Revised Statutes. For distribution of the title (R.S. §§ 4131—4305) in this Code, see Tables.

Act Mar. 3, 1891, referred to in last proviso of this section, was repealed by act May 22, 1928, ch. 675, § 414 (c), 45 Stat. 696.

CODIFICATION

Reference to the Philippine Islands preceding the Islands of Guam, etc., was omitted on the authority of 1946 Proc. No. 2695, which proclaimed the independence of the Philippines under the authority of section 1394 of Title 22, Foreign Relations and Intercourse, and under which section 1946 Proc. No. 2695 is set out as a note. R.S. § 4132 was amended by act Aug. 24, 1912, which inserted provisions relating to registering seagoing vessels wherever built engaged in trade with foreign countries and specified islands and being wholly owned by United States citizens or corporations and added provision prohibiting foreign-built vessels engaging in coastwise trade.

Act Aug. 18, 1914, amended R.S. § 4132, by omitting the words "not more than five years old at the time they apply for registry," following the words "have been certified by the Steamboat-Inspection Service as safe to carry dry and perishable cargo."

Act Sept. 21, 1922, repealed a provision of R.S. § 4132 as amended, which related to the free admission of materials for the construction or repair of vessels and the building or repair of their machinery, and articles for their outfit and equipment. A portion of the original text omitted here provided that a foreign built yacht, pleasure boat, or vessel not used or intended to be used for trade admitted to American registry pursuant to this section should not be exempt from the collection of ad valorem duty provided in act Aug. 5, 1909, ch. 6, § 37, 36

Stat. 112. The section referred to was repealed by act Oct. 3, 1913, ch. 16, § IV, S, 38 Stat. 201.

AMENDMENTS

1959-Pub. L. 86-327 redefined citizenship qualification for corporations by substituting requirement that the president or other chief executive officer and the chairman of the board of directors be United States citizens and that no more of the directors than a minority of the number necessary to constitute a quorum be noncitizens for requirement that the president and managing directors be United States citizens.

1938-Act May 24, 1938 in first sentence, added reference to Wake, Midway, and Kingman Reef.

TRANSFER OF FUNCTIONS

The Coast Guard was transferred to the Department of Transportation and all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655(b) of Title 49, Transportation. All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. The Plan excepted from the transfer the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard. "Steamboat-Inspection Service" was changed to "Bureau of Navigation and Steamboat Inspection", and then to "Bureau of Marine Inspection and Navigation" by acts June 30, 1932 and May 27, 1936. See note under former section 1 of this title.

"Coast Guard" was substituted for "Bureau of Marine Inspection and Navigation" on authority of 1946 Reorg. Plan No. 3. See note under former section 1 of this title.

CROSS REFERENCES

Foreign-built vessels admitted to American registry, suspension of provisions as to survey, inspection, and measurement, see section 82 of this title.

Registration, enrollment, and licensing of vessels purchased, chartered, or leased; regulations; coastwise trade, see section 808 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 12, 82 of this title.

5. Licensing of Fishing Vessels 46 U.S.C. 262-263, 319, 323-325

§ 262. License; oath not to defraud revenue; oath as to citizenship.

No licensed vessel shall be employed in any trade whereby the revenue laws of the United States shall be defrauded. The master of every such vessel shall swear that he is a citizen of the United States, and that such license shall not be used for any other vessel or any other employment than that for which it was specially granted, or in any trade or business whereby the revenue of the United States may be defrauded; and if such vessel be less than twenty tons burden, the husband or managing owner shall swear that she is wholly the property of citizens of

the United States; whereupon it shall be the duty of the collector of the district comprehending the port whereto such vessel may belong to grant a license. (R. S. § 4320; Feb. 27, 1877, ch. 69, § 1, 19 Stat. 251; Jan. 16, 1895, ch. 24, § 3, 28 Stat. 625.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 4, 1 Stat. 306.

CODIFICATION

R.S. § 4320, as originally enacted, was as follows: "In order to the licensing of any vessel for carrying on the coasting-trade or fisheries, the husband, or managing owner, together with the master thereof, with one or more sureties to the satisfaction of the collector granting the same, shall become bound to pay to the United

States, if such vessel be of the burden of five tons and less than twenty tons, the sum of one hundred dollars; and if twenty tons and not exceeding thirty tons, the sum of two hundred dollars; and if above thirty tons and not exceeding sixty tons, the sum of five hundred dollars; and if above sixty tons, the sum of one thousand dollars, in case it shall appear, within two years from the date of the bond, that such vessel has been employed in any trade whereby the revenue of the United States has been defrauded, during the time the license granted to such vessel remained in force. The master of such vessel shall also swear that he is a citizen of the United States, and that such license shall not be used for any other vessel or any other employment than that for which it is specially granted, or in any trade or business whereby the revenue of the United States may be defrauded; and if such vessel be less than twenty tons burden, the husband or managing owner shall swear that she is wholly the property of citizens of the United States; whereupon it shall be the duty of the collector of the district comprehending the port whereto such vessel may belong, the duty of six cents per ton being first paid, to grant a license."

It was amended by act Feb. 27, 1877, by striking out the words "the duty of six cents per ton being first paid."

It was again amended by act Jan. 16, 1895, to read as set forth here.

CROSS REFERENCES

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 251, 268, 274, 275, 321, 322, 323, 324, 326, 328, 332, 333, 335, 336 of this title.

§ 263. Form of license; coastal vessels of five tons or more; vessels operating on Great Lakes.

The form of a license for carrying on the coasting trade or fisheries shall be as follows:

"License for carrying on the (here insert 'coasting trade', 'whale fishery', 'mackerel fishery', or 'cod fishery', as the case may be).

"In pursuance of Title L, 'Regulation of Vessels in Domestic Commerce', of the Revised Statutes of the United States, (inserting here the name of the husband or managing owner, with his occupation and place of abode, and the name of the master, with the place of his abode), having sworn that the (insert here the description of the vessel, whether ship, brigantine, scow, schooner, sloop, or whatever else she may be), called the (insert here the vessel's name), whereof the said (naming the master) is master, burden (insert here the number of tons, in words) tons, as appears by her enrollment, dated at (naming the district, day, month, and year, in words at length, but if she be less than twenty tons, insert, instead thereof, 'proof being had of her admeasurement'), shall not be employed in any trade, while this license shall continue in force, whereby the revenue of the United States shall be defrauded, and having also sworn (or affirmed) that this license shall not be used for any other vessel, or for any other employment, than is herein specified, license is hereby granted for the said (inserting here the description of the vessel) called the (inserting here the vessel's name), to be employed in carrying on the (inserting here 'coasting trade', 'whale fishery', 'mackerel fishery', or 'cod fishery', as the case may be), for one year from the date hereof, and no longer. Given under my hand and seal, at (naming the said district), this (inserting the particular day) day of

(naming the month), in the year (specifying the number of the year in words at length);": Provided, That vessels of five net tons and over entitled under the laws of the United States to be enrolled and licensed or licensed for the coasting trade may be licensed for the "coasting trade and mackerel fishery", and shall be deemed to have sufficient license for engaging in the coasting trade and the taking of fish of every description, including shellfish: Provided further, That the provisions of sections 310 and 311 of this title shall be, and are hereby, made applicable to vessels so licensed: And provided further, That vessels operating on the Great Lakes and their connecting and tributary waters under enrollment and license issued in conformity with the provisions of section 258 of this title, shall be deemed to have sufficient license for engaging in the taking of fish of every description within such waters without change in the form of enrollment and license prescribed under the authority of that section. (R. S. § 4321; May 20, 1936, ch. 434, 49 Stat. 1367.)

DERIVATION

Acts Feb. 18, 1793, ch. 8, § 4, 1 Stat. 307; May 24, 1828, ch. 119, 4 Stat. 312.

REFERENCES IN TEXT

For distribution of "Title L, 'Regulation of Vessels in Domestic Commerce' of the Revised Statutes of the United States", R.S. §§ 4311-4390, referred to in the text, see Tables.

CODIFICATION

R.S. § 4321 was amended by act Feb. 28, 1887, ch. 288, § 2, 24 Stat. 435, for a period of five years from and after Mar. 1, 1888, by inserting before the last sentence the following: "This license does not grant the right to fish for mackerel, other than for what is known as Spanish mackerel, between the first day of March and the first day of June, inclusive, of this year." The time during which this amendment was to continue in force having expired, the clause inserted by the amendment has been omitted.

AMENDMENTS

1936-Act May 20, 1936, substituted the words "having sworn" for "having given bond" and added the three proviso clauses.

CROSS REFERENCES

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this title.

Consolidation of forms of enrollment and license, see section 260 of this title.

Penalty for violation of license, see section 325 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 251, 260, 268, 274. 275, 321, 322, 323, 324, 326, 328, 332, 333, 335, 336 of this title.

§ 319. Fine for trading without license.

Every vessel of twenty tons or upwards, entitled to be documented as a vessel of the United States, other than registered vessels found trading between district and district, or between different places in the same district, or carrying on the fishery, without being enrolled and licensed, and every vessel of less than twenty tons and not less than five tons burden found trading or carrying on the fishery as aforesaid without a license obtained as provided by this chapter, shall be liable to a fine of $30 at every port of arrival without such enrollment or license, and if she have on board any merchandise of foreign growth or manu

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