Shipping - 46 USC Appendix Section 292

01/19/04

Sec. 292. Vessels that may engage in dredging

(a) In general
Except as provided in subsection (b) of this section, a vessel
may engage in dredging in the navigable waters of the United States
only if -
(1) the vessel meets the requirements of section 883 of this
Appendix and sections 802 and 803 of this Appendix for engaging
in the coastwise trade;
(2) when chartered, the charterer of the vessel is a citizen of
the United States under sections 802 and 803 of this Appendix for
engaging in the coastwise trade; and
(3) for a vessel that is at least 5 net tons, the vessel is
documented under chapter 121 of title 46 with a coastwise
endorsement.
(b) Exception
A documented vessel with a registry endorsement may engage in the
dredging of gold in Alaska.
(c) Penalty
When a vessel is operated in knowing violation of this section,
that vessel and its equipment are liable to seizure by and
forfeiture to the United States Government.

AMENDMENTS
1992 - Pub. L. 102-587 amended section generally. Prior to
amendment, section read as follows: "A foreign-built dredge shall
not, under penalty of forfeiture, engage in dredging in the United
States unless documented as a vessel of the United States."
NONAPPLICABILITY TO CERTAIN VESSELS
Section 5501(a)(2) of Pub. L. 102-587 provided that: "The
amendment made by paragraph (1) [amending this section] does not
apply to -
"(A)(i) the vessel STUYVESANT, official number 648540;
"(ii) any other hopper dredging vessel documented under chapter
121 of title 46, United States Code before the effective date of
this Act [Nov. 4, 1992] and chartered to Stuyvesant Dredging
Company or to an entity in which it has an ownership interest;
however, this exception expires on December 3, 2022 or when the
vessel STUYVESANT ceases to be documented under chapter 121,
whichever first occurs; and
"(iii) any other non-hopper dredging vessel documented under
chapter 121 and chartered to Stuyvesant Dredging Company or to an
entity in which it has an ownership interest, as is necessary (a)
to fulfill dredging obligations under a specific contract,
including any extension periods; or (b) as temporary replacement
capacity for a vessel which has become disabled but only for so
long as the disability shall last and until the vessel is in a
position to fully resume dredging operations; however, this
exception expires on December 8, 2022 or when the vessel
STUYVESANT ceases to be documented under chapter 121, whichever
first occurs;
"(B) the vessel COLUMBUS, official number 590658, except that
the vessel's certificate of documentation shall be endorsed to
prohibit the vessel from engaging in the transportation of
merchandise (except valueless material), including dredge
material of value, between places within the navigable waters of
the United States;
"(C) a vessel that is engaged in dredged material excavation if
that excavation is not more than a minority of the total cost of
the construction contract in which the excavation is a single,
integral part, and the vessel is -
"(i) built in the United States;
"(ii) a non-self-propelled mechanical clamshell dredging
vessel; and
"(iii) owned or chartered by a corporation that had on file
with the Secretary of Transportation, on August 1, 1989, the
certificate specified in section 27A of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883-1); or
"(D) any other documented vessel engaged in dredging and time
chartered to an entity that, on August 1, 1989, was, and has
continuously remained, the parent of a corporation that had on
file with the Secretary of Transportation on August 1, 1989, a
certificate specified in section 27A of the Merchant Marine Act,
1920 (46 App. U.S.C. 883-1) if the vessel is -
"(i) not engaged in a federally funded navigation dredging
project; and
"(ii) engaged only in dredging associated with, and integral
to, accomplishment of that parent's regular business
requirements."

Last modified: April 20, 2006