is a documented vessel exempt from state jurisdiction

Is a documented vessel exempt from state jurisdiction?

No, a documented vessel is not entirely exempt from state jurisdiction. While vessel documentation with the U.S. Coast Guard (USCG) provides federal registration and certain benefits, it does not completely remove the vessel from state oversight. 

Any documented vessel must comply with the laws of the state in which they are operated, including the laws relating to safety equipment, according to the government. 

Upon demand, the vessel’s Certificate of Documentation must be shown to state law enforcement. 

Depending on the state, documented vessels may be required to display state decals detailing that they are in compliance with state requirements. Additionally, states may necessitate documented vessels to be registered but not state numbered. 

Here’s how state jurisdiction applies to documented vessels:

State Taxes and Fees:

  • Documented vessels are not exempt from state taxes, such as sales tax, use tax, or property tax. States may require payment of these taxes even if the vessel is federally documented.
  • Some states may also charge annual fees or require a state decal for documented vessels.
  • Know the laws in your particular state. 

State Boating Laws:

  • Documented vessels must comply with state boating and safety regulations, including:
    • Navigation rules.
    • Safety equipment requirements (e.g., life jackets, fire extinguishers).
    • Operating under the influence (OUI) laws.
    • Speed limits and other local waterway regulations.

State Titling:

  • Some states require documented vessels to also be titled at the state level, even if they are exempt from registration. This helps establish ownership and lien records within the state. This, too, depends upon your state. 

State Environmental Regulations:

  • Documented vessels must comply with state environmental laws, such as:
    • Waste disposal and sewage regulations.
    • Invasive species prevention (e.g., ballast water management).
    • Fuel spill prevention and reporting.

You must comply with any and all laws in your state. 

State Jurisdiction Over Crimes and Disputes:

  • State authorities have jurisdiction over criminal activities and legal disputes that occur on documented vessels within state waters (typically within 3 nautical miles of the coastline).
  • For example, state law enforcement can investigate incidents such as theft, assault, or boating under the influence.

State-Specific Requirements:

  • Some states have additional requirements for documented vessels, such as:
    • Displaying a state decal or sticker.
    • Paying annual fees for use of state waterways.
    • Registering with the state if the vessel is used for commercial purposes within state waters.

A Home for Vessel Documentation 

While federal documentation provides a vessel with national recognition and certain privileges, it does not exempt the vessel from state laws, taxes, or regulations. Vessel owners must ensure compliance with both federal and state requirements to avoid penalties or legal issues.

If you’re unsure about your state’s specific rules for documented vessels, contact your state’s boating or marine agency for guidance.

Use this link for initial vessel documentation. 

Who is Eligible for Vessel Documentation?

Vessel documentation is a national form of registration for boats in the United States. To be eligible for Coast Guard documentation, your vessel must meet the following criteria:

  1. Vessel Size Requirement:
    • The vessel must measure at least five net tons. Net tonnage is a measure of volume, not weight, and most vessels over 25 feet in length typically meet this requirement.
  2. Vessel Type:
    • Eligible vessels include those used for commercial purposes, fishing, or recreation. Examples include cargo ships, passenger vessels, tugboats, fishing boats, and large yachts. Vessels that are used for recreation can be documented, provided they meet the size requirement and are owned by
      American citizens. 
  3. Ownership:
    • The vessel must be wholly owned by a U.S. citizen or a U.S. entity (such as a corporation or partnership) that meets citizenship requirements. For corporations, at least 51% of the ownership must be held by U.S. citizens.

If your vessel meets these eligibility requirements, you can proceed with the documentation process through the National Documentation Portal.

Who Needs Vessel Documentation?

Vessel documentation is a federal registration process administered by the U.S. Coast Guard. Some vessel owners can choose to document your vessels, while others are required to. Those who must document their vessel include: 

  1. Commercial Vessel Operators:
    • If you operate a vessel for commercial purposes, such as transporting goods or passengers within U.S. waters/in the EEZ, you are required to document your vessel. This includes cargo ships, passenger vessels, and tugboats.
  2. Commercial Fishermen:
    • Vessels used for commercial fishing activities must be documented. This ensures compliance with federal regulations and allows participation in fishing operations within U.S. jurisdictions.
  3. Vessels Engaged in Coastwise Trade:
    • If your vessel is used to transport merchandise or passengers between U.S. ports, it must be documented with a coastwise endorsement.
  4. Vessels Used in International Waters:
    • If you plan to take your vessel into international waters, documentation proves U.S. nationality and facilitates entry into foreign ports.
  5. Mortgaged Vessels:
    • Lenders often require vessel documentation as a condition for a First Preferred Ship Mortgage. 

Who May Want to Document Their Vessel If They Are Not Required to Do So?

While vessel documentation with the U.S. Coast Guard (USCG) is not required for all vessels, some boat owners may choose to document their vessel even if it is not mandatory. Here are some reasons why someone might want to document their vessel voluntarily:

  1. Financing and Insurance: Some lenders and insurance companies may require or prefer a vessel to be documented to give a First Preferred Ship mortgage, as it provides a clear record of ownership and can simplify the process of securing a loan or insurance policy.
  2. International Travel: Documented vessels receive a Certificate of Documentation (COD), which can be useful or required when traveling to foreign ports. Some countries may require proof of nationality, and a documented vessel can provide this through its COD.
  3. Commercial Use: For vessels that may be used for commercial purposes in the future, having documentation in place can simplify the process of obtaining the necessary endorsements for activities such as coastwise trade, fishing, or passenger transport.

It’s important to note that while documentation offers these benefits, it also comes with certain responsibilities, such as maintaining the documentation, renewing it annually, and ensuring that the vessel complies with all applicable federal regulations. Owners should weigh the benefits against the costs and responsibilities before deciding to document their vessel voluntarily.

Use this link to renew your vessel documentation. 

What are Vessel Documentation Endorsements? 

Vessel documentation endorsements are specific designations or permissions granted to a documented vessel by the U.S. Coast Guard (USCG) through the National Vessel Documentation Center (NVDC). These endorsements specify the type of activities the vessel is authorized to engage in, and they are a key part of the vessel’s documentation. The main types of endorsements include:

  1. Coastwise Endorsement: Allows the vessel to engage in coastwise trade, which includes transporting goods or passengers between points in the United States and the Exclusive Economic Zone/EEZ. 
  2. Fishery Endorsement: Permits the vessel to engage in commercial fishing activities within the navigable waters of the U.S. as well as the Exclusive Economic Zone (EEZ). This endorsement is necessary for vessels that are used to catch, take, or harvest fish or other marine species for sale.
  3. Registry Endorsement: Allows the vessel to engage in foreign trade, meaning it can transport goods or passengers between the U.S. and other countries. This endorsement is also required for vessels that are used for international voyages.
  4. Recreation Endorsement: This is for vessels that are used exclusively for recreational purposes. These vessels cannot be used for any commercial activities. Although, all vessels can be used for recreation. 

Each endorsement has specific requirements and restrictions, and the type of endorsement a vessel receives depends on its intended use. Vessel owners must apply for the appropriate endorsement(s) when they document their vessel with the USCG, and they must ensure that their vessel’s activities comply with the terms of the endorsement(s) they hold.

It’s important to note that vessel documentation and endorsements are separate from state registration, and documented vessels are typically exempt from state registration requirements. However, they must still display their official documentation number and a hailing port on the hull.

How Do I Know Which Endorsement is Right for My Vessel?

Choosing the right endorsement for your vessel depends on how you intend to use it. The U.S. Coast Guard (USCG) offers several types of endorsements, each corresponding to specific activities. 

How to Apply:

  • Once you’ve determined the appropriate endorsement, you can apply for vessel documentation through the National Vessel Documentation Center (NVDC). The application process includes submitting forms, proof of ownership, and payment of fees.

Key Considerations When Choosing an Endorsement:

  1. Intended Use:
    • Determine whether your vessel will be used for commercial activities (e.g., fishing, trade, or passenger transport) or purely for recreation.
    • If commercial, identify whether the activities will be domestic (coastwise), international (registry), or fishing-related.
  2. Legal Compliance:
    • Ensure your vessel meets all applicable laws and regulations for the chosen endorsement.
  3. Future Plans:
    • Consider whether your vessel’s use might change in the future. If you plan to use it for commercial purposes later, you may want to document it with the appropriate endorsement upfront.

Of course, you can change your endorsement at any time. 

Steps to Change Your Vessel’s Endorsement:

  1. Determine the New Endorsement:
    • Identify the new endorsement that aligns with your vessel’s intended use (e.g., Coastwise, Fishery, Registry, or Recreation).
  2. Submit the Appropriate Forms:
    • Complete and submit the Application for Change of Endorsement or Trade Indicator (CG-1280) through our site. 
    • If you are also changing the vessel’s ownership or other details, you may need to submit additional forms, such as the Application for Initial, Exchange, or Replacement of Certificate of Documentation (CG-1258) which you can also find through our site. 
  3. Provide Supporting Documentation:
    • Include any required supporting documents, such as proof of ownership, evidence of U.S. citizenship, or evidence of vessel eligibility (e.g., proof of U.S. build for Coastwise or Registry endorsements).
  4. Pay the Fees:
    • Submit the required fees for processing the change of endorsement. 
  5. Wait for Approval:
    • We’ll send your forms into the powers that be. Then, they will review your application and supporting documents. If approved, they will issue a new Certificate of Documentation (COD) with the updated endorsement.

Important Considerations:

  • Impact on Vessel Use: Changing your endorsement may affect how you can legally use your vessel. For example, switching to a Recreation endorsement means you can no longer use the vessel for commercial activities.
  • Compliance with Laws: Ensure your vessel complies with all applicable laws and regulations for the new endorsement. 
  • Timing: Plan ahead, as processing times for documentation changes can vary. Expedited services may be available for an additional fee. We offer rush processing on many of our forms. 

When to Change Your Endorsement:

  • You’re transitioning from recreational to commercial use (e.g., starting a charter business).
  • You’re changing the type of commercial activity (e.g., from fishing to coastwise trade).
  • You’re no longer using the vessel for commercial purposes and want to switch to a Recreation endorsement.

What is a Certificate of Documentation?

A Certificate of Documentation (COD) is an official document issued by the U.S. Coast Guard that proves your vessel is federally documented. It serves as proof of nationality and allows your vessel to operate in certain waters, engage in specific activities, and qualify for preferred mortgages.

Is a Certificate of Documentation Required to Operate a Vessel?

Yes, a valid Certificate of Documentation is required to operate a documented vessel. Operating your vessel without a current COD is against federal regulations and may result in penalties, fines, or restrictions on your vessel’s use.

What Happens If My Certificate of Documentation Expires?

If your Certificate of Documentation expires, your vessel is no longer considered documented, and you cannot legally operate it until the documentation is renewed. It is your responsibility to ensure your COD is up to date to avoid interruptions in your vessel’s operation.

If your documentation has expired and more than 30 days have passed, you can no longer renew it. You can use this link for reinstatement. 

Can I Renew My Certificate of Documentation Online?

Yes, you can renew your Certificate of Documentation online through the National Documentation Portal. The process is simple, secure, and designed to help you maintain compliance with Coast Guard regulations.

How the National Documentation Portal Can Help Vessel Owners 

The National Documentation Portal is your one-stop resource for all matters related to U.S. Coast Guard vessel documentation. Whether you need to replace lost documents, renew your vessel’s documentation, or update details like your vessel’s name or hailing port, the portal offers clear, step-by-step guidance and streamlined processes to simplify these tasks.

Our mission is to make vessel documentation straightforward and efficient, helping you stay compliant and well-informed every step of the way.

If you have further questions or need assistance—such as replacing lost documentation—the National Documentation Portal is your trusted resource. With its user-friendly platform and dedicated support team, we’re here to provide the tools and expertise you need to navigate the process with ease and confidence.