Vessel
determination refers to a decision the U.S. Coast Guard (USCG) makes regarding
a vessel. Vessel owners, manufacturers, lawyers and law enforcement agencies occasionally
will ask the USCG which laws and regulations apply to a particular device. The
USCG’s reply letter is the vessel determination.
In some
instances, vessel owners will send letters to the USCG requesting information
about whether or not construction work on their vessels will affect their
particular vessel status.
In other cases,
vessel determinations involve owners wanting to know whether or not their
devices are considered vessels by the USCG’s standards and what rules to which they’re
expected to adhere.
How
the USCG Makes Vessel Determinations
The first
step the USCG takes when determining which rules apply to a certain craft is to
decide whether or not the craft fits the definition of a vessel, as detailed in
1 U.S. Code § 3. This statute states: “The word ‘vessel’ includes every
description of watercraft or other artificial contrivance used, or capable of
being used, as a means of transportation on water.”
If the craft
does meet the definition of a vessel, then the USCG will analyze the vessel further.
Other
Factors Considered with Vessel Determinations
The U.S.
Coast Guard's Boating Safety Division explains that there are five other factors considered before making a vessel
determination:
- Capability – is the watercraft “practically
capable” of carrying people or property beyond swimming or surfing areas?
- Operating range – is the range of operability of
the device limited by the operator’s physical endurance?
- Hazard – does the craft present a safety
or navigation hazard that’s not already present?
- Objectives – were the “normal objectives
sought to be accomplished by the regulation of a device as a ‘vessel’”
present?
- Safety – if the device became disabled,
would the operator and cargo be safe in the water?
Why are USCG vessel
determinations important?
Every vessel
owner needs to know which rules by which they must abide. Vessel determinations
can help ensure owners stay within regulation.
If your
device is determined to be a vessel, you’ll be subject to the regulations
administered by the USCG and the Office of Auxiliary and Boating Safety. This
will include stipulations such as training and certifications, safety
regulations, inspections, and the Nautical Rules of the Road.
Types of USCG Vessels Under 1
U.S. Code § 3
There are
numerous types of crafts that the USCG considers “vessels"; certain crafts
are obviously vessels (such cruise ships), while other craft determinations are
a little more tricky (such as paddleboards).
The following
devices are a partial list of crafts determined
to be a vessel, and therefore subject USCG regulations:
- freight vessels;
- nautical school and
research vessels;
- offshore supply
vessels;
- passenger vessels
of all sizes;
- sailing school
vessels;
- cruise ships and
guided tour boats;
- barges and tank
vessels;
- seagoing motor
vessels;
- fish processing and
fish tender vessels
- oil spill response
vessels;
- towing vessels;
- paddleboards; and
- gold dredges.
To learn more
about marine and boating-related topics, visit the My Vessel Logs blog. While there,
download a free copy
of the Logbook Quick Reference Guide, which will help you determine exactly
what logbooks are required on your vessel.