Delaware yacht registration.

[Craig Cape Town]

As a South African, this was also a bit of a "kop krapper" for me . I use my boat primarily in the US, so just went with a RI state reg, but now I'm looking at another boat and plan to cruise farther afield.
I found that, as we are part of the commonwealth, we are able to register in the UK island of Jersey via an agent. I may go that route as there is no need to set up a Delaware company and do all the admin that goes with it.
Blue water yacht services were recommended to do the paperwork - contact Jillian on 0044 153 473 9594 or google their website.
It's hard to get first hand experience on this topic, so please leave some notes of your experience here after you decide what to do.
Fair winds

[Dogscout]

Originally Posted by NorthernMac

Could someone please cite a case where a boat was denied any protection because it was state registered vs USCG documented?

It seems to me that would be rather pointless, as I doubt that the coast guard is going to check registration prior to rendering assistance. US citizens are protected anyway, the US navy will come to the aid of US citizens on a boat of any registration.

But the point that should be discussed is included in the posts above. The fellow entering the UK with a Delaware registration is asking for further documentation in order to satisfy a need whether perceived or real. Since I have never sailed into UK waters with a Delaware registered boat I do not know why he is asking for more documentation. I do know that my USCG documentation has been scrutinized in Malta, Italy and Greece. So far everyone has been satisfied. As has been said before is that it only takes one bureaucratic inspector or port policeman to ask the question or be confused.

[Tin Tin]

There are Delaware registered boats in the Med with non US citizens as owners. It is pretty meaningless, it just gives you some form of registration albeit useless unless you are in Delaware. In order to become US flagged you/owner have to be US citizens/corporation and register (document) with the US Coast Guard. Some country border security organizations take the vessels flag registration seriously, some do not seem to care. However if you misrepresent the facts on an entry form you have signed, you need to read the penalty provisions for that country for making false statements on customs declarations. You might want to read carefully what your insurance policy says in relation to the flag country of the vessel and what compliance issues you need to adhere to to maintain cover, especially when crossing borders. It is probably rare that cruisers get pulled up on this so 9 times out of ten you'd be fine, I just wouldn't want to be the 1 in ten that may get their boat confiscated, get fined or jailed, or have insurance denied in the rare event of a significant claim where the insurer can rely on obscure breaches of the policy.

[AA3JY]

Originally Posted by NorthernMac

How is anyone going to know how long a boat has been somewhere?


Opsec

Md DNR police does visit, observes and notes out-of-State registered vessels in Md. waters (marinas)..

[NorthernMac]

Originally Posted by aqfishing

Good point. I did hear that someone had trouble in Cuba. However that is pure hearsay.

When registering our current vessel no false or misleading information was supplied. I would guess though that if we did go that way we would need to make sure we spend the most time in Delaware.

Does State registration entitle you to fly the US flag??

I’d really look into Wyoming

[Montanan]

Originally Posted by aqfishing

Good point. I did hear that someone had trouble in Cuba. However that is pure hearsay.

When registering our current vessel no false or misleading information was supplied. I would guess though that if we did go that way we would need to make sure we spend the most time in Delaware.

Does State registration entitle you to fly the US flag??

No, only vessels that are documented with the US Coast Guard are provided USA nationality to the vessel and thus are "flagged as American vessels." Now that is not to say, that one can't hang the Star Spangled Banner from the transom if you desire to see Old Glory wave in the Rockets Red Glare, but then one could also hang a Confederate Flag or a pirate flag with similar effect. The vessel is not even legally of "Delawarean" status, it is merely registered and not titled in the State which means it can legally reside in Delaware's waters for more than 60 days.

Internationally a Delaware vessel registration is rather similar say to the Dutch "Light" Vessel Registry [an International Certificate of Pleasure Craft / ICP] which is, or was, very popular in Europe [simple to get and inexpensive] but which also does not provide for the granting of nationality to the vessel and thus does not derive UNCLOS coverage and now even within Europe some countries have become problematic as to clearances with the Dutch ICP , e.g. Portugal and Italy take issue with the Dutch ICP because the new document now clarifies that the vessel is essentially a vessel with no nationality and thus which boat is then fully subject to the nation in which waters it lies, that is to say it is an "undocumented boat" under UNCLOS which means the boat should be subject to the rules of the nation state in which it resides, e.g, requiring registration with and subject to the rules of that nation, and not accorded innocent passage or temporary waiver of registration in the country, etc.

The Dutch ICP now no longer states “Dutch” with regard to the flag, but instead states “non-applicable”. The Dutch have disowned such vessels. The Delaware registration certificate [card] also does not state anything about flag or nationality.

The new version of the Dutch ICP specifically states, in three languages:

"Prior to issue of this document ownership has been rendered credible. This certificate is valid only as long as the particulars have not changed. In case of change, it must be returned to the issuing organization for amendment.

This document can not be interpreted as giving Dutch nationality to the craft, nor does it constitute the right to fly the flag of the Kingdom of the Netherlands as defined by Article 9 of the United Nations Convention on the Law of the Sea (UNCLOS). Consequently the Kingdom of the Netherlands does not accept any of the responsibilities listed in article 94 of UNCLOS."

The Dutch ICP registry document has in recent years had its wording revised to indicate that is it at best only an unofficial quasi-proof of ownership document with no grant of nationality and no titling of the vessel. There had been confusion by vessel owners thinking that they could fly the Dutch flag and incorrectly claim and expect to be provide Dutch maritime law and diplomatic protections which the Dutch government had to deny when the vessels attempted to derive such legal status.

The Delaware vessel registration is rather similar to the Dutch ICP, in that it is also just a registration, it provides no titling, and yields only a quasi-proof of ownership and no grant of nationality, albeit at least Delaware is a sovereign government [but not a nation state] whereas in the Netherlands the International Certificate for Pleasure Crafts, or simply ICP as it is popularly called, is issued by two sailing associations whom have been appointed to do so by the Ministry of Infrastructure and Water Management in the Netherlands. The agencies whom have been appointed by the Dutch Ministry of Infrastructure and Water Management to issue ICP’s are Koninklijk Watersportverbond and KNMC.

Per the Delaware contact person for vessel registration, they recognize that out of state and foreign vessels do on occasion register the vessel with the state even though the vessel is never operated in Delaware waters. On their application they added the question: Do you intend to operate this vessel outside the waters of the USA and its territories? Yes or No. This provides them with a short list of vessels that can be gleaned from the database so as to provide notice of such intent to the USCG. She indicated that a Delaware registered vessel raises Red Flags in some countries, Greece being a recent example, particularly if the operator / owner is not from Delaware and thus things appear rather dubious in nature as to the purpose and intent of the State of Delaware registering vessels is solely to be able to police boats that reside in that State's waters. She asked where I was from, I told her Montana, so she followed by asking to the effect: "So would it be appropriate to register say your vehicle that is in Montana and never taken into Delaware with the State of Delaware's Department of Motor Vehicles?" The answer being obviously, No. Hell no! Same reasoning that applies to land based vehicles applies to water based vehicles. D'uh. The State does not get engaged in out of state matters for Delaware registered vessels and definitely not in international maritime matters, although they will share data that is in their State registration database with law enforcement officials upon request as a matter of reciprocity of courtesy. She also said that on the east coast that Florida tends to be dubious of Delaware registered vessels and usually investigates them as to how long they have been in Florida, the owners residency, sales / use tax, etc. She also indicated that in many jurisdictions the dinghy needs to be registered and the parent vessels Delaware registration does not accord through to the separate dinghy vessel and out of state / foreign countries often take issue with the lack of separate registry.

The newer version of the Dutch ICP document is attached below, as one can see it doesn't amount to much of anything, except to say, at a time before issuance of the document ownership had been rendered credible [by a yachting association]. The Delaware registration document is like a credit card, and states very little, because its purpose is limited to a policing functionality [and modest revenue gathering to the State].

So if one was to ask can one register in Delaware if the boat is not principally used in the State or for more than 60 days? The answer would be, yeah, it could be done, but should you if the boat is never or mostly in Delaware, uh, not so much. It defeats the purpose and intent and would be invalid or perjurious to declare the State as being the vessels principal State of use.

Okay, FYI for those that wish to be disingenuous / dishonest as to having a State be the State of Principal Use wherein that use of such waters is or will be zero. The Federal definition is:

33 C.F.R. Section 173.3

State of principal operation means the State in whose waters a vessel is or will be operated most during a calendar year.

By legal word substitution one derives:

State of principal operation means a State of the United States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, the U.S. Virgin Islands, and any other territory or possession of the United States, in whose waters every description of watercraft or other artificial contrivance used or capable of being used as a means of transportation on water is or will be used, navigated, or employed to the greatest in amount or degree during a calendar year.

Zero can never be most. Zero is no quantity / naught. Zero can not be greatest in amount or degree. If a vessel does not reside in the waters of the United States of America, it defacto does not reside in any State of the United States of America. If you wish to Bull **** yourself, have at it.

[NorthernMac]

Heyyy...

One side thought,

When I did the paperwork for the AIS transponder, if you're going to foreign ports you need to file it yourself at the crappy FCC site.

When filing it out it asks about the USCG documentation number.

[Jammer]

Originally Posted by aqfishing

Good point. I did hear that someone had trouble in Cuba. However that is pure hearsay.

When registering our current vessel no false or misleading information was supplied. I would guess though that if we did go that way we would need to make sure we spend the most time in Delaware.

Does State registration entitle you to fly the US flag??

State registered vessels take on the nationality of their owner, at least while they are in the United States.

[Montanan]

Originally Posted by NorthernMac

Heyyy...

One side thought,

When I did the paperwork for the AIS transponder, if you're going to foreign ports you need to file it yourself at the crappy FCC site.

When filing it out it asks about the USCG documentation number.

FCC 605 form and instructions:

https://transition.fcc.gov/Forms/Form605/605.pdf

Item 5
General Class of Ship - Enter the appropriate two letter code from the following list that describes the general class of ship:
. . .

Other Required Information

Item 6 If applying for a new ship station authorization and the ship already has been assigned a four (4) letter call sign (e.g., WXYZ) by the FCC, enter it here.

Item 7 Enter the name of the ship, if it has one. If it does not, it is suggested that you name your ship for identification purposes and your own safety. If your ship is not named, and you have not provided a State Registration number in item 5, your application will be returned.

Item 8 Enter the official Coast Guard Documentation Number (as it appears on the document, e.g., 250012) or the State Registration Number (as it appears on the registration, e.g., FL2011GG) of the ship. Do not provide a foreign registration number since the FCC does not license foreign registered vessels.

Item 9 Enter 'Y' if the ship will make international voyages. Otherwise, enter 'N'.
NOTE: Applications for a fleet station license, the vessels do not engage in voyages to any foreign country. See 47 CFR § 80.55.

Item 10 Enter 'Y' if the ship will communicate with foreign coast stations. Otherwise, enter 'N'.


https://www.fcc.gov/wireless/bureau-...radio-stations

Radio Equipment You May Use

In the USA, you do not need a license to use marine VHF radios, any type of EPIRB, any type of radar, GPS or LORAN receivers, depth finders, CB radio, or amateur radio (an amateur license is required). Ships that use MF/HF single side-band radio, satellite communications, or telegraphy must continue to be licensed by the FCC.

Radios with Digital Selective Calling (DSC) Capability

An MMSI number lets you transmit your position and type of distress
When connected to a Global Positioning System (GPS) the radio will transmit the caller's position and type of distress and display it as an icon on the chart plotters of boats that receive the call. The system then determines the distance and heading to the distressed vessel, thus allowing nearby boaters to assist in cases where they are closer than the U.S. Coast Guard (please follow the instructions of the U.S. Coast Guard in all emergency situations.). Additionally, MMSI numbers allow boaters to connect directly to other boaters and marine assistance dispatchers with DSC-VHF radios, which will decrease the amount of traffic on commonly used radio channels.

When installed in your DSC-VHF radio, MMSI numbers can be used by the U.S. Coast Guard for search and rescue purposes within Rescue21 service areas.

If you plan to operate on International waters outside the United States, you must get your MMSI number through the FCC.

If you have a marine radio with DSC capability, you must obtain a nine-digit maritime mobile service identity (MMSI) number and have it programmed into the unit before you transmit. Each vessel needs only one MMSI number. Prior to obtaining an MMSI number, you will be asked to provide certain information about your ship. It is important that you obtain an MMSI number because the U.S. Coast Guard uses this information to help speed search and rescue operations.

If your vessel requires licensing by the FCC you will obtain an MMSI number during the application/licensing process when you file FCC Forms 159 and 605 with the FCC. After the FCC grants a new, modified, or administratively updated ship station license, it reports the MMSI and certain other data to the International Telecommunication Union's Maritime mobile Access and Retrieval System (MARS) so that other countries' search and rescue authorities also have access to the information. Licensees may check the MARS database to confirm that their information is listed and up to date.
If your vessel does not require a license you may obtain an MMSI by contacting either BoatUS, Sea Tow Service International, Inc., Shine Micro, or United States Power Squadrons. Information is contained in the Public Notice (pdf) announcing agreements with and the procedures for private entities to apply to issue MMSIs.

If your vessel requires licensing by the FCC after you have obtained an MMSI number from BoatUS, Sea Tow Service, Shine Micro, Inc., or United States Power Squadrons, that MMSI number cannot be used during the application/licensing process when you file FCC Forms 159 and 605 with the FCC. MMSI numbers issued by other authorized entities are valid only for ship stations that do not have FCC-issued licenses. Since the ULS will not accept the MMSI that was issued by another entity, you should not enter anything on FCC Form 605, Schedule B. Leave the field blank and the FCC will issue you a new MMSI number.

Obtaining a License

File FCC Form 159 Remittance Advice and Form 605 Quick-Form Application for Authorization of Radio Operator and Services, with the FCC, preferably through electronic filing in ULS. Licensees can opt to receive Electronic Authorizations by logging into the License Manager and changing their print preferences or can continue to have the FCC mail the license to you. The license is valid for a term of ten years.

[NorthernMac]

Originally Posted by Montanan

FCC 605 form and instructions:

https://transition.fcc.gov/Forms/Form605/605.pdf

Item 5
General Class of Ship - Enter the appropriate two letter code from the following list that describes the general class of ship:
. . .

Other Required Information

Item 6 If applying for a new ship station authorization and the ship already has been assigned a four (4) letter call sign (e.g., WXYZ) by the FCC, enter it here.

Item 7 Enter the name of the ship, if it has one. If it does not, it is suggested that you name your ship for identification purposes and your own safety. If your ship is not named, and you have not provided a State Registration number in item 5, your application will be returned.

Item 8 Enter the official Coast Guard Documentation Number (as it appears on the document, e.g., 250012) or the State Registration Number (as it appears on the registration, e.g., FL2011GG) of the ship. Do not provide a foreign registration number since the FCC does not license foreign registered vessels.

Item 9 Enter 'Y' if the ship will make international voyages. Otherwise, enter 'N'.
NOTE: Applications for a fleet station license, the vessels do not engage in voyages to any foreign country. See 47 CFR § 80.55.

Item 10 Enter 'Y' if the ship will communicate with foreign coast stations. Otherwise, enter 'N'.


https://www.fcc.gov/wireless/bureau-...radio-stations

Radio Equipment You May Use

In the USA, you do not need a license to use marine VHF radios, any type of EPIRB, any type of radar, GPS or LORAN receivers, depth finders, CB radio, or amateur radio (an amateur license is required). Ships that use MF/HF single side-band radio, satellite communications, or telegraphy must continue to be licensed by the FCC.

Radios with Digital Selective Calling (DSC) Capability

An MMSI number lets you transmit your position and type of distress
When connected to a Global Positioning System (GPS) the radio will transmit the caller's position and type of distress and display it as an icon on the chart plotters of boats that receive the call. The system then determines the distance and heading to the distressed vessel, thus allowing nearby boaters to assist in cases where they are closer than the U.S. Coast Guard (please follow the instructions of the U.S. Coast Guard in all emergency situations.). Additionally, MMSI numbers allow boaters to connect directly to other boaters and marine assistance dispatchers with DSC-VHF radios, which will decrease the amount of traffic on commonly used radio channels.

When installed in your DSC-VHF radio, MMSI numbers can be used by the U.S. Coast Guard for search and rescue purposes within Rescue21 service areas.

If you plan to operate on International waters outside the United States, you must get your MMSI number through the FCC.

If you have a marine radio with DSC capability, you must obtain a nine-digit maritime mobile service identity (MMSI) number and have it programmed into the unit before you transmit. Each vessel needs only one MMSI number. Prior to obtaining an MMSI number, you will be asked to provide certain information about your ship. It is important that you obtain an MMSI number because the U.S. Coast Guard uses this information to help speed search and rescue operations.

If your vessel requires licensing by the FCC you will obtain an MMSI number during the application/licensing process when you file FCC Forms 159 and 605 with the FCC. After the FCC grants a new, modified, or administratively updated ship station license, it reports the MMSI and certain other data to the International Telecommunication Union's Maritime mobile Access and Retrieval System (MARS) so that other countries' search and rescue authorities also have access to the information. Licensees may check the MARS database to confirm that their information is listed and up to date.
If your vessel does not require a license you may obtain an MMSI by contacting either BoatUS, Sea Tow Service International, Inc., Shine Micro, or United States Power Squadrons. Information is contained in the Public Notice (pdf) announcing agreements with and the procedures for private entities to apply to issue MMSIs.

If your vessel requires licensing by the FCC after you have obtained an MMSI number from BoatUS, Sea Tow Service, Shine Micro, Inc., or United States Power Squadrons, that MMSI number cannot be used during the application/licensing process when you file FCC Forms 159 and 605 with the FCC. MMSI numbers issued by other authorized entities are valid only for ship stations that do not have FCC-issued licenses. Since the ULS will not accept the MMSI that was issued by another entity, you should not enter anything on FCC Form 605, Schedule B. Leave the field blank and the FCC will issue you a new MMSI number.

Obtaining a License

File FCC Form 159 Remittance Advice and Form 605 Quick-Form Application for Authorization of Radio Operator and Services, with the FCC, preferably through electronic filing in ULS. Licensees can opt to receive Electronic Authorizations by logging into the License Manager and changing their print preferences or can continue to have the FCC mail the license to you. The license is valid for a term of ten years.

Didn’t remember that when I filled that out.

In that case, good to go

[Montanan]

Originally Posted by NorthernMac

Didn’t remember that when I filled that out.

In that case, good to go

DSC radios are wonderful devices.

[aqfishing]

Well thank you everyone. That helps and clears things up a fair bit. I think I may just go with the Jersey route. At the end of the day its not about any particular flag, but about cost, convenience and been legal.

[aqfishing]

Originally Posted by Craig Cape Town

As a South African, this was also a bit of a "kop krapper" for me . I use my boat primarily in the US, so just went with a RI state reg, but now I'm looking at another boat and plan to cruise farther afield.
I found that, as we are part of the commonwealth, we are able to register in the UK island of Jersey via an agent. I may go that route as there is no need to set up a Delaware company and do all the admin that goes with it.
Blue water yacht services were recommended to do the paperwork - contact Jillian on 0044 153 473 9594 or google their website.
It's hard to get first hand experience on this topic, so please leave some notes of your experience here after you decide what to do.
Fair winds

Great advice, thanks.

[Resitsay]

Do USCG Documented Vessels Need State Registration or Decals?


There's a lot of confusion over whether - and when - a Coast Guard Documented vessel needs to be registered with the state. The short answer is that UCSG Documented boats never need to be titled with the state, but may need to be registered with the state depending on how long the boat is on the state's waters.

First, as to the titling of the vessel, a vessel may either be state titled or federally documented, but not both. Think of USCG documentation like your title - that's really what it is, even though it has another name. In fact, federal law under 46 U.S.C. § 12106 actually prohibits a USCG Documented vessel from being state titled, and a state cannot require a USCG Documented vessel to display numbers.

However, states may still require registration of USCG Documented vessels for tax and other purposes. What's the difference between the title and the registration? The title is a formal, colored document used to prove and transfer ownership. The registration typically consists of a registration card and an annual state decal which must affixed to the boat. So while the Coast Guard Documentation is your boat's title, you may have to also register with a state.

Registering with a state is normally required if you keep your vessel in a state for a certain amount of time. For example, registration is generally required in Florida if your boat spends more than 89 consecutive days in the state. The Sarasota Tax Collector has an excellent guide for how to register a USCG Documented vessel in Florida, which states that to get your registration and Florida decals you must bring the following:

Application to Register Non-Titled Vessel

Copy of documentation papers

Copy of executed bill of sale to document amount of sales tax due

Proof of payment of sales tax or proof of tax exemption

Registration fees

$50 non-resident commercial vessel fee, if applicable

So while USCG Documentation exempts your vessel from having to be state titled or display state numbers, if you keep your vessel in a state for a long period of time you may have to register and/or pay tax. If you need state-specific advise on tax and registration, contact your local state titling agency or a maritime lawyer.

[tcpbob]

interesting posts on this thread and good research, however, i have encountered several yachts in international waters recently, indian ocean, med, caribbean, that fly a US flag with delaware rego. it is being successfully done. i met a mexican boat in djibouti that did it to avoid heavy import duties on the boat. i lost track of them in the med but they had crossed a lot of borders before i met them and i assume many after. this is not the only example of boats where i have talked to the owners and confirmed.