Cruisers Forum
 


Reply
 
Thread Tools Search this Thread Rate Thread Display Modes
Old 16-06-2020, 12:38   #1
Registered User

Join Date: Jun 2020
Location: South Africa
Boat: Leopard 40
Posts: 509
Delaware yacht registration.

We are from South Africa and currently have a Leopard 44 with Sunsail in the Seychelles. Our present yacht is registered in Delaware.

We have gone back in on a new 40. There is a good chance we may keep this one after 6 years and cruise this side a bit. East Africa, Madagascar, Seychelles. We may then go over to the Caribbean and on to the Pacific.

We need to register the new yacht next month and we are wondering if there is any reason why we should not stick with Delaware?

I am a commercially qualified skipper in the fishing industry with a day/night skippers ticket for yachts under 24m up to 40nm. I don’t feel the need nor have the inclination to do a yacht master qualification. So this needs to be taken into account when choosing a flag.
We will try not to import the yacht anywhere if possible.

Any registration advice will be most welcome. Thank you.
aqfishing is offline   Reply With Quote
Old 17-06-2020, 08:32   #2
Registered User

Join Date: Dec 2016
Location: MED
Boat: Hanse 430e
Posts: 391
Re: Delaware yacht registration.

What does the State of Delaware registration do for you? US citizens use it for tax avoidance, but this is not the same a US Coast Guard Documentation.
Dogscout is offline   Reply With Quote
Old 17-06-2020, 10:35   #3
Registered User

Join Date: Jun 2020
Location: South Africa
Boat: Leopard 40
Posts: 509
Re: Delaware yacht registration.

It means I do not have to fly a surveyor from South Africa (SA) to survey the yacht every year, or bring it back here for survey. They wont accept third party surveys.
When in SA waters my current qualification is valid for SA waters. Once in international waterS I fall under US rules, so no official qualification required like yacht master ocean etc. This also helps with insurance.

Or have I got this all wrong??
aqfishing is offline   Reply With Quote
Old 17-06-2020, 10:43   #4
Registered User
 
NorthernMac's Avatar

Join Date: Mar 2019
Boat: A185F, Mystic 30’ Cutter
Posts: 705
Re: Delaware yacht registration.

If you’re state registering it, I’d also look into Wyoming.
NorthernMac is offline   Reply With Quote
Old 17-06-2020, 11:14   #5
Registered User

Join Date: Dec 2016
Location: MED
Boat: Hanse 430e
Posts: 391
Re: Delaware yacht registration.

Quote:
Originally Posted by aqfishing View Post
It means I do not have to fly a surveyor from South Africa (SA) to survey the yacht every year, or bring it back here for survey. They wont accept third party surveys.
When in SA waters my current qualification is valid for SA waters. Once in international waterS I fall under US rules, so no official qualification required like yacht master ocean etc. This also helps with insurance.

Or have I got this all wrong??
I have heard that people do this, but its a bit shaky to me. This is a really basic explanation and not a discussion of actual laws. Delaware registers boats as a STATE registry of ownership. This is to identify the boats owner to state authorities, typically fish and game commission or other enforcement agencies. Most states also collect tax on the boat value through this system but Delaware is one of the few states that do not tax boats as personal property.

THIS IS NOT EQUAL TO US DOCUMENTATION

Delaware does not have a navy nor does its agencies operate overseas or in international waters.

The US Coast Guard provides documentation services to US citizens and this provides protections to US citizens boating abroad.

What makes you think that you fall under US rules in International Waters? Do you have a USCG Documentation number engraved into your hull? Are you carrying the proper safety equipment as required by the USCG?
Dogscout is offline   Reply With Quote
Old 17-06-2020, 11:18   #6
Registered User

Join Date: Oct 2014
Posts: 5,909
Re: Delaware yacht registration.

US State registrations are valid [and in most cases required] for vessels if the State and its waters are the state of principal use. Some states do not require registration of vessels if they are documented by the US Coast Guard, others require USCG documented boats to be registered if the vessel remains in a State's waters for a specific number of days. A USCG documented vessel is not permitted to be titled by any State. Titling / documenting is done at the either the Federal level or at the State level but titling is never completed by both at the same time. Registration and titling are distinct matters, they are not one and the same. Documentation is accomplished by the USCG and is a Federal form of titling and registration. State registration of a vessel is dependent solely upon which State the vessel resides in and for how long it [the vessel] resides in a State. The residency or nationality of the owner(s) of the vessel does not factor into the requirement of registration of the vessel with a State.

Delaware law requires the registration of all motorboats, including those powered by electric motors, if Delaware is its state of principal use. All motorboats launched from tidal access areas administered by the Division of Fish & Wildlife must be registered in Delaware or have a valid Tidal Access Boat Ramp Certificate.

Of issue with your vessel not having Delaware as the state of principal use, [or it seems to have never had use of Delaware, or any State], is that the State registration is not valid.

Also, note that a state registration does not convey nationality to a vessel under UNCLOS as a state of the United States of America is not a nation state. The vessel is not flagged by any State, flagging per say is only derived by the United State's Federal Government.


The State of Principal Use is a legally defined term which definition differs somewhat by State. By way of examples:

State of principal use means a state on whose waters a vessel is used or to be used most during a calendar year.

State of principal use means the state on whose water a vessel is used or to be used a majority of a calendar year.

State of principal use means the state where the boat is used or is to be used most during the year.

State of principal use means the state where the vessel or motor is used or, is to be used most during the year, or remains for any period in excess of sixty (60) calendar days;

For Delaware the definition is:

(29) “State of principal use” shall mean a state on whose waters a vessel is used or to be used most during a calendar year. It shall mean this State if the vessel is to be used, docked, or stowed on the waters of this State for over 60 consecutive days.


A vessel's state of principal use often changes depending on where and for how long the vessel resides within a State. That means one is required to keep your registration current with the jurisdiction that it lies. There are short periods of time upon which registration requirements are temporarily waived upon entry to a State's jurisdiction, e.g. 60 to 90 days wherein the vessels prior state registration remains valid.


Delaware law citation:

REGISTRATION, NUMBERING, AND MARKING OF VESSELS.


Section 1. Applicability.

This regulation shall apply to all vessels propelled by

any form of mechanical power, including electric trolling motors, used or placed on the waters of this State, except the following:

(1) Foreign vessels temporarily using such waters;

(2) Military or public vessels of the United States, except recreational-type public vessels;

(3) A vessel whose owner is a state or subdivision thereof, other than this State, which is used principally for governmental purposes, and which is clearly identifiable as such;

(4) A vessel used exclusively as a boat docking facility, as defined [by § 6002(46) of Title 7] [in Section 24 of this regulation], or a ship’s lifeboat; and

(5) Vessels which have been issued valid marine documents by the Coast Guard.

Section 2. Vessel Number Required.

(a) Except as provided in Section 3 of this regulation, no person shall use or place on the waters of this State a vessel to which this regulation applies unless: (1) It has a number issued on a certificate of number by this State; and (2) The number is displayed as described in Section 8 of this regulation. (b) This regulation shall not apply to a vessel for which a valid temporary certificate has been issued to its owner by the issuing authority in the state in which the vessel is principally used.

Section 3. Reciprocity.

(a) When the state of principal use is a state other than this State and the vessel is properly numbered by that state, the vessel shall be deemed in compliance with the numbering system requirements of this State in which it is temporarily used.
(b) When this State becomes the state of principal use for a vessel numbered by another state, the vessel’s current number shall be recognized as valid for a period of 60 consecutive days before numbering is required by this State.


Section 4. Other Numbers and Letters Prohibited.

No person shall use a vessel to which this regulation applies that has any letters or numbers that are not issued by an issuing authority for that vessel on its forward half. Section 5. Certificate of Number Required (Registration Card).
(a) Except as provided in Section 3 of this regulation, no person shall use a vessel to which this regulation applies unless it has on board:
. . .

I hope this information has been informative and helpful. Enjoy your new vessel. All the best.
Montanan is online now   Reply With Quote
Old 17-06-2020, 12:01   #7
Registered User

Join Date: Jun 2020
Location: South Africa
Boat: Leopard 40
Posts: 509
Re: Delaware yacht registration.

Thank you All for your very precise and informative responses.
aqfishing is offline   Reply With Quote
Old 17-06-2020, 12:24   #8
Registered User

Join Date: Mar 2019
Posts: 1,524
Re: Delaware yacht registration.

The OP isn't a U.S. citizen and therefore without some very tricky Trust work wouldn't be eligible for USCG documentation. The whole "principal use" thing in Delaware is a red herring, if the boat never sees use in any state then it's eligible by even a plain language reading of DE law and certainly how it is interpreted in practice. This was recommended to me by a professional vessel documentation expert who in my opinion really knew her stuff, and there are hundreds if not thousands of boats out there with a DE registration that have never spent a day in DE; I'd challenge anyone to provide a substantiated situation where this was an issue specifically because of the DE law language, or how DE would even enforce it outside the state (for those of you not familiar, it's a tiny state and there's probably 5 people in the entire boat registration office and only a few dozen more people in the entire state!). The real issue is that state documentation doesn't technically meet the requirements of documentation in many countries. So you're taking a risk that an official in one of those countries denies your U.S. flagged status and declares you stateless. That's probably a very small but non-zero risk. Absolutely worst case would be some sort of law enforcement action where they could treat you as if you were flagged in their country by virtue of your stateless status which we did do on occasion in the Coast Guard when a statement of no objection request came back with the claimed country denying that a boat that claimed their flag was theirs. It's up to the OP to determine if they're OK with that risk. It's potentially more of an issue for them because their citizenship doesn't match the flag, which although technically is fine might make raise flags with an over zealous official causing them to start the whole SNO process which you would want to avoid at all costs. Again though, hundreds if not thousands of boats are out cruising internationally with just a U.S. state registration so the risk isn't huge.

BTW, I'm not sure where the flag state is tied to a captain certification requirement? If that is a thing anywhere, it would only be enforced and enforceable by that country when you were in their waters. Certainly the U.S. Coast Guard wouldn't enforce that Zimbabwe, for example, required vessels flying their flag to have a certain Zimbabwe mariners license if you had the boat in U.S. waters. So if you do find a country that ties certification to the flag, as long as you never actually take the boat there it's a non-issue.
redneckrob is offline   Reply With Quote
Old 17-06-2020, 12:36   #9
Registered User
 
NorthernMac's Avatar

Join Date: Mar 2019
Boat: A185F, Mystic 30’ Cutter
Posts: 705
Re: Delaware yacht registration.

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


Opsec
NorthernMac is offline   Reply With Quote
Old 17-06-2020, 12:42   #10
Registered User
 
Jammer's Avatar

Join Date: Jan 2010
Location: Minnesota
Boat: Hunter 26
Posts: 2,768
Re: Delaware yacht registration.

Quote:
Originally Posted by aqfishing View Post
Or have I got this all wrong??

Usually foreign-owned vessels that never come to the USA that have a "Delaware registration" are owned by a Delaware corporation and documented with the U.S. Coast Guard. This differs from the actual registration in the state of Delaware (which is what people are talking about upthread).


Technically these boats are not eligible for documentation under U.S. law, and even if they were, they would have to be operated by a captain who is a U.S. citizen. But many owners of boats in the Mediterranean that will never be brought to the United States choose to ignore these technicalities given that there is no enforcement of U.S. law in the Mediterranean and that there are significant benefits to the boat owner, as you describe.


I would suggest you obtain legal advice from a reputable source before proceeding.


And be aware that there could be significant difficulties if the yacht were brought to the United States (including, say, Puerto Rico or the USVI) under such an arrangement.
Jammer is offline   Reply With Quote
Old 17-06-2020, 14:35   #11
Registered User

Join Date: Oct 2014
Posts: 5,909
Re: Delaware yacht registration.

Additionally, Delaware is a registration only State. Delaware does not provide for recordation or issuance of titles to vessels.

Although current registration certificates may be recognized in some cases, as a "quasi-proof", or more accurately stated, a having made "a claim of ownership" document, they do not qualify as official titles when it comes to establishing security interests, and are not proof of ownership.

IN BIG BOLD PRINT AT THE TOP OF THE STATE OF DELAWARE'S VESSEL REGISTRATION APPLICATION DOCUMENT IS LISTED THIS STATEMENT:

NOTICE: VESSELS CAN ONLY BE REGISTERED IN THE STATE OF PRINCIPLE OPERATION *. [If you do not use your vessel in Delaware waters more often than waters of another state during the calendar year, you can not register your vessel in Delaware.]

And in the upper right corner the application further references: State of Principle Use*DELAWARE.

At the bottom of the application, one must initial in several places and sign under penalty of perjury that Delaware is the State of Principle Use and that the registered owner acknowledges they will contact the Division of Fish and Wildlife within 15 days if the vessel is no longer principally operated in the waters of Delaware. The definition of State of Principle Use is explicitly denoted at the end of the application. Reference image attached below.

Reference the application form linked here: http://www.dnrec.delaware.gov/fw/Ser...AT_REG_APP.pdf


I just spoke with the Ms. Vicki Rhodes, the contact person for Delaware's Division of Fish and Wildlife for vessel registration and she indicated that some persons do in fact register their vessel in Delaware for vessels that never are in Delaware waters. The stated registered owner receives a registration certificate, albeit inappropriately, because it would be based on false statements and the application document has been specifically printed so as to highlight that registration is only allowed for boats which have Delaware as the State of Principle Use. She also indicated that she does receives request from vessel owners for additional documents that they can use to show titling and / or ownership but which the State of Delaware can not and does not have provide for issuance of titles. She did say, that the State of Delaware does not have means to know that a vessel is not operating in Delaware as the State of its Principle Use; they rely on the boat owner to make valid and correct statements and to keep the State informed of changes in the vessels status of principle place of use.

By way of example, she just got through discussing such subject with a boat owner that wishes to enter the waters of the UK with their Delaware register certificate document [credit card like object] and was seeking additional documentation, she told them they were rather out of luck, as they only have the Delaware registration certificate card as their official document. Note that there not being "reciprocity" between Delaware as a State of the USA and the UK as a nation state as to validity of registration for temporary recognition of using a foreign State's numbering as a valid vessel registration for which reciprocity is customarily granted between the individual States of the USA. Reference my earlier post in regard to Delaware law section titled Reciprocity.

The Delaware registration consists of:

A “Credit card like” plastic registration certificate bearing very brief relevant data on the face and owners signature on the back which must be kept aboard the vessel at all times. See image below. The certificate will display in two letter code abbreviations for each of the following information about the vessel:
Hull Material, e.g., Fl for fiberglass
Propulsion Type e.g. Sl for sail
Use / Primary Operation: e.g. PL for pleasure boating.
Vessel type: e.g., AS for auxiliary sail; SO for sail only.
Fuel: e.g., Dl for diesel.
Engine drive type: IN for inboard.
Length: In feet.
Year built: Year.

Computer printout of the Registrar’s system.

Two stickers called “decals” which are proof of validity and tax paid period.


Reference link for Delaware's website for More Information copied below: https://dnrec.alpha.delaware.gov/fis.../registration/

"A vessel must be registered in its “State of Principal Use.” That is the state on whose waters the vessel is used or to be used most during a calendar year. Delaware regulations state that if the vessel is to be used, docked, or stowed on the waters of this State for over 60 consecutive days, Delaware is its “State of Principal Use.”

If the boat is titled in another state the original title must be submitted and will be kept. If the boat comes from a registering state then the registration is required with a notarized bill of sale. If the boat is new, the manufacturer’s original certificate of origin (MCO) must be submitted. All paperwork must include the vessel hull identification number. If the boat is currently registered in Delaware, the old registration card is required with a notarized Bill of Sale including a description of the boat. A notarized bill of sale is not needed if both buyer and seller appear in person with picture IDs.

Homemade boats must be registered at the Dover Office (initial registration only). Copies of invoices for materials, builder’s notarized statement with description and a picture of the vessel, and witness notarized statement regarding builder and description of vessel must be provided.

In cases involving a deceased owner, registrants will need a copy of the Death Certificate, short form of the will stating the administrator, and if sold, a notarized bill of sale from the estate."



On a related topic, Delaware does permit Non-residents to title and register their trailers but with the requirement of executing an affidavit which specifically states that the trailer will only be used in Delaware. The trailer is not permitted to leave the State unless it becomes de-titled and de-registered from Delaware and re-registered with a different state in which it will be used. Affidavit is copied and linked below:

https://dmv.de.gov/forms/other_forms...=1592428120274

STATE OF DELAWARE
AFFIDAVIT FOR TITLING/REGISTERING
OF TRAILERS FOR NON-RESIDENT OWNERS

Delaware law allows individuals who are not bonafide residents of Delaware to title and register trailers in Delaware. The Owner must provide proof of a Delaware address and sign this declaration. The trailer must remain in Delaware at all times.

. . .

I certify under penalty of perjury that the statement herein are correct to the best of my knowledge, information and belief. The trailer will remain in Delaware at all times.
______________________________________
Signature of Owner
______________________________________
Printed Name of Owner

NOTE: In the case of multiple owners, only one owner needs to sign this affidavit.
Attached Thumbnails
Click image for larger version

Name:	Delaware registration certificate.PNG
Views:	222
Size:	233.6 KB
ID:	217586   Click image for larger version

Name:	Delaware vessel registration certificate.PNG
Views:	228
Size:	240.7 KB
ID:	217587  

Click image for larger version

Name:	Acknoledgement and signature Delaware vessel registration.PNG
Views:	90
Size:	145.4 KB
ID:	217588  
Montanan is online now   Reply With Quote
Old 17-06-2020, 15:43   #12
Registered User

Join Date: Mar 2019
Posts: 1,524
Re: Delaware yacht registration.

Quote:
Originally Posted by Montanan View Post
Additionally, Delaware is a registration only State. Delaware does not provide for recordation or issuance of titles to vessels.

Although current registration certificates may be recognized in some cases, as a "quasi-proof", or more accurately stated, a having made "a claim of ownership" document, they do not qualify as official titles when it comes to establishing security interests, and are not proof of ownership.

IN BIG BOLD PRINT AT THE TOP OF THE STATE OF DELAWARE'S VESSEL REGISTRATION APPLICATION DOCUMENT IS LISTED THIS STATEMENT:

NOTICE: VESSELS CAN ONLY BE REGISTERED IN THE STATE OF PRINCIPLE OPERATION *. [If you do not use your vessel in Delaware waters more often than waters of another state during the calendar year, you can not register your vessel in Delaware.]

And in the upper right corner the application further references: State of Principle Use*DELAWARE.

At the bottom of the application, one must initial in several places and sign under penalty of perjury that Delaware is the State of Principle Use and that the registered owner acknowledges they will contact the Division of Fish and Wildlife within 15 days if the vessel is no longer principally operated in the waters of Delaware. The definition of State of Principle Use is explicitly denoted at the end of the application. Reference image attached below.

Reference the application form linked here: http://www.dnrec.delaware.gov/fw/Ser...AT_REG_APP.pdf


I just spoke with the Ms. Vicki Rhodes, the contact person for Delaware's Division of Fish and Wildlife for vessel registration and she indicated that some persons do in fact register their vessel in Delaware for vessels that never are in Delaware waters. The stated registered owner receives a registration certificate, albeit inappropriately, because it would be based on false statements and the application document has been specifically printed so as to highlight that registration is only allowed for boats which have Delaware as the State of Principle Use. She also indicated that she does receives request from vessel owners for additional documents that they can use to show titling and / or ownership but which the State of Delaware can not and does not have provide for issuance of titles. She did say, that the State of Delaware does not have means to know that a vessel is not operating in Delaware as the State of its Principle Use; they rely on the boat owner to make valid and correct statements and to keep the State informed of changes in the vessels status of principle place of use.

By way of example, she just got through discussing such subject with a boat owner that wishes to enter the waters of the UK with their Delaware register certificate document [credit card like object] and was seeking additional documentation, she told them they were rather out of luck, as they only have the Delaware registration certificate card as their official document. Note that there not being "reciprocity" between Delaware as a State of the USA and the UK as a nation state as to validity of registration for temporary recognition of using a foreign State's numbering as a valid vessel registration for which reciprocity is customarily granted between the individual States of the USA. Reference my earlier post in regard to Delaware law section titled Reciprocity.

The Delaware registration consists of:

A “Credit card like” plastic registration certificate bearing very brief relevant data on the face and owners signature on the back which must be kept aboard the vessel at all times. See image below. The certificate will display in two letter code abbreviations for each of the following information about the vessel:
Hull Material, e.g., Fl for fiberglass
Propulsion Type e.g. Sl for sail
Use / Primary Operation: e.g. PL for pleasure boating.
Vessel type: e.g., AS for auxiliary sail; SO for sail only.
Fuel: e.g., Dl for diesel.
Engine drive type: IN for inboard.
Length: In feet.
Year built: Year.

Computer printout of the Registrar’s system.

Two stickers called “decals” which are proof of validity and tax paid period.


Reference link for Delaware's website for More Information copied below: https://dnrec.alpha.delaware.gov/fis.../registration/

"A vessel must be registered in its “State of Principal Use.” That is the state on whose waters the vessel is used or to be used most during a calendar year. Delaware regulations state that if the vessel is to be used, docked, or stowed on the waters of this State for over 60 consecutive days, Delaware is its “State of Principal Use.”

If the boat is titled in another state the original title must be submitted and will be kept. If the boat comes from a registering state then the registration is required with a notarized bill of sale. If the boat is new, the manufacturer’s original certificate of origin (MCO) must be submitted. All paperwork must include the vessel hull identification number. If the boat is currently registered in Delaware, the old registration card is required with a notarized Bill of Sale including a description of the boat. A notarized bill of sale is not needed if both buyer and seller appear in person with picture IDs.

Homemade boats must be registered at the Dover Office (initial registration only). Copies of invoices for materials, builder’s notarized statement with description and a picture of the vessel, and witness notarized statement regarding builder and description of vessel must be provided.

In cases involving a deceased owner, registrants will need a copy of the Death Certificate, short form of the will stating the administrator, and if sold, a notarized bill of sale from the estate."



On a related topic, Delaware does permit Non-residents to title and register their trailers but with the requirement of executing an affidavit which specifically states that the trailer will only be used in Delaware. The trailer is not permitted to leave the State unless it becomes de-titled and de-registered from Delaware and re-registered with a different state in which it will be used. Affidavit is copied and linked below:

https://dmv.de.gov/forms/other_forms...=1592428120274

STATE OF DELAWARE
AFFIDAVIT FOR TITLING/REGISTERING
OF TRAILERS FOR NON-RESIDENT OWNERS

Delaware law allows individuals who are not bonafide residents of Delaware to title and register trailers in Delaware. The Owner must provide proof of a Delaware address and sign this declaration. The trailer must remain in Delaware at all times.

. . .

I certify under penalty of perjury that the statement herein are correct to the best of my knowledge, information and belief. The trailer will remain in Delaware at all times.
______________________________________
Signature of Owner
______________________________________
Printed Name of Owner

NOTE: In the case of multiple owners, only one owner needs to sign this affidavit.
If you use your boat for 0 days in Delaware waters and 0 days in another state's waters then although it's an awkward double negative and you have to be comfortable with the concept of zero, you would meet the requirement of "If you do not use your vessel in Delaware waters more often than waters of another state during the calendar year, you can not register your vessel in Delaware." If you look at the surrounding law, it's clearly designed to ensure you don't use your boat more in another state than you do in Delaware. If they wanted to ensure that boats had at least some use in Delaware they would clearly state something to the effect of "The boat must spend at least part of each year in Delaware" or "1 day per year in Delaware". As it's written, it would be completely unenforceable to rely on the current language to enforce a requirement that the boat spend some time in Delaware each year. And given the absence of any concrete examples, it's clear it's at least unenforced and realistically unenforceable, therefore it's really a moot point that doesn't bear repeating every time this subject comes up. Or if you must, at least point out that your discussion on the matter is purely academic and has no bearing on any actual issues a boater might face in the interest of providing useful information people can actually put to use.
redneckrob is offline   Reply With Quote
Old 17-06-2020, 18:03   #13
Registered User

Join Date: Oct 2014
Posts: 5,909
Re: Delaware yacht registration.

A vessel registered by the State of Delaware does not obtain USA nationality under UNCLOS.

Accordingly it will be assimilated as a vessel without nationality and will not receive the rights, obligations and benefits associated with such nationality.

Snipets of UNCLOS as to navigation and vessels.

SECTION 3. INNOCENT PASSAGE IN THE TERRITORIAL SEA

Subsection A. Rules Applicable to All Ships

Article 17. Right of innocent passage

Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.

Article 18. Meaning of passage

1. Passage means navigation through the territorial sea for the purpose of:

(a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or

(b) proceeding to or from internal waters or a call at such roadstead or port facility.

2. Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.

Article 19. Meaning of innocent passage

1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law.

Article 24. Duties of the coastal State

1. The coastal State shall not hamper the innocent passage of foreign ships through the territorial sea except in accordance with this Convention. In particular, in the application of this Convention or of any laws or regulations adopted in conformity with this Convention, the coastal State shall not:

(a) impose requirements on foreign ships which have the practical effect of denying or impairing the right of innocent passage; or

(b) discriminate in form or in fact against the ships of any State or against ships carrying cargoes to, from or on behalf of any State.

2. The coastal State shall give appropriate publicity to any danger to navigation, of which it has knowledge, within its territorial sea.

Article 25. Rights of protection of the coastal State

1. The coastal State may take the necessary steps in its territorial sea to prevent passage which is not innocent.

2. In the case of ships proceeding to internal waters or a call at a port facility outside internal waters, the coastal State also has the right to take the necessary steps to prevent any breach of the conditions to which admission of those ships to internal waters or such a call is subject.

3. The coastal State may, without discrimination in form or in fact among foreign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security, including weapons exercises. Such suspension shall take effect only after having been duly published.

Article 26. Charges which may be levied upon foreign ships

1. No charge may be levied upon foreign ships by reason only of their passage through the territorial sea.

2. Charges may be levied upon a foreign ship passing through the territorial sea as payment only for specific services rendered to the ship. These charges shall be levied without discrimination.

Article 27. Criminal jurisdiction on board a foreign ship

1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage, save only in the following cases:

(a) if the consequences of the crime extend to the coastal State;

(b) if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea;

(c) if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State; or

(d) if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances.

2. The above provisions do not affect the right of the coastal State to take any steps authorized by its laws for the purpose of an arrest or investigation on board a foreign ship passing through the territorial sea after leaving internal waters.

3. In the cases provided for in paragraphs 1 and 2, the coastal State shall, if the master so requests, notify a diplomatic agent or consular officer of the flag State before taking any steps, and shall facilitate contact between such agent or officer and the ship's crew. In cases of emergency this notification may be communicated while the measures are being taken.

4. In considering whether or in what manner an arrest should be made, the local authorities shall have due regard to the interests of navigation.

5. Except as provided in Part XII or with respect to violations of laws and regulations adopted in accordance with Part V, the coastal State may not take any steps on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed before the ship entered the territorial sea, if the ship, proceeding from a foreign port, is only passing through the territorial sea without entering internal waters.

Article 28. Civil jurisdiction in relation to foreign ships

1. The coastal State should not stop or divert a foreign ship passing through the territorial sea for the purpose of exercising civil jurisdiction in relation to a person on board the ship.

2. The coastal State may not levy execution against or arrest the ship for the purpose of any civil proceedings, save only in respect of obligations or liabilities assumed or incurred by the ship itself in the course or for the purpose of its voyage through the waters of the coastal State.

3. Paragraph 2 is without prejudice to the right of the coastal State, in accordance with its laws, to levy execution against or to arrest, for the purpose of any civil proceedings, a foreign ship lying in the territorial sea, or passing through the territorial sea after leaving
internal waters.

Article 90. Right of navigation

Every State, whether coastal or land-locked, has the right to sail ships flying its flag on the high seas.

Article 91. Nationality of ships

1. Every State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the State whose flag they are entitled to fly. There must exist a genuine link between the State and the ship.

2. Every State shall issue to ships to which it has granted the right to fly its flag documents to that effect.

Article 92. Status of ships

1. Ships shall sail under the flag of one State only and, save in exceptional cases expressly provided for in international treaties or in this Convention, shall be subject to its exclusive jurisdiction on the high seas. A ship may not change its flag during a voyage or while in a port of call, save in the case of a real transfer of ownership or change of registry.


2. A ship which sails under the flags of two or more States, using them according to convenience, may not claim any of the nationalities in question with respect to any other State, and may be assimilated to a ship without nationality.

Article 94. Duties of the flag State

1. Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.

2. In particular every State shall:

(a) maintain a register of ships containing the names and particulars of ships flying its flag, except those which are excluded from generally accepted international regulations on account of their small size; and

(b) assume jurisdiction under its internal law over each ship flying its flag and its master, officers and crew in respect of adminis trative, technical and social matters concerning the ship.

3. Every State shall take such measures for ships flying its flag as are necessary to ensure safety at sea with regard, inter alia, to:

(a) the construction, equipment and seaworthiness of ships;

(b) the manning of ships, labour conditions and the training of crews, taking into account the applicable international instruments;

(c) the use of signals, the maintenance of communications and the prevention of collisions.

4. Such measures shall include those necessary to ensure:

(a) that each ship, before registration and thereafter at appropriate intervals, is surveyed by a qualified surveyor of ships, and has on board such charts, nautical publications and navigational equipment and instruments as are appropriate for the safe navigation of the ship

(b) that each ship is in the charge of a master and officers who possess appropriate qualifications, in particular in seamanship, navigation, communications and marine engineering, and that the crew is appropriate in qualification and numbers for the type, size, machinery and equipment of the ship;

(c) that the master, officers and, to the extent appropriate, the crew are fully conversant with and required to observe the applicable international regulations concerning the safety of life at sea, the prevention of collisions, the prevention, reduction and control of marine pollution, and the maintenance of communications by radio.

5. In taking the measures called for in paragraphs 3 and 4 each State is required to conform to generally accepted international regulations, procedures and practices and to take any steps which may be necessary to secure their observance.

6. A State which has clear grounds to believe that proper jurisdiction and control with respect to a ship have not been exercised may report the facts to the flag State. Upon receiving such a report, the flag State shall investigate the matter and, if appropriate, take any action necessary to remedy the situation.

7. Each State shall cause an inquiry to be held by or before a suitably qualified person or persons into every marine casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or serious injury to nationals of another State or serious damage to ships or installations of another State or to the marine environment. The flag State and the other State shall co-operate in the conduct of any inquiry held by that other State into any such marine casualty or incident of navigation.

Article 97. Penal jurisdiction in matters of collision or any other incident of navigation

1. In the event of a collision or any other incident of navigation concerning a ship on the high seas, involving the penal or disciplinary responsibility of the master or of any other person in the service of the ship, no penal or disciplinary proceedings may be instituted against such person except before the judicial or administrative authorities either of the flag State or of the State of which such person is a national.

2. In disciplinary matters, the State which has issued a master's certificate or a certificate of competence or licence shall alone be competent after due legal process, to pronounce the withdrawal of such certificates, even if the holder is not a national of the State which issued them.

3. No arrest or detention of the ship, even as a measure of investigation, shall be ordered by any authorities other than those of the flag State.

Article 98. Duty to render assistance

1. Every State shall require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers;

(a) to render assistance to any person found at sea in danger of being lost;

(b) to proceed with all possible speed to the rescue of persons in distress, if informed of their need of assistance, in so far as such action may reasonably be expected of him;

(c) after a collision, to render assistance to the other ship, its crew and its passengers and, where possible, to inform the other ship of the name of his own ship, its port of registry and the nearest port at which it will call.

2. Every coastal State shall promote the establishment, operation and maintenance of an adequate and effective search and rescue service regarding safety on and over the sea and, where circumstances so require, by way of mutual regional arrangements co-operate with neighbouring States for this purpose.

Article 100. Duty to co-operate in the repression of piracy

All States shall co-operate to the fullest possible extent in the repression of piracy on the high seas or in any other place outside the jurisdiction of any State.

Article 101. Definition of piracy

Piracy consists of any of the following acts:

(a) any illegal acts of violence or detention, or any act of depreda tion, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:

(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or air-craft;

(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;

(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;

(c) any act of inciting or of intentionally facilitating an act des cribed in subparagraph (a) or (b).

Article 102. Piracy by a warship, government ship or government aircraft whose crew has mutinied

The acts of piracy, as defined in article 101, committed by a warship, government ship or government aircraft whose crew has mutinied and taken control of the ship or aircraft are assimilated to acts committed by a private ship or aircraft.

Article 103. Definition of a pirate ship or aircraft

A ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons in dominant control to be used for the purpose of committing one of the acts referred to in article 101. The same applies if the ship or aircraft has been used to commit any such act, so long as it remains under the control of the persons guilty of that act.

Article 104. Retention or loss of the nationality of a pirate ship or aircraft

A ship or aircraft may retain its nationality although it has become a pirate ship or aircraft. The retention or loss of nationality is determined by the law of the State from which such nationality was derived.

Article 105. Seizure of a pirate ship or aircraft

On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board. The courts of the State which carried out the seizure may decide upon the penalties to be imposed, and may also determine the action to be taken with regard to the ships, aircraft or property, subject to the rights of third parties acting in good faith.

Article 106. Liability for seizure without ad equate grounds

Where the seizure of a ship or aircraft on suspicion of piracy has been effected without adequate grounds, the State making the seizure shall be liable to the State the nationality of which is possessed by the ship or aircraft for any loss or damage caused by the seizure.

Article 107. Ships and aircraft which are entitled to seize on account of piracy

A seizure on account of piracy may be carried out only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect.

Article 108. Illicit traffic in narcotic drugs or psychotropic substances

1. All States shall co-operate in the suppression of illicit traffic in narcotic drugs and psychotropic substances engaged in by ships on the high seas contrary to international conventions.

2. Any State which has reasonable grounds for believing that a ship flying its flag is engaged in illicit traffic in narcotic drugs or psychotropic substances may request the co-operation of other States to suppress such traffic.

Article 109. Unauthorized broadcasting from the high seas

1. All States shall co-operate in the suppression of unauthorized broadcasting from the high seas.

2. For the purposes of this Convention, 'unauthorized broadcasting' means the transmission of sound radio or television broadcasts from a ship or installation on the high seas intended-for reception by the general public contrary to international regulations, but excluding the transmission of distress calls.

3. Any person engaged in unauthorized broadcasting may be prosecuted before the court of:

(a) the flag State of the ship;
(b) the State of registry of the installation;
(c) the State of which the person is a national;
(d ) any State where the transmissions can be received; or
(e) any State where authorized radio communication is suffering interference.

4. On the high seas, a State having jurisdiction in accordance with paragraph 3 may, in conformity with article 110, arrest any person or ship engaged in unauthorized broadcasting and seize the broadcasting apparatus.

Article 110. Right of visit

1. Except where acts of interference derive from powers conferred by treaty, a warship which encounters on the high seas a foreign ship, other than a ship entitled to complete immunity in accordance with articles 95 and 96, is not justified in boarding it unless there is reasonable ground for suspecting that:

(a) the ship is engaged in piracy;
(b) the ship is engaged in the slave trade;
(c) the ship is engaged in unauthorized broadcasting and the flag
State of the warship has jurisdiction under article 109;
(d ) the ship is without nationality; or
(e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship.


2. In the cases provided for in paragraph 1, the warship may proceed to verify the ship's right to fly its flag. To this end, it may send a boat under the command of an officer to the suspected ship. If suspicion remains after the documents have been checked, it may proceed to a further examination on board the ship, which must be carried out with all possible consideration.

3. If the suspicions prove to be unfounded, and provided that the ship boarded has not committed any act justifying them, it shall be compensated for any loss or damage that may have been sustained.

4. These provisions apply mutatis mutandis to military aircraft.

5. These provisions also apply to any other duly authorized ships or aircraft clearly marked and identifiable as being on government service.
Montanan is online now   Reply With Quote
Old 17-06-2020, 19:06   #14
Registered User
 
NorthernMac's Avatar

Join Date: Mar 2019
Boat: A185F, Mystic 30’ Cutter
Posts: 705
Re: Delaware yacht registration.

Could someone please cite a case where a boat was denied any protection because it was state registered vs USCG documented?
NorthernMac is offline   Reply With Quote
Old 18-06-2020, 04:35   #15
Registered User

Join Date: Jun 2020
Location: South Africa
Boat: Leopard 40
Posts: 509
Re: Delaware yacht registration.

Quote:
Originally Posted by NorthernMac View Post
Could someone please cite a case where a boat was denied any protection because it was state registered vs USCG documented?
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??
aqfishing is offline   Reply With Quote
Reply

Tags
registration, yacht

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Delaware Yacht registration markram General Sailing Forum 15 07-03-2020 10:00
Delaware registration for non US citizen lorenzoSF Rules of the Road, Regulations & Red Tape 14 16-11-2015 23:43
Registration of Foreign Yachts in Delaware Grees1896 Rules of the Road, Regulations & Red Tape 5 01-12-2010 14:43

Advertise Here


All times are GMT -7. The time now is 17:30.


Google+
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2022, vBulletin Solutions, Inc.
Social Knowledge Networks
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2022, vBulletin Solutions, Inc.

ShowCase vBulletin Plugins by Drive Thru Online, Inc.