THE REQUIREMENT OF A CERTIFICATE OF DOCUMENTATION (COD) 

Written By CDR Evan Hudspeth

According to 46 CFR § 67.7, “Any vessel of at least five net tons which 

engages in the fisheries on the navigable waters or the United States or in the 

Exclusive Economic Zone, or coastwise trade... must have a Certificate of 

Documentation bearing a valid endorsement appropriate for the activity in 

which engaged.” Commercial vessel owners and Coast Guard enforcement 

personnel alike should be aware of the two elements of this regulation so as to 

ensure that relevant evidence is before the Hearing Officer. 

The first element is that the vessel must be at least five net tons. For vessel 

documentation purposes, gross and net tonnage of a vessel must be determined 

in accordance with 46 CFR Part 69 (the details of which are beyond the scope 

of this article). So, in order to meet this element of an alleged violation, some 

evidence showing the net tonnage should be included in the case file. A 

tonnage certificate or some other reliable record showing the vessel’s net 

tonnage is the best evidence that a vessel is eligible for documentation. Please 

note that the results of calculations made using “MISLE” are not helpful unless 

the calculations are printed out and included in the case file, along with 

evidence describing who performed the calculations and how the information 

used to perform the calculations was obtained.

The second element addresses whether the commercial vessel is engaged in 

either the fisheries or coastwise trade. If engaged “in the fisheries on the 

navigable waters or the United States or in the Exclusive Economic Zone,” then 

a COD is required, which must contain a fishery endorsement. Regulation 46 

CFR § 67.21 explains that, “A fishery endorsement entitles a vessel to 

employment in the fisheries as defined in § 67.3 subject to Federal and State 

laws regulating the fisheries, and in any other employment for which a registry 

or coastwise endorsement is not required. A fishery endorsement entitles a 

vessel to land its catch, wherever caught, in the United States.”

Regulation 46 CFR § 67.3, “Definitions,” explains that “Fisheries includes 

processing, storing, transporting (except in foreign commerce), planting, 

cultivating, catching, taking, or harvesting fish, shellfish, marine animals, 
pearls, shells, or marine vegetation in the navigable waters of the United States 

or in the Exclusive Economic Zone.” It is important to keep in mind that, 

although a vessel may be designed for the purpose of commercial fishing, that 

fact alone does not show that the vessel is being used for that purpose 

(“engages in the fisheries”). Quite often a simple statement by the boarding 

officer concerning relevant observations (fish in hold, nets deployed, etc.) will 

suffice, but in order to meet this element of the alleged violation, some form of 

evidence should be in the case file for the Hearing Officer’s consideration.

Alternatively, if engaged in “coastwise trade,” then a COD with a coastwise 

endorsement is required. Regulation 46 CFR § 67.19 explains that, “A 

coastwise endorsement entitles a vessel to employment in unrestricted 

coastwise trade, dredging, towing, and any other employment for which a 

registry or fishery endorsement is not required.” 

Additionally, 46 CFR § 67.3 explains that, “Coastwise trade includes the 

transportation of passengers or merchandise between points embraced within 

the coastwise laws of the United States.” Again, it is important to remember 

that the design of a vessel does not necessarily indicate a vessel’s engagement 

in a particular activity. Information concerning the vessel’s origination, 

destination, cargo, passengers, and activity (towing, dredging, transporting, 

etc.) is necessary to meet this element of the alleged violation, and should be in 

the case file. If a vessel is engaged in commercial activity that does not clearly 

require a coastwise endorsement, evidence that the activity constitutes 

coastwise trade, such as an opinion from Customs and Border Protection, may 

be necessary to prove a violation.