Section 11.13 Vessel Status

• Library: Tort Law 2016

J. (§11.13) Vessel Status

With regard to admiralty jurisdiction, the determination of vessel status becomes especially important in the context of in rem proceedings, which require as their basis a maritime lien. The Rock Island Bridge, 73 U.S. (6 Wall.) 213, 215 (1867). "‘A maritime lien is a special property right in a ship given to a creditor by law as security for a debt or claim,’ and it attaches ‘the moment the debt arises.’" Crimson Yachts v. Betty Lyn II Motor Yacht, 603 F.3d 864, 868 (11^th Cir. 2010) (citing Dresdner Bank AG v. M/V Olympia Voyager, 465 F.3d 1267, 1272 (11^th Cir. 2006)). Proceeding in rem against a vessel is distinctively grounded in admiralty and within the exclusive jurisdiction of the federal courts. Am. Dredging Co. v. Miller, 510 U.S. 443, 446–47 (1994).

Defining a "vessel" is therefore important. The Rules of Construction Act, 61 Stat. 633, defines "vessel" to include "every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water." 1 U.S.C. § 3. This definition is applicable to any case arising out of the United States Code.

In an earlier case addressing the issue, the U.S. Supreme Court found that a wharfboat was not a "vessel." Evansville & Bowling Green Packet Co. v. Chero Cola Bottling Co., 271 U.S. 19 (1926). In support of this decision, the Court explained that, inter alia, the wharfboat:

· was not used to move freight

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