: By what authority can the federal government compel the states to require
: HINs? The federal government cannot compel the states to adopt a
: particular approach to the transport and disposal of hazardous waste. New
: York v. United States. The federal government cannot even compel state law
: enforcement officers to perform background checks on gun buyers. Printz v.
: United States.

I don't believe that the federal gov is compelling any *state* in this matter. I believe the federal government has laws which apply directly to the manufacturers of boats, just as they do with manufacturers of automobiles, for example, mandating certain bumper heights, installation of seatbelts, and serial numbers on automobiles. I believe serial numbers are required on firearms, too. Similarly, the Coast Guard has laws about required lighting, life preserver usage, and right-of-way.

Congress has a right to establish these laws, just like they have a right to pass other laws that affect citizens across the country. In this case they seem to have given the job of enforcement to the Coast Guard. I believe George Roberts has previously posted the chapter and verse of their requirements, so if you want to dig in the archives, it is there.

If you are in a landlocked state you may never see the Coast Guard, and they may never see you, so NOT having a Hull Identification Number would be moot.

Rather than being compelled, however, many states seem to be happy to take advantage of these federally required identification numbers. If the state doesn't care about using this number for some boats, they have the right to ignore it. They use them for identification and registration so they can hit boaters with additional taxes and fees. Since these fees are used for improvements to public docks, launching areas and shorelines, I encourage you to register your boat with the state, and kick in the few dollars.

States which have experience with the many varieties of watercraft seem to be flexible in the rules they apply to particular styles. For example, they stomp on the new motorized personal watercraft. Anything that is 10 feet long and has 80 horsepower is obviously not going to be treated the same as a non-motortized 16 foot long canoe. Rules can change if you add a motor, or a sail to that canoe, though.

One other thought about HINs. Should you ever try to sell a boat you will need to provide a legal title to the buyer. When you buy a car (or boat) your title is registered with the state. They like to have a standard ID number for these things, and the HIN is what they commonly use.

When I registered my home-made strip canoe with Illinois they provided me with a HIN. At the time I did not realize it. It was only after all the discussions about this matter on this board that I even noticed the number when I re-registered the boat. As the manufacturer of the boat I was the originator of the process of titling and registering the boat. In this case the state assisted by providing the HIN. If I was making LOTS of boats I'd probably deal directly with the Coast Guard and they would give me the guidelines for creating whatever HINs I needed.

Of course if I was making LOTS of boats I'd probably have to deal with LOTS of federal agencies: OSHA, IRS, SBA, etc., but that is another story.

Paul G. Jacobson