VES-3-02-OT: RR:BSTC:CCI H009541 GG
Ms. Joné Buchan
Maersk Line Los Angeles
APM Terminals
2500 Navy Way
Terminal Island, CA 90731
RE: Coastwise Transportation; 46 U.S.C. § 55103; 19 CFR § 4.50(b)
Dear Ms. Buchan:
This is in response to your correspondence of April 11, 2007, in which you inquire about the coastwise transportation of two individuals. Our ruling is set forth below.
FACTS
You ask whether two scientists from the Smithsonian Research Center may be transported on the non-coastwise-qualified vessel M/V SINE (the “vessel”), from Long Beach, California to Tacoma, Washington during the period from April 23, 2007 to April 25, 2007, for the purpose of protecting our marine environment from invasive species by sampling ballast water sources for chemical signatures. These two scientists are contracted by the U.S. Coast Guard, the State of California and the National Oceanic and Atmospheric Administration.
ISSUE
Whether the subject individuals are “passengers” within the meaning of 46 U.S.C. § 55103 and 19 CFR § 4.50(b).
LAW AND ANALYSIS
Generally, the coastwise laws prohibit the transportation of passengers or merchandise between points in the United States embraced within the coastwise laws in any vessel other than a vessel built in, documented under the laws of, and owned by citizens of the United States. Such a vessel, after it has obtained a coastwise endorsement from the U.S. Coast Guard, is said to be “coastwise qualified.”
The coastwise laws generally apply to points in the territorial sea, which is defined as the belt, three nautical miles wide, seaward of the territorial sea baseline, and to points located in internal waters, landward of the territorial sea baseline.
The coastwise law applicable to the carriage of passengers is found in 46 U.S.C. § 55103 (recodified by Pub. L. 109-304, enacted on October 6, 2006) and provides that:
(a) In General. Except as otherwise provided in this chapter or chapter 121 of this title, a vessel may not transport passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port, unless the vessel--
(1) is wholly owned by citizens of the United States for purposes of engaging in the coastwise trade; and
(2) has been issued a certificate of documentation with a coastwise endorsement under chapter 121 or is exempt from documentation but would otherwise be eligible for such a certificate and endorsement.
(b) Penalty. The penalty for violating subsection (a) is $300 for each passenger transported and landed.
Section 4.50(b), U.S. Customs and Border Protection (“CBP”) Regulations (19 CFR § 4.50(b)) provides as follows:
A passenger within the meaning of this part is any person carried on a vessel who is not connected with the operation of such vessel, her navigation, ownership, or business.
You state that the subject individuals will be transported on the vessel for the purpose of sampling the water ballast source coastwise, mid-ocean and in port waters for chemical signatures in order to protect our marine environment from invasive species. In this context, and in accordance with previous Headquarters rulings, Customs (now CBP) has long held that the use of a vessel to engage in oceanographic research is not a use in coastwise trade. We have held that the use of non-coastwise-qualified vessels to engage in oceanographic research, including the transportation of persons participating in the research from, to, and between research sites in United States territorial waters, whether or not the persons participating in the research temporarily leave the vessels at the research sites, would not violate the coastwise laws. We have held that the collection of marine specimens at the research sites and the transportation of those specimens from the research sites to points in the United States would not violate the coastwise laws. Of course, if such a vessel transported between coastwise points, or provided part of the transportation between coastwise points of, any persons other than the vessel crew and scientists engaged in the oceanographic research or any merchandise other than the usual supplies and equipment necessary for that research and/or research specimens or samples, the coastwise laws would be violated (Headquarters rulings 110399, dated August 23, 1989, and 112992, dated January 12, 1994).
The vessel under consideration is prohibited from engaging in the coastwise trade. However, we conclude that the use of the vessel as described, to collect ballast water samples from coastwise, mid-ocean and port waters used to assess its chemical signature in order to protect our marine environment from invasive species, is considered oceanographic research. The transportation of the scientists who collect and work on the data and samples to, from, and between collection sites in United States territorial waters in the vessel under consideration would not violate the coastwise laws. Parenthetically, we note that neither would the transportation of the samples collected from the coastwise, mid-ocean and port waters where they are brought onto the vessel to the points where they are removed from the vessel to shore violate the merchandise coastwise laws (46 U.S.C. § 55102). Therefore, we determine that the subject individuals are not “passengers” within the meaning of 46 U.S.C. § 55103 and 19 CFR § 4.50(b). Accordingly, the coastwise transportation of such individuals is not in violation of 46 U.S.C. § 55103.
HOLDING
The subject individuals described above are not “passengers” within the meaning of 46 U.S.C. § 55103 and 19 CFR § 4.50(b). Therefore, the coastwise transportation of such individuals is not in violation of 46 U.S.C. § 55103.
Sincerely,
Glen E. Vereb
Chief
Cargo Security, Carriers and Immigration Branch