OT:RR:CCR H344349 HKC
Mr. Haakon Vatle, CEO
Stiftelsen Seilskipet Statsraad Lehmkuhl
Skur 7, Bradbenken 2
5003 Bergen, Norway
RE: Coastwise Transportation of Passengers; 46 U.S.C. §§ 55101 and 55103; 19 C.F.R. §§
4.50(b) and 4.80a; sailing school; scientific voyage.
Dear Mr. Vatle,
This letter is in response to your ruling request of January 9, 2025, concerning the One
Ocean Expedition of the Norwegian sail training vessel S/V STATSRAAD LEHMKUHL. You
inquire as to whether the vessel’s transit between several U.S. ports, as described below, would
violate the Passenger Vessel Services Act (PVSA). Our ruling is set forth below.
FACTS:
The following facts are extracted from your ruling request, as well as prior and
subsequent correspondence.1 The STATSRAAD LEHMKUHL, (the “subject vessel”) is a
German built, Norwegian-flagged vessel, currently operated by a nonprofit organization called
1
Jones Act – formal ruling, dated (January 9, 2025); Jones Act and PVSA RULING REQUESTS, dated (October 22,
2024); Email, re: Norwegian tall ship Statsraad Lehmkuhl sailing on the West coast of US in 2025, dated (July 17,
2024); English Handbook - Statsraad Lehmkuhl.
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the Stiftelsen Seilskipet Statsraad Lehmkuhl (the Foundation Sailing Ship Statsraad Lehmkuhl).
She has served as a sailing training vessel since her construction in 1914.
The nonprofit was founded with the ultimate purpose of taking care of the subject vessel
for future generations. Beginning in April 2025, the nonprofit and the subject vessel plan to
engage in a sailing and scientific project called the One Ocean Expedition.
The One Ocean Expedition is described as a global circumnavigation lasting for a total of
12 months:
“The One Ocean Expedition is a global project, and a recognized part of the UN’s
Ocean Decade. The main goal of the expedition is to create attention and share
knowledge about the crucial role of the ocean for sustainable development in a global
perspective. It encourages cooperation across borders for a more sustainable ocean and
serves as a reminder that the ocean itself knows no borders.
Statsraad Lehmkuhl is equipped with state-of-the-art sensors and instrumentation
for scientific measurements and education.
The One Ocean Expedition begins in April 2025, when Statsraad Lehmkuhl
departs from Bergen, Norway, on the last day of the One Ocean Week conference. The 12-
month expedition will take the ship to various ports in Europe, including Nice,
France, where it will be a part of both the One Ocean Science Conference and the UN
Ocean Conference (UNOC2025), before setting sail for its Arctic adventure, going from
Greenland through the Northwest Passage to the west coast of North America.” The
vessel’s preliminary route and schedule is as follows (emphasis added):
• Bergen, Norway
• Reykjavik, Iceland
• Nice, France
• Ponta Delgada, Portugal
• Nuuk, Greenland.
• Northwest Passage via Gjøa Haven, Canada
• Cambridge Bay, Canada
• Nome, Alaska
• Anchorage, Alaska, United States (estimated arrival 04 October, estimated departure 08
October 2025)
• Vancouver, Canada
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• Seattle, Washington, United States (estimated arrival 22 October, estimated departure
27 October 2025)
• San Francisco, California, United States (estimated arrival 03 November, estimated
departure 08 November 2025)
• San Diego, California, United States (estimated arrival 12 November, estimated
departure 16 November 2025)
• La Paz, Mexico
You contend that in addition to serving as a training voyage, the One Ocean Expedition is
aimed at advancing scientific research:
“[w]ith a mission to bridge the gap between science and the public, the expedition
aims to create awareness, inspire action and foster hope for future generations.
One Ocean Expedition contributes to gather and share the knowledge we need for
the ocean we want. By involving world leading institutions and students, young
professionals, and future leaders and innovators in the research and the outrearch
[sic] process, the expedition aims to foster a deeper global understanding of the
ocean’s role in regulating the global climate, supporting biodiversity, and
sustaining life on earth.
…
The One Ocean Expedition is focused on four general research questions:
(1) How do biodiversity and indicators of human pressures vary over the world's ocean?;
(2) What is the distribution and vertical displacement of mesopelagic sound scattering
layers across the world's ocean?;
(3) What are the physical characteristics of the regions and water masses we pass
through?; and
(4) Is there a correlation between observations, models and satellite measurements, and
can the measurements be used to improve weather and ocean forecasting?”
The subject vessel has been modified to be equipped to answer these research questions
and support the research goals of the One Ocean Expedition, as depicted below:
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All individuals onboard the subject vessel during the One Ocean Expedition will either be
part of the permanent crew or the voyage crew. The permanent crew consists of approximately
30 individuals, tasked with all aspects of running the ship and instructing the voyage crew.
Permanent crewmembers will include the captain, chief mate, second mate, first engineer, chief
steward, cook, boatswain, carpenter, quartermaster, social media content producer, and science
coordinator, as well as apprentices for some of these positions. Additional permanent
crewmembers will consist of able seamen and ordinary seamen. All nautical licenses for the
permanent crew are in compliance with the Standards of Training, Certification, and
Watchkeeping (STCW) regulations of the International Maritime Organization establishing basic
requirements for seafarers.
The permanent crew will not remain aboard the vessel for the duration of the 12-month
voyage. Rather, they will work in a rotational system, spending 4-6 weeks onboard and 4-6
weeks at home, disembarking and embarking in port as necessary. Currently, planned crew
changes are scheduled to take place in Anchorage, San Franscisco, and San Diego.
The voyage crew is comprised of a group of students, generally around 70 – 135
individuals, that will embark and disembark at the various ports throughout the voyage. Voyage
crew changes are scheduled to take place at all United States ports. All legs of the One Ocean
Expedition are chartered by institutions who bring on board their own voyage crew to take part in
the expedition. There is no fixed price per person for legs occurring in the United States. On
other open commercial legs, those not occurring in the United States, vessel’s organization
customarily charges around 1500 Norwegian Kroner per person (approximately $130.00 United
States Dollars).
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The One Ocean Expedition has charter agreements with a variety of institutions and
organizations to use the subject vessel for sail training and research. The charterers select the 70
– 135 students who will serve as voyage crew for that leg of the voyage, while attending different
courses, lectures and workshops on board. You state that the charterers on the voyage in North
America are as follows:
• Cambridge Bay, Canada – Anchorage, Alaska: Chartered by the Arctic University of
Tromsø – bringing young scientists and students on board from all over the world.
• Anchorage, Alaska - Seattle: Chartered by the Royal Netherlands Naval Academy –
Staatsraad Lekmuhl has a long term charter with the Naval Academy and do leadership
and sail training every year for their cadets.
• Seattle - San Francisco: Chartered by Washington Maritime Blue/1000 oceans start-ups –
bringing on board young ocean innovators and scientists from all over the world to be a
part of the expedition and research.
• San Francisco, - San Diego: Chartered by Sustainable Ocean Solutions, Farvatn (N) –
brining on board ocean innovators and scientists from all over the world to be a part of
the expedition and research
• San Diego - La Paz, Mexico; NOT CONFIRMED, but most likely chartered by
Innovaciones Alumbra (M), bringing on board young students and scientists from Mexico
to take the ship to La Paz.
The voyage crew not only have the opportunity to learn how to operate the vessel, but are
required to do so as part of the expedition. All voyage crew are divided into three watches in 4
hours on, 8 hours off rotations. During rotational sea watches, the voyage crew take part in all
aspects of sailing the subject vessel, including sail handling, lookout, and steering, supervised by
the instruction of the ship’s permanent crew.
You state that goods transported on board the vessel will be limited to sea stores, the
personal effects of the permanent crew and voyage crew, and vessel equipment, to include the
scientific equipment depicted in the diagram above.
On July 17, 2024, the Jones Act Division of Enforcement responded to your original
request with informal guidance on the matter. On October 22, 2024, you responded for asking if a
formal or informal ruling was necessary to continue with the voyage. On December 3, 2024, the
Cargo Security, Carriers, and Restricted Merchandise Branch responded with an information
letter. On January 9, 2025, you requested a formal, binding ruling regarding whether the One
Ocean Expedition’s United States legs would constitute a violation of the Passenger Vessel
Services Act 46 U.S.C. § 55103.
ISSUE:
Whether the voyage of the STATSRAAD LEHMKUHL, as contemplated above, would
constitute a violation of 46 U.S.C. § 55103 as implemented by 19 CFR § 4.80a(b)?
LAW AND ANALYSIS:
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Generally, the coastwise laws prohibit the transportation of passengers2 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 the United States, including the
island territories and possessions of the United States with the exception of American Samoa and
the Northern Mariana Islands, and the U.S. Virgin Islands.3 This includes 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.4
The coastwise law applicable to the transportation of passengers is found in 46 U.S.C. §
55103, the Passenger Vessel Services Act5, which provides:
(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 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.
19 CFR § 4.80, promulgated under the authority of 46 U.S.C. § 55103, provides, in
pertinent part:
(a) No vessel shall transport, either directly or by way of a foreign port, any passenger or
merchandise between points in the United States embraced within the coastwise laws,
including points within a harbor, or merchandise for any part of the transportation between
such points, unless it is:
(1) Owned by a citizen and is so documented under the laws of the United States
as to permit it to engage in the coastwise trade;
….
2
19 C.F.R. § 4.50(b) (“A passenger within the meaning of this part is any person carried on a vessel who is not
connected with the operation of the vessel, her navigation, ownership, or business.”). 3 46 U.S.C. 55101.
4
33 C.F.R. § 2.22(a)(2)(2013).
5
Recodified by Pub. L. 109-304, enacted on October 6, 2006.
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(b)
(1) The penalty imposed for the illegal transportation of merchandise between
coastwise points is forfeiture of the merchandise or, in the discretion of the port
director, forfeiture of a monetary amount up to the value of the merchandise to be
recovered from the consignor, seller, owner, importer, consignee, agent, or other
person or persons so transporting or causing the merchandise to be transported (46
U.S.C. 55102).
(2) The penalty imposed for the unlawful transportation of passengers between
coastwise points is $300 for each passenger so transported and landed on or before
November 2, 2015, and $996 for each passenger so transported and landed after
November 2, 2015 (46 U.S.C. 55103, as adjusted by the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015).
Similarly, 19 CFR § 4.80a(b), the specific provisions relating to the coastwise
transportation of passengers, provides:
The applicability of the coastwise law (46 U.S.C. § 55103) to a vessel not
qualified to engage in the coastwise trade (i.e., either a foreign-flag vessel or a
U.S.-flag vessel that is foreign-built or at one time has been under foreign flag)
which embarks a passenger at a coastwise port is as follows:
(1) If the passenger is on a voyage solely to one or more coastwise ports and
the passenger disembarks or goes ashore temporarily at a coastwise port, there
is a violation of the coastwise law.
(2) If the passenger is on a voyage to one or more coastwise ports and a nearby
foreign port or ports (but at no other foreign port) and the passenger
disembarks at a coastwise port other than the port of embarkation, there is a
violation of the coastwise law.
(3) If the passenger is on a voyage to one or more coastwise ports and a distant
foreign port or ports (whether or not the voyage includes a nearby foreign port
or ports) and the passenger disembarks at a coastwise port, there is no
violation of the coastwise law provided the passenger has proceeded with the
vessel to a distant foreign port.
For the purposes of the coastwise laws and regulations, the term “passenger” is defined
at 19 CFR 4.50(b) as follows:
(b) 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.
Here, the non-coastwise-qualified vessel plans to transport personnel between
Anchorage and Seattle (via Vancouver), between Seattle and San Francisco, and between
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San Francisco and San Diego. Because each of these U.S. ports is a coastwise point, any
transportation of passengers between these ports could result in a violation of the PVSA.
As noted in the facts, the only individuals who will be on board the vessel during
each leg of its voyage are permanent crew and voyage crew. Here, the permanent crew fall
squarely outside the definition of passengers as they are employees of the nonprofit
performing functions “directly and substantially” related to the operation, navigation, and
business of the vessel.
With regards to the voyage crew (students), CBP has long held that a person
transported on a vessel as a student in bona fide instructional courses in oceanography,
sailing and navigation/seamanship, and marine history and science, when the presence of
that person is required on board the vessel as a part of his or her course or training, is not a
passenger for purposes of the coastwise laws.2 This is so regardless of whether a fee is
charged for the aforementioned instruction.3 CBP has issued a long line of PVSA rulings
pertaining to students aboard sailing school vessels, consistently holding them not to be
passengers.4
Here, you state that each member of the voyage crew will be assigned to one of
three rotational sea watches and be required to take part in all aspects of sailing the
subject vessel, including sail handling, lookout, and steering. Because each member of the
voyage crew is participating as a student in a bona fide instructional course in sailing and
navigation, they are not passengers for the purposes of the PVSA.
Because each member of the permanent crew and the voyage crew would not be
considered a “passenger” under 19 CFR 4.50(b), the proposed coastwise transportation of
these individuals by the vessel would not violate 46 U.S.C. § 55103. Because the vessel is
not transporting passengers or merchandise, we need not contemplate whether the
exception to the PVSA for oceanographic research vessels applies.5
Please note that 19 C.F.R. § 177.9(b)(1) provides that “[e]ach ruling letter is
issued on the assumption that all of the information furnished in connection with the
ruling request and incorporated in the ruling letter, either directly, by reference, or by
implication, is accurate and complete in every material respect. The application of a
ruling letter by a Customs Service field office to the transaction to which it is purported to
relate is subject to the verification of the facts incorporated in the ruling letter, a
comparison of the transaction described therein to the actual transaction, and the
satisfaction of any conditions on which the ruling was based.” If the facts at hand vary
2
HQ 114263 (Mar. 3, 1998); see also Customs ruling letter 108166 (Feb. 27, 1986).
3
HQ 115066 (June 9, 2000).
4
See, e.g., HQ H026285 (Apr. 21, 2008); HQ 116494 (June 22, 2005); HQ 115361 (June 15, 2001); HQ 115066
(June 9, 2000).
5
See e.g., HQ H008902 (May 17, 2007); see also 46 U.S.C. § 50503.
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from the facts stipulated to herein, this decision shall not be binding on CBP as provided
for in 19 C.F.R. § 177.2(b)(1), (2) and (4), and § 177.9(b)(1) and (4).
HOLDING:
The voyage of the STATSRAAD LEHMKUHL, as contemplated above, would not
violate 46 U.S.C. § 55103.
Sincerely,
W. Richmond Beevers
Chief, Cargo Security, Carriers and Restricted
Merchandise Branch
Office of International Trade, Regulations & Rulings
U.S. Customs and Border Protection
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