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HQ 111650

July 12, 1991

VES-7-03-CO:R:IT:C 111650 RAH

CATEGORY: CARRIER

Beth E. Jacobson
U.S.-U.S.S.R. Joint Ventures
Deep Sea Fisheries, Inc.
5305 Shishole Ave. NW
Suite 200
Seattle, WA 98107

RE: Fisheries; 46 U.S.C. 251(a); 19 C.F.R. 4.96

Dear Ms. Jacobson:

This is in response to your letter of April 17, 1991, requesting clarification of 19 C.F.R. 4.96.

FACTS:

You inquire as to whether a Japanese cargo vessel may off- load in a U.S. port processed fish products which are of Liberian origin, and which were obtained in the U.S.S.R. Exclusive Economic Zone (E.E.Z.) from Liberian-flag fishing vessels operating in the U.S.S.R. E.E.Z. Specifically, you ask us to confirm that a "Japanese-cargo vessel may not offload in a U.S. port products from the Liberian fishing-vessels which were received on the high seas."

ISSUE:

Whether a Japanese cargo vessel may offload in a U.S. port products from a Liberian fishing vessel which were received on the high seas.

FACTS:

Under 46 U.S.C. 251(a), except as otherwise provided by treaty or convention, no foreign-flag vessel shall land in a port of the United States its catch of fish taken on board the vessel on the high seas or fish products processed therefrom, or any fish or fish products taken on board the vessel on the high seas from a vessel engaged in fishing operations or in the processing of fish or fish products. For purposes of this statute, the
high seas are those waters outside the territorial waters of the United States or those of other nations.

United States statutory law limits, subject to other laws of the United States regulating the fisheries, employment in the fisheries as defined above to vessels issued certificates of documentation with fishery endorsements. 46 U.S.C.A. 12108(b) (West Supp. 1990). For a fishery endorsement, the vessel must be eligible for documentation, that is, over five net tons and owned by a United States citizen, and be built in the United States. 46 U.S.C.A. 12108(a) (West Supp. 1990).

Accordingly, you are correct that a Japanese cargo vessel may not offload in a U.S. port products from Liberian fishing vessels which were received on the high seas.

HOLDING:

A Japanese cargo vessel may not offload in a U.S. port products from a Liberian fishing vessel which were received on the high seas.

If you have any further questions regarding this matter, please do not hesitate to contact our office.

Sincerely,

B. James Fritz
Chief

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