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HQ 113392

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April 12, 1995

VES-3-02-CO:R:IT:C 113392 GOB

CATEGORY: CARRIER

Shelby Coates
Trident Maritime Services, Ltd.
Norship Yacht Division
P.O. Box 186
Oyster Bay, New York 11771

RE: Coastwise transportation; 46 U.S.C. App. 289; Passengers

Dear Mr. Coates:

This is in response to your letter dated February 25, 1995, which has been referred to this office by the U.S. Coast Guard.

FACTS:

You state as follows:

We have a customer planning a September wedding at Fishers Island, New York, off New London, Connecticut, who wants to charter a mini-cruisership to transport wedding guests from New York City to Fishers Island and back. Would foreign flag vessels be eligible for this?

ISSUE:

Whether the proposed activity may be accomplished by a non-coastwise-qualified vessel.

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. A vessel that is built in, documented under the laws of, and owned by citizens of the United States, and which obtains a coastwise endorsement from the U.S. Coast Guard, is referred to as "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. App. 289 and provides that:

No foreign vessel shall transport passengers between ports or places in the United States, either directly or by way of a foreign port, under a penalty of $200 for each passenger so transported and landed.

Section 4.50(b), Customs Regulations (19 CFR 4.50(b)) states 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.

We find that the facts presented involve the transportation of passengers by a non-coastwise-qualified vessel. Such transportation is prohibited by 46 U.S.C. App. 289.

HOLDING:

The proposed activity is violative of 46 U.S.C. App. 289 and may not be accomplished by a non-coastwise-qualified vessel.

Sincerely,

Arthur P. Schifflin
Chief

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