VES-3-14-CO:R:IT:C 112992 DEC
CATEGORY: Carriers
Mr. Earl P. Verrett
Aries Marine Corporation
Conventional Manager
P.O. Drawer 51789
Lafayette, Louisiana 70505
RE: Applicability of the coastwise laws to the use of coastwise
qualified vessel to shuttle crew, scientists, and research
specimens to and from an oceanographic research vessel.
Dear Mr. Verrett:
Reference is made to your facsimile transmittal of January 6,
1993, in which you inquired as to the legality of utilizing a
coastwise-qualified vessel to shuttle scientific personnel to and
from your oceanographic research operations aboard the M/V RAMBO.
FACTS:
The Aries Marine Corporation operates the Panamanian-flag M/V
RAMBO. In support of its request for a ruling, Aries Marine has
indicated that the M/V RAMBO will be conducting oceanographic
research outside the territorial waters of the United States. Aries
Marine plans to use the coastwise-qualified vessel, SPIRIT, to
shuttle a fresh crew, scientists, and research specimens back to
Port Hueneme, California, in order to continue their research
activities.
ISSUE:
Whether a coastwise-qualified vessel may shuttle a fresh crew,
scientists, and research specimens to a vessel engaged in
oceanographic research and transport the existing crew back to the
United States without being in violation of the coastwise laws.
LAW AND ANALYSIS:
The Act of June 19, 1886, as amended (24 Stat. 81; 46 U.S.C.
app. 289, sometimes called the coastwise passenger law), provides
that:
No foreign vessel shall transport passengers between
ports or places in the United States either directly
-2-
or by way of a foreign port, under a penalty of $200
for each passenger so transported and landed.
Customs has consistently interpreted this prohibition to apply
to all vessels except United States-built, owned, and properly
documented vessels (see, 46 U.S.C. 12106, 12110; 46 U.S.C. app. 883;
19 C.F.R. 4.80).
The coastwise law pertaining to the transportation of
merchandise, as amended (41 U.S.C. app. 883, often called the Jones
Act), provides that:
No merchandise, including merchandise owned by
the United States Government . . . shall be
transported by water, or by land and water . .
. between points in the United States. . .
embraced within the coastwise laws, either
directly or via a foreign port, or for any part
of the transportation, in any other vessel than
a vessel built in and documented under the laws
of the United States and owned by persons who
are citizens of the United States . . ..
For purposes of the coastwise laws, a point in the United
States territorial waters is considered a point embraced within the
coastwise laws. The territorial waters of the United States consist
of the territorial sea, defined as the belt, three nautical miles
wide, adjacent to the coast of the United States and seaward of the
territorial sea baseline.
For purposes of section 289, “passenger” is defined in section
4.50(b), Customs Regulations (19 C.F.R. 4.50(b)), as “…any person
carried on a vessel who is not connected with the operation of such
vessel, her navigation, ownership, or business.” “Merchandise,” as
used in section 883, includes any article, including valueless
merchandise pursuant to the amendment of section 883 by the Act of
June 7, 1988 (Public Law 100-329; 102 Stat. 588).
The use of a coastwise-qualified vessel to transport a relief
crew and scientists together with research specimens from a research
vessel between coastwise points does not violate the coastwise laws
so long as the crew, scientists, and specimens were initially
transported aboard the research vessel or, alternatively,
transported to the research vessel aboard a coastwise-qualified
vessel.
Customs has long held that the use of a vessel solely engaged
in oceanographic research is not considered a use in the coastwise
trade (Headquarters Ruling Letter 110399 (Aug. 23, 1989). 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 to, from, and between research sites
-3-
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. Further, 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 and
students 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.
This interpretation of the coastwise laws is buttressed by the
Act of July 30, 1965 (Public Law 89-99; 79 Stat. 424; 46 U.S.C. app.
441-444, often called the Oceanographic Research Vessel Act), as
amended, section 3 (46 U.S.C. app. 443) which provides that “[a]n
oceanographic research vessel shall not be deemed to be engaged in
trade or commerce.” In defining the term “oceanographic research
vessel,” this Act defines oceanographic research as “…including,
but not limited to, such studies pertaining to the sea as seismic,
gravity meter and magnetic exploration and other marine geophysical
or geological surveys, atmospheric research, and biological
research” (46 U.S.C. app. 441(1)).
HOLDING:
Applying the principles set forth in the Law and Analysis
section of this ruling, the use of the SPIRIT, a coastwise-qualified
vessel, to shuttle crew, scientists, and research specimens to the
RAMBO, a vessel engaged in oceanographic research, does not present
a violation of the coastwise laws.
Sincerely,
Arthur P. Schifflin
Chief