HQ 113087: Coastwise Trade; transportation of passengers; 46 U.S.C. App. 289; ISLAND GIRL

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                              HQ 113087

                            April 28, 1994

VES-3-02 CO:R:IT:C  113087 GOB

CATEGORY:  Carriers

Mr. Robert Koch
839 Highway 61 East
Two Harbors, MN 55616

RE:  Coastwise Trade; transportation of passengers; 46 U.S.C. App.
     289; ISLAND GIRL

Dear Mr. Koch:

     This is in response to your letter dated April 15, 1994.

FACTS:

     You request a ruling with respect to the proposed chartering
of your vessel, ISLAND GIRL ("the vessel"), on the following
routes:

          1.  The charter would originate in Two Harbors, MN, sail
on Lake Superior within the boundaries of the United States, and
return to Two Harbors, MN.

          2.  The charter would originate in the U.S., sail into
Canadian waters, and return to the U.S. at the conclusion of the
charter.

     The charters would not be bareboat charters, but would include
vessel and crew.

     The vessel is a foreign-built sailboat.  You state that, via
legislation, you have received a coastwise endorsement for the
vessel.

     This ruling is based upon your statement that the vessel is
coastwise-qualified.

     We issued Ruling 112953 dated November 24, 1993 to you with
respect to certain proposed charters originating in Miami and the
Bahamas.





                              - 2 -

ISSUE:

     Whether the vessel may engage in the proposed charter routes.

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.

     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.

     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. 

     A vessel with a coastwise endorsement may engage in charters
on the two above-described routes.

     A charter on route one constitutes coastwise trade, for which
a coastwise endorsement is necessary.  A charter on route two would
not constitute coastwise trade, and would therefore be permissible
with a non-coastwise-qualified vessel, provided that the passengers
embark and disembark at the same United States point and provided
that the passengers do not go ashore at another United States
point.

HOLDING:

     A vessel with a coastwise endorsement may engage in the
proposed charter routes.

                              

                              Sincerely,



                              Arthur P. Schifflin
                              Chief
                              Carrier Rulings Branch