HQ 111650: Fisheries; 46 U.S.C. 251(a); 19 C.F.R. 4.96

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 111650

                          July 12, 1991

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

CATEGORY: Carriers

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







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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
                              Carrier Rulings Branch