Application of the Coastwise Laws to the Commonwealth of the Northern Mariana Islands

HQ 110926 June 18, 1990 VES-3 CO:R:P:C 110926 JBW CATEGORY: Carriers Dean H. Robb, Esquire Carlsmith, Wichman, Case, Mukai and Ichiki 1001 Bishop Street Pacific Tower, Suite 2200 Honolulu, Hawaii 96813 RE: Application of the Coastwise Laws to the Commonwealth of the Northern Mariana Islands Dear Mr. Robb: This letter is in response to your inquiry of March 7, 1990, in which you request a ruling regarding the applicability of the coastwise laws, 46 U.S.C. App. 289 & 883 (1982), or other applicable maritime laws to the Commonwealth of the Northern Mariana Islands (CNMI). FACTS: As stated in your letter, the contemplated activity involves the use of a non-coastwise-qualified barge and tug to lighter cargo in the CNMI. The lightering operation would move cargo between coastwise-qualified and non-coastwise-qualified vessels and ports in the CNMI. ISSUE: Whether the coastwise laws or other maritime laws administered by the Customs Service prohibit a non-coastwise- qualified vessel from engaging in a lightering operation in the CNMI. LAW AND ANALYSIS: Sections 289 and 883 of Title 46, Appendix, United States Code, 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 and documented under the laws of the United States and owned by persons who are citizens of the United States. Likewise, section 316(a) of Title 46, Appendix, United States Code, prohibits the towing of any vessel, other than a vessel in distress, between ports or places in the United States embraced within the coastwise laws by a vessel not documented under United States law to engage in the coastwise trade. Sections 502(b) and 503(b) of the "Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America," Pub. L. No. 94-241, as amended, 90 Stat. 263 (1976) (48 U.S.C.A. 1681 note (1987)), provide in part that, except for activities of the United States Government and its contractors in the CNMI, the coastwise laws do not apply to the CNMI. Consequently, the coastwise laws, described above, would not prohibit the use of a non-coastwise-qualified vessel in a lightering operation in the CNMI. Moreover, no other law administered by the Customs Service prohibits such activity. HOLDING: Neither the coastwise laws nor other maritime laws administered by the Customs Service prohibit a non-coastwise- qualified vessel from engaging in a lightering operation in the CNMI. Sincerely, B. James Fritz Chief Carrier Rulings Branch