Coastwise Transportation; 46 U.S.C. § 55103; 19 C.F.R. § 4.50(b).

U.S. Department of Homeland Security Washington, DC 20229 U.S. Customs and Border Protection HQ H270799 November 19, 2015 VES-3-02 OT:RR:BSTC:CCR HQ H270799 DAC CATEGORY: Carriers Anto Seki Columbia Ship Management Ltd. Columbia House, 21 Spyrou Kyprianou Ave. Limassol 4042 Cyprus RE: Coastwise Transportation; 46 U.S.C. § 55103; 19 C.F.R. § 4.50(b). Dear Mr. Seki: This is in response to your correspondence of November 11, 2015, in which you inquire about the coastwise transportation of two individuals mentioned therein aboard the M/V NYK TRITON. Our decision follows. FACTS The voyage in question involves the transportation of the subject individuals aboard the non-coastwise-qualified M/V NYK TRITON (“the vessel”). The individuals will embark the vessel at Los Angeles, California on or about January 21, 2016, and disembark at Oakland, California, on or about January 22, 2016. You state that first individual is the spouse of the Master of the subject vessel. You state the second individual is the mother of the spouse of the Master of the vessel. ISSUE Whether the individuals described in the FACTS section are “passengers” within the meaning of 46 U.S.C. § 55103 and 19 C.F.R. § 4.50(b). 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. Such a vessel, after it has obtained a coastwise endorsement from the U.S. Coast Guard, is said to be “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. § 55103 which provides: (a) In General. Except as otherwise provided in this chapter or chapter 121 of this title, a vessel may not transport passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port, unless the vessel- (1) is wholly owned by citizens of the United States for purposes of engaging in coastwise trade; and (2) has been issued a certificate of documentation with a coastwise endorsement under chapter 121 or is exempt from documentation but would otherwise be eligible for such a certificate and endorsement. (b) Penalty. The penalty for violating subsection (a) is $300 for each passenger transported and landed. Section 4.50 (b) of the Customs and Border Protection (“CBP”) Regulations provide: A passenger within the meaning of this part is any person carried on a vessel who is not connected with the operation of the vessel, her navigation, ownership, or business. In the present case, you state that the first individual is the spouse of the Master of the subject vessel, and that the second individual is the mother of the spouse of the Master of the vessel. It is CBP’s longstanding position that the spouse and children of officers of a vessel are not passengers for purposes of the passenger coastwise statute. See General Letter No. 117 (May 20, 1916) from the former Bureau of Navigation. The Master is an “officer of a vessel.” Therefore, the captain’s immediate family members, may be aboard a non-coastwise-qualified vessel during a coastwise voyage and are not “passengers” within the meaning of 46 U.S.C. § 55103 and 19 C.F.R. § 4.50(b). Accordingly, the coastwise transportation of the first individual would not be in violation of 46 U.S.C. § 55103. However, the mother of the spouse of the Master of the vessel is neither the spouse nor the child of the Master of the vessel. Accordingly, the coastwise transportation of the second individual would be in violation of 46 U.S.C. § 55103. HOLDING The first individual described in the FACTS section above is not a “passenger” within the meaning of 46 U.S.C. § 55103 and 19 C.F.R. § 4.50(b). Therefore, the coastwise transportation of such an individual would not be in violation of 46 U.S.C. § 55103. The second individual described in the FACTS section above is a “passenger” within the meaning of 46 U.S.C. § 55103 and 19 C.F.R. § 4.50(b). Therefore, the coastwise transportation of such an individual would be in violation of 46 U.S.C. § 55103. Sincerely, Lisa L. Burley Chief/Supervisory Attorney-Advisor Cargo Security, Carriers and Restricted Merchandise Branch Office of International Trade, Regulations and Rulings