HQ 109940: Applicability of the vessel documentation laws to a permanently moored non-self-propelled barge, owned by a municipal government

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 109940

                          March 8, 1989



VES-1-01 CO:R:P:C 109940 LLB

CATEGORY: Carriers

Brien E. Kehoe, Esq.
Hill, Betts, and Nash
1818 N Street NW.
Washington, D.C. 20036

Re:  Applicability of the vessel documentation laws to a
     permanently moored non-self-propelled barge, owned by a
     municipal government

Dear Mr. Kehoe:

     This is in response to your December 10, 1988, request for a
ruling regarding the applicability of the vessel documentation
laws to a certain permanently moored, foreign-built, non-self
propelled barge.

FACTS:

     A non-self-propelled barge is to be constructed in
Singapore.  The barge will exceed five net tons, will be owned by
a municipal government in the United States, and will be suitable
for human habitation.  The barge will be brought to the United
States and will be permanently moored within the waters of a
harbor.

ISSUE:

     Whether a foreign-built, permanently moored, non-self
propelled barge of over five net tons, owned by a municipal
government in the United States, is eligible for documentation.

LAW AND ANALYSIS:

     Title 46, United States Code, section 12102 (46 U.S.C.
12102), sets forth the criteria for documentation eligibility.
In our estimation, the central issue concerns the eligibility of
a municipal government under those criteria.  The statute
specifically provides for ownership by the Federal Government or
that of a State.  The question remaining is whether the agency
charged with interpreting and enforcing the vessel documentation
laws (the U.S. Coast Guard) would extend the interpretation of
the statute to include a municipality.

     You correctly state that since the vessel would be
permanently moored within a harbor it would not be considered to
be engaging the transportation of passengers or merchandise in
violation of the coastwise laws.  You do not state any specific
use to which the vessel will be put, but merely state that it
will be suitable for human habitation.  If used solely to house
persons, there are not "fisheries" ramifications.  You should be
aware, however, if used in the processing of fish (even from a
permanently moored position) this would be considered an
engagement in the "fisheries" within the meaning of the
Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987
(Pub. L. 100-239; 101 Stat. 1778).

     Regarding the question of eligibility of the barge for
documentation with a registry, we recommend that you seek the
opinion of the Coast Guard.  Your inquiry should be directed to:

               Mr. Thomas Willis
               Chief, Vessel Documentation
               U. S. Coast Guard (GMVI-6/13)
               2100 Second Street SW. (Room 1312)
               Washington, D.C. 20593-0001

HOLDING:

          The vessel, as described, may not be documented for
either the coastwise trade or fisheries trade.  A determination
on its eligibility for documentation with a registry must be made
by the U.S. Coast Guard under 46 U.S.C. 12102.

                              Sincerely,




                              B. James Fritz
                              Chief
                              Carrier Rulings Branch