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202. Fishing vessels touching and trad- 210. Report-Manifest-Penalty.

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Art. 103. Definitions.-For definition of vessel see article 9.

Tariff act of 1930, section 401 (c), (d), (e), (f), and (g): (c) MERCHANDISE.-The word "merchandise" means goods, wares, and chattels of every description and includes merchandise the importation of which is prohibited.

(d) PERSON.-The word "person" includes partnerships, associations, and corporations.

(e) MASTER.-The word "master" means the person having the command of the vessel.

(f) DAY.-The word "day" means the time from eight o'clock antemeridian to five o'clock postmeridian.

(g) NIGHT. The word "night" means the time from five o'clock postmeridian to eight o'clock antemeridian.

Art. 104. Boarding of vessels-Production and certification of manifest-Penalties.-(a) Tariff act of 1930, section 581:

Officers of the customs or of the Coast Guard, and agents or other persons authorized by the Secretary of the Treasury, or appointed for that purpose in writing by a collector may at any time go on board of any vessel or vehicle at any place in the United States or within four leagues of the coast of the United States, without as well as within their respective districts, to examine the manifest and to inspect, search, and examine the vessel or vehicle, and every part thereof, and any person, trunk, or package on board, and to this end to hail and stop such vessel or vehicle, if under way, and use all necessary force to compel compliance, and if it shall appear that any breach or violation of the laws of the United States has been committed, whereby or in consequence of which such vessel or vehicle, or the merchandise, or any part thereof, on board of or imported by such vessel or vehicle is liable to forfeiture, it shall be the duty of such officer to make seizure of the same, and to arrest, or, in case of escape or attempted escape, to pursue and arrest any person engaged in such breach or violation.

(b) Tariff act of 1930, section 583:

* * *

The master of every vessel and the person in charge of every vehicle bound to a port or place in the United States shall deliver to the officer of the customs or Coast Guard who shall first demand it of him, the original and one copy of the manifest of such vessel or vehicle, and such officer shall certify on the back of the original manifest to the inspection thereof and return the same to the master or other person in charge.

T. D. 3757.

Tariff Act, 1930, sec. 584.

R. S. 3068.
U. S. C. title

18, sec. 122.

sec. 455.

(c) The boarding officer, after examination and comparison of the original with the copy, shall certify on the original to its production and on the copy to the fact of its agreement with the original. Certification shall be in the form shown on customs Form 7527 A or B.

(d) One complete manifest must be ready for production on demand, but a reasonable time will be allowed by the boarding officer for the preparation of copies.

(e) The certification must be made on the manifest and not upon a separate paper.

(f) The boarding officer will return the original to the master for his use in entering his vessel, and will forward the copy to the collector.

(g) Tariff act of 1930, section 439:

Immediately upon arrival and before entering his vessel, the master of a vessel from a foreign port or place required to make entry shall mail or deliver to the comptroller of customs for the district in which the port of entry is located, a copy of the manifest, and shall on entering his vessel make affidavit that a true and correct copy was so mailed or delivered, and he shall also mail or deliver to said comptroller of customs a true and correct copy of any correction of such manifest filed on entry of his vessel. Any master who fails so to mail or deliver such copy of the manifest or correction thereof shall be liable to a penalty of not more than $500.

(h) An uncertified copy of the manifest should also be available for the discharging inspector's use in making up the cargo book.

(i) If the master of any vessel bound to the United States does not produce the manifest to the officer demanding the same, he shall be liable to a penalty of $500 and the value of the cargo on board, unless the collector is satisfied that the manifest was lost or mislaid without fraudulent intent, or was defaced by accident, or is incorrect by reason of clerical error or other mistake. (See arts. 122 and 1095.)

6) If any master of a vessel coming into or having Tariff Act 1930. arrived at any port within the United States shall obstruct or hinder or shall intentionally cause any obstructions or hindrance to any officer in lawfully going on board such vessel, for the purpose of carrying into effect any of the revenue laws of the United States, he shall for every such offense be liable to a penalty of not more than $500 nor less than $50. (See art. 1100.)

T. D. 41819, 42478.

(k) The right of precedence in boarding vessels at the quarantine station of a port should be yielded to the surgeon of the Public Health Service, and whenever customs, or other Federal officers acting under legal authority, board a vessel from a foreign port, or a vessel from a

domestic port having suspicious illness on board, prior to quarantine inspection, such officers shall remain on board. until after the vessel has been inspected by the quarantine officer and granted pratique.

1882, sec. 9.

sec. 158. R. S.

title 46, sec. 708.

1900. U. S. C.

Tariff Act 1930,

Art. 105. Boarding or leaving vessels without permis- Act of Aug. 2, sion-Dock passes.-(a) It shall not be lawful for the U.S. c. title 46, master of any steamship or other vessel carrying passen-4606. U. S. C. gers after the arrival of the vessel within a collection Act of Mar. 31, district of the United States to allow any person, except a title 46, sec. 183. pilot, officer of the customs or health officer, agents of the sec. 454. vessel, and consuls to go on board or to leave the vessel 32311, 36433, until after it has been taken in charge by an officer of the 38461, 38955, customs, nor after charge so taken without leave of Cir. No. 270. such officer until all the passengers and their baggage sec. 454. shall have been landed and no passenger shall be landed without a permit issued by the collector.

(b) It shall not be lawful for any person, with or without the consent of the master, except the persons above mentioned, to go on board of a vessel not carrying passengers, and not in distress, arriving at any port of the United States, until the vessel has been properly inspected by the customs and quarantine officers and placed in security by being brought to the dock or anchored at a point at which the cargo is to be taken on or discharged.

(c) Collectors of customs may upon application issue passes to board incoming vessels after such vessels have been inspected by the quarantine authorities and taken in charge by an officer of the customs as follows: To persons on official business; in cases of imperative emergency; and to representatives of the press. Imperative emergency means the meeting of a passenger accompanying the body of a deceased relative or friend, seriously ill, or who is summoned home by news of affliction or disaster. Passes covering a period not to exceed six months may be issued to each duly accredited representative of a newspaper or press association. No more than one pass shall be issued at one time to any newspaper, except that one substitute pass may be issued for use on occasions when the regular ship-news representative is unable to serve. Passes for single trips may be issued on special occasions, to duly accredited newspaper representatives, when reasons satisfactory to the collector are given. Such single-trip passes may also be issued to representatives of photographic companies, provided they give reasons satisfactory to the collector and produce letters of permission from the agents of the vessels to be boarded.

T. D. 22293,

37379, 38433,

41107. Dept. C.

Tariff Act 1930,

(d) All requests for passes not falling within the above classes will be referred to the Bureau of Customs for its decision as to the emergency or necessity. Passes are not transferable, and will be forfeited upon presentation by others than those to whom issued.

(e) It shall not be lawful for any person in charge of a tugboat, rowboat, or other vessel to come alongside and put any person, except as authorized by law or regulations, on board an incoming vessel heretofore described.

(f) Officers boarding a vessel under authority of these regulations shall also ascertain whether any person has boarded the vessel in violation of law; and if so, shall report the facts to the principal officer of the customs at the port.

(g) The Coast Guard is specially charged with the enforcement of these regulations, but any officer of the Government may report to the principal officer of the customs any violation of the regulations which comes to his knowledge.

(h) The principal officer of the customs shall report the facts to the United States attorney and also to the bureau.

(i) The principal officer of the customs, or the officer commanding a Coast Guard cutter, or the principal officer of the Public Health Service at any seaport, when he deems it desirable, and when it is practicable, may detail any person subject to his orders to remain on board a vessel to secure the enforcement of these regulations until the vessel has been placed in security as above provided. In the case of deep-sea sailing vessels such detail shall be made whenever practicable.

6) Collectors may, in their discretion, issue passes to go on the docks to meet persons arriving from abroad.

Art. 106. Vessels not required to enter.-(a) Tariff act of 1930, section 441:

The following vessels shall not be required to make entry at the customhouse:

(1) Vessels of war and public vessels employed for the conveyance of letters and dispatches and not permitted by the laws of the nations to which they belong to be employed in the transportation of passengers or merchandise in trade;

(2) Passenger vessels making three trips or oftener a week between a port of the United States and a foreign port, or vessels used exclusively as ferryboats, carrying passengers, baggage, or merchandise: Provided, That the master of any such vessel shall be required to report such baggage and merchandise to the collector within twenty-four hours after arrival;

(3) Yachts of fifteen gross tons or under not permitted by law to carry merchandise or passengers for hire;

(4) Vessels arriving in distress or for the purpose of taking on bunker coal, bunker oil, or necessary sea stores and which shall depart within twenty-four hours after arrival without having landed

or taken on board any passengers, or any merchandise other than bunker coal, bunker oil, or necessary sea stores: Provided, That the master, owner, or agent of such vessel shall report under oath to the collector the hour and date of arrival and departure and the quantity of bunker coal, bunker oil, or necessary sea stores taken on board; and

(5) Tugs enrolled and licensed to engage in the foreign and coasting trade in the northern, northeastern, and northwestern frontiers when towing vessels which are required by law to enter and clear.

(b) In the case of car ferries falling within the purview of paragraph (a) (2) of this article, report shall be made as provided for in article 210.

(c) Vessels arriving under the conditions set forth in paragraph (a) (4) of this article, must make formal entry if the stay of the vessel in port is extended more than 24 hours. If such vessel arrives at a port other than that to which she is bound, the boarding officer or collector will indorse the facts on the inward manifest and notify the collector at the port of ultimate destination. A vessel that takes on ship stores (such articles as become a part of the equipment, as furniture, tackle, paint, etc.) must enter.

(d) All vessels engaged in the foreign trade whether or not required to enter or clear, must be under customs supervision while in port.

(e) United States Code, title 46, section 106:

Every yacht, except those of fifteen gross tons or under, visiting a foreign country under the provisions of sections 103, 105, and 109, shall, on her return to the United States, make due entry at the customhouse of the port at which, on such return, she shall arrive: Provided, That nothing in this chapter shall be so construed as to exempt the master or person in charge of a yacht or vessel arriving from a foreign port or place with dutiable articles on board from reporting to the customs officer of the United States at the port or place at which said yacht or vessel shall arrive, and deliver in to said officer a manifest of all dutiable articles brought from a foreign country in such yachts or vessels. (R. S. 4218; Aug. 20, 1912, c. 307, sec. 2, 37 Stat. 315.)

United States Code, title 46, section 110:

Vessels used exclusively as ferryboats, carrying passengers, baggage, and merchandise, shall not be required to enter and clear, nor shall the masters of such vessels be required to present manifests, or to pay entrance or clearance fees, or fees for receiving or certifying manifests, but they shall, upon arrival in the United States, be required to report such baggage and merchandise to the proper officer of the customs according to law. (R. S. 2792; May 28, 1908, c. 212, sec. 1, 35 Stat. 424.)

(g) United States Code, title 46, section 112:

Any passenger vessel engaged triweekly or oftener in trade between ports of the United States and foreign ports shall be exempt from entrance and clearance fees while such service triweekly or oftener is maintained. (R. S. 2792; May 28, 1908, c. 212, sec. 1, 35 Stat. 424.)

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