TD 69-266 DELETED:

Part 2.--MEASUREMENT OF VESSELS

&

Part 3.-- DOCUMENTATION OF VESSELS

Pages CR-11 through CR-48-B are deleted.

Part 4.--VESSELS IN FOREIGN AND DOMESTIC TRADES

CR-49

Authority: Sections 4.1 to 4.98 issued under R.S. 161, as amended, 251, secs. 2,

3, 23 Stat. 118, as amended, 119, as amended, sec. 624, 46 Stat. 759; 5 U.S.C. 22, 19 U.S.C. 66, 1624, 46 U.S.C. 2, 3. Statutory provisions interpreted or applied and special rule-making authorities are cited to text in parentheses.

TD 69-266.

4.0 General definitions.-- For the purposes of this part:

(a) The word "vessel" includes every description of water craft or other contrivance used or capable of being used as a means of transportation on water, but does not include aircraft. (19 U.S.C. 1401.)

(b) The term "vessel of the United States" means any vessel documented under the laws of the United States.

(c) The term "documented" means registered, enrolled and licensed, or licensed by the United States Coast Guard.

(d) The term "noncontiguous territory of the United States" includes all the island territories and possessions of the United States, but does not include the Canal Zone.

(e) The word "citizen" is as defined by the United States Coast Guard for purposes of vessel documentation (see Subpart 67.03 of title 46, Code of Federal Regulations.)

ARRIVAL AND ENTRY OF VESSELS

TD 53399,

TDs 47959, 53336, 54232,

4.1

Boarding of vessels; cutter and dock passes.--(a) When any vessel which might have on board any article subject to Customs treatment comes within the limits of any port of entry or within Customs waters, Customs officers may board the vessel to inspect its manifest and other documents and papers and to examine, inspect, and search the vessel and the persons and articles on board."

(b) Every vessel arriving within a Customs collection district directly from a point outside the Customs territory of the United States shall be boarded and shall be subject to such supervision while in port as the district director deems necessary. When he deems it desirable, the district director may detail Customs officers to remain on board a vessel to secure the enforcement of these regulations. Except as provided in paragraph (a) above, boarding of a vessel arriving from another port in the United States with residue cargo, passengers, or baggage on board shall not be required unless preliminary entry is requested.

(c) No person, with or without the consent of the master, except a pilot, officer of the Customs, or coast guard, immigration officer, health officer, agent of the vessel, or consular officer, shall go on board or, except for the purpose of reporting the arrival of the vessel as required by law, leave any vessel arrivo ing from outside the Customs territory of the United States without permission of the district director of Customs or the Customs officer in charge until such vessel has been properly inspected by the Customs and brought to the dock or anchorage at which cargo is to be laden or unladen and until all passengers and their baggage have been landed from the vessel;2 nor shall the master of any vessel authorize the

TDs 22293, 50575, 51049, 51172,

1 "Any officer of the Customs may at any time go on board of any vessel or vehicle at any place in the United States or within the Customs waters *** and examine the manifest and other documents and papers and examine, inspect, and search the vessel or vehicle and every part thereof and any person, trunk, package, or cargo on board, and to this end may hall and stop such vessel or vehicle, and use all necessary force to compel compliance." (19 U. S. C. 1581 (a).)

"If the master of any vessel shall obstruct or hinder, or shall intentionally cause any obstruction or hindrance to any officer in lawfully going on board such vessel, for the purpose of carrying into effect any of the revenue or navigation laws of the United States, he shall for every such offense be liable to a penalty of not more than $2,000 nor less than $ 500." (R.S. 3068, as amended; 19 U.S.C. 70).

?"It shall not be lawful for the master of any such steamship or other vessel, not in distress, after the arrival of the vessel within any collection district of the United States, to allow any person or persons, except a pilot, officer of the Customs, or health officer, agents of the vessel, and consuls, to come on board of the vessel, or to leave the vessel, until the vessel has been taken in charge by an officer of the Customs, nor, after charge so taken, without leave of such officer, until all the passengers, with their baggage, have been duly landed from the vessel. **" (46 U. S. C. 158.)

"The Secretary of the Treasury is authorized and directed to prescribe from time to time and enforce regulations governing the boarding of vessels arriving at the seaports of the United States, before such vessels have been prop

(Continued on Page CR-61)

CR-50

boarding or leaving of the vessel by any person in violation of this paragraph.
Every person permitted to go on board shall be subject to customs and quarantine
regulations.
(d) A collector of customs, in his discretion, may issue a cutter pass on cus-

TDs 51575, toms Form 3093 to permit the holder to board an incoming vessel after it has been 53816. inspected by the quarantine authorities and taken in charge by an officer of the customs, as follows; (1) to persons on official business; (2) to news reporters, newspaper photographers, photographers of established motion-picture companies, and broadcasters of established radio-broadcasting companies; and (3) in cases of special exigency in which the collector is satisfied as to the urgent need for the boarding and that its allowance will not result in undue interference with the performance of official business.

(e) No person in charge of a tugboat, rowboat, or other vessel shall bring such conveyance alongside an incoming vessel heretofore described and put on board thereof any person, except as authorized by law or regulations.

(f) Upon application on customs Form 3137 or in other suitable manner, a collector may, in his discretion, issue a pass on customs Form 3095 to go on the dock to meet persons arriving from abroad.

(g) Term cutter and dock passes, for a period of not to exceed one year, may be issued in the discretion of the collector, to persons on official business and to duly accredited news reporters and newspaper photographers. Passes are not transferable and shall be forfeited upon presentation by others than those to whom issued. (Sec. 9, 22 Stat. 189, as amended, secs. 1, 2, 3, 31 Stat. 58, as amended; 46 U. S. C. 158, 163.)

TD 53816.

4.2 Reports of arrival of vessels.-da) The report of arrival required by sec- BMIN/BM 212, tion 433, Tariff Act of 1930,' shall be made by any means of communication to the 3/16/39. collector of customs or to a customs officer assigned to board the vessel.

(Footnote a continued)
erly inspected and placed in security and for that purpose to employ any of the officers of that department. Each person
violating such regulations shall be subject to a penalty of not more than $ 100 or imprisonment not to exceed six months,
or both, in the discretion of the court. This section shall be construed as supplementary to section 158 and section 708 of
this title." (46 U. S. C. 163. E.O, 9083; 7 F. R. 1609.)

"Whoever, not being in the United States service, and not being duly authorized by law for the purpose, goes on board any vessel about to arrive at the place of her destination, before her actual arrival, and before she has been completely moored, shall be fined not more than $ 200 or Imprisoned not more than six months, or both.

"The master of such vessel may take any such person into custody, and deliver him up forthwith to any law enforcement officer, to be by him taken before any committing magistrate, to be deal with according to law." (18 U. S. C. 2279.)

"If, within twenty-four hours after the arrival of any vessel at any port in the United States, any person, then being on board such vessel, solicits any seaman to become a lodger at the house of any person letting lodgings for hire, or takes out of such vessel any effects of any seaman, except under his personal direction, and with the permission of the master, he shall, for every such offense, be punishable by a fine of not more than $ 50, or by imprisonment for not more than three months. This section shall apply to vessels of the United States engaged in the foreign trade and to foreign vessels." (46 U, S. C. 709.)

*A vessel from a noncontiguous foreign place carrying steerage passengers.

g"Within twenty-four hours after che arrival of any vessel from a foreign port or place, or of a foreign vessel from a domestic port, or of a vessel of the United States carrying bonded merchandise, or foreign merchandise for which entry has not been made, at any port or place within the United States at which such vessel shall come to the master shall, unless otherwise provided by law, report the arrival of the vessel at the nearest customhouse, under such regulations as the Secretary of the Treasury may prescribe." (Tariff Act of 1930, sec. 433; 19 U. S. C. 1433.)

***. For the purposes of sections 432, 433, 434, 448, 585, and 586 of this Act, any vessel which has visited any hovering vessel shall be deemed to arrive or have arrived, as the case may be, from a foreign port or place." (19 U, S. C. 14322.)

"The term "hovering vessel' means any vessel which is found or kept off the coast of the United States within or without the customs waters, if, from the history, conduct, character, or location of the vessel, it is reasonable to believe that such vessel is being used or may be used to introduce or promote or facilitate the introduction or attempted int roduction of merchandise into the United Sutes in violation of the laws respecting the revenue • •." (Tariff Act of 1930, sec. 401 (a), as amended; 19 U, S. C. 1401 (n).)

(Continued on Page CR-52)

CR-51

(2nd Rev. - Feb. 1964)