H344349

H344349 May 01, 2025 OT:RR:CCR H344349 HKC CATEGORY: Carriers Mr. Haakon Vatle, CEO Stiftelsen Seilskipet Statsraad Lehmkuhl Skur 7, Bradbenken 2 5003 Bergen, Norway RE: Coastwise Transportation of Passengers; 46 U.S.C. §§ 55101 and 55103; 19 C.F.R. §§ 4.50(b) and 4.80a; sailing school; scientific voyage. Dear Mr. Vatle, This letter is in response to your ruling request of January 9, 2025, concerning the One Ocean Expedition of the Norwegian sail training vessel S/V STATSRAAD LEHMKUHL. You inquire as to whether the vessel’s transit between several U.S. ports, as described below, would violate the Passenger Vessel Services Act (PVSA). Our ruling is set forth below. FACTS: The following facts are extracted from your ruling request, as well as prior and subsequent correspondence.1 The STATSRAAD LEHMKUHL, (the “subject vessel”) is a German built, Norwegian-flagged vessel, currently operated by a nonprofit organization called 1 Jones Act – formal ruling, dated (January 9, 2025); Jones Act and PVSA RULING REQUESTS, dated (October 22, 2024); Email, re: Norwegian tall ship Statsraad Lehmkuhl sailing on the West coast of US in 2025, dated (July 17, 2024); English Handbook - Statsraad Lehmkuhl. 1 the Stiftelsen Seilskipet Statsraad Lehmkuhl (the Foundation Sailing Ship Statsraad Lehmkuhl). She has served as a sailing training vessel since her construction in 1914. The nonprofit was founded with the ultimate purpose of taking care of the subject vessel for future generations. Beginning in April 2025, the nonprofit and the subject vessel plan to engage in a sailing and scientific project called the One Ocean Expedition. The One Ocean Expedition is described as a global circumnavigation lasting for a total of 12 months: “The One Ocean Expedition is a global project, and a recognized part of the UN’s Ocean Decade. The main goal of the expedition is to create attention and share knowledge about the crucial role of the ocean for sustainable development in a global perspective. It encourages cooperation across borders for a more sustainable ocean and serves as a reminder that the ocean itself knows no borders. Statsraad Lehmkuhl is equipped with state-of-the-art sensors and instrumentation for scientific measurements and education. The One Ocean Expedition begins in April 2025, when Statsraad Lehmkuhl departs from Bergen, Norway, on the last day of the One Ocean Week conference. The 12- month expedition will take the ship to various ports in Europe, including Nice, France, where it will be a part of both the One Ocean Science Conference and the UN Ocean Conference (UNOC2025), before setting sail for its Arctic adventure, going from Greenland through the Northwest Passage to the west coast of North America.” The vessel’s preliminary route and schedule is as follows (emphasis added): • Bergen, Norway • Reykjavik, Iceland • Nice, France • Ponta Delgada, Portugal • Nuuk, Greenland. • Northwest Passage via Gjøa Haven, Canada • Cambridge Bay, Canada • Nome, Alaska • Anchorage, Alaska, United States (estimated arrival 04 October, estimated departure 08 October 2025) • Vancouver, Canada 2 • Seattle, Washington, United States (estimated arrival 22 October, estimated departure 27 October 2025) • San Francisco, California, United States (estimated arrival 03 November, estimated departure 08 November 2025) • San Diego, California, United States (estimated arrival 12 November, estimated departure 16 November 2025) • La Paz, Mexico You contend that in addition to serving as a training voyage, the One Ocean Expedition is aimed at advancing scientific research: “[w]ith a mission to bridge the gap between science and the public, the expedition aims to create awareness, inspire action and foster hope for future generations. One Ocean Expedition contributes to gather and share the knowledge we need for the ocean we want. By involving world leading institutions and students, young professionals, and future leaders and innovators in the research and the outrearch [sic] process, the expedition aims to foster a deeper global understanding of the ocean’s role in regulating the global climate, supporting biodiversity, and sustaining life on earth. … The One Ocean Expedition is focused on four general research questions: (1) How do biodiversity and indicators of human pressures vary over the world's ocean?; (2) What is the distribution and vertical displacement of mesopelagic sound scattering layers across the world's ocean?; (3) What are the physical characteristics of the regions and water masses we pass through?; and (4) Is there a correlation between observations, models and satellite measurements, and can the measurements be used to improve weather and ocean forecasting?” The subject vessel has been modified to be equipped to answer these research questions and support the research goals of the One Ocean Expedition, as depicted below: 3 All individuals onboard the subject vessel during the One Ocean Expedition will either be part of the permanent crew or the voyage crew. The permanent crew consists of approximately 30 individuals, tasked with all aspects of running the ship and instructing the voyage crew. Permanent crewmembers will include the captain, chief mate, second mate, first engineer, chief steward, cook, boatswain, carpenter, quartermaster, social media content producer, and science coordinator, as well as apprentices for some of these positions. Additional permanent crewmembers will consist of able seamen and ordinary seamen. All nautical licenses for the permanent crew are in compliance with the Standards of Training, Certification, and Watchkeeping (STCW) regulations of the International Maritime Organization establishing basic requirements for seafarers. The permanent crew will not remain aboard the vessel for the duration of the 12-month voyage. Rather, they will work in a rotational system, spending 4-6 weeks onboard and 4-6 weeks at home, disembarking and embarking in port as necessary. Currently, planned crew changes are scheduled to take place in Anchorage, San Franscisco, and San Diego. The voyage crew is comprised of a group of students, generally around 70 – 135 individuals, that will embark and disembark at the various ports throughout the voyage. Voyage crew changes are scheduled to take place at all United States ports. All legs of the One Ocean Expedition are chartered by institutions who bring on board their own voyage crew to take part in the expedition. There is no fixed price per person for legs occurring in the United States. On other open commercial legs, those not occurring in the United States, vessel’s organization customarily charges around 1500 Norwegian Kroner per person (approximately $130.00 United States Dollars). 4 The One Ocean Expedition has charter agreements with a variety of institutions and organizations to use the subject vessel for sail training and research. The charterers select the 70 – 135 students who will serve as voyage crew for that leg of the voyage, while attending different courses, lectures and workshops on board. You state that the charterers on the voyage in North America are as follows: • Cambridge Bay, Canada – Anchorage, Alaska: Chartered by the Arctic University of Tromsø – bringing young scientists and students on board from all over the world. • Anchorage, Alaska - Seattle: Chartered by the Royal Netherlands Naval Academy – Staatsraad Lekmuhl has a long term charter with the Naval Academy and do leadership and sail training every year for their cadets. • Seattle - San Francisco: Chartered by Washington Maritime Blue/1000 oceans start-ups – bringing on board young ocean innovators and scientists from all over the world to be a part of the expedition and research. • San Francisco, - San Diego: Chartered by Sustainable Ocean Solutions, Farvatn (N) – brining on board ocean innovators and scientists from all over the world to be a part of the expedition and research • San Diego - La Paz, Mexico; NOT CONFIRMED, but most li

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 Generally, the coastwise laws prohibit the transportation of passengers2 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 the United States, including the island territories and possessions of the United States with the exception of American Samoa and the Northern Mariana Islands, and the U.S. Virgin Islands.3 This includes 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.4 The coastwise law applicable to the transportation of passengers is found in 46 U.S.C. § 55103, the Passenger Vessel Services Act5, 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. 19 CFR § 4.80, promulgated under the authority of 46 U.S.C. § 55103, provides, in pertinent part: (a) No vessel shall transport, either directly or by way of a foreign port, any passenger or merchandise between points in the United States embraced within the coastwise laws, including points within a harbor, or