Page:United States Statutes at Large Volume 120.djvu/1664

 PUBLIC LAW 109–304—OCT. 6, 2006

120 STAT. 1633

‘‘(2) valueless material. ‘‘(b) REQUIREMENTS.—Except as otherwise provided in this chapter or chapter 121 of this title, a vessel may not provide any part of the transportation of merchandise by water, or by land and water, between points 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 the 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. ‘‘(c) PENALTY.—Merchandise transported in violation of subsection (b) is liable to seizure by and forfeiture to the Government. Alternatively, an amount equal to the value of the merchandise (as determined by the Secretary of Homeland Security) or the actual cost of the transportation, whichever is greater, may be recovered from any person transporting the merchandise or causing the merchandise to be transported. ‘‘§ 55103. Transportation of passengers ‘‘(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 the 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. ‘‘§ 55104. Transportation of passengers between Puerto Rico and other ports in the United States ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) CERTIFICATE.—The term ‘certificate’ means a certificate of financial responsibility for indemnification of passengers for nonperformance of transportation issued by the Federal Maritime Commission under section 44102 of this title. ‘‘(2) PASSENGER VESSEL.—The term ‘passenger vessel’ means a vessel of similar size, or offering similar service, as any other vessel transporting passengers under subsection (b). ‘‘(b) EXEMPTION.—Except as otherwise provided in this section, a vessel not qualified to engage in the coastwise trade may transport passengers between a port in Puerto Rico and another port in the United States. ‘‘(c) EXPIRATION OF EXEMPTION.— ‘‘(1) WHEN COASTWISE-QUALIFIED VESSEL OFFERING SERVICE.—On a showing to the Secretary of the department in which the Coast Guard is operating, by the vessel owner or charterer, that a United States passenger vessel qualified to engage in the coastwise trade is offering or advertising passenger service between a port in Puerto Rico and another port in the United States pursuant to a certificate, the Secretary

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