46 U.S.C. § 55116 — Canadian rail lines

Page 482 TITLE 46—SHIPPING § 55114 same privileges accorded to vessels of the for- eign country under this section. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1638.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55113 .......... 46:12101 note. Pub. L. 104–324, title XI, § 1117, Oct. 19, 1996, 110 Stat. 3973. § 55114. Unloading fish from foreign vessels (a) PROHIBITIONS.—Except as otherwise pro- vided by this section or a treaty or convention to which the United States is a party, a foreign vessel may not unload, in a port of the United States— (1) its catch of fish taken on board on the high seas or fish products processed from that catch of fish; or (2) fish or fish products taken on board that vessel on the high seas from a vessel engaged in fishing operations or the processing of fish or fish products. (b) REGULATIONS ON OBTAINING INFORMATION.— The Secretary of Commerce may prescribe regu- lations the Secretary considers necessary to ob- tain information on the transportation of fish products by vessels of the United States for for- eign fish processing vessels to points in the United States. (c) VIRGIN ISLANDS.— (1) IN GENERAL.—A foreign vessel of not more than 50 feet overall in length may unload its catch of fresh fish (whole or with the heads, viscera, or fins removed, but not frozen, other- wise processed, or further advanced) in a port of the Virgin Islands for immediate consump- tion in those islands. Fish unloaded under this paragraph may be sold or transferred only for immediate consumption. In the absence of sat- isfactory evidence that a sale or transfer to an agent, representative, or employee of a freezer or cannery is for immediate consumption, the sale or transfer is deemed not to be for imme- diate consumption. This paragraph does not prohibit the freezing, smoking, or other proc- essing of fresh fish by the ultimate consumer of the fish. (2) SEIZURE, FORFEITURE, AND PENALTY.—Fish unloaded in the Virgin Islands that are re- tained, sold, or transferred, except as allowed by paragraph (1), are liable to seizure by and forfeiture to the United States Government. A person retaining, selling, transferring, buying, or receiving the fish is liable to the Govern- ment for a civil penalty of not more than $1,000 for each violation. A penalty or for- feiture under this paragraph may be com- promised, modified, or remitted under section 2107(b) of this title. (d) NORTHERN MARIANA ISLANDS.—Subsection (a) does not apply to the Northern Mariana Is- lands. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1639.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55114(a) ...... 46 App.:251(a) (1st sentence). R.S. § 4311; Sept. 2, 1950, ch. 842, 64 Stat. 577; Pub. L. 87–220, § 1, Sept. 13, 1961, 75 Stat. 493; Pub. L. 96–61, § 2, Aug. 15, 1979, 93 Stat. 407; Pub. L. 96–594, title I, § 126(b), Dec. 24, 1980, 94 Stat. 3459; Pub. L. 100–239, § 8(a), Jan. 11, 1988, 101 Stat. 1783. 55114(b) ...... 46 App.:251(a) (last sentence). 55114(c)(1) .. 46 App.:251(b). 55114(c)(2) .. 46 App.:251(c). 46 App.:251a. Pub. L. 87–220, § 2, Sept. 13, 1961, 75 Stat. 493. 55114(d) ...... 48:1801 note (Cov- enant § 503(b)). In subsection (a), before paragraph (1), the words ‘‘whether documented as a cargo vessel or otherwise’’ are omitted as unnecessary. In subsection (c)(2), the words ‘‘severally’’ and ‘‘in ad- dition to any other penalty provided in law’’ are omit- ted as unnecessary. The last sentence is substituted for 46 App. U.S.C. 251a. Subsection (d) is based on section 503(b) of the Cov- enant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (48 U.S.C. 1801 note). § 55115. Supplies on fish processing vessels Section 55102 of this title does not apply to supplies aboard a United States documented fish processing vessel that are necessary and used for processing or assembling fishery products aboard such a vessel. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1640.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55115 .......... 46 App.:883 (10th proviso). June 5, 1920, ch. 250, § 27 (10th proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 97–389, title V, § 504, Dec. 29, 1982, 96 Stat. 1956. The words ‘‘Section 55102 of this title does not apply to’’ are substituted for ‘‘for the purposes of this sec- tion’’ and ‘‘shall be considered ship’s equipment and not merchandise’’ for consistency in the chapter. § 55116. Canadian rail lines Section 55102 of this title does not apply to the transportation of merchandise between points in the continental United States, including Alaska, over through routes in part over Canadian rail lines and connecting water facilities if the routes are recognized by the Surface Transpor- tation Board and rate tariffs for the routes have been filed with the Board. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1640.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55116 .......... 46 App.:883 (3d pro- viso). June 5, 1920, ch. 250, § 27 (3d proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 85–508, § 27(a), July 7, 1958, 72 Stat. 351; Pub. L. 104–324, title VII, § 747(1), Oct. 19, 1996, 110 Stat. 3943. Page 483 TITLE 46—SHIPPING § 55121 § 55117. Great Lakes rail route Section 55102 of this title does not apply to the transportation of merchandise loaded on a rail- road car or to a motor vehicle with or without a trailer, and with its passengers or contents when accompanied by the operator, when the railroad car or motor vehicle is transported in a railroad car ferry operated between fixed termi- nals on the Great Lakes as part of a rail route, if— (1) the car ferry is owned by a common car- rier by water and operated as part of a rail route with the approval of the Surface Trans- portation Board; (2) the stock of the common carrier by water, or its predecessor, was owned or con- trolled by a common carrier by rail prior to June 5, 1920; (3) the stock of the common carrier owning the car ferry is, with the approval of the Board, now owned or controlled by a common carrier by rail; and (4) the car ferry is built in and documented under the laws of the United States. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1640.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55117 .......... 46 App.:883 (5th pro- viso). June 5, 1920, ch. 250, § 27, as added Apr. 11, 1935, ch. 58, 49 Stat. 154. § 55118. Foreign railroads whose road enters by ferry, tugboat, or towboat A foreign railroad, whose road enters the United States by ferry, tugboat, or towboat, may own and operate a vessel not having a coastwise endorsement in connection with the water transportation of the passenger, freight, express, baggage, and mail cars used by that road, together with the passengers, freight, ex- press matter, baggage, and mails transported in those cars. However, the foreign railroad is sub- ject to the same restrictions imposed by law on a vessel of the United States entering a port of the United States from the same foreign coun- try. Except as otherwise authorized by this chapter, the ferry, tugboat, or towboat may not, under penalty of forfeiture, be used in the trans- portation of merchandise between ports or places in the United States to which the coast- wise laws apply. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1640.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55118 .......... 46 App.:316(c). R.S. § 4370(c); restated June 11, 1940, ch. 324, 54 Stat. 304. The words ‘‘company or corporation’’ after ‘‘foreign railroad’’ are omitted as unnecessary. The words ‘‘ves- sel not having a coastwise endorsement’’ are sub- stituted for ‘‘such vessel’’ (referring to a vessel de- scribed in 46 App. U.S.C. 316(a)) for clarity and because of the reorganization of the source material in the re- vised title. The words ‘‘However, the foreign railroad is subject to the same restrictions imposed by law on a vessel of the United States entering a port of the United States from the same foreign country’’ are sub- stituted for ‘‘without being subject to any other or dif- ferent restrictions than those imposed by law on any vessel of the United States entering ports of the United States from ports in the same foreign country’’ to eliminate unnecessary words. The words ‘‘Except as otherwise authorized by this chapter’’ are substituted for ‘‘except as authorized by section 883 of this Appen- dix’’ because of the reorganization of the source mate- rial in the revised title. The words ‘‘its Territories or possessions’’ are omitted as unnecessary because of the definition of ‘‘United States’’ in chapter 1 of the revised title. § 55119. Yukon River Section 55102 of this title does not apply to the transportation of merchandise on the Yukon River until the Alaska Railroad is completed and the Secretary of Transportation finds that proper facilities will be available for transpor- tation by citizens of the United States to prop- erly handle the traffic. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1640.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55119 .......... 46 App.:883 (4th pro- viso). June 5, 1920, ch. 250, § 27 (4th proviso), 41 Stat. 999; Exec. Order No. 6166, June 10, 1933, § 12; July 2, 1935, ch. 355, 49 Stat. 442; June 29, 1936, ch. 858, title II, § 204, title IX, § 904, 49 Stat. 1987, 2016; Reorg. Plan No. 21 of 1950, eff. May 24, 1950, § 204, 64 Stat. 1276; Pub. L. 97–31, § 12(49), Aug. 6, 1981, 95 Stat. 157. § 55120. Transshipment of imported merchandise intended for immediate exportation The Secretary of Homeland Security may pre- scribe regulations for the transshipment and transportation of merchandise that is imported into the United States by sea for immediate ex- portation to a foreign port by sea, or by a river, the right to ascend or descend which for the pur- poses of commerce is secured by treaty to the citizens of the United States and the subjects of a foreign power. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1641.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55120 .......... 46 App.:291. Feb. 17, 1898, ch. 26, § 3, 30 Stat. 248. § 55121. Transportation of merchandise and pas- sengers on Canadian vessels (a) BETWEEN ROCHESTER AND ALEXANDRIA BAY.—Until passenger service is established by vessels of the United States between the port of Rochester, New York, and the port of Alexandria Bay, New York, the Secretary of Homeland Se- curity may issue annually permits to Canadian passenger vessels to transport passengers be- tween those ports. Canadian vessels holding such a permit are not subject to section 55103 of this title. (b) WITHIN ALASKA OR BETWEEN ALASKA AND OTHER POINTS IN THE UNITED STATES.—Until the