46 CFR § 42.03-35 - U.S.-flag vessels and Canadian vessels navigating on sheltered waters of Puget Sound and contiguous west coast waters of United States and Canada.

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§ 42.03-35 U.S.-flag vessels and Canadian vessels navigating on sheltered waters of Puget Sound and contiguous west coast waters of United States and Canada.

(a) In a Treaty between the United States and Canada proclaimed on August 11, 1934, the respective Governments were satisfied of the sheltered nature of certain waters of the west coast of North America. It was agreed to exempt vessels of the United States and Canadian vessels from load line requirements when such vessels engage on international voyages originating on, wholly confined to, and terminating on such waters. In Article I of this Treaty these waters are described as follows: “* * * the waters of Puget Sound, the waters lying between Vancouver Island and the mainland, and east of a line from a point 1 nautical mile west of the city limits of Port Angeles in the State of Washington to Race Rocks on Vancouver Island, and of a line from Hope Island, British Columbia, to Cape Calvert, Calvert Island, British Columbia, the waters east of a line from Cape Calvert to Duke Point on Duke Island, and the waters north of Duke Island and east of Prince of Wales Island, Baranof Island, and Chicagof Island, the waters of Peril, Neva, and Olga Straits to Sitka, and the waters east of a line from Port Althorp of Chicagof Island to Cape Spencer, Alaska, are sheltered waters * * *.”

(b) U.S.-flag vessels and Canadian vessels navigating on the treaty waters on a voyage as described in paragraph (a) of this section are by virtue of this Treaty of August 11, 1934, not subject to load line requirements in 46 U.S.C. 51015116, the 1966 Convention, and the regulations in this subchapter. Vessels navigating these sheltered waters and passing outside their boundary on any voyage cannot claim the benefits of this Treaty and shall be in compliance with the applicable load line requirements in 46 U.S.C. 51015116, the 1966 Convention, and the regulations in this subchapter.

(c) Since subdivision requirements apply to all passenger vessels subject to the 1960 International Convention on Safety of Life at Sea, those passenger vessels navigating on the waters described in paragraph (a) of this section shall be in compliance with such 1960 Convention requirements and the regulations in part 46 of this subchapter. The Coast Guard issues to such a vessel a stability letter. The assigning authority is authorized to issue to such a passenger vessel an appropriate load line certificate, modified to meet the conditions governing her service assignment, and marking.

[CGFR 68–60, 33 FR 10051, July 12, 1968, as amended by CGFR 68–126, 34 FR 9011, June 5, 1969; USCG–1998–4442, 63 FR 52190, Sept. 30, 1998]