[Overkill?] New rules for visiting the U.S. now enforced - SailNet Community

   Search Sailnet:

 forums  store  


Quick Menu
Forums           
Articles          
Galleries        
Boat Reviews  
Classifieds     
Search SailNet 
Boat Search (new)

Shop the
SailNet Store
Anchor Locker
Boatbuilding & Repair
Charts
Clothing
Electrical
Electronics
Engine
Hatches and Portlights
Interior And Galley
Maintenance
Marine Electronics
Navigation
Other Items
Plumbing and Pumps
Rigging
Safety
Sailing Hardware
Trailer & Watersports
Clearance Items

Advertise Here






Go Back   SailNet Community > General Interest Forums > Cruising & Liveaboard Forum
 Not a Member? 


Reply
 
LinkBack Thread Tools
  #1  
Old 02-08-2008
Valiente's Avatar
Senior Member
 
Join Date: Jun 2006
Location: Toronto
Posts: 5,491
Thanks: 0
Thanked 0 Times in 0 Posts
Rep Power: 9
Valiente has a spectacular aura about Valiente has a spectacular aura about
[Overkill?] New rules for visiting the U.S. now enforced

From today's Noonsite.com posting:

http://www.noonsite.com/Members/doina/R2008-02-07-1

Noonsite received a report this week of new regulations applying to foreign-flagged vessels visiting the USA. According to the report, after initial entry into the country, yachts must report to CBP (Customs and Border Protection, part of the Department of Homeland Security) each time they move from one port to another, or even from one berth/marina to another within one port. It appears a yacht was recently fined $5,000 in Jacksonville, Florida for failing to report a move from one berth to another.

What follows in this link is the official regs. An effective sleeping aid, I might add.

I am totally supportive of the idea that as a foreign-flagged vessel I should I.D. myself, fly a Q flag, allow boardings, etc. once I pull into a U.S. port. Your country, your rules.

I suppose I can persuade myself that going from one port to another once I've been cleared into the U.S. is somehow necessary, because it's like filing an obligatory sail plan. Other countries only require the single entry notification, but as the U.S. is large and there's such a welter of local, state and federal officials, fine. Stamp away.

But needing to alert Homeland Security if I go from a mooring to a dock, or from a yacht club to a marina (easy to see if I exhaust my reciprocal privileges and still wish to visit a particular town or require work done)?

This seems like overkill.

My impression is that other countries handle this sort of thing with a zarpe or other visa-type document you can flash at port officials...if they bother to ask. The onus isn't on the boat owner to report his/her every bubbling of the rudder.

That seems like bureaucracy gone nuts. Oh, and while I've typed this post, 50 Mexicans crossed the Rio Grande.
Reply With Quote Share with Facebook
  #2  
Old 02-08-2008
JohnRPollard's Avatar
Moderator
 
Join Date: Mar 2007
Location: Chesapeake
Posts: 5,680
Thanks: 0
Thanked 2 Times in 2 Posts
Rep Power: 10
JohnRPollard is a jewel in the rough JohnRPollard is a jewel in the rough JohnRPollard is a jewel in the rough
Valiente,

I just quickly perused those regs and saw nothing in them stipulating this requirement.

As I read it, the requirement to report only kicks in under the following conditions:

Quote:
When Reporting Is Required:
Masters must report their arrival to U.S. Customs and Border Protection if having been engaged in any of the below activities:

After having been at any foreign port or place
After having had contact with any hovering vessel
Can you please be more specific about where you think this requirement comes from?

---
Reply With Quote Share with Facebook
  #3  
Old 02-08-2008
Stillraining's Avatar
Handsome devil
 
Join Date: Jan 2008
Location: LaConner,Washington
Posts: 3,477
Thanks: 0
Thanked 0 Times in 0 Posts
Rep Power: 9
Stillraining is a jewel in the rough Stillraining is a jewel in the rough Stillraining is a jewel in the rough
Wow!!

Could not agree more ..what a bunch of hog wash..

Are they going to fine us for pulling up to the fuel dock without notifying the Pentagon?

I hope Boat US jumps all over this and some how gets a movement going to reverse this.
Reply With Quote Share with Facebook
  #4  
Old 02-08-2008
hphoen's Avatar
"Nevis Nice"
 
Join Date: Apr 2003
Location: Virginia
Posts: 224
Thanks: 0
Thanked 0 Times in 0 Posts
Rep Power: 12
hphoen is on a distinguished road
Here's a link to an article with additional information on the subject: http://www.cruisersnet.net/index.php..._articleid=198
__________________
Hud
Reply With Quote Share with Facebook
  #5  
Old 02-08-2008
Thanks Courtney.
 
Join Date: Sep 2006
Location: IL
Posts: 3,951
Thanks: 1
Thanked 1 Time in 1 Post
Rep Power: 10
T34C has a spectacular aura about T34C has a spectacular aura about T34C has a spectacular aura about
Sounds like the same rules have been in affect for awhile, just better enforcement now. Besides, really not that hard to make a phone call.
__________________
Maxum 3200 Miss Adventure
Formerly - Tartan 34C Yawl
Reply With Quote Share with Facebook
  #6  
Old 02-08-2008
JohnRPollard's Avatar
Moderator
 
Join Date: Mar 2007
Location: Chesapeake
Posts: 5,680
Thanks: 0
Thanked 2 Times in 2 Posts
Rep Power: 10
JohnRPollard is a jewel in the rough JohnRPollard is a jewel in the rough JohnRPollard is a jewel in the rough
While this sounds like a beauracratic misunderstanding, I concede that the language of the law as written could be read to support the stated interpretation. On the other hand, reading it in this way seems to conflict with the plain language at 19CFR4.94(c) which states in part:

Quote:
Upon approval of the [cruising permit] application, the port director will issue a cruising license in the form prescribed by paragraph (d) of this section permitting the yacht, for a stated period not to exceed one year, to arrive and depart from the United States and to cruise in specified waters of the United States without entering and clearing, without filing manifests and obtaining or delivering permits to proceed, and without the payment of entrance and clearance fees, or fees for receiving manifests and granting permits to proceed, duty on tonnage, tonnage tax, or light money.

Here are some of the relevant portions of the applicable laws/regs.

Quote:
[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR4.94]

[Page 67-69]

TITLE 19--CUSTOMS DUTIES

CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF
HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

PART 4_VESSELS IN FOREIGN AND DOMESTIC TRADES--Table of Contents

Sec. 4.94 Yacht privileges and obligations.

(a) Any documented vessel with a pleasure license endorsement, as
well as any undocumented American pleasure vessel, shall be used
exclusively for pleasure and shall not transport merchandise nor carry
passengers for pay. Such a vessel which is not engaged in any trade nor
in any way violating the Customs or navigation laws of the U.S. may
proceed from port to port in the U.S. or to foreign ports without
clearing and is not subject to entry upon its arrival in a port of the
U.S., provided it has not visited a hovering vessel, received
merchandise while in the customs waters beyond the territorial sea, or
received merchandise while on the

[[Page 68]]

high seas. Such a vessel shall immediately report arrival to Customs
when arriving in any port or place within the U.S., including the U.S.
Virgin Islands, from a foreign port or place.
(b) A cruising license may be issued to a yacht of a foreign country
only if it has been made to appear to the satisfaction of the Secretary
of the Treasury that yachts of the United States are allowed to arrive
at and depart from ports in such foreign country and to cruise in the
waters of such ports without entering or clearing at the customhouse
thereof and without the payment of any charges for entering or clearing,
dues, duty per ton, tonnage, taxes, or charges for cruising licenses. It
has been made to appear to the satisfaction of the Secretary of the
Treasury that yachts of the United States are granted such privileges in
the following countries:

Argentina.
Australia.
Austria.
Bahama Islands.
Belgium.
Bermuda.
Canada.
Denmark.
Finland.
France.
Germany, Federal Republic of.
Great Britain (including Turks and Caicos Islands; St. Vincent
(including the territorial waters of the Northern Grenadine Islands),
the Cayman Islands, the St. Christopher - Nevis - Anguilla Islands and
the British Virgin Islands).
Greece.
Honduras.
Ireland.
Italy.
Jamaica.
Liberia.
Marshall Islands.
Netherlands.
New Zealand.
Norway.
Sweden.
Switzerland.
Turkey.

(c) In order to obtain a cruising license for a yacht of any country
listed in paragraph (b) of this section, there shall be filed with the
port director an application therefor executed by either the yacht owner
or the master which shall set forth the owner's name and address and
identify the vessel by flag, rig, name, and such other matters as are
usually descriptive of a vessel. The application shall also include a
description of the waters in which the yacht will cruise, and a
statement of the probable time it will remain in such waters. Upon
approval of the application, the port director will issue a cruising
license in the form prescribed by paragraph (d) of this section
permitting the yacht, for a stated period not to exceed one year, to
arrive and depart from the United States and to cruise in specified
waters of the United States without entering and clearing, without
filing manifests and obtaining or delivering permits to proceed, and
without the payment of entrance and clearance fees, or fees for
receiving manifests and granting permits to proceed, duty on tonnage,
tonnage tax, or light money. The license shall be granted subject to the
condition that the vessel shall not engage in trade or violate the laws
of the United States in any respect. Upon the vessel's arrival at any
port or place within the U.S. or the U.S. Virgin Islands, the master
shall comply with 19 U.S.C. 1433 by immediately reporting arrival at the
nearest Customs facility or other place designated by the port director.
Individuals shall remain on board until directed otherwise by the
appropriate Customs officer, as provided in 19 U.S.C. 1459.

19 USC 1433 states:

Quote:
TITLE 19 - CUSTOMS DUTIES


CHAPTER 4 - TARIFF ACT OF 1930


SUBTITLE III - ADMINISTRATIVE PROVISIONS


Part II - Report, Entry, and Unlading of Vessels and Vehicles


-HEAD-


Sec. 1433. Report of arrival of vessels, vehicles, and aircraft


-STATUTE-


(a) Vessel arrival


(1) Immediately upon the arrival at any port or place within the


United States or the Virgin Islands of -


(A) any vessel from a foreign port or place;


(B) any foreign vessel from a domestic port;


(C) any vessel of the United States carrying foreign


merchandise for which entry has not been made; or


(D) any vessel which has visited a hovering vessel or received


merchandise while outside the territorial sea;


the master of the vessel shall report the arrival at the nearest


customs facility or such other place as the Secretary may prescribe


by regulations.


(2) The Secretary may by regulation -


(A) prescribe the manner in which arrivals are to be reported


under paragraph (1); and


(B) extend the time in which reports of arrival must be made,


but not later than 24 hours after arrival.
Reply With Quote Share with Facebook
  #7  
Old 02-08-2008
CaptKermie's Avatar
Senior Member
 
Join Date: Nov 2006
Location: Greater Vancouver B.C. Canada
Posts: 433
Thanks: 0
Thanked 2 Times in 2 Posts
Rep Power: 8
CaptKermie is on a distinguished road
I wonder how long these regs have been in effect?
I got a similar e-mail from CruisingCompass that made reference to the noonsite article but I could not find anything specific at the CBP site.
I moor for 3-6 months of the year in the USA as I live right at the 49th paralell so it is only a few minutes drive to cross the border and go to the marina. Since I have driven across by land I am not in my boat until I arrive at the marina, but I do leave from a US marina port and cruise US waters while there. I sail the San Juans in the PNW with a Canadian flag at the stern and a courtesy US flag on the shroud. I wonder if I could just remove the Canadian Flag and fly an American flag while cruising since I moor in a US port. I have sailed a fair bit throughout the San Juans from harbour to harbour and never been questioned about it. Even after crossing into Canada then back into USA I only stopped at cutoms for clearance once and never reported further movements, this was both last summer 2007 and the previous 2006 summer. Customs asked us where we were going and we told them our tentative sail plan but it does not always hold true as sometimes we fail to get a slip and either anchor or cruise up to the next marina. There is a lot of boat traffic between the US San Juans and Canadian Gulf Islands, it seems to be a very onerous expectation to report every move one makes and it may have an impact on how many and how often Canadians will cruise the San Juans. So far the only extra requirement I have had to fulfill was to get a permit for display on the port window for long term moorage in a US port. Having to report every move could negatively impact moorage at the Point Roberts Marina as they depend heavily on Canadian slip business, in fact the entire peninsula depends on cross border business because by land it is only accessible through Canada and Canadian tourism is the main industry. Next time I cross for gas I will go in and ask about this.

Last edited by CaptKermie; 02-08-2008 at 02:14 PM.
Reply With Quote Share with Facebook
  #8  
Old 02-08-2008
kiprichard's Avatar
Member
 
Join Date: Aug 2007
Posts: 56
Thanks: 0
Thanked 0 Times in 0 Posts
Rep Power: 7
kiprichard is on a distinguished road
Cleared into U.S. at Friday Harbour, San Juan Islands, last week from Canada. We were charged $25 for a permit that is good for 1 year from date of purchase and told we must clear customs each time we re-enter. No mention was made of notifying anyone about our movements within the U.S. once we had cleared. We were given a 16 digit number that we were to present if questioned or boarded by U.S. customs.
Reply With Quote Share with Facebook
  #9  
Old 02-08-2008
JohnRPollard's Avatar
Moderator
 
Join Date: Mar 2007
Location: Chesapeake
Posts: 5,680
Thanks: 0
Thanked 2 Times in 2 Posts
Rep Power: 10
JohnRPollard is a jewel in the rough JohnRPollard is a jewel in the rough JohnRPollard is a jewel in the rough
Quote:
Originally Posted by kiprichard View Post
Cleared into U.S. at Friday Harbour, San Juan Islands, last week from Canada. We were charged $25 for a permit that is good for 1 year from date of purchase and told we must clear customs each time we re-enter. No mention was made of notifying anyone about our movements within the U.S. once we had cleared. We were given a 16 digit number that we were to present if questioned or boarded by U.S. customs.
That sounds more like it, although there do seem to be special programs for Canadian vessels. Did you enter with an I-68 permit?

Quote:
Canadian Border Boat Landing Permit (I-68)
Canadian Border Boat Landing Permit (I-68) applicants for admission into the United States by small pleasure boats are inspected and issued an I-68 permit for the entire boating season. The I-68 permit allows boaters to enter the United States from Canada for recreational purposes with only the need to report to CBP by telephoning in their arrival.
http://www.cbp.gov/xp/cgov/travel/pl...t_overview.xml


----
Reply With Quote Share with Facebook
  #10  
Old 02-08-2008
Senior Member
 
Join Date: Aug 2006
Location: wherever
Posts: 5,233
Thanks: 8
Thanked 14 Times in 13 Posts
Rep Power: 10
xort has a spectacular aura about xort has a spectacular aura about xort has a spectacular aura about
This has been a subject on a list i participate in. The idea of every time you dock somewhere is a gross exageration. But it seems that every time you enter another district you need to check in. This is where some confusion can set in as it isn't so easy to determine district boundries.

Here is the comment from one foreign flagged captain:

Just got off the phone with homeland security here in Ft. Lauderdale and they confirmed what I thought I knew to be true. A foreign flagged vessel, with a valid cruising permit, only has to report their movements/check in when they leave one district and move into another. Just as it has always been. Not when they move around in the same district. It becomes a bit of a PITA in some areas because the districts are close together and the rule is more enforced now than it was in the passed.

It is a $5000 fine for EVERY district you do not check in with. This happen to a captain a year or so ago, where he cleared customs in Miami and moved up to Boston (as I recall) while stopping at a few places in between without checking in. His fine was something like $15,000.

Seems a quite a bit more logical. For those of you foreign flagged vessels, you should definately check with homeland security to verify the rule. And get the name of the person giving you the info. Better yet ask them to put it in writing! If they get flooded with calls, they'll make some changes to at least clarify, if not alter the rule.
Reply With Quote Share with Facebook
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

 
Posting Rules
You may post new threads
You may post replies
You may post attachments
You may edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Understanding the Racing Rules, Part Three Dean Brenner Racing Articles 0 09-09-2002 08:00 PM
Racing Rules Review Dean Brenner Racing Articles 0 06-20-2002 08:00 PM
Understanding the Racing Rules Dan Dickison Racing Articles 0 02-10-2002 07:00 PM
Understanding the Racing Rules Dan Dickison Her Sailnet Articles 0 02-10-2002 07:00 PM


All times are GMT -4. The time now is 12:56 AM.

Add to My Yahoo!         
Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
SEO by vBSEO 3.6.1
(c) Marine.com LLC 2000-2012