Re: T&T: Important - Attention All Foreign Flagged Cruising
Message: 31
Date: Thu, 07 Feb 2008 10:30:20 -0800
From: Mike Maurice mikem@yachtsdelivered.com
Subject: Re: T&T: Important - Attention All Foreign Flagged Cruising
To: TT trawlers-and-trawlering@lists.samurai.com
Message-ID: 47AB4E3C.9010407@yachtsdelivered.com
Content-Type: text/plain; charset=ISO-8859-1; format=flowed
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
Bill,
I am pretty sure that your interpretation is correct. I have a query
into my contact at customs to confirm it.
I believe that the confusion arises from the fact that the Cruising
License has language that at least implies, even if it does not state
explicitly, that you have to report in at every port. It has been some
years since I had one to examine and can't recall exactly what the
language was.
snip<
Mike
Here is what one looks like: http://i50.photobucket.com/albums/f331/captbill11/scan0003.jpg
Note the wording in the first paragraph. Makes it sound like you should be able to come and go as you please.
Capt. Bill
Mike
Here is what one looks like: http://i50.photobucket.com/albums/f331/captbill11/scan0003.jpg
Note the wording in the first paragraph. Makes it sound like you should be able to come and go as you please.
The wording in the first paragraph has virtually nothing to do with you
once you have the cruising license.
It is the second paragraph that is the gotcha. Whereas you don't have to
make FORMAL entry, which would be the case if you did not have the
Cruising License, the second paragraph is quite explicit that you have
to REPORT at every port. It is the lax enforcement of this provision
that leads to the misunderstanding about the consequences.
In some districts the requirement to REPORT is only being enforced when
you first ENTER the district. In other cases they may require you to
report every MOVEMENT. Since this is at the discretion of the district
supervisor and based upon security issues at the time, you can get afoul
of this by not taking care, to abide by the instructions you get when
you report in.
And of course if you don't report in with each district, well you are in
real trouble. And, once you have not reported in, anywhere you have
actually been, it is laid in concrete and you can't wiggle out of it.
Technically you have to check out before leaving the country and at that
time, all this may come to someone's attention.
Keep in mind that I did not think this all up and have no control or
even any influence on how this is being enforced.
Mike
Capt. Mike Maurice
Beaverton Oregon(Near Portland)
I was researching the US Customs Regulations and found the following
regarding obtaining clearance. Title 19. Part 4.60 (a)(2)
PART 4_VESSELS IN FOREIGN AND DOMESTIC TRADES--Table of Contents
Sec. 4.60 Vessels required to clear.
(a) Unless specifically excepted by law, the following vessels must
obtain clearance from the Customs Service before departing from a port
or place in the United States:
(1) All vessels departing for a foreign port or place;
(2) All foreign vessels departing for another port or place in the
United States;
In order to clarify any confusion. Without a cruising permit, required
to clear to move ports, in other words before departure. With a Cruising
Permit not required to clear, but required to report moving districts,
and by port, depending on instructions when reporting.
As for US vessels under item (1). Generally exempt, as noted, unless in
violation of US laws. See the rest of 4.60.
Don't be fooled by the title of Part 4. Pleasure craft are not exempt
from this section, unless, you are really not engaged in trade. Best to
see what the rest of 4.60 reads.
Regards,
Mike
Capt. Mike Maurice
Beaverton Oregon(Near Portland)