Sailing in the US

[boatpoker]

Originally Posted by gaucho

I recently had a terrible experience with CBP. I have a foreign flagged vessel and a cruising permit. My sailboat was stationed in Johns Island, SC, right next to Charleston (to me it's all Charleston). I checked in to St Johns Harbor when I first arrived in January. Actually I checked in twice, because I first arrived at a different marina.

After months of being there, in my slip, last month when I was about to leave for Florida, I anchored in the Charleston bay, so a friend who was anchored there could help me with a few things. I got boarded by the Sheriff, who in turn "called me in to CBP" for not having announced I was going to go to the Charleston bay, who in turn ended up with two CBP officers boarding my boat the next day (in St Johns). These fellows claimed I never checked in. I said I did, I showed them when I arrived on my logbook.

Not enough. Who was the officer? I don't know, I didn't ask. Well you should. I have asked (since this event) and many will not give you a name. Go figure. There is no set of rules. They kind of make them up as they go. I checked in when I arrived in Canaveral, and then when I moved to Ft Pierce I got an aggressive: you don't need to call everytime you move your boat; you already checked into Florida.

Go figure. The peeps in Charleston almost threatened me with seizure of the vessel since they had no record of me checking in. Well, it's a phone call. I did it 4 months ago. If you are going to behave like bitches about it, then make a better system that is not based on a phone call to some dude who won't even give you a "confirmation number" or anything like that. It's broken, and CBP officers hold too much power, and many of them enjoy toting that power around. Sad.

I don't think they want our money anymore.

[lonesoldier0408]

Wrong, that's all they want. I've heard, "Agents," say, "We don't have to identify ourselves, but you must identify yourself." "We're not allowed, to give out the fax number."

[sestina]

SWMBO did the phoning in. She always asked for the officer's serial number, she never had a problem.

[GordMay]

Originally Posted by sestina

SWMBO did the phoning in. She always asked for the officer's serial number, she never had a problem.

Exactly! They WILL give you a badge number.

[carstenb]

We have checked in all the way from florida to NY, every single CPB officer had told me that I only need to check in as I enter each sector - I ahve asked them specifically if this is correct and been told that it is. I always ask for either a name or badge number and log it in our log book.

So far I've not had a problem with anyone- they have almost all been polite and freindly.

[boatpoker]

You people that have had no problems and been told you don't have to call in every time you stop ... Has that been in the last twelve months ?

[hpeer]

Boatpoker,
I'm a dualie US/Canada, when on my Canadian boat I'm treated as an alien. My experience, last summer, was the same as you in some jurisdictions but not others. I set rules, make it up as you go. The USA is no longer a land of laws and respect for the law.

[jmschmidt]

I don't think any state has the right or authority to tax a foreign flag vessel as long as all customs paperwork, including a valid cruising permit, is up to date. But I wouldn't hang around for more than 30 continuous days in any one state. The reason being that state tax collectors are not the brightest bright-work on the deck. Most are poorly trained and don't understand their own state's laws, let alone federal or international law. You would think they work on commission trying to squeeze every last nickel out of the yachties whom we know are all rich trust-fund babies and don't deserve to be cruising around the world. Be thankful you don't own an airplane or have a pilot license.

[skipmac]

Originally Posted by jmschmidt

I don't think any state has the right or authority to tax a foreign flag vessel as long as all customs paperwork, including a valid cruising permit, is up to date.

It depends on the state and the boat and circumstances. For example, if a foreign citizen purchases a boat in the US he/she could be legitimately charged sales tax.

But I wouldn't hang around for more than 30 continuous days in any one state. The reason being that state tax collectors are not the brightest bright-work on the deck. Most are poorly trained and don't understand their own state's laws, let alone federal or international law. You would think they work on commission trying to squeeze every last nickel out of the yachties whom we know are all rich trust-fund babies and don't deserve to be cruising around the world. Be thankful you don't own an airplane or have a pilot license.

In my experience very unlikely to be harassed for sales tax if you are a visitor passing through US citizen or otherwise, but you could be asked to register your boat in a state if you stay more than 90 days. Since most states the registration fee is $50-$100 or so it's not that big a deal.

[carstenb]

Originally Posted by boatpoker

You people that have had no problems and been told you don't have to call in every time you stop ... Has that been in the last twelve months ?

We have been sailing in the US since April of this year - 2017. I've asked this qustion of the CPB in the following states: Florida, South Carolina, North Carolina, Virginia, DElaware, Maryland, New Jersey, Pennsylvania, New york, Rhode Island.

The last time I asked this question was in South Carolina, 10 days ago and I got the same answer. Once you are in a sector - you do not have to call any more until you sail into a new sector.
The only problem we have had is that the first 'CPB officer in the USVI only gave us a 6 month visa, so we have had to ask for an extension from the US Immigration. Several CPB officers have told us that we can get a 12 month visa, but probably the fficer in USVI did not know this.

[skipmac]

Originally Posted by carstenb

We have been sailing in the US since April of this year - 2017. I've asked this qustion of the CPB in the following states: Florida, South Carolina, North Carolina, Virginia, DElaware, Maryland, New Jersey, Pennsylvania, New york, Rhode Island.

The last time I asked this question was in South Carolina, 10 days ago and I got the same answer. Once you are in a sector - you do not have to call any more until you sail into a new sector.

HI Carsten,

Unfortunately my friend from Denmark, who just cleared back into the US from Canada in New Bedford MA three weeks ago has been getting an entirely different message. On his trip up the east coast from the Caribbean this spring and again headed south this fall he has been told to call every time he moved, even if he just moved anchorage to the harbor next door.

[boatpoker]

Originally Posted by carstenb

We have been sailing in the US since April of this year - 2017. I've asked this qustion of the CPB in the following states: Florida, South Carolina, North Carolina, Virginia, DElaware, Maryland, New Jersey, Pennsylvania, New york, Rhode Island.

The last time I asked this question was in South Carolina, 10 days ago and I got the same answer. Once you are in a sector - you do not have to call any more until you sail into a new sector.
The only problem we have had is that the first 'CPB officer in the USVI only gave us a 6 month visa, so we have had to ask for an extension from the US Immigration. Several CPB officers have told us that we can get a 12 month visa, but probably the fficer in USVI did not know this.

Wow, I'm surprised. I have been routinely harassed since spring of 2016. In fact in SC the CPB told us that they were absolutely by the book in SC and there was no flexibility at all.

We were given a written Notice of Violation for attempting what you say and threatened with a fine and possible vessel seizure if I failed to comply again.

Part of the Notice reads ...
Section 4.2 of the Customs and Border Protection Rgulations (Title 19, Code of Federal Regulations, section 4.2) which states that upon arrival in any port or place within the U.S., any vessel from a foreign port or place, or any foreign vessel from a port or place within the U.S. the master of the vessel shall immediately report their arrival to the nearest Customs and Border Protection facility.

At the bottom it says ....
Penalties for violations of vessel arrival, reporting, entry and clearance requirements. Civil Penalty: Any master who fails to report arrival is liable for a civil penalty of $5,000 for the first violation and $10,000 for each subsequent violation, and any conveyance used in connection with any such violation is subject to seizure.

You pays your money and takes your chances

[Jim Cate]

As a US citizen who has been welcomed in many countries and localities throughout the South Pacific, I'm embarrassed by these tales of bureaucratic woe. Sure, there have been rules and regulations, but they have been pretty transparent and fairly executed,
even here in Oz, where the reputation for the officials is widely disparaged.

Sometimes I wonder what I am doing in this handbasket, and why it is getting so warm...

Jim

[jeepbluetj]

I'm with Jim. As a USA citizen, I'm embarrassed by the hassle/insanity the bureaucracy is giving to visitors that should be warmly welcomed, particularly Canadians. (since we're neighbors and all)

I cannot, however, do anything about it except buy y'all a beer if you end up in socal.

[skipmac]

Originally Posted by jeepbluetj

I'm with Jim. As a USA citizen, I'm embarrassed by the hassle/insanity the bureaucracy is giving to visitors that should be warmly welcomed, particularly Canadians. (since we're neighbors and all)

I cannot, however, do anything about it except buy y'all a beer if you end up in socal.

Same here. I see no reason why we should treat visitors with such suspicion (except for those sneaky Canadians ). These are the kind of restrictions usually seen in places like Russia or China.

However, it's not just visitors. Even US cruisers are subject to boarding and search without a warrant or probable cause. I guess the US government just considers boaters in general as a bunch of criminals.