Regulation for skippering a U.S. flagged recreational vessel into the USA

[SailingHarmonie]

Originally Posted by Dave Lochner

The rules requiring a licensed captain or master apply when the captain is being paid and/or when the boat is an Inspected Vessel which is different from a documented vessel.

Documentation is a registration, inspection is a safety inspection to determine the suitability for commercial use.

CFR 46 covers inspected vessel.

CFR 33 covers navigable waters and general safety and a few other areas.

So, if you are not being paid, have all the paperwork necessary to prove ownership and permission, then there should be no issue. The owner's permission letter should be clear that no compensation is being paid.

Unfortunately you (and many others) are taking a simplistic and uninformed view of what “being paid” means. It actually has nothing to do with the skipper being paid or not. It is if the OWNER is being paid by a third party. Go back and read the rules.

For example, an owner can hire an unlicensed skipper to deliver his boat. That is not an illegal charter.

If an owner is being paid (in any way) for a passenger to ride on his boat the captain needs to be licensed, even if he is a volunteer and not being paid in any way. That IS an illegal charter.

[Zanshin]

Originally Posted by Ike

I am a retired US Coast Guard Officer who spent over 20 years working in recreational Boating Safety. This a question that occasionally came up. The above quote is the correct answer... You do not need any special permission, permit or otherwise to enter the US on a Recreational boat (or Yacht). It's really that simple.

The rules quoted previously in CFR 46 apply to commercial vessels, not recreational boats. There are no such rules in CFR 33, which covers recreational boats.

You as a non citizen need a visa. But a documented recreational boat does not need a US citizen as the skipper. That's part of the Jones Act and only applies to Commercial vessels.

While I'm still waiting for an answer to my question from CBP/DHS, I'll take the posts in this thread as a good indication that this isn't going to be a problem. I've cleared in/out at Norfolk with my own boat (U.K. flagged) several times in the past and since that is going to be where I'll be clearing back in on this boat as skipper, I'll ask in person before leaving. Clearing out of the USA will be done in Newport (as part of the Newport-Bermuda race). Everyone on board is a volunteer and not being paid, neither is the owner; and I'm the only non-American but have my B1/B2 so I don't envision any issues. I'll certainly update the thread should I hear anything different and will close the thread with success/failure in just over a month when I return and clear back in.

Thanks everyone for the posts!

[lifeofreilly57]

I may be possibly over simplifying this a bit, but why not just contact or call the US Coast Guard or the Harbormaster/port captain of the harbor your going to.
I worked internationally for 14 years then managed the group that did that work for 17 years, in dealing with people moving into and out of countries doing technical and process support, every country has different regulations, I found a call was worth a 1000 emails and usually got the information in a more understandable fashion.
On the phone if you aren't clear on the instructions given you can instantly ask for clarification on a particular point, in emails that would be a dozen emails over weeks with still vague answers and often times just sent copies of regulation paragraphs that are vague to start with.
Sure, you may be on hold for awhile while you get directed up the ladder to the proper person for that info, but at least you'll get an answer in a day, not weeks of emailing back and forth.
I've found the US Coast Guard pretty cooperative and usually helpful hen needed and also honest when they aren't sure, in those cases they usually said they'd look into it and get back to me, which they did.
Just my two cents worth.

[Zanshin]

@lifeofreilly57 - my last post stated I was doing exactly what you stated. I'll be going to the office in Hampton where I'll be clearing back into and asking in person. I haven't gotten any answers to my e-mailed questions in 3 weeks to date.

[sck5]

I came into the USA with my documented pleasure vessel several times. No issues at all since it is not commercial and thus the rules reserving crew positions on US merchant vessels do not apply.

The only thing they cared about was whether my non-US passengers had a valid passport and visa. Just like they were entering an airport.

Interesting story - I came into Beaufort, NC once and had to wait a day and a half to get Customs to come and clear us in. I asked them about the delay and wondered whether that would give smugglers time to offload almost anything they wanted - guns, people, drugs, etc. The customs guy looked at me and said "Oh dont worry. We know where you've been already"