US or Foreign Flag?

Are the owners of the US entity American citizens?

USCG says:

Could other groups besides MARAD handle?

Yes they are.

Foreign flagged

How would you handle the issue of "charter" in Canada with foreign flag, I understand the trade is restricted to Canadian vessels should you pick up and discharge passengers in Canada. Under free trade you can enter I believe with an "empty conveyance" pick up in Canada then depart to foreign port but cannot cruise port to port in Canada.

Foreign flag

You can of course enter Canada with a full complement of passengers and if you wish drop them off at a Canadian Port, but no pick ups.

We obviously have to abide by the laws of our host country and will not be chartering in Canada.

"The MARAD administrative coastwise waiver process was initially enacted as Title V of the Coast Guard Authorization Act of 1998 (Public Law 105-383). Subsequently, Congress renewed the provision and amended it slightly in section 207(c) of the Maritime Policy Improvement Act of 2002 (Public Law 107-295)."

Above is correct the laws created a waiver. The CFR's quoted created by the agents in how to grant the waiver was not.

C'mon Zud, you can blow all the smoke you want but the point is that "port shopping" does not apply to a MARAD waiver and your belief that it does will not change the fact that Congress can make laws and dictate changes to CFRs in order to create a domestic large yacht charter industry that is not restricted by existing laws and regulations intended to protect coastwise transportation of people and cargo.

It is time for us to teach Congress the difference between Cakewalk and the Staten Island Ferry.

Citizenship Requirements

I called the National Documentation Center today and learned that a MARAD Small Vessel Waiver and a Coastwise Endorsement can be obtained so long as I am able to show that the vessel has always been owned by US Citizens. To satisfy this I need to show the chain of ownership through the Bills-of-Sale from US to US owners, and provide a Declaration of Citizenship (form MA-899) for each owner.

So, assuming that this will go smoothly, what other pitfalls should I be considering?

Us Or Foreign Flag

Maybe you should run it by the Great Lakes Pilote Association to see what they say about it, summer will be over before they make there decession
Good Luck
Rodger

Foreign flagged

If you go through any locks in Quebec Province, fly the Quebec flag as your courtesy flag otherwise you may be shuffled backwards a few times. Please also fly the Canadian flag as a courtesy also keep both flags at the same height !!!

If we are a US Flagged pleasure craft, there shouldn't be any pilotage requirements. This has been confirmed by the US Coast Guard Deputy Director of Great Lakes Pilotage. I have more on pilotage, but that is for another thread.

The hurdle is likely going to be manning requirements. I have learned that I can re-flag under US registry, and that I can likely obtain a Coastwise endorsement. The trouble is that even though my US tonnage is less than 200, the manning requirements will be based upon the 334 ITC measurement when we are in foreign waters.

Foreign flagged

If you are a "registered" foreign pleasure craft, I doubt there would be a concern re, manning requirements in Canada, you would of course have to comply with all safety, pollution and operator qualifications. I may have that on file from Ottawa.

Foreign flagged

This is what I have from Ottawa re, foreign pleasure craft...


In response to your enquiry regarding requirements for foreign recreational boaters operating in Canadian waters:


If you are simply visiting Canada with your pleasure craft, you only need to carry any licensing or registration required in your home state or country. However, if your pleasure craft is principally kept and maintained in Canada, you will need to apply for a pleasure craft licence or vessel registration (see licence vs registration).


Licence vs registration:

All pleasure craft fitted with one or more motors adding up to a total of 10hp (7.5 kW) or more are required to be licensed, unless they are registered. Only one or the other is required. If there's no motor, then neither licensing nor registration is required.

You are required to carry a copy of your licence/registration on board.

There is a difference between a vessel registration and a pleasure craft licence. Vessel registration offers proof of ownership, and allows you to name your ship. If you plan on taking your vessel outside Canada, Transport Canada recommends you have it registered. A fee is involved in registration.
If the craft is already registered, you can find the vessel’s information online at this site:
http://wwwapps.tc.gc.ca/Saf-Sec-Sur/4/vrqs-srib/m.aspx?lang=e

A pleasure craft licence is the set of identification numbers at the front of your boat. Your name must be recorded as the owner of the licensed craft. The licence is essential for search and rescue emergency situations. There is no fee associated with licensing.
If your boat is registered, licensing is unnecessary. Only one of the two is required by law.

If you wish to license your craft, please see our web site for licence procedures:
http://www.tc.gc.ca/eng/marinesafety/debs-obs-paperwork-paperwork_boat_licence-1898.htm
If you wish to register your craft, you should refer to the Vessel Registration Office website and contact information. The link for registration may be found here:
http://www.tc.gc.ca/marinesafety/oep/vesselreg/registration/menu.htm

Dennis- Manning requirements are dictated by the flag-state of the vessel.

Foreign flagged

That's why I posted the extract from Ottawa , in case you were under the impression the requirements would "change" in Canada.

when we went to Alaska 2 yrs ago on our Canadian 70 ft pleasure craft we were subject to pilotage through Wrangle narrows, a pure cash grab, any foreign pleasure craft over 65 ft regardless of who is in command must pay the shot, both way, in effect they agreed that a 16 yr old kid in command could go through the narrows on a 70 ft US flagged vessel, even if I hired a 500 ton US master..still would have to pay.

I refused to play their game and went through "dry spit" instead with a hired jet boat operator leading the way to ensure enough water depth, worked out real well on an 18 ft tide and was a lot of fun.

We were questioned in St Pete and in Juneau as to why we did not hire a pilot, they did not believe we did the dry spit run but I had our track on the plotter, really ticked them off as they were hoping for an arrest.

I understand Washington State also has some pilotage restrictions also and is regarded as a cash grab.