American Yacht Agents

Cruising US Waters
It’s time to consider the US for more than a stopover to refuel and reprovision or as the gateway to the Caribbean islands

South Florida is the centre of yachting in the US. But there is a lot of coastline to discover beyond the Florida Peninsula. The coastlines and ports are as varied as the two oceans that sandwich the North American continent.

The Atlantic coast varies from the multi-cultural energy of Miami, to the historic low country of Georgia and the Carolinas, continuing north to the excitement of New York City, and quiet remote anchorages in Maine. The inland Sea of Lake Superior and the Great Lakes provide a unique freshwater cruising experience, passing through the Saint Lawrence Seaway and by historic Canadian cities.

The Pacific coast abounds with sealife and it’s not uncommon to find yourself near a pod of whales, including orcas, or visited by sealions. Again with ports as varied as Los Angeles and Portland Oregon, Seattle Washington, and the fjords and glaciers of Alaska, there is a lot to see and experience during a cruise of the US West Coast.

With all this coastline and the disparate cultures between the east and west coast there are also varying regulations. You will end up dealing with various government agencies. The two federal agencies are US Coast Guard (USCG) and Customs and Border Protection (CBP), both agencies fall under the Department of Homeland Security (DHS). In some cases individual states will have specific regulations that need to be followed – most notably pilotage and specific requirements for pollution and environmental protection.

When you are planning your visit to the US, there are three key things to put in place well in advance to avoid a denial of entry.

COFR
Vessels over 300 GRT must have a COFR – Certificate of Financial Responsibility for water pollution. This is applied for through the National Pollutions Funds Center and requires your insurance carrier to provide proof of appropriate coverage. Application and approval process can take up to 21 days.

NTVRP
Vessels over 400 GRT require a Nontank Vessel Response Plan (NTVRP) this is similar to your SOPEP, but needs to be submitted and approved by USCG, with salvage contracts in place. Application and approval process can take up to 21 days.

VISAS

All non-US crew on private yachts are required to have B1 visas. The only exception is Canadian crew that are automatically issued a B1 or B2 on arrival. The B1 visa indicates the crewmember is there for business. The B2 visa is strictly for tourism. Those that have arrived in the US without being attached to a vessel will be admitted as a B2 status.

*Note: They can not work on a vessel that is in US waters. It is common for crew just starting out to arrive on a B2 and think they can daywork until they find a permanent job. They cannot and are risking deportation and denial of future visas.

American Yacht AgentsFULL STEAM AHEAD – PLANNING FOR YOUR US ARRIVAL
Foreign flagged vessels over 300 GRT must file an electronic notice of arrival according to the following timelines.

Voyage time: 96 hours or more
You must submit an NOA – At least 96 hours before arriving at the port or place of destination

Voyage time: Less than 96 hours
You must submit an NOA – Before departure but at least 24 hours before arriving at the port or place of destination

 

PILOTAGE
Pilotage regulations vary by state, as an example, Florida pilotage is required for foreign flagged vessels over 7 foot draft. Georgia pilotage is required for foreign flagged vessels over 200 gross tons. Enforcement of pilotage regulations also varies. We recommend contacting your agent for current information for each port.

There are two steps to arrival in the US, the crew and the vessel, requirements and availability of services vary by port. It is recommended you check with your local agent.

Crew admission by an immigration officer. In some ports the officers will visit the vessel, in many the crew will need to visit the closest Customs and Border Protection (CBP) office. All crew must present passport and valid B1 visa. They should be stamped in on a B1 status.

VESSEL ENTRY
Certain flags are allowed to receive a US cruising license. For a full list of countries that do qualify visit www.ecfr.gov/current/title-19/chapter-I/part- 4/subject-group-ECFR9bbbb4feecf5410/section-4.94#p-4.94(b)

Issuance of cruising licenses varies from port to port based on the discretion of the port director. Of the vessels that most commonly visit the US, notably Malta flagged vessels do not qualify for a cruising license. But a cruising license is not required to be in US waters. If your vessel does not qualify due to being available for charter or sale or not being on the exempt list you can still enjoy cruising in US waters. If you do not have a cruising license you will need to clear in and out of each port that you visit. Clearance is not needed for sea-trials or day cruises.

DEPARTMENT OF AGRICULTURE- REGULATED WASTE REMOVAL
CBP agriculture officers are usually very focused on commercial vessels and importers of produce and food products. Invasive pests, plants and other pathogens pose a serious risk to US agriculture. In the past few years there has been more attention paid to private vessels arriving in the US from foreign ports. On arrival vessels are required to have a regulated hauler remove any food waste and have it incinerated. Vessels can choose to remain in “foreign status” (this is just in reference to their waste removal) or obtain “domestic status”. To obtain domestic status, and be allowed to put all of your food waste into the domestic waste stream (the regular bins on the dock) you need to do a “purge”.

A purge requires that all fresh produce, dairy – excluding hard cheeses, and meat fresh or frozen be removed from the vessel by the regulated hauler and be incinerated. All refrigerators and freezers must also be cleaned. The removal process needs to be witnessed by a CBP officer.

There are efforts being made by advocates in the yachting industry to simplify the process and allow certain USDA items to remain onboard. The hope is simplifying the process will increase compliance. Vessels found not to be in compliance may be subject to fines.

With a knowledgeable agent cruising the US is fairly straightforward. In addition to keeping you on the right side of the regulations, your agent can also assist with guest experiences and guide you to the best vendors and service providers.

American Yacht Agents is a member of AYSS – the association of yacht support services, and along with other AYSS members based in California, Washington and Rhode Island can provide the support you need to navigate local regulations. Contact your local agent: www.ayss.org

For more details Tel: +1 954 908 7559 | 954 684 9456 or visit www.americanyachtagents.net