Closed Loop Cruise to Canada...does anyone know the law?

pbolden

Petty Officer 2nd Class
Joined
Dec 12, 2009
Messages
184
Hello Everyone,

My wife and I often cruise to Canada from South Bass Island in Erie. We both have passcards so there's no legal concern for us. Occasionally we have guests that we would like to take to Canada but they do not have passports or passcards for reentry into the U.S. Commercial cruises that originate at an U.S. port and return to that same port as a final destination are considered "Closed Loop" and as such, passengers are exempted from the passport/passcard requirement if that vessel should have a stop at a foreign port. A birth certificate and photo I.D. are all that are required for there reentry into the U.S. Would my guests be afforded the same privilege? Anyone know the law?

Thanks,
Paul
 

airdvr1227

Lieutenant Commander
Joined
Jul 15, 2009
Messages
1,666
No. The cruise industry has a powerful lobby in DC. If you cross into Canada on your personal vessel you better have a Passport when you return. I know....it's stupid but it's the government.
 

Mischief Managed

Lieutenant Commander
Joined
Dec 6, 2005
Messages
1,928
If you don't land at a port in Canada, you can enter Canadian waters and come back to the US without having to go through Customs and Immigration because the US does not define that as leaving the US:

"Any small pleasure vessel leaving a United States port into international or foreign waters, without a call at a foreign port, does not satisfy the foreign departure requirement. Therefore, certain fishing vessels, cruises to nowhere, or any vessel that leaves from a United States port and returns without calling a foreign port or place, has not departed the United States."

http://www.cbp.gov/travel/pleasure-boats-private-flyers/pleasure-boat-overview

If you make a call at a Canada port, your guests will need passports or passcards.
 

pbolden

Petty Officer 2nd Class
Joined
Dec 12, 2009
Messages
184
Thanks airdvr1227 and Mischief Managed...especially for the link! Too bad for my guests.
 

JoshOnt

Chief Petty Officer
Joined
Aug 12, 2013
Messages
487
If you don't land at a port in Canada, you can enter Canadian waters and come back to the US without having to go through Customs and Immigration because the US does not define that as leaving the US:
Canadian law takes affect once you enter Canadian water and according to Canadian law you are required to go through Customs via the radio I believe is how it is now. This is a recent change to the laws, I believe 2012 or newer.

I should add that if you don't go to a Canadian port and forget to let customs know you entered Canadian waters you should be fine if you are not caught.

** This is by no means legal advice, consult the laws yourself so you have a better understanding of the exact requirements and how the laws work.**
 
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pbolden

Petty Officer 2nd Class
Joined
Dec 12, 2009
Messages
184
Thanks again guys...still a shame though. A passcard is too expensive and time consuming for friends who would probably visit Canada just this once. Little old cotton top ladies hardly represent a terrorist threat...silly.
 

82rude

Rear Admiral
Joined
May 8, 2012
Messages
4,082
Canadian law takes affect once you enter Canadian water and according to Canadian law you are required to go through Customs via the radio I believe is how it is now. This is a recent change to the laws, I believe 2012 or newer.

I should add that if you don't go to a Canadian port and forget to let customs know you entered Canadian waters you should be fine if you are not caught.

** This is by no means legal advice, consult the laws yourself so you have a better understanding of the exact requirements and how the laws work.**

I live in a border town and unless you land on Canadian soil there is no need to report in anywheres.up here you could be in and out of Canada USA waters so many times all you would ever do is be on the radio all day long.Theres up to a combined total of 10 local and federal agencies that are out on the water here and in 40 years ive never had an issue ever.
 

littlerayray

Lieutenant
Joined
Feb 17, 2013
Messages
1,456
I'm the same I cross over to american side all the time back and forth never been an issue as long as you don't drop anchor or step ashore
 

82rude

Rear Admiral
Joined
May 8, 2012
Messages
4,082
Not sure why my city is missing from my avatar but im from Sault Ste Marie Ontario..From my door to U.S. customs is a 5 minute drive .
 

littlerayray

Lieutenant
Joined
Feb 17, 2013
Messages
1,456
Not sure why my city is missing from my avatar but im from Sault Ste Marie Ontario..From my door to U.S. customs is a 5 minute drive .
I'm about the same I love going out on the st lawrence it's big and lots of little nooks and crannies my G.F. and I can go do naughty things in :eek::D
 
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