STOP CONFUSING AMERICAN BOATERS!

CANADIAN BORDER SERVICE AGENCY MUST CLEARLY COMMUNICATE EXPECTATIONS AND DUTIES OF AMERICAN BOATERS IN CANADIAN WATERS, REVIEW RECENT PORT DAHLOUSIE BOAT SEIZURES

Yesterday, Senator Charles E. Schumer called on the President of the Canada Border Services Agency (CBSA) to promptly review a recent incident in which Niagara County residents Randy Hook and Gerald Daniel were boating in Port Dahlousie when two of their vessels and one of their Jet Skis were seized by the Agency and they were forced to pay $3000 in fines after attempting to lawfully report their presence. Schumer stated that a two-pronged resolution is needed in this situation: Canada Border Services Agency must provide clear and readily available guidance in terms of the expectations and obligations of American boaters, and should investigate the Hook and Daniel families' treatment and costly boat seizure, given their unsuspicious and lawful aims in the incident.

"The Canadian Border Services Agency should immediately clarify their maritime border policies for New York boaters so that incidents like the recent boat seizure in Port Dahlousie don't happen again," said Schumer. "I am urging the CBSA to promptly review the recent incidents during which the Hook and Daniel families called authorities to lawfully report their vessels during boating trip, but were instead slapped with $3000 in fines. I believe that this case must prompt a review of CBSA's policies and procedures both as to his individual case and for future similarly-situated cases. CBSA must more clearly communicate the duties and expectations of Americans boating near the border, and to provide clear warnings in incidents with first-time offenders in those situations."

In a letter to Luc Portelance, President of the Canada Border Services Agency, Schumer highlighted a recent incident during which Niagara County residents attempted to report their presence while on vacation, but were still forced to pay significant fines. According to reports, Canadian border patrol officers determined that both the Hook and Daniel families had failed to report their presence. However, both families had attempted multiple times and through various means to report their presence within minutes of entering Canadian waters. Ultimately, both of the families' boats and a Jet Ski were seized and the families were required to pay a $1,000 fine per vessel to get them back. In addition, the families had their NEXUS passes confiscated. The western New York residents have visited Port Dahlousie for over ten years and made a good faith effort to comply with Canadian law.

Schumer noted that without clear guidance, American boaters might be in violation of Canadian law without any knowledge or any illegal intent. Moving forward, Schumer noted that the expectations of those boating near the Canadian border must be made clearer, including the need to report presence at ports of entry, whether boats are anchored or otherwise on shore. Schumer urged for a two-pronged resolution to this issue: he asks that CBSA work to provide warnings and clear guidance to first-time offenders who are caught boating on the U.S.-Canada border with no suspicious or unlawful aims, and asks that the CBSA investigate its treatment of the Hook and Daniel families to determine whether the equities of his case should prompt CBSA to refund the fine he was required to pay.

A copy of Sen. Schumer's letter to appears below:

Dear Mr. Portelance:

As Chairman of the United States Senate Subcommittee on Immigration, Refugees and Border Security, I am responsible for directing U.S. Senate policy on northern border issues. In this capacity, I am continually briefed and updated on the increased collaboration that our Customs and Border Protection officials are engaging in with the Canada Border Services Agency (CBSA) to create a safer border and a border that encourages tourism and commerce. I very much appreciate your efforts in this regard. 

I write today to highlight a recent incident involving several of my constituents, Randy S. Hook, a resident of Lockport, New York, and Gerald S. Daniel of Burt, New York, which I believe should prompt a review of CBSA's policies and procedures both as to their individual cases and for future similarly-situated cases. 

While visiting Port Dahlousie with their families on their respective boats, both vessels, along with the Jet Ski operated by Mr. Hook's daughter, were seized by Canadian Border Services Agency officers. Officers determined that both the Hook and Daniel families had failed to report their presence. However, both families had called in to report their presence; Mr. Hook called within 17 minutes of dropping anchor. Ultimately, both boats and the Jet Ski were seized and the families were required to pay a $1,000 fine per vessel to get them back. In addition, the families had their NEXUS passes confiscated. Misters Hook and Daniel have visited Port Dahlousie for over ten years and made a good faith effort to comply with Canadian law.

For many boaters living in upstate New York, it is difficult to understand their exact duties and obligations under Canadian law when visiting destinations along the Canadian border. Because violations of the kind that the Hook and Daniel families were cited for can be committed without any knowledge or any illegal intent, I respectfully ask that CBSA work to provide warnings and clear guidance to first-time offenders who are caught boating on the U.S.-Canada border with no suspicious or unlawful aims. In addition, I respectfully ask that the CBSA investigate its treatment of Misters Hook and Daniel to determine whether the equities of their cases should prompt CBSA to refund the fines they were required to pay.

We believe that your agency is acting as a good faith partner with the United States to resolve our shared border issues. It is in this good faith spirit that I ask you to work with my office to resolve this issue. If there is any assistance you need from Congress in this regard, we stand ready to help with any legislation necessary to further this objective. We thank you for your attention to this important matter, and look forward to working with you to assist you in your mission of protecting our shared border while promoting travel, trade, and commerce.