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05-03-2022, 05:11 PM
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#1
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Guru
City: Sandusky Bay
Vessel Name: Escape
Vessel Model: Mariner 37
Join Date: Jul 2016
Posts: 1,302
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Can I anchor in Canadian water?
Specifically Crystal Bay on the Canadian side of the Detroit River. I get that I do not meet the criteria to enter Canada, but the rules for entering Canada are muddy these days. The page below summarizes important information for private boaters who are navigating Canadian waters or hoping to enter Canada by boat.
https://www.cbsa-asfc.gc.ca/travel-v...pb-pp-eng.html
The language in question is about a third the way down the page:
If you enter Canadian waters for leisure and touring, including pleasure fishing, sightseeing and other discretionary purposes (known as loop movements), you are not required to report to the CBSA as long as the boat does not land on Canadian soil, anchor, moor or come alongside another boat in Canadian waters. I do not plan to land on Canadian soil nor anchor alongside another boat in Canadian waters. My plan is to anchor all by my lonesome on some quiet weekday and enjoy the clear waters and nearby ship traffic in the Detroit River. It really comes down to how you read all those commas in that last compound sentence.
Anyone know of a ruling or clarification on that section?
__________________
Escape
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05-03-2022, 05:46 PM
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#2
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Moderator Emeritus
City: Au Gres, MI
Vessel Name: Black Dog
Vessel Model: Formula 41PC
Join Date: Jul 2015
Posts: 20,262
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Quote:
Originally Posted by HeadedToTexas
Specifically Crystal Bay on the Canadian side of the Detroit River. I get that I do not meet the criteria to enter Canada, but the rules for entering Canada are muddy these days. The page below summarizes important information for private boaters who are navigating Canadian waters or hoping to enter Canada by boat.
https://www.cbsa-asfc.gc.ca/travel-v...pb-pp-eng.html
The language in question is about a third the way down the page:
If you enter Canadian waters for leisure and touring, including pleasure fishing, sightseeing and other discretionary purposes (known as loop movements), you are not required to report to the CBSA as long as the boat does not land on Canadian soil, anchor, moor or come alongside another boat in Canadian waters. I do not plan to land on Canadian soil nor anchor alongside another boat in Canadian waters. My plan is to anchor all by my lonesome on some quiet weekday and enjoy the clear waters and nearby ship traffic in the Detroit River. It really comes down to how you read all those commas in that last compound sentence.
Anyone know of a ruling or clarification on that section?
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It says anchor or moor. That is pretty definite IMO.
__________________
Boat Nut:
If you are one there is no explanation necessary.
If you aren’t one, there is no explanation possible.
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05-03-2022, 05:50 PM
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#3
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TF Site Team
City: Seneca Lake NY
Vessel Name: Bacchus
Vessel Model: MS 34 HT Trawler
Join Date: Nov 2014
Posts: 7,507
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"If you enter Canadian waters for leisure and touring, including pleasure fishing, sightseeing and other discretionary purposes (known as loop movements), you are not required to report to the CBSA as long as the boat does not land on Canadian soil, anchor, moor or come alongside another boat in Canadian waters."
Pretty clear to me and consistent with my prior understanding.
You can "pass through" Canadian waters as long as you DO NOT ANCHOR (among other conditions.)
Comma - ANCHOR - comma makes it very clear. I don't see how you can interpret that so that anchoring is allowed???
__________________
Don
2008 MS 34 HT Trawler
"Bacchus"
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05-03-2022, 05:56 PM
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#4
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Guru
City: SoCal and Vancouver Island
Vessel Name: Tortuga
Vessel Model: Nordhavn 63
Join Date: Aug 2016
Posts: 648
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No, you can't anchor in Canada without clearing into Canada. Anchoring is a clear violation of their regulations.
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05-03-2022, 06:03 PM
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#5
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Guru
City: Sandusky Bay
Vessel Name: Escape
Vessel Model: Mariner 37
Join Date: Jul 2016
Posts: 1,302
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I do see that interpretation, and I also see this one.
I do not intend to land on Canadian soil, and I do not intend to anchor, moor or come alongside another boat in Canadian waters. I plan to be anchored all by myself well away from any other boat.
__________________
Escape
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05-03-2022, 06:06 PM
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#6
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Guru
City: Sandusky Bay
Vessel Name: Escape
Vessel Model: Mariner 37
Join Date: Jul 2016
Posts: 1,302
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It would be abundantly clear if put this way:
You are not required to report to the CBSA as long as the boat does not:
1. Land on Canadian soil
2. Anchor
3. Moor or come alongside another boat in Canadian waters
Instead, they left it quite unclear. Landing on Canadian soil is definitely different than getting close to another boat in Canadian waters, true? So the following three verbs act on the noun "boat" in Canadian waters:
1. Anchor
2. Moor
3. Come alongside
__________________
Escape
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05-03-2022, 06:10 PM
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#7
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Guru
City: SoCal and Vancouver Island
Vessel Name: Tortuga
Vessel Model: Nordhavn 63
Join Date: Aug 2016
Posts: 648
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I'm sure the Canadian border officers will be entertained by your interpretation. Hopefully they won't bother and you won't have to find out.
I understood your question to be if you can legally anchor in Canada without clearing into the country. The answer to that question is no, regardless of your attempts at creative interpretation of the rules. You can proceed how you wish with that information.
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05-03-2022, 06:20 PM
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#8
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Guru
City: Guelph
Vessel Name: Escapade
Vessel Model: 50` US Navy Utility trawler conversion
Join Date: Nov 2015
Posts: 2,279
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Quote:
Originally Posted by guy with a boat
I'm sure the Canadian border officers will be entertained by your interpretation. Hopefully they won't bother and you won't have to find out.
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They might be entertained. Or they might threaten to seize the boat and ban you from entering the country ever again. The rule is clear, and violation is a serious offence.
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05-03-2022, 06:21 PM
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#9
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Guru
City: Sandusky Bay
Vessel Name: Escape
Vessel Model: Mariner 37
Join Date: Jul 2016
Posts: 1,302
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How is it that you are so sure, guy?
__________________
Escape
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05-03-2022, 06:23 PM
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#10
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Guru
City: Fort Lauderdale. Florida, USA
Join Date: Jan 2014
Posts: 21,449
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Quote:
Originally Posted by HeadedToTexas
I do see that interpretation, and I also see this one.
I do not intend to land on Canadian soil, and I do not intend to anchor, moor or come alongside another boat in Canadian waters. I plan to be anchored all by myself well away from any other boat.
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You're beating your head against a wall. The law is clear. It's never wavered or changed. You cannot anchor in Canadian waters or any other country's waters without clearing. Simple.
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05-03-2022, 06:44 PM
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#11
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Guru
City: Sandusky Bay
Vessel Name: Escape
Vessel Model: Mariner 37
Join Date: Jul 2016
Posts: 1,302
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So again, does anyone know of a ruling or clarification on that section?
__________________
Escape
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05-03-2022, 06:51 PM
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#12
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Senior Member
City: Amery, WI
Vessel Name: Pursuit
Vessel Model: Transpac Eagle 32
Join Date: Feb 2019
Posts: 107
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The words are separated by commas and that makes each action a separate action. The comas are a shortening of the following statements.
“As long as the boat does not land on Canadian soil.
As long as the boat does not anchor in Canadian waters.
As long as the boat does not moor in Canadian waters.
As long as the boat does not come along side another boat in Canadian waters.”
This is not even a grey area or ambiguous wording.
__________________
Joe and Mona - Snug In Our Tug
Transpac Eagle 32 "Pursuit"
Bayliner 288 Flybridge
Somewhere South of Disorder
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05-03-2022, 06:53 PM
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#13
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Guru
City: Seattle
Vessel Name: AZZURRA
Vessel Model: Ocean Alexander 54
Join Date: Aug 2017
Posts: 4,010
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Canadian Boarder Patrol is quite clear hear in the PNW. Don't drop your anchor unless you have cleared Customs. There is an understanding that if you have an emergency that you can drop anchor after declaring the emergency to the Coast Guard and fly the Quarantine flag. I have seen this happen on boats intending to pass through the inland water way with out stopping.
A couple of years ago the CBP started cracking down on US fishing boats that dropped anchor to fish. They were fine with you fishing and trolling but no anchor dropping.
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05-03-2022, 06:57 PM
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#14
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Senior Member
City: Port Hope
Join Date: Oct 2019
Posts: 147
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Why not just call CBSA and ask them?
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05-03-2022, 07:01 PM
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#15
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Guru
City: Edgewater, MD
Vessel Name: Catalina Jack
Vessel Model: Defever 44
Join Date: Nov 2011
Posts: 3,569
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Quote:
Originally Posted by HeadedToTexas
It would be abundantly clear if put this way:
You are not required to report to the CBSA as long as the boat does not:
1. Land on Canadian soil
2. Anchor
3. Moor or come alongside another boat in Canadian waters
Instead, they left it quite unclear. Landing on Canadian soil is definitely different than getting close to another boat in Canadian waters, true? So the following three verbs act on the noun "boat" in Canadian waters:
1. Anchor
2. Moor
3. Come alongside
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Go ahead, give it a try. Let us know how it turns out.
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05-03-2022, 07:02 PM
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#16
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Guru
City: Sandusky Bay
Vessel Name: Escape
Vessel Model: Mariner 37
Join Date: Jul 2016
Posts: 1,302
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Quote:
Originally Posted by John R M
Why not just call CBSA and ask them?
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I have tried that on a border issue. They were no able to provide an answer and said to check the website periodically for a ruling. That was in November 2021. Nothing yet.
Perhaps I will call tomorrow and report what I hear.
__________________
Escape
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05-03-2022, 07:04 PM
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#17
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Guru
City: Walkabout Creek
Join Date: Jan 2013
Posts: 9,577
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Quote:
Originally Posted by HeadedToTexas
It would be abundantly clear if put this way:
You are not required to report to the CBSA as long as the boat does not:
1. Land on Canadian soil
2. Anchor
3. Moor or come alongside another boat in Canadian waters
Instead, they left it quite unclear. Landing on Canadian soil is definitely different than getting close to another boat in Canadian waters, true? So the following three verbs act on the noun "boat" in Canadian waters:
1. Anchor
2. Moor
3. Come alongside
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A comma list is just that - a list. It's not two things with a sub list. I think there is zero ambiguity with the language.
__________________
MVTanglewood.com
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05-03-2022, 07:18 PM
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#18
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TF Site Team
City: Saltspring Island
Vessel Name: Retreat
Vessel Model: C&L 44
Join Date: Nov 2007
Posts: 5,584
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Pretty simple.
All you have to do is clear Customs, then you can anchor. Problem solved.
__________________
Keith
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05-03-2022, 08:33 PM
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#19
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TF Site Team
City: Seneca Lake NY
Vessel Name: Bacchus
Vessel Model: MS 34 HT Trawler
Join Date: Nov 2014
Posts: 7,507
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Quote:
Originally Posted by HeadedToTexas
I do see that interpretation, and I also see this one.
I do not intend to land on Canadian soil, and I do not intend to anchor, moor or come alongside another boat in Canadian waters. I plan to be anchored all by myself well away from any other boat.
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I believe you might have a point if it read anchor, moor AND come alongside another boat. The OR says you can't do any of those not just some convoluted combination that's prohibited.
The key point is you are OK as long as you are floating / cruising in Canadian waters and have NO attachment or connection to Canadian soil... even if you don't but you connect to another vessel that does.
Don't take our collective word.... call the Canadian authorities and inquire or just go ahead and try to explain it to the officer. Just be aware that $1,000 fines are fairly common for violations and confiscation of property (boat) isn't out of the question.
Bacchus out and back to Ch 16!
__________________
Don
2008 MS 34 HT Trawler
"Bacchus"
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05-03-2022, 08:59 PM
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#20
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Guru
City: Sydney
Vessel Name: Sojourn
Vessel Model: Integrity 386
Join Date: Oct 2011
Posts: 13,039
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HTT, You are trying to add an exclusion from the anchoring prohibition in these terms: "Provided that you may anchor if you do not intend to anchor, moor or come alongside another boat in Canadian waters and you plan to be anchored well away from any other boat."
It`s just not there, is it? Worse still your "exclusion" is relies on "intentions". Your present "intentions" can change.
__________________
BruceK
2005 Integrity 386 "Sojourn"
Sydney Australia
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