Some Good Reasons to Fly the AMERICAN Flag
By Captain Jeffrey R. Herbik
A foreign flag vessel (and it’s crew) cruising the Atlantic Ocean the Pacific Ocean the
Chesapeake Bay or any of the scenic waterways adjacent to or inside the colregs
boundaries are subject to some meaningful regulations.
Just because the vessel has a cruising permit (issued by homeland security customs)
does not exempt the vessel and its captain from customs compliance. That is any port
where the vessel remains for over 24 hours and is in a different custom jurisdiction that
the last port there is a reporting requirement. Several months ago a foreign flag
vessel on a leisurely trip up the east coast en route to a Yard in Virginia reported upon
arrival at the yard and was assessed a multi thousand-dollar fine for Failure to report at
several stops made along the way. The Customs officers were sympathetic but a stiff
fine was still assessed.
The cruising permit or license which had been hand done in the past is, like most things
in our lives is now computerized and the vessel becomes part of a database. When
was the last time you actually read this document, a Captain and an owner should take
the time to do that. Just listing the vessel for sale can subject it to forfeiture. (A
special exception exists for the Fort Lauderdale and Miami Boat shows see a customs
broker e.g. Steel Reader, for the particulars.)
Foreign Crew members face special immigration requirements, (and in some cases tax
requirements) especially if the vessel is to remain in the country for several months and
their visas are not compatible with the in yard or the vessel’s cruising plans. Do bear in
mind that customs, immigration and the Coast Guard may board and inspect the vessel
it’s documents, the crew’s documents at any time, under Port State authority.
Several States offer rather favorable advantages to register vessels, the Carolinas and
Delaware come to mind (see your tax professional, one who has your interest in mind
as opposed to foreign registration agent).
In these post 9/11 turbulent times, flying the American flag in America can actually be to
your advantage!
For more helpful information on yachting see :http://yachtinginsider.com
By Captain Jeffrey R. Herbik
A foreign flag vessel (and it’s crew) cruising the Atlantic Ocean the Pacific Ocean the
Chesapeake Bay or any of the scenic waterways adjacent to or inside the colregs
boundaries are subject to some meaningful regulations.
Just because the vessel has a cruising permit (issued by homeland security customs)
does not exempt the vessel and its captain from customs compliance. That is any port
where the vessel remains for over 24 hours and is in a different custom jurisdiction that
the last port there is a reporting requirement. Several months ago a foreign flag
vessel on a leisurely trip up the east coast en route to a Yard in Virginia reported upon
arrival at the yard and was assessed a multi thousand-dollar fine for Failure to report at
several stops made along the way. The Customs officers were sympathetic but a stiff
fine was still assessed.
The cruising permit or license which had been hand done in the past is, like most things
in our lives is now computerized and the vessel becomes part of a database. When
was the last time you actually read this document, a Captain and an owner should take
the time to do that. Just listing the vessel for sale can subject it to forfeiture. (A
special exception exists for the Fort Lauderdale and Miami Boat shows see a customs
broker e.g. Steel Reader, for the particulars.)
Foreign Crew members face special immigration requirements, (and in some cases tax
requirements) especially if the vessel is to remain in the country for several months and
their visas are not compatible with the in yard or the vessel’s cruising plans. Do bear in
mind that customs, immigration and the Coast Guard may board and inspect the vessel
it’s documents, the crew’s documents at any time, under Port State authority.
Several States offer rather favorable advantages to register vessels, the Carolinas and
Delaware come to mind (see your tax professional, one who has your interest in mind
as opposed to foreign registration agent).
In these post 9/11 turbulent times, flying the American flag in America can actually be to
your advantage!
For more helpful information on yachting see :http://yachtinginsider.com
Copyright © 2008 yachtinginsider.com
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By: Captain Jeffrey R. Herbik
Have you heard from your insurance company lately? If you have not and you are the
Captain, Owner or Operator of a recreational vessel Power or sail, expect to and soon!
One insurance company in no uncertain terms categorically states on it’s Severe
weather Plan Questionnaire for Crewed vessels “Wind coverage will not be afforded to
vessels located south of Morehead City NC between 30 June and 1 November unless
an acceptable Severe Weather Plan is completed and Approved by a *** Private client
Group Yacht Underwriter”.
The questions can be as detailed as “how many lines are going to be used,” which
direction is the slip facing” and of course a wonderful catch 22 “ do you have
alternative plans if your primary plan becomes unlikely?”
In short, if you are to have a reasonable chance of collecting from your insurance
company, they expect a reasonable effort to protect the vessel and real efforts to
mitigate loss or damage, now more than ever before.
Understanding that yacht crew may have shore side responsibilities, house car etc.
they cannot just tie the vessel to the dock and run, after all the vessel that they are
being paid to care for is their job and may have funded those shore side assets in the
first place! Therefore that word again PLAN.
The components of that plan far exceed how many lines are in inventory. Is the
vessel kept topped off? (If there is, a Severe WX warning fueling might not be readily
available or waiting for it might affect your plans). A recheck of just what is the vessel’s
range at speed, if the plan is to get out of the way. What is your window, that is just
WHEN do you make the decision to run? Of course WHERE TO? If you are short of
crew, it might be a bit late to augment the crew compliment 2 days before a Hurricane
is forecast to strike (after all it is the middle of summer). Like shore side people, you
need stores to last a week. Someone needs to feed the crew and grocery stores are
notoriously busy at the last minute.
The devil is always in the details, if you are at a dock up a river or if you are going to a
dock up a river, what are the local regulations on Bridges? Most South Florida
communities have ordinances that affect opening hours and they have ordinances that
dictate how their bridges will operate during severe weather events. It may seem
overly cautious to depart a seemly safe slip or dock 3 days in advance of a warning or
watch however timing is indeed everything. Too late may preclude getting into that
hurricane hole you had in mind or being trapped behind a bridge in an unsafe location.
.
Broward County has a Flotilla Plan for the New River; you can review it at www.broward.
org/hurricane/hm-boats.htm
On the East Coast of Florida the perennial question is to go North or to go South, the
United States Navy in Norfolk VA usually takes the big ship option, they go to sea.
That may not be the best option for a 10-knot vessel however.
Good weather forecasting is imperative and taking those actions to keep your or your
clients vessel out of harms way in a timely manner is the responsibility of the Captain
and his crew Make a seaman like decision based on all available data and be
prepared to alter or modify that decision as events dictate.
Consultation with the owner to establish practical time parameters is an essential part
of any plan That when question needs to be addressed and agreement reached.
It could result in an expensive voyage to nowhere or prudent action could save the
vessel. However, running away from the storm just might be the best run the vessel
ever made. If nothing, else such a trip could provide an excellent opportunity to
exercise the vessel and do some real crew training.
A Plan is not a unilateral thing, the owner, and insurance carrier, crew; need to be on
the same page with the captain if it is to be workable (emergency funds for example,
relocation of the vessel’s vehicle, the crew working together to secure their personal
assets in adequate time to implement the vessel’s plan etc.)
The middle of the Season may not be the optimum time to develop a plan, reduce it to
writing, and organize the necessary supplies and assets. However, it is better NOW
than when storm damages are being negotiated with a claims adjuster or trying to get
into the yard behind a hundred other vessels.
The Author would like to Thank Mr. Frank Atlass of ATLASS insurance for his help and
direction particularly with Insurance companies questions regarding plans, as they all
are a bit different.
For more helpful yachting information click here:
Captain Jeffrey R Herbik
USCG 1600 ton ocean master (3000 ton itc) British MCA cec.
Contract yacht delivery & special projects
Fort Lauderdale, Florida 33316
Phone/Fax: 954-801-2662
e-mail: yachts Deliveries
Have you heard from your insurance company lately? If you have not and you are the
Captain, Owner or Operator of a recreational vessel Power or sail, expect to and soon!
One insurance company in no uncertain terms categorically states on it’s Severe
weather Plan Questionnaire for Crewed vessels “Wind coverage will not be afforded to
vessels located south of Morehead City NC between 30 June and 1 November unless
an acceptable Severe Weather Plan is completed and Approved by a *** Private client
Group Yacht Underwriter”.
The questions can be as detailed as “how many lines are going to be used,” which
direction is the slip facing” and of course a wonderful catch 22 “ do you have
alternative plans if your primary plan becomes unlikely?”
In short, if you are to have a reasonable chance of collecting from your insurance
company, they expect a reasonable effort to protect the vessel and real efforts to
mitigate loss or damage, now more than ever before.
Understanding that yacht crew may have shore side responsibilities, house car etc.
they cannot just tie the vessel to the dock and run, after all the vessel that they are
being paid to care for is their job and may have funded those shore side assets in the
first place! Therefore that word again PLAN.
The components of that plan far exceed how many lines are in inventory. Is the
vessel kept topped off? (If there is, a Severe WX warning fueling might not be readily
available or waiting for it might affect your plans). A recheck of just what is the vessel’s
range at speed, if the plan is to get out of the way. What is your window, that is just
WHEN do you make the decision to run? Of course WHERE TO? If you are short of
crew, it might be a bit late to augment the crew compliment 2 days before a Hurricane
is forecast to strike (after all it is the middle of summer). Like shore side people, you
need stores to last a week. Someone needs to feed the crew and grocery stores are
notoriously busy at the last minute.
The devil is always in the details, if you are at a dock up a river or if you are going to a
dock up a river, what are the local regulations on Bridges? Most South Florida
communities have ordinances that affect opening hours and they have ordinances that
dictate how their bridges will operate during severe weather events. It may seem
overly cautious to depart a seemly safe slip or dock 3 days in advance of a warning or
watch however timing is indeed everything. Too late may preclude getting into that
hurricane hole you had in mind or being trapped behind a bridge in an unsafe location.
.
Broward County has a Flotilla Plan for the New River; you can review it at www.broward.
org/hurricane/hm-boats.htm
On the East Coast of Florida the perennial question is to go North or to go South, the
United States Navy in Norfolk VA usually takes the big ship option, they go to sea.
That may not be the best option for a 10-knot vessel however.
Good weather forecasting is imperative and taking those actions to keep your or your
clients vessel out of harms way in a timely manner is the responsibility of the Captain
and his crew Make a seaman like decision based on all available data and be
prepared to alter or modify that decision as events dictate.
Consultation with the owner to establish practical time parameters is an essential part
of any plan That when question needs to be addressed and agreement reached.
It could result in an expensive voyage to nowhere or prudent action could save the
vessel. However, running away from the storm just might be the best run the vessel
ever made. If nothing, else such a trip could provide an excellent opportunity to
exercise the vessel and do some real crew training.
A Plan is not a unilateral thing, the owner, and insurance carrier, crew; need to be on
the same page with the captain if it is to be workable (emergency funds for example,
relocation of the vessel’s vehicle, the crew working together to secure their personal
assets in adequate time to implement the vessel’s plan etc.)
The middle of the Season may not be the optimum time to develop a plan, reduce it to
writing, and organize the necessary supplies and assets. However, it is better NOW
than when storm damages are being negotiated with a claims adjuster or trying to get
into the yard behind a hundred other vessels.
The Author would like to Thank Mr. Frank Atlass of ATLASS insurance for his help and
direction particularly with Insurance companies questions regarding plans, as they all
are a bit different.
For more helpful yachting information click here:
Captain Jeffrey R Herbik
USCG 1600 ton ocean master (3000 ton itc) British MCA cec.
Contract yacht delivery & special projects
Fort Lauderdale, Florida 33316
Phone/Fax: 954-801-2662
e-mail: yachts Deliveries
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