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First recorded activity by BoatBanter: Jul 2006
Posts: 3,698
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ASA question #342 (part 1)
Capt. JG wrote:
I'm not sure how this would apply for leaving and returning to the same US
port, especially since this is local charter.
Well in the many yrs I ran crewboats carrying up to 85 passangers we
never carried a passanger manifest. Never. We knew the number of
passangers but that was about as detailed as we ever got.
Cargo manifest yes, anytime we carried cargo and quite detailed.
Joe
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"j" ganz @@
www.sailnow.com
"Joe" wrote in message
oups.com...
Capt. JG wrote:
No, but I do have a question... can the manfest be a log entry or does it
have to be a different document?
Passenger and crew arrival manifests must include the following
information, where applicable: (1) full name; (2) date of birth; (3)
gender; (4) citizenship; (5) country of residence; (6) status onboard
the vessel; (7) travel document type; (8) passport number; (9) passport
country of issuance; (10) passport expiration date; (11) alien
registration number; (12) address in the United States; (13) passenger
name record locator; (14) foreign port or place where trip began; (15)
port or place of first arrival; (16) final foreign port or place of
destination; (17) vessel name; (18) vessel registry; (19) vessel IMO or
other official number; (20) voyage number; and (21) date of vessel
arrival.
Passenger and crew departure manifest requirements are largely the
same, but omit (1) country of residence; (2) address in the United
States; and (3) port or place of first arrival. Additionally, the
departure manifests must include the date of vessel departure versus
the date of vessel arrival, as listed in requirement (21) of the
previous paragraph.
"Verification" Requirement
For both vessel arrival and departure manifests, operators have an
obligation to compare the travel document (e.g., passport) presented by
the passenger with the manifest information it intends to submit to the
CBP to ensure that the information is accurate. Although the extent of
an operator's legal obligation to cross-check this information is
unclear, the CBP has stated that it only expects operators to make a
"reasonable effort" to ensure accuracy. For example, operators
should ensure that the travel document appears to be valid for travel
to the United States and that the passenger or crew member presenting
the document is the person to whom it was issued.
Time Requirement for Transmission of Information
For arrivals into the United States, passenger and crew manifests are
due at least 96 hours before entering the first United States port or
destination for voyages of 96 hours or more. For voyages between 24 and
96 hours, the manifests are due prior to departure of the vessel. In
the case of voyages less than 24 hours, the manifests are due at least
24 hours before entering the first U.S. port or destination. In the
event of an emergency that forces a vessel to make a stop in a U.S.
port, the CBP expects manifest transmission before the vessel enters
the U.S. port, but it will take into consideration the circumstances of
the emergency and the carrier's ability to transmit the information.
For departures from the United States, manifests must be submitted no
later than 15 minutes before the vessel departs from the United States.
For both arrival and departures, amendments to manifests may be made in
case crew members board the vessel after original submission. For
arrival crew manifests, these amendments are due at least 12 to 24
hours prior to arrival, depending on the time remaining in the voyage.
For departure crew manifests, amendments must be submitted no later
than 12 hours after departure from the U.S.
Method of Submission
CBP has teamed with the Coast Guard to provide the industry with a
"one stop shop" through which manifests may be transmitted. The
Electronic Notice of Arrival / Departure ("eNOA/D") system is
available through the Coast Guard's National Vessel Movement Center Web
site at https://www.nvmc.uscg.gov/enoa/Logon.aspx. One benefit of this
system is that a successful transmission through eNOA/D fully complies
with both the Coast Guard and CBP regulations to submit manifests.
However, if passenger and crew manifest information is not sent through
the eNOA/D system, it must manually be submit to both the Coast Guard
and CBP separately.
In addition, CBP still requires operators to submit paper copies of
forms I-418 (Passenger List / Crew List) and I-94 (Arrival / Departure
Record), but they are considering eliminating this requirement some
time in the future. Crew manifests - both arrival and departure - must
still be submitted in paper form as required by 8 C.F.R. § 251.5.
Conclusions and Recommendations
Issuance of this rule affects commercial passenger and cargo vessels
because they will be required to submit electronic passenger and crew
manifests in advance of arrival and prior to departure from U.S. ports.
Entities must take the new requirements into account in order to avoid
possible criminal and civil penalties that may result from
non-compliance.
Joe
--
"j" ganz @@
www.sailnow.com
"John Cairns" wrote in message
t...
"Capt. JG" wrote in message
...
You've been randomly boarded by the Coast Guard. You are just outside
the
demarcation line.
You have a documented vessel under 12 meters and a 6-pak, near coastal
ticket. Upon a thorough
inspection by the CG, you're found to have all of the proper safety
equipment in place and it is up-to-date. In addition, you have the
documentation number posted, the documentation paperwork for the boat,
the proper charts, and a copy of the Navigation Rules. The boat is
properly marked on the hull, you have your original license, and have
not
exceeded the limits of your license in any way. The marpol sticker is
aboard. Since you usually sail on Inland waters, the head is disabled
from pumping over the side in the proper fashion.
In fact, one of the boarding party remarks that you have generally
exceeded the requirements. But, of course, they're not finished with
their inspection.
They interview your six passengers (you don't carry crew) and find
everything is in order. For example, you've briefed them on the use of
emergency equipment and shown them the location of fire-extinguishers
and
similar.
This particular boarding party is exceedingly thorough, and
unfortunately, they find that you're missing one item of paperwork.
You're cited for this.
Name this document.
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"j" ganz @@
www.sailnow.com
Passenger manifest? Know when the CG boarded us in the Keys last May,
they
asked for names/dob's before they actually boarded.
John Cairns
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