This conundrum has come up in aviation as well. The cases there have
been very simple and the same principle will probably be applied to
boat border crossings.

The FAA says, "Put safety first or we take your license."

Customs says, "Put customs clearance first or we fine you $5000."

Two different agencies, two different agendas, two different penalty
structures. The great thing about this being a free country is that
we get to choose which horn to get gored by.

The nice thing about the USCG being the gatekeepers is that they have
an institutional bias towards safety first. Once customs gets
involved, or perhaps someone in the USCG that came up post 911, you'll
probably get screwed whatever you do.

Custom's attitude will be, "What, you didn't listen to the weather
report and assure yourself that you could complete the trip to the
port of entry? That's what the $5000 fine is for, to make you more
careful."

--

Roger Long