US Coastal Navigation Rules

[Oleksandr63]

Hi all. I would like to ask for advice, maybe there are people here who have the experience I need.
I am not a US citizen (my citizenship is Ukraine). I am now buying a sailing yacht in the USA, which is located in Baltimore. Once the deal is completed, the yacht will be deregistered from the United States. In the future I am going to obtain European registration (Poland). But this is a long process. Only pre-registration is available quickly.

Having bought a yacht, I want to immediately go south along the east coast of the USA to Florida (before winter sets in in Baltimore). I think this journey will take me at least a month. After that I plan to go to the Bahamas.
Here are my questions:
1. Can I move along the US coast for a long time with only a purchase/sale agreement?
2. Is it possible to move along the US coast with temporary Polish registration?
3. When I wait for full registration under the Polish flag, will I then be able to continue my journey along the US coast (after all, then it will already be a foreign yacht)?
4. What other legal difficulties may arise when implementing my idea?

Best regards, Oleksandr.

[psk125]

The sales agreement does not serve as a registration.You should ask the Coast Guard if the Polish pre-registration is sufficient. If Polish registration takes a long time you may want to register the boat in Maryland (since it is in Maryland anyway) and then proceed south. If you have a foreign-registered (Polish) boat, the US Coast Guard will want you to have a cruising permit which I believe requires you to contact them at each port of call you make. This can become annoying. You, as a Ukrainian, will also need the appropriate visa for the trip.

[GordMay]

“Pleasure Boats - Requirements for entering the United States”
➥ https://help.cbp.gov/s/article/Artic...language=en_US

For questions or inquiries, please contact the USCG National Vessel Movement Center [NVMC] 24/7 line at: 1-800-708-9823
or
1-304-264-2502.
For questions/inquiries, send an email to: sans@nvmc.uscg.gov

NVMC Website ➥ https://www.nvmc.uscg.gov/(S(j5zcait...)/default.aspx

[Sailor Sailor]

Title to a watercraft in the U.S. is evidenced by either a state certificate of title or U.S.C.G. registration. A contract of sale does not evidence title, merely an agreement to sell and purchase. Title may transfer by a Bill of Sale or by endorsement of a certificate of title or transfer of a U.S.C.G. registration. The Bill of Sale can be used to register title to the boat. A state will likely collect a sales tax based on the value of the vessel or the sales price at the time of the sale.

The various states of the U.S. may have different boating laws and operator regulations. Virginia, for instance, requires an operator pass a safe boating course for operation of any sailboat or powerboat with an engine greater than 25 h.p. Many states recognize reciprocity, so compliance in one state is acceptable to another. Each coastal state claims a territorial sea for a distance out into the ocean. For instance, Virginia claims 3 nautical miles (one league) seaward from the mean low water mark.

The least expensive way to take the safe boating course is to join BoatUS for $25. You can take the course online and receive a certificate. The course includes a section on the navigation rules. The course is approved by the National Association of Safe Boating Law Administrators (NASBLA) and recognized by the U.S. Coast Guard. You should probably take the Maryland course.

The U.S. Coast Guard, part of the Department of Homeland Security during peacetime, has jurisdiction over recreational boating, commercial vessels and navigation, and shipping within U.S. waters. By virtue of the doctrine of federal preemption and the supremacy clause, federal law controls over state law in those areas where Congress has enacted legislation, and where federal departments or agencies have been given authority to publish federal regulations pursuant to those laws. The U.S.C.G. has the right to stop and board your vessel without probable cause. The U.S.C.G. requires recreational boaters to have certain safety equipment on board, including personal flotation devices, flares, a horn, and other devices.

The U.S. Environmental Protection Agency (EPA) has jurisdiction over the environment and water quality in the U.S. A boater who spills petroleum into the water may be required to pay for remediation and expensive fines. Most boat insurance policies insure against this liability.

Freedom of navigation is recognized in the U.S. Some municipalities have enacted laws or rules limiting anchoring to ensure that the boaters are actually “navigating”, and not just permanent livaboards staying in a place. Florida is known for having such laws or rules.

[Kettlewell]

You can't get USCG documentation unless you are a US citizen, but you can register the boat in a state. To do that you will need an address in that state, and probably the title to the boat or else have the previous owner's USCG document signed over to you. As others have noted, that will usually mean paying a sales tax on the boat. A few states have no sales tax, like Rhode Island, but they do have an annual registration fee. Most states allow you some period of time before you have to register, like 30-90 days, depending on the state. Each state has different rules and regulations on boat registration. I know that many people use the grace period to move their boat back to their home state without having any formal registration. I believe in some states having the bill of sale and proof that you have applied for registration will satisfy the authorities. First, I would ask an experienced yacht broker in Maryland about what the rules are and what others have done. Second, I have to note that it is very rare to be stopped by any authority just to check your papers, but Florida is the worst state for that. I have been randomly stopped in Florida several times just because some law enforcement person was bored or needed to meet some quota.

[Jammer]

Originally Posted by Oleksandr63

1. Can I move along the US coast for a long time with only a purchase/sale agreement?

Not lawfully.

2. Is it possible to move along the US coast with temporary Polish registration?

Yes. Any state will recognize your (valid) Polish registration for up to 90 consecutive days in that state. Some will recognize it for a longer period, possibly indefinitely.


You may need a cruising permit from U.S. Customs, and may have an obligation to report your arrival and departure from each port. Ordinarily cruising permits can only be obtained when entering the USA, so your situation is unusual.

When I wait for full registration under the Polish flag, will I then be able to continue my journey along the US coast (after all, then it will already be a foreign yacht)?

You'll still need a cruising permit (maybe), and will still be subject to the 90 consecutive day limit in any one state.

4. What other legal difficulties may arise when implementing my idea?

Technically you need an boat operator's permit as mentioned upthread, at least in some states, depending on your age. If you have a VHF or HF radio aboard you technically need a radio station license and radio operator license. Since you do not qualify for licensure in the USA you would have to obtain those from Poland or Ukraine, or perhaps some other country.

[Oleksandr63]

Originally Posted by Jammer

Not lawfully.

Thanks for the warning!

Originally Posted by Jammer

Yes. Any state will recognize your (valid) Polish registration for up to 90 consecutive days in that state. Some will recognize it for a longer period, possibly indefinitely.

Oh great! This is very good information!

Originally Posted by Jammer

Technically you need an boat operator's permit as mentioned upthread, at least in some states, depending on your age.

I am 60 years old. I have a Ukrainian national boat operator's permit. It's enough?

Originally Posted by Jammer

If you have a VHF or HF radio aboard you technically need a radio station license and radio operator license. Since you do not qualify for licensure in the USA you would have to obtain those from Poland or Ukraine, or perhaps some other country.

I have a radio operator license obtained in Ukraine. The yacht has a VHF radio and an AIS transceiver. But I don’t have a license for this radio station; I can get it in Ukraine only after the yacht sails to the shores of Ukraine. Can I get such a license in the USA if I register my yacht in Maryland?

[Sailor Sailor]

I agree with Jammer. As soon as you take title, it becomes a foreign vessel. It appears that you will need a cruising permit by completing Form 1300 with CBP or registering electronically on the CBP website. You will also have to display a decal. Here is a good information page:

https://help.cbp.gov/s/article/Artic...ited%20States.

[Jammer]

Originally Posted by Oleksandr63

I am 60 years old. I have a Ukrainian national boat operator's permit. It's enough?

The de jure situation is complex and varies from state to state. Each state has its own operator licensing laws and regulations, and they differ as to whether and for how long they recognize out of state permits, whether and at what age people are "grandfathered" in (generally, people over the age of 18 or so at the time the law or regulation was enacted in that particular state), and indeed whether a license is required at all. It is difficult to find accurate details even with careful research, because in some states the requirements are in statute (laws) and in others they are in administrative regulations. There are various summaries available but I have not found them to be accurate.

The de facto situation is that it is unlikely that you'll encounter anyone who cares.

As one example, my home state does not require adults to obtain operator licenses, and this is unlikely to change. Therefore I do not have such a license and have no intention of ever obtaining one, even though I do cruise in other states at times.

I have a radio operator license obtained in Ukraine. The yacht has a VHF radio and an AIS transceiver. But I don’t have a license for this radio station; I can get it in Ukraine only after the yacht sails to the shores of Ukraine. Can I get such a license in the USA if I register my yacht in Maryland?

Probably. See https://www.fcc.gov/wireless/support...e/fcc-form-605

[Kettlewell]

As soon as you take title, it becomes a foreign vessel. It appears that you will need a cruising permit by completing Form 1300 with CBP or registering electronically on the CBP website.

I don't believe this is the case if you purchase the boat within the USA and state register the boat. Tons of Canadians and others keep boats in the USA that are state registered. Sometimes I think half the boats on Lake Champlain registered in NY or VT are owned by Canadians.

[Oleksandr63]

[QUOTE=Jammer;3832720]The de jure situation is complex and varies from state to state. Each state has its own operator licensing laws and regulations, and they differ as to whether and for how long they recognize out of state permits...[QUOTE]

Thanks for the help. The last few days I've been doing nothing but trying to understand US laws regarding coastal navigation. I realized that it is very difficult to understand all the legal issues. Therefore, I came to the conclusion that it would be right for me to consider buying a yacht only in Florida. Buy and immediately go to the Bahamas. Or give up the idea of buying a yacht in the USA . I’m very sorry that this is so, because there are many good yachts in the north. But I don’t want to end up breaking the law.
Thanks again to everyone who helped me understand this complex issue.

[skipperpete]

Learn the navigation basics first, particularly the things that can really spoil your day ....like the buoyage system, much of the world uses IALA A but north and South America uses IALA B (Korea, Japan and Philippines are also IALA B).

[flightlead404]

Originally Posted by Jammer

You may need a cruising permit from U.S. Customs, and may have an obligation to report your arrival and departure from each port.

Some clarification of this point may be in order. What does "port" mean in this context? Port of Entry? Harbor with an official harbor master? Any anchorage?

Ex. I have stopped overnight in Hilton Head Shelter Cove marina, behind St. Catherines Island, up the Fredericka River, in the marshes between Fernandina and St. Auggies, St. Auggies Municipal Marina and several more places, most of which are just unofficial anchorages.

What does a reportable "port" consist of for example when anchoring for a night at R48 on the Halifax river?

[Kettlewell]

I realized that it is very difficult to understand all the legal issues. Therefore, I came to the conclusion that it would be right for me to consider buying a yacht only in Florida. Buy and immediately go to the Bahamas. Or give up the idea of buying a yacht in the USA . I’m very sorry that this is so, because there are many good yachts in the north. But I don’t want to end up breaking the law.

It might be worth contacting someone like this located in Maryland, if that is where you are purchasing the boat. I'm sure there are similar firms in Florida. Also, yacht brokers handle sales to foreign nationals all the time, and should be able to give advice. https://baylawllc.com/

[Oleksandr63]

Originally Posted by flightlead404

Some clarification of this point may be in order. What does "port" mean in this context? Port of Entry? Harbor with an official harbor master? Any anchorage?
Ex. I have stopped overnight in Hilton Head Shelter Cove marina, behind St. Catherines Island, up the Fredericka River, in the marshes between Fernandina and St. Auggies, St. Auggies Municipal Marina and several more places, most of which are just unofficial anchorages.
What does a reportable "port" consist of for example when anchoring for a night at R48 on the Halifax river?

Yes, this is the most incomprehensible question. Especially when we talk about anchorages