I needed to figure out away to explain without being a gray area that sounds like a majic bullet to skirt the laws with immigration, federal, state, customs
A Canadian who has a boat can keep that boat in WA. If that person is a BC resident. They can document with WA as a foreigner. This allows that vessel to remain in state waters duration of status. Even if that vessel leaves and comes back to WA waters. The vessel does not need to renew their document. As long as the owner doesn't become a full time resident of WA, the permit document is valid. A federal Customs
agent can permit that boat to enter WA waters anytime from the United States, its not a foreign vessel in WA waters and they are not obligated to protect the state from foreign vessel invasion.
A Canadian who is resident in the province of British Columbia
, always maintains resident status as long as they pay property tax. Even if you have no property but became a BC resident. As long as you have intent to remain a BC resident. That person has 10 years to move back. Even after that period the burden of proof would be on the government
to prove I left the province for 10 years. Impossible to prove intent Un less the person admitted it. Right to remain silent. BC charges premiums for health insurance
if your above a certain income
level. So someone from BC can always be a resident. Even though the BC residents boat resides in WA, you can insure it with the Insurance
Corporation Of British Columbia
(ICBC)even third parties need to be underwritten by ICBC to sell insurance
within the province.
The only way for American ships pleasure/commercial ie those Deadliest Catch fisherman that are based in Seattle
up into Alaska
is by entering and exiting Canadian waters. Or they could stay in international waters. So under some long and probably forgotten agreement. They have some waiver. The American Navy
can also transit Canadian waters freely to get back into port. BC Ferries has a Jones Act waiver for some ports in both Alaska
State. Transport Canada, all Canadian boats are registered by transport Canada. Even if provinces offered provincial insurance--the Head
of provincial government
is the Sovereign. So provincial registration is the same as being registered by Canada.
Transport Canada has agreed to basically give up ownership
info and even seize ships if requested by the U.S Coast Guard. Short example ie if someone in Ontario
gets a speeding ticket in NY. The province will treat that as if it occured in Ontario
. Suspend drivers licenses until fines are paid in NY or asses driver's license points, etcetera. Canadian registered ships are the same set up except between Canada and the United States. Since British Columbia
also has government underwritten insurance. A pleasure boat cannot only be held liable for damaging US waters--BC insure may also pay out claims. BC courts have enforced insurance claims brought by the United States, Washington State and individual American citizens. The jurisdiction to enforce all claims exists basically. Technically the same as being US Coast Guard documented.
Hence why the United States has the I 68 boater program--prevents state fisheries or federal agents from chasing Indians, all Canadians, from American waters under United States jurisdiction. Hence you must remain 25 miles outside of state waters until you officially seek immigration into the United States. Those boaters with WA documented permits are welcome in state waters, so not a foreign vessel in that state. The feds have no obligation to protect the state from a foreign invader. The vessel has an official duration of stay in Washington.
Amendment 29 (1954) -- Art. 2 Section 33 ALIEN OWNERSHIP --The ownership of lands by aliens, other than those who in good faith have declared their intention to become citizens of the United States, is prohibited in this state, except where acquired by inheritance, under mortgage or in good faith in the ordinary course of justice in the collection of debts; and all conveyances of lands hereafter made to any alien directly, or in trust for such alien, shall be void: Provided, That the provisions of this section shall not apply to lands containing valuable deposits of minerals, metals, iron, coal, or fire clay, and the necessary land for mills and machinery to be used in the development thereof and the manufacture of the products therefrom: And provided further, That the provisions of this section shall not apply to the citizens of such of the Provinces of the Dominion of Canada as do not expressly or by implication prohibit ownership of provincial lands by citizens of this state. [AMENDMENT 29, 1953 House Joint Resolution No. 16, p 853. Approved November 2, 1954.]
does not expressly or by implication prohibit WA residents from residing or even being in the province. In fact the municiple government of Delta
even provides Point Roberts, WA municipal utilities, water, power, phone
and cable TV. The province and state are on friendly terms, both resident and governments. As a property owner or not a BC resident has lawful presence in the state for duration of staus. As long as a BC person wants even as a state resident freely. The only stumbling block is US immigration---most times Canadians are admitted non immigration duration of status. ie students admitted into WA if given an I-94 are admitted for D/S. No state schools need proof of a student visa to offer education to Canadian Citizens.
US Customs agents being state residents and citizen have no obligation to chase out state foreign invaders from BC. We are welcomed by state and federal governments when legally entering.
Ontario cancels provincial residence services after 7 months absence. No insurance, health
, auto, etcetera. Florida
only allows drivers license to Canadian's on non immigrant status for 6 months. Therefore foreign vessels and non residents of Florida
, local knowledge, dictates visitors are only welcome for 6 months. Hence why Canadians can have problems even with florida state registration. If they are on non immigration status.
Indian fishermen maybe welcome in the US. But local knowledge says that the state and local resident Indian tribes are NOT!!!