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fishing canada...think again

traveling man
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traveling man

traveling man

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Roy Andersen has been fishing the waters of the St. Lawrence River in the Thousand Island region for his entire life.

The 22-year-old from Baldwinsville spends his summers in Thousand Island Park and gets out on the water every chance he can get. And there’s one particular spot in the Gananoque Narrows where Andersen knows he can catch pike and perch.

“It’s my favorite spot in the entire world and now I can’t fish it,’’ Andersen said Saturday.

Andersen’s favorite fishing hole is in Canadian waters. Until recently that wasn’t a problem.

But on May 30 when Andersen and a friend were fishing in the Gananoque Narrows, two Canadian Border Services agents boarded Andersen’s boat and seized it. The agents told Andersen that he had not reported to a Canadian port of entry upon entering Canadian waters.

“They told us we were in violation of the law,’’ Andersen said, “and if we didn’t pay the $1,000 fine, they’d take the boat.’’

Andersen and his fishing partner both had Canadian fishing licenses. The boat was outfitted with flotation devices and safety flares. But none of that mattered to the Border Services agents.

“It was crazy,’’ Andersen said. “I’ve fished there my entire life. I fish there every day in the summer-time. My dad’s fished there since he was little and never had a problem.

“They told me you can’t even take a boat ride in Canada without checking in, which is news to me.’’

The law the two agents said Andersen had broken can be found in Section 11, Subsection 1 of the Canadian Customs Act, which reads in part:

“… every person arriving in Canada shall, except in such circumstances and subject to such conditions as may be prescribed, enter Canada only at a customs office designated for that purpose that is open for business and without delay present himself or herself to an officer and answer truthfully any questions asked by the officer …’’

However, the law has rarely if ever been applied to boaters fishing in the Thousand Island region.

“This is something new to me,’’ David McCrea, a charter captains who works out of Henderson and frequents takes clients into Canadian waters. “They’re saying no entry to Canadian waters for any water craft. That would mean sailboats, kayaks, canoes. It’s never been that way.’’

Louise Rochon, an official with the Canadian Border Services Agency, said the agents were justified in their actions.

“It’s our position that they were doing what they’re supposed to be doing,’’ Rochon said. “They don’t normally fine people, but it is a requirement to report to Canadian customs under the Customs Act. All private boaters have to report.’’

Both Andersen and McCrea said reporting to a Canadian port or marina isn’t feasible. McCrea said it would take up too much time and use up too much gas for charter captains to make a profit.

“No one can afford to run to the point of entry because it’s just too far,’’ Andersen said.

Sean Magers, a spokesperson for Rep. William Owens, D-Plattsburgh, said an exception in the Customs Act makes fishermen exempt from the statute.

Magers pointed to an exception that reads: “(Subsections 1 and 3) do not apply to any person who enters Canadian waters, including the inland waters, or the airspace over Canada while proceeding directly from one place outside Canada to another place outside Canada …’’

“Congressman Owens has already reached out to the Canadian Embassy on the matter,’’ Magers said in an email. “Our interpretation of the Canadian statute is that fishermen are exempt.’’

Andersen said he briefly considered letting the CBSA agents take his boat; a 23-foot Starcraft built in 1988. But he was also told that if he didn’t pay the $1,000 fine, he and his friend would be put in handcuffs and forced to lie down on their stomachs as his boat was towed to a Canadian port. He could also face a fine of up to $25,000.

After calling his father, Andersen paid the $1,000 fine with a credit card.

Andersen said he planned to appeal the fine, “but I’m still out my thousand dollars.’’

Meanwhile, word of the Canadian agents’ seizure of Andersen’s boat and the subsequent $1,000 fine has made the rounds at marinas on the United States’ side of the St. Lawrence.

“No one wants to go into Canada now,’’ Andersen said. “I know a lot of my friends like to go over to fish in Canada and they won’t dare take their boat over there now.’’

Tim Bromund

Tim Bromund

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AFAIK, None of that is true unless you make landfall. Just crossing the border on the water does not require reporting in from either country.

Tim

rockandtroll

rockandtroll

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We were told what Tim said when we fish US waters from the Canadian side. Only have to check in if you land. Hope that's right. Customs did tell us we needed some kind of sticker for the boat though.

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Landshark

Landshark

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ok folks there is a lot going on with this. Ive been in Contact with the Canadian Border Patrol and I will be updating. The problem is the laws were written for people crossing and touching land. Not crossing without touching land and returning to the USA

carpedium

carpedium

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I was detained in newfoundland for 6 hours by canadian customs. Threatened fines, cuffs, etc. I was there legally!

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Time Out

Time Out

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That border is a joke. People run all over up there. Just sit at the west or east end of Wellesly Island. Does anybody really think all those people heading north and south check in. How about all the boats going in and out of Lake of the Isle. Doubt it. The govt's are getting desperate for cash, so they are going to steal it where they can.

TOP SECRET

TOP SECRET

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This incideht will set a precedant.. Lets just hope it sets it in the right direction.

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Fishtails

Fishtails

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Yikes....that really sux. Like Jeff said, a lot of people run to Wellsely Island state park and you have to cross into canadian water to get there unless you go the loooooong way down the American straits and up through eel bay. Lord, I've done that run 50 times and we would fish Canadian waters all the time....never thought twice cause I would have a CA. lic.

That's just not right, I feel for the guy. Hope this gets ironed out.

ray koziatek

ray koziatek

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next years wilson invite might have a diff outcome as to fishin areas.....good news is 1000's of fishermen wont need to spend tens of thousands buying canadian lic....

Whats that old saying "Step over a dollar to pick up a nickle"

But hey me justa plummer!

PS. next years WHI give the mounties a phone call and elimanate 1/2 the field.. :lol::lol:

Squid

Squid

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For the doubters, this is real and was in the Syracuse Post Standard this past Sunday. Whether this gets ironed out for this individual who would want to risk having to go through this? Imagine if he didn't have a credit card to make the payment. It sounds like extortion to me. Give me $1,000 or will take your boat and arrest you.

Tim Bromund

Tim Bromund

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For the doubters, this is real and was in the Syracuse Post Standard this past Sunday. Whether this gets ironed out for this individual who would want to risk having to go through this? Imagine if he didn't have a credit card to make the payment. It sounds like extortion to me. Give me $1,000 or will take your boat and arrest you.

I don't doubt it happened, I just believe the Canadian Border dudes were incorrect in their enforcement of the regulation.

Tim

woody 184

woody 184

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Just another Canadian Horror Story.. My Cousin and his buddy were snowmobiling in Quebec 15 years ago.. They went into a Bar for a couple hours and came out and there snowmobiles were GONE!!!.. They called the Po Po and they said you can fill out a report but the Sleds are already at the Chop Shop, and you won't see them sleds anymore. My Cousin told the Cops if you know that bust them people at the Chop Shop and the Cop told him Go back to the USA and DON'T COMEBACK to Canada and you won't have a problem with your sleds getting stolen....... With friends like that who needs enemies.... Allies right ????????

Self Censored

Self Censored

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This incident is crazy -- almost makes you want to run the short distance back to US waters, call US border control and let the 2 agencies sort it out. How many 70 hp Johnsons do I need on my 16 footer to out run the border patrol with 1200 HP?

NitroMusky

NitroMusky

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This has implications beyond the Larry as well. Being a very wide river, there is plenty of water on the American side to be able to stay well clear of the 'grey zone'.

But what about the niagara? Not nearly as wide and the West branch is nearly all Canadian waters. Since there are no 'welcome to Canada' signs in the water it's very easy for someone to slip into Canadian waters unknowingly...or for the canadian authorities to 'mistakenly' accuse someone of being over the border ( if navigation on the US side there is even possible?). Pretty much makes the houses on the west branch on grand island a great view of essentially unusable water. Leave the boat on the trailer and take up dock fishing...bye bye property values there if this holds!

Cuts a lot of lake Erie from Buffalo out of the equation, as well as similar scenarios across the great lakes

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