December 1, 2004
Recreational vessels less than 300 gross tons coming into South Florida do not need to file an advanced notice of arrival (ANOA) with the captain of the port, according to U.S. Coast Guard Lt. Cmdr. George Zeitler.
Zeitler is chief of inspections for the U.S. Coast Guard’s Sector Miami, which stretches from the southern border of Miami-Dade County north to Malabar (just south of Melbourne). He was the featured speaker at The Triton’s November Connection.
More than 80 captains and other yachting professionals attended to hear Zeitler describe Sector Miami’s enforcement of the 96-hour ANOA and other federal regulations.
"There’s been a lot of confusion over this issue," Zeitler said of the ANOA as it applies to megayachts. "Is 96 hours reasonable in South Florida? Not really."
The regulation offers an out, Zeitler said: If the voyage is less than 96 hours, submit an ANOA prior to departure, but at least 24 hours before arrival.
The source for much of the confusion on behalf of megayachts is when they qualify as commercial or recreational vessels. All vessels – foreign and domestic – over 300 gross tons must file an ANOA with the National Vessel Movement Center in West Virginia.
Under the ANOA rule (33 CFR 160, subpart C), foreign-flagged vessels 300 tons or less coming into District 7 – which covers all of Florida, Georgia and South Carolina as well as the U.S. Virgin Islands and Puerto Rico – must file an ANOA with the captain of the port.
But Zeitler said that Sector Miami is not enforcing that rule for recreational vessels not engaged in trade.
"Technically, if you pull the lawyers aside, yes" the rule applies to recreational vessels, he said. "Realistically, do we have the resources? No.
"We process arrivals for 50 commercial vessels a day," he said. "It takes two people 4 1/2 hours to do that. We realize what the law says and what the regulation requires. We just can’t do it."
The trick is determining which vessels are recreational and which are commercial. Often, the Coast Guard has relied on a vessel’s certificates to determine its commercial status. Megayachts that voluntarily comply with SOLAS requirements were automatically classified as commercial, even if they were not engaged in trade while in U.S. waters.
As a commercial vessel, they would be required to file the ANOA.
But Zeitler said the Coast Guard will accept a new certificate of registry from the flag administration saying this is a pleasure yacht not engaged in trade and exempt from SOLAS.
The Coast Guard will also accept a letter from the flag administration saying that for a specific, noted time, the yacht is not engaged in trade so the SOLAS certificates don’t apply.
These flag administration declarations would also impact vessels that might be subject to the International Ship and Port Facility Security Code (ISPS), Zeitler said. ISPS requires foreign-flagged vessels over 500 tons that are engaged in trade to meet a litany of security requirements before sailing or docking in U.S. waters. ISPS also impacts vessels less than 500 tons if they carry more than 12 passengers for hire.
"As long as the flag administration acknowledges that the vessel is operating outside their certificates, do we really need to say ‘no, you’ve got to mail your certificates back’?" Zeitler said. "Is that really benefiting anybody just to meet the letter of the law? Not really. We’re trying to be reasonable."
On Oct. 26, the Coast Guard issued a policy letter that answers the question "What does the term ‘subject to SOLAS’ mean?" Letter 44-04 answers that question with 10 examples of yachts of various tonnages carrying various complements of SOLAS certificates. To read the letter, visit www.uscg.mil/hq/g-m/mp/policy.html, and scroll down toward the bottom to letter 44-04 "Determining Which Yachts are Subject to SOLAS."
"Under the intent of the law, yachts don’t fit nicely into any box," Zeitler said. "You fit in your own box. Technically, I have to apply this to yachts, but how?"
Until that question gets sorted out through the higher levels of the Coast Guard, Zeitler said Sector Miami will be honoring flag administration letters and registry certificates to determine recreational or commercial status.
"One thing we preach is that this is not to place a burden on the industry," Zeitler said as the audience chuckled. "The purpose is to increase our awareness of vessel movement. We’re trying to be a kinder, gentler Coast Guard."
Contact Editor Lucy Chabot Reed at lucy@the-triton.com. For more on the ANOA, visit www.nvmc.uscg.gov/download.html. For the updated CFR rule on the ANOA, visit www.the-triton.com/anoa. For questions about the ISPS, visit www.uscg.mil/hq/g-m/mp/policy.html or call 1-877-MTSA-AID.
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