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Author Topic: need help or advice regarding us border patrol  (Read 3603 times)

lineBroke

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need help or advice regarding us border patrol
« on: October 16, 2007, 03:58:18 PM »

Hi all,

Just wondering if any body out there ever had an issue with the US border customs down in the Twanssen / Point Roberts area. My buddy and I were fishing on our 14' aluminum boat and we'd cross the canadian/ us border without knowing and now are being charged (to the tune of $5000 ) for fishing in the us water and was wondering what or if there's any action we could take to try and reduce the fine and deal with the situation. Any input would greatly appreciated.

Thanks
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clarki

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Re: need help or advice regarding us border patrol
« Reply #1 on: October 16, 2007, 04:32:07 PM »

My advice...while members of this forum are my go to for a fishing related issue, I would excercise extreme caution in accepting advice as it pertains to legal issues, particularly when it involves international law. 

May want to consider consulting legal counsel.

Good luck. Expensive mistake!

I have a buddy who was a commercial troller and was trolling in Juan de Fuca. At one point he double checked his Loran and realized, to his horror, that he was fishing in US waters. I don't think he ever pulled his gear in so fast!   
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allwaysfishin

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Re: need help or advice regarding us border patrol
« Reply #2 on: October 16, 2007, 08:20:35 PM »

my advice..... LAWYER UP
this happened to my dad's friend years ago..... never did get his boat back.
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Jamison Jay

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Re: need help or advice regarding us border patrol
« Reply #3 on: October 16, 2007, 09:01:15 PM »

Get some legal council, make sure they have dealings with this type of matter. I did once get asked to come to shore while sailing around that area, they were much nicer to me mind you :-\
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lineBroke

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Re: need help or advice regarding us border patrol
« Reply #4 on: October 16, 2007, 09:36:25 PM »

thanks for the input so far guys....anyway, to be more specific .... here's what we were fine for:
 
' vessel was located in US water and has failed to report your arrival ', so basically it looks like we were fined for not calling in to US customs. According the their GPS, we were about half a mile over doing bottom fishing. Boat and all fishing equipments were not confiscated.

We're trying to appeal the fine to get them to lower it to what's reasonable (?) and if not , we'll probably seek advice of counsel. But having been fined in the US side, lawyer in canada cannot handle the case so we have to seek one in the US.
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marmot

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Re: need help or advice regarding us border patrol
« Reply #5 on: October 17, 2007, 07:39:48 AM »

$5000 may quickly be surpassed by legal fees if you actually have a lawyer handle the case....something to think about.  It's one thing to "seek advice" from counsel, another to retain counsel for the purposes of acting on your behalf.  Good luck with it and hope your fine gets drastically lowered.  Did you catch anything besides the fine?
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Sandhead

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Re: need help or advice regarding us border patrol
« Reply #6 on: October 17, 2007, 03:51:40 PM »

Should have tried to out run them, rum running bootlegger style
 ;D
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Ain't no HO like a COHO

Sam Salmon

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Re: need help or advice regarding us border patrol
« Reply #7 on: October 17, 2007, 06:02:56 PM »

Should have tried to out run them, rum running bootlegger style ;D

Ever seen a .50 calibre machine gun in action?
US Homeland Security isn't shy about stopping someone they think is breaking the law by crossing their border unlawfully.
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allwaysfishin

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Re: need help or advice regarding us border patrol
« Reply #8 on: October 17, 2007, 06:28:33 PM »

it's okay... they only use .30 mm machine guns now Sam  ;D.... mind you they cycle faster..... have to rename the boat to swiss cheese hehehehe  ;D

good luck with this man, keep us posted
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Fish Assassin

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Re: need help or advice regarding us border patrol
« Reply #9 on: October 17, 2007, 07:09:44 PM »

$5000 may quickly be surpassed by legal fees if you actually have a lawyer handle the case....something to think about.  It's one thing to "seek advice" from counsel, another to retain counsel for the purposes of acting on your behalf. 

I agree. May be less painful in the long run if you just pay the fine.
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salmon river

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Re: need help or advice regarding us border patrol
« Reply #10 on: October 17, 2007, 08:35:11 PM »

Can they still collect the fine if you never go to the US again?
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lineBroke

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Re: need help or advice regarding us border patrol
« Reply #11 on: October 17, 2007, 09:26:45 PM »

starting the appeal process right now and waiting for them to get back. Hope the fine will be more reasonable, still can't believe $5000 for not notifying your entrance to US water when you don't even know it.
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Fish Assassin

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Re: need help or advice regarding us border patrol
« Reply #12 on: October 17, 2007, 09:48:28 PM »

Can they still collect the fine if you never go to the US again?

With Homeland Security being as paranoid as they are, they're liable to put you on the No Fly list.
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allwaysfishin

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Re: need help or advice regarding us border patrol
« Reply #13 on: October 17, 2007, 10:48:49 PM »

if you don't pay the fine... or if you simply try and ignore this.... you can never go to the states again. unless you want to become familiar with the inside of a U.S. jail.
While a completely different scenario, I bought something several years ago, in the U.S.. I shipped it home to myself at the start of my vacation, only to have it siezed by U.S. customs before i had returned to Canada. When I got to the border.... before i even got in the canadian customs line up.... 3 state trooper cars and a ATF vehicle were waiting for me..... for a 50.00 item that I had no idea was not allowed to be exported from the U.S. without appropriate paperwork. I spent 2 days in a U.S. holding cell before my legal representative was even able to contact me. In the end, I got a stern warning, a 500.00 fine and was released to the canadian authorities.... without charges i might add. I can freely travel to the U.S.

 My advice.... don't dick around, don't look for answers here, find counsel on this situation and tread carefully..... unless you want a permanent ban on travelling to or flying over the U.S.
In these days of U.S. paranoia.... anything could happen at this point, Hopefully you get a good judge at the hearing and one who doesn't see you as a potential Osama binfisherman ;D
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