New Security Rules Confusing, Under Review

Fishing license? Check.

Rods, reels, tackle? Check.

Bait? Check.

Sunscreen? Check.

Fill the gas tank? Check.

Passport? Huh?

Soon, that's what a portion of an angler's checklist will look like if he or she plans to fish the border waters between the U.S. and Canada.

Among the new border-travel regulations made public in late March by the Dept. of Homeland Security (DHS) was a stipulation that as of June 1, 2009, land and sea travelers will be required to present a passport or another form of approved document indicating citizenship and identity to gain entry into the U.S.

And other new rules will have a direct impact on boaters and operators of charter fishing businesses, who may have to fax passenger lists to border officials before landing back in the U.S. after fishing Canadian waters, then clear customs via a video phone.

The regulations are part of the final rule for the land and sea portion of the Western Hemisphere Travel Initiative (WHTI), which was among the recommendations of the 9/11 Commission.

The rules, another anti-terrorism measure, apply to all bodies of water shared by the U.S. and Canada, but Lake Erie appears to be the fishery that will be most affected, since the early and mid-summer offers some of the best fishing in the world, and a lot of it's north of the border.

What isn't clear is what the final rule will require. That's because the DHS is reviewing which specific boating activities will require additional reporting. For example, would a few hours of fishing over the international line require a call-in for a solo bass or walleye angler? How about a tournament pro carrying a co-angler? What if a tournament anglers forgets his or her passport? And will charter captains have to fax passenger lists while on the water?

Until the review is completed, and official word comes down, anglers, guides and charter captains aren't quite sure what they'll need to do.

Captains Crunched

The latest set of requirements have clearly left some Lake Erie charter-boat captains confused, angry and genuinely worried about the future of their trade.

"I didn't want to jump to conclusions, but I did tell my wife maybe I need to start looking for a new occupation," said Terry Jones, a Buffalo, N.Y.-based captain and smallmouth guru who's operated 1st Class Bass Charters for the past 16 years.

Jones and dozens of other charter captains like him who operate in waters where the U.S.-Canada border comes into play are concerned the new rules will drive away clients who generally are looking for a worry-free day or weekend of fishing.

"It's going to be pretty big," he said. "I grew up as a kid in the city of Buffalo around gangs and that stuff. Then I finally hit the American dream of being able to fish on my own waters and make a living doing it. They're going to take that away. It'll make it extremely difficult."

While members of the charter-fishing community acknowledge the need for a more proactive approach to border protection, they say the government may be going a bit overboard.

"I think we all, through a common-sense approach, understand that we need to tighten the border, but we need to look at how we're doing it," said Rick Millette, who's operated Erie Quest Charters out of Columbus, Ohio for 24 years. "It's cumbersome and I think they're picking on the wrong people. There had to have been a more reasonable way to meet their requirement."

Millette frequently crossed the invisible U.S.-Canada border during trips on Lake Erie last year, including a few overnight stays on Ontario's Pelee Island. Following the overnight stay, he went through what he thought to be a thorough process in order to secure re-entry into the U.S. for himself and his clients.

Last year was the first he and his clients had to utilize an Outlying Area Reporting Station (OARS) to gain clearance by CBP officials. Upon arrival back on U.S. soil, he'd take his clients to find the nearest OARS – in his case, a 12-minute trip to Brand's Marina in Port Clinton – to submit themselves for inspection.

The OARS system consists of an AutoDial telephone, a video transceiver, a monitor, a facial camera and a document camera. The equipment allows the traveler and CBP agent to see each other while the inspection takes place and the process essentially acts as a face-to-face inspection.

Once at the OARS, Millette would identify himself and present his information. Then, the travelers stand in front of the camera, scan their identification form (driver's license, etc.) and wait for clearance. Millette said he's never had a passenger flagged by the CBP.

"I think that's reasonable – we're on a camera phone," he said.

But as noted, the new rules would seriously expand reporting and document requirements.

Faxing Seems Taxing

The changes to be put in place this year will require captains who've simply taken their vessel across the border to fax a list of names and identifying information of all passengers to the CBP at least 1 hour ahead of their arrival so officials can screen the names against terrorist watch lists.

This additional measure will force many boat captains to equip their vessels with fax machines and the necessary technology to transmit faxes while underway.

"Most charter-boat captains don't have a fax machine on their vessel," Millette said. "That stuff costs money. Are they going to send me a fax machine?

"They're going to see me and my customers at one of these reporting stations when we get back. Why do I have to fax them in advance? That's going to be a problem."

Jones added: "How are they going to enforce all of this? They're always worried about things that have nothing to do with what they're doing. Fishermen have nothing to do with terrorism."

Under Review

While Millette admitted that he'll abide by the new regulations, it won't be before he and other captains "work the channels" to gain additional information and details and possibly some leniency.

"Personally, I'm going to do the paperwork because the fishing is really good over there," Millette said.

He noted too that he's been in contact with the office of Congresswoman Marcy Kaptur (D-Ohio), who represents Northern Ohio's 9th Congressional District, which includes the shoreline and island communities along western Lake Erie. Kaptur, the senior-most woman in Congress, is seeking to meet with Homeland Security Secretary Michael Chertoff in the near future to discuss changes to the rules.

"People who are coming here for recreation are going to be treated as suspects," she told the Columbus (Ohio) Dispatch last week. "There has to be a better way to do this."

And in the wake of the backlash brought on by these restrictions, word came this week from CBP officials that some of the restrictions are under review by the agency and that clarifications will likely be issued in the coming days or weeks.

The restrictions under review, according to CBP regional press officer Brett Sturgeon, deal with exactly what types of boating activities will trigger certain reporting procedures.

"As far as OARS is concerned, that's pretty simple," he said. "If you go into a foreign country, then you need to come back and present yourself for inspection. If you're just simply fishing in Canadian waters and have not made entry to Canada, you would not. What's under review is the vessel and whether they're just fishing Canadian waters or if they actually had to drop anchor."

Again, though, passports will be required next year.

As for the fax-machine stipulation, Sturgeon said that requirement will likely stay in place. "That requirement will need to be followed but maybe not for the simple fact of trolling Canadian waters, and that's the crux (that's under review)," he said.

Other gray areas that need to be addressed deal with safe navigation. For instance, Jones explained that travel on certain portions of the Niagara River often involves crossing the U.S.-Canada border to avoid shoals.

According to Sturgeon, that activity would not warrant the need to go through the inspection process – just the normal call-in reporting by the vessel's captain.

The government said it publicized the passport requirement a year in advance to allow citizens to obtain the proper documents needed to enter or re-enter the U.S. Still, Jones believes it will act as a deterrent.

"Not everybody, for a 1-day fishing trip, is not going to want to spend $80 and the time it takes to get a passport," he said.

Tournament Impact

One of the unknowns in the fallout of the new restrictions is the effect on border-water tournaments.

This year, the FLW Walleye Tour will open its season at Lake Erie out of Port Clinton, Ohio. However, rules for the tournament state that fishing will be confined to Ohio waters only.

The Thousand Islands Northern Stren, slated for Aug. 20-23 in Clayton, N.Y., will permit fishing in Canadian waters provided anglers are properly licensed.

According to FLW spokesman Dave Washburn, tournament officials are aware of the restrictions and they're looking into whether there will be any effect on future FLW events.

The Bassmaster Elite Series will hold its Empire Chase tournament at Lake Erie and the Niagara River from July 31 to Aug. 3 in Buffalo, and as of this week, tournament officials were still awaiting word on how the rules would be enforced during the event. The league is then expected to make a ruling for the Elite Series based on CBP feedback.

The Professional Walleye Trail has frequently fished border waters and executive director Jim Kalkofen noted that, to avoid any problems in the future, "We'll talk directly with the officials onsite, starting with the Coast Guard on Great Lakes waters."

So in summary, several questions await an answer from government officials – specifically, whether charter captains will have to expand their reporting for simple forays into Canadian waters, and whether tournament organizations and competitors will have to fulfill special reporting requirements.

Updates will be published as news becomes available.

Notable

> There are 34 OARS locations along U.S.-Canada border waters stretching from Orient, Maine to International Falls, Minn., including 20 along the shores of Lake Erie. According to Sturgeon, there are no current plans to install additional OARS. The site list can be found here.

> The DHS stopped accepting oral declarations of citizenship and identity at land borders on Jan. 31, 2008.