PRESS RELEASE FROM THE OFFICE OF THE 
V.I. CONGRESSIONAL DELEGATE
 
FOR IMMEDIATE RELEASE
CONTACT: Monique Clendinen Watson (202) 226-7973
 
Homeland Security Won’t Grant Full Waiver,

Will Ask Ports to Exercise Discretion, Seeks to Shorten Notice Time
Delegate Considers Legislative Options
(Washington, DC, November 2, 2005) — Delegate to Congress Donna M. Christensen announced today that the Department of Homeland Security has said that it will not grant a waiver to charter yacht boats in the Virgin Islands from the Advanced Passenger Information System (APIS) requirement that all vessels transmit a passenger and crew manifest to U.S. Customs and Border Protection prior to arrival at a U.S. port.

Delegate Christensen requested the waiver when it became known that the regulation would soon be enforced. Charter yacht boaters who make trips between the U.S. and the nearby British Virgin Islands complained that the requirement that a complete APIS manifest be submitted as early as 96 hours, but not later than 24 hours for every trip between the islands was arduous.  Boaters argued that with the short trips between the two island territories and quick turnarounds, compliance with the regulations on every trip was difficult.

In a letter to Delegate Christensen, Asst. Homeland Security Secretary Pamela J. Turner wrote that Customs and Border Protection (CBS) “recognized a need to accommodate the industry you represent, as well as the industry in the Great Lakes and Southern Florida where multiple voyages can occur within a 24 hour period, CBP has instructed its ports to exercise prosecutorial discretion and waive the 24 hour turnaround time requirement for vessels that are engaged in  ‘short-turn’ voyages.”  Turner continued that CBP was moving to amend the regulation so that “short-turn” vessel operators could transmit their manifests no later than 60 minutes prior to departure.

Turner wrote that since Customs and Border Patrol is the agency responsible for securing the nation’s borders and safeguarding the American homeland at and beyond the nation’s borders.  She continued that CBP “understand the impact that the APIS regulation has had on the commercial carrier industry and believe that the regulatory change will accommodate the small boat industry while providing CBP the information necessary to accomplish its primary mission.”

Delegate Christensen said however that she will continue to press for the full waiver. “We are considering all of our options, in light of the Department’s decision, including and up to introducing legislation to provide the waiver,” Christensen said. “But that is going to take time.  In the meantime, we have asked Homeland Security to send a Customs and Border Patrol official from Washington to meet with representatives of the Virgin Islands charter yacht industry to answer their questions directly.”
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