Letter to Luc Portelance, President of Canada Border Services Agency - Canadian Border Service Agency Must Clearly Communicate Expectations and Duties of American Fishermen in Canadian Waters, Review Local Fisherman's Boat Seizure

Letter

Dear Mr. Portelance,

As Chairman of the United States Senate Subcommittee on Immigration, Refugees and Border Security, I am responsible for directing U.S. Senate policy on northern border issues. In this capacity, I am continually briefed and updated on the increased collaboration that our Customs and Border Protection officials are engaging in with the Canada Border Services Agency (CBSA) to create a safer border and a border that encourages tourism and commerce. I very much appreciate your efforts in this regard.

I write today to highlight a recent incident involving one of my constituents, Roy M. Anderson, a resident of Thousand Island Park, New York, which I believe should prompt a review of CBSA's policies and procedures both as to his individual case and for future similarly-situated cases.

According to news accounts, while fishing at a spot in the Gananoque Narrows with a friend, Mr. Anderson's boat was boarded and seized by Canadian Border Services Agency officers. Officers came aboard his boat and checked his Canadian fishing license, which he always carries, and checked for outstanding criminal warrants, of which there were none. But when Mr. Anderson was asked if he had reported his presence in Canada at a port of entry, which he had not, his boat was seized and he was required to pay a $1,000 fine to get it back. Mr. Anderson was not aware of this requirement and was not given an opportunity to bring his actions into compliance with Canadian law.

For many fishermen living in upstate New York, it is difficult to understand their exact duties and obligations under Canadian law when fishing in waters that are near the Canadian border. Because violations of the kind that Mr. Anderson was cited for can be committed without any knowledge or any illegal intent, I respectfully ask that CBSA work to provide warnings and clear guidance to first-time offenders who are caught fishing on the U.S.-Canada border with no suspicious or unlawful aims. In addition, I respectfully ask that the CBSA investigate its treatment of Mr. Anderson to determine whether the equities of his case should prompt CBSA to refund the fine he was required to pay.

We believe that your agency is acting as a good faith partner with the United States to resolve our shared border issues. It is in this good faith spirit that I ask you to work with my office to resolve this issue. If there is any assistance you need from Congress in this regard, we stand ready to help with any legislation necessary to further this objective. We thank you for your attention to this important matter, and look forward to working with you to assist you in your mission of protecting our shared border while promoting travel, trade, and commerce.Sincerely,

Charles E. Schumer

Chairman

Subcommittee on Immigration, Border Security and Refugees

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