Schumer: Canadian Border Service Agency Will Review Port Dahlouise Boat Seizures that Cost Two Niagara County Residents Thousands of Dollars

Press Release

Today, Senator Charles E. Schumer revealed that the President of the Canada Border Services Agency (CBSA) has heeded his call, and will offer an appeal to Niagara County residents Randy Hook and Gerald Daniel for their boat seizure in Port Dahlousie. In August, Schumer urged that CBSA review this recent incident in which Randy Hook and Gerald Daniel were boating in Port Dahlousie when two of their vessels and one of their jet skis were seized by the Agency and they were forced to pay $3000 in fines after attempting to lawfully report their presence. Schumer highlighted that this appeal is an important step towards what he believes must be a two-pronged resolution: Canada Border Services Agency should investigate the specific treatment and costly boat seizure for Mr. Hook and Mr. Daniel, given their unsuspicious and lawful aims in the incident, and must provide clear and readily available guidance in terms of the expectations and obligations of American boaters more generally.

"I'm pleased that our neighbors across the border have heeded my call and will provide an appeal opportunity to the Hook and Daniel families, Niagara County residents that experienced a costly boat seizure while enjoying Port Dahlousie this summer," said Schumer. "In addition to this investigation, I urge the Canada Border Services Agency to immediately clarify their maritime border policies for New York boaters so that incidents like this, during which the Hook and Daniel families called authorities to lawfully report their vessels, but were instead slapped with $3,000 in fines, do no repeat themselves. CBSA must more clearly communicate the duties and expectations of Americans boating near the border, and provide clear warnings in incidents with first-time offenders in those situations. "

In an August letter to Luc Portelance, President of the Canada Border Services Agency, Schumer highlighted an incident during which Niagara County residents attempted to report their presence while on vacation, but were still forced to pay significant fines. According to reports, Canadian border patrol officers determined that both the Hook and Daniel families had failed to report their presence. However, both families had attempted multiple times and through various means to report their presence within minutes of entering Canadian waters. Ultimately, both of the families' boats and a Jet Ski were seized and the families were required to pay a $1,000 fine per vessel to get them back. In addition, the families had their NEXUS passes confiscated. The western New York residents have visited Port Dahlousie for over ten years and made a good faith effort to comply with Canadian law.

Schumer noted in his letter that without clear guidance, American boaters might be in violation of Canadian law without any knowledge or any illegal intent. Moving forward, Schumer highlighted that while offering an appeal is important in this instance, it is also necessary for CBSA to make clear the expectations of those boating near the Canadian border on a broader level. This includes the need to report presence at ports of entry, whether boats are anchored or otherwise on shore.

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