October 24, 2014 is the deadline by which consultation responses are to be received by the Ministry of Economic Development, Investment, Commerce and Tourism with respect to a just published Jet Ski Policy on the Anguilla Government’s website.
‘’The Personal Watercraft (PWC) (Jet Skis) Draft Policy”, as the document is formally called, has already met opposition from the Anguilla Hotel and Tourism Association (AHTA) and a number of concerned persons on the island. The ATHA stated its opposition to the policy in a letter from its President, Mr Delroy Lake, to Chief Minister, Mr Hubert Hughes last week. The letter stated that the membership of the AHTA overwhelmingly rejected the introduction of jet skis into Anguilla arguing, among other matters, that the policy does not fit in with the island’s Sustainable Tourism Master Plan.
The letter pointed out that the noise and physical threat of jet skis would damage Anguilla’s tourism appeal and branding of “Tranquillity wrapped in blue”; pose an accident threat and health and safety risk to resident and visitor swimmers with possible injury or death; and that jet skis were a constant rejection by visitors to Anguilla over the years. The letter also argued that the deadline of October 24 for consultation responses was “an inadequate period of time for fair discussion and input.”
The draft policy states in part: “The Minister of Finance and Tourism along with his cabinet have agreed that encouraging local entrepreneurs to invest in new water sporting activities is a goal that will improve the socio-economic development of Anguilla by creating jobs and business opportunities. In particular the Minister has decided that it would be beneficial to increase the number of motorized water sports on island. Currently, a number of water sporting activities are offered including water skiing, water safaris (using a propeller-driven dingy), sport fishing and non-motorized sporting activities.
“Government therefore wants to introduce the use of Jet Skis (Personal Water Craft) in Anguilla’s territorial waters as a well-regulated sporting and leisure activity.”
The policy document continued:
“Over the last four years, the Government has stated that it will revisit the Jet Ski Prohibition Act 2000. The Act states that “’Jet Ski’ means any motorized craft or vessel marketed under the name Jet Ski, wave runner, wave jammer or water scooter and includes other similar craft or vessel howsoever called.”
The Act also prohibits the use of the same in Anguilla’s waters by stating that:
Any person who –
(a) places, rides or drives a jet ski in the territorial sea of Anguilla;
(b) being the owner, or having custody or control, of a jet ski, allows any other person to place, ride or drive a jet ski in the territorial sea of Anguilla; or
(c) is present in or on a jet ski while it is being placed, ridden or driven in the territorial sea of Anguilla;
(d) commits an offence and is liable on summary conviction to a fine of $5,000 or imprisonment for 3 months or both.
The Act further states that: Upon the conviction of any person for an offence under this Act, the Magistrate’s Court may order the forfeiture of any jet ski used in connection with the commission of the offence.
The policy document further states:
“The Government, mindful of the lost opportunities for its people due to this prohibition, has decided to repeal the Jet Ski Prohibition Act and replace it with legislation reflective of its Jet Ski policy as stated in this document. The penalties of breaching the Act are stated above. It is important to note that this prohibition does not only apply to jet skis operated by individuals who either reside on the island or who are guests of hotels, resorts, villas and condominiums. It also applies to the luxury yachts that berth in Anguilla’s waters that have jet skis as part of their water sports equipment. Yacht owners cannot use their jet skis locally and leave the territory for other islands that permit their use. This has the potential to negatively impact the economy, and it is also incongruent with government’s policy of attracting luxury yachts to Anguilla and the establishment of luxury yachts marinas.
“This policy is underpinned by an approach that seeks to achieve the right balance of safety, respect for others using our territorial waters and the enhancement of water sports.
“The government will establish four (4) Authorised Areas (AAs) in Anguilla where Jet Skis can be used. These areas also apply to luxury yachts that utilize jet skis as part of their entertainment and recreation, and local owners of private PWCs who intend to use their vessels in Anguilla waters. The AAs are indicated in Maps 1-5 and are identified as
1. Crocus Bay
2. Long Bay
3. Forest Bay and
4. The Southern side of Road Bay
“These locations have been chosen in light of the fact that they can provide the maximum opportunities and benefits for local entrepreneurs to develop business. Additionally, there will be no more than four (4) total licenses to own and operate Jet Skis companies island-wide in Anguilla’s territorial waters (one for each area), and the licenses will only be granted to Belongers of Anguilla. These licenses will be granted under the provisions of the Beach Control and the Trades, Business, Occupations and Professions Licensing Acts.
“The Beach Vending Committee will establish a competitive system of request for proposals for each area and consider the grant of licenses to operators who in its opinion meet international and national standards of safety, have policies and procedures in place for respecting others using our territorial waters, and provide added value to the tourism industry through the responsible enhancement of water sports and training of staff and operators on the proper care and use of jet skis.
“Subsequent to the grant of a license under the Beach Control Act, a Business Licence will be considered under the Trades, Business, Occupations and Professions Licensing Act.”
The draft policy document lists a number of questions to serve as a guide to persons wishing to offer their views during the consultation process.
