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11 boats detained by Her Majesty's Customs

- for allegedly violating Cruising Permit Act
Some of the 11 boats detained during an operation by Her Majesty's Customs at Nanny Cay yesterday, August 24, 2016. Photo: VINO
From left: Deputy Commissioner of HM Customs Mr Leslie H. Lettsome and Commissioner of Customs Mr Wade N. Smith. Photo: VINO
From left: Deputy Commissioner of HM Customs Mr Leslie H. Lettsome and Commissioner of Customs Mr Wade N. Smith. Photo: VINO
HM Customs, US Border Patrol, and RVIPF Marine Patrol in a joint operation on Sunday August 21, 2016 while at the West End Ferry Dock. Photo: VINO
HM Customs, US Border Patrol, and RVIPF Marine Patrol in a joint operation on Sunday August 21, 2016 while at the West End Ferry Dock. Photo: VINO
SEA COWS BAY, Tortola, VI – Her Majesty’s Customs (HMC) continues to clamp down on boaters violating the territory’s laws, including the Commercial Recreational Vessels Licensing Act and Cruising Permit Act.

Only late yesterday, August 24, 2016, some eleven (11) vessels were suspected to be in violation and were detained.

This operation was witnessed by this news site’s reporter while in the Nanny Cay area.

According to our informed sources close to the operation, the vessels were believed to have been in violation of the Cruising Permit Act.

Contact was immediately made with Commissioner of Customs Mr Wade N. Smith who declined to divulge details but said, “Yes there was an operation, in fact an operation is in progress, it’s very early to give any details but I can confirm that quite a number of boats were detained and we are now getting started with the investigations.”

‘Cruising Permit Act’ constantly being violated

It was just Monday August 22, 2016 when the Deputy Commissioner of HM Customs, Mr Leslie H. Lettsome, in an exclusive interview with this news site, alluded to the fact that boaters and companies continue to violate the Cruising Permit Act, during off and in-season.

Lettsome explained that when the Cruising Permit Act came out in 1976 everyone paid the same rate. However, that was changed to in-season/off-season rates for locals.

“The in-season was a little higher and the off-season lower, the foreign boats they were enjoying the same thing but around 1988 or somewhere thereabout they decided that the foreign boats would pay one rate and the local boats would still enjoy the off season,” he explained.

The day-sail charters continue to be a challenge for Her Majesty’s Customs as, according to Mr Lettsome, “We have been having challenges particularly with those doing the day sail. They feel they should not be paying according to the Act.”

While explaining that there are some ‘intricacies’ with the governing act, the day sailors have to pay but are constantly defaulting and Her Majesty’s Customs insists that they will keep on their backs to ensure they pay and not deprive the industry monies that are legally due.

In the meantime, Lettsome said HM Customs is in constant dialog with the Attorney General Chambers to have the ‘intricacies’ in the respective Acts sorted out.

“The [Cruising Permit] Act is from 1976 and it needs some amendments because there are some loopholes that, if we are not careful, people can use to their advantage and not pay. So we have been clamping down on that and we have been in contact with the AG (Attorney General) Chambers showing them those grey areas so we can tighten up on them and also get some clarifications so those who supposed to pay the fees, pay.”

22 Responses to “11 boats detained by Her Majesty's Customs”

  • words of warning (25/08/2016, 09:15) Like (14) Dislike (26) Reply
    DO NOT KILL THE GOOSE THAT LAYS THE GOLDEN EGGS
    • wize up (25/08/2016, 10:02) Like (46) Dislike (0) Reply
      @ words of warning....its folks like you that have this little BVI heading down the wrong path: some of truly think because of cash flow others can violate the laws of these Virgin Islands: please try to grow a spine and standup for the right.....the vessels were detained simply because the operators have broken the laws....while these boat owners violate the laws, the territory makes no revenue....for the love of money some of us will sell our own soul
    • BuzzKill (25/08/2016, 11:22) Like (2) Dislike (1) Reply
      HM Customs - Ever vigilant in trying to the BVI's wild and woolly tourism products under control!
  • big spender markcos (25/08/2016, 09:28) Like (15) Dislike (17) Reply
    When does the auction starts, I ready to buy as many as you all can get. I can then opened my own boat service on the cheap and save myself some money for other things, like for bank repossessed houses. Me RICH!
    • LOL! (25/08/2016, 10:38) Like (13) Dislike (0) Reply
      @big spender markcos. Put some money back into the Treasury you mean. LOL!
  • csy (25/08/2016, 09:32) Like (1) Dislike (10) Reply
    Ok ok wade you have made your points
    • wize up (25/08/2016, 10:26) Like (26) Dislike (0) Reply
      @ csy.....why not let customs continue to do their job and you do yours....if your are a citizen of this territory you should be proud to see law enforcement finally conducting their lawful duties: some of us been violating the law of this territory for several years and now things are being done about it(who vex, vex)
  • east (25/08/2016, 10:17) Like (7) Dislike (5) Reply

    use to get some of the golden eggs to but he get cut off lol

  • watch out (25/08/2016, 11:03) Like (4) Dislike (4) Reply
    Boy Commish you messing with them boys election special friends. Mine you get snubbed and somebody appoint a soldier for one year.
  • easy way out (25/08/2016, 11:11) Like (5) Dislike (9) Reply
    who upset Wade. you people stopped paying his extra wages..?
  • voter (25/08/2016, 13:30) Like (9) Dislike (1) Reply
    Wade for president
  • HMMM (25/08/2016, 14:29) Like (3) Dislike (17) Reply
    This is so annoying.. I'm local. And it hurts me to see this kind of harassment... Let me have their fun enjoy our waters and go back and tell the world how beautiful the BVI and it saling waters are.
  • Fed Up (25/08/2016, 16:52) Like (10) Dislike (9) Reply
    VI News Online please publish the act....
    This is a money grab by Government by Customs.
    The Cruising permit Act is not designed for the day sail market...
    Hotels pay a hotel tax
    Charter boats (when you sleep onboard) pay the cruising tax
    Cruiseship guests pay the passenger tax.
    Now who are the guests on daysail boats??
    The Act does not mention Day sail boats it only talks about Charter Boats, back in 1976 how many daysail boats?? NONE. The charter boat industry was just cranking up and this tax was for them.
    Mr Lettsome says the industry is abusing the loop holes which the AG's chambers will close......
    The loop holes he refers to is
    section 11a) "on a scheduled journey"
    b) "on a direct journey between any two points within or without the Territory".
    I think these were written to ensure ferry's didn't get charged but as Mr.L is saying is being used as loop holes!
    The Act itself is being thrown at the local daysail market by Customs.
    If the photo is correct the owner of this company has the means to lawyer up and take this one to the cleaners!
    Customs, rule by good example not by fear... you have the marine community scurrying for cover and not knowing what is happening next...EDUCATE BEFORE YOU PROSECUTE!!!
    • homegrown (26/08/2016, 22:06) Like (0) Dislike (0) Reply
      What is the legal definition for " Charter Boat"?
      By Law what are the requirements in which a cruising permit is to be issued to a vessels.
      There are 2 types of license under the commercial license act and one is for those offering accommodation and those not.
  • what (25/08/2016, 17:32) Like (4) Dislike (0) Reply
    You have to be kidding...
  • @fedup (25/08/2016, 19:38) Like (9) Dislike (0) Reply
    Nice piece you wrote....but they being charged for not having the commercial license
  • Hibiscus (25/08/2016, 20:44) Like (5) Dislike (0) Reply
    About time. Excellent job Customs Dept.
  • rattie (25/08/2016, 23:57) Like (0) Dislike (0) Reply
    This people riding on these boats and still carrying news should be fired forthwith.
  • what (26/08/2016, 10:19) Like (2) Dislike (0) Reply
    How many day sail boats ever pay the cruising permit??? I never hear of one??? But now they getting fine......
  • 21savage (28/08/2016, 12:28) Like (0) Dislike (0) Reply
    I'll be one of those contenders @ auction


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