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Re: BVI Impounding boats
[Re: CaptainJay]
#240277
11/19/2020 07:00 PM
11/19/2020 07:00 PM
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Joined: Jul 2012
Posts: 559 Apex, NC
agrimsrud
Traveler
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Traveler
Joined: Jul 2012
Posts: 559
Apex, NC
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Jay - private boats or charter boats? If charter, what company? I've was chased by the BVI patrol boat last summer. I believe I was inside US waters when they came to yell at me. But not necessarily clear on the chart plotter where the border is located. This past charter in November I made the first tack very early to make sure they understood I knew not to cross into BVI waters. When CPB is broke, bored, and paranoid bad things can happen.
Life's short - sail more!
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Re: BVI Impounding boats
[Re: Deepcut]
#240291
11/20/2020 01:05 AM
11/20/2020 01:05 AM
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Joined: Jul 2008
Posts: 3,003
sail445
Traveler
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Traveler
Joined: Jul 2008
Posts: 3,003
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WOW, I sailed around St John last month and I am pretty sure I crossed the line. I felt I was "innocent passage".
I would think CBP would recognize a boat with full sails underway is not trying to enter country and spread Covid 19. If sails dropped and idle speed, I could understand CBP taking a closer look. The problem when you have mental midgets in CBP.
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Re: BVI Impounding boats
[Re: CaptainJay]
#240292
11/20/2020 03:38 AM
11/20/2020 03:38 AM
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Joined: Mar 2008
Posts: 2,347 St. Lucia
Zanshin
Traveler
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Traveler
Joined: Mar 2008
Posts: 2,347
St. Lucia
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There is most certainly more to this story than a sailboat tacking upwind and crossing the border between the BVI and the USVI. Both countries UNCLOS signatories and due to the wind direction in the Sir Francis Drake Channel boats sailing upwind are forced to repeatedly cross the water border. Both border patrols know this and it is impossible for the officers not to know these rules. Hence there are elements in this that we haven't been told about.
If the boat was just sailing, then this case will go to Den Haag and the BVI will not only have to pay back fines and damages, but will get fined as well.
p.s. The U.S.A. and Britain are signatories of the Hague Conventions of 1899 and the BVI was grandfathered in as a British Overseas Territory. The international permanent court of arbitration is where this type of case would be heard, and it sits in Den Haag, Netherlands.
Last edited by Zanshin; 11/20/2020 03:49 AM. Reason: Added postscript
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Re: BVI Impounding boats
[Re: GeorgeC1]
#240430
11/21/2020 03:22 PM
11/21/2020 03:22 PM
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Joined: Oct 2009
Posts: 1,481 Memphis, BVI, CT
RatmansWife
Traveler
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Traveler
Joined: Oct 2009
Posts: 1,481
Memphis, BVI, CT
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If they stopped at the Indians they legally must clear customs. G Which is not currently possible. A big fine, but a stupid move, if true.
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Re: BVI Impounding boats
[Re: sleepychef]
#240469
11/22/2020 10:46 AM
11/22/2020 10:46 AM
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Joined: Nov 2003
Posts: 1,408 New Jersey, USA
DanS
Traveler
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Traveler
Joined: Nov 2003
Posts: 1,408
New Jersey, USA
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Here's a description of the exclusion zone: https://bvi.org.uk/boaters-advised-not-to-sail-in-exclusion-zone/I suspect it has a typo. It says, "The exclusion zone is an area west of 64*38.300’W on the south side of Tortola." That longitude is about at Nanny Cay, and it would make a lot more sense for the zone to be east of that point. And in that case, the exclusion zone would not include the narrow area around Great Thatch, Little Thatch, and Frenchman's Cay. Dan  Edited to add: OK, based on the posts below, please ignore this one: 
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Re: BVI Impounding boats
[Re: Zanshin]
#240526
11/23/2020 10:19 AM
11/23/2020 10:19 AM
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Joined: Aug 2003
Posts: 192 WI. St. Thomas
TomSW
Traveler
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Traveler
Joined: Aug 2003
Posts: 192
WI. St. Thomas
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BE CAREFUL OUT THERE After delivering an Outbound 46 from Newport, RI to St Thomas last week, the owner Kevin Gregory, crew Andrew Dunbar, and myself went for a day sail to ease into society after nine days at sea. On Wednesday (Nov. 18), we were heading to Francis Bay, St John, USVI when we unwittingly sailed two miles beyond the US border, into BVI waters.
Within minutes a black hulled POLICE RIB pulls along and tells us to “stop the boat.” After brief questioning, the officer phoned his superiors, completes the call, requests our passports and ships documents, and escorts us to West End, BVI for processing.
While powering in, Kevin, a St Thomas resident was busily phoning attorneys and references to defend our case. Upon arrival at the customs dock, charges were filed for failure to report in upon entry to BVI water and failure to submit paperwork within 12 hours.
The essence here is that we weren’t intending to clear into BVI because our ultimate destination was a US harbor. However, after 27 hours and a $20,000 fine, we were released. Kevin was not allowed to take an exception before signing the admission of guilt.
Before we left, the BVI police brought in a US flagged 45’ yawl with two elderly couples, presumably for similar treatment, eventually escorting them to Road Harbour for processing. This is a money grab, be careful out there.
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Re: BVI Impounding boats
[Re: Maria_and_Steve]
#240564
11/23/2020 02:58 PM
11/23/2020 02:58 PM
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Joined: Aug 2000
Posts: 80,402 Central Florida!
Carol_Hill
Traveler
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Traveler
Joined: Aug 2000
Posts: 80,402
Central Florida!
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Maria and Steve--no problem, I just re-read your post a couple of times, trying to figure out if it was different.
Carol Hill
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