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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
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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: 2,524 Grenada
Zanshin
Traveler
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Traveler
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Posts: 2,524
Grenada
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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: 1,657 Memphis, BVI, CT
RatmansWife
Traveler
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Traveler
Joined: Oct 2009
Posts: 1,657
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: 1,423 New Jersey, USA
DanS
Traveler
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Posts: 1,423
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
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Traveler
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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: 82,724 Central Florida!
Carol_Hill
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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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Re: BVI Impounding boats
[Re: BEERMAN]
#240585
11/23/2020 05:23 PM
11/23/2020 05:23 PM
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Joined: Dec 2007
Posts: 2,040 Charlotte, NC
NCSailor
Traveler
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Traveler
Joined: Dec 2007
Posts: 2,040
Charlotte, NC
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Just read through this thread and Jason I agree "2 miles" is quite a distance with local knowledge (St Thomas owner). The author of the email might have been guestimating distance from the shoreline of St John? or actual border? Leinster Bay is 2nm from West End. I'm curious where the boat was approached. Either way, when people get jammed up like this do the stiff penalties usually get reduced? Unfortunate incident just sailing around.
Sounds like the sailors were held hostage until they paid the fine and signed an admission of guilt. No way it gets reduced now.
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Re: BVI Impounding boats
[Re: CaptainJay]
#240637
11/24/2020 09:31 AM
11/24/2020 09:31 AM
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Joined: Sep 2010
Posts: 5,720 Massachusetts
maytrix
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Massachusetts
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Maybe they should have told CBP they had symptoms for covid. Would CBP really want them coming ashore at that point?
Matt
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Re: BVI Impounding boats
[Re: maytrix]
#240638
11/24/2020 09:33 AM
11/24/2020 09:33 AM
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Joined: Dec 2018
Posts: 1,360 Washington DC
bailau
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Traveler
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Washington DC
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Maybe they should have told CBP they had symptoms for covid. Would CBP really want them coming ashore at that point? That was the part that got me...we want to protect our borders but come ashore for 27 hours and hang out...
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Re: BVI Impounding boats
[Re: bailau]
#240664
11/24/2020 01:56 PM
11/24/2020 01:56 PM
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Joined: Nov 2000
Posts: 3,359 Cane Garden Bay, Tortola
JasonHelmbrecht
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Cane Garden Bay, Tortola
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Maybe they should have told CBP they had symptoms for covid. Would CBP really want them coming ashore at that point? That was the part that got me...we want to protect our borders but come ashore for 27 hours and hang out... They should consider themselves lucky they weren't forced to quarantine at their own cost for 14 days, tested, and then released. The original cost of quarantine for non-belongers was in the $7k each range for security, lodging, and food.
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Re: BVI Impounding boats
[Re: TC42]
#240668
11/24/2020 03:23 PM
11/24/2020 03:23 PM
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Joined: Jul 2008
Posts: 3,003
sail445
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Traveler
Joined: Jul 2008
Posts: 3,003
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I can’t imagine getting escorted back to port and going to jail and then calling your bank and asking them to wire $20,000 because you accidentally crossed the boarder in the water by two miles. It seems like the OP is just taking it in stride. It’s such an unbelievable situation. It’s called extortion.
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Re: BVI Impounding boats
[Re: CaptainJay]
#240767
11/27/2020 09:19 AM
11/27/2020 09:19 AM
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Joined: Oct 2000
Posts: 4,267 Vero Beach, Fl and South Sound...
tpcook
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Posts: 4,267
Vero Beach, Fl and South Sound...
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Such bad PR. So legally the boat captain brought the boat into BVI waters, but he has no money and the 2 older couples probably had no clue as to the location of the line between the 2 countries but they are being pressured into paying money to get released.. Full scale war between USA and BVI will not end well. Bring in the Navy seals to settle the score.
Last edited by tpcook; 11/27/2020 09:20 AM.
tpcook
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Re: BVI Impounding boats
[Re: CaptainJay]
#240768
11/27/2020 09:32 AM
11/27/2020 09:32 AM
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Joined: Jan 2017
Posts: 23
gudiss
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Posts: 23
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Re: BVI Impounding boats
[Re: CaptainJay]
#240770
11/27/2020 09:35 AM
11/27/2020 09:35 AM
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Joined: Mar 2008
Posts: 2,524 Grenada
Zanshin
Traveler
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Traveler
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Posts: 2,524
Grenada
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I am a big believer in Hanlon's Razor and believe that is what is happening here. Regardless, this is a terrible situation for those "incarcerated" and for the BVI in terms of public relations. But it certainly reinforces my decision to relocate my boat after almost 20 years in the BVI...
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Re: BVI Impounding boats
[Re: Zanshin]
#240771
11/27/2020 09:38 AM
11/27/2020 09:38 AM
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Joined: Aug 2000
Posts: 82,724 Central Florida!
Carol_Hill
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Central Florida!
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One wonders, is there an email address that US tourists could send an email to, to protest this?
Carol Hill
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Re: BVI Impounding boats
[Re: CaptainJay]
#240780
11/27/2020 10:15 AM
11/27/2020 10:15 AM
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Joined: Jan 2007
Posts: 1,277 Saint Thomas, USVI
CaptainJay
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OP
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Saint Thomas, USVI
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A long long time ago I can still remember how That sailing died how it used to make me smile And I knew if I had my chance That I could make those people dance And maybe they'd be happy for a while
But November made me shiver With every post that gets delivered Bad news on the internet I couldn't take one more step
I can't remember if I cried When I read about his widowed bride Something touched me deep inside The day the sailing died
Last edited by CaptainJay; 11/27/2020 10:16 AM.
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Re: BVI Impounding boats
[Re: CaptainJay]
#240790
11/27/2020 01:46 PM
11/27/2020 01:46 PM
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Joined: Jul 2006
Posts: 437 Morrisville, PA/West End, Tort...
Aries4
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Morrisville, PA/West End, Tort...
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When they seized the boat, did the leader of the boarders say, "Aargh! Either join me crew or walk the plank?" Because it kinda looks like that type of scenario to me. "As soon as I realized that I had tacked too far, I found myself off the pirate coast of Somalia!"
Last edited by Aries4; 11/27/2020 01:46 PM.
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Re: BVI Impounding boats
[Re: bailau]
#240794
11/27/2020 02:24 PM
11/27/2020 02:24 PM
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Joined: Jul 2008
Posts: 3,003
sail445
Traveler
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Posts: 3,003
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I prefer "Occam's razor"....the simplest solution is usually the correct one
I would imagine BVI got tired of people not respecting the exclusion zone and found a few boats to make an example of to deter others.
At the end of the video the woman indicates 1 of the crew was supposed to be in quarantine in PR yet went out on the boat... Regardless people tacking through th channel in no way or form can contaminate the citizens of the BVI.
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Re: BVI Impounding boats
[Re: sail445]
#240799
11/27/2020 03:27 PM
11/27/2020 03:27 PM
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Joined: Dec 2018
Posts: 1,360 Washington DC
bailau
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Washington DC
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I prefer "Occam's razor"....the simplest solution is usually the correct one
I would imagine BVI got tired of people not respecting the exclusion zone and found a few boats to make an example of to deter others.
At the end of the video the woman indicates 1 of the crew was supposed to be in quarantine in PR yet went out on the boat... Regardless people tacking through th channel in no way or form can contaminate the citizens of the BVI. Agree...but once they dragged them to shore (which I don't think was the best idea) and found out they are probably making them all quarantine
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Re: BVI Impounding boats
[Re: CaptainJay]
#240802
11/27/2020 03:32 PM
11/27/2020 03:32 PM
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Joined: Oct 2000
Posts: 4,267 Vero Beach, Fl and South Sound...
tpcook
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Traveler
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Posts: 4,267
Vero Beach, Fl and South Sound...
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Dept of State Travel Advisory for the BVI Level 3 – Reconsider Travel: Avoid travel due to serious risks to safety and security. The Department of State provides additional advice for travelers in these areas in the Travel Advisory.
tpcook
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Re: BVI Impounding boats
[Re: bailau]
#240803
11/27/2020 03:49 PM
11/27/2020 03:49 PM
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Joined: Apr 2002
Posts: 7,032 GA/NC
GeorgeC1
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GA/NC
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I doubt they had many people violating the exclusion zone in sailboats. Regardless a 500 or 1000 dollar fine would be sufficient. A daytime exclusion zone serves no function at all as far as Covid. At night perhaps but it would only be people intending to go ashore and or remain illegally in the BVI that would present a problem. Mostly that would be locals shopping and avoiding import duties. I once spent the night in water lemon cay. A friend brought a handheld nightscope. It looked like a highway running from the USVI and BVI. I was surprised there were not collisions with all those boats and no lights! G
Last edited by GeorgeC1; 11/27/2020 03:56 PM.
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Re: BVI Impounding boats
[Re: CaptainJay]
#240806
11/27/2020 04:21 PM
11/27/2020 04:21 PM
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Joined: Jan 2007
Posts: 1,277 Saint Thomas, USVI
CaptainJay
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OP
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Posts: 1,277
Saint Thomas, USVI
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There has been a lot of talk about the "exclusion zone". That zone is for BVI based boats in BVI waters. They closed this area to their own boats when they reopened recreational boating to people already legally in the territory. This "exclusion zone" has nothing to do with the US side of the Narrows or anything to do with US boats. They do not have the jurisdiction to exclude US boats or any other boats legally in US waters from transiting the US side of the narrows. They do have the right to close the border and the boundary. The problem with these two incidents is not that the boats were stopped. The problem is the manner in which they were handled afterward. These are not ISIS fighters invading their borders. They weren't even the belongers that smuggled in the covid infected strippers. Which caused an outbreak that forcing their whole territory to shut down. They were two recreational boats out for daysails that made a bad decision to sail across the border. In normal times both of these incursions would have been considered innocent passage. Measured response of a stern warning would have been appropriate. This has and will continue to be an international incident. It will affect the goodwill of our whole industry. Both US and BVI based sailing will be affected by this decision. There are no winners in this.
Last edited by CaptainJay; 11/27/2020 04:24 PM.
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Re: BVI Impounding boats
[Re: CaptainJay]
#240814
11/27/2020 07:31 PM
11/27/2020 07:31 PM
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Joined: Jun 2007
Posts: 304 Perdido Key, Florida
cbinparadise
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Perdido Key, Florida
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Just saw this on BVI Abroad Facebook page....
"USA state dept travel advisory for the BVI Level 3 – Reconsider Travel: Avoid travel due to serious risks to safety and security. The Department of State provides additional advice for travelers in these areas in the Travel Advisory."
Last edited by cbinparadise; 11/27/2020 07:32 PM.
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Re: BVI Impounding boats
[Re: Carol_Hill]
#240857
11/28/2020 10:06 AM
11/28/2020 10:06 AM
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Joined: Aug 2000
Posts: 82,724 Central Florida!
Carol_Hill
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Central Florida!
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I just removed a couple of posts here, which had gone further off topic and into personal insults. You know guys, if this weren't such an IMPORTANT topic, I would lock it down right now.
Get back to the subject at hand. And this chippiness stops NOW.
Carol Hill
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Re: BVI Impounding boats
[Re: CaptainJay]
#240862
11/28/2020 10:38 AM
11/28/2020 10:38 AM
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Joined: May 2006
Posts: 886 Louisville, KY
NoelHall
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Traveler
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Louisville, KY
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Wow! I'm just realized I'm traversing USVI waters on nearly every trip out of Soper's Hole to Norman Island, and seems I remember having plenty of company. Looking at Google Earth, it appears I would need to head east to Nanny Cay before turning south.
Noel Hall "It is humbling indeed, to discover my own opinion is only correct less than 50% of the time." www.noelhall.com
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Re: BVI Impounding boats
[Re: CaptainJay]
#240873
11/28/2020 12:50 PM
11/28/2020 12:50 PM
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Joined: Apr 2002
Posts: 7,032 GA/NC
GeorgeC1
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My fear is that if this is not settled soon the US will ban travel to the BVI.
Last edited by GeorgeC1; 11/28/2020 02:32 PM.
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Re: BVI Impounding boats
[Re: sleepychef]
#240876
11/28/2020 01:01 PM
11/28/2020 01:01 PM
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Joined: Jul 2020
Posts: 525 Bay Area
Husker
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Bay Area
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Noel that is the exclusion zone,not territorial waters so hopefully you are safe. This is confusing. What exactly is the Exclusion Zone? Is the area west of the Norman-Nanny Cay line and east of the USVI/BVI border a no-fly zone?
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Re: BVI Impounding boats
[Re: Husker]
#240878
11/28/2020 01:38 PM
11/28/2020 01:38 PM
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Joined: Jan 2007
Posts: 1,277 Saint Thomas, USVI
CaptainJay
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OP
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Saint Thomas, USVI
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There has been a lot of talk about the "exclusion zone". That zone is for BVI based boats in BVI waters. They closed this area to their own boats when they reopened recreational boating to people already legally in the territory. This "exclusion zone" has nothing to do with the US side of the Narrows or anything to do with US boats. They do not have the jurisdiction to exclude US boats or any other boats legally in US waters from transiting the US side of the narrows. They do have the right to close the border and the boundary. See the link below. BVI Exclusion Zone
Last edited by CaptainJay; 11/28/2020 01:39 PM.
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Re: BVI Impounding boats
[Re: GeorgeC1]
#240882
11/28/2020 02:08 PM
11/28/2020 02:08 PM
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Joined: Aug 2000
Posts: 82,724 Central Florida!
Carol_Hill
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George--Frankly, I think the US should consider making that threat anyway. This whole thing is BS.. Total over-reaction.
Carol Hill
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Re: BVI Impounding boats
[Re: CaptainJay]
#240891
11/28/2020 03:06 PM
11/28/2020 03:06 PM
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Joined: Dec 2018
Posts: 1,360 Washington DC
bailau
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Posts: 1,360
Washington DC
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Maybe I am missing something but why exactly is the US going to "threaten" a strong ally for doing something that is totally within its rights under recognized international law? Never ever been a fan of the BVI government but they clearly indicated here with these 2 examples if you want to play loosely with their boundaries and rules there is a price to pay. As a Captain I stay away from international boundaries in normal times (or at least make my intentions publicly known) and here the BVI have telegraphed their intentions repeatedly on this and have had Covid come into BVI from people not respecting their boundaries. I agree with Zanshin that BVI has a complete disregard for their goodwill among both tourists and the BVI businesses that support tourism.... But "International Incident"....highly unlikely. Even this matter this week between UK and USA which was tragic never rose to an "International Incident" https://www.nydailynews.com/news/wo...24-o5m2fjap3bg3lhv2o6enhixwb4-story.htmlThe lesson here for serious Captains is don't mess with their boundaries.
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Re: BVI Impounding boats
[Re: CaptainJay]
#240917
11/29/2020 05:04 AM
11/29/2020 05:04 AM
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Joined: Mar 2008
Posts: 2,524 Grenada
Zanshin
Traveler
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Posts: 2,524
Grenada
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That was posted from the people aboard the impounded sailboat, the link is somewhere in this thread. I wondered about that distance as well, since 2 miles is more than an insignificant "incursion" in that area (considering the Sir Francis Drake passage has a distance of about 2 miles from Tortola to St. Thomas in the exclusion zone and the sea-border runs through the middle...)
Last edited by Zanshin; 11/29/2020 05:05 AM.
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Re: BVI Impounding boats
[Re: bailau]
#240938
11/29/2020 10:39 AM
11/29/2020 10:39 AM
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Joined: Aug 2000
Posts: 82,724 Central Florida!
Carol_Hill
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Central Florida!
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sleepychef must have deleted that link himself, as that was what I was responding to.
Carol Hill
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Re: BVI Impounding boats
[Re: CaptainJay]
#240948
11/29/2020 11:31 AM
11/29/2020 11:31 AM
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Joined: Jun 2003
Posts: 642 BVI
kerry
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I had read that they left maho and were sailing in the direction of Jost with the intention of tacking back over. Who the heck knows
Last edited by kerry; 11/29/2020 11:32 AM.
kerry
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Re: BVI Impounding boats
[Re: CaptainJay]
#240951
11/29/2020 12:38 PM
11/29/2020 12:38 PM
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Joined: Dec 2018
Posts: 1,360 Washington DC
bailau
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Washington DC
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Here is another story that just resolved as well... https://www.seafoodsource.com/news/...tish-virgin-islands-finally-returns-homeI think the other great lesson is if you have an issue get legal help ASAP. I would note boat 1 that was released apparently had legal counsel on the phone before they docked and the issue was resolved. This boat on the other hand decided to broadcast to the world that they were guilty and had even broken PR quarantine....a good attorney would have not only advised them to be quiet but at least make sure if you aren't you don't admit wrongdoing publicly in a further attempt to embarrass an already embarrassed BVI. In the Foy matter in the link even the US involvement didn't really alter the outcome with the exception of possibly reducing his fine.... I am not condoning BVIs behavior here but I think it is a strong warning for all serious captains
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Re: BVI Impounding boats
[Re: JasonHelmbrecht]
#240977
11/29/2020 06:54 PM
11/29/2020 06:54 PM
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Joined: Aug 2000
Posts: 82,724 Central Florida!
Carol_Hill
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Central Florida!
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Interesting. Wonder why there wasn't some official word from the government to that effect before now? And the press release seemed to indicate that they were being criminally charged, but the timing seemed to be AFTER the story came out in the news.. So, are they being criminally charged?
Carol Hill
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Re: BVI Impounding boats
[Re: GeorgeC1]
#240992
11/29/2020 09:34 PM
11/29/2020 09:34 PM
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Joined: Jan 2017
Posts: 735 Panama City Beach, Florida
xrayman67
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You generally don’t drag someone into your country to place them in quarantine. They are being held under guard against their will. The standard term for that is arrest. Completely agree. It makes zero sense. If this is simply to protect the BVI from COVID-19, they should have been warned and escorted back across the border. No contact and zero risk to anyone.
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Re: BVI Impounding boats
[Re: xrayman67]
#241015
11/30/2020 08:30 AM
11/30/2020 08:30 AM
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Joined: Nov 2000
Posts: 3,359 Cane Garden Bay, Tortola
JasonHelmbrecht
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Joined: Nov 2000
Posts: 3,359
Cane Garden Bay, Tortola
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You generally don’t drag someone into your country to place them in quarantine. They are being held under guard against their will. The standard term for that is arrest. Completely agree. It makes zero sense. If this is simply to protect the BVI from COVID-19, they should have been warned and escorted back across the border. No contact and zero risk to anyone. I'd guess there's more to the story or they got tired of warning people and needed to send a message. The timing seems like the perfect time to send a message as USVI charters will be increasing closer to the holiday season. Immigration officers in most countries have a reputation of being strict and that's for a reason. Just because it's normally a "softer" sea border does not make it OK to assume there will be a warning. I understand boats need to have space to tack but I'm also pretty sure that boat has a engine and not need to tack thru a narrow channel just because they felt like day sailing.
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Re: BVI Impounding boats
[Re: sail445]
#241075
11/30/2020 10:53 PM
11/30/2020 10:53 PM
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Joined: Aug 2000
Posts: 82,724 Central Florida!
Carol_Hill
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Posts: 82,724
Central Florida!
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Apparently the court date for these folks was delayed till later on in the week, not sure why. Anyone have any info? By that time a 14 day quarantine would have expired, no?? Link
Carol Hill
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Re: BVI Impounding boats
[Re: CaptainJay]
#241078
11/30/2020 11:32 PM
11/30/2020 11:32 PM
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Joined: Apr 2004
Posts: 10,999 Macon, Georgia
GlennA
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Posts: 10,999
Macon, Georgia
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There was a rough description of the exclusion boundaries on Noonsite. The boundary that they crossed was a line between West End point and the western most point on Jost. I think some confusion is that 1.5 NM inside BVI waters is not the same as being inside the exclusion zone. Latest seeming reliable info I have is they were "NE of Great Thatch about 1.5nm inside BVI waters starting to tack through the Narrows". That statement is a bit ambiguous but here is a worse case SWAG.
I plotted a line 1.5 nm north of the boundary as indicated on Imray A231 and a line NE from the center of Great Thatch and they cross about 1/4 NM inside the exclusion zone. That is just about where a cat on an ENE course would tack to make the Narrows. A mono would probably tack a little sooner.
Any legal hounds out there might find it interesting to review UN Convention on Laws of the Seas (UNCLOS) Articles 19 and 25. If this were to happen to someone with very deep pockets and a strong sense of principles (or retribution) he could cause the BVI government considerable pain.
Travel is fatal to prejudice, bigotry, and narrow-mindedness, and many of our people need it sorely on these accounts. - Mark Twain
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Re: BVI Impounding boats
[Re: CaptainJay]
#241099
12/01/2020 11:27 AM
12/01/2020 11:27 AM
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Joined: Nov 2017
Posts: 56 Bucks County, PA
Marie
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Posts: 56
Bucks County, PA
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It made the New York Post yesterday. https://nypost.com/2020/11/30/us-boaters-detained-for-sailing-into-british-virgin-islands-seas/. Yes, when we go from Maho to Leinster we motor not sail around Mary Point and give it a wide berth because of how rocky and craggy it is. Ok, so the hostages sailed over according to their testimony. If what they say is true, and they just entered into BVI waters 1.5 nm as they were going around Mary Point, then give them a warning, a stern warning. Don't incarcerate them and charge them $20,000! They were not entering land and about to spread covid on the island. By my count this is the 13th day of captivity. Why was yesterday's hearing delayed?
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Re: BVI Impounding boats
[Re: Marie]
#241100
12/01/2020 11:33 AM
12/01/2020 11:33 AM
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Joined: Aug 2000
Posts: 82,724 Central Florida!
Carol_Hill
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Central Florida!
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Don't know why the hearing was delayed, but according to my calculation if it's the end of the week, the 14 day quarantine would have expired. Perhaps they made some deal that they wouldn't actually charge them with anything if the clear the 14 days quarantine and then they will just let them go at that point??
Carol Hill
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Re: BVI Impounding boats
[Re: CaptainJay]
#241156
12/01/2020 04:57 PM
12/01/2020 04:57 PM
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Joined: Dec 2004
Posts: 2,390 Ill, USA
Will_L
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Traveler
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Posts: 2,390
Ill, USA
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Politicians often do some stupid things in a panic or trying to make one size fit all. We’ve seen that in the US and I suspect the same in this instance. After having traffic back and forth to St. Thomas, certainly some well publicized involving drugs and weapons, and bringing Covid along, they decided to clamp down on security and expended resources to do it.
So they “caught” two old couples on a tack in a sailboat with no contraband and no intention of going ashore and in their one size fits all mindset, forced them ashore and have essentially held them hostage for many days.
They may as some claim be perfectly within their rights in doing so and their claim overrides innocent passage, but that doesn’t mean it wasn’t dumb as a box of hammers.
The bvi has often hit people hard in the pocketbook for fishing in their waters without permits but the public view of this insistence on 20,000 $ in cash, appears to be a shakedown. It has all the markings of a small town catching someone for minor traffic violations and locking em up until they paid thousands in ransom, er fines.
But in a country beset with a terrible economy, with banking suffering before tourism tanked and obviously not great political leadership as evidenced by the disasterous December 1 reopening and letting this fiasco get out of hand, those leaders seem to be doubling down on dumb.
The quicker they clear this up for “humanitarian concerns” , the less damage to their brand. Never go broke betting on a bureaucrat to do something stupid and compounding it. It will be forgotten but will hurt on the margin and didn’t have to happen.
Last edited by Will_L; 12/01/2020 09:57 PM.
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Re: BVI Impounding boats
[Re: CaptainJay]
#241162
12/01/2020 05:39 PM
12/01/2020 05:39 PM
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Joined: May 2006
Posts: 886 Louisville, KY
NoelHall
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Posts: 886
Louisville, KY
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One of the crew members is posting on Facebook (Jeanne). She posted yesterday afternoon that a Covid test is now required before the captain appears in court. She posted a picture of their hotel room, which she said is 'bug free and has air conditioning', and apparently they have access to the Internet. The picture reflects the room to be a typical 3 star BVI hotel room. Her comments seem to suggest they are confined to the room, have an attorney, but can't seem to get a 'straight answer' to what is going to happen and when. Just what I have summarized from the comments, I have no personal information.
It appears she updated Facebook this morning, stating they had a Covid test and are scheduled to appear in court at 2:00 this afternoon.
Last edited by NoelHall; 12/01/2020 05:44 PM.
Noel Hall "It is humbling indeed, to discover my own opinion is only correct less than 50% of the time." www.noelhall.com
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Re: BVI Impounding boats
[Re: CaptainJay]
#241164
12/01/2020 05:59 PM
12/01/2020 05:59 PM
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Joined: Feb 2010
Posts: 569 Knoxville, TN
rundugrun
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Posts: 569
Knoxville, TN
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The BVI has a reputation for treating tourists poorly... We typically ignore that because of the pristine sailing grounds... But, there have been multiple incidents of tourists ending up in the “gut”. I remember about 10 years ago they imprisoned a US citizen for fishing in BVI waters and fined him $45,000. Eerily similar... Reminds me of Mexico when police would stop you for “speeding” and demand cash. Extortion. It’s common in corrupt countries... https://www.soundingsonline.com/news/american-jailed-for-fishing-in-the-bvi
Last edited by rundugrun; 12/01/2020 06:19 PM.
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Re: BVI Impounding boats
[Re: rundugrun]
#241165
12/01/2020 06:29 PM
12/01/2020 06:29 PM
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Joined: Jul 2008
Posts: 3,003
sail445
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Posts: 3,003
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The BVI has a reputation for treating tourists poorly... We typically ignore that because of the pristine sailing grounds... But, there have been multiple incidents of tourists ending up in the “gut”. I remember about 10 years ago they imprisoned a US citizen for fishing in BVI waters and fined him $45,000. Eerily similar... Reminds me of Mexico when police would stop you for “speeding” and demand cash. Extortion. It’s common in corrupt countries... https://www.soundingsonline.com/news/american-jailed-for-fishing-in-the-bviYou are so correct because the average charterer goes there and the first thing they do is Kiss up to people and start handing them $20 tips for just breathing or putting a smile on their faces. After decades the locals think all tourists are idiots and easy.
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Re: BVI Impounding boats
[Re: CaptainJay]
#241241
12/02/2020 01:49 PM
12/02/2020 01:49 PM
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Joined: Aug 2000
Posts: 82,724 Central Florida!
Carol_Hill
Traveler
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Posts: 82,724
Central Florida!
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Jay--thanks for the link. If you hear anything else as far as an update, please let us know.
Carol Hill
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Re: BVI Impounding boats
[Re: CaptainJay]
#241254
12/02/2020 03:08 PM
12/02/2020 03:08 PM
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Joined: May 2006
Posts: 886 Louisville, KY
NoelHall
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Louisville, KY
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I'll admit, I'm only a novice credit card captain. The definition of 'passage' in my mind is departing point 'A' and headed to 'point 'B. I'm not sure I understand how leaving St. Thomas and headed to St. Francis Bay would typically include a 'fly by' of the Soggy Dollar Bar on Jost Van Dyke. It sounds more like a pleasure sail in the waters of a foreign country with no intent of actually stopping. I would agree the consequences seem very steep for conduct that was previously condoned, although a tough time to 'assume' anything in respect to the possibility of new restrictions in the territorial waters of any Caribbean country due to Covid-19. I am sorry and sympathize with the crews of both boats, although it has certainly sent a very publicized message to anyone thinking of innocently sailing into foreign waters until this virus is behind us. Just my personal comment, I'm not a source of knowledge or authority of anything.
Noel Hall "It is humbling indeed, to discover my own opinion is only correct less than 50% of the time." www.noelhall.com
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Re: BVI Impounding boats
[Re: CaptainJay]
#241286
12/02/2020 06:51 PM
12/02/2020 06:51 PM
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Joined: Jul 2008
Posts: 3,003
sail445
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Posts: 3,003
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So typical that the so-called authorities don’t know the law and definitely don’t have a clue on how to interpret it. But on the positive side if they knew and strictly adhered to the law these beautiful islands would turn into a crowded strict metropolis
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Re: BVI Impounding boats
[Re: JasonHelmbrecht]
#241294
12/02/2020 08:01 PM
12/02/2020 08:01 PM
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Joined: Dec 2004
Posts: 2,390 Ill, USA
Will_L
Traveler
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Traveler
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Posts: 2,390
Ill, USA
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Perhaps, but the money they would get charging for quarantine like the $4000 in fines would not pay for the horribly bad publicity. Besides they might have opened themselves up to cruel and unusual punishment incarcerating two long married couples in one dingy hotel room. Though way too late someone wiser than those who forced the boat ashore, demanded $20,000 cash, threw 4 elderly US citizens in a crappy room for several days, told the bureaucrats to “Stop digging”. I’m sure after scamming 20k off the sailor mentioned above who didn’t raise a ruckus, they thought it would be a good revenue source. Oops
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Re: BVI Impounding boats
[Re: CaptainJay]
#241296
12/02/2020 08:11 PM
12/02/2020 08:11 PM
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Joined: Mar 2003
Posts: 4,043 Buffalo, NY
LauraTheTshirtGal
Traveler
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Traveler
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Posts: 4,043
Buffalo, NY
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From the capt of the Sailing Anarchy boat: "Having only just arrived in-territory, I had no benefit of this “common knowledge”. Instead, they detained us ashore where, if we were COVID positive, we could expose their citizens to the disease. No, this detention and fine via a mis-application of law, is tantamount to piracy and extortion; a money grab of the worst sort under the guise of legitimate government action perpetrated against innocent yachtsmen. " ...BINGO
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Re: BVI Impounding boats
[Re: CaptainJay]
#241310
12/03/2020 04:39 AM
12/03/2020 04:39 AM
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Joined: Apr 2004
Posts: 10,999 Macon, Georgia
GlennA
Traveler
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Traveler
Joined: Apr 2004
Posts: 10,999
Macon, Georgia
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This is why I said that someone with deep pockets and a strong sense of honor (or retribution) could cause the BVI government a great deal of pain. The government did not file a proper notice. "Local knowledge", a press conference or an internet post are not proper notice. And worse, if he kept his GPS track, he can show that he was outside the line of exclusion when he was stopped.
Travel is fatal to prejudice, bigotry, and narrow-mindedness, and many of our people need it sorely on these accounts. - Mark Twain
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Re: BVI Impounding boats
[Re: JasonHelmbrecht]
#241451
12/03/2020 05:17 PM
12/03/2020 05:17 PM
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Joined: Feb 2010
Posts: 569 Knoxville, TN
rundugrun
Traveler
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Traveler
Joined: Feb 2010
Posts: 569
Knoxville, TN
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They got off easy with a $1k fine each. When the borders first reopened, the cost to quarantine in the government hotels was around $3k for non-belongers. They should have had to pay that as well. Jason - Did you even read the account? They were *outside* the exclusion zone. They were wrongfully detained and therefore shouldn’t have had to pay any fine at all. Unfortunately, this type of behavior is becoming common in the corrupt BVI. https://sailinganarchy.com/2020/12/...G0Fg6DmoU4JUgSDJXFYKwdIEiVa3TxVxGpbr6PMM
Last edited by rundugrun; 12/03/2020 05:22 PM.
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Re: BVI Impounding boats
[Re: CaptainJay]
#241454
12/03/2020 05:37 PM
12/03/2020 05:37 PM
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Joined: Nov 2000
Posts: 3,359 Cane Garden Bay, Tortola
JasonHelmbrecht
Traveler
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Traveler
Joined: Nov 2000
Posts: 3,359
Cane Garden Bay, Tortola
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Yes, I did but thanks for showing you didn't.
We're talking about 2 different boats. The boat that was fined $20k claims to have not been in the exclusion zone but admits he was in BVI waters. He chose to pay his fine immediately, and left for the USVI. He will follow due process to try and have it reversed. He was still in BVI waters so I'm not sure how it will go for him.
The boat that was held, quarantined, and fined $1000 each was 2 miles over the border (closed border), admitted it, and had their day in court.
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Re: BVI Impounding boats
[Re: DaveZ]
#241465
12/03/2020 06:48 PM
12/03/2020 06:48 PM
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Joined: Dec 2018
Posts: 1,360 Washington DC
bailau
Traveler
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Traveler
Joined: Dec 2018
Posts: 1,360
Washington DC
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getting held up for 20k and not being happy about it doesn't make one an "Ugly American" No but her interviews and social media posts by their relatives certainly strike the "Ugly American" chord IMHO...FWIW I think the 20k fined boat handled it as well as they could but of course they are out 16k more than the other boat that decided to play this out in the media...
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Re: BVI Impounding boats
[Re: Breeze]
#241466
12/03/2020 06:54 PM
12/03/2020 06:54 PM
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Joined: Jul 2008
Posts: 3,003
sail445
Traveler
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Joined: Jul 2008
Posts: 3,003
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There is a history behind the term " Ugly American", so who wants to go abroad and be one ?
Being a guest has some personal responsibilities attached. Please don’t judge people by your previous history. The sailors had every right to sail by, they didn’t anchor. It’s called innocent passage and only uneducated nations who don’t know the laws will do what the BVI are doing
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Re: BVI Impounding boats
[Re: CaptainJay]
#241467
12/03/2020 06:57 PM
12/03/2020 06:57 PM
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Joined: May 2006
Posts: 886 Louisville, KY
NoelHall
Traveler
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Traveler
Joined: May 2006
Posts: 886
Louisville, KY
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I fail to understand? Sailing from St. Thomas to St. Francis Bay on St. John doesn't appear to require 'passage' through BVI territorial waters, innocent or otherwise, and certainly would not require a 'fly by' of Soggy Dollar Bar on Jost Van Dyke. It seems a 'stretch' to define 'innocent passage' under the subject international agreement as allowing boaters indiscriminate trespass into foreign territorial waters for pleasure purposes. But then again, I'm not an authority on these matters. The captain/owner did admit on another report that he lost his cool, although I have no idea if 'playing nice' would have changed the outcome.
Noel Hall "It is humbling indeed, to discover my own opinion is only correct less than 50% of the time." www.noelhall.com
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Re: BVI Impounding boats
[Re: CaptainJay]
#241469
12/03/2020 07:02 PM
12/03/2020 07:02 PM
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Joined: Oct 2001
Posts: 1,901 Maine
Breeze
Traveler
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Traveler
Joined: Oct 2001
Posts: 1,901
Maine
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Treating a sovereign nation's borders as a maritime playground, then complaining on the world stage about enforcement of those borders, really doesn't ring my bell in favor of the sailors who got caught where they weren't supposed to be. Ahem, 2 weeks after a massive drug bust...in the middle of a pandemic.???? No sh&t sherlock ?
Slow the roll. If you don't like the BVI rules, don't go there. I live in ski county, I know that no one wants to be tested to come here, I know they still want to come here.
Come here, just mask up. Come here, just respect my 6 foot perimeter. Come here, just PLEASE don't disrespect the boundaries that have been laid for visitors. And, for God's sake, don't say your need to spend money matters more than life and safety.
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Re: BVI Impounding boats
[Re: CaptainJay]
#241477
12/03/2020 08:33 PM
12/03/2020 08:33 PM
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Joined: Dec 2018
Posts: 1,360 Washington DC
bailau
Traveler
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Traveler
Joined: Dec 2018
Posts: 1,360
Washington DC
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Here you go George in the Captain of Blue Skies' (of the 20k boat) own words: "At a point about 1 mile south of White Bay, Jost Van Dyke...." Source: https://sailinganarchy.com/2020/12/02/detained-and-fined/And it looks as though he is going to pursue legal means to get the money back so assuming he is going to follow through we should all have our "legal answer". I do think when he retains counsel and determines the cost and time to pursue this he will cut his losses however His quote from source above... "I am now engaged in attempt to vacate my guilty plea and litigate the validity of the fines."
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Re: BVI Impounding boats
[Re: CaptainJay]
#241512
12/04/2020 11:36 AM
12/04/2020 11:36 AM
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Joined: May 2006
Posts: 886 Louisville, KY
NoelHall
Traveler
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Traveler
Joined: May 2006
Posts: 886
Louisville, KY
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The captain claimed he was intercepted at 18 25.629 N 64 46.096 W on their way to St. Francis Bay on St. John. I 'Googled' the coordinates to view his position as he claimed, which appears to be about a mile off White Bay, Jost Van Dyke. This point is well within BVI territorial waters and if not within the 'Exclusion Zone', it was a 'rock's throw'. What were his intentions if he had not been intercepted? It is clearly not a route from St. Thomas to St. Francis Bay. Does the definition of 'innocent passage' mean free reign to sail in the territorial waters of a foreign country, or does it imply a necessary passage to travel from point 'A' to point 'B'?
Noel Hall "It is humbling indeed, to discover my own opinion is only correct less than 50% of the time." www.noelhall.com
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Re: BVI Impounding boats
[Re: JasonHelmbrecht]
#241513
12/04/2020 11:37 AM
12/04/2020 11:37 AM
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Joined: Apr 2002
Posts: 7,032 GA/NC
GeorgeC1
Traveler
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Traveler
Joined: Apr 2002
Posts: 7,032
GA/NC
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For the uninformed (me), can someone clarify innocent passage under UNCLOS regulations? Does it allow you to sail anywhere you like in another country's waters or does your route need to be appropriate for a required tack based on wind/sea conditions? Could they have gone on a slow cruise all the way around Tortola based on innocent passage? I would say a cruise around Tortola would not be acceptable. Here is a simple explanation. The United Nations Convention on the Law of the Sea (UNCLOS) enshrines the concept of innocent passage through a coastal state’s territorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. A vessel in innocent passage may traverse the coastal state’s territorial sea continuously and expeditiously, not stopping or anchoring except in force majeure situations.
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Re: BVI Impounding boats
[Re: CaptainJay]
#241514
12/04/2020 12:25 PM
12/04/2020 12:25 PM
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Joined: May 2006
Posts: 886 Louisville, KY
NoelHall
Traveler
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Traveler
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Posts: 886
Louisville, KY
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PASSAGE (common definition) - the act or process of moving through, under, over, or past something on the way from one place to another. 'Innocent Passage' per the subject UNCLOS definition - a traverse continuously and expeditiously. In looking at a map of the USVI and BVI, no way does a sail from St. Thomas to St. John necessarily include a traverse into BVI territorial waters. I have to make some assumptions here, but I'm thinking making a tack of 8 miles from Hawksnest Point to Jost Van Dyke and 8 miles back to St. Francis Bay, in order to cover the 4 miles between the two doesn't meet any definition of expeditious passage, and certainly not innocent. Apparently the 'life long sailor' and ten year resident of the USVI (his words) didn't see any problem with this itinerary.
Noel Hall "It is humbling indeed, to discover my own opinion is only correct less than 50% of the time." www.noelhall.com
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Re: BVI Impounding boats
[Re: NoelHall]
#241522
12/04/2020 01:18 PM
12/04/2020 01:18 PM
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Joined: Nov 2000
Posts: 3,359 Cane Garden Bay, Tortola
JasonHelmbrecht
Traveler
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Traveler
Joined: Nov 2000
Posts: 3,359
Cane Garden Bay, Tortola
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PASSAGE (common definition) - the act or process of moving through, under, over, or past something on the way from one place to another. 'Innocent Passage' per the subject UNCLOS definition - a traverse continuously and expeditiously. In looking at a map of the USVI and BVI, no way does a sail from St. Thomas to St. John necessarily include a traverse into BVI territorial waters. I have to make some assumptions here, but I'm thinking making a tack of 8 miles from Hawksnest Point to Jost Van Dyke and 8 miles back to St. Francis Bay, in order to cover the 4 miles between the two doesn't meet any definition of expeditious passage, and certainly not innocent. Apparently the 'life long sailor' and ten year resident of the USVI (his words) didn't see any problem with this itinerary.
I think it's also safe to assume he would have had to cross the exclusion zone to get to the position he was stopped. This seems problematic too...
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Re: BVI Impounding boats
[Re: CaptainJay]
#241523
12/04/2020 01:19 PM
12/04/2020 01:19 PM
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Joined: Dec 2004
Posts: 1,148 road town
sleepychef
Traveler
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Traveler
Joined: Dec 2004
Posts: 1,148
road town
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The exclsion zone was not set up to keep boaters out of BVI waters but to keep them in and monitored. The BVI territorial water boundries did not change vessels wanting to go directly to JVD needed permission to take that route or else where required to go round the back of Tortola.
Exclusion zone BVI boaters June till Dec 1st
Last edited by sleepychef; 12/04/2020 01:32 PM.
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Re: BVI Impounding boats
[Re: CaptainJay]
#241561
12/04/2020 05:08 PM
12/04/2020 05:08 PM
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Joined: Dec 2009
Posts: 97 South Central Texas
hocndoc
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Traveler
Joined: Dec 2009
Posts: 97
South Central Texas
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I'm afraid it's another example of BVIslanders biting their nose(s) off to spite their face (s). So many examples: business regs, routinely lost paperwork and remember the airport customs fusses years ago? Paradise roses aren't supposed to have thorns!
I've got a mustard seed and I'm not afraid to use it.
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Re: BVI Impounding boats
[Re: hocndoc]
#241574
12/04/2020 06:20 PM
12/04/2020 06:20 PM
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Joined: Apr 2002
Posts: 7,032 GA/NC
GeorgeC1
Traveler
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Traveler
Joined: Apr 2002
Posts: 7,032
GA/NC
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Re: BVI Impounding boats
[Re: GeorgeC1]
#241583
12/04/2020 08:20 PM
12/04/2020 08:20 PM
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Joined: Jul 2008
Posts: 3,003
sail445
Traveler
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Joined: Jul 2008
Posts: 3,003
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If the runway is extended the large jets coming in to land will have to approach the runway from West End and traverse the south shore of Tortola and north shores of Norman, Peter and Cooper islands to land. I’m sure the tourists who come to vacation will enjoy the sounds of jet engines while they’re sipping their Pina Coladas.
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