Originally Posted by NoelHall
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...


JasonHelmbrecht
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