Commercial Recreational Watercraft Regulations


Published: 2006-09-15

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COMMERCIAL RECREATIONAL WATERCRAFT
COMMERCIAL RECREATIONAL WATERCRAFT [CH.278A – 5





LRO 1/2008 STATUTE LAW OF THE BAHAMAS

CHAPTER 278A

COMMERCIAL RECREATIONAL WATERCRAFT

COMMERCIAL RECREATIONAL WATERCRAFT
REGULATIONS

[Commencement 15th September, 2006]

PART I - PRELIMINARY

1. These Regulations may be cited as the
Commercial Recreational Watercraft Regulations.

2. In these Regulations, unless the context otherwise
requires —

“Authority” means the Port Controller or the port
authority defined in the Port Authorities Act;

“craft” means a commercial recreational watercraft
including banana boats, parasail operations and
any such craft.

PART II - APPLICATION FOR LICENCE, ETC,
TRAINING, INSPECTION AND CERTIFICATION

3. (1) Every person desirous of operating a craft for
hire shall apply to the Authority and shall furnish all
relevant particulars and make any relevant declarations
specified in Form I of the Third Schedule to these
Regulations. The application shall be accompanied with —

(a) a current police record;
(b) if the owner is a company, information on

beneficial ownership;
(c) copy of current business licence;
(d) certificate of completion of required training, e.g.

safety and boat handling, Bahama Host, Sales
Marketing and Royal Treatment (SMART);

(e) medical certificate; and
(f) proof of legal status (or work permit).

S.I. 58/2006

Citation.

Interpretation.

Ch. 269.

Application for
licence and
registration of
craft.
Form I Third
Schedule.

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STATUTE LAW OF THE BAHAMAS LRO 1/2008

(2) Every person who owns a craft shall apply for
registration of that craft to the Authority and shall furnish
all relevant particulars and make any relevant declarations
specified in Form II of the Third Schedule to these
Regulations. The application shall be accompanied with —

(a) a certificate of safety inspection from the Port
Department;

(b) copies of licences of all operators who are
permitted to use the craft; and

(c) the bill of sale for new craft or proof from The
Bahamas Customs Department providing
verification of importation if purchased outside of
The Bahamas.

(3) Any person giving false information under this
regulation shall be liable on summary conviction to a
penalty not exceeding five thousand dollars or
imprisonment for a term not exceeding two years or both.

4. (1) Every craft before being registered under
these Regulations shall, together with the machinery, gear
fixtures or equipment, used therewith, be submitted for
inspection by the authority, and the authority shall decide
whether the craft is fit and proper to be registered and after
registration an inspection shall take place annually.

(2) Where any alteration affecting the terms of the
licence, or the safety of the craft is made to the craft or to
any machinery, gear, fixtures or equipment thereof the
owner of that craft shall, within fourteen days of the
making of such alteration submit it for inspection by the
authority.

(3) Subject to the satisfactory inspection and
registration of the craft, the owner shall affix or paint the
registration number assigned by the Authority on the craft
in such dimensions as prescribed.

5. (1) An owner or operator of a craft popularly
known as “jet ski” shall, before he rents out the craft to a
person, provide to that a person an orientation training for
fifteen minutes on the use of the craft. The check list in the
First Schedule shall form part of the orientation training
and the renter shall append his initials to every paragraph
of the check list to signify his acknowledgment.

Form II Third
Schedule.

Inspection of
craft.

Orientation
training on use of
craft.


First Schedule.

COMMERCIAL RECREATIONAL WATERCRAFT [CH.278A – 7





LRO 1/2008 STATUTE LAW OF THE BAHAMAS

(2) The orientation training referred to in sub-
regulation (1) shall include training in the operation of the
craft and safety procedures.

(3) An owner or operator who contravenes or fails to
comply with this regulation shall be guilty of an offence
and shall be liable on summary conviction to a penalty not
exceeding five thousand dollars or to imprisonment for a
term not exceeding two years or both.

6. An Authority shall not register or issue a licence
to an operator of a craft unless the operator is certified by
the authority or a body recognized by the authority as
having successfully completed basic training in —

(a) rescue procedures;
(b) rules of the road;
(c) security;
(d) First Aid;
(e) customer service;
(f) swimming competency;
(g) vessel maintenance;
(h) any other training as the authority may specify

from time to time;
(i) use of personal floatation device;
(j) geographical boundaries of operation including

access points;
(k) location and content of warning labels;
(l) noise and nuisance avoidance;
(m) environmental concerns; and
(n) re-boarding of craft in the event of accidental fall

off.

7. In the interest of safety —
(a) all operators shall provide each person operating

or riding a craft with an approved personal
floatation device;

(b) a craft shall not be operated from sunset to
sunrise;

Training and
certification.

Safety.

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STATUTE LAW OF THE BAHAMAS LRO 1/2008

(c) a craft shall not be operated in weather and sea
conditions which may prove hazardous and as
determined by the Port Department;

(d) a craft shall maintain a distance of 100 feet from
any divers-down flag, and 200 feet offshore, only
approaching the shore in a designated staging
area;

(e) embarkation and disembarkation from any craft
shall occur only in an area designated by the Port
Controller;

(f) in the event of an accident any person operating a
vessel involved in a boating accident shall make
every reasonable effort to provide aid to the
involved persons and report the accident to the
proper authorities; and

(g) every operator shall render aid, whenever
possible to persons in distress at sea.

PART III - CODE OF CONDUCT AND ETHICS OF
CRAFT OPERATOR

8. There shall be observed the following code of
conduct and ethics —

(a) all operators shall wear a shirt bearing the
licensed company’s or association official name
and logo. All operators must wear the shirt at all
times;

(b) all operators shall carry identification cards
issued by the Port Department, which are subject
to annual renewal;

(c) operators at all times must visibly wear a valid
identification badge issued by the Port
Department;

(d) all craft must be accompanied by the official
licensed operator (on the certificate of
registration) or the owner. No substitutes shall be
permitted on the beach;

(e) there shall be no use of profanity or unruly
behavior by operators;

(f) there shall be no harassment of tourists;
(g) there shall be no fighting while on duty;

Code and ethics.

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LRO 1/2008 STATUTE LAW OF THE BAHAMAS

(h) no weapons are to be carried; and
(i) every person operating a craft shall observe a

code of ethics, namely —
(i) respect the rights of all users of recreational

waterways, both on public waters and
adjacent property;

(ii) to be considerate of other users at the launch
ramps and docks;

(iii) follow the navigational rules of the road
around all other craft or vessels, including
regulations prohibiting wake jumping;

(iv) to give all anchored or drifting vessels
adequate room;

(v) to be especially aware of swimmers, divers
and other craft, when approaching shore;

(vi) not to disturb wildlife and to avoid areas for
the protection of wildlife;

(vii) not to litter the shore, nor be careless with
the use and disposal of fuel or oil; and

(viii)to volunteer assistance in case of emergency;
(j) all operators must remain in the assigned areas,

and are not permitted to wander about the hotel
property and amongst the guests;

(k) all craft must be accompanied by a valid
certificate of registration (hard card);

(l) all craft must be accompanied by the official
operator (on the certificate of
registration/hardcopy) or the owner. No
substitutes and no loafers will be permitted on the
beach;

(m) all operators will adhere to a rotation system as
established by the Port Controller;

(n) all craft must leave the beach area, once the
rotation has closed for the day or is closed by a
Port Officer;

(o) craft shall not be rented prior to 9:00 a.m. and
shall not arrive at the hotel property prior to 8:00
a.m.;

CH.278A – 10] COMMERCIAL RECREATIONAL WATERCRAFT






STATUTE LAW OF THE BAHAMAS LRO 1/2008

(p) no craft shall be rented if the craft is not
physically at the designated location on the
beach;

(q) rental rates shall be posted and adhered to in all
cases. There shall be no undercutting of
established rates; and

(r) an official clock shall be available and visible at
all times to eliminate disputes, which may arise
concerning the length of rental time.

PART IV - SUPPLEMENTAL

9. The following procedures and rules shall be
observed in respect of parasailing operations, namely —

(a) prior to the operator of a parasailing vessel
commencing operations on any day, the operator
shall make a thorough inspection of all
parasailing equipment to be used to ensure the
equipment is in safe operation. Equipment
includes, but is not limited to, ropes, harnesses,
webbing, clips, shrouds, canopies, winch controls
and the vessels;

(b) the operator shall not use or allow the use of
parasailing equipment that the operator knows is
unsafe;

(c) the operator shall keep a written record of each
daily inspection, which must provide the
following —
(i) the date of inspection;
(ii) the name of the person who conducted the

inspection; and
(iii) confirmation that the equipment was found

to be safe, or otherwise i.e. unsafe;
(iv) confirmation that the equipment found or

suspected to be unsafe;
(v) the reason for the equipment being unsafe.

(d) the operator of a parasailing vessel shall ensure
that all equipment utilized for parasailing is fitted,
maintained and used in accordance with any
instructions provided with the equipment by the
manufacturer;

Supplemental:
parasailing.

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LRO 1/2008 STATUTE LAW OF THE BAHAMAS

(e) the operator of a parasailing vessel shall ensure
that each item of equipment used for parasailing
(inclusive of winch) is thoroughly inspected twice
annually by the manufacturer of the equipment or
the manufacturer’s authorized agent to determine
if the equipment is still safe to use. Evidence of
each inspection is to be submitted to the Port
Department;

(f) the operator of a parasailing vessel shall ensure
that a written record of the inspection in
subparagraph (e) includes the following
information —
(i) the date of the inspection;
(ii) the name of the manufacturer or authorized

agent who conducted the inspection;
(iii) any deficiencies found in the equipment;
(iv) any corrective action for that equipment; and
(v) the serial number of the defective equipment;

(g) the written record referred to in this paragraph
shall be kept for the life of the equipment;

(h) the operator shall test the winch through its full
range of operation prior to commencing
parasailing each day;

(i) the winch rope used for parasailing purposes shall
have a minimum breaking strain of 4800 pounds;

(j) the length of the rope used shall not exceed the
maximum length specified by the harness’s
manufacturer;

(k) the rope used in parasailing must be replaced
after one year, provided that the rope is not frayed
or damaged and that 6 inches is cut off at the
earlier of —
(i) two (2) weeks after its first use; or
(ii) the completion of 400 parasail flights;

(l) the owner of a parasailing vessel shall ensure that
only a person with 500 parasail flights as a
parasailing deckhand, or 100 parasail flights in
control of the vessel (under supervision), using
different chute sizes and under diversified

CH.278A – 12] COMMERCIAL RECREATIONAL WATERCRAFT






STATUTE LAW OF THE BAHAMAS LRO 1/2008

weather conditions, shall act as master of the
parasailing vessel;

(m) the operator of a parasailing vessel shall ensure
that all persons involved in conducting the
parasailing are adequately trained and
experienced for the duties the person performs in
conducting the parasailing;

(n) the owner shall keep a written record of the
relevant qualifications, training and experience of
each person involved in conducting the
parasailing;

(o) the owner shall ensure that a person holding a
“B” Class Master License is onboard the parasail
vessel to act as a lookout and monitor the
operation whilst conducting parasailing activities;

(p) the operator shall ensure that no person under the
age of 18 years is permitted to parasail without
the written consent of their parent or guardian;
and that any person under the age of 12 years
must be accompanied by an adult on the parasail;

(q) the operator shall ensure that all persons whilst
parasailing wear a personal floatation device
approved by the Port Department;

(r) whilst conducting parasailing activities, the
operator of a parasailing vessel shall ensure that
the tow line and the person parasailing maintain a
minimum distance of —
(i) 200 ft. from a helicopter, sea plane or other

aircraft that is airborne;
(ii) 200 ft. from another parasailing vessel

conducting parasailing;
(iii) 100 ft. from another ship, whether underway,

moored or at anchor;
(iv) 100 ft. from a power-line, wharf, jetty or

other fixed structure;
(v) 100 ft. of a navigational hazard; or
(vi) 200 ft. outside of the swim-line;

(s) the operator of a parasailing vessel must not
commence parasailing unless the operator

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LRO 1/2008 STATUTE LAW OF THE BAHAMAS

reasonably believes the distance mentioned in
paragraph 9(r) can be maintained;

(t) the operator of a parasailing vessel shall
immediately cease parasailing operations if the
operator believes the distances mentioned in
paragraph 9(r) cannot be maintained;

(u) the operator of a parasailing shall not commence
parasailing until the operator reasonably believes
the distances mentioned in paragraph 9(r) can be
maintained;

(v) the operator of a parasailing vessel shall ensure
that the wind speed and direction is monitored
and taken into account each day and each time
whilst conducting the parasailing operation; and

(w) notwithstanding the provisions detailed in
paragraph 9(r) the Port Controller is to be
satisfied that the weather conditions are favorable
prior to the commencement of parasailing
operations, and once the weather deteriorates is to
suspend the same.

10. The following procedures and rules shall be
observed in respect of banana boat operations, namely —

(a) operators must be certified to operate a banana
boat, in addition to licence requirement;

(b) a look-out must be provided who must complete
specified training as established by the Authority;

(c) equipment must be maintained in accordance
with manufacturer’s instructions and the Port
Department’s requirements;

(d) personal floatation devices are necessary for all
passengers on power boats and banana boats;

(e) the Authority shall set operational areas for
banana boat operations; and

(f) the boat towing the banana must not proceed at a
speed greater than 10 knots.

PART V - MISCELLANEOUS

11. In order to be registered under these Regulations,
a policy of insurance shall be obtained by the owner or
operator of a craft.

Supplemental:
banana boat
operations.

Insurance

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STATUTE LAW OF THE BAHAMAS LRO 1/2008

12. The fees set forth in the Second Schedule to these
Regulations shall be in force as the fees payable under
these Regulations in respect of the matters mentioned in
the said Schedule.

13.(1) With respect to New Providence, Watersports
activities shall be conducted only in those areas as
prescribed by the Port Controller.

(2) The Watersport zoning in the Family Islands
within which a craft may operate shall be determined by
the New Providence Port Authority after consultation with
the appropriate local authority.

Fees.
Second
Schedule.

Zoning.

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LRO 1/2008 STATUTE LAW OF THE BAHAMAS

FIRST SCHEDULE

(Regulation 5)

Orientation check list for “jet ski” renters

1. I have been shown the operation of all gears of
the equipment

2. I have been advised of the area of operation and
the restricted area and shown the Hard Card of those areas.

3. I have been advised of the law against the
reckless operation of the equipment.

4. I confirm that I am not under the influence of
alcohol or drugs.

5. I confirm that the identification (ID) indicating
that I am 18 years old is correct.

6. I have been supplied with a life jacket and
advised to wear it at all times while I am operating the
equipment.

7. I acknowledge that a maximum of two (2)
persons shall ride the equipment.

8. I confirm that I have been advised about the
maximum speed allowed during departure from and arrival
at the beach.

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STATUTE LAW OF THE BAHAMAS LRO 1/2008

SECOND SCHEDULE

(Regulation 12)

Fees
A. Boats under 15 Feet in Length $30.00
B. Boats 15 Feet in Length $50.00
C. Boats under 25 Feet or over and under 50

Feet in Length
$100.00

D. Boats 50 Feet or over and under 100 Feet
in Length

$200.00

E. Boats 100 Feet or over in Length $400.00
F. Transfer of Registration Certificate $10.00
G. Duplicate Certificate $10.00
INSPECTION FEES
A. Boats under 15 Feet in Length $20.00
B. Boats 15 Feet or over and under 25 Feet

in Length
$30.00

C. Boats 25 Feet or over and under 50 ft $40.00
D. Boats 50 Feet in Length and under 100 ft $60.00
E. Boats 100 Feet or over in Length $80.00
OPERATOR'S LICENCE FEES
A. Annual Licence Fee
A Class $50.00
B Class $30.00
B. Duplicate Licence Fee $10.00
C. Examination Fee $30.00



COMMERCIAL RECREATIONAL WATERCRAFT [CH.278A – 17





LRO 1/2008 STATUTE LAW OF THE BAHAMAS

THIRD SCHEDULE

(regulation 3)

FORM I

APPLICATION FOR LICENCE BY OPERATOR UNDER
THE COMMERCIAL RECREATIONAL WATERCRAFT

ACT, (Ch. 278A)

1. Full name of Applicant
2. Age of Applicant
3. Postal address or usual

residence of Applicant


4. Nationality of Applicant
5. Class of registration
No. of crafts for which

Applicant desires to be
licensed.



6. Particulars of any licence
which the Applicant holds or
which he has previously held.



7. Nationality of Applicant
8. Whether Applicant has ever —

(a) been refused licence, or
(b) had licence cancelled.



I certify the Applicant ........................................ to be
a competent operator and a fit and proper person to have a
licence.
Date :
Chairman (other Designation)

..................................Port Authority
Note : The maximum penalty for making a Declaration
which is to the knowledge of the declarant false or in any
material respect misleading shall not exceed five thousand
dollars.



CH.278A – 18] COMMERCIAL RECREATIONAL WATERCRAFT






STATUTE LAW OF THE BAHAMAS LRO 1/2008

FORM II

APPLICATION FOR REGISTRATION OF CRAFT BY
OWNER UNDER THE COMMERCIAL RECREATIONAL

WATERCRAFT ACT, (Ch. 278A)

1. Name of Craft
2. Craft's Length
3. Description of Craft
4. Class of registration applied for
5. Name (s) and address (es) of owner (s)
6. Age (s) of Owner (s)
7. Nationality of owner (s)
8. Name and address of Operator
9. Name (s) and address of crew
10. Type and number of fire extinguishers fitted
11. Life saving equipment carried
12. Number of passengers to be carried
13. Make and Horse Power of Engines
14. List auxiliary machinery (if applicable)
15. Is radio receiver and transmitter in good working
condition ?
Signature of Owner
Inspected and passed by
Dated
Note : The maximum penalty for making a declaration which is to the
knowledge of the declarant false or in any material respect misleading
shall not exceed five thousand dollars.

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