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Enforcement critical to new watersports laws

By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

AN Exuma watersports operator yesterday urged the government to ensure tighter regulations on the sector are properly enforced with business “rebounding” after last year’s fatal tragedy.

Rebecca Lightbourne, of Exuma Watersports, a family owned and operated business since 1935, said she “absolutely” welcomed the legislation debated by the House of Assembly, and revealed that the sector was on the road to recovery following last year’s explosion and fire on board a Four C’s vessel that resulted in the death of an American tourist and injured ten others.

“I would say things have definitely rebounded back for us,” she added. “Our numbers year-over-year are definitely increasing. I would say that there is still the occasional mix-up, but it no longer seems to be on the forefront of anyone’s minds. There haven’t been people asking any safety questions or anything like that. It seems like it’s out of print, out of mind right now. Things seems to be definitely getting back to normal.”

The government had pledged a regulatory crackdown on the boating and water excursions sector following the Four C’s incident. Renward Wells, minister of transport and local government, during his contribution to the debate on the Commercial Recreational Watercraft (Amendment) Bill and Water Skiing and Motor Boat Control (Amendment) Bill said had been a number of major marine incidents in recent years.

This had not escaped the attention of the US, which issued a travel advisory earlier this year saying: “Activities involving commercial recreational watercraft, including water tours, are not consistently regulated.”

The two Bills debated yesterday were brought to the House by Mr Wells predecessor as transport minister, Frankie Campbell, last July. “In addition it should be noted that near-identical legislative prescriptions were first laid here in December 2016 by the Member for Englerston, the former minister of transport [Glenys Hanna Martin],” Mr Wells said yesterday.

“I surmise, however, that having been laid just five months shy of general elections, time and the will of the people overtook their conclusion. Together, these instruments will modernise domestic maritime legislation, introduce safety provisions regarding the use of crafts on the sea, enhance the registration of crafts by making the process more efficient and effective, and introduce new offences to criminalise certain undesirable activities in the sector.”

Mr Wells added: “It is perceived by some that the watersports industry is ‘lawless’. We will not allow this perception to persist; hence these amendments.”

Ms Lightbourne told Tribune Business: “I have seen the proposed amendments and changes, and have absolutely no problem with the proposed amendments and changes. I think that the issue comes down to enforcement, and as long as the Port Department is severely underfunded then nothing will actually change.

“Exuma has so many boats and boat companies, and it is such a major part of the economy here, that the Port Department deserves all the tools they need to do their job.”

Another watersports operator, who did not wish to be identified, told Tribune Business: “I think it’s good that the government is getting serious and tightening up the regulations for this type of business.

“When we’re dealing with high volumes of foreign visitors annually we have to ensure that their are proper standards and regulations, and that they are adhered to. Our reputation as a country is on the line”.

Mr Wells, addressing the Commercial Recreational Watercraft (Amendment) Bill, said the existing version - passed in 2006 - makes provision for the regulation, control and administration of all commercial recreational watersports in The Bahamas, and for the registration and control of any watercraft and the licensing of watercraft operators.

“Since its enactment, though, the Act has proven insufficient to provide for policing industry innovations, which includes new maritime crafts such as submersible craft, wing-in-ground (WIG) craft, as well as novelty craft. Clause 2 of the Bill seeks to repeal and replace, to amend and to introduce certain definitions to embrace these new innovations in the marine industry,” said Mr Wells.

“Clauses three and four of the Bill make provision for the registration of crafts and licensing of all operators, and require mandatory information on applicants to include their electronic contacts, which is necessary for effective communication in the modern era with watercraft operators and all persons concerned in the industry.”

Mr Wells said the reforms will also address cases where individuals build and operate watercraft without submitting a detailed engineering plan for that boat. He added that The Water Skiing and Motor Boat Control (Amendment) Bill will help beef-up enforcement and ensure proper regulation of the maritime industry. He said that among the amendments are the ability for safety inspectors to inspect a motor boat or any of its machinery or equipment for structural integrity or compliance with the Act.

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