A new
Statutory Instrument (SI), signed by Minister of Tourism, Hon. Mark Espat last
week, is designed to improve service and safety for passengers of water vessels
in Belize. Being drafted for the past several years, the work on these
regulations was recently intensified, partly due to the increase in the cruise
ship visits and the recent news that there are more ships on the horizon.
While safety regulations are currently in place, with the
significant rise in tourists to Belize, it was deemed necessary to review
standards set. According to Director of Product Development, Anthony Mahler of
the Belize Tourism Board (BTB), "no monitoring was previously in place for these
vessels and the time has come, with the growth of the industry, to begin
implementing new standards." The Belize Tourism Board (Local Water Passenger and
Watersports Vessels) Regulations, 2000 will establish a regulatory committee of
members directly involved in the business to perform this task. Quoting the SI,
the committee will consist of nine representatives, namely, three from the Local
Water Taxi Association; two nominated by the Board; one from BTIA; one from the
local Tour Operators Association; one nominated by the Minister, in his own
discretion from suitably qualified persons with adequate knowledge of the
tourism industry; and one from the Belize Port Authority. Their functions will
include a) receiving, considering and determining applications for licenses
under these regulations, b) providing advisory information and other related
service to license holders, c) assisting license holders in any matters
affecting the discharge of their functions, d) performing any other functions to
better carry out the objectives and purposes of these regulations including, but
not limited to, defining policy guidelines for the operation of local water
passenger vessels and local watersports vessels, e) setting and revising, on a
continuous basis, the licensing criteria for operators and f) developing rules
and regulations for the training of operators and other similar
activities. In the SI, local water passenger
vessels means cruise tenders, shuttles, sail boats, water taxis, pontoon boats,
party boats, tour boats and skiffs which are used by local water passenger
vessel providers for cruising purposes within the territorial waters of Belize,
who receive payment of any fee or some other form of reward by a passenger.
Local watersports vessels are defined as any vessel used by local watersports
vessel providers to provide watersports services to the public, who receive
payment of a fee or some other form of reward and includes vessels used for
board sailing, parasailing, scuba diving, canoeing, rafting, sunfish sailing,
paddle boating, water skiing, kayaking, jet skiing and aqua
biking. Qualifications to be licensed as an operator
include being a) a Belizean citizen or permanent resident of Belize with the
business of tourism defined as his principal occupation on his permanent
residency permit and who has resided in the country for at least five years; or
b) an entity which is controlled by a majority of Belizeans or permanent
residents of Belize, or a company whose majority shareholding is owned by
Belizean citizens or permanent residents. Those qualified may, subject to
provisions, apply to the committee for a license to be an operator of a local
water passenger vessel or a local watersports vessel. Applicants must be 18
years of age and have one year boating experience, not be convicted of an
offence involving dishonesty or any other serious offence for the past three
years, and pay a non-refundable application fee of $25. The following requirements apply as well. New owners must have a) proof of ownership of the
vessel, b) a Belize Port Authority valid certificate of seaworthiness and safety
license (captain must be licensed as well by the same) and c) a valid copy of
liability insurance. Companies must include a copy of their memorandum and
articles of association, and certificate of registration. Also professional
details of persons employed or to be employed by the applicant (if any), and the
number of Belizean citizens and permanent residents so employed. Existing owners, who have been operating for at least
one year before regulations (who do not meet the criteria above), may obtain a
license provided they meet all the other licensing criteria specified and submit
to the committee a) proof of continuous local water passenger or watersports
vessel operation in Belize for at least the previous one year in the form of
receipts, evidence of income tax and business tax returns or previous trade
license or any other evidence of a similar nature, b) proof that they are
competent to conduct the business of local water passenger or watersports vessel
operations and c) any other requirements which the committee stipulates as
condition precedent to the issuance of the license. Foreign
operators may only operate in the territorial waters of Belize
under special licenses granted by the committee with approval of the Minister
after consultation with persons in the area where the operator will operate.
Licenses are annual, expire one calendar year after date
of issue and will be issued upon payment. In Schedule Three of the SI it states
fees for licenses. Reportedly, owners/operators are charged a single license fee for their business, per type of vessel as follows: shuttle - $200,
sailboats - $100, water taxis - $200, pontoon - $100, party boats - $150,
tour boats - $150, skiffs - $150, dive shop operators - $300, and cruise ship
tenders - $300. Watersports providers operating kayaks, paddle boats, canoes,
rafts, wind surfers, jet skis, wave runners, tubes, etc. will be charged
$200. License holders will be required to
display a valid license sticker in a conspicuous place on their vessel and
produce the license to authorities within 24 hours of demand. If a license is
lost, destroyed or mutilated, at least three months before the date of
expiration, a $25 fee for reissuing the license will be charged.
Safety and service regulations, and more specific
definitions of this legislation will be determined by the, as yet, unnamed
regulatory committee at their meeting to be held in the near future.
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