Anchoring but not checking in (if needed)

[Captain Scott]

I will be sailing from St Lucia to the USVIs in about a month and will have a green crew. We plan on stopping where we can, though that is always changing with Covid. It is possible that I will not be comfortable sailing through the night while passing by an island that is not allowing visitors or requiring tests with too short a lead time.
Drop late, weigh early, fly the Q flag, contact their coast guard (likely best with the French) &/or ???? Any experience on the subject with any of the Caribbean islands is appreciated.
Thanks!, Capt Scott

[JebLostInSpace]

Don't know this answer, just commenting to subscribe to the thread and listen to the sea lawyers inevitably argue

[Paul L]

If you fly the Q flag you are requesting Practique, ie you want to clear into the country. In normal times the Right of Innocent passage is usually enough to get away with anchoring for the night if it is in the normal course of your passage and due to a validvreadon, such as weather, tides, etc. In Covid season countries are excercising more strict control over entries into their waters and may come down on you for entering. This might be as little as asking you what you are doing, to fining you, to impounding the vessel.

[goboatingnow]

Anchoring is not regarded as innocent “ passage “ unless essentially it’s forced upon the ship by distress or to aid someone in distress

“Passage ’ includes traversing the territorial sea without entering internal waters, or proceeding to or from internal waters (Art. 18 (1) UN Convention on the Law of the Sea). Such passage shall be ‘continuous and expeditious’. Stopping or anchoring may only take place insofar as they are ‘incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress’ (Art. 18 (2) UN Convention on the Law of the Sea

“

Furthermore UNCLOS allows nations to regulate and even suspend temporarily the right of innocent passage under certain situations and this has been used under Covid by many nations

I would suggest you proceed with caution and perhaps enquire in advance as to the suitability of your proposed approach.

[Orion Jim]

I know a gent who was running low on fuel during a passage from the Virgins to New England. Tried to use the Right of Innocent Passage concept to forego clearing into Customs in Bermuda to purchase fuel. He was forcefully informed to clear in through Customs first, which he declined to do, since it would have cost him $70.00 at the time, and left the island without stopping. Claimed he would file a complaint with the State Department upon his return to the States. To paraphrase the State Department’s reply….when in Rome, do as the Roman’s do…….

[HeywoodJ]

For the USVI in particular:

Upon arrival in any port or place within the U.S., including, the U.S. Virgin Islands, any vessel from a foreign port or place, any foreign vessel from a port or place within the U.S., or any vessel of the U.S. carrying foreign merchandise for which entry has not been made, the master of the vessel must immediately report that arrival to the nearest CBP facility. The CBP officer may require the production of any documents or papers deemed necessary for the proper inspection/examination of the vessel, cargo, passenger, or crew......

If your boat has anchored or tied up, you are considered to have entered the United States. ....
source

[JPA Cate]

Originally Posted by Captain Scott

I will be sailing from St Lucia to the USVIs in about a month and will have a green crew. We plan on stopping where we can, though that is always changing with Covid. It is possible that I will not be comfortable sailing through the night while passing by an island that is not allowing visitors or requiring tests with too short a lead time.
Drop late, weigh early, fly the Q flag, contact their coast guard (likely best with the French) &/or ???? Any experience on the subject with any of the Caribbean islands is appreciated.
Thanks!, Capt Scott

Just not being comfortable will not exempt you from their rules. Plan the travel differently, or add an experienced crew.

In case of a genuine emergency, hazard of life or the boat, contact their Customs and request permission to anchor to repair the boat -- which may or may not be given, but assuming they do. Tell them you will not go ashore (and don't), fly the "Q" flag, and leave your AIS on so they can check the position. Most countries are quite generous for a real emergency. They may even send someone to help. But you gotta be up front and honest.

As was pointed out above, try sneaking around, and you may forfeit the boat and could wind up with jail time, as well.

Ann

[jamhass]

Check with the authorities before you leave. Contact info likely on Noonsite. At least you will know what the rules are and what your real risks might be.

[Discovery 15797]

HERE IS THE RULE...

If you drop your hook you have officially entered the country and are no longer considered "innocent passage" through the country.

If you get caught, you could be immediately expelled, fined, or confined (esp. if it is a country with strict no-entry rules).

If your vessel is in danger or crew extremely ill then you can declare force majeure and request emergency clearance.

This past year here in the Pacific a few googans dropped their hooks or anchored in bays without clearing in. In 1 case a US vessel anchored at an uninhabited atoll in the Marshall Islands. He was discovered by a patrol and was instructed to leave Marshall waters immediately and not allowed to make a call at Majuro despite declaring having engine difficulties. In another case, 2 boats made a stop in Solomons in a bay about 30 miles from the entry port. Neither contacted the authorities. Locals contacted authorities and the folks on both boats were arrested and their boats were impounded. Cases still pending.

BTW...you only fly the Q flag if you are requesting pratique (formal entry into the country). You don't fly the Q flag during 'innocent passage' through the waters of a country, or "conveniently forgot" to check-in at the port of entry.

I do seem to recall a thread regarding one or two islands in the Caribbean earlier during the pandemic that even refused to honor 'innocent passage.'

Learn and follow the rules...it makes life better for those that follow in your wake.

[Discovery 15797]

Originally Posted by Orion Jim

I know a gent who was running low on fuel during a passage from the Virgins to New England. Tried to use the Right of Innocent Passage concept to forego clearing into Customs in Bermuda to purchase fuel. He was forcefully informed to clear in through Customs first, which he declined to do, since it would have cost him $70.00 at the time, and left the island without stopping. Claimed he would file a complaint with the State Department upon his return to the States. To paraphrase the State Department’s reply….when in Rome, do as the Roman’s do…….

The right of innocent passage doesn't allow a vessel to stop for fuel.

The right of innocent passage only allows vessels to traverse through the territorial waters of a nation state without having to clear through customs.

I suspect the State Departments reply was really, "Don't be a jackass, and learn the damn rules before getting in your boat again."

[Paul L]

Originally Posted by gob[B

oatingnow;3520444]Anchoring is not regarded as innocent “ passage “ unless essentially it’s forced upon the ship by distress or to aid someone in distress[/B]

“Passage ’ includes traversing the territorial sea without entering internal waters, or proceeding to or from internal waters (Art. 18 (1) UN Convention on the Law of the Sea). Such passage shall be ‘continuous and expeditious’. Stopping or anchoring may only take place insofar as they are ‘incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress’ (Art. 18 (2) UN Convention on the Law of the Sea

“

Furthermore UNCLOS allows nations to regulate and even suspend temporarily the right of innocent passage under certain situations and this has been used under Covid by many nations

I would suggest you proceed with caution and perhaps enquire in advance as to the suitability of your proposed approach.

Anchoring is a little more flexible than what you state. If you were getting ready to pass through a strait and you anchored to wait for the tide to change, or if you were in an engineless sailboat and there was no wind etc, would all probably be technically OK and be considered in the normal course of navigation. In practice it all depends on the enforcers and their level of suspicion.

[Na Mara]

Honest question here but does being heaved to, or lying to a sea anchor count as being on innocent passage?

[Discovery 15797]

Originally Posted by Na Mara

Honest question here but does being heaved to, or lying to a sea anchor count as being on innocent passage?

Yes, because you are not anchored and still 'making way.'

The real question becomes what do you do in case you are hove to, or lying to sea anchor and run out of sea room? In which case the proper thing is to contact the nation's port authority/rescue and declare an emergency.

[Discovery 15797]

Originally Posted by Paul L

Anchoring is a little more flexible than what you state. If you were getting ready to pass through a strait and you anchored to wait for the tide to change, or if you were in an engineless sailboat and there was no wind etc, would all probably be technically OK and be considered in the normal course of navigation. In practice it all depends on the enforcers and their level of suspicion.

I agree that in the case of navigation through a pass, dropping to hook to facilitate safe passage would be a potential exception. But, I can't think of a situation internationally where that would be the case other than the northern passage.

But I respectfully disagree with the engineless sailboat scenario. An engineless sailboat has no 'right of innocent passage' to drop a hook and wait for wind unless it was in danger of running aground, in which case the ship's master would properly contact the nation's port authorities and declare an emergency situation (who could then in turn dispatch a boat and tow the engineless sailboat back out to sea).

Of course, sailing around the Salish Sea between US and Canada has exceptions mostly because most people are clueless when it comes to the rules, and the enforcement tends to be rather lax. Try dropping a hook on a windless day on an atoll in Micronesia or Solomon Islands! You learn the rules really quick and the lessons won't be pleasant or cheap!

[Na Mara]

Originally Posted by Discovery 15797

Yes, because you are not anchored and still 'making way.'

Then isn’t heaving to or sea anchoringing a very easy solution for those wanting to rest up on passage without falling foul of local authorities (assuming weather and terrain permit)