Caribbean Cruising Question

[Roniszoro]

When cruising the Caribbean, can one drop anchor for the night at an island without clearing in if one leaves in the morning? For example: if one wants to sail form Antigua to Dominica, could one day sail to the east side of Guadeloupe, anchor for the night, and then proceed to Dominica the next morning without clearing in to Guadeloupe? Does it vary by island nation?

Thank you for your response(s).

[henryk]

Why would you clear in if you have no intentions of going ashore. From Antigua to eastern shore of Guadeloupe might be a hard motor sail . Been cruising eastern Caribbean for 15 years and we do it often

[mvweebles]

In effect, you are asking about "Right of Innocent Passage;" passage through foreign waters. A decent description of the rights and obligations is below. NOTE - not sure I'd expect all local officials to share the same interpretation. I met a French flagged sailbot a couple months ago in Mexico who stopped due to storm conditions - his first encounter with Mexico Customs insisted he check-in and obtain a TIP - doing so meant an expensive taxi ride and a couple days of hassle. When he went for the TIP, the customs official he met there said he didn't need to check-in due to Right of Innocent Passage.

https://sites.tufts.edu/lawofthesea/...ding%20to%20or

[Roniszoro]

I'm just asking as to the various island's regulations. As to the trip to Guadeloupe, I'd be leaving Jolly Harbour, Antigua and sailing south to the western shore of Guadeloupe.

[psk125]

Many threads here about recent problems trying to do what you outlined. Covid seems to have stiffened up a lot of the rules and their enforcement. Research the threads, but some have been fined, others have had their boat siezed, IIRC. Innocent Passage generally involves not stopping.

[dougweibel]

We just returned from two years in the eastern Caribbean. I am not an expert on maritime law. I can only give you my observations and hopefully a practical perspective.

1 - Guadeloupe and Martinique: Although the French islands have the largest and best funded coast guard and marine enforcement agencies they also have the most lax customs and immigration procedures. You basically check yourself in and out on a computer and rarely interact with a government employee in the process. For a single night at either of these islands I would definitely hoist a Q flag, not check in or out, and then drop the Q flag and depart fairly early the next morning.

2 - Dominica. From what I have seen they only have two boats doing enforcement for the island. If you anchor at either Portsmouth or Rosseau, where the vast majority of cruising boats are anchored, you are likely to draw any attention even if the authorities happen by. Checking in often takes a half day here so having a Q flag up for a while is pretty normal. I would be comfortable not checking in for a single night. I would not anchor at Mero or some other little frequented spot as I think you would be more likely to draw attention.

3 - St. Lucia. I have "Q flagged" through twice anchoring in Rodney bay. I'd say it is somewhat similar to Dominica. Just anchor where you will blend in.

4 - The Grenadines (St. Vincent). The authorities were making a lot of noise about tightening up on their enforcement and procedures this past year. I feel like that was mostly talk and probably no action, but maybe not.

Just my opinions for what they are worth.

[SailingHarmonie]

This question comes up often. The legal answer is NO: You can not anchor in the waters of a country without clearing in. You must go to directly a port of entry and clear in before anything else.

People who think hoisting a "Q" flag is some kind of magic "get out of jail free card" do not understand what a "Q" flag actually means: "I request pratique (clearance)." Showing a Q flag remote from a port of entry is meaningless, and just shows ignorance. It is actually more likely to attract the attention of any enforcement authorities rather than the opposite.

Notice that many of the answers here are how to do this without getting caught. If you want to be part of that crowd, then nothing I can say will stop you. Most cruisiers make best effort they can to follow the rules, and that way they can avoid worrying about how not to get caught.

If you do cheat the rules will you get caught? Almost surely not. Almost. In the Bahamas we have been stopped twice (in almost 10 years) for checks of our paperwork. What would have happened if we did not have proper visas and cruising permits? I have no idea, because we always have them.

People skipping the rules just make things more difficult for people following in their wake. Honestly, if you are not able to make an overnight passage without stopping, maybe you should stick to sailing in more sheltered waters.

Different countries naturally have different levels of interest and enforcement in this area. One that is especially fussy about holding cruisers to the "port of entry FIRST" is Canada. If they notice by AIS (yes, they check) or other means that you have spent the previous night in Canada before clearing in you will, at best, get a stern lecture. I suspect if it was more than one night, or you copped an attitude about being called out on it, things might get... less pleasant. Try your "innocent passage" arguement on them. Let me know how it goes. Someday, the island nations will figure this out, and mine a new revenue source.

[mvweebles]

Originally Posted by SailingHarmonie

This question comes up often. The legal answer is NO: You can not anchor in the waters of a country without clearing in. You must go to directly a port of entry and clear in before anything else. ........I suspect if it was more than one night, or you copped an attitude about being called out on it, things might get... less pleasant. Try your "innocent passage" arguement on them. Let me know how it goes. Someday, the island nations will figure this out, and mine a new revenue source.

Legally, as long as a country is one of the 168 countries participating in the United Nations Law of the Sea Convention, you have the right of innocent passage (the URL I gave above gives the specific citation reference for Right of Innocent Passage, including right to anchor). HOWEVER.....as SailingHarmony points out, trying to talk a LEO in a small island nation into conforming with a UN Treaty could be futile. You'd have no recourse if they declined. During COVID, many cruising yachts tried to claim Innocent Passage but were pushed-out by LEO even when severe storm conditions were the alternative for the yacht - precisely the situation "Innocent Passage" was supposed to be sympathetic to.

The URL I posted above contains the following description with specific citation to LOSC paragraphs.

The right of innocent passage for foreign vessels within the territorial sea of a coastal State is defined as “navigation through the territorial sea for the purpose of (a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or (b) proceeding to or from internal waters or a call at such roadstead or port facility.” Passage must be “continuous and expeditious,” but it may include stopping and anchoring when incidental to ordinary navigation or rendered necessary by unusual circumstances.

[hpeer]

I came into Dehaies one evening, and it was jammed. So I went down the coast a bit and anchored with a Q flag. A official boat came by and asked my intentions. I explained the harbor was full and I would check in next morning after some left. And he accepted my answer.

Another time I was boarded by the Dutch CG in Staria for a safety check. All papers were examined and I got a citation for having expired flares aboard. I had good one also but still... I know they were active again his past season, others were boarded.

I have heard others say they stopped at Monserate and asked via VHF for permission to anchor without checking in. Permission granted.

Then again I stopped in Monserate one night without checking in and in the middle of the night some damn fool came within a whisker of hitting me. That could have ended badly.

Antigua, when I asked on VHF, required me to dock my big boat to check in. But others came in by dink. This has happened to others. I don't ask any more, just come in by dink. I find a LOT of variation in Antigua.

You take your chances at your own risk tolerance level.

[sck5]

I have anchored with a Q flag for a night many times. It is OK so long as you dont go ashore. Once in Anguilla I got to customs as they were getting ready to go home and didnt want to bother with checking me in. They said just go ahead and come ashore for dinner and we will see you in the morning.

Antigua, on the other hand, is not a place to mess around. NOBODY but the captain can come ashore until you clear in or you will get a huuuge fine.

[ausnp84]

Technically, the answer is no. You’re in a foreign country’s waters and you therefore need to clear in. In actual practice, things are very lax.

Coming from Grenada -> DR this past year, not a single authority came out in their boat to check on us. The USCG in USVIs did a couple of loops of the harbour (we were under Q) and then went back to their dock. Our route was:

Grenada -> Carriacou - They wanted to know when we arrived, but otherwise were relaxed

Mayreau (SVG) - Q for three days due to bad weather. Coast Guard went past offshore twice and didn’t care.

St Lucia - Q overnight

Martinique - cleared in, easy on the computer

Dominica - Q overnight

Guadeloupe - cleared in

St Kitts - Q overnight

St Maarten - cleared in day after arrival. The girl was telling people off who cleared in the next day claiming they thought the office would be shut. Apparently they’re open until 2000

Anguilla - Q overnight

BVis - Q overnight, then cleared in

USVIs - Q overnight, then cleared in

PR - cleared in

DR - Q for four days while coast hopping, then cleared in

It’s really a case of don’t take the pi** - arrive at sunset and leave at sunrise - and if asked at immi & customs, advise you arrived after closing time.

Hope that helps.

N

[rapanui 2]

I do it always because it is not practical to clear customs for one night!! but DO NOT LEAVE YOUR AIS on , better shut it down at least 30 miles before and after the anchor place.... authorities and bandits have AIS .....but keep anchor light on for speedy nocturnals boats....

[ausnp84]

Originally Posted by rapanui 2

I do it always because it is not practical to clear customs for one night!! but DO NOT LEAVE YOUR AIS on , better shut it down at least 30 miles before and after the anchor place.... authorities and bandits have AIS .....but keep anchor light on for speedy nocturnals boats....

I am yet to hear of, or meet, a cruiser in the islands that’s left their AIS on and been pestered by the CG.

You’re more likely to get your unchained dinghy stolen off the dock than be boarded by bandits around these parts…

N

[pwooley]

Originally Posted by Roniszoro

I'm just asking as to the various island's regulations. As to the trip to Guadeloupe, I'd be leaving Jolly Harbour, Antigua and sailing south to the western shore of Guadeloupe.

No problem in this direction; it can be difficult to find the customs agent in Deshaise. Antigua is more formal. You are probably okay at anchor but don't take a mooring buoy.

[Amapola]

Review "Right of Innocent Passage" and you'll find your answer.