USVI Public Records

As used in this chapter, "vessels" includes every description of watercraft, or other artificial contrivance used, or capable of being used, as a means of transportation on water.

(a) All American sailing vessels under five net tons shall be registered with the Collector of Customs of the Virgin Islands, and all such vessels carrying passengers or freight for remuneration shall be required to obtain licenses from him before obtaining clearances. Licenses shall be issued after inspection and approval of the seaworthiness of the craft and condition of equipment and shall be renewed every two years. The requirements for registration and licensing shall be determined by the Collector of Customs and promulgated by regulations prescribed by him, and approved by the Governor. (b) All vessels carrying passengers or freight between ocean common carriers and the public wharves of the Virgin Islands shall be registered and licensed pursuant to this section. For the purpose of this subsection "vessel" shall not include any vessel which is an integral part of and transported with the ocean common carrier. History: Amended June 11, 1986, No. 5168, § 12(a), Sess. L. 1986, p. 76.

All sailing vessels under 700 tons carrying passengers or freight for remuneration, shall carry at least one life jacket or preserver for every passenger carried and for each member of the crew, and no sailing vessel, while carrying passengers shall be operated or navigated except in charge of a person found qualified and licensed by the Collector of Customs, who shall be aided by the harbormaster in determining such qualifications. For the purposes of this chapter, a life jacket or preserver shall satisfy the following conditions- (1) it shall be approved material and construction; and (2) it shall be capable of supporting in fresh water for twenty-four hours fifteen pounds of avoirdupois of iron. Life jackets or preservers, the buoyancy of which depends on air compartments are prohibited. All life preservers shall be kept in convenient and accessible places on such vessels in readiness for immediate use in case of accident.

With the approval of the Governor, the Collector of Customs shall determine by regulations the maximum number of passengers permitted to be carried by any sailing vessel under 700 tons and shall cause to be examined its life jackets or preservers at least once a year, and shall approve same if found to conform with the standards prescribed in section 3 of this title.

All sailing vessels up to 700 tons shall be inspected by the Collector of Customs or the harbormaster at least once every two years as to their seaworthiness and condition of their equipment.

The International Regulations for Preventing Collisions at Sea, 1948, shall be in force and effect within the harbors and roadsteads of the Virgin Islands.

All cargo vessels, foreign or domestic, carrying passengers from the Virgin Islands to other parts in the West Indies shall be required to obtain from the Collector of Customs in St. Thomas a certificate of inspection according to the provisions of the Act of Congress of June 5, 1920 ( 46 U.S.C. § 882 ) as modified by the International Convention for the Safety of Life at Sea, unless an unexpired certificate of inspection is carried which has been obtained in a United States port where such inspections are made and certificates of inspection issued, as provided in such Act of June 5, 1920.

Sections 3, 4, and 5 of this title, and the inspection provisions of section 2 of this title, shall not apply to vessels which carry more than six passengers and which are subject to inspection under the provisions of the Act of Congress of May 10, 1956, Public Law 519 ( 46 U.S.C. §§ 390-390g ).

(a) The penalty for violation of any provision of this chapter shall be a fine not to exceed $1,000. Such penalty shall constitute a lien against the vessel, and libel suits may be instituted by an enforcement officer in the Superior Court of the judicial division in which the violation occurred. Each violation of any provision of this chapter shall be a separate and distinct offense. Upon repeated violations of any of the provisions of this chapter, the Collector of Customs may, in his discretion, suspend the licenses of the vessel and/or the license of the operator for such period of time as he deems proper. (b) All penalties provided for in this section shall be assessed and collected by the enforcement officers of the Collector of Customs and all monies so collected, except as otherwise provided by law, shall be deposited to the credit of the general funds of the treasury of the Virgin Islands. The Governor of the Virgin Islands may, upon petition within sixty days after the penalty has been assessed, remit or mitigate any such penalty. History: Amended Sept. 9, 1976, No. 3876, § Sess. L. 1976, p. 197; June 11, 1986, No. 5168, § 12(b), Sess. L. 1986, p. 76.

(a) For the purpose of maintaining transportation facilities and services between the Islands of St. Thomas and St. John, the Governor shall contract for, purchase, or otherwise acquire all such equipment, labor, services, and facilities, as are necessary or appropriate. (b) Public transportation services and facilities as provided for in this section shall be maintained, in accordance with regulations issued by the Governor, on a regularly scheduled daily service between St. Thomas and St. John. (c) There is authorized to be appropriated out of any funds available in the treasury of the Virgin Islands, such sums as may be necessary for the purposes of this section. (d) The Department of Public Works, Office of Transportation, shall include inter-island water ferry service between St. Thomas and St. John in the comprehensive mass transit system plan developed by the Department. History: Amended Dec. 31, 1987, No. 5296, § 1, Sess. L. 1987, p. 164.

The Department of Public Works, Office of Transportation, shall include inter-island water ferry service between St. Croix and St. Thomas and St. Thomas and St. Croix in the comprehensive mass transit system plan developed by the Department. History: Added May 10, 2007, No. 6918, § 11, Sess. L. 2007, p. 25.

(a) There is established as a separate and distinct, non-lapsing, revolving fund in the Treasury of the Virgin Islands, the Virgin Islands Ferry Boat Fund. The Commissioner of Finance shall administer the fund, and no monies deposited in the fund may be made available for expenditure and or disbursement for any other purposes except as provided in this section. (b) The Virgin Islands Ferry Boat Fund consists of: (1) All grants, contributions, gifts and bequests; (2) All interest accrued on monies in the Fund; and (3) All non-federal sums appropriated to the Fund from time to time by the Legislature which remain available until expended. (c) Monies in the Fund must be used exclusively to expand and maintain the inter-island passenger ferry boat service within and between the islands of the Virgin Islands. (d) The Commissioner of Finance shall, on a quarterly basis submit to the Governor and the Legislature a detailed accounting of the disbursements from the fund and its unobligated balance. History: Added Sept. 22, 2015, No. 7800, § 2, Sess. L. 2015, p. 145; amended Oct. 7, 2015, No. 7754, § 11, Sess. L. 2015, p. 62.

History: Repealed. Nov. 23, 1960, No. 646, Sess. L. 1960, p. 196, eff. Dec. 31, 1960.

(a) The harbors of the Virgin Islands shall be administered by the Commissioner of Economic Development and Agriculture, through an Assistant Commissioner for Marine and Aviation Services. The Governor shall appoint a harbor master for Saint Thomas and a harbor master for Saint Croix. (b) Except as otherwise specifically provided in this title, the Commissioner of Economic Development and Agriculture, through an Assistant Commissioner for Marine and Aviation Services, and subject to the approval of the Governor, shall be authorized to issue rules and regulations not inconsistent with federal law and rules, regulations and orders thereunder necessary and appropriate to effectuate and implement the provisions of this chapter, and of all other chapters of this title, including rules and regulations relating to the construction or mooring of vessels, barges, houseboats, or other craft or structures in the harbors or beaches of the Virgin Islands. History: Amended June 10, 1960, No. 588, § 4, Sess. L. 1960, p. 87; May 1, 1961, No. 661, § 4, Sess. L. 1961, p. 18; Apr. 2, 1964, No. 1168, Sess. L. 1964, p. 174.

Expenses; Grants All ship dues, pilotage fees, quarantine fees, and miscellaneous revenue collected through the harbors of the Virgin Islands shall be covered into a special fund in the Treasury of the Virgin Islands to be known as the "Marine and Aviation Fund". All expenses of administering said harbors shall be paid from said fund on an annual budget basis to be enacted by the Legislature and approved by the Governor. The Legislature may make grants to the special fund from the general fund as may be needed to supplement the revenues of the said special fund. History: Amended June 10, 1960, No. 588, § 4, Sess. L. 1960, p. 87.

Whenever the navigation of any harbor, or the use of any pier, wharf or bulkhead, or their approaches, in the Virgin Islands shall be obstructed or endangered by any sunken vessel, boat, watercraft, raft or other similar obstruction, and such obstruction has existed for a longer period than 30 days, or whenever the abandonment of such obstruction can be legally established in a less space of time, the sunken vessel, boat, watercraft, raft or other obstruction shall be subject to be broken up, removed, sold, or otherwise disposed of subject to the provisions of applicable Federal law by the Assistant Commissioner for Marine and Aviation Services at his discretion, without any liability for any damage to the owner of same, provided that in his discretion, the Assistant Commissioner for Marine and Aviation Service may cause reasonable notice of such obstruction of not less than 30 days, unless the legal abandonment of the obstruction can be established in a less time, to be given by publication, addressed "To Whom It may Concern", in a newspaper published in the judicial division in which the obstruction is located requiring the removal thereof; Provided, further, That the Assistant Commissioner for Marine and Aviation Services, notwithstanding the provisions of Title 31, may in his discretion at or after the time of giving such notice, cause sealed proposals to be solicited by public advertisement, giving reasonable notice of at least 10 days, for the removal of such obstruction as soon as possible after the expiration of the above specified 30 days notice, in case it has not in the meantime been so removed, these proposals and contracts, at his discretion, to be conditioned that such vessel, boat, watercraft, raft, or other obstruction, and all property and cargo contained therein, shall become the property of the contractor, and the contract shall be awarded to the bidder making the proposition most advantageous to the Government of the Virgin Islands; Provided, further, That such bidder shall give satisfactory security to execute the work; Provided, further, That any money received from the sale of any such wreck, or from any contractor for the removal of wrecks, under this section shall be covered into the Marine and Aviation Fund. History: Added Apr. 1, 1964, No. 1154, Sess. L. 1964, p. 144.

The following fees shall be collected by the Commissioner of Commerce and deposited into the Special Fund known as the "Marine and Aviation Fund": (1) F or piloting vessels to and from any harbor or port in the Virgin Islands, from sunrise to sunset: DRAFT FEE Up to and including 11 feet $1.00 per foot 12 feet, and over 2.00 per foot (2) From sunset to sunrise, add 50 percent to day pilotage. (3) Ships in ballast, and ships of 15,000 gross tons and over add 50 percent to pilotage in, for docking. (4) For mooring or shifting berths within the harbor, bays, wharves, or dry dock, half pilotage. (5) For pilotage around the Island of St. Thomas, the Island of St. Croix, or the Island of St. John, special arrangements will be made by the Commissioner of Commerce or his designee and the agent or the captain of the vessel. (6) Fractional parts of a foot less than 6 inches will not be counted. Fractional parts of a foot 6 inches or more will be considered an additional foot. (7) Vessels commissioned by the United States or foreign governments, yachts, and vessels under 100 gross tons are exempt from pilotage, except when the services of a pilot are requested. History: Amended June 10, 1960, No. 588, § 5, Sess. L. 1960, p. 87; May 1, 1961, No. 661, § 5, Sess. L. 1961, p. 18; June 18, 1962, No. 904.

History: Repealed. June 11, 1959, No. 473, § 3, eff. July 1, 1959, Sess. L. 1959, p. 83.

The following dues shall be paid by ships entering and clearing in St. Thomas and St. John: (1) Vessels of 5 net register tons or less, which discharge or load, per register ton of entire burden, entering and clearing taken together.................... $0.15 (2) Vessels over 5 but not over 20 net register tons, which discharge or load 1 ton of goods or more, per register ton of entire burden, entering and clearing taken together.................... $0.15 (3) Vessels over 20 but less than 50 net register tons, per ton of goods discharged or laden.................... $0.25 (4) Vessels of 50 net register tons or more, per ton of goods discharged or laden.................... $0.50 (1) Vessels of 5 net register tons or less, which discharge or load, per register ton of entire burden, entering and clearing taken together.................... $0.15 (2) Vessels over 5 but not over 20 net register tons, which discharge or load 1 ton of goods or more, per register ton of entire burden, entering and clearing taken together.................... $0.15 (3) Vessels over 20 but less than 50 net register tons, per ton of goods discharged or laden.................... $0.25 (4) Vessels of 50 net register tons or more, per ton of goods discharged or laden.................... $0.50 As exceptions to subdivisions (1)-(4) of this section, the following dues shall be paid by ships entering and clearing in St. Thomas and St. John: (5) Vessels of 20 net register tons or less under United States flag, trading between the islands of the Virgin Islands, U.S.A., which discharge or load 1 ton of goods or more, when engaged in such trade, per register ton of entire net register tonnage, entering and clearing taken together.................... $0.02 (6) Vessels over 20 net register tons under United States flag, trading between the islands of the Virgin Islands, U.S.A., when engaged in such trade, per ton of goods discharged or laden.................... $0.02 (7) Vessels mentioned in subdivision (4) of this section, discharging or transshipping fuel oil for use in engines or fossil coal (except as provided in section 242 of this title), for every register ton occupied by fuel oil or fossil coal to be discharged or transshipped.................... $0.32 (8) Vessels mentioned in subdivisions (3) and (4) of this section to or from which cargo (excepting fuel oil for use in engines and fossil coal) is transshipped directly from or to another vessel, for every ton of goods transshipped, $0.06, except that on transshipment of mineral ores, the rate shall be $0.02 per ton. (5) Vessels of 20 net register tons or less under United States flag, trading between the islands of the Virgin Islands, U.S.A., which discharge or load 1 ton of goods or more, when engaged in such trade, per register ton of entire net register tonnage, entering and clearing taken together.................... $0.02 (6) Vessels over 20 net register tons under United States flag, trading between the islands of the Virgin Islands, U.S.A., when engaged in such trade, per ton of goods discharged or laden.................... $0.02 (7) Vessels mentioned in subdivision (4) of this section, discharging or transshipping fuel oil for use in engines or fossil coal (except as provided in section 242 of this title), for every register ton occupied by fuel oil or fossil coal to be discharged or transshipped.................... $0.32 (8) Vessels mentioned in subdivisions (3) and (4) of this section to or from which cargo (excepting fuel oil for use in engines and fossil coal) is transshipped directly from or to another vessel, for every ton of goods transshipped, $0.06, except that on transshipment of mineral ores, the rate shall be $0.02 per ton.

The following are exempt from ship dues prescribed by this subchapter: (1) Vessels loading fuel oil for use in engines or coal from the shore or from another vessel insofar as such goods are concerned. (2) Vessels, registered in the Virgin Islands, when the voyage does not go beyond the area comprising the islands of St. Thomas and St. John and the islets belonging thereto. (3) Stranded vessels, and vessels which, on account of contrary winds, damage sustained at sea, or other disastrous occurrences, put into the port, entering as well as clearing insofar as regards the goods brought and re-exported in the same vessel. The parties in question, however, are bound to comply with such rules of supervision as the Collector of Customs may find necessary regarding the unloading and subsequent re- loading of the cargo, and to pay the expenses connected therewith. (4) Ships of war or other government vessels, training ships even though they are not government vessels, and yachts, provided they are not used in the carrying trade. (5) Deck load, provided the hold is filled with cargo on which ship dues are paid. (6) Fresh water for drinking or other purposes, whether brought as ballast, part of the cargo, or as the entire cargo of the vessel. (7) Vessels solely engaged in discharging coal and fuel oil at St. Thomas to be used for bunkering ships calling at the port of St. Thomas. History: Amended June 24, 1958, No. 335, § 21(b), Sess. L. 1958, p. 117.

Cargo on which ship dues are calculated under this subchapter shall be reduced to tons by weight or measure according to the scale: 1 ton equals 1 cubic meter equals 1000 kilograms. In case detailed information for reducing to tons is lacking, the reductions shall be made by assessment of the Collector of Customs. The Collector of Customs shall also decide whether measure or weight shall be used in the calculation. The number of tons on which ship dues are charged shall in no case, where goods are loaded from or discharged to the shore, or where fuel oil for use in engines or coal is discharged to the shore or transshipped, be in excess of the net register tonnage of the vessel. In calculating the number of tons, 1/2 ton or any larger fraction of a ton shall be considered equal to one ton, and fractions less than 1/2 ton shall not be considered. History: Amended June 24, 1958, No. 335, § 21(c), Sess. L. 1958, p. 118.

(a) The Governor may place steam and motorships under foreign flag, engaged in regular and constant trade between the islands of the Virgin Islands, U.S.A., on even footing in respect of ship dues, under this subchapter, with steamers under the United States flag, engaged in the same trade. (b) The Governor may apply the reduction of ship dues, under this subchapter, for goods transshipped directly from ship to ship, also on goods which, either in the bill of lading or in the general entry, are specified as destined directly to another place than the Virgin Islands, although such goods are not transshipped directly from vessel to vessel but are temporarily stored in the warehouse of a steamship company or wharf owner, provided the warehousing takes place in such a manner as to give security against abuse. (c) The Governor may allow the reduction of ship dues, under this subchapter, on goods transshipped direct from ship to ship to be applied also to goods which are warehoused under the supervision of the Collector of Customs in private warehouses temporarily and are destined for export, with the restriction that ship dues must be paid in full if the goods have not been exported within two years of the importation. The Governor may, however, on timely applications grant extensions of the time of export not exceeding one year each time. (d) The Governor may grant any vessel contracted for mail service between St. Croix and St. Thomas exemption from payment of ship dues in St. Thomas harbor on cargo carried on regular mail trips. History: Amended June 24, 1958, No. 335, § 21(d), (e), (f), Sess. L. 1958, p. 118.

The ship dues prescribed by this subchapter shall be collected by the Collector of Customs under the procedure, and subject to the penalties, prescribed by the laws concerning import duties and customs in the Virgin Islands. History: Amended June 24, 1958, No. 335, § 21(g), Sess. L. 1958, p. 118.

On all goods entering or leaving Saint Croix, the carrying vessel shall pay to the Collector of Customs tonnage dues at the rate of twenty (20) cents per ton of 2,240 pounds. This requirement shall not apply to any cargo of less than 2,240 pounds total; nor shall vessels of Virgin Islands registry be subject to these dues on cargoes shipped between Virgin Islands ports. History: Added June 24, 1958, No. 335, § 22, Sess. L. 1958, p. 118.

As used in this chapter, unless the context clearly requires a different meaning: (1) "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. (2) "Motorboat" means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion. (3) "Owner" means a person, other than a lien holder, having the property in or title to a motorboat. The term includes a person entitled to the use or possession of a motorboat subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security. (4) "Waters of the Virgin Islands" means any waters within the territorial limits of the Virgin Islands, and the marginal sea adjacent to this territory and the high seas when navigated as a part of the journey or ride to or from the shore of the Virgin Islands. (5) "Person" means an individual, partnership, firm, corporation, association or other entity. (6) "Operate" means to navigate or otherwise use a motorboat or a vessel. (7) "Commissioner" means the Commissioner of Planning and Natural Resources. (8) "Commercial Vessel" means any vessel used or engaged in trade or business including, but not limited to, carrying passengers for hire, charter fishing, bare boat, or any type of charter, maintenance, diving, towing, or any other trade or business wherein the vessel is used in any manner to promote the venture, or is registered or licensed with the Territory, other state, or documented by the United States Coast Guard for commercial purposes; Provided, however, That the provisions of this paragraph shall not apply to commercial fishing vessels other than commercial charter fishing vessels. (9) "Department" means the Department of Planning and Natural Resources. (10) "Sailing Vessel" means any vessel propelled by sail only. History: June 18, 1962, No. 902, § 2; amended Nov. 21, 1972, No. 3330, § 11, Sess. L. 1972, p. 504; Nov. 7, 1983, No. 4877, § 311(a), Sess. L. 1983, p. 242; Feb. 21, 1984, No. 4895, § 2, Sess. L. 1984, p. 29; Feb. 1, 1985, No. 5036, § 5, Sess. L. 1984, p. 459.

(a) Every motorboat on the waters of the Virgin Islands shall be numbered. No person shall operate or give permission for the operation of any motorboat on such waters unless the motorboat is numbered in accordance with applicable federal law, or in accordance with a federally approved numbering system of a state, territory or possession of the United States and unless: (1) the certificate or number awarded to such motorboat is in full force and effect, and (2) the identifying number set forth in the certificate of number is displayed on each side of the bow of such motorboat. (b) In addition to motorboats as required by this section, no person shall use or operate any vessel including sailboats, hobbiecats, dinghies, tenders, jet skis, or other similar contrivances on any of the waters of the Virgin Islands unless: (1) such vessel is registered with the Department of Planning and Natural Resources; and (2) an identifying number and decal is visibly displayed on the vessel and the operator can present a valid registration certificate. (c) A vessel documented by the United States Coast Guard shall not be required to display numbers under this chapter but shall be required to register and display a decal in accordance with the provisions of subsection (b) of this section. History: June 18, 1962, No. 902, § 3; amended Nov. 7, 1983, No. 4877, § 311(b), Sess. L. 1983, p. 242; Mar. 15, 1984, No. 4902, § 5(a), Sess. L. 1984, p. 61.

(a) The owner of each vessel requiring numbering or registration in accordance with this chapter shall file an application with the Department. The application shall be signed by the owner of the vessel and shall be accompanied by the following fees: For Class I vessels (less than 16' in length) $ 25.00 For Class II vessels (16' or over but less than 26') 50.00 For Class III vessels (26' or over but less than 40') 100.00 For Class IV vessels (40' or over but less than 65') 150.00 For Class V vessels (65' or more in length) 200.00 A commercial vessel shall be charged one and one-half times the fees prescribed in this rate schedule. The application for a certificate of number or registration shall be made by the owner or his authorized agent to the Department in accordance with procedure and form prescribed by the Department. Every initial application for a certificate of number or registration shall be accompanied by an affidavit executed by the applicant fully setting forth the facts to support applicant's claim of ownership which shall be presented in person. The Department shall examine and determine the genuineness, regularity and legality of every application for numbering of a vessel and any other application lawfully made to the Department relating to this chapter and may in all cases conduct any investigation as may be deemed necessary or require additional information. The Department shall reject any application if not satisfied with the genuineness, regularity or legality thereof or the truth of any statement contained therein, or for any other reason, when authorized by law. The provisions of this subsection shall not apply to commercial fishing vessels. (b) The owner of any motorboat already covered by a number in full force and effect which has been awarded to it pursuant to then operative federal law or a federally approved numbering system of another state, territory or possession of the United States shall, upon the expiration of the 90 day reciprocity period provided for in section 295(1) of this title, file an application for a number with the Commissioner in the manner and pursuant to the procedure required for the award of a number under subsection (a) of this section. (c) Should the ownership of a motorboat change, a new application form shall be filed with the Commissioner and a new certificate of number shall be awarded in the same manner as provided for in an original award of number, provided that no fee shall be charged for awarding a new certificate of number. (d) In the event that an agency of the United States Government shall have in force an over-all system of identification numbering for motorboats within the United States, the numbering system employed pursuant to this chapter by the Commissioner shall be in conformity therewith. (e) The Commissioner may award any certificate of number directly or may authorize any person to act as agent for the awarding thereof. In the event that a person accepts such authorization, he may be assigned a block of numbers and certificates therefor which, upon award in conformity with this chapter and with any rules and regulations of the Commissioner, shall be valid as if awarded directly by the Commissioner. (f) All records of the Commissioner made or kept pursuant to this section shall be public records. (g) Every certificate of number awarded pursuant to this chapter shall continue in full force and effect for a period of one year unless sooner terminated or discontinued in accordance with the provisions of this chapter. Certificates of number may be renewed by the owner in the same manner provided for in the initial securing of the same. (h) The Commissioner shall fix a day and month of the year on which certificates of number due to expire during the calendar year shall lapse and no longer be of any force and effect unless renewed pursuant to this chapter. (i) The owner shall furnish the Commissioner notice of the transfer of all or any part of his interest other than the creation of a security interest in a motorboat numbered in this territory pursuant to subsections (a) and (b) of this section or of the destruction or abandonment of such motorboat, within 15 days thereof. Such transfer, destruction, or abandonment shall terminate the certificate of number for such motorboat except that, in the case of a transfer of a part interest which does not affect the owner's right to operate such motorboat, such transfer shall not terminate the certificate of number. (j) Any holder of a certificate of number shall notify the Commissioner within 15 days, if his address no longer conforms to the address appearing on the certificate and shall, as part of such notification, furnish the Commissioner with his new address. The Commissioner may provide in his rules and regulations for the surrender of the certificate bearing the former address and its replacement with a certificate bearing the new address or for the alteration of an outstanding certificate to show the new address of the holder. (k) No number other than the number awarded to a motorboat pursuant to this chapter shall be painted, attached, or otherwise displayed on either side of the bow of such motorboat. (l) The Commissioner shall issue to the owner of registered vessels an identifying number and decal for visible display on the vessel and a certificate of registration of pocket size in accordance with the requirements of section 292 of this title. (m) The Commissioner shall issue to the owners of documented vessels a decal for visible display on the vessel and a certificate of registration of pocket size in accordance with the requirements of section 292. (n) Notwithstanding any other law, any boat owner who fails to obtain or renew a registration or certificate of number, as provided under the provisions of this section, and has not documented with the Division Environmental Enforcement Boat Registration Office of the Department of Planning and Natural Resources that their vessel will not be operated on territorial waters, will be subject to a fine of twenty dollars ($20) for each violation for each vessel not more than 15 feet in length, and fifty dollars ($50) for each violation for vessels more than 15 feet in length for each registration year missed. All vessels sold to new owners must be cleared of all fines assessed under this section. History: June 18, 1962, No. 902, § 4; amended Mar. 21, 1963, No. 974, Sess. L. 1963, p. 190; Jan. 31, 1964, No. 1061, § 4, Sess. L. 1964, p. 6; Sept. 6, 1978, No. 4197, Sess. L. 1978, p. 216; Nov. 7, 1983, No. 4877, § 311(c), Sess. L. 1983, p. 243; Feb. 21, 1984, No. 4895, § 3, Sess. L. 1984, p. 30; June 5, 2001, No. 6411, § 5(a), Sess. L. 2001, p. 35.

(1) Every motorboat shall carry and be fitted with such life-saving, fire-fighting and fire-prevention equipment, sound signalling devices, and, between sunset and sunrise, shall exhibit lights, all as may be required by the rules and regulations of the Commissioner, provided only that the requirements of such rules and regulations shall not exceed the requirements of Federal laws, rules and regulations applicable to such vessels. (2) Every motorboat shall carry such additional equipment designed to promote the safety of navigation and of persons as the Commissioner may find to be appropriate and for which he has provided in his rules and regulations. (3) No person shall operate or give permission for the operation of a vessel which is not equipped as required by this section or modification thereof. History: June 18, 1962, No. 902, § 5.

A motorboat shall not be required to be numbered under this chapter if it is- (1) Already covered by a number in full force and effect which has been awarded to it pursuant to federal law or a federally approved numbering system of another state, territory or possession of the United States. Provided, that such boat shall not have been within the Virgin Islands for a period in excess of 60 days. (2) A vessel from a country other than the United States provided the vessel has not been on the waters of the Territory for a period in excess of 60 days; (3) A motorboat whose owner is the United States, a state or a subdivision thereof. (4) A ship's lifeboat if the boat is used solely for lifesaving purposes. This exemption does not include craft carried aboard a vessel and used for other than lifesaving purposes; (5) A motorboat belonging to a class of boats which has been exempted from numbering by the Commissioner after he has found that the numbering of motorboats of such class will not materially aid in their identification; and, if an agency of the Federal government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, after the Commissioner has further found that the motorboat would also be exempt from numbering if it were subject to the Federal law. (6) A vessel which has a valid marine document issued by the United States Coast Guard or any Federal agency successor thereto. Such vessel shall register with the Department in accordance with the requirements of section 292 of this title. History: June 18, 1962, No. 902, § 6; amended Nov. 7, 1983, No. 4877, § 311(d)-(f), Sess. L. 1983, p. 244; Feb. 15, 1984, No. 4893, § 17, Sess. L. 1984, p. 18.

(a) The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any vessel which is designed or permitted by him to be operated as a motorboat; the identification number thereof; and the departure date and time, and the expected time of return. The record shall be preserved for at least 6 months. (b) Neither the owner of a boat livery, nor his agent or employee shall permit any motorboat or any vessel designed or permitted by him to be operated as a motorboat to depart from his premises unless it shall have been provided, either by owner or renter, with the equipment required pursuant to section 294 of this title and any rules and regulations made pursuant thereto. History: June 18, 1962, No. 902, § 7.

(a) No person shall operate any motorboat or vessel, or manipulate any water skis, surfboard, or similar device in a reckless or negligent manner so as to endanger the life or property of any person. (b) No motorboat shall be operated in excess of six statute miles per hour within those areas designated within the harbors and bays of the Virgin Islands as restricted areas. These areas shall be designated by the Commissioner or his designated representative. History: June 18, 1962, No. 902, § 8; amended Jan. 31, 1964, No. 1061, § 1, Sess. L. 1964, p. 5; Nov. 28, 1987, No. 5288, § 1, Sess. L. 1987, p. 147.

Alcohol Or Drugs; Violations, Presumptions; Penalties (a) It is unlawful for any person while under the influence of an intoxicating liquor or controlled substance included in Schedules I through V of Title 19, section 595, VIC, to operate or be in actual physical control of a motor boat or vessel in the territorial waters of the Virgin Islands. (b) Any person who operates a motorboat or vessel in the territorial waters of the Virgin Islands shall be deemed to have given consent to a test of his breath, blood, urine, or saliva for the purpose of determining the alcohol content of his blood; provided, that such testing is incidental to a lawful arrest and is administered by or at the direction of an enforcement officer of the Department of Planning and Natural Resources, a peace officer of the Virgin Islands or a Virgin Islands police officer who has reason to believe that a person is in violation of subsection (a) or of section 297 of this title. (c) A person arrested under this section or section 297 shall be informed, prior to being offered a test or tests under subsection (b) of this section that a refusal to submit to the tests may be used as evidence against him. (d) Any person who is unconscious or otherwise in a condition rendering him incapable of refusing to take the test or tests required by this section shall be deemed not to have withdrawn his consent and such test or tests may be administered whether or not the person is informed as specified in subsection (c) of this section. (e) The officer making the arrest shall determine which test shall be administered and, if the officer determines that more than one test is required to accurately measure the alcoholic or drug content of a person's blood, additional tests, as specified by the officer, shall be administered. (f) No person, except a physician, registered professional nurse or laboratory technician acting at the request of a peace officer shall withdraw blood for the purpose of determining the alcoholic or drug content of a person's blood. A police officer or enforcement officer of the Department of Planning and Natural Resources may administer a breath, urine or saliva test. (g) No physician, registered professional nurse, or laboratory technician, or hospital or other employer employing such physician, registered professional nurse or laboratory technician shall be sued or held liable for any act done or omitted in the usual course of withdrawing blood at the request of any peace officer pursuant to this section; provided, that the foregoing immunity does not apply to acts or omissions constituting gross, willful or wanton negligence. (h) The testimony of a registered professional nurse or laboratory technician to any such withdrawal of blood made by him may be received in evidence with the same weight, force and effect as if such withdrawal of blood were made by a physician. (i) Upon request of the person who submits to a test or tests under this section, the results of the tests shall be made available to the person or the person's attorney. (j) Upon the trial of any criminal action, or preliminary proceeding in a criminal action, arising out of acts alleged to have been committed by any person in violation of subsection (a) of this section or section 297 while under the influence of an intoxicating liquor or controlled substance, the results of any test or tests administered in accordance with this section shall be admissible into evidence when otherwise admissible. The amount of alcohol in the person's blood at the time alleged as shown by chemical analysis of the person's breath, blood or urine, shall give rise to the following presumptions: (1) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of an intoxicating liquor. (2) If there was at the time in excess of 0.05 percent, but less than 0.08 percent by weight of alcohol in the person's blood, that fact shall not give rise to any presumption that the person was or was not under the influence of an intoxicating liquor, but that fact may be considered with other competent evidence in determining whether the person was under the influence of an intoxicating liquor at the time of the alleged violation. (3) If there was at that time 0.08 percent or more by weight of alcohol in the person's blood, that fact shall be prima facie evidence that the person was intoxicated. (k) The provisions of subsection (j) of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of an intoxicating liquor or a controlled substance. History: Added Nov. 28, 1987, No. 5288, § 2, Sess. L. 1987, p. 147; amended June 5, 2001, No. 6411, § 5(b), Sess. L. 2001, p. 35.

(a) It shall be the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as he can do so without serious danger to his own vessel, crew, and passengers, if any, to render to other persons affected by collision, accident, or other casualty such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident or other casualty, and also to give his name, address, and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty. (b) In the case of collision, accident, or other casualty involving a vessel, the operator thereof, if the collision, accident, or other casualty results in death or injury to a person or damage to property in excess of one hundred dollars shall file with the Commissioner a full description of the collision, accident, or other casualty, including such information as the Commissioner may, by regulation, require. History: June 18, 1962, No. 902, § 9.

In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the Commissioner pursuant to section 298(b) of this title shall be transmitted to said official or agency of the United States. History: June 18, 1962, No. 902, § 10.

(a) No person shall operate a vessel on any waters of this territory for towing a person or persons on water skis, or a surfboard, or similar device unless there is in such vessel a person, in addition to the operator, in a position to observe the progress of the person or persons being towed. (b) No person shall operate a vessel on any waters of this territory towing a person or persons on water skis, a surfboard, or similar device nor shall any person engage in water skiing, surfboarding, or similar activity at any time between the hours from one hour after sunset to one hour before sunrise. (c) The provisions of subsections (a) and (b) of this section do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under section 301 of this title. (d) No person shall operate or manipulate any vessel, tow rope, or other device by which the direction or location of water skis, a surfboard, or similar device may be affected or controlled in such a way as to cause the water skis, surfboard, or similar device, or any person thereon to collide with or strike against any object or person. (e) No person shall operate a vessel for towing a person or persons on water skis or surfboard or similar device in any area designated as a yacht anchorage, nor shall any of the above devices be operated within five hundred feet of any shoreline where swimming is customarily carried on or where vessels are anchored or moored. History: June 18, 1962, No. 902, § 11; amended Jan. 31, 1964, No. 1061, § 2, Sess. L. 1964, p. 5.

(a) The Commissioner may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments or exhibitions on any water of this territory. He shall adopt and may, from time to time, amend regulations concerning the safety of motorboats and other vessels and persons thereon, either observers or participants. Whenever a regatta, motorboat or other boat race, marine parade, tournament or exhibition is proposed to be held, the person in charge thereof shall, at least 15 days prior thereto, file an application with the Commissioner for permission to hold such regatta, motorboat or other boat race, marine parade, tournament or exhibition. The application shall set forth the date, time and location where it is proposed to hold such regatta, motorboat or other boat race, marine parade, tournament or exhibition, and it shall not be conducted without authorization of the Commissioner in writing. (b) The provisions of this section shall not exempt any person from compliance with applicable Federal law or regulation but nothing contained herein shall be construed to require the securing of a Virgin Islands permit pursuant to this section if a permit therefor has been obtained from an authorized agency of the United States. History: June 18, 1962, No. 902, § 12.

The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of such vessel, whether such negligence consists of a violation of the provisions of the statutes of this territory, or neglecting to observe such ordinary care and such operation as the rules of the common law require. The owner shall not be liable, however, unless such vessel is being used with his or her expressed or implied consent. It shall be presumed that such vessel is being operated with the knowledge and consent of the owner, if at the time of the injury or damage, it is under the control of his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family. Nothing contained herein shall be construed to relieve any other person from any liability which [he] would otherwise have, but nothing contained herein shall be construed to authorize or permit any recovery in excess of injury or damage actually incurred. History: June 18, 1962, No. 902, § 13.

(a) Every peace officer in the Virgin Islands, including enforcement officers of the Department of Planning and Natural Resources, shall have the authority to enforce the provisions of this chapter, and in the exercise thereof shall have the authority to stop and board any vessel, subject to this chapter. (b) The powers, duties and authority of enforcement offices and the Superior Court and its officers, conferred by title 12, chapter 1, subchapter VIII of this code with reference to conservation tickets and conservation offenses, as well as the rights and liabilities of those charged with these offenses, shall apply equally to violations committed under this chapter. In addition, if a violation is committed from a boat, a lien may be placed against the boat until the fine is paid. History: Amended Nov. 7, 1983, No. 4877, § 311(g), Sess. L. 1983, p. 244; Feb. 1, 1985, No. 5036, § 1, Sess. L. 1984, p. 452; June 5, 2001, No. 6411, § 5(c), Sess. L. 2001, p. 36.

(a) Any person who violates any provision of sections 292 - 294, 296(a), 298 and 301 of this title shall be guilty of a misdemeanor and shall be subject to a fine of not to exceed $50 for each such violation. (b) Any person who violates any provision of sections 296(b) and 300 of this title shall be guilty of a misdemeanor and shall be subject to a fine of not to exceed $100 for each such violation. (c) Any person who violates any provision of section 297 of this title shall be guilty of a misdemeanor and shall be subject to a fine of not to exceed $500 or imprisonment for not to exceed 6 months, or both for each violation. (d) Any person who violates section 297a(a) of this title shall be guilty of a misdemeanor and shall be subject to a fine not to exceed $1,000 or imprisonment not to exceed one year or both for a first violation. For any subsequent violation of section 297a(a) of this title, the person shall be subject to a fine not to exceed $2,000 or imprisonment not to exceed two years or both. (e) Any person who violates section 297 or 297a (1) if the infraction resulted in a reportable boating accident pursuant to section 298(b), and (2) any person convicted of two infractions under this chapter within a 12-month period, shall in addition to the penalties imposed in sections 297 and 297a (A) enroll in, attend, and successfully complete, at his own expense, a boating safety course that meets minimum standards established by the Commissioner; (B) file with the Department within 90 days proof of successful completion of the course; and (C) refrain from operating a vessel until he has filed the proof of successful completion of the course with the Department. (3) Any person who has successfully completed an approved boating course shall be exempt from these provisions upon showing proof to the commission as specified in paragraph (b). (4) For the purposes of this section, "conviction" means a finding of guilt, or the acceptance of a plea of guilty or nolo contendere, regardless of whether or not adjudication was withheld or whether imposition of sentence was withheld, deferred, or suspended. (5) The Commissioner shall print on the reverse side of the defendant's copy of the boating citation a notice of the provisions of this section. Upon conviction, the clerk of the court shall notify the defendant that it is unlawful for him to operate any vessel until he or she has complied with this section, but failure of the clerk of the court to provide such a notice shall not be a defense to a charge of unlawful operation of a vessel under subsection. History: June 18, 1962, No. 902, § 15; amended Nov. 28, 1987, No. 5288, § 3, Sess. L. 1987, p. 149; Mar. 24, 2006, No. 6823, § 2, Sess. L. 2006, pp. 9, 10.

This chapter may be cited as the Mandatory Motorboat Education and Safety Act. History: Added Mar. 24, 2006, No. 6823, § 1, Sess. L. 2006, p. 4.

As used in this chapter, unless the context clearly requires a different meaning: (a) "Commercial Vessel" means any vessel used or engaged in trade or business, including but not limited to, carrying passengers for hire, charter fishing, bare boat, or any type of charter, maintenance, diving, towing, or any other trade or business wherein the vessel is used in any manner to promote the venture, or is registered or licensed with the Virgin Islands or a state, or documented by the United States Coast Guard for commercial purposes. (b) "Commissioner" means the Commissioner of Planning and Natural Resources. (c) "Department" means the Department of Planning and Natural Resources. (d) "Motorboat" means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion. (e) "Nonresident" means a citizen of the United States who has not established residence in this Territory and has not continuously resided in this Territory for one year. (f) "Operate" means to navigate or otherwise use a vessel that is not at anchor or moored, including vessels that are being paddled, are drifting, or are being powered by machinery. (g) "Personal flotation device or PFD" means a U.S. Coast Guard-approved life jacket called a personal flotation devices or PFD. The quality and type depends on the length of the vessel and the number of people onboard or being towed. (h) "Waters of the Virgin Islands" means any waters within the territorial limits of the Virgin Islands of the, and the marginal sea adjacent to this territory and the high seas when navigated as a part of the journey or ride to or from the shore of the Virgin Islands. (i) "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. History: Added Mar. 24, 2006, No. 6823, § 1, Sess. L. 2006, pp. 4, 5.

(a) A person eighteen years of age or younger may not operate a motorboat unless the person has in his possession aboard the motorboat photographic identification and a boater safety identification card issued by the Department which shows that the person has: (1) successfully completed a Department-approved boater education course that meets the requirements established by the National Association of State Boating Law Administrators; (2) passed course equivalency examination approved by the Department; or (3) passed a non-renewable temporary certificate examination developed or approved by the Department. (b) An identification card issued to a person who has completed a boating safety course or a course equivalency examination is valid for life. A card issued to a person who has passed a temporary certification examination is valid 60 days. (c) The Commissioner may enter into cooperative agreements with agents to administer the course, course equivalency examination, or temporary certificate examination under guidelines established by the Commissioner. History: Added Mar. 24, 2006, No. 6823, § 1, Sess. L. 2006, p. 5.

A person is exempt from section 322 if the person: (a) is licensed by the United States Coast Guard pursuant to 46 CFR Part 10 ; (b) is a person who operates a vessel under supervision of a certified instructor, or supervision of a person who is exempt from section 323 or who holds an identification in compliance with section 322, is 18 years of age or older, and is attendant to the operation of the vessel and is responsible for any violation that occurs during the operation; (c) is a nonresident who has in his possession proof that he has completed a boating safety course or equivalency examination in a state which meets or exceeds the requirements of section 322; or (d) is exempted by rule of the Commissioner. History: Added Mar. 24, 2006, No. 6823, § 1, Sess. L. 2006, pp. 5, 6.

(a) A person who is operating a motorboat on any waters of the Virgin Islands and is stopped by a peace officer in the enforcement of this chapter, or the rules adopted under this chapter, shall present to the peace officer proof that he meets the requirements of section 322, or that he is exempt under section 323. (b) A person's failure to present the boating safety identification card, certificate, license, temporary operating permit, or other proof of compliance authorized by the Commissioner constitutes prime facie evidence of a violation of section 322 of this [chapter]. (c) A person who fails to present the boating safety identification card, certificate, license, temporary operating permit or other proof of compliance authorized by the Commissioner is guilty of a misdemeanor, unless the person presents the required documents in court which prove that except for the absence of the documents, the person was operating the motorboat in compliance with this chapter on the date of the violation. History: Added Mar. 24, 2006, No. 6823, § 1, Sess. L. 2006, p. 6.

Certificate (a) No person may alter, forge, counterfeit or falsify a boating safety identification card, certificate, license, or temporary operating permit or other document required under section 324. (b) No person may be in possession of a boating safety identification card certificate, license, temporary operating permit or other document required under section 324 which has been altered, forged, counterfeited or falsified. (c) No person may loan or permit his boating safety identification card certificate, license, temporary operating permit or similar document required under section 324 to be used by another person. History: Added Mar. 24, 2006, No. 6823, § 1, Sess. L. 2006, p. 6.

(a) A person or his agent or employee engaged in the business of renting or leasing motorboats, not exceeding thirty days, may not rent or lease a motorboat to any person for operation on the waters of the Virgin Islands, unless the person: (1) meets the provisions of section 322 or section 323 of this chapter; and (2) is 18 years of age or older. (b) A person, an agent or employee engaged in the business of renting or leasing motorboats shall list on each rental or lease agreement for a motorboat the name and age of each person who is authorized to operate the motorboat. The person to whom the motorboat is rented or leased shall ensure that only those persons who are listed as authorized operators are allowed to operate [the] motorboat. (c) A person, an agent or employee engaged in the business of renting or leasing motorboats shall provide to each authorized operator of a motorboat a summary of the statutes and regulations governing the operation of a motorboat and instructions regarding the safe operation of the motorboat. Each person listed as an authorized operator of the motorboat shall review the summary of the statutes, regulations and instructions before the motorboat departs from the rental or leasing office. (d) The Commissioner may adopt pursuant to title 3 Virgin Islands Code chapter 35 such supplementary rules as he considers necessary. The rules may include the following: (1) procedures for issuance of certificates, duplicate certificates, record keeping, name and address changes; (2) establishment of reasonable fees for boating safety courses, examinations, issuance of boating safety certificates and other fees to cover the administration of this chapter; and (3) contents for boating education courses. (e) standards for approving boating education courses; (f) criteria for exemptions under section 323(d); and (g) such other provisions that the Commissioner considers necessary to carry out the purpose of this chapter. History: Added Mar. 24, 2006, No. 6823, § 1, Sess. L. 2006, pp. 6, 7.

All vessels must be equipped with U.S. Coast Guard-approved personal flotation device. Each PFD must be in good condition, the proper size for the intended wearer, and must be readily accessible. Readily accessible means an individual must be able to put the PFD on in a reasonable amount of time in an emergency. (a) No person may operate a recreational vessel on the waters of the Virgin Islands unless at least one of the following types of personal flotation devices approved by the United States Coast Guard is on board for each individual aboard the vessel. (1) Type I PFD (Offshore Life Jackets); (2) Type II PFD (Near-Shore Vests); or (3) Type III PFD (Flotation Aids). (b) No person may operate a recreational vessel on the waters of the Virgin Islands unless one Type IV PFD, a throwable device, is on board in addition to the total number of PFDs required in subsection (a) of this section. History: Added Mar. 24, 2006, No. 6823, § 1, Sess. L. 2006, p. 8; amended Apr. 12, 2008, No. 7000, § 20, Sess. L. 2008, p. 84.

No person may operate a recreational vessel on the waters of the Virgin Islands with any child under the age of seventeen years, unless each child is wearing an appropriate Type I or Type II personal flotation device as outlined in section 327 of this chapter. History: Added Mar. 24, 2006, No. 6823, § 1, Sess. L. 2006, p. 8.

Every peace officer in the Virgin Islands and such officers and employees of the Department of Planning and Natural Resources, as may be designated by the Commissioner, may enforce the provisions of this chapter, and in the exercise this enforcement authority may stop and board any vessel subject to this chapter. History: Added Mar. 24, 2006, No. 6823, § 1, Sess. L. 2006, p. 8.

(a) Any person who violates any provision of sections 324, 325, 326 or 327, of this chapter is guilty of a misdemeanor and is subject to a fine of $500 for each violation. (b) Any person who violates any provision of section 328 of this title is guilty of a misdemeanor and is subject to a fine of $1,000. (c) In any proceeding for a violation of this chapter, the court may suspend all or part of the fine, if the defendant completes the boating education course approved by this chapter within the time limit imposed by the court. (d) A court may prohibit a person who violates any of the provisions of this chapter from operating a motorboat upon the waters of the Virgin Islands until the person successfully completes a course on safe boating approved the National Association of State Boating Law Administrators. History: Added Mar. 24, 2006, No. 6823, § 1, Sess. L. 2006, pp. 8, 9; amended Oct. 6, 2016, No. 7930, § 2, Sess. L. 2016, p. 184.

It is the purpose of this chapter to provide for the orderly, efficient, equitable, safe, and ecologically sound allocation and regulation of moorings, anchorages and unobstructed navigational channels in the territorial waters of the Virgin Islands. The Legislature finds and declares that there exists an exigent need to protect and preserve the natural and historic character of the Territory's harbors, bays, and shoreline areas; improve, protect and maintain water quality for reasonable and beneficial uses; provide for public access, utilization and enjoyment of coastal areas; generate revenue for the improvement and maintenance of harbor and shoreline facilities; encourage water dependent uses; regulate the use of territorial waters to resolve conflicts between competing uses; and authorize the Department of Planning and Natural Resources to administer and enforce provisions relating to the mooring and anchoring of vessels and houseboats and the issuance of permits. History: Added June 8, 1990, No. 5567, § 2, Sess. L. 1990, p. 207.

(a) The term "Ad-Hoc Community Committee" means a group of persons chosen by the Commissioner from the areas affected to serve as a liaison between the community and the Department. (b) The term "anchoring" means the temporary securing of a vessel to the bottom of a water body solely by the resistance of an anchor or anchors which are dropped from the vessel, and which are carried aboard as regular equipment when underway. (c) The term "Commissioner" means the Commissioner of the Department of Planning and Natural Resources, his designee, or any person authorized to act as Commissioner. (d) The term "Department" means the Department of Planning and Natural Resources. (e) The term "derelict vessel" or "derelict houseboat" means a vessel or houseboat that has been abandoned, forsaken, or disabled beyond repair. (f) The term "houseboat" means any type of watercraft used as a floating abode that fails to meet the definition of a vessel as defined in this section or that is used solely for a permanent or temporary abode and not for transportation and navigational purposes. The term does not include boats, yachts, or sailing crafts with hulls designed, built and used primarily for transportation and navigational purposes. (g) The term "long-term anchoring" means any anchoring for more than 14 days within a 6-month period in any one location. (h) The term "mooring" means the place where a buoyant vessel or houseboat is seasonally attached, fixed or fastened to a mooring buoy or other similar device which is not carried aboard a vessel as regular equipment when underway. (i) The term "multi-vessel status" means the use of one mooring for the purpose of shifting vessels on the assigned mooring or the use of more than one mooring. (j) The term "owner" means any person who can show by approved documentation that he possesses some legal interest in a vessel or houseboat. (k) The term "resident agent" means a person residing in the Virgin Islands and authorized by the owner of a vessel to complete mooring application procedures for the owner and one on whom service of process may be made or one authorized by appointment or by law to receive service of process. (l) The term "short-term anchoring" means any anchoring for less than 14 days within a 6-month period in any one location. (m) The term "tender" means a secondary vessel attached to or accompanying the moored vessel which is used for the transporting of persons and supplies to and from shore or to another vessel. (n) The term "unseaworthy vessel" or "unseaworthy houseboat" means a vessel or a houseboat itself or its appliances or appurtenances that are not safe or adequate for the purposes for which they are intended or ordinarily used. (o) The term "vessel" means every description of watercraft or other artificial contrivance, not more than 150 feet in length, used or capable of being used as means of transportation on water. (p) The term "water use plan" means a comprehensive policy guide calculated to protect, preserve, develop and regulate the use of territorial water, including but not limited to the designation of areas of particular concern, areas for navigation, safe swimming, anchoring, or mooring of vessels. History: Added June 8, 1990, No. 5567, § 2, Sess. L. 1990, p. 207.

(a) The Commissioner is authorized and directed to conduct public hearings and, in accordance with Title 3, section 913, Virgin Islands Code, promulgate rules and regulations, or amend same relative to: (1) reasonable fee schedules for various administrative services, subject to the approval of the Legislature; (2) the mooring and anchoring of vessels and houseboats, as it considers necessary to carry out the provisions and purposes of this chapter; (3) promoting community participation in decisions affecting the environment, coastal planning, and conservation and development, as these matters relate to the mooring and anchoring of vessels and houseboats in the Territorial waters. (b) The Commissioner is also authorized and directed to conduct public hearings regarding alleged violations of this chapter and any regulations promulgated thereunder, and to assess civil fines in any appropriate sum not inconsistent with the provisions of this chapter. (c) The Commissioner is also authorized and directed to appoint persons, who are residents of the Virgin Islands, from each of the areas affected, to serve on the Ad-Hoc Community Committee for their respective areas; and to promulgate regulations concerning the tenure, duties and responsibilities thereof, in accordance with this section. History: Added June 8, 1990, No. 5567, § 2, Sess. L. 1990, p. 207.

(a) The Commissioner shall administer and enforce all laws and regulations relating to the mooring and anchoring of vessels and houseboats within the territorial waters of the Virgin Islands. The Department shall develop and implement a mooring plan, subject to the approval of the Legislature's Committee on Planning and Natural Resources. A vessel or houseboat is permitted to moor or anchor only in those areas designated by the Department. The Department shall work with the appropriate Ad-Hoc Community Committee for each designated mooring and anchoring area. (b) No person shall moor a vessel in a designated mooring area unless a permit is authorized by the Department. A mooring shall not be moved or shifted without prior authorization from the Department. (c) Where a vessel or a houseboat is moored or anchored in violation of the provisions of this chapter or any regulations promulgated hereunder, if the owner or his agent cannot be located through diligent and reasonable efforts, the Department may remove the vessel or houseboat at the owner's risk and expense. The Department shall address communications to the owner of the vessel to his last known mailing address or to the address of his resident agent. Where the Department does not have information as to the identity or the whereabouts of an owner, the Department shall undertake to notify the owner by the method best calculated, under the circumstances of the particular case, to give actual notice. Reasonable efforts to locate unidentified or absent vessel owners shall include the publication in a newspaper of general circulation throughout the Virgin Islands, the posting of a notice in a conspicuous place at the location of the distressed vessel, and the posting of the notice, where practicable on board the vessel. Except in an emergency, no vessel shall be removed until such notice has been posted for not less than fourteen days. For purposes of this subsection, "emergency" means any situation that presents an imminent endangerment or risk to the public safety, health and welfare, or presents an imminent endangerment or risk to the environment or property and includes any instance where a vessel obstructs or threatens to obstruct navigation, contributes to air or water pollution or in any other way constitutes a danger or potential danger to the environment. (d) The Commissioner may limit the applicability of section 405 of this chapter to other governmental departments, agencies, eleemosynary institutions, and organizations engaged in research, teaching and other public services, to inter-island passenger-carrying ferries, or to vessels engaged in full-time commercial fishing. However, the Department shall administer and enforce all laws and regulations relating to the mooring and anchoring of these vessels. (e) In no event is a vessel or a houseboat or its tenders permitted to extend beyond the limits of the vessel's or houseboat's mooring area. (f) The Legislature recognizes that for reasons of conservation, recreation, ecology, navigation or aesthetics, the coastal areas require a flexible and modifiable management program responsive to changing social, economic and environmental conditions. Until such time as a water use plan is developed, the Department shall administer programs in a manner consistent with the goals and objectives of this chapter and in a manner responsive to social and environmental needs. (g) The following are designated as areas of special concern because of their location, the density of existing moorings, anchored vessels or the unusually fragile ecosystem: (1) Magens Bay, Brewers Bay, Buck and Capella Islands, Christmas Cove, Coki Point Beach, Charlotte Amalie Harbor, the Mangrove Lagoon and Vessup Bay in St. Thomas; (2) Cruz Bay and Hurricane Hole in St. John; and (3) Salt River Bay, Christiansted Harbour, and Teaque Bay on St. Croix. (h) The Department, by regulation, shall designate areas of mooring and long-term anchoring and areas of restricted or limited use. The Department may prohibit any long-term mooring or anchoring at any coastal area within the territorial waters of the Virgin Islands for reasons of health, safety or potential threat to marine life. (i) The Department, in identifying and designating mooring and anchoring areas, shall consider the following factors: (1) capability and suitability of the coastal area to support existing or projected use as a mooring or anchoring area; (A) the size of the area; (B) bottom topography and relative holding power; (C) tidal and circulatory characteristics of the area; (D) exposure to the weather conditions and wind fetch; and (E) availability of public services. (2) environmental impact on coastal resources; (3) compatibility of the various uses with adjacent uses or resources; (4) historical uses of the proposed mooring or anchoring site; (5) social and economic impact on the proposed site and its residents. (j) Until such time as a water use plan is developed, the Commissioner shall designate areas of restricted mooring and anchoring adjacent to the ferry docks located in Cruz Bay, St. John and Red Hook, St. Thomas as required to provide for the safe navigation of inter-island passenger ferries and to protect the public safety. (k) Until such time as a water use plan is developed, the Commissioner shall designate areas of restricted mooring and anchoring adjacent to the Gallows Bay Dock, the Ann E. Abramson Pier on St. Croix and the Edward Wilmoth Blyden Marine Terminal on St. Thomas to provide for the safe navigation of inter-island passenger ferries and to protect the public safety. History: Added June 8, 1990, No. 5567, § 2, Sess. L. 1990, p. 207; amended May 10, 2007, No. 6918, § 12, Sess. L. 2007, p. 26.

(a) The owner of each vessel or houseboat mooring or anchoring, or intending to moor or anchor in a designated mooring or anchoring area shall file an application for a mooring or anchoring permit with the Department. In accordance with the procedures and form prescribed by the Department, the owner or owner's resident agent shall sign the application, include the owner's mailing address, and submit the annual permit fee as provided in the regulations promulgated under this chapter. All owners of vessels shall pay a fee per foot of vessel, based upon the deck length, to the Department for the use of the mooring or anchor. The fee for the use of the mooring is an annual fee, and the fee for the use of the anchor is a monthly fee. A non-resident owner shall include in the application, the name and mailing address of his designated resident agent. An affidavit executed by the applicant setting forth the facts in support of the applicant's claim of ownership is required for every initial application. (b) A permittee shall not sell, lease, assign, rent, or transfer the permit to another person unless authorized in writing by the Commissioner. The Department may grant to licensed charter vessels, vessel repair, vessel brokering and other similar operations, a multivessel mooring permit, which allows temporary assignment for a client's vessel. The Department shall allow retention of a mooring location during prolonged absences for repairs, extended cruises or for any other legitimate reason, where the permittee applies to the Department, shows sufficient intention to return and pays the fee in advance. (c) The Commissioner shall not issue a permit for the mooring or long-term anchoring of any vessel not in compliance with Coast Guard requirements for marine sanitation devices. (d) Where a Coastal Zone Management Permit is in effect in a designated mooring area on the date of enactment of this chapter, if the permittee so notifies the Department before the application date for mooring permit issuance, he retains the use of the mooring until his Coastal Zone Management Permit expires. (e) The annual vessel mooring fees and the monthly vessel anchoring fees are as established in Schedules I and II of this subsection. SCHEDULE I. VESSEL MOORING FEE BY CLASS CLASS LENGTH TYPE/USE FEE (PER FOOT) CLASS A Less than 16` Pleasure $10.00 Commercial $20.00 CLASS I 16` to less than 26` Pleasure $10.00 Live-Aboard/Houseboat $15.00 Commercial $20.00 CLASS II 26` to less than 40` Pleasure $10.00 Live-Aboard/Houseboat $15.00 Commercial $20.00 CLASS III 40` to less than 65` Pleasure $10.00 Live-Aboard/Houseboat $15.00 Commercial $20.00 CLASS IV Greater than 65` Pleasure $10.00 Live-Aboard/Houseboat $15.00 Environmental Commercial $20.00 Impact Fee SCHEDULE II. VESSEL ANCHORING FEE BY CLASS CLASS LENGTH TYPE/USE FEE (PER FOOT) CLASS A Less than 16` Pleasure $2.00 Commercial $3.00 CLASS I 16` to less than 26` Pleasure $2.00 Live-Aboard/Houseboat $3.00 Commercial $3.00 CLASS II 26` to less than 40` Pleasure $2.00 Live-Aboard/Houseboat $3.00 Commercial $3.00 CLASS III 40` to less than 65` Pleasure $2.00 Live-Aboard/Houseboat $3.00 Commercial $3.00 CLASS IV Greater than 65` Pleasure $2.00 Live-Aboard/Houseboat $3.00 Environmental Commercial $3.00 Impact Fee (f) A permittee may cancel his permit by either: 1) notifying the Department in writing, or 2) by some other act which is inconsistent with his continued use of the permit. (g) Every mooring permit continues in full force and effect from the first day of July for a period of one year ending on the last day of June, unless sooner terminated or discontinued in accordance with the provisions of this chapter or regulations promulgated hereunder. All permit fees paid under this section are deposited into the Natural Resources Reclamation Fund as established by Title 12, chapter 21, section 911, Virgin Islands Code. (h) Fifty percent of the fees collected pursuant to subsection (e) of this section must be covered over into the Natural Resources Reclamation Fund under title 12 Virgin Islands Code, chapter 21, section 911(f)(4), and fifty percent is designated for the marine enforcement unit under the Department of Planning & Natural Resources. (i) Other fees. The Department shall charge: (1) a Marine Event Permit Fee of $100.00 for permit processing; and (2) a $500.00 fee for any requested enforcement vessel assistance. (3) For purposes of paragraph (1), "Marine Event" means any event held on the water which would require a permit. History: Added June 8, 1990, No. 5567, § 2, Sess. L. 1990, p. 207; amended July 30, 2016, No. 7894, § 1(a)- (e), Sess. L. 2016, p. 129-131.

Identification (a) The Department shall designate the placement site for every mooring in the designated mooring areas and shall prescribe standards for the type of ground tackle and the scope ratio to be used by each vessel or houseboat. Until the Department develops an alternative to the existing arrangement, the permittee shall construct the mooring in a seaman-like manner for the vessel and conditions in the bay or harbor. Engine blocks may not be used as ground tackle. The permittee shall place a ground tackle having a free floating buoy on the surface by at least twelve (12) inches with proper identification, including their permittee's number. Ground tackle remains the property of the permittee. All responsibility and liability for the mooring of a vessel or houseboat remains with the permittee. (b) The Department retains the right to reassign mooring or anchoring space, either temporarily or permanently, when in the best interests of the public, including but not limited to, harbor improvements and emergencies, and where more efficient or equitable utilization of mooring areas would result. The permittee shall move in accordance with the reassignment order within 30 days of the date of the order. The Department shall send by mail, to the owner's mailing address, a written notice of the reassignment order requiring a return receipt or, where the owner is a non-resident of the Virgin Islands, to the mailing address of the owner's resident agent. (c) A fine of fifty dollars ($50) per day shall be assessed against the owner of the vessel and against the vessel, jointly and severally, for each and every day beyond the thirty-day period that the vessel and the ground tackle remain in the mooring location. (d) Unauthorized use of a mooring may result in a fine of not more than five hundred dollars ($500) assessed against the vessel's owner and the vessel, jointly and severally. History: Added June 8, 1990, No. 5567, § 2, Sess. L. 1990, p. 207.

(a) Spear fishing is prohibited in the designated mooring, anchoring and long-term anchoring areas. Other water sports may be permitted by regulation as set forth in section 403 of this chapter. Owners and resident agents shall ensure that their vessels are equipped with engine mufflers to control the noise level in the designated mooring and anchoring areas. No vessel may travel at a rate in excess of six (6) knots in designated mooring and anchoring areas. Excessive wakes by vessels in designated mooring and anchoring areas are prohibited. The owner and/or operator of a vessel is responsible for any violation of this section. (b) Any person in violation of this section may be fined in an amount not to exceed $1,000 for the first offense. Any subsequent violation may be fined in an amount not to exceed $5,000. History: Added June 8, 1990, No. 5567, § 2, Sess. L. 1990, p. 207.

Pollutants (a) No person shall moor or anchor a derelict or unseaworthy vessel or houseboat in a designated mooring or anchoring area. No permit shall be granted for any vessel or houseboat considered by the Department to be unseaworthy or derelict. The Department may remove an unseaworthy or derelict vessel or houseboat in accordance with the provisions of section 404 of this chapter. (b) The owner of a vessel or houseboat sunk or wrecked within the designated mooring or anchoring area is responsible for marking its position and providing for the raising and disposition of the vessel or houseboat within thirty (30) days. The owner shall be liable for any damage to public property, to the environment, and to other vessels or houseboats caused by the owner's vessel or houseboat. Whenever a designated mooring or anchoring area is obstructed or endangered by a sunken or wrecked vessel or houseboat, and the obstruction or wreck has existed for more than thirty (30) days, or whenever the abandonment can be legally established, the Department, after having given reasonable public notice of not less than thirty (30) days, may remove and dispose of the sunken or wrecked vessel or houseboat; provided, however, that the Department may act sooner if said vessel or houseboat is determined to be a hazard to the marine traffic or the environment. The cost of removal shall be borne by the owner or resident agent. (c) No person shall throw, discard, discharge or deposit refuse of any kind into the shoreline areas or territorial waters of the Virgin Islands. No person shall dump or discharge pollutants such as gas, oil, petroleum products, sewage, or any other pollutants into the territorial waters of the Virgin Islands. Any person who discharges, dumps, or deposits refuse or pollutants in violation of this chapter shall immediately remove or arrange for the removal of such refuse or pollutants to the Department's satisfaction. If the vessel's owner or the person responsible for the violation fails to so act, the Department may arrange for removal and clean-up and may contract with and retain agents for such purpose, and the costs thereof, shall be borne by the owner and any person responsible for the discharge, discarding, dumping, or depositing of the refuse or pollutants. (d) The owner of a vessel or houseboat is responsible for keeping the vessel or houseboat and the mooring area in a clean and orderly condition. No person shall conduct any maintenance or conditioning activity, including but not limited to, spray painting, sand blasting, sanding, paint removal, or other activity, that the Department would consider as having an adverse impact on the air and water quality, or on other vessels in the mooring or anchoring area, or would be in violation of any Federal or Territorial law or regulation. (e) Except as provided in section 409 of this chapter, any person who violates the provisions of this section may be fined an amount not to exceed $10,000 for each offense. History: Added June 8, 1990, No. 5567, § 2, Sess. L. 1990, p. 207.

Upon the enactment of this chapter, the Department shall not grant or issue any mooring or anchoring permit to the owner or resident agent of a houseboat. Not later than six (6) months after enactment of this chapter and after due notice by the Department, houseboats are prohibited in the mooring and anchoring areas of the territorial waters of the Virgin Islands. History: Added June 8, 1990, No. 5567, § 2, Sess. L. 1990, p. 207.

(a) Failure to comply with any provision of this chapter or any regulation hereunder may result in suspension of the mooring permit and such suspension continues until such time as the permittee is in compliance. The owner or resident agent may appeal and the Commissioner shall grant a review of the suspension order if it is requested in writing within fifteen (15) days of the order. Any decision of the Commissioner may be appealed to the Superior Court of the Virgin Islands, the appellant shall serve written notice of the appeal with the Office of the Commissioner and the Attorney General. The suspension, unless delayed by the court, shall begin no later than thirty (30) days after the deadline for appeal to the Commissioner has passed by mailing or delivering to the owner or resident agent a copy of said order. After the permit is in fact suspended, the permittee shall immediately vacate the mooring or anchoring area assigned to him by the Department and the Department may assign the mooring to another permittee. Once the permittee is in compliance, the suspension shall be terminated and the mooring permit continues in full force and effect. (b) Any penalty imposed under this chapter is in addition to the suspension of a mooring or anchoring permit as authorized by this chapter, and to any confiscation or forfeiture proceedings authorized under this chapter. (c) Any owner of a sunken or wrecked vessel or houseboat in the designated mooring or anchoring areas who fails to comply with the provisions of this chapter shall be liable for damage caused by the vessel or houseboat as well as any other penalty provided by law, and the Department may dispose of the vessel or houseboat of any owner in noncompliance. (d) Failure to comply with the provisions of section 407 of this chapter shall result in a fine not to exceed $1,000 for the first offense and not to exceed $5,000 for each subsequent offense. (e) Failure to move in accordance with a mooring or anchoring reassignment order under this chapter shall result in a fine of $50 per day assessed against the owner of the vessel and against the vessel, jointly and severally, for every day beyond the thirty (30) day grace period that the vessel remains in the mooring or anchoring location in violation of the order. (f) Any owner or resident agent who discharges pollutants of any kind into the shoreline areas or Territorial waters in violation of section 408 of this chapter shall be fined in an amount not to exceed $10,000, except that for the unlawful discharge of oil or other pollutants as defined in Title 12, chapter 17, Virgin Islands Code, violators shall be assessed civil penalties pursuant to the provisions of that chapter. History: Added June 8, 1990, No. 5567, § 2, Sess. L. 1990, p. 207.

(a) Any person, against whom the Commissioner has taken action or made a final determination relative to the administration or enforcement of the provisions under this chapter, may file an appeal with the Superior Court of the Virgin Islands. Within fifteen (15) days after receipt of a copy of the order or other final determination, or after service of notice thereof, the appellant or his attorney shall serve a notice of appeal on the Commissioner and the Attorney General; provided, that during the fifteen (15) day period, the Court may for good cause shown extend the time for a period not to exceed an additional thirty (30) days. In the notice of appeal, the appellant shall refer to the action of the Commissioner appealed from, and shall specify the grounds of appeal including the points of law and facts which the appellant asserts or questions. The appellant or his attorney shall file with the Clerk of the Court a copy of the original notice of appeal with proof of service within fifteen (15) days of the service of the notice and thereupon the Court shall have jurisdiction of the appeal. The service of the notice of appeal does not act as a stay of enforcement of the Commissioner's final order or final determination unless so ordered by the Court. (b) No bond or deposit for costs is required of the Virgin Islands or Commissioner upon the appeal or other court proceeding pertaining to the matter. (c) Upon appeal, all findings of fact by the Commissioner are considered final and conclusive unless it is shown that the findings were not supported by substantial evidence produced before the Commissioner or his designee at the hearing. History: Added June 8, 1990, No. 5567, § 2, Sess. L. 1990, p. 207.

(a) Notwithstanding title 14, chapter 61 and title 32, chapter 21 of this code, cruise ships anchored or docked at the piers in St. Thomas, St. John, or St. Croix may operate their onboard casinos after 5:00 p.m. for their passengers only while anchored or docked in port, or at any time of day while otherwise within the territorial waters of the Virgin Islands. (b) For purposes of this section, "casinos" includes table games, slot machines, and any other gambling activity typically offered by casinos aboard cruise ships. History: Added Apr. 9, 2011, No. 7245, § 2, Sess. L. 2011, p. 8; amended Oct. 31, 2024, No. 8935, § 1, Sess. L. 2024, p. -.