Charting a New Course: Substantial Developments in Bahamian Maritime Law

Introduction

Substantial legislative developments in Bahamian maritime law took place with the implementation of the Port Authorities (Amendment) Act 2025, Customs Management (Amendment) Regulations, 2025 and 2026, Boat Registration (Amendment) Act 2025, Boat Registration (Yacht) (Amendment) Rules, 2025 and the Environmental Health Services (Amendment) Act, 2025. The measures notably introduced new cruising, anchorage and fishing fees for foreign vessels and mandated an Automatic Identification System (AIS) for foreign vessels 50 feet and over. The legislation further strengthened the regulation of structures such as docks and moorings, emissions from domestic and foreign commercial vessels, and the operation of foreign and bareboat charters in Bahamian waters.

New Fees and Frequent Digital Cruising Card

The Bahamas has implemented a new tiered fee structure for foreign vessels that replaces the traditional all-inclusive boating permits. Separate payments are now required for cruising, anchoring, and fishing rather than a single flat entry fee. All foreign pleasure vessels entering The Bahamas must secure customs clearance and obtain either a Temporary Cruising Permit or a Frequent Digital Cruising Card (FDCC). To accommodate varying lengths of stay, there is the option of a 30-day, 6-month or 12-month permit. The new FDCC option also allows unlimited entries after two visits for a duration of up to 2 years.

The revised cruising fees, as outlined in the Customs Management (Amendment) Regulations, 2026, are as follows:

Vessel Size	30-Day Permit	6-Month Permit	12-Month Permit	2-Year Unlimited (FDCC)
Up to 30 ft	$150	–	–	$1,500
31 – 50 ft	$250	$300	$500	$1,500
51 – 100 ft	$350	$750	$1,000	$2,500
Over 100 ft	$600	$2,000	$3,000	$8,000

Foreign pleasure vessels that do not use a marina or mooring field are subject to new anchorage fees:

Vessel Size	With 30-Day Permit	With 6-Month Permit	With 12-Month Permit	2-Year Unlimited (FDCC)
Up to 30 ft	$50	–	–	–
31 – 50 ft	$100	$150	$200	$200
51 – 100 ft	$100	$350	$350	$350
Over 100 ft	$200	$1,000	$1,500	$1,500

A new requirement has also been introduced for a separate fishing permit for foreign pleasure vessels. The cost of this permit is one hundred dollars ($100) for vessels not exceeding 50 feet and three hundred dollars ($300) for vessels over 50 feet.

Additionally, a new passenger tax applies to non-resident individuals on foreign vessels. The first three non-resident passengers (aged six and older) are typically included in the Cruising Permit. However, each additional non-resident passenger over the age of six shall incur a fee of thirty dollars ($30).

Automatic Identification System (AIS)

The Port Authorities (Amendment) Act 2025 mandates that all foreign vessels measuring 50 feet and over are now required to have a properly functioning Automatic Identification System (AIS) that must remain activated at all times, whether the vessel is docked, navigating, or transiting through The Bahamas. The AIS is a maritime tracking system that broadcasts a vessel’s location, speed, and identity to nearby ships and coastal authorities. Non-compliance could result in a penalty of one thousand dollars ($1,000).

Seabed Leases

The Port Authorities (Amendment) Act 2025 also introduced new regulations regarding seabed leases, requiring individuals and entities to secure a valid lease for the construction of any industrial, commercial, or private pier, wharf, jetty, groin, mooring, abutment, or any other activity impacting areas of the seabed.

Applications must include supporting documents as may be reasonably required, such as financial statements, site plans, relevant licenses or permits, and evidence of compliance with environmental and regulatory standards. The maximum term for a seabed lease is 25 years, with an option for renewal.

The new legislation establishes penalties for unlawful use, which may include fines of up to fifty thousand dollars ($50,000) per acre and imprisonment for up to two years, or both.

Separately, the Environmental Health Services (Amendment) Act, 2025, enhanced the government’s power to penalize domestic and foreign commercial vessels for environmental pollution. The Act permits the Director of Environmental Health Services to immediately impose fixed penalties on foreign vessels and cruise ships that emit contaminants or pollutants endangering life, health, or property. Under related regulations, these vessels face an initial $25,000 fine and $20,000 daily charge for continued violations, up to a $250,000 maximum.

Foreign and Bareboat Charters

All foreign charters (non-Bahamian yacht owners) must obtain a Foreign Charter Licence prior to their arrival in The Bahamas which is valid for one year. Applications to the Bahamas Port Department along with supporting documents and the applicable fees can now be made online via the Bahamas government website.

The charter tax remains unchanged at 14%, which consists of a combined 10% Value Added Tax (VAT) and a 4% Port Department fee. The Port Department is now authorized to collect the entire 14% fee as a single payment, streamlining the process and eliminating the need for separate VAT filings with Inland Revenue.

Under the Boat Registration (Amendment) Act, 2025, the solicitation of guests in The Bahamas for a charter is strictly prohibited unless the charter originates while the vessel is in the country and is negotiated and contracted by a Bahamian citizen or a company approved by the Port Authority and licensed under the Business Licence Act, 2023. The local Bahamian broker or company is responsible for collecting and remitting all charter fees and VAT to the government. Charters of vessels less than 55 feet in length cannot be contracted for a duration less than 48 hours.

Where an authorised officer has reasonable grounds to suspect that a vessel is being operated in contravention of the Boat Registration (Amendment) Act, 2025 or is unregistered, uninspected, uninsured, or operated by an unlicensed boat master, an authorised officer has the power to seize, remove and detain the vessel at a designated port or holding facility until lawfully released.

The Boat Registration (Yacht) (Amendment) Rules, 2025 further give the Port Authority the discretion to establish criteria for issuing master’s licenses for foreign vessels under bareboat charters.

Conclusion

The 2025 and 2026 legislative amendments mark a shift toward a more regulated maritime environment and enhanced management of maritime revenue. By implementing the AIS system, the legislation enhances the monitoring of ocean traffic and fishing activities, thereby improving safety and preventing collisions. The measures further aim to protect fragile marine ecosystems such as coral reefs and seabeds, increase accountability for emissions of pollutants and contaminants into the environment, and regulate the foreign charter industry more effectively.