You cannot sail just anywhere in the Nature Reserves of Saint Martin and Saint Barthélemy

The two cases brought before the judge were not exactly the same, but they did share some common features, notably the unauthorised carrying out of industrial, commercial, craft or advertising activities within a nature reserve. The first case concerns a marine charter company that was inspected by the authorities whilst its vessel, the ‘Arawak’, was operating in Colombier Bay on Saint Barthélemy. The alarm was raised whilst the vessel was making return trips to the beach at excessive speed, well above the authorised limit of five knots.
The inspection revealed that the vessel had no authorisation to sail in that specific area, which forms part of the Saint-Barthélemy nature reserve. Before the judge, the defendant feigned ignorance, claiming he was convinced that a favourable response received by email some time earlier was sufficient, whilst pretending not to realise that this response did not constitute official authorisation. He also argued in passing that he was not aware of all the maritime administrative procedures, as this activity was, in a sense, new to him.

It’s not the man who sets sail

The judge was not taken in by this, and, going through the case file point by point, reminded him that matters had not been handled in accordance with the law (which, as the saying goes, no one is supposed to be unaware of). Indeed, the charter company in question had indeed submitted an application to sail in the waters of the nature reserves, and this application had been followed by a favourable opinion, but not by an official authorisation, which can only be granted after payment of a fee. This fee varies slightly from island to island: in Saint-Barthélemy, it is a flat-rate annual charge, whilst in Saint-Martin, it is calculated on a case-by-case basis according to the number of passengers per boat.
To conclude, it transpires that the Territorial Environment Agency did eventually grant the ‘Arawak’ authorisation to sail in the waters of the nature reserve, but well after the date of the inspection carried out by the maritime brigade. The man who answered the judge’s questions introduced himself not as the manager of the charter company, but as the manager of the management company (!)… a clever ploy that enabled him to avoid being directly implicated in this case and to receive only a suspended fine.

Ahoy, ahoy, sailor!

The second defendant also appeared on almost identical grounds, namely: navigating within the Saint-Martin nature reserve despite a ban in force between the Cul de Sac shoreline and Îlet Pinel, in order to transport customers to one of the local restaurants. In good faith, he admitted that he had been making these return trips for around thirty years without this ever having caused any problems. However, over the years the regulations have changed and the rules have become stricter; the court therefore imposed a light fine, recognising his genuine willingness to comply with the rules.
Karine Fleming, chair of the Saint-Martin Nature Reserve, who was present in the courtroom, also praised the work carried out in collaboration with water users, who are becoming increasingly aware of the need to protect the sites in question. To streamline permit applications, a standard form applicable to both Saint-Martin and Saint-Barthélemy has now been introduced for anyone needing to complete the necessary procedures to sail anywhere in compliance with the law.