Bahamas Regulations – Done Deal

bahamas-marine-life

It appears this is happening… January 1, 2017, much faster than anyone thought and with much less notice than was promised. It is happening without a vote in Parliament since it was pitched as a revision to existing legislation. (Now, I don’t know that this will, in fact, launch on Jan. 1, but that is what Minister Gray said, explicitly.)

This, I think, is what got passed, more or less, with maybe some very minor changes.

The big winner in all of this is Prescott Smith. His organization, the BFFIA, looks to be the entity that will control who guides in the Bahamas. That has always seemed like one of the main drivers. The organization he leads will train and certify guides. It is a lot of power and I would not be surprised to see it abused by someone so clearly capable of carrying a grudge and lashing out at those who question him. Prescott has a real anti-foreigner streak, ironic if you know his past, and he seems to be living out some long held revenge fantasy.

The main loser is, for sure, the Bahamian people, who now will have to pay the government to fish the flats, something they’ve never had to do. Water 1-6 feet in depth includes a heck of a lot of water now off limits unless you are paying. It is mind-numbing to think the Bahamian people would accept this, but this issue seems has attracted almost no attention from the media or from non-industry Bahamians.

The second biggest loser in all of this appears to be second home owners and ex-pats who have boats in the Bahamas. They will not be able to take anyone out with them to fish without a guide. Two people fishing is one too many, according to what I see as the regs. There is some debate if a boat owner would be able to fish, at all, without a guide, but I think a single angler can take their own boat out. More detail is needed here, but it isn’t good.

For the average bonefish angler, you can still do DIY, but you just can’t use a boat. Kayak? You bet. Two person Kayak? No. Canoe with one angler? Yes. Canoe with two anglers? No.

Funds raised by anglers will go half to the government and half for conservation. I’d bet a fair bit of that conservation money will go to the Bahamas Sportfishing Conservation Association, which is a hardly-existing entity run by… care to guess? Yup… Prescott. Maybe I’m wrong about that, but somehow, I think I’ll be right about it, which is math that shows only one winner (and it isn’t the Bahamas).

So, we started out with an effort to severely limit DIY and ended up with a power play to financially benefit a few of the chosen PLP anointed. It was always about money and power to one degree or another.

How this thing is enforced is going to determine how bad it gets for the Bahamas. If some wayward flats fisherman gets put in jail for 6 months or if anglers on their own get harassed, it is going to be bad.

Lodges may see a little dip in business, as the tenor and tone of the regulations are not friendly and the intent of their creator is clearly xenophobic and malevolent, but if you were going to spend a week at Bairs or Andros South or Delphi or wherever, this will add just a few dollars to a several thousand dollar tab and you might not notice anything. It is the folks lower on the totem that will go without the business.

It has been a mess and has eaten up more time than I’ve spent fishing this year. Here’s to hoping I’m wrong on all my doomsaying. I’d love nothing more than to be wrong.

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42 comments

  1. Deanza Cunningham

    What a tragedy for enemies of justice to conclude that Bahamians are unable to adequately determine their destiny. Lets get along for the sake of community.

  2. Philip Thomas Jr

    You obviously have a beef with Prescott and your views are bias. If you have the Bahamian fishing industry at heart you would be happy someone stood up for it. Good job prescott! The fees or minimal and will assist guides in The Bahamas. Stop being negative and use your energies for the positive exposure the Bahamian Fly Fishing.

  3. So basically, I can still DIY on my own boat but if I take my 2-year-old or my wife with me I can go to jail and have the boat confiscated. Sounds fun.

  4. Yeah, I have a beef with Prescott, and if you were paying attention, you’d have a beef too. He’s taking all the power and authority and putting it in his pocket. Wake up man. He’s fed you a line and you’ve taken it.

  5. This wasn’t decided by the people. This was decided by a few people, in the dark.

  6. BFFIA is not the entity responsible for developing the guides training program; The Ministry of Tourism is! Nor is BFFIA the sole organization responsible for training, any registered Bahamian guide association can do it!! NO One got everything they wanted! I believe the industry is the winner! Certainly, anyone reading these regulations, will conclude; the tone & tenor is friendly and inviting, for those who wish to support the industry………. we are all winners here!

    The regulations say; The Minister shall appoint committee, consisting of such officers of relevant Ministries and relevant non-governmental organizations……..to monitor and assist in the management of the flats and the protection of the flat fish stocks…..

    The document I saw yesterday is 180 from a year ago! Not all we want, but certainly in the right direction!

  7. Felton, I want that to be true, but given the temperament of the Minister and the coziness of the Minister to the BFFIA, I don’t think this is going to pan out very well. Who is the Minister (and we are talking Minister Gray here, right?) is going to appoint? He’s going to appoint his PLP pals, who are going to be the same people who have been driving this mess for the last year+.

    I also highly doubt this will be ready to roll out on Jan. 1, as we’ve been told.

    The BFFIA might not be responsible for developing the program, but they WILL be responsible for implementing it, no? Who is going to certify the guides? The language has been really vague and from where I sit, that was a pretty intentional decision. They make it sound like the Abaco guides’ association will be able to be involved, but it also seems like they have some technical point they’ll use to prevent that from happening, which means the certifying agency will be the BFFIA and I can’t really imagine everyone gets a fair shot in that system.

    Maybe the final language departed from the last draft I saw… there have been so many, hard to keep track.

  8. I am the chairman of the opposition party in one of the districts most affected by this (Central and South Abaco). You certainly have my attention as well as the attention of our candidate (and likely next Member of Parliament) for the seat. Our election will be sometime in the middle of next year. If we win the government, I can assure you that this foolishness will be overturned very quickly.

  9. All I have to say is Gray dont know Shit about fishing He cant tell you a fly rod or spin,If Him and Prescott wants to screw up the Bahamas why dont they try it with Andros first and we as Abaco guides do are own shit fisherman are going to Cuba now I been guiding for 26 years and they want to talk a bunch of shit never even had a town meeting as far as I can see all He the Minister wants to cause is a old lot of trouble and if this happenes that is what its going to be

  10. My wife and I {Canadian} are travelling to Exuma in Feb for couple weeks. Have a house booked and the U.S. Owner has a boat we were planning to use to DIY fish. Does this mean we will not be able to use this boat. Has this Draft finally become law? Will pay permits as required, no problem with this, but if we go out, will we be fined or worse? Quite confused over this whole situation. Haven’t been able find anything more concrete online other than your blogs.

  11. Randy, I wish I had good news for you, but I think, according to the law, which I understand will be law in January, you would not be able to use the boat. The licenses, which are supposed to be easily available, will not be something you can get on-line and would not be able to buy on a weekend.

    It is going to suck. That’s how I understand it.

  12. Very Sad to hear, it appears that after 17 years and 40 plus trips to locations such as Abaco, Andros, GBI, Eluethera, Bimini, and Exuma my trip last August was my last. New and friendlier venues await in Cuba, and Mexico. Farewell Bahamas it was fun while it lasted….

  13. Form where I sit this is a “win win” and a first step in the right direction to positive change.The tone here is selfishness,speical intrest and self-centred behaviours by persons against the passing of this legislation.If there is sincere and genuine interest here for the Bahamian people let the due process unfold and then evaluate the results. God,County and Family. .. We live here!!!

  14. Sean, simply, that’s a ridiculous position. If something is going to be a train wreck, you try to stop the train wreck, you don’t sit back and say “Well, we need to see how the train wreck plays out.” Selfish is the definition of the regulations. If you are blind to that, I can’t really help you. It will be a disaster for BAHAMIANS. You’ve been fooled.

  15. Additionally, Randy, the fines could be several thousand dollars AND/OR SIX MONTHS in JAIL… so… there are real teeth in this thing.

  16. Sean, please tell me exactly which provisions you are so strongly in favor of. What, exactly, are the positives here?

  17. Is there a copy of the regulations available online?

  18. Wow, that is absolutely insane. Couple scenarios, will I be able to go on the boat myself and fish, with a permit of course, if I can get one. Secondly, if both of us are on the boat and I am the only one fishing, only one rod in the boat. Are these still punishable? What if I wade out from the house to fish? I have seen countless people on blogs and forums stating they will not be returning to the Bahamas at all. This is millions of dollars of lost revenue for the locals and the gov’t. Also, like Willi, where can we get reg’s online?

  19. So, here is what I think to be true.
    1 and 2. You can fish by yourself in a boat, so long as you are the only one fishing… one rod, one permit only. If your wife is in the boat, but you only have one rod and one license, that SHOULD be OK, although there is some debate about that.
    3. Wading out the door is not an issue at all, so long as you have a license.
    4. This is what I think the regs are, more or less. https://bonefishonthebrain.com/wp-content/uploads/2016/11/AMENDED-DRAFT-171016FRJCARegs2016-1.pdf

  20. My wife and I have travelled to Abaco, Long Island, Exuma, and the Berry Islands over the past few years. We are actually leaving next week for Long Island. It is a trip we are no longer looking forward to and it will be the last trip we take to the Bahamas while these laws are in place.

    I have fished with many independent guides on different islands and we have always greatly enjoyed renting skiffs to explore the flats on our own. We were excited to buy a vacation home on Long Island within the next few years but these new laws are an absolute deal-breaker. Put simply, I could now go to jail in the Bahamas if I pole a flat with my toddler or wife. Imagine that.

    Making it illegal for a family like mine to use our own boat may somehow benefit a few lodges but the cost to local economies will be real. On all our trips to the Bahamas, we have contributed thousands of dollars to local economies in ways that a lodge-based visitor would not. We have spent our money on independent guides, hotels, restaurants, flights, rental boats, rental cars, tours, groceries, bakeries, etc. Sadly, when the money that bonefishing brings to the Bahamas thins out, the impact will mostly be felt by the residents of the Out Islands and Family Islands. Perhaps less easy to calculate will be the goodwill that these regulations are eroding. Until now, we have always felt like ambassadors to the Bahamas, telling our friends and family how much we love visiting the islands. But this whole thing just feels like a punch in the gut.

  21. Bjorn, your intel has been a bit off for quite a while now but to your credit, I am pleased to see that you finally got a copy of the latest draft regulations to correct some of the misinformation and should therefore minimise the fear mongering. I trust that others will read it for themselves and come to realise that this is a great day for the Bahamas, Bahamians, and all stakeholders that claim to love this beautiful, resource-rich country.

    To sum it up: historically, the fly fishing industry was unregulated, but as of the 1st January 2017, the industry will be regulated. It is as simple as that. The road to get here was a long one with wide consultation, ranging from an experienced mix of government officials and technocrats, numerous industry stakeholders on all sides of the divide, and even many ordinary citizens like myself whom have an understanding of and passion for environmental conservation. Additionally, certain aspects of these regulations were benchmarked with a number of other jurisdictions, so this is not the end of the Bahamas as you are leading some to believe, as we were the only jurisdiction WITHOUT any regulations at all.

    While the road to get here was a difficult one, it was this thorough process that made the decision to move in this direction an easy one. Did everyone get what they wanted? Of course not! No one got exactly what they wanted. However, to suggest that it was one-sided is an utter misrepresentation of what actually occurred and seeks to undermine the entire process and hard work that went into this historic legislation.

    There’s absolutely nothing wrong with bringing structure to such vibrant industry. This is a great day for the Bahamas, Bahamians and all Stakeholders!

    Larry

  22. Larry, what are the exact regulations you think are great and what more would you want that you didn’t get? Talk specifics, not “This is great.” That doesn’t mean anything.

    What, exactly, is the give and take? What did second home owners or skiff owners get out of this? Seems totally punitive. They brought in their own capital and now see it greatly diminished. In some cases people have worked their whole lives toward something that was just taken away.

    What, exactly, does this do about the environment? There were laws already on the books about netting, which is probably second in scope of threat only to overdevelopment, which this does not address at all.

    What does the average Bahamian get who now has to pay to fish? That’s just a wholesale robbing of their birthright.

    License fees for foreign anglers? No one was opposed to.

    An end to foreign mothership operations was something 99% of people were not opposed to.

    The issue of “non-licensed bonefish lodges” is, frankly, made up. There is an echo here of the “voter fraud” allegations here in the US. There are enough actual lodges in the Bahamas having a hard time attracting customers, how can one that doesn’t really even exist make a go of it? They have a website? They have a booking agent? They have a cook and a local and knowledgable guide staff and skiffs? No… they don’t and that’s why they don’t exist. I have yet to talk to anyone who has fished or stayed at one of these illegal lodges.

    The BFFIA, with a very discernible dislike for most things from Abaco, being put in charge of things is bound to be a total and utter mess. Prescott as head of this, with all the animosity and distrust around him, is the worst possible person to put in charge. Put Meko at the head and you’d resolve 80% of the worry. Prescott has a long, long history of making anti-foreigner remarks and Minister Gray is not far off.

    I used to tell people I preferred the Bahamas over Hawaii because of the friendliness of the people and the laid back attitude. I’m from California, so Hawaii is a heck of a lot easier to get to than the Bahamas. This whole fight has made me change my mind on that front. Seeing the folks like Prescott preach a total falsehood to so many, to nakedly grab for power, I’m not sure that’s a place I want to be and I’m not alone and the loser in all of this is the average Bahamian who will be hurt.

    A great day for all stakeholders? You are either lying or delusional if you fail to acknowledge how many of your countrymen will be hurt by this.

  23. Bjorn, you make having a cordial discussion very painful. You appear extremely bitter, which highlights your true motives. It seems also that you’re getting back into the misinformation and fear mongering mode. It is tiresome. Enjoy your evening.

    Larry

  24. There is no clear consensus that’s the majority of the guides in the Bahamas endorse these measures. This will hurt the industry not help it. I respect the fact that Bahamians must determine the future of their country – not expats. but please use some common sense….there will be no short term recovery for this mistake. The Ministry of Tourism is spending millions to promote the islands…..this will be a waste of money.

  25. As a fly fisherman from Montana, I looked forward to DIY fishing the flats on Acklins, Long Island, and Andros. While on Long Island we rented a boat from Anything under the sun, a local business. Why is this wrong? I am going to Acklins in April and staying at Ivels, renting a car, and hiring a person who has a boat to drop us off on a flat. All local businesses. Why would anyone want to punish the local businesses because I’ll never stay with a lodge because I could never afford it. If the new law is looking to shut down people like me, it has. This will be my last trip to the Bahamas. Ken Breining

  26. As a lodge owner, I will be permitted to purchase fishing licences for my guests in advance of their arrival. Let us not have people thinking getting their licence is going to be impossible. Independent guides are able to do the same for their clients.
    I was at that meeting and at no time were we told that the BFFIA would be in charge of guide certification.

  27. Elizabeth… are you saying the BFFIA won’t be in charge of certification? Because everything I’ve heard says they will be. That’s been a huge point of the whole thing, from the start.

    “A flats fishing guide certificate issued by an approved fly-fishing association…” That language is in the draft so it doesn’t really matter if he mentioned it or not. I think everyone knows it to be true, so it doesn’t matter if he actually mentions it or not.

    As far as you being able to issue a license to your guests… find that provision in the draft. It isn’t in there. So, you may have been told you could do that, but there is nothing in the law that would allow that.

  28. Hello Bjorn:

    I think you misunderstood my remarks about licences for my guests. I did not say that I would be issuing licences but that I would be permitted to take the applications and fees to the local Administrator’s office to have licenses issued for my guests prior to their arrival. This was not directed to me personally, but to everyone in the room, including other lodge owners and operators and guides. You are right, there is nothing specific in the legislation, but it does say a personal angler licence “may be granted subject to such conditions, restrictions or limitations as the Minister considers appropriate”. I guess the Minister considers this procedure appropriate under current conditions until the online system is in place.

    Please note also that Mangrove Cay Club does sell rooms here but book only fishing packages that include guided fishing. I will be purchasing licences for Mangrove Cay Club guests only. I suppose DIY anglers may have their licences purchased in advance by the operator of the accommodations they have chosen. Those that have booked guides could also turn to their guide to do the same.

    Also, I would like you to know that I am not a member of the BFFIA, have never been a member of the BFFIA and never will be a member of the BFFIA. I am opposed, along with many others, to the BFFIA having any part in certifying guides. We have asked the question more than once and have been repeatedly told that “an approved fly-fishing association” does not mean one fly-fishing association but is plural.

    Also note that certifying a guide and licencing a guide is a two step process.

    The legislation also says that “The Minister may grant and issue a flats fishing guide licence to an applicant-” whose training has been verified by the Ministry of Tourism.” I have no doubt that the Ministry of Tourism will have an active role in the certification of guides. It does not say that the “approved fly-fishing association” will be issuing the guide licence.

    Please note that the certification of guides has not been defined. When we asked, the response was that they are “working on it”. The curriculum surely will be a lot less than anything approaching the proper and complete training of a guide. Mangrove Cay Club has been training guides and paying for their training since day 1 , 16 years now. I know what it costs and how much time it takes. I am sure many other lodges can say the same. I can’t imagine how any of this will be funded by the BFFIA, Ministry of Tourism or Ministry of Agriculture and Marine Resources. I t will probably turn out to be a few days in a classroom which could be a nice start to training a guide.

    Guides and Lodges have suffered from all or the negativity of the past year and a half. Let us not continue to contribute to it by encouraging our clients and guests to think it is going to be difficult to obtain their licence. It is not. We got this.

  29. Hello Bjorn:

    I think you misunderstood my remarks about licences for my guests. I did not say that I would be issuing licences but that I would be permitted to take the applications and fees to the local Administrator’s office to have licenses issued for my guests prior to their arrival. This was not directed to me personally, but to everyone in the room, including other lodge owners and operators and guides. You are right, there is nothing specific in the legislation, but it does say a personal angler licence “may be granted subject to such conditions, restrictions or limitations as the Minister considers appropriate”. I guess the Minister considers this procedure appropriate under current conditions until the online system is in place.

    Please note also that Mangrove Cay Club does not sell rooms here but book only fishing packages that include guided fishing. I will be purchasing licences for Mangrove Cay Club guests only. I suppose DIY anglers may have their licences purchased in advance by the operator of the accommodations they have chosen. Those that have booked guides could also turn to their guide to do the same.

    Also, I would like you to know that I am not a member of the BFFIA, have never been a member of the BFFIA and never will be a member of the BFFIA. I am opposed, along with many others, to the BFFIA having any part in certifying guides. We have asked the question more than once and have been repeatedly told that “an approved fly-fishing association” does not mean one fly-fishing association but is plural.

    Also note that certifying a guide and licencing a guide is a two step process.

    The legislation also says that “The Minister may grant and issue a flats fishing guide licence to an applicant-” whose training has been verified by the Ministry of Tourism.” I have no doubt that the Ministry of Tourism will have an active role in the certification of guides. It does not say that the “approved fly-fishing association” will be issuing the guide licence.

    Please note that the certification of guides has not been defined. When we asked, the response was that they are “working on it”. The curriculum surely will be a lot less than anything approaching the proper and complete training of a guide. Mangrove Cay Club has been training guides and paying for their training since day 1 , 16 years now. I know what it costs and how much time it takes. I am sure many other lodges can say the same. I can’t imagine how any of this will be funded by the BFFIA, Ministry of Tourism or Ministry of Agriculture and Marine Resources. I t will probably turn out to be a few days in a classroom which could be a nice start to training a guide.

    Guides and Lodges have suffered from all or the negativity of the past year and a half. Let us not continue to contribute to it by encouraging our clients and guests to think it is going to be difficult to obtain their licence. It is not. We got this.

  30. Thanks for clarifying Elizabeth.

    I think it has been the aim of the BFFIA to control the licensing of guides and the language is such that it could mean both the Abaco guide’s association and the BFFIA could be involved, but I think that is wishful thinking, as Gray is clearly only interested in the BFFIA and while the Minister of Tourism has seemed more friendly, I think we’ve seen a pretty big capitulation on this, which does not make me hopeful. I don’t envy your position. Prescott has been after this for a long time and now he has an ear in government and it seems like this is just the tip of the iceberg.

    The last trip I took I had a couple days at a lodge and then a few days DIY. The DIY part of the trip had a friend and I rent a boat and fish on our own for three days. The legislation would bar that from happening.

    I hope it is easy for you to get a license for your clients coming in on a Saturday or Sunday. Maybe there will be provisions. Maybe they’ll make it easy. I fear they will also use it as a weapon against those who have disagreed with them. I mean… that is the kind of folks we seem to be dealing with, isn’t it? As for the DIY folks, I’d bet they do find it difficult to get a license on a weekend. I’d bet it takes a long time to get any other system up and running, if it happens at all. I love fishing out of a lodge, but it isn’t in my budget to do that too often. That means I need to do DIY if I’m going to make it happen and this legislation will make it tougher for me to return to the Bahamas… and that is too bad for everyone.

  31. Samuel R. Mackey

    The idea of trying to keep a Nation at hostage just to suit your personal agenda is not right, there has not been any effort to prevent anyone from doing D I Y but as you should know there must be regulation to govern any industry and I feel that your are being unfair to Minister Gray to indicate that he has a leaning toward the BFFIA. From what I have gathered from Gray s comment is that he is interested in securing the industry for the future of fishing in the Bahamas. He has mentioned that he urge foreign anglers to come in and enjoy our fishing but regulations must be in place in order for the industry to survive.

  32. To say Minister Gray is not tight with the BFFIA is to look at the sky and tell me it is green. You are telling me the sky is florescent green if you want to tell me there has been no effort, no talk of restricting DIY angling. These things are just not true.

    Regulations… sure. Fishing license… you bet, but it needs to be easy to get and not up to someone’s discretion. Ban mother ships with skiffs and foreign guides? Sign me up… I think that is the right thing to do.

    Prevent people who have lived there for 20 years from taking a friend out fishing? Why do you need to do that?

    Funnel authority to certify guides to a deeply divisive organization with a polarizing leader? Sounds like a horrible idea.

    Force every Bahamian to get a license to fish in water 1-6 feet deep? Does that seem right to you? Really?

  33. Did this actually take affect January 1st ?

  34. […] Re: Bahamas Moves to Protect Fly Fishing Industry This is actually a very controversial and perhaps unwise move, and a very superficial piece of journalism. If the aim is to support a more prosperous bonefishing industry, it may well have exactly the opposite effect. Even before the legislation passed, it was provoking anglers to avoid the Bahamas in favor of other bonefishing destinations. My guide last march told me his bookings were down 30%. Here's a more cynical take on the legislation: Bahamas Regulations – Done Deal | Bonefish on the Brain […]

  35. Ok found something in the Bahamas weekly that states new regulations are effective from January 9.

    http://www.thebahamasweekly.com/publish/ministry_of_tourism_updates/Bahamas_Moves_to_Protect_Fly_Fishing_Industry51928.shtml

  36. Regulations require that all persons using the Flats, such as guides, anglers, and do-it-yourselfers (DIY’s) have a license issued by the Department of Marine Resources in New Providence, or by the Family Island Administrators in the Family Islands.All guides are expected to be certified over time by the Ministry of Tourism and the Department of Marine Resources, in conjunction with approved Fly Fishing associations in The Bahamas. Commercial fishing is not allowed on flats and the fish covered under the regulations include Bone fish, Tarpon and Cobia.

  37. Well, Looks Like the new Regulations are Official. Posted January 9th. Don’t have any problem with Fishing Licences, very acceptable, but the 1:2 ratio to have a guide if you have a boat is absolutely ridiculous. If You have a boat from the owner of the house you are renting and you can’t fish off it. What if you rent a boat from Minn’s, looks like you still can’t fish off it. Here are the regulations right off the Bahamas government website.

    https://www.bahamas.gov.bs/wps/wcm/connect/6b08f55f-2379-41d8-b509-7dc1409edfc5/GAZETTED+FLATS+FISHING+REGULATIONS.pdf?MOD=AJPERES

  38. I spoke with the Ministry of Agriculture today – they advised that a license can be issued either at one of their offices, the office of the Island Administrator (as noted above) and at Customs on arrival.

    The application form is available online.

    Here’s to hoping Customs is up to speed when I arrive.

  39. Just spent a week in Abaco. After talking to the owner of the house we stayed at and the guide we used for one day, I did not purchase the license. Aside from the one day with a guide, this was a DIY bonefish trip. I fished my ass off for 8 days and did not have anyone bother me for a license. If there was an online method for purchasing the license, I would have bought one. I’m not suggesting you do what I did, but there does not appear to be much, if any, enforcement going on.

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