The Government of Belize is considering legal action
against the luxury yacht that last month damaged a portion of the barrier reef
off the shore of San Pedro. The Belize Department of the Environment (DOE) says
the yacht violated Section 29, Chapter 328 of the Environmental Protection Act
(EPA). Mr. Ismael Fabro, Chief Environmental Officer in the Department of the
Environment, told The San Pedro Sun that the DOE is still pursuing the matter
and that in violation, DOE would charge the lavish vessel. Fabro said the DOE
had notified authorities in Honduras and Guatemala to be on the look out for
the Summerwind and that they were also in the process of notifying the Mexican
authorities to do the same. The Summerwind is registered and sails under the
flag of the Marshall Islands, whose offices are located in New York. He also
stated that the DOE was looking into ways of how best to serve those
responsible with a summons to appear in court, in this case either the captain
or the owner/s. Mr. Fabro said the “the arms of the law reached beyond the
borders of Belize.”
Fabro also said lawyers representing the Summerwind are
seeking a meeting to “settle the matter.” He stated the lawyer wanted to
arrange a meeting on Wednesday of this week. Fabro added that this particular
infraction, according to laws under the EPA, does not allow for an out-of-court
settlement.
A spokesperson for Summerwind told The San Pedro Sun
that the mishap occurred when they “moved the boat due to a low tide situation
with high wind and there was a fear that the diesel tanks which are located on
the very bottom of the yacht could potentially burst if the shallow water
allowed the boat to hit any obstruction. With a boat of fiberglass
construction, a punctured tank could prove fatal to the entire crew and would
literally burst into flames. Besides this potentially life threatening
situation, there was of course the fear of the eco-damage that could also
occur. In other words, in an attempt to do the right thing and avoid a
potential problem, another was caused.”
According to the Belize Port Authority and Eurocaribe
Shipping Service, who acted as the shipping agent for the luxury yacht at the
request of the Port Authority, Summerwind was pre-warned about the rules and
regulations when entering Belizean waters.
After the accident, the Belize Port Authority said they
issued an order: “Prohibition of Sailing Provision,” whereby they were not to
leave Belizean waters until the matter had been resolved. Several days later,
the Summerwind left its harbor in front of San Pedro Town for reportedly for Honduras, then to Florida.
The Summerwind spokesperson added, “Summerwind’s
attitude was that a 48-hour timeframe existed in which Summerwind was to be
formally charged. That period came and went with no action from any of the
GOB’s offices. Captain Adam visited Belize City and Belmopan at his own
expense to verify what he could do, if anything, to help rectify the situation.
He was notified of the 48-hour window from the GOB’s offices that he visited.
He was told by the boat’s management company that after the 48-hour window
passed they were free to leave as they wished. They did so using the normal
exiting procedures and didn’t “disappear.” They also paid $700 per day, along
with other taxes, to the port authority here and followed every rule and
instruction that was given them.”
The ‘Sun’ asked Mr. Fabro about the 48-hour timeframe
claimed by Captain Adam, he stated that under the EPA, the DOE has up to two
years to press charges, and that the 48-hour time limit “was total nonsense.”
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