This is a classic case of the legal system running amok in the worst way but I certainly wouldn't advocate a boycott of the BVI. Those who arrested Richard Baker were doing their job according to the BVI laws and he unfortunately pled guilty. I'm not sure at this point WHY he pled guilty. He is, after all, apparently not only a retired police officer but an attorney to boot. But I'm not posting to judge, but posting as a Devil's Advocate! Ouch, I was taken to task once in a local "Letter To The Editor" forum and was denounced in a rebuttal for using the Devil's Advocate term which reference, where the reader was concerned, was assumed to my being a Satanist. Literary references can go awry.

But, getting back on point, the legal process between the two jurisdictions (countries) will run its course and no doubt very hastily, given what is clearly a travesty of justice which has caught the attention of both countries' governments and is quickly spreading to prime-time. Mr.Baker will no doubt have his proverbial 15 minutes of fame and then much more where the aftermath is concerned.

I don't give a damn where that's concerned and all power to Mr. Baker and his wife.

BUT, boycotting the BVI in a hip-shoot knee-jerk reaction is asinine at least in my humble opinion and will serve no purpose other than to severely compromise the finances of the USVI daysail operators who ply their trade between the US and BVI islands but likewise the equally hard-working BV Islanders who truly eke out a living based on tourism.

Best that you contact your local senatorial representative, the US State Department, the BVI Justice Department, etc. and put your angst in the right place.

Cheers!

You make a lot of very good points. My reaction was based on the outrage of some poor guy sent away to the Balsam Gut Prison. I didn't even comment on the huge discrepancy between the USVI and BVI fishing fines ($400 VS $500,000.00). I was worried that this poor guy was a pawn in the local water wars.

There is no doubt that local operators would be adversely affected, but they need to be on the front line in trying to end this farce.

Bottom line....;None of should feel safe taking the ferry to the BVI until their government stops throwing a temper tantrum.

I know I will not be going there until I feel safe.

I suppose that your initial personae of "Concerned island guy" has now segued into "guy" and thus I assume that you're a newbie. You say:

"Bottom line....None of should feel safe taking the ferry to the BVI until their government stops throwing a temper tantrum.
I know I will not be going there until I feel safe."

Please be advised that the USVI to BVI ferries do not either troll for fish or allow passengers to throw out lines or otherwise troll en route. You have entirely missed the point.

But basic twits regularly come and go here. Cheers and good luck to you.

I would like to think that I am not your "basic twit".Whatever that is.

I was trying to point out that the BVI government has done a very bad thing. They sent some guy to jail for a year for simply putting out a fishing line.

I am a long time Virgin island tourist. I also have spent much time sailing in the BVI. I am responding from a very sincere concern about the legal safety of tourists in the BVI.

I do not like your dismissive attitude. I do not have an agenda. I know that I will not go to the BVI until they assure me that whatever caused this miscarriage of justice has been corrected. Tourist should not be afraid. I am not afraid to go to St Thomas. I have never been afraid to go to Tortola....until now

I think you have missed the point

I have no interest in debating with anyone on this or any other forum a person who hides behind a changeable anonymous personae, Your responses, in my opinion. are jumbled at best. I sincerely hope that your measured voice will be heard when you voice your thoughts to the relevant authorities.

In no way am I "dismissive" of your concerns about the issues at hand, so let's dispense with that right away!. But I resesrve the right to challenge you most diplomatically. The USVI has been my home - ,for better or worse - for over rwo decades.

Your input on this forum is valuable but maybe take a check. Cheer!

the first I read of an arrest, fine and a confiscation of a boat was of a commercial fishingman and then the more recent trails and tribulations of Mr. Baker who does not have the resources to pay the appropriate fine according to his wife. One might think that living in the islands one might have been aware of the long-standing laws that require checking in and out of the neighboring countries given the recent changes and enforcement in passport, immigration and customs regulations. I find it hard to beieve that a person can think he is 3 miles off Jost (as she said) and not know he was in BVI waters. Most charter boat captains and leisure sailors who use charts (as they should) can define the boundry of USVI/BVI and a fisherman knows the local requirements for fishing. Indeed the penality is harsh and maybe the BVI government is wrong or maybe the USVI governement is wrong not enforcing the fishing and lobstering laws or passing more strict laws to protect its fishing. What arrogant right does the US have to tell anyother country what their laws should be and how to enforce them.
Rather extreme that no one should feel safe taking a ferry to the BVI, don't you think? Last I knew, no fishing was allowed off the ferrys plus the ferrys do comply with immigration and customs in both countries. Gosh! it wasn't too munch more than 10 years ago that the BVI stopped anyone wearing dreads - the notrious Rasta law - from entering the country.
so now we are all "informed" and can make our own decision about cancelling plans for the BVI and end this thread with a laugh at the suggestion.

iheartsstjohn,
I doubt that any tourist from the USA , would have or will boycott the BVI. Regardless of the outcome. However a Sport
fisherman sitting in jail for a year "is to say the least a little over the top". A little banter could help on the persuasion side of the coin for justice. I think we have bigger fish to fry.

There has been a week long hashing of this on Travel Talk On line, including some locals from the BVI's. The fine and or imprisonment is an absolute travesty as said. This wasn't a simple tourist though. He is a licensed captain and has worked on Jost in a dive operation. He knows those waters well. I would assume he plead guilty because he expected a fine and a walk and on with his life. Someone decided to make a point and he got caught in the cross hairs. It is unfortunate and hopefully now that they are getting bad press on it he will be released. There was another person arrested as well but he paid a large, inappropriate fine instead of serving the year in jail. There is nothing to stop enforcement officers and judges from applying this same level of enforcement to a normal tourist so if you are going to fish get the license.
Jay

Captain Jay,
I have fished the Atlantic side as a sport , for way to many years that I can remember. I've never had a license to do so. This is new and news to me, so in the future I will check. In the US, I know you need a license for fresh water fishing(rivers ,lakes) but not the Ocean for sport fishing.

In the US and BVI's its only inside the three mile limit. I have personally been guilty of this in the BVI's and would hate to spend a year in jail. So I will either quit fishing or buy the license on my next charter. According to the paper he got three months for not clearing customs and nine for fishing without a license. I suspect his sentence and fine will be reduced after an "appropriate" amount of time served. I suspect this was done for sole purpose of increasing revenue from license sales and customs compliance. It will likely work. Most people are motivated by Fear and Desire this one falls in the fear category.
Jay

Captain Jay,
I agree, and the beating of the drum on our side might a reciprocal effect on the fear side. If all else fails I think we can take them. LOL

Not clearing customs sounds like it's more serious then the fishing incident. Why would anybody try to get away with that?

Connie,
If your in a boat, fishing in their Territorial waters (you didn't clear customs). It's an add on for the prosecution.

The BVI is a foreign country. If you go, know the rules and abide by them... I go there almost every day and they're nice folks, not bogymen...
If you choose not to check in, your playing "BVI roulette"

Captain John,
Who said they were bogymen? I have never seen a mile marker in the ocean, could have been by accident that he crossed into their Territorial waters? Who Knows? The point is a year in the pokie for sport fishing and crossing into their Territorial waters is a little extreme. But you are right ( when in Rome do as the Romans do).

Connie,
If your in a boat, fishing in their Territorial waters (you didn't clear customs). It's an add on for the prosecution

Lizard...that's basically what I was saying. That sounds like the most serious offense for this guy. I'm just wondering why he would do something like that. He knew better I'm sure, although a 1 years sentence (maybe)? Come on.

Not only do you get arrested for fishing in the BVI without a license and for not clearing customs -last I knew you loose your boat as well!
This has been common knowledge for years!
We fish out on the drop alot as well, we do not fish in BVI waters, tho we would like to!

Just for the record, you ARE supposed to have a license for taking Yellow Fin Tuna from the waters in the USVI.

http://www.onepaper.com/stthomasvi/?v=d&i=&s=News:Local&p=1201843225

B.V.I. Premier Ralph O’Neal wasted no time recognizing one barrier, that of fishing rights in B.V.I. waters. The B.V.I. does not allow U.S.V.I. residents to fish within three miles of its shores without a license. Violators, who sometimes claim they’re unaware of the demarcation line, have had their boats confiscated, can face fines of up to $500,000 and have been imprisoned.
Barker is now in jail after pleading guilty to violating restricted waters. In a conversation with the Source earlier this month, Barker’s wife Deborah Barton said she and Baker spent the night on Sept. 23 near Jost Van Dyke, where he used to work, without checking in with BVI Customs and Immigration.
The following morning, the couple followed other fishing boats to a popular fishing ground. Later that day, she said B.V.I. conservation officers boarded their boat and arrested the pair for fishing inside restricted waters. Barton claims at the point they were boarded, they were unaware they were inside the restricted zone.
Baker was sentenced to nine months for fishing without a license, and three months for entering the B.V.I. without having cleared customs.
“We are very, very concerned about recent events,” O’Neal told the gathering. “We have to be respectful of the separation of powers, but we, who are part of the executive, will do our utmost best to get this sore all cleaned up as soon as we can. I beg you to give me a little time, and I tell Gov. John I will be reporting to him regularly on the progress being made.”
DeJongh said later he’s working on securing Baker’s release and saw the premier’s message as a positive sign. “I am hopeful [Baker’s] going to get out in a reasonable timetable.”

the bvi has been telling U.S. fishermen for years to not fish in their waters without proper documents,maybe this is what it takes for people to finally listen,ignorance of the law is not a valid excuse for breaking it, we all learned that in high school civics class,right now there is a ban on conch until janurary because of overfishing, the locals are upset because it will interfere with crucian xmas traditions and so of course you will have those who will break the ban and hopefully get caught,there is a reason these laws are put in place.