CYBA Webinar Oct 9th 2020- Contract

Board Director Jennifer Augspurger participated on the panel speaking at the CYBA Inclusive Charter Agreement V.2020.02: Click here to download.

    • Changes made:
      • Page 1 Broker now joins this agreement for Clause 10
      • Page 1 The Owner and Charterer have read, understood, and agreed to the terms
      • Clause 7: Broker is liable for funds on his account and stakeholder on theirs
      • Clause 10. C. ii. Cancelation is 35% of the charter fee. We changed 65% refund to 35% cancellation to make it less ambiguous in the case when the client only made one payment
      • Clause 10. C. If FM happens within 2 weeks of the commencement then the owner should communicate within 24 hours
      • Clause 12, Captain’s authority shortening
      • Added various “the” to the Owner, Broker, Stakeholder, and Charterer
CYBA: We, as an association, understand the importance of one standard agreement. This view has been also shared by many other players like Central Agents, Crews, and Owners. It is also a fact that the current COVID pandemic has accelerated this need. We all understand that in order to resolve situations like the one we are going through, standard terms and conditions are a must. The goal is to go through challenges as an industry and stay together.  

We have made a huge effort to try and listen to as many voices as we can. CYBA and other contributors to this Agreement have endeavored to really give attention to all points of view and as a result, many concessions have been made. However, it is also important to consider that it is impossible to address everyone’s point of view in one single document. We believe we have covered the most common scenarios in a fair and practical way, nevertheless, if a yacht owner or client has unique terms that are not covered in the Contract, then these can always be addressed in the Special Conditions.  

We look forward to the adoption of this Agreement by all players in the industry. We hope this contract will set the basis to grow our industry by providing more and clear terms to common scenarios we occasionally face.

Bill 33-0349  regarding the Tourism Revolving Enhancement Fund and potential passenger surcharges

Thursday July 23 O.Blake met with Senator Hodge to discuss his proposed bill of $2/person surcharge for USVI day-charters and $12/person foreign day-charter surcharge. Email sent requesting follow-up Aug 25th. No subsequent responses or replies to VIPCAs continued follow up.

October 5th Executive Director of VIPCA, O.Blake, Testified in Legislature against the Bill 33-0349  regarding the Tourism Revolving Enhancement Fund.

 

Thank you, members of this Committee, for providing the opportunity to speak. My name is Oriel Blake, and I am the Executive Director of the Virgin Islands Professional Charter Association, the non-profit supporting marine tourism businesses in the territory. VIPCA’s membership is 455 strong today comprising of 150 charter vessels, 185 yacht crew, and 120 marine vendor members all with their bases of operation in the U.S. Virgin Islands.

In principle, VIPCA agrees with the end purpose of the Tourism Enhancement Revolving Fund being the support of sustainable tourism development. Allocating money to the restoration and improvement of touristic and historic sites, parks, marine parks, Government beaches and marine excursions is undeniably needed. However, as we are not experts in Government management for sustainable tourism development, we cannot comment as to whether the administration of the fund should be from within the Division of Sports Parks and Recreation or the Department of Tourism. What we do know is that in order to avoid a change in strategy and direction every time there is a new Commissioner or Director appointed, then the proposed administration of the Tourism Enhancement Revolving Fund through either Director or Commissioner is unsound. To maintain continuity in the long-term goals of sustainable tourism a development plan should be, if anything, administered by a committee with public and private participation in order to be fully transparent. Furthermore, VIPCA is concerned with the source of funding for either a Tourism Enhancement Revolving Fund or a Territorial Park Trust Fund, since a connection has been drawn between Bill 33-0349 to Bill 33-0365 which provides for the implementation of a passenger tour excursion surcharge on excursions and boat tours. Were marine passenger surcharges to be considered the source of funding for the Tourism Enhancement Revolving Fund or Territorial Park Trust Fund, then VIPCA would be strongly opposed to Bill- 0349, regardless of from which Department it is administered.

Further, we are concerned that if the restoration of historical sites are included under the same category as the improvement of parks, marine parks, beaches and marine excursions etc., then, since upward of $4 million would likely be needed for the restoration of Catherineberg Kings Quarter alone, the shorter- and medium-term tourism development funding objectives will never be reached. Instead an historical site grant should be independently sought with allocation from the General Fund, and not from a Tourism Enhancement Revolving Fund which we pre- empt shall seek taxes and surcharges as its fund source.

As for the funding of marine parks, Government beaches and marine excursions this needn’t be provided through a new funding source required for the new Territorial Park Trust Fund, but by levying current and existing taxes and fees by the all Government departments and these channelling into the Division of Sports, Parks and Recreation or Department of Tourism directly. Speaking for marine tourism, the annual direct economic contribution through fees collected by the Department of Planning and Natural Resources, Department of Licenses and Consumer Affairs, Port Authority, National Park, the USCG and IRB is $17,615 per vessel. For 150 week- term-charter yachts this equals $20 million and $15 million additionally by all day charter or excursion yachts. That is $35 million dollars direct economic contribution per year. Were each Government Department to tighten their administration of taxes and fees, they could avoid evasion, and their consistent fee application would increase Government revenue. Focus then could be put into working on what is required to increase the volume, the number of tours and the number of passengers. This is what will raise monies for the funding of marine parks, Government beaches and marine excursions, not by creating a new Fund.

Vote against Bill 33-0349 if you believe that, while recognising investment into sustainable tourism development is required, the Tourism Enhancement Revolving Fund with its proposed amendment of administration, is too broad, questionable for its transparency, and without tenable funding sources.

VIPCA Marine Apprentices hit front page Daily News

V.I. Professional Charter Association Apprentices Graduate July 28th

https://stthomassource.com/content/2020/07/28/v-i-professional-charter-association-apprentices-graduate/?fbclid=IwAR3Adxlj8CjippCR8DnJRLOVtEsWbKwXLxQbJrLINUwA0CxEr5AwA8zZtck

Rev Sanitation Services

REV SALES SHEET 2

www.revsanitation.com revsainitation@gmail.com Ph. (340) 277 3968

Not all disinfectants and mold recovers are created equal. We use a unique chemical compound called chlorine dioxide. Chlorine dioxide has been used during Anthrax attacks, in at the aftermath of Hurricane Katrina, to purify drinking water, and most recently to kill MRSA in schools and hospitals. While other competitors and manufactures have attempted to copy and produce a form of stabilized chlorine dioxide similar to our product, however our products revolutionary formula is simply unequaled. Also consider carefully what kind of chemicals you want around your children, employees, guests, students, friends, and family members. When evaluating and comparing disinfectant products, take a close look at their core ingredients. Most disinfectants and mold removers on the market are extremely toxic and leave behind harmful byproducts and nauseous fumes.

The product we use however, you no longer need to use bleach and other harsh chemicals that increase the volatile organic compounds (VOC’s) in your environment. You can have the peace of mind that you are using a disinfectant that won’t irritate your skin and doesn’t come with any alarming safety warnings and precautions, while still effectively eliminating pathogens and allergens in your home and workspace.

WHY IS ELECTROSTATIC SPRAYING SUPERIOR?

Our patented system places a powerful electrostatic charge on the disinfectant as it leaves the spray nozzle creating a greater adhesion and attraction to the target area. The product will stick to the front, back, sides, and underneath the area without spraying it directly, giving you complete coverage. This system allows for efficient spraying saving you time and money, and is the industries leading application system.

WHY OUR PRODUCT IS SUPERIOR?

www.revsanitation.com revsainitation@gmail.com Ph. (340) 277 3968

HOW IS OUR SERVICE BENEFICIAL TO YOUR BUSINESS?

• STOP USING HARSH CHEMICALS ON YOUR EXPENSIVE INTERIORS!

• Our product is safe for all your soft and hard surfaces and will not damage surfaces like other harsh chemicals such as bleach, extending the life of your asset.

• GIVE YOUR GUESTS THE PEACE OF MIND AND COMFORT KNOWING THEY ARE SARE IN A COMPLETELY COVID-19 FREE SANITIZED SPACE!

• Your guests will rest assured knowing that we concentrate 100% on sanitation and have an electrostatic delivery system that will cover even the most hard to reach and over looked surfaces.

• PROTECT YOURSELF FROM LIABILITY CLAIMS!

• Lability lawsuits whether it be a guest or your own staff are some of the hardest to defend, taking up a lot of time and valuable resources. Our company will act as an additional layer of protection by using the BEST technology and chemical in the industry that is EPA approved for hospitals yet safe enough for daycares.

• QUICK AND EASY APPLICATION SYSTEM SAVES YOU TIME AND MONEY!

• Studies have shown that our delivery system is 17 times faster then spraying and wiping.

Another way to think about it is it takes 17 man hrs to do to the job that one of our delivery systems can do in an hour with electrostatic technology. Don’t sacrifice the quality of your sanitation services for a quick turnaround.

• PROTECT YOUR GUESTS, YOUR STAFF, AND YOUR INDUSTRY!

• Its inevitable cleaners will get tired after a long hard day. Too often cleaners only have a short amount of time to complete all their cleaning (and now sanitation) tasks before the next check in. Undoubtably they will forgo sanitizing every surface and may only wipe the high touch surfaces like counter tops and door knobs, yet forgo the underside of the table where little Johnny COVID wiped his dirty hands. Having everything ready for your guests is paramount to guest experience, that includes SANITIZING EVERYTHING! Protect your guests, your staff, and your industry with REV Sanitation Services.

EFFICIENT: PEOPLE NEEDED TO COVER 54,000 SP. FT. IN 1 HOUR

Spray and Wipe Clorox 360 REV Sanitation Sprayer Services

Length of Vessel One Time Service Reoccurring Service Agreement

Charter Boats 0 < 49ft $ 150 10% discount

49 < 400 + $5.00 ft 10% discount

For large service contracts from Management Companies please call us at (340) 277-3968

Visit our website at www.revsanitation.com

Press Release: by US CBP on Regulated Garbage, May 5, 2020

Press Release: by US Customs and Border Protection, May 5, 2020

The United States Department of Agriculture, Animal and Plant Health Inspection Service (APHIS) recognizes the unprecedented challenges the current COVID-19 pandemic poses. However, we must also remember there are other diseases that can affect our food chain, like Foot and Mouth Disease (FMD), African Swine Fever (ASF), New Castle, as well as plant and fruit (Med FLY) diseases.

The United States Department of Agriculture, Animal and Plant Health Inspection Service (APHIS) regulates foreign garbage that is of plant or animal origin, including food scraps, packaging materials, and any items that have come in contact with these materials.

Private vessel owners are reminded that regulated garbage cannot be thrown into domestic garbage containers or disposed of at the local landfill. Regulated garbage must be handled by an APHIS-approved facility that is capable of incinerating or sterilizing the garbage.

Vessels owners arriving from foreign to US Virgin Islands must ensure that all foreign garbage is placed in covered leak-proof containers and within the vessel railings while in U.S. waters.

In view of the above, if you need to off-load your garbage at a USVI port of entry, please notify CBP Agriculture Specialist Unit for guidance. For the St. Thomas/St. John area, please call 340-774-4554, for St. Croix USVI area please call 340-778-1696. You may also contact the CBP Agriculture Unit Supervisors:

St. Thomas/St. John oniquee.winston@cbp.dhs.gov

Supervisory CBP Agriculture Specialist

340-774-4554 (O)

340-626-1542(C)

St. Croix nikki.j.thomas@cbp.dhs.gov

Supervisory CBP Agriculture Specialist

340-778-1696 (O)

340-474-9487 (C)

*In addition, for the St. Thomas/St. John area you may contact Mr. Nate Fletcher, approved permit holder and hauler for the USVI National Park at 508-202-3953.

The hauler will transport regulated garbage to the approved USDA handling facilities at Yacht Haven to ensure proper handling and disposal.

In accordance to regulatory requirements, all off-loaded garbage can only be handled by establishments authorized by APHIS to properly dispose of this material and must only be placed in containers labeled “Foreign Garbage”, “Regulated Garbage” or “lnternational Garbage”.

Dumping of foreign garbage into U.S. territorial waters or non-designated garbage receptacles is illegal, and under Federal law subject to fines. 

Other mitigating measurements

Vessels may remove or “purge” their stores and garbage and disinfect, if required, to attain “domestic status.” By purging their stores and garbage, vessel owners are provided an opportunity to reduce their costs associated with garbage removal. Vessel owners wishing to have their vessel arriving from foreign countries purged must contact the local CBP office listed above. Vessels may also be purged after travel from Hawaii or a U.S. territory or possession if PPQ, CBP or APHIS designated inspectors are available. However, the purge is only valid while in Hawaii or the U.S. territory or possession where the purge occurred.

You may also visit USDA https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information/regulated-garbage/ct_regulated_garbage

Please note that CBP will continue to evaluate the situation and provide updated guidance as appropriate.

VIPCA works on Regulation of Certain Garbage for waiver for VI yachts

The Regulation of Certain Garbage (CFR Title 9 Part 94.5 and Title 7 part 330.400-330.401) is currently being enforced by CBP outreach subsequent to an order by the U.S. Department of Agriculture. Enforcement is for ALL U.S. Ports, which includes the U.S. Virgin Islands.

This is not a local CBP vendetta against yachts in the territory, moreover application of a federal law with increased enforcement owing to the COVID-19 pandemic.

This weekend VIPCA has been in communication with both the Director of VI CBP and the Governors’ Office. Resultantly the U.S. Department of Agriculture has been contacted and it has been explained to USDA that the majority of vessels presently in USVI waters have garbage which was provisioned locally and not international, as they have been “in-place” for at least two months. The regional Agricultural Specialist will be able to determine whether a “technical waiver” may be provided to those yachts.

IYBA Webinar – VIPCA Presenting

https://www.bigmarker.com/iyba/Charter-Destination-Update?bmid=399dba4a4511

VIPCA’s executive director Oriel Blake presented at the IYBA webinar on Charter Destination Update with 259 registered participants.

 

Airlines Resume Service to the U.S. Virgin Islands 

VIRGIN ISLANDS PORT AUTHORITY 

ST. CROIX | ST. THOMAS | ST. JOHN UNITED STATES VIRGIN ISLANDS GATEWAYS TO THE U.S. VIRGIN ISLANDS’ ECONOMY 

NEWS RELEASE 

Contact: Monifa Marrero-Brathwaite | Public Information Officer 

(340) 774-1629 or 340-244-1065 

info@viport.com / www.viport.com 

May 1, 2020 

Airlines Resume Service to the U.S. Virgin Islands 

After several weeks of reduced airlift to the U.S. Virgin Islands due to the coronavirus pandemic, the Virgin Islands Port Authority has been notified that air service to the USVI will resume this month. VIPA provided the following update regarding the airlines that service the territory: 

  • Air Sunshine is providing flights to foreign Caribbean islands based on demand. 
  • American Airlines is operating one roundtrip flight per day from Miami, FL to St. Thomas and one flight a day from Miami, FL to St. Croix. American will have no flights to the territory on May 5 and 6 and will resume service on May 7. There will be no Tuesday flights during the month of May. 
  • Cape Air is providing service between St. Thomas, St. Croix, and San Juan with cancellations as necessary based on passenger loads. 
  • Delta Air Line will resume service on May 2 with roundtrip service between Atlanta, Georgia and St. Thomas and Atlanta to St. Croix. Beginning May 8, Delta will provide flights to St. Thomas on Fridays, Saturdays and Sundays. Service to St. Croix will remain on Saturdays only, via a connecting flight from St. Thomas. 
  • JetBlue is providing service between St. Thomas and San Juan. 

VIPA NEWS RELEASE MAY 1, 2020 PAGE 2 

  • LIAT has extended its suspension of service between Antigua and St. Thomas until May 15, 2020. 
  • Seaflight will provide service between St. Thomas and St. Croix on demand. 
  • Silver Airways (Seaborne) is operating its airport and seaplane service with cancellations as necessary based on passenger loads. There will be no seaplane service on May 2 and May 3. 
  • Spirit resumed roundtrip service from Ft. Lauderdale to the USVI today, May 1. The flight will arrive in St. Thomas, connect through St. Croix, and return to Ft. Lauderdale. Spirit will provide service on Mondays, Fridays, and Saturdays during the month of May. 
  • United Airlines will provide a roundtrip flight from Houston, TX to San Juan, then to St. Thomas beginning May 8. 

VIPA encourages travelers to call their airline directly for updated flight information before arriving at the airport. Travelers are also asked to adhere to federal and local health guidelines for travel and wear masks while traveling. In addition, travelers are encouraged to arrive on time for their departures as staffing for federal screening services has been reduced. 

The Virgin Islands Department of Health and the Virgin Islands National Guard will be conducting screening of all arriving travelers throughout the month of May. VIPA will continue to work closely with all stakeholders to ensure a safe experience at the territory’s airports for the traveling public and the airports’ tenants and employees. 

 

 

https://viconsortium.com/vi-travel/virgin-islands-major-airlines-other-carriers-resume-service-to-usvi-this-month-port-authority-says

updated Department of Natural Resources (DRNA in Spanish) 2020-07F order for Puerto Rico’s marinas following the latest governmental ordinance:

We have received the updated Department of Natural Resources (DRNA in Spanish) 2020-07F order for Puerto Rico’s marinas following the latest governmental ordinance: COMUNICACIÓN-NÚM.-2020-07F-Marinas-DRNA-17-ABR-2020
1) Recreational boating is prohibited no matter what until lockdown is lifted
2) Haul out services may be provided granted you have a reservation that dates March 14 or before. Evidence must be provided regarding the reservation date and the vessel must remain hauled out for a minimum of 120 days.
3) You are allowed to bring your vessel back to a Puerto Rican marina from a jurisdiction other than Puerto Rico if it is your official designated “homeport”
4) Only commercial fishing and relevant essential authorities are allowed free transit into marinas.
5) Vessels purchased by Puerto Rican residents before March 14 at other jurisdictions will be allowed into Puerto Rico.
PUERTO DEL REY MARINA & SHIP YARD: DRNA has amended the Communication, now 2020-07F that states that vessels that have Puerto Del Rey as their homeport or had confirmed participation in Hurricane Tie Down before March 14, 2020 may come to Puerto Del Rey, spend two weeks in quarantine and then be hauled out. Should you choose to wait until after May 3rd, PDR will not be able to confirm a specific haul out date. If you agree to being hauled out, please write to us at boatyard@puertodelrey.com at the earliest practical time, so we can schedule a mutually convenient date and time.
– Immediately: Email boatyard@puertodelrey.com and marina@puertodelrey.com confirming you are in the Marina and wish to haul out.
– Arrange for stay while your vessel is on land. There are no live-aboards allowed in the tie down area. Subject to availability, the Marina has apartments and suites available for rent (also subject to additional COVID-19 restrictions under OE-2020-033). Please write to marina@puertodelrey.com for further information.
– 48 Hours BEFORE haul out: o Mark vessel with tape where Travel-lift slings must be placed.
– Purchase of straps- These may be delivered to the vessel. Please email boatyard@puertodelrey.com with the number of straps you need and payment form.
– Make sure you have proper personal protective equipment (masks and gloves).