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Next expulsion of the sailboats from the outumaoro anchorage

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Press release of the Association of Sailors in Polynesia after the information meeting of October 29 at Vairai Park in Outumaoro

Press release

Papeete, 03 November 2019

At a conference held on Tuesday 29 October at Vairai Park, the Minister of Housing and Land Development Jean-Christophe Bouissou announced the imminent expulsion in the middle of the cyclonic season of sailboats from the anchorage of Outumaoro, commune of Mr. Punaauia.

 

The Association of Sailors in Polynesia (AVP) welcomes the Minister's concerted efforts and the willingness of the government, town halls and administrative services present.

The AVP understands the ministerial will to move the sailboats present at the outumaoro anchorage. However, this cannot be done without a realistic and viable fallback solution being offered to the sailboats concerned.

To our knowledge, the mooring area is used by a wide variety of users:

  • It is essential for temporary use: many sailboats are there for technical reasons, for a few days or weeks. This use should be preserved and secured by dead bodies for passing sailboats.
  • Sailboats have chosen this location to make a stopover along, sometimes very long. Families live there, children are in school, people are working. We have to take these social realities into account and we have heard that those in charge are sensitive to them.
  • Due to the lack of marina places and dead bodies, some boats are waiting to find a better solution. It is never pleasant to leave your boat at anchor for a long time unattended during the cyclonic season. This is a situation that any responsible boater will try to avoid. Some boats are too big for dead bodies (which are not calibrated to withstand large tonnages) or on the contrary, too small to bring in enough money (dead bodies are charged according to the size of the boats).
  • Finally, boats in very poor condition have taken refuge there. Wreckage is a problem for all and the country must have a legislative apparatus and a deconstruction system in order to free up places for sailing sailboats, avoid the disastrous image of their abandonment, limit the danger to navigation and pollution that would represent their sinking. We know that the government and the blue economy are working on it.

The AVP proposes to the Minister, his advisors and his services, a study with the aim of getting to know the sailboats actually present on the premises, by making a list of the current situations and expectations of each user. It will make it easier to relocate sailboats in the best possible situation.

The Minister announces that he will not be able to offer a similar surface area around the urban area of Papeete, either in Vaitupa or along the runway at Faa'a airport. Only 60% of sailboats will find a place. It must be possible to propose a similar surface around the urban area of Papeete, where all the sailboats of Outamaoro will find a place, although less practical. Polynesia has not yet taken the full measure of the influx created by the 36-month exemption from import duties and taxes and has fallen behind on the infrastructure required to develop a tourism boating sector.

In his speech, the Minister reiterated his desire for real consultation, thus opposing the old practices. Out of any controversy, the AVP wishes to obtain an appointment with the Minister to technically study pragmatic solutions to problems that concern all users of the maritime public space.

But more broadly, the Association of Sailors in Polynesia warns the government about the need to involve the population of Tahiti and islands in the integration of sailboats and water tourism. The current stigma will not lead to anything desirable. All studies show that sailing is one of the most ecological tourist lifestyles and that the quality of bathing waterin the Lagoon of Punaauia has improved steadily while the number of sailboats has increased.

Stéphane Renard, the coordinator of the Maritime Cluster of French Polynesia, presented a few days ago the figures of water tourism:

Water tourism is undeniably a growth driver. In his article Maritime and Maritime Tourism in Polynesia: crucial for economic development, he wrote in June 2017, two and a half years ago already: "Nevertheless, the growth of these segments cannot be envisaged without a new phase of reflection and major structuring, in view of operational difficulties, social acceptance, or environmental preservation that additional flows would not fail to pose. »

Sailboats are fully prepared to make many efforts to preserve their environment. They are very aware, perhaps more than the people who live on earth, of their impact on nature. Their way of life is often sober, demanding and people who travel are often open to others, curious to meet other cultures. It is in this spirit that the Association of Sailors in Polynesia has adopted a charter of good conduct of the boater in Polynesia. It promotes rules and practices so that "living together" is not merely a vain word but a way of life shared by all.

Bora Bora: a loose moorings

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The Association of Sailboats in Polynesia is closely following the accident at the "Archer" sailboat in Bora Bora on July 2, 2019.

According to the owner, the dead body broke. He had been assured that the dead body was new, which does not seem to be the case!

Mr. Seth Hynes (American who left Boston 9 months ago with his wife and daughters) and who, upon arriving in Bora Bora, took a dead body in front of the Yacht Club while paying the fee claimed by the area manager. When they came back from dinner at Bloody Mary, their boat was gone.

The dead body broke and the boat drifted to a bungalow at the Pearl Beach Hotel in Bora, where it caused damage.

The catamaran, a last generation OUTREMER, suffered serious damage and repeated contact against the

bungalow opened a gaping hole of more than a metre at the bridge and liston.

The buoy manager would have discharged any responsibility on the grounds that the boater should have been on board during the incident because there was strong wind...

 

Le CATAMARAN ARCHEY est endommagé à Bora Bora

Séjours gâchés pour une famille américaine qui avait prévu de passer 4 jours de rêve.Des le 1er jour juste de constater les dégâts...D'après le propriétaire c'est la corde du mouillage qui est vétusteheureusement pas de victime mais des dégâts au niveau du catamaranet aussi de 2 bungalows appartenant à un hotel. La femme et ses 3 enfants seront pris en charge par un couple de Bora Bora, le catamaran est actuellement au quai de Farepiti.....Stranded stays for an American family who had planned to spend 4 dream days.From the first day just to see the damage that could exceed 40 million peaceful.According to the owner, it is the mooring rope that is obsoletefortunately no casualties but damage to the catamaranand also 2 bungalows belonging to a hotel. The woman and her 3 children will be cared for by a couple of Bora Bora

Posted by BORA BORA PARAU API-News. on Wednesday, July 3, 2019

You can follow the family's adventures on facebook: https://www.facebook.com/the.sailing.family.voyage

It seems to us that the responsibility of municipalities and public space delegates is engaged when boaters are forced to use infrastructure that is poorly protected.
It would seem that this is also the opinion of the catamaran's insurer who should naturally turn against the buoy manager.
Dead bodies must be revised and properly sized to withstand mara'amu blows, far from being exceptional during the tourist season.

The manager must therefore naturally take responsibility from the moment he charges for the stay on his buoys and must of course be insured for any damage that would occur in the event of a rupture of a dead body.

This incident must definitely set a precedent among all those who think that it is enough to force the sailboats to put themselves on a fleet of dead bodies to carry out an excellent financial operation ...

We wonder, on the other hand, about the conditions for awarding the contract by the municipality: no tender to our knowledge and none of the conditions for managing the moorings published on the official newspaper respected (display of rates, insurance etc.).

Case to follow very closely! What we're going to do and are sure to keep you up to date.

Responses to the Utility Survey (long version)

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A link to a human translation in english

PGEM Moorea 2019

List of observations to be transcribed in the public inquiry register

The table below summarizes a set of observations that could be forwarded to the Investigating Commissioner for inclusion in the Public Comment Register for the Moorea MSEP review project.

It consists of three parts:

  • First, the observations about boating,
  • then observations relating to the conduct of the investigation itself (timetables for access to the observation register, incompleteness of the file under investigation, etc.);
  • and finally comments on the content of the file, which do not directly concern boating.

You don't need to repeat all the observations: you just need to select a few, which you think are most relevant to your point of view.

It is also not necessary to copy them in full: an abbreviated but understandable version is sufficient.

You can of course add other elements that are not in the table: in this case, avoid all personal attacks or against the inhabitants of Moorea, as well as against other lagoon activities.

You can put them directly in writing on the register of the investigator: in this case, you will have to travel to the days and times provided for this (in Papeete for example, it is April 15 and 16, in the service of Urbanism; in Moorea, it is between the 17th and 27th of A.C. ril, in the various town halls).

You can also mail them directly to the investigating commissioner at:

Mr Gaspard PONIA

Ccommissioner-Investigator PGEM Moorea

Planning department, bat. A1

11 Commander Destremau Street

BP 866 Papeete 98713 Tahiti

Finally, you can deliver them to the AVP, by mail (BP 3691, 98713 Papeete) or to a member of the Bureau, who will give them to the Investigating Commissioner herself during an interview with him.

It is IMPORTANT to have a maximum of individual participation: the effect of mass and mobilization, knowledge of the imperfections of the file, proposals, ... are the safest chances to move things in a positive direction and get a last-minute consultation.

Offending text

Comments

Specific boating observations

Appendix 2: Quotas for moorings:

There is no justification for how wetting quota figures are determined. No scientific studies are provided that determine these figures. No recognized association of boaters has been associated with determining these figures.

They are therefore arbitrary or more likely the only stated will of the municipal team.

The justifications, methods and studies must, if they exist, be made public.

Article 50-II-1: Dangerous moorings in the middle of the two bays:

These moorings would be carried out by 30 to 40 meters deep, against a background of mediocre holding.

It is totally unaware of how to anchor a boat and the proof that boaters have not been consulted: good mooring practices are:

- good weather, good background, one person on board: 3 times the height of water

- ditto, shore crew: 5 times the height of water

- bad weather: 7 times the height of water

Sailboats carry an average of 30 to 80 metres of chain (weight limitation), which is a safe mooring capacity of about 15 metres deep.

The moorings in the middle of the two bays of Cook and Oponohu are therefore impossible, except for very large units (25 m or more) or in total flat calms. An obligation to use them would be a danger to the lives of others ...

Wetting should be chosen in other shallower areas.

Appendix 2 North-south distribution of moorings (60/13):

The vast majority of lagoon activities are located north of Moorea.

And the majority of the imposed mooring areas are also north of Moorea...

Why does the PGEM not balance the quotas for north and south moorings?

In addition, the current distribution disadvantages sailboats coming from Tahiti, where most of the local sailboats are located.

Advance information on the occupancy of the moorings:

There is no provision for the PGEM to provide for the boaters' prior information on the actual occupancy of the moorings.

How will sailboats know that the proposed anchorage is already complete?

Practical impossibility of respecting and controlling these quotas:

- sailboats arriving at nightfall will wet there even if the quota is already reached

- a possible controller will be unable to determine which boats arrived last, in case of a violation of the quota

General discrimination:

The law obviously allows for differences in rules for different situations; we must not exaggerate:

- Boating, which is not the subject of any negative remarks in the report on the experience of the PGEM for the period 2004-2013 "ELEMENTS FOR A DOCUMENT OF OBJECTIVES AND ACTIONS PRIORITYS, PGEM Association, 2013" is being applied drastic measures, uncoordinated and unjustified.

- The fishing activity, whose preamble to the text of the PGEM explicitly states that the lagoon is in a state of over-fishing, is seen after 5 years of consultation simply imposed to set up a committee to propose measures, without any indication delay.

This difference in treatment is not acceptable.

At a minimum, boating needs to be treated as a fishing activity, with the establishment of a committee to make realistic proposals in terms of quotas, charters of good conduct, equipment, within a few months.

Article 50-1, paragraph 2: Systematic review of quotas every year:

This boating-specific measure is clearly discriminatory: other lagoon activities are not subject to this requirement, without any justification. This, coupled with the municipality's publicly declared desire to remove sailboats from the lagoon, demonstrates the lack of impartiality that prevailed in the drafting of the PGEM text.

This measure must be removed.

Preamble, penultimate paragraph: Consultation (lack of):

"In order to ensure a review based on efficient consultation, the Commune (with the help of the RESCUE and INTEGRE projects) has defined a methodology for identifying the targets and actors of this revision." Clearly, this methodology (for which no practical information is given) was a failure, because it did not identify the AVP (the only association representing boaters in French Polynesia since 1981), nor for that matter the Yacht Club of Tahiti or the Tahitian sailing federation, also impacted by the PGEM.

It can be concluded that the measures concerning boaters were "studyed" without them: consultation on this level was therefore not efficient or non-existent.

The municipality has finally agreed to participate in an informal information meeting organized by the AVP on June 16, 2017, the final report of the PGEM is dated June 22, 2017.

The AVP requests to be associated with the review of the MMP.

Tourism policy:

The favourable opinion subject to the Moorea-Maiao town hall was issued on 13 September 2018: according to the press, the mayor sets out a position totally opposed to the presence of sailboats in the Moorea lagoon.

The Government's stated policy ["Objective 2: to develop boating and cruise activities" (actions 29 and 30). Similarly, the segments of water tourism (pleasure, charter, yachting and cruising), despite a notable development over the last 5 years, still have a very significant growth potential.... (DEBAT OF BUDGETARY ORIENTATION PREALABLE TO VOTE OF BUDGET PRIMITIF FOR EXERCICE 2018, REPORT OF GOVERNMENT, October 11, 2017) is to further increase the presence of sailboats in Polynesian waters. The Windward Islands (so necessarily Tahiti and Moorea) will therefore see even more sailboats if the wishes of the Government come true.

How is it envisaged by the PGEM to bring these two clearly irreconcilable positions together?

Fairground moorings:

The 2004 version of the PGEM allowed fairground mooring on sand bottoms, and rightly so, since it is widely recognized that anchors do not do damage to the sand bottoms. This possibility no longer exists in this version of the revised EMeP, without a single substantiated justification for this decision.

This possibility of fairground mooring, in reasonable areas, must be restored.

Land access:

Just as the PGEM rightly plans to preserve access to the sea, it must also provide for access to land in mooring areas: for safety reasons (approach of motorized annexes near possible bathing areas) , for simple economic reasons (crew access to shops, bars and restaurants, land-based tourism providers, paid land services (garbage, water, sanitation, etc.).

This must be included in the PGEM text.

Article 6-I-A Members of the Standing Committee:

While boating is the subject of several pages in the pGEM text alone, it is not entitled to a single representative with a deliberative voice:

Boaters ask for a representative on the standing committee, with a deliberative vote.

Article 50-I, paragraph 4 Fee:

Boaters are not opposed to the principle of a levy. They simply ask to be truly associated when establishing its terms and conditions, whether on a local basis (depending on the services provided), or on a global basis (permit to circulate ...).

Article 49, paragraph 1: Discrimination commercial /amateur boating:

"These zones aim to organize and manage recreational vessels for personal use, i.e. for leisure or sport and for non-commercial purposes ... ».

Given the vagueness of the writing, two readings can be made:

- commercial boating (charters, AirBNB rentals, etc.) cannot use organised areas, and is de facto totally excluded from the Moorea lagoon since there is no article dealing with its case in the rest of the PGEM text;

- commercial boating is free of all constraints, the limitations set in the text apply only to amateur boating. De facto, charters and other AirBNB can wet anywhere (or almost) on sand bottoms without limitation of duration.

It is therefore not possible to read: commercial boating has the same constraints as amateur boating. This discrimination is questionable, these two forms of boating generating the same problems vis-à-vis the lagoon in the context of this PGEM ...

Public inquiry procedure

Ministerial Decree 558 MLA of January 21, 2019

Access to the observation register:

The observation register is not available to the public at all times, but only during the few and short physical presences of the Investigating Commissioner in each location.

This is totally unusual in public inquiries. This is contrary to good public participation in the investigation.

What were the reasons why the register was permanently made available?

Ministerial Decree 558 MLA of January 21, 2019

Dematerialization of the public inquiry:

While the Government wants a more efficient administration and closer to citizens, through the use of the Internet, the public inquiry of the PGEM of Moorea is not available on the Internet, while there are "turnkey" tools to do so.

Why is this possibility, allowing simple, complete and permanent access to the file and register, not implemented, since the legislation does not seem to oppose it?

Ministerial Decree 558 MLA of January 21, 2019

And

Article 1

The public inquiry file is not complete:

Order 558 MLA of 21/1/2019, Article 2, indicates the composition of the file: "Exhibit 1, Presentation Report (...)". The presentation report, in Article 1, speaks of five maps to define the PGEM entirely: therefore, "the map of general vocations that sets the broad orientations of the lagoon space" is missing. The absence of this card does not allow the citizen to judge whether the 4 cards provided are in agreement with the missing card.

Why did you fail to attach this card to the investigation file?

The public inquiry file is not complete:

The favourable opinion subject to the Moorea-Maiao town hall was issued on 13 September 2018: it should already be included in the investigation file (and/or the register) and be consultable by the citizens: this was still not the case on the date of the (today). It is also not available via the Internet.

What are the legal (or not) reasons that have prevented the inclusion of this document, which is extremely important for the complete information of the public on the future of certain lagoon activities that may be called into question as soon as the final publication of the PGEM, in the public inquiry file?

Appendix 1

The public inquiry file is not complete:

Appendix 1 refers to many documents via "hyperlinks", which are obviously not active in a document ... "paper." The file submitted to the public inquiry should therefore also contain these documents, the consultation of which seemed important enough to the drafter of the MSP submission file to take the trouble to link them computer.

Why arethese documents not attached to the file?

Article 4

The public inquiry file is not complete:

Article 4 states: "Transitional provisions: Administrative authorizations issued prior to the entry into force of this text and which do not comply with it remain applicable until the date of the XXX. ».

The absence of the date of the XXX, highlighted in yellow in the document, prevents the citizen from making an informed judgment on the application and possible consequences of this provision (there is an essential substantive difference in the sense that Article 4 would take depending on whether one would remember the date of 31/12/2019 or that of 31/12/2029 (equivalent to: no compliance will be required by example , by example , by which one would be required by the date of 31/12/2019).

How can the citizen issue an informed opinion on the document presented to the investigation without this crucial information?

Copy of the file:

Why is it not permissible to obtain a copy of the investigation file (in full paper or computer version)?

On the other hand, it is allowed to make a photograph, but not a photocopy.

Ministerial Decree 558 MLA of January 21, 2019 Address of the Investigating Commissioner:

While in other public inquiry files in French Polynesia the precise and complete address of the investigating commissioner appears in the ministerial decree and in the notices circulated by press, here it had to be specifically requested by email.

This omission is in addition to the other observations above and does not facilitate the expression of citizens' opinions.

Presentation folder - Items not specifically for pleasure

Relevant authorities:

The term "competent authorities" is used repeatedly in the text of the PGEM.

It is essential to make it clear in a paragraph to add that the Municipality of Moorea is never included in this term, which will therefore only concern agencies of the country .

Article 2 Geographical limits of the MLP:

The definition of the PGEM limit increases from the bathymetric depth of 70 m to the distance of 250 metres from the reef ridge. Nowhere is the reasons for this change of limits indicated.

Again, the public's information is incomplete.

Article 2 Limitations of the MLP:

Is the 3-metre inalienable coastal strip included in the MLP area of responsibility?

Article 8 Future manager of the PGEM

After 14 years of existence, and 5 years of revision, the proposed PGEM text is unable to define the management system to come: the municipality of Moorea is only "identified" as a possible manager! While there are potentially other possible solutions (private structure, association structure, country body, etc.), the file proposed for public inquiry leaves in the most complete blur this part essential to the effective implementation of the I'm PGEM.

Worse, the solution of the common manager "will be discussed with the government": what if the government refuses? No fallback solution, no time limit is indicated.

It is therefore difficult for the public to comment on such a dislocated issue.

The text of the PGEM is therefore notoriously incomplete, and must be taken up and finalised.

Article 7, paragraph 1 Appointment of Standing Committee members:

"If there is a disagreement over the appointment [le maire]of a member, it appoints a member." This drafting would allow the mayor to designate the entire office in case of multiple disagreements ...

Why not let the Committee decide, not the Mayor?

Article 10 Speed:

The "frequented areas", where the speed is limited to 5 knots, are not defined: the word "frequented" is not explained without the slightest ambiguity, which allows all interpretations, and therefore the inapplicability of this rule.

It has to be totally clear, it is a major security issue.

Article 12 Networks:

The protection zone for underwater networks (anchor ban) is not defined in metres in the text of the PGEM, again entailing risks to the safety of these cables.

This information must be explicitly included in the text of the PGEM.

Article 43, paragraph 1 Fishing:

While the PGEM has a 15-year experience, and a 5-year review period, it has not been possible to set the constraints for the "fishing" activity in this PGEM: only the establishment of a committee to make proposals within an undefined time frame is envisaged. This is clearly a blank cheque for this activity, and an encouragement to overfishing denounced in the introduction of the document. This is what the Territorial Chamber of Auditors says in its 2017 report on the country's environmental policy: "Experience has shown that The PGA and PGEM, as they are designed, are more of the tools for organising space and less protection of the natural environment."

MLPP funding:

Nowhere does the file presented to the public inquiry address the issue of funding: the public (taxpayer) is absolutely not informed of how much the MMIS will cost, or how it will be financed! Total uncertainty about the future manager does not improve things.

For example, the RESCUE study (2016, not attached to the public inquiry file) on paid moorings concludes that it is very difficult to simply balance the accounts for the collection of this possible recipe...

Why is there no encryption element in the submission file submitted to public inquiry? Will the people of Moorea be the only ones paying for this PGEM? The investigation file is incomplete.

Revision:

Article 8 of the 2004 MLP has disappeared (it provided for the possibility of an exceptional revision, other than the 10-year review)

We call for his recovery

Article 48-III Seaplanes:

"Any new authorization to land and take off on the aircraft lagoon is prohibited. »

Without being a specialist in the matter, this formulation seems largely tainted with illegality...

Comments in pdf

Bora Bora anchoring regulation

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In summary

All vessels over 10 m. and under 20 m. must anchor in the areas dedicated to the authorized anchorage. Beyond 20 m. Ships must use the "Yacht anchorage areas".

There is an obligation to declare all vessels on arrival and departure from Bora Bora.

Two areas are "free": the Faanui area and the Hitiaaa area. The anchorage is strictly limited to five vessels. The period of stay of vessels in this area may not exceed 36 hours.

The other five zones are granted to Bora Bora Mooring Services, which has installed 77 BBMS-referenced and numbered buoys to date (November 18, 2019) and plans to install 105. The night is 3000 CFP/day. According to other sources it would be $50 for 3 days and $100 for a week.

For all requests for services: waste management, drinking water, and emptying or for all buoy reservations, please contact : Francis HAZLEHURST, BBMS controller agent, Tel: 89 44 08 888 or by email: francis.bbms@gmail.com and VHF 9
For water, the points of sale for prepaid cards are: Matira Jet Tours activity office, next to the Air Tahiti agency, at Bloody Mary's restaurant or BBMS agency.

We asked Bora Bora Mooring Service, to produce his insurance. He replied (18/11/2019) that he was insured by Helvetia. The broker who manages all our insurances is the company ASSURCARE, represented by Mr Hervé ROIGNANT whose contact details are: email: hroignant@assurecare.of or BP 41156 - 98713 Papeete - Tel. : +689 40 836 200.

In our opinion, the rates are very high (3000 CFP /day) and the service low. Waste management but no access to land, fresh water and black water management not included, schedule of revisions of buoys not published.
Other cruisers testify:

We just spent a fabulous week in Bora Bora with our family. Thought you may want an update on the situation there. When you arrive make sure you pick up a buoy that has the BBMS mark on it, so you can be sure it is an insured one. Other moorings are not. A friendly young man named Francis will come by to collect their fees. $50 for 3 days or $100 for a week. This includes trash pick up MWF week days. The map he gave us shows where all of their moorings are located. Stay on a different one each night or the same one, does not matter. We were allowed to anchor (the yacht) for a few hours at dive/snorkel spots, but not overnight. We also tied up at the city quay to go shopping and put our guests on the airport ferry. All moorings we picked up were in superb condition including chafe gear on the loop. He says they are inspected every 6 months or sooner if someone wraps a prop. Francis was raised on a sailboat and speaks fluent English, French and Tahitian. He understands the needs of cruisers. Bora is quite cleaned up of the derelict boats we saw three years ago. Putting their best foot forward to keep it beautiful. I would not want to spend this kind of money to moor every where, but Bora is their top tourist destination.

Verbatim

ARRETE No. 2442 CM of November 22, 2018 regulating the mooring of ships in the inland waters of the island of Bora Bora.

AIOR DAM1822285AC-1

The President of French Polynesia,

On the report of the Minister of Housing and Land Development, in charge of inter-island transport,

In view of the organic law No. 2004-192 of 27 February 2004 amended to establish the autonomy status of French Polynesia, together law No. 2004-193 of 27 February 2004 complementing the autonomy status of French Polynesia;

In view of Order 650 PR of 23 May 2018 appointing the Vice-President and Ministers of the Government of French Polynesia, and determining their functions;

Given the penal code;

In view of Law 83-581 of 5 July 1983 on the safeguarding of human life at sea, habitability on board ships and the prevention of pollution, together Decree 84-810 of 30 August 1984 amended relating to the safeguarding of human life at sea , pollution prevention, safety and ship certification, as well as the 23 November 1987 ship safety order and its annexed regulations;

In view of Law 61-1262 of 24 November 1961 relating to the police of maritime wrecks, together Decree 61-1547 of 26 December 1961 amended fixing the regime of maritime wrecks;

Given the environmental code of French Polynesia;

In view of the 2004-34 APF deliberation of 12 February 2004 amended on the composition and administration of the public domain in French Polynesia;

In view of the deliberation No. 78-124 of 27 July 1978 amended by the regulation of traffic in the lagoons of French Polynesia;

In view of the request of the municipality of Bora Bora by mail MT/047651/DGS/COM/GTS/MT of 27 October 2018;

Considering the certificate "Blue Flag Label" awarded for the title of the year 2018 to the municipality of Bora Bora;

Considering the imperatives of protecting the environment as well as the safety of navigation and traffic in the inland waters of the island of Bora Bora;

Considering the need to ensure the harmonious coexistence of users in the maritime public domain;

The Council of Ministers, having deliberated in its meeting on 20 November 2018,

Stop it:

CHAPTER I - APPLICABLE GENERAL REGLES IN BORA BORA Island

Article Ler.— Definitions

For the purposes of this order, it means:

parking: immobilizing the vessel in an appropriate technical procedure, for a fixed period of time, and after authorisation duly issued by the competent authority;

anchoring: stopping the vessel in an appropriate manner, either by means of an anchor (ship's apparals) or by a permanent and fixed mooring device (buoy, dead body, ecological anchorage, .),

authority managing the dedicated area: the authority responsible for implementing the provisions of this decree, in particular with regard to management, requests for access to a dedicated area and parking.

Art. 2.— Object

Unless otherwise stated, in the inland waters of the island of Bora Bora, the mooring of vessels of a length greater than or equal to ten (10) metres or whose stay is greater or equal to a duration of twenty-four (24) hours is strictly prohibited outside dedicated to authorized mooring areas.

The delimitation of the dedicated areas is specified in Article 4 . and is included in the plans attached to this order.

The general conditions of use of areas dedicated to authorized anchorage, on anchor or on a mooring facility, are defined by this order.

The mooring of any vessel, for any length of time, is strictly prohibited in shipping channels.

Art. 3.- Exemptions

The prohibitions and requirements of this order are not enforceable against vessels and boats on a public service mission or engaged in a person rescue and asset rescue operation, or other vessels in the event of force. Major.

C ITRE II - APPLICABLE REGLES IN DEDIEES ZONES IN MOUILLAGE

Art. 4.- Delimitation of zones - dedicated to authorized mooring

Within the areas dedicated to authorized mooring, ships are anchored or on a light anchorage installation when the area has been authorised by the competent authority.

A - Areas dedicated to anchoring vessels of a reference length of 20 metres or more.

Only anchor anchoring of vessels of a reference length greater than or equal to 20 metres is permitted at the following points:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

B - Area dedicated to anchoring vessels with a reference length of less than 20 metres.

Only the mooring of vessels with a reference length of less than 20 metres is permitted at the following points.

The perimeter of each zone is determined by the reference points indicated by area.

(1) The delimitation of the Nunue Bay area is defined by the following points:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(3) The delimitation of the Faanui area is defined by the following points:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In this area, the mooring of ships is strictly limited to five (5) vessels.

The length of stay of the ships in this area may not exceed thirty-six (36) hours.

(4) The delimitation of the Hitiaa area is defined by the following points:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In this area, the mooring of ships is strictly limited to five (5) vessels.

The length of stay of the ships in this area may not exceed thirty-six (36) hours.

(5) The delimitation of the Motu Fareone area is defined by the following points:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(6) The delimitation of the area south of Povai Bay is defined by the following points:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(7) The delimitation of the area west of the Toopua motu is defined by the following points:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The geographic coordinates defined in Article 4 are placed in the WGS84 geodesic system in decimal degrees and minutes.

The delimitation of the authorized dedicated mooring areas is represented in annexes of this decree, available to the Polynesian Directorate of Maritime Affairs (DPAM) and on the website www.maritime.gov.pf and www. ervice-public. p f/dp am

Art. 5.— Signage of mooring areas

The signage for each area dedicated to the authorized mooring area is put in place by the area manager and must comply with the requirements of the authority responsible for the safety of navigation and traffic in inland waters.

The technical signalling device is adapted to the nature of the seabed.

The authorized manager of the area dedicated to authorized mooring is obliged to inform the competent authority without delay of any changes in the signalling situation.

Art. 6.— Access and navigation rules within mooring areas

Access to dedicated areas is permitted for vessels in a state of navigation, as well as those in danger or in a state of damage.

Access to dedicated areas by vessels in danger or in a state of damage, is allowed only for a limited stay, justified by the circumstances.

Access and traffic within areas dedicated to authorized anchorage are carried out in accordance with navigation rules, including those set by international regulations to prevent collisions at sea.

Within these dedicated areas, the maximum speed of ships is set at 3 knots.

Except in case of force majeure, ships are only allowed to move within the dedicated area to access or leave a berth.

Art. 7.— Entry and Departure Statement

Any vessel calling in one of the areas dedicated to authorized anchorage is required, upon arrival, to make itself known to the authorized manager and to make a declaration of entry by any appropriate means (telephone, fax, e-mail, VHF) for Transmit:

A photocopy of the ship's documents (registration certificate, identification of the ship's flag and owner);
A photocopy of the owner's passport or, if necessary, the ship's user;
The specific contact details of the owner, or if any, of the ship's user (phone numbers, email);
The scheduled date for departure from the mooring area. If this date is changed, an adjustment statement is made without delay to the authorized manager of the authorized area;
A departure statement is made before the ship is finally discharged from the dedicated area.
Art. 8.— Use of authorized mooring areas

The master of any vessel must ensure that his vessel, at all times and under any circumstances, does not cause any damage to other vessels or interfere with the use of the mooring area authorized by other users.

If necessary, all precautions, manoeuvres or movements, location changes prescribed by the qualified manager, must be respected or executed, especially when they are deemed necessary to facilitate the movement of other vessels or ensure the safety of navigation and traffic in the inland waters of the island of Bora Bora.

Art. 9.— Hygiene and pollution

Ships anchored in one of the areas dedicated to authorized mooring may not discharge, dump or allow their household waste and waste of any kind to flow into the water, or contaminated or oil-laden water, oils or products. Toxic. Any rejection to the sea is strictly forbidden.

All waste must be deposited in onshore facilities provided for this purpose. The discharge of wastewater is subject to special regulations.

It is forbidden to carry out any work on ships at anchor in areas dedicated to authorized mooring.

Repair, fairing operations, product applications or paints.

Art. 10.— Removing marine wrecks and abandoned ships

Any vessel staying in the areas dedicated to authorized anchorage must be kept in a good state of maintenance, buoyancy and safety.

If the authorized manager finds a wreck or a vessel is in a clear state of abandonment or lack of maintenance, and has, in whole or in part, a dangerous nature for navigation, fishing or the environment, access to a port or stay in a port, which may sink or cause damage to ships, surrounding structures or the environment, it informs the competent authority as soon as possible to proceed with the owner's notice to take any necessary to remove the dangerous nature of the vessel.

In the event of inaction by the vessel owner within the allotted time, the competent authority automatically proceeds with the operations necessary at the owner's expense and risk to put an end to the risk of danger or damage to the public maritime domain.

For the removal of the wreckage, the owner of the vessel complies with the requirements issued by the competent authority.

Art. 11.— Prohibition of the practice of water, water or underwater activities in the perimeter of areas dedicated to authorized mooring.

Within the boundaries of the areas dedicated to authorized mooring, the practice of any nautical, aquatic or underwater activity is strictly prohibited for reasons of navigational safety.

Art. 12.— Public display and information

This order and its annexes regulating the mooring of ships in the inland waters of Bora Bora Island are the subject of information by way of signage in the town hall, and a signage by information sign in French, in Tahitian and in English, located on the outskirts of dedicated areas, close enough, and in an appropriate place to ensure its accessibility and visibility by all users.

Art. 13.— Sanctions

Without prejudice to the penalties relating to the preservation of the public domain, and in accordance with Article 131-13 of the Penal Code:

(1) Is punished with the fine for 4th class tickets:

Any vessel mooring referred to Article 2 outside the authorized mooring areas defined in Article 4, unless authorized;
Any vessel mooring of a reference length greater than or equal to 20 metres outside the areas reserved for them and which are defined in Article 4-A;
Any vessel mooring with a reference length of less than 20 metres outside the areas reserved for them and which are defined in Article 4-B;
Any violation of the vessel traffic rules under article 6.
(2) The fine for 2nd class tickets is punishable:

Failing to make Article 7 statements;
Any refusal to carry out the precautions or requirements in the second paragraph of Article 8;
All work or operations carried out on vessels in violation of Article 9;
One of the activities prohibited by Article 11 in the Article 4 areas;
(3) The release, release or discharge of any pollutant in the waters is punishable by the French Polynesian Environmental Code (LP). 3131-1).

Art. 14.— Violations Report

Without prejudice to the powers exercised by officers and judicial police officers and sworn officers of the commune of Bora Bora, violations of the provisions of this order are found by minutes drawn up by the officers Polynesian Maritime Affairs Directorate.

Art. 15.— The Minister of Housing and Land Development, in charge of inter-island transport, the Minister of Green Economy and the Domain, in charge of mines and research, the Minister of Culture and the Environment, in charge of crafts, and the Minister of Equipment and Land Transport are each responsible for the execution of this order, which will be published in the Official Journal of French Polynesia.

Made in Papeete, November 22, 2018.
For the absent President:
The Vice-President,
Teva ROHFRITSCH.

By the President of French Polynesia:
The Minister of Housing
planning,
Jean-Christophe BOUISSOU.

The Minister of the Green Economy
and the field,
Tearii ALPHA.

For the Minister of Culture
and the absent environment:
The Minister of Modernization
Administration,
Tea FROGIER priscille.

For the Minister of Equipment
and land transport absent:
The Minister of Housing
planning,
Jean-Christophe BOUISSOU.

The order in pdf: Order No. 2442 CM of 22-11-2018

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