BIOT Laws & Guidance For Visitors

BRITISH INDIAN OCEAN TERRITORY

 

LAWS AND GUIDANCE FOR VISITORS

 

You and your accompanying passengers have applied for a permit to visit the Chagos Islands, excluding Diego Garcia, of the British Indian Ocean Territory (BIOT). 

 

You are subject to BIOT law when inside its territorial waters.  If you break any of these laws, you will become subject, as in any country, to a range of censures and punishments, including fines, imprisonment, deportation, or the impounding of your vessel.

 

You should be aware that any person who enters BIOT without a permit is liable to imprisonment for 3 years and/or a fine of £3000.

 

You must moor your vessel at the approved sites only, as indicated on the attached map, to help conserve BIOT’s fragile coral environment.  If your vessel is not moored at one of the approved sites, you will be issued with an on-the-spot fine of £500.  Failure to pay the fine could result, on conviction, to imprisonment not exceeding 6 months and/or a fine not exceeding £3000.

 

“Mooring your vessel” is defined in BIOT law as “to anchor or to remain stationary by the use of engines or any line or device in the territorial sea or internal waters of the Territory or to be tied up or beached or hauled ashore at any place in the Territory". As you will appreciate this means you may not stop your vessel (except in an emergency) anywhere in the inland or Territorial waters of BIOT other than at the approved sites.

 

“Marina” services are not provided. There is no mail service.  Garbage will be collected from designated disposal areas ashore.

 

BIOT Customs and Immigration officials visit the approved mooring sites to check permits and passports.  The passports of all passengers/crew will be checked against the details provided on the Visit Permit Request form.   You will be asked to explain any discrepancies.

 

NATURE RESERVES

 

All of the Chagos Islands are nature reserves. The following islands are strict nature reserves. It is an offence to approach within 200 meters, land on or anchor at:

 

Great Chagos Bank:                 The Three Brothers and Resurgent Island

                                                Danger Island

                                                Cow Island

                                                Nelson Island

 

Peros Banhos Atoll:                  All the islands to the east of a line drawn between the easternmost point of land on Moresby Island and the easternmost point of land on Fouquet Island. 

 

Any person who commits such an offence, is liable, to an on-the-spot fine of £1000.  Failure to pay the fine could result, on conviction, to imprisonment for a term not exceeding 6 months and/or to a fine not exceeding £5000, and to detention and forfeiture of any boat and equipment used when committing the offence.                                 

 

DIEGO GARCIA

 

Unauthorised vessels or persons are not permitted to access this island and no unauthorised vessel is permitted to approach within 12 nautical miles.  Vessels in transit, on “innocent passage” as defined under Maritime Law, should maintain their course away from Diego Garcia.

 

ENVIRONMENT

 

Please assist the conservation of BIOT environment by adhering to the following and by ensuring that others visiting the Territory also respect it.  Failure to observe BIOT’s regulations may result in the application of the penalties listed below.

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¨      You are not permitted to remain ashore overnight (between sunset and sunrise), nor set up an encampment nor erect any structure of installation.  Any such infringement will be dismantled and disposed of without compensation.  Other property left ashore unattended is similarly liable.  Any person who commits such an offence is liable to an on-the-spot fine of £500.  Failure to pay the fine could result, on conviction, to imprisonment for a term not exceeding 6 months and/or to a fine not exceeding £3000.

 

¨      You should respect the old plantation buildings or other structure on the islands. Please do not damage them e.g. with graffiti.  Any person who commits such offences is liable to an on-the-spot fine of £200.  Failure to pay the fine could result, on conviction, to imprisonment for a term not exceeding 10 years.

 

¨      All fauna and flora are protected by law:  The following are, for example, prohibited:

 

• The collection of live shells, molluscs or coral (dead or alive);
• The killing of crabs (or the possession of crabs, alive or dead);
• The killing of animals (or the possession of animals, alive or dead);
• Intentionally destroying, damaging or taking a wild bird’s nest, wild bird’s egg or turtle’s egg;
• Intentionally disturbing dependent young of a wild bird;
• Taking or being in possession of any specified flora
• Taking any alive or dead wild animal our of the Territory

 

Any person found guilty, upon conviction, of the above offences is liable to an on-the-spot fine of £500.  Failure to pay the fine could result, on conviction, to imprisonment for a term not exceeding 6 months and/or a fine not exceeding £3000.

 

All unlicensed fishing (except non-commercial fishing by rod or line for your consumption) is also prohibited.  In order to assist the BIOT Fisheries Officers in monitoring fish stocks, you must record numbers of fish taken, the species and size. 

 

Any person who commits such an offence is liable, on conviction, to a fine not exceeding £100,000.  If convicted of such an offence, the local Magistrates’ Court may order the forfeiture of equipment and boat.

 

The use of scuba diving equipment or underwater-swimming equipment is prohibited.  Any person who commits such an offence is liable to an on-the-spot fine of £500.  Failure to pay the fine could result, on conviction, to imprisonment for a term not exceeding 6 months and/or a fine not exceeding £5000.  If convicted of such an offence, the Magistrates’ Court may order that any vessel, together with any equipment or goods on board in connection with the offence shall be detained until the fine has been paid.

 

¨      Vegetation must not be cut; it protects the shore from erosion and provides habitat for the islands’ natural inhabitants.  Any person who commits such an offence is liable to an on-the-spot fine of £500.  Failure to pay the fine could result, on conviction, to imprisonment for a term not exceeding 6 months and/or a fine not exceeding £3000.

 

¨      Fauna and flora from outside the Chagos Archipelago must not be introduced into the Territory.  Alien species of vegetation and animals can have a devastating effect on the natural ecology of the Archipelago.  In particular, pets are not to be landed.  Any person who commits such an offence is liable to an on-the-spot fine of £500.  Failure to pay the fine could result, on conviction, to a term not exceeding 6 months and/or a fine not exceeding £3000.

 

¨      All combustible garbage is to be burned or removed.  All other material is to be placed in the bins provided or removed.  Any person found leaving litter/garbage other than in the bins provided is liable to an on-the-spot fine of £500.  Failure to pay the fine could result, on conviction, to a term not exceeding 6 months and/or a fine not exceeding £3000.

 

DRUGS

 

It is illegal to import, export, supply/offer, produce or use a controlled drug in the Territory.  It is also illegal to cultivate any plant of the genus Cannabis.  Any person found in possession of a Class A or B drug is liable, on conviction, to a term not exceeding 14 years and/or an unlimited fine.  Any person found in possession of a Class C drug (including Cannabis) is liable to an on-the-spot fine of £500.  Failure to pay the fine could result, on conviction, to a term not exceeding12 months and/or a fine not exceeding £1000.

 

EMERGENCIES

 

If you have an emergency that you consider life threatening, you should declare it as a

maritime emergency in accordance with International Maritime Regulations.  In such

a situation, BIOT authorities in Diego Garcia can be contacted on 2.182MHz HF SSB

or VHF if within range.  All reasonable assistance will be considered.

 

 

BIOT ADMINISTRATION

FEBRUARY 2009

 

 

 

 

 

 

 

OFFENCES AND PENALTIES

 

OFFENCE	FIXED PENALTY	PENALTY UPON CONVICTION (Not exceeding)
Mooring without a permit	£1,000	3 years and/or £3000
Mooring where not permitted	£500	6 months and/or £3000
Failing to produce documents	£200	6 months and/or £3000
Obstructing a Visiting Vessels Control Officer (VVCO)	£200	6 months and/or £3000
Refusing or failing to comply with a VVCO’s direction	£200	6 months and/or £3000
Giving false or misleading answers to a VVCO	£200	6 months and/or £3000
Preventing or attempting to prevent another from complying with a direction or question of a VVCO	£200	6 months and/or £3000
Entering the territorial sea of Diego Garcia	N/A	6 months and/or £3000
Failing to observe a visitor or visiting vessel condition	£500	6 months and/or £3000
Overnight camping/erection of structures	£500	6 months and/or £3000
Collection of live shells etc, killing or taking of wildlife etc	£500	6 months and/or £3000
Cutting vegetation (not in a strict nature reserve)	£500	6 months and/or £3000
Introducing fauna and flora (not in a strict nature reserve)	£500	6 months and/or £3000
Leaving garbage/litter etc other than in bins provided	£500	6 months and/or £3000
Causing criminal damage (incl graffiti)	£200	10 years
Entering a strict nature reserve	£1,000	6 months and/or £5000
Cutting vegetation (strict nature reserve)	£1,000	6 months and/or £5000
Introducing fauna and flora (strict nature reserve)	£1,000	6 months and/or £5000
Unlicensed fishing (except for personal use)	N/A	£100,000 and possible forfeiture of equipment and boat
Use of diving equipment	£200	6 months and/or £5000
Possessing a Class A or B drug	N/A	14 years and/or unlimited fine
Possessing a Class C drug (incl Cannabis)	£500	12 months and/or £1000
Permitted Mooring Sites   Latitude & Longitude references   All co-ordinates are in dd mm.mm and all are deg S, deg E.  Co-ordinates mark the ends of lines drawn along or roughly parallel to islands, and the zones permitted for anchoring lie between each line and its adjacent Island. Italics give the approximate description of each anchoring location.
Site			Latitude/Longitude (ddd mm.mm)
Salomon, Ile Boddam Southwest of a line between Iles Diable & Poule W (Diable) E (Poule)			5°S 21.05 / 72°E 12.51 5°S 21.45 / 72°E 13.17
Salomon, Ile Fouquet / Takamaka Southeast of a line from mid Takamaka to the SE tip of Fouquet N (Takamaka) S (Fouquet)			5°S 19.73 / 72°E 15.94 5°S 20.64 / 72°E 15.40
Peros Banhos, Ile Diamante Northwest of a line stretching roughly the full length of Diamante N (Diamante) S (Diamante)			5°S 15.17 / 71°E 46.63 5°S 15.94 / 71°E 45.56
Peros Banhos, Ile de Coin Southwest of a line from mid Anglais to two-thirds down Poule N (Anglais) Mid (Poule) S (Poule)			5°S 26.30 / 71°E 45.52 5°S 26.67 / 71°E 45.76 5°S 26.87 / 71°E 46.46
Peros Banhos, Fouquet South of a line from mid Mapou du Coin to East end of Fouquet Outer W Outer E			5°S 27.60 / 71°E 47.79 5°S 27.40 / 71°E 48.75