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Some Jersey operators have been forced to cancel an entire year of trips to Herm after border officials began 'reminding' them of a "crazy" piece of legislation requiring them to stop in Guernsey first, it has emerged.
Travel operators, private individuals and those responsible for managing the island itself have all hit out at what has been dubbed an "unfair" law, which Express has been told is now under review.
When a private vessel travels into the Bailiwick of Guernsey from elsewhere, the law states that it must arrive in an ‘approved port’. These are ports that adhere to specific requirements around infrastructure, resourcing and security.
The approved ports list in the Bailiwick of Guernsey includes, St Peter Port, St Sampson, Braye Harbour and Beaucette Marine.
Notably, Herm and Sark do not have approved ports.
Historically Herm has benefited from charters from Jersey throughout the year.
The island’s management told Express that it was surprised that this legislation was suddenly being 'enforced' by the Guernsey Border Agency.
“We think it’s unfair,” said a spokeperson for Herm Management. “This service has been operating for many years and we had no notice of this enforcement.”
Pictured: Herm harbour is not an 'approved port'.
Herm Management said 'enforcing' something like this “is crazy” and all operators are happy to send their manifestos and passenger passports.
The Guernsey Border Agency has stressed that it is not ‘enforcing’ this legislation but reminding people of their responsibilities when travelling into the Bailiwick of Guernsey.
“No enforcement action around this legislation has taken place in recent times; no one has been or is being prosecuted under this legislation, so enforcement action has not been ramped up. The Guernsey Border Agency has been reminding people of their requirements under customs law to ensure that they do not break it, which we are obliged to do especially if we come across potential offences in the course of our duties.
“Due to Brexit and the changes which fell out of it, our relationship with the UK as part of the Customs Union Arrangement, and our membership of the CTA, the Bailiwick is under far more scrutiny from an international level and we need to ensure compliance with customs and immigration obligations into order to maintain our membership of these arrangements to ensure the effective movement of goods and people.
“The review we are currently undertaking will determine the most appropriate way forwards for the Bailiwick, balancing the risks - especially from a people trafficking perspective - and the requirements of our membership of the CTA against the needs of the community. This review will gather input form relevant stakeholders and then it will be for the Committee for Home Affairs to give direction on any potential changes to the law.”
The GBA said the recent move to ‘remind’ people of their obligations was triggered by commercial vessels “operating outside of these requirements and without a concession”.
Pictured: The GBA said it is not ramping up enforcement, it is simply reminding people of their responsibilities.
“Officers contacted these parties and reminded them of their obligations," they said.
“In recent years we have sought no prosecutions under this law – a measured approach is taken to policing these requirements. Resources are also focused on the greatest risk to the Bailiwick. However, it is particularly important that commercial operators follow the law.
"The Guernsey Border Agency is also currently reviewing the law to determine whether there are other viable options that don’t leave the Bailiwick vulnerable.”
This new move to ‘remind’ people of legislation has incurred frustration in Sarkas well.
“It's not very good for the Channel Islands and island tourism, is it?” said Marcus Barker of Sark’s Chief Pleas.
“It’s restrictive and not helpful for anybody.
"I know this issue is building and getting talked about more and more. It’s bordering on madness, isn't it?"
It’s understood that several concessions have been made to allow travel between Jersey and Sark, something which has led some Jersey operators to focus on this route instead of Herm.
Mario Fetubal operates Island Rib Voyages in Jersey, he said they were contacted by the GBA in September last year.
"I queried the legislation this and was told that it had always been there.
"They explained that they are enforcing it due to people bringing luggage – I told them we don't take any luggage, but I was told that a handbag or backpack is considered luggage. This is ludicrous.
"I was then told I could have a concession for Sark, but not for Herm.
“So, this year we are not offering any trips to Herm at all – people are calling us to ask if we could take them to Herm, but we can only take them to Sark. I think it’s crazy that they have decided to suddenly start enforcing this law and it’ll be interesting to see how they police it.”
All Masters of private vessels have to complete a ‘Report of Arrival for Pleasure-Craft' form when they enter the Bailiwick of Guernsey. They must also arrive at an ‘approved port’.
“When a private vessel arrives in the Bailiwick, the law states it must first pass through an approved port for customs purposes,” said the GBA.
“This is so that any goods can be declared, immigration requirements carried out and so authorities can assess any crew and vessels which may pose a risk to the jurisdiction. For visiting vessels, the primary approved ports are St Peter Port Harbour and Braye Harbour.
“This means vessels travelling from Jersey into the Bailiwick must first arrive at one of these approved ports. However we have been previously been approached by Sark and afforded some concessions to commercial and charter vessels.
“These have been judged on a case-by-case basis, and safeguards are in place to ensure they are conforming with requirements. These concessions are balanced against risk and what law enforcement and port authorities are present in each island. Commercial operators requiring a concession can request one through the GBA.”
Herm Management have appealed to the Commitee for Home Affairs following the cancellation of hundreds of visitors in 2024 and the GBA is currently reviewing the law the determine whether there are any other viable options.
You can read more about the requirements for incoming vessels ONLINE.
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