BAHAMAS Trends and Developments Contributed by: Richard Horton and Emma Van Wynen, Alexiou, Knowles & Co.
The Bahamas’ standing as a trusted jurisdiction for high-value maritime assets. Environmental Regulation and Enforcement As The Bahamas continues to grow as an attractive destination for both commercial and private vessels, environmental regulation has become increasingly crucial. Newly implemented legislation includes the Environmental Planning and Protection Act, 2019 (EPPA), which established a comprehensive statutory framework for environmental oversight and enforce - ment across a broad range of activities, including maritime operations. The EPPA represented a material departure from earlier approaches by consolidating regulatory authority and introducing for the first time the Department of Environmental Planning and Pro - tection (DEPP). That framework was further strength - ened by the Environmental Planning and Protection (Spot Fines) Regulations, 2024 and the Environmental Planning and Protection (Amendment) Act, 2024. These laws have expanded the enforcement tools available to the government, enabling more immedi - ate and proportionate responses to environmental breaches, including the imposition of administrative penalties and the recovery of remediation and res - toration costs without the need for prolonged court proceedings. Most recently, in 2025 the DEPP relied on the Spot Fines Regulations when a barge in tow broke away from its tug and grounded on a reef off Abaco. Initial attention to the grounding focused on the looting of cargo from the stranded barge; however, the incident also reportedly resulted in extensive harm to the surrounding coral reef. Specifically, Section 20 of the EPPA provides that any person who directly or indirectly cuts, carves, removes, displaces or breaks any underwater coral, plant growth or formation in the waters of The Baha - mas commits an offence. Upon summary conviction, an offender is liable to a fine not exceeding USD10,000 or to imprisonment for a term not exceeding three years, or to both. Upon conviction on information, the offence attracts a fine not exceeding USD50,000 or imprisonment for a term not exceeding five years, or both.
Furthermore, the Director of the DEPP is empowered to recover compensation for environmental damage. This includes the cost of replacing, restoring or acquir - ing the equivalent of the damaged coral reef, or (where restoration is not feasible) the value of the loss of use of the reef. The Director may also recover the costs of damage assessments, remedial measures under - taken to minimise or prevent further harm to the reef, and the reasonable costs of monitoring the restored or replaced reef for a minimum period of ten years. So far, the DEPP has indicated that it will impose an immediate spot fine in the amount of USD20,000, and that it considers the barge owner responsible for any restoration and remediation activities needed. These new pieces of legislation highlight a broader trend towards active enforcement and accountability for environmental impacts associated with maritime disasters. Port Authority Reform The Bahamas implemented significant changes to its port authority legislation in 2025 through the Port Authorities (Amendment) Act, 2025, which came into force on 1 July 2025. The amendments represent a substantive modernisation of the statutory regime governing port operations, marine traffic manage - ment, seabed use and navigational safety. A central feature of the Amendment Act is the expan - sion of the Minister’s regulation-making powers in relation to marine traffic and the upkeep of lighthous - es, to name a few. The amendments provide a clear statutory basis for the establishment and regulation of anchorage zones, the management of maritime cabo - tage between port areas, preventative measures and responses for marine incidents, and the capacity to issue and broadcast navigational warnings. Collec - tively, these provisions strengthen the legal framework for safety management and co-ordinated incident response within declared port areas. From an operational perspective, the introduction of mandatory Automatic Identification System (AIS) requirements for all foreign vessels measuring 50 feet or more represents a notable development. The obligation applies regardless of whether a vessel is docked, transiting or merely passing through Baha -
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