The policy, approved by the Council of Ministers on May 28, 2024, aims to improve safety and sustainability in the sector and requires a watersports permit in Aruba.

In April 2022, there was a temporary stop on permit applications for water activities (transporting passengers for a fee) to investigate the environmental and safety aspects. After extensive consultation with various stakeholders about the vision of the Ministry of Transport, including the Maritime Authority, Coast Guard, Maritime Police, ATA, and AHATA, it became clear that a complete revision of the law was necessary.

In addition, a study on the carrying capacity and sustainability of the sector is also crucial. Since this takes a lot of time, it is not the intention to disadvantage existing companies. Therefore, temporary management is in place until the study is completed.

The watersports policy focuses on three main areas: replacement, expansion, and safety.

Replacement

• All applications for new permits are suspended until further notice;
• All applications submitted before January 1, 2024, for the replacement of a boat will be processed;
• The Maritime Authority will conduct the necessary investigation and administrative adjustments for the replacement of a boat with similar characteristics.

Expansion

• Applications for expansion submitted before January 1, 2024, will be processed.
• Companies that offer boat trips, fishing trips, snorkeling, and diving activities can qualify to expand their permit by adding a boat to their operation, provided they meet all legal requirements.
• Liability insurance is required for the permit holder, according to Article 19 of the Decree on Public Waters and Beaches AB 1987 no. 124.
• The permit holder must submit the insurance policy to the Maritime Authority in all cases, so each time you renew the insurance, you must report and submit it to the DSA.

Safety

• As of January 1, 2025, all commercial boats for water activities must have a “propeller guard;”
• For water activities involving passenger transportation at sea (e.g., tubing, parasailing), one of the two representatives from the watersports company must be present on the boat for safety reasons.

Additionally, it is prohibited to tie a boat or other object to shipwrecks, coral, or buoys marking a landing/buffer zone, such as the Antilla.

For more information, you can review the watersports policy. Minister of Transport, Integrity, Nature, and Elderly Affairs Ursell Arends has also announced that they will hold an informational session for businesses in the watersports industry. If you do not receive an invitation, email naturalesa@gobierno.aw with the company’s specifications to add this to the database.

The government noted a lack of information when buying a sole proprietorship with a watersports permit. It is not possible to take over a permit from a sole proprietorship. It counts as a new application. Also, if the sole proprietorship, a natural person, changes to a legal entity, such as an LLC or NV, this is considered a new application. It is possible to take over a legal entity but not a natural person.

The change in management is essential to ensure the safety and sustainability of water activities in Aruba. These measures will improve the experience for both our residents and tourists, maintaining a high standard of safety and environmental protection.