MONTEGO BAY, St James — Tourism Minister Edmund Bartlett has sounded a warning to unregulated operators who endanger the country’s tourism product. He has made it clear that, during this new term, Government will be moving to strengthen regulations and legislation to curb unregulated activity in the sector, working with other ministries to ensure full compliance and strict enforcement of penalties.

“The destination is at risk because of the proliferation of unregulated activities. Therefore, we are moving with great energy in this round to build out the… regulatory and legislative framework, and to enable full compliance; working with the Ministry of National Security and the Ministry of Justice to ensure that these regulatory arrangements can in fact be complied with, and that the sanctions that are put are in fact made to be enforced,” Bartlett told the Jamaica Observer Wednesday.

He was reacting to concerns raised by licensed stakeholders within the sector who have complained that their businesses are being undermined by unregulated operators.

For instance, Garfield Dussard, owner of Garfield’s Diving, a 45-year-old scuba diving entity based at the Urban Development Corporation (UDC) Beach in Ocho Rios, has expressed concern over stiff regulatory costs and rising competition from rogue operators who offer their services without permits, licences, or insurance.

According to Dussard, the playing field is not level as unregulated rivals benefit from having zero overhead expenses while offering cheaper rates and larger commissions to intermediaries, including bus drivers who steer business their way.

“It’s wholly unfair and it has been affecting my business for decades,” Dussard told the Observer. “How can you compete with persons with no overheads and basically nothing to lose?”

Dussard’s concerns echo across Jamaica’s tourism sector, where licensed operators, legal transport providers, established craftsmen, and regulated tour companies report a growing share of the market being siphoned off by unregulated operators.

According to Dussard, legal operators have not forgotten past regulatory actions, such as the indefinite ban on jet skis following a fatal incident linked to an unlicensed operator.

He argues that while incident-based restrictions seem to target legitimate players, illegal operators remain active contributors to a perception that enforcement is selective or inconsistent.

“This is just another case of the good suffering for the bad,” Dussard observed.

Meanwhile Dalton Green, a licensed veteran in the industry, described the unregulated market as having “hijacked” the raft and boat sectors. He added that the problem is pervasive throughout the island and “there’s nobody to complain to”.

The Tourism Product Development Company (TPDCo), the regulatory arm of the Ministry of Tourism, has started issuing cease-and-desist orders to unregistered operators, including threats of fines and arrests. Yet many licensed operators argue that enforcement remains ineffective.

“What’s a cease-and-desist order without enforcement?” questioned Robert McNamee, a St Ann boat owner and businessman.

He revealed that the price disparity — US$100 for a boat ride around the harbour from licensed operators versus as little as US$50 from unlicensed operators — discourages paying visitors from choosing the regulated option. McNamee, who has nearly five decades in the business, said he is contemplating exiting the industry due to the relentless pressure of competition, compounded by overhead costs and regulatory scrutiny.

Operators such as transport entrepreneur Robert Farr say freelancers who are not affiliated with recognised, licensed tour operators have gained dominance of the sector.

“They are in total control,” Farr stated, highlighting how unregistered entities operate openly with minimal fear of consequences.

The tourism minister has supported the call for stricter enforcement.

“The comments are quite in order, in terms of strengthening the enforcement, and this is where a partnership with the National Security Ministry and the Local Government authorities will come in,” he told the Observer.

“It’s a very important consideration if we’re serious about ‘Local First’. It is going to be that the locals have to come to standards and to deliver at the highest level of efficiency and competence, or else it will be a waste of time, and in fact, the destination would be at risk, no questions about that,” Bartlett added.

The Tourism Ministry is to pursue a policy that will, among other things, pass legislation and implement incentives to ensure greater participation of Jamaican manufacturers, farmers, creatives, and professionals in the tourism supply chain.

Industry stakeholders say the core issue involves balancing a robust regulatory framework with practical enforcement that protects consumers and legitimate operators without stifling legitimate competition.

For Dussard and others in the regulated sector, the pressing demand is for stronger enforcement, equitable licensing costs, and mechanisms that ensure safety and fair pricing for visitors.

As Jamaica seeks to maintain its appeal as a premier cruise- and resort-destined destination, the call for an even-handed approach to regulation becomes increasingly urgent.

Licensed operators, tourism regulators, and stakeholders alike acknowledge that securing a sustainable, safe, and fair market will require concerted effort, reliable enforcement, and a renewed commitment to levelling the field for all participants in Jamaica’s vibrant tourism industry.