September 2026

A New Era for the Bahamian Ship Register: The Merchant Shipping Act 2021 and its Subsidiary Legislation

Introduction

The Merchant Shipping Act 2021 (the “Act”) came into force on 1 April 2026 officially repealing the Merchant Shipping Act 1976 and the Merchant Shipping (Maritime Claims Limitation of Liability) Act 1989, consolidating both enactments into a single, modern legislative framework.

The Act is supported by a modernized suite of subsidiary rules, most notably the Merchant Shipping (Registration) Regulations, 2026 (“Registration Regulations”).

Digitalization of the Ship Register

The Act and Registration Regulations establish a digital framework for Bahamian ship registration, explicitly providing for an electronic register and the issuance of electronic certificates. The new legislation authorizes electronic submissions, digital signatures, and electronic service of documents, streamlining administrative processes for shipowners. 

Electronic records issued by the Ship Register serve as prima facie evidence of registration, ownership, and mortgage interests.

Consolidated Fee Structure

All maritime fees have been consolidated into a single statutory instrument, the Merchant Shipping (Fees) Regulations, 2026, supported by Marine Notice 050 (MN050), for better transparency and efficiency.  

Merchant Shipping (Registration) Regulations, 2026 

The Registration Regulations establish a comprehensive, five-part framework which clarifies and streamlines vessel and mortgage registration procedures, codifies reporting duties for shipowners, and establishes clear guidelines for bareboat charter arrangements.

Expanded Eligibility for Foreign-Owned Vessels

The Act lowers the automatic registration threshold for international vessels engaged in foreign-going trade from 1,600 NRT to 500 GT, irrespective of the owner’s nationality. Additionally, it expands registration eligibility to include both commercial and non-commercial yachts under 500 GT, provided they are not operating under a pleasure charter. This shift represents a significant broadening of The Bahamas’ open registry to a wider range of smaller commercial vessels and superyachts that previously required Ministerial discretion for registration.

Enhanced Mortgagee Protection

While the Act and Registration Regulations preserve fundamental mortgagee rights established under the previous legislation and long-standing administrative practice, the new framework enhances statutory protection through clear, mandatory requirements and codified safeguards.

A key strength of the new framework is the robust continuity of security interests.  The Registration Regulations guarantee that a mortgagee’s legal interest is preserved even when a vessel is no longer actively flying the Bahamian flag.

Mandatory Insurance for All Ships

Under the Act, all Bahamian and foreign ships anchoring or trading in or from Bahamian waters, or operating within a Bahamian port, are required to maintain insurance coverage or alternative security against third-party risks of loss or damage as prescribed by regulations. Failure to comply is a criminal offense, carrying a fine of up to $10,000, a term of imprisonment of up to one year, or both.

International Conventions

The Act integrates 29 International Conventions, formalizing the inclusion of more contemporary treaties alongside established pillars like SOLAS and MARPOL, into Bahamian law to ensure global compliance for Bahamian registered ships.

Subsidiary Legislation

The Act has been accompanied by a comprehensive suite of modern subsidiary legislation designed to bring The Bahamas’ maritime framework into full alignment with contemporary international standards:

• Merchant Shipping (Tonnage) Regulations, 2026
• Merchant Shipping (Load Lines) Regulations, 2026
• Merchant Shipping (Flag State Inspections) Regulations 2026
• Merchant Shipping (Maritime Labour Convention) Regulations, 2026
• Merchant Shipping (Training, Certification, Manning and Watchkeeping) Regulations, 2026
• Merchant Shipping (Marine Safety Investigations) Regulations, 2026 
• Merchant Shipping (Yachts) Regulations, 2026

Transitional Provisions

Existing registrations, notices, certificates, licenses, and recorded mortgages issued under the Act remain valid until their stated expiry. This ensures a seamless transition, protecting the legal standing of current ship owners and mortgagees as the new framework takes effect.

Attorney Laura Harris

Conclusion

The enactment of the Merchant Shipping Act 2021, Merchant Shipping (Registration) Regulations, 2026, and the accompanying suite of subsidiary legislation represents a transformative milestone for The Bahamas as a leading global maritime center. By modernizing its statutory framework, the jurisdiction has replaced long-standing legislative models with a dynamic, digital-first system that meets the demands of the modern shipping industry. This shift reinforces commercial certainty for shipowners and mortgagees while ensuring that safety and compliance standards remain aligned with international conventions. As these changes take effect, The Bahamas reinforces its position as a transparent and innovative jurisdiction, well-equipped to meet the maritime challenges of the future.