Fisheries Amendment Act 1996

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Fisheries Amendment Act 1996
The Laws of Bermuda
Annual Volume of Public Acts 1996 : 10



1996 : 10


[Date of Assent 11 June 1996]

[Operative Date 11 June 1996]

WHEREAS it is expedient to amend the Fisheries Act 1972:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

1 This Act which amends the Fisheries Act 1972 (hereinafter
referred to as "the principal Act") may be cited as the Fisheries
Amendment Act 1996.

Amends section 1 of principal Act
2 Section 1 of the principal Act is amended by deleting the
definition of the expression "exclusive fishing zone" and substituting the

" "exclusive economic zone" means the territorial waters of
Bermuda together with the zone contiguous to the said
waters which was proclaimed as an exclusive economic




zone for Bermuda by a Proclamation made by the Governor
to come into operation on the date on which the Fisheries
Amendment Act 1996 comes into operation.".

Amends section 7 of principal Act
3 Section 7 of the principal Act is amended in subsection (1) by
deleting the words beginning with "imprisonment for" and ending with
"addition", and substituting "a fine of $150,000 and".

Amends section 10 of principal Act
4 Section 10 of the principal Act is amended—

(a) in subsection (1), by inserting next after the word
"vessel", where it first appears, the words "other than a
foreign vessel";

(b) by inserting next after subsection (1) the following—

"(1A) Where a foreign vessel is delivered into the
custody of a police officer at any place by a fisheries
inspector in accordance with section 8, that vessel shall
be detained in the custody of the Commissioner of Police
to the order of the Minister at that place or at such other
place as the Minister may direct and the provisions of
section 10A shall apply."; and

(c) by inserting next after section 10 the following—

"Owner of foreign vessel may enter into bond, etc.
10A (1) In the case of a foreign vessel referred to in
section 10(1A), where—

(a) within the period of seven days next
following the date of delivery of the
vessel to the police officer, no
proceedings are instituted against the
master or other person in charge of the
vessel, the vessel shall be released upon
demand to the owner or his duly
accredited agent; or

(b) such proceedings are instituted and the
owner of the vessel, enters into a bond,
with two sureties approved by the court,
or gives such other security as the court

The Laws of Bermuda
Annual Volume of Public Acts 1996 : 10



considers appropriate, in treble the
amount of any fine or fines which may

be imposed by the court upon the final
determination of such proceedings, the
vessel shall be released upon demand to
the owner or his duly accredited agent.

(2) The court shall, in addition to any fine
which it may impose, make an order for the recovery of
any costs incurred consequent on the detention of the
vessel and the bond or other security shall have effect in
respect of such costs.

(3) Where proceedings are instituted and the
owner of the vessel fails or refuses to enter into a bond
or to give other security in accordance with subsection
(1), then, the provisions of section 10(3) and (4) shall
have effect in respect of the foreign vessel.".

Repeals and replaces section 14 of principal Act
5 Section 14 of the principal Act is repealed and replaced by the

"Penalty for subsequent conviction of same offence
14 (1) If any person, having been convicted of an offence
against any provision of this Act or of any Regulations made
thereunder, is convicted of a further offence against that
provision, then, notwithstanding anything to the contrary, he
shall be liable upon conviction of such further offence—

(a) in the case of a person referred to in section 7,
to a double fine; and

(b) in any other case—

(i) to a double fine or double
imprisonment; or

(ii) where a fine and a term of
imprisonment may be imposed in
respect of a first offence, to both such
double fine and double imprisonment.

(2) In this section—




(a) "double fine" means a fine not exceeding double
the amount; and

(b) "double imprisonment" means imprisonment for
a term not exceeding double the term,

which might otherwise have been imposed in respect of the

Consequential amendments
6 Consequentially upon the enactment of this Act, the following
statutory provisions are amended by deleting the words "exclusive fishing
zone" wherever they appear and substituting therefor in each case the
words "exclusive economic zone"—

(a) sections 4, 5, 7, 8, 12 and 13 of the principal Act;

(b) regulations 4, 11, 12 and 13 of the Fisheries Regulations

(c) paragraph 2 of the Fisheries (Protected Species) Order
1978; and

(d) paragraph 3 of the Fisheries (Use of Fishing Nets) Order