Fishing Industry Act

Link to law: http://www.moj.gov.jm/laws/fishing-industry-act
Published: 1976-10-01

FISHING INDUSTRY 1

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THE FISHING INDUSTRY ACT

ARRANGEMENT OF SECTIONS

Preliminary
1. Short title.
2 Interpretation.

Fishing Licences
3. Prohibition of fishing without licence.
4. Appointment of Licensing Authority and assisistanta.
5. Certain categories of fishermen to be licensed.
6. Matters to be considered on application for licence.
7. Identification of licensed fishermen.

RegistraIlon and Licensing of Boats
8. Boats used for Ssbing to be registered and licensed.
9. Application for registration of a fishing boat and partifulan

10. Register of fishing boats to be kept
11. Registered fishing boat to be licensed.
12. Change of ownership of fishing boat otherwise than by death.
13. Change of ownership of fishig boat on death of owner.
14. M u r e where fishing boat lost, destroyed, permanently un-

15. Refusal, cancellation or suspension of licenoe.
16. R a t of appeal against refmal. cancellation or suspension of

17. Procedure on loss of licence.

thereof.

serviceable.

licence.

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Fishery ProIection

18. Minister may declare fish sanctuary.
19. Minister may declare close season.
20. Fishery Inspactor may enter boats. examine licences. etc.

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2 FISHING INDUSTRY

21. Fishery Inspector may seize equipment being used illegally.
22. Penalty for removing hh-pot, etc., of another.
23. Penalty for landing and sale of illegally caught fish.
2 3 ~ . Licences in respect of fishing in the exclusive economic zme.

General
24.
25. Regulations.
26. Power to amend Schedule.
21. Forfeiture of things seized.
28. Resident Magistrate may deal with extra-territorial offences.
29. General penalty.

Duties of owners of carrier and other deep-sea fishing vessels.

SMHDULB

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FlSHING INDUSTRY 3

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THE FISHING INDUSTRY ACT Act
17 of 197%
33 d 1991

[Ist October, 1976.1 S.U.

Preliminary
1. This Act may be cited as the Fishing Industry Act. a0,.ttidr

2. In this Act- Intnprcta-
lion.

“fish” includes shell fish, crustaceans and marine or
fresh water animal life;

“Fishery Inspector” means any game warden approved
as such under the Wild Life Protection Act, any
member or officer of the Constabulary Force, any
soldier, non-commissioned officer, warrant officer
or officer of the Jamaica Defence Force or any
public officer designated a Fishery Inspector by
general notice;

“fishing” means catching or attempting to catch any
fish in any manner whatsoever and includes killing,
gathering or destroying any fish;

“fishing boat” or “boat” means any canoe, floating
platform, decked boat, carrier vessel, vessel
equipped with an outboard or an inboard motor,
or other vessel used for the purpose of fishing

“Licensing Authority” means the public 05cer designa-
ted by the Minister pursuant to section 4, and
includes any person carrying out such functions
of the Licensing Authority as may be assigned to
such person;

“licensed fisherman” means a person licensed to fish
pursuant to section 5;

“Minister” means the Minister for the time being
responsible for fisheries.
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4 FlSHlNG INDUSTRY

Fishing Licences
Prohibition
of fishing
wilhout
kcncc.
SEhedUlC.

Appoint-
ment of
Licensing
Authority
md
auist.ats.

certain cab-
goria oi
ftshermcn to
be lianrsQ

3.-(1) Subject to subsection (2), after the expiration of
thirty days from the commencement of this Act, no person
shall, using any of the methods specified in the Schedule,
engage in fishing in Jamaica or, if a citizcil of Jamaica, such
areas outside Jamaica as may be prescribed, unless he is the
holder of a valid licence issued by the Licensing Authority.

(2) The Minister may, by order, subject to such terms
and conditions as he may specify, exempt from the require-
ments of this section-

(a) persons who he is satisfied are engaged bow fide
in research and who intend to fish only for
scientific purposes;

(b) any other category of person specified in the order.

(3) Any person who contravenes the provisions of
subsection (1) or who fails to observe any term or condition
imposed by an order made under subsection (2) shall be
guilty of an offence and liable on summary conviction before
a Resident Magistrate to a fine not exceeding one thousand
dollars and, in default of payment, to imprisonment for a
term not exceeding twelve months.

4 The Minister may designate by general notice a public
officer as the Licensing Authority and such other public
officers as he may think fit to assist the Licensing Authority.

S.-(l) The Licensing Authority may, on application
made in the prescribed manner and on payment of the
prescribed fee, issue to any person who desires to fish using
any method specified in the Schedule a licence so to do.

(2) Any licence granted under this section may be
granted subject to such conditions, in addition to any
conditions that may be prescribed in respect of licences
generally, as the Licensing Authority thinks fit to impose.

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FISHING iNDUSTRY

Any conditions so imposed may at any time be varied,
added to, or revoked by the Licensing Authority.

(3) Any licence granted under this section may, in
the discretion of the Licensing Authority, be a temporary
licence which shall, u n h s previously cancelled under this
Act, continue in force only for such period or until such
date as may be specified in the licence. The Licensing
Authority may from time to time extend the operation of
any temporary licence for a further period or, as the case
may require, until a later date.

(4) Except in the case of a temporary licence issued
pursuant to subsection (3), every licence granted under this
section shall, unless previously cancelled under section 15,
continue in force for a period of two years, or such other
period as may be prescribed, from the date on which it is
granted.

(5 ) The Licensing Authority shall keep a register of
all licences issued under this section, and shall cause to be
entered therein such particulars as may be prescribed.

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6. In considering applications for licences under section Mattemto
bocoll.
iidnad on
application

(U) the desirability in the interest of the fishing industry iorlictnCc.
of granting a licence;

(b) whether or not the applicant operates or assists
in the operation of a canoe or other vessel, or is
a member of the crew of a deep-sea fishing vessel;

(c) such other matters as in his opinion are relevant
to the application.

5 the Licensing Authority shall have regard to-

7.-(1) Every licensed fisherman (other than the holder Id.ntih.
of a temporary licence issued pursuant to subsection (3) of liaarad
section 5) shall carry upon his person such identification fi-
card as may be prescribed at all times while, using any
of the methods specified in the Schedule, he is fishing in s~h.duh.

rionof

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6 FISHING INDUSTRY

Jamaica or, if he is a citizen of Jamaica, within such waters
outside Jamaica as may be prescribed pursuant to section 3.

(2) Any person who contravenes the provisions of
this section shall be guilty of an offence and liable on
summary conviction before a Resident Magistrate to a fine
not exceeding twenty dollars and, in default of payment
thereof, to imprisonment for a term not exceeding one
month.

Registration and Licensing of Boats
Boatauscd 8 4 1 ) After the expiration of thirty days from the com-
f o r r u b i Lobercglb mencement of this Act, no person shall use any boat for

fishing in Jamaica or, if a citizen of Jamaica, in such areas
outside Jamaica as may be prescribed pursuant to section
3, whether for purposes of recreation or sport, or by way
of business, unless-

40) such boat is registered in aocordance with the
provisions of this Act; and

(6) the owner of the boat is the holder of a valid
licence under this Act authorizing the boat to be
so used.

(2) The Minister may, by order, subject to such terms
and conditions as he may specify, exempt from the require-
ments of subsection (1)-

(a) any fishing boat which he is satisfied is to be used
born f d e for the purpose of scientific research,
and the owner thereof;

(ZJ) such other categories of boats and owners as may
be specified in the order.

(3) If any boat is used in fishing in contravention of
this section or of any terms or conditions imposed by the
Minister pursuant to subsection (2), the owner of the boat,
if he permits it so to be used, and every person who so uses
it, shall be guilty of an offence and liable on summary con-

lieMaod

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FISHING INDUSTRY 7

viction before a Resident Magistrate to a fine not exceeding
two hundred dollars and, in default of payment thereof, to
imprisonment for a term not exceeding six months.

(4) The Minister may, by order, subject to such terms
and conditions as he may specify, exempt from the pro-
visions of subsection (1) any fishing boat which he is satisfied
is to be used for and on behalf of the Government of
Jamaica.

9 . 4 1 ) Application for the registration of a fishing boat ~ ~ ~ l i ~ t l ~ ~
shall be made in the prescribed form to the Licensing z,,:f'im
Authority.

(2) Subject to the provisions of subsection (5), upon
receipt of an application for the registration of a fishing
boat, the Licensing Authority shall cause a Fishery Inspector
to inspect such boat and, if on such inspection the boat is
found to be fit for the purpose of fishing, the Licensing
Authority shall, subject to the provisions of subsection (41,
assign to such fishing boat a number (hereinafter referred
to as the registration number) and on payment by the
applicant of the prescribed registration fee, issue to
the owner of such fishing boat a certificate of registration
thereof in the prescribed form.

(3) The Licensing Authority may in his discretion-
(a) register a boat temporarily as a fishing boat; and
(b ) from time to time extend the operation of a

temporary registration for a further period or, as
the case may require, until a later date.

(4) The Licensing Authority may refuse to register a
fishing boat if he is satisfied that the registration thereof
would not be in the interest of the fishing industry, SO,
however, that the owner of a fishing boat may, within
twenty-one days after such refusal, appeal in writing to the
Minister against such refusal and the decision of the Minister
on such appeal shall be final.

fishing boat
and particu-
hrs thereof.

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8 FISHING INDUSTRY

( 5 ) Nothing contained in this section shall confer any
exemption from the provisions of the Shipping Act, or shall
authorize a Fishery Inspector to perform any functions
under that Ad.

Register of
fishing
boa1s to be
kept.

lO.-(l) The Licensing Authority shall keep a register
of all fishing boats registered under section 9, and shall
cause to be entered therein such particulars as may from
time to time be prescribed in respect of such fishing boats.

(2) The contents of such register shall be prima facie
evidence of aU the facts contained therein in all proceedings
under this Act.

RcgioterDd
fishmg boat
I0 be
licemed.

11.-(1) The Licensing Authority shall, on application
made in the prescribed manner and on payment by the
applicant of such fee as may be prescribed, issue to the
registered owner of every fishing boat registered under this
Act a licence for such boat to be used for fishing.

(2) Any licence granted under this section may, in
the discretion of the Licensing Authority, be a temporary
licence which shall, unless previously cancelled under this
Act, continue in force only for such period as may be
specified in the licence. The Licensing Authority may from
time to time extend the operation of any temporary licence
for a further period or, as the case may require, until a
later date.

(3) Except in the case of a temporary licence
pursuant to subsection (2), every licence granted under this
section shall, unless previously cancelled under section 15,
continue in force for a period of two years, or such other
period as may be prescribed, from the date on which it is
granted.

(4) The Licensing Authority shall keep a register of
all licences issued under this section, and shall cause to be
entered therein such particulars as may be prescribed.

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FISHING INDUSTRY 9

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(5 ) The person in charge of every registered boat

(a) cause the prescribed registration marks to be dis-
played in the prescribed manner on the boat; and

(b) on being so requested by a Fishery Inspector,
produce the licence for that boat.

(6) If the provisions of subsection (5) are contra-
vened or not complied with in the case of any boat, the
owner and the person in charge of the boat shall each be
guilty of an offence and shall, on summary conviction

.before a Resident Magistrate, each be liable to fine not
exceeding twenty dollars and, in default of payment thereof,
to imprisonment for a term not exceeding one month:

shall at all times when the boat is in use for fishing-

Provided that-
(U) in any proceedings under this subsection against

the owner or person in charge of any boat it shall
be a good defence for the defendant, being the
owner, to prove that the contravention occurred
without his knowledge and that he had taken all
reasonable steps to secure compliance with this
subsection, or for the defendant, being the person
in charge, to prove that he had taken all reasonable
steps to secure compliance with this subsection;
and

(b) if, within five days after the production of the
licence was required, the holder of the licence
produces the licence at such place as may be
specified by the Fishery Inspector at the time its
production was required, he shall not be convicted
of an offence under paragraph (b) of subsection
(5).

1 2 4 1 ) On the transfer of ownership of a registered cbanE.,of -
fishing boat otherwise than by death-

-
owoeGhip
of fishing
boat othcr-
wiac than
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FISHING lNDUSTRY

(a) the fishing boat shall not be used for fishing for
more than thirty days after such transfer of owner-
ship unless the new owner is registered as the
owner thereof;

(b) the registered owner and the new owner shall,
within thirty days after such change of ownership,
make a joint application in writing to the Licensing
Authority for the fishing boat to be registered in
the name of the new owner;

(c) such application shall be accompanied by the certi-
ficate of registration and shall state- .

(i) the name and address of the new owner;
(ii) the date of transfer of ownership.

(2) Upon receipt of an application under subsection

(a) revoke the certificate of registration and issue a
new certificate of registration in the name of the
new owner;

(b) renove from the register the name and address of
the registered owner and enter thereon the name
and address of the new owner and the date on
which such entry is made,

and from such date the new owner shall be deemed to be the
registered owner of such fishing boat for the purposes of
this Act.

(1) the Licensing Authority shall-

change of
ownership
of 6shiw
boaton
death of
OWIICI.

13.-(1) On the death of the registered owner of a fishing
boat, the person into whose custody the boat lawfully comes
shall, within sixty days of its coming into his custody,
give notice of that fact to the Licensing Authority who shall
give such directions in writing as he may think fit as to the
use of the boat pending registration in the name of a new
owner.

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FlSHlNG lNDUSTRY 11

(2) Any person to whom permission is given to use
such fishing boat for fishing pending registration in the name
of a new owner shall, for the purposes of this Act, be
deemed to be the registered owner of such fishing boat
during the period for which such permission is given.

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14.41) Where a fishing boat- Procedure

w h m

boar 1-
deatmys4
w m w
.blU

(a) is lost;
(b) is destroyed;
(c) becomes permanently unserviceable; uIIs%v*
(d) has its physical appearance altered; or
(d is no longer intended to be used as a fishing boat,

the registered owner of such fishing boat shall forthwith
report the matter to the Licensing Authority.

(2) Where the boat is reported to be lost or
destroyed, the Licensing Authority shall, on b e i i satisfied
of the loss or destruction, revoke the certificate of registra-
tion of that boat and amend the register accordingly.

(3) Where the boat is reported to have become
permanently unserviceable and not fit for the purpose of
fishing, the Licensing Authority shall cause a Fishery
Inspector to inspect such boat and, on being satisfied that
the boat is permanently unserviceable, shall revoke the
certificate of registration and amend the register accordingly.

(4) Where the Licensing Authority is satisfied that a
boat is no longer intended to be used as a fishing boat, the
Authority shall revoke the certificate of registration and
amend the register aocordingly.

(5) Any person who wneavenes the provisions of
subsection (1) shall be guilty of an offence and shall, on
summary conviction thereof before a Resident Magistrate,
be liable to a fine not exceeding fifty dollars and, in default
of payment thereof, to imprisonment for a term not ex-
ceeding three months.

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12 FlSHlNG lNDUSTRY

Rcfuaal,

orauspn-

aimof hcaia#,

15. Subject to the r a t of appeal conferred by section 16
the Licensing Authority may, in his discretion, refuse to
grant a licence under this Act or may cancel or suspend
any licence so granted if the holder of the licence fails to
comply with any of the provisions of this Act or of any
regulations made under this Act, or commits a breach of
any of the conditions of his licence.

canoellation

Rightof 16.41) In any case where the Licensing Authority refuses
appal to grant a licence under this Act, the applicant for the =* C O n a l h t i O ~ licence may, at any time within thirty days after the
g;y=n- Licensing Authority’s decision has been communicated to
ECC~CS. him, appeal in the prescribed manner to the Minister.

(2 ) Where the Licensing Authority decides to cancel
or suspend any licence issued under this Act, the Licensing
Authority shall inform the holder of the licence-

(a) of the Licensing Authority’s decision to cancel or
suspend such licence, together with the reasons
therefor; and

(b) that the holder of the licence may at any time
within thirty days after the Licensing Authority’s
decision has been communicated to him, appeal in
the prescribed manner to the Minister.

(3) The cancellation or suspension of a licence shall
not take effect until the expiration of the period of thirty
days aforesaid or, if any appeal made is unsuccessful, on
the determination of the appeal.

(4) Where a licence has been cancelled, the holder
pf the licence shall surrender such licence to the Licensing
Authority and the Licensing Authority shall cause the
register to be amended accordingly.

(5) In any appeal pursuant to subsection (1) or sub-
section (2), the Minister’s decisioa shall be €ha1 and con-
clusive and not subject to any further right of appeal.

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FISHING INDUSTRY E3

17. where any licence issued under this Act :or any p r d u m .
regulations made thereunder is accidentally destroyed; . .
defaced or lost, the Licensing Authority may, if satisfied '...' : .
as to the destruction, defacement -or 10s~ of such licence,
and on payment by the licensee of such f e . as. may be
prescribed, issue' to the licensee a substitute licence. Such
licence shall be clearly marked "Duplicate" and a note shall
be.made in the register. setting out the reason for the issue
of such duplicate licence.

onloarof 1 .

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. . . . ~ . Fishery Protection
18.-(1) The Minister may, from time to time, 'by order ~ in ia t r r

may d d a n declare. any.-area specified in such order to- be a fish &h
sanctuary: ' ' .~ - -.

- . ~.

(2) Any person who fishes or attempts to fish in
any 'area declared by the Minister to be a~ fish sancbary
shall be'guilty of an offence and liable, on sumpuiy convie
tion before a Resident Magistrate, to a ~e not-exceedimg
five -hundred dollars -and, in. default of payment &reof,
to. imprisonment.for a term not exceeding six months.

. .

19.--(1) The Minister may, from time to -time, by order Minirw
m y deck* declare any-.period to be a close season for. any specks of d O M won.

fish specifiddin . . . such order.
'.' . . (21 Any person who, during aily close semn foi m y
species of fish, takes 'any 'fish of such species M in any way
injures or disturbs such fish, shall be guilty of an offence
andrlibble, on summary conviction thereof 'before a Resident
Magistrate, to a fine not exceeding five hundred dollars
and, in defaubof payment^ thereof, to imprisonment for

.
. ~ t3)-Subsection (2) shallinot apply to B fjerS0n:who

takes a fish of such species accidentally and returns it to
the water with the least possible delay.

. .~

2 teim noieXcedhg six .nionths. . . .

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14 FISHING INDUSTRY

F ~ I Q - 2 0 4 1 ) Any Fishery Inspector, for the enforcement of
cntcrhg t e provisions of this Act, may at all times-
IlCCIlCW. (a) enter any boat engaged in fishing in contravention
etc. of the provisions of this Act, or which he

reasonably suspects to be so engaged and, for that
purpose, may require that the boat be placed in
such position as he may direct;

(b) require the person in charge of such fishing boat
to produce the licence for such boat;

(c) require the person in charge of such fishing boat
to give any explanation concerning such boat and
any person on board such boat;

(d) require any person on board such fishing boat to
produce his identification card or his licence to
fish;

(e) examine all fishing nets, lines and other fishing
equipment being used on or in connection with
such boat;

0 do all such other acts as he is authorized or re-
quired to do by this Act and by any regulations
under this Act.

spector may
cxpmmc

(2) Any person who-
(a) refuses, neglects or fails to comply with any

direction given to him by any Fishery Inspector; or
(6) refuses or fails to produce any licence which he is

required by any Fishery Inspector to produce; or
(c) refuses, without reasonable cause, to give any

explanation which he is required by any Fishery
Inspector to give; or

(4 assaults or obstructs any Fishery Inspector acting
in the execution of his duty; or

(e) refuses or fails to produce his identification card
when required by any Fishery Inspector to pro-
duce it,

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FiSHlNG INDUSTRY 1s

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shall be guilty of an offence and liable, on summary con-
viction thereof before a Resident Magistrate, to a fine not
exceeding five hundred dollars and, in default of payment,
to imprisonment for a term not exceeding twelve months,
or to both such h e and imprisonment :

Provided that a person shall not be convicted of an
offexe under paragraph (b) if, within five days after the
production of the licence was required, the holder of the
licence produces the licence at such place as may be specified
by the Fishery Inspector at the time its production was
required.

21. Any Fishery Inspector may, with or without warrant, ~ i & -
seize any boat, net, gear, tackle or other fishing equipment
that is being used by any person who is found committing z$;mzi
an offence against this Act or any regulations under this illegally.
Act.

22.-(1) Any person who unlawfully removes, takes Pmaltyfor
removing away, or has in his possession any boat, fish-pot, net, gear

or other fishing equipment belonging to some other person, E;&,
or destroys, damages, displaces or alters the position of
such boat, fish-pot, net, gear, or other fishing equipment
or of any buoy, float or other mark connected thereto
shall be guilty of an offence and liable on summary con-
viction thereof before a Resident Magistrate to a fine not
exceeding one thousand dollars and, in default of payment
thereof, to imprisonment for a term not exceeding twelve
months.

(2) In relation to a person who is a citizen of
Jamaica, the territorial extent of the offence created by
subsection (1) is not limited to Jamaica and the territorial
waters of Jamaica but applies as well to the waters beyond
the outer limits of such territorial waters.

(3) For the purposes of the Larceny Act any fish in
a fish-pot shall be deemed to be in the private property
of the owner of the pot.

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16 FlSHING INDUSTRY

23. Any person who knowingly lands, sells, buys or has
in his possession any fish taken, killed or injured in con-
travention of the provisions of this Act or of any regulations
under this Act shall be guilty of an offence and liable, on
summary conviction before a Resident Magistrate, to a fine
not exceeding one thousand dollars and, in default of pay-
ment thereof, to imprisonment for a term not exceeding
twelve months.

General
UA. Any licence granted under section 5 or 11 in relation

to the exclusive economic zone shall be subject to the pro-
visions of the Exclusive Economic Zone Act or any order
made under section 11 of that Act.

Penalty for
Landing and
sale of
illegally
caught fish.

L i C W
in respect
of Bshins
in the ex-
dusive
ecaoomic
W U C .
3311991 s. 22.
Duties of
owners of
carrier
vessels.

24.-(1) The owner of every carrier vessel shall-
(U) keep a register (which shall be available for in-

spection by the proper authorities at all reasonable
times) of all fishermen employed by him or operat-
ing from such vessel or otherwise associated with
such owner in a fishing expedition in circumstances
which indicate that the owner is primarily
responsible for their welfare during such expedi-
tion;

(b) make arrangements for supplying such fishermen
with adequate food and drinking water when such
fishermen are engaged in deep-sea fishing or fishing
from any cay;

1c) make arrangements for the rescue in cases of bad
weather or emergency of such fishermen engaged
in deep-sea fishing or fishing from any cay;

(d) make such arrangements as may be prescribed for
the payment of any fine or penalty incurred by
such fishermen or fishing boat by reason of fishing
without the proper permit or licence in waters
with foreign jurisdiction;

(e) keep a register of all fishermen transported by him.
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FlSHlNG INDUSTRY

(2) Any person who contravenes or fails to comply
with the provisions of this section shall be guilty of an
offence and liable on summary conviction before a Resident
Magistrate-

(U) in the case of an offence under paragraph (U) or
paragraph (e) of subsection (l), to a fine not
exceeding one hundred dollars and, in default of
payment thereof, to imprisonment for a term not
exceeding three months;

(b) in the case of an offence under paragraph (b) of
subsection (11, to a fine not exceeding five hundred
dollars and, in default of payment thereof, a term
of imprisonment not exceeding six months;

(c) in the case of an offence under paragraph (c) of
subsection (U, to a h e not exceeding five thousand
dollars and, in default of payment thereof, a term
of imprisonment not exceeding twelve months; and

(d) in the case of an offence under paragraph (d of
subsection (l), to a fine not exceeding five thousand
dollars and, in default of payment thereof, a term
of imprisonment not exceeding twelve months.

(3) In this section “carrier vessel” means a vessel

(a) to transport fishermen to any cay for such fisher-
men to engage in fishing from that cax

(b) to transport fishermen and their boats to deep-sea
fishing areas and to serve as a base for such
fehermen to engage in deep-sea fishing;

(c) to transport food, water, fuel and materials for the
construction and repair of 6sh-pots and other
fishing equipment for fishermen engaged in deep-
sea fishing or fishing from a cay;

(d to transport any fish caught by such fishermen to
shore; or

which is used-

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18 FISHING INDUSTRY

(e) to transport such fishermen and their equipment
back to shore,

whether or not such fishermen are-
(i) employed by the owner of the carrier vessel;

or
(ii) otherwise associated with the owner of such

vessel in any fishing expedition; or
(ii) independent fishermen transported on such

vessel.

Rcgulatioos. 25. The Minister may from time to time make regulations *
generally for giving effect to the purposes and provisions of
this Act and in particular (but without prejudice to the
generality of the foregoing) may make regulations-

(a) prescribing the manner of application for any
licence or certificate of registration to be issued
under this Act;

(b ) prescribing the form of any licence or certificate
of registration to be issued under this Act;

(c) prescribing the form of and the particulars to be
shown on identification cards to be issued under
this Act;

(d) prescribing the particulars to be stated in any
register to be kept under this Act;

(e) making provision in respect of the inspection from
time to time of boats used in fishing;

v) prescribing or prohibiting the use of various types
of fishing equipment;

(g) prescribing or prohibiting methods of fishing within
certain areas or at certain periods;

(h) making provision in respect of the marketing or
disposal of fish;

( I ) making provision in respect of the management and
control of fishing beaches;
me induaion of this page is authorized by LN. 31/1977l

FISHING INDUSTRY 19

(j) making provision in respect of the keeping of statistics
in connection with the fishing industry;

(k) prescribing measures for conservation of fish;
(0 prescribing measures for the safety and welfare of

fishermen and men otherwise engaged in the fishing
industry;

(m) prescribing fees to be paid in connection with the issue
of any certificate of registration or licence to be issued
under this Act;

(n) prescribing the particulars to be marked on fishing
boats and other fishing equipment;

(0) prescribing anything required or permitted by this Act
to be prescribed.

26. The Minister may from time to time by order amend ::;;Io

27. Any boat, net, fishing equipment, implements or :'';E:;

8

the Schedule. Schedule.

appliances used in the commission of any offence against seized.
this Act in respect of which there is a conviction may,
in the discretion of the Court, be forfeited to the Crown.

28. Notwithstanding any provision to the contrary in any
other enactment, proceedings against any person for an maydeal
offence under this Act may be commenced before a wi'hextra-
Resident Magistrate having jurisdiction in thc parish where
that person is for the time being, and, for all incidental
and consequential purposes, the offence shall be deemed to
have been committed within the boundaries of that parish.

29. Any person who commits an offence against this Act
for which no other penalty is provided shall be Liable on
summary conviction before a Resident Magistrate to a fine not
exceeding one hundred dollars and, in default of payment
thereof, to imprisonment for a term not exceeding three
months.

temilmial

penalty.

[ ~ h r inriYIIm *f tbi, p9E i l .ulhorirsd by L.N in0011

20 FISHING INDUSTRY

SCHEDULE (Sections 3.5 and 7)

Specified methods offishing

Fishing by meansof-

(a) traps or pots;

(b) nets;

(c) spear guns;

(d) lines from a boat;
(e) diving with the use of underwater breathimg apparatus L.N.

including Hookah and SCUBA gear; 17/2000.

L.N. (f) Hawaiian sling.
1712ow.

0

0
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