Fisheries Resources (Potters Cay Fish Landing Complex) Regulations

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1986/1986-0011/FisheriesResourcesPottersCayFishLandingComplexRegulations_1.pdf
Published: 1986-03-03

Fisheries Resources (Jurisdiction and Conservation)
FISHERIES RESOURCES (JURISDICTION AND
CONSERVATION)

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

PART B (Regulation 49 (3))

LICENCE TO OPERATE A FACTORY TO PROCESS OR
PRESERVE FISHERY RESOURCE OR FISHERY PRODUCT

FISHERIES RESOURCES (JURISDICTION AND
CONSERVATION) ACT

(Ch. 244)

FISHERIES RESOURCES (JURISDICTION AND
CONSERVATION) REGULATIONS

No. .....................
This licence is granted to ...........................................................
to operate a factory for processing or preserving fishery
resource or fishery product.
This licence expires on 31st December, 19
Dated this .................................. day of ....................... 19 .......

MINISTER OF ECONOMIC AFFAIRS, AGRICULTURE
AND FISHERIES

FISHERIES RESOURCES (POTTERS CAY FISH
LANDING COMPLEX) REGULATIONS

(SECTION 19)
[Commencement 3rd March, 1986]

1. These Regulations may be cited as the Fisheries
Resources (Potters Cay Fish Landing Complex) Regula-
tions.

2. In these Regulations —
“Complex” means that facility or undertaking known

as the Potters Cay Fish Landing Complex
established and carried on by the Government at
the western portion of Potters Cay in the
Harbour of Nassau;

“causeway” means that causeway or road in the
Island of New Providence known as the
Mackey Street causeway commencing at the
southern end of the Paradise Island bridge and
extending northwards on both sides of that
bridge to Potters Cay;

S.I. 11/1986
S.I. 27/1992

Citation.

S.I. 11/1986

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

“fishery inspector” means a person who is an
inspector under the Act and is an employee of
the Ministry;

“fishery product” means any product consisting wholly
or mainly of fishery resource in whatever form
whether live, frozen, iced, dried or salted and
which is intended for human consumption;

“landing” is a reference to the unloading of any
fishery product and in relation to fishery
product landed at the Complex includes the
washing, grading, weighing and packaging of
that product by the Complex;

“Manager” means the person duly appointed to carry
out the duties of manager of the Complex;

“wholesale” means the sale by the owner or master of
a vessel to any person of any fishery resource
for use or sale in any business licensed under
the Shops Act, any public institution or resale to
members of the public.

3. (1) The Minister shall have the overall responsi-
bility for the administration of the Complex.

(2) The day to day administration of the Complex
including the utilisation of its docking facilities shall be the
responsibility of the Manager.

(3) Subject to paragraph (1) the Manager in carrying
out the functions mentioned in paragraph (2) shall be
subject to the directions and control of the Director of
Fisheries.

4. (1) Every vessel engaged in commercial fishing
shall when landing any fishery product in New Providence
intended for sale by wholesale, land such product at the
Complex.

(2) Every vessel transporting only fishery product
from any Family Island to New Providence for sale there
by wholesale shall land such product at the Complex.

(3) Paragraphs (1) and (2) shall not apply to any
vessel carrying fishery product which consists wholly of
live fish or live shellfish.

Administration
of Complex.

Administration
of Complex.

FISHERIES RESOURCES (JURISDICTION AND
CONSERVATION)

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

5. (1) Subject to paragraph (2) fishery product
which is required by regulation 4 to be landed at the
Complex shall be sold at the Complex and in the area
which the Manager shall designate for that purpose.

(2) No person shall sell fishery product at the
Complex unless he is registered as a seller.

(3) Any person engaged in commercial fishing or,
as referred to in regulation 4(2), the freighting of fishery
product may apply to the Manager for registration as a
seller.

6. No person may buy fishery product at the
Complex unless he is registered as a buyer.

7. (1) A person in control of a vessel utilising the
docking facilities of the Complex shall comply with any
directions given by the Manager as to the docking at, or
removal of the vessel from, the Complex, as the case may
be.

(2) A person in control of a vessel shall not utilise
the wharf facilities of the Complex without the permission
of the Manager.

8. (1) Subject to regulations 7 and 9 only vessels
engaged in commercial fishing or, as mentioned in
regulation 5(3), in freighting fishery product shall dock at
or be alongside the wharf of the Complex.

(2) Vessels when docking at the Complex other than
for the purpose of landing shall do so along the southern
sea wall of the Complex.

9. (1) Any vessel landing at the Complex shall do
so unless otherwise directed by the Manager, at the
northern wharf of the Complex and pay the landing and
marketing fees computed in accordance with the provisions
of Part I of the Schedule.

(2) Any vessel utilising the docking facilities of the
Complex shall pay therefor the fee set out in Part II of the
Schedule in respect of the period specified against that fee.

10. (1) An application for registration as a seller or
buyer at the Complex shall be made to the Manager in
writing and stating —

(a) the full name and address of the applicant;

Sale of fishery
product landed
at Complex.

Purchasing at
Complex of
fishery product.
Use of wharf at
Complex.

Permitted users
of wharf at
Complex.

Landing and
docking fees at
Complex.

Registration of
sellers and
buyers.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) the nature of the business in which the applicant
is engaged;

(c) the particulars of any fishing vessel owned by
the applicant; and

(d) any credit reference.
(2) The Manager shall if he is satisfied that the

applicant for registration —
(a) as a seller is a person engaged in such activity as

is mentioned in regulation 5(3); or
(b) as a buyer is a person engaged in the marketing

of fishery product,
register that person as a seller or buyer, as the case may be
upon the payment of the annual fee specified in respect
thereof in Part III of the Schedule.

(3) The registration of a seller or buyer shall expire
on the 31st December of the year in which the registration
has been effected.

11. (1) The Manager shall maintain at the Complex
a register of all persons registered as sellers and buyers
under these Regulations.

(2) The register shall be available for inspection free
of charge during the hours when the Complex is normally
open for business.

12. (1) The Complex shall be normally open daily
except on Sundays and public holidays from 6 a.m. to 6
p.m. but the hours for the sale of fishery product thereat
shall be from 9 a.m. to 5:30 p.m. on Monday through
Friday and from 9 a.m. to 1 p.m. on Saturday.

(2) During the hours when the Complex is open for
the conduct of business it shall be open to any person
having a bona fide interest to conduct business at the
Complex but the Manager may refuse to admit any person
whose conduct he is of the opinion would be prejudicial to
the normal carrying on of the business of the Complex and
may order any such person if present on the premises of the
Complex to leave.

(3) Where prior arrangements have been made with
the Manager by the master of a vessel for the landing of
any fishery product outside the normal hours, nothing in
paragraph (1) shall prohibit the Complex from facilitating
that landing subject to the payment of the prescribed
charges.

Register.

Normal business
hours of
Complex.

FISHERIES RESOURCES (JURISDICTION AND
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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

13. (1) Any fishery product landed at the Complex
or the causeway shall —

(a) be subject to inspection by fishery inspectors;
and

(b) comply with any law pertaining to the size and
type permissible for catching and standard of
quality.

(2) Fishery product for sale which an inspector is of
opinion contravenes any such law as is referred to in
paragraph (1)(b), shall not be sold or offered for safe and
may be seized by the inspector.

(3) The person in possession of any fishery product
to which paragraph (22) applies shall comply with any
directions given by an inspector as to the disposal of that
product.

14. (1) Any person who the Manager is satisfied is
engaged in commercial fishing, may purchase the
following from the Complex —

(a) ice in minimum quantities of 50 pounds;
(b) potable water in minimum quantities of 50

gallons;
(c) diesel oil and gasoline;
(d) fishing gear and other supplies.

the Complex shall as far as possible provide the following
services upon payment of the respective fees mentioned in
Part IV of the Schedule —

(a) unloading, handling, weighing, washing, grading
and packaging of fishery product except conch in
the shell;

(b) storage of fishery product or other items in chill
or cold storage;

(c) freezing of fishery product or other items;
(d) minor vessel repairs;
(e) the use of electrical outlets;
(f) use or rental of refrigerated vehicle.
(3) The services specified in paragraph (22) shall be

subject to such conditions as are set out in Part V of the
Schedule and, without prejudice to those which shall be
regarded as basic conditions, to such conditions as are
agreed upon between the person paying therefor and the


Inspection of
fishery products.

Services and
supplies
available at
Complex.

CH.244 – 44] FISHERIES RESOURCES (JURISDICTION AND
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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Manager or as notified to or reasonably brought to the
attention of that person prior to the agreement for such
services by written notices prominently displayed on the
premises of the Complex.

15. The Manager may cause to be removed from the
premises of the Complex any vessel whose captain or other
person in charge thereof fails to comply with regulation 7,
8 or 9(1).

16. Any person who contravenes any provisions of
these Regulations or who fails without lawful excuse to
comply with any directions given pursuant thereto shall be
guilty of an offence and liable on summary conviction to a
fine of five hundred dollars or to imprisonment for six
months and in addition the court may order the payment by
that person to the Government of any reasonable expense
incurred by the Government by reason of such breach.

17. (1) Where any fees prescribed by these
Regulations remain to be paid to the Government for
services rendered to, or facilities utilised by, a vessel at the
Complex pursuant to any agreement and which agreement
authorises the Manager to cause the vessel to be removed
from the Complex or elsewhere until the fees due are
recovered together with any expenses incurred in such
removal or detention, the Manager may proceed to effect
such removal and detention.

(2) No removal or detention of a vessel under
paragraph (1) shall be made unless notice in writing
demanding payment of the fees has been made by the
Manager upon the owner of the vessel or the person at
whose request the services were rendered or facilities made
available.

(3) For the purpose of securing the removal or
detention of a vessel authorised under these Regulations,
the Manager or any person under his control may board
and take possession of the vessel for the purpose of
effecting the removal or detention and any member of the
police force or defence force, if requested by the Manager,
shall render assistance in effecting such boarding.

Removal of
offending
vessels.

Offences.

Enforcement of
payment of fees.

FISHERIES RESOURCES (JURISDICTION AND
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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

SCHEDULE
PART I

Landing Fee Two (2) cents per pound of fishery
product.

Marketing fee Two (2) cents per pound of fishery
product.

Additional charges for
landing after normal
working hours or on
Sundays or on Public Holidays —
(a) Labour $10.00 per man hour
(b) Handling equipment $10.00 per hour

PART II
Dockage Fee Fifteen (15) cents per foot per day

or part of the day.

PART III
ANNUAL BUYERS’/SELLERS’
REGISTRATION FEE $5.00

PART IV

(1) Freezing of Fishery Product —
(i) Partially Frozen (Between

21°F and 30°F) Two (2) cents per pound
(ii) Chilled, iced or fresh Six (6) cents per pound
(2) Chill storage of fishery product or other items —
(i) not exceeding seven

(7) days
One (1) cent per pound per day

(ii) exceeding seven (7)
days but not exceeding
thirty (30) days seven (7) cents per pound

(3) Frozen storage of fishery product or other items —
(i) not exceeding seven

(7) days
One (1) cent per pound per day

(ii) in excess of seven (7)
days but not exceeding
thirty (30) days Eight (8) cents per pound

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]


(4) Use of electrical services

charge
$3.00/day per outlet plus $2.00

(5) Water for replenishing
tanks

One dollar and eighty cents ($1.80)
per 100 gallons or part thereof plus
$2.00 service charge

(6) Minor vessel repairs Cost (being the cost for parts and
labour supplied) plus 15% thereof

(7) Use of rental of
refrigerated truck

$30.00 per hour

(8) Sale of ice Seven (7) cents per pound

PART V
TERMS AND CONDITIONS OF STORAGE AND FREEZING

Goods will be accepted by the Fish Landing complex only
under the following terms, conditions and agreement.
1. Tender for Storage.

(a) All goods for storage shall be delivered at the
cold storage properly marked and packed for handling and
identification. The storer shall furnish at or prior to such
delivery a manifest showing marks, brands or size to be
kept and accounted for separately; otherwise the goods may
be stored in bulk or assorted lots at the discretion of the
Manager, except where special arrangements have been
made with the Manager.

(b) The word “lot” as used herein means the unit of
goods for which a separate account is to be kept by the
Manager.

(c) The Complex undertakes to store and deliver
goods only in the packages in which they originally are
received except where arrangements have been made
otherwise between the storer and the Manager.

2. Storage Period and Handling Rates and Charges.
(a) All goods are stored on a day to day basis, unless

otherwise provided.
(b) Charges for any lot shall begin on the date of

receipt in storage of the lot and shall continue and include
the last storage day during which the lot is delivered.

(c) All goods in storage and services are subject to
the charges as specified in Part IV of this Schedule. Tariff
rates apply on net weights.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(d) Rates do not include insurance for fire, earthquake,
hurricane or other risks. Manager or Complex will not arrange
for insurance.

(e) A charge will be assessed for goods received in
unfrozen condition for storage at freezer temperature.

(f) Storage charges will be billed at a rate applicable
to the tonnage balance at the end of each month, all other
charges are due when incurred. The charges are payable on
demand and the payment subject to interest from date billed
by the Complex. An interest charge of 1½% per month
(18% per annum) shall be assessed on all balances due over
30 days. No account will be allowed to deplete without all
charges being paid in full in advance. Charges remaining
unpaid after 90 days — product will be subject to sale by
the Manager to satisfy cold storage charges.

(g) The Complex will not be responsible for demurrage
or detention of trucks or vessels unless unreasonably caused by
the officers or employees of the Complex and a prearranged
schedule acceptable to the Manager for loading and unloading is
within normal operating hours.

When goods are ordered out, a reasonable time shall be
given the Manager to carry out instructions. Overtime
loading and unloading will be subject to extra labour
charges.

3. Delivery and Transfer Requirements.
(a) Written orders properly signed are required for

the delivery or transfer of property. All orders shall clearly
specify the lot number and particulars of description of the
property. Telephone or telegram orders shall be confirmed
in writing and will be accepted by the Manager only upon
condition that the Complex shall not be responsible for any
loss or error occasioned through such acceptance.

(b) Instructions to transfer goods on the books of the
Complex are not effective until delivered to and accepted by
the Manager and all charges up to the time of transfer are
chargeable to the storer and payable before the transfer is
made.

(c) The Complex reserves the right to move without
notice at its own expense any goods in storage from any room of
the cold storage in which they may be stored to another one.

4. Liability.
(a) The Complex and the Manager assume no liability

for any loss or injury to the goods stored which could not
have been avoided through the exercise of reasonable care
and diligence, including any loss or injury occurring through
the availability of any emergency equipment.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) The Complex is not responsible for shrinkage in
weights due to evaporation; or for loss or damage caused by
fire (from any cause), decay, taint, rot or other inherent
qualities, of the accidental or providential causes, or other
causes beyond its control, or breakage, leakage, improper
packing, pilferage, theft, vermin or water (from sprinklers
or otherwise); or by destruction of, or interference with the
refrigerating or cooling apparatus, connection, or supply
pipe, or interruption of the refrigerating process.

(c) In case of accident to the plant, premises or
machinery of the Complex or if for any reason it shall be
deemed by the Manager to be unsafe or inexpedient to
continue the storage of the goods herein described, the
Manager may terminate any agreement for storage by
notifying storer of such termination and requiring the
immediate removal of such goods.

Storer agrees that within forty-eight (48) hours after
the receipt of such notice he will pay all charges and
remove the said goods, failing which and at the expiration
of said forty-eight (48) hours, the liability of the Complex
from any cause whatever shall cease.

(d) The Complex will not be responsible for contents
of opentop containers or for goods stored after one (1) year.

(e) Storer waives all right of subrogation against the
Complex, its officers and employees.
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