CHAPTER
244
FISHERIES RESOURCES (JURISDICTION AND CONSERVATION) |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Establishment of exclusive fishery zone. |
Limits of exclusive fishery zone. |
Legal character of the exclusive fishery zone. |
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Fishery conservation and management principles
and conditions. |
Regulation of Bahamian fishing vessels to fish
for fishery resources for commercial purposes. |
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Power to declare protected areas. |
Powers of seizure, arrest, etc. |
Persons in custody to be brought before
magistrate's court or released. |
Detention of vessels, etc. |
Provisions relating to forfeiture. |
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Restriction on export and import of fishery
resources. |
Restriction on long-line fishing. |
Penalty for subsequent conviction of same
offence. |
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SCHEDULES |
SCHEDULE - Provisions relating to Forfeiture. |
CHAPTER 244 |
FISHERIES
RESOURCES (JURISDICTION AND CONSERVATION) |
An Act to
make provision with respect to the conservation and management of the fishery
resources of The Bahamas and to extend the limits of the jurisdiction of The
Bahamas over such fishery resources and for matters connected therewith or
incidental thereto. | 13 of 1977
7 of 1979
5 of 1985
28 of 1993
38 of 1993 |
[Assent 6th June,
1977]
[Commencement 16th June, 1977
(except section 21: 3rd March, 1986)] |
1. This Act may be cited as the Fisheries Resources
(Jurisdiction and Conservation) Act. | Short title. |
2. (1) In this Act, unless the context otherwise
requires- | Interpretation. |
"Bahamian"
in relation to a fishing vessel means- |
(a) bona
fide owned by a citizen of The Bahamas resident in The Bahamas; or |
(b) a company
registered in The Bahamas under the Companies Act in which all the shares are beneficially owned by
citizens of The Bahamas resident in The Bahamas; |
"beneficially
owned" shall be construed as in section 300 of the
Companies Act; |
"commercial"
in relation to fishing means the fishing for any fishery resource for the
purpose of subsequent sale whether the person fishing for the same does so on a
full-time basis or part-time basis; |
"conservation
and management" refers to all of the rules, conditions, methods, and other
measures which are required to rebuild, restore, or maintain, and which are
useful in rebuilding, restoring or maintaining any fishery resource and the
marine environment, and which are designed to ensure that- |
(a) a supply of
food and other products may be taken and that recreational benefits may be
obtained, on a continuing basis; |
(b) irreversible
or long term adverse effects on fishery resources and the marine environment
are avoided; and |
(c) there will
be a multiplicity of options available with respect to the use of such
resources; |
"continental
shelf" means the continental shelf appertaining to The Bahamas, that is to
say, the seabed and subsoil of the submarine areas adjacent to the coasts, but
outside the territorial sea of The Bahamas, to a depth of two hundred metres
or, beyond that limit, to where the depth of the superjacent waters admits of
the exploitation of the natural resources of the said areas; |
"court"
means magistrate's court; |
"exclusive
fishery zone" means the exclusive fishery zone of The Bahamas established
by section 4, the limits of which are setout in section 5; |
"fishery"
means- |
(a) one or more
stocks of fish which can be treated as a unit for the purposes of conservation
and management and which are identified on the basis of geographical, scientific,
technical, recreational and economic characteristics; and |
(b) any fishing
for such stocks; |
"fishery
resource" means fish of any kind found in the sea (other than species of
tuna, which in the course of their life cycle, spawn and migrate over great
distances in waters of the ocean) and includes living organisms belonging to
sedentary species, that is to say, organisms which, at the harvestable stage,
either are immobile or under the seabed or are unable to move except in
constant physical contact with the seabed or the subsoil of the continental
shelf; |
"fishing"
means the catching, taking or harvesting of any fishery resource or any other
activity which can be reasonably expected to result in the catching, taking or
harvesting of such fishery resource; |
"fishing
vessel" or "vessel" means any vessel or boat, of whatever size
for the time being employed by any person in fishing operations or any
operations ancillary thereto; |
"foreign
fishing" means fishing by a vessel other than a vessel owned by a
Bahamian; |
"miles"
means international nautical miles of 1,852 metres; |
"optimum
yield" means the amount of fishery resources- |
(a) which will
provide the greatest overall benefit to The Bahamas with particular reference
to food production and recreational opportunities; and |
(b) which is
prescribed as such on the basis of the maximum sustainable yield from such
fishery as modified by any relevant economic, social or ecological factor. |
(2) The Minister
may, by notice published in the Gazette, declare any species of living
organism to be a fishery resource for the purposes of this Act. |
3. Every member of the Defence Force, every officer of
the revenue, every peace officer and every officer of the Department of
Agriculture and Fisheries appointed for the purpose by the Minister by
instrument in writing shall be a fisheries inspector for the purpose of this
Act a and shall have and may exercise the functions assigned to a fisheries
inspector by or under this Act. | Fisheries inspectors. |
4. There is established for the purposes of this Act a
zone to be known as the exclusive fishery zone of The Bahamas. | Establishment of exclusive fishery zone. |
5. The outer boundary of the exclusive fishery zone is
a line drawn in such a manner that each point on it is two hundred miles from
the baseline from which the territorial sea is measured: | Limits of exclusive fishery zone. |
Provided that
where the distance between that baseline and the territorial sea or the
exclusive fishery zone of a neighbouring state is less than two hundred miles,
the provisions of section 12 shall apply to the determination of the outer
boundary of the exclusive fishery zone. |
6. (1) Within the exclusive fishery zone, The Bahamas
has sovereign rights and exclusive authority for the purpose of exploring and
exploiting, conserving and managing the fishery resources of the seabed and
subsoil and superjacent waters. | Legal character of the exclusive fishery zone. |
(2) The
superjacent waters of the exclusive fishery zone outside the territorial sea of
The Bahamas and beyond any foreign state's territorial sea, to the extent that
such sea is recognised by The Bahamas, remain subject to the regime of the high
seas for all purposes other than for the purposes of exploration and
exploitation, conservation and management of the fishery resources or other
than purposes with respect to which coastal states are accorded by
international law exclusive jurisdiction. |
7. No foreign fishing is authorised within the exclusive
fishery zone for any fishery resource in respect of which The Bahamas exercises
the sovereignty and authority specified in section 6 unless such foreign
fishing- | Foreign fishing. |
(a) is
authorised by virtue of a treaty to which The Bahamas is a party and such
treaty is made subject to sections 8 and 10 and is conducted under and in
accordance with a valid licence granted by the Minister under section 9; |
(b) is
authorised by the Minister and is conducted by a vessel owned or operated by an
international organisation of which The Bahamas is a member; |
(c) is
authorised by the Minister and is conducted for scientific or research purposes
under the authority of and in accordance with the terms and conditions of a
permit in that behalf granted by the Minister to the person operating the
vessel; |
(d) is
conducted for sporting purposes in accordance with any regulations made under
this Act, by a vessel which has first made entry in respect of the voyage on
which it is engaged at a port of entry in The Bahamas or by a vessel which has
been imported into The Bahamas or constructed in The Bahamas. |
8. Foreign fishing may be conducted pursuant to a
fishery treaty if such treaty satisfies the requirements of this Act and
includes as conditions of the treaty- | Fishery treaty. |
(a) that the
foreign state acknowledges the exclusive fishery conservation and management
authority of The Bahamas as set forth in this Act; |
(b) the foreign
state and the owner or operator of any fishing vessel fishing pursuant to such
treaty will abide by the terms of the treaty, the provisions of this Act and
any regulations made thereunder; |
(c) the foreign
state and the owner or operator of any fishing vessel fishing pursuant to such
treaty will permit fisheries inspectors to enforce the provisions of this Act
and any regulations made thereunder by allowing such inspectors to board and
search or inspect any fishing vessel of the foreign state when it is within the
exclusive fishery zone and to make arrests and seizure whenever such officers
have reasonable cause to believe as a result of such search or inspection that
any such vessel or any person thereon has committed a breach of this Act or any
regulations made thereunder. |
9. (1) Every foreign state with which The Bahamas has
entered into a fishery treaty shall submit an application for a licence to the
Minister before the first day of January of each year in respect of every
fishing vessel wishing to fish in the exclusive fishery zone. | Licences. |
(2) Every
application for a licence under this section shall be in such form as the
Minister may prescribe and shall specify- |
(a) the name
and official registration number or other identification of each vessel for
which a licence is sought; |
(b) the name,
address and nationality of the owner of each vessel; |
(c) the
tonnage, capacity, speed, processing equipment, type and quantity of fishing
gear, and such other information with respect to the fishing characteristics of
each vessel as the Minister may require; |
(d) the
description of each fishery resource for which each vessel wishes to fish; |
(e) the
quantities of fish or tonnage of catch contemplated for each vessel during the
time such licence is in force; |
(f) the area
of the exclusive fishery zone in which, and the season or period during which,
such fishing will be conducted. |
(3) Subject to
subsections (4) and (5), where the Minister decides to grant a licence he shall
grant the licence to the owner or operator in respect of a named vessel in
accordance with- |
(a) the
provisions of this Act and the regulations made thereunder; |
(b) the terms
and conditions of the relevant fishery treaty; and |
(c) the
principles and conditions set forth in section 10. |
(4) A licence may
contain such conditions and restrictions as appear to the Minister granting the
licence to be necessary or expedient for regulating the conservation and management
of the fishery resources of The Bahamas and in particular a licence shall
contain conditions and restrictions- |
(a) as to the
requirements of any applicable fishery management plan and any regulations made
to implement any such plan; |
(b) as to the
requirement that no licence may be used by any vessel other than the vessel in
respect of which it is granted; |
(c) as to any
requirement provided for in the relevant fishery treaty. |
(d) as to the
requirements that the vessel shall fish only in the area of the exclusive
fishery zone for which the licence is granted and at the seasons and periods
indicated; and that the vessel shall not engage while in the exclusive fishery
zone in any of the acts of cutting up, canning or packaging of any fishery
resource except in the said area. |
(5) A licence may
not be granted to any vessel the owner or operator of which is not a national
of the foreign state which is a party to the fishery treaty. |
(6) A licence
shall be prominently displayed at all times in the wheel-house of the vessel
while the vessel is in the exclusive fishery zone and the number of the licence
shall be painted on the vessel in such manner as the Minister may prescribe. |
(7) A licence may
be revoked or suspended in any case where the Minister is satisfied that there
is a breach of the terms and conditions of a fishery treaty or the conditions
and restrictions of the licence. |
10. (1) The Governor-General may from time to time
determine the optimum yield of the fishery resources of the exclusive fishery
zone; in making that determination the Governor-General shall take into account
the need to ensure, through proper conservation and management measures, the maintenance
of these resources or the restoration of populations of harvested species at
levels which can produce the maximum sustainable yield. In particular, he shall
take into account relevant environmental and economic factors, including the
economic needs of coastal fishing communities and the special requirements of
the development of The Bahamas, fishing patterns, the inter-dependence of
stocks and any generally recommended subregional, regional or global minimum
standards, and the effects on species associated with or dependent upon
harvested species. | Fishery conservation and management principles and
conditions. |
(2) The
Governor-General may from time to time determine the capacity of the fishing
industry of The Bahamas to harvest the fishery resources of the exclusive
fishery zone. |
(3) The difference
between the optimum yield and the maximum capacity of the fishing industry of
The Bahamas as may be determined by the Governor-General in accordance with
subsections (1) and (2) may be the allowable level of foreign fishing. |
(4) An allocation
to a foreign state or part of the total allowable level of foreign fishing as
determined by the Governor-General may only be made in accordance with the
condition that the foreign state concerned enters into a fishery treaty with
The Bahamas in which there is specified- |
(a) the
proportion of the total allowable level of foreign fishing to be allocated to
that foreign state, taking into account the extent to which fishermen of that
foreign state have traditionally engaged in fishing activity in the fishery
concerned; |
(b) the number,
identification and characteristics of the fishing vessels of that foreign state
which are to be granted licences to fish in the exclusive fishery zone; |
(c) that the
fishing vessels of that foreign state will comply with the regulations made
under this Act for the conservation and management of the fishery resources of
The Bahamas; |
(d) that access
to the market of that foreign state shall be granted for the fishery resources
and fishery products harvested by the fishermen of The Bahamas in the exclusive
fishery zone; |
(e) that that
foreign state will extend substantially the same fishing privileges to fishing
vessels owned by Bahamians as The Bahamas extends to the fishing vessels owned
by citizens of that foreign state. |
(5) For the
purposes of subsections (1), (2) and (3), "the exclusive fishery
zone" means that part of the waters thereof the inner boundary of which is
a line drawn in such a manner that each point on it is twelve miles from the
baseline from which the territorial sea is measured. |
11. (1) No person shall use a Bahamian fishing vessel
to fish for any fishery resource for commercial purposes within the exclusive
fishery zone, unless, there is in force in relation to such vessel, a valid
permit in that behalf granted by the Minister in the prescribed manner,
authorising the vessel to be so used. | Regulation of Bahamian fishing vessels to fish for
fishery resources for commercial purposes. |
(2) Subsection (1)
shall not apply to a Bahamian fishing vessel which is twenty feet or less in
length: |
Provided that the
Minister may by notice published in the Gazette apply subsection (1) to
all Bahamian fishing vessels. |
(3) Upon the
Minister being satisfied that an applicant for a permit mentioned in subsection
(1) is- |
|
(b) the owner
of the fishing vessel in respect of which the application has been made, |
the Minister
shall, upon payment of the prescribed fee, grant to the applicant in the
prescribed form a permit which shall expire on the thirty-first December of the
year of issue. |
(4) If any
Bahamian fishing vessel is used in contravention of subsection (1)- |
(a) the person
using the vessel, the owner and also the master or other person in charge of
the vessel shall each be guilty of an offence and liable on summary conviction
to a fine of ten thousand dollars or to imprisonment for a term of one year or
to both; |
(b) the vessel
so used shall be liable to forfeiture whether by the court upon such conviction
or on acquittal or otherwise by any court in proceedings taken for its
condemnation. |
(5) For the
purposes of this section it shall be prima facie evidence that a fishing
vessel was being used to fish for fishery resource for commercial purposes if
it is shown that at the time the vessel was inspected to determine whether an
offence under this Act was committed, there was on board such fishery resource
in a quantity of not less than two hundred and fifty pounds in weight. |
12. (1) Subject to subsection (3), where the exclusive
fishery zone of The Bahamas meets the limits of the territorial sea,
continental shelf or exclusive fishery zone of a neighbouring state, to the
extent only to which such limits are recognised by The Bahamas to be validly
established pursuant to international law, the Governor-General may initiate
and conduct negotiations with that state to establish the boundary of the
exclusive fishery zone in relation to the territorial sea, continental shelf or
exclusive fishery zone of that state. | Boundaries. |
(2) In the absence
of agreement on the boundary of the exclusive fishery zone with the territorial
sea, continental shelf or exclusive fishery zone with the territorial sea,
continental shelf or exclusive fishery zone of a neighbouring state, the
following shall be the limits of the exclusive fishery zone- |
(a) in the case
of the fishery resources of the waters of the exclusive fishery zone, a line
every point of which is twelve miles distant from the baseline from which the
territorial sea of that state is drawn; |
(b) in the case
of the fishery resources of the seabed and subsoil- |
(i) where
there is a continuous continental shelf between The Bahamas and the
neighbouring state, a line every point of which is equidistant from the edge of
the Great and Little Bahama Banks and the baselines from which the territorial
sea limits of that state are drawn, and, in areas other than the Great and
Little Bahama Banks, a line every point of which is equidistant from the baselines
respectively from which the territorial sea limits of The Bahamas and that
state are drawn; |
(ii) where
there is not a continuous continental shelf between The Bahamas and the neighbouring
state, the limits of the continental shelf of that state shall be as determined
by international law: |
Provided, however,
that in contemplation of such agreement being reached the Governor-General may
by order fix another limit temporarily or by interim agreement with the
neighbouring state. |
(3) The
Governor-General in the exercise of his powers under this section shall take
into account that The Bahamas has long exercised sovereignty over, and enjoys
exclusive authority for the purposes of exploring and exploiting, conserving
and managing of, the Great and Little Bahama Banks. |
13. (1) The Minister may by order declare any area of
the waters within the exclusive fishery zone whether alone or together with any
area of land adjacent to such waters to be a protected area for the purposes of
this Act. | Power to declare protected areas. |
(2) Any order made
under this section may prohibit fishing for any fishery resource whatever or
for any fishery resource specified in the order, by any person otherwise than
under the authority of and in accordance with the terms and conditions of a
permit in that behalf granted to that person for that purpose. |
(3) Any person who
takes any fishery resource in a protected area in contravention of the
provisions of any order made under this section in respect of such area or of
any term or condition attached to a permit granted under such an order shall be
guilty of an offence and liable upon summary conviction, subject to the provisions
of section 21, to a fine of seven hundred and fifty dollars or to imprisonment
for a term of six months or to both. |
(4) Where any
person is found within a protected area in possession of any fishery resource
the fishing for which within that area is prohibited by an order made under
this section, he shall be deemed, until the contrary is proved, to have taken
that fishery resource within that area. |
14. (1) A fisheries inspector may at any time stop, go
on board and search any fishing vessel within the exclusive fishery zone, and
if he has reason to suspect that any person on board such vessel has
contravened any of the provisions of this Act or of any regulations made
thereunder, he may without summons, warrant or other process seize the vessel
and detain it and any person found on board. | Power of seizure, arrest, etc. |
(2) A fisheries
inspector may at any time without summons, warrant or other process seize and
detain any vessel or thing which is liable to forfeiture under this Act or
which he has reasonable grounds to believe is so liable. |
(3) A fisheries
inspector and any person whom he may call to his assistance may arrest and
detain without warrant any person whom such inspector has reason to suspect has
committed or permitted any offence against this Act. |
(4) Any person who
resists or obstructs any fisheries inspector in the exercise of any of his
powers conferred by this section, shall be guilty of an offence and liable upon
summary conviction to a fine of five hundred dollars, and such person may be
detained by the fisheries inspector. |
(5) Where any
vessel or thing is seized or detained or any person is detained under this
section by a fisheries inspector, the inspector shall take such vessel, thing
or person as soon as maybe to the nearest or most convenient place in The
Bahamas and there deliver it or him into the custody of the most senior police
officer. |
15. Where on delivering any person into the custody of
a police officer in accordance with the provisions of section 14- | Persons in custody to be brought before magistrate's
court or released. |
(a) the
fisheries inspector makes a complaint to such officer that such person has
committed an offence against this Act, the police officer shall as soon as may
be cause such person to be brought before a magistrate's court to be dealt with
according to law; or |
(b) the
fisheries inspector does not make any such complaint, the police officer shall
forthwith release such person. |
16. (1) Where any fishing vessel or thing is delivered
into the custody of a police officer at any place by a fisheries inspector in
accordance with the provisions of section 14, such vessel or thing 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 until
the same shall be forfeited or released in accordance with the provisions of
this section, as the case may be. | Detention of vessels, etc. |
(2) Any vessel or
thing detained under the provisions of subsection (1) shall be released upon
demand to the owner or his duly accredited agent- |
(a) within the
period of seven days next following the date of delivery of the vessel or thing
to the police officer, if no proceedings are instituted within the period
against the master or other person in charge of the vessel or thing in respect
of an offence against this Act; or |
(b) in any case
where such proceedings are instituted as aforesaid and the vessel or thing is
not liable or ordered to be forfeited under the provisions of this Act, upon
the final determination of the proceedings and the payment of any fine imposed
by the court in such proceedings within the time prescribed by the court for
such payment. |
(3) Any vessel or
thing detained under the provisions of subsection (1) shall be subject to a
lien in favour of the Government for the amount of any fine imposed by the
court upon the master or other person in charge thereof in any proceedings in
respect of an offence against this Act, and if such fine shall not have been
paid by the due date for payment thereof, the Minister may, at any time
thereafter, subject as in this subsection provided, after first serving upon
the owner or the master or other person in charge of the vessel or thing at the
time of its seizure notice in writing of his intention so to do, sell the
vessel or thing by public auction and deduct the amount of the fine or fines
unpaid and the expenses incurred in selling the vessel or thing from the
proceeds of the sale and pay the balance to the Treasurer, to be held by the
Treasurer and paid by him to such person as shall satisfy him that he is
entitled thereto: |
Provided that if
within the period of fourteen days next following the date of service of a
notice under this subsection upon the owner, master or other person in charge
of a vessel or thing, such owner, master or other person pays to the court the
amount of any fine or fines unpaid, and pays to the Minister the amount of any expenses
incurred by the Minister in respect of the proposed sale, the Minister shall
not offer such vessel or thing for sale but shall release the vessel or thing
to such owner, master or other person. |
(4) No action
shall lie at the suit of any person against the Treasurer in respect of the
payment by him in good faith of any moneys under subsection (3) to any person
appearing to him to be entitled to the same. |
(5)
The owner of a vessel detained under subsection (1) and in relation to which
proceedings have been instituted as aforesaid or of any vessel removed or
detained by reason of a breach of any regulations made under this Act or for
non-payment of any sum due to the Government in accordance with any agreement
shall, notwithstanding anything to the contrary in this section, be liable to
reimburse the Government the reasonable expenses as, at the date of any claim
therefor, may have been incurred by the Government in the upkeep, maintenance
and removal of the vessel as the case may be and until such reimbursement the
Government may, subject to subsection (8), refuse to release the vessel
detained. |
(6)
After a demand in writing for payment of such expenses has been made upon the
owner or master or other person in charge of the vessel at the time of its
seizure or removal, or, in the absence of their identity or whereabouts, notice
of demand having been affixed on a conspicuous place of the vessel and a copy
thereof published in the Gazette, proceedings may be instituted in a
court of summary jurisdiction for the recovery of such expenses irrespective of
the amount as a debt due and payable to the Government. |
(7)
Any document to be filed in the court and served upon the owner or master of
the vessel in respect of proceedings referred to in subsection (6) shall be
deemed to have been duly filed and served for the purpose of any law if such
document is addressed to the owner or master by name, or, if it is not
practicable after reasonable inquiry to ascertain the name and address of the
owner or master to or on whom it should be served, it is addressed by
description of "owner" of the vessel (naming it) to which it relates
and by affixing it to some conspicuous part of the vessel. |
(8)
The provisions of subsections (3) and (4) as they apply in relation to the
manner of the recovery of a fine and the disposal of proceeds of a sale
mentioned in those subsections, shall, mutatis mutandis, apply in
relation go the recovery of any sum awarded to the Government pursuant to
proceedings referred to in subsection (6) or in respect of expenses incurred by
the Government in relation to a vessel by reason of a breach of this Act; save
that where any notice is required to be served as mentioned in subsection (3)
the same, if necessary, may be served in the manner provided in subsection (7). |
(9)
In subsection (3), "Minister" means the Minister of Finance. |
17. (1) The provisions of the
Schedule shall have effect for the purpose of forfeitures, and proceedings for
the condemnation of any vessel or thing as being forfeited, under this Act. | Provisions relating to forfeiture. |
(2) Subject to the
provisions of the said Schedule, any vessel or thing seized or detained under
the provisions of this Act as being liable to forfeiture shall, if condemned or
deemed to have been condemned as forfeited, be disposed of in such manner as
the Minister may direct. |
(3)
In subsection (2), "Minister" means the Minister of Finance. |
18. (1) Where any offence against any of the
provisions of this Act or of any regulations made thereunder is committed at
some place on the water within the exclusive fishery zone but outside the
limits of any district within which any magistrate has jurisdiction under the
Magistrates Act (or any other statute for the time being in force regulating
the jurisdiction of magistrates), the place of the commission of the offence
shall for the purposes of the jurisdiction of any court be deemed to be the
place in The Bahamas where the offender is found or to which he is first
brought after the commission of the offence. | Trial of offences. |
(2) The jurisdiction
under subsection (1) shall be in addition to and not in derogation of any
jurisdiction or power of any court under any other enactment. |
19. (1) The Minister may make regulations for any or
all of the following purposes- | Regulations. |
(a) for the
conservation and management of the fishery resources of the exclusive fishery
zone which are consistent with this Act and with the following standards- |
(i) conservation
and management measures shall prevent overfishing while achieving the optimum
yield from each fishery resource; |
(ii) conservation
and management measures shall be based upon the best available scientific
information; |
(iii) to
the extent practicable, an individual stock of fish shall be managed as a unit
throughout its range, and interrelated stocks of fish shall be managed as a
unit or in close co-ordination; |
(iv) conservation
and management measures, where practicable shall promote efficiency in the
utilisation of fishery resources; except that no such measure shall have
economic allocation as its sole purpose; |
(v) conservation
and management measures shall take into account and allow for variations among,
and contingencies in, fisheries, fishery resources and catches; |
(vi) conservation
and management measures shall where practicable minimise costs and unnecessary
duplication; |
(b) regulating
the taking of any species or kind of fishery resource (whether by reference to
size or weight or otherwise) absolutely or during such period or periods as may
be specified anywhere within the exclusive fishery zone; |
(c) limiting
the quantity of any fishery resource which may be taken by any person; |
(d) prohibiting
the taking of any fishery resource by any specified method within the exclusive
fishery zone; |
(e) prohibiting
the use of any engine, dredge, trap or device for the purpose of taking any
fishery resource within the exclusive fishery zone; |
(f) restricting
the possession on board a fishing vessel of any noxious, poisonous or explosive
substance or of any engine, dredge, trap or other device prohibited for use in
taking of any fishery resource by any regulations made under paragraph (d) of
this subsection; |
(g) providing
for the grant of permits and licences, their terms and conditions and for the
transfer, amendment and revocation of such permits and licences; |
(h) prescribing
the fees to be charged in respect of the grant, transfer or amendment of any
permit or licence; |
(i) prescribing
the export duty to be paid in respect of the export of any fishery resource
from The Bahamas; |
(j) prescribing
the forms of applications of permits and licences; |
(k) prescribing
the size and type of construction of any trap, net or seine and prohibiting the
use for the purpose of taking any fishery resource of any trap, net or seine
other than a trap, net or seine of the prescribed size of mesh; |
(l) providing
for the grant of permits for the purpose of trapping crawfish, their terms and
conditions and for the suspension and cancellation of such permits; |
(m) regulating
the size of any fishery resource which may be in the possession of any person; |
(n) providing
for the regulation of the sale of any fishery resource to the public and for
the inspection, grading, packing, processing, preserving and storage of any
fishery resource intended for human consumption whether within or outside The
Bahamas and for the charging of fees for the inspection of any such fishery
resource; |
(o) prescribing
the places at which any fishery resource may be landed or sold; |
(p) for the
control, management and regulation of any undertaking established by the
Government for the marketing and distribution to the public of any fishery
resource and including the premises, wherever such undertaking is conducted and
the waters adjacent thereto; |
(q) for the
provision and rendering by any undertaking carried on by the Government of
services in or incidental to the marketing, storage, and distribution of
fishery resource upon payment of such fees and subject to such terms as are
prescribed or as the Minister sees fit; |
(r) providing
for the manner of and the measures that may be taken for securing the
enforcement of the payment and recovery of fees payable to the Government for services
rendered by any undertaking established for the marketing of fishery resource; |
(s) providing
for the examination, seizure and disposal of any fishery resource which in the
opinion of the fisheries inspector was obtained or was involved in any transaction
in breach of any regulations made under this Act or which is in such a state as
to be injurious to health; |
(t) providing
for the inspection of premises by a fisheries inspector who has reasonable
cause to believe that such premises are being used in contravention of any
regulations made under this Act; |
(u) providing
for the keeping of records by any person holding a licence or permit under this
Act and the inspection and taking of copies thereof by any fishery inspector
for the purposes of determining whether or not any offence has been committed; |
(v) providing
for the constitution of offences and the imposition of penalties therefor by
reason of the breach of any regulations made under this Act and for measures
affecting the burden of proof of such offences under this Act; |
(w) providing
for the seizure and removal of any vessel from the premises of any undertaking
to which paragraph (p) applies and the recovery by the Government of any
expenses for so doing. |
(x) empowering
the court by which any person is found guilty in respect of the use of any
trap, net, seine or other device in contravention of any such regulation to
order the confiscation of such trap, net, seine or device; |
(y) regulating
sports fishing by vessels by means of licences or otherwise; |
(z) prescribing
anything to be prescribed under the provisions of this Act. |
(2) No regulation
shall be made under subsection (1) so as to come into operation before a date
to be appointed by the Minister by notice published in the Gazette
(hereafter in this Act referred to as "the appointed day") [i]*. |
20. Subject to subsection (3), where any fishing
vessel engages in foreign fishing in the exclusive fishery zone for any fishery
resource- | Offences. |
(a) the owner
and also the master or other person in charge of the vessel and every person
who so uses it shall be guilty of an offence and liable on summary conviction,
subject to the provisions of section 23, to a fine of fifty thousand dollars or
to imprisonment for a term of one year or to both; |
(b) the vessel
used in such fishing shall be liable to forfeiture whether by the court upon
such conviction or on acquittal or otherwise by any court in proceedings taken
for its condemnation. |
(2)
Where any fishery resource is found on board any fishing vessel within the
exclusive fishery zone or where any fishery resource is landed, or placed in
any crawl, from any such fishing vessel at any creek, island or cay within The
Bahamas, such fishery resource shall be deemed, until the contrary be proved,
to have been taken within the exclusive fishery zone by a person on board such
fishing vessel and where the fishery resource is the result of anything done in
contravention of the provisions of this Act, it shall be seized and be liable
to forfeiture. |
(3)
Nothing in subsection (1) shall apply to any vessel which engages in foreign
fishing in the exclusive fishery zone for any fishery resource having been so
authorised under section 7(a), (b) or (c) or for sporting purposes in
accordance with section 7(d). |
(4) Any person who
being a non-Bahamian uses a Bahamian fishing vessel to fish for any fishery
resource for commercial purposes within the exclusive fishery zone or is found
employed on such a vessel in any capacity whatever, shall be guilty of an
offence and liable on summary conviction, subject to the provisions of section
21, to a fine of two thousand dollars or to imprisonment for a term of six
months or to both, unless such person has first been granted a permit in
accordance with the provisions of the Immigration Act, so to do. |
(5) Any person who
being the owner, master or other person in charge of a Bahamian fishing vessel
permits a non-Bahamian to use such vessel to fish for any fishery resource for
commercial purposes within the exclusive fishery zone, or employs a
non-Bahamian on such vessel, shall be guilty of an offence and liable on
summary conviction, subject to the provisions of section 23, to a fine of two
thousand dollars or to imprisonment for a term of six months or to both, unless
the person so permitted to use the vessel or so employed has first been granted
a permit in accordance with the provisions of the Immigration Act, so to do. |
21. (1) No person shall, otherwise than as prescribed
or under the authority of and in accordance with the terms of a licence granted
to that person for the purpose by the Minister- | Restriction on export and import of fishery resources. |
(a) export any
fishery resource from The Bahamas; |
(b) import into
The Bahamas any fishery resource specified by the Minister by notice published
in the Gazette as requiring such a licence. |
(2) Any person who
exports or imports any fishery resource in contravention of the provisions of
this section or of any term or condition attached to a licence granted
thereunder, shall be guilty of an offence and liable upon summary conviction,
subject to the provisions of section 23, to a fine of five thousand dollars or
to imprisonment for a term of six months or to both. |
(3) This section
shall not come into force until the appointed day [ii]*. |
22. Except with written permission of the
Governor-General, no person shall- | Restriction on long-line fishing. |
(a) have in his
possession on a fishing vessel, any apparatus intended for use in long-line
fishing; or |
(b) use for
fishing within the exclusive economic zone, any apparatus for long-line
fishing; |
and such
permission may only be given where it is shown to the satisfaction of the
Governor-General that the pursuit of long-line fishing, in the particular
instance, would not endanger elements essential to sustainable fishery
development and would not prejudice the development and expansion of
eco-tourism in The Bahamas. |
(2) For the
purposes of proceedings (or a offence of being in possession of any apparatus
or for using any apparatus in breach of the provisions of this section. It
shall be presumed until the contrary is shown that- |
(a) the captain
or other person in charge of the vessel wherein the apparatus is proven to have
been found and every member of the crew of the vessel at the time, were each in
possession of the apparatus; |
(b) the captain
or other person in charge of the vessel on or from which the apparatus is
proven to have been used and every member of the crew at the time, were each
using the apparatus; |
(c) fish found
in any vessel on which any apparatus is proven to have been found, have been
captured or taken by means of that apparatus; and |
(d) apparatus
proven to have been found on vessel within the waters of The Bahamas, was
intended for use in long-line fishing within those waters, if the apparatus
found is normally used in long-line fishing. |
(3) Any person who
contravenes the provisions of subsection (1) is guilty of an offence and liable
on summary conviction, subject to the provisions of section 23, to a fine of
not less than fifty thousand dollars but not exceeding one hundred thousand
dollars or to imprisonment for a term of one year or to both such fine and
imprisonment; and the court shall, in addition to any other penalty, order the
confiscation of any apparatus used in the commission, or that is the subject
matter, of the offence and the apparatus so confiscated shall be forfeited to
the Crown. |
(4) In this
section- |
long-line
fishing" includes fishing by means of a line or cable to which is attached
along the line or cable, not less than ten fish hocks and which line or cable
extends or is capable of extending beyond twenty yards from the point where it
is cast. |
23. 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- | Penalty for subsequent conviction of same offence. |
(a) to a fine
not exceeding double the amount or to imprisonment for a term not exceeding
double the term (hereinafter respectively referred to as a "double
fine" and "double imprisonment") which might otherwise have been
imposed in respect of that offence; or |
(b) in a case
where both a fine and a term of imprisonment may be imposed in respect of a
first offence, to both such double fine and double imprisonment. |
24. (1) Any person, whether holding a licence or
permit or not, found in possession of any article prohibited to be used, or any
fishery resource prohibited to be taken, by virtue of any licence, permit or
regulation made under this Act and failing to give a satisfactory explanation
of such possession shall be guilty of an offence and liable on summary
conviction, subject to the provisions of section 23, to a fine
of five thousand dollars or to imprisonment for a term of one year or to both. | Penalty of possession. |
(2)
The fact that any act or omission constitutes an offence both under subsection
(1) and a regulation made under this Act shall not render that regulation
invalid and proceedings for that offence may be instituted under that
subsection or regulation but so that no person shall be punished twice in
respect of the same offence. |
SCHEDULE (Section 17) |
PROVISIONS
RELATING TO FORFEITURE |
Notice of Seizure |
1. The Minister
shall give notice of the seizure of any thing as liable to forfeiture, and of
the grounds thereof, to any person who to his knowledge was at the time of
seizure the owner or one of the owners thereof: |
Provided that
notice shall not be required to be given under this paragraph if the seizure
was made in the presence of- |
(a) the person
whose offence or suspected offence occasioned the seizure; or |
(b) the owner
or any of the owners of the thing seized or any servant or agent of his; or |
(c) in the case
of any thing seized in any ship, the master. |
2. Notice under
paragraph 1 of this Schedule shall be given in writing and shall be deemed to
have been duly served on the person concerned- |
(a) if
delivered to him personally; or |
(b) if
addressed to him and left or forwarded by post to him at his usual or last
known place of abode or business or, in the case of a body corporate, at its
registered or principal office; or |
(c) where he
has no address within The Bahamas, or his address is unknown, by publication of
notice of the seizure in the Gazette. |
Notice of Claim |
3. Any person
claiming that any thing seized as liable to forfeiture is not so liable
(hereafter in this Schedule referred to as a "claimant") shall,
within one month of the date of the notice of seizure or, where no such notice
has been served on him, within one month of the date of the seizure, give
notice of his claim in writing to the Minister. |
4. Any notice
under paragraph 3 of this Schedule shall specify the name and address of the
claimant, and, in the case of a claimant who is outside The Bahamas, shall
specify the name and address of an attorney in The Bahamas who is authorised to
accept service of process and to act on behalf of the claimant, and service of
process upon an attorney so specified shall be deemed to be proper service upon
the claimant. |
Condemnation |
5. If on the
expiration of the relevant period aforesaid for the giving of notice of claim
in respect of any thing no such notice has been given to the Minister, or if in
the case of any such notice given, any requirement of paragraph 4 of this
Schedule is not complied with, the provisions of paragraph 6
in relation to the taking of proceedings and the powers of the court shall
apply without any requirement, unless the court otherwise directs, for notice
thereof to be given to any person mentioned in paragraph 1. |
6. Where notice of
claim in respect of any thing is duly given in accordance with the foregoing
provisions of this Schedule, the Attorney-General on behalf of the Minister
shall take proceedings for the condemnation of that thing by the Supreme Court,
and if the Court finds that the thing was at the time of seizure liable to
forfeiture the Court shall condemn it as forfeited. |
7. Where any thing
is in accordance with either of paragraph 5 of 6 of this Schedule condemned or
deemed to have been condemned as forfeited, then, without prejudice to any
delivery up or sale of the thing by the Minister under paragraph 14 of this
Schedule, the forfeiture shall have effect as from the date when the liability
to forfeiture arose. |
Court Proceeding
for Condemnation |
8. Proceedings for
condemnation shall be civil proceedings and shall be instituted in the Supreme
Court by motion. |
9. (1) In any such
proceedings- |
(a) the
claimant or his attorney shall make oath that the thing seized was, or was to
the best of his knowledge and belief, the property of the claimant at the time
of the seizure; and |
(b) the
claimant shall give such security for the costs of the proceedings as may be
determined by the Court. |
(2) If any
requirement of subparagraph (1) of this paragraph is not complied with the
Court shall give judgment for the Attorney-General. |
10. Where an
appeal has been made against the decision of the Court in any proceedings for
the condemnation of anything, that thing shall, pending the final determination
of the matter, be left in the custody of the Commissioner of Police. |
Provisions as to
Proof |
11. In any
proceedings arising out of the seizure of any thing, the fact, form and manner
of the seizure shall be taken to have been as set forth in the process without
further evidence thereof, unless the contrary is proved. |
12. In any
proceedings, the condemnation by the Supreme Court of any thing as forfeited
may be proved by the production either of the order or certificate of
condemnation or of a certified copy thereof purporting to be signed by the
Registrar. |
Special Provisions
as to certain Claimants |
13. For the
purposes of any claim to, proceedings for the condemnation of, any thing, where
that thing is at the time of seizure the property of a body corporate, of two
or more partners or of any number of persons exceeding five, the oath required
by this Schedule to be taken and any other thing required by this Schedule or
by any rules of the Supreme Court to be done, by, or by any person authorised
by, the claimant or owner may be taken or done by, or by any other person authorised
by, the following persons respectively, that is to say- |
(a) where the
owner is a body corporate, the secretary or some duly authorised officer of
that body; |
(b) where the
owners are in partnership, any one of those owners; |
(c) where the
owners are any number of persons exceeding five not being in partnership, any
two of those persons on behalf of themselves and their co-owners. |
Power to deal
with seizures before Condemnation, etc. |
14. Where anything
has been seized as liable to forfeiture the Minister may at any time if he sees
fit and notwithstanding that the thing has not yet been condemned, or is not
yet deemed to have been condemned, as forfeited- |
(a) deliver it
up to any claimant upon his paying to the Minister such sum as the Minister thinks
proper, being a sum not exceeding that which in the Minister's opinion
represents the value of the thing, including any duty or tax chargeable thereon
which has not been paid; or |
(b) if the
thing seized is a living creature or is in the opinion of the Minister of a
perishable nature, sell or destroy it. |
15. (1) If, where
any thing is delivered up, sold or destroyed as aforesaid, it is held in
proceedings taken under this Schedule that the thing was not liable to
forfeiture at the time of its seizure, the Minister shall on demand by the
claimant tender to him- |
(a) an amount
equal to any sum paid by him under subparagraph (a) of paragraph 14 of this
Schedule; or |
(b) where the
Minister has sold the thing an amount equal to the proceeds of sale; or |
(c) where the
Minister has destroyed the thing, an amount equal to the market value of the
thing at the time of its seizure: |
Provided that
where the said amount includes any sum on account of any duty or tax chargeable
on the thing which had not been paid before its seizure the Minister may deduct
so much of that amount as represents that duty or tax. |
(2) If the
claimant accepts any amount tendered to him under subparagraph (1) of this
paragraph, he shall not be entitled to maintain any action on account of the
seizure, detention, sale or destruction of the thing. |
(3) For the
purposes of head (c) of subparagraph (1) of this paragraph, the market value of
any thing at the time of its seizure shall be taken to be such amount as the
Minister and the claimant may agree or, in default of agreement, as may be
determined by a referee appointed by the Chief Justice, not being an official
of any Government Department, whose decision shall be final and conclusive; and
the procedure on any reference to a referee shall be such as may be determined
by the referee. |
Interpretation |
16. In this
Schedule, "Minister" means the Minister of Finance. |