FISHERIES RESOURCES (JURISDICTION AND CONSERVATION)
REGULATIONS |
| S.I. 10/1986
S.I. 65/1988
7 of 1993
S.I. 98/1995
S.I. 22/1997
|
| (SECTION 19) |
|
| [Commencement 3rd
March, 1986] |
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| |
1. These
Regulations may be cited as the Fisheries Resources (Jurisdiction and
Conservation) Regulations. | Citation. |
2. (1) In
these Regulations- | Interpretation. |
"aquaculture"
means the cultivation of freshwater and marine organisms by exploiting their
natural environment; |
"explosives"
has the meaning assigned to it by section 2 of the Explosives Act; |
"firearm"
has the meaning assigned to it by section 2 of the Firearms Act; |
"fishery
product" means any product intended for human consumption which consists
wholly or mainly of a fishery resource; |
"Hawaiian
sling" means a device made of wood, or other suitable material, designed
for the discharge of a missile under water by the force of a sling of rubber; |
"prohibited
apparatus" means- |
(a) a device,
other than a schnorkel, designed to enable a person to breathe whilst under
water; |
(b) a device,
other than an Hawaiian sling, designed to discharge a missile under water; |
"schnorkel"
means a tube enabling a person whose face is beneath the surface of the water
to breathe the air directly from the atmosphere and not assisted by a
compressor; |
"spearfishing
apparatus" means any of the following articles used in the activity
commonly known as "spearfishing"- |
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"take"
means catch, capture or remove from the water; |
"trap"
includes any device designed or used for the trapping of fishery resource. |
(2) In these
Regulations, a reference to "commercial purposes" in relation to the
exportation of any fishery resource or fishery produce is a reference to any
act or transaction or the doing of anything for the purpose of effecting a sale
or deriving a financial reward through the exportation of that resource or
product. |
PART I
GENERAL |
3. Except
in such limited quantity as may be specified in a written permission of the Minister
for scientific research or sanitation purposes as the case may be, no person
shall use or have in his possession with intent to use, for fishing within the
exclusive fishery zone- | Possession and use of poison prohibited. |
(a) dogwood or
other poisonous bark; |
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(d) any other
noxious or poisonous substance. |
4. (1)
Subject to paragraph (2), no person shall use a firearm to fish within the
exclusive fishery zone. | Use of firearms prohibited. |
(2) Paragraph (1)
does not apply to a person who uses- |
(a) a firearm
for scientific or research purposes with the written permission of the
Minister; |
(b) a firearm
(commonly known as a "bang stick") for self defence against sharks
and other marine predators. |
5. No
person shall, except for scientific or research purposes and with the written
permission of the Minister, have in his possession on a fishing vessel or use
for fishing within the exclusive fishery zone any explosives. | Possession or use of explosives prohibted. |
6. No
person shall use any spearfishing apparatus to fish- | Spearfishing apparatus in certain areas prohibited. |
(a) within one
mile of the coast at low water mark of New Providence; or |
(b) within one
mile of the southern coast at low water mark of Freeport, Grand Bahama; or |
(c) within two
hundred yards of the coast at low water mark of any other Family Island. |
7. (1) No
person shall use a net to fish within the exclusive fishery zone unless the
net- | Nets. |
(a) is a gill
net, drag net, cast net or seine net; and |
(b) has a mesh
the gauge of which is two inches minimum. |
(2) Subparagraph
(b) of paragraph (1) shall not apply to- |
(a) nets used
for the harvesting of cultured resources; or |
(b) hand nets
used for capturing small species of fishery resource; or |
(c) nets used
for catching goggle-eyes or members of the herring and silver-side families,
and shall not have effect before the expiration of two - years from the coming
into operation of these Regulations. |
8. No
person shall use a wire mesh trap to fish within the exclusive fishery zone
unless the wire mesh has the following minimum size- | Traps. |
(a) in the case
of a hexagonal wire mesh, 1½ inches (greatest length of mesh); |
(b) in the case
of welded or woven rectangular wire mesh, 1 inch by 2 inches, and one of the
panels of the trap is made of a material that would deteriorate after use in
water for a continuous period of not more than six weeks. |
9. No
person shall organize or engage in a spearfishing tournament or competition
within the exclusive fishery zone. | Spearfishing tournament etc. prohibited. |
10. No
person shall use, or have in his possession with intent to use, for fishing
within the exclusive fishery zone any prohibited apparatus. | Prohibited apparatus. |
11. No
person shall- | Fishery resource within two hundred yards of the coast
of any Island. |
(a) within two
hundred yards of the coast at low water mark of New Providence or any Family
Island fish for or take any fishery resource other than edible fish, edible
conch or crawfish as food for himself and family in The Bahamas; |
(b) save as
provided in paragraph (a), fish for or take by means of a net in the harbour or
at the entrance to the harbour of any place in The Bahamas any resource other
than the species known as goggle-eyes or passing jacks. |
12. (1) No
person shall uproot, destroy, or, without the written permission of the
Minister, take or sell any hard or soft coral. | Coral. |
(2) Nothing in
paragraph 1 shall apply to the sale of coral by any person who holds a licence
for a shop under the provisions of the Shop Licences Act. |
13. No
person shall cut, harvest or remove from any beach or shore or from any area
immediately adjacent thereto any sea oats except with the written permission of
the Minister. | Sea oats. |
14. No
person shall construct any artificial reef within the exclusive fishery zone
except with the written permission of the Minister. | Artificial reef. |
15. (1) No
person shall sell in New Providence fishery resource unless he is the holder of
a permit granted by the Minister authorising him to sell fishery resource, or
the latter is the result of fishing done by that person. | Sale of fishery resource. |
(2) No person
shall sell fishery resource in New Providence other than at such places as the
Minister may prescribe or by notice appoint: |
Provided that the
foregoing provisions of this paragraph shall not apply to the holder of a
permit from the Commissioner of Police permitting him to peddle and hawk
articles along a public road and of a permit mentioned in paragraph (1). |
(3) An application
for a permit mentioned in paragraph (1) shall be made to the Minister in Form I
in the First Schedule. |
(4) The Minister
may, upon payment of the respective fee specified in the Second Schedule, grant
to the applicant a permit in Form 2 in the First Schedule, subject to such
terms and conditions as the Minister thinks fit. |
(5) Paragraphs (1)
and (2) shall not apply to any person who for the purpose of such sale occupies
any premises licensed as a shop under the provisions of the Shop
Licences Act. |
PART II
CRAWFISH |
16. There
shall be an annual closed season for crawfish extending from 1st April to 31st July
(inclusive). | Closed season for crawfish. |
17. No
person shall during the closed season fish for or have in his possession any
live or fresh crawfish without first having obtained the written permission of
the Minister or unless he has bought the crawfish from the holder of such a
permit. | To fish for live or fresh crawfish prohibited during
closed season. |
18. No
person shall take, have in his possession or sell any crawfish which measures
less than three and one-quarter inches from the base of the
horns to the end of the jacket or which, if the tail is severed, has a tail
measurement of less than five and one-half inches, not including
any protruding muscle. | Minimum size of crawfish. |
19. The
person in charge of vessel engaged in fishing for crawfish shall ensure that
the vessel carries a measuring gauge of a type capable of determining the size
for the purposes of regulation 18 of any crawfish taken. | Vessel to have measuring gauge. |
20. (1) No
person shall take, capture, destroy or kill crawfish by means of traps
(hereinafter referred to as "crawfish trapping") other than those
specified in paragraph (2). | Permit for crawfish trapping. |
(2) Traps used for
crawfish trapping shall be as described below- |
(a) wooden slat
traps not more than 3 feet in length, 2 feet in width and 2 feet in height with
slats placed not less than 1 inch apart; or |
(b) traps of
other such materials as approved by the Minister, |
and in the
case of traps other than wooden traps containing a panel made of a material
that would, after use in water for a continuous period of not more than six
weeks, deteriorate. |
(3) Traps
described in paragraph (2)(a) may be reinforced with mesh as mentioned in
regulation 8 save that one panel of the trap shall retain the ability to
deteriorate as referred to in paragraph (2). |
(4) No vessel
shall be used in crawfish trapping unless the operator has obtained a permit
from the Minister authorising the vessel to be so used. |
(5) An application
for a permit mentioned in paragraph (4) shall be made to the Minister in Form
3 in the First Schedule. |
(6) The Minister
may, upon payment of the respective fee specified in the Third Schedule, grant
a permit to the applicant in Form 4 in the First Schedule which
permit shall be subject to such terms and conditions as the Minister thinks
fit. |
21. (1) The
permit granted under regulation 20 or a certified copy thereof shall be kept at
all times readily available on the vessel from which crawfish trapping is
conducted. | Permit to be kept readily available. |
(2) The number of
the permit granted under regulation 20 shall be painted or affixed in legible
figures on every trap and on every buoy used in connection with that trap which
belongs to the vessel to which the permit relates. |
(3) A buoy bearing
the number of the permit shall be attached to each trap except that where traps
are tied together in a trot line, a buoy is not needed to be attached to each
trap so long as a flag buoy, bearing the number of the permit on the flag, is
attached to each end of the trot line or in the case of trot lines exceeding
twenty traps, a buoy is attached at intervals of twenty traps. |
(4) Every buoy
shall, except when it is intentionally submerged by a timed float release
device, be of sufficient strength and buoyancy to remain continuously afloat
and shall be of such colour and brilliance as to be easily seen. |
22. (1)
Subject to paragraph (2) no person shall, during the closed season- | Traps during closed season prohibited. |
(a) have in his
possession on board a vessel a trap or other device designed for crawfish
trapping; or |
(b) set any
trap or other device on or below the surface of the sea for the purpose of
crawfish trapping. |
(2) Paragraph (1)
does not apply to the holder of a numbered permit granted under regulation 20
in respect of a vessel and who during the last two weeks of the closed season,
soaks his traps which are tied in bunches in the vessel's home port. |
23. (1) A
person who holds a licence under regulation 76 and the owner or operator of
every hotel, restaurant, supermarket or grocery store who buys or sells
crawfish shall upon any request made of him by the Minister submit to the
Minister a statement as to the quantity in weight of crawfish frozen or
otherwise in his possession at the date of the statement. | Statement of quantity of crawfish during closed
season. |
(2) Every person
mentioned in paragraph (1) shall, when requested by a fisheries inspector,
allow the inspector to carry out any inspection of business premises occupied
by such person for the purpose of enabling the inspector to ascertain the
quantity of any crawfish in the possession of that person. |
24. No
person shall- | Egg-bearing crawfish. |
(a) take, have
in his possession or sell any egg-bearing crawfish; |
(b) clip or
otherwise remove the eggs from an egg-bearing crawfish; |
(c) have in his
possession or sell any crawfish from which eggs have been clipped or otherwise
removed. |
25. All
crawfish gathered within the exclusive fishery zone shall be liable to
inspection by a fisheries inspector. | Crawfish for sale to be inspected. |
26. No
person shall for commercial purposes export any crawfish unless- | Licence to export crawfish, etc. |
(a) it is
submitted at the time of exportation to a fisheries inspector; and |
(b) the export
duty specified in the
Second Schedule is paid. |
PART III
CONCH |
27. (1) No
person shall take, have in his possession or sell any conch the shell of which
does not possess a well formed flaring lip. | Possession of undeveloped conch prohibited. |
(2) No person
shall sell any conch shell which does not possess a well formed flaring lip. |
28. (1) No
person shall for commercial purposes export and conch, by-product of conch or
any whole conch shell unless- | Export of conch, by-product or shell. |
(a) he holds a
licence in that behalf granted by the Minister under regulation 66; |
(b) the conch
or by product of conch is submitted for inspection to a fisheries inspector at
the time of exportation; and |
(c) the export
duty specified in the Second Schedule is paid. |
(2) Nothing in
paragraph (1) shall apply to any conch in a quantity not exceeding ten pounds
in weight and carried in the personal baggage of a person leaving The Bahamas. |
PART IV
TURTLE |
29. There
shall be an annual closed season for all turtle species extending from 1st
April to 31st July (inclusive). | Closed season for turtle species. |
30. No
person shall during the closed season, take or have in his possession any live
or fresh turtle without the written permission of the Minister or unless he has
bought the turtle from the holder of such a permit. | Taking, etc., of fresh or live turtle during closed
season prohibited. |
31. No
person shall capture any turtle on any beach. | Capture of turtle on beach prohibited. |
32. No
person shall take, have in his possession, buy or sell any turtle eggs. | Turtle eggs. |
33. (1) No
person shall take or have in his possession, or capture any- | Restrictions on taking, etc., of turtle species. |
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(b) green
turtle under the size of twenty-four (24) inches; or |
(c) loggerhead
turtle under the size of thirty inches, |
and any such
measurement is to be made by measuring from the front edge of the neck scales
proceeding along the middle of the back to the end of the tail. |
(2) Any turtle
taken shall be landed whole and be made available for inspection by a fisheries
inspector at and upon his request. |
PART V
SCALE FISH |
34. No
person shall- | Buying, selling, etc., of bone fish prohibited. |
(a) buy or sell
bone fish (Albula vulpes); |
(b) fish for
bone fish (Albula vulpes) within the exclusive fishery zone by means of
nets. |
35. No
person shall take, buy or sell any fish commonly known as grouper or rockfish
that weighs less than three pounds. | Minimum size of grouper. |
36. No
person shall for commercial purposes export scale fish, unless the scale fish
is presented to a fisheries officer for inspection at the time of exportation. | Export of scale fish. |
PART VI
STONE CRAB |
37. There
shall be an annual closed season for stone crab extending from 1st June to 15th
October (inclusive). | Stone crab closed season. |
38. No
person shall, during the closed season, take, have in his possession, buy or
sell fresh stone crab. | Prohibition during closed season. |
39. No
person shall take, have in his possession, buy or sell any stone crab the claw
of which measures less than four inches in length. | Minimum size. |
40. No person
shall take, buy or sell any female stone crab. | Taking, etc., of female stone crab prohibited. |
PART VII
MARINE MAMMALS |
41. (1)
Subject to paragraph (2) no person shall, within the exclusive fishery zone,
fish for, molest or otherwise interfere with any marine mammal. | To fish for marine mammal prohibited. |
(2) Paragraph (1)
does not apply to a person who has the prior written permission of the Minister
to capture marine mammals for scientific, educational or exhibitional purposes. |
PART VIII
SPONGE |
42. (1) No
person shall take, have in his possession, buy or sell any of the following
sponges that have less than the following minimum measurements when removed
from the sea- | Minimum size of sponges. |
(a) wool
sponge - 5½ inches; |
(b) grass
sponge - 5½ inches; |
(c) hard head
sponge - 1 inch; |
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(2) The person in
charge of a vessel engaged in sponging shall ensure that the vessel is equipped
with a set of measuring rings of the diameters specified in paragraph (1). |
43. No
person shall for commercial purposes export sponge unless- | Export of sponge. |
(a) the sponge
is clipped and graded and also packaged and labelled in accordance with these
Regulations; |
(b) it is
presented to a fisheries inspector at the time of exportation; and |
(c) the export
duty specified in the Second
Schedule is paid. |
PART IX
AQUACULTURE |
44. (1) No
person shall engage in aquaculture unless he has a permit granted by the
Minister. | Permit to culture fishery resource. |
(2) An application
for a permit shall be made to the Minister in Form 5 in the
First Schedule. |
(3) The permit
granted by the Minister for which there shall be paid the fee prescribed in the
Third Schedule shall be in Form 6 in the First Schedule and
shall be subject to such terms and conditions as the Minister sees fit. |
45. (1) A
fisheries inspector may at any reasonable time of the day enter any place where
freshwater and marine organisms are cultured and carry out such inspection of
the operations being carried out therein in relation to aquaculture. | Inspection by fisheries inspector. |
(2) The owner or
person in charge of a place entered by a fisheries inspector pursuant to
paragraph (1) and every person found therein shall give the fisheries inspector
all reasonable assistance as is possible and furnish him with such information,
as he may reasonably require. |
(3) Any person
who- |
(a) fails to
comply with paragraph (2); |
(b) obstructs
an inspector in the carrying out of his duties under these Regulations; or |
(c) knowingly
makes any false or misleading statements either orally or in writing to any
inspector engaged in carrying out his duties under these Regulations, |
is guilty of
an offence. |
PART X
SPORTSFISHING |
46. (1) No
person shall, without the prior written approval of the Minister, organise or
hold a sportsfishing event or tournament. | Minister's permission for sportsfishing. |
(2) In this Part
sportsfishing means foreign fishing within the exclusive fishery zone for
sporting purposes or purposes other than commercial. |
47. (1) The
owner or operator of a vessel shall not permit the vessel to be engaged in
sportsfishing unless the owner or operator of the vessel- | Vessels engaged in sportsfishing. |
(a) holds a
permit granted by the Minister under this regulation authorising the vessel to
be so engaged; and |
(b) pays for
the permit the fee prescribed in the Third Schedule. |
(2) Paragraph (1)
shall not apply to Bahamian owned and licensed charter vessels or a boat which
is normally towed by or carried on a vessel to which that paragraph applies. |
(3) An application
for a permit under paragraph (1) shall be made to the Minister in Form 7 in the
First Schedule and be submitted- |
(a) in the case
of a vessel entering The Bahamas for the purpose of sportsfishing, to the
customs officer at the Port of Entry at which the vessel first called; |
(b) in any
other case to the office of the Director of Fisheries. |
(4) The permit
granted under paragraph (3) shall be in Form 8 in the
First Schedule. |
48. (1) In
sportsfishing the following rules apply- | Sportsfishing rules. |
(a) a person
shall fish by the traditional method of angling with a hook or lure attached to
a line held in the hand or attached to a pole, rod or reel; |
(b) a person,
unless otherwise authorised by the respective permit, shall not use a spear, a
fish trap, or a net other than a landing net; |
(c) each vessel
shall use not more than 6 rods or reels unless the operator is in possession of
a permit authorising the use of more rods or reels; |
(d) any
migratory fishery resource that is caught shall not in total consist of more
than six Kingfish, Dolphin or Wahoo per person and any resource not intended to
be used shall not be injured unnecessarily but be returned to the sea alive; |
(e) no vessel
shall have on board any turtle or more than 20 pounds of other demersal fishery
resources per person at any time and excluding not more than ten conch or six
crawfish per person. |
(2) The limitation
specified in (1)(d) and (e) shall also apply to a Bahamian vessel engaged in
fishing for purposes other than commercial by persons who are not Bahamians. |
PART XI
PROCESSING AND PRESERVING FISHERY RESOURCE AND FISHERY PRODUCT |
49. (1) No
person shall use any premises to process or to preserve any fishery resource or
fishery product for commercial purposes unless the premises are licensed as a
factory in pursuance of these Regulations. | Premises and factory to be inspected and approved. |
(2) Any person who
wishes any premises to be used as a factory to process or to preserve any
fishery resource or fishery product shall apply for a licence by submitting an
application to the Minister containing the particulars specified in
Part A of the Fourth Schedule. |
(3) A licence
granted by the Minister under this regulation shall be in the form set out in
Part B of the Fourth Schedule and the applicant shall pay therefor the
appropriate fee specified in the Third Schedule. |
50. Without
prejudice to regulation 51 no licence shall be granted unless the Minister is
satisfied that- | Conditions for grant of licence. |
(a) the
premises and their location with regard to neighbouring premises and the
factory's proposed facilities and equipment of the factory are in keeping with
the sanitation standards for factories issued by the Ministry; and |
(b) the
applicant is fit to be the holder of such a licence. |
51. (1) The
Minister may refuse to renew the licence of a factory if, in his opinion, the
factory is managed in a manner that hinders compliance with the provisions of
this Part. | Refusal to renew licence and revocation of licence. |
(2) A licence may
be revoked by the Minister- |
(a) if the
licensee has been convicted of an offence against the provisions of this Part,
or wilfully neglects or refuses to comply with any of the provisions of this
Part, or obstructs, impedes or hinders a fisheries inspector carrying out any
functions under this Part; or |
(b) if in the
opinion of the Minister the premises of the factory are insanitary or the
factory itself is insanitary or the factory is managed and conducted in a
manner contrary to this Part or in such manner that the revocation of the
licence is required in the public interest. |
52. (1)
Before the Minister refuses to grant or renew a licence or revokes a licence,
he shall give notice to the applicant for the licence or the licensee, as the
case may be, of the grounds on which he proposes to refuse the grant or renewal
of the licence or to revoke the licence. | Representions before refusal to grant or renew a
licence or before revocation of a licence. |
(2) The Minister
shall afford the applicant or the licensee, as the case may be, an opportunity
of satisfying the Minister why the licence should be granted or renewed or should
not be revoked, and may give to the applicant or the licensee an opportunity to
remedy any default within such period as may be specified by the Minister. |
53. (1) A
fisheries inspector for the purpose of ensuring that these Regulations are
complied with may at a reasonable time enter any premises wherein fishery
resource is being processed and the licensee or every person found on the
premises shall afford the inspector all reasonable assistance and furnish him
with such information as the inspector may reasonably require for the purpose
of ensuring that there is no breach of these Regulations. | Inspection of fishery resource. |
(2) A fisheries
inspector on entering any premises pursuant to paragraph (1) shall, if so
required, produce evidence of his authority to the person in charge thereof. |
(3) Any person
who- |
(a) fails to
comply with paragraph (1); or |
(b) knowingly
makes any false or misleading statement either orally or in writing to a
fisheries inspector engaged in carrying out his duties under these Regulations, |
is guilty of
an offence and is liable on summary conviction to a fine of one thousand
dollars or to imprisonment for a term of six months or to both. |
54. The
licensee of every factory shall- | Records. |
(a) keep
accurate records of the quantities of fishery resource or fishery product,
purchased, produced, sold or exported as the case may be, and of the names and
addresses of the persons from whom the fishery resource was purchased and to
whom the fishery resource or fishery product was sold by wholesale or exported; |
(b) retain
those records for a period of twelve months from the date of transaction or the
date of production to which the record relates; |
(c) permit a
fisheries inspector to inspect or to take samples of any fishery resource or
fishery product in the factory; |
(d) permit a
fisheries inspector to make and take such copies of those records as the
inspector considers necessary for the purpose of ensuring that these
Regulations are being complied with by the licensee. |
PART XII
QUALITY CONTROL OF PROCESSED OR PRESERVED FISHERY RESOURCE AND FISHERY PRODUCT |
55. A
person exporting for commercial purposes any fishery product processed in The
Bahamas shall when requested by a fisheries inspector make available the
product for inspection by that inspector. | Requirement for inspection of fishery product. |
56. (1) A
fisheries inspector, having examined any fishery product submited to him and
finding the same to be consistent with and the standards applicable thereto
under any law, shall issue a certificate to the effect that the product has
been inspected. | Issue of certificate of inspection. |
(2) Where there is
no compliance as mentioned in paragraph (1) but the fishery product is found
fit for human consumption, the fisheries inspector may- |
(a) in the case
where it is possible for the processor to effect such compliance, direct him to
do so and to submit the fishery product for reinspection; or |
(b) affix an
inspection stamp on the fishery resource or fishery product with the words
"does not meet standard". |
(3) If a fisheries
inspector suspects the fishery product to be diseased, unsound or unwholesome
and unfit for human consumption, he shall seize the same for examination by a
health officer in accordance with the provisions of any law prescribing
standards for the marketing of such products. |
57. No
person other than a health officer shall remove, cut or in any way interfere
with any fishery resource or fishery product or part thereof which has been
seized by a fisheries inspector unless or until the same has been approved by a
health officer. | Unauthorised person not to interfere with seized
fishery product. |
58. Where
fishery product, seized by the fisheries inspector, is in the opinion of a
health officer diseased or unsound or unwholesome and unfit for human
consumption the owner thereof shall be duly notified to that effect. | Seized fishery resource or fishery product found unfit
for human consumption. |
59. Where
any fishery product processed in The Bahamas is contained- | Wrapping to be non-toxic and container not to be
defective. |
(a) in a
package for sale or that is being exported for commercial purposes, the
wrapping used in the packaging shall be non-toxic; |
(b) in a
container for sale or that is being exported for commercial purposes, the
container shall be properly sealed and shall not be defective. |
60. No
person- | Labelling, advertising, etc fishery resource or
fishery product. |
(a) shall label
or advertise any fishery resource or fishery product intended for sale or for
export for commercial purposes that is false, misleading or deceptive or is
likely to create an erroneous impression regarding its purity, quality,
composition or quantity; or |
(b) other than
a fisheries inspector or health officer in the execution of his duties as such
shall use the words "Processed under Government Supervision" or other
words that convey a similar meaning on any label affixed to or forming part of
a package or container containing fishery resource or fishery product. |
61. Where
standards for the processing in The Bahamas of fishery resource or fishery product
have not been prescribed under any law, any person who processes the fishery
resource or the fishery product in a manner other than that in which it is
advertised as being processed or who sells or exports such fishery resource or
the fishery product is guilty of an offence and liable on summary conviction to
a fine of one thousand dollars or to imprisonment for a term of six months or
to both. | Standard not prescribed. |
PART XIII
PERMITS AND LICENCES |
62. (1) An
application for a permit under section 7(c) of the Act to conduct foreign
fishing for scientific or research purposes shall be made to the Minister in
Form 9 in the First Schedule. | Permit for scientific or reseach purposes. |
(2) Where the
Minister decides to grant the permit it shall be in Form 10 in the
First Schedule and the fee to be paid therefor is that specified in the Third
Schedule. |
63. (1) An
application for a licence under section 9 of the Act to engage in foreign
fishing shall be made to the Minister in Form 11 in the First Schedule. | Licence for foreign fishing. |
(2) Where the
Minister decides to grant a licence it shall be in Form 12 in the
First Schedule and the fee to be paid therefor is that specified in the Third
Schedule. |
64. (1) An
application for a permit under section 11 of the Act to engage in fishing for
commercial purposes shall be made to the Minister in Form 13 in the
First Schedule. | Permit for commercial fishing. |
(2) Where the
Minister decides to grant a permit it shall be in Form 14 in the
First Schedule and the fee to be paid therefor is that specified in the
Third Schedule. |
65. It
shall be deemed a condition of a licence or permit granted under the foregoing
regulations of this Part that the letters and numbers of that licence or permit
shall be painted conspicuously and legibly in characters no less than 6 inches
in height on the sides and deck of the vessel being used for the purpose
authorised by the licence or permit and the owner or person in charge of such
vessel shall ensure the compliance with that condition. | Display of particulars of permit. |
66. (1) An
application for a licence required by section 21 of the Act or these
Regulations to export or import any fishery resource shall be made to the
Minister in Form 15 in the First Schedule. | Licence to export or import fishery resource. |
(2) The licence
granted by the Minister shall be in Form 16 in the
First Schedule and the fee, to be paid therefor is that specified in the
Third Schedule. |
67. (1) A
licence or permit issued under these Regulations shall, unless otherwise
provided by the Act or any other regulation or on such licence or permit,
expire on 31st December of the year following the year of issue. | Duration and implied conditions of licence or permit. |
(2) It shall be
deemed a condition of licence or permit that such is issued subject- |
(a) to the
provision of these Regulations as are in force from time to time and without
prejudice to any other terms and conditions as are endorsed on the licence or
permit at the time of issue; and |
(b) to
revocation for any breach of these Regulations or any term or condition subject
to which the licence or permit has been issued. |
PART XIV
PENALTIES |
68. (1) Any
person who resists or obstructs a fisheries inspector in the exercise of his
functions under, or fails to comply with any request made by the fisheries
inspector for the purpose of securing compliance with, these Regulations, is
guilty of an offence and is liable on summary conviction to a fine of one
thousand dollars or to imprisonment for a term of six months or to both. | Penalties. |
(2) Any person who
contravenes these Regulations is guilty of an offence and except as is
otherwise provided by the Act or any other regulation is liable on summary
conviction to a fine of three thousand dollars or to imprisonment for a term of
one year or to both. |
(3) Where a person
is found guilty of an offence against any of the provisions in Parts II to VIII
(inclusive) or Part X, the court shall in addition to any other penalty, order
the confiscation of any trap, net, seine or other device used in the
commission, or that is the subject matter of the offence and the trap, net,
seine or other device so confiscated shall be forfeited to the Crown. |
PART XV
GENERAL |
69. For the
purposes of proceedings for an offence of being in possession of any prohibited
fishery resource or of any prohibited apparatus or for using any prohibited
apparatus substance or other thing in breach of any of the provisions of these
Regulations it shall be presumed until the contrary is shown that- | Presumption of participation in offences. |
(a) the captain
or other person in charge of the vessel wherein the fishery resource, or
apparatus, substance or other thing is proven to have been found and every
member of the crew of the vessel at the time, were each in possession of the
prohibited fishery resource, apparatus, substance or other thing as the case
may be; |
(b) the captain
or other person in charge of the vessel on or from which the prohibited
apparatus, substance or other thing is proven to have been used and every
member of the crew at the time, were each using the prohibited apparatus,
substance or other thing, as the case may be; |
(c) fish found
in any vessel on which prohibited apparatus, substance or other thing is proven
to have been found, has been captured or taken by means of that apparatus,
substance or other thing; |
(d) the
possession of any prohibited apparatus, substance or other thing proven to have
been found on a vessel within the exclusive fishery zone was for the purpose of
being used for fishing. |
70. (1)
Without prejudice to the foregoing regulations, no person shall for commercial
purposes export any fishery product or fishery resource, sea-shell or coral
unless- | General prohibition of exportation. |
(a) he holds a licence
from the Minister on behalf of the product or resource he wishes to export; |
(b) the product
or resource is presented to a fisheries inspector at the time of exportation;
and |
(c) the export
duty on such product or resource as may be specified in the Second Schedule is paid. |
(2) Subject to
paragraph (1) no person shall take out of The Bahamas migratory fishery
resource which consists in total of more than six Kingfish, Dolphin and Wahoo
or ten pounds of conch or crawfish or more than twenty pounds of other demersal
fishery resource. |
71. A
person desirous of exporting any live or preserved fishery resource specimens
from The Bahamas for scientific, research, or educational purposes, as the case
may be, shall make an application for that purpose to the Minister in
accordance with regulation 66. | Exportation of fishery resource for scientific etc.
purposes. |
72. The
prohibitions pertaining to the possession or taking by a person of fishery
resource as are imposed by the foregoing regulations by reason of the
application thereto of a close season or the prescription of a minimum size
limit or the sex or egg-bearing characteristics of the resource shall not apply
in so far as the possession or taking by that person is in accordance with a
permit or licence held by him under these regulations for the purpose of
aquaculture, scientific, educational or research purposes. | Exemptions for scientific, educational purposes, etc. |
73. A
person desirous of using during the period 1st August to 31st March a
prohibited apparatus that is commonly known as an air compressor at a depth of
not less than thirty feet nor more than sixty feet, may make application to the
Minister in Form 3 in the First Schedule for a permit authorising such use and
upon the issue thereof the prescribed fee shall be payable. | Compressors. |
FIRST SCHEDULE (Regulation 15(3)) |
FORM 1 |
APPLICATION FOR
PERMIT TO SELL FISHERY RESOURCE |
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) ACT
|
|
(Ch. 244)
|
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) REGULATIONS
|
| 1. |
Name of Applicant
...............................................................................................................
|
| 2. |
Address
...............................................................................................................................
|
| 3. |
Type of Fishery
Resource to be sold
..................................................................................
|
|
.............................................................................................................................................. |
|
.............................................................................................................................................. |
|
.............................................................................................................................................. |
| 4. |
How and where Fishery Resource is to be sold
................................................................. |
|
.............................................................................................................................................. |
|
.............................................................................................................................................. |
| |
......................................................
Signature of Applicant
|
| |
......................................................
Date
|
|
FORM 2 (Regulation 15(4)) |
PERMIT TO SELL
FISHERY RESOURCE |
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) ACT
|
|
(Ch. 244)
|
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) REGULATIONS
|
|
No...............
|
|
This permit is granted
to....................................................................................................
to sell fishery resource namely
..........................................................................................
.......................................................................................................................................
.......................................................................................................................................
.......................................................................................................................................
.......................................................................................................................................
.......................................................................................................................................
at
...................................................................................................................................
from ............................................................ to
........................ 19 .................................
|
|
This Permit-
|
|
(a) shall not be transferred or
assigned;
|
|
(b) does not authorise the sale of
any fishery resource in any manner other than that specified;
|
|
(c) does not authorise the sale of
fishery resource in any place other than that specified.
|
|
(Insert any other
conditions which may be imposed)
|
|
.......................................................................................................................................
.......................................................................................................................................
.......................................................................................................................................
.......................................................................................................................................
.......................................................................................................................................
.......................................................................................................................................
.......................................................................................................................................
.......................................................................................................................................
.......................................................................................................................................
|
|
This Permit expires on
|
|
Dated this
....................................... day of
................................. 19 ..............................
|
|
MINISTER OF ECONOMIC
AFFAIRS, AGRICULTURE AND FISHERIES
|
|
FORM 3 (Regulation 20(4)/73) |
APPLICATION FOR
PERMIT TO TRAP CRAWFISH/USE COMPRESSORS |
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) ACT
|
|
(Ch. 244)
|
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) REGULATIONS
|
1. Name of applicant
.........................................................................................................
|
2. Nationality
....................................................................................................................
|
3. Address
.......................................................................................................................
|
4. Telephone number
........................................................................................................
|
5. Indicate whether
this application is
|
(a) a renewal of
a previous permit ( )
|
| |
(b) a new permit
( )
|
6. If it is for a
renewal of a previous permit, state the original permit number
...........................
|
7. Name of vessel
.............................................................................................................
|
8. Registration number
of vessel
........................................................................................
|
9. Length overall
............................................................................................................
ft.
|
10. Home Port
..................................................................................................................
|
|
11. (a) Name
of Captain
.................................................................................................
|
|
(b) Nationality
.........................................................................................................
|
|
(c) Address
............................................................................................................
|
12. Number of
traps/compressors requested
........................................................................
|
13. Proposed
working areas
...............................................................................................
|
14. The number
of traps/compressors actually used last season
...........................................
|
|
I declare that any
permit issued as a result of this application will be used only in accordance
with the Fisheries Resources (Jurisdiction and Conservation) Act, and the
Regulations made thereunder.
|
|
Signature of
Applicant ........................................... Date ....................................................
|
|
NOTE: In case of
new permits please submit proof of ownership of vessel and for compressor a
certificate of competency relating to its use.
|
|
FOR OFFICIAL USE
ONLY:
|
DO NOT WRITE IN THIS
SPACE
|
|
New ( )
|
Renewal ( )
|
|
Traps/Compressors
used previous season
...........................................................................
|
|
Traps/Compressors
now applied for
.....................................................................................
|
|
Technical Officer's
Recommendation
...................................................................................
|
|
Minister's Decision
.............................................................................................................
|
|
Traps/Compressors
authorised for current season
.................................................................
|
|
Permit Number
Assigned ................................ Date
...........................................................
|
|
Permit becomes
effective
....................................................................................................
|
|
Permit expires
...................................................................................................................
|
|
FORM 4 (Regulation 20(6)) |
PERMIT TO TRAP
CRAWFISH/USE COMPRESSORS |
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) ACT
|
|
(Ch. 244)
|
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) REGULATIONS
|
|
No.
........................
|
|
This Permit is granted
to
..................................................................................................
to trap crawfish/use compressors from ............................... to
..........................................
19 .... in the area of
........................................................................................................
|
|
This Permit-
|
|
(a) shall not be transferred or
assigned;
|
|
(b) only authorises the use of
..................................................
(type description & number, of traps/compressors)
|
|
(Insert any other
conditions that may be imposed)
|
|
.........................................................................................................................................
.........................................................................................................................................
........................................................................................................................................
|
|
This Permit expires on
.......................................................................................................
|
|
Dated this
........................................day of
........................................... 19 ......................
|
|
MINISTER OF ECONOMIC
AFFAIRS, AGRICULTURE AND FISHERIES
|
|
FORM 5 (Regulation 44(2)) |
APPLICATION FOR A
PERMIT TO CULTURE FISHERY RESOURCE |
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) ACT
|
|
(Ch. 244)
|
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) REGULATIONS
|
1. Name of Applicant
.......................................................................................................
|
2. Address
......................................................................................................................
|
3. Type of fishery
resource to be cultured
...........................................................................
|
4. Method of culture
..........................................................................................................
|
5. Purpose for which
fishery resource is to be cultured
.........................................................
|
6. Location where
fishery resource is to be cultured
.............................................................
|
7. Attach detailed
proposal specifying the extent of work to be done regarding the culture of
the fishery resource. ...........................................................................................................
|
| |
........................................................
Signature of Applicant
|
| |
........................................................
Date
|
|
FORM 6 (Regulation 44(3)) |
PERMIT TO CULTURE
FISHERY RESOURCE |
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) ACT
|
|
(Ch. 244)
|
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) REGULATIONS
|
|
No. .................
|
|
This Permit is granted
to ....................................................................................................
to culture fishery resource namely
......................................................................................
at
....................................................................................................................................
from ................................ to
..................................................... 19
.................................
|
|
This Permit-
|
|
(a) shall not be transferred or
assigned;
|
|
(b) does not authorise the culture
or any fishery resource other than that specified in it;
|
|
(c) does not authorise the culture
of fishery resource in any place other than that specified in it.
|
|
(Insert any other
conditions that may be imposed)
|
|
......................................................................................................................................
......................................................................................................................................
......................................................................................................................................
This Permit expires on
....................................................................................................
|
|
Dated this ......................................... day of
........................................ 19 ....................
|
|
MINISTER OF ECONOMIC
AFFAIRS, AGRICULTURE AND FISHERIES
|
|
FORM 7 (Regulation 74(3)) |
APPLICATION FOR A
PERMIT TO ENGAGE IN FOREIGN FISHING FOR SPORTING PURPOSES |
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) ACT
|
|
(Ch. 244)
|
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) REGULATIONS
|
1. Name of Applicant
.......................................................................................................
|
2. Address
.....................................................................................................................
|
3. Name of Vessel
...........................................................................................................
|
4. Description of
Vessel
...................................................................................................
|
5. Registration Number
of Vessel
.....................................................................................
|
6. Port of Registration
.....................................................................................................
|
7. Number of Persons on
board Vessel
.............................................................................
|
8. Type and description
of fishing gear to be used in sports-fishing
..................................................................................................................................
..................................................................................................................................
..................................................................................................................................
|
9. Duration of stay in
The Bahamas
..................................................................................
|
| |
.........................................................
Signature of Applicant
|
| |
......................................................
Date
|
|
FORM 8 (Regulation 47(4)) |
PERMIT TO ENGAGE
IN FOREIGN FISHING CONDUCTED FOR SPORTING PURPOSES |
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) ACT
|
|
(Ch. 244)
|
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) REGULATIONS
|
|
No.
.........................
|
|
This Permit is granted
to
..................................................................................................
authorising him to engage in foreign fishing conducted for sporting purposes
by means of
.......................................................................................................................................
(name & description of
vessel)
|
|
registration number
..........................................................................................................
|
|
This Permit-
|
|
(a) shall not be transferred or
assigned;
|
|
(b) authorises only the vessel
named and described in it to engage in foreign fishing conducted for sporting
purposes;
|
|
(c) authorises maximum use of six
reels;
|
|
(d) authorises a maximum catch of
fishery resource as stipulated in the Regulations.
|
|
(Insert any other
conditions of privileges that may be imposed)
.......................................................................................................................................
.......................................................................................................................................
.......................................................................................................................................
|
|
This Permit expires on
.....................................................................................................
|
|
Dated this
........................... day of
............................................ 19
...............................
|
|
MINISTER OF ECONOMIC
AFFAIRS, AGRICULTURE AND FISHERIES
|
|
FORM 9 (Regulation 62(1)) |
APPLICATION FOR A
PERMIT TO ENGAGE IN FOREIGN FISHING CONDUCTED FOR SCIENTIFIC OR RESEARCH
PURPOSES |
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) ACT
|
|
(Ch. 244)
|
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) REGULATIONS
|
1. Name of Applicant
.....................................................................................................
|
2. Address
...................................................................................................................
|
3. Name of Vessel
........................................................................................................
|
4. Registration Number
.................................................................................................
|
5. Port of Registration
...................................................................................................
|
6. Name and Address of
Owner of Vessel
.......................................................................
|
7. Name of organisation
on behalf of which scientific or research project conducted ............
|
8. Description of
scientific or research project
..................................................................
|
9. Type of resource to
be fished for
.................................................................................
|
10. Quantity of fishery
resource contemplated to be caught
................................................
|
11. Intended area of The
Bahamas where fishing is to be conducted ....................................
|
| |
..................................................
Signature
|
| |
..................................................
Date
|
|
FORM 10 (Regulation 62(2)) |
PERMIT TO ENGAGE
IN FOREIGN FISHING CONDUCTED FOR SCIENTIFIC OR RESEARCH PURPOSES |
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) ACT
|
|
(Ch. 244)
|
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) REGULATIONS
|
|
No.
.........................
|
|
This Permit is granted
to
..................................................................................................
authorising
.......................................................................................................
to engage
in foreign fishing conducted for scientific or research purposes on behalf of
.........................
........................................................................................................................................
(name of organisation)
|
|
by name of
.....................................................................................................................
(name and description of vessel)
|
|
registration number
...................................................... within the
....................................
area of
..............................................................................................................................
|
|
This Permit-
|
|
(a) shall not be transferred or
assigned;
|
|
(b) authorises only the vessel
named and described in it to engage in foreign fishing conducted for
scientific research purposes;
|
|
(c) is granted on the
understanding-
|
|
(i) that the results of the
scientific research project are communicated to the Government;
|
|
(ii) that observers from The
Bahamas shall be allowed to participate in the project.
|
|
.......................................................................................................................................
(Insert any other conditions as may be imposed)
|
|
This Permit expires
on
......................................................................................................
|
|
Dated this
...................................................... day of
.................... 19 .............................
|
|
MINISTER OF ECONOMIC
AFFAIRS, AGRICULTURE AND FISHERIES
|
|
FORM 11 (Regulation 63(1)) |
APPLICATION BY
FOREIGN STATE FOR A LICENCE IN RESPECT OF FISHING VESSEL UNDER SECTION 9 OF THE
ACT |
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) ACT
|
|
(Ch. 244)
|
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) REGULATIONS
|
|
Foreign State
.................................................................................................................
|
|
Name of owner(s) of
Vessel
.............................................................................................
|
|
Address
.........................................................................................................................
|
|
Nationality
......................................................................................................................
|
|
Name of Vessel
..............................................................................................................
|
|
Registration number
of Vessel
..........................................................................................
|
|
Date of registration
of Vessel
............................................................................................
|
|
Port of registry
................................................................................................................
|
|
Tonnage of Vessel
..........................................................................................................
|
|
Capacity of Vessel
..........................................................................................................
|
|
Hull material:
|
wood ( ) aluminium
( ) steel ( )
|
|
| |
fibreglass ( )
other ( )
|
|
|
Method of
Propulsion: sail ( )
|
|
| |
inboard engine ( )
|
horsepower.................................
make.........................................
|
| |
outboard engine (
)
|
horsepower................................
make........................................
|
|
Processing equipment
on board Vessel
............................................................................
|
|
Type and quantity of
fishing gear on board Vessel
.............................................................
......................................................................................................................................
|
|
(a) ...................................................................................................................
( )
|
|
(b) ...................................................................................................................
( )
|
|
(c) ...................................................................................................................
( )
|
|
(d) ...................................................................................................................
( )
|
|
Description of each
fishery resource for which vessels intends to fish
...................................
......................................................................................................................................
......................................................................................................................................
|
|
Quantities of fish
or tonnage of catch contemplated for vessel during time licence is in force
......................................................................................................................................
|
|
Area of the
exclusive fishery zone in which fishing will be conducted
....................................
......................................................................................................................................
|
|
Season or period
during which fishing will be conducted
......................................................
.......................................................................................................................................
.......................................................................................................................................
.......................................................................................................................................
|
| |
|
Signed
......................................
on behalf of ..............................
..............................
|
| |
|
Date
.........................................
|
|
FORM 12 (Regulation 62(2)) |
LICENCE TO FOREIGN
STATE IN RESPECT OF FISHING VESSEL UNDER SECTION 9 OF THE ACT |
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) ACT
|
|
(Ch. 244)
|
|
FISHERIES RESOURCES
(JURISDICTION AND CONSERVATION) REGULATIONS
|
|
No.
.....................
|
|
This Licence is
granted to
..................................................................................................
(foreign state)
|
|
in respect
of.....................................................................................................................
(name and description of fishing vessel)
|
|
registration number
...........................................................................................................
owned or operated by ........................................................................................................
to fish within the area of
....................................................................................................
during the ........................................................................................
season(s) subject to
the terms and conditions of the treaty done at
....................................................................
.......................................................... between ........... | |