The Fishing Industry Act 

The Fishing Industry (Special Fishery Conservation Area)

Regulations, 2012

 

In exercise of the power conferred upon the Minister by section 25 of the fishing

Industry Act, the following Regulations are hereby made:-

1. These Regulations may be cited as the Fishing Industry (Special Fishery Conservation Area) Regulations, 2012.

2. In these Regulations - 

"alien species" means a species, subspecies or lower taxon, introduced outside its natural distribution an include any part, gamate, seeds, eggs or propagules of that species which may survive and reproduce;   

"alien invasive species" means an alien species that threaten biological diversity;

"special fishery conservation area" means the areas specified in regulation 3.

3. The areas specified -

(a) in Part I of the First Schedule, and delineated in the map set out in Part II thereof and which shall be known as the South West Cay Special Fishery Conservation Area;

(b) in Part I of the Second Schedule, and delineated in the map set out in Part II thereof and which shall be known as the Bluefields Bay Special Fishery Conservation Area;

(c) in Part I of the Third Schedule, and delineated in the map set out in Part II thereof and which shall be known as the Bogue Island Lagoon Special Fishery Conservation Area;

(d)  in Part I of the Fourth Schedule, and delineated in the map set out in Part II thereof and which shall be known as the Discovery Bay Special Fishery Conservation Area;

(e)  in Part, I of the Fifth Schedule, and delineated in the map set out in Part II thereof and which shall be known as the Galleon, St. Elizabeth Special Fishery Conservation Area;

(f)  in Part I of the Sixth Schedule, and delineated in the map set out in Part II thereof and which shall be known as the Galleon Harbour Special Fishery Conservation Area;

(g)  in Part I of the Seventh Schedule, and delineated in the map set out in Part II thereof and which shall be known as the Montego Bay Point Special Fishery Conservation Area;

(h)  in Part I of the Eighth Schedule, and delineated in the map set out in Part II thereof and which shall be known as the Oracabessa Bay Special Fishery Conservation Area;

(i)  in Part I of the Ninth Schedule, and delineated in the map set out in Part II thereof and which shall be known as the Orange Bay Special Fishery Conservation Area;

(j)  in Part I of the Tenth Schedule, and delineated in the map set out in Part II thereof and which shall be known as the Port Morant Habour Lagoon Special Fishery Conservation Area;

(k)  in Part I of the Eleventh Schedule, and delineated in the map set out in Part II thereof and which shall be known as the Salt Habour Special Fishery Conservation Area;

(l)  in Part I of the Twelfth Schedule, and delineated in the map set out in Part II thereof and which shall be known as the Sandals Boscobel Special Fishery Conservation Area;

(m)  in Part I of the Thirteenth Schedule, and delineated in the map set out in Part II thereof and which shall be known as the Sandals Whitehouse Bay Special Fishery Conservation Area;

(n)  in Part I of the Fourteenth Schedule, and delineated in the map set out in Part II thereof and which shall be known as the Three Bays Special Fishery Conservation Area;

are declared to be special fishery conservation areas.

4.  (1) Subject to paragraphs (2) and (3), no person shall fish in a special fishery conservation area except in accordance with- 

(a) a license issued by the Licensing Authority under the provisions of the Act; and

(b) the provisions of the directions issued by the Minister regulation 5.

      (2) Paragraph (1) does not apply to fishery inspections or public officers designated as the Licensing Authority under section 4 of the Act.

      (3) A person who contravenes paragraph (1), commits an offence and is liable on summary conviction before a Resident Magistrate to a fine not exceeding one thousand dollars.

5. The Ministry may give directions for fishing in a special fishery conservation area for the purpose of the management, control and conservation of fish in that area, and such directions shall specify - 

(a) the special fishery conservation area or part thereof to which the directions relates; and

(b) the terms and conditions for fishing in that area, including - 

(i) identifying the species of fish to be fished ;

           (ii) specifying the method of fishing and the manner in which fishing is to be undertaken; 

(iii) specifying the purpose for the fishing, such as fishing to obtain specimens for scientific, educational or other conservation related purpose

(iv) the terms and conditions under which fishing of a particular species of fish is permitted, including fishing seasons and times, the number, sex, and size of the specimens;

(v) whether fishing may be undertaken to gather live specimens of fish and the method of gathering, receiving, keeping and transporting live specimens;

(vi) for the culling of alien invasive species;

(vii) for the disposal of specimens fished from a special fishery conservation area, including the sale of live or dead specimens;

(viii) the gathering of specimens for the purpose of rearing, breeding or otherwise propagating fish and the conditions under which such rearing, breeding or propagating may be undertaken; and

(ix) such terms and conditions as the Minister may think fit to ensure that fishing in a special fishery conservation area and the specimens fished are not utilized in a manner inconsistent with the eradication of alien invasive species and the conservation of indigenous fish populations in a special fishery conservation area.

6.- (1) No person shall knowingly —

(b) transport, purchase, receive, keep, rear, breed or propagate specimens of any fish from a special fishery conservation area, in contravention of a direction issued under regulation 5

(2) A person who contravenes paragraph (1) commits an offense and is liable on summary conviction before a Resident Magistrate to a fine not exceeding one thousand dollars.

 

7.   Every Order specified in the Fifteenth Schedule to these Regulations is hereby revoked.

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