Fisheries (Amendment) Regulations 1999 (S.I. No. 13 of 1999)

No. 13} BELIZE: Fisheries STATUTORY INSTRUMENT No. 13 of 1999 REGULATIONS made by the Minister of Agriculture and Fisheries in exercise of the powers conferred upon him by section 13 of the Fisheries Act, Chapter 174 of the Laws of Beliz.e, Revised Edition 1980-90, and all other powers thereunto him enabling. (Gazetted 13th February, 1999.) 1. These Regulations may be cited as the FISHERIES (AMENDMENT) REGULATIONS, 1999, and shall be read and construed as one with the Fisheries Regulations which, as amended, are hereinafter referred to as the principal Regulations. 2. The Principal Regulations hereby amended by the repeal and replacement ofRegulations 28 to 55 as follows: "Forelcn fishlnc vessel licence. 28. ( 1) No foreign fishing vessel shall be used for fishing or for any other related activities while in the waters of Belize without a valid foreign fishing vessel licence issued m accordance with these Regulations. Short title. Sub. Lee 1991 Mn. Vol Iv Cap. 174 P.7. 1 S.J. 139/90 168/91 169/91 154/92 5!5/93 143/93 155/96 27/97 76/97 123/1997. Repeal and replacement or Reculatlons 28 to SS. 2 Fisheries {No. 13 (2) Subject to the prov1s1ons of these Regulations the Minister may, upon the recommendation of the Fisheries Administrator or any interested Government Department, issue a foreign fishing vessel licence to a foreign fishing vessel authorising the use and operation of such vessel in any areas of the waters of Belize which may be specified in the licence. (3) The Minister shall exercise the powers conferred upon him under subregulation (2) above ifhe is satisfied that: (a) the issue of such licence is consistent with the applicable fisheries management plan, and that the amount offish authorised to be taken by such foreign fishing vessel in the fisheries management plan will not be exceeded by or through the issue of such licence; (b) the issue of such licence shall not cause unreasonable harm to the local fishing industry, consideration being taken in this respect to whether the licence is issued for operations in the territorial sea, the exclusive economic zone of Belize, the internal waters of Belize or any inland waters ofBelize; (c) the issue of such licence shall be beneficial to theBelizean economy and shall be in the public interest; (d) the applicant for such licence has provided sufficient financial and No.13] Fisheries other guarantees for the fulfillment ofall his obligations under the Act and Regulations made thereunder, (e) there is in force between the Government of the Flag State of the foreign fishing vessel, or any other organisation or association to which the Flag State has delegated power and authority over the registration of ships and fishing vessels, or any association of which the applicant is a member, and the Government of Belize, a valid fisheries agreement entered into by both parties, or to which both parties subscribe and are members. (3) An application for a foreign fishing vessel licence and the licence itself shall be in such form as the Minister may from time to time set out by Order published in the Gazette pursuant to section 13 of the Act. ( 4) Unless a fee is specifically set out in the licence or in an applicable fisheries agreement referred to in subregulation (3) (e) above, the fees payable in respect of a foreign fishing vessel licence shall, depending on the length of the foreign fishing vessel concerned, be ofan amount set out in Table A of Schedule 5 hereto. 2 9. ( 1) Unless expressly provided in a foreign fishing vessel licence, the conditions specified in subregulation (2) below shall be and are hereby declared to be implied conditions applicable to every foreign fishing vessel licensed under these Regulations. (2) The conditions referred to in subregulation (1) above are: Table A Schedule 5. General conditions applicable to foreign fishing vessels. 3 4 Fisheries /No. 13 (a) that no fishing related activities shall be undertaken in the waters of Belize except in accordance with the terms and conditions of the licence; (b) that any change at any time before or after the issue of a foreign fishing vessel licence in the particulars and information set out in the applicationformforthelicenceshallbenotified by the holder or applicant thereofin writing to the Fisheries Administrator as soon as may be, but in any case not later than seven calendar days after the occurrence thereof; (c) that the master of each foreign fishing vessel, and each crew member thereof, shall while in the waters of Belize pursuant to the licence, comply at all times, to the lawful directions given to them or each of them by the Fisheries Administrator or any fisheries officer or other officer of the Government duly authorised in writing by the Minister in that behalf, and in particular, they or each of them shall upon the request of any of the aforesaid officers: (i) stop the vessel; or (ii) permit such officer to board the vessel and carry out any inspection thereof, and fully cooperate with and assist such officer during the inspection; or (iii) permit and allow such officer to have access to all documents and information relating to the licensing, registration and other particulars of the vessel and its operations; No. 13] Fisheries (iv) bring the vessel into port, or order it to another point at sea; (d) that the master and crew members of the foreign fishing vessel shall, while in the waters of Belize, comply fully with all the environmental and other laws ofBelize, and take reasonable measures and precautions to avoid causing any damage to or endangering the marine environment, barrier reef or the viability of the local fishing industry. (3) Every foreign fishing vessel with an overall length of forty ( 40) feet or more licensed pursuant to these Regulations shall, in addition to observing the conditions set out in subregulation (2) above, also comply with and observe the conditions specified in subregulation ( 4) below. ( 4) The conditions referred to in subregulation (3) above are: ( a) that the vessel, while in the waters ofBelize : (i) fly the flag ofits Flag State; (ii) clearly display its name in English in large letters painted on its bows and stern; and (iii) clearly display the identification markings in accordance with the specifications set out in Schedule 6 hereto; Schedule 6 (b) that the master of the foreign fishing vessel shall cause a logbook to be maintained on a daily basis in such form as may be set out by the Fisheries Administrator, and record in such logbook all the fishing operations undertaken by the vessel while in the waters ofBelize; 5 6 Fisheries [No. 13 (c) that the master of the foreign fishing vessel shall submit the logbook referred to in paragraph (b) above to the Fisheries Administrator in its original and unaltered form: (i) not later than thirty calendar days after the completion of the voyage to which the logbook relates, but in any case before the vessel departs the waters ofBelize; or (ii) at any other time at the oral or written request of the Fisheries Administrator or a fisheries officer; (d) that the master of the foreign fishing vessel shall cause reports to be made to the Fisheries Administrator, on such forms as may be specified by the Fisheries Administrator, concerning or relating to the international radio call sign or the number assigned to the vessel under any national or regional register, the position of the vessel at the time of reporting, the total fish catch on board the vessel, segregated by species at the time of reporting, the areas fished while in the waters of Belize, and such other information relating to the operations of the foreign fishing vessel while in the waters of Belize as the Fisheries Administrator may from time to time require, and such information ( or any applicable portion thereof), shall be provided to the Fisheries Administrator by the master of the vessel as aforesaid: (i) immediately upon entry into the waters of Belize; or No. 13} Fisheries (ii) every thirty (30) calendar days thereafter, or after such shorter or longer intervals as the Fisheries Administrator may specify in writing;or (iii) immediately prior to departure from the waters of Belize; or (iv) at such other times as the Fisheries Administrator may specify in writing; (e) that the master or operator of the foreign fishing vessel or his authorised local representative shall notify the Fisheries Administrator of the estimated time of entry of the vessel into any port in Belize at least twenty-four (24) hours prior to such entry; (I) that the master of the foreign fishing vessel shall, while in the waters ofBelize, allow any person designated in writing by the Fisheries Administrator to board and remain on board the vessel as an observer and shall: (i) allow the observer full access to all equipment, including navigation and communication equipment, records, documents and any fish on board the vessel; (ii) allow the observer to make such tests, observations and records, and to take or remove such samples as he may reasonably require in connection with the vessel's operations while within the waters ofBelize; 7 8 Fisheries [No. 13 (iii) provide, without any charge whatsoever to the observer or to the Government ofBelize, food and accommodation at least equal to that provided to officers on board the vessel; (iv) proceed directly to port, if or when requested to do so by the Fisheries Administrator or the observer, for the purpose of allowing the observer or the fisheries officer designated in that behalf by the Fisheries Administrator to board or disembark from such vessel, or to carry out an inspection for the purposes of monitoring compliance by such vessel with the provisions of the Act or any Regulations made thereunder, or with any fisheries agreement applicable to such vessel entered into pursuant to these Regulations. (g) that all catch landed by the vessel shall be processed in Belize; and (h) that any supplies and services which may be necessary for the operation of the vessel shall be procured in Belize, except if unavailable locally. ( 5) Every foreign fishing vessel with an overall length of less than forty ( 40) feet licensed pursuant to these Regulations shall, in addition to observing the conditions set out in subregulation (3) above, also comply with and observe the conditions specified in subregulations ( 6) below. No. 13} Fisheries (6) The conditions referred to in subregulation (5) above are: ( a) that the foreign fishing vessel shall at all times while in the waters of Belize display identification markings in accordance with the 9 specifications set out in Schedule 6 hereto; schedule. (b) thatthemasterofthevessel shall provide such information to the Fisheries Administrator on fishery operations carried out within the waters of Belize, in such form and at such times as the Fisheries Administrator may from time to time require in writing. 30. All record, logbooks, notices, documents or other information required to be maintained, kept or made under these Regulations shall be so maintained, kept or made in the English language, and only such copies as are maintained, kept or made in the English language shall be deemed to be authentic texts for the purposes of these Regulations. 31. No licence shall be issued under the Regulations to a foreign fishing vessel unless the master, owner, charterer or operatorthereofhas appointed in Belize a local representative who shall, and is hereby authorised to act on behalf of such master, owner, charterer or operator as aforesaid, and to accept on his behalf all legal responsibility for any legal or other action which may be taken by or against the vessel and its operations while in the waters ofBelize. 3 2. ( 1) The government of Belize, pursuant to Regulation 28(2) ( e) above, may enter into fisheries agreements with other States, or intergovernmental organisations, or associations representing foreign fishing vessel operators, and such agree ments may, inter alia, provide for the allocation of foreign fishing vessel licences to fishing vessels of such States, organisations or associations, as the case may be. Recordl to be In En1U1h. Local representatives. Fisheries a1reements. 10 Stowai:e of fiahlni: i:ear. Fisheries /No. 13 (2) The amount of fishing authorised under any fisheries agreement made pursuant to these Regulations shall not exceed the amount of fishing allowed to be undertaken by foreign fishing vessels under the applicable fisheries management plan. (3) A fisheries agreement made by virtue of these Regulations shall include a provision, or ifit does not do so, shall be read and construed as including a provision, imposing an obligation on the foreign State, intergovernmental organization or association representing foreign fishing vessel operators to take all the necessary measures to ensure that foreign fishing vessels licenced pursuant to these Regulations fully comply with the terms and conditions of the Agreement, their licence and all applicable laws relating to their operations while in the waters of Belize. ( 4) The validity and duration of a foreign fishing vessel licence shall not extend beyond the validity and duration of the fisheries agreement applicable to the vessel in respect of which it is issued. 33. (1) Any foreign fishing vessel which is not licensed pursuant to these Regulations shall, while in the waters of Belize, keep its fishing gear securely stowed so as not to be readily available for use. (2) Any foreign fishing vessel which is licensed under these Regulations to undertake fishing operations in any areas specified in the licence shall, while not in those specified areas, at all times keep its fishing gear securely stowed so as not to be readily available for use. (3) Where a foreign fishing vessel licence specifically authorises a foreign fishing vessel to fish using only a particular set or type of fishing gear, such vessel shall, while in the waters of Belize, at all times keep any other fishing gear on board the vessel securely stowed so as not to be readily available for use. No. 13} Fisheries 3 4. ( 1) No local fishing vessel shall be used for fishing orfor any otherrelated activities while in the waters of Belize without a valid local fishing vessel licence issued in accordance with these Regulations. (2) An application for a local fishing vessel licence, and the licence itself, shall be in such form as the Minister may from time to time set out by Order published in the Gazette pursuant to section 13 of the Act. (3) Where a local fishing vessel licensed under these Regulations ceases to be a local fishing vessel, the licence of such vessel shall automatically terminate upon such cessation. ( 4) The fees payable in respect ofa local fishing vessel licence shall, depending on the length of the local fishing vessel concerned, be of an amount set out in Table B of Schedule 5 hereto. 3 5. ( 1) Unless expressly provided in a local fishing vessel licence, the conditions specified in subregulation (2) below shall be and are hereby declared to be implied conditions applicable to every local fishing vessel licensed under these Regulations. (2) The conditions referred to in subregulations ( 1) above are: (a) that no fishing shall be undertaken in the waters of Belize except in accordance with the terms and conditions of the licence and in accordance with the provisions of the Act and Regulations made thereunder; (b) that any change at any time before or after the issue of the local fishing vessel licence in the particulars and information set out in the application form for the licence shall be notified by the holder or applicant thereofin writing to 11 Local fishing vessel licence. Table B. Schedule 5. General conditions applicable to local fishing vessels. 12 Sclae4ule 6. Fisheries [No. 13 the Fisheries Administrator as soon as may be, but in any case not later than seven calendar days after the occurrence thereof; (c) that the vessel shall comply with: (i) the laws ofBelize relating to safety ofnavigation; and (ii) such safety standards as the fisheries Administrator may require from time to time; (d) that the vessel shall display the identification markings assigned to it by the Fisheries Administrator in accordance with the specifications set out in Schedule 6 hereto, ( e) that the master of the vessel shall, if so required by the Fisheries Administrator, cause a fogbook to be maintained on a daily basis in such form as the Fisheries Administrator may from time to time require for the purpose of recording the fishing operations of the vessel; U) that any logbook maintained under paragraph (e) shall be transmitted in its original and unaltered in its original and unaltered form to the Fisheries Administrator at such time or times as he may in writing require; (g) that the master and each member of the crew of the vessel shall comply with the directions given to them or each of them orally or in writing by the Fisheries Administrator or a fisheries officer at such time as the aforesaid officers or any of them may require; (h) that the master of the vessel shall allow any person designated in writing by the Fisheries Administrator to board and remain on board the vessel as an observer. No. 13] Fisheries 36. All fishing vessels (both local and foreign) licensed to undertake fishing operations within the waters of Belize pursu ant to these Regulations shall be marked in accordance with Regulation41 below. 37. (1) An application for a fisherman's licence and the licence itself, shall be in such form as the Minister may from time to time set out by Order published in the Gazette pursuant to section 13 of the Act. (2) The fees payable for the issue of a fisherman's licence shall be ofan amount set out in Table C of Schedule 5 hereto. 38. (1) The owner, master, chartereroroperatorofa vessel may apply for a research permit to enable him to undertake research in the waters ofBelize. (2) A research permit issued pursuant to these Regula tions may be subject to such terms and conditions as may be prescribed or as may be stated in the permit, and shall also be subject to the following terms and conditions: (a) such scientific observers or other personnel as the Fisheries Administrator may designate shall be allowed on board the licensed vessel and shall be allowed to participate fully in the research project both on board the vessel and onshore; (b) copies of any raw data generated by the research operations shall be submitted to the Fisheries Administrator at the end of the operations or at any other time as the Fisheries Administrator may require; (c) the results and conclusions of the research operations shall be submitted to the Fisheries Administrator as soon as practicable following 13 Marldnc and ldentlncatlon of flshlnc vessels. Fisherman's licence. Table C. Schedule 5. Research permits. 14 Table D. Schedule 5. Marine bloresearch licence. Fisheries /No. 13 the completion of the operations and in any case not later than the time specified in the research permit for this purpose; (d) no result of the research operation shall be published or otherwise made available outside Belize without the prior agreement in writing of the Fisheries Administrator; (3) An application for a research licence, and the licence itself, shall be in such form as the Minister may from time to time set out by Order published in the Gazette pursuant to section 13 of the Act. ( 4) A research permit may be issued to a particular person or vessel to carry out the research activities referred to in the permit, and the fee payable in respect of that permit shall be of an amount set out in Table G of Schedule 5 hereto. (5) The Minister may, if he considers it to be in the public interest of Belize, vary or waive the amount of fees payable in respect of a research permit issued under these Regulations. 39. (1) No person shall engage in marine bio-diversity research for the use of bio-technology in Belize without a valid marine bio-research licence issued under these Regulations. (2) A marine bio-research licence issued pursuant to these Regulations may be subject to such terms and conditions as may be prescribed or as may be stated in the licence, and shall also be subject to the following terms and conditions: (aJ any use of genetic materials shall be of public interest and natural patrimony and the Fisheries Department shall be the direct custodian for all marine-related prospecting. A transfer agreement will need to be signed between the Fisheries Department and interested parties; No. 13} Fisheries (b) an entity engaged in bio-prospecting shall train Belizean citizens and pennanent residents in related fields; (c) an organisation deriving revenue from the use of bio-diversity in Belize shall enter into a written agreement with the Government of Belize, acting through the Fisheries Department, crediting at least ten per cent of such revenue to the Consolidated Revenue Fund; (d) no bio-prospecting with a negative environmental impact shall be allowed; (e) all bio-research conducted in the waters of Belize shall require a transfer agreement. (3) An application for a marine bio-research licence, and the licence itself, shall be in such form as the Minister may from time to time set out by Order published in the Gazette pursuant to section 13 of the Act. ( 4) The fees payable for the issue of a marine bio research licence shall be of an amount set out in Table E of Schedule 5 hereto. 40. ( 1) All licences and permits issued under these Regu lations: (a) shall be valid for such period as may be specified in the licence or permit; (b) shall not be transferable or assignable; (c) shall at all material times be carried by the owner, master, charterer, operator or researcher of the vessel in respect of which it 15 Table E. Schedule 5. Terms ud condition■ or llcencn ud permits. 16 Distin1uishin1 marks. Offence and penalty for contraveninc Reculation 41 Fisheries /No. 13 is issued and produced on demand when requested by the Fisheries Administrator or a fisheries officer. (2) Where a vessel licenced under these Regulations is transferred to another owner such owner shall, within seven calendar days ofbecoming owner, apply to the Minister on the prescribed application form for the re-licensing of the vessel. (3) Where a vessel licensed under these Regulations ceases to undertake and perform the fishing or research opera tions for which it was initially licensed, the master, owner, operator, or charterer of such vessel shall within seven days of such cessation, inform the Fisheries~ Administrator of that fact and return the licence for cancellation. 41. (1) Before the issuing ofa licence to fish on respect of any vessel, the Fisheries Administrator shall allot a distinguish ing mark to that vessel and shall advise the owner of the vessel of the mark so allotted. (2) All marks allotted to vessels during the currency of a licence shall be maintained in a clean and un-obscured condition by the owner of the vessel. A tender or dinghy or other small boat customarily used in conjunction with a vessel to which a mark is allotted shall carry the same mark as the parent vessel. 42. Any person who removes, defaces or otherwise alters any distinguishing mark on any vessel without the express instructions in writing of the Fisheries Administrator, or any person who applies a mark to a vessel to which such mark has not been allocated or who applies a mark with a view to mislead or confuse, the form or nature of which may be confused with an official allotted mark, shall be guilty ofan offence against these Regulations and shall be liable on summary conviction to a fine of one thousand dollars or to imprisonment for a period not exceeding six months, or to both such fine and period of No. 13} Fisheries imprisonment, and in addition the vessel for which the convic tion was obtained may be forfeited to the state, or if not forfeited, may not be licensed for a period of twelve months following such conviction. 43. (1) Every person or exporter engaged in any of the operations to which reference is made in this Regulations shall upon request furnish to the Fisheries Administrator a return in writing on Form E 1 set out in Schedule 2 to these Regulations, giving details as to the catch, sales output, produce in respect of fish purchases, fishing gear and name and type of vessel used, time occupied in fishing, areas fished and species taken or such other information as may be required for statistical purposes. The operations in respect of which a return may be required to be furnished are: (a) thetakingoffishforsale; (b) the sale of fish at any market or at any establishment at which fish is sold which has not passed through any market; (c) the preserving, curing, smoking, drying or salting of fish for sale or export; ( d) the processing, filleting, packaging or handling of fish or fish products; (e) the purchasing, receiving and export offish or fish products. (2) Any person or exporter required to furnish a return under this Regulation shall within fifteen calendar days after the expiration of each month furnish that return to the Fisheries Department setting out the prescribed particulars. (3) Any person who neglects or fails to furnish a return required to be furnished in accordance with the provisions of 17 Returns. Form El. Schedule 2. 11 C.llt•y u• •1apou1 or ■else• articles. Forfeiture. Fisheries {No. 13 this Regulation or who furnishes false information in any such return shall be guilty of an offence and shall be liable on summary conviction to a fine of one thousand dollars or to imprisonment for a period not exceeding six months, orto both such fine and period ofimprisonment. · 44.(l)ASummaryjurisdictioncourtmayorderanyfishor other perishable articles seized by the Fisheries Department pursuant to the Act and Regulations made thereunder to be forfeited. (2) A summary jurisdiction court may order the release of any vessel or any other article seized by the Fisheries Department pursuant to the Act and Regulations made thereun der to be released on receipt of a bond or other security for its value. (3) Where proceedings are instituted in any court in respect of a seized article, the court dealing with the matter may retain the seized article as an exhibit pending the final determi nation of the proceedings before it, but if separate proceedings are instituted in another court, the first mentioned court, may cause the article to be delivered to that other court, there to be dealt with as an exhibit or as that other court sees fit. 45. ( 1) On convicting any person of an offence against these Regulations, the court: (a) may order any fishing vessel used in the commission of the offence and any article in respect of which the offence has been committed, to be forfeited; (b) shall order all fish taken in the commission of the offence to be forfeited; (2) Where an article in the custody of the court is not forfeited pursuant to subregulation (I) above, it shall be held by No. 13} Fisheries the court until the convicted person has paid all fines relating to are associated with the use of such article, and if the convicted person fails to pay the fines within such time as may be specified by the court, such article may be sold on the order of the court after the application of the prosecution, and the money realised from the sale may be applied towards payment of the outstand ing fines. 46. ( 1) Where any person has been convicted of an offence against these Regulations, the court may, in addition to any other penalty it may impose, cancel any licence or permit issued under these Regulations to the convicted person, and may further order that such person shall be prohibited from applying for any licence or permit under the Act or these Regulations for such time as the court may specify in the order. (2) A person aggrieved by the court, s order prohibiting the issue of a permit or licence to him for a specified time may appeal against that order to the Supreme Court. 47. If any person contravenes the provisions of these Regulations or a fisheries agreement made pursuant to these Regulations, or who contravenes the terms and conditions of a licence or permit issued hereunder, and no specific penalty is provided for such contravention, such person commits an offence and shall be liable on summary conviction to a fine of one thousand dollars or to imprisonment for a period not exceeding six months, or to both such fine and period of imprisonment." 3. The Second Schedule to the principal Regulations is hereby amended by the repeal ofForms A 1, A2, B 1, B2, C 1, C2 and Dl. 4. The principal Regulations are hereby amended by the addition after the Fourth Schedule thereof of the Schedules appearing in these Regulations and marked as Schedule 5 and Schedule 6. 19 Cancellation or licences and permits. General offence and penalty. Amendment or Second Schedule. Addition of Schedules 5 and 6. 20 Fisheries [No. 13 coounmcement. 5. These Regulations shall come into force on the 1st day ofFebruary, 1999. MADE by the Minister of Agriculture and Fisheries this 8th day ofFebruary, 1999. (D. BALDERAMOS GARCIA) /or(DANIELSILVA) Minister of Agriculture and Fisheries Printed in Belize by the Government Printer No. 13} TABLEA TABLEB TABLEC TABLED TABLEE Fisheries 21 SCHEDULES Fees forforeignfishingv~ licenres less than 45ft overall length-$1,000.00 per annum. Fees for local fishing vessel licences 20ft to 30 feet overall Length- $25.00 per annum. Fees for fisherman's licence- $25.00 per annum. Fees for Research Permit - $200.00 per annum. Fees for marine bio-prospecting licence-$1,000.00 per annum. 22 Fisheries /No. 13 SCHEDULE6 SPECIFICATIONS FOR MARKING OF FISHING VESSELS 1. Content of Identification Marks (a) Any vessel that has been assigned an International telecommunication Union radio call sign as its identification mark. (b) Any vessel that has not been assigned an International telecommunication Union to the flag state of the vessel followed by a hyphen and the licence or registration number assigned to that vessel by its flag state. (c) Any vessel that has not been assigned an International Telecommunication Union radio call sign but is normally carried on board another vessel for use in fishing operations shall display the identification mark assigned to that other vessel. 2. LocationofMarking (a) Identification marks shall be prominently displayed: (i) on the vessel's port or starboard side or superstructure high above the waterline but not in the flare of the bow or on the sterm in such a way as to be clearly visible both from the seen and the air; and (ii) for vessels other than local fishing vessels or in decked vessels on a horizontal surface of the vessel athwart ships with the top of the letters and numbers towards the bow of the vessel; where an awning or other temporary cover is placed so as to obscure the marking, the awning or other cover shall bear the same identification mark. (b) Identification marks shall be so placed that they: No.13} Fisheries 23 (i) are not obscured at any time by fishing gear whether stowed orin use; (ii) for vessels other than local fishing vessels or un decked vessels on a horizontal surface of the vessel athwart ships with the top of the letters and numbers towards the bow of the vessel; where an awning or other temporary cover is placed so as to obscure the marking, the awning or other cover shall bear the same identification mark. (c) Identification marks shall be so placed that they: (i) are not obscured at any time by fishing gear whether stowed or in use; (ii) are clear of flows from scuppers or overboard discharges and of areas that might be prone to damage or dis-coloration occurring during or as a result of fishing operations; and (iii) do not extend below the waterline. 3. Technical Specifications. (a) Block lettering and numbering shall be used throughout. (b) The width of the letters and numbers shall be in proportion to the height as get out below. (c) The height of the letters and numbers shall be in proportion to the size of the vessel in accordance with the following criteria: (i) for identification marks on the side or superstructure of the vessel 24 Fisheries (No. 13 Length overall of vessel Minimum height of letters in meters (ml 25mandover At least 20 m but less than 25 m At least 15 m but less than 20 m At least 12 m but less than 15 m At least 5 m but. less than 12 m Under5m I.Om 0.8m 0.6m 0.4m 0.3m 0.lm (ii) For identification marks to be displayed on horizontal surfaces on vessels of 5 meters length overall and over, the height of the letters and numbers shall be not less than 0. 3 meters. (d) The length of the hyphen shall be half of the height of the letters and numbers. ( e) The width of the stroke for all letters, numbers and the hyphen shall be one sixth of the height of the letters and numbers. (I) The space between letters and/or numbers, except in the case referred to in paragraph (g), shall not exceed one quarter of the height ofthe letters and numbers and shall not be less than one sixth of that height. (g) The space between adjacent letters having sloping sides shall not exceed one eight of the height of the letters, nor be less than one tenth of that height. (h) Identification marks shall be white on a black background or black on a white background; the background shall extend to provide a border around the letters and numbers ofnot less than one sixth of the height of the letters and numbers. (i) Good quality marine paint shall be used in the marking of vessels in accordance with the foregoing specifications; retro-reflective or heat-generating substances may also be used. No. 13} Fisheries 25 OJ The identification marks and the background shall be maintained in a good condition at all times.