Merchant Shipping (Minor Fisheries) Regulations

1974 Ed.] Merchant Shipping (Minor Fisheries) Regulations [CAP. 281 01 MERCHANT SHIPPING (MINOR FISHERIES) REGULAnONS (Cap. 281, section 77) [30th October, 1953.J 1. These regulations may be cited as the Merchant Shipping (M inor Fisheries) Regulations. 2. In these regulations, unless the context otherwise requires-s "beach seine net" means a net not less than 100 feet in length by 3 feet in width. which is shot from a boat and hauled by both ends to the shore; "prescribed fee" means a fee prescribed in the Merchant Shipping (Fees) Regulations; "stake net" includes (a) an inshore stake net, which means a net attached to poles which is worked by a windlass stationed on shore or in less than 3 fathoms of water, or (b) an offshore stake net, which means a net attached to poles which is worked by a windlass stationed in more than 3 fathoms of water, or (c) a line of stakes and nets, which means a net or nets attached to a line of stakes which are driven into the foreshore or sea-bed. [Subsidiary] G.N.A.112/53. 26 of 1958. L.N. 86/65. L.N. 64/68. L.N. 256/74. Citation. Interpretation. L.N.86/65. (Cap. 281, sub. leg.) Licensing of stake nets. L.N.86/65. 3. (1) The Director of Marine is hereby authorized to grant annual licences for the erection and maintenance of stake nets and for the operation of beach seine nets at the prescribed fees. (2) The Director may in his discretion refuse the grant or the renewal of any stake net licence. (3) Licences shall not be transferable and shall specify the exact location in which they may be used. (4) Any person who erects or operates a stake net or who operates a beach seine net without a licence shall be guilty of an offence and shall be liable on conviction to a fine of $5,000. L.N.256/74. 4. (I) No stake net shall be erected within 200 yards of an Conditions for existing stake net without the permission of the owner. Stake nets stake nets. not in use shall be removed at the expense of the licensee. (2) Each stake net shall shew between sunset and sunrise a bright white light visible in all directions seaward for a distance of a mile. 02 CAP. 281] Merchant Shipping (Minor Fisheries) Regulations [1974 Ed. (Subsidiary1 L. N. 256i74. Prohibition elf explosives. L. N. 256/74. Bright light fishing. Schedule. L.N.64168. L. N. 256/74. Oyster fisheries. L. N. 256174. 26 of 1958. s. 18. (Cap. 307.) (3) Each stake net shall exhibit in a conspicuous posinon a board to be supplied free of charge by the Director shewing the number of the licence. (4) Any licence holder who contravenes a provision of this regulation shall be guilty of an offence and shall be liable on con viction to a fine of $1,000. 5. Any person who uses any explosive for the purpose of fishing or who has an explosive in his possession for such purpose shall be guilty of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 6 months. 6. (I) A bright light for the purpose of fishing or attracting fish shall only be used in the locations specified in the Schedule. (2) Not more than 2 such lights shall be ill use at the same time in anyone vessel. (3) Lights for such purpose shall be effectively shaded to the satisfaction of the Director and shall be so constructed and used that the shade shall always extend not less than 4 inches below the lowest part of the light and the lights shall not be placed at a greater height than 3 feet above the water. (4) Any person who uses a bright light for the purpose of fishing or attracting fish within the waters of the Colony in con travention of this regulation shall be guilty of an offence and shall be liable on conviction to a fine of $5,000. 7. Any person who carries on any of the operations of oyster rearing or fishing save in accordance with the terms of a Crown lease or permit shall be guilty of an offence and shall be liable on conviction to a fine of $5,000: Provided that this regulation shall not apply to the rearing of or fishing for pearl oysters within the meaning of the Pearl Culture (Control) Ordinance. L.N. 64i68. SCHEDULE AREAS WHERE BRIGHT LIGHT FISHING IS PERMITTED [reg. 6.) 1. Mil'S Bay. 1'010 Harbour and Port Shelter-The waters of the Colony within the area bounded on the south by a line drawn 2140 from Mil'S Point (latitude 22° 27' 06" north, longitude 114U 30' 07" east) to the south eastern ex tremity of Last Ninepin Island (Tung Kwo Chau), thence a line drawn 238" to the south eastern extremity of South Ninepin Island (Nam Kwo Chau) thence a line drawn 2780 to Fu Tau Point (Fat Tong Kok) with the exception of the Dangerous Goods Anchorage in the Tolo Channel specified in the Fourth Schedule to the Merchant Shipping (Control of Ports) Regulations, 2. Tscung Kwan 0 or Junk Bay-The area bounded on the south and west by a line drawn 160' from a position to the south of Tiu Keng Wan (latitude 22' IS' 10" north. longitude 1140 15' 10" east) to the western extremity of Junk Island (Fat Tau Chau), thence a line drawn 090" to meet the mainland. 1974 Ed.l Merchant Shipping (Minor Fisheries) Regulations [CAP. 281 03 3. Deep Bay-The waters of the Colony within the area bounded on the west by a line drawn 165" from South West Point (latitude 22° 28' 30" north, longitude 113" 52' 50" east) to Black Point (Lan Kok Tsui). 4. Castle Peak-The area bounded on the south by a line drawn 097° from Pillar Point (Mong Hau Shek) to Brother's Point (Tai Lam Kok), 5. North Lantau-«The area bounded on the north by a line drawn 270 0 from the headland on the western side of Luk Keng Bay (latitude 22° 20' OY north. longitude 1140 01' 04" east) to the southern extremity of East Brother Island (Siu Mo To) thence a line drawn 248 0 to the southernmost extremity of West Brother Island (Tai Mo To) thence a line drawn 254° to the northern most extremity of-Chek Lap Kok Island and a line drawn 234 0 from the western most extremity of Chek Lap Kok Island (latitude 22" 18' 53" north, longitude 1140 55' 24" east) to the headland (latitude 22° 17' 42" north, longitude 113° 53' 45" east) ncar Sha Lo Wan. 6. North Lalltau-The area enclosed by a line drawn 224 0 from the head land (latitude 22° 20' 57" north, longitude 114° 02' 36" east) ncar Kwai Shek to a headland at latitude 22° 20' 16" north, longitude 114° 01' 54" cast. 7. East Lantau-«The area bounded on the east by a line drawn 1560 from a small unnamed island (25 feet) in latitude 22° 19' 54" north, longitude 114" 03' 24" cast to the north eastern extremity of Kau Yi Chau and thence from the south eastern extremity of Kau Yi Chau a line drawn 218° to the south eastern extremity of Hei Ling Chau, thence a line drawn 2440 to a headland at latitude 22~ 11' 55" north. longitude 114" OJ' 06" cast, Lantau Island. 8. South Lantau-The area bounded on the south by a line drawn 267 0 from a headland (latitude 22° 12' 50" north, longitude 113° 59' 06" cast) to the south east of Mong Fung Wan, to a headland at latitude 22° 12' 42" north, longitude 1130 55' 43" east, east of Lo Kei Wan. 9. South Lantau-«The area bounded on the south by a line drawn 2590 from a headland (latitude 22° 12' 30" north, longitude 113° 54' 37" east) to the west of Lo Kei Wan to a headland at latitude 22° II' 54" north, longitude 1l3° 51'00" east, east of Kau Ling Chung. 10. The Soko Islands and lf'est Lamma Channel-The area bounded on the west by a line drawn 204° from the northern extremity of Siu A Chau (latitude 22" 11' 23" north, longitude 113° 54' 13" east) to a small unnamed island (98 feet) in latitude 22° 10' 24" north, longitude 113° 51' 51" cast thence a line drawn! 80' to a position where this line intersects the Colony's southern boundary at latitude 22° 09' 00" north and longitude 1130 53' 47" east. 11. The Soko Islands and West Lamma Channel-The area bounded on the south by a line drawn 090° from position latitude 22° 09' 00" north, longitude 11)" 53' 4Y east, to a position latitude 22° 09' 00" north, longitude 114008' 51" east. 12. The Soko Islands and West Lamma Channel-i-Yue area bounded on the east by a line drawn 3600 from the aforementioned position to Yuen Kok, south eastern extremity of Lamma Island thence along the coast line from Yuen Kok to Wong Chuk Kok, thence by a line drawn 3110 from Wong Chuk Kok tll a position at latitude 22" 14' 23" north and longitude 114° 07' 12" east. 13. Tile Soko Islands and West Lamma Channel-The area bounded on the north by a line drawn 258° from the headland at latitude 22° 14' 34" north, longitude 114° 06' 56" east to the north eastern extremity of Cheung Chau Island (latitude 22" 13' 32" north, longitude 114Q 01' 57" east) and a line drawn 256 0 from the south western extremity of Cheung Chau Island (latitude 22° 11' 52" north, longitude 114" 01' 09" east) to the south western extremity of Shek Kwu Chau (latitude 22° II' 24" north, longitude 1130 59' 18" east) thence a line drawn 270" to the northern extremity of Siu A Chau, 14. Hong Kong Island (South)-An area bounded on the west by a line drawn 1300 from the headland at Waterfall Bay (latitude 22° 15' 12" north, longitude 114° 01' 48" east), thence to the south western extremity of Ap Lei Pal (latitude 22° 13' 50" north, longitude 114009' 33" cast), thence a line drawn 126" to Wong Ma Kok (Bluff Head) thence a line drawn 075 0 to Hok Tsui (Cape D'Aguilar). 15. Hong Kong Island tSouths--«The area bounded by a line drawn 037° from the easternmost extremity of Po Toi Island to the south eastern extremity of Sung Kong Island and by a line drawn 270° from the north eastern extremity of Sung Kong Island to the north eastern extremity of Lo Chau (Beaufort Island) and by a line drawn 1570 from the southern extremity of Lo Chau (Beau fort Island) to the southern extremity of Po Toi Island. [Subsidiary]