Fishing Industry (Special Fishery Conservation Area) Regulations, 2012

I• � 0 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: Citation. Interpreta­ tion. Special fishing conservation areas. Part I. First Schedule. Part II. Part I. Second Schedule. Part II. Part I. Third Schedule. Part II. 1. These Regulations may be cited as the Fishing Industry (Special Fishery Conservation Area) Regulations, 2012. 2. 3. In these Regulations "alien species" means a species, subspecies or lower taxon, introduced outside its natural distribution and includes any · part, gamete, seeds, eggs or propagules of that species which may survive and reproduce; "alien invasive species" means an alien species that threatens biological diversity; "special fishery conservation area" means the areas specified in regulation 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 se� out in Part II thereof and which shall be known as the Bluefields Bay Special Fishery Conservation Are<!:; ( 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 ... CJ Islands Lagoon Special Fishery Conservation Area; Part I. (d) in Part I of the Fourth Schedule, and delineated in the map Fourth Schedule. set out in Part II thereof and which shall be known as the Part II. Discovery Bay Special Fishery Conservation Area; Part I. Fifth (e) in Part I of the Fifth Schedule, and delineated in the map set Schedule. out in Part II thereof and which shall be known as the Part II. Galleon, St. Elizabeth Special Fishery Conservation Area; Part I. (f) in Part I of the Sixth Schedule, and delineated in the map set Sixth Schedule. out in Part II thereof and which shall be known as the Part II. Galleon Harbour Special Fishery Conservation Area; Part I. (g) in Part I of the Seventh Schedule, and delineated in the map Seventh Schedule. set out in Part II thereof and which shall be known as the Part II. Montego Bay Point Special Fishery Conservation Area; Part I. Eighth (h) in Part I of the Eighth Schedule, and delineated in the map Schedule. set out in Part II thereof and which shall be known as the Part II. Oracabessa Bay Special Fishery Conservation Area; Part I. (i) in Part I of the Ninth Schedule, and delineated in the map set Ninth Schedule. Part II. out in Part II thereof and which shall be known as the Orange Bay Special Fishery Conservation Area; Part I. Tenth G) in Part I of the Tenth Schedule, and delineated in the map set Schedule. out in Part II thereof and which shall be known as the Port Part II. Morant Harbour Lagoon Special Fishery Conservation Area; Part I. (k) in Part I of the Eleventh Schedule, and delineated in the map Eleventh Schedule. set out in Part II thereof and which shall be known as the Salt Part II. Harbour Special Fishery Conservation Area; Part I. (I) in Part I of the Twelfth Schedule, and delineated in the map Twelfth Schedule. set out in Part II thereof and which shall be known as the Part II. 2 ' •I : ,, , . . Part I. Thirteenth Schedule. Part II. Part I. Fourteenth Schedule. Part I. Fishing in special conservation areas. Directions. 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; and (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 licence issued by the Licensing Authority under the provisions of the Act; and (b) the provisions of the directions issued by the Minister under regulation 5. (2) Paragraph (1) does not apply to fishery inspectors 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 Minister 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 there<?f to which the direction relates; and (b) the terms and conditions for fishing in that area, including 3 ',• . (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 fis hed are not utilized in a manner inconsistent with the eradication of alien invasive species and the 4 conservation of indigenous fish populations in a special fishery conservation area. Offence to 6. - (1) No person shall knowingly introduce fish to, propagate fish (a) introduce any species into any special fishery conservation from special fishery area; or conservation area. (b) transport, purchase, receive, keep, rear, breed or propagate Revocation. Fifteenth Schedule. 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 offence 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. FIRST SCHEDULE PART I (Regulation 3) South West Cay Special Fishery Conservation Area Starting at Point A, a water-based mark, along the first elbow on deep edge at the Pedro Bank, at coordinates Nl6° 58.900' and W77° 47.279', the boundary shall proceed as follows (a) from Point A, the boundary runs in a straight line to Point B, a water-based mark at the 20-25 meter contour depth, and at coordinates NI 7° 00.730'and W77° 48.426'; (b) from Point B, the boundary continues to Point C, a water-based mark, at coordinates Nl 7° 00.136' and W77° 49.918' to include the Black Rock bottom habitats and at similar depth; ( c) · from, Point C, the boundary runs to Point D, a water-based mark, to include sections of Black Rock bottom habitat, at coordinates Nl6° 59.625' and W77° 49. 995'; ( d) from Point D, the boundary runs straight to Point E, a water­ based point at coordinates Nl6° 58.947' and W77° 49.469' similar habitat as above; 5 \ . 0 ( e) from Point E, the boundary runs to Point F, a water-based mark at the second elbow along the deep edge at Pedro Bank, at coordinates N16° 58.168' and W77° 47.283'; (f) from Point F, the boundary runs in a straight line back to Point A. PART II Map of South West Cay Special Fishery Conservation Area /INSERT MAP HERE] SECOND SCHEDULE PART I (Regulation 3) Bluefields Bay Special Fishery Conservation Area Starting at Point A, a land-based mark at Belmont Point with geogra­ phical coordinates 18 ° 09' 9.432" N and 78 ° 01' 58.449" W, and shall proceed (a) from Point A, the boundary shall run in a straight line to Point B, a water-based mark at geographical coordinates 18 ° 11' 28.147" N and 78 ° 03' 40.638" W; (b) from Point B, the boundary shall run in a straight line to Point C, a water-based mark at Paradise, with geographical coordinates 18 ° 12' 11.103" N and 78 ° 05' 12.93" W; ( c) from Point C, the boundary shall to Paradise Point , a land­ based mark geographical coordinates 18 ° 12' 20.724" N and 78 ° 05' 13.944" W; and ( d) from Point C, the boundary shall follow the contours of the coastline back to the starting point. 6 PART II Map of Bluefields Bay Special Fishery Conservation Area [INSERT MAP HERE) THIRD SCHEDULE PART I (Regulation 3) Bogue Islands Lagoon Special Fishery Conservation Area Starting at a point opposite the Montego Bay Freeport traffic roundabout and north along the mangrove-lined shoreline to the reclaimed area supporting the hotel complex, west along an imaginary line 1.6 kilometres long across the entrance to the Bogue Islands Lagoon to the shoreline by the Montego Bay to Lucea main road, southeast along the shoreline along the border of the lagoon to link up with the starting point. PART II Map of Bogue Islands Lagoon Special Fishery Conservation Area [INSERT MAP HERE] FOURTH SCHEDULE PART I (Regulation 3) Discovery Bay Special Fishery Conservation Area Starting at Point A, a land-based mark with geographical coordinates 18 ° 28' 11.448" N and 77 ° 24' 12.581" W, and then proceeding as '-' 0 follows (a) from Point A, the boundary shall run in a straight line to Point B, a water-based mark with geographical coordinates 18 ° 28' 10.961" N and 77 ° 24' 27.355" W; (b) from Point B, the boundary shall run across the shipping channel to an awash reef structure and shall continue along the northern edge of the reef in a westerly direction to Point C, a water-based mark with geographical coordinates 18 ° 28' 19.436" N and 77 ° 24' 54.294" W; ( c) from Point C, the boundary shall run to Point D, a land-based mark, with geographical coordinates 18 ° 28' 13 .088" N and 77 ° 24'57.340" W; and ( d) from Point D, the boundary shall follow the contours of the coastline back to the starting point. PART II Map of Discovery Bay Special Fishery Conservation Area [INSERT MAP HERE] FIFTH SCHEDULE PART I (Regulation 3) Galleon, St. Elizabeth Special Fishery Conservation Area Starting a Point A, a land-based mark at Deadman Hole, with geogra­ phical coordinates 18° 01' 35.957" N and 77 ° 52' 7.315" W, and then proceeding (a) from Point A, the boundary shall run in a straight line to Point B, a water-based mark with geographical coordinates 18 ° 01' 26.561" N and 77 ° 52' 4.079" W; (b) · from, Point B, the boundary shall run in a straight line to Point C, a land-based mark at the tip of the fringing mangrove forests, with geographical coordinates 18 ° 01 '58.053" N and 77 ° 54' 33.461" W; and ( c) from Point C, the boundary shall follow the contours of the coastline, to include Malcolm's Bay, Hodges Bay and Deadman Hole, back to Point A. 8 PART II Map of Galleon, St. Elizabeth Special Fishery Conservation Area [INSERT MAP HERE] SIXTH SCHEDULE PARTI (Regulation 3) Galleon Harbour Special Fishery Conservation Area Starting at Point A, a land-based mark at Carbarita Point with geographical coordinates 17 ° 50' 43.753" N and 77 ° 02' 21.231" W, and then proceeding as follows (a) from Point A, the boundary shall run through the mangrove wet land, following the north-western border of the reef to Point B, a water-based mark with geographical coordinates 1 7° 51 ' 23.348" N and 77 ° 00' 41.346" W; (b) from Point B, the boundary shall run along the northern contours of the coastline into Salt Island Creek to Point C, a water-based mark with geographical coordinates 17 ° 53' 55.178" and 77 ° 02'23.875" W; ( c) from Point C, the boundary shall cross over Salt Island Creek and shall continue along the northern edge of the mangrove forest to Point D, a water-based mark at the mouth of Callow Creek, with geographical coordinates 17° 54' 11.058" N and 77 0 03' 0.418" W; ( d) from Point D, the boundary shall run through Point E, a water­ based mark 17 ° 53 '30.913" N and 77 ° 03" 52.694" W to Point F, a land-based mark on Little Goat Island with geographical coordinates 17 ° 53' 20.726" N and 77 ° 04' 30.913" W; (e) from Point F, the boundary shall follow the contours of Little Goat Island along the north-eastern border to Point 0, a land­ based mark on the southern side of the Island, with geographical coordinates 17 ° 52' 59 .194" N and 77 ° 04' 30.913" W; 9 .. . 0 (f) from Point G, the boundary shall run straight in an easterly direction to Point H, a land-based mark on Great Goat Island, with geographical coordinates 17 ° 52' 08.223" N and 77 ° 03' 28.563" W; (g) from Point H, the boundary shall run along the north-eastern coastline on Great Goat Island to Point I, a land-based Point on Kerby Bend, with geographical coordinates 17 ° 51' 46.668" N and 77 ° 02' 57.436" W; and (h) from Point I, the boundary shall run across the Bogue Channel back to the starting point. PART II Map of Galleon Harbour Special Fishery Conservation Area [INSERT MAP HERE) SEVENTH SCHEDULE PARTI Montego Bay Point Special Fishery Conservation Area (Regulation 3) Starting, at Point A, a land-based mark at the southern tip of Aquasol Theme Park with geographical coordinates 18 ° 28' 45 .349" N and 77 ° 55'48.692" W, and then proceeding as follows (a) from Point A, the boundary shall run in a straight line to Point B, a water-based mark with geographical coordinates 18 ° 28' 46.383" N and 77 ° 55'58.384" W; (b) from Point B, the boundary shall continue to Point C, a water­ based mark, at coordinates 18 ° 29' 33.987" N and 77 ° 56'13.782" W; ( c) · from Point C, boundary shall run to Point D, a water-based mark, to include the Basket Reef system, with geographical coordinates 18 ° 30' 18.718" N and 77 ° 55'57.462" W; ( d) from Point D, the boundary shall run in a straight line to Point E, a water-based mark with geographical coordinates 18 ° 30'37.330" N and 77 ° 55'10.755" W; 10 0 (e) from Point E, the boundary shall run to Point F, a land-based mark adjacent to Tropical Beach's Jetty, with geographical coordinates 18 ° 30' 19.627" N and 77 ° 54'57.528" W; and (t) from Point F, the boundary shall follow the contours of the coastline back to the starting point. PART II Map of Montego Bay Point Special Fishery Conservation Area [INSERT MAP HERE} EIGHTH SCHEDULE PART I (Regulation 3) Oracabessa Bay Special Fishery Conservation Area Starting at Point A, a land-based mark known locally as Stick Rock with geographical coordinates 18 ° 24' 51.2" N and 76 ° 56' 23.3" W, the boundary shall proceed as follows (a) from Point A, the boundary shall run northerly in a straight line to Point B, a water-based mark with geographical coordinates 18 ° 24' 54.5" N and 76 ° 56' 25.9" W; (b) from Point B, the boundary shall run in a westerly direction through Point C, with geographical coordinates 18 ° 24' 54.2" N and 76 ° 56' 29.6" W; ( c) from Point C, the boundary runs through water-based marks at (i) Point D, with geographical coordinates 18 ° 24' 52.5" N and 76 ° 56' 33.4" W; (ii) Point E, with geographical coordinates 18 ° 24' 51.1" N and 76 ° 56' 37.8" W; (iii) Point F, with geographical coordinates 18 ° 24' 4 7.2" N and 76 ° 56' 48.7" W; (iv) Point G, with geographical coordinates 18 ° 24' 46.1" N and 76 ° 56' 51.3" W; 11 (v) Point H, with geographical coordinates 18 ° 24' 43.8" N and 76 ° 56' 54.6" W; (vi) Point I, with geographical coordinates 18 ° 24' 34.9" N and 76 ° 57' 02.4" W; (vii) Point J, with geographical coordinates 18 ° 24' 31.8" N and 76 ° 57' 06.1" W; (viii) Point K, with geographical coordinates 18 ° 24' 28.1" N and 76 ° 57' 09.6" W; (ix) Point L, with geographical coordinates 18 ° 24' 21.3" N and 76 ° 57' 16.4" W; (x) Point M, with geographical coordinates 18 ° 24' 15.5" N and 76 ° 57' 23.1" W; (d) from Point M, the boundary runs to Point N, a land-based mark at Lada Bay, with geographical coordinates 18 ° 24' 08.8" N and 76 ° 57' 30.6" W; and (e) from Point N, the boundary follows the contours of the coastline back to Point A. PARTII Map of Oracabessa Bay Special Fishery Conservation Area [INSERT MAP HERE} NINTH SCHEDULE PART I (Regulation 3) Orange Bay Special Fishery Conservation Area The boundary description shall begin at point A, a land-based mark at Little Bloody Bay with geographical coordinates 18 ° 21' 18.206" N and 78 ° 20' 32.636" W, and the proceeding as follows (a) from Point A, the boundary shall run to Point B, on Little Bloody Bay Cay, a land-based mark at coordinates 18 ° 21 ' 10.411" N and 78° 20' 31.500" W; (b) from Point B, the boundary shall run to Point C, a water-based 12 0 mark to include sections of the Gallery Reef system, with geographical coordinates 18° 21' 17.887" N and 78° 20' 58.822" W; ( c) from Point C, the boundary shall run to Point D, a water-based mark at Frenchmans Hole, West of Salt Creek, with geogra­ phical coordinates 18 ° 21' 58.643" N and 78 ° 20'34.523" W; ( d) from Point D, the boundary shall run through Point E, a water­ based mark with geographical coordinates 18° 23' 25 .266" N and 78° 18' 07.232" W; ( e) from Point E, the boundary shall continue to Point F, a land­ based mark at Rhodes Hall, with geographical coordinates 18° 23' 30.362" N and 78 ° 17' 58.945" W; and (t) from Point F, the boundary shall follow the contours of the coastline back to the starting point. PARTII Map of Orange Bay Special Fishery Conservation Area [INSERT MAP HERE] TENTH SCHEDULE PART I (Regulation 3) Port Morant Harbour Lagoon Special Fishery Conservation Area Starting at a point on the south-eastern end of the jetty in Port Morant Harbour, co-ordinates 359 125 N 785 350 E; thence due north to intersect the southern boundary of the Main Road leading from Port Morant to Golden Grove; thence generally north-easterly, easterly, north-easterly and again easterly along the southern boundary of the aforementioned Main Road to intersect the western boundary of the Main Road leading from Bowden Wharf; thence generally southerly, south-westerly, westerly and again south-westerly along the said Main Road leading to Bowden Wharf to a point thereon, one hundred and fifty feet south of the Trigonometric Station 20 N; thence north­ westerly in a straight line back to the starting point. 13 PART II Map of Port Morant Harbour Lagoon Special Fishe,y Conservation Area /INSERT MAP HERE] ELEVENTH SCHEDULE PART I (Regulation 3) Salt Harbour Special Fishery Conservation Area Starting at Point A, a land-based mark at the mouth of Bowers River with geographical coordinates 17° 53' I 0.3 58" N and 77° 08' 7 .976" W, and then proceeding as follows (a) from Point A, the boundary shall run to Point B, following the southern edge of the sand pit emanating from the Bowers River with geographical coordinates 17° 50' 57.896" N and 77° 08' 8.500" W; (b) from Point B, the boundary shall run to Point C, a water-based mark, following the contours of Long and Short Island Barrier Reef System, with geographical coordinates 17° 50' 37.254" N and 77° 08' 23.783" W; (c) from Point C, the boundary shall run to Point D, a land-based mark at the mouth of Salt River with geographical coordinates 17° 50' 4.298" N and 77° 09' 46.489" W; ( d) from Point D, the boundary shall run through Point E, a water­ based mark to include Burial Ground Point with geographical coordinates 17° 49' 52.071" N and 77° 09' 5.893" W; (e) from Point E, the boundary shall continue to Point F, a land­ based mark at the northern tip of the pier at the port of Rocky Point with geographical coordinates 17° 49' 10.239" N and 77° 08' 27.356" W; and (f) from Point F, the boundary shall follow the northern edge of the pier westwards, and then shall follow the margio between the mangrove coastline and the sea around Colon Bay, past Burial Ground and back through Point D, crossing over the Salt River then follow the coastline north-easterly back to the starting point. 14 \.... 0 PART II Map of Salt Harbour Special Fishery Conservation Area /INSERT MAP HERE] TWELFTH SCHEDULE PART I (Regulation 3) Sandals Boscobel Special Fishery Conservation Area Starting at Point A, a land-based mark with geographical coordinates 18 ° 24' 36" N and 76 ° 59' 35" W, the boundary shall proceed as follows (a) from Point A, the boundary runs to Point B, a water-based mark with geographical coordinates 18 ° 24' 44" N and 76 ° 59' 30" W; (b) from Point B, the boundary runs to Point C, a water-based mark with geographical coordinates 18 ° 24' 42" N and 76 ° 59' 21" W; ( c) from Point C, the boundary runs to Point D, a water-based mark with geographical coordinates 18 ° 24' 37" N and 76 ° 59' 06" W; ( d) from Point D, the boundary runs to Point E, a water-based mark with geographical coordinates 18 ° 24' 35" N and 76 ° 58' 48" W; ( e) from Point E, the boundary runs to Point F, a land-based mark with geographical coordinates 18 ° 24' 36" N and 76 ° 58' 27" W; (f) from Point F, the boundary runs to Point G, a water-based mark with geographical coordinates 18 ° 24' 31" N and 76 ° 57' 59" W; (g) from Point G, the boundary runs to Point H, a land-based mark with geographical coordinates 18 ° 24' 23" N and 76 � 58' 03" W;and (h) from Point H, the boundary follows the contours of the coastline, including the beach, back to Point A. 15 0 PART II Map of Sandals Boscobel Special Fishery Conservation Area [INSERT MAP HERE] THIRTEENTH SCHEDULE PART I (Regulation 3) Sandals Whitehouse Special Fishery Conservation Area Starting at point A, a land-based mark with geographical coordinates NI 8° 06. 739' and W78 ° 00.308', the boundary shall proceed as follows (a) from Point A, the boundary runs to Point B, a water-based mark at coordinates Nl8 ° 06.618' and W78 ° 00.423'; (b) from Point B, the boundary runs to Point C, a water-based mark at coordinates N19 ° 05.535' and W78 ° 58.828'; ( c) from Point C, the boundary then runs to Point D, a land-based mark at coordinates N19 05.712' and W78 ° 58.574'; and ( d) from Point D, the boundary follows the contours of the shoeline back to point A. PART II Map of Sandals Whitehouse Special Fishery Conservation Area [INSERT MAP HERE] 16 FOURTEENTH SCHEDULE PARTI (Regulation 3) Three Bays Special Fishery Conservation Area Starting at Point A, a land-based mark at Old House Point, Rock Bay with geographical coordinates 17 ° 50' 16.486" N and 76 ° 57' 21.562" W, and then proceeding as follows (a) from Point A, the boundary shall run in a straight line to Point B, a water-based mark, to include the Needles Reef system, with geographical coordinates 17 ° 49' 40.749" N and 76 ° 59' 18.604" W; (b) from Point B, the boundary shall run westwards to Point C, a land-based mark at Carbarita Point, with geographical coordinates 17 ° 50' 43.753" N and 77 ° 02' 21.237" W; and ( c) from Point C, the boundary shall follow the contours of the coastline to include Walker Bay, Coquar Bay and Manatee Bay, back to the starting point. PART II Map of Three Bays Special Fishery Conservation Area [INSERT MAP HERE] FIFTEENTH SCHEDULE (Regulation 8) Orders The Fishing Industry (Fish Sanctuaries) Order, 1979 The Fishing Industry (Declaration of a Fish Sanctuary) Order, 1986 The Fishing Industry (Bluefields Bay Fish Sanctuary) Order, 2009 The Fishing Industry (Discovery Bay Fish Sanctuary) Order, 2009 The Fishing Industry (Galleon Fish Sanctuary) Order, 2009 17 0 Dated this The Fishing Industry (Galleon Harbour Fish Sanctuary) Order, 2009 The Fishing Industry (Montego Bay Marine Park Fish Sanctuary) Order, 2009 The Fishing Industry (Orange Bay Fish Sanctuary) Order, 2009 The Fishing Industry (Salt Harbour Fish Sanctuary) Order, 2009 The Fishing Industry (Three Bays Fish Sanctuary) Order, 2009 The Fishing Industry (Oracabessa Bay Fish Sanctuary) Order, 2010 The Fishing Industry (Sandals Boscobel Fish Sanctuary) Order, 2010 15th day of 18 May , 2012. gIn�-).-1x . . l,, Minister o griculture and Fisheries