Fisheries Regulations 1987 (Cap. 82)

1991ED] FlSHERiES ACT [CAP 82 *This Notice has since been revoked and reenacted by SI. 29 of 1993. Fisheries Regulations (Llst March i987) PART 1 - PRELIMINARY 1. These Regulations may be cited as the Fisheries Regula- Citation. tions. 2. In these Regulations- Interpretation. 1991 ED) FISHERiES ACf [CAP 82 Cap. us. Exemption. Licence application and fees. Fishing Agreement. "licensing law" means the Licences Act or any other law for the time being regulating the grant of licences required under this ACL; "outer island" means an outer island as set out in Schedule 1 to the Constitution; "shell" means a marine mollusc, its hard outer covering or any part of a marine mollusc or its covering; "spear gun" means any device or instrument designed to propel any missile under water for the purpose of catching, injuring or killing any aquatic organism; "unworked" in relation to a sheIlor turtle sheIlmeans one thathas not been transformed into a decorative or utilitarian object by an industrial or craft process, and includes a shell or turtle shell that has only been cleaned, polished and varnished; PART II - FISHING VESSEL 3. A local fishing vessel not exceeding seven metres in overall length of any size but not mechanically propelled, is exempted from the requirement of a licence under section'} of the Act. 4. An application for a licence in respect of a fishing vessel under section 7 or section 9 of the Act shall be made in accordance with the licensing law and the regulations made thereunder. 5. The following clause shall form part ofevery fishing agree ment under section Ii of the Act except where the agreement expressly provides otherwise STANDARD REQUIREMENTS Every vessel licensed pursuant to this Agreement shall comply with the fulluwing requirements: (a) No fishing shall be conducted in the zones specified in the First Schedule; (b) All catches taken from the Seychelles waters shall be 2 1991 ED] FISHERIES ACT [CAP 82 landed or transhipped in Port Victoria except as otherwise authorised by SFA; (c) All supplies and services required forthe operation of the vessel shall be procured in Seychelles except if such supplies or services are not available locally; (d) The exact position of the vessel shall, whenever the vessel is in the Seychelles waters, be reported twice weekly to SFA directly by radio or telex. 6. A licence required for the purposes of section 7 of this Act shall be subject to the following conditions (a) the vessel shall only be used for such fishing and related activities, during such period, and in such places as are specified in the licence; (b) all provisions of this Act shall be complied with; (c) the licensee shall appoint an agent approved by SFA who shall be authorized to accept legal and financial responsibility and service of any notice summons or other document, on behalf of the licensee in relation to activities of the vessel; (d) the vessel shall maintain a logbook in which are recorded the nature, time and position of all fishing operations in the Seychelles waters, and the quantity of catch by species, including fish caught but not landed or retained on board; (e) reports of the information required to be recorded under paragraph (d) shallbe transmitted by the master of the vessel to SFA (i) on request of SFA during the term of the licence; and (ii) not later than 30 days after the expiry of the licence; (f) the master of the vessel shall cause its position to be 3 Conditions of a foreign fishing vessel licence 1991 ED) FlSHERlES ACf [CAP 82 reported by radio or other means of communication approved by SFA (i) upon entering or leaving Seychelles waters; (ii) every three days while in Seychelles waters; (iii) at all other times when i equested by SFA lu do so; (g) the master ofthe vessel shall, whenever requested by SFA or any other authorized officer, permit boarding and inspection ofthe vessel, produce for examination licences, logbooks and other documents required to be maintained, and all nets and other fishing gear and fish, and bring the vessel into port; (h) the vessel shall at all times while in Seychelles waters (i) fly the flag uf its flag state, and (ii) display so as to be clearly visible both from the sea and from the air, on both sides ofthe funnel or the superstructure, the licence number in white markings of at least 90 centimetres in height in the case of a vessel whose overall length exceeds 18 metres, or 45 centimetres in height in any other case, on a black back ground; (i) the master ofthe vessel shall permit observers desig nated by SFAto go and remain on board the vessel for any or all of the period ofvalidity of the licence and shall (i) provide the observers with suitable food and accommodation of their duties; and (ii) arrange for the observers to send and receive messages by way ofthe communications facili ties on board the vessel; 0) any records, reports or notifications required to be maintained or made under this regulation shall be maintained or made in Creole, English or French language 4 1991 ED] FISHERIES ACT [CAP 82 7. A licence required for the purposes of section 9 of the Act shall be subject to the following conditions (a) the conditions stated in regulation 6 other than para graphs (c), (d), (e), (f), (h) and (i); (b) the vessel shall display so as to be clearly visible both from the sea and from the air, on both sides of the funnel or the supestructure, the licence number in white markings of at least 90 centimetres in height in the case of a vessel whose overall length exceeds 18 metres, or 45 centimetres in height in any other case, on a black background; (c) all fish caught shall be landed or transhipped in Port Victoria unless otherwise provided by the licence or specifically approved by SFA. 8. An authorization under section j 7 ofthe Act shall be subject to the following conditions (a) no operations may take place until a research plan has been approved by the Minister or other person named by him; (b) copies of all data derived from the research and any analysis, report or other result ofthe research shall be communicated in full to SFA as soon as they are produced, whether or not they are available to any other person. 9. Any foreign fishing vessel that is not licensed in accordance with section 7 or is not authorized under section 17 of the Act shall keep its fishing gear stowed in the following manner: (a) in the case of purse seiners: (i) the boom shall be lowered; all nets and ropes shall be carried wholly in board and lashed to the deck or superstructure; all boats belonging to the purse seiner shall be carried wholly inboard; the helicopter shall be lashed down; 5 Conditions of a local fishing vessel licence. Authorization to conduct scientific research. Stowage. 1991 ED] FISHERIES ACT (b) in the case oflong-liners: all lines shall be stowed below deck; [CAP 82 Large nets. Marine shells. (c) in the case of trawlers: all nets, trawlboards and weights shall be dis connected from their towing or hauling wires, ropes or rigid frames and carried wholly in board either below deck or secured to the deck or superstructure; all gear shall be stowed below deck. PART m -LARGE NETS 10.(1) No person shall fish in the territorial waters with the use of a net or combination of nets exceeding 50 metres in length except pursuant to a valid licence granted under the licensing law or in accordance with section 7 or section 9 of the Act. (2) A net licensed in accordance with this regulation shall be marked by an authorized officer with a lead seal or other mark bearing the licence number of the net. (3) Any person who (a) removes or alters a mark made under sub-regulation (2); or (b) marks an unlicensed net in such a way as to make it appear to have been marked under sub-regulation (2). shall be guilty ofan offence and liable on conviction to a fine of R.5,OOO. 11.(1) Subject to sub-regulation (2), no person shall, in any place specified in the Second Schedule. (a) collect any shell from; or (b) distrub any shell or its natural environment on, a reef, a rock or the bed of a lagoon. 6 1991 ED] FISHERIES ACT ICAP 82 (2} Sub-regulation (1) shall not apply to any shell specified in the Third Schedule. (3) No person shall in any part ofSeychelles collect any triton conch shell (charonia tritonis) known locally as lancive or distrub such a shell or its natural environment. (4) No person shall purchase, sell, offer of expose for sale or export or attempt to export any triton conch shell (charonia tritonis), locally known as lancive. (5) No person shall purchase, sell or offer or expose for sale an unworked shell, except a shell specified in the Third Schedule. (6) No person shall export more than two kilogrammes of shells except pursuant to a permit granted by the SFA. (7) No person shall possess more than 20 kilogrammes of shells except pursuant to a permit granted by the SFA. (8) No person shall use any explosive for the purpose of blasting any coral or reefexcept pursuant to a permit granted by the SFA with the approval ofthe Commissioner of'Police. (9) The SFA may grant a permit authorizing the holder to export such quantity and description ofshells as are stated in the permit. (10) The SFA may in a permit granted under sub-regulation (7) authorize the holder to possess such quantity and description of shells as are stated in the permit. (11) The SFA may, ifit finds that such action is consistent with the preservation of the marine environment, grant a permit to blast any area ofreefor coral that is not within an area designated under section 4 of the National Parks and Nature Conservancy Cap. 141 Act. 12.(1) No person shall fish for, catch, kill, disturb or possess a Protection of female green turtle. green turtle. (2) No person shall fish for, catch, kill, sell or expose for sale 7 1991 ED) FISHERIES ACT [CAP 82 any male green turtle except pursuant to a valid permit granted by SFA. (3) Every permit granted under sub-regulation (2) shall, in addition to any other conditions which SFA may deem fit to impose, specify the number ofgreen turtles for which it is valid, and the manner of sale or other disposition of the meat. (4) The number of green turtles for which a permit may be granted in any year shall not exceed an aggregate number which shallbe determined by the Minister at the beginning of each year. (5) A permit under sub-regulation (2) shall, unless sooner suspended for revoked, be valid for such period not exceeding one year as may be specified in the permit. Protection uf 13.(1) No person shall fish for, catch, kill or disturb a female hawksbill turtle. hawksbill turtle. (2) No person shall fish for, catch, kill or disturb a male hawksbill turtle except pursuant to a permit granted by SFA. (3) Ifa hawksbill turtle is unintentionally wounded or caught it shallbe returned to the sea except that, ifit is dead or so severely injured as to render its recovery unlikely, it shall be delivered forthwith to the Minister or a person authorized by the Minister. (4) The holder of a permit under sub-regulation (2) may dispose of hawksbill turtles only in the form of shell sold to artisans in the business ofworking such shell. (5) Every deliveryofhawksbillturtle shell to an artisan shallbe accompanied by a certificate of the permit holder stating the quantity of shell delivered. (6) A permit holder under sub-regulation (2) shall maintain records ofall capture and acquisition of'hawksbill turtles and uf all dispositions of shell. (7) Nu persun shall possess unworked hawksbill turtle shell except pursuant to a permit granted under sub-regulation (2), provided that an artisan in the business ofworking such shell may 8 1991'ED] FISHERIES ACf ICAP82 possess unworked shells for the purpose of such business if accompanied by a certificate issued under sub-regulation (5). PART N - FISHERIES MANAGEMENT 14. No person shall use any demersal trawl net for fishing in Demersal Seychelles waters. trawling. 15.(1) The following shall be protected areas: Protected Area. (a) in the waters around Mahe the whole of the reef situated on the east coast of Mahe from North East Point and where such reefs extend less than one thousand meters from the high water mark such portion of the sea as is within one thousand meters of the high water mark; (b) in the waters around Praslin the whole ofthe reefs situated on the south east coast ofPraslin from an imaginary line drawn from «Roche Corbijeaux" to the nothernmost of North Cousin Island to Anse Marie Louise inclusive, and, where such reefs extend less than one thousand meters from the high water mark, such portion of the sea as is within one thousand metres from the high water mark; (c) in the waters around La Digue the whole ofthe reef situated on the west coast ofLa Digue tram the northern point of that island to its southermost point and, where such reefs extend less than one thousand metres from the high water mark such portion of the sea as is within one thousand metres ofthe high water mark. (2) No person shall fish in a protected area with any net which is operated by being dragged across the sea bed. 16. No person shall place any net in any reefpass or channel in Obstruction of such a way as to obstruct the passage offish. passes. 9 1991EDI FISHERIES ACf [CAP 82 Mesh size of traps. Spear guns. Protection of homard. S.I. 36/1989. 17. No person shall fish with or possess any easier or basket trap unless the meshes of the sides or surroundings parts of the trap (not including the entrance (lagel) are of such dimensions as to allow a sphere of of 40 millimeters in diameter to pass through such meshes without touching the sides thereof 18.(1) No person shall use any spear gun for fishing or be in possession of the spcar gun in circumstances which raise a reasonable inference that the spear gun has been used or is intended to be used for fishing in Seychelles. (2) No person shall sell or offer for sale any spear gun. 19.(1) Subject to this regulation, a person shall not (a) fish for, catch or kill homard in Seychelles waters, or (b) sell, purchase or be in possession of homard which has been fished from or caught in Seychelles waters. (2) A person shall not (a) fish for, catch, kill, <ell, purchase or he in possession of a homard in the berried state, or (b) remove the eggs from any homard in the berried star .. (3) The prohibition contained in subsection (1) shall not apply (a) in the case offishing for, catching, killing, selling or being in possession of'homard, to a person who holds a licence to fish for homard issued under the licensing law; (b) in the case of selling, purchasing or being in posses sion ofhomard by a person other than a person who holds a licence to fish for hornard, to, subject to the licensing law (i) the Seychelles Marketing Board; 10 1991 ED] FISHERIES ACT (ii) a person who has purchased the hornard from the Seychelles Marketing Board; or (iii) a person A. who has been authorised in writing by the Seychelles Marketing Board to purchase hornard from a person licensed to fish for, catch, kill or sell homard, and B. who has purchased the hornard from a person so licensed. [CAP 82 (4) Notwithstanding any other written law, a person who has a hornard in his custody or control shall be presumed. until he proves the contrary, that he has obtained, or is in possession of, the hornard contrary to this regulation. (5) A licence to fish for hornard shall, in addition to any other condition which may be imposed under or in accordance with the licensing law, be subject to the following conditions (a) the holder ofthe licence shall not fish for, catch or kill hornard in the Seychelles waters during the closed season; (b) the holder ofthe licence shall not at any time fish for, catch or kill hornard in a protected area; (c) the holder ofthe licence shall not fish for, catch or kill a hornard which is less than 7.5 em in length, mea sured from the eye socket along a line parallel to the centre line ofthe body shell (carapace) to the rear end of the body shell (carapace) of the homard; and (d) the holder ofthe licence shall not sell hornard caught by him in the Seychelles water to a person other than the Seychelles Marketing Board or a person who has been authorised by the Seychelles Marketing Board to purchase hornard from the holder of a licence to tish tor calib fish or sell hornard. (6) Subject to this Act, the Seychelles Marketing Board may II 1991 ED] FISHERIES ACf [CAP 82 11 em Cap. 218. Protection of female crustacean. Protection of certain crustacean. issue a written authorisation to a person for the purpose of subregulation (3)(b )(iii). (7) For the purposes of this regulation "closed season" means the period starting on the 1st May and ending on the 30th September of any year; "homard" means any crustacean of the family Palinuridae which is known locally as homard; "homard in the berried state" means a homard with ,eggs adherent; "protected area" means any place which is designated as a shell reserve in the Second Schedule; "Seychelles Marketing Board" means the Seychelles Mar keting Board established by the Seychelles Marketing Board Act. 20.(1) No person shall fish, for, catch, kill, purchase, sell or possess any female crustacean in the berried state, that is to say with eggs adherent and which belongs to the family scyllaridae, the genus macrobrachium or the genus scylla, known locally as crevice camaron and crab manglier respectively. (2) No person shall remove the eggs from any berried female crustacean. 21.(1) No person shall fish for, catch, kill, purchase, sell or possess any crustacean which is of less than the minimum dimension prescribed in sub-regulation (2) for that kind of crustacean. (2) The following dimensions are established for crustaceans (a) from the tip of the nostrum to the end of the tail (i) family scycllaridae (crevice) 20 em; (ii) genus macrobrachium (camaron) 9 em; (b) the width of the carapace (i) genus scylla (crabe manglier) 12 1991 ED] FISHERIES ACT rcAP 82 22. Except as otherwise provided by the Act or these Regula tions, any protected aquatic organism that is caught unintention ally shall be returned to the sea forthwith and with the least possible injury. 23. No person shall remove, damage, distrub or remove any fish or other aquatic organism from, any net, trap, line, fish aggregating device or other fishing gear found in Seychelles waters, except for the purpose ofrestoring lost gear to its rightful owner. *24.(1) The limits of every aquaculture concession shall be. . marked with buoys so as to be readily discernable from both the shore and sea. (2) No person shall fish in an aquaculture concession marked as required by sub-regulation (1) except pursuant to the authorisation of the grantee of the concession. Unintentional catches. Interference with gear. Aquaculture concession. 25.(1) An application for a permit under these Regulations Application fUI shall be made to the SFA in writing. permits. (2) On making an application under sub-regulation (I), the applicant shall furnish to the SFA such particulars and informa tion as the SF A may require (3) Any permit issued under these Regulations may be subject to such conditions, limitations and restrictions asmay be specified in the permit. 26. A person who contravenes any of these Regulations is Offences. guilty of an offence and is liable, where no penalties is provided fVI the offence, to a fine vfR.10,OOO. xegutanon 24 has since been amended by SI. :54 of 1993 13 1991 ED] Reg.5(a) FISHERIES ACT FIRST SCHEDULE [CAP 82 Zones where Fishing by Foreign Vessels is prohibited Zone 1: Comprisingan area around Mahe Island and Seychelles Bank with the boundary running as follows: From Point 1 (Latitude 5° 22.0'S and Longtitude 57° 23.U'E) to Point 2 (Latitude 3° 40.0'S and Longtitude 56° 06.9'E) to Point 3 (Latitude 3° 30.0'S and Longtitude 55° 11.0'E) to Point 4 (Latitude 3° 55.0'S and Longtitude 54° 23.0'E) to Point 5 (Latitude 4° 44.0'S and Longtitude 56° 08.0'E) to point 6 (Lati tude 5° 38.0'S and Longtitude 56n OS.O'E) to point 7 (Latitude 6° 34.04'S and Longtitude 56° 02.0'E) to Point 8 (Latitude 6° 34.0'S and Longtitude 56° 23.0'E) and back to Point 1, the Point of commence ment. Zone 2: Comprising an area around Platte Island with the boundary running as follows From Point 1 (Latitude 6" U6.3'S and Longtitude 55° 35.6'E) to Point 2 (Latitude 5° 39.0'S and Longtitude 55° 35.6'E) to Point 3 (Latitude 5° 39.0'S and Longtitude 55° 10.0'E) to Point 4 (Latitude 6° 06.3'S and Longtitude 55° 1O.0'E) and back to Point 1, the point of commencement. Zone 3: Comprising an area around Coetivy Island with the boundary running as follows: From Point 1 (Latitude 7° 23.0'S and Longtitude 56° 25.0'E) to Point 2 (Latitude 6° 53.0'S and Longtitude 56° 35.0'E) to Point 3 (Latitude 6° 53.0'S and Longtitude 56° 06.0'E) to Point 4. (Latitude 7° 23.0'S and Longtitude 55° 56.0'E) and back to Point 1, the point of commencement. Zone 4: Comprising an area around the Fortune Bank with the boundary running as follows: From Point 1 (Latitude 7" 35.0'3 and Longtitude 57° 14 1991 ED) FISHERIES ACT [CAP 82 13.0'£) to Point 2 (Latitude 7° OI.O'S and Longtitude 56° 56.0'£) to Point 3 (Latitude 7° 01.0'S and Longtitude 56° 45.0'£)to Point 4 (Latitude 7° 16.0'5 and Longtitude 56° 40.0'£) to Point 5 (Latitude 7° 35.0'8 and Lungtitude 56° 49.0'E) and back. to Point 1, the point commencement. Zone 5: Comprising an area around the Amirantes Islands, with the boundary running as follows: From Point 1 (Latitude 5° 450'S and Longtitude 53° 55.0'£) to Point 2 (Latitude 4° 41.0'5 and Longtitude 53° 35.6'£) to Point 3 (Latitude 4° 41.0'S and Longtitude 53° 13.0'E) to Point 4 (Latitude 6° 09.0's and Longtitude 52° 36.0'£) to Point 5 (Latitude 6° 33.0'5 and Longtitude 53° 06.0'E) and back to Point 1, the point of commencement. Zone 6: Comprising an area around Alphonse Island with the boundary running as follows: From Point 1 (Latitude 7° 21.5'S and Longtitude 52° 56.5'£) to Point2 (Latitude 6° 48.0'5 and Longtitude 52° 56.5'£) to Point 3 (Latitude 6° 48.0'5 and Longi tude 52° 32.0'E) to Point 4 (Latitude 7° 21.5'S and Longitude 52° 32.0'£) and back to Point 1, the point of commencement. Zone 7: Comprising an area around the islands ofProvidence, Farquhar and St. Pierre and Wizard Reef with bound ary as follows: From Point 1 (Latitude 10° 20.0'5 and Longtitude 51c 29.0'E) to Point 2 (Latitude go 39.0'S and Longtitude 51° 12.0'E) to Point 3 (Latitude 9° 04.0'S and Longtitude 50° 28.0'£)to Point 4 (Latitude 10° 30:5 and Longtitude 50° 46.0'E and back to Point I, the pointofcommencement. Zone 8: Comprising an area around Cosmoledo and Astove Islands with the boundary running as follows: From Point 1 (Latitude 10° 18.0'5 and Longtitude 48° 15 1991 ED] FISHERIES ACT [CAP 82 02.0'E) to Point 2 (Latitude 9° 34.0'S and Longtitude 470 49.0'E) to Point 3 (Latitude 9° 23.0'S and Longtitude47° 34.0'E) to Point 4 (Latitude 90 39.0'S and Longtitude 47° 14.0'E) to Point 5 (Latitide 100 18.0'S and Longtitude 47° 36.0'E) and back to Point 1, the point of commencement. Zone 9: Comprising an area around Aldabra and Assomption Islands, with the boundary running as follows: From Point 1 (Latitude 9° 54.0'S and Longtitude 46° 44.0 'E) to Point 2 (Latitude 9° 10.0'Sand Longtitude 46° 44.0'E) to Point 3 (Latitude 9° 10.0'S and Longtitude46° 01.0'E) to Point 4 (Latitude 9° 59.0'S and Longtitude 46° 01.0'E) and back to Point 1, the point of commencement. The area ofthe zones described in this Schedule are shown in red lines on charts ML/ADN173B deposited in the office of the Director of Surveys. Reg.ll(l)SECOND SCHElll IT ~E SHELL RESERVES A. On the East Cost ofMahe 1. North East Point and Anse Nord d'Est: The area lying within 400 metres seaward from the low-water mark between North East Point and the Western end of Carana Beadr. 2. South East Island to Pointe au Sel: The areas lying within 400 metres seaward from the low-water mark between the northest comer ofSouth East Island and Anse Faure and the area lying between the low-water mark and the edge of the reef between Anse Faure and Pointe au SeI. B. On the North Coast ofLa Digue La Passe by Pointe Cap Barbi to Cap Bayard River: Thearealying within 400metres from thelow-water mark 16 1991 ED] FISHERIES ACT [CAP 82 between the jetty at La Passe and the mouth ofCap Bayard River. C. On the North Coast ofPraslin. Pointe Zanguilles to Anse Boudin: The area lying within 400 metres seaward from the low-water mark between the lighthouse at Pointe Zanguilles and a point 270 metres beyond the mouth ofMan Desir River. Reg. 11(2) THIRD SCHEDULE SHELLS Bernique Bigomeau Burgo! Chicoret Hache d' Ames Huitre (edible) Huitre (mother of pearl) Mouque Octopus Palourde Squid Tec Tec 17