High Seas Fishing Act

No. of 1995 VIRGIN ISLANDS HIGH SEAS FISHING ACT, 1995 ARRANGEMENT OF SECTIONS 1, Short title and corrroencement. I ntcrpl:otnti on, PART I ADMINISTRATION 3. The Chief Conservation and Fisheries Officer and authorised officers. t'ART II LICENSING OF FISHING ON THE HIGH SEAS 1!. Prohibition of fishin<:i on the hioh sea:,, without a licence, 5. Ves1els eligible for l1igh seas fishing licences. 6, Period of validity of high seas fishing licences. PART lI I INTERNATIONAL COOPERATION 9, High seas fishing information. 10. Exchange of information with other States. PART IV ENFORCEMENT 11, General powers at sea of authorised officers, 12, Security for release c,f a fishing vassel, 13. Disposal of seized fish and other perishables, 14. Disposal of persons arrested, ves15els and other things detained or seized. PART V PROHIBXTJONS AND OFFENCES 15, Prohibition of activities that undermine the effectiveness of intern..itional con::serve.tion and management rr,easures. 16, Obstruction of authorised officers, false information and alteration of licences. 17. Othol:" ,:,ffonooc, pcno.ltioc qnd proccodin9::i. PART vr CCIURT PROCEEDINGS, PtNI\LTIES AND COMPOUNDING OF OFFENCES 18, Jurisdiction of the court. 19. Forfeiture of licence end disqualification. 20, Administrative penalty, 21.. Detention or forfeiture of fishihg vessel on failure to pay or secure fine, 22. Regulations, PART VII 1\EGULJiTIONS No. of 1995 High Seas Fishing Act, 1995 Virgin Islands I Assent Short title and Commencement. Interpretation. VIRGIN ISLANDS NO. OF 1995 A Bill for' GeivArnor , 1995 An Act to make provi$ions for the implementation of the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas adopted by the <.:onferenoe of the Food and Agriculture Organisation of the United Nations on the twenty fourth day of November, 1993 and the Agreement for the implomlilhtation of the provisi0r1<, of Thn TTn1-t;-.,,r1 Nations convention on the Law of the Sea of 10th December, 1982 relating to the Conservation of Straddling Fish Stocks and Highly Migratory Fish Stocks and other matters connected therewith. [Gazetted 1995) ENJ\OTE:D by tho Logiol.:::itu.ro of tho Virgin lslands as follows: PRELIMINARY 1. '.this Act may be cited as the High Seas Fishing Aot, 1995 and shall come into force on such date as the Governor in Counc:l may bi~ Notice Published in the Ga.z..e.:ti;& , l::lt-'pOint, In this Act, unless the context otherwise requires, "Agreement'' means the Agreement to Promote Compliance with International conservation and Management Measures by Fishing Vessels on the High Seas adopted Ly tl,c, Cvufui.c,m.:~ uf tl1t1 Fu...,J e1,nJ Agriculture Organisation on the twenty fourth day of November 1 1993 and the Agreement for the implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10th December, 1982 relatihg to the Conservation of Straddling Fish Stocks and Highly Migratory Fish Stocks; "authorised officer" means the Chief Conse:rvation and fisheries Officer and any of the authorised officers provided for under section 3 or any per~nn authorised by or acting under the orders of the Chief Conservation and Fisheries Officer):'; 2 "Chief Conservation and Fisheries means t:he publlu ul[lu1-31 luL being holding or acting in such any person to whom ha may funotione under 5ection 3 (2); Officer" Llit:t t..lmtt office or delegate "exclusive fishing zone" means the territorial waters of the Virgin Islands together with the zone contiguo~s to the territorial watars which was proclaimed as a r1she!:'ies zone for Lhti Vlr:gln Islands by proclamation made by the Governor on the 9th day of March, 1977, and any other marine waters to which any ~~~0+~8n+ ~pp11A~ 11fish" inciludee: any living marine reeource; ' 1fisbing" means the catching or taking of fi::ih, or any other activit:y which can reasonably be e~PeGted to result in the catching or taking of fiah or which is directly related to t'ishing, includiriq thg oporation of rnoth~r ships; ''fishing vessel" moans ar,y ve:rnel used or intended for use for the purposes of the commercial exploitation ' of fish, 1nc1ud1ng mother stn.ps and any other vesssls directly engaged in fishing operations; 11 :foroiqn £:iohing vo.c:uol 11 rnoono e. ficihiri.g V(H'.laol other than a Virgin I.slcind.s fishing vessel; "high seas'r means the marine wateri:, beyond the territorial sea, archipelagic waters, fisheries zone or exclusive economic zone of any State; · "b;i,:,;h ;!!OlUI .f.L:1hing lic;encc" me!'lnM o fi::chii-,.;· licence granted pursua~t to section 7 and the othor provisions of this Act; 11 international conservation and management rue~svres 11 means measures to conserve or manage one or more species of living marine resources that are adopted and applied in accordance with the r~levant rule5 of iuterm:1.Lloual law i:15 ri:,J:l1::1cL~tl in the 1982 United Nations Convention on the Law of the Sea either by global, regional or subregional fisheries orqanisations, sub1ect to the rights and ¢bligations of their members, or by treaties or other international agreements; "licensed fishing vessel" means a .t ll3.hing vessel in respect of which a licence has bean granted puvsuant to section 7; 11wast.or11 , in relation to a fiahing veeeel, includes the persoh for the time being in command or in charge of the fiahing operations on board the vassal; and 3 "Virgin Islands fishing vessel" means a fiahin;t vessel that is registered under the Act No, of 1995 Fisheries Act, 1995, Duties of Chief Conservation and Fisheries Officer. P/\P.T I ADMINISTRATION 3, ( 1) In the performance of his functions under this Act, the Chief Conservation and Fisheries Officer shall be responsible for (a) maintaining a record of all fi::.hing vocsola ir'l 1·ocpoot of which high sea.s fishing licences have been issued under this Act, which record shall include all information provided by an applicant under section 6; (b) the collection of statistics con.corning fioh ::; tock::; .::1nd fishing on the high seas; (c) the monitoring, control and surveillance of the operations of Virgin Isl~nds fishing vessels on the high seas; (d) the issue, variation, suspension <J.rn.l .1,,:,vocation of liconoe:::i for fishing on the high seas; le I the collection respect of high vessel licences; of fees in seas fishing (f) the taking of appropriate measures in cooperation with other Sta-ces tor 'the implementation of the Agreement; (g} thlol making of i:n .. 1ch :rwpo:rts. to the Minister as the latter may require or the Chief Conservation and Fisheries Officer shall consider appropriate; (h l the taking of all such other measures as the Minister may di..rGot or the Chi of Conservation and Fisheries Officer may, consider appropriate for the implementation of the Agreement and this Act, (2) The Minister may give or may authorise the Chief Conservation and Fisheries Offioor to 'vivo ouch informc.tion and mako ouch reports as may be necessary to enable the Virgin Islands to comply with their obligations under the Agree~ents or either of them, l1ct No. of 1995 4 {3) Subject to subsection (4), the Chief Conservation and Fisheries Officer may, and if directed by the Minister shall, in writing authorise any public officer to exercise any or all of the .powers of the Chief Conservation ond Fiahorios Offioor eithor oonourrently with him or in his absence subject to such conditions, including territorial restrictions, as may be :;;tipulated in the authorisation. (4) The Chief Conservation and Fisheries Officer shall personally exercise the powers provided for under section 21, but may not o~coroioo thooo poworo in any oaoo without tr.o consent of the Attorney General. (5) This Act shall be enforced by authorised officers acting subject to the direction of the Chief Conservation and Fisheries Officer and for that purpose authorised officers shall have the powers set out in sec~ions 12 and 13. ( 6) 'l'he following persons shall be authorised officers: ra) th0 fishsries officers appointed pursuant to Fisheries Act, 1995; the (b) the members of the Royal Virgin Islands Police Force; (cl the persons in command or in charge of any vessel, aircraft or h◊VQrcr•ft of Hwr M•Jg~ty'~ Armed Services or of the Government of the Virgin hland::;: and Id) such other public officers as the Minister may prescribe, PART I! LICENSING 0~ FlSHING ON THE HIGH SEAS Prohibition of fi.shing on the high seas without a licence. Vessels eligible for high seas fishing licences. 4. ( 1) No Virgin Islands fishing vessel shall be used for fishing on the high seas except under the authority of a high seas fishing licence. ( 2) Where a fishing ves$el is used in contravention of :s\.lb::;e,ction ( l) the mal:iter, owner and cha1·terer of such vessel each commits an offence and is liable on conviction to a fine not exceeding five thousand dollars. 5. ( 1) Subject to subsection ( 2), a Virgin Islands fi~hing vessel is eligible for a high seas fishi~g licence, except where the vassal has been acthorised to be used for fishing on l.l1u 11.iyli ~t:ti::l~ by tuwLhur 5tate and that .State has (al suspended such authorisation and tho suspension has not expired, or Applic:eitions and fees. 5 (bl withdrawn such authorisation within the three ytlars preoeclinq the application, because the fishing vessel has undermined the g£factiv•no1H1 of int.orn.:i.tional. CQl'l.1H11~•.'i1'tic-n and management measures, ( 2) subsection where The exceptions con:.ained in ( 1) shall not apply to a vessel (a) ownen1hip of that vessel has • changed since th~ suspension or w.ithdrowill.l of a'-lthoric.ation ;:i.nd the hew owner has provided evidence, to the satisfaction of the Chief Conservation and Fisheries Officer, that the previous owner, charterer or operator has no further legal, beneficial or financial interest in, or control of 1 the vo.i::;.:::cl; or (b) the Chief Conservation and Fisheries Offi~er has decided, after taking into account all relevant tacts 1 that the grant of a fishing licence in respect of the vessel will not unde:nnine the object and p~rpooo 0£ tho A9roomont, 6, ( 1) An applicatioh for the grant of a high seas fishing licence shall be (a) made in the manner prescribed by the Minister; (b) accompanied by the information Ltlyuli.tH.1 UlJJ.lti,:. :suL>!5tH.;Lluu ( 2) and such other information and documents as the Minister may presoribo; and (c) accompanied by the prescribed application fee, (2) An application for a high seas fi:)hing lioonco :i:iho.ll 1,-..,10.to to ct t>peo.ifiw vessel a~d shall be accompanied by the following information in relation to the vessel: (a) the name of the fishing ve:sselj (b) tha registration number, if any; (cl the previous names, if known; rd) the port of registry; (Al 't'hR prAvir·n1c; fll'lry, if ;;;i.ny: (fl tha international radio call sign, if any; (g) 'the names and adctrasse.:S ot the owners and operator; Grant of high seas fishinq licences and conditions relat'ing to licences. 6 (hl where and when built; ( i) the type of vessel; ( j l the length of the vessel; \kl the type of fishing method U5ed; (1) the moulded depth; (m) the beam; (n) the gross register tonnage, ·where available; and (o) the power cf the main engines, 7. ( 1 l A high seas fishing licence shall be oranted by the Chief Conservation and Fisheries Officer to the master, owner or charterer in respect of a specified fishing vessel, (2) Subject to any directions given to him by the Min 1st.er, t.he issue of each high seas fishing licence shall be in the discretion of the Chief Conservation and Fisheries Officer. ( 3) The Chief Conservation and Fisheries Officer shall not grant e. high seas fishing licence in respect of a fishing vessel unless he is satisfied that the 'Jirgin Islands will be able to exercise efi'ectively its responsibilities under the Agreements in respect of that vessel. ( 4) authorise generally reference A high soas fishing a vessel to be sued or may confer limited in particular to liconoo moy for fishing authority by (a) the area in which :fishing is authorised; (bl the period, times or particular voye.go.s during whid:i fh,bluy l::, authorised; ( c) the descriptions, quantities, size and presentation of fb,;h which may be taken; or (d) the method of fishing. (5) A high seas fishing licence shall be subject to the following conditions: (a) the licensed fishing vessel sh,1;1.ll be m.:irk1a1d in aoo-:.rda.noe with the Food and Agriculture Organisation Standard Specifications for the Marking and Identification of :Fi5hing vessels; (b) the records of fishing operation::. shall be kept on hnnr~ the liconsod £iQhin9 vessel and such returns shall be submitted to the Chief Period of validity of high soas fishing licences. 7 Conservation and Fisheries Officer concerning areas of fishin9 1 catchea and landings of fish and such other matters as are stipulated in the liconco or ac ch'all bo notifiod by the Chief Conservation and Fisheries Officer to the person to whom the licence is granted; and (cl the licensed fishing vessel shall not engage in activities ~hich undermine the cffoctivcne.!I:, of interne:itiono.l consBrvation and management measures and in particular such activities as may be prescribed in the licence. ( 6) ]l. high seas fishing licence sh.s.11 authorise fishing subject to such further conditions as may appear to the Chief Cum,tt.t v<:1.Liu11 and Fi5herie:, 0:ffi!.;;o:c to be. necessary or expedi~nt for the conservation or management of speoies of living marine r:s$ouroes in the high sea5 and as may be specified bv him in writing. (7 l If a condition in a licence refe:rred to in subsection (4) or {5) is breached, the master, owner and charterer of the fishing vessel concerned in such breach each commit~ an offence and is liable on conviction to a fine not exceeding five thousand dollars. (8) 11 }d.']h SQJUI fishinQ 1i')onco ma,;y bl/! (a) varied from time t.o time, or (bl revoked or suspended 1 if this appears to the Chief Conset"vation and Fisheries Officer to be necessary or expedient for the conservation or management of living marino rocourooe in tho high 2aae. ( 9) If a high seas fishing licence is varied, revoked or suspended the Chief Conservation and Fisheries Officer may, if be considers it appropriate taking ihto accou~t the circi.i.mstances of the case, refund tt.e whole or any part of the fee charged for tl:e licence. 8. ( 1) Subject to subsection ( 2) , the period of validity of a high seas fishing licence shall be twelve months or such other period as may be specified in the licence and it may be renewed upon payment of the prescribed fee, ( 2) A high seas fishing licence shall cease to be valid if the vessel in respect of which it wa3 i~~u~d coo~e~ to be ontitlod to fly the flag of the Virgin !slands. High seas fL;hing information, Excha11ge of information with other Stetes. General powera at sea of authorised officers, 8 PART I: II INTERNATIONAL COOPERATION 9. The- Chief Conservation and Fisheries Officer moy roquiro a.ny fishorman or f,orson. owning or working 011 a Virgin Islands fishing vessel that is used for fishing on the high seas, to provide him with information or rnaka returns in such form and at such periods as he may decide concerning areas ot· fishing, catches and landings of fish and such other matters :telating to fishing operations with which suol-. person is connected as may be !ltot,:,d in ony ::,uch rcquircmont, 10. ( 1 i The Chief Conservation and Fisheries Officer, if so authorised by the Minister, may make such arrangements as may be appropriate to enable him to exchange information, including evidentiary material, with other countries that are parties to the Agreements or either of them o.r to which the Agreement.s have or olthl":'.i.- of them hai, boen c.pplied to eno.bl,:, the Virgin Islends and such other countries better to implement the objects of the Agreements or either of them. ( 2 I vii thout derogating from the generality of arrangements made unde:r subsection ( 1) , the Chief Conservation and Fisheries Officer in particular rnay, where he has reason to belle.we that <:1 for~.l.gn t.l..shinq vessel has engaged in activities that undermine international conse:rvation and management mea5ures, (a) provide to the appropriate authorities of the flag State of the foreign fishing vessel ooncerned suoh information, including ev.1.dentiary material, relating to those activities, as may be necessary to assist the flag State in identifying thg .,.8Gi.1Cill J Qnd (b) when such foreign fishing vessel if voluntarily in a port of the Virgin Islands promptly notify the appropriate'authorities of the flag State of the vessel accordingly. P/IRT IV ENFORCEMENT 11, ( 1 l For the purpose of enforcing thi:"I Act with respect to any Virgin Islands fishing, vesael on the high seas and in the exclusive fishing zone, an authorised officer may (b) require the master to stop fishing nnd take tha fishing gear of the veasel back on board: 9 ( c) require the master to facilitate tho boarding of tho vo~ool by all appropriQte means; ( d l go on hoe.rd the vessel, and take with him such other persons as he may require to assist him in the exercise of his powers: (e) require the master or crew to prod1,,100, s0l'H.l ho ma'.,' o),an,ine and take, copie$ of any certificate of registry, licence, official log book, official paper, article of ag~eement, record of fish caught and any other document relating to the vessel and to the crew or any member thereof or to any person on board tho vo:::i:::iol whioh ic in their respective possession or control on board the vessel; (f) muster the crew of th~ vessel; ( g) require the master to appear and give any explanation concerning the vessel and any crew or poroon on boord tho vo~ool ond any docurner,t mentioned in paragraph ( e); (h) make anv search, examination or enquiry which he shall consider necessary to find out whether any provision of this Act has been contravened; ( i) take or require the master to take the vessel to any place, port or harbour in the Virgin T,;lA.11.:1.<'i for t.hA puLpose of t:hA carrying out of any search, examination or enquiry; ( j) in the case of any person who appears to him to have committed an offence under this Act arrest 1 without summons, warrant or other process 1 such suspoct~d of.fondQr and taka or require the master of the vessel to take the vessel in respect of ~hich it appeared to the authorised officer that there ha5 been an offence, t6gather with the crew thereof to a port of harbour in the Virgin Islands and brihg such po::ir.!lon or pc,i;:,o1'i;:s before o. competent court and detain him or them and the vessel in the Virgin Islands until the alleged offence ha5 been adjudicated upon: (k) having rega:rd to the safety of the vessel, take steps to immobiliao o.ny fi:,hing ve.:5:,c,l aeized, taken or detained in Security for release of a fi.s}iing vessel. 10 accordance with this section tor the purpose or preventing the vessel being taken by any person prior to the release of the vessel under section 12 or 1.3 r,r hy +hA ~{)llY-t' ; (1) in the case of an offence under ~ection 4, seiie any vessel together with its equipment, stores and cargo which ho believes have been used in the oommi.s.sion of suoh offence or ·in rezpeot of which he believes "oluch off P"lr!A hR» heen committed; {ml $eize any fishing gear, instruments or appliances which he believes have been useO in the corrurtission of an offence under this Act; (n) seizo any fish which he hF,lievR<:; have been taken or fish products produced in the cornrnission of an offence under this Aot: ( o l seize or take copies of any documents which he believes are relevant to any offence cornmittod ur,dor this 11.ot. ( 2 l In exercising the powers referred to in subsection (1), an authorised officer may use such force as may be reasonably necessary. 12. ( 1) Where a fishing vessel is taken, seized or detained under this Act and a charge is laid against the master, owner or charterer of th~ ve5st,l .Ln n:i~i-,tn;L ur Llu.i u!fi.:11.ue lu.i. which the vessel has been taken, eeized or detained, the master, owner or charterer or the agent of the owner or charterer of the uA!'l.<;A 1 m}'ly, Rt'. any time beforA the determination of the charge, apply to the court by which the charge is due to be determined for the release of the vessel on the provision of security in accordance with th1s section, (2) On hearing an application under subsection (1) the court shall, (a) upon being se.tisfied that reasonable seouri ty has been given to the Crown in respect of the aggregate of the rnaximum penalty to whioh the defendant rnay be liable and the coats and expenses that the Crown may recover 1.mder section 19, order tho roloeu,e of tho :fic1hin9 vessel; or (b) order the release of the fishing vessel on the execution by any suitable person or per5ons approved by the court for the Disposal of .se1:rnc1 tish and other perishables. 11 purpose of a reasonable bond in !uvvu.1. v! tho Crown in tho prescribed form and condition in accordance with s:ubseotion (4} in an a.mount not less than the aggregate of the maximum penalty to which the defendant may be liable and the costs and expenses that the Government may recover under section 19. (3) Notwithstanding subsection (2), the court may, where it is satisfied thnt there are special circumstances to justify it doinq ~n, nrdHr that the bond shall be in a specified amount that is less than the amount required by that 15ubsection, (4) The condition of the bond shall be that if (a) the defendant is found not guilty of the offence charged, er (b) the defendant, on being convicted of the offence 1 pays in full within fourteen days atter he 1s convicted tho amount of the fine imposed by the court and the amount of all costs and expenses due by him to th~ Cr,:,wn unaer ':'<l?t'r, l"lh 1 Cl, then the bond shall be of no effect but that otherwise the bond shall remain in full force and effect, ( 5) The amount specified in the bond shall be recoverable in full in any court of competent jurisdiction as a debt due to the Crown jointly 0.11d ;'.'.lOVorolly by tho par.eon or persons by whom the bond is given, unless the person or persons prove the due performance of the condition for which the bond was made. (6) In this section 11 fiahing vessel 11 includes all (al equipment on board or used by the ve,:,:101, and (b) fish that have baen seized from the vessel uhder this Act and are detained on board the vessel in the cuetody of the Crown. 13. ( 1 l Where any fish or other things of a perishable nature art:1 st:1l~t:Hl umli.,.t.· :;$t;;H.:L.lu11 11, the Chief Conservation and Fisheries Officer may, notwithstanding any other provision of this Act, (a) return the fish or other thing to the parBon from whom it was seized on receiving security that is, in the opinion of the Chi et Conservation and Fisheries Officer, adequate for Disposal o:f persons arrested, ve!.!l.!lel:i i::'1.nd other things detained or seized, 12 the equivaleut value of tho tish or thing by way of bond or other stipulation conditioned for payment of such equivalent value in the event that such .::imr.1m+!'I. !<'hAl l hA 1H1.:inr1,:,Ac1 hy the court to be forfeited to the Crown; or (b) cause the sale of the fish or other thing at its reasonable market value and if court proceedings are instituted, pay the proceeds of sale into court r,onding a.:n. ordor by tho oou:r:t. in respect of the forfeiture or otherwise of the proceeds or if no proceedings are instituted, release tho proceeds to the person trom whom the fish or thing was seized. (2) Where fish has been seized in i;iooordan.ao with saotion 11, it may bo released or destroyed at the discretion of the authorised officer seizing it if he considers such act desirable in order to prevent undue suffering, or for other good and sufficient reason. 14. (1) Any person arrested and, subject to section 13, any vessel, article or thing orre:,ted 1 clotah1ed or :so:iz.od :,hall bo brought before a court of competent jurisdictio~ without undue delay. ( 2) Where any person arrested is released without charge or tha prosecution of that person is not proceeded with within thirty days of the arrest, any vessel, article oi: thing arrested, detained or seized when in the vu::HHHH:1lvu uf u.t uw .. hn Llit1 i.;unLLvl <.J[ L.lJctL person or the proceeds of sale thereof shall, subject to section 15 (2), be returned to that per.eon. ( 3) Where the court holds any vessel, article or thing arrested, detained or seized under this Act and a parson who has been properly charged with an offence in relation t~hereto tails, w1t.h1n ninety days of the arrest, dstantion or seizure, to appear to answer tha charge the Chief Conservation and Fisheries Officer may apply to the court for !';t1r•h vAR.<s•·~l, ertir.ln nr thing to hA fnrfe-ite<:1 to the Crown and the cc:mrt shall make such order as it shall consider just. ( 4) Where the court fails or make an order for forfeiture under (3), the Chief Conservation and Officer may appeal to tha High decision of which shall be final. refuses to subsection Fisheries Court the ( 5) Subj act to subsoction ( 6) and section 13, where a vessel, article or thing is arrested, Cetained or seized under this Act and no!person is arrested, the vessel, article or thing shall be returned to the owner or the Prohibition of activities that \lndermine lhe effectiveness of ii\ternatione.l oon:;;erv""tion and management measures, 13 person having possession, care or control of it. at the tlme of ar1.ld::.L, Utll.,,,11Llv1J v1. seizure, ( 6) If the lawful owner of a vessel, article or thina arrested, detained or seized under this Act cannot be traced within thirty days of such seizure the vessel, article or thing shall be forfeited to the Crown and be disposed of as tha Chief Conservation and Fisheries O!!lcer iii hl::. 1.H~t..:i.tit.iun ~11011 consider fit and any proceeds of sale thereof shall be paid into the Consolidated Fund, ( ·7 l Where a vessel. article or thing has been ~rrested, detained or seized under this Act and the Court does not order the forfeiture of the vessel, article or thing then that vessel, article or thing or any prooeeds realh,ec.1 £.r.uw Un, di~po:,al of ~uch vessel, article or thing shall be returned to the owner or the person having the possession, care or control of it at the time of arrest, rl.et.ention or sei2ure, ( 8) Where the owner of a vessel, article or thing or the person having the possession, care or control of it at the time of its arrest, detention or :,eizure ls t.;unvi.wLtJU uf an offence under this Act and a fine is imposed, ( 11) ·t:hn vessel. article or thino mav be detained until the fine ls paid; (b) the vessel, article or thing may be sold in satisfaction of the fine; or (c) any proceeds re&lised from its di~posal undQr this Act may bo applied in payment of the fine. ( 9 l subject to this Act, the Chief Conservation and Fisheries Officer may cause any fish, vessel or any fishing gear tound or seized and at his disposal to be destroyed if he considers it fit to do so, Pl\RT V PROHIBITIONS AND OFFENCES 15. ( 1) No person operating a fishing vessel that is entitled to fly the flag of the Virgin lslands, whether or not it is required to be licensed under this Act, shall engage such vessel in any activity on the high seas that undormine,:i: the cf'£eotivene;,.:i 0£ internl').tional conservation and management measures. (2) The Minister may, by Regulation, µrescribe certain activities as beinq activities that undermine the effectiveness of international conservation and management measures. Obstruction of authorised officers, false information and ulto1tatio1, of licences. Other offences, penalties and proceedings, 14 ( 3 l Where a person contravenes subsection ( 1) h;;, lll.nd thw master, ,:,wn~r ;;,1~d ch;;,'l"'+<'>rAr ,,-; the vessel each oommits an offence and is liable on conviction to a fine not exceeding ten thousand dollars, 16. (1) A person who (a) assaults, resists or wilfully ob5truct5 cm authorised officer wh1,111 aetil"1Q' in th,;, <'>>'Prr::i:"li:,, nf his powers under this Act, (bl refuses or neglects to comply with any order, requisition or direction 1awru11y macte or given under thia Act, (c) fails without reasonable eXC'US~, Ii I to answer asked by officer, or any question an authorised (ii) to give any information or produce anything required to be given or produc0-d in pu:rsuan<::w of this }l.ot,, (dl fails to allow a search or inspection under this Act, or {e) prevents or attempts to prevent another person from oomplying with such orders, requisitions or directions or from answering :,.uch que.:itiono, producing ar1y thing or allowing a search or inspection, conunits an offence and is liable on conviction to a fine not exceeding two thousand dollars. (2) A person who, {a) for the purpo::;l;j of ol.JLc.lnlng a licence, or (b) for purported compliance with a rP(]1li re>ml'.!nt' Tr, f1irni o:,:h Any information under this Act, knowingly or recklessly provides information which is false in a material particular conunits an o.ttence and 1s liable on conviction to a fine not exceeding five thousand dollars, ( 3) A person who without lawful authority ~lts-rtl a liaence granted rn;der this Act commits an offence and is liable on conviction to a fine not exceeding five thousand dollars. 17. ( 1) A person who contravenes, or fails to comply with, a requirement of any provision of this Act in respect of which no offence is specifically provided commits an offence. 15 ( 2) A person who conuni ts an offence under this Act for which no penalty is specitically provided is liable on conviction to a fino not exceeding one thousand dollars. ( 3) Whoro a porto:<:>n Ls oonviQtod of an offence under this Act, the court may, in addition to any other penalty that it may impose, order that any fishing <;rear, instruments or appliances used in the commission of such offence and any fish on board a fishing vessel or the proceeds of sale thereof, if already sold, shall be forfeited to the Crown ·and if so forfeited shall be ,Jl:,µc,50\d of in 3Uch monnor o.o tho Chief Conservation and Fisheries Officer may dix-ect, (4) For the purposes of any proceedings under this Act, any fiah found on board a fhhing vessel !'!hall, unless the contra:i:y is proved, be presum1,:1d to have been caught (al on the high seas; and (b) within tha vicinity cf the vessel at the time the fish is so f()und where the 1 icent.:e to fish specify.ing the vessel restricts fi5hing to a particular area of the high seas. ( □) Au ctl..LtiWJ,'L Lu 1.-'VlfUlt.i:L ,\:l:U vff,::,nce \~w.le:t. this Act shall it:self constitute an offence and may be dealt with in like manner as if the attempted offence h&d been committed. (6) Any master or other person who t:i:ans ··ships• receives on board a fishing vessel, transports, sells, offers for sale, procassss or .in any other manner deals w;ith tish caw;rht in cohtraver:t1on of t:l)is JI.ct commits an offence. ( 7) Any person who aids, abets, coun:;;els nr r,rrwllrA.<1 Fm offr:mnA under t:.his Act or conspires to commit such offence commits the offence so aided, abatted1 counselled or procured or conspired to be committed. { 1:1 J When a person 1s conv1ct:ec1 on a 5econd or subsequent offence under this Act, he is liable to double the penalty stipulated for that offence. ( 9) A certificate purporting to be signed by the Chief Conservation and Fisheries Officer or any officer authorised by hiru for that purpose to the effect that on a date specified in the certifica~e (al a fishing vessel specified in that certificate wes not licensed under this Act, (b) the accused person or any other named person was not the boldar of a licence uhder this Act, or 16 ( o J a named person was the holder of a lic1:1nct:J c;r: v1:1i.mlL u11t.1vr this Act, shall, in the•absence of proof to the contrary, be sufficient 'evidence of the matter stated in the certificate. PART VJ 1:UUH.T 1-'WJCt:t:UlNli;::l, r'l:'.:NALT ms AND COMl:'OlJNDlNG 01" 01."f'l!:NCES Jurisdiction of any the court, Forfeiture of licence and disqualifications, 1\.clministrative penalty, 18. The prosecution of an offence, and proceedings under this Act .sh<;tl.1 bs milde befo:re ~ Mfl<')l e:'t-Y'Ai-A • "- r.ri11ri- . 19, offence Whe:re a person is convicted under this Act, the court may, of a:, (a) in add 1. tion to any other penalty, order that any licence granted to or fees paid by the convicted person under this Act b<il fo:rf9itf£>d t~na f:hflr. 1;mch person be disqualified from the day of conviction from holding a licence for a period not exceeding three years; and (b) award the Crown such costs and expenses in relation to the prosecution of the offence as may appear to thlf co1..n:t to bQ proper. 20. ( 1) Where the Chief Conservation Fisheries Officer has rea$onable cause believe that and to (a) an offence under this Act has been conuni tted by a person, (b) the offence is of a mino~ nature, or (a) havin<;J re,;iard to the m::eviow; conduct of the person concerned in relation to the u.se of any vessel, it would be appropriate to impose a penalty under this 1:>t::H..:Llu11, he may cause a notice with subsection { 2 l pe!'l'..'SOt\. in writing in accordance to be served on tha-: (2) A notice under subsection (l) shall specify cal t:he date and nat:ui:e of the offence, (b) a summary of the facta upon which t.h,g .;;ll1?qation that .an offence has been com.mi tted is brased (being sufficient summary fully and fairly to inform the person of the allegation against him), and ( c I ,any other matters ( not being p:revioue convictions) that the ~hie± Conservatlon and Fisherie5- Officer considers relevant to the imposition of a penalty, and shall be endorsed with a statement setting out the provisions of this section. ( 3) A person on whom a notice under subsection ( 1) is served may, within thirty days after such service by notice in writing in the prescribed form served on the Chief Conservation and Fisheries Officer, require th~t proo~edinga in :rgapgc-t o:f: thg, all~ggd offence be dealt with by the court. 14 I the te:rma Where a person gives notice of ~ubeeotion (3), within (a) no further proceedings shall be taken under this section by the Chief Conservation and Fisho~ios Officor; and (b J nothing in this section shall be construed to prevent the s\1bsequent laying of any oharge in respect of the alleged offence or the conviction of the person of the offence by the court or the imposition of ony pcn~lty er order of forfeiture under this Act. (5) A person on whom a notice under subsection (1) is zerved who does not require proceedings: ir1 respect of the alleged offence to be dealt with by the court may, by notice in writing served on the Chief Conservation and Fi9heries Officer-, (a) admit tha offence; and (bl make submissions· to the Chief Conservatio~ and Fisheries Officer as to the mat:ters he wishe$ him to take into account in imposing any penalty under thie: eeotion. ( 6 l Where a person on wham a notice unde:r subsection {1) ie served does not, within thirty daye after the hotice is served on him, (al require that proceedihgs in respect of the alleged offence be dealt with by the court, or {bJ admit the oftence, he shall on the expiration of that period be corisidered to have admitted the offence. ( 7) Where under this section a person edrni ts or is considered to have admitted an offence, the Chief Conservation and F'isheriee Officer, after taking into account any submissions by that person under subsection Detention or foi.·fei b1re of fi$hing vessel ,:,n f.:i.ilwi.·e t~ pay or secure finet. 18 ( 5 J, may :i.tnpose e. monetary penalty on that person in respect of the offence not exceeding one third of the maximum penalty to which the person would be liable if he were convicted of the offence by th~ court, (8) WOere the Chief Conservation and Fisheries Officer imposes a penalty on a person under this section in respect of an offence he shall cause a notice in writing stating the particulars of the penalty to be served on th~t person, ( ~) A pe:i:son on whom a penalty is imposed uw.3.tll. t..hi::. ::'ltl..:Livu tillall i-,ay tho amount of tho penalty to the Crown within thirty days after the notice of the penalty is served on him. < 10 J Without Prf.dt.1dice to the requirement of subsection ( 9), a penalty imposed under this section shall be treated in the same manner as a fine is dealt with under the criminal law on oonviction of an offence, ( 11 J Notwithstanding the provisions of this l\ct or any other enactment, where an offence has been admitted or is considered to havA boi:rn Arlm.i.tt ed under this section no charge may be laid in respect of the offence against any person by whom it has bae:i. admitted or considered to hava been admitted, (l:.!.) t,;othing in this section shall apply (al in respect of any of fence o:r alleged offence under section 4; or (bl to any offence or alleged offence in respect of which a charge has already been laid. 21. ( 1 J If any fine or amount of costs is adjudged to be clue by the owner, ma5ter or charterer of a fishing vessel in respect of a co.-..trovcntion of o. prl)vioion of thic 1\.ot tho court may, if no security or if it considers that insufficient security has been given to the crown, order that in default of immediate payment the defendant shall give security for the payment of the fine or amount of costs due, (2) Where the security referred to in ::rnb.:1ection ( l) ii, not given, t.he oo>.1rt may order the detention of the fishin1 vesse:. concerned with the oontravention end such fishing vessel may be detained in the Virgin lslands until the amount due is paid or security is given to the satisfaction of the co1..1rt, (3) If a fine is not paid or security is uuL <:Jiven wit.hlo Lh.is; Ly Uci.y~ uf Llu: orUur u! the court o:r such lon9er p'eriod a5 the court may determine, the court may order that in the case,of any offence under section 4 any vessel and ·its ecrnipment used in the commission of the offence shall be forfeited to the Cro~n. of (4) Any ve15sel and its equipment forfeited under subsection ( 3} shi:311 be di£p,.,:,:i.od cf in s\1r:,h w;,inn., .v- -"If' +hA C'hi r,.,f Conservation and Fisheries Officer may dir~ct, PAR'!' VII REGULATIONS 1?. ( l.) Thn Minl 1::+Ar m;,,y m.<ilu:11 RA9t1l Ptt:.l.r-,n!'I for the better carrying into effect of th~ provisions of this Act, I 2 I to the Minister ln particular and without prejudice generality ot subsection llJ, the may make Regulations providing for (a) the payment of fees on applieiat.ions for licwnco:.. and on the issue of licences; (b) the conditions and procedures of application::; for licences and their terms: (cl the placing of observers on fishing vessels; (d) the p1-ovisicm by applicants fo:t licences and licensees of bonds or other fo:rms of security for sacuri.ng their compliance with the obligations under, <=1nd the terms and conditions of their licences; (o) roport:::i to purpost;1.s of bo mndo this Act; for tho (f) the notification of international conservation and management measures recognised by the Virgin Islands; (g) activ.ities that shall be con~iderod to be activiti~~ that undermine the effectiveness of international conse:rvation and management measures; and (h) anythlng wh.ic:h is to be or may be preecribed under this Act. r~::i;,,ed by the Logi;:;lei.tive C,;;n.moil thi~ , 19 Cl~rk of the Laqislative Council 20 OBJECTS AliD REASONS Essentially, the purpose of this Bill is to provide a legal framework for the implementation of the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas adopted by the Conference of the Food and Agriculture Organisation of tho United Nations on 24th November, 1993 and the Agreement for the Implementation of the Provisions o:f the UN Convention on the Law of tho Sea of 10th J:;l1;1,;;1;1mbei.:, 1982 1:elo.tlng to th,;, C\Ju:i:;t1.tvation o! Straddling Fish Stocks and Highly Migratory ,Fish Stocks. The Bill is divided into seven Parts, with the first Part rrntlinino ln dAl'.nil the dutinr. nf t.hn Chief Conservation and Fisheries Officer, the powers of the Minister in relation to the performance of those duties and tho enforcement powers of authorised officers. ·rne second .t1art of tha l:!111 deals wit11 u1e 11t:easl1Jy ur fishing on the high seas, It makes provision for the mandatory licensing of fishing vessels fishing on the high seas, and in this regard, identifies fishing vessels that are eligible for high seas fishing liconcQs. It thon outlinQS tho modA nf applination for a high seas fishing licence, the contents of the application and payment of fees. The Chief Conservation and Fisheries Officer is empowered to grant high seas fishing licences. However, where he is satisfied that the Virgin Islands will not he able to exercise effectively its responsibilities ltnder the relevant 1nternat1onal instruments mentioned above, he may refuse to grant a high seas fishing licence. Part III of the Bill addrcccoo iocuo~ 0£ intornation~l co operation relating to fishing on the high seas. 'l'hus the Chief Conservation and Fisheries Officer may require any person with business in high seas fishing to provide him with information or make specified returns to him. He may also, if so authorised by the Minister I make necessary arrangements for the exchange of information, including evidentia.ry material, with other States. Part IV of the Bill deals with enforcement generally, It oullines lu delctll Lliu ytHWLl:il vuwt1Li".l u.C dUthorisod o!ficerl!S on the high seas and within local jurisdiction, Provision is made for the d.iup'v'iViil <vi s'i?>i-i.~d fish M\<l oth<o!: 'ilo'otis.hab-l'<!-s. as 1t1ell as. thu disposal of arrested persons, vessels and other things which are ~At~inAn nr ~Ai~An. Part V deals essentially with prohibitions and offences. In particular, it prohibits activities that undermine tho effectiveness of international cons'ervation and management measures. lt also creates Offences where authorised uffl~~Ls dL• obstructed in the performance of their duties, and where a person gives false information or alters a fishing licence, Part VT l"li:'lr:lri:H4<::1Ht r.n11rt prnr.Ai::ir1inc,s, penalties and the compounding of offences. It outlines the jurisdiction of the court and makes provision for forfeiture of a licence and disqualifications in respect thereof. The Chief Conservation and Fisheries Officer is empowered to compound offences where an offender does not wish to undergo a litigation process. The last Part gives the Minister Regulation-making powers, both in general and specific terms I in order to ensure the effoctivo and offioiont implomontation of th~ Bill wh~n ov~ntu~l]y enacted, OLIVER ClttS Minister of Natural Resources and Labour