Fisheries (Anti-Fouling Paints Prohibition) Amendment Regulations 2005 (B.R. No. 25 of 2005)

BR 25 / 2005 FISHERIES ACT 1972 1972 : 76 FISHERIES (ANTI-FOULING PAINTS PROHIBITION) AMENDMENT REGULATIONS 2005 The Minister of the Environment, in exercise of the powers conferred on her by section 13 of the Fisheries Act 1972, makes the following Regulations: Citation 1 These Regulations may be cited as the Fisheries (Anti-Fouling Paints Prohibition) Amendment Regulations 2005. Interpretation 2 In these Regulations "principal Regulations" means the Fisheries (Anti-Fouling Paints Prohibition) Regulations 1989. Amendment of regulation 2 3 Regulation 2 of the principal Regulations is amended by inserting the following definitions in their proper alphabetical positions " "diuron" means the chemical 3-(3,4-dichlorophenyl)-1,1-dimethylurea; "irgarol" means the chemical N'-tert-buty1-N-cyclopropyl-6-(methylthio) - 1,3,5-triazine-2,4 diamine or irgarol 1051.". Amendment of regulation 3 4 Regulation 3 of the principal Regulations is amended by revoking paragraphs (1), (2) and (3) and substituting the following new paragraphs "(1)No person shall import or cause to be imported into Bermuda any organotin anti fouling paint, any paint to which an organotin, irgarol or diuron has been added or any organotin, irgarol or diuron additive unless the Minister has, by letter of authority to the importer, copied to the Director and the Collector of Customs, authorised the importation (in which case such authority shall be personal to the addressee), and such letter of authority has not been withdrawn and the organotin anti-fouling paint, paint to which an organotin, irgarol or diuron has been added or an organotin, irgarol or diuron additive, is imported in accordance with the conditions, if any, set out in the letter of authority. (2) A letter of authority under paragraph (1) of this Regulation may specify the kind of container in which any organotin anti-fouling paint, any paint to which an organotin, irgarol or diuron has been added or any organotin, irgarol or diuron additive may be imported, the manner of labelling any such container and the contents of any such label. (3) No organotin anti-fouling paint, paint to which an organotin, irgarol or diuron has been added or an organotin, irgarol or diuron additive authorised for importation under paragraph (1) of this Regulation shall be imported by any person unless it is in a container specified in the letter of authority and labelled as specified in the said letter.". Insertion of regulation 3A 5 The principal Regulations are amended by inserting the following regulation next after regulation 3 "Prohibition of importation of certain paints 3A (1) No person shall import or cause to be imported into Bermuda any paint or additive containing irgarol or diuron. (2) Any customs officer, police officer or fisheries officer may seize or detain any paint or additive containing irgarol or diuron which he has reason to believe has been imported in contravention of subsection (1). (3) Notwithstanding subsection (2) any person who contravenes subsection (1) commits an offence and shall be liable on summary conviction to a fine of $5,000.00 or one year imprisonment or both and the court before which he is convicted may order such paint to be forfeited and destroyed or dealt with in such other manner as the court may order.". Amendment of regulation 4 6 Regulation 4 of the principal Regulations is amended by revoking paragraphs (1) and (2) and substituting the following new paragraphs "(1) No person shall possess, sell, offer for sale or expose for the purpose of sale any (a) paint or additive containing organotin; or (b) paint or additive containing irgarol or diuron, unless such paint or additive has been imported in accordance with regulation 3. (2) No person shall possess, sell, or offer for sale any (a) paint or additive containing organotin; or (b) paint or additive containing irgarol or diuron, which has been repackaged subsequent to importation.". Amendment of regulation 5 7 Regulation 5 of the principal Regulations is amended by revoking paragraphs (1) and (2) and substituting the following paragraphs "(1) No person shall in Bermuda apply or cause to be applied to anything, any (a) paint or additive containing organotin; or (b) paint or additive containing irgarol or diuron, unless such paint or additive has been imported in accordance with regulation 3. (2) Any person who contravenes any provision of this regulation commits an offence and shall on summary conviction (a) be required upon written notice given by the Minister, to remove from the territorial waters of Bermuda anything to which (i) paint or additive containing organotin; or (ii) paint or additive containing irgarol or diuron; has been applied; and (b) be liable to a fine of five thousand dollars or imprisonment for one year.". Amendment of regulation 6 8 Regulation 6 of the principal Regulations is amended by inserting after the words "organotin anti-fouling paint" the words ", paint to which an organotin, irgarol or diuron has been added or any organotin, irgarol or diuron additive.". Commencement 9 (1) Except for regulations 6, 7 and 8, these Regulations come into force on 1st July 2005. (2) Regulations 6, 7 and 8 come into operation on 31st December 2005. Made this 14th day of June, 2005 Minister of the Environment