Fisheries Resources (Jurisdiction and Conservation) (Amendment) Act, 1985

An Act tQ Amend The Fisheries, ResQurces (Jurisdiction and Conservation) Act, 1977. ENACTED by the Parliament of The Bahamas. 1. This Act, which amends the F1shenes Resources lJuris• diction and Conservation) Act, 1977 may be cited as the Fisheries Resources (Jurisdiction and Conservation) (Amendment) Act, 1985 and sha.U come into operation on such date as the Minister may, l.Jy notkc in the Gazctt.e, appoint,, 2. The principal Act is hereby 9mended by inserting after section 10 the following new section 'R..sul~tfo1t. of ,,. h,mi1n n.hinr v-1• to tlf.b forlhmt;I' """"""'" (or oon:im•n:1-l ..,....,... ..... l0A.--(1) No person shall use a Bahamian fishing vessel to fish for any fishery resource for commecial purposes within the exclusive fishery zone, unless, there is in fora:i in relation to such vessel, a valid permit in that behalf granted by the Minister in the prescribed manner, authoris• ing the vessel to be so used. (2) Sub9'l>('tiOn {1) qhll.ll nnt. npply t1' n Rn. hamian fishing vessel which is 20 feet or less in length: Provided that the Minister may by notice published In the Gazette apply subsection (1) to all Bahamian fishing vessels. (3) Upon the Minister being satisfied that nn npplicnnt for a permit mention\';d in tiµbl!le<:· tion (1) is Short Udt ,nJ <nrnm•m:•rrnmt. Ad NQ 13 af 13/11, ln .. rtion nf ntw ooction \OA in •h~ prindpo.l '" Arnendnwmt or ion 15 of the vnn<ip•J A<t, (a) a Bahamian; and (b) lho ownor of tho fichins vecacl in re spect of which the application has been made, the Minis~r sha\\, "P',)n pa:,imi.:nt (){ tb~ pte• scribed fee ~nrni t.,u Lht:! applicant iu Lht! µrit• scribed form a pennit which shall expire on the 31st December of the year of issue. (4) If any Baham.i::11.n fii.:hing .,,e11Q.t>l i11 uSQd in contravention of subsection (1) (a) the person using the vessel, the owner and also the master or other person in dmq:;e uf the ve:!i.:.el .:.hall each be guilty of an offence and liable on sum mary conviction to a fine of ten thou• sand dollars or to imprisonment for a tc1 m uf uue year 1n- W UuLh, (b) the vessel so used shall be liable to forfeiture whether by the court upon such conviction or on acquittal or otherwise by any court m proceedmgs taken for its condemnation, (5) For the purposes of this section it shall be prima fade evidence that a fishing vessel was being used to fish for fishery resource for com mercial purposes if it is shown that at the time the vessel was inspected to determine whether an offence under this Act was committed that there was on boa.rd su.ch. fisher; tew\.lrc.e in a q uautity of not less than two hundred and fifty pounds in weight.". 3. Section 15 of the principal Act is hereby am.ended by the insertion immediately aft.er subse(tion (4) of the following subsec tions "(5) The owner of a vessel detained under subsection (1) and in relation to which proceedings have been instituted as aforesaid or of any vessel removed or detained by reason of a breach of any Regulations ma.de under this Act or for non~payment of any sum due to the Government in accordw ance with any agreement shall notw1thstandmg anything to the «mtraty this. ~ti.on 00 ha.bl~ W re\mbut<w Uw. <lo'l emment the reasonable expenses as, at the date of any claim therefor, may have been incurred by the Government in the upkeep, maintenance and removal of t hi: vessel as the case umy u~ anJ until ::;ud1 1~irnb~11i,eu1cut the Gv~·t:rnm,:.nt may subject to subsection (8) refuse to releas,: the vessel detained. (6) After a demand in writing for payment of such expenses has been made upon the owner or master or other person in charge of the vessel at the time of its seizure or removal, or, in the absence of their identity or whereabouts, notice of demand having been affixed on a conspicuous place of the vessel and a copy thereof published ln the Ga~ zette, pr~eedings may be instituted in a court of summary jurisdiction for the recovery of such exr,enses irrespective of the amount as a debt due and payable to the GQvernment, (7) Any document to b~ filed in tho court o.nd sot"Ved upon the owner or master of the vessel in respect of proceed ings referred to in subsection (6) shall be deemed to have been duly filed and served for the purpose of any law if such ,:l'nr11m1mt iSJ 11Adr-11ssPd tn thP ownP.r nr rna~ter by na.me, or. if it is not practicable after reasonable inquiry to ascertain the name and address of the owner or master to or on whom it should be served, it is addressed by description of "owner" of the vessel (naming it) to which it relates and by affixing it to some conspicuous part of the vessel. (8) The provisions of subsections (3) and (4) as they apply in relation to the manner of the recovel;)' of a fine and the d.fop<:,~at of proceeds of a i:1,0,.le mcutil)ncd in thotJc 1Jul:mctl tions, shall, mutatis mutandis, apply in relation to the re covery of any sum awarded to the Government pursuant to procee,dings referred to in subsection (6) or in respect of ex~ ponaes i11,::urr(!,d by the 0.,v('rnm,;,nt in r,;.,lntinn tr, ~ vt>!'<M>l h:y reason o( a breach of this Act; save that where any notice is required to be served as mentioned in subsection (3) the same if necessary may be served in tht! manner provided in subsection (7), ". 4. Subsection (1) of se<:tion 18 of the prindpal Act is hereby amended in the following respects (a) by the r,;;~lettering nf f'nrrig,-!'1[1h"I (pl, (q) and (r) a.;i paragraphs (x), (y) and (z) respectively; and (b) by the insertion as J}aragraphE (p) to (w) of the fol lowing paragraphs ''{p) for the control, management and r~gulation of any undertaking established by the ('J'(lvern ment for the marketing and distribution to the public of any fishery resource and including the premises wherever such undertaking is conducted and the waters adjacent thereto; A""lldrnM<-0f Nlctfon l~ ~( the prfodpal Arl Amend,.,tnl of H(tl~h 19 of tht ~t,,..·iµ,,1 Att. (q) for the provision and rendering by any under• taking carried on by the Government of s<:rv• ices m or 1nc1dentn.l to the marketing, storage, and distribution of fishery resource UJJun pay ment of such fees and subject to such terms as are prescribed or as the MinisU:r sees fit; (r) pnlviding for the manner of and t.he measures that may be taken for securing the enforce• ment of the payment and recovery of fees pay lelhtt>c t.r1 t.1-,Pc CTr.vi'l'T'lme, l\t fo,. ,;;:.e, ,.'IJi.l'M>. N.'ndecr,;,.d. by any undertaking established for the mar• keting of fishery resource; (s) providing for the exe.mination, seizure and dis• pm;al uf auy fishe1y re:;uun:e which iu the opinion of the fisheries inspector was obtained or was involved in any transaction in breach of any Regu\at'i.ons made under thias Act oT which i:, in 3uch o. otutc a, t<> be injuriouo to health; (t) providing for the inspection of premises by a fisheries inspect-Or who has reasonable cause to believe that such premises are hein~ used in contravention of any Regulations mau~ uutlt'r this Act; (u) providing for the keeping of records by any person holding a lieence or permit under this Act and the inspection and taking of copies thereof by any fishery inspector for the pur· pases of determining whether or not any of fence has been committed; (v) providing for the constitution of offences and the imposition of penalties therefor by reason of the breach of any Regulations made under thiA Ar.t. and for mi:1!\SUres affecting the burden of proof of such offences or offences under this Act; (w) providing for the seizure and removal of any veosol from tho pl"cmiaes of any undortaking to which paragraph (p) applies and the recovery by the Government of any expenses for so doing.". 5. Section 19 of the principal Act is hereby amended in the following respects (o.) by the repeal of suba.ection (1) and the substitution therefor of U1e following isuLi,t!cUtm ''(1) Subject to ;;\lb-<>1:ction 1;31 where aoy fii,;h g ve~!!cl en~ag"~ ,n foreign fi.-ihini; in th-:! cm:lu sive fishery zone for any fishery resource (a) lhe owner and also the master or other periWn in charg;:; of the vcr;scl and every person who so uses it shall l)e guilty of an offence and liable on summary conviction, subject to the provisions of section 21, to a fine of fifty thousand dollars or to im~ prlsonment fur a Lcrm of um:! yeat ut t.u both; (b) the vessel used in such fishing shall be liable to forfeiture whether by the court upon such conviction or on acquittal or otherwise by any court in proceedings ta.ken for its condemnation."·, (bl hy the insertion, immediately aft.er the word "ves sel" appearing at the end of subsection (2) of the words "and where the fishery resource is the result of anything done in contravention of the provisions of this Act, it shall be seized and be liabl!! to f<:it:fl!.it l.lre"; and (c) by the deletion of subsection (3) and by the substi• totion therefor of the following "(3) Nothing in subsection (1/ shall apply to any vessel which engages in foreign fishing in the exclusive fishery zone for any fishery resource having been so authorized under section 7(a), (b) or (c) or for sporting purposes in accordance with section 7(d)". 6. Subsection (l)of section 20 of the principal Act is hereby amended by the msert1on immediately att.er the words "otherwise than" of the words "as prescribed or". 7, Section 23 of the principal Act is hereby amended in the followi.ng r,e~pe(;te (a) by deleting the words "eight hundred dollars or to imprisonment for a t.erm of six months or to both" and substituting therefor the words "five thousand 0.ollars or to imprisonment for a term of one year or to both"; and (b) by re-numbering the section as subsection (1) and inserting immediately thereafter the followin~ sub~ section~ ....... ndm'l"\,.i( ..;,,ft 2lloltM prio<ipal Ad. /~L~r ~ u q( 'hi\ pri,w,i(>&I Ad.. A,. .ndm~nl o( s,,.., \l,,.Hwh '• ,J,e pnnc•l"II '" "(2J T'he foct that nny act or omission cu11,;f;tule:; :it1 <'lffonN> linth urtdt>r ?.Hh'sf"ciitm I)) :.ir1d r1 rog ulation macie under th1:; r\cl shall not rendt•r that regulation 1nv:1l1d ;rnd procet•dings fnr that offence may be inslitutt:d under that sub. section or rci;!1.]lation but i:;o lhut no f)N:-on shall be punished lwice in respect of the .<,ctme offenc,:L" 8. The First Schedule to the prin cipa! Act is hereby amended by the delet10n m paragraph u ol the words ··tne thmg in question shall be deemed to have been duly condemned as forfeited" and by the s1.1bstitution therefor of the words "the provi sions of paragraph 6 in relation to Lhe taking of proceedings and th power,; or the Cour-t ::;hall appl:,i wil.h\}ul. an:, 1equi1ernc.nl, un• Jess the Court otherwise directs, for notice thereof to be given to 11ny person mentioned in paragraph 1."