Marine Products (Fisheries) Rules

CHAPTER 25. AGRICULTURE ANO FISIIE~IES. PART I. Subsidi:?ry Legislati~n under The Agrilculturc and Fisheries Act (Chapter 25). THE MARINE PRODUCTS (FISHERia:S) RULES. (SECTION 5.) [Commencement 23rd September 1954.] 1. These Rules may be cited as 1he Marine Products (Fisheries) Rules. 2 In these Rules, unless the contex~ otherwise requires-; "'Act'• means The Agriculture and Fishtjrics Act, or any subsequent enactment to amend the same or in substitution thereof ; "'canner·• mc:tns the owncr or operator c.,1>f an cstab nsbmcn1 for c.anning or otherwise: preserving marine products; "exportc:r·· m<::ms ~ny rcrson who exports m:irine products from the Cokmy ; "faspcctor·· means an inspector appointed by the Minister for the purpose of these Ru,cs; "'licence .. means any licence granted by the Minis ter under the provisions of lh~c Rul~s ; marine products·· means any ihh. crawlish, turtle, G.N. J4'lf l95J. G.N. /4/fJQ.lf. G.N. 14/l'I-IO. G.N. 67/IQ5S. G.N. JJ//956. G.N. 73/1956. G.N. /06/1956. G.N. 8011957. G .N. JJ I I 1957. G.N. 20!/1957. G.N. /9:S/ JQ5.'I. G.N. 57/1959. G.N. 201 I 1959. G.N. 11/1960. G.N. 141 I 1962. G.N. 219/ 1963. G.1V. 196/ J<J6.f. G.N. 209/ 1964, 4] "' 196.S. j • .). S-1.65/1965. Short ti tie. lnterpret:irion. G.N. 34 / !9 56. G.N. 295/ 1961. G.N. 14//956. G.N. 296/ 1961. Licicn~ rcquin:J. Schedule. conch, crab or aR-y sponge. coral. sea-f~n, seJ plumc, mari11c shell or ;1ny other form \vhat socver of 111;1rinc liCc; "Minister" rnc:111s the ~li11i:-,t1,:r cl::, ;cd with the responsibility for the aJministr~ttion of the Act; "port of entry" for the purpose of these Rules means any place of l:rnding, port. or sc:tle mcnt dcsi!.!n:ttcd bv the M1 inistcr for the our pose of inspecting crawllsh: . "prohibited appar:1tus" mc:111s (a) any dcvi:e, other thnn a schnorkel, designed fur llic purpos~s c,f en3.bling a p\!ison to breathe whilst under wakr; (b) any device designed for the dischJrge of a missile under water except a Hawaiian slin(T · o• "schnorkel" mc,rns a tube through which a person whose face is beneath the surface of th~ water can breathe :iir directly from the atmosphere; "spearfishing apparatus" means anything of the categories set out below which is used ir. the sport commonly :..:nown as "spearfishing" (a) a.spear; (b) n device made of wood fo.- the dis charge of a missik under ,\J•ater by the f orcc of a spring of rubber, and known as a Hawaiian slin° · o• (c) a schnorkel ; (d) an undcnvatcr mask; (e) underwater goggles. PART I. PROHIBITIONS. 3. No person shall export any ma.rine products from the Colony unless he has n licence from the Minjstcr in the form of eithc:r Form 2 or Form 3 in th:: Schcduic to these Rules; and no person shall c:i.n. . frce:u: or otherwise prcscn·e ;my marine products in the Colony for export unless he h:1s n licence from lhc! Minislc.:r in the form of Form 1 in the Scheduk to ti:cse Rules. 4. No person holding a licence shall purchqse or have in his possession in any place whalsocver a1ny of the fish known as grouper, rockfish or hamlet weighing less than one pound. ' 5. No person shall (a) use a purse seine net in water less th~n five fathoms deep ; (b) use any seine or net with a mesh under three q u~irtcrs of an inch for the purpose of catch fog .fish e.xccpt go,gglc-eyes and pilchards in any territorial waters of the Colony. 6. No person shnll use dogwood or other poisonous bark, poisonous wood or ,my other poison ous substance whatsoever for the purpose of stupifying or destroying fish anywhere in the territorial wauers of the Colony, save for experimental or scientific putposes under a licence issued by the Minister for both such purposes or either of them. 7. No person shall (a) fish for or take any fish by means 0£ a net .in the harbour or at the entrance to the harbpur of any settlement in the Colony, except for food to be consumed by himself or his family ; (b) take any edible marine product from within the harbour of any settlement or from any place within a mile of any settlement for the purpose of expc:-ting such proJuct. S.-(1) No person shall witl1in illl that area of water in Nassau Harbour whose surface is approxi mately one hundred yards squ:ire and which is bdunded on the north by that portion of Lot 10 of P~radise Island~ commencing at the south e:1st corner of the s.iid Lot 10 and running in a westerly direction for one hundred yai-<Js (being directly over 'White Lime Hull>. take. capture. destroy or kill any fish or marine lifo of any kind. (2) It shall not be lawful for any ·person t~ use a net to haul~ c:itch. t:ike or g:ithcr. or to . .ittcmpt t♦ use a net to haut c;itcJ1~ take or ~th"'-r fish in th~ :sra defined and set out in paragraph (5) of this Rule. {3).lt shall not be lawful for the owner or master or other person in charge of :my vessel or bbat to Size o( ccruin fish. Use oC seine DCt. UN. J.<//1911. Prohibition o! poisons. G.N. 7J/1956. Protection of harbours. Prott-Cdon of Nass."\u H:1rbourand aJjaccnt waters G.N. U/1940. Close season Size limit. Taking etc. of egg-bear ing crawfish prohibited. permit such vessel or boat to be employed in hauli*g, catching 1 taking or gathering any fish by nets within the ar~a defined and set out in the said paragraph (5). (4) Paragraphs (2) and (3) of this Rule shall not apply to the catching of the fish known as goggle-eyes a,d passing jacks in the area set out in the said paragraph (Sl. (5) All that area of water lying between the Island of Paradise Island and the Island of Athol Island to tthe northwarc and the Island of New Providence to the southward, and between the western end of the said Island of Paradise Isl~nd and a line drawn in a southerly direction to the said Istand of New Providence to the westward and the eastern end of ~he said Island of Athol Island and a line drawn in a southerly direction to the said Island of New Providence to tjhe eastward. PART II CRAWFISH 9. (1) From and including the 1st day of Apr~l to and including the 31st day of July in any year no persdn shall fish for, take capture, destroy or kill, or have in his 1possession any live or fresh crawfish without first having obtlained the written permission of the Minister. (2) From and including the 1st day of Apri11 to and including the 31st day of July in any year no persoln shall buy, sell, expose or offer for sale any live or fresh ctjawfish. 10. (l) No person shall fish for, take, captuire, destroy, kill, have in his possession, sell, expose or offert for sale in any place whatsoever any crawfish which· measures lelss than three and three-eighths inches from the base of the horns to the end of the jacket or which weighs less than one pound or the tail of which weighs less tha·n five ounces. (2) No vessel or dinghy shall engage i~ fishi~g for crawfish unless such vessel carries a measuring gauRe of a pattern appn>ved by the Minister. lOA. (1) No person shall fish for, take, captu~e, destroy or kill any egg-bearing crawfish. (2) Any pers011 having egg-bearing crawfish in any trap or other dev.ice used for the purpose of crawfish tr~pping shall immediately zeturn them. to·· ... the wateT alive and unhalrrned. (3) No person shall clip or otheTWise fl!Dlove ~he eggs from an egg-bearing crawfish. (4) No person shall have in·his possession, s~ll, expose or offer for sale any egg-bearing crawfish or any crawf ish from which eggs have been clipped or otherwise removed. 11. No person holding an exporter's licence shal/1 purchase or have in his possession in any pl:\cc whatso ever any crawfish which mc~isures less than three ;rn(ii three-quarter i:-,1.:lics from the hasc or the horns to the' end or the jack'!t or the tail or which weighs less th.u1 seven ou nccs. 12.-( I) No rerst".'n shall fish for. t:ikc .. :apture. destroy or kill any cr.\\vfish by means or a spear 01r hurpoon or any description e,'\cepf for use as fresh food within the CoJony. (2) No person shall fish for. take. capture, destrov or kill-any crawftsh by means of a trap (either wood dr mcTallic). 13. No person without a licence shall (except f qr the purpose of preserving live cra.wfish for use as fresh food within the Colony} construct :my kraal or use an~ kraal already constructed. or use any barge. fish cat, sack or other contrivance for the purpose of preservin~ crawfish alive, and no such contrivance shall be used unless it has been inspected and approved by the Minister: Provided that vessels equippe<! with fishwells shajlJ pe permitted to transport live crawfish in such wells from a fishing ground to a purchaser1 such transpoh and sale to be completed. without delay. · 14. No cr~wfish gathered within the waters of ttte Colony for~xport shall be offered for sale within or without the Colony unlcss (a) such crawfish have been submitted f ~r inspection in the manner prescribed by thc$e Rules; (b) the e.~portei: or c:inner has obtained . a licence issued bv the Minister in.a form set out 1n the Schedule to these Rules. 15. No person shall buy or sell crawfish :it a pri~c below the minimum price fixed in accord~ncc with tie provisions of these Rules. Exrorter 10 observe size ' limit. U!< oC spc:ir. h:irroon or trap. G.N. 296/1963. U!< oC l;r:i:ils, etc. Cr:1wfish for c.iporr or c:annin; must be brouJ!l\t to port oC entry. Sdrdulc No s:ilc ~low minin,um pria:. Particulars of licence. Schedule. PART III. APPLICATIONS FOR LICENCES. 16.-(1) Any application for an Exporter's General Licence. a Cannci"s Gcnc.-:d Licc.=nce. or a Bulk Exporter's Licence shall be m;::. in writing to the Minister and the Minbtcr may al his discretion grant or refuse; such licence. (2) A Canner's General Licence. an Exporter's General Licence and a Bulk Exponer·s Licence shall be ,drawn -in -accordance -with Forms I.• 2 -~md .3 respec tively, as set out in the Schedule to these Rules. (3) All licences shall be issued in triplicate and shall be signed by or on behalf of the Minister. One copy of each licence shall be issued to the licensee, one copy kept by the Minister, and one copy furnished to the inspector at the port of entry mentioned in the licence who shall keep the same for the- purpose of reference. (4) Every licence shall slate the period of its duration. (5) An application for a Canner's General Licence shall give the following particulars : ~ {a) the kind of species of marine products which it is proposed to purchase; (b) the area or areas in which it is proposed to purchase such marine products; and (c) the port of entry through which exports of .such products will be cleared. (6) An application for an Exporter's General Licence shall give the following particulars : (al the kind of species of marine products which it is proposed to export ; (b) the place: at which it is proposed to pur· chase marine products: and (c) the port of entry through which exports of such products will be cleared. (7) An application for a Bulk Exporter's LJccnce shall statc (a) the vessel or vessels in which the applicant jntcnds 10 export m~rinc product\; (b) the name of the person or persons ,vho own and who operate each such vessel; (c) che name, tonnage, description and r¢gis try of c~:h such vessel ; · (d) the name of the master of each such vessel ; (c) the kind or species n1 marine pro~uct which it is proposed to export; {f) the area or areas in which it is proposctl to purchase marine products; :rnd (g) the port or entry through which export\s of sucl1 products will be clc~rccl. (8) During the open season the owner, operator or :a.ptain, as lhe case m:ty b~, of any vessel not fishing for ixport shall not have more than five hundred cr:rnlfish In board at any one time unless such vessel isl in }ossession of a licence from th'! Minister. 17. Licences shall be issued subject to the follow pg conditions: " (a) A licensl!e who purchases c.·ra wrish shall not ofil!r for sak or clispOSl' of su,:I, c:rnv,.•fish unlc.•ss Ill' has :-ubrnitlt•d th•! .• ,mq for i~-.pcction lo stwh pl'rson or persons ~\$ the ~li11islt•1· may appoint and has paid ih an inspt•dion fc.•c of three cent:; per pound t not,\·ith:;tanclin~ the form in \',:hich such <'raw fish an• Offl•n•cf for salt• nr disp4>s:il J itl lhc ports of Nassau. :\lianii in Florida :md West Palm H1:ad1 in F'lorida .• ind at such other pla(•c:; · as the- Minislt•r ~nay dcsi1:mll,•: ". tb) a licensee shall not buy marine products clsc,~hcrc tJ1;in in the are:i or areas mentioned in the licence:; (c) a licensee ~halJ in rcspc..-ct of each purch:t~ of crawfish made by him prep.ire in quadruplica~ a sales certificate in accordance iA•ith Form 4 Jn thie Schedule lo these Rules and give two copies to thrc inspectc.1r at the port or ports of entry :named therein and one copy to the seller; (d) all marine products c:tportcd under such licence sh:1IJ he: cleared from the port or portlS mcntionccJ therein ; G.N. 106/ 1956. Conditions o! licence. (c) a licence issued in accordance with Form tJ in the Scl1cdulc J1crcto sh~U not authorize the export of m:irinc products except in the vc:ssdl mentioned tl1crcin ; Schedule. Cancell:ition or licence. Fishing arc:i.s. Elql!Oraof conch. C.N. 198/ 19511. Ci.N. 11/ 1960. (f) a 'licensee shall not can or export any species of marine product not covcre.d by the licence; (g) a licensee shall he responsible for a hrc.1c!h cor.1mittc<.1 by his :1~cnt or employc'c of any of tlfo provision!i of lhcs1.: I{ u!t·:;; Ot) a licensee sh..ii. iCndcr ~ monthly report to the Minister or to such pasons ,1s the Minister may direct of all sc:ilc fish purch~1scd by him or on his behalf'. sl:11 ing I he kind of fish purchased, and their Wt!ight, the price paid and the area in which such fi,h \\."Crl! cau~ ht, the first such report to he rcm!er-ed- on:: c.:1~~d.~r m<.>nlh !rom 1h~ d..:tc o! 1hi:: issue of hi.s liccn:c; (i) a licensee sh~II comr,ly with any direction issued by the M inistcr in order lo avoid the crea tion of a nuis:rnce by rcJson oi the clc;rning of fish in any harbour in the Colony; · (j) a licensee shall not buy conch or conch shell unless such conch or conch shell has been taken in the area or areas designated in his licence. 18. The Minister may at any time cancel or sus: pend lhe authority conveyed under any licence for the purchase. export or canning of any Jn;lrine product whenever there exists in ti.~ opinion of the lvtinisler :it scarcity of such marine product for consumption in the Colony. 19. The Minister may from cime to time by notice oublishcd in the Ga=erre and in a ncwspapcr (a) designate fishing nrc:ts h) any part of th-t Colony; (b) fix a minimum price or minimum prices tG be p2id. for crawlish purchased in any designated fishing area. PART IV. CONCJt. 20.-{l) No person shaJI export from the Colony, any edible conch or its shell : · Provided that this Rule shaJI not apply to :in)~ conch shell which is pro'"·ed by the exporter. to the sa:t is fact ion of the Minister, to h:i ve been g:llhered before the I sL Jay of November 1958: Provided further that this Ruic shall not ~f)ply to C.N. 1~1/196~. the cut lip of .1ny conch shcil: Provided further thal this Ruic ,. j1,1ll not apply to C.N.219/J96J. any crushed conch shell which ::> 11roved by the exporter. Lo the satisfac.lion of the Minister, to be inl<!ndcd for export for use in the manufacture of terrazzo. 21. During the period from and including the I st day :of O.c1obcr., un.Lil .and· ·including. .. Lhe J 5l11 ~a v of March in each year no person may gather conch save for the purpme of using such conch as food or !:-bit for consumrtion within the Colony. 22. No person shall, in all that area of water lying within one mile of the coasts of Abaco, Andros, Grnnd Bahama and all that area of water lving within Main Harbour and Nixes Harbour in tl1e ... Birninis: take. capture. destroy or kill any conch other than co11ch of the varieties known as .. King" and "Queen", fpr the purpose of exporting such conch or its shell., Such prohibition shall not apply or extend to the ~aking. capturing and killing of conchs when these ai~' !taken. captured or killed for use as food or bait within ;my of the nbove specified areas. PART V. TURTLE. n All turtle brought -to New Providenci and jntendcd for sale by tender or otherwise must be landed at the City Market Quay in the· City of Nass:rn. efore it is affcrcd for s,.tlc in the fish department of the City Market such turtle sh.all be displ:tyed for ins("Accl ion purposes :md the vcmfor shall notify :in ofli~cr or per.son authorized by the Minister when such tt~rtle is ready to he inspected. The: landing at any othCT ptint in New Providence of turtle intended for s:il.: is $rictly prohihit~d. 24. \\'here turtle are brought to any Out lsland and intended for sale bv tender or otherwise in the Out Island. the vendor shall nolif y one of the following persons.. 1ha1 is to say: Food for loc:11 con sump l;lln. Protection of harbours.. Turtle sotJ ill N:iss:iu. Tunic sold ia Out lsl:and' S.1le of turtle ,hell. Siu of rurtJc. Close s.:ason. G.N. 87 J 1955. C.pture of Nrde on t>cach. Sa 1c: ,wobibiu:d in New Providence. any officer of the Minister; or any person authorized by the Minister; or any peace ofliccr; or any person acting undler the authority of a m:igiscratc or j11st ice of the peace, of such sale and submit such tunk to examination by such per<-::->". 25. Before ofTering any turltle shell whatsoever ror s;ilc by tender or olhcrwise, the vendor shall notify pn oflkcr of or person aulhorized hy the Minister (in the case of New Providcncd, or 0111e of the persons mcin tioncd in Ruic 24 of these Ruic~ (in the c:isc of :rn Out Island) of such i11tc11ded s~tle a111d submit such turtle shell to cxaminaticrn by such pers()n. 26. No person sh::i!! fish for or catch wichin the watcrs·of the Colony, slaughter, have in possession, sell, expose or otTer for s.1lc or purchase in any place who.t socver hawksbill turtle under ithe size of scvcntetn inches from the neck scales to lhe tail pieces or grceln turtle under the size of fifteen inches from the neck scales to the tail pieces. 27. During the period fro1t and including the 1st day of April until and including the 30th day of June ijn each year, no person shall take 011 capture, buy or sell or expose or ·o!Ter for sale on behalf of himself or amy other person in any place whatsoever within the Colomy any loggerhead turtle. 28. No person shall take ot capture turtle on any beach in the Colony. ~,)~ ':'-:'-' i'<:'r:--.'n s;;:?.!l t:?.kc:. buy o: sell or '!1.ri">':r; t•r ~'\• •. ; ., •· • •' "' '•• ...... • "!,., • ,. •• ': ':... =- •.: ~: 0- ~ ,.,;- • • (, • !., ,.,,., r ;,- • '." ~ , I in·~~n;~ pl~~~ ~l;~;~~~~~e~-\\i~hi~-~he·c~i~ny:·;·ny -l~r ·1~ eggs. PART VJ. BONEASH~ 30. No person shall buy. ~11. expose or o~ er fp~ sale on behaJf of himself or an~ oth~r per~on m :lflY place whatsoever in or within tl~rcc m1lcs·of the Islal!ld of New Providence, any boncfish. 31. No person shall take or capture by means of a net on bch:ilf of l1imsc!f or any other person any bonefish within the waters of the Colony: Provided that any rason m:1y U1kc or c;iptur"c on behalf of himself or an.y other r,crson by means of a net which has a minimum stretched mesh of three inches measured from the inner end or one knot to the inner end of the olk.r, in that body of waler in Ocadm~111·s Cay Sou11cl bot•ndcd on the soutl1cast by an im:1gin:1ry li,1c ext<.:nc.ling in a southwcsterly direction from the Government warehouse al J unkcrs Landin!.!. to Burrow·.\ Qly Haukn•cr. L, lhc c~t ~m! west by the main 1and of Long 1s1and a.,d to the north and west by an imaginary line extending in a westerly direction from Fowl Cav to Little Turtle Rock and thence in a southerly clircc'tion to the western end of Sandy Cay, Long Islanu. PART VII. STONE CRAB. Ncrtin~ proh i.h, led. GN. 57 / 1959. 32. No person shall, within two miles of the coast Kl!lini: etc. of the islands of the Biminis and Grand Bahama, prohibited. whether on behalf of himself or any other person, take, capture, destroy or kill or have in his possession any stone crab. PART VIIL SPEARFISHING. 33.-(1)" No person shall take. capture, destroy or kill any marine product by means of or whilst using any SF,arfishjng app.iratus wjthin the fotlowing areas : (a) that body of water extending northwnrdly from lhc coast line of New Providence Island bclwccu East End l>oint and Clifton Point and bounded on the e:?st by an imaginary line drawn from the said East End Point on New Providence Island to the eastern end of Athol Tsland on the north by Athol Island. thence by an imagin:1ry line joining the western end of Athol Island to the easternmost point of Paradise Is1:rnd (Ho~ Island). thence by Paradise Island (Hog JslandJ. thcucc by Prohibircd arc1s. G..N. UJ 1956. SJ. 65 / 1965. G..N. 57 / 1959. Protrct:cd 2rc.u. SJ. 65 ! 1965. an imaginary line joining the western end of Pnr;: dise Isl:ind (Hog lsl:rnJ) to the easternmost point of Silver CJy, tlle11cc by Sil\'er Cay, thence b)r an imaginary line joining the ,vcstcrn end of Silver Cay to the eastern end of Long Cay. t hcncq by an imaginary line joining tht! wc,tcrn e11d of Long Cay to the e:1~lcrn end of Norti1 Cay. thence by North Cay, theilcc 1)y an ima~ina:-y lit;e .ioi11i11~ the western end or North Cay to an im:lgi11ary fl()int OIJC mile due nor!h of Norlhwcst Point 011 :'-:cw Provic.iencc Jsl:ind on ,the northwc:,;t L,y :in im:11!in:,r li11c Jr:1wn frnm tile aforesaid j)()i11t unc mile dttc: north of Northwc:st · Point to :mot hc:r imaginary poi11t one mile due west or Goui4Jing Cay \\'h ich l ics oIT the WC-btcrn end of N cw P ro\·i dcncc Island and 011 the southwest by an i111:1:;.in1:1ry line drawn from tlic s:1id point one mik Jue 1\·cst of Gouldin:.!. Cav to CliftLm Point at the \\'\.~sltcrn end of New ~hov.idcnce bland ; (b) th::it body of water lying between P:1r:1clise Island (Hog Island) and Athol Island commonly known as "The N:1rrows" and which compris~~ the area known as "The Sea Gardens''. (2) No person shall take, capture, destroy or kill any marine product anywhere within the waters of the Colony by means of or whilst using any prohibited apparatus. (3) No person shall knowingly buy, sell, exposc.l tor sale, off er for sale or export any marine product which has been taken, captured, destroyed or killed :rny\vhere within the Colony by means of any prohibited appara tus or any spearfishing apparatus, or ,vhich h~s been taken, captured, destroyed or killed anywhere within the waters of the Color.:,' by a person when using any prohibited apparatus or any spearfishing apparatus. (4) No person shall engage in any spearfishing tournament or competition within the watcrs 0f the Colony. 34. No person shall take. capture or kill. uproot or destroy any kind of marine product other th:in fish or crawfish within one-half t'Jlllilc of the coast :it low water mark of North Cay which lies ofT th«:! nortlhl.!rn coast of the Island of New ·Providence. PART rx. fACTORIES FOR THE PRESERVATION Of ~ARINE PRODUCTS. 35.-(l) All factories for the preservation of marine products shall be open for inspection at any rc:1sonahlc timl! by any person authorized by these Rules to inspect such foctories. A person so authorized may inspect a factory for the preservation of marine products at any reasonable time and a E=annc~ shall produce for inspection at the request of sLich" ·omcer any .accounts -prescrjbcd by tl1csc Rules. (:!) The prn:),·:etor of such factory shall keep accounts of ali .narine products purchased and exported by him. Such. accounts shall be open to inspec tion by any per.son authorized by these Rules to inspect such factories, and the proprietor of any such factory shall render to the Minister at the end of each calendar month a scatem~nt showing therein particulars of such products purchased :.md exported during that month. PART x. APPOINTMENT OF INSPECTORS. IMpcctioq of factories .:iniJ :iccounts. 36.-(1) The Minister shall appoint inspectors who Powers ;c shall exercise the powers and duties conferred or impcctot" imposed upon them by these Rules. (2) An inspector shall have tho following powers:-, Cl(a) to keep a register of :ill licensed exporters and canners who purchase marine products ; {b) to count and weigh during such months of the yc:rr ,md such J1ours of the day as the Minister may direct any crawJish brought to any port of entry within or without the Colony; (c) to procure from the holder of nny licence issued in accord:ince with Rule 16 of these Rules a copy of a sales certificate for c:cch ~d every sale of crawfish m:ide in respect of such licence; (d) to inspect and examine any marine products; (e) to inspect and examine any ve:ssel in which any marine product is exported ; Power of inspector to sell 1<:izcd products. PART XIL DISPOSAL OF SEIZED MA8.INE PRODUCTS. 38.-(1) Any marine prod4cts seized under the provisions of the Act or of th<i:se Rules shall where practicable be t~kc1i to the nc<1rest port of entry or place of landing by the inspector who has seized them, and such inspector may use for the purpose Clf convei)' ing stich products to such port of entry or pla~c t)( landing the boat in which such products were seized, and may thereupon sell such products. (2) The proceeds of any salq conducted under tljte provisions of p~tragraph ({) of this Rule shall be deposited in the court of the m:.u;.istrate within whose jurisdiction the sale took place. and such mngistr:ilc shall dispose of them as follows : ,.. (a) where any person is charged with an off encc :1gainst these Rules or any l:..iw relating to marine products. such offence being related to marine products seiz~c.J and sold in accordance with the Act or these Rulc:s. and th<.! proceeds of the sale of such products being in the court or trial o:- :111y a:1::.:r court tl11.: tri:il m:1ii.s1r:11t.: 111~1y uron the con\. ict1ur. of such pt.:rson orc.kr the procl!cJs of such sale to be forfeited, but ir sw.:h person is acquillcd the trial magistrate shall onkr the pro ceeds of such sak to be rel urned to such p1.:rson: (b) · if no £cuch chargi; is pi·dcn-~ or iI .such a charge is withdrawn then any person having an interest in the procec!ds of such sale may apply to the court in which such proceeds arc! deposited and the court may order that such proceeds shall be paid lo such person ; (c} where 110 proceedings are taken as pro vided in subparagraph (a) or (b) of this par:igraph within twelve months of the payment into court of such proceeds then such proceeds shall be forfeited and shall be paid into the Public Treasury of the Colony. PART XIII. PENALTIES. 39.-(1) Any person who wilfully obstructs or resists any inspector in the execution of his duties under these Rules shall be guilty of an ofTcnce and sh:ill be liable~ summary conviction to the penalty provided by sect.ion 6 of The Agriculture :md Fisheries Act. ·Q) Any person who commjts a breach of these Rules shall be guilty of ~111 "-,(Tcncc nnd if no other penalty i~ imposed by the Act or these Rules sh~,11 be li:ible on summary conviction to the penalty provided by section 6 of The Agriculture and Fisheries Act. (3) If the bolder of a l iccnce (aJ fails to comply with the provisions of these Rules ;or (b) commits a bn:ach of :mv or the laws of the Colony in connection with purcb:ising for export or exporting ,my mnrine products9 the Minister may in addition to any other penalty cancel or suspend the licence of such person. Licence m:iy :ib,<' t,c su~pcndcd. S.I. 6S I l96J. SCHEDULE. THE AGRICULTURE AND FISHERIES ACT. Rules 3 and 16. FORM 1. CANNER'S GENERAL LICENCE. Licence No ...................••. Place and date of issue ...................................................... . I. ············· ...... ···························of. ...................... . .is hc.reby lia:nscd :Jo. C11pge jn the purchase for .onnin g or p;c: .. t• vation of 1he fol1owing m:irine products as listed at the undermen tioned fishing area or arc:is designated MARINE PRODUCTS FISHING AREAS 2. Port -through which marine products bought under this licence must be cleared ...................................................... . 3. This licence is issued subject to the compliance by the licensee with the conditions specified in The Marine Products (Fisheries) Rules. 4. This licence expires on the............ of ...••....... 19 .••••• ········ ············ ......................... . (Signature 011d office of officer issuing lice,rcc.) THE AGRICULTURE AND FISHERIES ACT. Rules 3 and 16. FORM 2. EXPORTER'S GENERAL LICENCE. Licence .No •....••.•............. Pl.ace and date of issue .....•...•....•.•..........••..•.....••.............•.• l. . ....................................... of. •...........•....•...•.•..••• is hereby licensed to engage in the purchase for export and ship ment for cxpon of the following marine products as listed at the undermentioned fishing ::lf'C!lS MARINE PRODUCTS flSHING AREAS ·---------··················-· ........ . ············--··----....... . 2. Pon through which marjnc products bought under this licence must be cleared •...••...•..•..•• ~--································ 3. This licence is issued sub~ct to lhc comf'liance by the licensee with the conditions spc:citicd in The M:&rinc P.r<'duc1s (Fisheries) Rules. 4. This licence expires on the .......... ,. of ............ 19 ....•• (Signal 11re and office of off,ccr issuing licc11c,•). THE AGRICULTURE AND FISHERIES ACT Rules 3 2nd 16. FORM 3. BULK EXPORTER'S LICENCE. Licence No ......................•.. Place and date of issue .................................................... . I. .................................. of ................................... . is hereby licensed t !) engage in the purchase :ind export of the following marine products :is listed from the undermentioned fish• ing areas MARINE PRODUCTS FISHING AREAS Nan1e of vessel ............................................................... . Home port ................•••....•.•.•.••...•••.•......•.•....•••••...•••...•.•• Tonnage ........................................................................ . Dcscri plion .....•..•...•••••.•••.•..••.••••••.•.••.•.•..•••.••••••••....•••••.••• Name of owner ............................................................... . Name of master ............................................................... . 2. Port through which marine products bousht under this licence must be cleared ...................................................... . 3. This licence is issued subject to the compliance by the licensee with the conditions specified in The Marine Products <.Fismrici") Rules. 4.. This licence i:xpires on the............ of ............ 19 ..... . ·-··· .................................. . (Signal 11rc aucl office of oDic<"r is:mi11g licc-nc·e.) THE AGRICULTURE AND FISHERIES ACT. Rule 17. FORM 4. SALES CERTIFICATE. Fishing Jarcas ••o••···················· .......... ·-····················· .• D~ti:....... ..•.••••••....•• • ••••