Sponge Fishery Law (Chapter 146)

2 CAP. 146.] SPONGE FISHERi•'. CHAPTER 146. SPONGE FlSHEl{Y. To PtmVIDE FOH TIIE BETTER H.EGULATION OF Till~ CYPRUS SPONGE F1smmY. ARRANGEMENT OF SECTIONS. Sntiou l Short Li lie .PART I. GHJ\NTS OF EXCLUSlVE. UCENCl~S. l Governor may grant exclusive right 3 Manner of making grants .. 4 Grant to specify rent, term, and conditions 5 Security to be given by the gmnlcc 6 l'cnalty for sponge fo;hing without pcrmi:.sion I'ART IL c;ENEH,\I. UCENC1-:s AND l'E.NAL l'HOVlSIONS. L. 2 3 3 3 J 7 1 llegal lishing for sponge .l l'I Special licences 3 9 Power o{ Governor to restrict sponge fishing 4 IO OIIenccs 4 I l Forfeiture of sponge 4 I 2 Licences 4 1., \Jnlaw(ul possession o[ sponge .'i 14 Dcclamlion of sponge /a.ndcd 5 15 Power to detain and search vessels 5 If> P11ty of hoats to bring ·1.0 • • 5 1949 [12th ll1 ay, 1890.] Cap. 1CJ2. Short title. (;ovcrnor may granl: c.xdu5ivc right. 1. This Law may be cited as the Sponge Fishery Law. PART l. GRANTS OF EXCLUSIVE LICENCES. 2. The Governor, whenever he shall deem it expedient in the interest of the public revenue, may grant to any person or body of persons (hereinafter called the grantee) the cxclusi vc licence to use vessels or boats in iishing for sponge on the coasts of Cyprus or on any specified part thereof, subject to such conditions as the Governor shall approYc. SPONGE FISHERY. [ CAP. 146. 3. Every grant made under this Law shall be made Manner · · · d I I f I ·· or making m wntmg un er t 1e mnd o t 1e C1overnor and the oflicial grants. seal of the Colony, and may be made for any term not exceeding ten years. 3 4. Every such grant shall provide for the payment by l~ra.,!t lo the grantee of an annual sum in respect of the licence, ;~~:::\,:;;"'· an<l shall specify the tenn for which and the part of the con<Iitinns. coast in respect of which the licence is granted, and the conditions upon which it is held. 5. Before the making of any such grant the proposed grantee shall give such security as the Governor shall approve for the punctual payment of the annual sum reserved by the grant. Security to he given by lhc grantee. 6. Every person who <luring the continua.nee of such l'unalty ror 11 1 f r. ] • sponge grant sha use any vcsse or boat for the purpose o JIS ung n~hing for simnge on any part of the coast in respect of which w,Uu~ut I d . . . f per1111ssmn. the grant 1as been ma e, without the pcrm1ss1on o · the grantee, shall be guilty of an offence ; and for every such offence shall be liable to a fine not exceeding one hundred pounds ; and all vessels and boats so used shall be liable to seizure and may be forfeited at the discretion of the Court before which the offence is tried. One-half of every fine imposed and actually recovered under this section shall be paid to the grantee within the limits of whose grant the offence was committed. PART 11. GENERAL LICENCES AND PENAL PROVISIONS. 7. It shall be unlawful for any 11erson- Ulc~al fishmg for (a) to fish for sponge within the territorial waters of sponge. Cyprus unless he is duly licensed in that behalf under the provisions of this Law ; or (b) to use any trawling or scratching apparatus or appliance of the like nature in fishing for sponge within the said waters, unless specially licensed so to do as hereinafter provided. 8. The Governor may grant permission by special ~pecial l. d 1 . 1 1 t t 1· hccncci1. 1ccnce un er us mnc o any person o use any app iance specified in the licence for the taking of sponges within any part of the territorial waters of Cyprus, and may 4 CAP. 146.] SPONGE FISHERY. ····-·-·--- .. ----· l'oWt!r .. r (:ovcrnor l:o restrict sponge lishinJ!. Ollcnccs. For!c.ilurc or sponge. 1.kencci:;. annex to the licence any conditions he n1ay consider. expedient. Every person who within the territorial waters of Cyprus acts contrary to any condition stated in such special licence or uses any appliance not specified therein shall he guilty of an offence against this Law. 9. The Governor may, not later than the 30th April in every year, specify, by proclamation published in the Gazette, the limits within which sponge fishing shall be carried on by persons duly licensed in that behalf during the year ; and any person fishing for sponge in the territorial waters of Cyprus without those ]imits shall be guilty of an offence. 10. The master and each member of the crew of any boat or vessel whereon or by n1cans of which an offence against any of the provisions of the la.r;t three preceding sections is committed, shall be liable to a fine not exceeding twenty-five pounds, and the vessel or boat whereon or by means of which the offence was committed shall be forfeited, together with her tackle, apparel, and furniture: Provided that no member of the crew of any boat or vessel shall be guilty of an offence against this Part of this Law by reason only of an act done in obedience to the master or person in charge of the boat or vesse1. 11. All sponge taken otherwise than in accordance with this Law or with the conditions of any licence issued under this Law shall remain and be the property of the Government. 12. (1) The Governor in Connell may prescribe thG charges, terms and conditions under which licences enabling any persons to fish for sponge within the territorial waters of Cyprus may be granted, and may appoint such persons as he shall think fit to issue such licences. (2) Any person committing a. breach of or failing to comply with the terms of any licence granted under this Law shall be liable to a fine not exceeding one hundred pounds, without prejudice to any other penalty to which he may be liable : Provided always that no person shall be punished twice for the same offence. SPONGE FISHERY. [CAP. 146. 13. Any person having in his possession, custody, Unta.wf ul t 1 d. ·t· 1 . ti t 't l J)OIIS<.,'llSIOII con ro , or 1spos1 1011 any sponge, <nowmg · Kl. 1 1as or spnn~~ becn taken in contravention of this Law, shall be liable to a line not exceeding twenty pounds and the sponge shall be forfeited. 14. All sponge taken by any licensed boat within the territorial waters of the Colony and landed shall be declared at the nearest Custom House as having been so taken, and the quantity and value thereof shall be stated in the dec1aration. In default of such declaration, the sponge shall be presumed, in the absence of proof to the contrary, to have been taken beyond the tcrri to rial waters and to be liable to import duty. 15. Any Officer of Customs or any officc1: ia atmmand or ci.large of all¥ ~sscl or boa,t· -in I-leJ.· Majesty's Na-vy may, within the territorial waters of the Colony, detain, go on board, and search any vessel found fishing or w;hich may reasonably be suspected to have been fishing or to be about to fish for sponge within the waters of the Colony. · Any unlicensed boat or vessel which may be found within the waters of Cyprus with freshly taken sponge on board shall be deemed to have commi ttc<l an offence against this Law unless and until it is proved that the sponge was not in fact taken in contravention of this Law. Declaration or !1p1111gc huulcd. 1.'owc,· lo detain and !IC!l,rch Vtl!l!lds. 16. lf any boat or vessel within the territorial waters of Duty"' C I 11 l . l . l l b boats to lhc olony s ia not Jrmg tow 1cn reqmrec to< o so y any bring to. boat or vessel in charge or conunand of an OJTiccr of Her Majesty's Navy or of an Officer of Customs, the master of such first-named boat or vessel shall on conviction, pay a fine of ten pounds ; and on such boat or vessel being chased by any boat or vessel in such charge or command as aforesaid, it shall be lawful for the officer in charge or command (having first caused a gun to be fired as a signal) to fire at or into the boat or vessels so chased as aforesaid ; and any officer or other person acting on his order or by his direction shall be and is hereby indemnified and dis charged from any prosecution, penalty, action or proceeding. 5