Fisheries Act 1987

LAWS OF DOMINICA FISHERIES ACT CHAPTER 61:60 Act 11 ofl987 Cu"ent Authorised Pages Pages Authorised (inclusive) byL.R.O. 1-24 111991 • 2 Chap. 61:60 LAWS OF DOMINICA Fisheries Note on Subsidiary Legislation The FisheriesRules (S.R.O.1O/1939)(containedin Vol.Vof the 1961 Ed. (page239) andpreserved by section40 of theAct) havebeenomitted. LAWS or DOMINICA Fisheries CHAPTER 61:60 FISHERIES ACT ARRANGEMENTOF SECTIONS PART I PRELIMINARY SECTION 1. Short title. 2. Interpretation. Chap. 61:60 3 PART II FISHERIES MANAGEMENTAND DEVELOPMENT 3. Promotion of fisheries. 4. Fisheries management and development plan. 5. Fisheries Advisory Committee. 6. Regional cooperation in fisheries management. 7. Fisheries access agreements. 8. Foreign fishing licences. 9. Stowage of fishing gear. 10. Observation oflaws. II. Local fishing licences. 12. Validity of fishing licences. 13. Conditions of fishing licences. 14. Fees, royalties and other charges. IS. Cancellation or suspension of fishing licences. 16. Notices. 17. Fish processing establishments. 18. Local fisheries management areas. 19. By-Laws. PART III MARINE RESERVES AND CONSERVATIONMEASURES 20. Fishing priority areas. 21. Leasing of land for aquaculture. 4 Chap. 61:60 SECTION LAWISUtI" UUMlNIL:A Fisheries 23. Fisheries research. 24. Prohibited fishing methods. 25. Possession of prohibited fishing gear. PARTlY ENFORCEMENT 26. Designation of authorised officers. 27. Powers of authorised officers. 28. Sale of perishable goods seized. 29. Immunity of authorised officers. 30. Assaulting or obstructing authorised officers. 31. Liability of master. 32. Court's power offorfeiture. 33. Presumptions. 34. Onus of Proof. 35. Disposal of vessel, etc., forfeited. 36. Jurisdiction. 37. Minister's power to compound offences. PARTY GENERAL 38. Regulations. 39. Exemptions. 40. Savings. LAWS OF DOMINICA Fisheries CHAPTER 61:60 FlSHERlES ACT Chap. 61:60 5 AN ACT to make provision for the promotion and regulation of 11 of 1987. fishing in the fishery waters of Dominica and for matters incidental thereto and connected therewith. [2nd July 1987] PART I PRELIMINARY 1. This Act may be cited as the FISHERIES ACT. 2. In this Act "access agreement" means an agreement under section 7; "aquaculture" includes mariculture; "authorised officer" means any fisheries officer, any customs officeror police officer and any other person or category of persons designated as an authorised officer by the Minister under section 26; "Court;' means a Magistrate's Court; "ChiefFisheries Officer"means the personappointedas ChiefFisheries Officer under section 3 (2)(a) ; "fish" means any aquatic animal. whether piscine or not and includes any shellfish. turtle, mollusc. crustacean, coral. sponge, echinoderm, its young and its eggs; "fish aggregating device" means any man-made or partly man-made floating or submergeddevice, whetheranchored ornot, intended for the purpose of aggregating fish, and includes any natural floating object on which a device has been placed to facilitate its location; "fisheries officer" means the ChiefFisheries Officer, Fisheries Officer, or Assistant Fisheries Officer and any other officer appointed - - .' - -- '" ........,, Commencement. Short title. Interpretation. 6 Chap. 61:60 LAWS OF DOMINICA Fisheries "fishery" means one or more stocks offish or fishing operations based on such stocks which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational or economic characteristics; "fisheries plan" means the plan for the management and development of fisheries prepared under section 4; "fishery waters" means the waters of the exclusive economic zone, territorial sea and internal waters as defined in the Territorial Sea, Contiguous Zone, Exclusive Economic and Fishery Zone Act and any otherwaters over which Dominica claims fisheries jurisdiction; "fishing" means fishing for or catching or taking or killing fish by any method or placing, searching for or retrieving any fish aggre gating device and includes searching for fish; "fishing licence" means a foreign fishing licence or a local fishing licence; "fishing vessel" means any vessel used for commercial fishing or related activities and includes sport fishing; "foreign fishing licence" means a licence issued in respect of a foreign fishing vessel under section 8; "foreign fishing vessel" means any fishing vessel other than a local fishing vessel; "licence" means a licence issued under this Act; "local fishing licence" means a licence issued in respect of a local fishing vessel under section II; "local fishing vessel" means any fishing vessel (a) wholly owned by the Government or by any public corporation established by or under any law; (b) wholly owned by one or more persons who are citizens of Dominica; or (c) wholly owned by any company, society or other asso ciation ofpersons incorporated or established under the laws of Dominica ofwhich at least fifty-one per cent of Fisheries Chap. 61:60 7 "locally based foreign fishing vessel" means any foreign fishing vessel based in Dominica which lands all its catch in Dominica; "master" means the person or persons having control ofa fishing vessel atany giventime, and includes afishing master, fleetcornrnander or pilot having control of such vessel; "Minister" means the Minister responsible for Fisheries; "related activities" in relation to fishing means (a) trans-shipping fish to or from any vessel; (b) storing, processing or transporting fish taken from the fishery waters up to the time it is first landed; (e) refuelling or supplying fishing vessels or performing other activities in support of fishing operations; or (d) attempting or preparing to do any of the above; "test fishing operations" means any fishing undertaken over a limited period of time with the approval of the ChiefFisheries Officer for the purpose of testing the feasibility of commercial fishing operations with a view to the establishment of locally based fishing operations. PART II FISHERIES MANAGEMENT AND DEVELOPMENT 3. (1) The Minister shalltake such measures as he thinks fit under Promotion of this Act to promote the management and development of fisheries, so fisheries. as to ensure the optimum utilisation of the fisheries resources in the fishery waters for the benefit of Dominica. (2) The Minister may provide for the appointment of (a) a Chief Fisheries Officer, and (b) such other Fisheries Officers, Assistant Fisheries Officers and other officers as may be necessary to give effect to this Act. 4. (1) The Chief Fisheries Officer shall prepare and keep under Fisheries . 1 ~ th d d 1 f fi h . . th management andreview a p an lor e management an eve opment 0 s enes III e development fishery waters. pion. 8 Chap. 61:60 Fisheries Fisheries Advisory Committee. Regional cooperation in Fisheries Management. (2) The fisheries plan shall (a) identify each fishery and assess the present state ofits exploitation; (b) specify the objectives to be achieved in the management of each fishery; (c) specify the management and development measures to be taken; and (d) specify the licensing programmes to be followed for each fishery, the limitations, ifany, tobe applied to local fishing operations and the amount of fishing, if any, to be allocated to foreign fishing vessels. (3) The fishery plan and each review thereof shall be submitted to the Minister for approval. 5. (1) The Minister may appoint a Fisheries Advisory Committee to advise on the management and development of fisheries. (2) Any Fisheries Advisory Committee appointed under this section shall include the ChiefFisheries Officer and such other persons as the Minister may consider capable of advising on the management and development of fisheries. 6. (1) The Minister may enter into arrangements or agreements with other countries in the region or with any competent regional organisation, providing for (a) the harmonisation of systems for the collecting of sta tistics, and the carrying out of surveys and procedures for assessing the state of the fisheries resources; (b) theharmonisationoflicensingproceduresandconditions in respect of foreign fishing vessels; (c) schemes for the issuance offishing licences in respectof foreign fishing vessels by a competent regional or ganisation on behalfofthe Minister and the recognition of regional licences issued by such organisation, sub ject to such conditions as may be specified in the agreement or arrangement and to such additional con ditions as the Minister may specify from time to time; Fisheries Chap. 61:60 9 (d) the takingofjointorhannonisedenforcementmeasures in respect of foreign fishing vessels contravening fisheries laws in the region; (e) the establishment and operation of joint or regional fisheries management bodies where appropriate; (f) where appropriate, the establishment of a regional register of fishing vessels; (g) such other co-operative measures as appropriate in cluding measures for promoting the welfare of fisher men and the insurance of fishing vessels and gear. (2) For the purpose of giving effect to any arrangement or agreement entered into under this section, the Ministermay by Order (a) authorise any competent regional organisation desig nated in the Order to issue fishing licences in respect of foreign fishing vessels on behalfof the Minister, within the limits set out in the Order; (b) exempt from the requirements ofsection 8 any foreign fishing vessel or class offoreign fishing vessels holding a valid regional fishing licence issued by a competent regional organisation designated in the Order; and (c) prescribe the conditions to be observed by foreign fishing vessels exempted under paragraph (b) while fishing or navigating in the fishery waters. (3) Any Order made under subsection (2) shall be subject to negative resolution of the House. 7. (1) The Minister may enter into access agreements with other Fisheries access states and with associations representing foreign fishing vessel owners agreements. or charterers, providing for the allocation of fishing rights to vessels from these states or associations. (2) The fishing rights allocated under agreements entered into under this section shall not exceed the total resources or amount of fishing allowed to the appropriate category of foreign fishing vessels under the fisheries plan. (3) Any agreement entered into under this section shall include a provision establishing the responsibility of the foreign state or association to take necessary measures to ensure compliance by its 10 Chap. 61:60 Fisheries Foreign fishing licences. Stowage of fishing gear. vessels with the terms and conditions ofthe agreement and with the laws relating to fishing in the fishery waters. (4) For the purposes of this section and section 8 the term "state" shall include any regional organisation to which the power to negotiate access agreements has been delegated by the member coun tries. 8. (I) No foreign vessel shall be used for fishing or related activities in the fishery waters without a valid foreign fishing licence issued under this section. (2) Subsection (I) shall not apply to any foreign fishing vessel used purely for the purpose of sports fishing. (3) An application for a foreign fishing licence shall be made, in the prescribed form, to the Minister or to a competent regional organisation authorised to issue fishing licences under section 6 (2) (a). (4) Subject to the provisions of this Act and any Regulations made under this Act, the Minister may issue a foreign fishing licence authorising a foreign fishing vessel to be used in the fishery waters for such fishing or related activities as may be specified in the licence. (5) Subjectto subsection (6), no foreign fishing licence shall be issued to any foreign fishing vessel unless there is in force with the Government of the flag state of the vessel or with an association of which the owner or charterer is a member, an agreement entered into under section 7 to which the Government of Dominica is a party. (6) Subsection (5) shall not apply to a licence issued in respect of (a) test fishing operations; or (b) a locally based foreign fishing vessel. (7) Where a fishing vessel is used in contravention of subsec tion (I) or of any condition of the foreign fishing licence the master, owner or charterer of that vessel is each liable to a fine of five hundred thousand dollars, and in default ofpayment thereofto imprisonment for five years. 9. (I) The fishing gear of any foreign fishing vessel, which is prohibited by section 8 from fishing within the fishery waters, shall be stowed in such manner as may be prescribed by Regulations, while within fishery waters. Fisheries Chap. 61:60 11 (2) For the purposes of this section and the Regulations pre scribing the mamier ofstowage, the term "fishing gear" includes any net, line, hook, float, pole, rope, trap, boat or helicopterthat may be used in the act of fishing. (3) Where the fishing gearofany foreign fishing vessel referred to under subsection (I), is not stowed or secured in the manner prescribedby Regulations made undersection 38(1)(j) while suchvessel is within the fishery waters, the master, owner and charterer of that vessel is each liable on summaryconviction to a fine oftwo hundred and fifty thousanddollars and in default ofpayment thereoftoimprisonment for twelve months. 10. No licence shall relieve any foreign fishing vessel or its master Observation of or crew of any obligation or requirements imposed by law concerning laws. navigation, customs, immigration, health or other matters. 11. (1) Subject to subsection (2), no local fishing vessel shall be Local fishing used for fishing or related activities in the fishery waters without a valid hcences. licence issued under this section in respect of that vessel. (2) Subsection (1) shall not apply to any local fishing vessel used purely for the purpose of sport fishing or fisheries research operations. (3) An application for a local fishing licence shall be made in the prescribed form to the Minister. (4) Subject to subsection (5), the Minister may issue a local fishing licence in the prescribed form. (5) No application for a local fishing licence shall be refused except on any of the following grounds: (a) that it is necessary to do so in order to give effect to any licensing programme specified in the fisheries plan; (b) that the Chief Fisheries Officer has reason to believe that the applicant will not comply with the conditions of the licence; (c) that the vessel in respect of which the application is made does not have a valid certificate of inspection where so required under the laws governing merchant 12 Chap. 61:60 Fisheries shipping, or is not in compliance with Regulations prescribed under section 38 relating to the safety of the vessel; or Validity of fishing licences. Conditions of fishing licences. (d) such other grounds as are specified in this Act or any such Regulations made under this Act. (6) Where a local fishing vessel is used in contravention of subsection (1), or of any condition of the local fishing licence, the master, owner and charterer of that vessel is each liable on summary conviction to a fine of ten thousand dollars and in default of payment thereof to imprisonment for twelve months. 12. (1) Unless earlier cancelled in accordance with section 15, a fishing licence shall be valid for a period of not more than twelve months. (2) Where a vessel licensed as a local fishing vessel becomes a foreign fishing vessel, the licence shall automatically terminate. (3) The term of a foreign fishing licence shall not extend the term of validity of the applicable access agreement. (4) No licence shall be transferable. 13. (1) Every fishing licence shall be in the prescribed form and shall be subject (a) to such general conditions as may be prescribed; (b) to such general conditions as may be specified under subsection (2); and (c) to such special conditions as may be specified under subsection (3). (2) The Minister may, by Order, specify general conditions additional to those prescribed to which all fishing licences or any category of fishing licences shall be subject including conditions relating to open and closed seasons, prohibited fishing areas, minimum mesh sizes and minimum species sizes. (3) The Minister may attach to any fishing licence such special conditions as he may think. fit, which may include an increase of the fee payable for issue of the licence. Fisheries Chap. 61:60 13 (4) The Ministermay from timeto time, wherehe is satisfied that it is expedientfor thepropermanagement of fisheries in the fishery waters,vary any special conditionsattachedto any fishing licence. (5) Wherethe Ministervaries any specialconditionsattached to anyfishinglicencehe shallnotifythelicenceholderof thevariations as soon as practicable. 14. There shallbe payablein respectof everyfishinglicence such Fee" royalties fees as may be prescribed and such royalties or other charges as the ~r;~~r Minister may determine. 15. (I) TheMinistermaycancelorsuspenda fishinglicenceonany of the grounds set out in subsection(2), (2) Afishinglicencemaybe cancelled or suspendedwherethe Minister is satisfiedthat (a) it is necessaryto do so in order to allow for the proper managementof any particularfishery; (b) the vessel in respect of which the licence has been issued has been used in contravention of this Act or of anyRegulationsmadehereunder, orofanyconditionof thelicenceor in breachof anyapplicable accessagree ment; or (c) he is requiredor authorised to do so in accordancewith the provisions of any arrangement or agreement en tered into under section6. (3) Where a fishing licence has been cancelled or suspended undersubsection(I),notificationofthecancellationorsuspension shall be given to the person to whomthe licencewas issued. (4) Wherea fishinglicencehasbeensuspendedorcancelledon the ground specifiedin subsection(2)(a), a proportionof any feespaid for the fishinglicencerepresenting theunexpiredperiodof that licence or the periodof suspension, as the casemay be, shallbe reimbursedto the licencee at his request. Cancellation or suspension of fishing licences. 16. (I) Anynotification givenundersection13(5)orsection15(3) Notices. shall be in writing,except as otherwisespecifiedin subsection(2). 14 Chap. 61:60 Fisheries Fish processing establishments. Local fisheries management areas. By-laws. (2) In thecaseofaforeign fishing vessel, anotification referred to in subsection (1) may be in writing or by telex, radioor suchother form as the Minister considers appropriate. 17. (l) TheMinistermaygrantto anypersona licenceto operate a fish processing establishment on payment of suchfees and subject to suchconditions as maybe prescribed from timeto time. (2) Anypersonwho (a) operates or allows to be operated any fish processing establishment exceptunderalicencegranted underthis section; or (b) operates or allows to be operated any fish processing establishment in contravention of any condition of a licencegranted under thissection, is liableonsummary conviction to a fine of fivethousand dollarsandin defaultof paymentthereofto imprisonment for twelvemonths. (3) In this section "fish processing establishment" means any land, premises or other place on or in which fish are canned, dried, gutted, salted, iced, chilled, frozen or otherwise processed for sale by wholesale in or outsideDominica. 18. (I) The Minister may by Noticepublished in the Gazette (a) designate anareaasa localfisheries management area; (b) designate anylocalauthority, fishermen's co-operative or fishermen's association or other appropriate body representing fishermen intheareaastheLocalFisheries Management Authority for that area. (2) Where thereis noappropriate body representing fishermen in the area, the Minister may promote the formation of such a body. (3) TheChiefFisheries Officershall, to theextentheconsiders it practicable, provide to anyLocalFisheries Management Authority, suchassistance asmaybe reasonably necessary for theperformance of its functions. 19. (1) ALocalFisheries Management Authority designated under section 18(l)(b) maymakeBy-laws, not inconsistent withthis Actor anyRegulations madeunderthisAct,regulating theconductof fishing ooerations in the desianated area. Fisheries Chap. 61:60 15 (2) By-laws made under subsection(I) shall be approved by the Minister and published in the Gazette before they come into effect. (3) By-laws made under subsection (I) may provide that a breach of any by-law constitutes an offence and may provide for penalties on summary conviction by way of fine of one thousand dollars, and in defaultofpayment thereof, imprisonment for six months. PART III MARINE RESERVES AND CONSERVAnON MEASURES 20. The Minister may, by Order, declare any area of the fishery Fishing priority waters to be a fishing priority area, where he considers that special areas. measures are necessary to ensure that authorised fishing within the area is not impeded or otherwise interfered with. 21. (I) The Minister may lease any land including areas of the Leasingofland foreshore and sea-bed for the purposes of aquaculture, ifhe is satisfied for aquaculture. after such enquiry as he may considernecessary that such lease will not substantially prejudice the rights of the members of the public thereto and such lease shall be in conformity with any Regulations made under section 38 relating to the leasing ofland for aquaculture. (2) The provisions of the State Lands Act shall apply, mutatis CIt.53,01. mutandis, to the leasingoflands including foreshore and sea-bed for the purposes of aquaculture under this section. (3) Notwithstanding any provisions ofthe State Lands Act the Minister shall, by Notice published in the Gazette, give particulars of any lease granted under subsection (I) giving the boundaries ofthe area leased and the Minister may restrict and control by Regulations made under section 38, the use ofsuch land including foreshore or sea-bedby members of the public. 22. (1) The Minister may, by Order, declare any area ofthe fishery Marine reserves. waters and, as appropriate, any adjacent or surrounding land, to be a marine reserve where he considers that special measures are necessary (a) to afford specialprotection to the flora and fauna ofsuch areas and to protect and preserve the natural breeding ground and habitats of aquatic life, with particular rezard to flora/fauna in danzer of extinction: 16 Chap. 61:60 Fisheries Fisheries research. (b) to allow for the natural regeneration of aquatic life in areaswhere suchlife hasbeendepleted; (c) to promote scientific study and research in respect of suchareas; or (d) topreserve andenhancethenaturalbeautyofsuchareas. (2) Anypersonwho,in anymarine reserve, without permission granted undersubsection (3) (a) fishes or attempts to fish; (b) takesor destroys any flora and fauna other than fish; (c) dredges, extracts sandorgravel, discharges or deposits waste or any other polluting matter, or in any way disturbs, alters or destroys thenaturalenvironment; or (d) constructs orerectsanybuildings orotherstructures on or over any landor waters within sucha reserve, is liableon summary conviction to a fine of five thousand dollars and, in default of paymentthereof, to imprisonment for twelve months. (3) The Minister, or any personauthorised by him in writing, maygivewrittenpermissiontodoanyofthethings prohibitedunderthis section where the doingof suchthingsmaybe required for the proper management of the reserve or for any of the purposes referred to in subsection (I). 23. (I) TheMinistermay,on thesubmission ofafisheries research plan, approved bytheChiefFisheries Officer, grantpermission for any vesselorpersontoundertake research intofisheries in thefishery waters and in doing so may exempt such vessel or person from any of the provisions of this Act. (2) TheMinister may attach suchconditions as he thinksfit to anypermission granted undersubsection (I). (3) Anypersonwhoundertakes fisheries research in thefishery waters (a) without permission undersubsection (I); or (b) in contraventionofanyconditionorconditions attached to the.nermission under subsection (?). Fisheries Chap. 61:60 17 is liable on summary conviction to a fine of one thousand dollars and. in default of payment thereof. to imprisonment for six months. (4) Any permission or exemption granted under this section shall be in writing. 24. (1) Any person who (a) permits to be used, uses or attempts to use any explo sive, poison or othernoxious substance for the purpose ofkilling. stunning, disabling or catching fish, orin any way rendering fish more easily caught; or (b) carries orhas inhis possessionor control any explosive. poison or other noxious substance in circumstances indicating an intention ofusing such explosive. poison or other noxious substance for any of the purposes referred to in paragraph (a), is liable on summary conviction to a fine of one thousand dollars and, in default of payment thereof, to imprisonment for six months. (2) Any explosive, poisonor othernoxious substance found on board any fishing vessel shall be presumed, unless the contrary is proved, to be intended for the purpose referred to in subsection (1)(a). (3) Any person who lands, sells, receives oris found in posses sion ofany fish taken in contravention of subsection (1)(a), knowing or having reasonable cause to believe them to have been so taken. is liable on summary conviction. to a fine ofone thousand dollars and. in default of payment thereof. to imprisonment for six months. (4) For the purposes of this section, a certificate as to the cause and manner ofdeath or injury of any fish signed by the ChiefFisheries Officer or by any person authorised by him in writing shall be accepted as primafacie evidence in a Court without proofofthe signature ofthe person appearing to have signed the certificate or his official character. (5) For the purposes of subsection (4), the defendant to pro ceedings brought under this section is entitled to fourteen days notice in writing of the prosecution's intention to adduce the said certificate., Prohibited fishing methods. 25. Where in fishery or area within the fishery waters any person Possession of ~ fi hin h bo d fi hin 1 . . prohibited fishinguses ror s g or as on ar any s g vesse ill circumstances gear. which indicate an intention to use for fishing therein 18 Chap. 61:60 Fisheries Designation of authorised officers. Powers of authorised officers. (a) any net the mesh size of which does not conform to the prescribed minimum mesh size for that type of net for that fishery or area within the fishery waters; or (b) any type or other fishing gear which does not conform to any standards prescribed for that type oftrap or other fishing gearforthat fishery or area ofthe fishing waters; or (c) any other net or fishing gear which is prohibited by any Regulations made under this Act for that fishery or area within the fishery waters, that person is liable on summary conviction to a fine of one thousand dollars and, in default of payment thereof, to imprisonment for six months. PARTlY ENFORCEMENT 26. The Minister may designate from time to time by Notice published in the Gazette such persons as he thinks fit, including mem bers of the enforcement authority of any country or of any regional or sub-regionalmarine enforcemententity.to be authorisedofficers for the purpose of this Act. 27. (I) For the purposes of enforcing this Act, any authorised officer may, without a warrant (a) stop, board and search any foreign fishing vessel in fishery waters and any local fishing vessel in or outside the fishery waters and stop and search any vehicle; (b) require to be produced, examine and take copies ofany licence or other document required under this Act; (c) require to be produced and examine any fishing net or other fishing gear whether at sea or on land. (2) Any authorised officer, where he has reasonable grounds to believe that an offence has been committed under this Act may, without a warrant Fisheries Chap. 61:60 19 (a) enterand search any premises, otherthan premisesused exclusively as a dwelling house, in which he has reason to believe that the offence has been committedor where he has reason to believe that fish illegally taken are being stored; (b) take samples ofany fish found in any vessel, vehicle or premises searched under this section; (c) seize any vessel (together with its gear, stores and cargo), vehicle, fishing gear, net or other fishing appli ance which he has reason to believe has been used in the commission of the offence or in respect of which the offence has been committed; (d) seize any fish which he has reason to believe has been caught in the commission of the offence, or is being possessed in contravention of this Act; (e) seize any explosive or poison which he has reason to believe has been used or is being possessed in contra vention of this Act. (3) Any vessel seizedunder subsection (2) and the crew thereof shall be taken to the nearest or most convenient port and the vessel may be detained pending the outcome of any legal proceedings under this Act. (4) Where, following the commission of an offence under this Act by any foreign fishing vessel, such foreign fishing vessel is pursued beyond the limits of the fishery waters, the powers conferred on authorised officers under this section shall be exercisable beyond the limits of the fishery waters, in the circumstances and to the extent recognised by intemationallaw. (5) After a vessel has been stopped under the provisions ofthis section any,authorised officer may, concerning it or in relation to any fish or fish products therein, exercise any of the powers conferred by this section. (6) An authorised officer in exercising any of the powers conferred on him by this section shall on demand produce such means of identification as may be necessary to show that he is an authorised officer for the purpose of this Act. 20 Chap. 61:60 Fisheries Sale of perishable goods seized. Immunity of authorised officers. Assaulting or obstructing authorised officers. Liability of master. Court's power of forfeiture. 28. (1) Any fish or other articles ofa perishable nature seized under this Act may, at the discretion ofthe ChiefFisheries Officer, be sold and the proceeds ofthe sale shall be held and dealt with in accordance with the provisions of this Act. (2) Where, after making all reasonable efforts, the ChiefFish eries Officer is unable to sell the fish or other articles referred to in subsection (1), or where such fish or other articles are unfit for sale, he may dispose of them in such other manner as he thinks fit. 29. No action shall be brought against any authorised officer in respect of anything done or omitted to be done by him in good faith in the executionor purported execution ofhis powers and duties under this Act. 30. Any personwho obstructs, assaults orthreatens with violence an authorised officer in the exercise of the powers conferred on him under this Act is liable on summary conviction to a fine of five thousand dollars or to imprisonment for two years. 31. Where an offence against this Act has been committed by any person on board or employed on a fishing vessel, the master of such vessel is also guilty of the offence. 32. Where any person is convicted of an offence against this Act or Regulationsmade thereunder, the Court, in addition to any otherpenalty imposed (a) may order that any fishing vessel (together with its fishing gear, stores and cargo) and any vehicle, fishing gear, net or other fishing appliance, used in the commission of the offence be forfeited: (b) shall order that any fish caught in the commission of such offence or the proceeds of sale of such fish and any explo sive, poison or othernoxious substance used in the commis sion of such offence be forfeited. Presumptions. 33. (1) Until the contrary is proved, all fish found on board any fishing vessel which has been used in the commission of an offence against this Act or Regulations made thereunder shall be presumed to have been caught in the commission of that offence. Fisheries Chap. 61:60 21 (2) Where in any legal proceedings instituted under this Act or Regulations made thereunder following the seizure ofa foreign fishing vessel by an enforcement vessel, the place in which an event is alleged to have taken place is in issue, the place stated in a certified copy ofthe relevant entry in the logbook or other official record ofthe enforcement vessel as being the place in which the event took place shall be presumed, until the contrary is proved, to be the place in which such event took place. 34. In any legal proceedings under this Act where the defendant is Onus of proof. charged with having committed an offence under which a licence, authority or the permission ofany person is required for the doing ofany act, the onus shall be on the defendant to prove that at the time to which the charge related, the requisite licence, authority or permission was duly held. 35. Any vessel (together with its gear, stores and cargo), and any Disposal of vehicle, fishing gear, net or other fishing appliance, explosive or poison ;::;;;~~~tc.• ordered to be forfeited under this Act shall be disposed of in such manner as the Minister may direct. 36. Any offence against any of the provisions of this Act or any Jurisdiction. Regulations made under this Act committed within the fishery waters by any person, or any such offence committed outside such waters by any citizen of, or person ordinarily resident in Dominica, or by any person on board any local fishing vessel, shall be triable in any court of Dominica as if the offence had been committed in any place in Dominica within the local limits of the jurisdiction of that court. 37. (I) Subject to subsection (4) and the powers of the Director of Minister's power Publi P . d th C . . th Mini' h h to compoundC rosecuuonsun er e onsutuuon, e stermay were e offences. is satisfied that any person has committed an offence against this Act or any Regulations made under this Act compound the offence by accept ing on behalfof the Government from such person a sum ofmoney not exceeding the maximum fine specified for that offence. (2) On compounding an offence underthis section the Minister may order the release of any article seized under section 27 or the proceeds of sale of such article under section 28 on such conditions including the paymentofsuch additional sums ofmoney not exceeding the value of the article seized, as he may think fit. 22 Chap. 61:60 &.In. 'f'f.::J '-".' IJ'-"J'f.I...I.1 .........n. Fisheries Regulations. (3) No offence shall be compounded under this section unless the personwho has committed the offencehas expressed his willingness in writing that the offence be so dealt with. (4) The compounding of an offence under this section shall be notified in writing under the signature ofboth parties to the appropriate Magistrate's Court. (5) In any proceedings brought against any person for an offence against this Act or any Regulations made under this Act, it shall be a defence if such person proves that the offence with which he is charged has been compounded under this section. (6) The powers conferredon the Ministerby subsection(I) may be exercised by the ChiefFisheries Officer in respect of a local fishing vessel. (7) This section does not apply to any offence against section 24 or section 30 of this Act. PART V GENERAL 38. (1) The Minister may make Regulations generally for the management and development of fisheries in the fishery waters, and in particular, but without limiting the generality of the foregoing, may make Regulations for all or any of the following purposes: (a) providing for the licensing, regulation and management of any particular fishery; (b) prescribing fisheries management and conservation measures including prescribed mesh sizes, gear stand ards, minimum species sizes, closed seasons, closed areas, prohibitedmethods of fishing or fishing gear and schemes for limiting entry into all or any specified fisheries; (c) prescribing the constitution functions and duties of the Fisheries Advisory Committee appointed under section 5; (d) regulating the catching and utilisation of fish taken incidentally when fishing for a species for which a licence has been issued: Fisheries Chap. 61:60 23 (e) providing for the registration and licensing of fisher men, fishing gear and other fishing appliances; (f) control and licensing sport fishing in the fishery waters; (g) regulating the use of scuba gear; (h) regulating or prohibiting the use of spear guns or other similar device; (i) regulating the landing, marketing and distribution of fish; (j) regulating the transiting of foreign fishing vessels through the fishery waters, including any particular method for storing or securing fishing gear; (k) making provision for rewards to be paid to any person providing information on the operations of foreign fishing vessels leading to a conviction or compounding of offence under this Act; (I) prescribing the form offoreign fishing licences which may take the form of a written licence or a telexed or cabled authorisation; (m) providing for the implementation of any agreement or arrangement entered into under section 6; (n) regulating or prohibiting the entry into any fishing priority area, established under section 20, of any class of vessel and prescribing any activities which may not be undertaken in that area; (0) providing for the licensing and control of fish aggregat ing devices and for rights to fish aggregated by such devices; (p) regulating (i) the management and protection ofmarine reserves and fishing priority areas; (ii) the taking of coral and shells; (iii) the setting of fishing fences; (iv) the taking of aquarium fish; (v) aquaculture development and operations; 24 Chap. 61:60 Fisheries Exemptions. Savings. Cap. 79. (1961 Ed.). (q) prescribing measures for the protection of turtles, lob sters and conches; (r) providing for the control or prohibition of the import and export of fish; (s) prescribing standards and othermeasures for the safety oflocal fishing vessels and fishermen; (t) prescribing any other marter which is required or au thorised to be prescribed. (2) The Minister may by Regulations provide that the breach of any regulation made under this Act shall constitute an offence and may provide for penalties on summaryconviction of a fine notexceeding five thousand dollars and in default of payment thereof imprisonment for a term of twelve months. 39. The Minister may, by Order, exempt from the requirements of section II, any type or class offishing vessel, or any local fishing vessels under a size specified in the Order. 40. Any Rules made under the Fisheries Ordinance (repealed by this Act) shall, except in so far as they are inconsistent with this Act, or revoked by Regulations made under this Act, continue to have effect as though made or issued under this Act.