Endangered Species (Protection, Conservation and Regulation of Trade) Establishment of Individual Export Quota (Conch, Strombus Gigas) (Amendment) Regulations, 2002 (No. 104B of 2002)

JI ii Y 3 I. 2002] PROCLAMATIONS. RULES AND REGULATIONS 1981 No. 104n THE ENDANGERED SPECIES (PROTECTION, CONSERVATION AND REGULA TJON OF TRADE) ACT TIIF ENDANGERED SPECII:~ ( PROTI-CTION, CONSERVATION AND Ri-:GULATION OF TRADE) (ESTARLISIIMEN'l OF INDIVIDl ·\I EXPORT QUOTA (CONCII. STROM Bl 'S GIGAS)) (AMENDMENT) REGULATIONS. 2002 In exercise of the power conferred upon the Minister by section 53 of the Endangered Species (Protection. Conservation and Regulation of Trade) Act, 2002 and of every other power hereunto enabling. the following Regulations are hereby made: 1. These Regulations may be cited as the Endangered Species (Protection, Conservation and Regulation of Trade) (Establishment of lndividuai Export Quota (Conch, Strombus gigas)) (Amendment) Regulations. 2002 and shall be read and construed as one with the Endangered Species (Protection. Conservation and Regulation of Trade) (Estab lishment of Individual Export Quota (Conch. Strombus gigas)) (Amendment)Regu lations. 2000 (hereinafter referred to as the principal Regulations). 2. Regulation 2 of the principal Regulations is amended by deleting the definitions of "Fisheries Division" and "Veterinary Division". 3. Regulation 3 of the principal Regulations is amended (a) in paragraph (I) by deleting the words "in the form set out in the Schedule" and substituting therefor the words "in the form set out as Form I in the Schedule hereto"; (b) in paragraph (1) by deleting sub-paragraphs (b) and (c) and substituting therefor the following "(b) an Individual Allowable Catch Quota for Conch issued in respect of the applicant pursuant to the Fishing Industry (Conservation of Conch (Genus Strombus)) Regulations, 2000; (c) a licence to fish granted by the Licensing Authority pursuant to the Fishing Industry Act."; (c) a licence to operate a fishing vessel or proof that the vessel to be used by the applicant is licensed pursuant to the Fishing Industry Act: and (d) a licence to operate a factory vessel, freezer vessel or carrier vessel or, proof of the issuance of such licence in respect of the vessel used by the applicant pursuant to section 12 of the Aquaculture Inland and Marine Products and By-Products (Inspection, Licensing and Export) Act, 1999. 4. Regulation 4 of the principal Regulations is hereby amended (a) in paragraph (I) (i) in sub-paragraph (a), by inserting next after the numerals "2000;" the word "and": 198r PROCLAMATIONS. RULES AND REGU LATIONS [JUI Y 31, 2002 (ii) by deleting sub-paragraph (b); and (iii ) by relettering sub-paragraph (c) as sub-paragraph (b); (b) by inserting next after paragraph (2) the following as paragraphs (3) and (4) (3) All applications for individual export quotas shall be made before the beginning of the close season for conch. (4) Notwithstanding paragraph (I), where the applicant has harvested conch to be exported prior to applying for an Individual Export Quota, the Management Authority shall, before granting lhe quota, ensure that the harvesting and storage of conch by the applicant are consistent with the relevant provisions of the Endangered Species (Protection, Conservation and Regulation of Trade) Act, the Fishing Industry Act and the Aquaculture Inland and Marine Products and By-Products (Inspection and Licensing and Export) Act and the relevant provisions of any other applicable legislation.". 5. Regulation 5 of the principal Regulations is hereby amended by inserting next after paragraph (2) the following as paragraph (3) " (3) A certificate shall be in the fonn set out as Fonn 2 in the Schedule; so, however, that the Management Authority may, in its sole discretion grant an individual export quota subject to such conditions as it deems fit, either prior to harvesting or after harvesting and storage of conch and may adjust the Fonn according!) .". 6. Regulation 8 of the principal Regulation is amended by deleting the words "to the Minister" and substituting therefor the words "under section 37 of the Act in the manner specified therein". 7. The Schedule to the principal Regulations is hereby repealed and the following substituted therefor SCHEDULE (Regulations 3 and 5) FORM I THE ENDANGERED SPECIES (PROTECTION. CONSERVATION ANO REGULATION OF TRADE) (ESTABLISHME1'T OF INDIVIDUAL EXPORT QUOTA (CONCH, STROMBUS GJGAS)) (AMENDMENT) REGULATIONS, 2002 Application Form for Individual Export Quota/or Conch (Strombus gigas) Application No. - Name of Exporter: Please Print or Type Address of Exporter: TRN: --------------------- Telephone No: Fax No.: E-Mail : Jtll.Y 31. ::!002] PROCLAMATIONS. RULES AND REGULATIONS 198G SCHEDULE. con1d. I/We hereby appl~ for an Individual Export Quota to export kilograms of 50% cleaned Srrombus gigas (Queen Conch). Fishing year State the premises or facil11ies where conch is currently stored (if applicable) Attach the following documents ( I) A Certificate of the Individual Allowable Catch Quota for conch issued pursuant to the Fish ing Industry (Conservation of Conch (Genus Strom bus)) Regulations. 2000. (2) A copy of a Fishing Licence granted by the Licensing Authority pursuant to the Fishing Industry Act. (3) A Licence to operate a fishing vessel or proof of use of a licensed vessel under the Fishing Industry Act. ( 4) A Licence to operate a factory vessel, freezer vessel or carrier vessel or proof of use of such a vessel pursuant to the Aquaculture Inland Marine Products and By-Products (Inspection, Licensing and Export) Act, 1999. APPLICANT'S DECLARATION I hereby certify that (a) I have read and am familiar with the Endangered Species (Protection, Conservation and Regulation of Trade) Act and the Regulations made thereunder: (b) the information contained in this application is true to the best of my knowledge and belief; and (c) I understand that any misrepresentation found to be conta ined in this application during its processing shal l lead to the discontinuation of the processing thereof. Signature of Exporter (If company, sign by authorized officer and affix seal). FOR OFFlCIAL USE ONLY Date Date of Management Authority Inspection (if applicable): Quantity of conch in storage (if applicable): Degree processed: Name of officer: ------ App Ii cation fee enclosed: Date approved: 198H PROCLAMATIONS, RULES AND REGULATIONS [Jlll Y 3 I. 2002 THE ENDANGERED SPECIES (PROTECTION, CONSERVATION AND REGULATION OF TRADE) ACT FORM 2 Individual Export Quota (Conch. Strombus gigas) Certificate Certificate No.: In exercise of the power conferred on the Management Authority pursuant to Regulations 4 and 5 of the Endangered Species (Protection, Conservation and Regulation of Trade) (Establishment of Individual Export Quota (Conch, Strom bus gigas)) Regulations, 200 I. the Individual Export Quota (Conch. Strombus gigas) is hereby granted to: Name of Company/Exporter Address/Registered Office For the quantity of fifty per cent (50%) cleaned Conch (Strombus gigas). Subject to the following conditions: 1. 2. .., J. This Certificate is issued by: Management Authority Date of Issue Valid Until Dated this 31st day of July, 2002. HORACE DALLEY, Minister of Land and Environment. PRINTED BY JAMAICA PRINTING SERVICES ( 1992) L TO (GOVERNMENT PRINTERS), DUKE STREET, KINGSTON JAMAICA