Fishing Industry Regulations, 1976

FISHING INDUSTRY THE FISHING INDUSTRY ACT REGULATIONS (under section 25) THE FISHING INDUSTRY REGULATIONS, 1976 (Made by the Minister on the 24th day of September, 1976) 1. These Regulations may be cited as the Fishing Industry Regula tions, 1976. 2. In these Regulations "fishing equipment" includes outboard motor, life jacket, anchor, fishpot, the rope attaching the fishpot to the buoy, buoy, net, netrope, head rope, speargun and fins; "port identification mark" means such marks as are prescribed and set out in the Second Schedule, being the marks in respect of which the port of origin of a registered fishing boat may be identified for the purpose of these Regulations. . 3. A distance of five hundred miles beyond the territorial sea of Jamaica shall be the area in which no person shall, using any of the methods specified in the Schedule to the Act, engage in fishing unless he is the holder of a valid licence issued pursuant to section 5 of the Act. 4.-{l) Any person wishing to obtain a licence to fish shall apply to the Licensing Authority in the form set out as Form A in the First Schedule. (2) A licence to fish granted by the Licensing Authority pursuant L.N. 309B/7• Amdts. L.N. 88/ 79 87IA/ 82 Second Schedule. First Schedule. Form A. to section 5 {l) of the Act shall be in the form set out as Form B Form B. in the First Schedule. (3) A temporary licence to fish granted by the Licensing Author ity pursuant to section 5 (3) of the Act shall be in the form set out as Form C in the First Schedule. Form c. (4) A fee of one dollar shall be payable to the Licensing Authority in respect of a temporary licence to fish granted by the Licensing Authority. [The inclusion of this page is authorized by L.N. 73/ 1983] 5 6 First Schedule. Form D. Form E. Form F. Form 0. Form B. THE FISHING INDUSTRY REGULATIONS, 1976 5.-(1) A register of all licences kept by the Licensing Authority pursuant to section 5 (5) of the Act shall have entered therein (a) the date on which the grant of any licence is made; (b) the licence number; (c) the name and address of the licensed fisherman; (d) such other details, relevant to the grant of the licence, as, in the discretion of the Licensing Authority, are necessary for the proper recording of every licence granted. (2) Such register of all licences shall be in the form set out as Form D in the First Schedule. 6. The identification card which shall be carried by a licensed fisherman pursuant to section 7 (1) of the Act, shall be in the form set out as Form E in the First Schedule. 7.-(1) Every application to the Licensing Authority to register a fishing boat pursuant to section 9 (1) of the Act, shall be in the form set out as Form F in the First Schedule. (2) A certificate of registration of a fishing boat, issued by the Licensing Authority shall be in the form set out as Form G in the First Schedule. 8.-(1) A register of all fishing boats, kept by the Licensing Authority pursuant to section 10 (1) of the Act, shall have entered therein (a) the date of registration of each fishing boat registered by the Licensing Authority; (b) the registration number assigned to each registered fishing boat; (c) the name (if any), class and colour of each registered fishing boat; (d) particulars of any licence granted to the owner of the regis tered fishing boat authorizing such hoat to be used for fishing. (2) Such register of all fishing boats shall be in the form set out as Form H in the First Schedule. 9. Every application by a registered owner of a fishing boat, for a licence for such boat to be used for fishing pursuant to section 11 (1) of the Act, shall be made in the form set out as Form F in the First Schedule. 10.-(1) The registration marks of every registered boat shall (a) consist of a port identification mark followed immediately [The inclusion of this page is authorized by L.N. 73/ 1983] THE FISHING INDUSTRY REGULATIONS, 1976 by the registration number of the registered boat; (b) be made of red or orange luminous paint upon a white or black background: (c) be displayed by the registered boat in such manner as is prescribed in paragraphs (2), (3), (4) and (5). (2) Where a registered boat is a non-decked canoe, the registra tion marks of such boat shall be 20.23 centimetres (8 inches) in height and 2.54 centimetres (l inch) in width, displayed on both sides of the bow. (3) Where a registered boat is a decked canoe, the registration marks of such boat shall be 20.23 centimetres (8 inches) in height and 2.54 centimetres (1 inch) in width, displayed on both sides of the bow and on the deck. (4) Where a registered boat is a fully decked vessel, the registra tion marks of such boat shall be 30.5 centimetres (12 inches) in height and 3.8 centimetres O½ inches) in width, displayed on both sides of the bow and on top of the wheelhouse. (5) Where a registered boat is a yacht, the registration marks of such boat shall be 30.S centimetres (12 inches) in height and 3.8 centimetres (l½ inches) in width, displayed on both sides of the bow and on both sides of the mainsail. 11. Where a registered boat is a non-decked canoe it shall be equip ped with (a) an anchoring device; (b) at least one pair of oars; (c) at least one life jacket for each person to be carried thereon; (d) at least one cell battery operated electrical flashlight; and (e) at least two daylight distress flares and two night distress flares, at all times when such boat is in use for fishing. 12. Every item of fishing equipment shall, at all times when such equipment is being used for fishing, be identifiable by having attached or painted on it the registration number of the registered fishing boat by which it is being used or upon which it is being carried. 13.-{1) An appeal against a decision of the Licensing Authority, pursuant to section 16 of the Act, shall be made in writing to the Minister. (2) Such appeal shall be commenced by a notice of appeal delivered to the Minister. (3) A notice of appeal shall include flbe inclusion of thls page is authorized by L.N. 73/ 1983] 7 8 THE FISHING INDUSTRY REGULATIONS, 1976 (a) the name. address and nationality of the appellant; (b) particulars of the decision of the Licensing Authority against which the appeal is made; (c) the grounds of appeal. (4) On a notice of appeal being delivered to the Minister, the appellant may include any document. information, or correspondence, relevant to the appeal, which in the opinion of the appellant is likely to assist the Minister in coming to a decision on the appeal against the decision of the Licensing Authority. (5) The Minister may request that the appellant deliver to him any document, information, or correspondence, relevant to the appeal, which in the opinion of the Minister is likely to assist him in coming to a decision on the appeal against the decision of the Licensing Authority. (6) Upon failure, within a reasonable time, to comply with a request made by the Minister pursuant to paragraph (5), the Minister may proceed to consider the appeal made to him by the appellant and may make such decision as he may think fit. 14.-(1) No person shall (a) catch and bring a.shore, or destroy, any berried lobster; (b) catch and bring ashore, or destroy. any spiny lobster (panulirus argus) of carapace length of less than 7.62 centi metres (3 inches); (c) use for the purpose of any fishing any fry net, or any shove net, of any length exceeding 3.66 metres (12 feet). (2) No person shall, for the purpose of any fishing, make use of any beach seine unless ( a) the mesh size of the bunt be 3.17 centimetres O¼ inches) or more wide upon the bunt being fully stretched; (b) the mesh size of the comers be 4.43 centimetres O¾ inches) or more wide upon the comers being fully stretched; (c) the mesh size of the wings be 5.08 centimetres (2 inches) or more wide upon the wings being fully stretched. 15. If any person shall contravene the provisions of regulation 14, he shall be guilty of an offence and upon summary conviction before a Resident Magistrate be liable to a fine not exceeding five hundred dollars and in default thereof, to imprisonment for a term not exceed ing six months. [The inclusion of this page is authorized by L.N. 73/ 1983] THE FISHING INDUSTRY REGULATIONS, 1976 FIRSf SCHEDULE Application for Licence to Fish The Fishing Industry Act FORM A (Regulation 4 (1)) Given Names Surname Address Nationality Normal Fuming Base Reason for wantma licence (tick appropriate boJ;) Sport Trade Other Applicant, Signature Dale FoR OFFICIAL Usa Receipt No. Signature of Fi1hery Inspector Dale Remarks Licellling Authority, Jamaica Dale (Tbo laduaion of thla paae la authorized by L.N. 96/ 1977) 9 10 THE FISHING INDUSTRY REGULATIONS, 1976 (Regulation 4 (2)) Licence to Fish The Fishing Industry Act Licence· No ....................................... ; .. P ARTICULAJ\S OF LICENCE Name of Licensee ..............................................•....................................•. Addreas.;; ..................... ; ........................................... , ........ ·. · · .-. · · · · :. · · · .-. · · · · · .· Nationali-ty ................................................. Date of Birth ......................... . Expiry Date ............................................................................................. . ··············································································································· ' Stamp ................................................. Stamp ............................................ . Expiry Date ....................................... Expiry Date ................................ , .... . Stamp ............................................... Stamp ............................................. . ..... · ................................................... . Licensing A-uthority, Jamaica FORM C Temporary licence to Fish The Fishing ·Industry Act (Regulation 4 (3)) No ............•.......•..••.•.. ; This is to certify that. ....................................................................... of ........................................................................... is hereby lic:aised to fish for a period of ....................................... : ..... with effect from ................. ; ............................................. pursuant to section S (3) of the Act. ......................................................... Licensing Authority Date s THE FISHING INDUSTRY REGULATIONS, 1976 Date Photograph of Lioensed fisherman Licence No. FORM D Register of Licence to Fish The Fishing Industry Act Name of Licensee FORM E Fisherman's Identification Card Name .......•••.•.••••••..•.•.. Address .•...•.....•......•..•.• Address GOVERNMENT OP JAMAICA [The inclusion of thla pqe ia authorized by L.N. 96/ 1977] 11 (Reaulation S) Remarks (Regu]ation 6) 12 Name Tonnage Type offucl used Name THE FISHING INDUSTRY REGULATIONS, 1976 Application to Register and Licmce Fuhing Vessel The Fishing Industry Ac& PARTICULARS OF BoAT (Regulations 7 (1) and 9) Class Colour Make and H.P. of engine Range Length Beam Type of operation to be carried out Place usually moored Fishing carrying Other PARTICULARS OF OWNllt Date (The lui:ilualaa of this paae is authorized by L.N. %/ 19771 THE FISHING INDUSTRY REGULATIONS, 1976 13 FORM F, contd. For Official Use Only Fishery Inspector's Report Items Comments Life Jackets Life Raft Distress Flares and Launcher floating Rings Life Buoys Fire Extinguishers Transmitter-receiver Marine Compass Oars Oarlocks Sail Anchring device Fishery Inspector's Recommendations Fee Collected Receipt No • . . . . . . . . . . . . . . . . . . . . . . . . . . . ............. Fishery Inspector', Date Signature Registration Approved Registration No. Type of Registration Licence No. Yes( ) No ( ) Remarks ......................................... Licensing Authority, Jamaica. . ......... .ck;,~ . .....•••. [1'bc, lnc:lluaion of du pqe is authorized by L.N. 96/ 1977) 14 THE FISHING INDUSTRY REGULATIONS, 1976 FoRMG Certificate of Negistration and Licence of Fishing Vessel The Fishing Industry Act Licence No •...•••..••••• PARTICUl.ARS OF VE.W!L Name of Vessel TY.J)CofV~l D'imensions H.P. and Make of.Engine Tonnage !tegistJ'!l~OD No • . Type of Registration Name of Owner Address CIIANGB OF OWNERSHIP Name Date and Stamp Address Name Date and Stamp Address R!NEwAI.S OF UCENCB Expiry Date Stamp Expiry Date Stamp Expiry Date Stamp (Tho hlllluaion of this pase is authorized by L.N. 96/ 1977) (Regulation 7 (2) 15" t a f.' 11 t;;· I !!1 g, t ~1 !"' z ~I ~ Parish of ..... : ..•.•.....•... ; ..•.•....•.••.••...•• Date Reg; No. I Name of Boat aass FoRMH lugister of Fishing Boats The Fishing Industry Act Colour Name of Owner Address of Owner Licence No. ( lugulation 8) Remarks ~ t!l ~ ~ !:: <! Q ~ ~ ~ "< ~ Q ~ ~ ~ i VI 16 THE FISHING INDUSTRY REGULATIONS, 1976 SECOND SCHEDULE (Regulation 2) FJSHINOPoRT PORT IDEN'llFICA.TION MAllE Kingston and St. Andrew Bull Bay .• Seven Miles Harbour Head Gunboat .. Port Royal Kingston.. • . . . • . Rae Town (Paradise Street, Fleet Street, and Water Lane) Greenwich Town Hunts Bay St. Catherine Wreck Bay Old Harbour Bay Passage Fort Port Henderson Hellshire .. Clarendon Salt River .. Welcome •. Mitchell Town Boummouth BarnswellDale Rocky Point Jackson Bay Carlisle Bay Beauchamp .. Farquhar (Alligator Hole) Manchester Gutts River Hudson Bay Boiler Beach . . . . Alligator Pond (Top and Bottom Bay) St. Elizabeth Cutlass Hole Great Bay calabash Bay Frenchman's Bay Billy's Bay Fort Charles Parottee •• Hodges •• Long Acre .. •. Black River (River Side and Heavy Sand) flbe lnduaion of this pqe is authorized by L.N. 96/ 19771 BB SM HH GU PR K RT GT HB WB OHB PF PH H SR w MT BM BD RP JB CB BB F GR HD BO AP CH GB CA FB Bl FC PI' HG LA BR THE FISHING INDUSTRY REGULATIONS, 1916 SECOND SCHEDULE, contd, 17 FlsmNGPORT Westmore/and Scotts Cove PORT IDIIN'IfflCA11ON MARE: Whitehouse (Gillings Gully) Braughton .. Auchendown (Culloden) Mount Edgecomb Market Beach Belmont .. Cave St. Anne •• Smithsfield .. St. Mary .. Hope Wharf Salmon Point Little Bay Revival •• Orange Hill Ironshore Ncgril Hanover Bloody Bay Orange Bay Green Island Industry Cove Cousins Cove Lances Bay Haughton Court Lucca •• Johnson Town Elgin Town Paradise .. Mosquito Cove Sandy Bay .. Hopewell (Orchard and Parkins) Great River (Rum Bottle Cove) .. St. Jama Spring Garden Reading •. River Bay.. .. Whitehouse (Flanker) Success (Rose Hall) •• Grange Pen •• Harvey's (Salt Spring) Trelawny Salt MaIS1l (Scarlett Hall) • • • • Falmouth (Gentles. Seaboard St., and Charlotte) Rock .. .. .. Cooper's (Good Hope) .. Darby (Stewart Castle and Silver Sand) Draco •• Rio Bueno [11M, ludualoa of tbil pqe Is autboriJlDcl by LN. 96/ 197'7) •• SC WH B A ME MB BL C SA s ST.M HW SP LT RV OH I NG BY 0G GI IC cc LB HC LC JT E PD MC SD HP GTR so RD RB wr scs GE HY SLM FA R co D BC RI 18 THE FISHING INDUSTRY REGULATIONS, 1976 SECOND SCHEDULE, contd. FISHING PORT PORT IDEN'IlFICATION MARK St. Ann Old Folly (Alloah) Discovery Bay (Fort) Runaway Bay Salem .. Laughlands {Llandovery) Priory .. St. Ann's Bay MammeeBay Ocho Rios (Sailors Hole) White River St. Mary Rio Nuevo •. .. Boscobel (Playboy Fishermen Beach, Salt Gut and Breakfast Gap) Oracabessa (White and Magnus) Pagee .. Mahoe Bay Carlton Beach Robins Bay Annotto Bay (Sea View) Stewart Town Dover (Windsor Castle) Portland Buff Bay Orange Bay (East and West) Hope Bay St. Margaret's Bay Snow Hill Norwich .. Port Antonio (East and West Harbours, Bryans Bay) Williamsfield (Turtle Crawl) Bottom Beach Drapers Fairy Hill Blue Hole Priestman's River Boston .. Long Bay Divers River SanacoBay Manchioneal Innes Bay Hectors River St. 11,omas Holland Bay Rocky Point Dalvey .. Pera (Old and New) ('lb& lndlu.sion of this page is authorized by L.N. 96/ 1977) OF DB RU SL L PY SAB MMM OR WR RN BCB 0 PG MA CL BO AB ST DO BF OB HE SMB SH N PA WF BT DP FH BU PMR BS LO DR SB M 1B HR HO RK DV PE THE FISHING INDUSTRY REGULATIONS, 19'16 SECOND SCHEDULE, contd. 19 FisHINO PORT PoRT IDENTIFICATION MARK: St. Thomas, contd. Port Morant Leith Hall Prospect Lyssons • • • • Princess Margaret Hospital Beach Morant Bay DuhaneyPen White Horses Yallahs Green Bay Cow Bay Grants Pen Nine Miles [Tho ladualen of this pap II authomod b1 L.N. 96/ lffl] T PM UI p LY PMH MO DU W1H y ON cw GP NM