Fishing Industry (Spiny Lobster) (Amendment) Regulations, 2014

THE FJSHJNG INDUSTRY ACT The l<~ishing Industry (Spiny Lobster) (Amendment) Regulations, 2014 Jn exercise of the power conferred upon the t:,-'finister by section 25 of the Fishing Industry Act, the following Regulations are hereby made: Citation. Amendment of regulation I. These Regulations may be cited as the Fishing Industry (Spiny Lobster) (Amendmen t) Regulations, 20 14, and shall be read and construed as one with the Fishing [ndustry (Spi ny Lobster) ReguLtions, 2009 (hereinafter referred to as the principal Regulations). 2. Regulation 2 of the principal Regulations is amended by inserting in 2 of principal their co1"i"ect alphabetic se~uence the foll owing - . Regulations. "·'approved storage facility" means a storage faci lity approved under regulation 7(2); "authorized storage facility'· means a storage facili ty designated under regulation 7( I);". ' Amendment 3. Regulation 3 of the principal Regulations is amended by of regulation 3 of principal (a) re-numbering paragraph ( l ) as regula~ion 3; Regulations. (b) deleting the words ''paragraph (2)" and substituting therefor the words ·'regulations 4 (2), 4A(4) and 7D"; and (c) deleting paragraph (2). Amendment 4. The principal Regulations are 'amended by deleting regulation 4 and of regulation 4 of principal substituting therefor the following Regulations. ''Declaration to sell, export or process spiny lobster during close 4. - (l) Where (a) a licensed fi sherman; (b) middleman; season. (c) an owner or operator of a commercial cold storage establishment, hotel or eating establ ishment or similar entity which offers spiny lobster meat to its patrons; or ' ( d) any other person, has possession of any spiny lobster that was lawfully fished before the date of commencement of a close season, and is desirous of selling, exporting or processi1,1g that spiny lobster within twenty-one days of the commencement of a close season, that person shall declare, in writing, to the Minister the quantity of spiny lobster in that person's possession. (2) Notwithstanding regulation 3, where spiny lobster ,is declared under paragraph ( 1 ), tJ,at spiny lobster may be sold, expmted or processed within twenty-one days after commencement of the close season. (3) A declaration made under paragraph (I), shall specify whether the spiny lobster in P?Ssession is 2 (a) the whole lobster; (b) thetail; (c) the head; (d) the head meat; ( e) the tai i meat; or .Insert new regulation 4A in principal Regulations. (f) any other category specified by the Minister, and shall be submitted to the Minister for consideration within seven days of the commencement of the c lose season.'' 5. The principal Regulations are amended by inserting next after regulation 4 the following " Application for storage of spiny lobster du ring close season. 4A. - ( l) A licensed fisherman who is desirous of having any spiny lobster that was lawfully fished and is in his possession before commencement of a close season, made available for sale, export or processing ·after the end of that close season, may apply to the Minister for an authorization to store the spiny lobster that is hi e. possession for the duration of the close season. (2) An app!ication uncle:- paragraph (I) shall be made, in writing, and J (a) shall include (i) a detailed description of the spiny lobster that the applicant intends to store, including the matters prescribed in regulation 4(2) and any spiny lobster by- product or extract; (ii) a declaration by the applicant as to whether the sp.iny lobster that is the subject of the application will be sold, exported or processed at the end of the close season; (i ii ) the name and address of the approved storage facility where the applicant intends to store the spiny lobster for the duration of the close season; and (iv) where the applicant intends to export the stored spiny lobster, the application shall be accompanied by a certified copy of a valid licence to expo1t or enter for export aqu::...:ulture, inland or marine product or its by-product granted under the Aquaculture, Inland and Marine Products and By-products (Inspection and Licensing) Act. (3) An application under paragraph ( I) shall be submitted to the Minister for consideration no later than the 15th day of Apri l. (4) The Minister may authorize the storage of spiny lobster for the duration of the close season where the Minister is satisfied that (a) where the applicant intends to export 4 spiny lobster, and the applicant is the holder of a valid licence to expo11 or enter for export aquaculture, inland or marine product 9r its by-product grallted under the Aquaculture, In land and Marine Products and By-products (lnspection and Licensing) Act; and (b) the information supplied by the applicant is consistent with the findings of any inspections conducted by a Fishery Inspector. (5) Where the Mi.iister grants an authorization under paragraph (4), the Minister shall issue to the person the authorization, in w.riting, subject to such te1ms and conditions, if any, which shall 5 (a) describe and state the quantity of the spiny lobster that has been authorized for storage during the close season; (b) identify the approved storage facil ity where the applicant intends to store the spiny lobster; (c) state the period during which the spiny lobster is to be stored; and (d) include any other matters as the Minister JTI?Y determine. (6) Where a licensed fisherman has been granted authorization under paragraph ( 4) is informed that an approved storage facility named in the authorization for storage of spiny lobster is unable or unwilling to store the spiny lobster, the person who made the application sha ll advise the ' Minister, in writing, of any change in an-angements for storage at least twenty-four hours before the date of intended delivery of the spiny lobster to another approved storage facility. (7) In this regulation "certified copy" means a copy certified, on presentation of the original document, by a Justice of the Peace or a public officer appointed for the purpose by the Minister." . Amendment 6. The principal Regulations are amended by deleting regulation 5 and of regulation 5 of principal substituting therefor the following ....'. Regulations. " Power to enter premises, etc. 5. - ( I) AFisherylnspectormayenteratall reasonable times 6 (a) any premises he knows o,· reasonably be! ieves to be under the control of a person in possession of spiny lobster; (b) the premises of a person refetTed to in regulation 4; (c) an authorized storage facility or an approved storage facility; ( d) devices or containers in which he knows or reasonably believes spiny lobster are confined. (2) Where an approved storage facility receives for storage or releases from storage any spiny lobster, a Fishery lnspector shall inspect the spiny lobste1: (a) at the time of deli very for storage or release from storage, as the case may be, to ensure that the quantity and description of spiny lobster conforms with the authorization issued by the Minister before the approved storage faci lity stores the spiny lobster or releases from storage the spiny lobster at the enp of the close season; and (b) on completion of an inspection, where the Fishery Inspector is satisfied that the spiny lobster presented for storage or release from storage, as the case may be, conforms with the authorizati on of the Minister, the Fishery Inspector shall giv~ a written approval for the approved storage facility to accept the spiny lobster for storage or to release it, as the c'ase may be. (3) The approval of a Fishery Inspector shall 7 Amendment of regulation 7 of principal regulations. (a) identify the Fishery Inspector conducting the inspection; ' ( b) state the date on which and place where the inspection was conducted; ( c) refer to the relevant authorization for storage and identity the licensed fisherman to whom it was granted and the approved storage facility; (d) state whether the quantity and description of spiny lobster conforms with the authorization for storage; (e) state whether the Fishery Inspector approves the storage or release of the spiny lobster; (f) include any other matter that the Minister may specify. ( 4) The Fishery Inspector's approval shall be provided to the relevant approved storage facility and the licensed fishe1:man whose spiny lobster has been authorized for storage during the closed season." 7. The principal Regulations are amended in regulation 7 (a) in paragraph (l), by deleting the words "storing fish and fish products" and substituting th~refor the words "storing spiny lobster"; (b) by deleting paragraph (2) and substituting therefor the following 8 lnsert new regulation 7 A in principal Regulations. ·'(2) °The Minister may, in writing, appro,ve a fac ility, for the storage of spiny lobster during a close season. (3) A Fishery Inspector shall from time to time, inspect each authorized storage fac ility or approved storage facility.". 8. The principal Regulations are 'amended by inserting next after regulatiqn 7 the following "Application for storage of spiny lobster. 7 A. - (I) An approved st0rage facility shall (a) only accept for storage or store spiny lobster during a close season on presentation of and in accordance with an authorization for storage issued by the Minister; (b) not release or deliver from storage spiny lobster during a close season; (c) accept, receive, release<'.!" deliver spiny lobster for storage during a c lose season in the presence of and with the approval, in writing, of a Fishery Inspector issued under regul ation 5(2). (2) An approved storage facility that stores spiny lobster shall keep a record for at least seven years of all authorizations and Fishery Inspector approvals in re~pect thereof. (3) For the avoidance of any doubt, an authorization by the Minister under regulation 4A (4) specifying a named authorized storage faci lity does not oblige that storage facility to enter into a 9 Revocation of design nation of sto.-age facility. Access to stored spiny lobster. contract with any person for the storage of spiny lobster or compel the named storage facility to accept spiny lobster for storage. 7B. - ( l ) Where the desi~nation of an authorized storage facility is revoked the facility shall not accept for storage any seized spiny !obster. (2) Where the approval of an approved storage facility is revoked the facility shall not accept for storage any 'spiny lobster authorized for storage by the Minister. (3) Where a facility referred to in paragraph (I) or (2), at the time of revocation of designation or approval, as the case may be, has in storage any spiny lobster that spiny lobster may remain in storage rem~in in storage at that facility under the supervision of a Fishery Inspector for one month from the date of revocation of designation or such other period as the Minister may, in writing, determine. 7C. - (I) Subject to paragraph (2), no person shall access, handle, or interfere with any spiny lobster in storage at an approved storage during a close season. (2) Subject to paragraph (2), no approved storage facility shall permit any person access to spiny lobster held in storage at that faci li ty during a close season. ' ' (3) Paragraph (1) or (2) does not apply where 10 rhe spiny lobster, while in storage, is accessed or handled by (a) a Fishery Inspector; or (b) any person , in the interests of sateguarding or securing the spiny lobster, including preserving the condi tion thereof, where there is a n event outside the control of the operator of the approved storage faci lity. including ( i) earthquake, hurricane, nood or other natural d isaster event; (i i) civ·;1 unrest, riot, or an ac t or a third party. ( 4) Where a person gains or is g iven access to or handles the stored spiny lobster under paragraph 3(b) to preserve that spiny lobster, the operator of the approved storage fac ility sha ll 11 (a) notify the Min.ister as soon as practicable; and (b) give a report in w riti ng, to the Minister and. on request, the licensed fisherman 10 whom a uthorization for storage was g iven whose spiny lobster has been accessed or handled whil e in storage. Dated this Transitional. 7D. In respect of a close season in effect during ,.,/t:.J I 7 day of the year of publication of these Regulations in the Gazette, an application made under regulation 4A may be made before the I s1 day of May, and any spiny lobster in the possession of an applicant that is the subject of such an application, having been lawfully fished in accordance with the Act, shall not be subject to seizure by a Fishery Inspector and the applicant shall not be liable under regulation 8.". o/Jzd 12 , 20 14. Minister of Agriculture . and Fisheries