Rodrigues Regional Assembly (Fisheries and Marine Resources - Marine Protected Areas) Regulations 2009 (GN No. 2 of 2009)

Rodrigues Regional Assembly (Fisheries and Marine Resources – Marine Protected Areas) Regulations 2009 RodriguesGN No. 2 of 2009 Government Gazette of Mauritius No. 18 of 28 February 2009 THE RODRIGUES REGIONAL ASSEMBLY (FISHERIES AND MARINE RESOURCES - Marine Protected Areas) REGULATIONS 2009 Regulations made by the Rodrigues Regional Assembly under section 31 of the Rodrigues Assembly Act 2001 ARRANGEMENT OF SECTIONS Section PART I – PRELIMINARY 1. Short Title 2. Interpretation PART II - GENERAL PROVISIONS FOR THE PRESERVATION OF MARINE PROTECTED AREAS 3. Interference in Marine Protected Areas 4. Authorisation PART III - SPECIFIC PROVISIONS FOR SOUTH EAST MARINE PROTECTED AREA 5. Delimitation of the South East Marine Protected Area (SEMPA) Rodrigues PART IV – OFFENCES AND PENALTIES 6. Offences and Penalties PART I – PRELIMINARY 1. Short Title These regulations may be cited as the Rodrigues Regional Assembly (Fisheries and Marine Resources - Marine Protected Areas) Regulations 2009. 2. Interpretation "Commission" means the Commission having responsibility for the subject of Marine Parks; "Commissioner" means Commissioner responsible for the subject of Marine Parks; "structure" includes a building, fence, gate, notice, sign, marker, post, jetty, buoy, float, mooring or cairn, breakwater, groyne, slipway, floating pontoons. PART II - GENERAL PROVISIONS FOR THE PRESERVATION OF MARINE PROTECTED AREAS 3. Interference in Marine Protected Areas (1) No person shall (a) build or place any dam, pier, dock, jetty, sign, mooring device or any other structure; (b) interfere with, dig up, collect or remove any sand, mud, rock, rubble, mineral or other natural substance; (c) remove, or otherwise interfere with, any object of archaeological or historical interest, in a Marine Protected Area unless he holds an authorisation. (2) No person shall, in any Marine Protected Area – (a) discharge or deposit any waste, oily liquid, acid or other chemical or toxic or polluting substance; (b) damage, deface, or otherwise interfere with any marine flora or fauna, rock or infrastructure by writing or marking it in any way. 4. Authorisation The Commissioner may issue an authorisation under section 3(1) with such conditions as he may determine. PART III - SPECIFIC PROVISION FOR SOUTH EAST MARINE PROTECTED AREA 5. Delimitation of the South East Marine Protected Area (SEMPA) - Rodrigues The description of the boundaries of the South East Marine Protected Area (SEMPA) is set out in the First Schedule. PART IV – OFFENCES AND PENALTIES 6. Offences and Penalties A person who contravenes these regulations or falls to comply with any conditions of authorisation issued under these regulations, shall commit an offence and shall, on conviction, be liable (a) in the case of a first conviction, to a fine of not less than rupees three thousand (Rs 3,000) and not more than rupees five thousand (Rs 5,000); and (b) in the case of a second and subsequent convictions, to a fine of not less than rupees five thousand (Rs 5,000) and not more than rupees ten thousand (Rs 10,000) and to imprisonment for a term not exceeding two years. Passed by the Rodrigues Regional Assembly on 17 February 2009. FIRST SCHEDULE (Regulation 5) DESCRIPTION OF BOUNDARIES OF SOUTH EAST MARINE PROTECTED AREA (SEMPA) The South East Marine Protected Area is bounded as follows: To the western extent of the area starting from a point (A) onshore at Pointe Corail having coordinates S19°771299', E63°381599', the boundary runs along an imaginary line in an easterly direction to a point (B) South of Isle Deux Frères at coordinates S19°771799', E63°407902' From point (B) the boundary runs along an imaginary line in a south easterly direction to point (C) adjacent to Isle Plat and Passe Plat at coordinates S19°793600', E63°437500' crossing the reef crest in the same direction to a point (D) at coordinates S19°795099', E63°439602' on the 20 m isobath. From point (D) the boundary follows the 20 m isobath in a north easterly direction towards a point (E) with coordinates S19°716999', E63°504299' adjacent Pointe Roche Noire. From point (E) the boundary follows an imaginary line in a westerly direction to point (F) with coordinates S19°717100', E63°500301' at Pointe Roche Noire. From the last mentioned point (F), the boundary follows the seashore towards the south west up to the starting point (A).