Fisheries Act (Cap. 67:51)

FISHERIES ACT CHAPTER 67:51 LAWS OF TRINIDAD AND TOBAGO Act 39 of 1916 Amended by 39 of 1966 23 of 1975 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1–25 .. L.R.O. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 2 Chap. 67:51 Fisheries LAWS OF TRINIDAD AND TOBAGO Index of Subsidiary Legislation Page Fisheries Regulations (G. 25.2.1926, 13.3.1930)… … … 7 Oysters from Ortoire River Regulations (G. 5.12.1929) … … … 12 Protection of Turtle and Turtle Eggs Regulations (GN 119/1975) … … 12 Fisheries (Conservation of Marine Turtles) Regulations (LN 65/1994) … 13 Notification of Procedures for Resuscitation of Turtles (LN 194/1999) … 16 Notification of Type and Specification of Turtle Excluder Devices (TEDs) (LN 247/2004) … … … … … … 18 Fisheries (Control of Demersal Trawling) Regulations (LN 335/2004) … 22 MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 Fisheries Chap. 67:51 3 LAWS OF TRINIDAD AND TOBAGO L.R.O. CHAPTER 67:51 FISHERIES ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Application of Act. 4. Regulations. 5. Duty of Fisheries Officer. 6. Penalty for breach of regulations. 7. Use of poison or explosives. 8. Taking fish in prohibited areas. 9. Inspection, seizure and forfeiture of nets. 10. Offences committed at sea. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 4 Chap. 67:51 Fisheries LAWS OF TRINIDAD AND TOBAGO CHAPTER 67:51 FISHERIES ACT An Act to regulate fishing in the waters of Trinidad and Tobago. [11TH DECEMBER 1916] 1. This Act may be cited as the Fisheries Act. 2. In this Act— “fish” includes oysters, crabs, shrimps, turtle, turtle eggs, corals and any species of other marine fauna; “Fisheries Officer” means the person for the time being holding the office of Fisheries Officer and includes any officer of the Fisheries Division of the Ministry of Agriculture; “prohibited area” means an area declared by the Regulations made under section 4 to be a prohibited area. 3. This Act shall extend to all rivers, whether tidal or otherwise, and to the Territorial Sea of Trinidad and Tobago as defined by the Territorial Sea Act. 4. The Minister may make Regulations— (a) for prescribing the size of mesh, form, and dimensions of nets or appliances for fishing, and for the manner of using the same; (b) for restricting the size of fish, crabs, shrimps and turtles that may be taken, and prohibiting the sale or exposing for sale of such as are under such size as may be prescribed by the Regulations; (c) declaring any area to be a prohibited area; (d) prohibiting the killing, harpooning, taking, removing, catching or any other means of taking possession of fish or any variety thereof either absolutely or at such times and within such areas as may be prescribed; 1950 Ed. Ch. 25. No. 9. 39 of 1916. Commencement. Short title. Interpretation. [39 of 1966]. Application of Act. [39 of 1966 23 of 1975]. Ch. 1:51. Regulations. [39 of 1966 23 of 1975]. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 Fisheries Chap. 67:51 5 LAWS OF TRINIDAD AND TOBAGO L.R.O. Duty of Fisheries Officer. [39 of 1966 23 of 1975]. Penalty for breach of regulations. [39 of 1966 23 of 1975]. Use of poison or explosives. Taking fish in prohibited areas. [39 of 1966 23 of 1975]. Inspection, seizure and forfeiture of nets. [39 of 1966 23 of 1975]. (e) prohibiting the sale, offering or exposing for sale or the purchase of fish or any variety thereof either absolutely or at such times and within such areas as may be prescribed. 5. It is the duty of the Fisheries Officer and any person authorised in writing by him so to do, subject to any general or special directions given by the Minister, to carry out the provisions of this Act. 6. (1) A person who contravenes any regulation made under this Act is liable on summary conviction to a fine of two thousand dollars and to imprisonment for six months. (2) The Magistrate, in his discretion, may also order any net or other appliance used in the commission of any offence to be forfeited to the State. 7. Any person who uses poison of any description or any explosive with intent to stupefy, poison, take or kill fish is liable on summary conviction to a fine of one thousand dollars or to imprisonment for three months. 8. (1) Except with the written permission of the Minister, no person shall take any fish in a prohibited area. (2) Any person who contravenes subsection (1) is liable on summary conviction to a fine of two thousand dollars and to imprisonment for six months. 9. (1) The Fisheries Officer and any person authorised in writing by him may inspect and measure any fishing net which he may see in any part of Trinidad and Tobago, whether or not the same has been seen in actual use, and may, without warrant, enter into or upon any premises between the hours of seven o’clock in the morning and five o’clock in the afternoon in or upon which there shall be any fishing net visible for the purpose of inspecting and measuring the same. (2) If the Fisheries Officer or any person authorised in writing by him is satisfied that the construction of such fishing net MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 6 Chap. 67:51 Fisheries LAWS OF TRINIDAD AND TOBAGO Offences committed at sea. contravenes the provisions of the law for the time being set forth in any regulation made under this Act, he may cause such net to be conveyed to the nearest convenient place where the same may be measured. (3) If on inspection or measurement it is found that the construction of such net contravenes the law as aforesaid, it shall be seized and taken before a Magistrate, who, upon being satisfied of such contravention, shall declare the same to be forfeited; and the Magistrate may declare and order such forfeiture notwithstanding that no person has been charged in relation to or in connection with such net with having committed an offence against any regulation made under this Act. (4) Where a net has been seized under this section, and no person at the time of the seizure is found in possession of the same, the order for its forfeiture shall not be declared by the Magistrate until the expiration of one month after its seizure, or until, before the expiration of such month, the owner or other person entitled to the possession of the net comes forward to claim the same and has been given an opportunity of showing cause why it should not be forfeited. (5) The Magistrate shall cause every fishing net forfeited as aforesaid to be delivered to the Police for the purpose of being destroyed, and the police officer in charge of the Police Station where any such fishing net is delivered shall forthwith destroy the same. 10. Any offence against this Act committed at sea is deemed to have been committed on the coast adjoining the sea, or to have been committed in any place where the offender is found, and may be tried and punished accordingly. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 Fisheries Chap. 67:51 7 LAWS OF TRINIDAD AND TOBAGO L.R.O. SUBSIDIARY LEGISLATION FISHERIES REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation. 2. Nets. 2A. Use of monofilament nets and mesh. 3. Fish less than twelve inches. 4. Fish less than eight inches. 5. Sardine. 6. Prohibition. 7. Dragging a net or seine. 8. Restrictions on operation of certain boats/vessels. 9. Research and training. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 [Subsidiary] 8 Chap. 67:51 Fisheries LAWS OF TRINIDAD AND TOBAGO FISHERIES REGULATIONS made under section 4 1. These Regulations may be cited as the Fisheries Regulations. 2. (1) The nets to be employed in the territorial waters of Trinidad and Tobago shall be the following and no others: (a) Multifilament Nets and Monofilament Nets for use in gill net fishing—Length of net not to exceed nine hundred feet. Width at centre not to exceed fifteen feet. Diagonal stretched mesh not to be less than four point two five inches; (b) Monofilament Nets for catching Mullets—Length not to exceed nine hundred feet. Width at centre not to exceed twelve feet. Diagonal stretched mesh not to be less than three point five inches; (ba) Monofilament Nets for catching Flying fish— Diagonal stretched mesh not to be less than one point seven five inches; (c) Pocket Seines for catching mixed white fish— Length not to exceed nine hundred feet. Width of pocket not to exceed fifteen feet, tapering to two feet. Mesh in the pocket not less than three-quarter inch square at end of pocket; (d) Pocket Seines for catching Prawns—Length not to exceed one hundred and twenty feet. Width not to exceed twelve feet. Mesh not to be less than half an inch square; (e) Seines for catching Bait—Length not to exceed one hundred and twenty feet. Width not to exceed nine feet. Mesh not to be less than half an inch square; (f) Cast Nets for catching Bait—Length not to exceed six feet. Mesh not to be less than half an inch square; G. 25.2.1926. [13.3.1930 121/1998 163/2000 160/2002 171/2002]. Citation. Nets. [121/1998 160/2002 171/2002]. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 Fisheries Regulations [Subsidiary] Fisheries Chap. 67:51 9 LAWS OF TRINIDAD AND TOBAGO L.R.O. (g) Gar Seines for catching fish other than Cavalli or Jack fish—Length not to exceed five hundred and forty feet. Width not to exceed twelve feet at centre. Mesh not to be less than half an inch square; (h) Seines for catching Cavalli—Length not to exceed seven hundred and fifty feet. Width not to exceed thirty-six feet in centre. Mesh not to be less than one and seven-eighth inches square; (i) Seines for catching Jack fish—Length not to exceed six hundred feet. Width not to exceed twenty-four feet at centre. Mesh to be not less than half an inch square; (j) Seines known as Italian Seines—Length not to exceed nine hundred feet. Mesh to be not less than half an inch square; (k) Trawl Nets for catching fish—Diagonal stretched mesh not to be less than three inches. Chafing gear shall cover not less than twenty-five per cent of the cod end of the net and shall have a diagonal stretched mesh of not less than three inches; (l) Trawl nets for catching Shrimp—Diagonal stretched mesh not to be less than one point five inches. Chafing gear shall cover not less than twenty-five per cent of the cod end of the net and shall have a diagonal stretched mesh of not less than one point five inches. (1A) In subregulation (1) “cod end” means the posterior end of a trawl net, in which the majority of fish or shrimp caught is lodged during trawling. (2) The use of any such net for a purpose other than that specified in subregulation (1) shall be unlawful. (3) The onus of proving that a net in which are found fish which it is unlawful to take in any such net has not been unlawfully used shall be on the person using the same. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 Fisheries Regulations[Subsidiary] 10 Chap. 67:51 Fisheries LAWS OF TRINIDAD AND TOBAGO 2A. (1) A person who uses monofilament mesh or monofilament nets for catching Mullet shall not bring to shore any species of fish other than Mullet, in excess of fifteen per cent of the weight of the catch. (2) A person shall not carry on board a vessel at the same time, monofilament mesh or monofilament nets, with a diagonal stretched mesh of less than four point two five inches and mesh or nets of another size. 3. No fish less than twelve inches in length of the following kinds: King fish, Spanish Mackerel, Grouper, Codfish, Sorb, Pargue and Zeblan, shall be taken or sold or exposed for sale. 4. No fish less than eight inches in length of the following kinds: Cola, Red fish (Vivanot, Walliacke, Tete-ronde and Pomfano), and Salmon, shall be taken or sold or exposed for sale. 5. No Sardine shall be sold except to a bona fide fisherman for the purpose of bait. 6. (1) No fish, Shell-fish, Crabs or Shrimps shall be taken within the area lying between a line drawn from the mouth of the Caroni River to a buoy fixed one thousand feet seaward from the sewerage outfall and thence to the mouth of the Diego Martin River, and the shore. (2) No fish or Shell-fish (including Oysters, Crabs and Shrimps) shall be taken anywhere between Claxton Bay and the mouth of the Cipero River or from the sea between the said places for a distance of one-half of a mile seawards from low water-mark. Use of monofilament nets and mesh. [160/2002]. Fish less than twelve inches. Fish less than eight inches. Sardine. Prohibition. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 Fisheries Regulations [Subsidiary] Fisheries Chap. 67:51 11 LAWS OF TRINIDAD AND TOBAGO L.R.O. Dragging a net or seine. Restrictions on operation of certain boats/vessels. [121/1998]. Research and training. [121/1998]. 7. Every person dragging a net or seine other than those specified in regulation 2(1)(d) and (e) shall remove all fish from such net or seine in water not less than three feet in depth. 8. (1) A person operating a commercial multi-gear boat shall not do so within a distance of two nautical miles from the coast line. (2) A person operating an artisanal vessel or a vessel for recreational purposes shall be permitted to do so within a distance of two nautical miles from the coast line. 9. These Regulations do not apply to any person who holds a licence or other relevant permission from the Minister to undertake research and training within the areas covered by these Regulations. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 [Subsidiary] 12 Chap. 67:51 Fisheries LAWS OF TRINIDAD AND TOBAGO G. 5.12.1929. Citation. Prohibition. 119/1975. [201/2011]. Citation. Prohibition on taking, removing or selling of any turtle eggs. [201/2011]. Prohibition on killing, harpooning or selling of any turtle. [201/2011]. OYSTERS FROM ORTOIRE RIVER REGULATIONS made under section 4 1. These Regulations may be cited as the Oysters from Ortoire River Regulations. 2. No person shall take oysters from the Ortoire River between the Mafeking Road public ferry and the sea from 1st July to 31st December in each year. PROTECTION OF TURTLE AND TURTLE EGGS REGULATIONS made under section 4 1. These Regulations may be cited as the Protection of Turtle and Turtle Eggs Regulations. 2. No person shall— (a) take or remove or cause to be removed any turtle eggs after they have been laid and buried by any female turtle or after they have been buried by any person; or (b) purchase, sell, offer or expose for sale or cause to be sold or offered or exposed for sale or be in possession of any turtle eggs. 3. No person shall, at any time, kill, harpoon, catch or otherwise take possession of any turtle, or purchase, sell, offer or expose for sale or cause to be sold or offered or exposed for sale any turtle, turtle meat or any other part of the turtle. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 [Subsidiary] Fisheries Chap. 67:51 13 LAWS OF TRINIDAD AND TOBAGO L.R.O. FISHERIES (CONSERVATION OF MARINE TURTLES) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation. 2. Interpretation. 3. Application of Regulations. 4. Deadline for installation and description of devices. 5. Capture of turtles. 6. Compulsory participation in certain programmes. 7. Observers. 8. Functions of the Minister. 9. Offences. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 [Subsidiary] 14 Chap. 67:51 Fisheries LAWS OF TRINIDAD AND TOBAGO FISHERIES (CONSERVATION OF MARINE TURTLES) REGULATIONS made under section 4 1. These Regulations may be cited as the Fisheries (Conservation of Marine Turtles) Regulations. 2. In these Regulations— “commercial shrimp trawlers” means all trawl vessels equipped with a mechanically operated net retrieval system or hydraulic winch; “Ministry” means the Ministry with responsibility for marine resources; “Republic” means the Republic of Trinidad and Tobago; “turtle excluder device” means a grid device with webbing extension that is inserted between the body of the trawl net and the cod end of the trawl net and allows the escape of turtles through an open panel. 3. These Regulations apply to all commercial shrimp trawlers that are registered in the Republic or that are permitted to fish in the territorial waters of the Republic, by the Minister or the Harbour Master. 4. In furtherance of regulation 3, every net that is in operational use on a commercial shrimp trawler shall be fitted with a turtle excluder device by April 30, 1994 and such device shall be of the type and specifications authorised by the Minister. 5. (1) Where a person using a commercial shrimp trawler accidentally captures live marine turtles during fishing operations, the person shall immediately return such turtles to the sea. (2) Where such a person accidentally captures live marine turtles that appear to be in a comatose state, the person shall resuscitate the turtles or cause them to be resuscitated in accordance with procedures authorised by the Minister. 65/1994. [146/1997]. Citation. Interpretation. [146/1997]. Application of Regulations. Deadline for installation and description of devices. [146/1997]. Capture of turtles. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 Fisheries (Conservation of Marine Turtles) Regulations [Subsidiary] Fisheries Chap. 67:51 15 LAWS OF TRINIDAD AND TOBAGO L.R.O. 6. Owners of commercial shrimp trawlers shall participate in all national and international marine turtle conservation practices, specified by the Minister. 7. The owner or operator of any commercial shrimp trawler shall permit the Fisheries Officer, or the person authorised by him to inspect any commercial shrimp trawler, with a view to collecting and submitting data on the fisheries activities involving marine turtles. 8. The Minister may from time to time publish by Notification in the Gazette— (a) the procedures for the resuscitation of turtles; (b) any national and international marine turtle conservation practices that have been agreed to by the Republic; and (c) the type and specifications of turtle excluder devices. 9. Where a person contravenes any of these Regulations, the owner of the commercial shrimp trawler, shall be liable on summary conviction to a fine of two thousand dollars and to imprisonment for six months. Compulsory participation in certain programmes. Observers. Functions of the Minister. [146/1997]. Offences. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 [Subsidiary 16 Chap. 67:51 Fisheries LAWS OF TRINIDAD AND TOBAGO NOTIFICATION OF PROCEDURES FOR RESUSCITATION OF TURTLES made under regulation 8(a) of the Fisheries (Conservation of Marine Turtles) Regulations IN EXERCISE of the powers conferred on the Minister under regulation 8(a) of the Fisheries (Conservation of Marine Turtles) Regulations, 1994, Legal Notice No. 65 of 1994, the Minister hereby gives Notice of the procedure for resuscitation of turtles. PROCEDURE FOR RESUSCITATION OF TURTLES 1. Any marine turtle captured accidentally by commercial shrimp trawlers must be handled in a manner to prevent injury to live active specimens prior to release, or observed for activity, resuscitated and returned to the water according to the following procedures: (a) marine turtles that are dead or actively moving must be released over the stern of the boat and when they are released— (i) trawls must not be in use; (ii) engine gears must be in neutral position; and (iii) the release must be in areas where recapture or injury by vessels is unlikely; (b) resuscitation must be attempted on marine turtles that are comatose or inactive, but not dead, by— (i) placing the turtle on its back (carapace) and pumping its breastplate (plastron) with hand or foot; or (ii) placing the turtle on its breastplate (plastron) and elevating its hindquarter several inches for a period of 1 to 24 hours. (The degree of elevation to be determined by the size of the turtle with greater elevations being needed for larger turtles); (iii) placing the turtles being resuscitated under shade and keeping them wet or moist; 194/1999. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 Notification of Procedures for Resuscitation of Turtles [Subsidiary] Fisheries Chap. 67:51 17 LAWS OF TRINIDAD AND TOBAGO L.R.O. (c) turtles which are successfully revived and become active as well as those which fail to respond within several hours (up to 24 hours) must be released according to procedures outlined in paragraph (a). 2. Any marine turtle captured accidentally by a commercial shrimp trawler must not be consumed, sold, offered for sale, landed, off-loaded, trans-shipped, or kept below deck. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 [Subsidiary] 18 Chap. 67:51 Fisheries LAWS OF TRINIDAD AND TOBAGO NOTIFICATION OF TYPE AND SPECIFICATION OF TURTLE EXCLUDER DEVICES (TEDS) ARRANGEMENT OF NOTIFICATION CLAUSE 1. Construction materials. 2. Angle of deflector bars. 3. Space between bars. 4. Direction of bars. 5. Escape opening. 6. Size of grid. 7. Attachment of grid. 8. Floats. 9. Accelerator funnels, webbing flaps and chaffing webbing. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 [Subsidiary] Fisheries Chap. 67:51 19 LAWS OF TRINIDAD AND TOBAGO L.R.O. NOTIFICATION OF TYPE AND SPECIFICATION OF TURTLE EXCLUDER DEVICES (TEDS) made under regulation 8(c) of the Fisheries (Conservation of Marine Turtles) Regulations IN EXCERCISE of the powers conferred on the Minister under regulation 8(c) of the Fisheries (Conservation of Marine Turtles) Regulations, 1994, Legal Notice No. 65 of 1994, the Minister hereby gives notice of the revocation of Legal Notice No. 195 of 1999 and of the adoption of new types and specifications to Turtle Excluder Devices (TEDs) as follows: TYPE AND SPECIFICATIONS OF TURTLE EXCLUDER DEVICES 1. The following materials may be used: (a) solid steel rod that measures a minimum outside diameter of 0.64 cm (1⁄4 in.); (b) fibreglass or aluminium rod which measures a minimum outside diameter of 1.27 cm (1⁄2 in.); or (c) steel or aluminium tubing with a minimum outside diameter of 1.27 cm (1⁄2 in.) and minimum wall thickness of 0.32 (1⁄8 in.) (schedule 40 tubing). 2. The angle of the deflector bars shall be between 30º and 55º from the horizontal flow through the trawl. 3. The space between deflector bars and between the deflector bars and the frame, shall not exceed 10.2 cm (4 ins.). 4. The deflector bars shall run from top to bottom of the TED, in normal position in the net, except that up to four of the bottom bars and two of the top bars including the frame may run from side to side of the TED. 5. The escape opening shall— (a) be positioned immediately forward of the frame; (b) be cut horizontally along the same plane as the TED; and 247/2004. Construction materials. Angle of deflector bars. Space between bars. Direction of bars. Escape opening. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 Notification of Type and Specification of Turtle Excluder Devices (TEDs)[Subsidiary] 20 Chap. 67:51 Fisheries LAWS OF TRINIDAD AND TOBAGO (c) measure at least 89 cm (35 ins.) in horizontal taut length and simultaneously 51 cm (20 ins.) in vertical taut height, the latter being taken at the mid point of the horizontal measurement. 6. A single grid hard TED shall have an inside horizontal and vertical measurement of at least 81cm (32 ins.) at the mid point of the deflector grid. 7. A hard TED shall be sewn into the trawl around the entire circumference of the TED with heavy twine. 8. (1) All bottom opening hard TEDs shall have adequate flotation as set out below— (a) where the TED circumference is less than 305 cm (120 ins.) the following flotation is allowable: (i) one expanded polyvinyl chloride (PVC) or expanded ethylene vinyl acetate (EVA) float 17.2 cm (6.75 ins.) in diameter by 22.2 cm (8.75 ins.) in length; (ii) one aluminium (AL) or hard plastic (HP) float 25 cm (9.8 ins.) in diameter; or (iii) manufacturer stamped certified floatation at least 4.5 kg (10 lbs.); and (b) where the TED circumference is equal to or greater than 305 cm (120 ins.) the following floatation is allowable: (i) two expanded polyvinyl chloride (PVC) or expanded ethylene vinyl acetate (EVA) floats 17.2 cm (6.75 ins.) in diameter by 22.2 cm (8.75 ins.) in length; (ii) one aluminium (AL) or hard plastic (HP) float 25 cm (9.8 ins.) in diameter; or (iii) manufacturer stamped certified floatation at least 9.1 kg (20 lbs.). (2) Floats shall be attached to either the outside or inside of the net and where it is attached inside the net, it shall be behind the TED frame. Size of grid. Attachment of grid. Floats. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 Notification of Type and Specification of Turtle Excluder Devices (TEDs) [Subsidiary] Fisheries Chap. 67:51 21 LAWS OF TRINIDAD AND TOBAGO L.R.O. 9. (1) Accelerator funnels, webbing flaps and chaffing webbing may be used and where used shall be in accordance with this clause. (2) The tapered end of the accelerator funnel shall open to a minimum diameter of 112 cm (44 ins.) when stretched in a straight line configuration— (a) no more than one-third of the tapered end of the funnel may be attached to the grid and the attachment to the grid shall be opposite to the escape opening; (b) the maximum mesh size from which the funnel is constructed is 4.1 cm (15⁄8 ins.) stretched mesh; and (c) the rear edge of the funnel may not extend past the TED deflector bars. (3) The webbing flap shall have the following specifications: (a) constructed of webbing no larger than 4.1 cm (15⁄8 ins.) stretched mesh; (b) attached along the entire forward edge of the escape opening; (c) not attached on the sides more than 15.2 cm (6 ins.) beyond the posterior edge of the grid; and (d) not extended more than 61 cm (24 ins.) beyond the posterior edge of the grid. (4) The chaffing webbing is subject to the following conditions: (a) where constructed of nylon, twine size shall not be smaller than 2.46 mm in diameter; (b) shall be attached along its leading edge only; and (c) shall not extend beyond the tailing edge or sides of the existing escape opening webbing flap. Accelerator funnels, webbing flaps and chaffing webbing. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 [Subsidiary] 22 Chap. 67:51 Fisheries LAWS OF TRINIDAD AND TOBAGO 335/2004. [303/2006]. Citation. Interpretation. Schedule 1. Trawling permitted. Schedule 2. Trawling on North Coast. Trawling on South Coast. Trawling in the Gulf of Paria. FISHERIES (CONTROL OF DEMERSAL TRAWLING) REGULATIONS made under section 4 1. These Regulations may be cited as the Fisheries (Control of Demersal Trawling) Regulations. 2. In these Regulations— “artisanal trawler” means a fishing vessel used for trawling, equipped with a manually operated rig-handling system; “demersal trawling” means the dragging or pulling of a trawl net on the bottom of the sea, in order to catch shrimp or a demersal species of fish; “East Coast”, “North Coast”, “South Coast” and “Gulf of Paria” have the meanings assigned to them in Schedule 1. 3. A person may carry out demersal trawling for fish or shrimp within the limits of the areas identified on the map in Schedule 2. 4. (1) A person may only carry out demersal trawling for fish or shrimp off the North Coast, where such trawling is conducted west of Saut d’Eau at a distance outside of two nautical miles in the territorial waters off the North Coast. (2) Demersal trawling on the North Coast under subregulation (1), shall only be conducted from 15th November each year to 15th January of the following year, from 6.00 a.m. to 6.00 p.m. 5. A person may carry out demersal trawling for fish or shrimp, in the territorial waters off the South Coast at a distance outside of two nautical miles from the South Coast. 6. (1) Subject to subparagraph (2), a person may carry out demersal trawling for fish or shrimp, in the Gulf of Paria. (2) A person operating a trawler that is not an artisanal trawler, shall not carry out demersal trawling for fish or shrimp— (a) at a distance inside of one nautical mile from the coastline of the Gulf of Paria; MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 Fisheries (Control of Demersal Trawling) Regulations [Subsidiary] Fisheries Chap. 67:51 23 LAWS OF TRINIDAD AND TOBAGO L.R.O. Restriction on trawling. Exemption on application of Regulations. Regulation 2. Computation of co-ordinates. North Coast. (b) where the trawler has an engine size of 180 horsepower or less, between the one fathom, isobath and six fathom isobath of the Gulf of Paria; (c) where the trawler has an engine size in excess of 180 horsepower, between the six fathom and ten fathom isobath of the Gulf of Paria. 7. A person shall not carry out demersal trawling except as provided in these Regulations and in particular, a person shall not carry out demersal trawling— (a) within the twelve nautical mile limit off the coastline of Tobago except where such an area coincides with the North Coast of Trinidad; and (b) in the territorial waters off the East Coast. 8. These Regulations shall not apply to a person who holds a licence or other permission from the Minister to undertake research and training within the areas covered by these Regulations. SCHEDULE 1 1. The co-ordinates referred to in this Schedule are computed by means of the World Geodetic System, 1984. 2. “North Coast” means the marine area— (a) bounded on the West by a line drawn by joining points, the respective co-ordinates of which are: (i) 10º 44' 44.37356" N and 61º 47' 28.34325" W; (ii) 10º 45' 43.37021" N and 61º 47' 3.34198" W; (iii) 10º 48' 6.362058" N and 61º 45' 59.89877" W; and (iv) 10º 53' 65.34223" N and 61º 43' 50.33214" W; (b) bounded on the East by the meridian of Point Galera, the approximate co-ordinates of which are 10º 50' 9.2476" N and 60º 54' 98.20081" W; and MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 Fisheries (Control of Demersal Trawling) Regulations[Subsidiary] 24 Chap. 67:51 Fisheries LAWS OF TRINIDAD AND TOBAGO (c) the southern limit which is the parallel of Corozal Point, the approximate co-ordinates of which are 10º 44' 44.37205" N and 61º 36' 52.31479" W. 3. “East Coast” means the marine area to the south of the parallel of Point Galera. 4. “South Coast” means the marine area bounded on the north by the parallel through Arenal Point and on the east by the meridian through Point Galeota, the approximate co-ordinates of which are 10º 08' 20.47992" N and 60º 59' 24.2498" W. 5. “Gulf of Paria” means the marine area bounded on the north by the parallel of Corozal Point, the approximate co-ordinates of which are 10º 44' 44.37205" N and 61º 36' 52.31479" W and on the south by the parallel through Arenal Point, the approximate co-ordinates of which are 10º 03' 0.505373" N and 61º 55' 44.40128" W. East Coast. South Coast. Gulf of Paria. MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 Fisheries (Control of Demersal Trawling) Regulations [Subsidiary] Fisheries Chap. 67:51 25 LAWS OF TRINIDAD AND TOBAGO L.R.O. SCHEDULE 2/L MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016