Barbuda (Coastal Zoning and Management) Regulations, 2014 (S.I. No. 34 of 2014)

ANTIGUA AND BARBUDA THE BARBUDA (COASTAL ZONING AND MANAGEMENT) REGULATIONS, 2014 STATUTORY INSTRUMENT 2014, No. 34 [Published in the Official Gazette Vol. XXXIV No. 57 dated 28th August, 2013] Printed at the Government Printing Office, Antigua wad Barbuda, by Ralph George, Government Printer — By Authority, 2014. 600-9.14 [ Price $15.90 The Barbuda (Coastal Zoning and Management) 2 2014, No. 34 Regulations, 2014 2014, No. 34 The Barbuda (Coastal Zoning and Management) Regulations, 2014 THE BARBUDA (COASTAL ZONING AND MANAGEMENT) REGULATIONS, 2014 ARRANGEMENT Regulations 1. Short title 2. Interpretation 3. Marine sanctuaries 4. No-net zones 5. Anchoring and mooring zones 6. Shipping areas 7. Additional types of zones 8. Management fees 9. Research in Barbuda waters 10. Prohibitions 11. Codrington Lagoon 12. Seagrass and mangrove protection 13. Map to be made available 14. Designation and powers of enforcement officers 15. Offenses and penalties 16. Natural Resource Damages 17. Notice of Violation 18. Immunity 19. Fees, fines, etc. Schedules The Barbuda (Coastal Zoning and Management) 4 2014, No. 34 Regulations, 2014 ANTIGUA AND BARBUDA THE BARBUDA (COASTAL ZONING AND MANAGEMENT) REGULATIONS, 2014 2014, No. 34 THE BARBUDA (COASTAL ZONING AND MANAGEMENT) REGULATIONS, made by the Barbuda Council in exercise of the powers contained in section 19 of the Barbuda Local Government Act of 1976, CAP. 44, as amended. 1. Short title These Regulations may be cited as the Barbuda (Coastal Zoning and Management) Regulations, 2014. 2. Interpretation In these Regulations— "Barbuda" includes all waters and submarine areas under the jurisdiction of the Barbuda Council, including internal waters and coastal waters; "Catch-and-release" fishing means fishing (a) for recreational use; (b) with a handheld hook and line; (c) in which all fish are handled and released in such a way as to maximize survival and minimize harm to the fish; (d) in which all fish caught are immediately released in the same location where they are caught, and are not retained for any personal or commercial use; and (e) conducted with all valid permits and in accordance with all laws and regulations gov erning fishing in Antigua and Barbuda; "Coastal waters" means waters and submerged lands within 1 league seaward of the (a) low-wa ter line or (b) closing lines of Barbuda as prescribed by the Maritime Areas (Closing Lines-Inter nal Waters) Order 1986 Made Under Section 3(2) of the Maritime Areas Act; "Codrington Lagoon" means all areas specified in Part I of Schedule E and delineated on the maps set out in Part II thereof, including the eastern and western flashes, as specified and delin eated therein; "Committee" means the Barbuda Coastal Management Committee established under the Barbu da (Fisheries) Regulations, 2014; "Council" means the Barbuda Council; 2014, No. 34 The Barbuda (Coastal Zoning and Management) Regulations, 2014 "Dive" and "diving" mean SCUBA diving, snorkeling, or other diving activities; "Enforcement officer" means an authorised officer as defined in the Fisheries Act, 2006 or any person designated as a Barbuda fisheries ranger by the Council under these regulations; "Internal waters" means any waters landward of the low-water line or closing line of Barbuda as prescribed by the Maritime Areas (Closing Lines-Internal Waters) Order 1986 Made Under Section 3(2) of the Maritime Areas Act, including Goat Island Flush and Codrington Lagoon; "Invasive Alien Species" means plants, animals, pathogens and other organisms that are non-na tive to an ecosystem, and which may cause economic or environmental harm or adversely affect human health; "Marine resource" means any living or non-living resource in Barbuda's coastal environment that contributes to the conservation, recreational, ecological, historical, research, educational, or aesthetic value of Barbuda, including, but not limited to, the seabed; submerged features, includ ing corals and other bottom formations; marine plants, algae, invertebrates, and animals and their habitat; and archaeological sites, historic structures, shipwrecks, and artifacts; "Officer" means Barbuda Senior Fisheries Officer, unless otherwise specified. The terms and phrases defined in the Maritime Areas Act, CAP. 260; Fisheries Act, 2006; Fisheries Regulations, 2013; or Barbuda (Fisheries) Regulations, 2014, shall be given the same meaning in these regulations otherwise specifically defined. 3. Marine sanctuaries The areas of Barbuda specified in Part I of Schedule A and delineated on the maps set out in Part II thereof, are hereby declared to be marine sanctuaries. 4. No-net zones The areas of Barbuda specified in Part I of Schedule B and delineated on the maps set out in Part II thereof are hereby declared to be no-net zones. 5. Anchoring and mooring zones The areas of Barbuda specified in Part I of Schedule C and delineated on the maps set out in Part II thereof are hereby declared to be anchoring and mooring zones. 6. Shipping areas The areas of Barbuda specified in Part I of Schedule D and delineated on the maps set out in Part II thereof are hereby declared to be shipping areas. 7. Additional types of zones The Council may by notice in the Gazette amend the zones created in these Regulations or create additional types of zones and restrictions on activities in those zones to manage and accommodate other uses of Barbuda coastal waters. Such restrictions shall be fully enforceable pursuant to these Regulations. The Barbuda (Coastal Zoning and Management) 6 2014, No. 34 Regulations, 2014 8. Management fees (1) A person shall pay the specified management fee before engaging in any activity listed in Schedule I, unless the Council specifies other payment requirements pursuant to subsection (4). (2) A person shall pay any applicable management fee to the Officer or to such other employ ees of the Council as the Council may designate, and the Officer or designated employee shall issue a receipt indicating the— (a) payment of the fee; (b) dates for which the fee has been paid; (c) identity of the person who paid the fee; and (d) such other information as the Council may determine. (3) A person engaging in activity for which payment of a management fee is required shall display the receipt for said payment upon request by an enforcement officer. (4) The Council may amend Schedule I by notice in the Gazette. Such amendments may in clude— (a) the activities for which payment of a management fee is required; (b) the amounts of required management fees; (c) the timing for payment of management fees; or (d) such other amendments as the Council deems necessary for the long-term stewardship of Barbuda's marine environment. 9. Research in Barbuda waters (1) The Council may grant permission for a vessel or person to undertake research in Barbuda waters, provided that the vessel or person has submitted to the Council— (a) a research plan; and (b) evidence that the Minister with responsibility for fisheries has approved any fisheries research after consultation with the Chief Fisheries Officer pursuant to section 54 of the Fisheries Act, 2006. (2) The Council may attach such conditions as it considers fit to a permission granted under subsection (1) and may exempt the person or vessel from obtaining a Barbuda Special Area Permit if required to conduct the research. (3) A permission or exemption granted under this section shall be in writing, shall be kept on 2014, No. 34 The Barbuda (Coastal Zoning and Management) Regulations, 2014 board any vessel engaging in research in Barbuda coastal waters, and shall be presented to an en forcement officer upon request. 10. Prohibitions (1) A person shall not fish or attempt to fish in a marine sanctuary, except— (a) when conducting scientific research with the express permission of the Council; or (b) when participating in a Council-sanctioned event intended to control invasive alien spe cies. (2) A person shall not fish with a net or otherwise use a net in a no-net zone. (3) A person shall not anchor or moor any vessel in any Barbuda waters other than in an an choring and mooring zone except— (a) when fishing with a valid Barbuda Special Area Permit; (b) when diving; or (c) as necessary for safeguarding life and property at sea. (4) A person shall not anchor or moor a vessel, fish, dive or swim in a shipping area except— (a) anchoring or mooring when actively loading or unloading cargo or stores or embarking or debarking passengers; (b) mooring when using a dock in the area; or (c) with the prior written permission of the Council. (5) A person shall not drag any dinghy, inflatable raft, or any other type of vessel across any sand bar, reef, seagrass bed, or other substrate on Barbuda, including across the sand that separates Low Bay from Codrington Lagoon, except when required for safeguarding of life or property at sea. (6) A person shall not operate a vessel in a manner that results in direct or indirect harm to seagrass, except to the minimum extent necessary when— (a) fishing under and in compliance with a Barbuda Special Area Permit; (b) anchoring a vessel in an anchoring and mooring zone; (c) navigating a vessel through a channel; or (d) as necessary for safeguarding life or property at sea. (7) A person shall not engage in any activity for which payment of a management fee is re The Barbuda (Coastal Zoning and Management) 8 2014, No. 34 Regulations, 2014 quired without first paying such fee and obtaining a receipt confirming payment. (8) A person shall not undertake research in Barbuda coastal waters— (a) without permission from the Council granted pursuant to section 9 of these regulations; or (b) in contravention of any conditions attached to such permission. (9) A person contravening any of these prohibitions commits an offence under these Regula tions. 11. Codrington Lagoon (1) For the purposes of these regulations, Codrington Lagoon is considered to be the area of Barbuda specified in Part I of Schedule E and delineated on the maps set out in Part II thereof. (2) A person shall not fish or attempt to fish in any part of Codrington Lagoon, except— (a) in the eastern and western flashes of Codrington Lagoon, as defined in Schedule E; (b) when engaging in catch-and-release fishing; or (c) when hook and line fishing from shore. (3) A person engaging in catch-and-release fishing in the Codrington Lagoon shall not have or possess any fish on board. Any fish found on board a vessel engaging in catch-and-release fishing in Codrington Lagoon shall be presumed to have been caught in the Codrington Lagoon in violation of these Regulations. (4) A person shall not enter or transit any part of Codrington Lagoon other than the eastern and western flashes unless all fishing gear is stowed to the extent possible, except that fishing gear used for catch-and-release may be accessible when engaging in catch-and-release fishing in the Codrington Lagoon. Any vessel in Codrington Lagoon with gear that is not stowed to the extent possible shall be presumed to be fishing in the Lagoon. (5) This section shall apply for 2 years after the effective date of these regulations, after which the Council may amend these requirements, including removing requirements, by notice published in the Gazette and posted at fishery complexes if the following conditions are met— (a) an assessment of the status of the ecosystem and species is complete; and (b) the Council determines based on the assessment that the ecological, social and econom ic conditions warrant a change in the status of the restrictions. 2014, No. 34 9 The Barbuda (Coastal Zoning and Management) Regulations, 2014 12. Seagrass and mangrove protection (1) Except as authorized by the terms of a seagrass and/or coastal mangrove damage permit issued by the Council under this section, a person shall not intentionally, recklessly, or negligently— (a) dredge the substrate, undertake any development or construction, or place any dredged material, debris, or a structure on land or in or over the water that may cause direct or indirect harm to seagrass in Barbuda. (b) cut, fell, harvest, destroy, or take any other action that may cause direct or indirect harm to any coastal mangrove in Barbuda; or (2) The Council shall not authorize any activity that would result in damage to any seagrass or to any coastal mangrove in Barbuda for any purpose whatsoever, except that the Council may issue a permit upon an application pursuant to Schedule H and payment of an administrative fee of $5000, only if the applicant demonstrates the following, and shall reject any permit application that fails to demonstrate any of the following— (a) the public benefits associated with the proposed activity clearly outweigh the public detriments to the resource; (b) all practicable steps have been taken to avoid and minimize damage to the resource; and (c) there will be no significant alteration of either the total seagrass or total coastal man grove resource. (3) The Council may amend the administrative fee by notice published in the Gazette. (4) The Council may require an applicant to furnish such further information as the Council considers necessary to enable it to determine whether to issue a permit under this section. This addi tional information may include preparation of an environmental impact statement based on an envi ronmental impact assessment, as described in the Physical Planning Act and associated regulations. (5) The Council shall not issue a permit under this section unless it has first consulted the Committee regarding the application. (6) The Council shall not issue a permit under this section for activity affecting either seagrass or coastal mangroves in a marine sanctuary or national park unless it first determines that no prac ticable alternative is available. (7) The Council shall not issue a licence, permit, or other authorization to cut or fell any coast al mangrove as timber under section 9 of the Barbuda Land Act, 2007, or section 6 of the Barbuda Land Regulations, 2010. (8) In issuing a permit under this section, the Council shall require the applicant to compen sate fully for the value of the seagrass and/or mangroves lost, which compensation shall be used to The Barbuda (Coastal Zoning and Management) 10 2014, No. 34 Regulations, 2014 restore or protect seagrass and/or coastal mangroves or equivalent habitat in perpetuity. In addition, the Council may place any other conditions on the permit as necessary and appropriate for long-term sustainability and responsible management of coastal resources, including revocation of any lease upon violation of the permit. 13. Map to be made available The Barbuda Senior Fisheries Officer shall maintain a detailed map of all areas designated under these Regulations, which may be the map provided in Schedule F to these Regulations, and shall make such map available to the public upon request during business hours, shall post it in all fisher ies complexes in Antigua and Barbuda, and shall distribute it with each Barbuda Special Area Permit issued pursuant to the Barbuda (Fisheries) Regulations, 2014. The Officer shall provide this map in paper format, along with the geographic coordinates of the boundaries, and at request shall provide this information in electronic format. 14. Designation and powers of enforcement officers All enforcement officers under the Barbuda (Fisheries) Regulations are hereby authorized to enforce these regulations and shall enjoy the same powers and responsibilities as under the Barbuda (Fish eries) Regulations. 15. Offences and penalties (1) A person contravening any of the provisions of these Regulations commits an offence and is liable on summary conviction to a fine not exceeding $500 dollars and/or imprisonment for up to three months, plus $10 per day for continuing violations. (2) Any person who makes a false statement to the Council, the Officer, or any enforcement officer on an application, in testimony, or in other matters related to these Regulations commits an offence against these Regulations. (3) Any person who obstructs, assaults or threatens the Officer or any enforcement officer in the exercise of the powers and duties conferred on him or her under these Regulations commits an offence against these Regulations. (4) Until the contrary is proved, all fish or other articles found on board a vessel which has been used in the commission of an offence against these Regulations shall be presumed to have been caught or used in the commission of that offence. (5) When a person is convicted of an offence against these regulations, the court, in addition to any other penalty imposed, may order that any vessel, gear, fish, or other articles used in the com mission of the offence shall be forfeited. (6) Any violation of these Regulations may result in the suspension or revocation of a Barbu da Special Area Permit, as provided in section 7 of the Barbuda (Fisheries) Regulations, 2014 and Schedule G of these Regulations. 2014, No. 34 11 The Barbuda (Coastal Zoning and Management) Regulations, 2014 (7) Where an offence against these Regulations has been committed by a person on board or employed on a fishing vessel, the master of such vessel shall also be liable to be convicted of the offence. 16. Natural Resource Damages (1) Any person who destroys, causes the loss of, or injures any marine resource in Barbuda is liable upon conviction for an amount equal to the sum of— (a) the resulting response costs and damages; and (b) any interest on that amount as prescribed by the Court. (2) Any vessel used to destroy, cause the loss of, or injure any resource shall be liable in rem to the Council for response costs and damages resulting from such destruction, loss, or injury. The amount of that liability shall constitute a maritime lien on the vessel and may be recovered in an action in rem in any court of Antigua and Barbuda that has jurisdiction over the vessel. (3) A person is not liable under this section if that person establishes that— (a) the destruction, loss, or injury was caused solely by an act of God, an act of war, or an act or omission of a third party, and the person acted with due care; (b) the destruction, loss, or injury was caused by an activity authorized by the laws of An tigua and Barbuda; or (c) the destruction, loss, or injury was negligible. (4) Damages recoverable under this section include all of the following— (a) compensation for (i) the cost of replacing, restoring, or acquiring the equivalent of a resource; (ii) the value of the lost use of a resource pending its restoration or replacement or the acquisition of an equivalent resource; or (iii) the value of a resource if the resource cannot be restored or replaced or if the equivalent of such resource cannot be acquired; (b) the cost of damage assessments; (c) the cost of monitoring, curation, and/or conservation appropriate to an injured resource; and (d) the cost of enforcement actions undertaken by the Council and the Government in re sponse to the destruction or loss of, or injury to, a resource. The Barbuda (Coastal Zoning and Management) 12 2014, No. 34 Regulations, 2014 (5) Response costs and damages awarded to the Council under this section shall be retained by the Council, for use only as follows— (a) to reimburse the Council and/or any other government entity that conducted those ac tivities; (b) after reimbursement of such costs, to restore, replace, or acquire the equivalent of any resource; (c) to restore, replace, or acquire the equivalent of the resources that were the subject of the action, including for monitoring, curation, and conservation of resources; and (d) to restore degraded resources of Barbuda, giving priority to resources and habitats that are comparable to the resources that were the subject of the action. 17. Notice of Violation (1) Where an enforcement officer has reason to believe that an offence against these regula tions has been or is being committed, it shall be lawful for him or her to give to the person commit ting the offence a notice charging him or her with the commission of such offence, provided that— (a) such enforcement officer follows the procedures set forth in section 18 of the Barbuda (Fisheries) Regulations, 2014, or any amendments thereto; (b) the notice provided contains the information set forth in section 19 of the Barbuda (Fish eries) Regulations, 2014 or any amendments thereto; (c) the person to whom the notice is given may accept the notice of violation as provided in section 20 of the Barbuda (Fisheries) Regulations, 2014, or any amendments thereto; and (d) the amount of the fixed penalties and/or fines and Barbuda Special Area Permit suspen sion for each offence for which a notice is given shall be those specified in Schedule G for that offence. (2) The Council may, by order published in the Gazette, increase the penalties, fines, or permit suspensions for any offence against these regulations. 18. Immunity No action shall be brought against the Officer or any enforcement officer in respect of anything done or omitted to be done by him or her in good faith in the execution or purported execution of his or her powers and duties under these regulations. 19. Fees, fines, etc (1) Fees and fines paid in accordance with these regulations shall be deposited into the Council 2014, No. 34 13 The Barbuda (Coastal Zoning and Management) Regulations, 2014 Deposit Account as defined in section 22 of the Barbuda Local Government Act unless and until a special account is established for Barbuda coastal or fisheries management. (2) If a special account is established for Barbuda coastal or fisheries management, all fees and fines collected pursuant to these regulations shall be deposited into such account. The Barbuda (Coastal Zoning and Management) 14 2014, No. 34 Regulations, 2014 SCHEDULE A PART I MARINE SANCTUARIES The waters of Barbuda within the areas described in this schedule are Marine Sanctuaries under these Regulations. Maps of the Sanctuaries described below are in Part II of this Schedule. Note that all coordinates in this and other schedules of these regulations are provided in the WG584 co ordinate system. (1) Goat Island Flash Sanctuary includes all waters landward of the line from Point A, a land based mark with geographical coordinates 17.7023° N and -61.8200 0 W, and Point B, a land-based mark at coordinates 17.7015° N and -61.8209° W. (2) Goat Point Sanctuary includes all waters within the polygon starting at Point A, a wa ter-based mark with geographical coordinates 17.7408° N and 61.8578° W, and then proceeding as follows— (a) from Point A, the boundary shall due north to Point B, a water-based mark on the one league boundary, at coordinates 17.7762° N and 61.8578° W; (b) from Point B, the boundary shall follow the one league boundary to Point C, a wa ter-based mark on the one league boundary, at coordinates 17.7704° N and 61.8198° W; (c) from Point C, the boundary shall run in a straight line due south to Point D, a wa ter-based mark at coordinates 17.7305° N and 61.8198° W; and (d) from Point D, the boundary shall run in a straight line back to Point A. (3) Two Foot Bay Sanctuary includes all waters within the polygon starting at Point A, a land based mark with geographical coordinates 17.6836° N and 61.7807° W, and then proceeding as follows— (a) from Point A, the boundary shall run in a straight line due east to Point B, a water-based mark on the one league boundary, at coordinates 17.6836° N and 61.7122° W; (b) from Point B, the boundary shall follow the one league boundary to Point C, a wa ter-based mark on the one league boundary, at coordinates 17.6132° N and 61.6826° W; (c) from Point C, the boundary shall run in a straight line due west to Point D, a land-based mark, at coordinates 17.6136° N and 61.7345" W; and (d) from Point D, the boundaty shall follow the contours of the coastline back to Point A. (4) Palastar Sanctuary includes all waters within the polygon starting at Point A, a land-based 2014, No. 34 15 The Barbuda (Coastal Zoning and Management) Regulations, 2014 mark at Coco Point with geographical coordinates 17.5428° N and 61.7676° W, and then proceeding as follows— (a) from Point A, the boundary shall run in a straight line to Point B, a land-based mark, with geographical coordinates 17.5436° N and 61.7335° W; (b) from Point B, the boundary shall run in a straight line due south to Point C, a wa ter-based mark, at coordinates 17.5244° N and 61.7335° W; (c) from Point C, the boundary shall run in a straight line to Point D, a water-based mark on the one league boundary, at coordinates 17.4975° N and 61.7836° W; (d) from Point D, the boundary shall follow the one league boundary to Point E, a wa ter-based mark on the one league boundary, at coordinates 17.5131° N and 61.8069° W; and (e) from Point E, the boundary shall run in a straight line back to Point A. (5) Low Bay Sanctuary includes all waters within the polygon starting at Point A, a land-based mark with geographical coordinates 17.6576° N and 61.857° W, and then proceeding as follows— (a) from Point A, the boundary shall run in a straight line due west to Point B, a water-based mark on the one league boundary, with geographical coordinates 17.6576° N and 61.9163° W; (b) from Point B, the boundary shall follow the one league boundary to Point C, a wa ter-based mark on the one league boundary, at coordinates 17.5796° N and 61.9109° W; (c) from Point C, the boundary shall run in a straight line due east to Point D, a land-based mark, at coordinates 17.5796° N and 61.8579° W; and (d) from Point D, the boundary shall follow the contours of the coastline back to Point A. The Barbuda (Coastal Zoning and Management) 16 2014, No. 34 Regulations, 2014 PART II MAPS (1) Goat Island Flash Sanctuary The Barbuda (Coastal Zoning and Management) 18 2014, No. 34 Regulations, 2014 (3) Two Foot Bay Sanctuary 2014, No. 34 17 The Barbuda (Coastal Zoning and Management) Regulations, 2014 (2) Goat Point Sanctuary 2014, No. 34 19 The Barbuda (Coastal Zoning and Management) Regulations, 2014 (4) Palastar Sanctuary , --,..., :: ‘: . • ,, - : : : -. ,. . / • , ( \ i , ., , ,. .- ' ,•:-"--'‘'''-`' -.,,,, t--•,k,s4;<-.-;- -,,-;-,.. -:--,,,. ,,,,,,,,,,,t>.,,,:-:, ,,,,- - --',":.- :•- , ,....„ -. '-"4"-=';', -,:-M-:-. ...,-,,,...•. ---,-„s-,-;-^ -,-, ....-,. ; „ `'.' '.`:`,.:%::-:- :•::::',.-,:-`,,,,,'", '- -.,-,, ;- ,:,,,:;.?:, `,::-;` ?-,, .-",--:7-i.,::2,;:',X,`,":,,,"4-,- --;Z:" .... ve,,.. -.,..... ,,,•, " - ' ' ""„.:•,;,,,,,,,,-„:`{,:,,•;,... %., , 1.....V .%, , „, ":"'X'`X.'N'S*-::: ,:-.̂$'.;":-`•- -e.,-,,..-7,7:,--;.-- , .0.,..„.:,,,.:,- • : c. : x,}44.f''''''''''''' '-':':':" • :":;.•,'N's>>,-,:,,,,X,:-:.: .,' , . „,„',X,,:,>Ve:,,,4,:•-•:,-..-':-.:- .--,:,`•:-%-:=X-: . * r 'l .-',":";•\,...•',42`,":".•;* *-•,:::=::7Y--;:::-•:-t-,:-:-:<",-,, ,',5,!:::::::-2,,,...-„•:., • , Lt ----, , -,..„.--,-,-,,,,,,%-•.-.--`-•••<!-:-..,;-.,.-:.-,.... .:::•-:-:-:-:, " ̀;`-;"::-".,.-:`'.-:-...:44.,,,-:.:` • ,:::•:,:,:..:,:,,,,.7 ' `f:•:f--,::•-̀",:,̀..-':.:-'/- , .--....::::::::•,`,..-:::-:•-:-;`, ,, ' ' '''''.'.':','•$:*:`,;-:..,`'.:::,--":::,- ,•;;"--.-:' ' . „ „ ,„„.. , ) } I \\\\1 Ili ir V . x . „ The Barbuda (Coastal Zoning and Management) 20 2014, No. 34 Regulations, 2014 (5) Low Bay Sanctuary 2014, No. 34 21 The Barbuda (Coastal Zoning and Management) Regulations, 2014 (6) Large-scale map of sanctuary zones The Barbuda (Coastal Zoning and Management) 22 2014, No. 34 Regulations, 2014 SCHEDULE B PART I NO-NET ZONES The waters of Barbuda within the areas described in this schedule are no-net zones under these Regulations. Maps of the no-net zones described below are in Part H of this Schedule. No-net zones include: (1) any waters within 20 meters of any coral reef; (2) waters landward of a straight line between Palmetto Point (Point A), a land-based mark with geographical coordinates 17.5793° N and 61,8569 0 W, and Coco Point (Point B), a land-based mark with geographical coordinates 17.5430° N and 61.7676° W; and (3) waters landward of Goat Point Sanctuary, including all waters within the polygon starting at Point A, a land-based mark with geographical coordinates 17.7163° N and 61.8578° W, and then proceeding as follows— (a) from Point A, the boundary shall run in a straight line due north to Point B, a wa ter-based mark, at coordinates 17.7408° N and 61.8578° W; (b) from Point B, the boundary shall run in a straight line to Point C, a water-based mark, at coordinates 17.7305° N and 61.8198° W; (c) from Point C, the boundary shall run in a straight line due south to Point D, a land-based mark, at coordinates 17.7028° N and 61.8198° W; (d) from Point D, the boundary shall follow the contours of the coastline to Point E, a land based mark, at coordinates 17.7023° N and 61.82° W; and (e) from Point E, the boundary shall run in a straight line to Point F, a land-based mark, at coordinates 17.7015° N and 61.8209° W; and (fi from Point F, the boundary shall follow the contours of the coastline back to Point A. 2014, No. 34 23 The Barbuda (Coastal Zoning and Management) Regulations, 2014 PART II MAPS (1) Areas currently within 20m of a coral reef The Barbuda (Coastal Zoning and Management) 24 Regulations, 2014 (2) Waters landward of a line between Palmetto Point and Coco Point '21, 0 O.• I 2 2014, No. 34 25 The Barbuda (Coastal Zoning and Management) Regulations, 2014 (3) Waters inshore of Goat Point Sanctuary Fil t..... 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' . , ..... , ,,, — ' • ' %. .... , ' ...1".. . . . .', • , The Barbuda (Coastal Zoning and Management) 26 2014, No. 34 Regulations, 2014 (4) Large-scale map of no-net zones 2014, No. 34 27 The Barbuda (Coastal Zoning and Management) Regulations, 2014 SCHEDULE C PART I ANCHORING AND MOORING ZONES The waters of Barbuda within the areas described in this schedule are anchoring and mooring zones under these Regulations. Maps of the anchoring and mooring zones described below are in Part II of this Schedule. (1) Low Bay Anchoring and Mooring Zone includes all waters within the polygon starting at Point A, a land-based mark, with geographical coordinates 17.6951° N and 61.8856° W, and then proceeding as follows— (a) from Point A, the boundary shall run in a straight line to Point B, a water-based mark, at coordinates 17.6518° N and 61.8603° W; (b) from Point B, the boundary shall run in a straight line to Point C, a land-based mark, at coordinates 17.6107° N and 61.8547° W; and (c) from Point C, the boundary shall follow the contours of the coastline back to Point A. (2) Coco Point Anchoring and Mooring Zone includes all waters within the polygon starting at Point A, a land-based mark with geographical coordinates 17.5584° N and 61.7697° W, and then proceeding as follows— (a) from Point A, the boundary shall run in a straight line to Point B, a water-based mark, at coordinates 17.556° N and 61.7742° W; (b) from Point B, the boundary shall run in a straight line to Point C, a land-based mark, at coordinates 17.543° N and 61.7676° W; and (c) from Point C, the boundary shall follow the contours of the coastline back to Point A. (3) White Bay Anchoring and Mooring Zone includes all waters within the polygon starting at Point A, a land-based mark with geographical coordinates 61.5537° N and 61.7510° W, and then proceeding as follows— (a) from Point A, the boundary shall run in a straight line to Point B, a water-based mark, at coordinates 17.5507° N and 61.7515° W; (b) from Point B, the boundary shall run in a straight line to Point C, a land-based mark, at coordinates 17.5444° N and 61.7351° W; and (c) from Point C, the boundary shall follow the contours of the coastline back to Point A. The Barbuda (Coastal Zoning and Management) 28 2014, No. 34 Regulations, 2014 (4) River Hollow Anchoring and Mooring Zone includes all waters within the polygon starting at point A, a land-based mark with geographical coordinates 17.5876 0 N and 61.8147° W, and then proceeding as follows— (a) from Point A the boundary shall run in a straight line due south to Point B, a water-based mark, at coordinates 17.5794 0 N and 61.8147° W; (b) from Point B, the boundary shall run in a straight line due west to Point C, a land-based mark, at coordinates 17.5792° N and 61.8562° W; and (c) from Point C, the boundary shall follow the contours of the coastline back to Point A. 2014, No. 34 29 The Barbuda (Coastal Zoning and Management) Regulations, 2014 PART II MAPS (1) Low Bay Anchoring and Mooring Zone . . .„. — ... ., i ......,::,,',-7.4- .<---r-1.a.. • ;•A> ,7., ) • • • ).. .) , • , (' • :,•\ .2`,1,y.' -i,Ntx,,-.,,,' • - ,,• : • . • , ...,., , i .. :-•-•--' ,.......,,- • . '. ..., -°\,-,,,„,„-.' ,-1, - "---- -.....,., .: N .,-,.. ,,,1 i±f "•-• • 1/2' "'- e.;‘, \ ..g.:? q \\ .. , '. ''' ''' ''''' N • ::: .. • . . . •.'••,. d.t.::,.., . . . ...., . , . . -..,.-.., 1 . • • • ..,, "`..4 . '' :. .: • • .. ... .. , • • • •, 4.1.:‘ •:...,'".. • • , • ',..1 . . . .. . ...,„ . . ...;, . ., . . . , . ., ',. . . . • • i . . • .. . .‘ .. , •• . , . • .1 ' I. : . .. . . . • The Barbuda (Coastal Zoning and Management) Regulations, 2014 (2) Coco Point Anchoring and Mooring Zone 1 6 r. 3 04j 30 2014, No. 34 x 0 0,125 0.25, 01 t ■ , ■ I . . t I 4 1.6166 w 2014, No. 34 31 The Barbuda (Coastal Zoning and Management) Regulations, 2014 (3) White Bay Anchoring and Mooring Zone The Barbuda (Coastal Zoning and Management) 32 2014, No. 34 Regulations, 2014 (4) River Hollow Anchoring and Mooring Zone VS 0,3$ 1,1 I I I lam , I A I 2014, No. 34 33 The Barbuda (Coastal Zoning and Management) Regulations, 2014 (5) Large-scale map of anchoring and mooring zones The Barbuda (Coastal Zoning and Management) 34 2014, No. 34 Regulations, 2014 SCHEDULE D PART I SHIPPING AREAS The waters of Barbuda within the areas described in this schedule are shipping areas under these Regulations. A maps of the shipping area described below is in Part II of this Schedule. (1) River Dock shipping area includes all waters within the polygon starting at Point A, a water-based mark, with geographical coordinates 17.591° N and 61.8237° W, and then proceeding as follows— (a) from Point A, the boundary shall run in a straight line to Point B, a water-based mark, at coordinates 17.591° N and 61.8208° W; (b) from Point B, the boundary shall run in a straight line to Point C, a water-based mark, at coordinates 17.5864° N and 61.8208W; and (e) from Point C, the boundary shall run in a straight line to Point D, a water-based mark, at coordinates 17.5864° N and 61.8237W; and (d) from Point D, the boundary shall run in a straight line back to Point A. 2014, No. 34 35 The Barbuda (Coastal Zoning and Management) Regulations, 2014 PART II MAP (1) River Dock Shipping Area The Barbuda (Coastal Zoning and Management) 36 2014, No. 34 Regulations, 2014 SCHEDULE E PART I CODRINGTON LAGOON (1) The Codrington Lagoon includes all waters landward of the closing line of Barbuda es tablished under the Maritime Areas Act, commencing at Billy Point (Point A) with geographical coordinates 17.7163° N and 61.8689° W, and continuing to the unnamed, land-based point (Point B) with geographical coordinates 17.7253° N and 61.8541° W. (2) The western flash of the Codrington Lagoon includes all contiguous, landlocked waters located to the west of a line starting at Point C, a land-based mark with geographic& coordinates 17.6786° N and 61.8628° W, and continuing in a straight line to Point D, a land-based mark with geographical coordinates 17.6802° N and 61.8615° W. (3) The eastern flash of the Codrington Lagoon includes all contiguous, landlocked waters east of a boundary line starting at Point E, a land-based mark with geographical coordinates 17.6842° N and 61.845° W, and then proceeding as follows— (a) from Point E, the boundary shall run in a straight line to Point F, a land-based mark at coordinates 17.6838° N and 61.8443° W; (b) from Point F, the boundary shall follow the contours of the coastline to Point G, a land based mark at coordinates 17.6749° N and 61.8395° W; (c) from Point G, the boundary shall run in a straight line to Point H, a land-based mark at coordinates 17.6729° N and 61.8388° W; (d) from Point H, the boundary shall follow the contours of the coastline to point I, a land based mark at coordinates 17.6726° N and 61.8387° W; (e) from Point I, the boundary shall run in a straight line to Point J, a land-based mark at coordinates 17.6696° N and 61.8373° W; ffl from Point J, the boundary shall follow the contours of the coastline to Point K, a land based mark at coordinates 17.6693° N and 61.8375° W; (g) from Point K, the boundary shall run in a straight line to Point L, a land-based mark at coordinates 17.669 0 N and 61.8381° W; (h) from Point L, the boundary shall follow the contours of the coastline to Point M, a land based mark at coordinates 17.6689° N and 61.8384 ° W; and eo from Point M, the boundary shall run in a straight line to Point N, a land-based mark at coordinates 17.6681° N and 61.8399° W, where the line shall terminate. 37 The Barbuda (Coastal Zoning and Management) Regulations, 2014 PART II MAPS 2014, No. 34 (1) Boundary of Codrington Lagoon The Barbuda (Coastal Zoning and Management) Regulations, 2014 (2) Boundary of western flash of Codrington Lagoon 38 2014, No. 34 ' '''',' ' \,',„„s , 'Z , *--' ''',:`,::: ,e.• ' ,.**"%",':':.>";'*1* 0 ' ' •'''. 511;:r. ''..,<.'",:::',.,:',':"'...%.*:*,>.;.„, u* \ ,. i : ' ,.1,',',..^. ■:,,‘:■;,,'.:':'*/)': '',:i'$:'' '';;Y:,•*;::'P '"%"/N.-‘*'e,,,...N, .,,,. ,..,..*,e,:.",%%?4`:■:''''''''' , \ , *`, ':. '•';'-',*.Y.; ,,,,,..;;::,4:, . , .*.•::::',",:>.... ,,' . ''' ' "x',*,;•*, ' . ,,.., : ,. ,,, " '.."- '" , • 'Io, \ :',2 * `1.1.:-,::: ■,':',%>:" 1 ' ..;.:',',:'';'*;.•:::":.`'''':; ..1,;.., . i . , . \ \ , ‘, .--t / , ' i . , • -',., , , ' , .., a 125 2014, No. 34 39 The Barbuda (Coastal Zoning and Management) Regulations, 2014 (3) Boundaries of eastern flash of Codrington Lagoon 7 <:.',..-:-... .. ,,-••:',, -1.' ,/:,,•.H.--.'w - ' ""°,.. .-,:•:-.-::-*-- ‘')' 1 ',..%9.,-..- -,',.;-,,' - • .:•:,• :•:'-":•/<,:"•."; ...",-.:',..''.'-x •:•:-'•'-' '.,-'c.'"-'7.•;z:'-' ,.--"..,:,-,;-•:• ' ,z ,,*:-.',̀..4;;.*':;'*... ,'..• '.,,,;--,, '••,‘. . 411* , N.,,,, ,,,.:.;,-,-,,„„:„,.^ *,.:,*.,,,.-',,•'• •‘•"-"a:•' % s.,, \ ... . ,- •,:',,,,:•,••.•:•..„ ,. 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The Barbuda (Coastal Zoning and Management) 40 2014, No. 34 Regulations 2014 , (4) Large-scale map of Codrington Lagoon 2014, No. 34 41 The Barbuda (Coastal Zoning and Management) Regulations, 2014 SCHEDULE F COMBINED MAP OF COASTAL ZONES The Barbuda (Coastal Zoning and Management) 42 2014, No. 34 Regulations, 2014 SCHEDULE G PENALTIES AND FINES Offence 1st offence 2nd offence 3rd offence In contravention of: Fishing or attempt ing to fish in marine sanctuary $250, 6 weeks Barbuda Special Area Permit suspension $500, 3 months Barbuda Spe cial Area Permit suspension Vessel detained and taken to court Sec. 10 Fish with or use net in a no-net zone $250, 6 weeks Barbuda Special Area Permit suspension, equipment seized $500, 3 months Barbuda Special Area Permit suspen sion, equipment seized Taken to court Sec. 10 Anchoring or mooring outside of designated areas $100 plus $5 per day $250 plus $10 per day Taken to court Sec. 10 Dragging a vessel across a sandbar, seagrass bed, or other substrate $250 $500 Taken to court . Sec. 10 Engaging in activity without paying re quired management fee $250 $500 Taken to court Sec. 10 Engaging in research without written permission from the Council or in violation of conditions to such permission $250 $500 Taken to court Sec. 10 Fishing or attempting to fish in Codrington Lagoon other than catch and release, in flashes, or from shore with hook-and-line $250, 6 weeks Barbuda Special Area Permit sus pension . $500, 3 months Barbuda Spe cial Area Permit suspension Vessel detained and taken to court Sec. 11 2014, No. 34 43 The Barbuda (Coastal Zoning and Management) Regulations, 2014 Causing harm to $250 per 1 $500 per 1 Taken to court Sec. 12 seagrass and/or coastal meter square meter square of mangroves without or of seagrass seagrass and/or in violation of a permit and/or per mangrove tree harmed per mangrove tree harmed SCHEDULE H APPLICATION FORM FOR PERMIT TO DISTURB SEAGRASS AND/OR COASTAL MANGROVE HABITAT INSTRUCTIONS: For "address" provide complete mailing address. If not applicable, write NA — leave no blanks. Include required fee (by check or money order). ADDRESS TO: Barbuda Council, Council Hall, Codrington, Barbuda, Antigua and Barbuda I hereby apply for a permit to disturb seagrass habitat and/or coastal mangrove habitat for the de scribed activity. (1) Name of applicant: (2) Organization (if applicable): (3) Address: (4) Country of citizenship: (5) Phone number: (6) Email address: (1) Project details. Please attach a description of the proposed project, including: (a) objectives and purpose of proposed activity; (b) a description of the proposed site, including adjacent land uses; (c) specifics of the proposed actions that will disturb seagrasses and/or coastal mangroves The Barbuda (Coastal Zoning and Management) 44 2014, No. 34 Regulations, 2014 (d) evaluation of the public benefits associated with the proposed activity and the public detriments to the resource, including the value of ecosystem services provided by the seagrasses and/or mangroves; (e) practicable steps taken to avoid and minimize environmental damage; () documentation that the proposed action will not significantly alter the total seagrass and/ or coastal mangrove resources of Barbuda; (g) evidence of prior approval from the Barbuda Planning Commission, if available. (2) Area of mangroves and number of trees to be cut, felled, harvested, destroyed, or otherwise harmed: (3) Area of seagrass to be disturbed, destroyed, or otherwise harmed: (4) Expected commencement date of disturbance activity: (5) Expected completion date of disturbance activity:. Signature of Applicant: Date: Print name of Applicant: SCHEDULE I MANAGEMENT FEES Type of activity Cost Duration Diving in a marine sanctuary in Barbuda $25 per person 1 week Made the 12th day of August, 2014 Arthur Nibbs Chair of the Barbuda Council. Mable Francis Secretary of the Barbuda Council.