Marine Areas (Preservation and Enhancement) (Barbados Marine Reserve) Regulations, 1981 (No. 28 of 1981)

Statutory Instruments SupplementNq. 13 Supplement to Official Gazette Nod 8 ,pated 26th Februa.g, 1981 I SJ. 1981 No. 28 The Marine Areas (fresetvation and Enhance~nt) Alt Cap. 2,2A THE MARINE AREAS (P~ERVATION AND ENHANCEMENT) (BARBADOS MARINf: RESERVE) REGULATIONS, 1981 The Parks and Beaches CommisS{on, in exer cise of the powers conferred on it by section 6 'of l\e Marine Areas (Preservation and Enh<}ncement) A~, makes the following regulations: I. These regulations may be cited as th, MariJ'fe Areas ( Preservation and Enhancement) ( }J~ados Marine Reserve) Regulations, 19~1. 2. For the purposes of these regulationi, "Commission" means the Parks and Beaches Commission established h¥ section 3 of the Parks and Beaches Commissian Act; ca 233A. "fish" includes crabs, lobsters, shrimias.,, turtles, turtle's eggs and any sp~ies of marine fauna; "flora and fauna" includes any paP't of a coral reef or other deposit in its .natural condition; "reserve" means the Barbados Marine Reserve; "zone" means any of the areas demarca~ as restricted areas. 2 STATUTORY INSTRUMENT 3.(1 )For purposes of the management of Hie reserve, there are created four zones within the Park to be called (a) the Scientific Zone; (b) the Northern Watersports Zone; (c) the Recreational Zone; and id) the Southern W:itersports Zone. ( 2) The zones shaH be clearly demarcated as re stricted areas by ma1ine buoys of spherical shape and signs erected at points along the beach. 4. Any marine biologist, naturalist or other person authorised by the Commi'>sion may enter any zone for the purpose of ensuring that the reserve is being maintained for the maximum public use consist ent with the primary purpose for which it was estab lished. 5. Any person who (a) in the zone destroys, injures, disturbs or removes any sand, gravel, mineral, coral, sea feather, fans, shell, shell fish, starfish or other marine invertebrate, seaweed, grass or any soil, rock, arti fact, stone or other material; (b) without the consent of the Commis sion, has in his possession within the boundaries of the reserlfe any of the things referred to in paragraph (a); STATUTORY INSTRUMENT (c) cuts, carves, engraves, mJures, muti lates, moves, displaces or breaks any bottom formation of growth in the zone; (d) attaches any rope, anchor or other ob ject to any coral, rock or other forma tion in the zone; (e) except in a case of emergency where life and property may be endangered, casts or drags any anchor in such a way as to damage any coral reef formations in the zone; (f) drops any anchor on sand flats off the reefs or places it so that it drifts into the coral formations of the zone; (g) carries on any dredging, excavating or filling operations within the boundaries of the reserve; (h) deposits any material in or on the wa ters of the reserve; (i) constructs any structure, whether per manent or temporary, in the reserve; (j) without the consent of the Commis sion, constructs or extends any public service facility into, upon or across the reserve; 3 4 STATUTORY INSTRUMENT (k) discharges or deposits any waste mate~ rials into the waters of the reserve; (I) marks, defaces, damages or tampers with any sign, buoy, notice or placard installed by the Commission; (m) uses any speargun, hook, line, net, trap, poison, electric charge, explosive and similar device for the purpose of taking any fish; (n) has in his possession in the reserve any explosive; ( o) handles or stands on any coral forma tions or otherwise disturbs the coral within the boundaries of the reserve; (p) without the consent of the Commis sion, carries any firearm or weapon, not being a diving knife, in the reserve; or ( q) fails to present a specimen in accord ance with paragraph 10(2), is guilty of an offence and is liable on summary con viction to a fine of one thousand• dollars or to im prisonment for six ·m·cmths or to both. 6. An activity except those specifically prohib ited by paragraph 5 may be· carried on in the reserve subject to any restriction or condition imposed by the Commission. STATUTORY INSTRUMENT 7. Any person who desires to engage in any activity other than sightseeing may, on making applica tion to the Commission in such form, and on payment of such fee, as the Commission determines, obtain a permit for that purpose. 8. A permit issued under Regulation 7 (a) is not transferable; (b) must be in such form and is subject to such conditions as the Commission de termines; and (c1 is renewable upon application being made to the Commission. 9. Where a person to whom a permit is, issued fails to comply with any of these regulations or with any condition contained in the permit, the Commis sion may cancel or refuse to renew the permit. 10.(l )No person shall remove any marine organism including rocks, dead coral, shells or ;sand 1or any arti fact or other archaeological .find unless he .. first1obtains a permit from the Commission. (2) Where a person· who· obtains; a perm.lt under paragraph (I) finds · a specimen of an , oi:ganism of which a similar specimen is not in the:r~ferep(;~•tcollec tion of the Barbados Museum, he shall" present that specimen to any person in charge of· the office of the Commission. STATUTORY ·INSTRUMENT 1 l.· The Bellairs Research Institute, Coral Reef Club or' any other person or organisation desirous of engaging· in scientific research approved by . the Com mission· is entitled to apply to the Commission for a special permit for access to the beach or a mooring. 12. No permit is required for the conduct of any activity necessary for the protection of life, property or the environment. 13. No owner or person in charge of a fishing boat shall cause or permit it to enter the reserve. 14. The c,wner or person in charge of any boat used for the purposes of sightseeing, sport, pleasure or scientific research shall not cause or permit that boat to enter the reserve unless he applies to the Com mission for registration of that boat. 15. No person shall operate a watercraft in such a manner as to cause damage to the natural features of the reserve. 16. No person shall operate a motor-boat or other craft, not being a boat used by a law enforce ment official in the execution of his duties, in any zone other th;.m the watersports zone at a speed greater than 3 knots or in such a manner as to create a wake in the vicinity of divers or boats from which research, diving ·or sightseeing is carried on. 17. There shall be flown from all boats from which diving operations are being carried on the "divers down" flag, being a white diagonal stripe on an orange back-ground. STATUTORY lNSTRUMENT 18. No person sh.all cause a boat under power to approach closer than 40 metres to a boat .flying the "divers down" flag. 19. A diver shall remain within 30 metres of the boat from which he is diving. 20. Any person in charge of a watercraft shall use mooring buoys, stations or anchoring areas where such facilities are designated; anct any moorings shall be registered with the Commission. 21. No person in charge of a speed boat, sail boat or jet ski shall permit it to enter any zone of the reserve other than the watersports zones. 22 Any person who operates a watercraft shall do so in accordance with the Barbados Harbours Regu lations made under the Harbours Act. C11 23. No person shall permit a watercraft to enter any area buoyed for bathing and swimming. 24. A person diving and snorkelling with floats as described under the Barbados Harbours Regulations ca1 made under the Harbours Act or swimming within the boundaries of the reserve is at his own risk. 25. Any person may engage in photography, both surface and underwater, if it does not involve the installation of special settings· or structures. 26. Any accidents involving personal ~Jury or damage to property shal] be reported to the Commis STATUTORY fNS.TRllMENT sionas soon as possible .by any ~person involved in the accident;·, ~ut the Commi~jOJl,~.'aceepts no liability in this regard for any damag~ to any person or property. 27. Any member of tqe ~rbados Defence Force Coast t'tlllw may institute proceedings in a Magis trate .. s di- against any person who contravenes these regulatiotm. 28. Any iwson who contravenes these regula tjpns or fails t~\::omply witll, any direction given to Mm by a member of the Bat:Pados Defence Force Coast Guard or by any person authorised by the Com mission is guilty of an offence and is, unless a penalty i~ ~~rwise provided for, liable on summa~ co~ VICbo~o a fine of one thousand dollar&..ac to 1IDpns onme11.t for six months or to both. ~- Th~ Regulations shall come into operation oruthe 1st d&,y af March, 1981 Made by the Parks and Beaches Commission this Ji6th day of February, 1981. IRIS BANNOCHIE Chairman. Februaw~-•oved bv the Minister this 16th day of LIONEL S. CRAIG Mfuister responsible for Lands.