Fisheries Resources (Potters Cay Fish Landing Complex) Regulations, 1986

C'\1,llllQn. ln«)rjHtttbtlOtl. 40 OFFICIAL GAZETTE MINISTRY OF RC:ONOMIC: AFFAIRS S.I. No. 11 of 1986 THE FISHERIES RESOURCES (JURISDICTION AND CONSERVATION) ACT, 1977 (No. 13 ofl977) THE FISHERIES RESOURCES (POTTERS CAY FISH LANDING COMPLEX) REGULATIONS, 1986 The Minister, in exercise of the powers conferred upon him by section 18 of the Fisheries Resources (Jurisdiction and Conserva• tion) Act, 1977 makes the following Regulations: 1. The-¾e Regulatious 111ay be dted a~ Lhe Fi~bet ie.s n.et.OUJ ,;;e1, (Potters Cay Fish Landing Complex) Regulations, 1986 and shall come int.a force on such date at the Minisler may appoint by notice published in the Gazette. 2. Tu tlw::.i: Rtie:ul1;1Lium,··· "Complex means that facility or undertaking known as the Potters Cay Fish Landing Complex established and carried on by the Government at the western portion of Potters Cay iu t,hc HurUuuJ uf Na)J:1;:;au, "causeway" means that causeway or road in the Island of New Providence known as the Mackey Street causeway comm enc• ing at the southern end of the Paradise Island bridge and e11.tem.liug uurthw11nh; uu Uutli ~i<le:; uf tlrnt Urh.lge tu Potters Cay; "fishery inspector" means a person who is an inspector under the Act and is an employee of the Ministry; "fh,lu:r-y vrudui.l" 1mmu~ au y vruJucl cuu)J:i:;Liu~ wltully ur mainly of fishery re.source in whatever form whether live, frozen, iced, dried or salted and which is intended for human consumption; "laudiug" h; a 1efm·e111.;e tu tlie uulumliug uf any fi~hcry fJIU· duct and in relation to fishery product landed at the Complex includes the washing, grading, weighing and packaging of that product by the Complex; "Mauage1" 1111:rirn:; the fJl:rtl:iUll duly apµuinteJ tu CH.I 1y uut the duties of manager of the Complex; "wholesale" means the sale by the owner or master of a vessel to any person of any fishery resource for use or sale in any bm;ines5 licen5ed under- the Shop:, Act, any puhlic in5titution or for ·resale to members of the public. , OFFICIAL GAZETTE 41 3.-~(l) The Minister shn!l have the overall responsibility for the adm!nistr;'ltir,r, .-,f fr,0 Complex, (2) The d:iv tri day ;-;d111ini;;tration of the Complex Including the utilis:Hli,n nf tt-~ rlni:kine-facilities shall be the responsihilitv of the ;vfan;iger. (3) Subject to paragraph ( 1) the Manager in carrying out the functions mentioned in paragraph (2) shall be subject to the direc tions and control of the Director of Fisheries. 4.-(1) Every vessel engaged in commercial fishing shall when landing any fishery product in New Providence intended for sale by wholesale, land such product at the Complex. (2) Rvery ve1.sel tranrmort.ing only fi.<,hery product from any Family Island to New Providence for .sale there by wholesale shall land such product at the Complex. (3) Paragraphs (1) and (2) shall not apply to any vessel carry~ ing fishery product which con,;;ists wholly of live fo,h or live shellfish. 5.-(1) Subject to paragraph (2) fishery product which is required by regulation 4 to be landed at the Complex shall be sold at the Complex and in the area which the Manager shall designate for that purpose. (2) No person shall sell fishery product at the Complex unless he is registered as a seller. (~) Any p1>r~on llngflgflti in t'ommPrl'iHI fi«hing or, fl.S rroforrroti to in regulation 4(2), the freighting of fishery product may apply to the Manager for registration as a seller. 6. No person may buy fishery product at the Complex unless hP I;: rPgi<itPrPrl :.,;: :. h11y1>r 7.-(1) A person in control of a vessel utilising the docking facilities of the Complex shall comply with any directions given by the Manager as to the docking at, or removal of the vessel from, the f'omplPY, All. thP rA,;:1> mriy hP (2) A person in control of a vessel shall not utilise the wharf facilities of the Complex without the permissiou of t.he Manager. R -(1) 811hjPrt to r1>guliitinm; 7 ~nrf Q nnly V"'ll.ll.fl,IIJ. Pngng1>rl in commercial fishing or, as mentioned in regulation 5(3), in freight ing fishery product shall dock at or be alongside the wharf of the Complex.. (?.) Vt>,uw\,;: wh"n d,wking At. thP C:nmplPY rit.hPr t.hrm fnr th1> purpose of landing shall do so along the southern sea wall of the Complex. 9.-(1) Any vessel landing at the Complex shall do so unleiw ot.hPrwi!<t> rlirt>t':tPd hy th"' M:rntigr>r, tit thP. nnrt.hr>rn whllrf nf thA Complex and pay the landing and marketing fees computed in accordance with the provisions of Part I of the Schedule. (2) Any vessel utilising the docking facilities of the Complex shall pay therefor the fee set out in Part TT of the Schedule in rPR pect of the period specified against that fee. Administration of Cnmplu. !Anding of H.11hery prodvd rn New f>rnvid~nce bycom merci,,I Y~••~la Salo nf f1shery pr<,· duct ln,.,d~d at Complex. P1m:haaing atCom plu nf Hahery pro '"~ Use <>f whatf bl Cnmplu. P~rm111~.i "•~~ ,.f wh&rt' of CompleL Landing and docJ,. ~ fou at tM O,;,.,,p)u. .~"iP ni bh<'I} p,.,. ,J.,,, ,., ,~ .. '"''"'' """'' Rrri.i,at«m ,if •~1 ltm ~nd liu;·ers. Regi,ter Norm~I l;,u~iness hours or \r,mplc1 OFFICll,.L GAZETTE 10. ···· ( 1) The si1le of fisher:,; pr{)duct to nirm her:,; nf t hP puliil<' at Pott.en: Cay nr HI the cmiseway uthcr tlwn HI 1 hP ( 'nmpl1•x •·!·' ii" Marine Produt't.Market 1,h;ill be carried 0111 :it thP PJ'-1,l!'l'n :,: -.,.,.~. tl.!rn ~id>? .,r !ho C:::ltl~~~wiay. 92) The sale of fishery pfr)duct at the causeway shall be con ducted on or from a vessel. (:1) No person shall display or carry out the cleaning of any fo;hory product on the pavom,rnt of tho cauii.1way. 11.-(1) An npplication for registration as a seller or buyer at the Complex shall be made to the Manager in writing and :,ta ting (a) the full name and address of the applicant; (bl the nature of the business in wh!Ch the appfo.:ant l\i engaged; (c) the pafticulars of anv fohing vessel owned bv the arrnli ca.nt; and (d) any credit reference. (2) The Manager shall if he is satisfied that the applicant for regi\itration (a) as a seller is a person engaged in such activity as is men tioned in regulation 5(3); or (b) asa buye-risa person engaged m the marketmg of fishery product, register that person as a seller or buyer, as the case may be, upon thf> pnymrmt nf I hP Jmnunl fpp <:pr,i,ifir>rl m rM:pPrl thPrPnf in Pfirt III of the Schedule. (3) The registration of a seller or buyer shall expire on the 31st December of the year in which the registration has been pffpctprl 12.-(1) The Manager shall maintain at the Complex a regis ter of all persons registered as sellers and buyers under these Hegulatfons. (2) ThP. Mgh;t.pr i-hall ht'! nvailahlP for in,;ppct.iori frPP nf charge, during the hour.s when the C:omplex is normally open for business. 13.-(1) The Complex shall be normally open daily except on Sunday,<; and public holirfayr; from 6 a.m. to Hp. m. bnt t.hl'! hours for the sale of fishery product thereat shall be from 9 a.m. to5:30 p.m. on Monday through Friday and from 9 a.m, to 1 p.m. on Saturday. (2\ During the houri- when the CQ.tnplex is opPn for the con duct of business it shall be open to any person having a bona fide interest to conduct business at the Comp/ex but the Manager may refuse to admit any person whose conduct he is of the opinion would be prejudicial to the normal carrying on of the busine'-s of the Complex and may order any such person if present on the premises of the Complex to leave. OFFICIAL GAZErn.: 43 (:!) \\'l1t'Jt' JJriui ,111i:1.11~e111eul:-,, l1ave heen m<1de with th~: ,1\-bn:;;cr by the m1uacr of a vessel for the hrnding of any fishery producl otJlside the nomial h011rs nothing: in paragraph (1) shall prohibit the Complex from foci!itating that landing subject to thB JH1Ylllt'llt uf tlie p1esr.:1ilJed duugt':;. l •l.-(1) Any fi:<Jh(0 r:, product landed at tJ.e Complex or the ea11scway shall (,::,) b,;, subjM·t tri in':lp<:>1;"ti0n hy fi,:hpry in;::ppf't r.r<:; nnr-1 (b) comply witb any law pertaining to the size and type per• tnissible for catching and standard of quality. (2) F'ii,hery product for s11le which 1111 inflpector is (~f opinion contraven~s any such law as is referred to in paragraph (l)(b) shall not be sold or offered for sale and may be seized by the inspector. (:1) ThP per;:;on in pm;:;e;:;;:;ion of any fishery prorluct to which paragraph (22) applies shall comply with any directions given by on inspector as to the disposal of that product 15.-(1) Any person who the Manager is satisfied is engaged cnmmerf'i::il fi.:hing m-'ly pnrchfl.:e thP following frnm t.hP Com. plex (a) ice in minimum quantities of 50 pounds; (b) pot.sble water in minimum quantities of 50 gallons; (c) diesel oil and gasoline; (d) fishing gear and other supplies; The Complex shall 11$ far as possible provide the following ser vices upon payment of the respective fees mentioned in Part IV of the Schedule (a) unloading, handling, weighing, washing, grading and packaging of fishery product except conch in the shell; (b) storage of fishery product or other items in chill or cold storage; {c) freezing of fishery product or other items; (d) minor vessel repairs; (e) the use of electrical outlets; (0 use or rental of refrigerated vehicle. (3) The services specified in paragraph (22) shall be subject to such conditions as are set out in Part V of the Schedule and, without projudfo,e, tl) those whii:,h cih,:ilJ h"' rAg1trrlt>-~ Al). hnciir <'nn~ ditions, t.o such conditions as are agreed upon between the person paying therefor and the Manager or as notified to or reasonably brought to the attention of that person prior to the agreement for !n,pN'I""' ,,r f1,h cry prndue\s, Service~ and aup• pli~• ovailable at ,ho C,;mpl~•• fl~movol of offond· ing vu~~l.<, lsnlorcem~nt of p1yment of feo, 44 OFFIClAL (;AZETTE such :.ervit:es l.iy wril\l:'\I 11o~it:ts pnrn1 e1nl v UicojJ\iJ)'l.!ti u11 L';;e premises of the Complex. 16. The Manager may cause to be removed from the premises of the Complex any vessel whose captain or other person ln charge thereof f1:1ils Lo comply will, ReKulat.iun 7, S <Jr 0(1). 17. Any person who contravenes any provisions of these Regulations or who fails without lawful excuse to comply with any directions given pursuant thereto shall be guilty of an offence and Hable on summary conviction to a fine of five hundrt!d dollars or to imprisonment for six months and in addition the court may order the payment by that person to the Government of any reasonable <t".1:?~\\s.e cun:(!d b-:, \.hi?; Go\l~rnm~t\t b'J t1::·as.0'<\ 1J{ ~,,.-:-.\:\ b1:1cl.'l~h. 18.-(1) Where any fees prescribed by these Regulations remain to be paid to the Government for services rendered to, or facilities utilised by, a vessel at the Complex pursuant to any agree ment and which agreement authorises the Manager to cause the vessel to be remoVed from the Complex or elsewhere until the fees due are recovered together with any expenses incurred in such removal or detention, the Manager may proceed to effect such removal and detention. (2) No removal or detention of a vessel under paragraph (1) shall be made unlet,s notice in writing demanding payment of the fees has been made by the Manager upon the owner of the vessel or the person at whose request the services were rendered or fac1hties made available. (3) For the purpose of securing the removal or detention of a vessel authorised under these Regulations, the Manager or any person under his cont.rol may board and take possession of the \·1M;sel t1::ir th~ µurl}o-;.e o( ~{{~~t i th~ rctmo\fal <W det~~\t\Ot\ and any member of the police force or defence force if requested by the Manager shall render assistance in effecting such boarding. Landing Fee Marketing Fee Additional charges for landing after normal working hours or on SCHEDULE PART! Two {2) cents per pound of n~hetJ µtodu,;;,t. Two (2) cents per pound of fishery product Sundays or on Public Holidays ····· $10.00 per m~n hourti $10.00 per hour (a) L1:1Uuu1 (b) Handling eq~1ipment OFFICIAL GAZETTE 45 PARTU Dockage Fee Fifteen (15) cents per fovt per day or p.<1.rt of 1 he day PART III ANNUAL DUYBfl'S'/SELLER'S' REGIGTTTATION PEE -$5.00 PARTIV {l) freezing of f'1shery Product (i) Partially Frozen (Between 21° F and 30° F) -... Two (2) cents per pound (ii) Chilled, iced or fresh - Six (6) cents per pound (2) Chill storago of fishery product er other itr>m,; (i) not exceeding seven (7) days - one (1) cent per pound per day (ii) oxce(+ding sOven (7) day11 but not exceeding thirty (30) days -·- seven (7) cents per pound (3) F'rozon otorag8 of fishor)'. product or oth,:,.r it,:,m') (i) not exceeding seven (7) days - (1) cent per pound per day. (ii) in oxcOl':L'l of eovon (7) days but not exceeding thirty (30) days - eight (8) cents per pound (5) Water for replenishing tanks $~.00/day oer outlet plus $2.00 service charge One dollar and eighty cents ($1.80) per 100 !!,Ullum; ur µ~rL thereof plus $2.00 service charge 4H (7) (8) OFFICIAL GAZETTE Cost (being the cost for parts and labour supplied) plus 15¼ thereof U::;e of reott,.I of refr:iger.ited truck -$30.00 per hour Sale of ice - Seven (7) cents per pound PARTV TERMS AND CONDITIONS OF STORAGE AND FREEZING Goods will be accepted by the Fish Landing Complex only under lhe following :erms, conditions and agreement. l. Tender for Stora~e (a) All goods for storage shall be delivered at the cold storage properly marked and packed for handling and identification. The storer shall furnish a tor prior to s1Jch delivery a manifest showing marks, brands or size to be kept and accounted for separately; otherwise the goods may be stored in bulk or assorted lots at the discretion of the Mana1rer, except where special arrangements have been made with the Manager. (b) The word "lot" as used herein means the unit of goods for which a separate account is to be kept by the Manager. (c) The Complex undertakes to store and deliver goods only in the packages in which they originally are received except where arrangements have been made otherwise between the storer and the Manager, 2. Storage Period and Handling Rates and Charges (a) All iwods are stored on a day t.o day basis. unless other• wise provided. (b) Charges for any lot shall begin on the date of receipt in storage of the lot and shall continue and include the last storage day during which the lot is delivered. (c) All goods in storage and services are subject to the charges ns specified in Part IV of this Schedule. Tariff rates apply on net weights. (d) Rates do not include insurance for fire, earthquake, hurricane or other risks. Manager or Complex will not arrnnp.;e for insurance. OFFICIAL GAZETTE 47 (e) A charge will be as~essed for goods received in unfrozen condition for st&rage at freezer temper.t1tu;e. {f) Storage charges will be billed at a rate applicable to the Wnnago balance ot th,;, gnd of Qach m,)nth, :-,1ll oth◊r charges are due when incurred. The charg% are payuble on demand and the paymMt subject to interest frum date billed by the Complex. An interest charge of l y'.,'i( po:r month (18% per nnnum) ohs.II ho asoonead on all balances due over 30 days. No account will be allowed to deplete without all charges being paid in ftill in advance. Charges remaining unpaid after 90 days -- product will be ~ubjcct to oolc by the Mo.nngcr to ootiafy cold storage charges. (g) The Complex will not be responsible for demurr;1ge or detention of trucks or vessels unless unreasonably cau3cJ by the officcr3 or cmploycc0 of the Comph::x und a prearranged 1>chedule acceptable to the Manager for loading and unloading is within normal operating hours. When goods ore ordered Qut, o. rcusonublc time ohull be given the Manager to carry out ihstn)Ctfons. Overtime loading and unloading will be si1bject to extra labour charges. 3. Delivery and Transfer Requirements (a) Written orders properly signed are required for the delivery or transfer of property. All orders shall clearly :-;µedfy Lhe lot number and pu.rLkulars of description of the property. Telephone or telegram orders shall be con firmed in writing and will be accepted by the Manager only upon condition that the Complex shall not be res" ponsiUl!! for any loss or error occasloncd through such acceptance. (b) Instructions to transfer goods on the books of tl~e Com· plex are not effective until delivered to and accepted by ~he Manager am.I all churges up to tht: Lime u( t.ransfcr are chargeable to the storer and payable before the transfer is made. (c) The Complex re.serves the right to move without notice atlts own expense any goods in sl..oragc Crum any room of the cold storage in which they may be stored to another one. 4. Lial.Jility (a) The Complex and the Manager assume no liability for any loss or injury to the goods stored which could not have been avoided through the exercise of reasonable c1:tre antl i.liligeru;e, including any loss or lnjury occurring through the unavailability of any emergency equip ment. ·1f\ OFFICIAL GAZETTE (b) The \omplex is not responsible for shrinkage in weights due to evaporation; or for !oss or damage caused by fire (from ;.1ny cause) decay. taint rot or other inherent qw~litif's nf th;:, t\C' r \dr,M:1l or i:w:.-.;i.denHa\ C'.O.U'i\~?,. m other cfluses heyond its control, or by breakage, leakage, improper packing, pilferage, theft, vermin or water (from sprinklers or otherwise); or by destruction of, or intPrf,c,r(>ni'P with thfl- rl'frigeratine: nr cooling apparatus:. connection, or supply pipe, or interruption of the ref rigerating process, (c) In case of accident to the plant, premises or machinery of tf1p f'nrnp,PY M if fnr :lny T'M1s:r.n it i;::hri)) hl' {1,,,.r,mp.it hy the Manager to be unsafe or inexpedient to continue the Mo rage of the goods herein described, the Manager may terminate any agreement for storage by notifying storer (1f <:111:h tl'rmin{ltion .'.Ind r,c,<11iirin3 thr> immr>rliMl? removal of such goods. Storer :Jgrees that within forty-eight (48) hours after the receipt of such notice he will pay all charges and remove th.,. £:::tid gnod£:, foiling which .~nd tit thP. "'rirsiti(ln nf s::tid forty-eight (48) hours, the liability of the C'omplex from any cause whatever shall cease. (d) The C'omplex will not be responsible for contents of op&ntop i:-onlaini.'n or for good,;,; 1>lr>r!:d after 0,,,.,,. (1) year. (e) Storer waive:. all right of subrogation against the Com• piex, Its offi.cen. \clntl emp\oyees. Made the 30th da.y of January, 1986. MINISTER OF E('ONOMir AFFAIRS, AGRl('ULTURE AND FISHERIES