Fish Industry (Shell and Live Coral Conservation) Regulations, 1971

Lr;OAL Noncn No. 27t THE FISH INDUSTRY ACT, 1968 (No. 24 of 1968) IN EXERCISE of the powers conferred by section 7 of the Fish Industry Act, 1968, the Minister for Tourism and Wildlife hereby makes the following Regulations: THE FISH INDU~TRY (SHELL AND LIVE CORAL CONSERVA'nON) REGULATIONS, 1971 I. These Regulations may be cited as the Fish Industry (Shell and Coral Conservation) Regulations, 1971. 2. In these Regulations, except where the context otherwise requires-· "bivalve" means any mollusc of any family of class pelecyopoda; "cowry" means any mollusc of any family of class gastropoda; "licensing officer" means the Director of Fisheries or any Fisheries Officer authorized in writing by the Director of Fisheries to issue a licence under these Regulations; "live coral" means a living calcareous skelton secreted by polypoid coelenterates of the class anthozea; "oyster" means any mollusc of any species of genus ostrea; "shell" means the hard protective covering of a mollusc. 3. (I) No person shall fish for, collect or capture cowries, bivalves, shell of cowries or bivalves, or live coral, without a valid licence issued under these Regulations. (2) Any person who. contravenes the provisions of this regulation shall be guilty of an offence. 4. (I) A licence in the form shown in the First Schedule to these Regulations may, on application and on payment of the fee specified in the Second Schedule tc. these Regulations, be issued to any person by the licensing officer ~ubjectto such conditions as the licensing officer may think fit. (2) The licensing officer may, in his discretion, refuse to issue a licence. (3) Any licence holder who contravenes any of the conditions subject to which the licence is issued shall be guilty of an offence. 5. (I) Any person who is convicted of an offence under these Regulations shall be Iiablc-> (a) in the case of a first conviction to a fine not exceeding five thousand Shillings or to imprisonment for a term not exceed ing six months, or to both such fine and such imprisonment; (b) in the case of a second or subsequent conviction, to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment. \-J, eu. dUUlUuU we court may order the property in respect of which the offence was committed to be forfeited. 6. Where a licence holder is convicted of an offence under regula tion 4 of these Regulations the Director of Fisheries may, in his discretion, forthwith cancel the licence. 7. These Regulations shall not apply to oysters. FIRST SCHEDULE (r. 4 (I) THE FISH INDUSTRY (SHELL AND lJIVE CORAL CONSERVATION) REGULATIONS, 1971 LiCENCE TO COLLECT AND CAPTURE SHELL AND LIVE CORAL ......................... , of (address) is hereby licensed to collect and capture cowries. bivalves. shells. of cowries or bivalves, and live coral at ,." , , , This licence commences on ."........................ 19 . and expires on , , 19 . Date of issue .. , " , , 19 . FEE PAID: Sh . Station ., " , . This licence is issued subject to the following conditions: Licensing Offlcer Signature of Licensee SECOND SCHEDULE (r. 4 (1» FEE FOR A LICENCE TO COLLECT AND CAPTURE COWRIES, BIVALVES, SHELLS OF COWRIES OR BIVALVES, AND LIVE CORAL For twelve months Citizen Sir. 100 Non-citizen Sir. 200 Made this 24th day of November, 1971. J. L. M. SHAKO, Minister for Toursim and Wildli]e.