FISHING INDUSTRY ACT

ARRANGEMENT OF SECTIONS

Preliminary

   1   Short title

   2   Interpretation

 

Fishing Licences

   3   Prohibition of fishing without licence

   4   Appointment of Licensing Authority and assistants

   5   Certain categories of fishermen to be licensed

   6   Matters to be considered on application for licence

   7   Identification of licensed fishermen

 

Registration and Licensing of Boats

   8   Boats used for fishing to be registered and licensed

   9   Application for registration of a fishing boat and particulars thereof

   10   Register of fishing boats to be kept

   11   Registered fishing boat to be licensed

   12   Change of ownership of fishing boat otherwise than by death

   13   Change of ownership of fishing boat on death of owner

   14   Procedure where fishing boat lost, destroyed, permanently unserviceable

   15   Refusal, cancellation or suspension of licence

   16   Right of appeal against refusal, cancellation or suspension of licence

   17   Procedure on loss of licence

 

Fishery Protection

   18   Minister may declare fish sanctuary

   19   Minister may declare close season

   20   Fishery Inspector may enter boats, examine licences, etc

   21   Fishery Inspector may seize equipment being used illegally

   22   Penalty for removing fish-pot, etc of another

   23   Penalty for landing and sale of illegally caught fish

   23A   Licences in respect of fishing in the exclusive economic zone

 

General

   24   Duties of owners of carrier and other deep-sea fishing vessels

   25   Regulations

   26   Power to amend Schedule

   27   Forfeiture of things seized

   28   Resident Magistrate may deal with extra-territorial offences

   29   General penalty

      SCHEDULE

 

THE FISHING INDUSTRY ACT

[Date of Commencement: 1st October, 1976]

Acts
17 of 1975
33 of 1991.

LN 17/2000.

Preliminary

1   Short title

   This Act may be cited as the Fishing Industry Act.

2   Interpretation

   In this Act-

   "fish" includes shell fish, crustaceans and marine or fresh water animal life;

   "Fishery Inspector" means any game warden approved as such under the Wild Life Protection Act, any member or officer of the Constabulary Force, any soldier, non-commissioned officer, warrant officer or officer of the Jamaica Defence Force or any public officer designated a Fishery Inspector by general notice;

   "fishing" means catching or attempting to catch any fish in any manner whatsoever and includes killing, gathering or destroying any fish;

   "fishing boat" or "boat" means any canoe, floating platform, decked boat, carrier vessel, vessel equipped with an outboard or an inboard motor, or other vessel used for the purpose of fishing;

   "Licensing Authority" means the public officer designated by the Minister pursuant to section 4, and includes any person carrying out such functions of the Licensing Authority as may be assigned to such person;

   "licensed fisherman" means a person licensed to fish pursuant to section 5;

   "Minister" means the Minister for the time being responsible for fisheries.

Fishing Licences

3   Prohibition of fishing without licence

   (1) Subject to subsection (2), after the expiration of thirty days from the commencement of this Act, no person shall, using any of the methods specified in the Schedule, engage in fishing in Jamaica or, if a citizen of Jamaica, such areas outside Jamaica as may be prescribed, unless he is the holder of a valid licence issued by the Licensing Authority.

   (2) The Minister may, by order, subject to such terms and conditions as he may specify, exempt from the requirements of this section-

   (a)   persons who he is satisfied are engaged bona fide in research and who intend to fish only for scientific purposes;

   (b)   any other category of person specified in the order.

   (3) Any person who contravenes the provisions of subsection (1) or who fails to observe any term or condition imposed by an order made under subsection (2) shall be guilty of an offence and liable on summary conviction before a Resident Magistrate to a fine not exceeding one thousand dollars and, in default of payment, to imprisonment for a term not exceeding twelve months.

4   Appointment of Licensing Authority and assistants

   The Minister may designate by general notice a public officer as the Licensing Authority and such other public officers as he may think fit to assist the Licensing Authority.

5   Certain categories of fishermen to he licensed

   (1) The Licensing Authority may, on application made in the prescribed manner and on payment of the prescribed fee, issue to any person who desires to fish using any method specified in the Schedule a licence so to do.

   (2) Any licence granted under this section may be granted subject to such conditions, in addition to any conditions that may be prescribed in respect of licences generally, as the Licensing Authority thinks fit to impose.

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