ARRANGEMENT OF SECTIONS
1 Short title
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
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
24 Duties of owners of carrier and other deep-sea fishing vessels
26 Power to amend Schedule
27 Forfeiture of things seized
28 Resident Magistrate may deal with extra-territorial offences
29 General penalty
THE FISHING INDUSTRY ACT
[Date of Commencement: 1st October, 1976]
17 of 1975
33 of 1991.
This Act may be cited as the Fishing Industry Act.
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.
(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.
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.
(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.
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.