TRANSMITTAL BY BAHAMAS THROUGH UN OF FISHERIES RESOURCES ACT OF 1977 RELATING TO ESTABLISHMENT OF EXCLUSIVE FISHERY ZONE OF COMMONWEALTH OF BAHAMAS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP08C01297R000400020003-5
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 23
• Document Creation Date: December 22, 2016
• Document Release Date: November 13, 2012
• Sequence Number: 3
• Publication Date: June 23, 1978
• Content Type: CABLE

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A-491
DATE: June 23, 1978
N/A
AORG, EFIS, PLOS, BF
TRANSMITTAL BY BAHAMAS THROUGH UN OF FISHERIES
RESOURCES ACT OF 1977 RELATING TO ESTABLISHMENT OF
EXCLUSIVE FISHERY ZONE OF COMMONWEALTH OF BAHAMAS.
Enclosed is a copy of a note from the United Nations,
dated January 31, 1978, on the above subject.
Enclosure:
As stated.
ADMIN:VGruber vo
CLEARANCES:
OPTIONAL FORM 247
(FORMERLY FS- 05-323)
MARCH 1975
DEPT. OF STATE
DRAFTING DATE
LEONARD
UNCLASSIFIED
Cal
4hb
PHONE NO.
4442
CLASSIFICATION
CONTENTS ANO CLASSIFICATI
ADMIN:ZPGeane
:C Ncji
50247-101
GPO 1975 0 - 579-100
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1
n.a/n.era d4tie'e}-n, -6/ae
738
The Permanent Representative of The Commonwealth of The
Bahamas to the United Nations presents his compliments to the
Secretary-General of the United Nations and has the honour to
enclose a copy, in English, of the Fisheries Resources
(Jurisdiction and Conservation Act No. 13') of 1977 relating to
the Establishnt of the Exclusive Fishery Zone of The Commonwealth
of The Bahamas. The Act became effective 16 June, 1977.
The Permanent Representative of The Commonwealth of The
Bahamas requests that the contents of this Note and the attached
document be broubht to the attention of the Member States and
Observers to the United 11ions.
The Permanent Representative of The Commonwealth of The
Bahamas to the United Nations avails himself of this opportunity
to renew to the Secretary-General of the United Nations the
assurances of his highest consideration.
New York, N.Y.
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0e> t
I.; NITE I) NATI ()
LE 113 (3-3)
NATIONS (1 NIES
?004,1?4 LLLLL Tl11,111APHL, J?i? ?0,11k. Nit*,
4j,c;0111
The enclosed communication dated 9 November 1977 is transmitted
to States at ,he requtst of the Permanent Representative of the
Commonvealth of the Bahamas to the United Nations.
31 January 1978
#41.-.3-re0 I 9
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NO. 13 of 1977
An Act to make provision with respect to the Conserratiou and
Management of the Fishery Resources of The Bahamas and to
extend the limits of the jurisdiction of The Bahamas over Mich
fishery resources and for matters connected therewith or
Incidental thereto.
Enacted by the Parflament of The Bahamas, as follows ?
1. Thi Act may he cited as the Fisheries Resources sh.rtea.
(Jurisdiction and Conservation) Act, 1977.
2.?(11 In this Act, unless the context otherwise requires ?
"Bahamian" in relation to a fishing vessel means ?
(a) bona fide owned by a citizen of The Bahamas resident
in The Bahamas; or
(b) a company registered in The Bahamas under the
Comparjes Act in which all the shares are beneficially
owned 4.,,y citizens of The Bahama.rceidant in The,
Bahamas;
"beneficially owned" sluu. be construed as in section 179 of the
Companies Act;
"commercial" in relation to fishing means the fishing for any
fishery resource for the purpose of subsequent sale
whether the person fishing for the same does so owe fail-
time basis or part-time basis;
"conservation and management" refers to all of the rules,
conditions, methods, and other measures which are
requii ed to rebuild, rPstore, or maintain, and which ate
useful in rebuilding, rc Loring or maintaining any fishery
laterpretadoe.
Ch. 184
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The Fisheries Resources (Jurisdiction and
Conservation) Act, 1977
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Fisheries inspectors
4. Establishment of exclusive fishery zone
5. Limits of exclusive fis11..?ry zone
6. Legal character of the exclusive fishery zone
7. Foreign fishing
8. Fishery treaties
9. Licences
10. Fishery conservation and management principles and con-
ditions
11. Boundaries
12. Power to declare protected areas
13. Powers of seizure, arrest, etc.
14. Persons in custody to be brought before magistrate's court or
released
15. Detention of vessels, etc.
16. Provisions relating to forfeiture
17. Triad of offences
18. 11 egula [ions
19. Orlencom
20. Rest riction on export. and import of fitthery resources
2 I . Penalty for subsequent conviction of same offence
22. Amendment of Chapter 26
23. Penalty of possession
24. Repeals Act No. 13 of 1969
FIRST SCHEDULE
SECOND SCHEDULE
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N,\
2
resource and the marine environment, and which are
designed to ensure that ?
lid a supply of food and other products may be taken,
and that recreational benefits may be obtained, on a
continuing basis;
(b) irreversible or long term adverse effects on fishery
resources and the marine environment are avoided;
and
(c) there will be a multiplicity of options available with
respect to the use of such resources;
"continental shelf" means the continental shelf appertaining
to The Bahamas, that is to say, the seabed and subsoil of
the submarine areas adjacent to the coasts, but outside
the territorial sea of The Bahamas, to a depth of two
hundred metres or, beyond that limit, to where the depth
of the superjacent waters admits of the exploitation cf
the natural resources of the said areas;
"court" mean, magistrate's ,:ourt;
"exclusive fish 1/ zone" means the exclusive fishery zone of
The Bahamas established by section 4, the limits of
which are set out in section 5;
"fishery" means ?
(a) Ile or more stocks of fish which can be treated as a
unit for the purposes of conservation and
management and which are identified on the basis of
geographical, scientific, technical, recreational and
economic chart' Aeristics; and
lb) any fishing for such stocks;
"fishery resource" means fish of any kind found in the sea
(other th:n species of tuna, which in the course of their
life cyde, spawn and migrate over great distances in
waters oi the ocean) and includes living 'argon:left
belonging to sedentary species, that is to say, organisms
which, at the harves, go stage, either are immobile or
under the seabed or are L. nable to move except In constant
physical con tact with the seabed or the subsoil of the
continental shelf;
"fishing" means the catching, taking or harvesting of any
fishery resource or any other activity which can be
reasonably expected to result in the catching, taking or
harvesting of such fishery resource;
"fishing vessel" or "vessel" means any vessel or boat, of
whatever size for the timo being employed by any person
In fishinr operations or an operations ancillary thereto;
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"foreign fishing" means fishing by a vessel other than a vessel
owned by a Bahamian;
"miles" means international nautical miles of 1,862 meters;
"optimum yield" means the amount of fishery resources ?
(a) which will provide the greatest overall benefit to The
Bahamas with particular reference to food production
and recreational opportunities; and
(b) which is prescribed as such on the basis of the
maximum sustainable yield from such fishery as
modified by any relevant economic, social or
ecological factor.
12) The Minister may, by notice published in the Gazette,
declare any species of living organism to be a fishery resource for
the purposes of this Act.
3. Every officer of the revenue, every peace officer and every
officer of the Department of Agriculture and Fieheries appointed for
the purpose by the Minister by ir.strument in writing shall be a
fisheries inspector for the purpose of this Act and shall have and
may exercise the fulict..ms assigned to a fisheries inspector by or
under this Act.
4. There is establishek) for the purposes of this Act a zone to be
known as the exMusive fishery zone of The Bahamas.
Fislmri?? in.
@pact.,
EMablishmet
nolualre fishier
5. The outer boundary of the exclusive fishery zone is a line Limits of 410
drawn in such a manner thet each point on it is two hundred miles du.i. hems
from the baseline from which ? vsrritorial sea is measured:
Provided thqt where the distance between that baseline and the
territorial sea or the exclusive fishery zone of a neighbouring state
is less than two hundred miles the provisions of section 11 shall
apply to the determine Lion of the outer boundary of the exclusive
fishery zone.
8.-11) Within the exclusive miry zone, The Bahamas has
sovereign rights and exclusive au iority for the purpose of ex-
ploring and exploiting, conserving and managing the fishery
resources of the seabed and subsoil and superjacent waters.
(2) The superjacent waters of the exclusive fishery zone
outside the territorial sea of The Bahamas and beyond any foreign
state's territorial sea, to the extent that such sea is recognised by
The Bahamas, remain subject to the regime of the high seas for all
purposes other than for the purposes of exploration and ex-
ploitation, conserved( n and management of the fishery resources or
other than purposes with respect to vhich coastal states are ac-
corded by internation I law exclusive ju. isciiction.
Lys! charm*,
el she naiad.
fidaery NM.
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Forewn fishing
Fishery treaty
4
7. No foreign fishing is authorised within the exclusive fishery
zone for any fishery resource in respect of which The Bahamas
exercises the sovereignty and authority specified in section 6 unless
such foreign fishing ?
(a) is authorized by virtue of a treaty to which The
Bahamas is a party and such treaty is made subject
to sections 8 and 10 and is conducted under arid in
accordance with a valid licence granted by the
Minister under section 9;
(b) is authorized by the Minister and is conducted by a
vessel owned or operated by an, international
organization of which The Bahamas is tinernbert '
(c) is authorized by the Minister and is conducted for
scientific or research purposes under the authority of
and in accordance with the terms and conditions of a
permit in that behalf granted by the Minister to the
person operating the vessel;
(d) is c -inducted for sporting purposes in accordance with
any regulations made under this Act, by a vessel
wine has first made entry in respect of the voyage on
which it is engaged at a port of entry in The Bahamas
or by a vessel which has been imported into The
Bahami: 3 or constructed in The Bahamas.
8. Foreiln fishing may lie conducted pursuant to a fishery
treaty if such treaty satisfies the requirements of this Act and
includes as conditions of the treaty ?
(a) that the fc .gn state acknowledges the exclusive
fishery conservation and management authority of
The Bahamas as set forth in this Act;
(b) the foreign state and the owner or operator of any
fishing vessel fishing pursuant to such treaty will
ab? by the terms of the treaty, the previsions of this
Act and any regulations made thereunder;
(c) the foreign sta, and the owner or operator of any
fishing vessel fibhing pursuant to ouch treaty will
permit fisheries inspectors to enforce the provisions
of this Act and any regulations made thereunder by
allowing such inspectors to board and search or in.
spect any fishing vessel of the foreign state when it is
within the exclusive fishery zone and to make arrests
and seizures whenever such 'officers have reasonable
cause to believe as a result of such search or in.
section that any such vessel or any person thereon
has committed a 1:-each of this Act or any regulations
r.lde thereunder.
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5
9.- (1) Every foreign state with which The Bahamas has W...
entered into a fishery treaty shall submit an application for a licence
to the Minister before the 1st day of January of each year in respect ;
of every fishing vessel wishing to fish in the exclusive fishery zone.
(2) Every application for a licence under this section shall be in
such form as the Minister may prescribe and shall specify ?
(a) the name and official registration number or other
identification of each vessel for which a licence is
sought;
(b) the name, address and nationality of the owner of
each vessel;
(c) the tonnage, capacity, speed, processing equipment,
type and quantity of fishing gear, and such other
information with respect to the fishing charac-
teristics of each vessel as the Minister may require;
Id) the description of each fishery resource for which
each vessel wishes to fish;
(e) the quane:ties of fish or tonnage of catch con-
templated 'r each vessel during the time such licence
is in force;
(f) the area of the exclusive fishery zone in which, and
the season o. period during which, such fishing will
be conducted.
(3) Subject to subsections (4) and (5), where the Minister
decides to grant a licence he shall grant the licence to the owner or
operator in respect of a named vessel in accordance with ?
(a) the provisions of tnis Act and the regulations made
then under;
(b) the terms and conditions of the relevant fishery
treaty; an,:
(c) the principles add conditions set forth in section 10.
141 A licence may contain such conditions and restrictions as
appear to the Minister granting the .tence to be necessary or ex-
pedient for regulating the conservation and management of the
fishery resources of The Bahamas and in particular a licence shall
contain conditions and restrictions ?
(a) as to the requirements of any applicable fishery
management plan and any regulations made to
implement any such plan;
(a) as to the requirement that no licence may be used by
any vessel other than the vessel in respect of which it
is grantee.;
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cl\ ?
Fr.h?ty con
.ervation and
management
principle,
snd conditions.
(c) as to any requirement provided for in the relevant
fishery treaty;
(d) as to the requirements that the vessel shall fish only
in the area of the exclusive fishery zone for which the
licence is granted and at the seasons and periods
indicated; and that the vessel shall not engage while
in the exclusive fishery zone in any of the acts of
cutting up, canning or packaging of any fishery
resource except in the said area.
(5) A licence may not be granted to any vessel the owner or
operator of which is not a national of the foreign state which is *
party to the fishery treaty.
(6) A licence shall be prominently displayed at all times in the
wheel-house of the vessel while the vessel is in the exclusive fishery
zone and the number of the licence shall be painted on the vessel in
such manner as the Minister may prescribe.
(7) A licence may be revoked or suspended in any case where
the Minister is satisfied that there is a breach of the Lerma and
conditions of a fis.-ery treaty or the conditions and restrictions of
the licence.
10.-11) The ucvernor-General may from time to time
determine f he optimum yield of the fishery resources of the ex-
clusive fishery zone; in making that determination the Governor-
General shall take into account the need to ensure, through proper
conservation and management measures, the maintenance of these
resources or the restoratio of populations of harvested species at
levels which can produce the maximum sustainable yield. In par-
ticular, he shall take into account relevant environmental and
economic factors, including the economic needs of coastal fishing
communities an the special requirements of the development of
The Bahamas, Eshing patterns, the inter-dependence of stocks and
any generally rtcommended eubregional, regional or global
minimum standards, and the effects on species associated with or
dependent upon harvested sp. es.
(2) The Governor-General may from time to time determine
the capacity of the fishing industry of The Bahamas to harvest the
fishery resources of the exclusive fishery zone.
(3) The difference between the optimum yield and the
maximum capacity of the fishing industry of The Bahamas as may
be determined by the Governor-General in accordance with sub-
sections (1) and (2) may be the allowable level of foreign fishing.
(4) An allocation to a foreign state of part of the total
allowable level of foreign fishing as determined by the Governor-
General may oni.- be made in accordance with the condition that the
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foreign state concerned enters into a fishery treaty with The
Bahamas in which there is specified ?
(a) the proportion of the total allowable level of foreign
fishing to be allocated to that foreign State, taking
into account the extent to which fishermen of that
foreign state have traditionally engaged in fishing
activity in the fishery concerned;
(b) the number, identification and characteristics of the
fishing vessels of that foreign state which are to be
granted licences to fish in the exclusive fishery zone;
(c) that the fishing vessels of that foreign state will
comply with the regulations made under this Act for
the conservation and management of the fishery
resources of The Bahamas;
(d) that access to the market of that foreign state shall
be granted for the fishery resources and fishery
products harvested by the fishermen of The Bahamas
in the exclusive fisher, zone;
(a) that tato, foreign state will extend substantially the
same I, .1/ling privileges to fishing vessels owned by
/Ashanti, ns as The Bahamas extends to the fishing
vessels owned by citizens of that foreign state.
(5) For the purpose. of subsections Ill, (2) and (3), "the ex-
clusive fishery .rme" means that part of the waters thereof the inner
boundary of which is a line drawn in such a manner that each point
on it is twelve miles from the baseline from which the territorial sea
is measured.
1l.--(1) Subject to subsection (3), where the exclusive fishery
zone of The &llamas meets the limits of the territorial sea, con-
tinental shelf or exclusive fishery zone of a neighbouring state, to
the extent only to wk.:ch such limits are recognized by The Bahamas
to be validly eset..olh,hed pursuant to international law, the
Governor-General may initiate and conduct negotiations with that
state to establish the boundary of the exclusive fishery zone in
relation to the territorial sea, coil _ shelf or exclusive fishery
zone of that state.
(2) In the absence of agreement on the boundary of the ex-
clusive fishery zone with the territorial sea, continental shelf or
exclusive fishery zone of a neighbouring state, the following shall be
the limits of the exclusive fishery zone ?
(a) in the case of the fishery resources of the waters of
the exclusive fishery zone, a line every point of which
is twe've miles distant from the baseline from which
the territorial sea of thP t state is drawn;
Boundarkm.
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',wet it) lar?
pe olocled ?re"
8
(b) in the case of the fishery resources of the seabed and
bsoi I ?
(i) where there is a continuous continental shelf
between The Bahamas and the neighbouring
state, a line every point of which is
equidistant from the edge of the Great and
Little Bahama Banks and the baselines from
which the territorial sea limits of that state
are drawn, and, in areas other than the Great
and Little Bahama Banks, a line every point
of which is equidistant from the baselines
respectively from which the territorial sea
limits of The Bahamas and that state are
drawn;
WI where there is not a continuous continental
shelf between The Bahamas and the neigh-
bouring state, the limits of the continental
shelf of that state shall be as determined by
international law:
Provided, however, that in contemplation of such
Tement being reached the Governor-General may
by order fix another limit temporarily or by interim
agreement with the neighbouring state.
(3) The Governor-General in the exercise of his powers under
this section shall take into account that The Bahamas has leas
exercised sovereignty over, and enjoys exclusive authority for the
purposes of exploring and exploiting, conserving and managing of,
the Great and Little Bahama Banks.
12.?(1) The Minister may by order declare any area of the
waters within the exclusive fishery zone whether alone or together
with any area of land adjacent to such waters to be a protected area
for the purposes of this Act.
(2) Any oraer made under this section may prohibit fishing for
any fishery resource whateve- or for any fishery resource specified
in the order, by any person -herwise than under the authority of
and in accordance with the terms and conditions of a permit in that
behalf granted to that person for that purpose.
(3) Any person who takes any fishery resource in a protected
area in contravention of the provisions of any order made under this
section in respect of such area or of any term or condition attached
to n permit granted under such an order shall be guilty of an offence
and liable upon summary conviction, subject to the provisions of
section 21, to a fine of seven hundred and fifty dollars or to im-
prisonment for a term of six mor?ths or to both.
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(4) Where any person is found within a protected area in
possession of any fishery resource the fishing for which within that
area is prohibited by an order made under this section he shall be
deemed, until the contrary Is proved, to have taken that fishery
resource within that area.
13.?(1) A fisheries inspector may at any time stop, go on POW Of *Mu*
board and search any fishing vessel within the exclusive fishery '""'"'
zone, and if he has reason to suspect that any person on board such
vessel has contravened any of the provisions of this Act or of any
regulations made thereunder he may without summons, warrant or
other process seize the vessel and detain it and any person found on
board.
(2) A fisheries inspector may at any time without summons,
warrant or other process seize and detain any vessel or thing which
is liable to forfeiture under this Act or which he has reasonable
grounds to believe is so liable.
(3) A fisheries inspector and any person whom he may call to
his assistance may a-rest and detain without warrant any person
whom such inspectok has reason to suspect has committed or
permitted any offence against this Act.
(4) Any person wf n resists or obstructs any fisheries inspector
in the exercise of any of his powers conferred by this section shall be
guilty of an of fL-ce and liable upon summary conviction to a fine of
five hundred dollars. and such person may be detained by the
fisheries inspector.
(5) Where any vessel or hing is seized or detained or any
person is detained under due section by a fisheries inspector, the
inspector shall take such vessel, thing or person as soon as may be
to the nearest or most convenient place in The Bahamas and there
deliver it or him into the custody of the most senior police officer.
14. Where on da;vering any person into the custody of a police
officer in accordance with the provisions of section 13 ?
(a) the fisheries inapt, or makace complaint to such
officer that such person has committed an offence
against this Act, the police officer shall as soon as
may be cause such person to be brought before a
magistrate's court to be dealt with according to law;
Or
(b) the fisheries inspector does not make any such
complaint, the police officer shall forthwith release
such person.
P?rron? in
..tody to be
brought before
tuogeeteehee.
Where any fishing ye.. ?1 or thing le delivered into the Detentio.
custody of a police 'neer at any piece by ? fisheries inspector in "H?I'''
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accordance with the provisions of section 13, such vessel or thing
shall be detained in the custody of the Commissioner of Police to the
order of the Minister at that place or at such other place as the
Minister may direct until the same shall be forfeited or released in
accordance with the provisions of this section as the case may be.
(2) Any vessel or thing detained under the provisions of
subsection (1) shall be released upon demand to the owner or his
duly accredited agent ?
(a) within the period of seven days next following the
date of delivery of the vessel or thing to the police
officer, if no proceedings are Instituted within the
period against the master or other person in charge of
the vessel or thing in respect of an offence against
this Act; or
(b) in any case where such proceedings are instituted as
aforesaid and the vessel or thing is not liable or or-
dered to be forfeited under the provisions of this Act,
upon the final determination of the proceedings and
the pc vrnent of any fine imposed by the court in such
procee. jugs within the time prescribed by the court
for such payment.
(3) Any vessel (A thing detained under the provisions of
subsection (1) shall be subject to a lien in favour of the Government
for the amount or any fine impoced by the court upon the master or
other person in cliarge thereof in any proceedings in respect of an
offence against this Act, and if such fine shall not have been paid by
the due date for payment thc.-sof the Minister may, at any time
thereafter, subject as in this subsection provided, after first serving
upon the owner or the master or other person in charge of the vessel
or thing at the time of its seizure notice in writing of his intention so
to do, sell the vessel or thing by public auction and deduct the
amount of the fir.e or fines unpaid and the expenses incurred in
selling the vessel or i.Ling from the proceeds of the sale and pay the
balance to the Treasurer, to be held by the Treasurer and paid by
him to such person as shall satisf im that he is entitled thereto:
Provided that if within the period of fourteen days next
following the date of service of a notice under this subsection upon
the owner, master or other person in charge of a vessel or thing,
such owner, master or other person pays to the court the amount of
any fine or fines unpaid, and pays to th? Minister the amount of any
expenses incurred by the Minister in spect of the proposed side,
the Minister shall not offer such vessel or thing for sale but shall
release the vessel or thing to such owner, master or other person.
14) No action shall lie at the r,iit of any person against the
Treasurer in respect of the payment 'oy him in good faith of any
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moneys under subsection (3) to any person appearing to him to be
entitled to the same.
16.-11) The provisions of the First Schedule shall have effect
for the purpose of forfeitures, and proceedings for the condemnation
of any vessel or thing as being forfeited, under this Act.
(2) Subject to the provisions of the said Schedule, any vessel or
thing seized or detained under the provisions of this Act as being
liable to forfeiture shall, if condemned or deemed to have been
condemned as forfeited, be disposed of in such manner as the
Minister may direct.
17.-11) Where any offence against any of the provisions of
this Act or of any regulations made thereunder is committed at
some place on the water within the exclusive fishery zone but
outside the limits of any district within which any magistrate has
jurisdiction under the Magistrates Act (or any other statute for the
time being in force regulating the jurisdiction of magistrates), the
place of the commission of the offence shall for the purposes of the
jurisdiction of any court be (.:9emed to be the place in The Bahamas
where the offender is found or to which he is first brought after the
commission of the offence.
(2) The jurisdiction under subsection (1) shall be in addition to
and not in derogation of any jurisdiction or power of any court
under any other enactment.
Provisions inlet.
ing to forfeiture.
First &nodule.
Trial of offences.
Ch. 36.
18.?(1) The Minister may make regulations for any or all of arimatiaa.
the following purposes ?
(a) for the conservation and management of the fishery
resources of the exclusive fishery zone which are
consistent with this Act and with the following
standards ?
(i) conservation an management measures
shall prevent overfishing while achieving the
optimum yield from each fishery;
(ii) conservation and management measures
shall be based upon the best available
scientific information;
WO to the extent practicable, an individual stock
of fish shall be managed as a unit throughout
its range, and interrslated stocks of fish shall
be menaged as a unit or in close co-ordination;
(iv) conservation and management measures,
where practicable shall promote efficiency in
the utilization of fishery resources; except
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that no such measure shall have economic
allocation as its sole purpose;
( v I conservation and management measures
shall take into account and allow for
variations among, and contingencies in,
fisheries, fishery resources and catches;
(vi) conservation and maragsment measures
shall where practicable vir 'adze costa and
unnecessary duplication;
(b) regulating the taking of any species or kind of fishery
resource (whether by reference to size or weight or
otherwise) absolutely or during such period or periods
as may be specified any where within the exclusive
fishery zone;
(c) limiting the quantity of any fishery resource which
may be taken by any person;
prohib;ting the taking of any fishery resource by any
specific I method within the exclusive fishery zone;
Is) prohibiting the use of any engine, dredge, trap or
device for the purpose of taking any fishery resource
within thc exclusive fishery zone;
(f) rastricting the possession on board a fishing vessel of
any noxious, poisonous or explosive substance or of
any engine, dredge, trap or other device prohibited
for use in taking of any fishery resource by any
regulations made under paragraph (d) of this sub-
section;
(g) providing for the grant of permits and licences, their
terms and conditions and for the transfer, amend-
ment and revocation of such permits and licences;
(h) prescriN.ng he fees to be charged in respect of the
grant, transfer or amendment of any permit or
licence;
1i) prescribing the expo. t duty to be paid in respect of
the export of any fishery resource from The Bahamas:
(j) prescribing tits forms of applications of permits and
licences;
(k) prescribing the size and type of construction of any
trap, net or seine and prohibiting the use for the
purpose of taking any fishery resource of any trap,
net or seine other than a trap, net or seine of the
prescribed size of mesh:.
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(1) providing for the grant of permits for the purpose ot
trapping crawfish, their terms and conditions and for
the suspension and cancellation of such permits;
(m) regulating the size of any fishery resource which may
be in the possession of any person;
(n) providing for the regulation of the sale of any. fishery
resource to the public and for the inspection, grading,
packing, processing, preserving the storage of any
fishery resource intended for human consumption
whether within or outside The Bahamas and for the
diarging of fees for the inspection of any such fishery
resource;
(0) prescribing the places at which any fishery resource
may be landed or sold;
(p) empowering the court by which any person ki found
guilty in respect of the use of any trap, net, seine or
other device in contravention of any such regulation
to order the confiscation of such trap, net, seine or
device;
(q) regulatint sports fishing by vessels by means of
licences or otherwise;
(r) prescribing anything to be prescribed under the
provisions of _ his Act.
(2) No regulai,:on shall be made under subsection (1) so as to
come into operation before a date to be appointed by the Minister by
notice published in the Gazette (hereafter in this Act referred to as
"the appointed day").
19.-111 Sublect to subsection (3), where any fishing vessel Off...
engages in foreign fishing in the exclusive fishery zone for any
fishery resource, the owner and also the master or other person in
charge of the vessel ard every person who so uses it shall each be
guilty of an offence and ihle on summary conviction, subject to the
provisions of section 21, to a fine of fifty thousand dollars or to
imprisonment for a term of one yea: to both.
(2) Where any fishery resource i found on board any fishing
vessel within the exclusive fishery zone or where any fishery
resource is landed, or placed in any crawl, from any such fishing
vessel at any creek, island or cay within The Bahamas, such fishery
resource shall be deemed, until the contrary be proved, to have been
taken within the exclusive fishery zone by a person on board such
fishing vessel.
(3) Notwithstanding subsection (1) any fishing vessel which
engages in foreign fishing in the exclusive fishery zone for any
fishery resource havin(- been so authori; 4 under section 7(a), (b) or
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1c) or for sporting purposes in acwrdance with the provieions of
section 7(d) shall be deemed not to be in contravention of subsection
(1).
(4) Any person who being a non-Bahamian uses a Bahamian
fishing vessel to fish for any fishery resource for commercial pur-
poses within the exclusive fishery zone or is found employed on such
a vessel in any capacity whatever, shall be guilty of an offence and
liable on summary conviction, subject to the provisions of section
21, to a fine of two thousand dollars or to imprisonment for a term of
six months or to both, unless such person has first been granted a
IN. lief 19671 permit in accordance with the provisions of the Immigration Act,
1987, so to do.
(5) Any pagan who being the owner, master or other person in
charge of a Bahamian fishing vessel permits a non-Bahamian to use
such vessel to fish for any fishery resource for commercial purposes
within the exclusive fishery zone, or employs a non-Baharnian on
such vessel, shall be guilty of an offence and liable on summary
conviction, subject to the provisions of section 21, to a fine of two
thousand dollars or to imprisonmen for a term of six months or to
both, unless the pet 'on so permitted to use the vessel or so em-
ployed has first bet granted a permit in accordance with the
provisions of the Inum,ration Act, 1987, so to do.
20.-11) No person shall, otherwise than under the authority of
and in accordance with the terms of a licence panted to that person
for the purpose by the Minister ?
(a) export any fishery resource from The Bahamas;
lb) import into The Bahamas any fishery resource
specified by ) Minister by notice published in
the Gazette as rtquiring such a licence.
(2) Any person who exports or imports any fishery resource in
contravention of thz, provisions of this section or of any term or
condition attachet: Lo a licence granted thereunder shall be guilty of
an offence and liable upon summary conviction, subject to the
provisions of section 21, to a fine of five thousand dollars or to
Imprisonment for a term of six ILA,. tha or to both.
(3) This section shall not come into force until the.appointed
Itsetrittle? ea
.sp?rt a?el
how( at Wry
I?0011.11011.
IP?nolly for
asharpost MP
1114411111? MOO
day.
21. If any person, having been convicted of an offence against
any provision of this Act or of any regulations made thereunder, is
convicted of a further offence against that provision, then, not-
withstanding anything to the contrary, he shall be liable upon
conviction of such further offence ?
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(a) to a fine not exceeding double the amount or to im-
prisonment for a term not exceeding double the term
(hereinafter respectively referred to as a "double
fine" and "double imprisonment") which might
otherwise have been imposed in respect of that of-
fence; or
(b) in a case where both a fine and a term of im-
prisonment may be imposed in respect of a first of-
fence, or to both such double fine and double im-
prisonment.
22. The Agriculture and Fisheries Act is amended in the
respects specified in the Second Schedule:
Provided that ?
(a) the amendments to sections 2,5, 7,8 and 9 of the said
Act (hereinafter referred to as "the said sections")
made by virtue of this section and the said Second
Schedule shall not have effect; and
(b) the said rctions, tile Marine Products (Fisheries)
Rules (whit regulate the taking, sale and export of
marine products as defined in the aforesaid Act) and
the Marine Products (Sponge) Rules (which regulate
the taking, sal, and export of sponges) shall continue
in full force and effect as if this Act had not been
passed,
until the appointed day.
23. Any person, whether hor sing a licence or permit or not,
found in possession of any article prohibited to be used, or any
fishery resource prohibited to be taken, by virtue of any licence,
permit or regulation made under this Act and failing to give a
satisfactory explanatior, of such possession shall be guilty of an
offence and liable on summary conviction, sabject to the provisions
of section 21, to a fine or e:ght hundred dollars or to imprisonment
for a term of six months or to both.
24. The Fisheries Act. 1969,1. roweled.
FIRST SCHEDULE (Section Hi)
PROVISIONS RELATING TO FORFEITURE
NOTICE OF SEIZURE
1. The Minister shall give notice otthe seizure of any thing as
liable to forfeiture, and of the grounds thereof, to any person who to
Aise?drat et
Chapt?r 16.
83361?1186666616.
Eli. Val. III p.
673.
5.1 V. Ill p.
P?e?Ity of
pieseoles.
limeatt Mt tle.
13of IMO.
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his knowledge was at the time of seizure the owner or, one of the
owners thereof:
Provided that notice shall not be required to be given under this
paragraph if the seizure was made in the presence of ?
(a) the person whose offence or suspected offence oc-
casioned the seizure; or
(b) the owner or any of the owners of the thing seized or
any servant or agent of his; or
(c) in the case of any thing seized in any ship, the master.
2. Notice under paragraph 1 of this Schedule shall be given in
writing and shall be deemed to have been duly served on the perscaa
concerned ?
(a) if delivered to him personally; or
(b) if addressed to him and left or forwarded by post to
him at his usual or last known place of abode or
business or, in the case of a body corporate, at its
registered or principal office; or
(c) where he has no address within The Bahamas, or his
addr? q is unknown, by publication of notice of the
seizure in theGazette.
NOTICE OF CLAIM
3. Any ?,,Tson claiming that any thing seized as liable to
forfeiture is nct so liable (hereafter in this Schedule referred to as a
"claimant") shall, within one month of the date of the notice of
seizure or, where no such notice has been served on him, within one
month of the date of the seir give notice of his claim in writing to
the Minister.
4. Any notice under paragraph 3 of this Schedule shall specify
the name and addi ?34 of the claimant, and, in the case of a claimant
who is outside 1e Bahamas, shall specify the name and address of
an attorney in The biiharnas who is authorisA to accept service of
process and to act on behalf of the claiman:; and service of process
upon an attorney so specified b- .11 be deemed to be proper service
upon the claimant.
CONDEMNATION
5. If on the expiration of the relevant period aforesaid for the
giving of notice of claim in respect of any thing no such notice has
been given to the Minister, or if in the case of any such notice given,
any requirement of paragraph 4 of this Schedule is not complied
with, the thing in question shall be deemed to have been duly
condemned as forfeited.
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6. Where notice of claim in respect of any thing is duly given in
accordance with the foregoing provisions of this Schedule, the
Attorney-General on behalf of the Minister shall take proceedings
for the condemnation of that thing by the Supreme Court, and if the
Court finds that the thing was at the time of seizure liable to for-
feiture the Court shall condemn it as forfeited.
7. Where any thing is in accordance with either of paragraph 5
or 6 of this Schedule condemned or deemed to have been condemned
as forfeited, then, without prejudice to any delivery up or sale of the
thing by the Minister under paragraph 14 of this Schedule, the
forfeiture shall have effect as from the date when the liability to
forfeiture arose.
COURT PROCEEDING FOR CONDEMNATION
8. Proceedings for condemnation shall be civil proceedings and
shall be instituted in the Supreme Court by motion.
9.?(1) In any such proce-xiings ?
la) the cla :nant or his attorney shall make oath that the
thing seized was, or was to the beet of his knowledge
and bel;ef, the property of the claimant at the time of
the seizur....; and
(b) +e claimant shall give such security for the costs of
the proceedings as may be determined by the Court..
(2) I [any requirement of sub-paragraph (1) of this paragraph is
not complied with the Court :all give judgment for the Attorney.
General.
10. Where an appeal has been made against the decision of the
Court in any proccMings for the condemnation of anything, that
thing shall, penu,h6 the final determination of the matter, be left in
the custody of the Cu,pmissioner of Police.
PROVISION AS TO PROOF
11. In any proceedings arisiug out of the seizure of any thing,
the fact, form and manner of the seizure shall be taken to have been
as set forth in the process without further evidence thereof, unless
the contrary is proved.
12. In any proceedings, the condemnation by the Supreme
Court of any thing as forfeited may be proved by the production
either of the order or certificate of condemnation or of a certified
copy thereof purporting to be signed by the Registrar.
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SPECIAL PROVISIONS AS TO CERTAIN CLAIMANTS
13. For the purposes of any claim to, proceedings for the
condemnation of, any thing, where that thing is at the time of
seizure the property of a body corporate, of two or more partners or
of any number of persons exceeding five, the oath required by this
Schedule to be taken and any other thing required by this Schedule
or by any rules of the Supreme Court to be done, by, or by any
person authorised by, the claimant or owner may be taken or done
by, or by any other person authorised by, the following persons
respectively, that is to cow?
l.? where the owner is a body corporate, the escretary or
some duly aut,b9rised officer of thptpdy
(b) where the owners are in partnership, any one of those
owners;
(c) where the owners are any number of persons ex-
ceeding five not being in partnership, any two of
those persons on behalf of themselves and their co-
owners.
POWER TO ')EAL WITH SEIZURES BEFORE
CONDEMNATION, ETC.
14. Where anything has been seized as Habit to forfeiture the
Minister may at any time if he sees fit and notwithstanding that the
thing has not yt been condemned, or is not yet deemed to have been
condemned, as forfeited ?
(a) deliver it up to any claimant upon his paying to the
Minister such F.Jui as the Minister thinks proper,
being a sum not exceeding that which in the
Minister's opinion represents the value of the thing,
including any duty or tax chargeable thereon which
hs not been paid; or
(b) if the thing seized is a living creature or in in the
opinion of the Minister of a perishable nature, eekOr
destroy it.
15.--(1) If, where any thing is delivered up, sold or destroyed
as aforesaid, it is held in proceedings taken under this Schedule that
the thing was not liable to forfeiture at the time of its seizure, the
Minister shall on demand by the claimant tender to him ?
(a) an amount equal to any sum paid by him under sub-
paragraph (a) of paragraph 14 of this Schedule; or
lb) where the Minister has sold the thing an amount
aqua', to the proceeds of sale; or
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(c) where the Minister has destroyed the thing, an
amount equal to the market value of the thing at the
time of its seizure:
Provided that where the said amount includes any ,sum on
account of any duty or tax chargeable on the thing which had not
been paid before its seizure the Minister may deduct so much of that
amount as represents that duty or tax.
(2) If the claimant accepts any amount tendered to him under
sub-paragraph (1) of this paragraph, he shall not be entitled to
maintain any action on account of the seizure, detention, sale or
destruction of the thing.
(3) For the purposes of head Icl of sub-paragraph ( 1 ) of this
paragraph, the market value of any thing at the time of its seizure
shall be taken to be such amount as the Minister and the claimant
may agree or, in default of agreement, us may be determined by a
referee appointed by the Chief Justice, not being an official of any
Government Department, whose decision shall be final and con-
clusive; and the procedure on any reference to a referee shall be such
as may be determined by the referee.
SI''iOND SCHEDULE (Section 22)
Arne. Aments to the Agriculture and Fisheries
Act (Ch. 25)
Section
(a) section 2
(b) section 5
Amendments
(c) section 7
Delete the definition of "marine product".
Delete sub-paragraph (I) of paragraph (a);
paragraph (h); paragraph (c); paragraph Oh
the words "or marine products" from
paragraph (g); paragraph (h).
Delete the Nords "or any marine product
prohibited to be taken, captured, destroyed
or killed".
Id) section 8 Delete the section.
(e) section 9 Delete the section.
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