Fisheries Act 1987.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Act extends to the internal waters, the territorial sea, the exclusive economic zone, and any other waters over which Dominica claims fisheries jurisdiction. Part III of the Act concerns fisheries management and development. The Minister responsible for fisheries is to promote the management and development of fisheries so as to ensure the optimum utilization of the fisheries resources in the fishery waters for the benefit of Dominica. The Chief Fisheries Officer is required to prepare and keep under review a plan for the management and development of fisheries, which shall: identify each fishery and assess the present state of exploitation; specify the objectives to be achieved in the management of each fishery; specify the management and development measures to be taken; specify the programmes to be followed for each fishery, the limitations, if any, to be applied to local fishing operations, and the amount of fishing, if any, to be allocated to foreign vessels. Provision is also made for the appointment of a Fisheries Advisory Committee to advise on management and development of fisheries. The Minister is authorized to enter into arrangements or agreements with other countries in the region, or with any competent regional organization, providing for harmonization of statistical systems, survey, licensing procedures and conditions for foreign fishing vessels, regional licences issued by a competent international organization, management bodies, and the establishment of a regional register of fishing vessels.
He is further authorized to enter into access agreements with States (which include any regional organization to which power to negotiate agreements has been granted) or association representing foreign fishing vessel owners or charterers. Such agreements must include the requirement that the other partner will ensure compliance by its vessels of the terms and conditions of the agreement, and with the fisheries laws. With exception for foreign fishing vessels used purely for sports fishing, no foreign vessel is permitted to fish in the fishery waters without a valid foreign fishing licence; such licences can only be issued where there is in force an agreement between Dominica and the flag State (unless the licence is issued in respect of test fishing operations, or a locally based foreign fishing vessel). Fishing without a licence, or in contravention of any condition of it, renders the master, owner and charterer liable to a fine of $500 000 and in default of payment thereof imprisonment for five years. Foreign fishing vessels not licensed to fish in the fishery waters are to stow their fishing gear while in the fishery waters in the manner prescribed by regulations, and failure to do so renders the master, owner, and charterer of the vessel each liable to a fine of $250 000, and in default of payment thereof to imprisonment for twelve months. Local fishing vessels, other than those used solely for sport fishing or fisheries research operations, are required to have a licence.
A local fishing licence is not to be refused except on the grounds specified in the Act. For local fishing vessels fishing without a licence or in breach of a licence condition, there is a penalty of $10 000 and in default of payment thereof, imprisonment for twelve months. Other provisions in Part II concern the duration of fishing licences (normally twelve months), the conditions (general and special) which may be attached to licences, the payment of fees and royalties, the cancellation and suspension of fishing licences, and the licensing of a fish processing establishment. The operation of such an establishment without a licence or in contravention of a licence condition carries a penalty of $5 000 and in default of payment thereof to imprisonment for twelve months. Finally, Part II authorizes the Minister to designate an area as a Local Fisheries Management Area, including the power to designate Local Fisheries Management Authorities. Such bodies are given a limited power to make by-laws.
Part III concerns marine reserves and conservation measures, and provision is made for the Minister to declare fishing priority areas within the fishery waters, to lease lands for aquaculture, and to declare marine reserves. Part III further deals with prohibited fishing methods (such as dynamiting), the possession of prohibited fishing gear, and the authorization of research into fisheries in the fishery waters, breaches of such provisions are punishable by a fine of $1 000 and in default of payment, to imprisonment for six months.
Part IV covers enforcement and includes a power or the Minister to compound offences in certain circumstances. Part V (General) contains the regulation-making power, a power to exempt local fishing vessels from the licensing requirements of the Act, the repeal of the Fisheries Ordinancce, and the Jobbers' and Boatmen's Ordinance, though rules made under the Fisheries Ordinance continue to have effect except to the extent that they are inconsistent with the Act, or have been revoked by regulations made under it.
He is further authorized to enter into access agreements with States (which include any regional organization to which power to negotiate agreements has been granted) or association representing foreign fishing vessel owners or charterers. Such agreements must include the requirement that the other partner will ensure compliance by its vessels of the terms and conditions of the agreement, and with the fisheries laws. With exception for foreign fishing vessels used purely for sports fishing, no foreign vessel is permitted to fish in the fishery waters without a valid foreign fishing licence; such licences can only be issued where there is in force an agreement between Dominica and the flag State (unless the licence is issued in respect of test fishing operations, or a locally based foreign fishing vessel). Fishing without a licence, or in contravention of any condition of it, renders the master, owner and charterer liable to a fine of $500 000 and in default of payment thereof imprisonment for five years. Foreign fishing vessels not licensed to fish in the fishery waters are to stow their fishing gear while in the fishery waters in the manner prescribed by regulations, and failure to do so renders the master, owner, and charterer of the vessel each liable to a fine of $250 000, and in default of payment thereof to imprisonment for twelve months. Local fishing vessels, other than those used solely for sport fishing or fisheries research operations, are required to have a licence.
A local fishing licence is not to be refused except on the grounds specified in the Act. For local fishing vessels fishing without a licence or in breach of a licence condition, there is a penalty of $10 000 and in default of payment thereof, imprisonment for twelve months. Other provisions in Part II concern the duration of fishing licences (normally twelve months), the conditions (general and special) which may be attached to licences, the payment of fees and royalties, the cancellation and suspension of fishing licences, and the licensing of a fish processing establishment. The operation of such an establishment without a licence or in contravention of a licence condition carries a penalty of $5 000 and in default of payment thereof to imprisonment for twelve months. Finally, Part II authorizes the Minister to designate an area as a Local Fisheries Management Area, including the power to designate Local Fisheries Management Authorities. Such bodies are given a limited power to make by-laws.
Part III concerns marine reserves and conservation measures, and provision is made for the Minister to declare fishing priority areas within the fishery waters, to lease lands for aquaculture, and to declare marine reserves. Part III further deals with prohibited fishing methods (such as dynamiting), the possession of prohibited fishing gear, and the authorization of research into fisheries in the fishery waters, breaches of such provisions are punishable by a fine of $1 000 and in default of payment, to imprisonment for six months.
Part IV covers enforcement and includes a power or the Minister to compound offences in certain circumstances. Part V (General) contains the regulation-making power, a power to exempt local fishing vessels from the licensing requirements of the Act, the repeal of the Fisheries Ordinancce, and the Jobbers' and Boatmen's Ordinance, though rules made under the Fisheries Ordinance continue to have effect except to the extent that they are inconsistent with the Act, or have been revoked by regulations made under it.
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Long title of text
An Act to make provision for the promotion and regulation of fishing in the fishery waters of Dominica and for matters incidental thereto and connected therewith.
Notes
Reprinted edition of Act No. 11 of 1987 as authorized by L.R.O. 1/1991.The Act repeals the Fisheries Ordinance (Cap.79), and the Jobbers and Boatmen's Ordinance (Cap.113).
Repealed
No
Serial Imprint
Laws of Dominica, 24 pp.
Publication reference
FAL 37
Source language
English
Legislation Amendment
No
Implemented by