Fisheries Aquaculture and Marine Resources Act (No. 1 of 2016).
Country
Type of law
Legislation
Abstract
This Act consists of 146 section divided into 15 Parts: Preliminary (1); Administration (2); Fisheries Conservation, Management and Development (3); Records, Registers, Registration and Information (4); Fisheries Access and Management Agreements (5); Aquaculture Regulation and Development (6); Post Harvest Activities and Trade (7); Registration, Certification and Licensing (8); Requirements for Fishing and Other Activities (9); Monitoring, Control and Surveillance (10); Disposal, Release and Forfeiture of Seized Items (11); Jurisdiction, Procedure, Fines and Liabilities (12); Summary Administrative Proceedings (13); Evidence (14); Miscellaneous (15). The Act is completed by two Schedules: The First Schedule gives a definition of illegal, unreported and unregulated fishing and the Second Schedule lists fines for purposes of the Act.
The first Part contains definitions, objective and principles of the Act. Principles include, among other things, the precautionary approach and the ecosystem approach, conservation of biodiversity, minimizing of discard of fish. The Minister responsible for fisheries shall be the principal administrator of this Act. A Director of Fisheries shall be appointed by the Minister. There shall also be established a licensing Committee, an Appeals Committee and a Fisheries, Aquaculture and Marine Resources Council. This Act establishes the Fisheries, Aquaculture and Marine Resources Management and Development Fund.
Part 3 concerns fisheries management measures and conservation of fisheries. The Minister may designate priority fisheries for purposes of developing fisheries management plans and may declare Marine Management Areas and endangered and protected fish species. This Part defines prohibited fishing activities.
Part 6 requires the Director to prepare an aquaculture development plan. It also provides for, among other things, protection of local traditional community fishing from aquaculture operations, the control of introduction of invasive (alien) species, aquaculture waste, escapement, transboundary aquaculture ecosystems, and use of drugs and chemicals for aquaculture.
Part 7 specifies the Ministry of Agriculture as the competent authority for post-harvest activities in the fisheries sector in order to ensure consumer protection. To this end, the Ministry of Agriculture shall take necessary actions for food safety conditions of fish products; monitor the production, handling, landing, transportation, storage, processing and marketing of fish products; carry out food safety controls over fishery enterprises; issue health certification of fish, fish products and feed; and specify hygienic requirements of fish products. Furthermore, the Ministry of Agriculture may issue regulations prescribing food safety standards for export markets in accordance with the Hazard Analysis and Critical Control Point (HACCP) and Codex Alimentarius systems, traceability system for fish products, food quality standards for fish and fish products, and specifications for transportation and storage processes.
Part 9 concerns compliance with rules and conditions of licence and also regulates use of fishing vessel of Saint Christopher and Nevis beyond its national jurisdiction, and requirements regarding the import and export of live fish and transshipment of fish.
Part 10 is divided into four Divisions. Division 4 concerns vessel monitoring systems and use of ports of Saint Christopher and Nevis. Port state measures include port entry authorization, denial of use of port, and inspection of foreign vessels in a port of Saint Christopher and Nevis. It also sets out obligations of a vessel of Saint Christopher and Nevis subject to foreign port state measures.
The first Part contains definitions, objective and principles of the Act. Principles include, among other things, the precautionary approach and the ecosystem approach, conservation of biodiversity, minimizing of discard of fish. The Minister responsible for fisheries shall be the principal administrator of this Act. A Director of Fisheries shall be appointed by the Minister. There shall also be established a licensing Committee, an Appeals Committee and a Fisheries, Aquaculture and Marine Resources Council. This Act establishes the Fisheries, Aquaculture and Marine Resources Management and Development Fund.
Part 3 concerns fisheries management measures and conservation of fisheries. The Minister may designate priority fisheries for purposes of developing fisheries management plans and may declare Marine Management Areas and endangered and protected fish species. This Part defines prohibited fishing activities.
Part 6 requires the Director to prepare an aquaculture development plan. It also provides for, among other things, protection of local traditional community fishing from aquaculture operations, the control of introduction of invasive (alien) species, aquaculture waste, escapement, transboundary aquaculture ecosystems, and use of drugs and chemicals for aquaculture.
Part 7 specifies the Ministry of Agriculture as the competent authority for post-harvest activities in the fisheries sector in order to ensure consumer protection. To this end, the Ministry of Agriculture shall take necessary actions for food safety conditions of fish products; monitor the production, handling, landing, transportation, storage, processing and marketing of fish products; carry out food safety controls over fishery enterprises; issue health certification of fish, fish products and feed; and specify hygienic requirements of fish products. Furthermore, the Ministry of Agriculture may issue regulations prescribing food safety standards for export markets in accordance with the Hazard Analysis and Critical Control Point (HACCP) and Codex Alimentarius systems, traceability system for fish products, food quality standards for fish and fish products, and specifications for transportation and storage processes.
Part 9 concerns compliance with rules and conditions of licence and also regulates use of fishing vessel of Saint Christopher and Nevis beyond its national jurisdiction, and requirements regarding the import and export of live fish and transshipment of fish.
Part 10 is divided into four Divisions. Division 4 concerns vessel monitoring systems and use of ports of Saint Christopher and Nevis. Port state measures include port entry authorization, denial of use of port, and inspection of foreign vessels in a port of Saint Christopher and Nevis. It also sets out obligations of a vessel of Saint Christopher and Nevis subject to foreign port state measures.
Attached files
Long title of text
An Act to provide for the conservation, management, development and sustainable use of fisheries, aquaculture and marine resources of Saint Christopher and Nevis, to monitor and control Saint Christopher and Nevis fishing vessels beyond the fisheries waters, to repeal the Fisheries Act 1984 and for related matters.
Date of text
Repealed
No
Serial Imprint
Official Gazette of 2016.
Source language
English
Legislation Amendment
No
Repeals