Sustainable Fisheries Management and Development Bill, 2025 (As amended 2025-02-07)
Senate
18/11/2024
null

2025-02-07

Bill as amended

OBJECTS AND REASONS

This Bill would establish the enabling conditions for

the sustainable utilization of fisheries;

aquaculture and mariculture resources;

strategic development of the fisheries sector;

the responsible management of fisheries activities; and

to provide for related matters.

(a)

(b)

(c)

(d)

(a)

Arrangement of Sections

PART I

PRELIMINARY

Short title

Interpretation

Application

Act binds the State

PART II

ADMINISTRATION

Responsibilities of Minister

Functions of Minister

Functions of the Chief Fisheries Officer

PART III

FISHERIES ADVISORY COUNCIL

Establishment of Fisheries Advisory Council

1.

2.

3.

4.

5.

6.

7.

8.

2

PART IV

FISHERIES MANAGEMENT AND DEVELOPMENT

Management objectives

Management plan

Content of management plan

Submission of management plan

Approval of management plan

Amendment to management plan

Review of management plan

Compliance with management plan

Withdrawal of the management plan

Protection of endangered species

Notification of fisheries agreements

PART V

DATA AND INFORMATION

Supply of data and information

Confidentiality of data and information

Fisheries sector census questionnaire

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

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3

PART VI

FISHING GEAR AND FISHING METHODS

Prohibited fishing gear and fishing methods

Seizure of prohibited fishing gear

Certificate of the cause and manner of death or injury of fish

Prohibition of damage, destruction or interference with fishing gear

Stowage of gear

PART VII

MARINE ENVIRONMENTAL PROTECTION FROM FISHERIES ACTIVITIES

Prohibition on polluting fishing area

Design of fishing vessels and pollution prevention equipment

Discharge of pollutants

Discharge of ballast water

Hull scraping and cleaning

Anti-fouling paints

Vessel repair facilities

Discharge permits

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

4

Fish waste reception facilities

Duty to report discharges

Environmental related inspections

Regulating translocation of live fish

Coral reef damage

PART VIII

CONTROL OF POLLUTION BY FISHING GEAR

International requirements to be complied with

Fishing gear pollution preventive measures

Fishing gear pollution mitigative and remedial measures

PART IX

COLLABORATION

Collaboration with development partners

Prohibition on the taking of fish or fish products contrary to law

PART X

OBSERVERS

Fisheries observer

Duties of owner of the vessel or facility in which a fisheries observer is placed

36.

37.

38.

39.

40.

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5

Confidentiality of the data and information collected by the fisheries observers

Conditions for observers

Notice of intention to place fisheries observers

PART XI

FISHING VESSEL SURVEYS AND CERTIFICATION

Fishing Vessel Surveys Surveys of fishing vessels

Certificate of Seaworthiness Certificate of seaworthiness: initial fishing vessel surveys

Certificate of seaworthiness: renewal fishing vessel surveys

Annual fishing vessel surveys

Work-in-Fishing Compliance Certificate Work-in-fishing compliance certificate: initial fishing vessel surveys

Work-in-fishing compliance certificate: renewal fishing vessel surveys

Requirement for certificates: annual fishing vessel surveys

Fishing Vessel Energy Efficiency Certificate Requirement for certificates: initial fishing vessel surveys

Requirement for certificates: renewal fishing vessel surveys

48.

49.

50.

51.

52.

53.

54.

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56.

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58.

59.

6

Requirement for certificates: annual fishing vessel surveys

Fishing vessels without energy specific equipment, fittings, etc.

Survey certificates to be accompanied by surveyor's report

Deficient fishing vessel: procedure to be adopted

Approved marine surveyors of the Fisheries Division

Unscheduled surveys

Fraudulent surveys

PART XII

REGISTRATION OF BARBADOS FISHING VESSELS

Registration of Barbados Fishing Vessels engaged in Fishing or Related Activities

Registration of Barbados fishing vessels

Barbados fishing vessel register

Classes of Barbados registered fishing vessels

Naming of Barbados fishing vessels

Application for registration

Registration of a fishing vessel

Certificate of registration

Validity of a certificate of registration

60.

61.

62.

63.

64.

65.

66.

67.

68.

69.

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71.

72.

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74.

7

Identification and marking of fishing vessel

Display of certificate of registration

Replacement of certificate of registration

Suspension or cancellation of registration

Qualification for provisional registration

Application for provisional registration

Certificate of provisional registration

Construction certificate of registration

Vessel Monitoring Device or Equipment Registered fishing vessels to carry vessel monitoring equipment

Master to give notice of non-functioning vessel monitoring device or equipment

Tampering with the vessel monitoring device or equipment

PART XIII

REGISTRATION OF FOREIGN FISHING VESSELS IN BARBADOS

Registration of Foreign Fishing Vessels Application

Register of foreign owned Barbados registered fishing vessels

Inspection of foreign fishing vessel

75.

76.

77.

78.

79.

80.

81.

82.

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84.

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86.

87.

88.

8

Registration of a foreign fishing vessel

PART XIV

REGISTRATION OF INTERNATIONAL SEA-GOING FISHING VESSELS

Application under this Part

Barbados international fishing vessel registry programme

Barbados international fishing vessel registry co-management arrangements

Registrar of International Sea-going Fishing Vessels

Register of international sea-going fishing vessel

Foreign vessel to be registered

Registration of international sea-going fishing vessels

Refusal and termination of registration

Vessels eligible to be documented and re-documented

Fishing vessels not to be documented

Certificate of registry for international sea-going fishing vessels

Conditions precedent to issuance of permanent certificate of registry for international sea-going fishing vessels

Oaths

89.

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102.

9

Numbering of certificates of registry for international sea-going fishing vessels

Conditions precedent to issuance of provisional certificate of registry

Conditions precedent to issuance of fishing vessel construction certificate

Surrender and cancellation of registry

Names, numbers and marks on international sea-going fishing vessels

Persons qualified to own Barbados international sea-going fishing vessels

Barbados connection and majority interest

Mortgages Form of mortgages

Subsisting mortgages on fishing vessels no longer registered

Subsisting mortgages on fishing vessels registered

Priority of a subsisting mortgage

Deletion of a registered mortgage

Notice of intended mortgage

Application of 1993 Convention on Maritime Liens and Mortgages

General Applicable IMO Conventions

Applicable FAO Instruments

103.

104.

105.

106.

107.

108.

109.

110.

111.

112.

113.

114.

115.

116.

117.

118.

10

Standards of training, certification and watchkeeping for fishing vessel personnel

Maritime labour protection

Seafarers in fishing

International vessel safety standards

PART XV

REGISTRATION OF FISH PROCESSING ESTABLISHMENTS

Fish processing establishments to be registered

Register of fish processing establishments

Application for registration of a fish processing establishment

Certificate of registration of a fish processing establishment

PART XVI

LICENCES

Barbados Fishing Vessel Operators' Licence Prohibition of fishing without a Barbados fishing vessel operators’ licence

Application for a Barbados fishing vessel operators’ licence

Issuing and renewing a Barbados fishing vessel operators’ licence

Categories of Barbados fishing vessel operators' licence

119.

120.

121.

122.

123.

124.

125.

126.

127.

128.

129.

130.

11

Commercial Fishing Licence Prohibition of fishing without a commercial fishing licence

Application for a commercial fishing licence

Issuing or renewing a commercial fishing licence

Recreational Fishing Licence Prohibition of recreational fishing without a recreational fishing licence

Application for a recreational fishing licence

Issuing or renewing recreational fishing licence

Foreign Fishing Vessel Licences Foreign fishing vessel prohibited from fishing without licence

Exemption

Application for a foreign fishing vessel licence

Issuing of foreign fishing vessel licence

Commercial Aquaculture or Mariculture Facility Licence Commercial aquaculture or mariculture facility to be licenced

Application for a commercial aquaculture or mariculture facility licence

Inspection of facility

Chief Fisheries Officer to grant or refuse to grant a licence

131.

132.

133.

134.

135.

136.

137.

138.

139.

140.

141.

142.

143.

144.

12

Special Licences Special licences to be granted

Conditions of Licence issued under this Part Licence conditions

Notification of changes to licences

Validity of licences

Licence management measures

PART XVII

PERMITS

Permission to Conduct Fisheries Research Prohibition on conducting fisheries research without permission

Exemption

Application to undertake fisheries-related research

Chief Fisheries Officer may grant or deny permission

Conditions of permit

Appeal of the decision of the Chief Fisheries Officer not to grant permission

Fish taken in course of fisheries-related research and survey operations

Offence of undertaking research

145.

146.

147.

148.

149.

150.

151.

152.

153.

154.

155.

156.

157.

13

Designation of Fisheries Research Institution Designation as an approved fisheries research institution

Approval of a fisheries research institution

Approved fisheries research institution to submit information

Confidentiality data and information submitted

Test fishing operations permit

Application for test fishing operations permit

Issuing a test fishing operations permit

Validity of test fishing operations permit

Permission for a Foreign Fishing Vessel to enter local Port Designation of local ports

Permission for foreign fishing vessel to enter local port

Application for permission to enter a designated port

Exemption from the permission obligation

Granting permission to enter a designated port

Refusal to enter a designated port

Informing flag State of action being taken in respect of IUU fishing

List of vessels involved in IUU fishing

158.

159.

160.

161.

162.

163.

164.

165.

166.

167.

168.

169.

170.

171.

172.

173.

14

Permission to import and release a live fish

Application for permission to import or release live fish

Possession and trade in fish, fish product or other marine resources prohibited

Permission for Barbados Fishing Vessels to Fish on the High Seas Prohibition of fishing on the high seas without a permit

Application for high seas fishing permit

Matters to be considered in granting a high seas fishing permit

Conditions for denying a high seas fishing permit

Conditions for high seas fishing permit

Validity of high seas fishing permit

Aquaculture or Mariculture Permits Aquaculture or mariculture permits

Application for aquaculture or mariculture permit

Issuing aquaculture or mariculture permit

Special Permits Special permits

174.

175.

176.

177.

178.

179.

180.

181.

182.

183.

184.

185.

186.

15

PART XVIII

CONSTRUCTION, ALTERATION AND CONVERSION OF A FISHING VESSEL

Construction, Alteration and Conversion of a Fishing Vessel of Barbados Barbados registered fishing vessels to meet prescribed standards

Construction, alteration and conversion of a Barbados registered fishing vessel

Authority to inspect a vessel under construction, alteration, conversion or importation

Suspension or withdrawal of permission to construct, alter, convert or import a fishing vessel

Owner to notify the Chief Fisheries Officer on completion of construction, alteration conversion or importation of a fishing vessel

Use of alternative fittings, materials, equipment or machinery

Maintenance of equipment and machinery

Exemptions

Notification of change of ownership

Notification of change in description of vessel

Loss or destruction of a Barbados registered fishing vessel or removal from service

Certificate of deletion

187.

188.

189.

190.

191.

192.

193.

194.

195.

196.

197.

198.

16

Notation in the register

Appeals

Certification of Fishing Vessel Builder Certified fishing vessel builder

Fishing vessel builder’s certificate of competency

Application for fishing vessel builder’s certificate of competency

Issuing a fishing vessel builder’s certificate of competency

Production of fishing vessel builder’s certificate of competency

Suspension or revocation of certificate

Fishing vessel builder’s certificate of origin

Fraudulent fishing vessel builder’s certificate of origin

PART XIX

BOAT YARD

Use of boat yard

PART XX

ABANDONED, DERELICT AND STRAY FISHING VESSELS

Abandoned and derelict fishing vessels

Reporting, abandoned, derelict or stray fishing vessels

199.

200.

201.

202.

203.

204.

205.

206.

207.

208.

209.

210.

211.

17

Abandoned fishing vessels

Notice of fishing vessel abandonment

Removal and disposal of abandoned fishing vessel

Derelict fishing vessel

Notice of derelict fishing vessel

Removal and disposal of derelict fishing vessel

Fishing vessel neglect and unsafe conditions

Breaking of fishing vessels

Destruction of fishing vessels

Stray fishing vessel

Removal or disposal of stray fishing vessel

PART XXI

FISH QUALITY AND SAFETY

Competent authority

Sale or export of adulterated fish or fish products prohibited

Fish waste

212.

213.

214.

215.

216.

217.

218.

219.

220.

221.

222.

223.

224.

225.

18

PART XXII

AQUACULTURE AND MARICULTURE

Adoption of aquaculture and mariculture policy

National Policy on aquaculture and mariculture

Aquaculture and Mariculture Management Plan Adoption aquaculture and mariculture plan

Implementation of the plan

Preparation of the plan

Plan adoption, modification and revocation

Duration and periodic review of plan

Binding effect of plan

Withdrawal of plan

Contents of plan

Conformity of aquaculture and mariculture plan to policy

Aquaculture and Mariculture Investment Schemes Entry into aquaculture and mariculture investment schemes

Binding nature of aquaculture and mariculture investment schemes

Validity of the scheme

226.

227.

228.

229.

230.

231.

232.

233.

234.

235.

236.

237.

238.

239.

19

Particulars of the scheme

Compliance requirements for parties to schemes

Scheme restrictions

Aquaculture and Mariculture Miscellaneous Prohibition of engaging in commercial aquaculture and mariculture without a licence

Protection of the ecosystem and traditional access

Responsibility to report infectious diseases

Permission from the Chief Fisheries Officer to move fish

Chief Fisheries Officer to inspect and seize aquaculture or mariculture produce

Escapement: aquaculture and mariculture stock

Restricted use of drug and other chemical

Information on wild and genetically modified species

Interference with aquaculture or mariculture establishment prohibited

Transboundary aquatic ecosystems

Code of Practice for aquaculture and mariculture activities

Designated areas for acquaculture and mariculture

240.

241.

242.

243.

244.

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246.

247.

248.

249.

250.

251.

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253.

254.

20

PART XXIII

CLIMATE CHANGE MITIGATION, ADAPTATION AND DISASTER RISK MANAGEMENT IN FISHERIES

Interpretation

Fisheries sector CCMADRM policy and plan

Binding effect of the CCMADRM Plan

Withdrawal of the CCMADRM Plan

Direct and indirect climatic impacts

Aims of the CCMADRM Policy and Plan

Climate change resilience building innovation

Incentives: climate change mitigation

Emissions reduction from fishing vessels

Climate change adaptation in fisheries sector

Disaster and Emergency Preparedness and Response in Fisheries Natural disaster and emergency considerations fisheries sector

PART XXIV

FISHERIES AND ENERGY

Green fishing schemes

Benefit sharing agreements

255.

256.

257.

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259.

260.

261.

262.

263.

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265.

266.

267.

21

Benefit sharing agreements to accompany green fishing schemes

PART XXV

GENDER IN FISHERIES

Gender equality, equity and diversity in fisheries programme

Gender reporting in fisheries

Gender in fisheries and nationally determined contributions

Collaboration with the Bureau of Gender Affairs

PART XXVI

FISHERIES COOPERATIVE

Provision for the establishment of a fisheries cooperative

Main functions of the fisheries cooperative

Education of fishers on cooperatives

PART XXVII

CORPORATE SOCIAL RESPONSIBILITY

Corporate social responsibility action

Corporate social responsibility reporting

Implementation of a corporate watch and verification system

Incentives for companies that undertake corporate social responsibility in the local seafood industry

268.

269.

270.

271.

272.

273.

274.

275.

276.

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279.

22

PART XXVIII

FISH AGGREGATING DEVICES

Fish aggregating devices management plan

Adoption and implementation of the FAD Management Plan

Binding nature of FAD Management Plan

Plan duration and periodic review

Withdrawal of a FAD management plan

FAD logbooks

Register of FAD locations

FAD registration and licensing

FAD registration and licensing fees

PART XXIX

FISHERIES, MARINE SPATIAL PLANNING AND MANAGEMENT

Fisheries specific marine spatial planning and management

Planning and management per fishery

Stakeholder collaboration

280.

281.

282.

283.

284.

285.

286.

287.

288.

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291.

23

PART XXX

FISHERIES-SPECIFIC PAYMENT FOR ECOSYSTEM SERVICES SCHEMES

Economic Diversification of Fisherfolk through Payments for Ecosystem Services

Interpretation

Fisheries specific cash-for-conservation regimes

Payment for ecosystem services regime

Register of persons participating in the schemes

Fisheries specific PES scheme requirements

Approval of fisheries specific PES schemes

Pilot fisheries specific PES scheme

Scope of Fisheries specific PES Schemes Fisheries specific PES schemes

PES Training Training requirements for participants in PES schemes

Benefit Sharing under PES Benefit sharing under PES

Sustainable Economic Initiatives in the Fishing Industry Fishing industry sustainable economic development

292.

293.

294.

295.

296.

297.

298.

299.

300.

301.

302.

24

PART XXXI

SEA MOSS CULTIVATION

Sea Moss Cultivation Programme and Participants Barbados Sea Moss Cultivation Programme

Sea moss harvesting

Sea moss post harvest and production

Register of sea moss cultivation programme participants

Instruments and initiatives for sea moss programme participants

Reporting requirements

Restrictions on sea moss cultivation activities

Fishing for sea moss under a high seas fishing permit

Sea Moss Cultivation Regulation Sea moss cultivation code of practice

PART XXXII

ILLEGAL, UNREPORTED AND UNREGULATED FISHING

IUU fishing

Vessels to which IUU fishing apply

Unreported fishing

303.

304.

305.

306.

307.

308.

309.

310.

311.

312.

313.

314.

25

Unregulated fishing activities

Information to be provided in advance by vessels requesting port entry

Inspection procedures in relation to IUU fishing

Reporting requirements for inspection results

Training of fishery protection officers engaged in IUU fishing inspections

IUU fishing beyond national jurisdiction

Duty of confidentiality in relation to IUU fishing

Penalties for illegal, unreported and unregulated fishing and related activities

PART XXXIII

TRANSSHIPMENT OF FISH

Interpretation

Guidelines to prevent IUU fishing from fish transshipment activities

Authorization of transshipment of fish

Standard notification and reporting

Pre-event notification and verification

Post-event reporting

Follow up procedures

315.

316.

317.

318.

319.

320.

321.

322.

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329.

26

Monitoring

Data exchange and information sharing

Recognition of the special requirements of developing States

PART XXXIV

MARINE LIVING RESOURCES AND FISHERIES RELATED CRIME

Marine living resources crime

PART XXXV

SEAFOOD TRACEABILITY AND FRAUD PREVENTION IN FISHERIES

Development of fish catch documentation scheme

Record keeping traceability

Continuous data acquisition traceability

Online platform design

Requirements for handlers of fish and seafood products

Inter-regional cooperation mechanisms

Inter-regional cooperation: requirements in the harmonized minimum terms and conditions

Eco-labelling schemes for fish and other seafood products

Document fraud in fisheries

330.

331.

332.

333.

334.

335.

336.

337.

338.

339.

340.

341.

342.

27

Offence of fish and seafood fraud

Establishing an agreed list of names of fish and other seafood

Harmonized fisheries information system base

Mandatory labelling requirements for fish and seafood products

Strengthening official food control systems

Food fraud in fisheries vulnerability assessment

PART XXXVI

FISHERY PROTECTION OFFICERS

Fishery protection officers

Identification of fishery protection officers

Duties of fishery protection officers

General powers of fishery protection officers

Powers of entry and search on land of fishery protection officers

PART XXXVII

ENFORCEMENT

Power of authorized officer

Sale of perishable goods seized

Immunity of Chief Fisheries Officer and authorized officers

343.

344.

345.

346.

347.

348.

349.

350.

351.

352.

353.

354.

355.

356.

28

Assaulting the Chief Fisheries Officer and authorized officers

Offences committed onboard his vessel

Release of items on bond

Power of the Court of forfeiture and cancellation or suspension of licences

Presumptions

Onus of proof

Disposal of items forfeited

Offences committed outside national maritime areas

Power to inspect fishing vessels and their equipment, etc.

Powers of inspectors and law enforcement officers in relation to premises and fishing vessels

Improvement notices

Prohibition notices

References of notices to arbitration

Compensation in connection with invalid prohibition notices

Offences: improvement and prohibition notices

Detention of a fishing vessel

References of detention notices to arbitration

357.

358.

359.

360.

361.

362.

363.

364.

365.

366.

367.

368.

369.

370.

371.

372.

373.

29

Compensation in connection with invalid detention of fishing vessel

Release of vessel or thing if no proceedings instituted

Security for release of the fishing vessel

Disposal of seized fish and other perishables

Protection from personal liability

Offences not specifically provided for

PART XXXVIII

FISCAL ARRANGEMENTS

Fees Services

List of fisheries services and fees

Marine living resources royalties

PART XXXIX

FISHING VESSEL ACCIDENTS

Enquiry into fishing vessel accidents

Assistance to be rendered to collision

374.

375.

376.

377.

378.

379.

380.

381.

382.

383.

384.

30

PART XL

FISHERIES DISPUTE SETTLEMENT

Fisheries dispute settlement tribunal

Labour supplying State jurisdiction of Barbados

Labour supply State dispute settlement option

Flag State fisheries labour dispute settlement option

Dispute settlement jurisdiction clauses in fishers' agreements

Non-Barbados fishers: fisheries labour dispute settlement options

Protection of fisher against discrimination

PART XLI

FISHERIES AND TOURISM

Sustainable fish tourism plan

Ambit of the local fish tourism industry

Area restrictions on seagoing fish tourism activities

Authorization of foreign and domestic tourists to participate in seagoing fisheries

Fish tourism activities

Requirements for vessels engaged in fish tourism activities

385.

386.

387.

388.

389.

390.

391.

392.

393.

394.

395.

396.

397.

31

Compulsory third party liability insurance

Fish tourism licence

Itinerary

Passenger list

Passenger capacity

Passenger safety

Fish tourism rules and regulations

Applicable UNCLOS and FAO Requirements

PART XLII

FISHING VESSEL CHARTERING

Conditions and Procedure for Bareboat Charter Registration Interpretation

Bareboat Chartering-in of foreign registered fishing vessels Bareboat charter-in registration

Procedure for bareboat charter-in registration

Mortgages and encumbrances: bareboat chartered fishing vessels

Closure of bareboat charter registration

Bareboat Chartering-out of Barbados registered Fishing Vessels Bare boat charter-out registration in a foreign registry

398.

399.

400.

401.

402.

403.

404.

405.

406.

407.

408.

409.

410.

411.

32

Duration of bareboat charter-out

Payment of fees during charter-out period

PART XLIII

BARBADOS INSTITUTE FOR FISHERIES AND FISHERIES-RELATED STUDIES

Establishment of Barbados Institute for Fisheries and Fisheries-related Studies

PART XLIV

APPLICATION OF INTERNATIONAL AND REGIONAL FISHERIES INSTRUMENTS

International fisheries instruments to have force of law

Cape Town Agreement of 2012 on International Convention for the Safety of Fishing Vessels

Ambulatory Reference

Regional fisheries agreements

Conventions prevail

Extent of application of international fisheries legal and policy frameworks

412.

413.

414.

415.

416.

417.

418.

419.

420.

33

PART XLV

MISCELLANEOUS

Non-payment of Fees Non-payment of fees

Environmental and Social Impact Assessment Environmental and social impact assessment

Fisheries Sector Investment Schemes Entry into fisheries sector investment schemes

Binding nature of fisheries sector investment scheme

Validity of the scheme

Particulars of the scheme

Compliance requirements for scheme parties

Scheme restrictions

Fisheries Subsidies Fisheries subsidies

Disclosure of Information Disclosure of information

Prohibition of publication or disclosure of information by unauthorized persons

Confidentiality

421.

422.

423.

424.

425.

426.

427.

428.

429.

430.

431.

432.

34

Publication of information

Suspension, Cancellation or Revocation of Licences, Permits etc. Suspension, cancellation; revocation or variation of licences, permits, etc.

Restriction on grant of licence, permit, etc.

Miscellaneous Transfer of functions outside of Barbados

Fisheries management and conservation measures

Regulations

Fishing industry notices

Fisheries sector management directives

Amendment of Schedules

Power to waive fees

Transitional

Repeal

433.

434.

435.

436.

437.

438.

439.

440.

441.

442.

443.

444.

35

FIRST SCHEDULE

Fisheries Advisory Council

SECOND SCHEDULE

Fisheries Sector Census

THIRD SCHEDULE

Oath

FOURTH SCHEDULE

Transshipment Declaration

36

BARBADOS

A Bill entitled

An Act to establish the enabling conditions for the sustainable utilization of fisheries, aquaculture and mariculture resources, strategic development of the fisheries sector, the responsible management of fisheries activities and provide for related matters.

ENACTED by the Parliament of Barbados as follows:

PART I

PRELIMINARY

Short title

This Act may be cited as the Sustainable Fisheries Management and Development Act, 2025.

Interpretation

In this Act

“abandoned vessel” means a vessel that has been left unattended or unclaimed on either public or private property for more than 30 days without the written consent or contrary to the instructions of the owner or person in control of the property;

“access agreement” means an agreement concluded between Barbados and another State or entity for the purpose of exploiting fisheries resources;

“adaptation” means

the process by which adverse or beneficial effects are considered, evaluated and appropriately addressed, to prevent or minimize the damage that may be cause; or

taking advantage of opportunities that may arise;

“agent” means a person designated in writing by the owner of the vessel to conduct business related to the vessel on behalf of the owner;

“aquaculture” means the freshwater cultivation, propagation or farming of fish, or other living aquatic resources whether from eggs, spat or seed, including

rearing fish lawfully taken from the wild or lawfully imported into Barbados; or

1.

2.

(a)

(b)

(a)

38

collecting and holding live fish or invertebrates;

“aquatic flora” includes seaweeds and other aquatic plants;

“authorized officer” means any fisheries, customs or police officer or any officer or soldier of the Barbados Defence Force serving as a member of the Barbados Coast Guard;

“Barbados Fishing Vessel Operators’ Licence” means a licence issued under section 128;

“Barbados Maritime Transport Administration” means the division within the Ministry responsible for Shipping concerned with maritime transport affairs;

“Barbados registered fishing vessel” means a vessel used exclusively to engage in fishing activities that is accorded the nationality of Barbados by virtue of registration of the vessel under the Barbados flag, and includes

a fishing vessel registered in Barbados and operating in Barbados and the wider Caribbean Trading Area; and

an international sea-going fishing vessel registered in Barbados;

“Barbados waters” or “waters of Barbados” includes the internal waters, territorial sea, contiguous zone, exclusive economic zone and the continental shelf of Barbados;

“Caribbean Trading Area” means the Gulf of Mexico and Caribbean Sea proper including the bays and seas therein and that portion of the Atlantic Ocean within the boundary constituted by a rhumb line from a point on the east coast of the United States of America in latitude 32º 00' north to the intersection 20º 00' north, 59º 00' west; thence a rhumb line to the intersection of 7º 20' north, 50º west; thence a rhumb line drawn southwesterly to the eastern boundary of French Guiana;

“charter fishing vessel agreement” means an agreement for the chartering or hiring of a fishing vessel whereby no crew or provisions are included as part of the agreement;

(b)

(a)

(b)

39

“Chief Fisheries Officer” means the public officer appointed under the Public Service Act, Cap. 29;

“climate change” means any change in climate over time, whether due to natural variability or as a result of human activity;

“commercial fishing” means fishing for the purpose of selling all or any of the fish caught;

“conservation” means the multiple use and actions to protect fish stocks, habitats and ecosystem functions in order to provide for a healthy and sustainable fishery for the future;

“contiguous zone” means the area of water that has as its inner limit the outer limit of the territorial sea and as its outer limit the line every point of which is a distance of 24 nautical miles from the nearest points of the baselines from which the breadth of the territorial sea is measured;

“continental shelf” means the continental shelf of Barbados as established in accordance with Article 76, United Nations Convention on the Law of the Sea (UNCLOS), 1982;

“CZMU”means the Coastal Zone Management Unit;

“derelict vessel” means a vessel whose condition or state of disrepair

constitutes a hazard or obstruction to the use of the waters of Barbados;

endangers human health and safety or environmental health and safety; or

presents a risk to property, or inhibits the use of public or private property;

“designated officer” means a person designated in writing by the Chief Fisheries Officer to perform a specific function under this Act;

“disaster risk management” means the systematic process of using administrative directives, organizations, and operational skills and capacities to implement

(a)

(b)

(c)

40

strategies, policies and improve coping capacities to lessen the adverse impacts of hazards and the possibility of disaster;

“ecosystem approach to fisheries” means an approach that balances diverse societal objectives by

taking into account the knowledge and uncertainties about biotic, abiotic and human components of ecosystems and their interactions; and

applying an integrated approach to fisheries within ecologically meaningful boundaries;

“endangered species” means any fish species that is at an extremely high risk of extinction in the near future;

“Exclusive Economic Zone” means the area beyond and adjacent to the territorial sea, up to a limit not exceeding 200 nautical miles, measured from the baselines from which the breadth of the territorial sea is measured;

“FAO” Food and Agriculture Organization of the United Nations;

“fish” means an aquatic animal, whether piscine or not and includes any shell- fish, turtle, mollusc, crustacean, coral, sponge, echinoderm, its young, eggs or part thereof;

“fish aggregating device” or “FAD” means any man-made or partly man-made floating or submerged device, whether anchored or not, used for aggregating fish and includes any natural floating object on which a device has been placed to facilitate its location;

“fisher” means a person who catches fish for a living or for recreation;

“fisherfolk” means any person who is associated with fishing or related activities and includes a fisher;

“fisheries management plan” means a plan for the protection, management and development of fishery;

(a)

(b)

41

“fishery” means

an organized effort to raise or harvest fish or other aquatic species; and

comprises the

people involved;

species or type of fish;

area of water or seabed;

method of fishing;

class of boats; and

purpose of the activities;

“fishing” means

searching for or taking fish;

attempting to search for or take fish;

engaging in any activity, which can reasonably be expected to result in locating or taking fish;

placing, recovering or searching for any fish aggregating device or associated electronic equipment, including radio beacons;

any operation at sea in support of or in preparation for any activity in relation to a fishing vessel described in paragraphs (a) to (d); or

any use of an aircraft which is related to any activity described in paragraphs (a) to (d), but does not include flights involving the health or safety of a crew member or the safety of the vessel in an emergency;

“fishing gear” means any equipment, implement or other device that can be used in the act of fishing or related activities and includes any net, rope, line, float, trap, hook, hookah gear, scuba gear, winch, boat, craft or aircraft carried onboard a vessel, or aircraft or vehicle used in association with the act of fishing;

(a)

(b)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(a)

(b)

(c)

(d)

(e)

(f)

42

“fishing industry notice” means a fishing industry notice published pursuant to section 439;

“fishing licence” means any licence issued under this Act;

“fishing related activities” mean

storing, trans-shipping, processing or transporting fish, fishery products or aquatic flora up to the time they are first landed;

on-shore storing, buying, or processing fish or fish products from the time they are first landed;

refueling or supplying fishing vessels, selling or supplying fishing equipment or performing other activities in support of fishing operations;

exporting fish or fish products from the country; and

attempting or preparing to do any of the activities listed in paragraphs (a) to (d);

“fishing vessel” means any vessel, boat, ship, or other craft that is equipped and used for fishing or in support of such activity and includes any vessel aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing preparation, supply, storage, refrigeration, transportation or processing;

“fishing vessel inspector” means a person appointed under the Public Service Act, Cap. 29;

“foreign fishing vessel” means any fishing vessel other than a fishing vessel registered in Barbados;

“foreign fishing vessel licence” means a licence issued in respect of a foreign fishing vessel to operate in Barbados waters;

“high seas” means the area of the sea as described by Article 86, United Nations Convention on the Law of the Sea, 1982;

(a)

(b)

(c)

(d)

(e)

43

“human element in fisheries” mean a complex multi-dimensional issue that affects maritime safety, security, marine environmental protection and maritime labour, involving the entire spectrum of human activities performed by sea-going and shorebased fish workers, shore-based fisheries management and regulatory fisheries bodies;

“IUU fishing” means illegal, unreported and unregulated fishing;

“ IMO” means International Maritime Organization;

“inspection” means the examination of a vessel to determine its compliance with the provisions of this Act and its fitness to endure the ordinary perils of the sea;

“internal waters” mean waters on the landward side of the baseline of the territorial sea;

“international conservation and management measure” means a measure to conserve or manage one or more species of living marine resources that is adopted and applied consistently with the relevant rules of international law;

“licence” means a licence issued under this Act;

“livelihood assets” mean

natural assets, that is to say, fisheries resources, ecosystem services and supporting ecosystems;

human assets, that is to say, skills, knowledge, health and the ability to work;

social assets, that is to say, relationships, networks and communities;

physical assets, that is to say, boats, gear equipment and infrastructure; and

financial assets, that is to say, income, saving, credit, debt and insurance;

(a)

(b)

(c)

(d)

(e)

44

“locally-based foreign fishing vessel” means any foreign-registered fishing vessel operating in Barbados, which lands all its fish-catch in Barbados;

“mariculture” means the seawater cultivation, propagation or farming of marine flora and fauna, including rearing of fish or other marine living resources lawfully taken from the wild or lawfully imported into Barbados, for the rearing of marine fish and invertebrates, in the marine environment;

“maritime law enforcement officer”

means a person who is responsible for

enforcing and monitoring maritime activities;

detecting, preventing and investigating offences;

maintaining and promoting public order and safety,

under this Act or any other enactment; and

includes fishery protection officers under this Act;

“master” means the person having command or charge of a fishing vessel but does not include a pilot onboard a vessel solely for the purpose of navigation;

“Minister” means the Minister responsible for Fisheries;

“monitor, control and surveillance” means the activities undertaken by the fishery enforcement system to ensure compliance with this Act and constitutes

monitoring, that is to say, the collection of data or information on the fisheries or management measures imposed on the fisheries and resource yields including catch, effort, species composition and area of operations;

control, that is to say, the regulatory conditions under which the exploitation of the resource or activities in the fisheries may be conducted, including legislation, regulations, policies and international agreements;

(a)

(i)

(ii)

(iii)

(b)

(a)

(b)

45

surveillance, that is to say observing, checking and supervising fishing activity to ensure compliance with the regulatory controls imposed on fishing activities;

“open vessel” means a vessel without a superstructure;

“over exploitation” means the harvesting of a fisheries resource above the optimal yield or effort level which is unsustainable in the long term and may result in significant depletion or collapse of the stock;

“precautionary approach” means a decision-making principle that acknowledges that where there is a threat of serious or irreversible environmental harm, lack of scientific certainty shall not be used as a reason to prevent or postpone action to mitigate the environmental harm;

“prescribed standards” means the minimum standards set in respect of

seaworthiness of fishing vessels, safety equipment and safety of the crew;

sanitary and phytosanitary conditions and fish handling practices; or

safe working conditions for fishers and fish workers;

“Principal Registrar” means the Principal Registrar of International Sea-going Fishing Vessels;

“prohibited fishing gear” means

any net, the mesh size of which is less than the prescribed minimum mesh size for that type of net, for that fishery;

any trap or other fishing gear which does not conform to any standard prescribed for that type of trap or other fishing gear for that fishery; or

any other net or fishing gear which is prohibited by any other enactment made under this Act or fisheries policies for a specified fishery;

“recreational fishing” means fishing for the purposes of recreation, pleasure, competition or personal consumption;

(c)

(a)

(b)

(c)

(a)

(b)

(c)

46

“regional fisheries management organization” or “RFMO” means an intergovernmental fisheries organization or arrangement, as appropriate, that has the competence to establish conservation and management measures, including measures concerning transshipment;

“SDRs” mean Special Drawing Rights and refers to the international reserve asset created by the International Monetary Fund to supplement the official reserves of its member countries, and which is used by that Fund and its member countries as a form of currency against which countries’ actual monetary currencies may be pegged;

“seaworthy” means that a fishing vessel

is in such condition to

travel safely on the sea; and

endure the ordinary perils of the sea; and

is safe in terms of

being manned by a skilled and competent crew; and

environmental performance, in that the vessel's condition does not pose harm to the marine environment;

“subsistence fishing” means non-commercial fishing or aquaculture for obtaining fish for personal consumption;

“support vessel” means a vessel carrying out operations in connection with and support of a fishing vessel including preparation, supply, storage, refrigeration, transportation or processing;

“sustainable utilization” means using at such a rate, that the fish population does not decline over time and is exploited in such a manner that the needs and requirements of the present are met without compromising the ability of future generations, to meet their need and requirements;

(a)

(i)

(ii)

(b)

(i)

(ii)

47

“sustainable use” includes

maintaining the potential of fisheries resources to meet the reasonably foreseeable needs of a future generation;

avoiding, remedying or mitigating any adverse effects of fishing on the aquatic environment; or

conserving, using, enhancing and developing fisheries resources to provide continuous social, economic and cultural wellbeing for the people of Barbados;

“territorial sea” means Barbados waters up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with the United Nations Convention on the Law of the Sea (UNCLOS), 1982;

“test-fishing operations” mean any fishing operations, undertaken over a limited period of time with the approval of

the Chief Fisheries Officer, in case of local entities; and

the Minister, in case of foreign entities,

under the authority of a licence issued under this Act, for the purpose of testing the feasibility of commercial fishing operations with a view to the establishment of locally based fishery operations;

“VMS” means vessel monitoring system.

Application

This Act applies to all aspects of fisheries, aquaculture and mariculture including

activities engaged in by Barbados-registered fishing vessels within and beyond Barbados waters;

activities engaged in by foreign-registered fishing vessels in Barbados waters;

(a)

(b)

(c)

(a)

(b)

3.

(a)

(b)

48

fisheries resources, fishing and related activities, utilization of fish and genetic material derived from them and any other matter falling within the scope of this Act; and

persons, vessels, vehicles, aircraft, processing plants or facilities, export or import facilities or other craft or place engaged in or otherwise connected with any activity falling within the scope of this Act.

Act binds the State

This Act binds the State.

PART II

ADMINISTRATION

Responsibilities of Minister

The Minister shall be responsible for the administration of this Act.

Functions of Minister

The Minister may

give direction and guidance on matters within the scope of this Act after consultation with the Chief Fisheries Officer;

publish in the Official Gazette approved fisheries policies and fisheries management measures;

approve fisheries, aquaculture and mariculture work plans, budgets and annual reports;

make regulations for the management and development of fisheries in the waters of Barbados;

prescribe fees to be paid by fisherfolk for services provided for their benefit by Government;

(c)

(d)

4.

5.

6.

(a)

(b)

(c)

(d)

(e)

49

consult with the Chief Fisheries Officer, other authorities or stakeholders on matters relating to fisheries; and

where necessary, represent Barbados at regional and international fisheries fora.

Functions of the Chief Fisheries Officer

The Chief Fisheries Officer shall

manage, conserve and develop fisheries including public fish markets, boatyards, fish-landing facilities and seafood handling facilities;

safeguard fisheries and other marine living resources and their habitats;

provide advice to stakeholders in the fisheries, aquaculture and mariculture sectors;

optimize the economic and social benefits from exploitation of the fisheries resources, aquaculture and mariculture production;

facilitate the development of the international seagoing fishing sector;

advance the seafood and seafood product export sector, including the overall promotion of regional and international fisheries trade;

promote regional and international trade in seafood and seafood products; and

provide guidance on the management and development of the fisheries sector to the Minister.

(f)

(g)

7.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

50

PART III

FISHERIES ADVISORY COUNCIL

Establishment of Fisheries Advisory Council

There is established a council to be known as the Fisheries Advisory Council.

The Fisheries Advisory Council shall advise the Minister and make recommendations, at the request of the Minister, on matters relating to fisheries including

aquaculture conservation, management and development;

mariculture conservation, management and development;

effective use of livelihood assets; and

combating the vulnerabilities impacting the fisheries sector.

The First Schedule has effect with respect to the constitution of the Fisheries Advisory Council and otherwise in relation to the Council.

PART IV

FISHERIES MANAGEMENT AND DEVELOPMENT

Management objectives

Fisheries, aquaculture and mariculture resources and other livelihood assets shall be developed, managed and conserved in accordance with this Act.

8.(1)

(2)

(a)

(b)

(c)

(d)

(3)

9.(1)

51

Conservation and management measures and assets referred to in subsection (1)

shall be developed to the extent possible in consultation with stakeholders; and

may be implemented by enactments made under this Act or by any other method approved by the Minister.

Management plan

The Chief Fisheries Officer shall, in consultation with stakeholders, prepare, implement and keep under review a fisheries management plan, in this Act referred as a Sustainable Management and Development Plan for the effective management, development and sustainability of fisheries.

Content of management plan

The plan shall contain

a description of the fishery;

defined goals for the management and development of the fishery;

an assessment of the strengths, weaknesses, opportunities and threats to fishery;

specification of any measures for the long-term sustainability of livelihood assets;

a plan of action for rebuilding the fishery, where over-fished;

strategies for

developing and sustainably using the livelihood assets;

collecting accurate and reliable data and information;

involving stakeholders in monitoring, control and surveillance, evaluating, enforcement and decision making;

(2)

(a)

(b)

10.

11.

(a)

(b)

(c)

(d)

(e)

(f)

(i)

(ii)

(iii)

52

monitoring, control, surveillance and evaluating the impact of fishing activities and management measures on the fishery resource and its habitat;

combating IUU fishing and preventing overfishing, over capacity and ecosystem degradation;

safeguarding the fishery resource and associated ecosystems from negative impacts of vulnerabilities arising from climate change and natural disasters;

protecting the genetic resources to ensure the fair and equitable sharing of benefits arising from the utilization of these resources;

ensuring a safe and sustainable supply of seafood from the fishery;

such other strategies as may be necessary to provide for the proper management, development and sustainable use of the fishery resource and other livelihood assets;

implementing the management plan; and

research needs for the fishery and possible means of funding and conducting the research.

Submission of management plan

The Chief Fisheries Officer shall submit the draft management plan to the Minister for review, comment and further instructions.

Approval of management plan

The Minister may approve the draft management plan submitted under section 12 without modifications or subject to such modifications as the Minister considers necessary.

(iv)

(v)

(vi)

(vii)

(viii)

(ix)

(x)

(g)

12.

13.(1)

53

Where the Minister approves the draft management plan under subsection (1), the Minister shall by order publish the management plan in the Official Gazette.

Amendment to management plan

The Chief Fisheries Officer may at any time prepare and propose, for the approval of the Minister, draft amendments to the management plan.

Any amendments made to the management plan pursuant to subsection (1), shall be made in accordance with section 10 and section 13 and when approved and published under section 13, the management plan as amended shall constitute the fisheries management plan established under that section.

Review of management plan

At least once in every 5 years after the date on which the fisheries management plan first comes into effect under section 13(2), the Chief Fisheries Officer shall carry out a full review of the plan and submit to the Minister a report on the review together with proposals for any amendments which appear to him to be necessary.

Compliance with management plan

Subject to subsection (2), persons engaged in fishing and fisheries related activities shall comply with the management plan.

A person referred to in subsection (1) may deviate from the management plan where it is necessary for saving life or protecting the marine environment.

Withdrawal of the management plan

The Minister may withdraw the management plan, where he considers it appropriate to do so.

Where the Minister withdraws the management plan, he shall publish a notice of withdrawal in the Official Gazette, and the management plan ceases to have effect on the date of such publication.

(2)

14.(1)

(2)

15.

16.(1)

(2)

17.(1)

(2)

54

The Minister shall also take such further steps as he considers appropriate to ensure that the withdrawal of the Plan is brought to the attention of interested persons.

The Minister shall not withdraw an existing management plan unless a prospective one is prepared and ready for implementation.

In this section “interested persons” means person appearing to the Minister to be likely to be interested in, or affected by, the withdrawal of the Sustainable Management and Development Plan.

Protection of endangered species

No person shall hunt, capture, possess, trade in, intentionally kill, injure or harass any endangered species.

A person shall report to the Chief Fisheries Officer any accidental catches of species prohibited under subsection (1).

Any endangered aquatic species caught, either intentionally or unintentionally shall be released immediately and returned to the water from which it was taken with the least possible injury.

The Chief Fisheries Officer shall maintain lists of endangered species and threatened species.

A person who contravenes subsection (1), (2) or (3) is guilty of an offence and is liable on summary conviction to a fine of $500 000 or to imprisonment for 5 years or to both and may be ordered to

undergo a period of training in fisheries management and protection; or

make a financial contribution not exceeding $20 000 to species restoration.

(3)

(4)

(5)

18.(1)

(2)

(3)

(4)

(5)

(a)

(b)

55

Notification of fisheries agreements

The Minister shall give notice in the Official Gazette of any

international or regional fisheries agreement;

international conservation and management measure; and

norms and best practices

recognized or supported by Barbados.

PART V

DATA AND INFORMATION

Supply of data and information

A person who

engages in fishing or fishing related activities;

engages in overseas trade in fish and fish products; or

processes, cultures or sells fish or fish products,

shall supply to the Chief Fisheries Officer, data or information in respect of his activities in such manner and at such time as the Chief Fisheries Officer requires.

The data or information in respect of subsection (1) may include

any data or information relating to fishing, fisheries, aquaculture, landings, research, storage, food safety, processing, buying, selling, exports or imports of fish and other related activities; and

accounts, records, returns and documents.

The Chief Fisheries Officer may, for purposes of verification of accounts, records, documents, returns, data or information supplied under subsection (2),

19.

(a)

(b)

(c)

20.(1)

(a)

(b)

(c)

(2)

(a)

(b)

(3)

56

require from any person further information, clarification or explanation of that data and information.

A person who

refuses to supply any data or information or any record or document which that person has in his possession and which is required by the Chief Fisheries Officer; or

knowingly supplies false data, information, records or documents to the Chief Fisheries Officer,

is guilty of an offence and is liable on summary conviction to a fine of $10 000 or to imprisonment for 3 months or to both.

Confidentiality of data and information

The Minister may classify any data or information as confidential in the interest of national security.

Every person, having an official duty under this Act or being employed or otherwise connected with the administration of this Act shall, before assuming duty, subscribe to an oath to keep all information received secret and confidential.

Every person who had an official duty under this Act or was employed in the administration of this Act shall maintain, after such duty or employment is terminated, the confidentiality of all information or documents received during the course of that duty or employment.

Notwithstanding subsections (1), (2) and (3), confidential data or information shall be disclosed where

required by law enforcement agencies for the purpose of law enforcement, national security, surveillance, search and rescue and other emergencies;

the entity or person providing the data and information authorizes the disclosure;

(4)

(a)

(b)

21.(1)

(2)

(3)

(4)

(a)

(b)

57

necessary to advise the Minister on matters relating to national security.

The Minister may, in consultation with the Chief Fisheries Officer, declassify any data or information that is classified as confidential.

A person who contravenes subsection (2), (3) or (4) is guilty of an offence and liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

Fisheries sector census questionnaire

The Chief Fisheries Officer shall institute every 2 years a fisheries sector census which shall be conducted in accordance with the forms as set out in the Second Schedule.

PART VI

FISHING GEAR AND FISHING METHODS

Prohibited fishing gear and fishing methods

No person shall

use any prohibited fishing gear or fishing method; or

use, permit the use of or carry onboard for the purpose of fishing

any fish aggregating device unless authorized to do so;

any firearm, electric shock device, explosive, poison, or other noxious substance; or

any other object used for disabling or killing fish or rendering fish more easily caught.

No person shall have in his possession any explosive, electric shock device, poison or other noxious substance in circumstances indicating an intention of

(c)

(5)

(6)

22.

23.(1)

(a)

(b)

(i)

(ii)

(iii)

(2)

58

using such substance for any of the purposes of fishing or conducting fisheries related activities.

No person shall land, sell, receive, or have in his possession any fish caught by any of the means prohibited in subsections (1) and (2).

A person who contravenes subsection (1), (2) or (3) is guilty of an offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both and the vessel, fishing gear and catch may be forfeited.

The Minister shall, after consultation with the Chief Fisheries Officer, publish a list of all prohibited fishing gear and fishing methods in the Official Gazette.

Seizure of prohibited fishing gear

An authorized officer may seize without warrant any

fishing vessel or fishing gear which the authorized officer believes, on reasonable grounds, is being or has been used in the commission of an offence under section 23;

fish which the authorized officer believes, on reasonable grounds, are being or have been taken, killed, transported, bought, sold or found in possession of any person in contravention of section 23; or

any article, record, document, or thing which the authorized officer believes, on reasonable grounds, is evidence of the commission of an offence under section 23.

The authorized officer shall provide a written receipt in respect of anything seized under subsection (1) to the person from whom the items were seized.

A receipt issued under subsection (2), and a duplicate or copy thereof, shall be signed by the authorized officer and the person from whom the items were seized.

(3)

(4)

(5)

24.(1)

(a)

(b)

(c)

(2)

(3)

59

Certificate of the cause and manner of death or injury of fish

A certificate as to the cause and manner of death or injury of any fish shall be signed by a person qualified to pronounce on the cause of death of the fish.

For the purposes of subsection (1) the Chief Fisheries Officer shall set out in a fishing industry notice a list of persons qualified to pronounce on the cause of death of fish.

Prohibition of damage, destruction or interference with fishing gear

No person shall damage, destroy or interfere with any fishing gear that belongs to another person.

Where a vessel becomes entangled with fishing gear, the master shall undertake to minimize any damage caused by the gear and

where practicable return the gear to the sea and log the position; and

make a full report of the incident and steps taken by him to the Chief Fisheries Officer within 21 days of the incident.

Where the gear referred to in subsection (2) is so damaged that it is incapable of fishing effectively and may ghost fish if left at sea, the master shall return the gear to shore and notify the Chief Fisheries Officer and the owner of the gear if the owner is known.

Where any person has been injured or harmed in any way by the gear referred to in this section or fallen over board, the Master shall immediately:

rescue such person from the sea;

administer first aid or treatment for which he is trained to perform; and

seek further medical treatment.

Where a person dies at sea, the body shall be transported directly to port and a full report of the incident made to the police.

25.(1)

(2)

26.(1)

(2)

(a)

(b)

(3)

(4)

(a)

(b)

(c)

(5)

60

A person who contravenes this section is guilty of an offence and liable on conviction on indictment to a fine of $200 000 or to imprisonment for 3 years or to both.

Stowage of gear

The fishing gear of any

foreign fishing vessel not authorized to fish in the waters of Barbados; or

Barbados registered fishing vessel not authorized to fish in a particular area with a particular gear,

shall be stowed in the manner prescribed under the Act or any other enactment.

Any fishing gear onboard a fishing vessel in the waters of Barbados that is not stowed in the prescribed manner is deemed to be intended to be used for fishing.

Where a fishing vessel is licensed to fish by means of a particular type of fishing gear in any specified area of the waters of Barbados, any other fishing gear onboard the vessel shall be stowed in the prescribed manner while the vessel is within that fishing area or within any other area of the waters of Barbados where it is not licensed to fish.

The master, owner or charterer of a fishing vessel that has fish onboard:

prior to entering the fishing area for which a licence is granted; or

prior to the vessel leaving an area in which the vessel has permission to operate,

shall notify the Chief Fisheries Officer of the amounts, species, area where caught and preservation of fish onboard the vessel.

A person who contravenes this section is guilty of an offence and is liable on conviction on indictment to a fine of $200 000 or imprisonment for 3 years or to both.

(6)

27.(1)

(a)

(b)

(2)

(3)

(4)

(a)

(b)

(5)

61

PART VII

MARINE ENVIRONMENTAL PROTECTION FROM FISHERIES ACTIVITIES

Prohibition on polluting fishing area

No person shall introduce into any fishing area any deleterious matter or noxious substance that is harmful to fish or the marine environment or that may adversely affect the habitat or health of fish.

Where the owner or master of a fishing vessel

accidentally introduces any matter or substance referred to in subsection (1) into fishing waters; or

encounters such matter or substance in fishing waters,

the owner or master of the vessel shall immediately report the incident to the Chief Fisheries Officer and give him the information set out in subsection (3).

The information referred to in subsection (2) is

the name, registration number and call sign, if any, of the vessel from which the matter or substance was introduced or encountered;

the nature of the matter disposed or substance introduced or encountered;

the location of the matter or substance; and

the time and date of the incident.

Design of fishing vessels and pollution prevention equipment

All fishing vessels shall, to the extent practicable,

comply with MARPOL 73/78, as amended, including the design and pollution prevention equipment provisions; and

28.(1)

(2)

(a)

(b)

(3)

(a)

(b)

(c)

(d)

29.(1)

(a)

62

be operated in compliance with MARPOL 73/78, as amended.

Subsection (1) does not apply to fishing vessels constructed before the commencement of this Act.

Discharge of pollutants

No person shall discharge from a fishing vessel any oil, plastics, synthetic ropes or synthetic fishing nets or other pollutant or harmful substance into Barbados waters.

A person who contravenes subsection (1) is guilty of an offence and is liable on conviction on indictment to a fine of $500 000 or to imprisonment for 5 years or to both and shall be liable to pay the cost for the cleanup operation.

This section does not apply to a discharge

that was necessary for the purpose of securing the safety of a fishing vessel or saving life at sea;

resulting from damage to a vessel or its equipment where all reasonable precautions were taken after the occurrence of the damage or discovery of the discharge in order to prevent or minimize the discharge; and

for purposes of

legitimate scientific research into pollution abatement or control; or

combating specific pollution incidents in order to minimize the damage from pollution, as permitted by the Chief Fisheries Officer in accordance with section 35.

Subsection (3) shall not apply if the owner or master acted with intent to cause damage or was reckless as to whether damage would be caused.

(b)

(2)

30.(1)

(2)

(3)

(a)

(b)

(c)

(i)

(ii)

(4)

63

Discharge of ballast water

No owner or master of a fishing vessel shall discharge ballast water containing non-indigenous harmful aquatic organisms or pathogens from a fishing vessel into Barbados waters.

The owner or master who contravenes subsection (1) is guilty of an offence and liable on conviction on indictment to a fine of $500 000 or to imprisonment for 5 years or to both.

The owner or master of a fishing vessel who discharges ballast water in Barbados waters shall comply with any voluntary or mandatory ballast water management requirements issued by the IMO in force at the time of the discharge.

The master of a fishing vessel who intends to discharge ballast water in Barbados waters shall, prior to doing so, submit a written request to the Coastal Zone Management Unit.

It is a defence for a person charged with an offence under this section to show that all reasonable measures to comply with any voluntary or mandatory ballast water management requirements issued by the International Maritime Organization in force at the time were taken to ensure that no ballast water containing non-indigenous harmful aquatic organisms or pathogens were discharged from the fishing vessel into Barbados waters.

Hull scraping and cleaning

No person shall scrape or clean the hull or any other external surfaces of fishing vessels in a manner that may result in the introduction of non- indigenous harmful aquatic organisms or pathogens into Barbados waters.

A person who contravenes this section is guilty of an offence and is liable on summary conviction to a fine of $150 000 or to imprisonment for 2 years or to both.

31.(1)

(2)

(3)

(4)

(5)

32.(1)

(2)

64

Anti-fouling paints

No one shall use or apply anti-fouling paints or systems which contain organotin compounds on fishing vessels over 24 metres in length in Barbados waters.

The owner or master, referred to in subsection (1) and any other person who uses or applies anti-fouling paints or systems containing organotin compound in Barbados is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

Vessel repair facilities

No person shall discharge, dispose or cause to escape any

hull scrapings;

paints or paint residues;

abrasive blasting mediums;

harmful matter or substances;

effluent containing pollutants; or

any other pollutants,

into Barbados waters from vessel repair facilities.

The owner or operator of a vessel repair facility shall have in place systems for the effective containment and recovery of all

hull scrapings;

paints or paint residues;

abrasive blasting mediums;

harmful matter or substances;

effluent containing pollutants;

33.(1)

(2)

34.(1)

(a)

(b)

(c)

(d)

(e)

(f)

(2)

(a)

(b)

(c)

(d)

(e)

65

any other pollutants;

recycling;

treatment; or

disposal,

in Government-approved waste management facilities on-shore.

The owner or operator of a vessel repair facility who contravenes this section is guilty of an offence and is liable on summary conviction to a fine of $100 000 or for imprisonment of 12 months or to both.

Discharge permits

A person who wishes to discharge into Barbados waters, a pollutant or harmful substance

for the purpose of legitimate scientific research; or

to combat a specific pollutant that was discharged,

shall apply in writing to the Environmental Protection Department for a discharge permit.

A person who applies for a discharge permit shall provide the following information in writing to the Environmental Protection Department:

the name and full contact details of the person responsible for the proposed discharge;

the reasons for the proposed discharge;

the likely benefits of the proposed discharge;

the location of the proposed discharge;

the nature of the pollutant or harmful substance proposed to be discharged including

the correct technical name;

(f)

(g)

(h)

(i)

(3)

35.(1)

(a)

(b)

(2)

(a)

(b)

(c)

(d)

(e)

(i)

66

the International Maritime Dangerous Goods Code;

the United Nations number;

the chemical composition;

the physical and chemical properties; and

the biological toxicity.

the quantity or volume of pollutant or harmful substance proposed to be discharged;

the proposed method of discharge;

the details of the measures to be used to control, mitigate and monitor the environment at the impact of the discharge; and

documentary evidence of financial ability to meet the total cost of any clean-up operation necessary to restore the environment to its original condition.

The Environmental Protection Department shall, when assessing an application for a Discharge Permit, take the following into consideration

the protection of human life, health and safety;

the environmental impact likely to occur from the proposed discharge vis-a-vis the environmental impact likely to occur if the proposed discharge is not permitted; and

any other relevant consideration.

The Environmental Protection Department may, when issuing a discharge permit impose such conditions as it deems fit, including a requirement for the permit holder to pay the total costs of any clean-up operation necessary to restore the environment to its original condition.

The holder of a discharge permit who fails to comply with the conditions set out in the permit is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

(ii)

(iii)

(iv)

(v)

(vi)

(f)

(g)

(h)

(i)

(2)

(a)

(b)

(c)

(3)

(4)

67

Fish waste reception facilities

The Minister may

regulate the provision of fish waste reception facilities at Barbados ports to enable fishing vessels to discharge waste generated from their operations, consistent with national laws on waste reception facilities for fishing vessels or any other applicable waste handing standards for the fishing industry; and

withhold the provision of fish waste reception facilities where the waste may cause environmental damage.

The Minister shall provide fish waste reception facilities that are adequate to meet the needs of fishing vessels without causing undue delay.

The cost of providing and operating fish waste reception facilities, may be covered by

a general port charge; or

any means as specified in any other enactment.

Nothing in this section shall be construed as allowing pollutants to be discharged into any fish waste reception facilities.

Duty to report discharges

The owner, master or person in charge of a vessel from which any pollutant or harmful substance is discharged into Barbados waters shall immediately and by the quickest available means report the occurrence to the

Chief Fisheries Officer; and

Environmental Protection Department.

The report mentioned in subsection (1) shall contain the following information

the time of the discharge;

36.(1)

(a)

(b)

(2)

(3)

(a)

(b)

(4)

37.(1)

(a)

(b)

(2)

(a)

68

position of the discharge, including latitude and longitude, if possible;

the event to which the discharge is directly attributable;

the precise source of the discharge;

the weather and sea conditions at the time of the discharge and at the time when the report was made;

where oil has been discharged, the quantity and description of each type of oil that was discharged;

the quantity and description of each type of oil remaining onboard;

where a pollutant other than oil has been discharged, the quantity and description of each type of pollutant discharged including their correct technical names, International Maritime Dangerous Goods Code Classification and United Nations number, if applicable;

the quantity and description of each type of pollutant other than oil remaining onboard;

where garbage or sewage has been discharged, the quantity, description and concentration that was discharged;

the types, quantity and condition of the rest of the cargo carried;

the existence of any slick and the direction and speed of its movement; and

the measures that have been taken to

stop or reduce the discharge;

contain the pollutant and prevent it's spread;

remove the pollutant from the sea or to disperse it; and

minimize damage or the possibility of damage resulting from the discharge;

the identity and full contact details of the person making the report.

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(i)

(ii)

(iii)

(iv)

(n)

69

If any vessel becomes stranded, wrecked or is abandoned in Barbados waters or if a Barbados vessel becomes stranded, wrecked or is abandoned in any waters, then the owner or master or person in charge shall immediately and by the quickest available means report the occurrence to the Chief Fisheries Officer, giving

full details of the vessel and damage sustained;

the types, quantity and condition of the cargo carried;

a complete list of all pollutants carried, including the types, quantity and condition;

the details required in subsection (2), if a discharge has occurred; and

the identity and full contact details of the person making the report.

Every person who

fails to reasonably comply with this section; or

makes a report containing any information that to his knowledge is false or misleading,

is guilty of an offence and is liable on summary conviction to a fine of $10 000 or to imprisonment for 3 months or to both.

Environmental related inspections

Fishery protection officers or any other authorized officer specified under section 365 shall report to the Chief Fisheries Officer

whether the marine environmental protection provisions of the Act have been complied with;

what measures were taken to prevent the discharge of pollutants;

whether fish waste reception facilities are adequate to meet the needs of fishing vessels using the facilities without causing undue delay.

(3)

(a)

(b)

(c)

(d)

(e)

(4)

(a)

(b)

38.(1)

(a)

(b)

(c)

70

Every fishery protection officer or authorized officer specified in section 365 may

inspect any fishing vessel and any apparatus used for the storage, transfer or processing of pollutants, as the case may be;

test any equipment with which the fishing vessel is required to be fitted in accordance with any International Maritime Convention to which Barbados is party and any requirement of this Act;

require the production of any records required to be kept and shall have the power to copy records and require the person by whom the records are to be kept to certify the copy as a true copy;

board the fishing vessel to ascertain the circumstances relating to an alleged discharge of a pollutant from the vessel into Barbados waters or from a Barbados registered fishing vessel into any waters; and

board the vessel and take, or require to be taken, soundings of tanks, spaces, and bilges, and any sample or samples of any pollutant from the vessel for analysis.

A person exercising any powers conferred by this part shall not unnecessarily detain or delay the fishing vessel from proceeding on any voyage.

Every person who

fails to reasonably comply with any requirement of this section; or

obstructs a person acting in the exercise of any power conferred by this section,

is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

Regulating translocation of live fish

No person shall introduce any species of live fish in any fishing area without approval in writing by the Chief Fisheries Officer.

(2)

(a)

(b)

(c)

(d)

(e)

(3)

(4)

(a)

(b)

39.(1)

71

A person who wishes to introduce any species of live fish in any fishing area, shall apply, in writing, to the Chief Fisheries Officer, stating the following:

the reasons for the introduction of the species;

the likely impact for the introduced species on the habitat and existing species;

the program for monitoring and evaluating the impact of the introduced species; and

any other information which the Chief Fisheries Officer may require.

The Chief Fisheries Officer shall in considering the application, take into account the fact that reintroducing the same species grown elsewhere can also introduce pathogenes.

The Chief Fisheries Officer shall give reasons for his decision and where the application is approved, set out the conditions subject to which the approval was granted.

A person who contravenes this section is guilty of an offence and is liable

on conviction on indictment to a fine of $500 000 or to imprisonment for 5 years or to both; or

for the payment of compensation for loss or damage to the habitat and the cost of restoring the habitat or fishery resource.

Coral reef damage

A person who damages any coral reef as a result of diving operations, vessel operations or any other marine activity is liable to have the relevant licence, certificate or permit, as the case may be, suspended or revoked.

Subject to any other enactment, the court may order any of the following:

that the offender participate in restoration efforts to the coral reefs and the surrounding area;

(2)

(a)

(b)

(c)

(d)

(3)

(4)

(5)

(a)

(b)

40.(1)

(2)

(a)

72

that the offender promote public awareness and education on the importance of protecting coral reefs; or

any other form of community service relating to coral reefs or the marine environment.

PART VIII

CONTROL OF POLLUTION BY FISHING GEAR

International requirements to be complied with

The Chief Fisheries Officer shall put measures in place to ensure compliance with the following international requirements regarding fishing gear pollution regulation:

prevent, reduce and control pollution of the marine environment by fishing gear, in accordance with the United Nations Convention on the Law of the Sea (UNCLOS), 1982;

ensure the environmentally sound management of fishing gear delivered to ports, in accordance with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal;

prohibit the discharge of synthetic rope and fishing nets, in accordance with MARPOL, Annex V and the IMO Action Plan to Address Marine Plastic Litter from Ships; and

ensure compliance with the FAO Code of Conduct for Responsible Fisheries, as well as encourage adherence to the FAO Voluntary Guidelines for the Marking of Fishing Gear, and strengthen efforts to reduce abandoned, lost or otherwise discarded fishing gear through enhancing enforcement of IUU fishing under the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing.

(b)

(c)

41.

(a)

(b)

(c)

(d)

73

Fishing gear pollution preventive measures

The Chief Fisheries Officer shall impose the following preventive measures to combat fishing gear pollution including

marking and logging of fishing gear;

establishing extended producer responsibility schemes for fishing gear;

training and capacity building of fishers to prevent accidental fishing gear losses, reduction of soak-times, best stowage practices, gear-use limits in high-risk areas and during high-risk times;

requiring fishing vessels to have equipment onboard to attempt immediate retrieval of any lost fishing gear;

requiring certain types of fishing gear to be equipped with buoys and trackers to enable their location and recovery;

bringing fishing gear into the circular economy through development of national standards on the circular design of fishing gear;

partnering with seaports to develop cost-effective frameworks at seaports which promote responsible onboard behaviour and removes incentives to dump fishing gear at sea, including allowing fishing vessels to deliver their gear for free, or for a fixed fee depending on vessel type;

introducing, in consultation with relevant stakeholders, mechanisms to reduce fees for fishing vessels that systematically engage in waste minimization, or that otherwise participate in fish waste programmes;

designing certification and eco-labeling schemes to recognize responsible fishing, including benchmarking and guidance recognizing preventative measures and strategies, with criteria on preventing, reducing and controlling pollution by abandoned, lost or otherwise discarded fishing gear;

42.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

74

promoting fiscal initiatives including buy back or deposit refund schemes that incentivize fishers to return derelict fishing gear and retrieve lost gear, as well as subsidies or tax breaks to install collection, cleaning and recycling systems at fisheries sites, and financial support for greater utilization of fishing gear made from environmentally sustainable materials;

engaging the corporate community in scaling up business models for collection, reuse, repair and recycling of fishing gear, including certification and sourcing policies and requirements for insurers and investors to include guidance on abandoned, lost or otherwise discarded fishing gear prevention, reduction and control; and

employing any other measures to prevent fishing gear pollution.

Fishing gear pollution mitigative and remedial measures

The Chief Fisheries Officer shall employ the following mitigative and remedial measures to combat fishing gear pollution:

development and maintenance of an effective system for lost gear reporting;

development of fishing for litter initiatives;

coordinating regular abandoned, lost or otherwise discarded fishing gear hot spot clean ups; and

employing any other measures to mitigate and remedy fishing gear pollution.

(j)

(k)

(l)

43.

(a)

(b)

(c)

(d)

75

PART IX

COLLABORATION

Collaboration with development partners

The Chief Fisheries Officer shall, with the approval of the Minister, collaborate with local stakeholders and regional and international development partners to

build capacity among stakeholders;

effectively manage and sustainably use shared fisheries resources;

protect the health of the ecosystem;

build networks and strategic partnerships;

mitigate and build resilience to the impact of hazards; and

determine any other activities that may provide opportunities and benefits for those involved in fisheries.

Prohibition on the taking of fish or fish products contrary to law

No person shall cause or permit another person to use or permit a vessel to engage in fishing or related activity to take, import, export, transship, land, transport, sell, receive, acquire or buy any fish or fish product in violation of

any law of another State; or

any regional or international conservation and management measure implemented pursuant to this Act, or any other enactment.

This section does not apply to fish taken on the high seas contrary to the law of another State where Barbados does not recognize the jurisdiction of that State over those fish or areas where the marine boundaries are disputed or not clear.

44.

(a)

(b)

(c)

(d)

(e)

(f)

45.(1)

(a)

(b)

(2)

76

A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both and in addition may be ordered to participate in a fisheries management and protection programme, initiative or activity.

PART X

OBSERVERS

Fisheries observer

The Chief Fisheries Officer shall plan and manage an observer programme for the purposes of collecting and reporting reliable and accurate information for scientific, management and compliance purposes, including

the species, quantity, size, age, and condition of fish taken or processed;

the methods by which, the areas in which, and the depths at which, fish are taken;

the effects of fishing methods on fish and the environment;

all aspects of the operation of any vessel;

processing, transportation, transshipment, storage, or disposal of any fish;

monitoring the implementation of local and agreed and applicable international fisheries conservation and management measures; and

any other matter that may assist the Chief Fisheries Officer to obtain, analyze, or verify information for fisheries scientific, management, and compliance purposes.

Pursuant to subsection (1), the Chief Fisheries Officer may, in writing, designate a person to be an observer for the purposes of the observer programme, on a fishing vessel, at an aquaculture or mariculture facility or any other facility

(3)

46.(1)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(2)

77

related to fisheries, aquaculture or mariculture that has been granted a licence, authorization or permit under this Act.

An observer shall on request, identify himself and produce evidence that he is an observer and, the production by an observer, of any identification document issued to him, shall, until the contrary is proved, be sufficient authority for the observer to do anything which he is authorized to do under this Act.

Duties of owner of the vessel or facility in which a fisheries observer is placed

The owner, master and crew of a fishing vessel or owner, operator and staff of fisheries, aquaculture or mariculture facility, or licence holder in respect of any vessel or facility on which a fisheries observer is placed shall

permit and assist an observer to board and remain onboard the fishing vessel, board, enter or inspect, as the case may require, an aquaculture or mariculture facility and remain therein for the purposes of carrying out his functions in accordance with this Act;

grant to the observer full access to a fishing vessel, aquaculture or mariculture facility and the use of any equipment therein which the observer considers necessary to carry out his functions, including where applicable, access to

any fishing, aquaculture or mariculture gear;

documents and logbooks for the purposes of recording, inspecting and making copies; and

any other thing which the observer considers necessary;

permit an observer to

take or remove from the fishing vessel, aquaculture or mariculture facility samples and information relevant to fishing, aquaculture, mariculture and any related activity;

(3)

47.(1)

(a)

(b)

(i)

(ii)

(iii)

(c)

(i)

78

take photographs or make audio or video recordings of any operations in relation to a fishing vessel, aquaculture or mariculture facility;

carry out all of his duties safely;

in the case of a fishing vessel, embark and disembark at such time and place as may be determined by the Chief Fisheries Officer or, where the fishing vessel is a foreign fishing vessel, in accordance with the applicable access agreement;

in the case of an aquaculture or mariculture facility, enter and exit at such time as may be reasonably determined by the Chief Fisheries Officer.

Pursuant to subsection (1), the Chief Fisheries Officer may in writing, designate a person to be an observer on a fishing vessel for the purposes of the observer programme at an aquaculture or mariculture facility or any other facility related to fisheries or aquaculture or mariculture that has been granted a licence, authorization or permit under this Act.

The owner or operator of a fishing vessel, or an aquaculture or mariculture facility shall provide to an observer such food, accommodation and medical facilities equivalent to that accorded to a member of the crew onboard the fishing vessel or person employed at the commercial aquaculture or mariculture facility.

The owner of the fishing vessel, aquaculture or mariculture facility shall, where applicable, pay in relation to the observer, insurance coverage and such other reasonable costs and expenses as may be determined by the Chief Fisheries Officer.

Confidentiality of the data and information collected by the fisheries observers

Any data or information collected on the vessel or at the facility shall be deemed confidential and shall be treated in accordance with data protection provisions of this Act and any other enactment relating to data protection.

(ii)

(iii)

(iv)

(v)

(2)

(3)

(4)

48.(1)

79

No person shall

assault, obstruct, resist, impede, refuse, intimidate or interfere with a fisheries observer in the performance of his duties;

fail to take reasonable measures to ensure the safety of, or otherwise interfere with a fisheries observer in the performance of his duties;

use threatening or abusive language, threatening or insulting behaviour or gestures towards

any fisheries observer while performing his duties; or

any other person acting lawfully under the orders of a fisheries observer;

fail to comply with the instructions of any fisheries observer;

give false or misleading information to a fisheries observer;

impersonate a fisheries observer;

falsely represent himself as acting under the orders of a fisheries observer; or

bribe a fisheries observer.

Conditions for observers

The operator and licence holder in respect of any vessel on which a fisheries observer is placed shall, in addition to other duties or requirements imposed upon him under the Act,

provide free onboard access at all times to food, safe accommodation, medical supplies and facilities and amenities equivalent to that accorded to other members of the crew onboard or other standard approved in writing by the Chief Fisheries Officer; and

provide a safe work area and free access to the catch to enable the measurement of fish and collection of samples.

(2)

(a)

(b)

(c)

(i)

(ii)

(d)

(e)

(f)

(g)

(h)

49.

(a)

(b)

80

Notice of intention to place fisheries observers

The Chief Fisheries Officer shall, before placing a fisheries observer on a fishing vessel or at a fisheries facility, notify the owner, master or agent of the

intention to place the fisheries observer onboard or at the facility; and

period for which the fisheries observer shall be onboard or at the facility.

The owner, master or agent referred to in subsection (1) is prohibited from

causing or allowing the vessel to which the notice relates to put to sea without taking onboard the fisheries observer at the time and place specified in the notice of intention; or

refusing to take the fisheries observer onboard or refusing to allow the observer to enter the facility.

An owner, master or agent who contravenes this section is guilty of an offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

PART XI

FISHING VESSEL SURVEYS AND CERTIFICATION

Fishing Vessel Surveys

Surveys of fishing vessels

Subject to any other enactment relating to the surveying of ships, a Barbados registered commercial fishing vessel is subject to inspections and surveys pursuant to subsections (2) and (3).

50.(1)

(a)

(b)

(2)

(a)

(b)

(3)

51.(1)

81

The inspections referred to in subsection (1) shall be conducted in dry dock twice in a 5 year period with an interval not exceeding 36 months.

The surveys referred to in subsection (1) are

the fishing vessel initial survey completed before the fishing vessel is put into service;

the fishing vessel renewal surveys completed before 5 years expires and before the granting of the following certificates:

the Certificate of Seaworthiness;

the Work-in-Fishing Compliance Certificate; and

the Fishing Vessel Energy Efficiency Certificate.

Subsection 3(b)(iii) applies only to fishing vessels on which energy efficient systems are installed.

Certificate of Seaworthiness

Certificate of seaworthiness: initial fishing vessel surveys

No fishing vessel shall be put into service unless a certificate of seaworthiness is issued in respect of that vessel.

A certificate of seaworthiness may be issued in respect of a fishing vessel where

an initial survey has been carried out; and

at the date of the initial survey, the surveyor is satisfied that the fittings, equipment and arrangement of the fishing vessel are seaworthy.

Certificate of seaworthiness: renewal fishing vessel surveys

Subject to subsection (2), no fishing vessel shall

proceed to sea; or

(2)

(3)

(a)

(b)

(i)

(ii)

(iii)

(4)

52.(1)

(2)

(a)

(b)

53.(1)

(a)

82

remain at sea,

after the date of expiry of a certificate of seaworthiness.

A certificate of seaworthiness may be renewed where

a fishing vessel renewal survey has been carried out; and

at the date of the renewal survey, the surveyor is satisfied that the fittings, equipment and arrangement of the fishing vessel are seaworthy.

A fishing vessel renewal survey shall be carried out every 5 years except where

the renewal survey is completed

within 3 months before the expiry date of the existing Certificate of Seaworthiness; or

after the expiry date of the existing Certificate of Seaworthiness,

and the new Certificate of Seaworthiness shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of the expiry of the existing Certificate of Seaworthiness;

the renewal survey is completed more than 3 months before the expiry date of the existing Certificate of Seaworthiness and the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of completion of the renewal survey; and

at the expiry date of the Certificate of Seaworthiness, the fishing vessel is not in a place where it can be surveyed, the period of validity of the Certificate of Seaworthiness may be extended but the extension shall be granted only

for the purpose of allowing the fishing vessel to complete her voyage to the port in which she is to be surveyed; or

(b)

(2)

(a)

(b)

(3)

(a)

(i)

(ii)

(b)

(c)

(i)

83

in cases where it is reasonable to do so.

Where subsection 3(c) applies, the period of validity of the Certificate of Seaworthiness may be extended by the period of time the vessel takes to arrive at the surveying port but no later than a period of 3 months from the date of the extension.

On completion of the survey referred to in subsection (3)(c), a new certificate of seaworthiness shall be issued and shall be valid from the expiry date of the existing Certificate of Seaworthiness, before the extension, for a period of 5 years.

Notwithstanding subsections (3) and (4),

the Chief Fisheries Officer may extend a certificate of seaworthiness from the date of expiry of the existing Certificate of Seaworthiness for one month for a short voyage so that a renewal survey can be completed; and

where the fishing vessel renewal survey is completed the new Certificate of Seaworthiness shall be valid from the date of expiry of the existing certificate, before the extension was granted, for a period of 5 years.

The Chief Fisheries Officer may, in special circumstances, grant the renewal of the Certificate of Seaworthiness from the date of the completion of the renewal survey for a period of 5 years.

Annual fishing vessel surveys

No fishing vessel shall

proceed to sea; or

remain at sea,

unless an annual fishing vessel survey has been completed in respect of that vessel and a valid certificate of seaworthiness has been issued.

(ii)

(4)

(5)

(6)

(a)

(b)

(7)

54.(1)

(a)

(b)

84

A certificate of seaworthiness may be issued where

a survey has been carried out in respect of the fishing vessel;

at the date of the annual survey, the surveyor is satisfied that the fittings, equipment and arrangements of the fishing vessel are in such condition as to support a positive verification that the vessel is seaworthy in relation to her safety and environmental performance; and

in consequence, the Certificate of Seaworthiness has been endorsed to this effect and is still valid.

Work-in-Fishing Compliance Certificate

Work-in-fishing compliance certificate: initial fishing vessel surveys

No fishing vessel shall be put into service unless a work-in-fishing compliance certificate is issued in respect of that vessel.

A work-in-fishing compliance certificate may be issued where

the initial survey has been completed; and

the surveyor is satisfied that the fishing vessel is compliant with all relevant regulations and fisheries specific maritime labour standards.

Work-in-fishing compliance certificate: renewal fishing vessel surveys

Subject to subsection (2), no Barbados registered fishing vessel shall

proceed to sea; or

remain at sea,

after the date of expiry of a work-in-fishing compliance certificate.

A work-in-fishing compliance certificate may be renewed where

a fishing vessel renewal survey was completed; and

(2)

(a)

(b)

(c)

55.(1)

(2)

(a)

(b)

56.(1)

(a)

(b)

(2)

(a)

85

the surveyor is satisfied that the fishing vessel is compliant with all relevant regulations and fisheries specific maritime labour standards.

A Barbados registered fishing vessel renewal survey shall be carried out every 5 years except where

the renewal survey is completed

within 3 months before the expiry date of the existing Work-in- Fishing Compliance Certificate ; or

after the expiry date of the existing Work-in-Fishing Compliance Certificate,

and the new Work-in-Fishing Compliance Certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of the expiry of the existing Certificate of Seaworthiness;

the renewal survey is completed more than 3 months before the expiry date of the existing Work-in-Fishing Compliance Certificate and the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of completion of the renewal survey; and

at the expiry date of the Work-in-Fishing Compliance Certificate, the fishing vessel is not in a place where it can be surveyed, the period of validity of the Work-in-Fishing Compliance Certificate may be extended but the extension shall be granted only

for the purpose of allowing the fishing vessel to complete her voyage to the port in which she is to be surveyed; or

in cases where it is reasonable to do so.

Where subsection 3(c) applies, the period of validity of the Work-in- Fishing Compliance Certificate may be extended by the period of time the vessel takes to arrive at the surveying port but no later than a period of 3 months from the date of the extension.

(b)

(3)

(a)

(i)

(ii)

(b)

(c)

(i)

(ii)

(4)

86

On completion of the survey referred to in subsection (3)(c), a new work- in-fishing compliance certificate shall be issued and be valid from the expiry date of the existing Work-in-Fishing Compliance Certificate, before the extension, for a period of 5 years.

Notwithstanding subsections (3) and (4),

the Chief Fisheries Officer may extend a work-in-fishing compliance certificate from the date of expiry of the existing Work-in-Fishing Compliance Certificate for one month for a short voyage so that a renewal survey can be completed; and

where the fishing vessel renewal survey is completed the new Work- in-Fishing Compliance Certificate shall be valid from the date of expiry of the existing certificate, before the extension was granted, for a period of 5 years.

The Chief Fisheries Officer may, in special circumstances, grant the renewal of the Work-in-Fishing Compliance Certificate from the date of the completion of the renewal survey for a period of 5 years.

Requirement for certificates: annual fishing vessel surveys

No Barbados registered commercial fishing vessel shall

proceed to sea; or

if she is already at sea remain at sea,

unless an annual fishing vessel survey has been completed in respect of that vessel, a valid work-in-fishing compliance certificate has been issued and the requirements set out in subsection (2) are met.

The requirements are that

a survey has been carried out in respect of the fishing vessel;

at the date of the annual survey, the surveyor is satisfied that the fishing vessel is compliant to the extent practicable with the Work-in-Fishing

(5)

(6)

(a)

(b)

(7)

57.(1)

(a)

(b)

(2)

(a)

(b)

87

Convention Regulations and general fisheries specific maritime labour standards; and

in consequence, the Work-in-Fishing Compliance Certificate has been endorsed to this effect and is still valid.

Fishing Vessel Energy Efficiency Certificate

Requirement for certificates: initial fishing vessel surveys

Every Barbados registered commercial fishing vessel on which energy efficient systems are installed shall maintain such systems to ensure continued energy efficient performance of the vessel, before

being put into service; and

if she is already in service being allowed to continue in service,

on or at any time after the date applicable to that fishing vessel and the requirements outlined in subsection (2) are met.

The requirements are that

an initial survey has been carried out in respect of the fishing vessel;

at the date of the initial survey, the surveyor is satisfied that the energy specific equipment, fittings and other arrangements of the fishing vessel are maintained to ensure her continued energy efficient operations; and

in consequence of that initial survey, a fishing vessel energy efficiency certificate has been issued in respect of that fishing vessel and is still valid.

The Chief Fisheries Officer may where he deems it in the best interests of the fishing industry, require Barbados registered non-commercial fishing vessels to be energy efficient certified, and where he so determines shall specify the relevant requirements in a fisheries sector management directive.

(c)

58.(1)

(a)

(b)

(2)

(a)

(b)

(c)

(3)

88

Requirement for certificates: renewal fishing vessel surveys

No Barbados registered commercial fishing vessel shall

proceed to sea; or

remain at sea,

after the date of expiry of a fishing vessel energy efficiency certificate in respect of that fishing vessel, unless the requirements outlined in section (2) are met.

The requirements are that

a renewal survey has been carried out in respect of the fishing vessel;

at the date of the renewal survey, the surveyor is satisfied that the energy specific equipment, fittings and other arrangements of the fishing vessel are maintained to ensure her continued energy efficient operations; and

in consequence of that renewal survey, a fishing vessel energy efficiency certificate has been renewed in respect of that fishing vessel and is still valid.

Renewal surveys are to be carried out every 5 years on commercial fishing vessels, except as follows:

when the renewal survey is completed within 3 months before the expiry date of the existing Fishing Vessel Energy Efficiency Certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing Fishing Vessel Energy Efficiency Certificate;

when the renewal survey is completed after the expiry date of the existing Fishing Vessel Energy Efficiency Certificate, the new certificate shall be valid from the date of completion of the renewal

59.(1)

(a)

(b)

(2)

(a)

(b)

(c)

(3)

(a)

(b)

89

survey to a date not exceeding 5 years from the date of expiry of the existing Fishing Vessel Energy Efficiency Certificate;

when the renewal survey is completed more than 3 months before the expiry date of the existing Fishing Vessel Energy Efficiency Certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of completion of the renewal survey;

if a fishing vessel, at the time when a fishing vessel energy efficiency certificate expires, is not in a place in which she is to be surveyed, the period of validity of the Fishing Vessel Energy Efficiency Certificate may be extended, but this extension shall be granted only for the purpose of allowing the fishing vessel to complete her voyage to the port in which she is to be surveyed, and then only in cases where it appears proper and reasonable to do so;

no fishing vessel energy efficiency certificate shall be extended for a period longer than 3 months, and a fishing vessel to which an extension is granted shall not, on her arrival at the place in which she is to be surveyed, be entitled by virtue of such extension to leave that place without having a new fishing vessel energy efficiency certificate;

where the renewal survey is completed, the new Fishing Vessel Energy Efficiency Certificate shall be valid to a date not exceeding 5 years from the date of expiry of the existing certificate before the extension is granted;

a fishing vessel energy efficiency certificate issued to a fishing vessel engaged on short voyages that has not been extended under paragraphs (a) to (e) may be extended by the Chief Fisheries Officer, for a period of grace up to one month from the date of expiry stated on it; and

where the renewal survey is completed, the new Fishing Vessel Energy Efficiency Certificate.

(c)

(d)

(e)

(f)

(g)

(h)

90

For the purposes of subsection (3)(h), in special circumstances as determined by the Chief Fisheries Officer, a new fishing vessel energy efficiency certificate need not be dated from the date of expiry of the existing certificate and in these special circumstances, the new Fishing Vessel Energy Efficiency Certificate shall be valid to a date not exceeding 5 years from the date of completion of the renewal survey.

Requirement for certificates: annual fishing vessel surveys

No Barbados registered commercial fishing vessel shall

proceed to sea; or

if she is already at sea, remain at sea,

after the end of any annual survey period for that fishing vessel, unless the requirements outlined in subsection (2) are met.

The requirements referred to in subsection (1) are that

a survey has been carried out in respect of the fishing vessel;

at the date of the annual survey, the surveyor is satisfied that the energy specific equipment, fittings and other arrangements of the fishing vessel are maintained to ensure her continued energy efficient operations; and

in consequence, the Fishing Vessel Energy Efficiency Certificate has been endorsed to this effect and is still valid.

Fishing vessels without energy specific equipment, fittings, etc.

Owners of fishing vessels without energy specific equipment, fittings or arrangements shall maintain a good environmental performance in relation to their operations, in order to prevent, reduce and control emissions by fishing vessels, and shall make every effort to install energy specific equipment, fittings or arrangements.

(4)

60.(1)

(a)

(b)

(2)

(a)

(b)

(c)

61.(1)

91

Surveyors, when conducting seaworthiness surveys in respect of fishing vessels that do not have energy specific equipment, fittings or arrangements, shall assess the general condition of the vessel in relation to its energy performance capabilities.

Survey certificates to be accompanied by surveyor's report

The following certificates shall be accompanied by a surveyor’s report:

certificate of seaworthiness;

work-in-fishing compliance certificate; and

fishing vessel energy efficiency certificate.

A surveyor’s report referred to in subsection (1) shall contain all of the particulars of the vessel and the survey specifics.

Deficient fishing vessel: procedure to be adopted

Where a surveyor determines that the condition of a fishing vessel to which this Part applies does not correspond substantially with the particulars on one or more of the certificates referred to in this Part or is such that the fishing vessel is not fit to proceed to sea without danger to the fishing vessel, persons or cargo onboard, the surveyor shall advise the owner or operator, of the corrective action which in the surveyor's opinion is required, and shall notify the Chief Fisheries Officer.

If such corrective action is not taken within such reasonable period as a surveyor may specify, the surveyor shall notify the Chief Fisheries Officer who may suspend the validity of the particular certificate issued to the fishing vessel.

The Chief Fisheries Officer shall give notice of any such suspension to the surveyor and to the owner who in turn shall notify the fishing vessel operator, if the owner is not the operator.

(2)

62.(1)

(a)

(b)

(c)

(2)

63.(1)

(2)

(3)

92

This section applies to Barbados registered fishing vessels and other fishing vessels which have been surveyed pursuant to this Part.

Approved marine surveyors of the Fisheries Division

The Chief Fisheries Officer may nominate such persons or organizations to conduct fishing vessel surveys on its behalf as may be necessary.

There shall be maintained in relation to such nominated persons and organizations, a list to be known as the “List of Approved Marine Surveyors of the Fisheries Division”.

Unscheduled surveys

The Chief Fisheries Officer, an approved marine surveyor or other authorized officer may at any time, without notice or warrant stop, board and inspect a Barbados registered fishing vessel or any other sea-going craft, suspected to be engaged in fishing or related activities in the Barbados waters, for the purpose of satisfying himself that

there is in existence a valid certificate of registration with respect to the vessel and that the specifications listed in the Certificate of Registration correspond to the vessel;

there is in existence a valid survey certificate in respect of that vessel;

all persons working onboard a vessel have valid health certificate;

there is a valid commercial fishing licence in respect of the vessel issued under this Act; and

there is no prohibited fishing gear onboard.

On completion of an inspection under subsection (1), a written report shall be submitted to the Chief Fisheries Officer setting out the results of the unscheduled survey and specifying any recommendations.

(4)

64.(1)

(2)

65.(1)

(a)

(b)

(c)

(d)

(e)

(2)

93

Where having considered the report submitted under subsection (2), if Chief Fisheries Officer is satisfied that the vessel

is unseaworthy and not fit for the purpose of fishing;

equipment is not being maintained in accordance with the prescribed standards; or

is not in compliance with any of the conditions set out in this Act,

he may suspend or cancel any certificate and any licence or permit in respect of the vessel until such time as the deficiencies relating to the vessel are rectified.

In the case where the vessel is intercepted at sea and is not in compliance with the requirements of this Act or any other enactment, the vessel shall be escorted to port for further investigation and action.

Fraudulent surveys

A surveyor referred to in section 64 shall not prepare or issue

an untrue or inaccurate vessel survey certificate;

a report or record on the status of a vessel without conducting a vessel survey;

a report or record that falsely states that a fishing vessel is seaworthy, workin-fishing compliant or energy efficient; or

a vessel survey with false or inaccurate information.

A surveyor who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

The Chief Fisheries Officer shall terminate the services of a surveyor who contravenes subsection (1).

(3)

(a)

(b)

(c)

(4)

66.(1)

(a)

(b)

(c)

(d)

(2)

(3)

94

PART XII

REGISTRATION OF BARBADOS FISHING VESSELS

Registration of Barbados Fishing Vessels engaged in Fishing or Related Activities

Registration of Barbados fishing vessels

No person shall operate a fishing vessel or other sea-going craft used for fishing or related activities in Barbados waters, unless the fishing vessel or sea-going craft

is registered and the owner is in possession of a valid certificate of registration of a Barbados fishing vessel issued in respect of that vessel or other sea-going craft, as prescribed under this Act; and

has insurance coverage or cover in an equivalent form of financial security against risk of loss or damage to third parties.

The policy of insurance or equivalent form of security referred to in subsection (1)(b) shall

at a minimum, provide coverage against injury to third parties, damage to vessel, loss of or damage to cargo or loss of life; and

be in an amount corresponding to the limits of liability established under Article 15(2)(b) of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the 1996 Protocol.

Pursuant to subsection (2) coverage for claims for loss of life or personal injury shall be the Barbados equivalent of 500 000 SDRs and coverage for any other claims shall be the Barbados equivalent of 250 000 SDRs.

This section does not apply to vessels registered with the Barbados Maritime Transport Administration for Shipping and Watersport Activities.

67.(1)

(a)

(b)

(2)

(a)

(b)

(3)

(4)

95

Barbados fishing vessel register

The Chief Fisheries Officer shall establish and maintain a register of all local fishing vessels to be known as the “Register of Barbados Fishing Vessels”.

The Register of Barbados Fishing Vessels shall contain the following particulars in respect of all fishing vessels registered in Barbados:

the name, registration number, class and type of vessel;

the name and address of the owner, the owner’s agent or the operator of the vessel;

the specifications of the vessel including the construction material, colour of the hull and superstructure, year and place of construction, dimensions and tonnage;

the specifications of the engine, including type, serial number and capacity;

the type of fishing gear, fishing method and fish storage capacity;

the place of mooring of the vessel;

details of the surveyor's certificate;

the date of suspension or deletion of the previous registration of the vessel, if applicable;

a notarized bill of sale;

particulars of any mortgages or similar charges on the vessel; and

any other particulars that may be prescribed.

The Chief Fisheries Officer shall, on payment of the prescribed fee by a person who has a legitimate interest, grant permission to that person to inspect the Register of Barbados Fishing Vessels.

68.(1)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(3)

96

Classes of Barbados registered fishing vessels

The Chief Fisheries Officer shall

keep a register for

classes of fishing vessels operating locally;

Barbados registered fishing vessels under construction; and

fishing vessels that are laid up; and

have provisional registration for Barbados registered fishing vessels.

A person who temporarily takes a fishing vessel out of service, shall apply to the Chief Fisheries Officer to register the fishing vessel as laid up.

An application under subsection (2) shall be made to the Chief Fisheries Officer in such form as may be specified by him and shall be accompanied by

the application fee;

the certificate of registration issued in respect of that fishing vessel;

written authorization from the fishing vessel owner authorizing the agent to act on the fishing vessel owner’s behalf, in the case of an agent; and

such other information and documentation as may be required by the Chief Fisheries Officer.

The Chief Fisheries Officer may register a fishing vessel as laid up, if he is satisfied that the applicant has satisfied the conditions referred to in subsection (3).

The Chief Fisheries Officer shall, upon registration of a fishing vessel as laid up, issue a certificate of registration of a fishing vessel in laid up status.

69.(1)

(a)

(i)

(ii)

(iii)

(b)

(2)

(3)

(a)

(b)

(c)

(d)

(4)

(5)

97

Where a fishing vessel is registered as laid up

the fishing vessel owner shall comply with

any conditions imposed; and

the provisions of this Act and any other enactment; and

the fishing vessel shall not be removed from the lay up location stated in the application, unless

the necessary vessel survey has been conducted by an approved marine surveyor after the lay up period; and

a certificate of seaworthiness or endorsement has been issued in respect of the fishing vessel after the lay up period.

No person shall operate a fishing vessel registered as laid up, except for the purpose of a fishing vessel survey.

A person who contravenes subsection (6) or (7) is guilty of an offence and is liable on summary conviction to a fine of $20 000 or to imprisonment for 3 months or to both.

A person who wishes to reactivate a fishing vessel’s registration status as a fishing vessel from a vessel in laid up status shall

surrender to the Chief Fisheries Officer the Certificate of Registration of Vessel in laid up status in relation to the vessel; and

submit to the Chief Fisheries Officer a certificate of seaworthiness or endorsement following a fishing vessel survey in respect of the vessel after the laid up period.

Where a person complies with subsection (9)

the Chief Fisheries Officer shall return the previously surrendered Certificate of Registration where such certificate has not expired during the period the fishing vessel was laid up; or

(6)

(a)

(i)

(ii)

(b)

(i)

(ii)

(7)

(8)

(9)

(a)

(b)

(10)

(a)

98

he may apply for a certificate of registration where such previously surrendered certificate has expired during the period the fishing vessel was laid up.

Naming of Barbados fishing vessels

The owner of a Barbados fishing vessel shall, before the vessel is registered, choose a name for the vessel and submit that name, as specified in a fishing industry notice, to the Chief Fisheries Officer for approval.

The Chief Fisheries Officer shall not approve a name if it is

the same name as that assigned to another registered fishing vessel;

likely, in the opinion of the Chief Fisheries Officer, to

deceive or be confused with the name of another vessel registered under any other enactment; or

be objectionable and or offend public morals.

A Barbados fishing vessel shall not be described by any name, other than the name by which she is registered.

Application for registration

The owner of a fishing vessel who intends to use the vessel for fishing or related activities in the waters of Barbados shall apply to the Chief Fisheries Officer, in such form as may be specified by him, for the registration of that vessel.

An application under subsection (1) shall be accompanied by

the application fee; and

a copy of the

certificate of inspection; and

insurance certificate.

(b)

70.(1)

(2)

(a)

(b)

(i)

(ii)

(3)

71.(1)

(2)

(a)

(b)

(i)

(ii)

99

A person who uses a fishing vessel that is not registered is guilty of an offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

Registration of a fishing vessel

Subject to subsection (2), where the Chief Fisheries Officer is satisfied that there is in existence in respect of a fishing vessel

a valid certificate of inspection; or

a valid certificate of insurance other documentary evidence as to equivalent insurance coverage,

the Chief Fisheries Officer shall, register the vessel.

The Chief Fisheries Officer shall

assign to the vessel a registration number consisting of a sequence of letters and numbers approved by the Chief Fisheries Officer;

issue the owner a certificate of registration of a Barbados fishing vessel;

record the details of the vessel specified under section 68(2) in the Register of Barbados Fishing Vessels.

Certificate of registration

A certificate of registration referred to section 72(2)(b) shall contain the following:

the class and type of vessel;

the registration number and name of the vessel;

the name and address of the owner of the vessel;

the specifications of the vessel, including the dimensions, material of which the vessel is constructed, year and place of construction, tonnage and colours of the hull and superstructure;

(3)

72.(1)

(a)

(b)

(2)

(a)

(b)

(c)

73.

(a)

(b)

(c)

(d)

100

the specifications of the engine, including type, serial number and capacity;

the name of the home port or normal place of mooring; and

such other particulars as may be required by the Chief Fisheries Officer.

Validity of a certificate of registration

The Certificate of Registration and registration number assigned to the fishing vessel shall

remain in respect of that fishing vessel; and

not be issued to any other fishing vessel within 3 years of the removal of that vessel from the Register of Barbados Fishing Vessels.

Notwithstanding subsection (1), every registration number assigned to a fishing vessel shall be valid until

the owner informs the Chief Fisheries Officer in writing; or

the Chief Fisheries Officer is satisfied that

the vessel no longer exists;

the vessel is no longer involved in fishing;

the vessel has not been made available for inspection for 3 consecutive years;

the hull of the vessel has been so structurally altered that it is no longer described by the details of that vessel in the Register of Barbados Fishing Vessels;

the owner has asked that the vessel be removed from the register; or

the vessel's registration has been cancelled under this Act.

(e)

(f)

(g)

74.(1)

(a)

(b)

(2)

(a)

(b)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

101

Identification and marking of fishing vessel

Every owner or master of a Barbados registered fishing vessel shall ensure that

the registration number assigned to the vessel; and

any other identification markings that may be assigned to the vessel,

are marked on the vessel as specified by the Chief Fisheries Officer.

A Barbados registered fishing vessel is entitled to fly the Barbados flag.

Display of certificate of registration

Every fishing vessel, except an open vessel, shall display the Certificate of Registration in a conspicuous place on the fishing vessel.

The owner or master of an open vessel shall, when required to do so by the Chief Fisheries Officer, deliver the Certificate of Registration to the Chief Fisheries Officer, an inspector or an authorized officer within 24 hours of that request.

Replacement of certificate of registration

Where a certificate of registration issued under this Act is misplaced, lost or destroyed the owner, master or agent of the vessel shall apply to the Chief Fisheries Officer for a copy of the Certificate of Registration.

The application for a copy of a certificate of registration referred to in subsection (1) shall be in such form as the Chief Fisheries Officer specifies and accompanied by the prescribed fee.

Suspension or cancellation of registration

The Chief Fisheries Officer may suspend the registration of a Barbados registered fishing vessel where the

vessel is not marked in accordance with this Act; or

75.(1)

(a)

(b)

(2)

76.(1)

(2)

77.(1)

(2)

78.(1)

(a)

102

owner of the vessel fails to comply with the prescribed safety standards.

The Chief Fisheries Officer shall cancel the registration of a Barbados registered fishing vessel where the

vessel has been lost, destroyed or has been inactive for a period of 3 years or more;

vessel is no longer being used as a fishing vessel;

Chief Fisheries Officer is satisfied that the vessel has been

altered to such an extent that the fishing vessel is no longer described by the particulars in the Register of Barbados Fishing Vessels; or

abandoned or derelict; or

owner of the vessel informs the Chief Fisheries Officer that the vessel has been removed from service.

Qualification for provisional registration

Notwithstanding anything under this Part, the Chief Fisheries Officer or a person designated by the Chief Fisheries Officer may provisionally register a fishing vessel as a Barbados fishing vessel where

the owner of the fishing vessel has submitted the required registration documentation except the tonnage measurement documents;

the fishing vessel is operated for the purpose of a sea trial;

the fishing vessel is in the process of being transferred from a register in a foreign country to the Register of Barbados Fishing Vessels;

any outstanding documents required for registration have not been submitted; or

pending satisfaction of a registration condition specified under this Act or any other enactment.

(b)

(2)

(a)

(b)

(c)

(i)

(ii)

(d)

79.

(a)

(b)

(c)

(d)

(e)

103

Application for provisional registration

A person may apply to the Chief Fisheries Officer to provisionally register a fishing vessel under this Part by

submitting such form as may be specified by the Chief Fisheries Officer accompanied by any supporting documentation; and

paying the prescribed fee.

Certificate of provisional registration

The Chief Fisheries Officer or a person designated by the Chief Fisheries Officer may provisionally register a fishing vessel under this Part after the receipt of the application and the prescribed fee.

Where provisional registration of a fishing vessel under subsection (1) has been granted, the Chief Fisheries Officer or a person designated by the Chief Fisheries Officer shall issue a certificate of provisional registration.

A certificate of provisional registration

is valid for a period of one year; and

shall not be renewed, extended or transferred.

Construction certificate of registration

The Chief Fisheries Officer or a person designated by the Chief Fisheries Officer, may issue a fishing vessel construction certificate of registration to the owner of a fishing vessel where

the owner of a fishing vessel

makes a written request to the Chief Fisheries Officer for a fishing vessel construction certificate of registration; and

pays the prescribed fee;

a certified copy of the construction contract is provided; and

80.

(a)

(b)

81.(1)

(2)

(3)

(a)

(b)

82.(1)

(a)

(i)

(ii)

(b)

104

the construction of the fishing vessel has commenced.

Where the construction of the fishing vessel is complete, the

Chief Fisheries Officer or a person designated by the Chief Fisheries Officer shall, as soon as reasonably practicable, issue a certificate of provisional registration; and

owner of the fishing vessel shall immediately surrender the Construction Certificate of Registration issued under subsection (1) to the Chief Fisheries Officer or a person designated by the Chief Fisheries Officer.

Vessel Monitoring Device or Equipment

Registered fishing vessels to carry vessel monitoring equipment

A Barbados registered fishing vessel shall carry onboard an approved vessel monitoring device or equipment as an integral component of the national vessel monitoring system, while the fishing vessel is in

the waters of Barbados;

areas beyond national jurisdiction where Barbados has sovereign rights; or

such other areas as specified or agreed in an international agreement or international fisheries conservation and management measures.

The vessel monitoring device or equipment shall be

maintained in accordance with the manufacturer's specification; and

active all times when the vessel is at sea.

(c)

(2)

(a)

(b)

83.(1)

(a)

(b)

(c)

(2)

(a)

(b)

105

Master to give notice of non-functioning vessel monitoring device or equipment

Where the vessel monitoring device or equipment ceases to operate, the master or owner shall immediately

notify the Chief Fisheries Officer or Coast Guard of the

vessel’s name;

vessel’s call sign;

vessel’s position expressed in longitude and latitude; and

date and time that the vessel monitoring device or equipment became inoperable; and

on return to port

have the problem of the vessel monitoring device or equipment repaired before returning to sea; and

submit a written report on the inoperability of the vessel monitoring device or equipment to Chief Fisheries Officer.

Tampering with the vessel monitoring device or equipment

No person shall

without lawful excuse render inoperative or otherwise interfere with the vessel monitoring device or equipment or other device installed pursuant to this section; or

intentionally, recklessly or negligently

destroy, damage, render inoperative or otherwise interfere with any part of an automatic location communicator or vessel monitoring system aboard a vessel licensed pursuant to this Act or any other enactment;

84.

(a)

(i)

(ii)

(iii)

(iv)

(b)

(i)

(ii)

85.(1)

(a)

(b)

(i)

106

feed or input into that system data or information which is meaningless or inaccurate; or

divulge information or data obtained from a vessel monitoring device or equipment or a report or recording required to a person not entitled to receive that information or data in the course of duty.

A person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

PART XIII

REGISTRATION OF FOREIGN FISHING VESSELS IN BARBADOS

Registration of Foreign Fishing Vessels

Application

Where the owner of a foreign fishing vessel wishes to bring the vessel into Barbados from another country and registers the fishing vessel in accordance with this Part, the owner shall, along with the prescribed application, submit the following documentation to the Chief Fisheries Officer:

the fishing vessel's registration history;

proof of third party liability insurance or other equivalent form of financial security against risks of loss or damage to third parties;

details of present and pass ownership of the fishing vessel including names and citizenship;

dimensions and colour of the fishing vessel;

type and size of engine and the fish storage capacity;

a recent survey report of the fishing vessel;

(ii)

(iii)

(2)

86.

(a)

(b)

(c)

(d)

(e)

(f)

107

written evidence that the fishing vessel

has been removed from its last registry;

has never been involved in illegal, unreported or unregulated fishing; or

is not listed on the International Commission for the Conservation of Atlantic Tuna's list of illegal, unreported or unregulated fishing vessels;

side and front profile photograph of the fishing vessel; and

evidence of the payment of the prescribed non-refundable application fee referred to in this Act.

Register of foreign owned Barbados registered fishing vessels

The Chief Fisheries Officer shall establish a register of all foreign owned Barbados registered fishing vessels to be known as the “Register of Foreign Owned Barbados Registered Fishing Vessels”.

The Register of Foreign Owned Barbados Registered Fishing Vessels shall contain the following particulars in respect of the fishing vessel:

the present and previous names (if applicable), registration number, fishing licence number and home port;

the international radio call sign;

the names and addresses of the vessel's owner, agent, captain or master;

the year in which the vessel was built and the place of construction and material of construction;

the type of vessel and a side profile photograph of the vessel;

the vessel's specifications, such as, dimensions and tonnage;

the type of fishing gear, fishing method and fish storage capacity;

the power of the main engine or engines of the vessel;

(g)

(i)

(ii)

(iii)

(j)

(k)

87.(1)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

108

the vessel's navigation and position fixing equipment; and

any other particulars that may be required by the Chief Fisheries Officer.

Inspection of foreign fishing vessel

The Chief Fisheries Officer shall, on receipt of the application, review the accompanied documentation and conduct an inspection of the vessel.

Registration of a foreign fishing vessel

The Chief Fisheries Officer may issue an inspection certificate for a foreign owned fishing vessel where the Chief Fisheries Officer is satisfied that the fishing vessel

was not involved in illegal, unreported or unregulated fishing;

has been de-registered from its last registry;

is seaworthy and fit for purpose; and

is foreign owned by at least 51 per cent.

The Chief Fisheries Officer shall, having issued the inspection certificate pursuant to subsection (1), record the details of the vessel in the Register of Foreign Owned Barbados Registered Fishing Vessels and issue a certificate of registration of a foreign owned Barbados registered fishing vessels.

The conditions applicable to a Barbados owned fishing vessel shall apply to a foreign owned Barbados registered fishing vessel referred to in subsections (1) and (2).

(i)

(j)

88.

89.(1)

(a)

(b)

(c)

(d)

(2)

(3)

109

PART XIV

REGISTRATION OF INTERNATIONAL SEA-GOING FISHING VESSELS

Application under this Part

This Part applies to fishing vessels engaged in international sea-going fishing activities.

This Part does not apply to Barbados registered fishing vessels intended to strictly operate within the EEZ limits of Barbados or the Caribbean Trading Area.

Barbados international fishing vessel registry programme

The Chief Fisheries Officer shall develop a Barbados International Fishing Vessel Registry Programme for the purpose of

registering international sea-going fishing vessels;

sustainably developing Barbados' international fisheries sector;

building Barbados' international sea-going fisheries fleet;

promoting international fisheries trade and commerce; and

facilitating the effective management and development of Barbados' international fishing industry.

Barbados international fishing vessel registry co-management arrangements

The Minister may, after consultation with the Chief Fisheries Officer, enter into co-management arrangements with any entity wishing to assist Barbados in the management of its International Fishing Vessel Registry, for purposes of jointly managing international fisheries affairs and registry related matters.

90.(1)

(2)

91.

(a)

(b)

(c)

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(e)

92.(1)

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A co-management arrangement entered into for the joint management of international fisheries business and registry related matters shall contain the following:

the parties to the arrangement;

the duration of the arrangement;

scope of activities within the arrangement;

the rights and responsibilities of each party, in respect of the arrangement;

approaches to conflict resolution;

terms of termination of the arrangement;

financial matters, in respect of the arrangement; and

any other relevant particulars.

The co-management arrangement shall

be in writing and signed by the parties concerned; and

not be contrary to national and international fisheries laws.

The Government of Barbados shall retain its existing role and functions in the management, regulation and enforcement of any international fisheries business, including an international fishing vessel registry operation managed within a comanagement arrangement.

The entity entering into a co-management arrangement with the Government of Barbados shall pay the Government

such percentage of the proceeds generated from international fishing vessel registry operations as may be determined by the Minister;

annually, such fee as may be prescribed by the Minister; or

such other fee at such intervals as may be determined by the Minister.

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(3)

(a)

(b)

(4)

(5)

(a)

(b)

(c)

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The Minister shall, in writing, make a determination as to the mode, manner and time frame in which proceeds from international fishing vessel registry operations are to be paid to the Government of Barbados, and communicate that determination to the Principal Registrar.

There shall be no transfer of ownership of the International Fishing Vessel Registry of Barbados under any co-management arrangement.

Registrar of International Sea-going Fishing Vessels

There shall be a Principal Registrar of International Sea-going Fishing Vessels.

The Principal Registrar shall

register international sea-going fishing vessels flying the Barbados flag;

administer the Barbados International Fishing Vessel Registry programme;

perform administrative duties of the Ministry responsible for Fisheries in relation to international sea-going fishing vessels, and undertake the general conduct and supervision of all matters relating to the registration of fishing vessels under this Act, outside Barbados;

impose administrative fines as may be prescribed under this Act;

maintain a register of international sea-going fishing vessels, as specified in this Act or any other enactment;

exercise authority, either directly or through any person who has been appointed as an agent to

administer all oaths and take acknowledgements required by this Act;

(6)

(7)

93.(1)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(i)

112

issue radio licenses in respect of international sea-going fishing vessels for radio transmitting apparatus located onboard a fishing vessel registered under this Part; or

issue any license, certificate or other documents for officers and personnel on fishing vessels registered under this Part for the purpose of complying with this Act, any other enactment, or of any international convention to which Barbados is party;

maintain proper records of everything done by him or his agents and pay to the Accountant General any fees collected on behalf of the Government;

keep the Chief Fisheries Officer informed of every action taken and fees collected or every charge made by him or by his agent; and

appoint registrars to assist the Principal Registrar in the performance of his duties.

The Principal Registrar shall not be liable for damages or any loss accruing to any person by reason of any act done or default made by him in good faith.

Register of international sea-going fishing vessel

The Chief Fisheries Officer shall establish a register of international sea-going fishing vessels to be known as the “Register of International Sea-going Fishing Vessels”.

The Register of International Sea-going Fishing Vessels shall contain

the full name of the owner, if the owner is an individual;

a certified copy of the certificate of incorporation, if the owner is a company;

the address of the owner;

the nationality of the owner, if there are multiple owners, the nationality of each owner;

(ii)

(iii)

(g)

(h)

(i)

(3)

94.(1)

(2)

(a)

(b)

(c)

(d)

113

the name, address and nationality of the bareboat charterer, if the vessel is bareboat chartered;

the name, address and nationality of the operator, if the operator is not the owner or is a bareboat charterer;

the shares or interest of each owner in the vessel;

the name of the vessel and the previous name and registry, if applicable;

the place or port of registration;

the official number or mark of identification of the vessel;

the description of the main technical characteristics of the vessel;

the details in the surveyor's certificate;

the date of suspension or deletion of the previous registration of the vessel;

a notarized bill of sale;

the particulars of any mortgages or other similar charges; and

any other relevant particulars in respect of the vessel.

Foreign vessel to be registered

No fishing vessel engaged in foreign trade shall be documented under the laws of Barbados or be accorded the rights and privileges of a vessel of Barbados, unless such vessel is registered in accordance with the provisions of this Part.

Registration of international sea-going fishing vessels

An international sea-going fishing vessel is entitled to be registered if

it is owned, wholly or partially, by a citizen or permanent resident of Barbados, or a foreign maritime entity lawfully authorized to conduct business in Barbados;

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(n)

(o)

(p)

95.

96.(1)

(a)

114

an application for fishing vessel registration is made;

a certificate of survey, statement of compliance or similar documentation is received from the owner; and

such other conditions as are prescribed under this Part are complied with.

The Principal Registrar shall document fishing vessels in the same manner as any other vessel engaged in foreign trade subject to the laws and treaty obligations of Barbados.

Refusal and termination of registration

The Principal Registrar may refuse to register a fishing vessel where it is considered inappropriate for the fishing vessel to be registered under the laws of Barbados.

The Principal Registrar may terminate a fishing vessel's registration if

having regard to subsection (1), it would be detrimental to the interests of Barbados or of international trade in fisheries for a registered fishing vessel to continue to be registered;

a penalty imposed on the owner of a registered fishing vessel in respect of a contravention of this Act, any other enactment or any regional or international instrument in force under this Act, has remained unpaid for a period exceeding 3 months;

the annual tonnage tax has remained unpaid for a period exceeding one year; or

the vessel becomes a total or constructive total loss.

Vessels eligible to be documented and re-documented

Any commercial fishing vessel

of 24 metres or more in length; or

(b)

(c)

(d)

(2)

97.(1)

(2)

(a)

(b)

(c)

(d)

98.

(a)

115

between 18 metres and 24 metres in length,

engaged in foreign trade, wherever built, owned by a citizen or national of Barbados or of a foreign maritime entity qualified in Barbados is eligible to be documented or redocumented under this Part.

Fishing vessels not to be documented

A fishing vessel engaged solely in domestic commerce shall not be documented under this Part.

Notwithstanding that a fishing vessel in respect of which an application for registration has been made is entitled to be documented, the Principal Registrar, or a duly authorized agent, may refuse registration of a fishing vessel if satisfied that after due consideration it would be detrimental to the interests of Barbados or of international fisheries trade for the vessel to be documented.

Certificate of registry for international sea-going fishing vessels

A fishing vessel registered under this Part shall be issued a certificate of registry for international sea-going fishing vessels.

Conditions precedent to issuance of permanent certificate of registry for international sea-going fishing vessels

The owner of a fishing vessel eligible for documentation and requesting the issuance of a certificate of registry for the vessel, accompanied by the oath or oaths required by this Part, may in the approved form and upon payment of the prescribed fee, apply to the Principal Registrar.

The Principal Registrar may, after consideration of an application under subsection (1), issue a permanent certificate of registry for the fishing vessel if he is satisfied that the applicant

is the owner of the vessel;

(b)

99.(1)

(2)

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101.(1)

(2)

(a)

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has surrendered any foreign marine document for the vessel with the consent of the government that had issued it, or has been legally cancelled or otherwise terminated;

has ensured that the vessel is in a seaworthy condition;

has paid to the Principal Registrar or a person designated by the Principal Registrar a sum equal to the initial registration fee and tonnage tax;

has the markings of name, official number, home port and draught on the vessel pursuant to section 107; and

has been issued a certificate of measurement in respect of the vessel.

Oaths

A fishing vessel may be documented under this Part if, in the case of

an individual owned vessel, the owner, managing owner, part owner, or his agent authorized by power of attorney; or

a corporate owned vessel, the president, vice president, secretary or assistant secretary of the corporation or other officer or agent authorized in writing,

takes an oath declaring the name of the fishing vessel, its net tonnage, the place where built, the date when built, the name and residence of any other owner and his citizenship, each owner's proportion, and the name of the affiant and his citizenship.

The oath may be taken before

a notary public;

an officer authorized to administer oaths by the laws of the place where the oath is administered; or

any other person designated by the Principal Registrar for the administration of such oaths.

(b)

(c)

(d)

(e)

(f)

102.(1)

(a)

(b)

(2)

(a)

(b)

(c)

117

Nothing contained in this section shall be construed to require the administration of an oath by a Barbados or foreign consul.

A person who acts as an agent or attorney for an owner and who purchases any vessel from that owner, shall take an oath

that he is the owner of the fishing vessel; or

that he is the agent or attorney for the owner and in such capacity has made such purchase in good faith.

Where the document of any vessel is lost or destroyed, the master, or other person in command, may take the oath as set out in the Third Schedule before the persons specified in subsection (2) for the administration of such oaths at or nearest to the port where the vessel is first located after such loss or destruction.

Where an oath is taken under subsection (5), the officer or person administering such oath shall

grant to the vessel a temporary provisional certificate of registry and insert therein that it is issued in lieu of the one lost or destroyed; and

forthwith send to the Principal Registrar a written notice, accompanied by a copy of the oath, advising that such oath has been taken and such temporary provisional certificate issued.

The Principal Registrar or special agent may, after receiving notice and being satisfied that the vessel is entitled to a certificate of registry, grant a new certificate of registry, identical with that which was lost or destroyed.

As soon as practicable after the issuance of such a Certificate of Registry, the temporary Provisional Certificate shall be surrendered to the Principal Registrar for cancellation.

(3)

(4)

(a)

(b)

(5)

(6)

(a)

(b)

(7)

(8)

118

Numbering of certificates of registry for international sea-going fishing vessels

The Principal Registrar or his duly authorized agent shall

number the registry certificates granted by him or his agent to fishing vessels registered under this Part, beginning at the commencement of each year;

make a record in a book kept for that purpose; and

retain permanent copies of all such documents issued by or surrendered to him.

Conditions precedent to issuance of provisional certificate of registry

A fishing vessel may be provisionally registered under this Part if

a person is a vessel owner and has submitted all of his registration documentation, but is awaiting tonnage measurement documents;

the vessel is under construction, and the owner intends to fully register the vessel under the Barbados flag on completion of the vessel construction;

the vessel is in the process of being transferred from another register to the Barbados Register;

the vessel has not yet performed sea trials;

outstanding documents required for permanent registration have not been submitted; or

it is required to be provisionally registered by the Principal Registrar, pending satisfaction of a registration condition as specified under this Act or any other enactment.

An owner of a fishing vessel eligible for documentation and requesting the issuance of a provisional certificate of registry for the vessel, accompanied by

103.

(a)

(b)

(c)

104.(1)

(a)

(b)

(c)

(d)

(e)

(f)

(2)

119

the oath or oaths required by this Part, may in the approved form and upon payment of the prescribed fee, apply to the Principal Registrar for the provisional certificate of registry.

The Principal Registrar may, after consideration of an application under subsection (2), issue a provisional certificate of registry for the fishing vessel if he is satisfied that the applicant has

ownership of the vessel;

in relation to any foreign marine document for the vessel,

surrendered the document with the consent of the issuing government;

ensured the document has been legally cancelled or otherwise terminated; or

issued orders to the master of the vessel to surrender the document for cancellation immediately upon receipt of the Provisional Certificate of Registry onboard the vessel;

ensured that the vessel is in a seaworthy condition;

paid to the Principal Registrar the prescribed provisional registration fee;

the markings of names, official number, home port, and draught required under section 107, or that the applicant has issued orders to the master of the vessel to have markings made immediately upon receipt of the Provisional Certificate of Registry onboard the vessel; and

third party liability insurance including, but not limited to

coverage for pollution liability risks;

wreck removal; and

(3)

(a)

(b)

(i)

(ii)

(iii)

(c)

(d)

(e)

(f)

(i)

(ii)

120

the fishing vessel owners repatriation obligations under the regulations.

Subject to subsection (4), the owner of a fishing vessel shall, within 30 days after issuance of the Provisional Certificate of Registry, furnish satisfactory proof to the officer to whom the application for documentation has been presented, showing that the vessel's outstanding foreign marine document has actually been surrendered for cancellation and that the markings required under section 107, have actually been made.

Where it is established that any of the obligations will not or cannot be complied with before the end of the 30 day period, the officer may declare the Provisional Certificate of Registry to be null and void.

A permanent certificate of registry shall be issued in place of a provisional certificate as soon as reasonably practicable after

a measurement of the vessel;

the surrender of the outstanding foreign marine document of the vessel for cancellation; and

the making of the markings required under section 107,

and such provisional certificate shall be surrendered promptly to the Principal Registrar.

Where the Permanent Certificate of Registry is issued after the surrender of a provisional certificate under subsection (5), the charges originally paid shall be adjusted in accordance with the tonnage established by the Certificate of Measurement.

The Principal Registrar may, where necessary, issue a new provisional certificate of registry for a period not exceeding 2 years.

(iii)

(3)

(4)

(5)

(a)

(b)

(c)

(6)

(7)

121

Conditions precedent to issuance of fishing vessel construction certificate

An owner of a fishing vessel may, in the approved form and upon payment of the prescribed fee, apply to the Principal Registrar for a fishing vessel construction certificate of registry.

The Principal Registrar, after consideration of an application under subsection (1), may issue a fishing vessel construction certificate of registry for the fishing vessel if he is satisfied that the applicant has

entered into a construction contract;

commenced construction on the fishing vessel; and

paid to the Principal Registrar the prescribed construction registration fee.

A provisional certificate of registry shall be issued in place of the Construction Certificate, as soon as reasonably practicable after completion of the fishing vessel under construction, and such Construction Certificate shall be surrendered as soon as reasonably practicable to the Principal Registrar.

Surrender and cancellation of registry

Where a registered fishing vessel is

lost;

taken by an enemy;

burned;

broken up; or

otherwise prevented from returning to the port to which she may belong,

the Registry Certificate, if preserved, shall be delivered within 8 days after the arrival of the master or person in command, to the Principal Registrar.

105.(1)

(2)

(a)

(b)

(c)

(3)

106.(1)

(a)

(b)

(c)

(d)

(e)

122

Where a registered fishing vessel is lost, broken up or transferred from the registry, the Principal Registrar may, subject to this Part, delete the vessel from the Registry of Barbados.

Where an application is made for new registry of a fishing vessel, its former registry certificate shall be delivered to the Principal Registrar.

Where a registry certificate is granted in lieu of one lost, the lost certificate, if found, shall be delivered to the Principal Registrar, who shall cancel it.

The continued validity of the Registry Certificate of a vessel is subject to the

payment of tonnage taxes;

good standing of the owning entity; and

verification for safety compliance.

Where a fishing vessel owner or fishing vessel is deemed to be non- compliant, the Registry Certificate shall be delivered immediately to the Principal Registrar, who shall cancel it.

Names, numbers and marks on international sea-going fishing vessels

Subject to subsection (2), every documented fishing vessel shall have

her name marked upon each bow and the stern; and

the home port of the vessel shall also be marked upon the stern.

The names marked on the vessel shall be painted or gilded upon beaded or cast Roman letters in light colour on a dark background, or in a dark colour on a light background, permanently affixed and distinctly visible.

Each fishing vessel of Barbados, in addition to having her name painted on her stern, shall have the name conspicuously placed in distinct, plain letters of not less than six inches in height, on each outer side of the pilot house.

(2)

(3)

(4)

(5)

(a)

(b)

(c)

(6)

107.(1)

(a)

(b)

(2)

(3)

123

The Principal Registrar may prescribe a system of numbering and marking documented vessels and the designated number of each fishing vessel shall be marked permanently on her main beam.

Persons qualified to own Barbados international sea-going fishing vessels

A person qualified to own Barbados international sea-going fishing vessels is

an individual who is either

a citizen of Barbados or resident in Barbados;

a permanent resident of Barbados within the meaning of the Immigration Act, Cap. 190;

a citizen of CARICOM States residing in a Member State of the Caribbean Community, where the ship is customarily engaged in international voyages;

an owner of fishing vessels hired out on a bareboat charter to nationals of Barbados; or

in a bona fide joint venture fishing enterprise relationship with nationals of Barbados as may be prescribed;

a company, including

a company whose primary business is in seafood trade;

a body corporate incorporated in Barbados and established as a fisheries corporation;

a body corporate incorporated in a CARICOM State, but having beneficial ownership in the fishing vessel;

a body corporate incorporated in a non-CARICOM State, but having a beneficial ownership in the fishing vessel;

(4)

108.(1)

(a)

(i)

(ii)

(iii)

(iv)

(v)

(b)

(i)

(ii)

(iii)

(iv)

124

corporations in bona fide joint venture fishing enterprise relationships with nationals of Barbados, as may be prescribed; or

a body corporate, partnership or other association of individuals registered in accordance with the laws of Barbados and having their main office in Barbados; or

such other persons as the Minister may by order determine.

A person who is not qualified under this Act for fishing vessel registration to own a Barbados international sea-going fishing vessel may be one of the owners of such fishing vessel where

the majority interest in the vessel within the meaning of section 109 is owned by persons who are qualified under subsection (1); or

the fishing vessel is registered under this Part.

In this section,

“Beneficial owner” means

a person with legal title to the fishing vessel;

a natural person who ultimately owns or controls the fishing vessel;

a person recognized in equity as owner of the fishing vessel because use and title belong to that person, even though legal title may belong to someone else, especially one for whom property is held in trust; or

any other person who holds a degree of control over the fishing vessel that allows him to benefit from it;

“CARICOM national” means an individual who is a citizen of a State of the Caribbean Community and resident in a State in that Community;

(v)

(vi)

(c)

(2)

(a)

(b)

(3)

(a)

(b)

(c)

(d)

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“CARICOM fishing company” means a corporation incorporated under laws of a State of the Caribbean Community

whose principal place of business is within a State of the Caribbean Community; and

where all the shares or stock of which is beneficially owned by or is otherwise beneficially and wholly owned by

a CARICOM person;

an other CARICOM fishing companies; or

States of the Caribbean Community

Barbados connection and majority interest

Subject to any exception

a person shall be treated as owning majority interest in a fishing vessel registered under this Part where there is vested in that person the legal title and 33 percent or more shares in the fishing vessel, there being left out of account for this purpose any share in which any beneficial interest is owned by a person who is not entitled to be an owner of a Barbados fishing vessel; and

a body corporate shall be treated as resident in Barbados if it is incorporated or registered in Barbados and carries on business from a place of business maintained by it in Barbados.

Subsection (1) does not require an owner of a fishing vessel interested in flagging that vessel in Barbados to open offices or appoint representatives in Barbados.

(a)

(b)

(i)

(ii)

(iii)

109.(1)

(a)

(b)

(2)

126

Mortgages

Form of mortgages

The Minister shall determine the form for a

mortgage produced for registration of an international sea-going fishing vessel;

transfer of a registered mortgage; or

discharge of a registered mortgage,

in each case with appropriate attestation.

Subsisting mortgages on fishing vessels no longer registered

An undischarged mortgage registered in respect of a fishing vessel under this Part, which is not transferred to the Register of International Sea-going Fishing Vessels, shall continue in effect and may, if the fishing vessel comes within the jurisdiction of any court in Barbados which has jurisdiction to enforce it, be enforced by any lawful means without prejudice where the fishing vessel has been sold under judgment of a court to the effect of that judgment.

Subsisting mortgages on fishing vessels registered

Any mortgage registered which

remains undischarged;

relates to a fishing vessel; and

was not transferred to the Register of International Sea-going Fishing Vessels during the transitional period but becomes a registered fishing vessel with full registration after March 31st, 2023,

shall be transferred to the Register and registered as a mortgage in respect of that vessel.

110.

(a)

(b)

(c)

111.

112.

(a)

(b)

(c)

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Priority of a subsisting mortgage

The priority of a transferred mortgage shall be determined as if it had been produced to the Principal Registrar for the purposes of registration on the date on which it was registered under this Part.

Deletion of a registered mortgage

Where a mortgage

was recorded in respect of a fishing vessel; or

is recorded in the register as undischarged,

the Principal Registrar may, in writing, request the mortgagee to state whether the mortgage remains undischarged.

The Principal Registrar shall delete that mortgage from the register if the mortgagee

fails to respond within 30 days of the date of dispatch of the request; or

states that the mortgage

has been discharged; or

to the best of his knowledge no longer subsists.

Notice of intended mortgage

A person who is an intending mortgagee under a proposed mortgage of a fishing vessel or of a share in any such vessel, and desires that interest to be recorded, may give notice to the Principal Registrar of his intention to register a mortgage.

113.

114.(1)

(a)

(b)

(2)

(a)

(b)

(i)

(ii)

115.(1)

128

The notice shall be in a form approved by the Principal Registrar and shall contain the following particulars:

if the vessel is a registered vessel, the

name;

official number;

name, address and signature of the intending mortgagor;

number of shares to be mortgaged; and

name and address of the intending mortgagee; or

if the vessel is not a registered vessel

the present name of the vessel;

the intended name of the vessel;

the intended port of registry;

the approximate length of the vessel;

where the vessel is registered outside Barbados, a copy of its certificate of registry or other document evidencing that registration and giving its port of registry and its registered port letters and numbers, if any;

where the vessel is a new vessel, the builder's certificate or, if that is not available the name and address of the builder and the vessel's yard number, if any;

where the vessel is neither a new vessel nor a registered vessel, details of any permanent marks thereon which enable the vessel to be clearly identified; and

the name, address and signature of the intending mortgagor, the number of shares to be mortgaged, and the name and address of the intending mortgagee.

(2)

(a)

(i)

(ii)

(iii)

(iv)

(v)

(b)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(viii)

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Application of 1993 Convention on Maritime Liens and Mortgages

As from 31st January, 2024, the provisions of Article 1-16 of the International Convention on Maritime Liens and Mortgages 1993 shall form an integral part of this Act and have the force of law as such, but without prejudice to any transaction enacted prior to that date to which the provisions of Article 1-11 of the Brussels Convention 1926 applied.

Notwithstanding Article 6 of the International Convention on Maritime Liens and Mortgages 1993, a maritime lien is valid for a period of 12 months from the time when the claim secured by it arose.

General

Applicable IMO Conventions

International sea-going fishing vessels shall comply with the following IMO Conventions:

International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended;

Protocol of 1988 relating to the International Convention for the Safety of Life at Sea (SOLAS PROT), 1974, as amended;

International Convention for the Prevention of Marine Pollution from Ships (MARPOL), 1973, as modified by the Protocol of 1978, as amended;

Protocol of 1997 (MARPOL, Annex VI) to amend the International Convention for the Prevention of Pollution from Ships, as modified by the Protocol of 1978;

International Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS), 2001, as amended;

116.(1)

(2)

117.(1)

(a)

(b)

(c)

(d)

(e)

130

International Convention for the Control and Management of Ships' Ballast Water and Sediments (BWM), 2004, as amended;

International Convention on Load Lines (LL), 1966;

Protocol of 1988 relating to the International Convention on Load Lines (LL PROT), 1966;

International Convention on Tonnage Measurement of Ships (TONNAGE), 1969; and

Convention on the International Regulations for Preventing Collisions at Sea (COLREGs), 1972, as amended.

The Principal Registrar shall verify compliance by fishing vessels registered under this Part with the IMO Conventions listed at subsection (1) on the basis of surveys conducted by a recognized organization or government approved marine surveyor.

The Minister may nominate recognized organizations for the purposes of subsection (2), in accordance with the IMO Code for Recognized Organizations.

Applicable FAO Instruments

International sea-going fishing vessels shall comply with the following international fisheries instruments:

United Nations Convention on the Law of the Sea (UNCLOS), 1982;

United Nations Agreement on Straddling and Highly Migratory Fish Stocks (UNFSA);

FAO Code of Conduct on Responsible Fisheries;

FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated (IUU) Fishing, 2009;

International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995; and

ILO Work in Fishing Convention, 2007.

(f)

(g)

(h)

(i)

(j)

(2)

(3)

118.(1)

(a)

(b)

(c)

(d)

(e)

(f)

131

The Principal Registrar shall verify compliance by fishing vessels registered under this Part with the FAO instruments listed at subsection (1) on the basis of inspections conducted by fishery protection officers appointed under this Act.

Standards of training, certification and watchkeeping for fishing vessel personnel

Fishing vessel personnel working onboard international sea-going fishing vessels shall be trained and certified in accordance with the regulations.

Maritime labour protection

Fishing vessel owners shall ensure fishery protection officers and personnel working onboard their vessels are afforded fair and decent labour conditions, in accordance with the regulations.

Seafarers in fishing

Pursuant to Article II (2) of the Maritime Labour Convention which provides for the exclusion of seafarers in fishing, the Chief Fisheries Officer after

consultation with relevant stakeholders; and

approval in writing from the Minister,

may issue Maritime Labour related Directives in respect of seafarers working in international sea-going fisheries to ensure effective labour protections similar to those for seafarers in non-fishing sectors.

It shall be an offence to contravene any Directive issued pursuant to subsection (1).

Notwithstanding subsection (1), the Chief Fisheries Officer shall ensure the development and implementation of an appropriate regulatory regime for seafarers in fishing, which shall be commensurate with the Maritime Labour Convention for seafarers working in the shipping sector.

(2)

119.

120.

121.(1)

(a)

(b)

(2)

(3)

132

Maritime labour protections for seafarers working onboard international seagoing fishing vessels include the following:

minimum requirements related to training, recruitment and medical fitness;

proper employment conditions;

proper accommodation, recreational facilities, food and catering;

health protection, medical care, welfare and social security protection;

compliance and enforcement; and

any other relevant aspects coming within the purview of the human element in fisheries and maritime labour protections related thereto.

International vessel safety standards

Fishing vessels registered under this Part shall comply with the international vessel safety standards contained in the Cape Town Agreement of 2012 on International Convention for the Safety of Fishing Vessels.

PART XV

REGISTRATION OF FISH PROCESSING ESTABLISHMENTS

Fish processing establishments to be registered

All processing establishments that handle fish and prepare fisheries products for human consumption shall

be registered with the Fisheries Division as a fish processing establishment; and

comply with the Health Services Act, Cap. 44 and the Health Services (Food Hygiene) Regulations (S.I. 1969 No. 232).

(3)

(a)

(b)

(c)

(d)

(e)

(f)

122.

123.

(a)

(b)

133

Register of fish processing establishments

The Chief Fisheries Officer shall establish a register of all local fish processing establishments to be known as the “Register of Fish Processing Establishments” that handle fish and prepare fisheries products for human consumption.

The register shall contain the following:

the name and address of the establishment;

the name and address of the owner;

the expiry dates of the documents issued under the Health Services Act, Cap. 44 and the Health Services (Food Hygiene) Regulations (S.I. 1969 No. 232);

fisheries products produced by the establishment;

the date on which the Certificate of Registration of a Fish Processing Establishment was issued; and

any other relevant particulars.

Application for registration of a fish processing establishment

The following shall be submitted to the Chief Fisheries Officer in order to register a fish processing establishment:

application in the specified form;

copies of the valid documents; and

proof of payment of the application fee.

The Chief Fisheries Officer may, in assessing the application, require the owner to supply additional information or may visit the establishment to collect any other information which he may require.

124.(1)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

125.(1)

(a)

(b)

(c)

(2)

134

Certificate of registration of a fish processing establishment

Where the Chief Fisheries Officer is satisfied that the documents are valid he shall issue a certificate of registration of a fish processing establishment and record the details of the establishment in the Register of Fish Processing Establishments.

PART XVI

LICENCES

Barbados Fishing Vessel Operators' Licence

Prohibition of fishing without a Barbados fishing vessel operators’ licence

No person shall operate a fishing vessel of any class or description unless he is the holder of a Barbados fishing vessel operators’ licence evidencing that he is competent to operate a fishing vessel of that class or description.

No person shall employ or permit a person to operate a fishing vessel of any class or description unless the person he employs or permits to operate such fishing vessel is the holder of a Barbados fishing vessel operators’ licence.

Application for a Barbados fishing vessel operators’ licence

A person shall apply to the Chief Fisheries Officer for a Barbados fishing vessel operators’ licence and the application shall be accompanied by

certified copies of valid inspection and registration certificates;

proof of competence or experience to operate a fishing vessel;

the prescribed application fee; and

such other documentation as may be requested.

126.

127.(1)

(2)

128.

(a)

(b)

(c)

(d)

135

Issuing and renewing a Barbados fishing vessel operators’ licence

The Chief Fisheries Officer shall not issue or renew a Barbados fishing vessel operators’ licence if

the vessel is not duly registered in accordance with this Act;

there is no valid certificate of inspection issued in respect of the vessel under the relevant provision of this Act; or

fees payable in respect of the application have not been paid.

Categories of Barbados fishing vessel operators' licence

The Chief Fisheries Officer, in consultation with stakeholders, may define the categories of' licences for Barbados fishing vessel operators.

Commercial Fishing Licence

Prohibition of fishing without a commercial fishing licence

No Barbados registered fishing vessel shall be put to commercial use except a commercial fishing licence is obtained in respect of the vessel.

Application for a commercial fishing licence

An application for a commercial fishing licence shall be made to the Chief Fisheries Officer in such form as may be specified by him and accompanied by

particulars on the fishing vessel;

a health certificate;

the prescribed application fee; and

such information as may be required by the Chief Fisheries Officer.

129.

(a)

(b)

(c)

130.

131.

132.

(a)

(b)

(c)

(d)

136

Issuing or renewing a commercial fishing licence

The Chief Fisheries Officer may issue or renew a commercial fishing licence, if he is satisfied that the applicant has

satisfied the conditions referred to in section 132; and

paid the prescribed application fee.

Recreational Fishing Licence

Prohibition of recreational fishing without a recreational fishing licence

All Barbados registered and foreign registered fishing vessels to be used in non-commercial fishing activities in the waters of Barbados shall possess a valid recreational fishing licence.

No person shall engage in commercial fishing activities with a recreational fishing licence.

Application for a recreational fishing licence

An application for a recreational fishing licence shall be made to the Chief Fisheries Officer in such form as may be specified by him and accompanied by

particulars on the fishing vessel;

the prescribed application fee; and

such information as may be required by the Chief Fisheries Officer.

Issuing or renewing recreational fishing licence

The Chief Fisheries Officer may issue or renew a recreational fishing licence, if he is satisfied that the applicant has

satisfied the conditions referred to in section 135; and

133.

(a)

(b)

134.(1)

(2)

135.

(a)

(b)

(c)

136.(1)

(a)

137

paid the prescribed application fee.

The Chief Fisheries Officer may attach to the licence any conditions he deems necessary in the interest of fishery management.

The master, owner or charterer of the vessel as the case may be, who contravenes the conditions attached to a recreational fishing licence is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 3 months or to both.

Foreign Fishing Vessel Licences

Foreign fishing vessel prohibited from fishing without licence

Subject to section 138, no foreign registered fishing vessel shall be used for fishing or related activities in the waters of Barbados without a valid foreign fishing vessel licence issued under this section.

Exemption

Section 137 does not apply to foreign fishing vessels that are

used solely for recreational fishing;

engaged in fisheries-related research or survey operations in which Barbados is participating; or

exempt from the requirement of holding a foreign fishing vessel licence under an applicable access agreement.

Application for a foreign fishing vessel licence

An application for a foreign fishing vessel licence may be made to the Minister in such form as the Minister may determine accompanied by the following:

the registration number, name and dimension of the vessel;

registration details including expiry date and port of registration;

(b)

(2)

(3)

137.

138.

(a)

(b)

(c)

139.(1)

(a)

(b)

138

name and address of owner;

engine type and specification; and

activities to be undertaken in Barbados waters.

The Chief Fisheries Officer shall undertake such necessary measures to ensure effective regulation of foreign registered fishing vessels exempted under subsection (1).

Issuing of foreign fishing vessel licence

Subject to this Act, the Minister may, after consultation with the Minister responsible for Foreign Affairs and the Chief Fisheries Officer, issue a foreign fishing vessel licence authorizing a foreign fishing vessel to be used in the waters of Barbados for such fishing or related activities as specified in the application.

Subject to the provisions of this Act, a foreign fishing vessel licence shall not be issued to any foreign fishing vessel unless there is in force with the Government of the Flag State of the vessel, or with an association of which the owner or charterer is a member, an access agreement to which the Government of Barbados is a party.

In the absence of an access agreement required under subsection (2), the Minister may grant a foreign fishing vessel licence where in his opinion it is in the interest of Barbados to issue a licence.

The master, owner or charterer of a foreign fishing vessel who contravenes this section is guilty of an offence and is liable on conviction on indictment to a fine of $500 000 or to imprisonment for 5 years or to both.

(c)

(d)

(e)

(2)

140.(1)

(2)

(3)

(4)

139

Commercial Aquaculture or Mariculture Facility Licence

Commercial aquaculture or mariculture facility to be licenced

A person shall not

establish or operate a commercial aquaculture or mariculture facility; or

engage in commercial aquaculture or mariculture activities in respect of that facility

unless he acquires a commercial aquaculture or mariculture facility licence in accordance with this section.

Notwithstanding subsection (1), a government-owned facility does not require a commercial aquaculture or mariculture facility licence to operate.

Application for a commercial aquaculture or mariculture facility licence

A person shall apply to the Chief Fisheries Officer in such form as may be specified by him and the application shall be accompanied by

a prescribed environmental impact assessment; including a

list of drugs, pharmaceuticals, antibiotics or other chemicals likely to be used; and

hazard analysis and critical control point plan that identifies and proposes strategies to prevent and control biological, chemical, and physical hazards along the food processing chain;

the prescribed application fee; and

such information as may be required by the Chief Fisheries Officer.

141.(1)

(a)

(b)

(2)

142.

(a)

(i)

(ii)

(b)

(c)

140

Inspection of facility

Where the Chief Fisheries Officer receives an application for a commercial aquaculture or mariculture facility licence, the Chief Fisheries Officer shall cause an inspector to carry out an inspection of the propose aquaculture or mariculture facility, site or operation to which the application relates.

The inspector shall submit to the Chief Fisheries Officer a report in respect of the inspection carried out at the premises of the proposed facility to be licensed.

Chief Fisheries Officer to grant or refuse to grant a licence

The Chief Fisheries Officer may, after reviewing the information attached to the application and any report that may be submitted by the inspector

grant a commercial aquaculture or mariculture facility licence upon payment of the prescribed licence fee if he is satisfied that the required health and food safety requirements are met; or

refuse to grant a commercial aquaculture or mariculture facility licence on the ground that

the issue of the licence would not be in the public interest;

an application contains or is based on a false or misleading representation or information; or

it conflicts with health and environmental laws of Barbados.

A licence granted under this section shall be subject to such terms and conditions as may be specified by the Chief Fisheries Officer.

143.(1)

(2)

144.(1)

(a)

(b)

(i)

(ii)

(iii)

(2)

141

Special Licences

Special licences to be granted

The Chief Fisheries Officer may issue special licences for activities in respect of which

the activity is of a kind necessitating a licence; and

no licence is specified in this Act or any other enactment in respect of the activity.

Notwithstanding section 148, where the Chief Fisheries Officers grants a special licence, the special licence

shall be issued for a period of 3 months; and

may be further extended subject to a written request to the Chief Fisheries Officer for an extension.

A special licence shall be accompanied by relevant terms and conditions.

Conditions of Licence issued under this Part

Licence conditions

All licences issued under this Part shall be subject to such general or special conditions as may be specified by the Chief Fisheries Officer in the case of a local fishing licence or the Minister in the case of a foreign fishing licence in respect of the

proper management of fisheries;

area in which fishing is authorized;

period, times or particular voyages during which fishing is authorized;

descriptions, quantities, size and type of fish which may be taken;

145.(1)

(a)

(b)

(2)

(a)

(b)

(3)

146.(1)

(a)

(b)

(c)

(d)

142

information to be submitted in respect of the fisheries operations and activities;

fishing and fish handling practices; and

monitoring procedures.

The master of a fishing vessel shall not retain or allow to be retained onboard a fishing vessel, within the areas under national jurisdiction, fish which have not been taken in accordance with a fishing licence issued under this Act or the conditions attached to the licence.

A licence issued under this Part is not be transferable.

Notification of changes to licences

Where a licence has been cancelled or suspended under the relevant section of this Act, notification of the cancellation or suspension shall be given in writing to the person to whom the licence was issued within 7 days of the cancellation or suspension.

The notification shall be in writing, except in the case of a foreign fishing vessel, notification may be by telex, radio or such other form as the Minister considers appropriate.

Where a fishing licence has been cancelled on the grounds specified in respect of such licences, within 3 months of the date of issue, a proportion of the fees paid for the fishing licence representing the unexpired period of that licence shall be reimbursed to the licensee at his request.

Where a fishing licence is cancelled on any of the other grounds specified in the relevant section of this Act, the fees paid shall be non-refundable.

Validity of licences

All licences issued under this Part shall be valid for a period of 3 years.

(e)

(f)

(g)

(2)

(3)

147.(1)

(2)

(3)

(4)

148.(1)

143

The Chief Fisheries Officer may at any time cancel any fishing licence for a particular species to give effect to management measures for the species specified.

Licence management measures

The Chief Fisheries Officer shall have in place licence management measures to limit size of the fishing fleet or on such other grounds as may be specified in this Act or the fishery management Plan or published in the Official Gazette.

PART XVII

PERMITS

Permission to Conduct Fisheries Research

Prohibition on conducting fisheries research without permission

Subject to the relevant sections in this Act, no local or foreign person, organization or government agency shall undertake fisheries or fisheries-related research, survey operations or conduct activities that are likely to impact fisheries except with the prior written permission of the Chief Fisheries Officer in the case of a local entity or the Minister in the case of a foreign entity.

Exemption

Section 150 does not apply to fisheries-related research or survey operations undertaken by an

approved local research institution as specified in a fishing industry notice; or

international organization or agency of which Barbados is a member and conducted in accordance with a detailed international project to which the Government of Barbados has given its formal approval.

(2)

149.

150.

151.

(a)

(b)

144

Application to undertake fisheries-related research

An application to undertake fisheries and fisheries-related research or survey operations in the waters of Barbados shall be made to the Chief Fisheries Officer in such form as may be specified by him and shall be supported by details of the research, survey operations or the proposed activity as follows:

a summary research, operation, or activity including the

title of the project;

reasons and objectives;

start and end dates;

methodology and equipment; and

expected outputs and outcomes including social, economic and environmental benefits;

the likely impacts on the local fisheries resources and their habitats;

details of the crew or team involved in the planned activity;

dimension of the vessel, if applicable;

specification of the engine, if applicable; and

any other information as may be required by the Chief Fisheries Officer or the Minister.

Chief Fisheries Officer may grant or deny permission

Where an application is made in accordance with the relevant section in this Act, the Chief Fisheries Officer in making a decision shall

review the planned activities and the impact assessment;

consult with the stakeholders likely to be impacted by the planned activity; or

seek additional information and comments on the planned activity.

152.

(a)

(i)

(ii)

(iii)

(iv)

(v)

(b)

(c)

(d)

(e)

(f)

153.(1)

(a)

(b)

(c)

145

The Chief Fisheries Officer shall inform the applicant in writing of the decision to either grant or deny permission.

The Chief Fisheries Officer shall, where the application is

approved, attach any conditions of the approval; or

denied, the reasons for the denial.

Conditions of permit

The Chief Fisheries Officer may attach such conditions to any permit granted under subsection (2) as he considers necessary for the protection of the fisheries resources and their habitat.

Any permission granted under this Part shall

be in writing; and

where necessary, be subjected to any or all of the following conditions:

scientific observers or other personnel as the Minister may designate shall be allowed onboard the research or survey vessel and shall be allowed to participate in the research or survey activity both onboard the vessel and on shore;

copies of any raw data generated by the research or survey operations shall be submitted to the Chief Fisheries Officer at the end of the operations or during the course of such operations as the Chief Fisheries Officer may require;

the results and conclusions of the research or survey operations shall be submitted to the Chief Fisheries Officer as soon as practicable following the completion of the operations and in any case no later than the time specified for the submissions of the results and conclusions;

copies of any publications arising out of the research or survey operations shall be submitted to the Chief Fisheries Officer; or

(2)

(3)

(a)

(b)

154.(1)

(2)

(a)

(b)

(i)

(ii)

(iii)

(iv)

146

any other conditions which the Chief Fisheries Officer, in the case of a local entity and the Minister in the case of a foreign entity, deem necessary for the conservation and management of the resource and the protection of the habitat.

The Chief Fisheries Officer or the Minister as the case may be, may grant permission to give exemptions from the conditions set out in subsection (2), if the activity will provide more information for the sustainable management of fisheries.

Where any of the conditions have been breached or permission cancelled, no further permission for fisheries research or survey operations shall be granted to the person or entity concerned until such time as the corrective action has been taken to the satisfaction of the Chief Fisheries Officer, in the case of Barbados registered vessels and the Minister, in the case of foreign registered fishing vessels.

Appeal of the decision of the Chief Fisheries Officer not to grant permission

An applicant who is aggrieved by the decision of the Chief Fisheries Officer may apply to the Minister for a review of the decision.

The Minister may, in reviewing the decision, consider the impact of the planned activity on the fisheries resources and their habitats along with the comments and the recommendations of the Chief Fisheries Officer.

The decision of the Minister shall be final.

Fish taken in course of fisheries-related research and survey operations

No person shall take fish in the course of fisheries- related research or survey operations except with the prior authorization of the Chief Fisheries Officer and in accordance with such conditions as he may impose.

(v)

(3)

(4)

155.(1)

(2)

(3)

156.(1)

147

A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $150 000 or to imprisonment of 2 years or to both.

Offence of undertaking research

A person who undertakes or assists in any fisheries research in the waters of Barbados

without permission given in accordance with the section 150;

in contravention of any condition attached to the permission; or

who sells fish taken in the course of research or fisheries-related research without the permission of the Chief Fisheries Officer,

is guilty of an offence and is liable on conviction on indictment to a fine of $500 000 or to imprisonment for 5 years or to both.

Designation of Fisheries Research Institution

Designation as an approved fisheries research institution

Any local scientific or academic institution desirous of conducting fisheries- related research or surveys in the waters of Barbados on an ongoing basis may apply to the Chief Fisheries Officer is such form as may be specified by him for designation as an approved fisheries research institution.

Approval of a fisheries research institution

The Chief Fisheries Officer may, in consultation with the Minister, designate in writing, the local scientific or academic institution as an approved fisheries research institution for the purposes of conducting fishery research in the waters of Barbados.

(2)

157.

(a)

(b)

(c)

158.

159.

148

Approved fisheries research institution to submit information

An approved fisheries research institution must submit to the Chief Fisheries Officer

prior to the start of the calendar year, a list of research projects to be undertaken within the calendar year;

at the end of the calendar year, a list of research projects undertaken during the year together with a status report on the said projects;

access to the results of any completed research project and any data generated by or during the course of the project;

proof of compliance with such conditions as the Chief Fisheries Officer may require in relation to the proper management of fisheries and the observance of the international obligations to which Barbados is party; and

such other information regarding research projects as the Chief Fisheries Officer may require.

Confidentiality data and information submitted

Any data or information submitted in accordance with the provisions of this Act and any other enactment on data protection, shall be kept confidential.

Test fishing operations permit

No person shall engage in test fishing operations in Barbados waters without first having obtained a test fishing operations permit from the Chief Fisheries Officer.

Application for test fishing operations permit

The application for a test fishing operations permit shall contain

vessel name;

160.

(a)

(b)

(c)

(d)

(e)

161.

162.

163.

(a)

149

place of registry;

particulars of owner or operator;

particulars of crew;

details on intended test fishing operations, including objectives of such operations;

estimated duration of test fishing operations;

environmental impact assessment; and

any other information as may be required by the Chief Fisheries Officer.

Issuing a test fishing operations permit

The Chief Fisheries Officer may, once satisfied that the intended test fishing operations would not pose a detriment to the marine environment and to the local fishing industry, issue the applicant with a test fishing operations permit and record the details of the applicant.

Validity of test fishing operations permit

A test fishing operations permit is valid for one year, and is renewable upon payment of the prescribed fee.

Permission for a Foreign Fishing Vessel to enter local Port

Designation of local ports

The Minister may designate local ports at which foreign fishing vessels may land, transship, process fish, refuel or resupply.

The Minister shall cause the list of all designated ports to be published by notice in the Official Gazette.

(b)

(c)

(d)

(e)

(f)

(g)

(h)

164.

165.

166.(1)

(2)

150

The Chief Fisheries Officer shall share the list of designated ports with recognized international organizations or any State, regional fisheries management organization or fisheries management arrangements on request.

Permission for foreign fishing vessel to enter local port

The entry of a foreign fishing vessel into a designated port without first obtaining permission from the Chief Fisheries Officer is prohibited.

No foreign fishing vessel shall enter any local port other than a designated port.

Application for permission to enter a designated port

The operator or master of a foreign fishing vessel shall apply to the Chief Fisheries Officer for permission to enter the designated port and shall provide the following information:

vessel name;

place of registry;

registration number, date of registration and expiry date;

name of owner or charterer;

details of crew;

catch onboard;

previous fishing areas;

last port of entry;

fishing gear onboard;

present position;

expected time to enter the port; and

any other information that the Chief Fisheries Officer may require to make a determination of the application.

(3)

167.(1)

(2)

168.(1)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

151

The application shall be submitted to the Chief Fisheries Officer no less than 24 hours before entering the port to give enough time to allow a preliminary investigation of the foreign fishing vessel and its activities.

The Chief Fisheries Officer shall, on receipt of the application, assess the application and where necessary conduct an investigation to determine whether the vessel may have been involved in IUU fishing.

Permission to enter a designated port applies to the following:

persons, vessels, vehicles, aircraft, export facilities or other craft or place engaged in or otherwise connected with any activity supporting IUU fishing; and

all fishing and fishing-related activities in support of IUU fishing by nationals, including vessels and persons and all persons onboard such vessels or dealing with them or having any relevant relationship to them or to persons on them, to the extent that it does not conflict with the jurisdiction of another State.

Exemption from the permission obligation

Permission to enter the port is not required in respect of the following:

vessels of a neighbouring State that are engaged in artisanal fishing for subsistence, as long as there is cooperation between Barbados and such neighbouring State to ensure that such vessels do not engage in IUU fishing or IUU fishing-related activities in support of such fishing; and

container vessels that are not carrying fish or, if carrying fish, only fish that have been previously landed at another port, provided that there are no clear grounds for suspecting that such vessels have engaged in IUU fishing or IUU fishing-related activities.

(2)

(3)

(4)

(a)

(b)

169.

(a)

(b)

152

Granting permission to enter a designated port

The vessel shall be allowed to enter port and be subject to the port’s State control by relevant national authorities unless there is reason to believe that a vessel was involved in IUU fishing.

A foreign fishing vessel may enter port without permission only for the purpose of

force majeure or distress; or

rendering assistance to persons, or vessels or aircraft in danger or distress.

Refusal to enter a designated port

Where they are grounds for suspecting that a vessel was involved in IUU fishing, the Chief Fisheries Officer may deny the vessel's entry into port or allow entry exclusively for purposes of inspecting the vessel and taking other appropriate actions such as

denying such vessel the use of its ports for landing, transshipping, packaging; and

the processing of fish and for other port services including re-fueling and resupplying, maintenance and drydocking.

The Chief Fisheries Officer may withdraw his permission to land the catch and use port services if evidence becomes available, when the vessel is in port, that the vessel has been involved in IUU fishing.

Informing flag State of action being taken in respect of IUU fishing

Where a national of a flag State has engaged in IUU fishing, the Minister responsible for Foreign Affairs shall inform the flag State of actions being taken and, as appropriate, also inform other coastal States and regional fisheries management organizations and in some instances the State of which the master is a national.

170.(1)

(2)

(a)

(b)

171.(1)

(a)

(b)

(2)

172.(1)

153

Where Barbados is the flag State, on receiving a report of IUU fishing by a Barbados registered fishing vessel from the port State or other relevant States or organizations, that State or organization may require Barbados to

act on the requests by the port State for information; and

indicate what action is being taken in response to IUU fishing being reported.

The Chief Fisheries Officer may prescribe procedures for inspecting the vessel and inspecting and dealing with the catch while in port.

List of vessels involved in IUU fishing

The Chief Fisheries Officer shall maintain a list of vessels involved in IUU fishing which shall include the details of the vessel and its owner or charterer, crew, catch and gear.

The owner, master or charterer of a vessel that contravenes this section is guilty of an offence and is liable on conviction on indictment to a fine of $500 000 or to imprisonment for 5 years or to both and in addition, liable to the confiscation of the vessel, and catch and shall participate in a fisheries management and protection program, initiative or activity.

Permission to import and release a live fish

No person shall without the written permission of the Chief Fisheries Officer and in accordance with the provisions of this Act

import into Barbados any live fish for the purpose of aquaculture; or

release live fish into a fishing area.

Application for permission to import or release live fish

The application for permission to import or release live fish shall be made to the Chief Fisheries Officer in the specified form and accompanied by the prescribed application fee and such information or documents as the Chief Fisheries Officer may require.

(2)

(a)

(b)

(3)

173.(1)

(2)

174.

(a)

(b)

175.(1)

154

An application referred to in subsection (1), shall be accompanied by an environmental impact assessment report on the effect of the introduction.

The Chief Fisheries Officer shall not approve the release of live fish unless the fish has been kept under observation and control for such period and on such terms and conditions as the Chief Fisheries Officer may prescribe.

Where the Chief Fisheries Officer is satisfied that any fish which has been imported is unsuitable for the purpose of release, the Chief Fisheries Officer may order the fish to be forfeited and destroyed.

The owner of any fish destroyed under this section shall not be entitled to compensation.

Possession and trade in fish, fish product or other marine resources prohibited

The importation, purchase, sale or otherwise trade in fish or fisheries products that have been obtained in contravention of this Act is prohibited.

A person who contravenes this section is guilty of an offence and is liable on summary conviction to a fine of $20 000 or to imprisonment for 3 months or to both and in addition shall participate in a fisheries management and protection programme initiative or activity.

Permission for Barbados Fishing Vessels to Fish on the High Seas

Prohibition of fishing on the high seas without a permit

No Barbados registered fishing vessel or Barbados registered foreign fishing vessel licence shall be used for fishing or fishing related activities on the high seas unless the vessel has a valid high seas fishing permit issued by the Chief Fisheries Officer.

(2)

(3)

(4)

(5)

176.(1)

(2)

177.

155

Application for high seas fishing permit

The owner, charterer or operator of a Barbados registered fishing vessel who intends to fish that vessel on the high seas to apply to the Chief Fisheries Officer for a high seas fishing permit in respect of that vessel in such form as may be specified by the Chief Fisheries Officer and accompanied by

a certified copy of a valid inspection certificate and registration certificate issued in accordance with this Act; and

evidence that the prescribed fees have been paid.

Matters to be considered in granting a high seas fishing permit

The Chief Fisheries Officer may have regard to the following matters in determining whether or not to grant a high seas fishing permit:

the capacity of Barbados to implement its obligations under the FAO Compliance Agreement and the UN Fish Stocks Agreement and with regard to the international fisheries conservation and management measures which are recognized by Barbados;

vessel monitoring and communication system installed on the vessel;

the previous fisheries management compliance of the person applying for the permit; and

any other matters which the Chief Fisheries Officer may consider relevant.

Conditions for denying a high seas fishing permit

The Chief Fisheries Officer shall not issue a high seas fishing permit in respect of a vessel if

that vessel was previously authorized to be used for fishing on the high seas by a foreign State and that the State either suspended or withdrew such authorization because the vessel engaged in activities that are

178.

(a)

(b)

179.

(a)

(b)

(c)

(d)

180.(1)

(a)

156

contrary to the provisions of the laws of that State or the conditions attached to the permission;

the Chief Fisheries Officer is satisfied that Barbados will not be able to exercise effectively its responsibilities under the international agreements to which Barbados is party with respect to that vessel;

such vessel is not duly registered in accordance with this Act;

the vessel in not entitled to fly the flag of Barbados; or

the master of the vessel has a record of conducting IUU fishing.

Subsection (1) does not apply if the

ownership of the vessel has changed since the vessel engaged in activities contrary to the provisions of international fisheries conservation and management measures which Barbados supports; and

new owner has provided sufficient evidence to the Chief Fisheries Officer demonstrating that the previous owner or operator has no further legal, beneficial or financial interest in the vessel.

Conditions for high seas fishing permit

The Chief Fisheries Officer may attach such conditions and restrictions to the High Seas Fishing Permit as are necessary and appropriate to comply with international law of the sea specific to fishing on the high seas, including

the vessel shall not engage in fishing contrary to national laws and international fisheries conservation and management measures;

the vessel owner or operator shall not intentionally drift from the high seas into the jurisdiction of another State to fish or engage in any other activities;

the period, times or particular voyages during which fishing is authorized;

(b)

(c)

(d)

(e)

(2)

(a)

(b)

181.(1)

(a)

(b)

(c)

157

the descriptions, quantities and size of fish which may be taken;

the method of fishing to be undertaken;

the marking of vessel and gear;

a requirement that access be permitted to observers;

a requirement that additional monitoring equipment be carried;

measures to be taken to avoid catching non-target species;

requirements for recording and timely reporting of vessel position, catch of target and non-target species, fishing effort and other relevant fisheries data;

requirements for verifying the catch of target and non-target species;

the stowage of gear; and

any other relevant conditions or restrictions.

A high seas fishing permit is not transferable.

The Chief Fisheries Officer may vary any condition attached to a high seas fishing permit where he is satisfied that it is necessary to ensure compliance with domestic laws and international obligations of Barbados.

Where a Barbados registered fishing vessel is used in contravention of the conditions of a high seas fishing permit, the

master;

owner;

charterer; or

operator,

of the vessel is guilty of an offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(2)

(3)

(4)

(a)

(b)

(c)

(d)

158

Validity of high seas fishing permit

A high seas fishing permit shall be valid for one year.

Where a vessel to which a high seas fishing permit was granted is no longer entitled to fly the flag of Barbados, the high seas fishing permit associated with that vessel shall be void.

Aquaculture or Mariculture Permits

Aquaculture or mariculture permits

A person who is not an owner of a commercial aquaculture or mariculture facility who wishes to engage in aquaculture or mariculture activities in respect of that facility shall obtain, in the case of a

government owned facility, an aquaculture or mariculture permit; or

private owned facility,

written permission from the owner of the commercial aquaculture or mariculture facility; and

an aquaculture or mariculture permit.

Application for aquaculture or mariculture permit

A person shall apply to the Chief Fisheries Officer in the specified form and accompanied by

the prescribed application fee;

written permission from the owner of the commercial aquaculture or mariculture facility, if applicable; and

such other information as the Chief Fisheries Officer may require.

182.(1)

(2)

183.

(a)

(b)

(i)

(ii)

184.

(a)

(b)

(c)

159

Issuing aquaculture or mariculture permit

Where the Chief Fisheries Officer receives an application for an aquaculture or mariculture permit, the Chief Fisheries Officer may issue a permit to engage in aquaculture or mariculture activities where

a commercial aquaculture or mariculture facility licence has been issued in accordance with this Act, in respect of the facility where the aquaculture or mariculture activities will be undertaken; and

the applicant for the permit has provided the Chief Fisheries Officer with sufficient information and analysis, such as would be included in an in-force aquaculture and mariculture management plan.

The Chief Fisheries Officer may issue an aquaculture or mariculture permit, where the Chief Fisheries Officer determines that

the licensed aquaculture or mariculture facility;

type of aquaculture or mariculture operation; and

the management and intended utilization of cultured species,

are consistent with an in-force aquaculture mariculture management plan, and current aquaculture and mariculture policy.

Special Permits

Special permits

The Chief Fisheries Officer may issue a special permit for activities in respect of which

the activity is of a kind necessitating a permit; and

no permit is specified in this Act or any other enactment in respect of the activity.

185.(1)

(a)

(b)

(2)

(a)

(b)

(c)

186.(1)

(a)

(b)

160

Where the Chief Fisheries Officers grants a special permit, the special permit

shall be issued for a period of 3 months; and

may be further extended subject to a written request to the Chief Fisheries Officer for an extension.

A special permit shall be accompanied by relevant terms and conditions as the Chief Fisheries Officer deems necessary.

PART XVIII

CONSTRUCTION, ALTERATION AND CONVERSION OF A FISHING VESSEL

Construction, Alteration and Conversion of a Fishing Vessel of Barbados

Barbados registered fishing vessels to meet prescribed standards

Every vessel constructed in Barbados or imported into Barbados for the purpose of fishing shall comply with national and international fishing vessel safety requirements, to ensure the seaworthiness and safe operation of the vessel, the health and safety of the crew and the quality of the catch.

Construction, alteration and conversion of a Barbados registered fishing vessel

Any person intending to

construct a fishing vessel;

alter a Barbados registered fishing vessel, so that the particulars of that vessel do not correspond to those in the Register of Barbados Fishing Vessels of that vessel;

(2)

(a)

(b)

(3)

187.

188.(1)

(a)

(b)

161

convert an existing vessel into a fishing vessel to be used for commercial fishing; or

import a fishing vessel,

shall apply to the Chief Fisheries Officer for permission to construct, alter, convert or import the vessel.

The application shall contain the details of the construction, alteration, conversion or importation of the vessel as requested by the Chief Fisheries Officer and be accompanied by the prescribed fee.

The Chief Fisheries Officer on receipt of an application under subsection (1), once satisfied that the

design, method and material of construction and equipment of the fishing vessel to be constructed, altered, converted or imported are such as to allow the vessel once completed or imported to comply with the requirements of this Act, and prescribed standards relating to seaworthiness, safety equipment, accommodation of crew and sanitary conditions for a vessel of that category or class; and

construction, alteration, conversion or importation of a fishing vessel would not be contrary to any other enactment made to give effect to the management of any particular fishery,

may give permission in writing for the construction, alteration, conversion or importation of the fishing vessel.

Authority to inspect a vessel under construction, alteration, conversion or importation

The Chief Fisheries Officer shall inspect or cause a vessel to be inspected at any time during the construction, alteration, conversion or importation to ensure that the vessel being constructed, altered, converted or imported is in accordance with requirements of this Act and the prescribed standards for seaworthiness.

(c)

(d)

(2)

(3)

(a)

(b)

189.

162

Suspension or withdrawal of permission to construct, alter, convert or import a fishing vessel

Notwithstanding the issuance of permission to construct, alter, convert or import a vessel to be used in fishing, the Chief Fisheries Officer may, prior to or at any stage in the construction, alteration, conversion or importation of the vessel, suspend or withdraw the permission to proceed with the construction, alteration, conversion or importation of the vessel where

the Chief Fisheries Officer is satisfied on the basis of the opinion of the inspector or on information made available to him that the vessel to be or being constructed, altered, converted or imported would not meet the requirements of this Act and prescribed standards that are aimed to ensure the seaworthiness and safe operation of the vessel, the health and safety of the crew and to maintain the quality of the catch; or

the owner fails to agree or comply with any instructions set out in writing by the Chief Fisheries Officer.

Owner to notify the Chief Fisheries Officer on completion of construction, alteration conversion or importation of a fishing vessel

The owner of a Barbados registered fishing vessel shall notify the Chief Fisheries Officer of the completion of construction, alteration, conversion or importation of the vessel and thereafter the Chief Fisheries Officer shall direct that the vessel be inspected.

Where the vessel

passes the inspection, the Chief Fisheries Officer may issue a certificate of inspection and record the details of the vessel in the register of vessels; or

190.

(a)

(b)

191.(1)

(2)

(a)

163

fails the inspection, the Chief Fisheries Officer may suspend or withdraw permission to construct, alter, convert or import the fishing vessel.

A person who

constructs, alters, converts or imports a fishing vessel without obtaining the permission of the Chief Fisheries Officer is guilty of an offence and is liable on summary conviction to a fine of $10 000 or to imprisonment for 3 months or to both;

continues with the construction, alteration, conversion or importation of a vessel in respect of which permission to construct, alter, convert or import has been suspended or withdrawn is guilty of an offence and is liable on summary conviction to a fine of $25 000 or to imprisonment for 3 months or to both; or

constructs, alters or converts a fishing vessel contrary to prescribed safety standards is guilty of an offence and is liable on summary conviction to fine of $100 000 or to imprisonment for 12 months or to both.

Use of alternative fittings, materials, equipment or machinery

Where this Act requires that a

particular fitting, material, appliance, apparatus or type thereof; or

piece of equipment or machinery,

shall be fitted or carried on a Barbados registered fishing vessel or that any other particular provision be made, the Chief Fisheries Officer may permit any other fitting, material, appliance, apparatus or type thereof, equipment or machinery to be fitted or carried or other provision to be made in the vessel where he is satisfied by trials or otherwise that the alternative is at least as effective as that required by this Act.

(b)

(3)

(a)

(b)

(c)

192.

(a)

(b)

164

Maintenance of equipment and machinery

All equipment and machinery shall be maintained in accordance with the manufacturer's guidelines and specification.

Exemptions

The Chief Fisheries Officer may exempt any vessel from any provision or all provisions of this Act where he is satisfied that compliance with the provision is either impractical or unreasonable.

The exemption referred to in subsection (1) may be issued on such terms as the Chief Fisheries Officer may specify and is subject to the giving of reasonable notice in the event of the alteration or cancellation of the exemption.

Notification of change of ownership

On the sale or change of ownership of a Barbados registered fishing vessel, both the previous owner and the new owner shall, within 14 days of the sale or change of ownership, notify the Chief Fisheries Officer in writing of the change of ownership and the name and address of the new owner, and return the Certificate of Registration to the Chief Fisheries Officer for cancellation.

On receipt of notification under subsection (1), the Chief Fisheries Officer shall cancel the original Certificate of Registration of the vessel and on application, issue to the new owner of the fishing vessel a new Certificate of Registration and record the information in the Register of Barbados Fishing Vessels.

Notification of change in description of vessel

Where a Barbados registered fishing vessel is altered to the extent that it no longer corresponds with the description or particulars either set out in the Certificate of Registration or the Register of Barbados Fishing Vessels and the alterations are not structural, the owner or person acting on behalf of the owner

193.

194.(1)

(2)

195.(1)

(2)

196.(1)

165

shall to notify the Chief Fisheries Officer within 14 days after the alteration and arrange for an inspection of the altered vessel.

Where the Chief Fisheries Officer receives notification of the changes in the description of the vessel, he shall cause the vessel to be inspected to verify the changes.

The Chief Fisheries Officer, where the changes are confirmed, shall record the changes in the Register of Barbados Fishing Vessels and issue a new Certificate of Registration.

Loss or destruction of a Barbados registered fishing vessel or removal from service

The owner of a Barbados registered fishing vessel shall inform the Chief Fisheries Officer of

the loss or destruction of the vessel; or

the removal of the vessel from service,

within 14 days after the event and return the Certificate of Registration issued in respect of the vessel to the Chief Fisheries Officer, and request a cancellation of the registration.

Certificate of deletion

Where the Chief Fisheries Officer receives a certificate of registration and a request from the owner for the cancellation of registration, the Chief Fisheries Officer shall note the cancellation in the register, permanently remove the vessel from the register and issue the owner with a certificate of deletion.

The Certificate of Deletion referred to in subsection (1) shall be in the form specified by the Chief Fisheries Officer.

Notation in the register

Where the Chief Fisheries Officer is satisfied that a Barbados registered fishing vessel has not been used for fishing for a period of 3 years or

(2)

(3)

197.

(a)

(b)

198.(1)

(2)

199.

166

more but there has been no request for a cancellation of the Certificate of Registration of that vessel, the Chief Fisheries Officer may cause a cancellation of registration to be noted in the register and issue a certificate of deletion in respect of the vessel.

Appeals

A person aggrieved by the Chief Fisheries Officer attaching or varying special conditions to a fishing licence in respect of matters under section 199, may, within 21 days of the receipt of notification of that decision, appeal to the Minister, whose decision shall be final.

Certification of Fishing Vessel Builder

Certified fishing vessel builder

A person qualifies as a certified fishing vessel builder where he has

attained the age of 16 years; and

logged 2 years of experience as an apprentice with a local veteran fishing vessel builder; or

acquired professional training and certification at a local, regional or international institution as a boat manufacturer.

Subsection (1) shall not apply to a local veteran fishing vessel builder.

For the purpose of this section, “local veteran fishing vessel builder” means a person who is a national or permanent resident of Barbados with 20 years or more experience in building fishing vessels.

Fishing vessel builder’s certificate of competency

No person shall build a fishing vessel for commercial purposes unless that person holds a fishing vessel builder’s certificate of competency.

200.

201.(1)

(a)

(b)

(c)

(2)

(3)

202.(1)

167

A fishing vessel builder shall carry the Certificate of Competency referred to in subsection (1) during a sea trial of a vessel.

A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $20 000 or to imprisonment for 3 months or to both.

Application for fishing vessel builder’s certificate of competency

An application for a fishing vessel builder’s certificate of competency shall be made to the Chief Fisheries Officer in such form as may be specified by him and accompanied by

the prescribed application fee; and

any other information or documentation required by the Chief Fisheries Officer.

Issuing a fishing vessel builder’s certificate of competency

The Chief Fisheries Officer may issue a fishing vessel builder’s certificate of competency, where he is satisfied that the applicant has satisfied the conditions referred to in section 203.

Production of fishing vessel builder’s certificate of competency

A person who holds a fishing vessel builder’s certificate of competency shall, where so requested by the Chief Fisheries Officer or another authorized officer, produce his Fishing Vessel Builder’s Certificate of Competency for inspection immediately or within 24 hours of the request.

A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $7 000 or to imprisonment for 3 months or to both.

(2)

(3)

203.

(a)

(b)

204.

205.(1)

(2)

168

Suspension or revocation of certificate

The Chief Fisheries Officer may suspend or revoke a fishing vessel builder’s certificate of competency where a fishing vessel builder contravenes or fails to comply with any provision of this Act or any other enactment.

Where a fishing vessel builder’s certificate of competency has been revoked, such certificate shall not be re-issued to that person.

Fishing vessel builder’s certificate of origin

A fishing vessel builder shall issue a fishing vessel builder’s certificate of origin upon completion of the manufacture design, commission, construction, building, repair, refurbishment or modification of a fishing vessel.

A fishing vessel builder’s certificate of origin

shall be required for the sale or export of any fishing vessel built in Barbados; and

may be requested as part of the fishing vessel registration process.

A fishing vessel builder’s certificate of origin shall contain the following:

the name of the fishing vessel builder;

the hull identification number of the vessel;

the hull material details including the quantity of aluminium, fiberglass, steel and wood in the vessel;

the particulars relating to the name and make of the fishing vessel;

the model number of the fishing vessel;

the particulars relating to the beam, draught and length of the fishing vessel; and

the place of construction of the fishing vessel.

206.(1)

(2)

207.(1)

(2)

(a)

(b)

(3)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

169

Fraudulent fishing vessel builder’s certificate of origin

No fishing vessel builder shall prepare or issue a fishing vessel builder’s certificate of origin that contains false or inaccurate information.

A person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

PART XIX

BOAT YARD

Use of boat yard

The owner, agent or master of a fishing boat may request permission from the Chief Fisheries Officer to place the vessel in a State-owned boat yard.

If the Chief Fisheries Officer is satisfied that there is space available in the boat yard and the stipulated fee is paid, the Chief Fisheries Officer may assign a space to the vessel.

The fee for use of a State-owned boat yard shall be determined by the Minister.

Where, in the case of an emergency, a fishing vessel is placed in a State- owned boat yard without permission of the Chief Fisheries Officer, the owner, agent or master of the vessel shall immediately notify the Chief Fisheries Officer and pay the stipulated fee.

The Chief Fisheries Officer may prescribe conditions for the use of the State-owned boat yard.

208.(1)

(2)

209.(1)

(2)

(3)

(4)

(5)

170

PART XX

ABANDONED, DERELICT AND STRAY FISHING VESSELS

Abandoned and derelict fishing vessels

No person shall abandon, store or leave in a derelict condition a fishing vessel on land, coast or at sea.

A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $20 000 or to imprisonment for 3 months or to both.

Reporting, abandoned, derelict or stray fishing vessels

A person may report an abandoned, derelict or stray fishing vessel to the Chief Fisheries Officer.

The Chief Fisheries Officer shall investigate a report made under subsection (1).

Abandoned fishing vessels

A fishing vessel is abandoned where the

vessel owner is unknown or cannot be determined;

person last registered or documented as the vessel owner disclaims ownership and the current vessel owner cannot be determined;

vessel owner has surrendered ownership rights; or

vessel remains unclaimed for 90 days after a notice of vessel abandonment has been posted

on the vessel referred to in the notice; and

to the last known address of the vessel owner in the Register of Barbados Fishing Vessels.

210.(1)

(2)

211.(1)

(2)

212.(1)

(a)

(b)

(c)

(d)

(i)

(ii)

171

An abandoned fishing vessel is a public nuisance and shall be treated as solid waste.

Notice of fishing vessel abandonment

Where, upon the conclusion of an investigation of a report of an abandoned fishing vessel, the Chief Fisheries Officer is satisfied that a vessel is abandoned, he shall

post a notice of vessel abandonment on the vessel; and

send a notice of fishing vessel abandonment by certified mail, with a return receipt, to the registered vessel owner at the registered owner’s last known address as shown on the vessel registration records or any other relevant documentation in relation to the vessel.

A notice of vessel abandonment shall contain the following:

the vessel owner’s name and last known address;

a full description of the vessel;

the location of the vessel;

the intended disposal of the vessel if the vessel is not removed within 90 days after the mailing of the notice; and

a statement that the failure to claim the vessel constitutes a waiver of all rights, title and interest in the fishing vessel.

Removal and disposal of abandoned fishing vessel

Where a fishing vessel remains unclaimed for 90 days after a notice of vessel abandonment has been posted

the Chief Fisheries Officer, in consultation with the Chief Environmental Health Officer, shall ensure the immediate removal of an abandoned vessel; and

(2)

213.(1)

(a)

(b)

(2)

(a)

(b)

(c)

(d)

(e)

214.(1)

(a)

172

the Chief Fisheries Officer may direct the disposal of the vessel by

public auction;

vessel breaking; or

any other means.

Where a vessel is to be disposed of by public auction, the Chief Fisheries Officer shall cause a notice of the public auction to be published twice in a newspaper with daily circulation in Barbados.

Derelict fishing vessel

A fishing vessel is derelict where it is in a dilapidated condition, sunk or is in immediate danger of sinking.

A derelict vessel is a public nuisance and shall be treated as solid waste.

Notice of derelict fishing vessel

Where, upon the conclusion of an investigation of a report of a derelict fishing vessel, the Chief Fisheries Officer is satisfied that a vessel is derelict, he shall

post a notice of derelict vessel on the fishing vessel; and

send a notice of derelict vessel by certified mail, with a return receipt, to the registered vessel owner’s last known address as shown on the vessel registration records or any other relevant documentation in relation to the said fishing vessel.

A notice of derelict fishing vessel shall contain the following:

the vessel owner’s name and last known address;

a full description of the vessel;

the location of the vessel

(b)

(i)

(ii)

(iii)

(2)

215.(1)

(2)

216.(1)

(a)

(b)

(2)

(a)

(b)

(c)

173

the intended disposal of the vessel if not removed within 90 days after the mailing of the notice;

the failure to claim the fishing vessel constitutes a waiver of all rights, title and interest in the vessel; and

any costs for removal or recovery of the derelict fishing vessel will be borne by the fishing vessel owner.

Removal and disposal of derelict fishing vessel

Upon the expiration of 90 days from the date of posting the notice of derelict fishing vessel

the Chief Fisheries Officer, in consultation with the Chief Environmental Health Officer, shall ensure the immediate removal of the derelict vessel; and

the Director may direct the disposal of the vessel.

An owner of a derelict fishing vessel shall be liable for the costs of the removal and disposition of the vessel.

Fishing vessel neglect and unsafe conditions

A fishing vessel owner shall not

allow or leave a fishing vessel on public or private property without the authorization of the property owner;

allow or leave a fishing vessel in a private marina or boat yard without authorization from the owner of such property;

allow or leave a fishing vessel at sea which constitutes a navigational or safety hazard;

allow, permit or cause a fishing vessel to

obstruct a waterway;

endanger life or property; or

(d)

(e)

(f)

217.(1)

(a)

(b)

(2)

218.(1)

(a)

(b)

(c)

(d)

(i)

(ii)

174

create an environmental hazard or nuisance.

A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both and in addition the vessel is liable to be removed and disposed of by the Chief Fisheries Officer.

Breaking of fishing vessels

Breaking of a fishing vessel shall involve the following:

leading the vessel to shore if it is in water;

assessing the contents of the vessel for contaminants prior to vessel breaking of fishing vessel;

locating and isolating all fuel and oil tanks;

checking whether any fuel tanks have any petroleum products or liquid waste;

pumping any remaining petroleum products into barrels for safe disposal;

removing items or objects from the vessel;

safely removing waste from the vessel;

sorting and loading materials into bags for transport to a waste handling facility for disposal;

recycling the engine where it is in good condition; and

demolishing the fishing vessel.

A person who engages in a breaking of a fishing vessel shall take all necessary measures to

ensure that the vessel is safely and environmentally disposed of;

prevent injury and loss of human life;

(iii)

(2)

219.(1)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(2)

(a)

(b)

175

prevent pollution of the environment; and

protect the environment and comply with any occupational, health and safety requirements.

A person who contravenes subsection (2) shall be guilty of an offence and is liable on summary conviction to a fine of $20 000 or to imprisonment for 3 months or to both.

For the purposes of this section, “breaking of a fishing vessel” means the disposal of a fishing vessel by demolition or dismantling.

Destruction of fishing vessels

Where the Chief Fisheries Officer determines that a fishing vessel is to be destroyed, the Chief Fisheries Officer shall request in writing, the destruction of such fishing vessel by the Barbados Coast Guard or an appropriate marine facility.

The disposal referred to in subsection (1) shall be performed in an environmentally safe manner in accordance with waste disposal laws, standards and best practices.

Stray fishing vessel

A stray fishing vessel is a vessel that

is without a boat master or operator in command of the vessel at sea;

constitutes a hazard to navigation; and

is likely to

sink, awash, aground, adrift; or

damage piers, wharves, other vessels or the marine environment.

The Chief Fisheries Officer shall notify the Harbour Master where it receives a report of a stray fishing vessel.

(c)

(d)

(3)

(4)

220.(1)

(2)

221.(1)

(a)

(b)

(c)

(i)

(ii)

(2)

176

A stray fishing vessel is a public nuisance and shall be delivered into the custody of the Harbour Master until claimed by the vessel owner.

Removal or disposal of stray fishing vessel

The Harbour Master shall investigate a report of a stray fishing vessel.

The Harbour Master may

facilitate the temporary mooring of a stray fishing vessel;

order the vessel owner or operator of a stray fishing vessel to properly moor or remove the vessel; or

remove or dispose of a stray fishing vessel.

The Chief Fisheries Officer shall assist the Harbour Master, where necessary, in relation to a stray fishing vessel.

Where the Harbour Master has facilitated the temporary mooring of a stray fishing vessel,

he shall notify the fishing vessel owner and the Chief Fisheries Officer; and

the vessel owner or operator shall reclaim and remove such fishing vessel from the Harbour Master within 21 days from the date of the notification.

The Harbour Master may extend the period for the removal of the temporarily moored fishing vessel.

Where the Harbour Master engages in any activities under this section, no liability shall lie personally against the Harbour Master, officers, agents or employees of the Harbour Master Office.

A vessel owner or operator of a stray fishing vessel shall be, jointly or severally, liable for the costs of the removal and disposal of the vessel.

(3)

222.(1)

(2)

(a)

(b)

(c)

(3)

(4)

(a)

(b)

(5)

(6)

(7)

177

A person who fails to reclaim or remove a temporarily moored fishing vessel within the specified period is liable to an administrative fine of $10 000 and the Harbour Master may remove or dispose of the vessel.

PART XXI

FISH QUALITY AND SAFETY

Competent authority

The Minister responsible for Health is the competent authority for the official control of the safety of fish and fish products for human consumption.

The competent authority shall

monitor the production of fish and fishery products with a view to assessing and eliminating risks to human health;

prescribe and monitor compliance with fish handling, transportation, processing and display standards;

collaborate with other Government agencies in matters related to this section;

inspect and certify fishery establishments where fish and other seafood products are handled for human consumption;

specify conditions for placing of fish and fish products on the market;

outline all procedures to be followed for compliance with provisions under paragraph (e);

maintain a register of approved fish handling establishments;

issue health certification of fish and fish products once the respective requirements are met;

(8)

223.(1)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

178

conduct regular inspection to certify that the establishments are being maintained and operated in accordance with the prescribed standards set out by the competent authority;

monitor health and hygiene conditions, including sampling and analysis of fish and other seafood products, water and other samples indicating the level of hygiene of processing; and

perform such other functions as may be necessary or expedient for food safety conditions of fish products in accordance with regulations under this Act and the Health Services Act, Cap. 44.

The competent authority may designate any of the activities listed in subsection (2) to the Chief Fisheries Officer.

Sale or export of adulterated fish or fish products prohibited

A person who sells or exports fish or fish products intended for human consumption shall comply with the applicable national and international food safety, health and sanitary and phytosanitary standards.

No person shall sell or export fish or fish products, including aquaculture products which

are adulterated;

are contaminated with or contains a poisonous or harmful substance or pathogenic micro-organisms;

have not met applicable food safety standards;

have not been prepared under prescribed sanitary and phytosanitary conditions; or

are otherwise injurious to human health.

A person who knowingly sells or exports adulterated fish or fish products is guilty is of an offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

(i)

(j)

(k)

(3)

224.(1)

(2)

(a)

(b)

(c)

(d)

(e)

(3)

179

Fish and fish products referred to in subsection (3) shall be confiscated by the Chief Fisheries Officer or the Chief Environmental Health Officer and shall be disposed of as the Chief Fisheries Officer or Chief Environmental Officer determines.

Fish waste

The person in charge of a fish establishment or aquaculture or mariculture facility is responsible for the environmentally safe storage and disposal of fish waste, cleaning chemicals, drugs and other chemicals.

A person engaged in the production of fish waste shall ensure that the waste

does not cause an unsightly or offensive condition at the establishment or facility or the environs of such establishment or facility; and

is secured or treated in a manner designed to prevent it from being

blown, washed or swept off the establishment or facility or their environs; or

accessible to birds, vermin or animals.

Where any person fails to fulfil or comply with this section, the Chief Fisheries Officer in consultation with the Minister responsible for Health, shall notify the person in writing of the requirement to take measures to restore the establishment, facility or area to such standard as the Chief Fisheries Officer may specify, within the specified time.

A person who is notified pursuant to subsection (3) by the Chief Fisheries Officer shall comply within the requirements set out in the notification.

A person who contravenes this section is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both and in addition shall pay the cost of restoring the area.

(4)

225.(1)

(2)

(a)

(b)

(i)

(ii)

(3)

(4)

(5)

180

PART XXII

AQUACULTURE AND MARICULTURE

Adoption of aquaculture and mariculture policy

There shall be adopted pursuant to this Part, a policy to be known as the “National Policy on Aquaculture and Mariculture”, which shall guide actions and processes relating to aquaculture and mariculture activities in Barbados.

National Policy on aquaculture and mariculture

The policy referred to in section 226, shall be formulated by the Minister, in consultation with the Chief Fisheries Officer, the Coastal Zone Management Unit (CZMU) and other relevant stakeholders within 12 months after the commencement of this Act.

The policy shall be reviewed by the Minister and must be approved by the Cabinet as an official national instrument to be used in the development of Barbados' aquaculture and mariculture sectors, and upon such approval shall have effect for the purposes of this Act.

The Minister shall cause within 4 years after the commencement of this Act, the evaluation, review and update of the policy.

Aquaculture and Mariculture Management Plan

Adoption aquaculture and mariculture plan

There shall be adopted a plan to be known as the “Aquaculture and Mariculture Management Plan”.

Aquaculture and mariculture activities shall be executed in accordance with

the policy adopted in accordance with this Part;

226.

227.(1)

(2)

(3)

228.(1)

(2)

(a)

181

the plan adopted in accordance with this Part; and

other requirements under this Act and any other enactment.

Implementation of the plan

The Chief Fisheries Officer, in consultation with the CZMU is responsible for the development and implementation of the Plan.

Preparation of the plan

As soon as practicable after the commencement of this Act, the Chief Fisheries Officer, in consultation with CZMU, and other relevant stakeholders shall prepare the Aquaculture and Mariculture Management Plan.

Plan adoption, modification and revocation

After consideration of any submissions in relation to the plan, the Chief Fisheries Officer shall submit the draft plan to the Minister for review and give further instructions, as may be appropriate.

The Minister may

approve the plan with or without amendment; or

refuse to approve the plan and direct the Chief Fisheries Officer to amend the plan.

The Minister shall publish a notice in the Official Gazette of the approval of the plan.

The plan comes into operation on such date as the Minister may specify by notice published in the Official Gazette.

Duration and periodic review of plan

The Minister shall cause a review to be made of the plan no later than 5 years after its commencement.

(b)

(c)

229.

230.

231.(1)

(2)

(a)

(b)

(3)

(4)

232.(1)

182

After review of the plan, the Minister may approve the amendment of the plan.

Binding effect of plan

All persons are bound by an aquaculture and mariculture management plan, that has been adopted in accordance with this Act.

All aquaculture and mariculture activities shall be carried out in accordance with the plan.

The plan may be deviated from where it is necessary for the saving life or protecting the marine environment.

Withdrawal of plan

The Minister may withdraw the plan, where he considers it appropriate to do so.

Where the Minister withdraws the plan, he shall publish a notice of withdrawal in the Official Gazette, and the plan shall cease to have effect on the date of that publication.

The Minister may also take such further steps as he considers appropriate to ensure that the withdrawal of the plan is brought to the attention of interested persons.

The Minister shall, following the withdrawal of the plan, ensure the adoption of a new aquaculture and mariculture management plan, so that an existing plan is not withdrawn unless a prospective plan is prepared and is ready for implementation.

For the purposes of this section,

“interested persons” mean

persons appearing to the Minister to be likely to be interested in, or affected by, the withdrawal of the Aquaculture and Mariculture Management Plan; and

(2)

233.(1)

(2)

(3)

234.(1)

(2)

(3)

(4)

(5)

(a)

183

members of the general public.

Contents of plan

The Aquaculture and Mariculture Management Plan shall include

a statement of the objectives and priorities of the plan and strategies for achieving those objectives;

performance indicators to monitor the extent to which the objectives of the plan are being achieved;

strategies for implementing, monitoring and evaluating the plan;

an identification and description of

areas which are suitable for aquaculture, mariculture and the type of aquaculture, mariculture for which the area is suitable;

suitable methods for undertaking the type of aquaculture or mariculture identified; or

species of fish suitable for aquaculture or mariculture in the area;

requirements or standards for the control of water quality, aquaculture or mariculture waste, escapement, environmental impact assessments and the introduction, transfer and release of fish for purposes related to aquaculture or mariculture;

training and employment schemes in the field of aquaculture and mariculture; and

any other matters concerning aquaculture and mariculture which the Council or Chief Fisheries Officer considers appropriate.

Conformity of aquaculture and mariculture plan to policy

Any national aquaculture and mariculture plan must conform to a national policy on aquaculture and mariculture currently in effect for Barbados.

(b)

235.

(a)

(b)

(c)

(d)

(i)

(ii)

(iii)

(e)

(f)

(g)

236.

184

Aquaculture and Mariculture Investment Schemes

Entry into aquaculture and mariculture investment schemes

The Chief Fisheries Officer may, as directed by the Minister subject to Cabinet’s approval, facilitate entry into investment schemes specific to aquaculture and mariculture.

The Chief Fisheries Officer may, in consultation with interested investors, develop and manage schemes directed at investment for development of Barbados' aquaculture and mariculture sectors.

Binding nature of aquaculture and mariculture investment schemes

An aquaculture and mariculture investment scheme is legally binding on all parties to the scheme where

the terms, conditions and other matters pertaining to the scheme have been agreed to in writing by the parties to the scheme; and

the scheme is validated in accordance with this Act.

Validity of the scheme

An aquaculture and mariculture investment scheme is valid for the purposes of this Act where it is registered with the Fisheries Division.

Particulars of the scheme

The scheme shall detail the following particulars:

parties to the scheme;

duration of the scheme;

scope of activities to be undertaken within the scheme;

rights and responsibilities of all parties to the scheme;

insurance or other form of equivalent financial security for the venture;

237.(1)

(2)

238.

(a)

(b)

239.

240.

(a)

(b)

(c)

(d)

(e)

185

site selection for aquaculture and mariculture opportunity areas;

zoning;

tenure rights in respect of aquaculture and mariculture activities undertaken pursuant to the scheme;

access arrangements, including access by non-party local fishers to surplus of cultured species, if any;

benefit-sharing arrangements;

aquaculture and mariculture, research, training and knowledge transfer;

duty free concessions;

environmental and ecosystem protection and restoration measures, as appropriate;

use of traditional fisheries knowledge in the culturing of species;

specific actions that will be undertaken to promote corporate social responsibility, in furtherance of Part XXVII of this Act;

dispute settlement arrangements; and

any other relevant particulars as determined by the parties to the scheme.

Compliance requirements for parties to schemes

Parties to the scheme shall comply with

national fisheries laws;

an aquaculture and mariculture policy and management plan;

a marine spatial planning requirements;

a maritime boundary and jurisdictional requirements; and

international best practices in the realm of aquaculture and mariculture.

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(n)

(o)

(p)

(q)

241.

(a)

(b)

(c)

(d)

(e)

186

Scheme restrictions

An aquaculture and mariculture investment scheme shall not be concluded where it would be

disadvantageous to the local fishing industry or other marine users or uses; or

otherwise detrimental to the cultural development or environmental, economic or social interests of Barbados.

The Chief Fisheries Officer shall hold stakeholder consultations prior to concluding an aquaculture and mariculture investment scheme.

Where after entering into and operationalizing an aquaculture and mariculture investment scheme, its disadvantages become apparent, the scheme may be temporarily suspended to allow for rectification of the matters causing the identified disadvantages.

Subsection (3) shall not come into effect unless

a request for temporary suspension of the scheme is made in writing to the Chief Fisheries Officer by the affected person or group of persons;

the request is accompanied by reasons and supporting evidence; and

the Chief Fisheries Officer obtains the Minister’s approval to temporarily suspend the aquaculture and mariculture investment scheme.

Where the identified disadvantages cannot be wholly remedied, the Minister shall ensure that an equitable compromise is agreed to in writing, and the aquaculture and mariculture investment scheme is modified accordingly.

242.(1)

(a)

(b)

(2)

(3)

(4)

(a)

(b)

(c)

(5)

187

Aquaculture and Mariculture Miscellaneous

Prohibition of engaging in commercial aquaculture and mariculture without a licence

No person shall

engage in commercial aquaculture or mariculture without a health certificate; or

install or operate a commercial aquaculture or mariculture facility unless that facility is licensed as a commercial aquaculture facility or commercial mariculture facility, as the case may be, in accordance with this Act.

Protection of the ecosystem and traditional access

No person shall engage in commercial aquaculture or mariculture activities which

deprive a local community of its traditional access to fishing grounds; or

cause harm to the ecosystem or fisheries resources.

Responsibility to report infectious diseases

A person who has cause to believe that any fish and fish products from any waters used for aquaculture or mariculture activities are infected with a disease which can reasonably be foreseen to become, or which has become, of epidemic proportions shall notify the Chief Fisheries Officer.

Where the Chief Fisheries Officer is satisfied that there is an infectious disease, he shall give notice in writing to the owner of the aquaculture or mariculture establishment requiring the owner to destroy all fish and fish products or take such other measures as may be specified in the notice.

243.

(a)

(b)

244.

(a)

(b)

245.(1)

(2)

188

A person who receives a notice under subsection (2) shall comply with its requirements at his own expense.

Where a person referred to in subsection (3) fails to comply with a notice referred to in subsection (2), the Chief Fisheries Officer may to enter the relevant facility and take or cause to be taken such measures as may be necessary for complying with the requirements of the notice and any expenses incurred shall be recoverable as a debt due and owing to the State in proceeding before a magistrates’ court for District “A”.

Permission from the Chief Fisheries Officer to move fish

No person shall, without the written permission of the Chief Fisheries Officer,

release or cause to be released into the waters of Barbados any exotic species of fish or any genetically modified fish;

transfer any eggs, fingerlings or seed of exotic or genetically modified species or such adult species of fish from one aquaculture or mariculture establishment to another or from any location to another; or

import or export live fish for the purpose of aquaculture or mariculture.

Notwithstanding subsection (1), the Chief Fisheries Officer may, after an environmental impact assessment has been undertaken, grant subject to such conditions as he may determine, permission to conduct any activity referred to in subsection (1).

A person who contravenes this subsection (1), is guilty of an offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

(3)

(4)

246.(1)

(a)

(b)

(c)

(2)

(3)

189

Chief Fisheries Officer to inspect and seize aquaculture or mariculture produce

The Chief Fisheries Officer may inspect or cause to be inspected any

live fish imported for the purpose of aquaculture and mariculture; or

aquaculture and mariculture produce destined for export.

The Chief Fisheries Officer or an inspector may seize, hold, quarantine, disinfect or destroy any live fish that have been imported or that are destined for import or export for purposes of aquaculture and mariculture, and shall take such measures where it is determined that the species are diseased or highly invasive.

The owner of the fish seized under subsection (2) shall not be compensated for the fish.

Escapement: aquaculture and mariculture stock

A person engaged in commercial aquaculture or mariculture shall take appropriate measures to prevent or minimize the risk of the escape of aquaculture stock into the wild.

Where there has been an escape of aquaculture or mariculture stock or damage to a farming structure, equipment or facility that may lead to the escape of aquaculture or mariculture stock, the operator of the aquaculture or mariculture establishment shall take immediate measures to minimize the damage and to repair any damage caused to the extent possible.

A person engaged in commercial aquaculture or mariculture shall immediately notify the Chief Fisheries Officer of any escape or damage, including the following:

the species of fish affected;

the date or an estimate of the date on which the escape or damage took place;

247.(1)

(a)

(b)

(2)

(3)

248.(1)

(2)

(3)

(a)

(b)

190

the number and biomass or an estimate of the number and biomass of the fish that have escaped;

the age or developmental stage of the fish at the time of their escape and details of the circumstances in which the escape or damage took place; and

any other relevant information,

and shall within 7 days after becoming aware of such escape or damage, notify the Chief Fisheries Officer in writing of the action taken to deal with the escape or damage.

A person who contravenes this section is guilty of an offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both and in addition shall participate in a fisheries management and protection programme.

Restricted use of drug and other chemical

No person shall in a commercial aquaculture or mariculture establishment, use any drug, pharmaceutical, antibiotic or other chemical for the treatment of fish diseases or for the enhancement of fish growth without the written approval of the Chief Fisheries Officer.

A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both and in addition shall participate in a fisheries management and protection program, initiative or activity.

Information on wild and genetically modified species

The Chief Fisheries Officer shall collect information and data on wild and genetically modified species for the purpose of assessing their impact on aquaculture or mariculture, as the case may be.

(c)

(d)

(e)

(4)

249.(1)

(2)

250.

191

Interference with aquaculture or mariculture establishment prohibited

No person shall, unless he is the holder of a valid aquaculture or mariculture licence,

interfere with or harvest the product of an aquaculture or mariculture establishment without the written authority of the licensee;

place any object in the water, or promote or undertake any activity in a manner so as to obstruct an aquaculture operation being carried out by another person;

destroy, damage, displace or alter the position of any equipment lawfully deployed in connection with an aquaculture or mariculture licence; or

without lawful excuse, cause the release of any product of an aquaculture or mariculture establishment.

A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both and shall participate in a fisheries management and protection programme, initiative or activity.

Transboundary aquatic ecosystems

Subject to applicable regional and international law, the Chief Fisheries Officer shall cooperate with other States to ensure protection and preservation of aquatic ecosystems from

escapement of aquaculture or mariculture species into shared bodies of water;

waste from aquaculture and mariculture activities;

diseases that are likely to become or have reached epidemic proportions; and

251.(1)

(a)

(b)

(c)

(d)

(2)

252.

(a)

(b)

(c)

192

effluent that might affect transboundary aquatic ecosystems.

Code of Practice for aquaculture and mariculture activities

The Chief Fisheries Officer shall coordinate the development of a Code of Practice for aquaculture and mariculture activities, which shall provide detailed practical guidance on engaging in aquaculture and mariculture activities.

The Code of Practice shall complement the Aquaculture and Mariculture Management Plan.

Designated areas for acquaculture and mariculture

The Minister, in consultation with the Chief Fisheries Officer and relevant stakeholders, may by order designate areas for aquaculture and mariculture, taking into account any

land use planning requirements, in the case of aquaculture designation; and

marine spatial planning considerations, in the case of mariculture designation.

Where areas are to be designated for the purposes of aquaculture and mariculture, consideration shall be given to whether an aquaculture or mariculture opportunity area has been selected as part of an aquaculture and mariculture investment scheme.

The Minister may designate areas for aquaculture and mariculture outside of an aquaculture or mariculture opportunity area, in order to enable persons not party to an aquaculture and mariculture investment scheme to benefit from aquaculture and mariculture activities.

(d)

253.(1)

(2)

254.(1)

(a)

(b)

(2)

(3)

193

PART XXIII

CLIMATE CHANGE MITIGATION, ADAPTATION AND DISASTER RISK MANAGEMENT IN FISHERIES

Interpretation

For the purposes of this Part,

“CCMADRM” means climate change mitigation, adaptation and disaster risk management.

Fisheries sector CCMADRM policy and plan

There shall be developed by the Chief Fisheries Officer, in consultation with the CZMU, and other relevant stakeholders, a fisheries sector CCMADRM policy and plan for the fisheries sector, including the aquaculture or mariculture sectors.

Binding effect of the CCMADRM Plan

All persons are bound by a lawfully adopted CCMADRM plan, that has been adopted in accordance with this Act.

The CCMADRM Plan may be deviated from where it is necessary for saving life or protecting the marine environment.

Withdrawal of the CCMADRM Plan

The Minister may withdraw the CCMADRM Plan, where he considers it appropriate to do so.

Where the Minister withdraws the CCMADRM Plan, he shall publish a notice of withdrawal in the Official Gazette, and the CCMADRM Plan ceases to have effect on the date of such publication.

255.

256.

257.(1)

(2)

258.(1)

(2)

194

The Minister shall take such further steps as he considers appropriate to ensure that the withdrawal of the CCMADRM Plan is brought to the attention of interested persons.

Following the withdrawal of the CCMADRM Plan, the Minister shall ensure the adoption of a new CCMADRM plan, so that an existing plan is not withdrawn unless a prospective one is prepared and is ready for implementation.

Direct and indirect climatic impacts

The CCMADRM Policy and Plan shall consider the following direct impacts of climate change:

ocean acidification;

changes in sea temperature and circulation patterns;

severe weather events;

sea level rise;

ecological changes;

changes in fish feeding, migration and breeding behaviour;

shifts in distributions of fish species; and

any other directly associated impacts.

The CCMADRM Policy and Plan shall consider the following indirect impacts of climate change:

impacts on fishery productivity;

impacts on fish food security and livelihoods;

safety and security costs incurred in making fishing communities more climate resilient;

adaptation and mitigation costs;

(3)

(4)

259.(1)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(2)

(a)

(b)

(c)

(d)

195

loss or damage to fishery resources with corresponding market impacts; and

any other associated indirect impacts.

Aims of the CCMADRM Policy and Plan

The Minister shall, in consultation with the Chief Fisheries Officer and any other persons competent in climate change matters, develop a climate change mitigation and adaptation plan for the fishing, aquaculture and mariculture sectors, aimed at

addressing the economic impacts on fisheries, aquaculture and mariculture;

addressing the environmental impacts on fisheries, aquaculture and mariculture;

reducing external stressors on natural systems directly and indirectly impacting the marine environment;

identifying and protecting valuable coastal and marine areas;

investments in safer harbours and landings;

promoting disaster risk management;

mainstreaming fisheries, aquaculture, mariculture and national food security into national climate change adaptation policies;

inclusive capacity building, so as not to only include technically focused fisheries-related departments, but also to include the civil sector, in order to facilitate holistic climate planning;

financial mechanisms for climate mitigation and adaptation;

connecting national and regional climate policies and programmes;

recognition of new opportunities for workers in the fisheries, aquaculture and mariculture sectors and promotion of those new opportunities;

(e)

(f)

260.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

196

terrestrial, coastal and marine planning to facilitate future requirements for current coastal activities to shift landwards overtime, to better manage the terrestrial environment and better monitor and control terrestrial environmental activities that impact on the coastal and marine environment and ensure holistic marine environmental protection from inland to sea;

improving safety at sea;

regulating ghost-fishing and addressing the impact of ghost gear;

better international trade practices in fisheries, aquaculture and mariculture, through creating value added fishery products, reducing barriers that constrain competitive fisheries on the international market, and promoting policies that discourage economically non- viable fisheries, aquaculture and mariculture support economic diversification and enhance economic resilience in the fisheries, aquaculture and mariculture sectors;

gender mainstreaming, to adequately address the gendered impact of climate change on women in fisheries, as well as to address gender issues in the fisheries and climate contexts; and

overall climate resilience in fisheries, aquaculture and mariculture.

Climate change resilience building innovation

This Act gives legitimacy to any actions, programmes or initiatives aimed at mitigating, reducing or adapting to climatic impacts on fisheries, aquaculture or mariculture, irrespective of whether those actions, programmes or initiatives are created and developed

at the governmental level;

by an individual fisher;

by a group of fishers within a fishing community; or

by an entire fishing community,

(l)

(m)

(n)

(o)

(p)

(q)

261.(1)

(a)

(b)

(c)

(d)

197

which are based on the international climate legal framework or considered to be established regional climate regimes that cater to local circumstances and are appropriate in the fisheries, aquaculture and mariculture contexts.

Any action, programme or initiative aimed at mitigating, reducing or adapting to the climatic impacts on fisheries, aquaculture and mariculture that is created and developed by

an individual fisher;

a group of fishers within a fishing community; or

an entire fishing community,

shall be afforded the benefits and protections provided under this Act or any enactment related thereto.

Incentives: climate change mitigation

The Minister responsible for Finance may undertake climate change mitigation measures for the purpose of protecting fisheries, aquaculture and mariculture.

The Minister responsible for Finance may contribute to reducing greenhouse gas emissions in the fishing industry through giving incentives

to fishing vessel owners to improve fuel efficiency;

to small scale fishers to switch to sails;

to commercial fishers to use energy efficient vessels;

to all fishers, commercial and non-commercial, to use energy efficient fishing gear; and

for any economically feasible, environmentally sustainable and workable climate mitigation initiatives proposed by an individual fisher, a collective group of fishers within a fishing community or by an entire fishing community.

(2)

(a)

(b)

(c)

262.(1)

(2)

(a)

(b)

(c)

(d)

(e)

198

Emissions reduction from fishing vessels

An owner or operator of a fishing vessel shall, in so far as practicable, seek to reduce emissions from fishing vessels by any or all of the following methods:

improving vessel design;

using eco-friendly coatings to enhance resistance reduction;

using lightweight materials;

employing sophisticated energy management and control systems onboard;

using energy saving electric utilities and batteries;

using supplementary power generation renewable technologies; and

any other methods aimed at improving energy efficiency.

Climate change adaptation in fisheries sector

The Minister, in consultation with the Chief Fisheries Officer, fisherfolk and other key stakeholders in fisheries, aquaculture or mariculture shall take actions to adapt to climate change impacts on fisheries, aquaculture and mariculture including undertaking

capacity building activities to better enable fishers in the process of adaptation;

physical infrastructure adaptation activities, to improve safety at sea, reduce associated risks and address other infrastructural related concerns;

financial improvement adaptation activities, to support more eco- friendly and fuel efficient fishing and aquaculture practices, and improve financial access for fishers so as to cushion any loss or damage

263.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

264.

(a)

(b)

(c)

199

sustained by fishers during natural disasters as well as to enable fishers to restart fisheries work as soon as possible post natural disasters; and

climate policy integration activities, to ensure that climate change adaptation measures are incorporated into fisheries, aquaculture, mariculture and coastal and marine development plans and policies.

Disaster and Emergency Preparedness and Response in Fisheries

Natural disaster and emergency considerations fisheries sector

The CCMADRM Policy and Plan shall contain a natural disaster and emergency component, which shall establish a regime for the fisheries sector in the event of natural and human-induced phenomena or events that have the potential to cause a disaster or a humanitarian emergency, particularly as it relates to phenomena or events which

disrupt the functioning of a fishing community; and

result in casualty, loss or damage of property, infrastructure, essential services or a fisher's means of livelihood.

The CCMADRM Policy and Plan, shall address

natural disasters;

technological disasters directly relating to human activity and consequential to a technological failure or of management; and

complex emergencies resulting from humanitarian crises and for which external aid is needed.

The CCMADRM Policy and Plan shall clearly identify

the natural hazards that local fishing communities are exposed to, in terms of the nature and degree to which fishing communities, assets of fishers and the various activities fishers rely on for their livelihoods, are exposed to the physical effects of disasters and emergencies;

(d)

265.(1)

(a)

(b)

(2)

(a)

(b)

(c)

(3)

(a)

200

disaster exposure in coastal areas, in terms of earthquakes, tsunamis and other geological in origin natural disasters;

the sensitivity of local fishing communities to natural hazards, in terms of the extent to which fishing communities will suffer impacts due to natural hazards; and

the adaptive capacity of local fishers in the face of natural disasters, in terms of the combined resources and strengths available within a fishing community that can contribute to risk reduction or minimize the impacts of a natural disaster.

The CCMADRM Policy and Plan shall address cross cutting issues affecting vulnerability and exclusion in the local fisheries sector, including, but not limited to factors such as

gender;

age;

disability;

HIV/AIDS;

non-communicable diseases; and

chronic poverty and marginalization.

The CCMADRM Policy and Plan shall detail recommendations on restoration in the local fisheries sector after any natural disaster, including restoration of

livelihoods in fisheries;

contributions of fisheries, aquaculture and mariculture to national food and nutrition security;

local economic activity and demand for goods and services in fisheries; and

the safety net function of fisheries.

(b)

(c)

(d)

(4)

(a)

(b)

(c)

(d)

(e)

(f)

(5)

(a)

(b)

(c)

(d)

201

The CCMADRM Policy and Plan shall clearly define emergency response objectives in local fisheries, aquaculture and mariculture with such response focusing on

saving human lives;

protecting and strengthening livelihoods in fisheries, aquaculture and mariculture; and

ensuring that fishers, fishing communities and coastal areas are more resilient in the face of natural disasters and longer term processes of change owing to climate.

The CCMADRM Policy and Plan shall incorporate the key elements of the ecosystem approach to the local fisheries, aquaculture and mariculture sectors, namely the following elements:

community, to ensure support of local fishing communities to enable strength building and capacity building to facilitate the recovery process and transition process to long term development and to promote fisheries contributions to food security and quality;

economy, to ensure financial support of the recovery of the fisheries, aquaculture and mariculture sectors post natural disaster and enable the transition of fisheries, aquaculture and mariculture into long term economic growth and development;

ecological, to ensure recovery of and protection of, marine living resources, the marine environment and coastal areas; and

governance, to strengthen capacity of the Barbados government to improve the legal and institutional framework required for, and essential to, the exercise of responsible fisheries, aquaculture and mariculture.

The CCMADRM Policy and Plan shall cater for

material losses to fishers in the wake of natural disasters or emergencies; and

(6)

(a)

(b)

(c)

(7)

(a)

(b)

(c)

(d)

(8)

(a)

202

non-material losses or aspects of fishers’ livelihoods post disaster or emergency.

The CCMADRM Policy and Plan shall examine key relationships within fishers' livelihoods as part of the livelihood rebuilding and resilience improving processes, particularly key relationships including the

possibilities that fishers have to use the assets at their disposal to gain access to, or convert into, other asset forms;

quality of relationships that fishers have with service providers and institutions, and the extent to which these service providers and institutions are responsive to their needs; and

levels of support that fishers can obtain from institutions, policies and processes,

to ensure that fishers are able to reduce their vulnerability and improve their livelihoods in the face of natural disasters and emergencies.

The CCMADRM Policy and Plan shall holistically address post disaster assessment and recovery in the fisheries, aquaculture and mariculture contexts, including recommendations and measures for disaster and emergency management along the entire fisheries value chain, in relation to the

transferring of fish from its production point to its consumption point;

different actors involved in the fisheries value chain; and

interrelationships linking together different actors and agencies along the fisheries value chain.

The CCMADRM Policy and Plan shall address the impacts of a natural disaster or emergency on the different stages in the value chain, such as impacts on

capture fisheries;

subsistence consumers;

(b)

(9)

(a)

(b)

(c)

(10)

(a)

(b)

(c)

(11)

(a)

(b)

203

harvest from aquaculture and mariculture;

fish landings;

fish processing;

transporting of fish;

sales;

ancillary services; and

fish consumers.

The CCMADRM Policy and Plan shall address preparedness and contingency planning to secure an effective and efficient emergency response in the fisheries, aquaculture and mariculture sectors, and in doing so shall

identify the relevant stakeholders in the preparation of and in response to potential disaster or emergencies that will affect fisheries, aquaculture and mariculture;

identify the relevant stakeholders in ensuring continued policy and management functions in emergency situations in fisheries, aquaculture and mariculture;

analyze the knowledge, attitude, skills and ability profiling in the local fisheries sector to

define human capacity development in the local fisheries, aquaculture and mariculture context;

determine human capacity needs of local fishing, aquaculture and mariculture communities; and

evaluate how capacity development in fisheries, aquaculture and mariculture should be delivered; and

identify an information gathering system to ensure availability of sound information, data and local fisheries knowledge in preparing for and responding to natural disasters and emergencies.

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(12)

(a)

(b)

(c)

(i)

(ii)

(iii)

(d)

204

The CCMADRM Policy and Plan shall address response efforts and approaches aimed at supporting responsible fisheries, aquaculture and mariculture, including the

ecosystem approach to fisheries; and

ecosystem approach to aquaculture or mariculture,

and shall incorporate the principles underlying the ecosystem approach to fisheries and ecosystem approach to aquaculture or mariculture approaches into the emergency response in the fisheries, aquaculture and mariculture contexts.

The CCMADRM Policy and Plan shall cater to flexibility and responsiveness in the planning and implementation of disaster relief and post disaster reconstruction in the fishing, aquaculture and mariculture sectors to ensure an effective and efficient response to vulnerable groups within the said fisheries, aquaculture and mariculture sectors.

The CCMADRM Policy and Plan shall facilitate inclusiveness in decision- making concerning relief and rehabilitation measures, and shall give attention to the engagement and inclusion of vulnerable groups within the local fisheries, aquaculture and mariculture sectors.

The CCMADRM Policy and Plan shall give special attention to gender- related issues in the fisheries, aquaculture and mariculture contexts and shall outline the mechanisms for addressing such gender issues at all phases of the emergency relief and rehabilitation process.

The CCMADRM Policy and Plan shall be designed, developed and implemented with relevant technical experts in

disaster management and emergency planning;

fisheries, aquaculture and mariculture;

gender development and mainstreaming;

legal and policy development; and

any other relevant technical experts.

(13)

(a)

(b)

(14)

(15)

(16)

(17)

(a)

(b)

(c)

(d)

(e)

205

The CCMADRM Policy and Plan shall detail monitoring, control and surveillance mechanisms before and after any disaster.

The CCMADRM Policy and Plan shall be revised and updated as may be required.

PART XXIV

FISHERIES AND ENERGY

Green fishing schemes

The Chief Fisheries Officer shall, in consultation with the Minister responsible for Energy and other stakeholders, develop green fishing schemes aimed at promoting greater renewable energy usage in

wild caught fisheries;

aquaculture and mariculture;

the post-harvest fisheries sector;

fisheries distribution, sales and consumption;

State-owned and private fishing facilities; and

the entire fisheries value chain.

Benefit sharing agreements

The Chief Fisheries Officer shall ensure equitable access and participation by fisherfolk in marine renewable energy activities led by non- fishing industry energy developers, particularly in relation to accessing affordable marine renewable energy resources and products for the fishing industry.

(18)

(19)

266.

(a)

(b)

(c)

(d)

(e)

(f)

267.(1)

206

The Chief Fisheries Officer, in consultation with the Minister responsible for Energy and stakeholders, shall design benefit sharing agreements which shall specify the following:

date;

parties;

context and purpose;

interpretation;

effect, commencement and review;

benefit sharing particulars;

energy performance standards, where applicable;

environmental considerations;

rights in and dealings with energy samples and products, where applicable;

financial arrangements;

acknowledgement and publicity;

record keeping;

confidential information;

indemnity, as applicable;

insurance;

access to fishing areas and premises and records, as applicable;

termination;

dispute resolution; and

general provisions.

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(n)

(o)

(p)

(q)

(r)

(s)

207

Benefit sharing agreements to accompany green fishing schemes

A green fishing scheme shall have a benefit sharing agreement.

PART XXV

GENDER IN FISHERIES

Gender equality, equity and diversity in fisheries programme

The Chief Fisheries Officer, in consultation with the Women in Maritime Association of the Caribbean, Barbados Chapter and other relevant stakeholders shall develop a Gender Equality, Equity and Diversity in Fisheries programme to

explore and enhance the ways in which fisheries offer entry points and a platform to promote gender equality, equity and diversity among women, girls, men and boys;

mainstream gender in fisheries, including aquaculture and mariculture;

encourage more females in sea-going fisheries;

harness knowledge, strengths and contributions of all people in treating to the gender differentiated impacts of climate change in fisheries, and empowering all people in the fisheries sector, regardless of gender, to manage and respond to climate risks and participate in climate mitigation, adaptation and solutions finding;

construct tools such as gender analysis, gender action plan and gender intervention to improve entrepreneurial and negotiating skills, as well as strengthen livelihoods of women, girls, men and boys in fisheries;

support gender relevant, fisheries specific policies and plans of action; and

268.

269.

(a)

(b)

(c)

(d)

(e)

(f)

208

overall promote and integrate gender considerations, as part of sustainable fisheries management and development activities.

Gender reporting in fisheries

The Chief Fisheries Officer or his nominee shall provide an annual report on gender equality, equity and diversity in Barbados' fishing sector to the Bureau of Gender Affairs.

The report shall include

steps taken to mainstream gender in fisheries among women, girls, men and boys;

information on gender sensitive results in the fisheries sector;

details on indicators used to measure gender mainstreaming in fisheries; and

any other relevant fisheries specific gender based data and information.

Gender in fisheries and nationally determined contributions

The Gender Equality, Equity and Diversity in Fisheries Programme shall support the inclusion and implementation of fisheries sector specific gender responsive actions in Nationally Determined Contributions, to strengthen efforts to accelerate sustainable, inclusive and equitable fisheries-related development action.

Collaboration with the Bureau of Gender Affairs

The Chief Fisheries Officer shall collaborate with the Bureau of Gender Affairs, in implementing the provisions of this Part.

(g)

270.(1)

(2)

(a)

(b)

(c)

(d)

271.

272.

209

PART XXVI

FISHERIES COOPERATIVE

Provision for the establishment of a fisheries cooperative

Fisheries cooperatives may be created for the benefit of the fishing industry to

financially empower fishers and aquaculture farmers with limited means;

enable socio-economic transformation in the fisheries, aquaculture and mariculture sectors;

support secure financial benefits for fishers and aquaculture farmers; and

fulfill the common economic goals of the fishing, aquaculture and mariculture sectors.

Main functions of the fisheries cooperative

The fisheries cooperative shall function for the following purposes:

arranging supply of fisheries inputs and equipment;

transferring technology to fishers;

provision of insurance coverage to fishers;

procurement of pond or other freshwater resource leases for inland aquaculture development and sale of fish at a reasonable price;

provision of education and training to fishers;

marketing of fish and fish products and promotion of exports;

provision of consultancy services to fishery cooperative members;

273.

(a)

(b)

(c)

(d)

274.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

210

provision of research and publication services to the fisheries cooperative;

liaison with government and other departments, cooperative institutions and other agencies;

raising capital through share, deposits and borrowings;

providing loans, mortgages and other financial services to fishers;

providing financial assistance to fishers for funeral expenditure;

providing financial assistance to fishers with maternity and paternity expenses; and

securing any other financial benefits to fishers.

Education of fishers on cooperatives

Fishers shall be educated and trained to the fullest extent possible on direct and indirect subject matter related to fisheries cooperatives, as well as in the management and operation of fisheries cooperatives, for the purposes of their general benefit and full participation in any such fisheries cooperative.

PART XXVII

CORPORATE SOCIAL RESPONSIBILITY

Corporate social responsibility action

Companies registered in and operating in Barbados, and foreign entities engaged in fisheries related business in Barbados, may take corporate social responsibility actions to support sustainability efforts in the local seafood sector by

supporting responsible fishing practices;

encouraging environmentally responsible fish farming practices;

(h)

(i)

(j)

(k)

(l)

(m)

(n)

275.

276.

(a)

(b)

211

supporting responsible fisheries management;

setting purchasing quotas for under utilized fish species;

enabling transparency in fisheries and seafood supply chains through establishing and developing traceability systems;

working with government, other relevant fisheries organizations and other key stakeholders to develop a common understanding of the issues plaguing the local fishing sector and partner in addressing such issues;

keeping the public informed about the facts and fictions around fisheries, seafood and sustainability;

facilitating local fish markets in minimizing wastage across fish market sites, including reduction of electricity and water consumption, and greenhouse gas emissions;

actively supporting innovation by local fishers to support the longevity of their livelihoods in fisheries;

participating in fisheries conservation efforts to ensure that future generations can continue to benefit from Barbadian seafood;

otherwise taking initiatives in support of

sound environmental management in fisheries, aquaculture and mariculture;

people and the communities that underpin the local fishing, aquaculture and mariculture sectors;

continued provision of safe and nutritious seafood; and

raising consumer awareness concerning sustainably sourced seafood;

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(i)

(ii)

(iii)

(iv)

212

lending financial support to fisheries research for development or funding for any other development initiatives in the fisheries, aquaculture and mariculture sectors; and

any other corporate and socially responsible actions in support of the continued viability of the local fisheries, aquaculture and mariculture sectors,

to facilitate management and conservation efforts in the local fisheries, aquaculture and mariculture sectors, as well as for the continued development of the overall seafood industry.

Corporate social responsibility reporting

Companies that opt to undertake corporate social responsibility action in the local seafood industry shall publish a corporate social responsibility report, hereafter referred to as a CSR report on such action.

The CSR report shall

detail the company's level of commitment and progress in relation to supporting and advancing the local seafood sector;

be published annually;

contain accurate data;

be supported by external verification; and

be a true reflection of the company's efforts in support of the local seafood industry.

The CSR report shall not be used

to misguide consumers;

to portray a false image of a company's business model, such as portraying social and environmental principles, where such principles are not involved in the company's business model;

(l)

(m)

277.(1)

(2)

(a)

(b)

(c)

(d)

(e)

(3)

(a)

(b)

213

for mere marketing and advertisement purposes for the sole benefit of the company;

in any other form of greenwashing, such as the making of misleading and unsubstantiated claims about the environmental and social responsibility taken by a company in relation to

the fisheries, aquaculture and mariculture sectors; or

to a particular fishery or a given seafood product;

to benefit companies more than it benefits the public; or

to otherwise make corporate social responsibility claims, where such claims are not supported by real corporate social responsibility actions.

Where it is determined that a company's CSR report breaches any of the prohibitions outlined in subsection (3), the Minister upon recommendation of the Chief Fisheries Officer may

seek remedy in the form of mandatory injunction to have the company perform the claimed corporate social responsibility actions;

publish an updated CSR report to reflect corporate social responsibility action or actions executed subsequent to a mandatory injunction, accompanied by a declaration that the updated CSR report is true and accurate and a written and signed statement by a representative in the local fishing industry that received such corporate social responsibility benefit as to the veracity of the updated CSR report; or

issue a public apology.

Implementation of a corporate watch and verification system

The Minister shall, in consultation with the Chief Fisheries Officer and other relevant stakeholders, develop a corporate watch and verification system to ensure transparency by companies engaged in corporate social responsibility activities in the local seafood sector and accordingly ensure that CSR reports are true and accurate.

(c)

(d)

(i)

(ii)

(e)

(f)

(4)

(a)

(b)

(c)

278.

214

Incentives for companies that undertake corporate social responsibility in the local seafood industry

Companies that opt to undertake corporate social responsibility actions in the local seafood industry shall enjoy incentives for their corporate social responsibility efforts and their general contribution to national food security by such said efforts.

The benefits incentives granted to companies shall be balanced against the overall development interests and needs of the local seafood industry and such incentives shall not undermine or in any way compromise development efforts of the local seafood industry.

Companies may propose to the Chief Fisheries Officer their desired incentives for participating in the development of the local seafood industry, to which the Minister shall give due consideration.

The Minister, after approval by the Minister responsible for Finance, may offer incentives to companies participating in the development of the local seafood industry.

The Minister responsible for Finance has the sole discretion to make a final determination as to the incentives to be granted to any company undertaking corporate social responsibility activities in the local seafood industry.

PART XXVIII

FISH AGGREGATING DEVICES

Fish aggregating devices management plan

The Chief Fisheries Officer, in consultation with relevant stakeholders, shall develop a fish aggregating devices management plan as part of large pelagic fisheries, with the aim of ensuring long-term biological and socio- economic sustainability of the fish aggregating devices fisheries.

279.(1)

(2)

(3)

(4)

(5)

280.(1)

215

The FAD Management Plan shall include

an outline of measures to improve fisheries based food security;

a strategy to improve revenue of fishers from FAD fisheries;

measures for reducing fishing pressure on coastal and reef systems;

mechanisms to counteract the negative impacts of FADs and FAD fisheries on the marine ecosystem, including FAD sustainability initiatives;

measures to prevent overfishing from FADs;

pollution management from FADs to mitigate creating marine debris;

effective data gathering methodologies from FAD fishing activities;

a system for FAD equipment repair and maintenance;

licensing, training and certification schemes for FAD fishers;

a framework for formalizing and legitimizing a co-management system for FAD fisheries, that integrates fishing community rights and encourages their equitable participation in FAD management activities;

FAD deployment regulation and control;

a framework for FAD regulation, compliance, monitoring and enforcement; and

any other elements required for the effective management of FADs.

Adoption and implementation of the FAD Management Plan

The FAD Management Plan shall be adopted not more than one year after the commencement of this Act and shall be subject to regulations made under this Act.

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

281.

216

Binding nature of FAD Management Plan

All persons are bound by a lawfully adopted FAD management plan.

All FAD fishing and FAD related activities shall be carried out in accordance with the plan.

The plan may be deviated from where it is necessary for saving life or protecting the marine environment.

Plan duration and periodic review

A FAD management plan is valid for 5 years.

The Chief Fisheries Officer shall periodically review and update the FAD Management Plan as necessary, within the 5 year period.

A new plan may be adopted at the end of a 5 year period, where it is required in the interest of continued sustainable development and relevance to the FAD fishing industry.

Withdrawal of a FAD management plan

Where a FAD management plan is withdrawn, a notice of withdrawal shall be published in the Official Gazette, and the plan ceases to have effect on the date of such publication.

An existing FAD management plan shall not be withdrawn unless a prospective one is prepared and implementation ready.

FAD logbooks

FAD fishers shall maintain a FAD logbook to record FAD fishing information which should be readily available upon request by any authorized person.

282.(1)

(2)

(3)

283.(1)

(2)

(3)

284.(1)

(2)

285.

217

Register of FAD locations

The Chief Fisheries Officer shall maintain a register and site map of all FAD locations in Barbados waters.

FAD registration and licensing

All FADs shall be registered with the Chief Fisheries Officer.

The Chief Fisheries Officer shall maintain separate registers for

government-owned FADs;

private-owned FADs namely, FADs owned by private individuals who are not registered fishers or fishing vessel owners; and

FADs owned by registered fishers and fishing vessel owners.

FAD licences are required for private-owned FADs namely, FADs owned by private individuals who are not registered fishers or fishing vessel owners.

Registered fishers and fishing vessel owners do not require a FAD licence, but are required to register FADs owned by them.

FAD registration and licensing fees

The Minister may, in consultation with the Chief Fisheries Officer, prescribe FAD registration and licensing fees.

286.

287.(1)

(2)

(a)

(b)

(c)

(3)

(4)

288.

218

PART XXIX

FISHERIES, MARINE SPATIAL PLANNING AND MANAGEMENT

Fisheries specific marine spatial planning and management

Fisheries specific marine spatial planning and management activities shall

take into account the requirements in any national enactment on marine spatial planning and any in-force marine spatial plan for Barbados, undertaking any necessary modifications and adaptations as the circumstances may require;

be coordinated within general marine spatial planning and management activities, giving due consideration to the spatial needs of the fisheries sector; and

be developed in respect of

fishery closure areas, including seasonal closures;

no-trawl areas;

critical fisheries and marine living resources habitat designations;

natural and artificial reef areas;

FAD fisheries; and

any other aspect of fisheries that may be considered appropriate for inclusion in fisheries-specific marine spatial planning and management activities.

Planning and management per fishery

A fishery management plan, for each type of fishery, spatial planning and management measures, consistent with section 10, shall also be developed in relation to each type of fishery.

289.

(a)

(b)

(c)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

290.(1)

219

Spatial and temporal considerations shall be factored into general fisheries planning processes.

Fisheries specific marine spatial planning activities may accordingly be subsumed within general fisheries management planning activities, where this is deemed appropriate in the circumstances.

Stakeholder collaboration

The Chief Fisheries Officer shall collaborate with relevant stakeholders in carrying out fisheries specific marine spatial planning and management activities.

PART XXX

FISHERIES-SPECIFIC PAYMENT FOR ECOSYSTEM SERVICES SCHEMES

Economic Diversification of Fisherfolk through Payments for Ecosystem Services

Interpretation

For the purposes of this Part,

“PES” means payment for ecosystem services.

Fisheries specific cash-for-conservation regimes

The Chief Fisheries Officer shall develop, in consultation with relevant stakeholders, fisheries specific PES schemes, also known as cash-for- conservation services, in effort to support economic diversification within the fisheries sector.

(2)

(3)

291.

292.

293.

220

Payment for ecosystem services regime

The PES regime developed pursuant to section 293 shall take into account any other national enactment on payments for ecosystem services, where practicable.

Register of persons participating in the schemes

The Chief Fisheries Officer shall maintain a register of persons participating in fisheries specific PES schemes to ensure effective regulation of such schemes and scheme participants.

Fisheries specific PES scheme requirements

The Chief Fisheries Officer shall publish all relevant information regarding fisheries specific PES schemes in a fishing industry notice.

The information referred to in subsection (1) shall include

objective of fisheries specific PES schemes;

clearly identified sellers;

clearly identified buyers;

clear definition of the fisheries related ecosystem service provided;

matters to be contained in fisheries specific PES contracts;

clearly identified non-compliance penalties;

determination of payments based on costs;

guidance to ensure that cash-for-conservation activities do not create environmental and ecosystem problems; and

all other relevant information.

294.

295.

296.(1)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

221

Approval of fisheries specific PES schemes

The Chief Fisheries Officer shall submit completed fisheries specific PES schemes to the Minister for review and approval.

The Minister shall not approve any fisheries specific PES scheme that

adopts a practice that would have been adopted, regardless of the fisheries specific PES scheme;

may lead to environmental and ecosystem damage in other areas;

may pose a detriment to one or more fisheries, fisheries habitat or other marine living resources;

fails to generate resources required to maintain incentives to service providers; or

does not significantly factor in positive social benefits.

Pilot fisheries specific PES scheme

The Minister may, as a precautionary measure, require the launching of a pilot fisheries specific PES scheme in order to determine whether or not to approve a permanent PES arrangement.

Scope of Fisheries specific PES Schemes

Fisheries specific PES schemes

Fisheries specific PES schemes may relate to any number of activities fisherfolk can engage in for their economic benefit and that will lead to improved marine environmental and marine living resources management, protection, restoration or sustainability, including

fishing for marine litter;

removal of invasive marine flora from the coastal and marine environment;

297.(1)

(2)

(a)

(b)

(c)

(d)

(e)

298.

299.

(a)

(b)

222

restoration and maintenance of fish and marine living resources stocks and habitats;

activities to mitigate and adapt the fisheries sector to climate change impacts;

efforts to improve ocean quality; and

any other marine ecosystem based activities.

PES Training

Training requirements for participants in PES schemes

A participant in the PES scheme shall be trained in order to effectively perform activities related to ecosystem services, and to ensure they carry out such services in a manner that do not lead to unintended consequences for the environment.

Training requirements for participants in PES schemes may be outlined in a code to be known as the “Code of Practice for Persons Participating in Marine PES Schemes”.

The code shall

establish minimum training and certification standards to be met by persons performing functions related to enhancing the production of ecosystem services, terrestrial and marine;

have mandatory training requirements for the award of certification for each type of ecosystem service;

have recommended guidance to assist training providers and training recipients;

promote the use of traditional knowledge, skills and practices, including traditional knowledge in the ecological, scientific, agricultural and biodiversity related context; and

(c)

(d)

(e)

(f)

300.(1)

(2)

(3)

(a)

(b)

(c)

(d)

223

be reviewed and updated as necessary, in consultation with the relevant entities.

Training and certification standards adopted under the code shall

not present a barrier to persons desirous of becoming certified ecosystems services technicians;

be designed with the goals of

empowering people and communities through nature based employment initiatives;

poverty alleviation;

environmental effectiveness; and

social and environmental sustainability; and

be designed with sufficient flexibility to enable easy and progressive transition to higher level training and certification.

Benefit Sharing under PES

Benefit sharing under PES

Benefit sharing from ecosystem services shall be promoted to enhance the management of natural ecosystems from land to sea, through arrangements that generate direct social and economic benefits for local communities, especially rural, coastal and fishing communities and share a responsibility for their management, protection and maintenance.

Benefit sharing under PES arrangements shall

be tailored to the particular type of PES scheme; and

ensure fair and equitable benefits, whether monetary or non-monetary, to people and communities performing the required activities to sustain ecosystem services targeted within the PES arrangement.

(e)

(4)

(a)

(b)

(i)

(ii)

(iii)

(iv)

(c)

301.(1)

(2)

(a)

(b)

224

Benefit sharing arrangements under PES shall be in writing and signed by all parties to the arrangement.

Sustainable Economic Initiatives in the Fishing Industry

Fishing industry sustainable economic development

An individual or group from, or representing the fishing industry may formulate and submit a written proposal to the Chief Fisheries Officer for consideration and adoption of one or more sustainable economic development strategies or initiatives.

The proposed strategy or initiative

shall be

economically viable;

environmentally sustainable; and

beneficial to the collective fishing industry; and

shall not be detrimental to maritime safety and security.

Where the Chief Fisheries Officer determines that the strategy or initiative meets the requirements of subsection (2), the Chief Fisheries Officer after consultation with the Minister, shall coordinate with the individual or group and any other person or entity, as the Chief Fisheries Officer deems fit, to implement the strategy or initiative.

Where the proposed strategy or initiative may require imposition of regulatory measures to ensure proper management, the Chief Fisheries Officer shall ensure the adoption of such regulatory measures, as may be appropriate.

Where the Chief Fisheries Officer, after consultation with stakeholders, considers that the proposed strategy or initiative has a significant positive impact and is beneficial, the Minister may, upon recommendation of the Chief Fisheries Officer, give incentives to the individual or group for their conceptualization or

(3)

302.(1)

(2)

(a)

(i)

(ii)

(iii)

(b)

(3)

(4)

(5)

225

innovation in relation to the strategy or initiative considered by the Chief Fisheries Officer.

PART XXXI

SEA MOSS CULTIVATION

Sea Moss Cultivation Programme and Participants

Barbados Sea Moss Cultivation Programme

There is established a programme to be known as the “Barbados Sea Moss Cultivation Programme” to facilitate commercial sea moss production in Barbados.

Sea moss harvesting

A person desirous of engaging in sea moss harvesting activities shall

be a registered fisher or fishing vessel owner; or

hold a sea moss farmer's permit.

Sea moss post harvest and production

A person desirous of engaging in sea moss post harvest and production activities shall hold a commercial mariculture facility licence.

Register of sea moss cultivation programme participants

The Chief Fisheries Officer shall maintain a register to be known as the “Register of Sea Moss Cultivation Programme Participants”, in which shall be registered persons falling into the categories outlined in sections 304 and 305.

A participant in the programme referred to in subsection (1), may only be registered after submitting the required documentation and paying the prescribed

303.

304.

(a)

(b)

305.

306.(1)

(2)

226

fee and upon payment of the fee shall be issued with a sea moss harvesting certificate.

A participant referred to in subsection (2) may renew his registration by paying to the Chief Fisheries Officer the prescribed fee.

The Chief Fisheries Officer may revoke a sea moss participant certificate or a sea moss farmer’s permit, as the case may be, where a person

engages in sea moss cultivation activities contrary to this Act or any other enactment, guidelines, codes of practice or fishing industry notices;

refuses to pay the programme registration or permit fees, as the case may be;

commits an act of misconduct or engages in any illegal activities while carrying out sea moss cultivation activities; or

deliberately harms fish or other marine living resources or the marine environment while carrying out sea moss cultivation activities.

Instruments and initiatives for sea moss programme participants

The Chief Fisheries Officer, in consultation with relevant stakeholders, may develop appropriate instruments and initiatives for the continued management, development and beneficial interest of persons participating in the Barbados Sea Moss Cultivation Programme.

Reporting requirements

A Participant in the sea moss cultivation programme shall record their activities in a record book in this Act called a “Sea Moss Record Book” kept for the purpose.

The book referred to in subsection (1) shall be in a form specified by the Chief Fisheries Officer in a fishing industry notice.

(3)

(4)

(a)

(b)

(c)

(d)

307.

308.(1)

(2)

227

Participants in the sea moss cultivation programme shall make their sea moss record book available to the Chief Fisheries Officer or any person authorized in writing by the Chief Fisheries Officer upon request.

A sea moss record book may be in a written format or an electronic format.

Restrictions on sea moss cultivation activities

Subject to any enactment made under this Act and a sea moss cultivation agreement to which Barbados is a party, all sea moss cultivation activities shall be restricted to Barbados waters.

Fishing for sea moss under a high seas fishing permit

A person who wishes to fish for sea moss on the high seas shall make an application to the Chief Fisheries Officer for a high seas fishing permit for that purpose.

The Chief Fisheries Officer may upon payment of the prescribed fee grant to the applicant referred to in subsection (1), a high seas permit.

The applicant shall comply with the conditions attached to the permit.

Sea Moss Cultivation Regulation

Sea moss cultivation code of practice

The Chief Fisheries Officer, in consultation with stakeholders shall develop a Barbados sea moss cultivation code of practice to assist in the effective regulation of the sea moss industry.

The code referred to subsection (1) shall include

development objectives specific to the national sea moss industry;

mandatory requirements for sea moss cultivation from harvesting to post harvesting, including

site selection;

(3)

(4)

309.

310.(1)

(2)

(3)

311.(1)

(2)

(a)

(b)

(i)

228

materials sourcing;

vegetative propagation methods;

marine plot care and maintenance;

environmentally safe pests and diseases management;

harvesting;

processing; and

human element, maritime safety, security and marine environmental protection considerations; and

guidelines and recommended practices to support the mandatory requirements specified in the code.

PART XXXII

ILLEGAL, UNREPORTED AND UNREGULATED FISHING

IUU fishing

A person who

engages in IUU fishing activities within the fishing waters of Barbados;

depletes fish stocks within the fishing waters of Barbados;

causes a detriment to the local marine ecosystem and undermining national fisheries conservation and management measure;

deprives legitimate fishers legally operating within the fishing waters of Barbados of their livelihood; or

threatens the national food security

is guilty of an offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(viii)

(c)

312.(1)

(a)

(b)

(c)

(d)

(e)

229

No owner or operator of a Barbados registered fishing vessel shall engage in activities in the waters of a foreign country in breach of subsection (1).

An owner or operator who contravenes subsection (2) is guilty of an offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

Vessels to which IUU fishing apply

This Part applies to all vessels, whether fishing vessels or not, including

vessels not entitled to fly the flag of Barbados that are seeking entry into its ports;

vessels not entitled to fly the flag of Barbados that are in its ports;

vessels not entitled to fly the flag of Barbados that are in its fishing waters;

national and foreign vessels in the fishing waters of Barbados, without the permission of Barbados and in contravention of its laws and regulations;

vessels flying the flags of States that are party to any regional fisheries management organization to which Barbados is a party, but are operating in contravention of the fisheries conservation and management measures adopted by that organization, or provisions of applicable international law; and

vessels violating national laws on international obligations, including those undertaken by cooperating States to a relevant regional fisheries management organization to which Barbados is a party.

Notwithstanding subsection (1), this part does not apply to

vessels of neighbouring States of Barbados that are engaged in artisanal fishing for subsistence, where Barbados and the neighbouring State or States concerned have an agreement and measures are in place between

(2)

(3)

313.(1)

(a)

(b)

(c)

(d)

(e)

(f)

(2)

(a)

230

Barbados and the neighbouring State or States concerned to ensure that such vessels do not engage in IUU fishing or fishing related activities; and

container vessels entering the ports of Barbados, or, are in the ports of Barbados, that are not carrying fish, or, if carrying fish, only fish that have been previously landed, provided that there are no clear grounds for suspecting that such vessels have engaged in fishing related activities in support of IUU fishing.

Unreported fishing

A person who

fails to report or gives a false or misleading report of fishing activities conducted in the waters of Barbados; or

undertakes fishing activities in contravention of reporting procedures required under this Act or any other enactment or in contravention of reporting procedures stipulated by any regional fisheries management organization to which Barbados is party,

is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

Unregulated fishing activities

A person who engages in unregulated fishing activities

in the area of application of a relevant RFMO to which Barbados is party;

by vessels without nationality, or by those flying the flag of a State not party to the Regional Fisheries Management Organization to which Barbados is party;

by a fishing entity,

(b)

314.

(a)

(b)

315.

(a)

(b)

(c)

231

in a manner that is contrary to the conservation management measures of the regional fisheries management organization to which Barbados is party is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

Information to be provided in advance by vessels requesting port entry

All vessels requiring port access to Barbados shall provide the following information:

reasonable advance notice of their intended port entry;

estimated date and time of arrival;

purpose of entry;

port and date of last port call;

name of vessel;

flag State;

type of vessel;

international radio call sign;

vessel contact information;

vessel owner or owners;

a copy of any required fishing authorization;

details of fishing trip;

quantities of fish onboard;

certificate of registry identification;

IMO ship identification, if available;

external identification, if available;

RFMO identification, if applicable;

316.(1)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(n)

(o)

(p)

(q)

232

VMS data;

vessel dimensions;

vessel master name and nationality;

relevant fishing organizations;

relevant transshipment authorizations, if any;

transshipment information concerning donor vessels;

total fish catch onboard, including origin, species, form and quantity;

fishing gear type and quantity; and

any other information required by national authorities, regional fisheries management organization or organizations to which Barbados is party, or required under any other international agreements to which Barbados is party,

in order to determine whether the vessel may have engaged in, or supported, IUU fishing activities.

Where there is cogent evidence that a vessel having been granted access to Barbados' ports have engaged in IUU fishing activity, that vessel shall not be allowed to land or transship fish in Barbados and the matter shall be immediately reported to the vessel's flag State.

Inspection procedures in relation to IUU fishing

A fishery protection officer, when conducting inspections in respect of IUU fishing, shall

verify that the vessel identification, documentation onboard and information relating to the vessel owner is true, complete and correct, including through appropriate contacts with the flag State or international records of the vessel, if necessary;

verify that the vessel's flag and markings, such as the vessel's name, external registration number, International Maritime Organization ship

(r)

(s)

(t)

(u)

(v)

(w)

(x)

(y)

(z)

(2)

317.(1)

(a)

(b)

233

identification number, international radio call sign and other markings and main dimensions are consistent with information contained in the documentation;

verify that the authorizations for fishing and fishing-related activities are true, complete, correct and consistent with the information provided in accordance with section 316;

review all other relevant documentation and records held onboard, including, to the extent possible, those in electronic format and VMS data from the flag State or relevant regional fisheries management organizations, such relevant documentation including logbooks, catch, transshipment and trade documents, crew lists, stowage plans and drawings, descriptions of fish holds, and documents required pursuant to the Convention on International Trade in Endangered Species of Wild Fauna and Flora CITES Convention;

examine all relevant fishing gear onboard, including gear stowed out of sight as well as related devices, verify that they are in conformity with the conditions of the authorizations and ensure that features such as the mesh and twine size, devices and attachments, dimensions and configuration of nets, pots, dredges, hook sizes and numbers are in conformity with applicable fisheries laws and regulations and that the markings correspond to those authorized for the vessel;

determine whether the fish onboard was harvested in accordance with the applicable authorizations;

examine the fish, including by sampling, to determine its quantity and composition and inspections of product type and determination of nominal weight;

evaluate whether there is clear evidence for believing that a vessel has engaged in IUU fishing or fishing related activities in support of such fishing;

(c)

(d)

(e)

(f)

(g)

(h)

234

provide the master of the vessel with the report containing the result of the inspection, including possible measures that could be taken, to be signed by the inspector and the master; and

arrange, where necessary and possible, for translation of relevant documentation.

Notwithstanding the provision of subsection (1)(e), the master's signature on the report shall serve only as acknowledgement of the receipt of a copy of the report.

Where the master of a vessel has difficulties understanding the report to which subsection (1)(e) applies, the master shall be given the opportunity to make comments or objections to the report and to contact the relevant authorities of the flag State of the vessel for assistance.

Reporting requirements for inspection results

A fishery protection officer shall, in reporting the results of the inspection, set out the following in the inspection report:

inspection report number;

inspecting authority;

name of principal fishery inspector;

port or place of inspection;

commencement and completion of inspection;

advanced notification received;

the purpose of the inspection;

port, State and date of last port call;

vessel name, flag State and type of vessel;

international radio call sign;

Certificate of registry identification;

(i)

(j)

(2)

(3)

318.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

235

IMO ship identification and external identification, if available;

port of registry;

vessel owner and vessel beneficial owner , if known and different from the vessel owner;

vessel operator, if different from vessel owner;

vessel master name and nationality;

fishing master name and nationality;

vessel agent;

VMS data;

status in Regional Fisheries Management Organization areas where fishing or fishing-related activities have been undertaken including any IUU fishing vessel listing;

relevant fishing authorization;

relevant transshipment authorization;

information on

quantity of offloaded catch;

quantity of catch retained onboard;

log-books and other documentation examined;

compliance with applicable catch documentation scheme;

compliance with applicable trade information scheme;

type of gear used;

gear examined in accordance withsection 317(e);

findings by the fishery protection officer or officers conducting the inspection;

(l)

(m)

(n)

(o)

(p)

(q)

(r)

(s)

(t)

(u)

(v)

(w)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(viii)

236

apparent infringement or infringements noted, including reference to relevant legal instrument or instruments.

comments by the master and master's signature;

action taken by the fishery protection officer or officers concerned; and

fishery protection officer's signature.

Training of fishery protection officers engaged in IUU fishing inspections

There shall be developed for fishery protection officers a training programme to ensure that such fishery protection officers conduct IUU fishing inspections in accordance with international best practice and standards and in accordance with national laws.

The training referred to in subsection (1) shall comprise

ethics;

health, safety and security issues;

applicable national, regional and international laws and regulations, areas of competence and conservation and management measures of the relevant regional fisheries management organizations;

general inspection procedures, including reporting, writing and interview techniques;

information analysis, including information from log-books, electronic documentation and vessel history including name, ownership and flag Sate, required for validation of information provided by the master of the vessel;

vessel boarding and inspection, including holding inspections and calculation of vessel hold volumes;

(ix)

(x)

(xi)

(xii)

319.(1)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

237

verification and validation of information relating to landings, transshipments, processing and fish remaining onboard, including utilization of conversion factors for the various fish species and products;

identification of fish species, and the measurement of length and other biological parameters;

identification of vessels and gear, and techniques for the inspection and measurement of gear;

equipment and operation of VMS and other electronic tracking systems; and post-inspection actions.

IUU fishing beyond national jurisdiction

Where in the course of an inspection, it is discovered that there are reasonable grounds to believe that a vessel has engaged in or supported IUU fishing activities beyond the maritime jurisdiction of Barbados, national authorities shall immediately report the matter to the flag State of the vessel, and where appropriate, the relevant coastal States and regional fisheries management organization.

Barbados may take any other action with the consent of or upon the request of the flag State.

Duty of confidentiality in relation to IUU fishing

For the purposes of sections 316 and 317, national authorities of Barbados shall ensure the confidentiality of information collected, in accordance with this Act or any other enactment.

(g)

(h)

(i)

(j)

320.(1)

(2)

321.

238

Penalties for illegal, unreported and unregulated fishing and related activities

Any person who engages in or attempts to engage in IUU fishing or related activities is guilty of an offence and liable on summary conviction to a fine $50 000 or to imprisonment for 6 months or to both.

PART XXXIII

TRANSSHIPMENT OF FISH

Interpretation

In this Part,

“donor vessel” means any vessel engaged in a transshipment operation that transfers any quantity of fish onboard to another vessel;

“fish” means all species of living marine resources that have not been previously landed, whether processed or not;

“fishing related activities”

means any operation in support of, or in preparation for, fishing; and

includes

the landing, packaging, processing, transshipping or transporting of fish that has not been previously landed at a port; and

the provisioning of personnel, fuel, gear and other supplies at sea;

“landing”

means all transfers of any quantity of fish onboard from a vessel, other than transshipment,

322.

323.

(a)

(b)

(i)

(ii)

(a)

239

includes

transfers of fish to a port facility;

transfers of fish from one vessel to another through a port facility or other means of transportation; and

transfers of fish from a vessel to a container, truck, train, aircraft, or any other means of transportation;

“MCS” means monitoring, control and surveillance;

“receiving vessel” means any vessel engaged in a transshipment operation that receives any quantity of fish from another vessel;

“transshipment” means the direct transfer of any quantity of fish onboard from one vessel to another vessel regardless of the location of the event, without the fish being recorded as landed.

Guidelines to prevent IUU fishing from fish transshipment activities

The Minister shall, after consultation with the Chief Fisheries Officer, provide guidelines to prevent IUU fishing from fish transshipment activities

to ensure conformity with the relevant rules of international law;

to ensure that all movement of fish as transshipped and other related activities are properly documented;

to ensure that donor and receiving vessels are appropriately authorized to engage in transshipment operations;

to include transparent reporting procedures to facilitate pre-event and post-event verification of authorization and transshipment data;

to ensure a risk based approach so that measures are prioritized and proportional with identified risks, and are designed to reduce and mitigate those risks effectively;

to require electronic reporting and encourage electronic monitoring, where feasible; and

(b)

(i)

(ii)

(iii)

324.(1)

(a)

(b)

(c)

(d)

(e)

(f)

240

to ensure that transshipment events are adequately regulated, authorized, monitored and complemented by port State and coastal State measures or flagged State actions to landing of transshipped fish, and support traceability, where possible.

Subsection (1) does not apply to aquaculture products.

Authorization of transshipment of fish

A person who wishes to transship fish which have not been previously landed, whether processed or not shall obtain a fish transshipment licence.

A fish transshipment licence may be granted in the following categories:

donor fish transshipment licence, for donor vessels; or

receiving fish transshipment licence, for receiving vessels.

A person who wishes to obtain a fish transhipment licence may apply to the Chief Fisheries Officer in such form as he approves.

No Barbados registered fishing vessel may act as both donor and receiving vessel for any given period beginning with a port exit and ending with the next port entry.

Where the owner of a Barbados registered fishing vessel wishes to switch to donor vessel, if presently acting as receiving vessel, or switch to receiving vessel, if presently acting as donor vessel, that owner shall apply to the Chief Fisheries Officer to have his donor fish transshipment licence or receiving fish transshipment licence, as the case may be, revoked, and after such revocation apply for the licence desired.

Nothing in this Part prevents a donor and receiving vessel from transshipping in cases of force majeure or distress.

The donor and receiving vessel shall report the transshipment activities using the declaration containing information on vessels, catches and activities including relevant elements specified in the fishing industry notice.

(g)

(2)

325.(1)

(2)

(a)

(b)

(3)

(4)

(5)

(6)

(7)

241

A Barbados registered vessel shall only engage in transshipment if it has an approved functioning vessel monitoring system onboard.

The Chief Fisheries Officer shall ensure that donor and receiving vessels are included in all vessel authorization records of relevant RFMO and where applicable, the Global Record of Fishing Vessels, Refrigerated Transport Vessels and Supply Vessels.

Only donor and receiving vessels entitled to fly the flag of a contracting party or a cooperating non-contracting party of a specific RFMO may be authorized to conduct transshipment activities with Barbados registered vessels subject to the regulatory competence of that RFMO.

The authorization records of donor and receiving vessels shall comply with the rules established by that RFMO.

No transshipment of fish shall be carried out by a Barbados registered vessel in areas beyond the national jurisdiction of Barbados, except the vessel owner or operator holds

a donor fish transshipment licence or receiving fish transshipment licence, as the case may be;

an Area Beyond National Jurisdiction Fish Transshipment Permit; and

written authorization from the relevant coastal State or port State, if the transshipment is to take place in waters or in a port of a State other than Barbados.

The Chief Fisheries Officer shall ensure that transshipment activities subject to the regulatory competence of an RFMO are only authorized where both the donor and receiving vessels have been included in the relevant authorized vessel lists by their respective flag States.

Transshipment is prohibited if any of the vessels involved is included in IUU fishing vessel lists established by relevant RFMO.

(8)

(9)

(10)

(11)

(12)

(a)

(b)

(c)

(13)

(14)

242

The Chief Fisheries Officer shall ensure that all donor and receiving vessels eligible to receive an IMO number shall be required to have such number in order to be authorized by the flag State regardless of the location of the event.

The IMO number referred to in subsection (15) shall be made readily available to all relevant States and relevant international organizations.

The Chief Fisheries Officer shall, in consultation with stakeholders, adopt measures to control transshipment of fish.

Measures controlling transshipment of fish shall be implemented to include specific criteria for the receipt of authorizations by vessels to transship, including

the conditions under which a flag State authorizes Barbados registered vessels to transship;

the conditions under which a coastal State or port State authorizes vessels to transship in areas under its national jurisdiction;

the MCS measures that must be in place for fish transshipment to occur;

data collection and reporting requirements; and

ensuring that transshipment is conducted consistent with the management regime of the relevant RFMO and the flag State, relevant coastal State and port State.

The Chief Fisheries Officer may only authorize Barbados registered vessels to be involved in transshipment of fish when its competent MCS authorities have the capacity to monitor and control the transshipment, including by applying risk assessments separately for fish transshipments in port and at sea.

Where fish is to be landed or transshipped in a port, Barbados registered vessels shall use designated ports of States that are acting in accordance with or in a manner consistent with the Agreement on Port State Measures to Prevent, Deter or Eliminate Illegal Unreported and Unregulated Fishing.

(15)

(16)

(17)

(18)

(a)

(b)

(c)

(d)

(e)

(19)

(20)

243

Standard notification and reporting

An owner or operator of a Barbados registered vessel shall report to the Chief Fisheries Officer, in an agreed format, information relating to fish transshipment events involving Barbados registered vessels such as notifications and authorizations, transshipment and landing declarations and observer reports.

An owner or operator of a Barbados registered vessel shall streamline notification and reporting requirements in a manner that does not undermine the effectiveness of measures indicated in this Part.

Pre-event notification and verification

The Chief Fisheries Officer shall ensure that all Barbados registered vessels intending to carry out fish transshipments, as either a donor or receiving vessel, provide

advance notifications of the intent to proceed with a specific transshipment event to the Chief Fisheries Officer; and

the relevant RFMO as soon as possible, and on a timeline that will support effective MCS.

The donor vessel shall report quantities of fish onboard prior to the transshipment event, as well as quantities to be transshipped, including regulated and unregulated species, and any by catch.

The receiving vessel shall report the quantities of fish onboard prior to the transshipment event, including regulated and unregulated species, and any by catch and the quantities of transshipped fish shall be reported by species and product form and catch area.

The advance notification from donor and receiving vessels shall also include the date, time and location of the planned transshipment event.

Upon receipt of an advance notification of fish transshipment from a donor vessel and prior to acknowledging and confirming that the operation could

326.(1)

(2)

327.(1)

(a)

(b)

(2)

(3)

(4)

(5)

244

proceed, the Chief Fisheries Officer shall verify the vessel's compliance with relevant conservation and management measures and MCS measures, including near real-time VMS reporting, and other applicable electronic monitoring and observer coverage requirements.

The Chief Fisheries Officer shall ensure that Barbados registered donor vessels provide regular reporting about fishing since its last port exit, including catch and effort data for the specific transshipment event to proceed.

All donor and receiving vessels intending to conduct fish transshipment subject to the regulatory competence of an RFMO shall notify that particular RFMO when they enter and exit the RFMO area of competence based on the respective RFMO measures.

Nothing in this section supersedes Port State responsibility in instances where fish transshipment is carried out in port.

Post-event reporting

All donor and receiving vessels involved in transshipment of fish shall

log the event with the Chief Fisheries Officer; and

provide a transshipment declaration, containing information on vessels, catches and activities in the forms as set out in the Fourth Schedule,

which shall be submitted to all relevant competent authorities and the relevant RFMO, as soon as possible and on a timeline that will support effective MCS, and before any landing or subsequent transshipment is authorized.

Barbados registered vessels shall maintain onboard records that include each transshipment declaration and a copy of the declaration shall accompany the transshipped fish on the receiving vessel.

Where transshipment of fish is independently monitored by an observer, the observer shall provide a report for all transshipment events, regardless of

(6)

(7)

(8)

328.(1)

(a)

(b)

(2)

(3)

245

location of the event to the port or to the Barbados Coast Guard and the relevant RFMO as soon as possible and on a timeline that will support effective MCS.

Observer reports in respect of Barbados registered vessels shall be examined by the Chief Fisheries Officer.

Where the observer reports discrepancies on the data reported by the masters of the donor and receiving vessels or possible non-compliance with applicable rules, the Chief Fisheries officer shall take the appropriate control measures.

The owner or operator of the donor vessel and the receiving vessel shall, as part of the transshipment declaration, report the

quantities of fish transshipped as well as the quantities of fish onboard following the transshipment using information on vessels;

catches and activities, including relevant elements specified in the fishing industry notice;

quantities of fish reported by species, product form and catch area; and

the date, time and location of the transshipment.

Information on landings and transshipments of fish harvested subject to the regulatory competence of a relevant RFMO shall be reported to that specific RFMO in accordance with its rules.

The pre-notification and post event reporting procedures for transshipment shall be in an electronic form where practicable.

The notifications, declarations, reports and registers shall be available to support the monitoring, regulation and reporting, which shall be made available in case of inspection or by requirement of the port of landing.

Follow up procedures

The Chief Fisheries Officer shall, in consultation with the stakeholders, establish procedures to cross reference all reported transshipment

(4)

(5)

(6)

(a)

(b)

(c)

(d)

(7)

(8)

(9)

329.(1)

246

data from Barbados registered vessels, flag States, coastal States, port States, RFMO, inspectors and observers.

This procedures to cross reference referred to in subsection (1), may be completed in accordance with the laws of a flag State, a coastal State or a port State for transshipments that occur in areas under its national jurisdiction and relevant RFMO, as appropriate, giving due consideration to confidentiality.

Landings, in relation to transshipment, should be accompanied by declarations containing information on vessels, catches and activities, including relevant elements specified in the fishing industry notice and such declarations shall be required for the exemption referred to in Article 3 (1)(b) of the Port State Measures to Prevent, Deter or Eliminate Illegal Unreported and Unregulated Fishing.

The Chief Fisheries Officer shall, in consultation with stakeholders, develop specific reporting procedures to collect and cross reference data and information on the quantity of fish landed, by species, product form, area or country of origin.

The Chief Fisheries Officer shall, in consultation with relevant stakeholders

establish procedures to follow up on enforcement against infractions by Barbados registered vessels involved in fish transshipment, including prosecution and the levying of effective and deterrent penalties or other sanctions;

where appropriate place vessels on lists of vessels involved in IUU fishing; and

report the follow up on the relevant competent authorities and relevant RFMO.

A compliance review process of RFMO shall assess all obligations related to fish transshipments, including vessel authorizations, transshipment notifications, reporting and cross referencing of transshipment data.

(2)

(3)

(4)

(5)

(a)

(b)

(c)

(6)

247

Monitoring

The Chief Fisheries Officer shall require Barbados registered vessels that receive fish from more than one donor vessel to store the fish and related documentation from each donor vessel separately and such documentation should be provided to the relevant port and coastal State authorities when required.

The fish shall be stowed in such a manner as to enable the relevant port and coastal state authorities to distinguish from which donor vessel each part of the fish onboard comes.

The Chief Fisheries Officer shall require that the receiving vessel maintain an up-to-date stowage plan and other documents showing the location and the quantities of species received from each donor vessel.

All documentation relating to receipt of fish from more than one donor vessel shall be made available to the relevant competent authorities and retained on board until the vessel has been unloaded completely.

All donor and receiving vessels authorized to conduct transshipment of fish shall maintain an approved VMS onboard which shall be fully functional at all times and transmitting VMS information from port exit to port entry.

The Chief Fisheries Officer shall, in consultation with stakeholders, establish a system to monitor the data transmitted to allow effective MCS.

The Chief Fisheries Officer shall, in consultation with stakeholders, develop procedures to allow VMS data to be reported to relevant competent authorities and if applicable to RFMO, as near to real time as possible, in particular when the vessel is engaged in activities subject to the regulatory competence of such RFMO.

Notwithstanding the requirements in subsection (2), vessel reporting requirements and procedures in case of VMS malfunction or failure shall be established and where the VMS malfunctions or fails, no further transshipment of fish may be initiated until reporting requirements and procedures described in this section are established and complied with.

330.(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

248

Subject to subsection (10), mechanisms for independent verification of transshipment such as human observers or electronic monitoring or equivalent sensor technologies, or a combination of these, shall be implemented for vessels engaged in transshipment activities, with a one hundred percent coverage rate required for receiving vessels.

An alternate approach may be adopted only where the relevant State or RFMO has adopted a comprehensive set of risk based integrated monitoring measures at sea and in port, consistent with the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing sufficient to achieve a comparable degree of control.

Information and data that are independently collected by observers on transshipment events may be authorized for use for both scientific and compliance purposes.

The Chief Fisheries Officer shall ensure that Barbados registered vessels engaged in transshipment of fish as a donor vessel confirm within a reasonable period of time, if requested by the port State or coastal State or RFMO, that the donated fish was taken in accordance with the applicable rules and regulations of a relevant coastal State or a relevant RFMO.

Port State measures should be in place and implemented consistent with the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing for ports where receiving vessels land their transshipped fish, including donor vessels arriving from fishing grounds for direct landing or transshipment, including by collected data being cross referenced against available catch and transshipment information and by inspections and follow up actions being carried out pursuant to Part 4 of the Agreement on Port State Measures to Prevent, Deter or Eliminate Illegal Unreported and Unregulated Fishing.

The Chief Fisheries Officer shall ensure that Barbados registered vessels that are

conducting transshipment; and

(9)

(10)

(11)

(12)

(13)

(14)

(a)

249

ineligible for IMO numbers under the IMO Ship Identification Number Scheme 1,

shall be regulated, monitored and controlled in a manner that is consistent with the relevant provisions of this Part.

Data exchange and information sharing

Procedures for sharing transshipment data in respect of Barbados registered vessels such as authorized vessel lists, transshipment notifications, authorizations and declarations, reported fish, landing declarations, observer reports, inspection reports, infractions and sanctions shall be established among all relevant States and RFMO.

Transshipment data may be shared or exchanged electronically, where possible and in a sufficiently timely manner to support effective MCS of transshipment subject to applicable data confidentiality provisions adopted by the relevant States and RFMO.

Formal procedures for sharing transshipment data between RFMO shall be established, especially between RFMO with overlapping areas of competence, and where the same receiving vessels are authorized to be involved in transshipment in more than one RFMO area of competence.

Information related to transshipment subject to the regulatory competence of an RFMO such as number of events, locations, quantities of fish by species, product form and catch area transshipped and landed, shall be made publicly available on an annual basis with due regard for appropriate confidentiality requirements.

The Chief Fisheries Officer and the relevant RFMO shall make publicly available updated lists with detailed information of all donor and receiving vessels authorized to transship, through vessel authorization records of RFMO, the FAO Global Record of Fishing Vessels, Refrigerated Transport Vessels and Supply Vessels or other appropriate means.

(b)

331.(1)

(2)

(3)

(4)

(5)

250

Recognition of the special requirements of developing States

The Chief Fisheries Officer shall ensure that the provisions in the FAO Guidelines on Transshipment of Fish concerning recognition of the special requirements of developing States are taken into account in the application of this Part.

PART XXXIV

MARINE LIVING RESOURCES AND FISHERIES RELATED CRIME

Marine living resources crime

For the purposes of this Act, marine living resources crime is any

conduct that is likely to cause harm to, or causes harm to, the marine living environment;

act that contravenes national, regional and international marine living resource management and conservation laws and regulations;

illegal catching of fish or other marine living resources;

destruction of habitats or ecosystems of fish and other marine living resources;

harm to fish and other marine living resources, whether by

the over-exploitation of target stocks;

the by catch of non-targeted species or marine wildlife species;

an act that causes loss of biological resources;

degradation of management systems for the marine environment;

ecosystem disruption; and

environmental pollution; and

332.

333.(1)

(a)

(b)

(c)

(d)

(e)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

251

illegal bio-prospecting for marine genetic resources and other marine living resources,

within Barbados waters by a vessel, wherever it is registered and by Barbados registered vessels wherever they may be.

Where a marine living resources crime is committed in

Barbados,

but a significant part of its preparation, planning direction or control takes place in a foreign State;

involves an organized criminal group that engages in marine living resources criminal activity in more than one State; or

has substantial effects in a foreign State; or

a foreign State,

but a significant part of its preparation, planning, direction or control takes place in Barbados; or

has substantial effects in Barbados,

and is committed by a Barbados registered vessel or a foreign registered vessel in Barbados waters, the owner or operator is guilty of an offence and is liable on conviction on indictment to a fine of $200 000 or to imprisonment for 3 years or to both.

PART XXXV

SEAFOOD TRACEABILITY AND FRAUD PREVENTION IN FISHERIES

Development of fish catch documentation scheme

The Chief Fisheries Officers shall, in consultation with stakeholders, develop a fish catch documentation scheme to track and trace fish and other

(f)

(2)

(a)

(i)

(ii)

(iii)

(b)

(i)

(ii)

334.

252

seafood from the point of capture through unloading and throughout the supply chain, for the purposes of

combating fraud in fisheries and the seafood sector;

ensuring high standards of sustainable fisheries management;

ensuring that fish and other seafood are sustainably harvested;

enforcing safety regulations pertaining to safety and suitability of fish and fishery products;

ensuring the quality of fish and fishery products; and

minimizing health risks to consumers.

Record keeping traceability

A participant in the national fisheries supply chain shall keep records of

the source of fish and other seafood products;

the form of fish and other seafood products;

the volume of fish and other seafood products; and

certificate numbers of fish and other seafood products received under a fish catch documentation scheme.

All traceability records shall be electronically submitted to the Chief Fisheries Officer annually for inspection of records and regular central filing.

Continuous data acquisition traceability

The Chief Fisheries Officer shall, in consultation with stakeholders, develop a national online database for tracing of fish and other seafood products, for the

identification and logging of fish catch documentation scheme, covered fish and seafood products on entry to the national supply chain;

(a)

(b)

(c)

(d)

(e)

(f)

335.(1)

(a)

(b)

(c)

(d)

(2)

336.

(a)

253

identification and logging of all national supply chain transactions; and

identification and logging of all transactions relating to fish and seafood products exiting the national supply chain.

Online platform design

The Chief Fisheries Officer shall, in consultation with stakeholders, design and implement a national online platform for tracing of fish and seafood products

to accommodate all supply chain shifts and scenarios as they occur in reality, to facilitate the logging of all movements and transaction types;

built upon current and internationally accepted technologies; and

to continually monitor and develop for effective and efficient functioning.

Requirements for handlers of fish and seafood products

Any person processing or storing fish or fishery products shall record any movement of such fish and seafood products.

Inter-regional cooperation mechanisms

The Minister may, in consultation with other national governmental authorities, regional governmental authorities, RFMO and stakeholders, create a regional register and establish harmonized minimum terms and conditions for foreign fishing vessel access, so as to strengthen compliance and enforcement in the traceability of fish and fishery products.

(b)

(c)

337.

(a)

(b)

(c)

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Inter-regional cooperation: requirements in the harmonized minimum terms and conditions

Fishing access agreements at the Caribbean regional level may include the following:

foreign vessels shall not be permitted to fish in any Caribbean Member States' EEZ unless a standard licence is issued;

purse seine transshipments at sea shall be prohibited, except in designated ports;

longline vessel transshipments can occur at sea, subject to application to, and approval by, the licensing State;

vessel operators shall maintain and submit catch logs for operations in a Caribbean Member States' EEZ and adjacent high seas areas, which shall be released to the licensing States within 50 days of any fishing trip;

vessel operators shall provide regular catch records for the licensing State while operating in any Caribbean Member States' EEZ;

vessel operators shall carry observers to verify reports, and they shall have access to appropriate parts of the vessel and shall record their observations;

vessel operators shall maintain a local agent;

fishing gear shall be stowed while transiting a Caribbean Member States' EEZ;

vessel operators shall comply with orders of licensing States;

operators shall mark their vessels in accordance with FAO Standard Specification for the marking and identification of fishing vessels; and

vessel operators shall register automatic location communicators on the VMS Register of Foreign Fishing Vessels.

340.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

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(j)

(k)

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Eco-labelling schemes for fish and other seafood products

The Chief Fisheries Officer shall, in consultation with stakeholders, design and develop eco-labelling schemes for fish and other seafood products from capture fisheries, in accordance with FAO standards and other international best practices.

Document fraud in fisheries

A person who falsifies any book, document or system relating to the keeping of fish and fishery products is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

A person who

manufactures;

counterfeits;

alters;

sells; or

uses false identity documents and other fraudulent documents to contravene this Act or any other enactment made under this Act,

is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

Offence of fish and seafood fraud

A person who places fish or other seafood on the market, whether for local, regional or international sale and distribution, with intent

to deceive the consumer by

substituting one fish species for another without changing the label;

341.

342.(1)

(2)

(a)

(b)

(c)

(d)

(e)

343.(1)

(a)

(i)

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adding too much ice to fish or other seafood in order to increase weight;

indicating less fish or seafood in the package than what is specified on the label;

shipping fish or other seafood products through different countries to avoid duties and tariffs; or

any other activity that misleads consumers about fish or seafood products in order to increase profits to the detriment of the consumer; or

to make financial gain from such activity,

is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

Any person who

intentionally mislabels;

substitutes fish species or varieties of fish with less desirable species or varieties of fish;

fraudulently markets aquaculture produced fish or mariculture produced fish as wild caught;

misbrands, dilutes, counterfeits or adulterates fish or other seafood products;

over-glazes or over-breds fish to deceive consumers regarding the nature of fish and other seafoods;

uses water-binding agents without so declaring, so as to increase the weight of seafood products;

markets higher valued fish species and seafood products as lower valued fish species and seafood products so as to avoid taxation; or

(ii)

(iii)

(iv)

(v)

(b)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

257

markets fish species illegally harvested in protected areas as species legally harvested, so as to conceal that the species of fish were caught from or harvested in a protected area, contrary to national law,

is guilty of an offence and is liable on conviction on indictment to a fine of $200 000 or to imprisonment for 3 years or to both.

Establishing an agreed list of names of fish and other seafood

The Chief Fisheries Officer shall, in consultation with stakeholders, put necessary measures in place to prevent food fraud in the fisheries sector, including the establishment of an agreed list of common names that are linked to scientific nomenclature of fish and other seafoods.

The agreed list of names of fish and other seafoods shall be

accessible to consumers; and

publicly available via a fishing industry notice.

The Chief Fisheries Officer shall oversee and ensure the creation and publication of a national seafood list, which shall contain the following:

a list of common names of fish and other seafoods;

a list of scientific fish names corresponding to their commonly used names; and

market names,

that are mandatory for commercial trade in fisheries.

Harmonized fisheries information system base

The Minister may, in consultation with other national and regional authorities and relevant stakeholders, put measures in place for the harmonization of commercial species of fish and other seafoods list under an internationally recognized fisheries information system base.

(h)

344.(1)

(2)

(a)

(b)

(3)

(a)

(b)

(c)

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258

Mandatory labelling requirements for fish and seafood products

All fish and seafood products originating in, entering, or exiting Barbados shall be appropriately labelled to ensure that consumers are not misled, particularly with respect to characteristics of such fish and seafood products.

Labels on fish and seafood products originating in, entering or exiting Barbados shall contain the

species commercial and scientific name;

production method, whether caught in the sea or freshwater, aquaculture produced or mariculture produced;

area where fish or other seafood product was caught, aquaculture produced or mariculture produced;

information as to whether fish or seafood product was defrosted, where appropriate;

date of minimum durability of fish and seafood product, where appropriate.

Strengthening official food control systems

The Minister shall, in consultation with the Chief Fisheries Officer and other stakeholders,

develop a monitoring and surveillance programme to assess the degree of compliance with national fish labelling laws and regulations; and

develop and implement laboratory detection methods based on DNA barcoding.

Fish and seafood products traceability systems shall be continually authenticated and validated based on a documentary paper trail.

346.(1)

(2)

(a)

(b)

(c)

(d)

(e)

347.(1)

(a)

(b)

(3)

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Food fraud in fisheries vulnerability assessment

The Minister shall, in consultation with the Chief Fisheries Officer and other stakeholders, develop a structured system for food fraud in fisheries vulnerability assessment for integration into routine food quality and safety management programmes of fish and seafood products for human consumption.

PART XXXVI

FISHERY PROTECTION OFFICERS

Fishery protection officers

There shall be fishery protection officers who shall be public officers.

Identification of fishery protection officers

A fishery protection officer shall

wear a uniform bearing a logo and a badge;

carry an identification card; and

ensure that the land vehicles and sea transportation are appropriately marked.

Where a fishery protection officer is working incognito he may wear civilian clothing but shall carry his identification card.

Duties of fishery protection officers

The duties of a fishery protection officer shall be to

operate various forms of sea transportation;

patrol near shore and offshore maritime areas, as may be necessary;

stop and search fishing vessels in accordance with this Act;

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350.(1)

(a)

(b)

(c)

(2)

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(a)

(b)

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inspect fish markets, aquaculture establishments and port premises;

handle fish;

sample biological specimens;

analyze data and produce reports;

manage special stock recovery measures for 'at risk' or endangered fish stock and marine living resources;

protect the rights of fishers, whether local or foreign, legally operating in the fishing waters of Barbados;

ensure that all fishers, whether local or foreign are complying with their environmental obligations as prescribed under Part VII of this Act;

advise members of the public, fishing crews and offshore fish farmers and other persons in the fisheries sector;

control, monitor and surveille all activities under this Act requiring licences and permits;

ensure that fisheries and fisheries related activities authorized under this Act are conducted in a manner that does not compromise the quality of the marine environment or have deleterious impacts on it; and

ensure that no fisheries or fisheries related activities not authorized under this Act take place.

The Chief Fisheries Officer shall departmentalize fishery protection officers according to the respective duties of fishery protection officers as specified in subsection (1) to ensure proper and effective execution of the duties.

General powers of fishery protection officers

For the purposes of enforcing the provisions of this Act a fishery protection officer may exercise the following powers with respect to any Barbados registered fishing vessel, wherever that vessel may be:

stop the vessel;

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(n)

(2)

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(a)

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require the master to stop fishing and take the fishing gear of the vessel back onboard;

require the master to facilitate the boarding of the vessel by all appropriate means;

go onboard the vessel and take with him such other persons as he may require to assist him in the exercise of his powers;

require the master, crew or any of them to produce, and the officer to examine and take copies of any certificate of registry, license, official log book, official paper, article of agreement, record of fish caught and any other document relating to the vessel and the crew or any member thereof or to any person onboard the vessel, which is in their respective possession or control;

muster the crew of the vessel;

require the master to appear before him and give any explanation concerning the vessel and any crew or any person onboard the vessel and any document mentioned in paragraph (e);

execute any search, examination or enquiry which he considers necessary to determine whether any provision of this Act has been contravened;

if he has reasonable grounds for suspecting that any person has committed an offence against this Act, he may without summons, warrant or other process, take the suspected offender, and take or require the master of the vessel together with the crew thereof, to a port or harbour in Barbados for the purpose of executing any search, examination or enquiry and bring him or them before a competent court and detain him or them and the vessel in Barbados until the alleged offence has been adjudicated upon;

take steps, having regard to the safety of the vessel, to immobilize any fishing vessel seized, taken or detained in accordance with this Act, for the purpose of preventing the vessel being taken away by any person

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

262

prior to the release of the vessel under sections 375 and 376 or as the case may be, by the court;

in the case of any offence against Parts VI, XI or XII, or offences related to transshipment and export of fish, he may seize any vessel together with its equipment, stores and cargo which he believes has been used in the commission of such offence or in respect of which he believes such offence has been committed or that is the result of an offence;

seize any fishing gear, instruments or appliances which he believes have been used in the commission of such offence;

seize any fish which he believes have been taken or fish products produced in the commission of such offence; and

seize or take copies of any documents which he believes are relevant to any such offence.

In exercising the powers referred to in subsection (1) a fishery protection officer may use or employ such force as may be reasonably necessary.

The powers conferred on a fishery protection officers by this Act may be exercised in respect of a fishing vessel irrespective of whether the vessel is at the time of such exercise engaged in fishing or any activities in any way related to fishing.

Powers of entry and search on land of fishery protection officers

A fishery protection officer may

enter, at any reasonable time, any premises used for carrying on business in connection with the operation of fishing vessels and activities ancillary thereto or with the sale, storage or treatment of fish;

require any person on the premises to produce any documents relating to the catching, landing, transshipment, export, import, sale or disposal of fish;

(k)

(l)

(m)

(n)

(2)

(3)

353.

(a)

(b)

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if he has reasonable grounds for suspecting that an offence under this Act has been committed and that the cause of the offence may be removed or suppressed,

enter and search without a warrant, and with or without assistance, any premises referred to in paragraph (a), or any vehicle, aircraft, vessel or other means of conveyance and open and search any baggage, pack or other thing;

seize any document or any gear or thing that he believes to have been used in the commission of such offence; or

seize any fish that he believes to have been used, handled or processed in the commission of such offence.

PART XXXVII

ENFORCEMENT

Power of authorized officer

For the purposes of enforcing this Act, the Chief Fisheries Officer or any authorized officer may, where reasonable grounds exist, without a warrant,

stop, board and search any foreign fishing vessel in the waters of Barbados or any Barbados registered fishing vessel within or outside the waters of Barbados;

require to be produced, and examine and take copies of any licence or other documents required under this Act; and

require to be produced and examine any fishing net or other fishing gear onboard a fishing vessel, whether at sea or on land.

(c)

(i)

(ii)

(iii)

354.(1)

(a)

(b)

(c)

264

Where the Chief Fisheries Officer or any authorized officer has reasonable grounds to believe that an offence has been committed under this Act, he may without a warrant,

enter and search any premises, other than premises used exclusively as a dwelling house, in which he has reasonable grounds to believe that the offence has been committed or where the fish or aquatic flora illegally taken are being stored;

stop and search any vehicle in which he has reasonable grounds to believe that fish or aquatic flora illegally taken are being transported;

take samples of any fish or aquatic flora found in any fishing vessel, vehicle or premises searched;

seize any vessel together with its stores and cargo, vehicle, fishing gear, net or other fishing appliance which he has reasonable grounds to believe has been used in the commission of the offence or in respect of which the offence has been committed;

seize any fish or aquatic flora which he has reasonable grounds to believe has been caught in the commission of the offence or is being possessed, imported or exported in contravention of this Act;

seize any explosive or poison which he has reasonable grounds to believe is being possessed in contravention of this Act; or

arrest or detain any person whom he has reasonable grounds to believe is involved in the commission of an offence against this Act.

Any fishing vessel seized under subsection (2) may be detained and the crew may be taken to the nearest or most convenient port and the fishing vessel may also be detained, pending the outcome of any legal proceedings under this Act or its release on bond or other form of security.

Where an offence under this Act is committed by any foreign fishing vessel, and that vessel is pursued beyond the limits of the waters of Barbados, the powers conferred on an authorized officer under this section may be

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(3)

(4)

265

exercisable beyond the limits of the waters of Barbados in the circumstances and to the extent recognized by international law.

The Chief Fisheries Officer or an authorized officer in exercising any of the powers conferred on him by this section, shall produce such means of identification as may be necessary to show that he is either the Chief Fisheries Officer or an authorized officer for the purposes of this Act.

Sale of perishable goods seized

The Chief Fisheries Officer or an authorized officer, in order to avoid spoilage or decay of any fish, aquatic flora or other articles of a perishable nature may seize them and dispose of them in a manner appropriate to the Chief Fisheries Officer or the authorized officer.

Where the items seized are sold, all money resulting from the sale of fish, aquatic flora, or other articles of a perishable nature shall be paid into the Consolidated Fund.

The Chief Fisheries Officer or an authorized officer who sells fish, aquatic flora or other articles of a perishable nature must give to the person from whom he seized the fish, aquatic flora or other articles of a perishable nature a receipt bearing the Chief Fisheries Officer's or authorized officer's signature and containing the

date of the sale;

quantity of the fish, aquatic flora or other articles of a perishable nature; and

amount realized by the sale.

The Court may order compensation not exceeding the net amount realized by the sale, to be paid to the person from whom the fish, aquatic flora or other article of a perishable nature were seized, where that person is found not guilty.

(5)

355.(1)

(2)

(3)

(a)

(b)

(c)

(4)

266

Immunity of Chief Fisheries Officer and authorized officers

The Chief Fisheries Officer and any authorized officer is immune from suit or legal process in respect of anything done or omitted to be done by him in good faith in the execution of his powers and duties under this Act.

Assaulting the Chief Fisheries Officer and authorized officers

A person who, obstructs, assaults, threatens with violence, bribes or otherwise interferes with the Chief Fisheries Officer or an authorized officer in the exercise of the powers conferred on him under this Act, is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

Offences committed onboard his vessel

Where an offence against this Act has been committed by any person onboard or employed on a fishing vessel, he is guilty of an offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

Release of items on bond

The Court may, on application and on receipt of a satisfactory bond or other form of security from the owner or other person claiming such property, order the release of any fishing vessel together with its stores, cargo, and gear, vehicle, fish or aquatic flora, fishing gear, net or other fishing appliance seized under this Act.

356.

357.

358.

359.

267

Power of the Court of forfeiture and cancellation or suspension of licences

Where a person is convicted of an offence under this Act, the court may, in addition to any other penalty imposed

order that any fishing vessel together with its stores and cargo and any vehicle, fishing gear, net or other fishing appliances, used in the commission of the offence be forfeited;

order that any fish or aquatic flora caught in the commission of such offence or the proceeds of sale of such fish or aquatic flora and any explosive, poison or other noxious substance possessed for use in the commission of such offence be forfeited; and

order that any fishing licence issued under this Act be cancelled or suspended and that no new fishing licence be issued to the person convicted of the offence for such period as the court may specify.

Presumptions

All fish or aquatic flora found onboard any fishing vessel which has been used in the commission of an offence under this Act is presumed to have been caught in the commission of that offence unless the contrary is proved.

Where in any legal proceedings under this Act relating to the seizure of a foreign fishing vessel by the Chief Fisheries Officer or an authorized officer onboard any government or other enforcement vessel and the location in which an event is alleged to have taken place is in issue, the location stated in a certified copy of the relevant entry in the logbook or other official record maintained by the officer in charge of the government or other enforcement vessel is presumed to be the location in which such event took place, unless the contrary is proved.

360.

(a)

(b)

(c)

361.(1)

(2)

268

Onus of proof

Where in any proceedings under this Act, the defendant is charged with having committed an offence in respect of which a licence, authority or the permission of any person is required for the doing of any act, the onus shall be on the defendant to prove that at the time to which the charge relates, he held a valid licence, permission or authority.

Disposal of items forfeited

Any fishing vessel together with its stores and cargo, and any vehicle, fishing gear, net or other fishing appliance, explosive or poison ordered to be forfeited under this Act may be sold or otherwise disposed of in such manner as instructed by the Chief Fisheries Officer.

Offences committed outside national maritime areas

An offence committed under this Act or any enactment in maritime areas beyond Barbados waters by any person onboard a Barbados registered fishing vessel is triable in any court of competent jurisdiction in Barbados as if such offence had been committed in Barbados waters.

Power to inspect fishing vessels and their equipment, etc.

For the purpose of ensuring that this Act or any other enactment is complied with, or that the terms of any approval, licence, consent, direction or exemption given by virtue of this Act or any other enactment are duly complied with, the following persons:

a fishery protection officer;

maritime law enforcement officer;

surveyor of ships;

a shipping superintendent;

a designated port State control officer; or

362.

363.

364.

365.(1)

(a)

(b)

(c)

(d)

(e)

269

any person appointed by the Minister, either generally or in a particular case, to exercise powers under this section,

may at all reasonable times go onboard a fishing vessel in Barbados or Barbados waters and inspect the vessel and her equipment or any part thereof, any articles onboard and any document carried in the fishing vessel in pursuance of this Act or any other enactment.

The powers conferred by subsection (1) are not exercisable in relation to a foreign registered fishing vessel while that vessel is exercising the right of innocent passage.

The powers conferred by subsection (1) are, if the fishing vessel is a Barbados registered fishing vessel, also exercisable outside Barbados waters and may be so exercised by an authorized officer as well as the persons mentioned in that subsection.

A person exercising powers under this section shall not unnecessarily detain or delay a fishing vessel but may, if he considers it necessary in consequence of an accident or for any other reason, require a fishing vessel to be taken into dock for a survey of its hull or machinery.

Where any person referred to in subsection (1) has reasonable grounds for believing that there are on any premises, provisions or water intended for supply to a Barbados registered fishing vessel, which if provided on the vessel, would not be in accordance with an enactment containing requirements as to the type of provisions and water that should be provided on fishing vessels, he may enter the premises and inspect the provisions or water for the purpose of ascertaining whether they are in accordance with the enactment.

A person who obstructs

a law enforcement officer, or

an officer authorized to carry out activities under this Act or any other enactment,

(f)

(2)

(3)

(4)

(5)

(6)

(a)

(b)

270

in the exercise of their duty, or fails to comply with a requirement made under subsection (4), is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

Powers of inspectors and law enforcement officers in relation to premises and fishing vessels

The powers conferred by this section on inspectors and law enforcement officers apply to

any premises in Barbados; or

any Barbados fishing vessel wherever she may be and any other fishing vessel which is present in Barbados or in Barbados waters,

and are available to any inspector and national maritime law enforcement officer carrying out inspection activities, in accordance with this Act.

An inspector or a maritime law enforcement officer carrying out inspection duties

may, at any reasonable time, or in a situation which in his opinion is or may be dangerous, at any time,

enter any premises; or

board any fishing vessel;

if he has reason to believe that it is necessary for him to do so;

may, on entering any premises by virtue of paragraph (a) or on boarding a fishing vessel by virtue of that paragraph, be accompanied by any other person authorized for the purpose by the Minister and may carry any equipment or materials he requires;

may make such examination and investigation as he considers necessary;

may direct that the premises or fishing vessel or any part of the premises or fishing vessel or anything on the premises or fishing vessel or such

366.(1)

(a)

(b)

(2)

(a)

(i)

(ii)

(b)

(c)

(d)

271

part shall be left undisturbed, whether generally or in particular, for so long as is reasonably necessary for the purposes of any examination or investigation under paragraph (c);

take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (c);

take samples of any articles or substances found on the premises or fishing vessel and of the atmosphere in or in the vicinity of the premises or fishing vessel;

in the case of any article or substance which he finds in the premises or fishing vessel and which appears to him to have caused or to be likely to cause danger to health or safety, cause it to be dismantled or subjected to any process or test but shall not damage or destroy it unless the circumstances deemed it necessary;

in the case of any such article or substance as is mentioned in paragraph (g), take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely

to examine it and do to it anything which he has power to do under that paragraph;

to ensure that it is not tampered with before examination of it is completed;

to ensure that it is available for use as evidence in any proceedings for an offence under this Act or any enactment made under it;

require any person who has reasonable cause to believe is able to give any information relevant to any examination or investigation under paragraph (c)

to attend at a place and time specified by the inspector; and

to answer, in the absence of persons other than any person whom the inspector may allow to be present and a person nominated to

(e)

(f)

(g)

(h)

(i)

(ii)

(iii)

(i)

(i)

(ii)

272

be present by the person on whom the requirement is imposed, such questions as the inspector thinks fit to ask; and to sign a declaration of the truth of his answers;

require the production of, and inspect and take copies of any entry in

any books or documents which by virtue of any provision of this Act are required to be kept; and

any other books or documents which he considers necessary for him to see for the purposes of any examination or investigation under paragraph (c);

require any person to afford him such facilities and assistance with respect to any matters or things within that person's control or in relation to which that person has responsibilities as the inspector considers necessary to enable him to exercise any of the powers conferred on him by this Act or any enactment made hereunder.

Notwithstanding subsection (2), an inspector, a maritime law enforcement officer or an authorized officer shall not unnecessarily prevent a fishing vessel from proceeding on a voyage.

Improvement notices

If an inspector or any person specified in section 365 is of the opinion that a person

is contravening one or more of the provisions of this Act; or

has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated;

he may serve on that person an improvement notice.

An improvement notice shall

state that the inspector, or authorized officer specified in section 366, is of the said opinion, specify the provision or provisions as to which

(j)

(i)

(ii)

(k)

(3)

367.(1)

(a)

(b)

(2)

(a)

273

he is of that opinion, and give particulars of the reasons why he is of that opinion; and

require the person on whom the improvement notice is served to remedy the contravention in question or as the case may be, the matters occasioning it within such period as may be specified in the notice.

The period specified in pursuance of subsection (2)(b) shall not expire before the end of the period within which a notice can be given under section 369, requiring questions relating to the improvement notice to be referred to arbitration.

Prohibition notices

Where any activity is being carried on or is likely to be carried on onboard any fishing vessel by or under the control of any person and, an inspector or authorized officer mentioned in section 365, is of the opinion that, that activity being carried on or likely to be carried on, will involve the risk of

serious personal injury to any fisher, whether onboard the fishing vessel or not; or

serious breach of

this Act or any other enactment; or

fisheries agreements to which Barbados is party,

the inspector may serve on the person in control of the vessel a prohibition notice.

A prohibition notice shall

state the opinion of the inspector or authorized officer;

specify the matters which in his opinion give rise to the risk;

if in his opinion any of those matters would involve a contravention of this Act or any other enactment

state the reasons for his opinion; and

(b)

(3)

368.(1)

(a)

(b)

(i)

(ii)

(2)

(a)

(b)

(c)

(i)

274

specify the provisions that are likely to be contravened and give particulars of the reasons for his opinion;

direct

that the activities to which the notice relates shall not be carried on by or under the control of the person on whom the notice is served; or

that the fishing vessel shall not go to sea,

unless the matters specified in the notice in pursuance of paragraph (b), and any associated contravention of any provision so specified in pursuance of paragraph (c), have been remedied.

A direction contained in a prohibition notice in pursuance of subsection (2)(d) shall take effect

at the end of a period specified in the notice; or

if the direction is given in pursuance of subsection (2)(d)(ii) or the notice so declares, immediately.

References of notices to arbitration

Any question

as to whether any of the reasons or matters specified in an improvement notice or a prohibition notice in pursuance of sections 367(2)(a) or 368(2)(b) or in connection with any opinion formed by the inspector constitutes a valid basis for that opinion; or

as to whether any directions included in the prohibition notice in pursuance of section 368(3) were reasonable shall, if the person on whom the prohibition notice was served so wishes, the person may by a notice given to the inspector within 21 days from the service of the prohibition notice, request that the direction be referred to a single arbitrator appointed by agreement between the parties for that question to be decided by the arbitrator.

(ii)

(d)

(i)

(ii)

(3)

(a)

(b)

369.(1)

(a)

(b)

275

Where a notice is given by a person in accordance with subsection (1), then

in the case of an improvement notice, the notice shall have the effect of suspending the operation of the improvement notice until the decision of the arbitrator is published to the parties or the reference is abandoned by that person;

in the case of a prohibition notice, the notice shall have the effect of suspending the operation of the prohibition notice if, but only if, on the application of that person the arbitrator so directs and then only from the giving of the direction.

Where any reference under this section involves the consideration by the arbitrator of the effects of any particular activities or state of affairs on the health or safety of any persons, he shall not on that reference make any decision such as is mentioned in subsection (3)(a) or (b) except after

in the case of an improvement notice, affording an opportunity of making oral representations to him with respect to those effects to a member of any such panel of representatives of maritime trade unions as may be appointed by the Minister for the purposes of this subsection; or

in the case of a prohibition notice, affording an opportunity of making such representations to him by either

a representative of a trade union representing persons whose interests it appears to him that the notice was designed to safeguard; or

a member of any such panel as is referred to in paragraph (a), as he thinks appropriate; and

considering any representations made to him in pursuance of paragraph (a) or (b).

(2)

(a)

(b)

(3)

(a)

(b)

(i)

(ii)

(c)

276

A person shall not be qualified for appointment as an arbitrator under this section, unless he is

a person holding a certificate of competency as a master mariner or as a marine engineer officer class 1, or a person holding a certificate equivalent to any such certificate;

a naval architect or a person falling within subsection (6); or

a person with special experience of shipping matters, of the fishing industry, or of activities carried on in ports.

For the purposes of subsection (4)(c) a person falls within this subsection if he is a an attorney-at-law of at least 10 years standing.

For the purposes of this section, an arbitrator shall have the powers conferred on an inspector by section 366 other than subsection (3).

Compensation in connection with invalid prohibition notices

If on a reference under section 369 relating to a prohibition notice

the arbitrator decides that any reason or matter did not constitute a valid basis for the inspector's opinion; and

it appears to the arbitrator that there were no reasonable grounds for the inspector or authorized officer to form that opinion,

the arbitrator may, subject to subsection (3), award the person on whom the notice was served such compensation in respect of any loss suffered by the person in consequence of the service of the notice as the arbitrator thinks fit.

If on any such reference the arbitrator decides that any direction included in the notice was unreasonable, the arbitrator may, subject to subsection (3), award the person on whom the notice was served such compensation in respect of any loss suffered by him in consequence of the direction as the arbitrator thinks fit.

(4)

(a)

(b)

(c)

(5)

(6)

370.(1)

(a)

(b)

(2)

277

An arbitrator shall not award any compensation under subsection (1) or (2) in the case of a prohibition notice unless

it appears to the arbitrator that the direction given in pursuance of section 368(2)(d) contained any such requirement as is mentioned in sub-paragraph (ii) of that paragraph; or

it appears to arbitrator that

the inspector or authorized officer was of the opinion that there would be such a risk of injury or pollution as is referred to in the notice if the fishing vessel went to sea; and

the effect of the direction given in pursuance of section 368(2) (d) was to prohibit the departure of the fishing vessel, unless the matters referred to in the direction were remedied.

Offences: improvement and prohibition notices

Any person who contravenes any requirement imposed by an improvement notice is guilty of an offence and is liable on summary conviction to a fine of $20 000 or to imprisonment for 3 months or to both.

Any person who contravenes any prohibition imposed by a prohibition notice is be guilty of an offence and is liable on summary conviction to a fine of $75 000 or to imprisonment for 6 months or to both.

It shall be a defence for a person charged with an offence under this section to prove that he exercised all due diligence to avoid a contravention of the requirement or prohibition in question.

Detention of a fishing vessel

The following officers may detain a fishing vessel:

a maritime law enforcement officer;

a Barbados consular officer; or

any other officer authorized in writing by the Chief Fisheries Officer.

(3)

(a)

(b)

(i)

(ii)

371.(1)

(2)

(3)

372.(1)

(a)

(b)

(c)

278

A notice of detention may include a direction that the fishing vessel

must remain in a particular place;

must be moved to a particular anchorage or berth; or

any other relevant information.

If a notice of detention includes direction referred to in subsection (2), the notice may specify circumstances relating to vessel safety, security, protection of the marine environment or maritime labour abuse prevention.

The master of a fishing vessel in respect of which notice of detention has been served is guilty of an offence if he proceeds to sea, otherwise than in accordance with the notice, before it is released by a competent authority.

The master of a fishing vessel in respect of which notice of detention has been served is guilty of an offence if he fails to comply with a direction given under subsection (2).

A person who contravenes subsection (4) or (5) is guilty of an offence and is liable

on summary conviction, to a fine of $100 000 or to imprisonment for 12 months or to both; or

on conviction on indictment, to a fine of $200 000 or to imprisonment for 3 years or to both.

The owner of a fishing vessel, and any person other than the master who knowingly sends to sea a fishing vessel, to which subsection (4) or (5) provides is guilty of an offence and is liable

on summary conviction, to a fine of $100 000 or to imprisonment for 12 months or to both; or

on conviction on indictment, to a fine of $200 000 or to imprisonment for 3 years or to both.

(2)

(a)

(b)

(c)

(3)

(4)

(5)

(6)

(a)

(b)

(7)

(a)

(b)

279

A person to whom subsection (6) or (7) applies may, opt to pay an administrative penalty of $50 000 to the Chief Fisheries Officer.

Where a fishing vessel proceeding to sea in contravention of subsection (4) or failing to comply with a direction given under subsection (2) carries away without his consent any of the following who is onboard the fishing vessel in the execution of his duty

any officer authorized by subsection (1) to detain the fishing vessel; or

any surveyor of ships;

the owner and master of the fishing vessel are each liable to pay all expenses of and incidental to the officer or surveyor being carried away and are guilty of an offence.

A person guilty of an offence under subsection (9) is liable on

on summary conviction to a fine of $75 000 or to imprisonment for 6 months or to both; or

on conviction on indictment to a fine of $175 000 or to imprisonment for 12 months or to both.

A person exercising the power of detention in respect of an alleged contravention of this Act shall immediately release the fishing vessel if

no proceedings for the offence in question are instituted within 7 days beginning with the day on which the fishing vessel is detained;

such proceedings, having been instituted through exercise of the power conferred by subsection (1) within that period, are concluded without the master or owner being convicted;

either

the sum of $200 000 is paid to the Minister by way of security; and

(8)

(9)

(a)

(b)

(10)

(a)

(b)

(11)

(a)

(b)

(c)

(i)

280

security which, in the opinion of the Minister, is satisfactory and is for an amount not less than $250 000 is paid to the Minister by or on behalf of the master or owner;

the master or owner is convicted of the offence, any costs or expenses ordered to be paid by him or any fine imposed on him have been paid; or

the release is ordered by a court or tribunal referred to in Article 292 of the United Nations Convention on the Law of the Sea, 1982, and any bond or other financial security ordered by such a court or tribunal is posted.

The Minister shall repay any sum paid in pursuance of subsection 11(c) or release any security so given

if no proceedings for the offence in question are instituted within 7 days beginning with the day on which the sum is paid; or

if such proceedings, having been instituted within that period, are concluded without the master or owner being convicted.

Where a sum has been paid, or security has been given, by any person in pursuance of subsection (11)(c) and the master or owner is convicted of the offence in question, the sum so paid or the amount made available under the security shall be applied,

first in the payment of any costs or expenses ordered by the Court to be paid by the master or owner; and

second in the payment of any fine imposed by the Court;

and the balance, if any, shall be repaid to the person paying the sum or giving the security.

Before a fishing vessel is released from detention, the detaining officer shall issue to the master, or the vessel’s owner, agent or representative a notice of release from detention, stating that the detaining officer is satisfied that the defects related to the fishing vessel have been rectified, apart from any minor

(ii)

(d)

(e)

(12)

(a)

(b)

(13)

(a)

(b)

(14)

281

ones which are listed and that the fishing vessel can now be released from detention.

Any reference in this section to proceeding to sea includes a reference to going on a voyage or excursion that does not involve going to sea and references to sending or taking to sea shall be construed accordingly.

References of detention notices to arbitration

Any question as to whether any of the matters specified in relation to a fishing vessel in a detention notice in pursuance of this Act or any other enactment thereunder or fisheries agreements to which Barbados is party, in connection with any opinion formed by the relevant inspector or authorized officer constituted a valid basis for that opinion shall, if the master or owner of the fishing vessel so requires by a notice given to the relevant inspector within 21 days from the service of the detention notice, be referred to a single arbitrator appointed by an agreement between the parties for that question to be decided by him.

Where a notice is given by the master or owner of the fishing vessel in accordance with subsection (1), the notice shall not suspend the operation of the detention notice unless, on the application of the person requiring the reference, the arbitrator so directs.

The arbitrator shall have regard, in coming to his decision, to any other matters not specified in the detention notice which appear to him to be relevant to whether the fishing vessel was or was not in conformity with this Act, any other enactment thereunder, or fisheries agreements to which Barbados is party.

Where on a reference under this section the arbitrator decides in respect to any matter to which the reference relates, that in all the circumstances the matter did not constitute a valid basis for the inspector's opinion he shall cancel or affirm the detention notice or affirm it with such modifications as he may in the circumstances think fit.

(15)

373.(1)

(2)

(3)

(4)

282

The arbitrator shall include in his decision a finding whether there was or was not a valid basis for the detention of the fishing vessel as a non-compliant fishing vessel.

A person shall not be qualified for appointment as an arbitrator under this section, unless he is

a person holding a certificate of competency as a master mariner or as a marine engineer officer class 1, or a person holding a certificate equivalent to any such certificate;

a naval architect;

a person falling within subsection (7); or

a person with special experience of shipping matters, or of activities carried on in ports.

For the purposes of subsection (6)(c) a person falls within this subsection if he is an attorney-at-law of 10 years standing entitled to practice in Barbados or in any commonwealth jurisdiction.

For the purposes of this section, an arbitrator shall have the powers conferred on an inspector by section 366.

Compensation in connection with invalid detention of fishing vessel

If upon a reference under section 373 relating to a detention notice in relation to a fishing vessel

the arbitrator decides that any matter did not constitute a valid basis for the relevant inspector's opinion; and

it appears to the arbitrator that there were no reasonable grounds for the inspector to form that opinion;

the arbitrator may award the owner of the fishing vessel such compensation in respect of any loss suffered by him in consequence of the detention of the fishing vessel as the arbitrator thinks fit.

(5)

(6)

(a)

(b)

(c)

(d)

(7)

(8)

374.(1)

(a)

(b)

283

Any compensation awarded under this section shall be payable into the Consolidated Fund.

Release of vessel or thing if no proceedings instituted

Where a fishing vessel or any other thing has been taken, seized or detained under this Act, the Chief Fisheries Officer shall on demand of the master, owner, charterer or agent release the vessel or thing if no proceedings are instituted within 14 days of the arrival of the vessel or the thing in a port or harbour.

Security for release of the fishing vessel

Where a fishing vessel or any other thing has been taken, seized or detained under this Act and a charge is laid against the master, owner or charterer of the vessel in respect of the offence for which the vessel has been detained, the master, owner, charterer or agent of the owner or of the charterer of the vessel may at any time before the determination of the charge apply to the court by which the charge is due to be determined for the release of the vessel on the provision of security in accordance with this Act.

On hearing the application the court, on ensuring that no evidence that may be required is thereby prejudiced, shall either

on being satisfied that reasonable security has been paid to the Government in respect of the aggregate of the maximum fine to which the offender may be liable, order the release of the fishing vessel; or

order the release of the fishing vessel on the production, by any person or persons, so authorized by the court, of a reasonable bond in favour of the Government in the specified form, and in an amount not less than the aggregate of the maximum fine to which the offender may be liable.

Notwithstanding subsection (2), the court may, where it is satisfied that there are special circumstances to justify it doing so, order that the bond be in a specified amount that is not less than the minimum fine to which the offender may be liable.

(2)

375.

376.(1)

(2)

(a)

(b)

(3)

284

The conditions of the bond shall be that, if

the offender is found not guilty of the offence; or

the offender, on being convicted of the offence, pays in full within 14 days after he is convicted the amount of the fine imposed by the court,

then the bond shall be of no effect but that otherwise the bond shall remain in full force and effect.

The amount specified in the bond shall be recoverable in full in any court of competent jurisdiction as a debt due to the State jointly or severally by the person by whom the bond is given unless the person proves due performance of the condition for which the bond was made.

For the purposes of this section, "fishing vessel" includes all equipment onboard or used by the vessel and also includes all fish that has been seized from the vessel under this Act and is detained onboard the vessel in custody of the Government.

Disposal of seized fish and other perishables

Where any fish or other thing of a perishable nature is seized under section 352, the Chief Fisheries Officer may, after ensuring that all evidence that may be necessary is preserved, notwithstanding any other provisions of this Act,

return the fish or other thing to the person from whom it was seized on receiving the security that in the Chief Fisheries Officer's opinion is adequate for the equivalent value of the fish or the thing by way of bond or other stipulation conditioned for payment of such equivalent value in the event that such amount shall be adjudged by the court to be forfeited to the State; or

cause the sale by public auction of the fish or other thing and if court proceedings are instituted deposit the proceeds of sale in court pending an order by the court in respect of the forfeiture or otherwise of the proceeds or release the proceeds to the person from whom the fish or thing was seized in accordance with section 352.

(4)

(a)

(b)

(5)

(6)

377.

(a)

(b)

285

Protection from personal liability

No liability shall lie personally against any authorized public officer or any authorized entity who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act or any other enactment.

Offences not specifically provided for

A person who commits an offence under this Act or any other enactment, for which no specific penalty is provided, is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

Where an offence under this Act is a continuing one, and no penalty is otherwise provided in respect of the continuance, every person guilty of that offence, in addition to any other liability, is liable on summary conviction to a fine of $1 000 for everyday or part thereof during which the offence continues after conviction was first obtained.

PART XXXVIII

FISCAL ARRANGEMENTS

Fees

Services

The Chief Fisheries Officer may provide additional services for the proper operation of fishing vessels, fishing ports, fish vending and processing facilities and mooring places and other sectors of the fishing industry, including in particular, the lifting and launching of fishing vessels, at a fee specified in the fishing industry notice.

378.

379.(1)

(2)

380.

286

List of fisheries services and fees

The Chief Fisheries Officer shall maintain in electronic or other form a list of fisheries services and fees, which shall be set out

all services provided by Government to the fishing industry;

fees in respect of those services; and

any other particulars deemed necessary by the Chief Fisheries Officer.

The list of fisheries services and fees may be specified in a fishing industry notice as necessary by the Chief Fisheries Officer, in consultation with the Minister, in respect of such services and related fees.

Marine living resources royalties

Foreign fishing license holders shall pay to the Accountant General such sums by way of royalties for the extraction of Barbados' fishery and other marine living resources at such times as may be prescribed by the Minister responsible for Finance.

A payment made under subsection (1) shall be accompanied by details of the fish and other marine living resources extracted, sold or disposed of, and the details of the payment and how it has been calculated.

PART XXXIX

FISHING VESSEL ACCIDENTS

Enquiry into fishing vessel accidents

When

any fishing vessel is lost, abandoned, stranded or materially damaged at sea or in harbour;

381.(1)

(a)

(b)

(c)

(2)

382.(1)

(2)

383.(1)

(a)

287

any fishing vessel causes loss or material damage to any other fishing vessel at sea or in harbour; or

by reason of any injury happening onboard any fishing vessel at sea, loss of life ensues,

the master of the fishing vessel involved shall report the events to the Chief Fisheries Officer immediately.

Assistance to be rendered to collision

In every case of a collision between fishing vessels, the master of each fishing vessel shall, if and so far as he can do so without danger to his own crew, to render to the other vessel and its crew such assistance as may be practicable and necessary to save them from any danger caused by the collision.

Where the master of a fishing vessel fails to comply with subsection (1) and no reasonable cause for such failure is shown, the collision shall, in the absence of proof to the contrary, be deemed to have been caused by his wrongful act, neglect or default.

Where the master of a fishing vessel fails without reasonable cause to comply with this section, he is guilty of an offence and liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

PART XL

FISHERIES DISPUTE SETTLEMENT

Fisheries dispute settlement tribunal

There is hereby established a tribunal to be known as the “Fisheries Dispute Settlement Tribunal”.

(b)

(c)

384.(1)

(2)

(3)

385.(1)

288

The Tribunal shall be appointed by the Minister and shall comprise the following 4 members:

an attorney-at-law of at least 10 years' standing, who shall be Chairman;

a fishing vessel owners' representative, who may be a person from a fishing vessel owners' organization;

a fisher's representative, who may be a person from a fisherfolk organization or a person holding a certificate of competency as a vessel master, or a person holding a certificate equivalent to any such certificate; and

a specialist in fisheries affairs with at least 10 years' experience.

The Tribunal shall hear and determine

any conflict arising in connection with any provision of this Act or any other enactment; and

disciplinary action on cases, which are administrative in character, involving or arising out of violations of recruitment laws, rules and regulations involving employers, principals, contracting partners and Barbadian fishers.

A fishing vessel owner or fisher may, submit in such form as the Chief Fisheries Officer approves, a dispute for settlement by the Tribunal within 30 calendar days from the date on which the dispute arose, and where the parties fail to settle the dispute between themselves.

A person aggrieved by the decision of the Tribunal may make an application to the High Court.

On any application under this section, the High Court may, if satisfied

that the decision of the Tribunal is not within the powers of this Act; or

that the interests of the applicant have been substantially prejudiced,

(2)

(a)

(b)

(c)

(d)

(3)

(a)

(b)

(4)

(5)

(6)

(a)

(b)

289

quash the decision of the Tribunal, either generally or in so far as it affects the applicant's rights or interests.

Notwithstanding the appeal to a Tribunal or Court, the parties to a fisheries dispute may seek recourse to other dispute settlement fora, including but not limited to conciliation or mediation.

Labour supplying State jurisdiction of Barbados

In the event of a labour specific fisheries dispute arising between a fisher who is a Barbadian citizen and an owner onboard whose vessel a Barbadian fisher is employed arising in Barbados, the laws of Barbados shall be the applicable laws.

Labour supply State dispute settlement option

In the cases of claims and disputes involving Barbadian fishers and a vessel owner irrespective of nationality on whose vessel a Barbadian fisher is employed, arbitration or other dispute settlement options as agreed to by the parties may be used.

If the parties are not covered by a collective bargaining agreement, the parties may submit the claim or dispute to

the original and exclusive jurisdiction of the Tribunal, pursuant to this Part; or

the original and exclusive jurisdiction of the arbitrator or panel of arbitrators.

If there is no provision as to the voluntary arbitrators to be appointed by the parties, the same shall be appointed in accordance with the Arbitration Act of Barbados, Cap. 110.

Flag State fisheries labour dispute settlement option

The State where the fishing vessel is flagged, and upon which vessel a Barbadian fisher is employed, shall have jurisdiction in relation to the settlement

(7)

386.

387.(1)

(2)

(a)

(b)

(3)

388.

290

of any maritime labour related dispute arising between a fisher who is a Barbadian citizen and a vessel owner, irrespective of nationality, on board whose vessel a Barbadian fisher is employed, or in the case of an unfair or wrongful dismissal, the Barbadian citizen was employed on board such vessel.

Dispute settlement jurisdiction clauses in fishers' agreements

Dispute settlement jurisdiction clauses in fishers' employment agreements may be agreed upon between the fisher and vessel owner and such clauses must not reduce the choice of law and choice of forum available to a fisher under this Act.

Subsection (1) applies to

dispute settlement in Barbados;

dispute settlement in the flag State;

dispute settlement in the vessel owner's domicile; and

dispute settlement in the port State, if the incident giving rise to the dispute occurred in the port State.

Non-Barbados fishers: fisheries labour dispute settlement options

Non-national fishers employed on board Barbados flagged vessels may seek to have their fisheries labour related disputes settled by any Court, Tribunal or other alternative dispute settlement mechanism in Barbados.

Subject to subsection (3), non-national fishers employed on board any fishing vessel, irrespective of the flag the vessel flies, whilst that ship is in a Barbados port may seek to have their fisheries labour related dispute settled in Barbados where the dispute arose while the vessel is in Barbados' territory.

A court or tribunal, in determining whether to hear a case brought by a non- national fisher pursuant to subsection (2), in Barbados shall consider the following

the place of the wrongful act;

389.(1)

(2)

(a)

(b)

(c)

(d)

390.(1)

(2)

(3)

(a)

291

the law of the vessel's flag;

the nationality or domicile of the fisher;

the nationality or domicile of the vessel owner;

the place where the fisher's employment agreement was concluded;

inaccessibility of the foreign forum;

the law of the forum; or

the vessel owner's base of operations.

Protection of fisher against discrimination

A person may not in any manner discriminate against a fisher because

the fisher in good faith has reported or is about to report to a maritime law enforcement officer or other authorized officer that the fisher believes that a violation of maritime labour law has occurred;

the fisher has refused to perform duties ordered by the fisher's employer because the fisher has a reasonable apprehension or expectation that performing such duties would result in serious injury to the fisher, another fisher, or the public;

the fisher testified in a proceeding brought to enforce a fisheries labour law;

the fisher notified or attempted to notify, the vessel owner, master, or agent work-related personal injury or work-related illness of a fisher;

the fisher cooperated with a maritime safety investigation by the Minister or an entity authorized by the Minister to cooperate in such safety investigation;

the fisher furnished information to the Minister, or any other public official as to the facts relating to any marine casualty resulting in injury or death to an individual or damage to property occurring in connection with vessel transportation; or

(b)

(c)

(d)

(e)

(f)

(g)

(h)

391.(1)

(a)

(b)

(c)

(d)

(e)

(f)

292

the fisher accurately reported hours of duty under this Part.

The circumstances causing a fisher's apprehension of serious injury under subsection (1)(b) must be of such a nature that a reasonable person, under similar circumstances, would conclude that there is a real danger of an injury or serious impairment of health resulting from the performance of duties as ordered by the fisher's employer.

To qualify for protection against the fisher's employer under subsection (1) (b), the employee must have sought from the employer, and been unable to obtain, correction of the unsafe condition.

Every employer to whom this Act applies, shall ensure that employees under their employ shall have a safe system of work, and that maritime labour standards and practices are complied with.

A fisher alleging discharge or discrimination in violation of subsection (1) , or another person at the fisher's request, may file a complaint with respect to such allegation.

PART XLI

FISHERIES AND TOURISM

Sustainable fish tourism plan

The Minister, in consultation with the Chief Fisheries Officer, Fisheries Advisory Council, the Minister responsible for Tourism and other fisheries sector stakeholders shall develop a sustainable fish tourism plan to

empower fisherfolk to benefit from sustainable marine development;

effectively link fisheries with tourism;

secure fisher's involvement in fish tourism projects;

support quality tourism in fisheries areas;

(g)

(2)

(3)

(4)

(5)

392.(1)

(a)

(b)

(c)

(d)

293

promote eco-friendly fisheries tourism;

identify assets for fisheries-related tourism;

identify and address the environmental and socio-economic impacts of fishing tourism; and

ensure the continued sustainable development of the fish tourism industry.

The sustainable fish tourism plan shall take due consideration of other activities occurring within Barbados waters, and also take into account any marine spatial planning requirements.

Ambit of the local fish tourism industry

The local fish tourism industry includes

onshore fisheries and fisheries related activities; and

offshore fisheries and fisheries-related activities,

engaged in by Barbados registered fishing vessels solely for tourism recreational purposes by local fishers, and foreign and domestic tourists.

Area restrictions on seagoing fish tourism activities

Seagoing fish tourism activities shall only take place in Barbados waters, by vessels flying the flag of Barbados, and are prohibited in maritime areas outside the jurisdiction of Barbados.

Authorization of foreign and domestic tourists to participate in seagoing fisheries

Foreign and domestic tourists may participate in seagoing fishing activities onboard fishing vessels registered in Barbados, for the purposes of enjoying local fishing and sea culture in Barbados.

(e)

(f)

(g)

(h)

(2)

393.

(a)

(b)

394.

395.

294

Fish tourism activities

Fish tourism activities include

boat excursions on Barbados registered fishing vessels, including remaining onboard the vessel overnight;

watching and engaging in fishing activities;

introduction to sustainable fishing methods, safe and environmentally sound use of fishing gear;

game fishing;

participating in preparation of seafood cuisine onboard or ashore;

preparation of traditional fish recipes by crew members onboard or in local restaurants or other similar establishments;

exposure of traditional fisheries knowledge and expressions of folklore in fishing and local sea culture to tourists;

general education on the marine environment and coastal biodiversity in the local fishing area;

snorkeling and scuba diving with fishers;

deep sea fishing with fishers; and

any other tourist attractive, environmentally sustainable and safe activities involving fishing, whether at sea or ashore.

Requirements for vessels engaged in fish tourism activities

Fish tourism activities shall only be conducted by professional fishers operating on vessels that

are seaworthy;

are registered in Barbados and flying the flag of Barbados;

are equipped for fishing;

396.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

397.

(a)

(b)

(c)

295

are equipped with the necessary safety and hygiene equipment;

have accommodation suitable for overnight excursions, where such excursions are part of the fish tourism package; and

are compliant with all other requirements under national law for fishing vessels operating in the fishing waters of Barbados.

Compulsory third party liability insurance

No fishing vessel shall be used as part of a fish tourism venture, except that vessel has third party liability insurance, or other equivalent form of financial security.

Fish tourism licence

All local fishers intending to engage in or engaging in fish tourism activities shall have a fish tourism licence, issued by the Chief Fisheries Officer.

A fish tourism licence is valid for a period of one year and is renewable.

A person who conducts any fish tourism activities under an expired fish tourism licence is guilty of an offence and is liable on summary conviction to a fine of $5 000 or to imprisonment for 3 months or to both.

A person who uses a fish tourism licence other than for the purpose for which it was granted is guilty of an offence and is liable on summary conviction to a fine of $7 000 or to imprisonment for 3 months or to both.

Itinerary

All fishing vessels engaged in fish tourism activities shall have an itinerary detailing

the place of commencement of the trip, any intended destinations in between as well as the final destination of the trip ;

the route to be taken for departure from shore to sea and arrival from sea to shore;

(d)

(e)

(f)

398.

399.(1)

(2)

(3)

(4)

400.(1)

(a)

(b)

296

the intended activities for tourists;

the duration of the trip; and

any other relevant information as may be required.

All fishing vessels engaged in fish tourism activities shall return to the origin of departure upon termination of the trip.

Passenger list

All fishing vessels engaged in fish tourism activities shall have a passenger list detailing

the identity and contact details of tourist to be travelling on the fishing vessel concerned, particularly where fish tourism activities involve going out to sea;

length of stay of the tourists in Barbados; and

any other relevant information as may be required.

The passenger list shall be in duplicate, with one copy being kept aboard the fishing vessel concerned and the other copy being left ashore in the custody of the Chief Fisheries Officer or any other person authorized by him.

The crew list and the passenger list shall also be provided to the Chief Fisheries Officer or any other person authorized by him.

Passenger capacity

The passenger capacity for fishing vessels engaged in fish tourism activities shall not exceed passenger carrying limits of the fishing vessel or limits otherwise specified by the Chief Fisheries Officer in a notice.

Passenger safety

All applicable national and international laws on safety of life at sea apply in relation to the carriage of passengers onboard fishing vessels engaged in fish tourism activities, and shall be strictly observed and complied with.

(c)

(d)

(e)

(2)

401.(1)

(a)

(b)

(c)

(2)

(3)

402.

403.

297

Fish tourism rules and regulations

The Minister shall, in consultation with the Chief Fisheries Officer and the Minister responsible for Tourism, make regulations for the peaceful and orderly development of fish tourism activities in Barbados waters, having regard to human safety, security, environmental and any other relevant considerations.

Applicable UNCLOS and FAO Requirements

Sustainable fishing tourism activities shall adhere to international best practices contained in the United Nations Convention on the Law of the Sea (UNCLOS), 1982 and instruments of the FAO regarding

conservation of marine living resources;

fisheries-specific conservation and management measures;

preservation of fish stocks and prevention of overfishing;

responsible fisheries practices;

IUU fishing; and

ecosystem approach to fisheries.

PART XLII

FISHING VESSEL CHARTERING

Conditions and Procedure for Bareboat Charter Registration

Interpretation

In this Part,

“bareboat” means a fishing vessel without a crew;

404.

405.

(a)

(b)

(c)

(d)

(e)

(f)

406.(1)

298

“bareboat charter” means the contract for the lease or sublease of a fishing vessel, for a stipulated period of time by virtue of which the charterer shall acquire full control and complete possession of the vessel including the right to appoint her master and crew for the duration of the charter but excluding the right to sell or mortgage the vessel;

“bareboat charter registration” means the registration of a vessel in a barefoot charter registry under the name of the charterer;

“bareboat charter registry” means the registry of the State whose flag the fishing vessel is entitled to fly during the period in which the charterer is registered as the bareboat charterer;

“compatible registry” means a vessel registry of a foreign State declared by the Principal Registrar, in the case of vessels registered on the international fishing vessel register, or the Chief Fisheries Officer, in the case of the domestic fishing vessel register, to be a compatible registry in terms of subsection (2);

Whenever it appears to the Principal Registrar or Chief Fisheries Officer, that the provisions of the law of a State with regards to bareboat charter registration are compatible with the provisions of this Act, the Principal Registrar or Chief Fisheries Officer may declare the vessel registry of that State to be a compatible registry for the purposes of this Act.

Bareboat Chartering-in of foreign registered fishing vessels

Bareboat charter-in registration

Whenever it appears to the Principal Registrar or Chief Fisheries Officer, as the case may be, that the provisions of the law of a State with regard to bareboat charter-in registration are compatible with the provisions of this Act, he may declare the vessel registry of that State to be a compatible registry for the purposes of this Part.

(2)

407.(1)

299

Notwithstanding anything contained in the registration provisions of this Act, a fishing vessel not eligible under this Act to be registered as a Barbados fishing vessel shall be eligible to be registered at the discretion of the Principal Registrar or Chief Fisheries Officer, as the case may be, as a Barbados vessel pursuant to this section provided that

the vessel is bareboat chartered to a citizen or national of Barbados domiciled in Barbados or to any person authorized in writing by the Principal Registrar or Chief Fisheries Officer, as the case may be;

the vessel is not a Barbados registered fishing vessel and is registered in a compatible registry;

subject to subsection (6) the fishing vessel is not registered in another bareboat charter registry; and

such certified documents as the Principal Registrar or Chief Fisheries Officer, as the case may be, may require are submitted to such Registrar or officer shall include but shall not be limited to the following:

an application for registration under this Part made by the charterer or his authorized agent containing such information as may be required by the Principal Registrar or the Chief Fisheries Officer, as the case maybe;

a declaration of bareboat charter made by the charterer accompanied by a copy of the charter agreement which shall not be available for public inspection;

a copy of the existing Certificate of Seaworthiness and any other relevant documentation in respect of the fishing vessel;

a payment of relevant fee;

a certificate of good standing of the bareboat charterers, in the case of a foreign bareboat charter;

true copies of all relevant mortgages and the copies shall be made in the English Language or an authenticated translation,

(2)

(a)

(b)

(c)

(d)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

300

indicating the name of the vessel, the name of the parties, the total original amount, the discharge amount, and the date of maturity;

a transcript or an extract of the primary registration of the vessel that shall include a description of the fishing vessel, the owners and where applicable, all registered mortgages and encumbrances of the vessel and the document shall be available for public inspection; and

the consent in writing, for the vessel to be bareboat chartered in Barbados, of the appropriate authorities of the primary registry.

For the purposes of subsection (2)(d)(viii), the bareboat charterer may be further required by the Principal Registrar or Chief Fisheries Officer, as the case may be, to declare that during the period of bareboat charter registration the fishing vessel will not be entitled to fly their flag, the owners of the vessel and all holders of registered mortgages, hypotheques and charges.

The charterer shall produce to the Registrar or Chief Fisheries Officer, as the case may be, within 30 days any amendments or modifications to the bareboat charter.

Where amendments or modifications are effected to the primary registration, the charterer shall

within 7 days from the amendments being effected, communicate to the Registrar or Chief Fisheries Officer, as the case may be, the amendments or modifications; and

within 30 days of the amendments or modifications having been entered into the primary register, produce to the Registrar or Chief Fisheries Officer, as the case may be, a transcript or an extract of the primary registration showing the amendments or modifications.

The Registrar or Chief Fisheries Officer, as the case may be, may, under such circumstances and conditions as may be specified by him, permit the

(vii)

(viii)

(3)

(4)

(5)

(a)

(b)

(6)

301

registration of a fishing vessel pursuant to this section that is already bareboat chartered with a foreign registry.

Subject to subsection (7), a fishing vessel shall be registered pursuant to this section by the name under which she is registered in the primary registry, if the name is not already the name of a registered Barbados fishing vessel or a name so similar as to be calculated to deceive.

The name of a fishing vessel to be registered or of a vessel already registered under this Part may be changed prior or subsequent to registration pursuant to this Part, as the case may be if the appropriate authorities of the primary registry, the owners and the registered mortgagees, if any, have consented to it.

Procedure for bareboat charter-in registration

Where the Registrar or Chief Fisheries Officer, as the case may be, is satisfied that all conditions for registration specified in this section or other provisions of this Act, where applicable, have been complied with and upon payment of the prescribed fee, the Registrar or Chief Fisheries Officer, as the case may be, shall

enter in the register of Barbados fishing vessels all particulars of the fishing vessel and her primary registration, owners and charterers, stating that it is a bareboat charter-in registration, the expiry date of the registration and enter in the register the official record of any mortgages affecting the fishing vessel;

inform the appropriate authorities of the primary registry of the registration under this section; and

issue a certificate of bareboat charter-in registration that includes the name and particulars of the fishing vessel, the name of the home port Bridgetown, Barbados and the expiry date of the registration.

Upon the issue of a certificate of bareboat charter-in registration all documents issued in respect of the fishing vessel by the primary registry shall be

(7)

(8)

408.(1)

(a)

(b)

(c)

(2)

302

surrendered to the appropriate authorities of that registry and within 30 days of the issue of the certificate, the charterer shall make and deliver to the Registrar or Chief Fisheries Officer, as the case may be, a declaration to that effect.

Subject to subsection (4), the duration of such registration shall be for a period not exceeding the duration of the bareboat charter or the expiry date of the primary registration, whichever is the shorter period but in no case for a period exceeding 5 years.

At the request of the charterer or his authorized agent, the Registrar or the Chief Fisheries Officer, as the case may be, may extend and further extend the bareboat registration for the remaining period of the charter or until the expiry date of the primary registry, whichever is the shorter period but in no case for periods exceeding 2 years at a time, provided that he has received written consent to this extension from the appropriate authorities of the primary registry, the owners and the registered mortgagees, if any, within 7 days from the Registrar having informed them of the request for extension.

Upon the grant of an extension, the Registrar or Chief Fisheries Officer, as the case may be, shall

enter the new expiry date in the register of the fishing vessel;

issue a certificate of extension of bareboat charter-in registration that includes the expiry date; and

inform the appropriate authorities of the primary registry.

No extension of a bareboat charter-in registration pursuant to subsection (5) shall be permitted beyond a period of 5 years from the date of first registration of the bareboat charter; and in the event that the charterer or his authorized agent wishes to extend a bareboat charter beyond 5 years, the bareboat charter shall be re-registered under this section as if it were the first registration of such a bareboat charter.

A vessel registered pursuant to this section shall be deemed to be a Barbados fishing vessel and except where otherwise provided shall be under the

(3)

(4)

(5)

(a)

(b)

(c)

(6)

(7)

303

jurisdiction and control of Barbados and shall comply with the laws applicable to Barbados.

A fishing vessel registered under this section shall only hoist the Barbados flag as provided for in this Act.

The home port of a fishing vessel registered under this section shall be Bridgetown, and shall be shown on the certificate of bareboat charter registration and shall be marked as specified in writing by the Registrar or Chief Fisheries Officer, as the case may be.

The charterers shall notify the Registrar or Chief Fisheries Officer, as the case may be, of any transfer of ownership of a fishing vessel registered pursuant to this Part and the registration of the fishing vessel under this section shall be closed, unless the new owners, within 7 days, inform the Registrar or Chief Fisheries Officer, as the case may be, that they have no objection to the registration of the fishing vessel in accordance with this section, and within 30 days of having made the declaration, deliver in writing to the Registrar or Chief Fisheries Officer, as the case may be, their consent to the registration.

In respect of a registered fishing vessel bareboat chartered-in, the following fees are to be paid

bareboat charter-in registration fee; and

commercial operation fee.

Mortgages and encumbrances: bareboat chartered fishing vessels

The registration of mortgages and encumbrances under this Act, in respect of fishing vessels registered under this Part are prohibited and the Chief Fisheries Officer shall not register any such mortgages and encumbrances, such power of registration shall remain vested in the Registrar.

Extracts of mortgages, hypotheques and charges shall be recorded in a bareboat charter registry book in the same order as recorded in the foreign registry.

(8)

(9)

(10)

(11)

(a)

(b)

409.(1)

(2)

304

The bareboat charter book shall be maintained at the offices of the

Registrar, in respect of fishing vessels registered on the international fishing vessel register; and

the Chief Fisheries Officer, in respect of fishing vessels registered on the domestic fishing vessel register,

and the information contained in the statement affixed to the document shall be endorsed upon the vessels bareboat charter certificate of registration.

The bareboat charter book may be in electronic format.

Closure of bareboat charter registration

The Registrar or the Chief Fisheries Officer, as the case may be, may order that the registration of a fishing vessel under this Part be closed

if any of the provisions of this Act, in so far as the same may be applicable to a fishing vessel registered pursuant to this section, is not complied with; or

for any reason specified in this Part, in so far as the same may be applicable to a fishing vessel registered under this section.

Where the charterer of a fishing vessel, registered pursuant to this section, desires to close the bareboat charter registration of such vessel, he shall make an application to that effect to the Registrar or the Chief Fisheries Officer, as the case may be, giving all particulars and information which the Registrar or the Chief Fisheries Officer, as the case may be, may require for the purpose and the application made and substantiated shall be acceded to if all liabilities and obligations in respect of the fishing vessel towards Barbados whether for fee, charges, fines or otherwise have been paid.

(3)

(a)

(b)

(4)

410.(1)

(a)

(b)

(2)

305

The Registrar or the Chief Fisheries Officer, as the case may be, shall close the registration of a fishing vessel under this Part, and shall make an entry to that effect in the register, if

the Registrar or Chief Fisheries Officer, as the case may be, has ordered the closure in terms of subsection (1);

a voluntary closure of registry has been requested and the request has been acceded to by the Registrar or Chief Fisheries Officer, as the case may be, in terms of subsection (2);

the appropriate authorities of the primary registry, or the owners or any of the mortgagees, if any, have withdrawn their consent to the bareboat charter-in registration in Barbados;

the registration in the primary registry has for any reason been terminated;

the charter lapses or is terminated by any of the parties to it; or

the period for which the vessel has been bareboat charter registered lapses and no extension has been granted in accordance with this Part.

Upon the closure of registration in terms of subsection (3) the vessel shall cease to be a Barbados fishing vessel and the Registrar or Chief Fisheries Officer, as the case may be, shall immediately notify the appropriate authorities of the primary registry and the owners of the closure.

The Registrar or Chief Fisheries Officer, as the case may be, may refuse to issue a deletion certificate of registration or a transcript of registry showing the closure of registry until

the certificate of bareboat charter-in registration has been surrendered to him; and

all liabilities and obligations in respect of the fishing vessel towards the State of Barbados whether for fees, charges, fines or otherwise have been paid.

(3)

(a)

(b)

(c)

(d)

(e)

(f)

(4)

(5)

(a)

(b)

306

Bareboat Chartering-out of Barbados registered Fishing Vessels

Bare boat charter-out registration in a foreign registry

Notwithstanding any other provision of this Act a Barbados fishing vessel registered under this Part may bareboat charter-out to a foreign registry if the Registrar or Chief Fisheries Officer, as the case may be, gives consent in terms referred to in subsection (2).

The Registrar or the Chief Fisheries Officer may, as the case may be, under such conditions as he may deem fit to impose, give his consent referred to in subsection (1) and issue a confirmation of registration and letter of authorization to bareboat charter with a foreign registry if

the fishing vessel is registered as a Barbados vessel in accordance with the relevant provisions of this Act;

the bareboat charter registry where the fishing vessel is to be registered is a compatible registry;

payment of relevant fees are forthcoming; and

the following documents are submitted to him

an application for bareboat charter-out to a foreign registry made by the owners containing such information as may be required by the Registrar or Chief Fisheries Officer, as the case may be;

the consent in writing to such registration of all registered mortgagees, if any;

a written undertaking by the owners to surrender the certificate of registry issued under this Act within 15 days from the entry into the bareboat charter registry;

a written undertaking by the charterer that the Barbados flag shall not be hoisted during the period of bareboat charter-out to the foreign registry; and

411.(1)

(2)

(a)

(b)

(c)

(d)

(i)

(ii)

(iii)

(iv)

307

a copy of the bareboat charter.

The owners shall, within 30 days of such amendments or modifications being effected, produce to the Registrar or Chief Fisheries Officer, as the case may be, any amendments or modifications to the bareboat charter.

Subject to the provisions of subsection (5) a Barbados registered fishing vessel shall be bareboat charter registered in a foreign registry by the name under which it is registered in Barbados.

The name of a Barbados registered fishing vessel, bareboat chartered-out to a foreign registry may only be changed with the written permission of the Registrar, or Chief Fisheries Officer, as the case may be, if such change is being effected also in the bareboat charter registry.

The registration in a foreign bareboat charter registry of a vessel registered under this Act not made in accordance with the provisions of this Act shall be void.

Upon the bareboat charter registration of a Barbados registered fishing vessel in a foreign registry

the owners shall immediately notify the Registrar or Chief Fisheries Officer, as the case may be, of the registration, and within 30 days surrender to the Registrar or Chief Fisheries Officer, as the case may be, the certificate of registry issued to the vessel under this Act and deliver to the Registrar or the Chief Fisheries Officer, as the case may be, a transcript or an extract of the foreign bareboat charter registration; and

where the Registrar or Chief Fisheries Officer, as the case may be, is satisfied that the registration has been effected according to the provisions of this Act, the Registrar or Chief Fisheries Officer, as the case may be, shall make an entry to that effect in the appropriate fishing vessel register.

The owners shall immediately notify the Registrar or Chief Fisheries Officer, as the case may be, of the closure or lapse of the bareboat charter

(v)

(3)

(4)

(5)

(6)

(7)

(a)

(b)

(8)

308

registration in a foreign registry and shall within 30 days of the closure of the registry deliver to the Registrar or Chief Fisheries Officer, as the case may be, a transcript or an extract of the foreign bareboat charter registration showing the closure.

Unless otherwise provided for in this section, the owners of a Barbados registered fishing vessel shall comply with the laws of the foreign registry.

Notwithstanding any other provision in this Act, during the time a Barbados registered fishing vessel is bareboat chartered-out to a foreign registry in accordance with this section

the fishing vessel shall not hoist the flag of Barbados and shall be permitted to fly the flag of the foreign bareboat registry; and

the home port of the fishing vessel shall be that of the bareboat charter registry.

The owners shall, within one month from the entry into the foreign bareboat charter registry, make and deliver to the Registrar or Chief Fisheries Officer, as the case may be, a

copy of the foreign flag carving note; or

declaration to the effect that the name of the foreign home port has been marked on the stern of the vessel in lieu of the name Bridgetown, Barbados.

A Barbados fishing vessel bareboat chartered-out to a foreign registry shall, notwithstanding such registration, continue to be subject to the payment of all the fees in respect of the fishing vessel.

Notwithstanding that a Barbados registered fishing vessel may bareboat charter-out to a foreign registry, all matters with respect to title over the vessel, mortgages and encumbrances shall continue to be governed by the laws of Barbados which includes the provisions of the International Convention on Maritime Liens and Mortgages 1993.

(9)

(10)

(a)

(b)

(11)

(a)

(b)

(12)

(13)

309

Any transaction affecting the title over the fishing vessel or relating to the registration, amendment, transfer and transmission and discharge of mortgages shall be made and registered in accordance with the provisions of this Act and only by the person specified therein.

The registration of any mortgages or encumbrances in the foreign bareboat charter registry shall be void.

The Registrar or the Chief Fisheries Officer, as the case may be, may withdraw the consent referred to in subsection (1), if any of the applicable provisions of this Act are not complied with and the Principal Registrar or Chief Fisheries Officer, as the case may be, shall withdraw the consent, if

the Minister, in the national interest or in the interest of Barbados fishing industry and after giving the owners and the charterers of the fishing vessel a reasonable opportunity to make representations, has ordered the Registrar to withdraw the consent;

any of the conditions required to be fulfilled in terms of subsection (2) are not so fulfilled; or

the charter terminates or is terminated by any party to it.

Upon the withdrawal of the consent of the Registrar under subsection (16)

the Registrar or the Chief Fisheries Officer, as the case may be, shall inform the appropriate authorities of the bareboat charter registry, the owners and the charterers of the withdrawal; and

the bareboat charter-out registration shall be terminated.

Upon the termination of the bareboat charter registration

the Registrar or Chief Fisheries Officer, as the case may be, shall make an entry to that effect in the appropriate register, and the fishing vessel shall be subject to all the provisions of the laws of Barbados;

(14)

(15)

(16)

(a)

(b)

(c)

(17)

(a)

(b)

(18)

(a)

310

within 30 days from the termination of such registration the owners shall make and deliver a declaration to the Registrar or Chief Fisheries Officer, as the case may be, that the certificate of bareboat charter registration has been surrendered to the foreign bareboat charter registry, and the Registrar or Chief Fisheries Officer, as the case may be, unless the registry of the fishing vessel elsewhere under this Act is also being closed shall deliver to the owners the certificate of registry which had been surrendered to him in accordance with subsection (2); and

within 30 days from the termination of such registration the owners shall deliver to the Registrar or Chief Fisheries Officer, as the case may be, a transcript or an extract of the register showing that the bareboat charter registration has been cancelled.

Duration of bareboat charter-out

The duration of the charter-out period shall be for a period not exceeding the duration of the bareboat charter or the expiry date of the present registry, if any, whichever is shorter but in no case shall the period exceed 5 years.

To renew the bareboat charter-out period, on expiry of duration of the bareboat charter in subsection (1) the following are required:

an addendum to the Charter Party Agreement; and

consent from the primary registry.

Payment of fees during charter-out period

A Barbados registered fishing vessel bareboat chartered-out to a foreign registry continues to be subject to the payment of all prescribed fee in relation to the fishing vessel.

(b)

(c)

412.(1)

(2)

(a)

(b)

413.

311

PART XLIII

BARBADOS INSTITUTE FOR FISHERIES AND FISHERIES-RELATED STUDIES

Establishment of Barbados Institute for Fisheries and Fisheries- related Studies

At any time after the entry into force of this Act, the Minister may after consultation with the Chief Fisheries Officer and other stakeholders, and with Cabinet's approval, establish an institute to be known as the Barbados Institute for Fisheries and Fisheries-related Studies in this Act referred to as the “Institute”.

The objectives of the Institute shall include

providing education in fisheries, including technical and vocational training and other allied fields of learning and research scholarship;

advancing fisheries specific life long learning for national, regional and international interests;

undertaking extension fisheries oriented education programmes and promoting student exchange opportunities between the Institute and other regional and international institutions offering fisheries oriented programmes;

formulating new courses in academic, scientific, technical and vocational disciplines, in alignment with advancements in these respective fields;

being a centre of excellence, having a leading role in human resources and career development in the fishing industry, and various sectors within the industry;

assisting in the continued sustainable management and development of Barbados' fishing industry; and

414.(1)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

312

performing such other functions in support of national development in fisheries, including continued advancement of fisherfolk and the fishing industry.

Where effect is given to subsection (1), the Chief Fisheries Officer, in consultation with relevant stakeholders shall develop a governing instrument to be known as the Charter of the Barbados Institute for Fisheries and Fisheries- related Studies.

All administrative, management, operational and regulatory aspects of the Institute shall be carried out in accordance with the Charter.

In addition to the Charter, such other instruments in respect of the Institute may be developed as necessary to ensure the continued proper and effective governance of the Institute and its activities.

PART XLIV

APPLICATION OF INTERNATIONAL AND REGIONAL FISHERIES INSTRUMENTS

International fisheries instruments to have force of law

The following international fisheries instruments shall have the force of law in Barbados

United Nations Convention on the Law of the Sea (UNCLOS), 1982;

United Nations Agreement on Straddling and Highly Migratory Fish Stocks (UNFSA);

FAO Code of Conduct on Responsible Fisheries;

FAQ Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated (IUU) Fishing, 2009;

(g)

(3)

(4)

(5)

415.

(a)

(b)

(c)

(d)

313

International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995; and

ILO Work in Fishing Convention, 2007.

Cape Town Agreement of 2012 on International Convention for the Safety of Fishing Vessels

The Cape Town Agreement on the implementation of the provisions of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels shall, when it enters into force internationally have the force of law in Barbados.

Ambulatory Reference

In respect of international Conventions given force of law under this Act any reference to those Conventions shall be construed as

a reference to those Conventions and Protocols as modified from time to time; and

if those Conventions and Protocols are replaced in whole or in part by another instrument, as a reference to that instrument.

Regional fisheries agreements

Regional fisheries agreements to which Barbados is party shall be complied with to the extent practicable.

Conventions prevail

Where this Act conflicts with any international fisheries conventions to which Barbados is party, namely fisheries-related conventions of the International Maritime Organization, International Labour Organization or the Food and Agriculture Organization of the United Nations, the conventions and any pursuant international regulations prevail unless the Minister otherwise provides by such regulations as he may make.

(e)

(f)

416.

417.

(a)

(b)

418.

419.

314

Extent of application of international fisheries legal and policy frameworks

International fisheries legal and policy frameworks apply to the extent necessary for ensuring adherence to international best practices, and compliance with international standards in the fisheries sector; giving due regard to the capacity, capability, resources and other local circumstances peculiar to the national fisheries sector.

PART XLV

MISCELLANEOUS

Non-payment of Fees

Non-payment of fees

A person who operates a fishing vessel and owes any fees shall pay all outstanding fees to the Fisheries Division within 12 months of the commencement of this Act.

A person who fails to comply with subsection (1) shall be charged a fee of $10 for each day he fails to pay all outstanding fees.

Notwithstanding subsection (1) or (2), a person who is unable to settle outstanding fees may write to the Chief Fisheries Officer stating reasons for non- payment of fees and make a request to enter into a settlement arrangement.

420.

421.(1)

(2)

(3)

315

Environmental and Social Impact Assessment

Environmental and social impact assessment

An environmental and social impact assessment shall be undertaken in respect of certain fisheries specific activities or projects, based on the type of activity or project and its environmental and social implications.

A determination as to whether an environmental and social impact assessment should be carried out is to be determined by the Chief Fisheries Officer, in consultation with relevant stakeholders.

An environmental and social impact assessment shall be accompanied by an environmental and social management plan, which shall be submitted to the Chief Fisheries Officer along with the application in relation to the fisheries specific activity or project.

The environmental and social management plan shall document

mitigation and management measures specific to the environmental impacts of the applicant's proposed activities; and

mitigation and management measures specific to the social impacts of the applicant's proposed activities.

Fisheries Sector Investment Schemes

Entry into fisheries sector investment schemes

The Chief Fisheries Officer may, as directed by the Minister, subject to Cabinet’s approval, facilitate entry into investment schemes in respect of any sub-sector within the fisheries sector, excluding the aquaculture and mariculture sectors.

The Chief Fisheries Officer may, in consultation with the Minister and interested investors, develop and manage schemes directed at investment for development of Barbados' fishing industry.

422.(1)

(2)

(3)

(4)

(a)

(b)

423.(1)

(2)

316

Binding nature of fisheries sector investment scheme

A fisheries sector investment scheme is legally binding on all parties to the scheme where

the terms, conditions and other matters pertaining to the scheme have been agreed to in writing by the parties to the scheme; and

the scheme is validated in accordance with this Act.

Validity of the scheme

A fisheries sector investment scheme is valid for the purposes of this Act where it is registered with the Fisheries Division.

Particulars of the scheme

The scheme shall detail the following particulars:

parties to the scheme;

duration of the scheme;

scope of activities to be undertaken within the scheme;

rights and responsibilities of all parties to the scheme;

insurance or other form of equivalent financial security for the venture;

benefit sharing arrangements;

duty free concessions;

fisheries research, training and knowledge transfer;

environmental and ecosystem protection and restoration measures, as appropriate;

use of traditional fisheries knowledge;

specific actions that will be undertaken to promote corporate social responsibility, in furtherance of Part XXVII of this Act;

424.

(a)

(b)

425.

426.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

317

dispute settlement arrangements; and

any other relevant particulars as determined by the parties to the scheme.

Compliance requirements for scheme parties

Parties to the scheme shall comply with

national fisheries policies and laws;

fisheries management plan;

marine spatial planning requirements;

maritime boundary and jurisdictional rights; and

international best practices on fisheries.

Scheme restrictions

A fisheries sector investment scheme shall not be concluded where it would be

disadvantageous to the local fishing industry or other marine users or uses; or

otherwise detrimental to the cultural development or environmental, economic or social interests of Barbados.

The Chief Fisheries Officer shall hold stakeholder consultations prior to concluding a fisheries sector investment scheme.

Where after entering into and operationalizing a fisheries sector investment scheme, its disadvantages become apparent, the scheme may be temporarily suspended to allow for rectification of the matters causing the identified disadvantages.

(l)

(m)

427.

(a)

(b)

(c)

(d)

(e)

428.(1)

(a)

(b)

(2)

(3)

318

Subsection (3) shall not come into effect unless

a request for temporary suspension of the scheme is made in writing to the Minister by the affected person or group of persons; or

the request is accompanied by reasons and supporting evidence.

Where the identified disadvantages cannot be wholly remedied, the Minister shall ensure that an equitable compromise is agreed to in writing, and the fisheries sector investment scheme is modified accordingly.

Fisheries Subsidies

Fisheries subsidies

The Minister may, in consultation with the Chief Fisheries Officer, stakeholders other agencies, where it is the best interest of Barbados’ fishing industry, facilitate entry into agreements on fisheries subsidies.

Notwithstanding subsection (2), any agreement on fisheries subsidies that may result in

fisheries stock depletion;

negative impacts on the marine ecosystem;

economically, socially or otherwise disadvantage fisherfolk;

unsustainable development of Barbados’ fishing industry,

shall not be entered into.

The Minister shall, in consultation with the Chief Fisheries Officer, ensure appropriate mechanisms for managing fisheries activities within the context of a fisheries subsidies agreement are in place.

(4)

(a)

(b)

(5)

429.(1)

(2)

(a)

(b)

(c)

(d)

(3)

319

Disclosure of Information

Disclosure of information

The Chief Fisheries Officer may disclose information which he receives to

an authorized official; or

a duly authorized representative of the government of another country,

in connection with the enforcement of this Act or any other law of Barbados.

Prohibition of publication or disclosure of information by unauthorized persons

No person shall, without the consent in writing given by the Chief Fisheries Officer, publish or disclose to any person other than in the course of his duties, or when lawfully required to do so by any court or under any law, the contents of any document, communication or information whatsoever, which relates to, and which has come to his knowledge in the course of his duties under this Act.

Any person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

Any person having information which to his knowledge has been published or disclosed in contravention of subsection (1) who unlawfully publishes or communicates any such information to any other person, is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

The consent of the Chief Fisheries Officer under subsection (1), shall not be unreasonably withheld.

430.

(a)

(b)

431.(1)

(2)

(3)

(4)

320

Confidentiality

No employee or agent of the Fisheries Division shall

use, either directly or indirectly, any confidential information obtained as a result of his relationship with the Fisheries Division for his own benefit or advantage; or

disclose confidential information obtained as a result of his relationship with the Fisheries Division to any person other than

an authorized official; or

a duly authorized representative of the government of another country in connection with the enforcement of this Act or another law of Barbados.

A person who receives confidential information from a person specified in subsection (1) is subject to the provisions of this section as if he were a person specified in subsection (1).

A person who contravenes this section is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

Publication of information

The Chief Fisheries Officer may publish in the Official Gazette and in a daily newspaper published and circulating in Barbados and, in such form as may be appropriate, any information which the he considers to be of public interest.

432.(1)

(a)

(b)

(i)

(ii)

(2)

(3)

433.

321

Suspension, Cancellation or Revocation of Licences, Permits etc.

Suspension, cancellation; revocation or variation of licences, permits, etc.

The Chief Fisheries Officer, after consultation with the Minister, may suspend, cancel, revoke or vary any licence, permit or other instrument issued by him pursuant to this Act or any other enactment in respect of any contraventions by the holder of such licence, permit or other instrument.

Restriction on grant of licence, permit, etc.

A permit, licence or other instrument shall not be issued or endorsed as valid to an applicant who is under the age of 18 years.

Notwithstanding anything contained in this Act or any other enactment, no permit, licence or other instrument shall be issued to a person, the results of whose environmental and social impact assessment shows negative impacts which

are irreversible;

no alternatives have been identified in order that the activity or project may proceed via an alternative means, so that the negative impacts may be avoided;

has significant difficulties in adequately dealing with uncertainties; and

for other reasons, specified in writing by the Chief Fisheries Officer,

would not be in the best interest of Barbados.

Notwithstanding anything contained in this Act or any other enactment, no permit, licence or other instrument shall be issued to a person who lacks the financial capacity and technical competence required to successfully carry out the activities or projects to which the application relates, the effect of which, in the opinion of the Chief Fisheries Officer, makes it undesirable that he be issued with a permit, licence or other instrument.

434.

435.(1)

(2)

(a)

(b)

(c)

(d)

(3)

322

Notwithstanding anything contained in this Act or any other enactment, no permit, licence or other instrument shall be issued to a person who has an unsatisfactory track record in performance or execution of activities or projects the effect of which, in the opinion of the Chief Fisheries Officer, makes it undesirable that the person be issued with a permit, licence or other instrument.

The Chief Fisheries Officer may require at the time of any application submitted to him, that a reference or testimonial from such number of persons or entities whom the applicant previously undertook similar activities or a similar project be submitted along with the application to the Chief Fisheries Officer.

Nothing in this section precludes the Chief Fisheries Officer from carrying out any background checks in relation to any applicant.

Miscellaneous

Transfer of functions outside of Barbados

The Chief Fisheries Officer may, with the approval of the Minister, where he considers it justifiable, authorize an entity or competent person outside Barbados to perform specified regulatory oversight responsibilities on behalf of the Fisheries Division.

Fisheries management and conservation measures

Where necessary, fisheries management and conservation measures may include

closed seasons and closed areas for species;

prohibited fishing areas or prohibited fishing methods;

limitations on the types of gear, number and type of fishing vessels, licences to engage in fishing;

limitations on the amount, size, age and other characteristics and species of fish that may be caught, landed or traded;

(4)

(5)

(6)

436.

437.

(a)

(b)

(c)

(d)

323

regulation of the landing of fish and providing for the management of fish landing facilities;

regulation of trade in endangered fisheries species of fish and fish products;

prohibiting the possession, importation or manufacture of prohibited gear;

mitigating vulnerabilities, building resilience and aiding in quick recovery from impacts such as hurricanes and climate change;

integration of fisheries into national environmental, coastal, economic, social and marine planning and discussions;

prevention of pollutants, such as oils, sewage, garbage, agro-chemical and toxic substances from entering the marine environment;

protection of critical fisheries resources and their habitats from destruction, degradation, pollution and other negative impacts;

rehabilitation of overfished fisheries resources and ecosystems as far as possible;

ensuring that the activities in the fishery do not undermine the effectiveness of conservation and management measures;

monitoring, control and surveillance of fishing activities in the waters of Barbados and vessels flying the flag of Barbados, wherever the vessel may be;

cooperation at the national, regional and international levels to promote conservation and management and ensure responsible behaviour at all levels of the value chain;

protection of the rights of fishers and other fisheries workers;

provision of measures to ensure conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, when engaging in fishing activities in such areas; or

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(n)

(o)

(p)

(q)

324

any other measures consistent with the objective and principles of this Act and any enactments made under this Act.

Regulations

The Minister may make regulations generally for the sustainable management and development of fisheries, aquaculture and mariculture in Barbados and in particular, for the following:

mesh sizes, types, use and storage of fishing gear;

fishing methods, closed seasons, closed areas;

fishing effort and minimum sizes of fish that may be caught and retained;

use of fish aggregating devices and activities around fish aggregating devices;

standards for aquaculture and mariculture;

maximum allowable catches for all or any specified fisheries;

fees to be paid for services under this Act;

catching and utilization of fish taken incidentally when fishing for a species for which a licence has been issued;

registration and licensing of fishing gear, fishing vessels, fisheries workers, fisheries associations, recreational fishing clubs, fishing entities and other fisheries related activities;

data and information to be collected or submitted on fishing and fishing related activities;

use of underwater breathing apparatus, spear guns or other similar devices;

export of fish, aquatic flora or fish products;

(r)

438.(1)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

325

regulating the landing, marketing and distributing of fish or aquatic flora including

the control, management and regulation of any undertaking established by the Government for the marketing and distribution to the public of any fish, aquatic flora or fish products; and

the control, management and regulation of the premises and adjacent waters at which such undertaking is conducted;

implementation of any agreement or arrangement entered into under this Act

recreational fishing and related activities;

regulating

the taking, injuring or destroying of coral and shells outside any restricted area;

the setting of fishing fence;

the taking of ornamental fish;

aquaculture operations; and

taking or injuring any endangered species;

prescribing measures for the protection of turtles, lobsters, conchs, sea- eggs and endangered or threatened species and their habitats;

measures for the safety of Barbados registered fishing vessels and fishermen;

inspection and certification of fishing vessels;

particulars to be recorded in the registers of fishing vessels, fisheries workers and fisheries establishments;

standards for

construction or alteration of Barbados registered fishing vessels;

(m)

(i)

(ii)

(n)

(o)

(p)

(i)

(ii)

(iii)

(iv)

(v)

(q)

(r)

(s)

(t)

(u)

(i)

326

display of registration and identification marks on fishing vessels;

stability and seaworthiness of fishing vessels;

safety equipment and other equipment to be carried on fishing vessels;

sanitary conditions of fishing vessels;

use and protection of the marine genetic resources;

use of fish and fishery products in the spa industry;

use of fish and fishery products in cosmetic, biomedical and pharmaceutical applications;

for the development, deterrence and elimination of marine living resources and fisheries related crimes;

the prevention of food fraud practices in fisheries;

respecting international see going fishing vessels registered under Part XIV;

respecting the payment of annual tonnage tax by vessels registered under Part XIV; and

any other matter that is by this Act required or authorized to be prescribed.

Fishing industry notices

The Chief Fisheries Officer may issue a fishing industry notice to facilitate the administration of this Act.

Fisheries sector management directives

The Chief Fisheries Officer may, with the approval of the Minister, issue fisheries sector management directives.

(ii)

(iii)

(iv)

(v)

(v)

(w)

(x)

(y)

(z)

(aa)

(bb)

(cc)

439.

440.

327

Amendment of Schedules

The Minister may by order amend the Schedules to this Act.

Power to waive fees

The Minister may by order waive any fees imposed under this Act or any enactment made under this Act.

Transitional

With effect from the commencement of this Act, a person who immediately before the commencement of this Act was engaged in the operation of a fishing vessel or otherwise engaged in fisheries activities to which this Act applies shall within 18 months after the commencement of this Act, comply with the provisions of this Act.

Repeal

The Fisheries Act, Cap. 391, is hereby repealed.

441.

442.

443.

444.

328

FIRST SCHEDULE

(Section 8(3))

Fisheries Advisory Council

The Fisheries Advisory Council shall comprise 13 members appointed by the Minister by instrument under the public seal.

The members of the Council are as follows:

a person with expertise in commercial fishing;

a person with expertise in recreational fishing;

a person with expertise in aquaculture;

a person with expertise in fisheries management;

a person with expertise in conservation of aquatic resources;

a person with expertise in fish marketing;

a person with expertise in project preparation and financing;

a person with expertise in international fisheries and fisheries related matters;

a person with expertise in fisheries legislation;

a person with expertise fish processing;

a representative from the fisherfolk organization;

the Chief Fisheries Officer, ex officio; and

the Senior Manager of Markets, ex officio.

The Minister shall appoint a member to be the Chairman and another member to be the Deputy Chairman.

1.(1)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(3)

329

A member of the Council holds office for a term of 3 years unless he dies, resigns or has his appointment revoked before the end of that term, but

a person who is appointed to fill a vacancy created by the death, resignation or removal from office of a former member shall hold office only for the unexpired portion of the term of that former member;

every member is, on the expiration of the term of his appointment, eligible for re-appointment for a further term.

The Minister may, in writing, grant leave of absence to a member of the Council, and may appoint a person to act temporarily in the place of that member.

A member of the Council, other than the Chairman, may resign his office by instrument in writing addressed to the Minister and transmitted through the Chairman and from the date of the receipt of the instrument by the Minister that member ceases to be a member of the Council.

The Chairman may resign his office by instrument in writing addressed to the Minister and from the date of the receipt of the instrument by the Minister the Chairman ceases to be Chairman and, where the instrument so specifies, ceases to be a member.

The Council shall meet on such days and at such times and places as may be expedient for the transaction of business.

The Chairman, or in the event of his being absent from Barbados or for any reason unable to act, the Deputy Chairman, may call a special meeting of the Council and is required to call such a meeting within 7 days after receiving a notice to do so by any 4 members.

Five members shall constitute a quorum.

2.

(a)

(b)

3.

4.

5.

6.

7.

8.

330

Decisions of the Council shall be by a majority of votes and where the voting is equal, the officer presiding at the meeting shall, in addition to his original vote, have a casting vote.

Minutes of each meeting shall be kept by the Secretary or other person appointed by the Council for the purpose, and confirmed by the Council at its next meeting, and signed by the officer presiding at that meeting.

The Council may invite persons to attend any of its meetings for the purpose of assisting or advising it in respect of any matter but a person so invited does not have a right to vote.

The Seal of the Fisheries Advisory Council shall be

kept in the custody of the Chairman or the Deputy Chairman or such officer of the Council as the Council may approve, and may be affixed to instruments pursuant to a resolution of Council and in the presence of the Chairman or Deputy Chairman and any other member of the Council; and

authenticated by the signature of the Chairman or the Deputy Chairman and of the other member of the Council in whose presence it was affixed, and such Seal shall be officially and judicially noticed.

All documents, other than those required by law to be made under seal, made by, and all decisions of the Council shall be signified under the hand of the Chairman or any member of the Council authorized to act in that behalf or by the Secretary.

Subject to this Schedule, the Council may regulate its own proceedings.

9.

10.

11.

12.(1)

(a)

(b)

(2)

13.

331

L.R.O. 1998

SECOND SCHEDULE

(Section 22)

Sustainable Fisheries Management and Development Act, 2025 (Act 2025- )

Fisheries Sector Census

Seafood Harvesting Sector Annual Census

1. General Information

Individual/company name:

Seafood harvesting methods:

Wild capture fi sh targets:

Aquaculture fi sh targets:

Mariculture fi sh targets:

Harvesting seasons:

332

L.R.O. 1998 Second Schedule - (Cont'd)

Seafood Processing Sector Annual Census

2. General Information

Individual/Company name:

Name of site/facility/unit:

Site/facility/unit address:

Name of company contact person:

Name of site contact person:

Email address:

Phone number:

NB: If your company operates multiple fi sh processing sites, please complete a survey sheet for fi lm site and include the address for each site.

Processing Activity

3. With regards to wild-capture fi sheries, aquaculture fi sheries or mariculture fi sheries, which of the following activities are you or your company involved in? (tick all that apply)

processing trading/wholesaling retailing exporting

4. If you included processing, approximately what portion of the annual turnover this year will be from fi sh processing (as opposed to trading/wholesaling, retailing, exporting, etc.)?

333

L.R.O. 1998 Second Schedule - (Cont'd)

5. Details on type of fi sh processed

334

L.R.O. 1998 Second Schedule - (Cont'd)

Primary

Secondary

cutting

Primary (shellfi sh-specifi c)

6. Which types of processing are undertaken on your site? (tick all that apply)

fi lleting

chilling

heading/gutting

picking

trimming

shucking

peeling

washing

freezing

canning

vacuum/controlled packaging

smoking

breading

battering

making ready meals/cooking

brining

deboning

marinating

Sources and Supply

7. Approximately what portion of your total raw materials (in terms of value) and what portion of your product sales (in terms of value), are from/to Barbados and the and the rest of the world, respectively:

Source of raw materials and sales of your products:

Raw Materials Source (%)

Product Sales (%)

Geographic Region

Local

Regional

International

335

L.R.O. 1998

8. Does your processing business use fi shing vessels owned by you or the processing business?

If yes, how many vessels are owned by you?

If you included importing or exporting, which countries are you currently importing from or exporting to?

Current Workforce Composition

9. How many workers (including administrative and support staff ) are employed at your site (if managing a site)?

Second Schedule - (Cont'd)

Yes

No

Male

Female

Other

Permanent (part-time)

SeasonalPermanent (full-time)

336

L.R.O. 1998 Second Schedule - (Concl'd)

Seasonal Workforce (if applicable)

10. During which months do you employ seasonal workers and for what duration?

Duration of Work weeks

weeks

weeks

weeks

weeks

weeks

weeks

weeks

weeks

weeks

weeks

weeks

Month

January February

March

April

May

June

July

August

September

October

November

December

337

L.R.O. 1998

THIRD SCHEDULE

(Section 102(5))

Sustainable Fisheries Management and Development Act, 2025 (Act 2025- )

Oath

I, , being Master or in command of the

or vessel called the , Offi cial No. owned by

of do swear/affi rm that the

said fi shing vessel has been, as I verily believe, registered according to the law of Barbados by the

name of , and that a Permanent/Provisional Certifi cate of

Registry bearing No. was issued for such vessel pursuant to the laws of

Barbados at on , which

Certifi cate has been lost/destroyed; and that the same, if found, and within my power, will be

delivered up to the Principal Registrar of International Sea-going Fishing Vessels.

(insert the name of the person swearing) (insert type of vessel)

(insert the name of the vessel) (insert No.)

(insert the name of the owner) (insert domicile of the owner)

(insert the name of the vessel)

(insert No. of lost Certifi cate)

(insert place of issuance of lost Certifi cate) (insert date of issuance of lost Certifi cate)

338

L.R.O. 1998

FOURTH SCHEDULE

(Section 328(1)(b))

Sustainable Fisheries Management and Development Act, 2025 (Act 2025- )

PART 1

Information to be included in a Transshipment Declaration Unique Identifi er

Element

1. Vessel name:

2. Flag State:

3. Vessel type (ISSCFV):

4. IMO number, required if eligible:

5. External ID, if available:

6. Registration ID, if diff erent to above:

7. International Radio Call Sign, if available:

8. MMSI number, if available:

Receiving VesselDonor Vessel

339

L.R.O. 1998 Fourth Schedule - (Cont'd)

Element

9. Vessel owner/company information:

Name:

Address:

Phone number:

Email:

10. Vessel contact information:

Name of master:

Nationality:

Phone number:

Email:

11. Transshipment authorization identifi er, if any:

12. Transshipment authorization issued by:

13. Transshipment authorization period of validity:

14. Time and date of the transshipment:

Start date (day/month/year):

End date (day/month/year):

Receiving VesselDonor Vessel

340

L.R.O. 1998 Fourth Schedule - (Cont'd)

Element

15. Transshipment location:

Name of Port:

Position at sea (latitude, longitude):

16. VMS tracking:

17. Quantities on board prior to transshipment:

Catch area(s):

RFMO/Arrangement(s)/geographical location:

FAO Statistical area:

Species (FAO/ASFIS codes):

Product form (preservation and presentation type):

Estimated Quantity (weight):

18. Transshipped fi sh:

Catch area(s):

RFMO/Arrangement(s)/geographical location:

FAO Statistical area:

Species (FAO/ASFIS codes):

Product form (preservation and presentation type):

Estimated Quantity (weight):

Receiving VesselDonor Vessel

341

L.R.O. 1998 Fourth Schedule - (Cont'd)

Note: International codes as per PSMA Annex D, (d), as applicable. *Rules should be established by relevant authorities and RFMO/As to ensure consistency in how weight is reported by both donor and receiving vessels.

Element

19. Fish remaining on board after transshipment:

Catch area(s):

RFMO/Arrangement(s)/geographical location:

FAO Statistical area:

Species (FAO/ASFIS codes):

Product form (preservation and presentation type):

Estimated Quantity (weight):

20. Observer's name and signature on board, if present:

21. Signature:

Master's signature:

Master's stamp and Juli name:

Receiving VesselDonor Vessel

342

L.R.O. 1998

(Section 328(1)(b))

Sustainable Fisheries Management and Development Act, 2025 (Act 2025- )

PART 2

Information to be included in a Landing Declaration Unique Identifi er

1. Vessel Name:

2. Flag State:

3. Vessel Type (ISSCFV):

4. IMO number, required if eligible:

5. External ID, if available:

6. Registration ID, if diff erent to above:

7. International Radio Call Sign, if available:

8. VMS Tracking:

9. MMSI number, if available:

Fourth Schedule - (Cont'd)

343

L.R.O. 1998 Fourth Schedule - (Cont'd)

Element

10. Vessel Contact Information:

Master's or vessel's representative:

Phone number:

Email:

11. Vessel master name and nationality:

12. Vessel owner/company information:

Name:

Address:

Phone number:

Email:

13. Port State:

14. Port of Landing:

15. Date and Time of Landing:

16. Landed Fish:

Catch area(s):

Species (FAO/ASFIS Codes):

Product form (presentation and preservation type):

Quantity (weight):

344

L.R.O. 1998 Fourth Schedule - (Concl'd)

Note: International codes as per PSMA Annex D, (d), as applicable. *Rules should be established by relevant authorities and RFMO/As to ensure consistency in how weight is reported by both donor and receiving vessels.

Element

Next destination, if applicable/available:

Next mode of transport and transport ID, if applicable/available:

17. Fish retained on board (not landed):

Catch area(s):

Species (FAO/ASFIS Codes):

Product form (presentation and preservation type):

Quantity (weight):

18. Competent port authority:

19. Date of inspection, if any:

20. Signature:

345

Read three times and passed the House of Assembly this day of , 2025.

Speaker

Read three times and passed the Senate this day of , 2025.

President

346