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MoBay Moon

Marine Park Regulations

The Natural Resources Conservation Authority Act - Marine Park Regulations

NRCA-Act_03

The Marine Park Regulations are designed to protect Jamaica's Marine Parks from various forms of pollution and environmental degradation. This act specifies all categories of regulation and lays out penalties for offenses. The Marine Park Regulations can be downloaded here, while the entire NRCA Act can be found here.  A summary of the Regulations follows.

 

 

  • MINING

Mining operations are prohibited within the boundaries of the Marine Park. Any person found guilty of breaking this regulation can be fined up to $10,000.00 or can be imprisoned for as much as two years.

  • DESTRUCTION OF MARINE LIFE

A person shall not damage or move, "any sand, gravel or minerals, corals, sea fans, shells, shellfish, starfish, or other marine invertebrates, seaweeds, grasses, or any soil, rock artifacts, stones or other materials."

In addition, it is illegal to damage or move any formation that grows on the sea floor. Persons should not attach rope or wire to any formation within the Marine Park.

If you know that corals, minerals or sand were illegally removed from the Marine Park, and you use or sell this product, you are also guilty of an offence. The maximum penalty for this offence is either a fine of $20,000.00, or a prison term of two years.

  • DREDGING

The written permission of the Natural Resource Conservation Authority is needed before any dredging, excavating or filling operations can take place. Similarly, no building or other structure can be erected within the boundaries of the Marine Park without the same written permission from the Authority.
If you carry out these activities without this written permission, you may incur a maximum fine of $20,000.00, or you may be imprisoned for up to two years.

  • POLLUTION

It is illegal to discharge or deposit within the Marine Park, "any refuse, oily liquids or wastes, acids or other deleterious chemicals or any toxic or polluting substance of any kind injurious to plant or animal life."
Any person found guilty of polluting the Marine Park may be fined up to $20,000.00 or imprisoned for up to two years.

  • FISHING

A person shall not fish in a marine park without the written permission of the park manager. The Authority may declare in writing that an area of water in a marine park is an area in which fishing is allowed subject to certain conditions.
The Authority may declare certain areas of water closed to all forms of fishing, even to those who have the written permission of the Park Manager. Anyone caught fishing in this area, with or without written permission, may be fined up to $5,000.00 and may be imprisoned for as long as two years.
It will also be illegal for fishermen to use any poisonous substance, electrical charges or any other similar device for the catching or killing of fish. The fines for this contravention can reach as high as $10,000.00, while imprisonment can be for as much as two years.

  • LITTER

It will be illegal to, "deposit or leave any litter, bottle, broken glass, china, pottery, plastic article, rubbish, refuse or other waste material," within the boundaries of the Marine Park.
The same regulation applies to the depositing or leaving of offensive substances, offal, dead animals or dung within the Marine Park. It is also illegal to break items of glass, china, pottery or plastic within the Marine Park.
A person who commits an offence under this regulation can be fined up to $5,000.00, or sentenced to 12 months in jail.

  • DAMAGING MARKERS

It is illegal for a person to, "wilfully mark, deface or injure in any way ... any mooring, buoy, marine park sign, notice or placard ... post or other boundary marker in any marine park."
In addition to damaging property of the Montego Bay Marine Park, it is also illegal to remove these same items.
A person who commits an offence against this regulation, "is liable on summary conviction before a Resident Magistrate to a fine not exceeding $5,000.00 or to imprisonment with or without hard labour for a term not exceeding two years."

  • RESEARCH

The Natural Resources Conservation Authority may grant a permit for the carrying out of research or the collection of natural objects or specimens of marine life. This kind of research can only be done for educational, scientific or industrial purposes.
An application shall be done in writing, and shall be transmitted through the Manager of the Montego Bay Marine Park.
The written request shall contain information about the type of research and the natural objects or specimens in the application.
The application shall also go into detail about the methods to be employed in carrying out the research and in collecting objects and specimens. It is also important to include the estimated cost of the research in the written request.
When the Authority refuses to grant a permit under this regulation, it is responsible for informing the applicant of the reasons for the refusal. The applicant has the right to appeal.
Anybody who, "carries out any form of research or collects any objects or specimens in the marine park without a permit issued under this regulation," will be breaking the law. The penalty for this offence is a fine not exceeding $10,000.00 or a prison term with or without hard labour for no more than two years.

  • ADVERTISING SIGNS

It is illegal to, "erect, display or cause to be displayed in a marine park any sign, slogan or marker containing any advertising or other kind of message," without the permission of the Natural Resources Conservation Authority.
If this regulation is broken, the penalty is a fine of $5,000.00 or imprisonment for a term not exceeding 12 months.

  • EXPLOSIVES AND DANGEROUS WEAPONS

According to the rules and regulations, it is against the law to, "discharge or have in (your) possession in a marine park any air rifle or other firearm, spring gun, sling, bang sticks, spear guns, harpoons, or any other weapon which is potentially harmful to fish or wild life or to the reef structure and dangerous to human safety.:
It is also illegal to have in one's possession any explosives in a marine park. The penalty for this offence is a fine of $10,000.00 or a prison term not exceeding 12 months.

  • SPEAR FISHING

As of March 31, 1993, the Montego Bay Marine Park declared it illegal to spear-fish within the boundaries of the park.

  • DISORDERLY BEHAVIOUR

"A person shall not behave disorderly, offensive or indecent in manner."
It is also illegal for a person to use any offensive or indecent language or create any disturbance in the Montego Bay Marine Park.
It is an offence against the rules and regulations of the Marine Park to, "obstruct, disturb, interrupt or annoy any other person engaged in the proper use of the marine park." The regulations also prohibit behaving in a manner likely to create a disturbance.
It is against the law to deface, paint, write, cut names or letters, or otherwise make marks or put up bills on trees, rocks, gates, fences, buildings, signs or other property in the Marine Park.
Any person who breaks this regulation may be fined as much as $5,000.00, or put in prison, with or without hard labour, for as long as 12 months.

  • REFUSING TO OBEY ORDERS

It is an offence for anybody to refuse, neglect or fail to comply with any direction given by a Ranger of the Montego Bay Marine Park. It is similarly illegal for a person to assault, resist or obstruct an authorized officer in the execution of his duty.
Anybody who, "refuses or fails to produce any licence or permit that he is required to produce by an authorized officer," is committing an offence against the regulations of the Marine Park.
A person may not refuse to leave the Marine Park when ordered to do so by a ranger, and similarly may not remove, alter or interfere with any article seized under the regulations of the Marine Park, without the authority of an authorized officer.
It is also an offence to impersonate a Ranger of the Marine Park.
Anybody who commits an offence against this regulation can be fined up to $5,000.00 or imprisoned for up to 12 months.