Fishery Protection

18        Minister may declare fish sanctuary

(1) The Minister may, from time to time, by order declare any area specified in such order to be a fish sanctuary.

(2) Any person who fishes or attempts to fish in any area declared by the Minister to be a fish sanctuary shall be guilty of an offence and liable, on summary conviction before a Resident Magistrate, to a fine not exceeding five hundred dollars and, in default of payment thereof, to imprisonment for a term not exceeding six months.

19        Minister may declare close season

(1) The Minister may, from time to time, by order declare any period to be a close season for any species of fish specified in such order.

(2) Any person who, during any close season for any species of fish, takes any fish of such species or in any way injures or disturbs such fish, shall be guilty of an offence and liable, on summary conviction thereof before a Resident Magistrate, to a fine not exceeding five hundred dollars and, in default of payment thereof, to imprisonment for a term not exceeding six months.

(3) Subsection (2) shall not apply to a person who takes a fish of such species accidentally and returns it to the water with the least possible delay.

20        Fishery Inspector may enter boats, examine licences, etc

(1) Any Fishery Inspector, for the enforcement of the provisions of this Act, may at all times‑

(a)        enter any boat engaged in fishing in contravention of the provisions of this Act, or which he reasonably suspects to be so engaged and, for that purpose, may require that the boat be placed in such position as he may direct;

(b)        require the person in charge of such fishing boat to produce the licence for such boat;

(c)        require the person in charge of such fishing boat to give any explanation concerning such boat and any person on board such boat;

(d)        require any person on board such fishing boat to produce his identification card or his licence to fish;

(e)        examine all fishing nets, lines and other fishing equipment being used on or in connection with such boat;

(f)        do all such other acts as he is authorized or required to do by this Act and by any regulations under this Act.

(2) Any person who‑

(a)        refuses, neglects or fails to comply with any direction given to him by any Fishery Inspector; or

(b)        refuses or fails to produce any licence which he is required by any Fishery Inspector to produce; or

(c)        refuses, without reasonable cause, to give any explanation which he is required by any Fishery Inspector to give; or

(d)        assaults or obstructs any Fishery Inspector acting in the execution of his duty; or

(e)        refuses or fails to produce his identification card when required by any Fishery Inspector to produce it,

shall be guilty of an offence and liable, on summary conviction thereof before a Resident Magistrate, to a fine not exceeding five hundred dollars and, in default of payment, to imprisonment for a term not exceeding twelve months, or to both such fine and imprisonment:

Provided that a person shall not be convicted of an offence under paragraph (b) if, within five days after the production of the licence was required, the holder of the licence produces the licence at such place as may be specified by the Fishery Inspector at the time its production was required.

21        Fishery Inspector may seize equipment being used illegally

Any Fishery Inspector may, with or without warrant, seize any boat, net, gear, tackle or other fishing equipment that is being used by any person who is found committing an offence against this Act or any regulations under this Act.

22        Penalty for removing fish‑pot etc, of another

(1) Any person who unlawfully removes, takes away, or has in his possession any boat, fish‑pot, net, gear or other fishing equipment belonging to some other person, or destroys, damages, displaces or alters the position of such boat, fish‑pot, net, gear, or other fishing equipment or of any buoy, float or other mark connected thereto shall be guilty of an offence and liable on summary conviction thereof before a Resident Magistrate to a fine not exceeding one thousand dollars and, in default of payment thereof, to imprisonment for a term not exceeding twelve months.

(2) In relation to a person who is a citizen of Jamaica, the territorial extent of the offence created by subsection (1) is not limited to Jamaica and the territorial waters of Jamaica but applies as well to the waters beyond the outer limits of such territorial waters.

(3) For the purposes of the Larceny Act any fish in a fish‑pot shall be deemed to be in the private property of the owner of the pot.

23        Penalty for landing and sale of illegally caught fish

Any person who knowingly lands, sells, buys or has in his possession any fish taken, killed or injured in contravention of the provisions of this Act or of any regulations under this Act shall be guilty of an offence and liable, on summary conviction before a Resident Magistrate, to a fine not exceeding one thousand dollars and, in default of payment thereof, to imprisonment for a term not exceeding twelve months.

23A     Licences in respect of fishing in the exclusive economic zone

Any licence granted under section 5 or 11 in relation to the exclusive economic zone shall be subject to the provisions of the Exclusive Economic Zone Act or any order made under section 11 of that Act.

33/1991 S. 22.