General

24        Duties of owners of carrier vessels

(1) The owner of every carrier vessel shall

(a)        keep a register (which shall be available for inspection by the proper authorities at all reasonable times) of all fishermen employed by him or operating from such vessel or otherwise associated with such owner in a fishing expedition in circumstances which indicate that the owner is primarily responsible for their welfare during such expedition;

(b)        make arrangements for supplying such fishermen with adequate food and drinking water when such fishermen are engaged in deep‑sea fishing or fishing from any cay;

(c)        make arrangements for the rescue in cases of bad weather or emergency of such fishermen engaged in deep‑sea fishing or fishing from any cay;

(d)        make such arrangements as may be prescribed for the payment of any fine or penalty incurred by such fishermen or fishing boat by reason of fishing without the proper permit or licence in waters with foreign jurisdiction;

(e)        keep a register of all fishermen transported by him.

(2) Any person who contravenes or fails to comply with the provisions of this section shall be guilty of an offence and liable on summary conviction before a Resident Magistrate‑

(a)        in the case of an offence under paragraph (a) or paragraph (e) of subsection (1), to a fine not exceeding one hundred dollars and, in default of payment thereof, to imprisonment for a term not exceeding three months;

(b)        in the case of an offence under paragraph (b)of subsection (1), to a fine not exceeding five hundred dollars and, in default of payment thereof, a term of imprisonment not exceeding six months;

(c)        in the case of an offence under paragraph (c) of subsection (1), to a fine not exceeding five thousand dollars and, in default of payment thereof, a term of imprisonment not exceeding twelve months; and

(d)        in the case of an offence under paragraph (d) of subsection (1), to a fine not exceeding five thousand dollars and, in default of payment thereof, a term of imprisonment not exceeding twelve months.

(3) In this section "carrier vessel" means a vessel which is used

(a)        to transport fishermen to any cay for such fishermen to engage in fishing from that cay;

(b)        to transport fishermen and their boats to deep‑sea fishing areas and to serve as a base for such fishermen to engage in deep‑sea fishing;

(c)        to transport food, water, fuel and materials for the construction and repair of fish‑pots and other fishing equipment for fishermen engaged in deep‑sea fishing or fishing from a cay;

(d)        to transport any fish caught by such fishermen to shore; or

(e)        to transport such fishermen and their equipment back to shore, whether or not such fishermen are‑

(i)         employed by the owner of the carrier vessel; or

(ii)        otherwise associated with the owner of such vessel in any fishing expedition; or

(iii)       independent fishermen transported on such vessel.

25        Regulations

The Minister may from time to time make regulations generally for giving effect to the purposes and provisions of this Act and in particular (but without prejudice to the generality of the foregoing) may make regulations‑

(a)        prescribing the manner of application for any licence or certificate of registration to be issued under this Act;

(b)        prescribing the form of any licence or certificate of registration to be issued under this Act;

(c)        prescribing the form of and the particulars to be shown on identification cards to be issued under this Act;

(d)        prescribing the particulars to be stated in any register to be kept under this Act;

(e)        making provision in respect of the inspection from time to time of boats used in fishing;

(f)        prescribing or prohibiting the use of various types of fishing equipment;

(g)        prescribing or prohibiting methods of fishing within certain areas or at certain periods;

(h)        making provision in respect of the marketing or disposal of fish;

(i)         making provision in respect of the management and control of fishing beaches;

(j)         making provision in respect of the keeping of statistics in connection with the fishing industry;

(k)        prescribing measures for conservation of fish,

(l)         prescribing measures for the safety and welfare of fishermen and men otherwise engaged in the fishing industry;

(m)       prescribing fees to be paid in connection with the issue of any certificate of registration or licence to be issued under this Act;

(n)        prescribing the particulars to be marked on fishing boats and other fishing equipment;

(o)        prescribing anything required or permitted by this Act to be prescribed.

26        Power to amend Schedule

The Minister may from time to time by order amend the Schedule.

27        Forfeiture of things seized

Any boat, net, fishing equipment, implements or appliances used in the commission of any offence against this Act in respect of which there is a conviction may, in the discretion of the Court, be forfeited to the Crown.

28        Resident Magistrate may deal with extra‑territorial offences

Notwithstanding any provision to the contrary in any other enactment, proceedings against any person for an offence under this Act may be commenced before a Resident Magistrate having jurisdiction in the parish where that person is for the time being, and, for all incidental and consequential purposes, the offence shall be deemed to have been committed within the boundaries of that parish.

29        General Penalty

Any person who commits an offence against this Act for which no other penalty is provided shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding one hundred dollars and, in default of payment thereof, to imprisonment for a term not exceeding three months.

SCHEDULE

Specified methods of fishing

(Sections 3, 5 and 7)

Fishing by means of‑

(a)        traps or pots,

(b)        nets;

(c)        spear guns;

(d)        lines from a boat.