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Fisheries Regulations 2010

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Fisheries Regulations 2010 Q UO N T FA R U T A F E BERMUDA FISHERIES REGULATIONS 2010 BR 55 / 2010 TABLE OF CONTENTS 1 Citation 2 Interpretation 3 Issue of licences by the Director and Chairperson 4 Application for fishing vessel licence 5 Issue of fishing vessel licence 6 Fixed fishing gear 6A Fish pots 7 Register of licensed fishing vessels 8 Identification marks 9 Transfer of interest 10 Production of fishing vessel licence 11 Catch and effort returns 12 Register of fishermen 13 Designation as full-time fisherman 14 Use of fishing nets 15 General restrictions on taking fish 16 General restrictions on taking lobster 17 General restrictions on landing fish 18 Sale of fish taken from the EEZ 19 Sale of imported fish 20 Protected fish 21 Closed season for spiny lobsters 22 Spearfishing 23 Grant of licence to use fishing lines rigged with more than 5 hooks 24 Duty to return fish which may not be taken 25 Using fixed fishing gear 26 Use of explosives, poison, dredge or trawl 1 FISHERIES REGULATIONS 2010 27 Prohibition against introducing live or unfrozen and uncooked fish into waters of Bermuda 28 Interfering with fishing gear without consent of owner 29 Punishment of offenders and forfeiture; suspension or revocation of licence 30 Appeals to Minister 31 Inspection and enforcement 32 Revocation SCHEDULE The Minister responsible for the environment, in exercise of the powers conferred by section 13 of the Fisheries Act 1972, makes the following Regulations: [Amended by 2016 : 21 s. 2 effective 1 April 2016] Citation 1 These Regulations may be cited as the Fisheries Regulations 2010. Interpretation 2 (1) In these Regulations, unless the context otherwise requires— “Act” means the Fisheries Act 1972; “Bermudian status” shall have the meaning ascribed to it under section 4 of the Bermuda Immigration and Protection Act 1956; “Chairperson” means the Chairperson of the Council; “Council” means the Commercial Fisheries Council established under section 3A of the Act; “Department” means the Department of Environment and Natural Resources; “Director” means the Director of the Department of Environment and Natural Resources; “finfish” means any vertebrate fish with fins of the groups Osteichthyes and Chondrichthyes; “fisherman” means any person who engages in fishing for reward or who disposes of his catch for financial gain, and includes the operator and crew of a charter fishing vessel but does not include a person engaged in fishing from a foreign fishing vessel; “fishing net” has the meaning assigned to that expression in paragraph (2); “fishing vessel licence” means a licence to use a fishing vessel issued under regulation 5; “fish pot” includes every kind of trap for taking or holding fish; 2 FISHERIES REGULATIONS 2010 “fixed fishing gear” means any fish pot, trap, weir, snare, fixed line or other type of stationary gear that is used for taking fish; “fixed line” means any anchored or weighted line rigged with a hook or hooks capable of taking fish independently of a person or fishing vessel; “foreign” in relation to a fishing vessel has the meaning assigned to it by section 7(3) of the Act; “full-time fisherman” means a person designated as such by the Chairperson under regulation 13; “holding” in relation to live fish, means storing or retaining; “lobster” means any crustacea of the family Palinuridae, including spiny, guinea chick or star lobster, or of the family Scyllaridae, including locust or sand lobster; “owner” in relation to a fishing vessel includes a part owner and any person who has possession of a fishing vessel by virtue of a hire purchase agreement or a demise charter party; “permanent resident” shall have the meaning ascribed to it under section 23 of the Bermuda Immigration and Protection Act 1956; “prescribed” in relation to any fee means prescribed by regulations made under the Government Fees Act 1965 ; “registered fisherman” means a person registered under regulation 12 as a registered fisherman; “sell” includes offer or expose for sale; “shellfish” means crustacea and mollusca; “use” means use for the purpose of taking fish. (2) “Fishing net” means any form of net for taking or holding fish, namely a bait net, gill net, cast net, seine and trawl which, for the purposes of these Regulations, are defined as follows— (a) “bait net” means any surrounding fishing net— (i) the length of which does not exceed 150 feet; and (ii) the depth of which does not exceed 18 feet; and (iii) of which the distance between the knots or intersection of any mesh is not less than one-eighth of an inch nor more than one-half of an inch when measured diagonally at full stretch; (b) “cast net” means any circular fishing net which may be deployed by being thrown from the hands, and of which the distance between the knots or intersections of any mesh is not less than one-eighth of an inch (3.2mm) 3 FISHERIES REGULATIONS 2010 or greater than one-half of an inch (12.7 mm) when measured diagonally at full stretch; (c) “gill net” means any fishing net designed or used for entangling fish, and includes bottom and floating entangling gill nets and all nets constructed of monofilament twine, except a cast net; (d) “seine” means any net, other than a bait net, used for hauling fish by surrounding the fish; (e) “trawl” means any net used for catching fish by dragging with one or more vessels. [Regulation 2 paragraph (1) "fixed fishing gear" amended and "fixed line" inserted by BR 118 / 2013 reg. 2 effective 21 December 2013; "Department" and "Director" deleted and substituted by 2016 : 21 s. 2 effective 1 April 2016; Regulation 2 paragraph (1) "finfish" inserted by BR 16 / 2021 reg. 2 effective 12 February 2021] Issue of licences by the Director and Chairperson 3 (1) The Director and the Chairperson shall be the authorities responsible for the issue of all licences under these Regulations. (2) Where the Chairperson is the authority to issue a licence, he shall do so on the advice of the Director. (3) The Director shall before issuing a licence or before advising the Chairperson under paragraph (2) have regard to— (a) the economic condition and safety of the local fishing industry; (b) the condition of the marine environment of Bermuda, including but not limited to, the condition of the existing fish populations; (c) the number of fishing vessel licences already issued; and (d) the promotion, development, improvement or protection of fisheries and the fishing industry in Bermuda. (4) Nothing in these Regulations shall require the Director to issue any licence or advise the Chairperson to issue any licence if he is of the opinion that the issue of such licence would not be in the interest of the promotion, development, improvement or protection of fisheries and the fishing industry in Bermuda. Application for fishing vessel licence 4 (1) An application for a fishing vessel licence shall be made by the owner of the fishing vessel, to the Chairperson, setting out the name and address of the owner of the vessel and of each fisherman operating from such vessel and shall be in such form as the Director may determine. (2) An application under paragraph (1) shall only be made during such period in any year as may be specified by the Director by notice published in the Gazette. 4 FISHERIES REGULATIONS 2010 Issue of fishing vessel licence 5 (1) Upon receipt of an application for a fishing vessel licence and the prescribed fee, the Chairperson may issue a fishing vessel licence, valid for one year, ending in March, to the owner of the fishing vessel. (2) The Director may impose such conditions as he may think fit, on a licence to be issued by the Chairperson under paragraph (1), for the better regulation of the fishing industry and the safety of fishing vessels. (3) A person shall not be qualified to be issued with a fishing vessel licence under this regulation unless he has Bermudian status, he is a spouse of a person with Bermudian status or he is a permanent resident. (4) When the Chairperson issues a fishing vessel licence under paragraph (1), he shall also issue to the owner, a coloured decal in such form as the Director may determine, indicating that the fishing vessel is licensed for the current year. (5) When the fishing vessel is in use, the owner or the person in charge of the vessel shall exhibit the coloured decal referred to in paragraph (4) on the fishing vessel in respect of which it was issued, in such manner and in such position as the Director may direct, by notice published in the Gazette. (6) An owner or a person in charge of a vessel who fails to comply with paragraph (5) commits an offence. (7) Any person, other than a registered fisherman, who uses or allows a person to use a licensed fishing vessel in the exclusive economic zone, commits an offence. Fixed fishing gear 6 (1) Notwithstanding any provision in these Regulations, it shall be lawful for a person to have in his possession or to use a fixed fishing gear if that person is authorised by a licence issued by the Director or the Chairperson, to have in his possession or to use such gear for any of the following purposes: (a) scientific research, conservation or experiment; (b) exploiting certain marine resources, not including finfish, as specified in the licence; (c) aquaculture. (2) The Director may impose such conditions as he thinks fit on a licence issued under paragraph (1) and the conditions shall be specified in the licence. (2A) Nothing in these Regulations permits the use of any hook with fixed fishing gear except where the licence to use such gear permits the use of one or more hooks in the amount and manner set out in the licence.
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