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Report to the Government of Belize on the Revision of the Fisheries Legislation

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Report to the Government of Belize on the Revision of the Fisheries Legislation This report was prepared during the course of the project identified on the title page. The conclusions and recommendations given in the report are those considered appropriate at the time of its preparation. They may be modified in the light of further knowledge gained at subsequent stages of the project. The designations employed and the presentation of the material in this document do not imply the expression of any opinion whatsoever on the part of the United Nations or the Food and Agriculture Organization of the United Nations concerning the legal or constitutional status of any country, territory or sea area, or concerning the delimitation of frontiers. TABLE OF CONTENTS I. INTRODUCTION 1 II. BACKGROUND 2 General information . • . • . 2 The dispute with Guatemala and maritime areas limits 2 The fisheries sector . 3 The fisheries administration . 6 Marine reserves . 7 Coastal Zone Management . 8 Aquaculture . 9 Mangroves . • . 10 III. LEGISLATION 12 Basic legislation 12 Constitution . 12 The Maritime Areas Act, 1992 13 Fisheries legislation . 15 Other relevant legislation 18 Registration of vessels . 18 National Lands . 18 Environment . 18 Wildlife . 19 Protected areas . 19 Forests, plants 20 Investment incentives . 21 Export . 21 Cooperative Societies . 21 International agreements 22 IV. DISCUSSION 23 The fisheries legislation . 23 Summary of recommendations . 27 APPENDIX 1 - PROPOSED FISHERIES ACT . 28 NOTES TO THE PROPOSED FISHERIES ACT . 50 APPENDIX 2 - PROPOSED FISHERIES REGULATIONS . 55 NOTES TO THE PROPOSED FISHERIES REGULATIONS . 96 TABLE OF CONTENTS I. INTRODUCTION .. 1 II. BACKGROUND 2 General information . 2 The dispute with Guatemala and maritime areas limits 2 The fisheries sector . 3 The fisheries administration 6 Marine reserves . 7 Coastal Zone Management . 8 Aquaculture . 9 Mangroves 10 III. LEGISLATION 12 Basic legislation 0 O'. 12 Constitution .... 12 The Maritime Areas Act, 1992 13 Fisheries legislation . 15 Other relevant legislation 18 Registration of vessels . 18 National Lands 18 Environment . 18 Wildlife . 19 Protected areas 19 Forests, plants . 20 Investment incentives 21 Export . 21 Cooperative Societies . •. 21 International agreements 22 IV. DISCUSSION 23 The fisheries legislation . 23 Summary of recommendations 27 APPENDIX 1 - PROPOSED FISHERIES ACT 28 NOTES TO THE PROPOSED FISHERIES ACT . 50 APPENDIX 2 - PROPOSED FISHERIES REGULATIONS . 55 NOTES TO THE PROPOSED FISHERIES REGULATIONS . 96 I. INTRODUCTION In 1988, an FAO mission funded by the Technical Cooperation Programme (TCP/BZE/6754) visited Belize twice to advise the Fisheries Department on the development of deep sea fisheries policies and regulations. The report published under that project includes general information on the country and the fisheries industry, identifies areas for potential developments and obstacles, finally suggests a number of actions which should be taken and for which technical assistance may be required for the benefit of the sector. Following that mission, the Government of Belize requested further assistance to FAO to revise its fisheries legislation and to strengthen monitoring, control and surveillance (MCS), particularly by providing training to those involved in the enforcement of the law. This assistance was provided under the Technical Cooperation Programme (TCP/BZE/2251 (T}). In July and November 1992 missions were undertaken by Maria Teresa Cirelli and Nicholas Schowengerdt, FAO consultants respectively responsible for the legislative revision and the MCS aspects. A third mission was carried out in March 1993 by the legal consultant. Following a first review of the existing legislation it was agreed that a complete revision of the Fisheries Act and Fisheries Regulation would be appropriate. The present report summarizes the findings of the legal consultant and includes the proposed new Fisheries Act and regulations. FAO is grateful to Mr. Vincent Gillett, Fisheries Administrator, and Mr. George Myvett and their colleagues in the Fisheries Department; to Mr. Gian Gandhi, Solicitor General, and Ms. Madri Ramdass in the Attorney General's Ministry, and to the many other Belizean officials and private persons who so kindly assisted the missions. - 2 - II. BACKGROUND General information Belize has a population of 184,000 (1990), with a steady growth which has been of 2.7-2.8 per cent per year since 1980. The country's 22,963 square kilometres are sparsely inhabited. About one fourth of the population is concentrated in the capital, Belize city (present capital is Belmopan). Of the rural population, approximately 40 per cent live in large villages in the North, which is predominantly flat, while much of the South and the Centre of the country, where hills rise to approximately 800 m, are virtually uninhabited. Belize has a 200 kilometre long barrier reef, second in length only to that of Australia, running parallel to the coast. The continental shelf extends to the reef and beyond to the three atolls of Lighthouse, Glover's and Turneffe Islands. Scattered along the reef are hundreds of small islands (cayes). Some of these are submerged part of the time and can support only mangrove swamps, some are bare coral outcroppings, and some are sandy islands with palms and jungle shrubbery. Historically based on the extraction of forest products, the economy is now predominantly oriented towards agriculture and tour ism. Al though the sugar industry, which had been the dominant commercial activity, fell into decline in the 1980s, exports of citrus concentrate and bananas experienced a boom since 1987, with some recovery in sugar. In 1989, the origin of gross domestic product was 19.7 per cent from agriculture, (including fisheries and forestry), and 22 per cent from trade and tourism. Approximately 2.5 per cent is the value of the fisheries' sector as opposed to other sectors of the economy. The dispute with Guatemala and maritime areas limits Belize (formerly known as British Honduras until 1973) became independent from the UK on 21 September 1981, despite the Anglo-Guatemalan dispute over the territory of Belize. The UK still maintains its forces in Belize, initially at the request of the Government and of the United Nations, to guarantee its territorial integrity. Prior to 1988, none of the efforts to resolve the dispute, including some United Nations General Assembly resolutions in favour of Belize's independence, had borne significant fruit. A Joint Commission of Belizean and Guatemalan officials began negotiations in 1988 for the settlement of the dispute. Following various meetings, it was only after the establishment of a new Government in Guatemala led by President J. Serrano Elias in January 1991 that the process was activated in Guatemala to allow for the recognition of Belize. In August 1991, the Guatemalan Government declared that it recognizes the right of the Belizean people to self­ determination, announcing that it will continue negotiations leading to a definitive settlement of the territorial dispute. The countries have agreed that a definitive agreement, when reached, will be submitted to a referendum in both countries. In - 3 - November 1992, Guatemala 1 s Constitutional Court ruled in favour of the recognition of Belize as an independent state within its present boundaries, and the decision was subsequently upheld by Congress. The dispute explains Belize's particularly cautious attitude in extending its jurisdiction over maritime areas. Until very recently, pursuant to the Territorial Waters Jurisdiction Act, 1878 (UK), Belize only claimed a three mile territorial sea. With the Maritime Areas Act, 1992, Belize has extended its territorial sea to twelve miles, but has maintained a three mile territorial sea along the part of its coastline neighbouring Guatemala. The three-mile limit is in fact within the equidistance line between the Belizean and Guatemalan coastlines in that area. An exclusive economic zone of up to two hundred miles has also been declared. Although the Act is already in force, little has been done towards its implementation in practice, at least with regard to fisheries. For example, officers responsible for the enforcement of fisheries legislation have not in any way been instructed to extend their area of action accordingly. This seems to be due to the fact that, while the relations with neighbouring countries were considered mature for Belize to extend its area of jurisdiction by law, a number of issues remain to be resolved in international and domestic policy in this regard. The Act has not had any impact on local fishing, nor is it likely to have any in the near future, given the traditional nature of Belizean fisheries, where fishermen concentrate on capture of lobster and conch within the barrier reef and are not likely at present to venture into deep sea fishing on a large scale. The fisheries sector Capture fishing in Belize is mainly carried out in the relatively shallow inshore waters within the barrier reef, or around the atolls. Local fishermen have traditionally concentrated on few valuable species, namely lobster and conch. Shrimp is also exploited inshore by foreign vessels in joint venture with local fishery cooperatives. Fin-fish species found in inshore Belize waters are mainly grouper and snapper. The extent of offshore pelagic resources is mostly unknown. Aquaculture, particularly shrimp aquaculture is also an important part of the fisheries s~ctor. Although lobster catches amount to approximately 45 per cent of total tonnage, export earnings derived
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