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 from lobster constituted 64 per cent of the total in 1990 and 70 per cent in 1991, with earnings from the other sectors in 1990 amounting to 17 per cent for conch, 14 per cent for capture shrimp, and 6 per cent for other fish. Total export earnings were US $ 16 million in 1988. - 4 -

A policy of diversification, recommended also in FAO's 1988 report referred to in the introduction, is being pursued by the Government, in order inter alia to expand deep sea fishing, which, however, remains a relatively rare activity.

The processing and marketing of capture fishery products is almost exclusively carried out by fisheries cooperatives (most aquaculture plants have their own processing plant and marketing arrangements). Of the approximately 4,800 fishermen of Belize, some 60 per cent belong to a cooperative. There are four major ones in the country, two of which are based in Belize City. Each cooperative takes care of the processing and marketing of its members' catches, making advance first payments to them and subsequently distributing net returns. It may also provide credit to members. Some of the larger cooperatives have set up a Belize Fisheries Cooperatives' Association to represent them. Cooperatives are also represented in the Fishery Advisory Board.

Although fishing is an important part of the national diet, the fishing industry is mainly export oriented. However, a Government policy requires cooperatives to sell at least 10 per cent of fisheries products on the domestic market. It is thought that approximately 80 per cent of total catches of the most valuable species is exported.

There is general agreement that existing information on fishery resources of Belize is insufficient. The Fisheries Department has endeavoured to improve its data gathering and processing capability in cooperation with the CARICOM Fishery Resource Assessment and Management Programme (CFRAMP) . The Programme, set up on a regional basis, mainly with Canadian funding, is working on the collection of data on catch and effort, and also aims to develop local capabilities for the preparation of management plans for different fisheries.

At present, no routine controls on landings are carried out by the Fisheries Department, since data on catches are obtained from the fisheries cooperatives, where all of the fish to be exported (except for cultured fish) is processed. Since it is thought that approximately 80 per cent of the total catches of lobster and conch are exported, these data are considered to be fairly accurate. They are however likely to be less certain for species which are exported in smaller percentages of their total catch, such as fin-fish in general. A further reason of uncertainty of statistics is illegal export of fish by locals or foreigners, especially in border areas from where it is relatively easy to export unprocessed fish. Moreover, the increase in local consumption of fish which has been parallel to the development of the tourist industry has made the percentage of exported produce decrease. Cooperatives report that an increasing number of fishermen are able to sell fish on the local market, often directly to restaurants and hotels, sometimes in violation of their contractual obligations with the cooperative as to the disposal of fish caught.

Allegations of overfishing and depletion of the resources - 5 -

are frequently made. However, Belizean Fisheries Department data on total exports of fish by species do not show any clear declining (nor increasing) pattern in quantity of lobster and conch exported between 1985 and 1991; a marked decline in 1988 and 1989 in the quantity of lobster and conch was followed by an increase in 1990 and 1991. Cooperatives rather take the view that the decrease in catches alleged by individual fishermen was due to an increase in the number of fishermen. Even if it is so, the situation is likely to soon result in a depletion of the stocks. The increased demand for fish from the local tourist industry can in some cases be an incentive to overfish, or to fish illegally. Under-size or out-of season fish which would not be accepted by the cooperatives can find an easily accessible local market.

Management measures applied thus far have been limited to traditional restrictions on size of fish allowed to be taken, closed seasons of approximately four months a year for lobster, conch, shrimp and some turtles, prohibition to use SCUBA diving equipment to fish etc. The Department is aware of the risks of overfishing and of the necessity of basing fisheries management on a more accurately developed overall strategy.

In this regard, in addition to pursuing the gathering and processing of accurate information on existing resources, the Department of Fisheries has undertaken a review of the fisheries licensing system. At present (except for scientific research licences, export licences and licences to take black coral), licences are required exclusively for commercial fishing, both for fishermen and boats. They are issued without any limit in number, nor on the basis of any qualifying criteria, for a BZ $2 annual fee. The system evidently does not constitute a source of revenue for the Government. Much less does it constitute a means for responsibly managing fisheries. It may only serve as a way to exclude foreign fishermen (who would not be issued licences as a matter of policy) and to maintain a file of the number of fishermen and boats. The Department's objective is presently to provide for a diversification of licences by purpose of fishery (commercial, recreational, sport fishing) and species fished.

The fisheries legislation does not specifically prohibit nor allow foreign fishing. The Government's policy thus far has been simply to allow fishing licences exclusively to citizens and national boats. In practice, before the issue of a fisherman's licence, proof must be given of citizenship, and proof of ownership by a citizen must be given to obtain a fishing boat's licence.

Licences have however been issued to a number of joint ventures, mostly in the shrimp fishery. These are contractual joint ventures in which the vessel is owned by the foreign partner and processing and other shore facilities are owned by the local one, which is always a local fishery cooperative. The cooperative usually takes care of the marketing of the produce. In general, each partner pays its own expenses and receives a proportionate amount of proceeds (approximately 60-70 per cent - 6 - for the vessel owner and 30-40 per cent for the cooperative). Although generally satisfactory, these agreements have not thus far triggered the development of similar undertakings in the shrimp fishery by companies wholly owned by Belizeans. However, they can be useful to demonstrate the potential of fisheries not traditionally exploited by Belizeans.

The level of Government support to the fisheries sector'in Belize is considered to be low: Government budget in favour of the Department represents approximately only 1.5 per cent of the total export earnings from fish products~ The Belize Development Plan for the years 1990-1994 establishes as specific objectives the diversification of fisheries through aquaculture and deep sea fishing, the strengthening of surveillance, the maximisation of value added, and the targeting of new markets. The development of an appropriate legislative framework is stated as part of the necessary strategy. Cooperation with neighbouring countries in fisheries management is considered to be important but has been insufficient thus far. Belize is participating in intergovernmental meetings of the CARICOM countries to develop an agreement on cooperation in the development and management of living resources of the exclusive economic zone, whose draft text has already been developed. However, the Fisheries Department feels that cooperation is equally (or even more) important with neighbouring Central American countries, which generally have a keen interest in access to the Belize fishery zone. The development of a link between CARICOM and Central American countries is in fact an objective of the Belizean Government which goes beyond fisheries purposes. At the llth Summit of Central American Leaders in December 1991, Belize was represented for the first time, and was invited to join the Central American Community and its related organizations.

The fisheries administration

The Fisheries Department of Belize is part of the Ministry of Agriculture and Fisheries. Until 1989, the Ministry comprised also a Forestry Department which is now part of the Ministry of Natural Resources.

The core staff of the Fisheries Department presently consists of 16 employees. Professional and technical staff include the Fisheries Administrator, one Senior Fisheries Officer, a Fisheries Officer responsible for quality control, one Assistant Fisheries Officer responsible for aquaculture and research, two Assistant Fisheries Officers to coordinate the Conservation and Compliance Unit, two Inspectors and two Coxswains, and a Technician.

The core staff is substantially complemented by a number of other employees whose posts have been funded by various sources other than the regular Government budget. Between professionals and others, the Hol Chan Marine Reserve has a staff of five, funded mainly by WWF (World Wide Fund for Nature) and WCI (World - 7 -

Conservation International); the Conch Mariculture Research Project has three, funded from 1985 to 1991 by USAID and subsequently taken up by the Belizean Government; the Coastal Zone Management Project has four, funded by WCI and other international donations.

A "Staff Development Programme" has been prepared and submitted by the Fisheries Department to the Government, illustrating manpower needs and aiming at an increase of the number of employees. The professional profiles which would be necessary are described, and a budget is included. The program rightly emphasizes the need for an increase of manpower.

ln this regard, the need to strengthen fisheries management capabilities of the Department should be emphasized in any programme for future action. This would imply an improved capability of gathering data (both within the Department and through other institutions and research projects), assessing such data, and consequently developing and updating appropriate fisheries management plans. The process should lead to the issue of licences by the Department exclusively in accordance with the established plans, and to the specification of conditions in the licences also in accordance with the plans. The issue of licences, which at present is unlimited and indiscriminate, should become a means of implementing management measures for specific fisheries.

There is no specific legislative basis for the assignment of responsibilities to the Fisheries Department. Its functions as stated in the "Staff Development Programme" are

(a) administration of the fisheries law; (b) basic and industry related research; (c) quality control of marine produce; (d) training of fishermen and operators of fishing processing establishments; (e) protecting the marine environment.

A Fisheries Advisory Board which advises the Department on fisheries policy and is quite active is not referred to in the legislation. The issue of its composition, however, has recently been tackled by the Government, and its newly designated members formally appointed by the Minister. One of the major issues in this regard is the degree to which the various fisheries cooperatives should be represented within the Board, given that some of them are much larger than others and therefore tend to be more influential.

Marine reserves

Pursuant to the Fisheries (Amendment) Act of 1983 (see comments below), the Minister responsible for the implementation of the Fisheries Act is empowered to declare marine reserves in circumstances which require extraordinary conservation measures. The purpose for the declaration of a reserve under the Act was at first the strict preservation of an area. Such an approach, - 8 - however, was subsequently found to be inadequate for areas which did need to be protected, but where some fishing or other activities could be sustainable. The Hol Chan Marine Reserve Regulations, 1988 (see comments below), therefore, include some zoning provisions which allow for a differentiation of regimes.

Hol Chan was the first marine reserve established in Belize, in May 1987. It is a small reserve located along the northern section of the barrier reef, by Ambergris Cay, encompassing an area of approximately five square miles. It comprises a coral reef area, a lagoon area, and a mangrove area, which respectively constitute Zones A, B and c, which are geographically defined and regulated in the relevant regulations. A management plan for the reserve has been prepared under the auspices of various international donors, which also support the present staff of the Reserve (manager, two biologists and two wardens).

At present, the approval is pending of legislation to establish another reserve on Glover's Reef. Coastal Zone Management

The coastal zone of Belize, which can be considered to include at least the coastal plains and the continental shelf including cayes, the barrier reef and the atolls, is extremely rich in biodiversity, but it is also quite fragile. In addition to its ecological value, the zone is of special importance because two of the country's major industries, fisheries and tourism, are dependant on its health. As in other countries, a number of competing uses co-exist in the zone and need to be dealt with comprehensively in order to avoid negative impacts. Major concerns are overfishing, pollution from sewage, silt and fertilizer/ pesticide run off, anchor damage to the reef, and clearance of mangroves.

The Fisheries Department is the leading agency for the implementation of the Coastal Zone Management Project, which aims to coordinate efforts among various interested Ministries. The Project was initiated by, a workshop held in 1989 in which representatives of various Government agencies and user groups had participated, and is largely funded by international donations.

Ministries formally involved, in addition to that of Agriculture and Fisheries, are Tourism and Environment, Natural Resources, and Economic Development. The Technical Committee made up of representatives of these Ministries has received Cabinet approval and advises the National Economic Mobilization Council, which is the body responsible for the implementation of the Government's Development Plans, by issuing recommendations.

The approach taken by the Committee has been to focus its attention on specific parts of the coastal zone. Having recently issued recommendations on mangrove clearance in the Belize city area, the Committee is now concerned with the preparation of a - 9 - policy on tourist development on cayes. Among other objectives is the increase of public awareness on coastal zone issues by the organization of exhibitions and other activities.

Aquaculture

Aquaculture has been carried out generally successfully in Belize in the past few years. A number of factors have contributed to its development. These include a general country situation favourable to foreign investment (due to political stability, stability of the currency exchange rate, availability of labour, economic incentives to investments, high literacy rate, language, proximity of buying markets) and appropriate geographic characteristics (semi-tropical climate and abundance of fresh and marine water) .

Investments in aquaculture have been almost exclusively in shrimp maricul ture. At present, three shrimp farms are operating. One ornamental fish farm has also been operational since 1987. Fisheries Department statistics have been collected since 1987. They show an increasing amount of exported shrimp, from 22,051 lbs. in 1987 to 345,365 lbs. in 1991. Export earnings (including those from ornamental fish) have gone from BZ$ 1, 955, OOO to 11,280,429. It is expected that in 1992 earnings will surpass those from lobster, catches, traditionally the principal fishery commodity earner.

The Fisheries Department has encouraged the development of aquaculture and has been involved in a number of relevant research projects. The "aquaculture inventory" project aims at the identification of national lands suitable for aquaculture developments. The conch mar icul ture research project investigates the technical viability of survival in the wild of conch which has been cultivated up to the juvenile stage. A couple of shrimp mariculture projects under technical cooperation programmes with the relevant authorities in Taiwan and the World Bank aim at assisting small farm operations.

The existing fisheries legislation does not specifically provide for aquaculture. Sec. 13 (1) (i) (ii) of the Fisheries Act gives authority to the Minister generally for the issue of "licences" and conditions of issue of such licences, al though this authority is given "generally for all matters connected with the control and regulation of fishing" (sec. 13 (1) (i)), which does not seem to cover aquaculture. Provisions on licensing in Fisheries Regulations also do not provide specifically for the licensing of aquaculture activities. However, the Fisheries Department has recently undertaken to require and issue licences for aquaculture operations.

Two other Government agencies (the Ministry of Economic Development and the Department of Lands) have been involved in the procedures leading to the approval of aquaculture projects thus far. The Ministry of Economic Development may grant the benefits envisaged under the Fiscal Incentives Act, 1990 (see comments below) to aquaculture projects. The Lands Department is - 10 - given authority under the National Lands Act, No. 6 of 1992 (see comments below) , to grant leases of national lands (which includes the sea floor) on such terms and conditions as it thinks fit (sec. 7). When a request for a lease is with a view to establishing aquaculture projects, the Department consults with the Fisheries Department before granting the lease.

On the whole, even considering the recently introduced requirement for an aquaculture licence by the Fisheries Department, controls and project approval procedures have been kept at a minimum, and have not therefore been felt as exceedingly burdensome by aquaculture developers thus far. However, as the environmental impact of existing plants is likely to become more serious over time and new developments are being proposed, the need for a more stringent regulation of the sector is felt as increasingly necessary.

It would be advisable for example to better assess the suitability of aquaculture sites from both an environmental and a productivity point of view, and to provide for periodic compliance controls with environmental requirements. But if the one hand further requirements must be established, on the other it is important that no unnecessary restrictions are imposed on potential and existing developments. In this regard, a coordination among possibly different authorizations to be obtained by different agencies should be ensured, with a view to avoiding duplication of controls and lengthening of procedures. There is already some cooperation among the Fisheries Department and the Ministry of Economic Development and the Department of Lands. This cooperation should be extended and include other relevant agencies such as the Ministry of the Environment.

Mangroves

A large portion of the Belize coastline, as well as many of the small cayes bordering the coastline and the barrier reef are covered by mangrove swamps. These account for 2,408 sq. kilometres, or 11 per cent of the country's territory.

Various activities such as tourist developments and aquaculture tend to endanger mangrove covered areas, which may for example be logged to reclaim land or suffer from the passage of wastewaters from aquaculture sites.

As for other trees, the responsibility for the management of mangroves lies with the Forestry Department, which is now under the Ministry of Natural Resources. Until 1989, it was part of the Ministry of Agriculture. The Forests (Protection of mangroves) Regulations, 1989 (see comments below), were issued by the Minister of Agriculture and in their preamble do address inter alia the significance of mangroves even from a fisheries perspective, given their importance for example as fish nursery grounds.

Although the Forestry Department is responsible for their management, the importance of mangroves from the fisheries point - 11 ~ of view justifies a consideration of fisheries, as well as of environmental, interests in any decision which affects mangrove areas in a significant way. Cooperation in the management of mangrove areas among relevant Ministries is therefore indispensable and should be encouraged. This does not necessarily need to be done explicitly in legislation in Belize, where the size of Government Departments is fairly small, and there seems to be in general a good cooperative relation among them.

From the practical point of view of the enforcement of mangrove legislation, however, better results would be achieved by designating as enforcement officers, in addition to forestry ones, other officers who are likely to carry out activities in mangrove covered areas, and therefore including fisheries officers. This should be done specifically by legislative or regulatory provisions included in the forestry legislation, and provided that eventual additional powers of officers other than forestry officers are clearly specified and are given to personnel who have received adequate training in the activity they will have to carry out. - 12 -

III. LEGISLATION

Basic legislation

Constitution

The "Constitution for an independent State of Belize", cap. 4, was adopted on 20 September, 1981, and subsequently amended by Acts No. 14 of 1985 and 26 of 1988. The Constitution provides for fundamental rights and freedoms, Belizean citizenship, responsibilities of the Governor-General, the Executive, the Legislature and the Judiciary, and for the Public Service and Finances.

It establishes a bicameral parliamentary system with a Governor-General representing the Queen as a nominal head of state. The leader of the majority party in the House of Representatives is appointed to be the Prime Minister by the Governor-General (sec. 37), and in turn advises the Governor­ General in the appointment of Ministers, who may be chosen from either House (sec. 40 (2)). A 28 member (originally 18) House of Representatives is elected for a maximum period of five years from single member geographical constituencies. The Senate has eight members, who are appointed by the Governor-General, five on the advice of the Prime Minister, two on the advice of the leader of the opposition, and one on the advice of the Belize Advisory Council (sec. 61).

A Belize Advisory council of seven members, whose chairman must be a higher court judge, is appointed by the Governor­ General upon the advice of the Prime Minister (and of the leader of the opposition for two of them) to advise the Governor-General on specified matters (e.g., exercise of the prerogative of mercy, sec. 52, and removal from office of some senior civil servants and judges, sec. 88) (sec. 54).

A number of provisions are relevant to the enforcement of fisheries legislation. A "reasonable suspicion" that a person has committed a crime under a law is required where anyone is to be deprived of his personal liberty (i.e., inter alia, before any arrest can be made) (sec. 5 (1) (e)). An arrested person has specified rights (e.g., to be informed immediately of his rights), and must be brought before a court not later than seventy-two hours of the arrest (sec 5 (3)). A person charged with a criminal offence is presumed innocent unless he is proven or has pleaded guilty (sec. 6 (3) (a)). Trial in absentia is not permitted except where the court orders it because the accused person so conducts himself as to make the continuance of the proceedings in his presence impractical, or in cases specified by law, with due prior notice (sec. 6(3)).

In general, citizenship may be acquired by birth in Belize or from a Belizean parent or by marriage, with some specified exceptions (sees. 23-29). By an addition introduced by Act 14 of - 13 -

1985, it may also be acquired by "any person who makes a substantial contribution to the economy and/or well-being of Belize or who has rendered distinguished service to Belize". Such a provision has been meant to encourage foreign investment in Belize, where in some cases citizenship is granted if a minimum sum is invested.

Sections 105 ss., as amended by Act 26 of 1988 provide for the establishment of a Public Service Commission, which has the power t6 appoint persons to hold or act in offices in the public service and to exercise disciplinary powers, except for specified higher officers who are appointed by the Governor General. A "Code of Conduct" for public officers is included in cap. 4 of the Subsidiary Laws of Belize.

All revenues raised by Belize are paid into a Consolidated Revenue Fund, to which all debt charges for which Belize is liable are charged (sees. 114-120).

The Maritime Areas Act, 1992

The territorial sea is defined in sec. 3 as comprising twelve nautical miles from the baselines as a general rule, and three nautical miles between two specific points (Ranguana Caye and the mouth of the Sarstoon River) in the Southern part of the coastline. The baseline from which the territorial sea is measured is the low water line along the coast or the islands (sec. 4. (1)). Between Ambergris Caye and the Sarstoon River, however, i.e., along most of the coastline, the baselines must be drawn so as to join points situated on the low water line on or adjacent to a specified series of geographical features listed in a Schedule to the Act (sec. 4. {3) (a)). The limitation of the territorial sea to three miles in the Southern part of the coastline is expressly stated (sec. 3. (3) (a)) to have the purpose of providing a framework for further negotiations with the Republic of Guatemala. Failing an agreement, the delimitation of the territorial seas is to be effected in accordance with international law (sec. 3. (3) (c)).

An exclusive economic zone is declared as comprising two hundred nautical miles from the baselines from which the territorial sea is measured (sec. 6.). Pursuant to the subsequent section, however, where the equidistance line between Belize and an adjacent State is less than two hundred miles, the delimitation must be effected on the basis of international law. Pending the delimitation, the equidistance line constitutes the limit (sec. 7).

Part III regulates the rights of Belize in respect of its maritime areas. These are in accordance with international law. Provisions regulating Belize's powers over its exclusive economic zone are of direct relevance to fisheries. Pursuant to sec. 9, these are:

(a) sovereign rights for the purpose of fishing, navigation with - 14 - respect to fishing, the exploration for, and exploitation, conservation and management of resources of the waters superjacent to the seabed and of the seabed and subsoil;

(b) jurisdiction with regard to the establishment and use of artificial islands, installations and structures, maritime scientific research and the protection and preservation of the marine environment;

(c) the right to construct and to authorise and regulate the construction, operation and use of artificial islands, installations and structures for the purposes under (a) or for any other economic purposes, and installations and structures which may interfere with the exercise by Belize of rights in respect of the exclusive economic zone.

Sec. 10 seems to forbid, inter alia, any exploitation of resources within the exclusive economic zone. An express exception for authorised activities is made only with respect to the territorial sea (sec. 10 (1) (b), possibly by mistake.

Innocent passage for foreign vessels in the territorial sea is allowed in accordance with international law. In this regard, fishing is expressly listed as a proscribed activity (sec. 11. (1) (h)), and in exercising the right of innocent passage a vessel must comply inter alia with the fisheries legislation of Belize (sec. 12. (3) (b) (v)).

Sec. 18 regulates enforcement, which is to be carried out by "authorised persons" to be appointed by the Minister by regulation. The requirement of a specific ministerial appointment poses some problems of coordination with existing or future legislation also dealing with powers of officers. In particular, the future fisheries legislation should inevitably be extended to cover the enlarged area of maritime jurisdiction, and should consequently provide the power for the Minister responsible for fisheries to appoint enforcement officers. At the same time, however, the Minister responsible for foreign affairs could appoint officers with presumably the same functions with respect to fisheries.

A broad regulatory power "for carrying out or giving effect" to the Act is granted in sec. 24 to the Minister (Minister of Foreign Affairs). Such a power seems excessive, or rather exceedingly vague. As a consequence, the problems of coordination referred to in the previous paragraph might be intensified by its exercise. For example, the Minister is presumably authorised to regulate fishing, as is the Minister of Agriculture and Fisheries under the Fisheries Act. However, all regulations issued under this Act (sec. 24 (7)), as well as under the Fisheries Act (sec. 13 ( 2)) are subject to negative resolution by the National Assembly, which could provide for any eventual contrasts or discrepancies.

Sweeping regul.atory powers as those granted in the Maritime Areas Act are also apt to encounter difficulties before courts - 15 - if the regulations or other administrative action is challenged. Courts may tend to give such powers a narrow interpretation, especially if there is a different piece of legislation which gives more precise powers with respect to the same subjects (e.g., fisheries) to another Minister.

Fisheries legislation

The principal enactment governing fisheries is the Fisheries Act, cap. 174 of the laws of Belize as amended by Acts Nos. 1 of 1983, 10 of 1987, 22 of 1987, 12 of 1988 and 19 of 1989. The Act is relatively brief, and is complemented by more comprehensive regulations (Fisheries Regulations, 1977, as amended by statutory Instruments Nos. 71 of 1978, 24 of 1980, 17 of 1982, 83 of 1982, 44 of 1986, 68 of 1990, 139 of 1990, 168 of 1991, and 169 of 1991). A consolidated version of the Regulations including amendments up to S.I. 44 of 1986 was published as cap. 174 of the Subsidiary Laws of Belize.

The Act expressly applies to "the whole of Belize" (sec. 3 as amended by Act 10 of 1987), thus covering the country's riverine waters. This is further specified in the Fisheries Act (Extension of Application) Order, 1987 (S.I. 34 of 1987), which specifically mentions an extension to watercourses, lakes, lagoons and other inland waters.

Any public officer may be appointed to be a fishery officer by the Minister. At present, officers other than those of the Fisheries Department who have been appointed to be fishery officers are police officers and (implicitly) customs officers (Fisheries Act, sec. 5), members of the Belize Defence Force, Maritime Wing (Fishery Officers (Appointment) Order, 1990), quarantine inspectors (Fishery Officers (Appointment) Order, 1991), some officers of the Hol Chan Marine Reserve (appointed by name in the Fishery Officers (Appointment) Order, 1991). The 1983 amendment authorizes the Minister to appoint any member of the Management Committee of a fishing cooperative to be a fishery officer (sec. 4 of the Fisheries Act).

Appointed fishery officers have the powers specified in sec. 5. Without a warrant, they may stop and search vessels which are suspected of being used in contravention of the law, to arrest any person committing or abetting to commit an offence, to seize boats and fishing tackle used in connection with an offence. Routine powers of inspection, in the absence of reasonable suspicion that an offence is being committed, are envisaged only with respect to fishing nets, if thought to be used for commercial fishing (sec. 5 (1) (i) (b)), and to business premises where fish is processed (sec. 5 (1) (i) (f), introduced by Act 1 Of 1983).

A licence is required for commercial fishing (defined as fishing for the purpose of sale or other disposition for money's worth) both for boats and for fishermen (sees. 6 and 7). - 16 - A licence is also required for research operations, to the extent that they involve the taking, killing, capturing or any disturbance of fish or the seabed (sec. 8) , and the prior approval 0£ the Permanent Secretary is required (regs. 30 and 31). Licences are also currently necessary pursuant to the Act or to Regulations for the export of fish (sec. 9), to sell fish from a duty-free shop (sec. 9 as amended by Act 19 of 1989), for the export of black coral (reg. 20) and of turtles (reg. 14). Although this is not specifically envisaged in the legislation, aquaculture licences are currently required and being issued by the Minister, while licences for processing establishments for aquaculture products are being issued by the Fisheries Administrator. For any other fish processing establishments, a "certificate of registration" is required, and issued by the Minister (regs. 71-73).

No specific criteria are set out for the issue of any licence. There is provision for appeal to the Minister in case of refusal (reg. 55).

Boats licensed under the Act are allotted a distinguishing mark, which must be painted on the hull in black on white or similarly light coloured background in the prescribed minimum size (regs. 35-38). However, marking requirements applying to all vessels of minimum 50 t "within Belize" are also found in the Harbour Regulations issued under the Harbours and Merchant Shipping Act, cap. 191. These establish that markings must be to the satisfaction of the Harbour Master, conspicuously marked on each bow, with white or yellow letters on a dark background, or black letters on a white background, and of a certain size, which happens to be smaller than that envisaged in the Fisheries Regulations (reg. 23).

Fishing without any of the above mentioned licences when one is required is an offence (sec. 10). Forfeiture of fish, boat and equipment may be ordered by the convicting court (and must be ordered in the case of a second offence):

- in cases of lack of, one of the prescribed licences (sec. 10 (2), as modified by Act 10 of 1987));

- in the case of an offence relating to marine reserves (sec. 13A (5), as modified by Act 10 of 1987);

- in cases of contravention of any regulation made under the Act (sec. 14 (3), as modified by Act 10 of 1987).

The latter case would cover some of the most common offences such as the taking of undersized fish, or the taking of fish out of season.

"Suspension" of a licence following any conviction is compulsory for a period of twelve months (reg. 48). Application for a "new" licence may be filed at the end of such period (i.e., the "suspended" licence is rather "revoked", and its renewal suspended, since it does not come back into validity). - 17 -

Most conservation measures are included in the Regulations. These prohibit the taking of (and trading in or possessing) lobster, conch, shrimp (except if cultivated) and turtle during certain seasons (lobster: 15 March-14 July (reg. 3}; conch: 1 July-30 September (reg. 6) ; shrimp: 15 April-14 August (reg. 5A); turtle: 1 June-31 August (reg. 10)). A number of other traditional restrictive measures are included, e.g., the prohibition to take female lobster with eggs, to take turtle eggs, to use scuba equipment in fishing, to take soft shelled crustaceans, to use certain nets etc. In addition to the seasonal closure of the fishery, the taking, trading in or possession of some species of turtle (green turtle, loggerhead turtle and hawksbill turtle) is also prohibited if below a minimum weight (reg. 13).

Restrictions as to fishing methods in the Act include the prohibition to use poison and explosive with intent to stupefy, poison, take or kill fish. Although this has been argued in practice, the provision would cover the dynamiting of coral (which in the Act falls under the definition of "fish"), even if not for the purpose of "taking" it. The Regulations expressly define "taking" as including "harming" (reg. 2}.

Detailed reporting may be requested of "every person or exporter" engaged in taking of fish for sale, sale of fish, processing and purchasing of fish (reg. 50). A specific form is included in schedule to the regulations to this effect.

The Act makes provision for the declaration by the Minister of marine reserves (sec. 9A., introduced by the Fisheries {Amendment) Act 1983, No. 1 of 1983}. Marine reserves may be declared where the Minister considers that "extraordinary measures" are necessary. The Minister is also authorised to revoke orders of declaration of marine reserves (sec. 13A (2)). Activities prohibited in a marine reserve, except under a licence issued by the Fisheries Administrator, are fishing, damaging any flora or fauna, scientific research, and any others which may be from time to time specified by the Minister. Although this is not made clear, the "licence" issued by the Administrator is presumably a different one from the regular fishing licence, which is also to be issued by the Administrator (reg. 29}. A more detailed regulation of the first marine reserve created under the Act (by the Fisheries (Hal Chan Area Marine Reserve) Order, 1987) is found in the Hol Chan Marine Reserve Regulations, 1988.

The Regulations (see, below, section on marine reserves) provide for the creation of three different zones in the Reserve, devoting to strict preservation only zone A, and allowing a few more activities, such as fishing, in zones B and c, exclusively by "special licence" issued by the Administrator.

The Regulations include detailed provisions on processing of fish (Part IV) . These deal specifically with quality assurance (regs. 57-7 6) , labelling (regs. 77-83) , construction of and equipment for fish processing establishments (regs. 84-102), and operating requirements (regs. 103-127) . Processing establishments - 18 - must be registered with the Minister (reg. 71). The registration form contained in a schedule to the regulations {Sched. 3 form 2) assumes that only cooperatives have the capacity to process and export fish, since it expressly provides for the registration of a "Cooperative Society ... ". However, in the past few years, aquaculture plants have had their own processing establishments, so that the formulation in the schedule seems inappropriate.

Other relevant legislation

Registration of vessels

The Registration of Merchant Ships Act, 1989 (Act 32 of 1989) establishes an "international Merchant Marine Registry of Belize (IMMARBE)", for the registration under the flag of Belize of any type, class, size or weight of vessel engaged in any kind of trade, service or international maritime activity, including pleasure vessels (sec. 3). Any national or foreign person may apply for registration (sec. 4). The provisional one-year registration which is first granted may then be turned into a permanent one or into quarterly renewals (sec. 6). Applicants must supply a builder's certificate for new registrations, or information as to the previous registration of the vessel (sec.7), and once registered must pay the fees set out in the schedule to the Act. Registration generally implies a number of obligations such as to notify and register any transfer of ownership, any mortgage, and any registration in another country's registry under charter contract. It also subjects the vessel to maritime liens in the order set out (sec. 21). The Registration of Merchant Ships {Amendment) Order, 1992, allows new types of registration, for non-commercial vessels such as sport and recreational ones.

National Lands

The National Lands Act, 1992 {Act 6 of 1992), defines national lands as including all lands and sea bed other than reserved forests as defined in the Forest Act, including cayes not located or granted. Pursuant to sec. 7, the Minister may grant leases with respect to national land. Where the interested land area is 500 acres or more, the applicant for a lease must supply an environmental impact assessment and periodical updates (sec. 9).

Environment

A bill for an Environmental Protection Act was gazetted in 1992. The bill establishes a Department of the Environment, which has in fact already recently been created. A number of the activities listed as "functions of the Department" (sec. 4) relate to natural resources and their protection and rational use. Assistance to the Forestry Department (but no others) in "promoting the development of a balanced forestry management program" is also stated as a function (sec. 4 (t)). The Minister is empowered inter alia to make regulations for "protecting the - 19 - coastal and marine resources of the country'' (sec. 7 (1) (k)). An environmental impact assessment is required from any person intending to undertake a project, programme or activity which may significantly affect the environment (sec. 20 (1)).

Wildlife

The Wildlife Protection Act, 1981 (Act 4 of 1981), provides mainly for the regulation of hunting. The hunting of species listed in a schedule to the Act, as well as of immature wildlife or females accompanied by young is prohibited (sec. 3). Hunting of any other wildlife is allowed pursuant to a ("resident" or "non-resident") licence (sec. 3 (b)). Hunting is also prohibited in closed areas (sec. 4 (1), and if traps or explosives are used (sec. 3 (d)). An eleven-year moratorium on commercial dealing of wildlife is established (sec. 8), with the possibility of "dealer's licences" being issued with the approval of the Minister (sec. 13). Hunting for scientific purposes may also be authorised by the Minister (sec. 14).

The definition of "wildlife" in the Act (sec. 2) does not include fish. The Act, however, does apply to reptiles and undomesticated mammals, and the schedule of prohibited species does include some marine ones (all species of dolphins and whales). Loggerhead, green, hawksbill and leatherback turtles were originally included, but were deleted by S.I. 12 of 1982. Regulation of the taking of turtles is therefore presently found exclusively under the Fisheries Act.

As pointed out in the case of enforcement of legislation on mangroves, the possibility of designating fisheries officers to be responsible for the enforcement of this Act as it relates to marine species should be considered.

Protected areas

In addition to the provisions on marine reserves in the Fisheries Act, current Belizean legislation dealing with protected areas includes a,National Parks System Act, 1981, and a provision on "special development areas" in the Land Utilization Act, 1981. Three different Departments are therefore respectively responsible for protected areas declared under the three Acts, namely, the Fisheries, Forestry and Land Department.

The National Parks System Act, 1981 (Act 5 of 1981) , which is under revision in conjunction with the forests and wildlife legislation, provides for the declaration by the Minister of national parks, nature reserves, wildlife sanctuaries and natural monuments. The Act indicates acts which are prohibited in these areas (sees. 5 and 6) , and empowers the Minister to make regulations for their "good management" (sec. 8) . It also requires the responsible officer to prepare a management plan for the area for approval by the Minister as soon as practicable after the declaration (sec. 9 (2)). No requirements are set out as to the contents of such a plan. Some of the protected areas declared under the Act include marine areas. - 20 -

The Land Utilization Act; 1981, empowers the Minister responsible for the implementation of the Act to demarcate 11 special development areas" and to stipulate the type of development that will be permitted within those areas (sec. 19 (1) (d)).

A draft Protected Area Conservation Trust Act aims at the protection of "natural and cultural resources" and establishment of a trust fund to provide money to operate, maintain and enhance protected areas for their conservation and visitor enjoyment. "Marine protected areas", i.e., presumably, marine reserves, would be interested among others. The Board of Directors (sec. 4) and of the Advisory Council (sec. 18) which would be established under the Act would possibly include a representative of the Fisheries Administration. Revenues would include a "conservation fee" to be charged to all passengers arriving in Belize and a percentage of fees collected in protected areas (sec. 21).

Forests, plants

The Forest Act, cap. 176, dates back to 1927, with subsequent amendments. The Act, which is currently under revision together with its subsidiary legislation, is limited to provisions on the declaration of reserves by the Minister, payment of royalties, powers of forest officers, offences and penalties and forest roads. Of more specific interest to fisheries are the Forests (Protection of Mangroves) Regulations, 1989.

The Regulations prohibit any "alteration" (which includes cutting and defoliating, but does not include "selective trimming") of mangroves on any land except with a permit (reg. 4). Alterations which involve dredging or filling can be authorised only in "exceptional circumstances" (reg. 4 (2)). A number of factors to be considered for issuing or denying permits are listed. These include "the proximity of the proposed project to coastal and reef areas known to be of outstandingly high ecological value" (reg. 5, {2) (i)), and existing or proposed plans such as barrier reef regional management and development plans (reg. 5(4) (c)). Applications for permits must be published in a local newspaper by the Department (reg. 4 (5)).

Despite the intent somehow to bring in public participation in the procedure leading to the issue of a permit by requiring such a notice, as well as the recognition in the regulations of the importance of mangroves for the ecology and for fisheries production, no provision is made for getting other Government departments involved in the process of issuing permits. Similarly, no provision is made to allow enforcement by persons other than forestry officers. This seems advisable, and both of these possibilities should be considered.

Under the Plant Protection Act, cap. 178, the Minister may make regulations regarding the entry into Belize of plants and animals (sec. 15). Any such regulations affect especially - 21 - aquaculture operations importing larvae and fishmeal.

Investment incentives

The Fiscal Incentives Act, 1990 (Act 6 of 1990) allows any person wishing to establish an enterprise in Belize to apply for an "approved enterprise order" to which a number of benefits are connected. The applicant must supply the prescribed information such as particulars to determine the expected level of exports and of foreign exchange earned or saved (sec. 3) . Foreign companies may apply upon payment of a fee (sec. 3 (2), but must establish a Belizean incorporated company to operate the enterprise (sec. 4). The grant of an order is subject to the satisfaction of the Minister that the enterprise will be beneficial to the economy of Belize and in the public interest (sec. 4 (1) (b) and (c)). A tax holiday period and a duty exemption period may be granted at the discretion of the Minister (sec. 6 (9) and 7 (4)), generally for a minimum of 5 years and, in the case of specified enterprises which include food processing and mariculture, a maximum of 25 years (sec. 6 (1) (b) and 7 ( 1) ( b) ) .

As other enterprises, fisheries cooperatives may be declared to be approved enterprises under the Act. For example, Northern Fisheries Cooperative was admitted by S. I. 141 of 1982 to a number of benefits thereby specified.

Export

The customs and Excise Duties Act, Cap. 38, provides that the House of Representatives may, by resolution, levy export duty on goods to be exported, and revoke or replace existing duties (sec. 23 (4)). The Fourth Schedule to the Act, as amended by the Customs and Excise Duties (Validating) (Amendment) Act, 1990, includes "fish as defined in the Fisheries Act, except farm shrimp and lobster", among the goods subject to an export duty. For lobster, a rate of duty of 5 per cent of value, or BZ $.75 per lb., whichever is less, is established.

Pursuant to the supplies Control Act, cap. 221, the Minister may make regulations inter alia for regulating or prohibiting the production, treatment, exportation and sale of articles or goods of any description (sec. 3 (1) (b)).

Cooperative Societies

Under the Co-operative Societies Act, Cap. 246, "a society which has as its object the promotion of the economic interests of its members in accordance with cooperative principles, or a society established with the object of facilitating the operations of such a society" may be registered under the Act, with or without limited liability as the Registrar may decide. Registered cooperatives may by-law or contract with their members require that they dispose through the cooperative of the whole or a specified amount of the product in which the cooperative deals, specifying the sum to be paid in case of breach of this - 22 - provision ( sec. 13). This is in fact required by all Belizean fisheries cooperatives. At least one-fourth of the net profits must go to the reserve fund (sec. 34 (1)), and the remainder may be distributed among members, or allocated to other funds established in accordance with the by-laws or rules of the cooperative, except for unlimited liability societies (sec. 34 (2) and (3)). Accounts are audited by the Registrar or on its account at least once a year (sec. 35 (1)). The Registrar has access to books at all times (sec. 36), and has significant powers of inquiry (sec. 37). Further rules are found in the Cooperative Societies Rules, cap. 246 of the Subsidiary Laws of Belize.

International agreements

Among the international agreements to which Belize is a party and which are relevant to fisheries legislation are the 1982 United Nations Convention on the Law of the Sea (ratified on 13 August 1983) and the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES, ratified on 19 August 1976).

Belize has been a member of CARICOM since May, 1974, and of WECAFC (Western Central Atlantic Fisheries Commission) since 1985. - 23 -

IV. DISCUSSION

The fisheries legislation

'The management of fishery resources in Belize has been limited to traditional restrictions such as seasonal closure of fisheries and minimum size of catch. The main part of the legislation therefore establishes measures of this type, sets out penalties and other consequences for offences, and regulates the powers of the officers responsible for the enforcement of these provisions. The legislation also provides for the regulation of processing and export of fishery products.

The Fisheries Department has already undertaken to ensure a more responsible management of Fisheries in Belize. This is certainly advisable and should be seen as a primary function of the Department. It is understood that the process of fisheries management involves the gathering of information on the resource, the statement of specific objectives, the adoption of measures specifically designed for the implementation of those objectives, the monitoring of the effects determined by such measures and their progressive adaptation to verified needs.

An appropriate legislative basis to this process is now lacking in Belize. Although many decisions with regard to the preparation and implementation of management plans for the Belize fisheries remain to be made, the law could constitute a framework within which such decisions should be made. The new fisheries legislation should attempt to do this, allowing and stimulating a renewed approach to fisheries management. The following are a few suggestions in this regard.

A significant first step would be the establishment of a specific responsibility for the Fisheries Administration to develop management plans for specified kinds of fisheries and to keep them under constant review. Rather than establishing specifically the type of fisheries for which these plans should be prepared, the new legislation could refer that specification to a subsequent notice (by .regulation or order), or simply limit the obligation to prepare the plans to those which from time to time appear to be necessary; rather than specifically establishing the contents of the plans, the legislation should set out minimum requirements. The latter will however be indispensable in order to make clear what is meant by the concept itself of management plans, and the basic steps which should be taken in their preparation. The process may be facilitated by strengthening the reporting requirements in the legislation (and in its enforcement), in order to provide the Department with as much information as possible on the existing resources. A closer control on the issue of research licences, with further requirements as to the submission of findings to the Department, would also help that purpose.

The process of management planning should also provide a basis for the issue of any fishing licences. Licences may be used to implement a regulatory regime for specific fisheries - 24 - effectively. To this end, the legislation should allow the issue of licences exclusively in accordance with a previously established management plan, which will provide the criteria (which are presently lacking) on the basis of which licences may be issued. Where the information on a fishery is too scant to serve as a basis for the preparation of a detailed plan, a cautious approach will have to adopted in the exploitation, i.e., the issue of licences should be limited in number or in quantity of fish allowed to be taken. The legislation should also give authority for the imposition of conditions in the licences.

In this regard, various possible options for a diversification of fishing licences will have to be considered (as the Fisheries Department is in fact doing) before appropriate provisions can be incorporated in the legislation. In establishing the types of licences which will have to be issued, one must bear in mind the connected issues of enforcement and of presentation of evidence before the courts. If more different licences are required for different kinds of fishing, enforcement will be made more difficult. Considerations of this sort must be made in making decisions to be embodied in the new legislation.

Another significant innovation which is necessary in the fisheries legislation is due to the extension of fishing areas on the basis of the new Maritime Areas Act. Having been conceived in a completely different situation as to State's jurisdiction on maritime areas, the Fisheries Act does not in any way regulate fisheries in the recently extended fishery zone. New legislation will have to be more specific as to its extent of application, by expressly defining it. As already indicated, the Fisheries Act presently applies to "the whole of Belize", so that, unless specific provision is made, it does not cover the exclusive economic zone, which is not part of the territory.

The extension of the Belize fishery zone brings about a whole new set of issues concerning the access of foreign fishing vessels into the zone. It is unlikely that the same policy pursued thus far, i.e., to simply forbid the access to foreign vessels by denying licences except to those operating in joint venture with Belizeans, will continue to be implemented much longer. Such an approach would also be in contrast with the requirements of the United Nations Convention on the Law of the Sea, to which Belize is a party. In any case, the revision of fishery legislation being carried out should be an occasion to introduce a legal framework for the possible access of foreign fishing vessels.

Otherwise, the same provisions applying to national vessels would apply to foreign ones if allowed to fish.

Normally, however, more favourable conditions are established for local fishermen in any country.

In general, a country may allow foreign fishing by licensing individual foreign vessels. Alternatively, an increasing number of countries has pref erred the adoption of bilateral agreements - 25 - with foreign governments, on the basis of which they undertake to issue fishing licences at certain conditions to any (or a certain number of) vessels which meet specified requirements. This is often advisable in that it makes the foreign Government, which is a party to the agreement, responsible for its implementation. The host State may then be able to bring up issues of violation of law or licence conditions by a licensed foreign vessel directly with the foreign Government, and normally would obtain any compensation agreed to. The agreement usually also implies financial benefits deriving directly from the foreign Government rather than from individual licences. It may· also allow related issues (e.g., trade of fishery products) to become part of the arrangement. The same type of bilateral agreement can be made also with international organizations which are interested in providing access to fishing vessels of their own member States into other countries' waters. This is the case, for example, with the fisheries agreements adopted by the European Community with a number of African States.

The new fisheries legislation of Belize should provide for the possibility of reaching such agreements with foreign countries or institutions. Naturally, since the conclusion of agreements of this type will not always be appropriate or possible, it should also provide for the possibility of licensing individual foreign vessels.

In any case, the extent of the fisheries resources to be made available to foreigners is an issue in itself, which should be dealt with as part of the overall management planning of fishery resources. The legislation should in this regard require that certain findings regarding the resource and the effect on local fishing be made before access can be granted to foreign vessels.

Finally, provisions on foreign fishing should tend to prevent evidentiary problems in the prosecution of illegal fishing by foreign vessels. In this regard, a common problem is to prove whether a fishing vessel transitting a country's waters has actually been involved in fishing or is simply exercising its right of passage. A provision (possibly appropriate for the type of vessels which are most likely to cross Belizean waters) should require that fishing gear of transitting unlicensed foreign vessels be securely stowed, or otherwise be presumed to be engaged in fishing.

The differentiation of regimes to be applied to foreign and local vessels will make it imperative to distinguish clearly between the two categories. No criteria as to the nationality of vessels are presently included in the fisheries legislation. As already indicated (see Registration of Merchant Ships Act), a registration of (national or foreign) vessels in an open registry (IMMARBE) can entitle vessels to fly the Belizean flag. It is evident that registration in IMMARBE cannot be considered equivalent to the grant of nationality to a vessel for fisheries purposes. This could be made clear in the new fisheries legislation. In any case, specific criteria for the - 26 -

identification of the Belizean or foreign nationality of vessels will have to be introduced. Particular problems may be caused in this regard by joint ventures, which may have higher or lesser degrees of local participation. It will be therefore advisable to expressly provide relevant criteria, with a view to making joint ventures which do not involve substantive local participation subject to the same regime as foreign fishing vessels.

The regulatory framework which will be developed for the management of capture fisheries will not be able to be applied to aquaculture as well. A specific framework for the management of aquaculture will have to be introduced at some stage. This should probably lead to the adoption of a specific law on aquaculture. Alternatively, or for the time being specific provisions on aquaculture might be introduced in a new Fisheries Act. In any case, the Act should at least empower the Minister to make regulations on aquaculture, specifying that this would include power to require a licence, to establish terms and conditions subject to which the licence is issued, and to provide for decreasing environmental degradation deriving from and likely to cause damage to aquaculture. Probably the regulations could then be more specific as to the type of conditions the Minister may impose on individual licences, but would leave further determination to individual cases.

Further updating of the Minister's regulatory powers will be necessary. It should be discussed whether, as a way of limiting overfishing, the Minister should be empowered to limit from time to time the access of new fishermen to particular fisheries. More specific authority to require reporting of catches and other data and to attach conditions to licences should also be provided.

A general updating will be necessary in the terminology used in the law and regulations. The following are a few examples.

By defining "fish" as "marine or fresh water animal or plant life", some confusion may arise especially as to the responsibilities of the Fisheries Department as opposed to the Forestry Department.

The definition of the term "crawfish" is slightly different in the Act than it is in the regulations (which implicitly exclude "rock lobster", while it is not clear whether such an exclusion is intentional) .

According to the Act (sec. 9A., as amended by Act No. 1 of 1983), fishing is prohibited in marine reserves, unless carried out under a "licence''· It is not clear whether (and how) such a licence should be different from a regular fishing licence. The same licence is addressed as a "special licence" in regs. 7 and 8 of the Hol Chan Marine Reserves Regulations, 1988, which however, in reg. 9, refer to "permits" issued under the same regulations. Similarly, sec. 8 of the Act refers to "licences" for scientific research, which are named "permits" in the title - 27 - of the same section, and "scientific research permits" in reg. 31.

Finally, a redrafting of the legislation is advisable also because at present it is rather difficult to identify the provisions in force by coordinating the various amendments made to the text. The amendments currently in force in fact refer to two different texts of the Act, i.e., cap. 133 of the Laws of Belize 1958, and cap. 174 of the Laws of Belize 1980. This is due to the fact that the 1980 edition did not enter into force until 1984, so that the Fisheries (Amendment) Act, 1983, refers to the previous edition of the law.

Summary of recommendations

The above considerations suggest the need for a redrafting of the fisheries legislation. The formulation of a complete new draft Fisheries Act instead of amendments to the existing law would be a more convenient way of proceeding. The introduction of new amendments would make the comprehension of the Act even more difficult than at present. More importantly, a whole new structure of the law will be required by the need to provide for management planning and to introduce provisions on foreign fishing.

The reformulation of the Act will make it necessary to update the Regulations accordingly. Al though the contents of many provisions would not need to be changed, a complete reformulation of the text (rather than the adoption of amendments) would in this case also make comprehension easier and allow the implementation of any new concepts (such as those of management plans) introduced in the Act.

A number of policy decisions remain to be made. These include the issues of the implementation and enforcement of the new Maritime Areas Act as it relates to fisheries. As explained in the section commenting on the Act, there are at present possible overlaps with the fisheries' legislation as to the Ministers' regulatory powers, as to the powers of enforcement officers, and as to offences envisaged under the Act.

The strengthening of cooperation among existing Ministries or Departments responsible for related subjects is also recommended. The suggestion applies especially with regard to the enforcement of mangrove regulations, of legislation on protected areas which include marine areas, and of wildlife protection legislation with regard to marine species. The revision of some of these laws which is currently taking place (forestry, wildlife, protected areas) should be taken as an occasion for discussing a possible formalization of such cooperation.

The annexed Fisheries Act and Regulations are proposals drafted in accordance with the suggestions of this report. More detailed explanatory notes are included at the end of each text. - 28 -

APPENDIX 1 - PROPOSED FISHERIES ACT

(See notes by number at the end]

FISHERIES BILLe 1993

A bill of an Act to replace the Fisheries Act, Cap. 174.

PART I - PRELIMINARY

1. Short Title

This Act may be cited as the Fisheries Act, 1993.

2. Interpretation

In this Act, unless the context otherwise requires

"aquaculture" means the culture or husbandry of plants or animals in water;

"fish" means any aquatic plant or animal with the exception of birds, and includes any fish, crustacean, mollusc, coral, echinoderm, holothurian, aquatic reptile or aquatic mammal and its shells, eggs and other naturally occurring products;

"Fisheries Administrator" means the person for the time being appointed to be the Fisheries Administrator under section 3;

"fisheries officer" means any public officer appointed to be a fisheries officer under section 4;

"fisheries ma·nagement plan" means any plan and revisions thereof adopted under section 6;

"fisherman's licence" means a licence issued under section 12;

"fish exporter's licence" means a licence issued under section 14;

"fishing", or "to fish" means fishing for, capturing, taking or killing fish or other aquatic organisms by any method, or attempting to do any of the above, and includes searching for fish and placing any fish aggregating device;

"fishing vepsel'9 means any vessel used for fishing or related activities;

"foreign fishing vessel" means any fishing vessel other than a local fishing vessel;

"foreign fishing vessel licence" means a licence issued under section 7; - 29 -

"licence" means any licence issued under this Act;

"local fishing vessel" means any fishing vessel which2

(a) is wholly owned by one or more citizens or public bodies of Belize; or

(b) is wholly owned by a company or society or other association of persons established under the laws of Belize, of which all of the share capital is owned by citizens of Belize or public bodies;

"marine reserve" means any area declared to be a marine reserve under section 21;

"marine reserve management plan" means with respect to any marine reserve a plan adopted under section 22;

"master" means the captain or any other person for the time being in charge of a vessel;

"operator" means, with respect to a vessel, the owner and the charterer, if any;

"related activities" in relation to any fishing means

(a) transshipping fish to or from any vessel;

(b) storing or processing fish;

(c) transporting fish except as part of a general cargo;

(d) refuelling or supplying fishing vessels or performing other activities in support of fishing operations at sea;

(e) attempting or preparing to do any of the above;

"research permit" means a permit issued under section 13;

"waters of Belize" means

(a) rivers, lakes and any other inland waters;

3 4 (b) the internal wate:i;s , the territorial sea and the exclusive economic zone as defined in the Maritime Areas Act, 1992;

PART II - FISHERIES ADMINISTRATION

3. Appointment and responsibilities of the Fisheries Administrator

(1) The Minister shall appoint a Fisheries Administrator.

( 2) Subject to the direction of the Minister, the Fisheries Administrator shall be responsible for the implementation of this - 30 -

Act and in particular for:

(a) planning, promoting, assisting and conducting activities to ensure the sustainable development of the fisheries of Belize;

(b) monitoring~ control and surveillance of fishing and related activities;

(c) collecting and analyzing statistical information, including biological, social, economic and technical information, on fishing and related activities;

(d) preparing and revising fisheries management plans;

(e) issuing licences and permits in accordance with this . Act;

(f) conducting and coordinating fisheries related research;

(g) managing marine reserves and such other areas as may be entrusted to the Fisheries Administrator for management;

(h) consulting with fisheries management authorities of other countries on fisheries management issues.·

(3) The Minister may delegate any of the powers granted to the Fisheries Administrator by this Act to any fisheries officer .

4. Fis. h er1es . o ff.icers 6

(1) The Fisheries Administrator and any Senior Fisheries Officer, Fisheries Officer, Assistant Fisheries Officer, Inspector, coxswain, Assistant Coxswain, Marine Reserve Manager, Marine Reserve Ranger and Marine Reserve Biologist shall be fisheries officers for the purposes of this Act.

(2) Police and Customs officers shall be fisheries officers for the purposes of this Act.

(3) The Minister may appoint any public officer to act as a fisheries officer for the purposes of this Act.

5. Fisheries Advisory Board

(1) There shall be established a Fisheries Advisory Board to advise the Minister on matters relating to fisheries.

(2) The Fisheries Advisory Board shall be composed of the following persons:

(a) the Fisheries Administrator or his representative;

(b) a representative of the Chamber of Commerce;

(c) at least seven, but no more than twelve other persons - 31 -

appointed by the Minister to represent the public interest. 7

( 3) The quorum .for conducting the business of the Fisheries Advisory Board shall be .•. members.

(4) The Board shall establish its own rules of procedure.

(5) The Fisheries Advisory Board may invite the head of any Government department or his representative or such other person as it may think fit to participate in its meetings where matters· of concern to that department or person are being discussed or where it considers that the presence of that person would benefit the deliberations of the Board.

PART III - FISHERIES MANAGEMENT

6. Fisheries management plans8

( 1) The Fisheries Administrator shall progressively develop plans for the proper management of fisheries in the waters of Belize.

(2) Each fisheries management plan shall be reviewed and revised as necessary and at least once every five years.

(3) Each fisheries management plan shall indicate

(a) the current state of the fishery concerned;

(b) the objectives to be achieved and the measures to be applied to the fishery concerned for the attainment of such objectives;

(c) the main requirements for statistical information on the fishery and the means to be used to obtain such information;

(d) any limitations to fishing in the fishery concerned including limitations.by season, area, fishing gear, number of licences to be issued, ports of authorised landing;

(e) the criteria for the allocation of licences allowed to be issued under the plan among the applicants for such licences;

(f) the amount of fishing, if any, allocated to foreign fishing vessels, and any specific terms and conditions to be applied to foreign fishing vessel licences.

(4) Before the adoption of each fisheries management plan the Fisheries Administrator shall:

(a) prepare a proposed fisheries management plan, consulting where practicable the fishermen involved in the fishery concerned; - 32 -

(b) submit the proposed fisheries management plan to the Fisheries Advisory Board to obtain its comments;

(c) publish a notice in the Gazette containing

(i) a copy of the proposed fisheries management plan; (ii) an invitation to the public and particularly to the fishermen involved in the fishery concerned to submit written or oral comments on the proposed fisheries management plan within a specified period of time not shorter than two months and not exceeding four months;

(iii) the indication of dates and places where public meetings shall be held within the period of time specified under sub-section (4) (c) (ii) to allow the public to submit comments;

(d) hold the public meetings as indicated in the notice referred to in sub-section (4) (c);

(5) After a period of time not exceeding one month following the end of the period specified under sub-section (4) (c) (ii), the Fisheries Administrator shall, considering any comments expressed by the Fisheries Advisory Board and by the public, make recommendations to the Minister as to the adoption of the fisheries management plan and its contents.

(6) After a period of time not exceeding three months for consideration of the proposed fisheries management plan and of the comments expressed by the Fisheries Advisory Board and by the public, the Minister may adopt the plan or refer it to the Fisheries Administrator for revision.

(7) Any revision of a fisheries management plan shall be made in accordance with the procedure set out in sub-sections (4), (5) and (6).

7. Foreign fishing vessel licence

(1) No foreign fishing vessel shall be used for fishing or related activities in the waters of Belize without a valid foreign fishing vessel licence issued in accordance with this section.

(2) An application for a foreign fishing vessel licence shall be made, in the prescribed form, to the Minister.

(3) subject to this Act, upon recommendat~on of the Fisheries Administrator, the Fisheries Advisory Board , and any interested Government Departments, the Minister may issue a foreign fishing vessel licence in respect of a foreign fishing vessel authorising that vessel to operate in any specified areas of the waters of - 33 -

Belize for such fishing or related activities as may be specified in the licence, if he is satisfied that

(a) (i) the issue of such licence is consistent with the applicable fisheries management plan, and in particular that the amount of fish authorised to be taken by foreign fishing vessels in the applicable fisheries management plan is not exceeded by the issue of such licence;

(ii) where such licence is to be issued in respect of the territorial sea or the internal waters or any inland waters, its issue will not cause unreasonable harm to the local fishing industry; and that

(b) either

(i) the issue of such licence will be beneficial to the economy of Belize and in the public interest, and the applicant has provided sufficient financial and other guarantees for the fulfilment of all obligations under this Act;

or

(ii) there is in force with the Government of the flag State of the vessel, with an intergovernmental organization to which the flag State has delegated the power to enter into fisheries agreements, or with an association of which the operator of the vessel is a member, a fisheries agreement entered into under the following section, to which the Government of Belize is a party.

8. Fisheries agreements

(1) The Government of Belize may enter into fisheries agreements with other States, with intergovernmental organizations and with associations representing foreign fishing vessel operators, providing for the allocation of foreign fishing vessel licences to vessels of those States, organizations or associations.

(2) The amount of fishing authorised under agreements entered into under this section shall not exceed the amount of fishing allowed to be taken by foreign fishing vessels under the applicable fisheries management plan.

(3) Any agreement entered into under this section shall include a provision establishing the responsibility of the foreign State or intergovernmental organization or association to take all necessary measures to ensure compliance by its vessels with the agreement and with the laws relating to fishing in the waters of Belize. - 34 -

(4) The term of a foreign fishing vessel licence shall not extend beyond the term of any applicable agreement entered into under this section.

9. Stowage of-gear

(1) Any foreign fishing vessel which is not licensed to fish under section 7 shall at all times that it is in the waters of Belize keep its fishing gear securely stowed so as not to be readily available for use.

{2) Any foreign fishing vessel which is licensed to fish under section 7 exclusively with respect to specified areas of the waters of Belize shall at all times that it is not in those specified areas keep its fishing gear securely stowed so as not to be readily available for use.

{3) Any foreign fishing vessel which is licensed to fish under section 7 exclusively by means of a particular type of fishing gear, shall l<:eep any other fishing gear on board the vessel securely stowed so as not to be readily available for use at all times that it is in the waters of Belize.

10. Local fishing vessel licence

(1) No local fishing vessel shall be used for fishing or related activities in the waters of Belize without a valid local fishing vessel licence issued in accordance with this section.

(2) An application for a local fishing vessel licence shall be made, in the prescribed form, to the Fisheries Administrator.

(3) Subject to this Act, the Fisheries Administrator may issue a local fishing vessel licence in respect of a local fishing vessel if he is satisfied that

(a) the vessel is a local fishing vessel;

{b) the issue of tne licence is consistent with the relevant provisions of the applicable fisheries management plan;

(c) the applicant is able and willing to comply with the conditions of the licence.

(4) Where a vessel licensed under this section ceases to be a local fishing vessel, the licence shall automatically terminate.

11. Marking and identification of fishing vessels All fishing vessels licensed to fish undel this Act shall be marked in such manner as may be prescribed. 0

11 12. Fisherman 11 s licence

(1) No person shall fish for commercial purposes in the waters - 35 - of Belize without a valid fisherman's licence issued in accordance with this section.

(2) An application for a fisherman's licence shall be made, in the prescribed form, to the Fisheries Administrator.

(3) Subject to this Act, the Fisheries Administrator shall issue a fisherman's licence if he is satisfied that the applicant is a citizen of Belize or is a resident of Belize authorised to engage in fishing in Belize.

(4) Sub-section (1) shall not apply to any person fishing in the course of fisheries related research or on board a foreign fishing vessel licensed under section 7.

13. Research permit

(1) No person shall undertake fisheries related research in the waters of Belize without a valid research permit issued in accordance with this section.

(2) An application for a research permit shall be made, in the prescribed form, to the Fisheries Administrator, and shall include a detailed plan describing the research operations to be undertaken. ( 3) The Fisheries Administrator may issue a research permit authorising any person or vessel to carry out the activities described in the plan referred to under the preceding sub­ section, and in doing so may exempt such vessel or person from any provision of this Act.

(4) A research permit may be subject to such conditions as may be prescribed or as may be stated in the permit and to the following conditions:

(a) such scientific observers or other personnel as the Fisheries Administrator may designate shall be allowed on board the licensed , vessel and shall be allowed to participate fully in the research project both on board the vessel and on shore;

(b) copies of any raw data generated by the research operations shall be submitted to the Fisheries Administrator at the end of the operations or at any other time as the Fisheries Administrator may require;

(c) the results and conclusions of the research operations shall be submitted to the Fisheries Administrator as soon as practicable following the completion of the operations and in any case not later than the time specified in the research permit for this purpose;

(d) no results of the research operations shall be published or otherwise made available outside Belize withuut the prior agreement of the Fisheries Administrator. - 36 - 14. Fish exporter's licence12

(1) Except as provided in sub-section (3), no fish shall be exported or purchased with a view to export without a valid fish exporter's licence issued in accordance with this Act.

(2) The Fisheries Administrator may issue a fish exporter's licence, subject to such conditions as may be prescribed.

(3) No fish exporter's licence shall be required for the export of fish where the quantity of such fish does not exceed twenty pounds.

15. Licence to sell fish from a duty-free shop

(1) No fish shall be sold from a duty-free shop without a valid licence to sell fish from a duty-free shop issued by the Fisheries Administrator in accordance with this Act.

(2) The Fisheries Administrator may issue a licence under the preceding sub-section, subject to such conditions as may be prescribed.

(3) Any holder of a licence issued under sub-section (1) shall keep a record of any sale of fish from the duty-free shop, and submit a monthly statement to the Fisheries Administrator and to the Comptroller of Customs showing the total amount of fish sold during the preceding month.

16. Other licences

The Minister may make regulations requiring a licence for

(a) any kind of fishing, including sport fishing and recreational fishing, with or without the use of a vessel;

(b) the use of pleasure craft for fishing;

(c) the use of a vessel for any related activity.

17. Prohibition to take coral and permit to take black coral

(1) No person shall take or damage any coral from the waters of Belize except in accordance with this section.

(2) The Fisheries Administrator may issue a permit to take black coral, subject to the applicable fisheries management plan and to such conditions as he considers appropriate. such conditions may include the limitatio~of the quantity of black coral which may be offered for sale.

(3) Where it is necessary to do so to allow access to land and it is in the public interest, the Fisheries Administrator may authorise the destruction of coral in specified areas, subject to such conditions as he considers appropriate. - 37 -

18. Terms and conditions of licences and permits

(1) Any licence or permit issued under this Act shall be subject to the payment of such fees and other payments as may be prescribed, or as may be provided for by a fisheries agreement entered into under section 8.

(2) Any licence issued under this Act shall be valid for such period as may be prescribed or as may be specified in the licence.

( 3) A licence shall not be transferable. 14 19. Appeals

( 1) Any person aggrieved by the refusal to issue or renew a licence or a permit under this Act may, within thirty days of the refusal, appeal to the Minister.

(2) The Minister shall, within thirty days of the filing of the appeal, hold a hearing at which the person aggrieved and the Fisheries Administrator shall be given the possibility to be heard.

( 3) Following thirty days of the hearing, the Minister shall issue a written decision on the appeal.

20. Prohibited substances

No person shall use any poison, explosive, electric device or noxious substance with the intent to fish.

PART IV - MARINE RESERVES

21. Declaration of marine reserves

( 1) The Minister may, upon recommendation of the Fisheries Advisory Board and of any public body to which there has been assigned responsibility with respect to coastal zone management, by order published in the Gazette, declare any area within the waters of Belize or any adjacent coastal area to be a marine reserve:

(a) to afford special protection to the aquatic flora and fauna of such areas and to protect and preserve the natural breeding grounds and habitats of aquatic life;

(b) to allow for the natural regeneration of aquatic life in areas where such life has been depleted;

(c) to promote scientific study and research in respect of such areas;

( d) to preserve and enhance the natural beauty of such areas. - 38 -

( 2) The Minister may, upon recommendation of the Fisheries Advisory Board and of any public body which may have been assigned responsibilities with respect to coastal zone management, by order published in the Gazette declare that any marine reserve or part thereof shall cease to be a marine reserve.

22. Marine reserve management plan

(1) Prior to the declaration of a marine reserve, the Minister shall adopt a marine reserve management plan in respect of that reserve.

(2) Each marine reserve management plan shall indicate

(a) a full description of the nature and location of the marine reserve;

(b) a description of the biological, environmental, geological and cultural resources of the area, and of the use of the area by local residents;

(c) the objectives to be achieved in the management of the reserve, and the measures to be taken for the harmonization and the attainment of such objectives, including any delimitation of zones where different activities may be allowed;

( 3) Each marine reserve management plan shall be revised and updated at least every five years.

(4) Before the adoption of each marine reserve management plan, the Fisheries Administrator shall

(a) prepare a proposed marine reserve management plan, consulting where practical residents of the area concerned and of its surroundings;

(b) submit the proposed marine reserve management plan to the Fisheries Advisory Board and to any public body to which there has been assigned responsibility with respect to coastal zone management to obtain its comments;

(c) publish a notice in the Gazette containing

(i) the indication of public offices where copies of the proposed marine reserve management plan will be made available for consultation by the public;

(ii) an invitation to the public, and particularly to the residents of the area concerned and its surroundings, to submit written or oral comments on the proposed marine reserve - 39 - management plan within a specified period of time not shorter than two months and not exceeding four months;

(iii) the indication of dates and places where public meetings shall be held within the period of time specified under sub-section (4) (c) (ii) to allow the public to submit comments;

(d) hold the public meetings as indicated in the notice referred to in sub-section 4 (c);

(5) After a period of time not exceeding three months following the end of the period specified under sub-section (4) (c) (ii), the Fisheries Administrator shall, considering any comments expressed by the Fisheries Advisory Board, by any body referred to in sub-section (4) (b) and by the public, make recommendations to the Minister as to the adoption of the fisheries management plan and its contents.

( 6) After a period of time not exceeding three months for consideration of the proposed marine reserve management plan and of the comments referred to in the preceding sub-section, the Minister may adopt the plan and declare the interested area to be a marine reserve, or refer the plan to the Fisheries Administrator for revision.

(7) Any revision of a marine reserve management plan shall be made in accordance with the procedure set out in sub-sections ( 4) , ( 5) and ( 6) .

23. Activities prohibited in marine reserves

( 1) Unless authorised under this Act, no person shall, in a marine reserve:

(a) fish;

(b) damage, destroy .or remove any species of flora or fauna;

(c) engage in any scientific research;

(d) engage in mining or oil drilling;

( e) do any other act which may be from time to time prohibited by regulations.

(2) The Fisheries Administrator may issue a permit to allow any person to carry out activities otherwise prohibited under the preceding sub-section, where such activities are consistent with the applicable marine reserve management plan.

(3) A permit under the preceding sub-section may be subject to such conditions as may be prescribed and as the Fisheries Administrator considers appropriate. - 40 -

PART V - AQUACULTURE

24. Aquaculture licence

(1) No person shall engage in aquaculture in Belize without a valid licence issued in accordance with this section.

(2) An application for a licence under this section shall be made, in the prescribed form, to the Minister, and shall include

(a) an environmental impact assessment of the proposed activity, carried out in accordance with the Environmental Protection Act, 1992;

(b) such other documentation as may be prescribed from time to time.

(3) The Minister may issue a licence under this section if he is satisfied that

(a} the documentation referred to in the preceding section has been provided;

(b) based on the environmental impact assessment carried out, the environmental impact of the proposed activity is acceptable;

(c) any other necessary approvals required under the laws of Belize have been or will be obtained;

(d) the applicant is able and willing to comply with the conditions of the licence;

(e) the issue of the licence is in the public interest.

(4} The validity of a licence under this section is subject to the entitlement of the holder of the licence to use the interested land.

(5} A licence under this section shall be issued in the prescribed form.

25. Licence conditions

The Minister, in issuing or renewing a licence under the preceding section, may impose any conditions relating to:

(a) the structure, equipment and maintenance practices which may be used for aquaculture;

(b) the area or areas in which aquaculture may be undertaken;

(c) the quantity and quality of feed which may be used;

(d) the control of, or prohibition on, the use of any - 41 -

pharmaceutical preparation, drug or antibiotic;

(e) the keeping of records;

(f) the disclosure of information;

(g) the notification of diseases;

(h) the disposal of any dead fish and any material or waste resulting from aquaculture;

( i) the fish which may be introduced to a particular facility and its quantities;

(j) the monitoring and control of water quality;

(k) the movement of fish;

( 1) insurance of aquaculture facilities, and activities connected therewith;

(m) the requirement of a separate licence for processing establishments connected with aquaculture facilities;

(n) the period or periods within which conditions must be fulfilled;

(o) such other conditions as the Minister considers appropriate.

26. Change in structure and equipment

The structure, equipment and maintenance practices authorised to be used for aquaculture under a licence issued under section 24 shall not be altered except with the prior consent in writing of the Minister.

27. Suspension and cancellation of licence

The Minister may suspend or cancel in whole or in part operations under a licence issued under section 24 where

(a) an outbreak of disease amongst fish under the control of the licence holder has occurred or is likely to occur;

(b) a violation of a condition or of conditions of such licence or of this Act has occurred or is likely to occur;

(c) the continufStion of such operations is not in the public interest.

28. Regulations on aquaculture

The Minister may issue regulations on aquaculture, including regulations relating to: - 42 -

(a) the operation, management and licensing of aquaculture;

(b) the structure, equipment and maintenance practices of aquaculture;

(c) the control of any discharge from aquaculture facilities;

(d) the collection of data, including business data, concerning aquaculture activities;

(e) the location of aquaculture facilities;

(f) the quantity and quality of feed used in aquaculture;

(g) the monitoring and control of aquaculture, including the recovery of the costs incurred for such monitoring and control;

(h) the control of predators, and hazards to wildlife;

( i) the movement of fish for aquaculture purposes in Belize;

(j) quality control for aquaculture products;

(k) the import of fish for aquaculture purposes;

(1) the operation of processing establishments connected with aquaculture facilities.

PART VI - ENFORCEMENT

29. Offences

(1) Where any foreign fishing vessel which is required to be licensed under this Act is used for fishing or related activities without a foreign fishing vessel licence, except as provided in section 13, the operator and master shall each ~e guilty of an offence and liable to a fine not exceeding ... ; 1

(2) Where any vessel which is licensed under section 7 or which is a foreign vessel in respect of which a research permit has been issued under section 13 is used in violation of any conditions of the licence or permit, the operator and master shall each be guilty of an offence and liable to a fine not exceeding •.• ,

(3) Where any local fishing vessel which is required to be licensed under this Act is used for fishing or related activities without a valid local fishing vessel licence, the operator and master shall each be guilty of an offence and liable to a fine not exceeding

(4) Where any local vessel which is licensed under section 10 or which is a local vessel in respect of which a research permit has - 43 - been issued under section 13 is used in violation of any condition of the licence or permit, the operator and master shall each be guilty of an offence and liable to a fine not exceeding

(5) Where any foreign fishing vessel which is not licensed under section 7 is found in the waters of Belize without its gear stowed as required by section 9, except as provided in section 13, the operator and master shall each be guilty of an offence and liable to a fine not exceeding ...

(6) Where any foreign fishing vessel which is licensed to fish under section 7 exclusively with respect to specified areas of the waters of Belize is found in other areas of the waters of Belize without its gear stowed as required by section 9, except as provided in section 13, the operator and master shall each be guilty of an offence and liable to a fine not exceeding ...

(7) Where any foreign fishing vessel which is licensed to fish under section 7 exclusively by means of a particular type of fishing gear is found in the waters of Belize with any other fishing gear on board the vessel not securely stowed as required by section 9, except as provided in section 13, the operator and master shall each be guilty of an offence and liable to a fine not exceeding ...

(8) Any person who fishes for commercial purposes in the waters of Belize without a valid fisherman's licence, or otherwise than in accordance with such a licence, except as provided in section 12 (4), shall be guilty of an offence and liable to a fine not exceeding ...

(9} Any person who carries out any activity for which a licence is required under this Act without such a licence, or otherwise than in accordance with such a licence shall, unless such action constitutes a different offence under this Act be guilty of an 17 offence and liable to a fine not exceeding ...

(10) Any person who undertakes fisheries related research in the waters of Belize without a valid research permit, or otherwise than in accordance with such a permit shall be guilty of an offence and liable to a fine not exceeding ...

(11) Any person who exports or purchases with a view to export fish without a valid fish exporter's licence, or otherwise than in accordance with such a licence, except as provided in section 14 (3), shall be guilty of an offence and liable to a fine not exceeding ...

(12) Any person who sells fish from a duty-free shop without a licence issued under section 15, or otherwise than in accordance with such a licence shall be guilty of an offence and liable to a fine not exceeding ••.

( 13) Any person who takes or damages any coral except as provided in section ... shall be guilty of an offence and liable to a fine - 44 - not exceeding .•.

(14) Any person who uses any poison, explosive, electric device or other noxious substance with the intent to fish shall be guilty of an offence and liable to a fine not exceeding ...

(15) Any person who destroys or abandons any fish, fishing gear, substance referred to under the preceding sub-section, , or any other thing with the intent to avoid their seizure or the detection of an offence against this Act shall be guilty of an offence and liable to a fine not exceeding ...

(16) Any person who in a marine reserve, unless authorised under this Act

(a) fishes;

(b) damages, destroys or removes any species of flora or fauna;

(c) engages in any scientific research;

(d) engages in mining or oil drilling18 shall be guilty of an offence and liable to a fine not exceeding

(17) Any person who harasses, obstructs or assaults a fisheries officer while discharging his duties under this Act shall be guilty of an offence and liable to a fine not exceeding ... , or to imprisonment for a period not exceeding ... , or to both such fine and imprisonment.

(18) Any person who engages in aquaculture without a licence issued under section 24 shall be guilty of an offence and liable to a fine not exceeding ...

(19) Any holder of a licence issued under section 24 who acts in violation of any conditions of the licence shall be guilty of an offence and liable to a fine not exceeding ...

(20) Any person who without lawful excuse causes the release of an aquaculture product from an aquaculture facility shall be guilty of an offence and liable to a fine not exceeding ...

(21) Any person required to supply reports or information under this Act who fails to supply such information or supplies false or misleading information shall be guilty of an offence and liable to a fine not exceeding

30. Possession of fish

( 1) Where any fish to which the Act applies is found in the custody of any person or on any premises in the occupation or control of any person, such person shall, unless he proves that the same was brought on the premises without his knowledge, be - 45 - presumed to be in possession of the said fish.

(2) Where any fish to which the Act applies is found on any premises occupied by more than one person, such fish shall be deemed to be in the joint possession of all such persons.

31. Powers of officers

(1) Any fisheries officer may for the purpose of enforcing this Act

(a) without any warrant

(i) .sto~o/ board and search any vessel in the waters of Belize;

(ii) require to be produced, examine and make copies of any licence and other permits which are required under this Act;

(iii) require to be produced and examine any net or other fishing gear and any fish;

(iv) arrest any person found committing or attempting to commit or abetting the commission of an offence against this Act;

(v) where he has reason to believe that an offence has been committed or has been attempted to be committed against this Act, seize and detain any fish, fishing vessel, fishing gear or other article which he has reason to believe has been taken or used in the course of the commission of the offence 032 in respect of which the offence has been committed; 0

(vi) where he has reason to believe that an offence has been committed or has been attempted to be committed under, this Act, enter and search during normal working hours any business premises where fish is processed or sold and any place in which aquaculture is being undertaken;

(b) with a warrant duly issued in accordance with the laws of Belize, enter and search any premises in which there is reason to believe there is anything liable to seizure under this Act.

( 2) The master of any fishing vessel ordered to stop by a fisheries officer shall stop the vessel and take all necessary measures to facilitate its boarding or to take the vessel to a convenient port as directed by the fisheries officer.

32. Custody of seized articles

(1) The court may order any fish or other perishable articles - 46 -

seized under this Act to be sold.

( 2) The court may order the release of any vessel or other article seized under this Act on receipt of a reasonable bond or other security for its value.

(3) The proceeds of any sale under sub-section (1) and any bond or other security received under sub-section (2) shall be held and dealt with in accordance with this Act as though they were the article which has been sold or released.

( 4) Where proceedings are instituted in respect of a seized article, the court may retain it pending the outcome of such proceedings and, where proceedings are instituted in any other court, may deliver it into the custody of that court which shall deal with it in accordance with this section.

33. Forfeiture

(1) On convicting any person of an offence against this Act, the court, in addition to any other penalty imposed,

(a) may order any fishing gear used in the commission of the offence, and any article in respect of which the offence has been committed, and in the case of an offence under section 29 (1) any vessel (together with its gear, store and cargo) used in the commission of the offence, to be forfeited;

(b) shall order all fish taken in the commission of the offence to be forfeited.

(2) Where an article in the custody of the court is not ordered to be forfeited, it shall be held until all fines imposed for any offence in the commission of which the article was used, or which was committed in respect of the article, have been paid. If within thirty days following a judgment of guilt, any part of such fines remains unpaid, such article may be sold, and the proceeds applied towards payment of the fines.

34. Presumption of illegal taking of fish

All fish found on board any vessel which has been used in the commission of an offence against this Act shall be presumed, unless the contrary is proved, to have been taken in the commission of the offence.

35. Cancellation of licence

On convicting any person of an offence against this Act, the court may, in addition to any other penalty imposed, cancel any licence or permit in relation to which the offence has been committed and establish that such licence or p,ermit shall not be newly issued for a specified period of time. 1 36. Guilty plea by post - 47 -

In the case of offences for which the maximum penalty envisaged does not exceed ... , the defendant may in lieu of appearing before a Court plead guilty by post as provided for in secti9p 40 (1) of the Summary Jurisdiction (Procedure) Act, cap. 100.

37. Hot pursuit

Where, following the commission in the waters of Belize of an offence against this Act with the use of a vessel, the vessel is pursued beyond the limits of the waters of Belize, the powers conferred on fisheries officers under this Act shall be exercisable in respect of such vessel beyond the limits of such waters in the circumstances and to the extent recognized by international law.

PART VII - INTERNATIONAL COOPERATION

38. Cooperation in collection of information

The Minister may enter into arrangements or agreements with other states, and in particular with those of the same region, either directly or through international organizations, providing for the exchange of fisheries information and for the harmonization of systems for its collection.

39. Cooperation in management

The Fisheries Administrator shall, where practical, consult with the fisheries management authorities of other States in the same region, and in particular with those sharing the same or related stocks, with a view to ensuring the harmonization of their respective fisheries management and development measures.

40. Cooperation in surveillance and enforcement

The Minister may enter into arrangements or agreements with other States, and in particular with those of the same region, either directly or through international organizations, providing for joint or harmonized surveillance and enforcement measures in respect of foreign fishing vessels.

PART VIII - GENERAL PROVISIONS

41. Regulatory powers of the Minister

The Minister may make regulations for the carrying into effect of the purposes and provisions of this Act, including regulations

(a) prescribing measures for the proper management of fisheries including closed seasons and closed areas, specification of gear that may be used, including the mesh size and form of nets, prohibited fishing methods and gear, the species, size and other characteristics of fish that it is permitted or prohibited to fish and schemes for the limitation of entry into all or any specified fisheries; - 48 -

(b) prohibiting the sale, purchase or possession of fish of specified kinds or sizes, or during specified seasons;

(c) regulating and controlling the dealing in, transportation, importation and exportation of fish;

(d) regulating and controlling standards for the processing of fish;

(e) for the issue of licences and conditions of issue of such licences, forms to be used in respect thereof and fees to be paid;

(f) requiring and regulating the registration of fishing vessels and of fishermen;

(g) requiring the holder of any licence to post a bond or give other guarantee of his obligations under a licence;

(h) providing for compensation payable to Belize citizens or to the Government in the event of any loss or damage caused by a foreign fishing vessel to other vessels or their gear or catch, or to cables, or to other Belize interests;

(j) prescribing the manner in which fishing gear is to be stowed and requiring any fishing vessel to stow its gear in the prescribed manner during any time that it is in an area of the waters of Belize where it is not authorised to fish;

(k) regulating the use of fish aggregating devices;

(1) generally for all matters connected with the control and regulation of marine reserves;

(m) controlling activities which may result in disturbances to fish habitat;

(n) establishing specific requirements for reporting data on fishing and related activities;

(o) requiring that the applicant for any licence under this Act has complied with all safety requirements established under the laws of Belize before such a licence can be issued.

(2) Except as provided under sub-section (3), any regulations made under this section may provide that their violation shall constitute an off'ence and may prescribe a fine not exceeding ... , or imprisonment not exceediBg ... , or both such fine and imprisonment for any offence.

(3) Any regulations prohibiting the taking or the possession of fish of a specified size or during a specified season may provide that, in addition to any other penalty, a fine not exceeding ... be imposed in respect of any fish taken or possessed in violation - 49 - . 24 o f sueh regu 1 a t ions.

(4) Any regulations made under this section shall be subject to negative resolution.

42. Evidence of identity of fish

If in any proceeding for an offence under this Act any question arises as to the identity or species of any fish, the production of a certificate signed by the Fisheries Administrator shall be receivable at the proceeding as prima facie evidence of any statement therein contained.

43. Repeals and amendments

The Fisheries Act, cap. 174, is repealed. 25 - 50 -

NOTES TO THE PROPOSED FISHERIES ACT

(Numbers refer to note numbers in the text]

1. With the present formulation, any vessel used for fishing, including pleasure craft, would require a licence (whether a 11 foreign fishing vessel licence" or a "local fishing vessel licence"). Regulations could envisage different kinds of vessel licences specifically for pleasure craft.

2. Normally, a country will allow a more favourable treatment (e.g., lower licence fees etc.) to local fishing vessels than to foreign ones. similarly, a country may want to allow a favourable treatment to vessels which, although not fully "local", involve a certain degree of local ownership or other local participation (e.g., the partly foreign vessel employs local labour, lands its catch in the country's ports and has it processed there; the degree of foreign ownership is minimal, etc.).

With the proposed formulation, vessels which are only partly owned by Belizeans or Belizean companies would be considered as fully "foreign". However, the consequences of the identification of a vessel as "foreign" as opposed to "local" are not rigidly determined in this proposed draft. The basic difference in treatment between "local" and "foreign" vessels is the need for foreign vessels to obtain a licence to be issued by the Minister (as envisaged in section 7), or to come under a fisheries agreement between the Government of Belize and another country (as envisaged in section 8). Any further specific requirements will be negotiated in the licence or fisheries agreement on a case by case basis. It would therefore still be possible to grant vessels which have a substantive local participation (although formally "foreign") a more favourable treatment.

Similarly, a more favourable treatment, similar to that reserved to local boats, might also be applied to foreign boats chartered by locals, exclusively if the actual degree of local involvement justifies such a treatment.

3. Section 5 of the Maritime Areas Act, 1992, defines the internal waters as comprising "any areas of water that are on the landward side of the baseline of the territorial sea". This would cover inland waters such as lagoons, rivers and other watercourses and lakes.

4. The Maritime Areas Act, 1992, defines the territorial sea in sec. 3 as comprising "those areas of the sea having as their inner limits the baseline of the territorial sea and as their outer limits a line measured seaward from that baseline, every point of which is 12 nautical miles from the nearest point of that baseline." The outer limit is reduced to 3 miles from the baseline between the mouth of sarstoon River to Ranguana caye Sec. 3 ( 2) ) . - 51 -

5. The Maritime Areas Act, 1992, defines the exclusive economic zone in section 6 as comprising "those areas of the sea having, as their outer limits, a line, measured seaward from the baseline of the territorial sea, every point of which is 200 nautical miles distant from the nearest point of that baseline." Section 7 specifies that wherever the equidistance line between Belize and an adjacent State is less than 200 nautical miles, the delimitation is to be effected on the basis of international law in order to achieve an equitable settlement, and pending the delimitation the equidistance line constitutes the outer limit.

6. At present, the Fisheries Act provides the possibility for the Minister to appoint a member of a Management Committee of a fishing cooperative to be a fisheries officer. Because of the possible conflict of interests between fisheries law enforcement purposes and fishermen's and cooperatives' activities, such .a provision is inappropriate.

Given that the cooperatives in Belize are highly representative of the fishermen's population, they could rather be profitably called upon to carry out functions such as training and extension of fishermen~ While such functions might in fact be similar to those of fisheries officers, they would not have to extend to the enforcement of legislation.

7. The composition of the Fisheries Advisory Board has recently been decided in detail in Belize. It is however advisable to maintain a fairly flexible formulation in the law, while the composition as presently decided could be specified in the Regulations. The reference to the "public interest" should be interpreted to include specifically the interest of fishermen - whether or not represented in fisheries cooperatives - as well as the interest of the general public.

8. The institutionalization of fisheries management through a legislative obligation to prepare fisheries management plans ~is a central concept of the proposed legislation. In cases, for example, of overexploitation of a resource, the contents of a plan, illustrating the reasons for particular remedial actions proposed, would constitute a legal basis for the enactment of such actions.

In the future, if, as it is to be hoped, other countries in the region legislate in a similar manner and adopt fisheries management plans, ways should be found for a coordinated approach to adoption of plans relating to the same fisheries.

9. Depending on the number of foreign fishing vessel licences which will be issued in the future, it may be unrealistic to require consultation with the Fisheries Advisory Board in every single case. It may therefore be necessary to revise this provision on the basis of this consideration.

Because the Fisheries Advisory Board must in any case be consulted during the preparation of the fisheries management plans, in which fishing allocated to foreign vessels must be - 52 - specified, it may be sufficient to further consult the Board only when a fisheries agreement is to be entered into.

10. It is suggested that the standard FAO' s vessel marking specifications be adopted, not only because it provides an effective system, but because it achieves uniformity with other countries.

11. The licensing of fishermen does not differ in substance from a registration, since a licence is issued to anybody who is a citizen or is authorised to reside and work in Belize, without restrictions, mostly for record purposes.

12. As in the existing Fisheries Act, the proposed provisions require:

(a) a "fish exporter's licence" generally to export fish;

(b) a "licence to sell fish from a duty-free shop", to sell from such a shop; and it exempts the export of up to 20 lb. of fish (whether or not bought from duty-free shops) from the obligation to hold a fish exporter's licence.

Substantially the same provisions are included in the existing Fisheries Act (1989 amendment for the licence to sell fish from a duty-free shop) . Because duty-free shops which sell fish are rare, it may however be more advisable to insert such specific provisions in regulations.

13. Under this exemption the taking of small quantities of black coral, for example to make jewellery, may be authorised. The permit might limit the quantity of coral which may be offered for sale as well.

14. In a number of countries, the possibility is given to the head of the fisheries administration to suspend or cancel licences or permits as a, sanction upon violation of licence conditions or of the law. The legislation of Belize does not at present envisage such a possibility, which is therefore not included in the proposed draft. This draft does however envisage the possibility to suspend or cancel aquaculture licences (see Part Von aquaculture).

On the contrary, if it were considered appropriate to envisage a general power to suspend and cancel licences, a provision along the following lines could be inserted at this point:

The Fisheries Administrator may suspend or cancel any licence or permit issued under this Act, where the vessel in respect of which the licence or permit was issued has been used, or any activity has been conducted, in contravention of this Act. - 53 -

The following provision on appeals should then be modified accordingly, to allow the possibility to propose appeals in the case of suspension and cancellation of all licences. Under such a provision, any licence or permit issued under the Act (e.g. fishing, research, export etc.) could be suspended or cancelled.

Another possibility would be to envisage the power for the administration to suspend or cancel fish processing establishment licences, as well as aquaculture licences, which are for some aspects similar.

15. It could be further specified (in the Act or in regulations) that a "suspension" should be accompanied by the request to the licensee to take certain measures to prevent or remedy the outbreak of disease or the violation, and that failure to do so would result in cancellation of the licence.

16. The existing Fisheries Act envisages imprisonment as an alternative or additional penalty to fines for most offences. However, under the United Nations Convention on the Law of the Sea, which has been ratified by Belize and constitutes the current international law on the point, imprisonment cannot be envisaged as a penalty for foreigners fishing illegally in a country's exclusive economic zone.

Consequently, imprisonment could only be envisaged for foreigners fishing in the territorial sea and internal or inland waters, and for locals in any case. A disparity of treatment in favour of foreigners seems however unjustified. Because of this consideration, the proposed draft does not envisage imprisonment as a penalty in any case, with the only exception of the assault of fisheries officers (which can also be applied to foreigners, given that the offence is not strictly a "fisheries" one).

Alternatively, if imprisonment is considered indispensable for some offences, the law could specifically provide in a different way for offences committed by (1) foreigners in the exclusive economic zone (where imprisonment cannot be imposed as a penalty), (2) foreigners in the territorial sea and internal or inland waters (for which case imprisonment is possible), and (J)locals.

17. This provision makes it an offence to carry out any activity for which a licence is required without that licence, thus covering any activities for which licences may be required by future regulations also (e.g., recreational fishing, sport fishing etc.). The provision would apply in any case in which the carrying out of the activity without a licence is not specifically envisaged as another offence.

18. Under the Petroleum Act, 1991 (Act No. 8 of 1991), the Minister responsible for fisheries is not necessarily consulted when a contractor is given the right to conduct petroleum operations in marine areas. This provision would exclude the possibility of conducting any such operations in marine reserves. - 54 -

19. Under the existing Fisheries Act, no routine powers of inspection are envisaged, and a reasonable suspicion that an offence has been committed before a vessel can be searched is required.

20. With this formulation, the whole catch could be seized even if only some of the fish which is part of the same catch has been taken illegally. Fisheries officers, however, are not obliged to seize illegal catches in any case (only, they may do so). As a matter of practice, they should obviously avoid seizing the whole catch if only a very small part of it is illegally caught.

21. The suspension or cancellation of a licence by the Administration is possible only with respect to aquaculture licences and fish processing establishment licences.

22. The possibility of pleading guilty by post in order to avoid the formal procedure of a trial and subsequently simply pay the fine was expressly requested as a means to facilitate the prosecution of minor cases and avoid overloading of the courts.

23. This provision is necessary if penalties envisaged in regulations are to be higher than BZ$ 500, which is the maximum presently allowed under the Interpretation Act.

24. This provision is necessary to allow the possibility of imposing fines of up to a certain amount ($BZ 30 under the current regulations) for each fish caught illegally, so that the maximum fine generally allowed under the preceding subsection can be exceeded in these cases. However, if forfeiture of fish caught illegally is compulsory, as suggested in this draft Bill, such fines would not be essential.

25. It is recommended that fisheries officers are expressly appointed to enforce legislation relating to mangroves and to marine and freshwater wildlife species, al though provisions relating to these matters are included under the Forest Act and the Wildlife Protection Act. The latter Acts should therefore include appropriate provisions to this end. Alternatively (but less appropriately) , the new Fisheries Act could include an amendment of that legislation, along the following lines:

"The Forests (Protection of Mangroves) Regulations, 1989, are amended by adding immediately after regulation 10 the following as Regulation 11:

"11. Fisheries officers appointed in accordance with the Fisheries Act are hereby appointed to be Forestry officers exclusively for the purposes of carrying into effect the provisions of these Regulations." and by renumbering Regulation 11 as Regulation 12." - 55 -

APPENDIX 2 - PROPOSED FISHERIES REGULATIONS

[See notes at the end]

FISHERIES REGULATIONS

PART I - PRELIMINARY

1. (1) These Regulations may be cited as the Fisheries Regulations, 199 •..

(2) The Fisheries Regulations, 1977 and the amendments thereto are hereby revoked.

(3) These Regulations shall come into force on ...

2. In these Regulations-

"cape length" means carapace measurement of crawfish determined by beginning at the most anterior edge of the groove between the horns directly above the eyes, then proceeding along the mid­ dorsal-line to the rear edge of the carapace;

''conch" means any mollusc of the species Strombus gigas:

"crawf ish" means fish of the genus Panulirus which is commonly known as crayfish, rock lobster or spiny lobster;

"dressed fish" means fish from which the entrails and scales have been removed, and the head, fins and tail may or may not be removed;

"fish processing establishment licence" is a licence issued under Regulation 72;

"lobster trap" means any device that is designed for use, or is capable of being used for,or in connection with the taking of crawfish;

"mesh size" means the measurement from knot to knot across the diagonal of the tightly stretched wet mesh, by means of any instrument which may have been approved for this purpose by the Fisheries Administrator;

"pleasure craft" means a vessel operated or hired for the primary purpose of sport or recreation;

"pleasure craft fishing licence" means a licence issued under Reg. 50;

"recreational fishing" :means fishing for recreational purposes, without the intention of selling the fish caught, exclusively by hand held gear, in the areas of the waters of Belize specified in Schedule IV to these Regulations; - 56 -

"recreational fishing licence" means a licence issued under Regulation 50;

"seine" means any net used for fishing by drawing through the water or along its bottom, whether drawn on the beach or otherwise;

"shrimp" means fish of the genus Penaeus but does not include the fresh water fish of the genus Macrobrachium;

"sport fishing" means fishing for recreational purposes, without the intention of selling the fish caught, in any areas of the waters of Belize and with respect to the species of fish specified in Schedule V to these Regulations;

"sport fishing licence" means a licence issued under Regulation 50;

"turtle" means a marine or fresh water as distinguished from a terrestrial species of tortoise;

"to sell" includes an exchange or offer or attempt or agreement to sell or exchange for money or other valuable consideration, and any exposition of the goods in association with a mark indicating a price shall be deemed to be an offer to sell;

"unwholesome fish" means fish that has in or upon it bacteria injurious to human health or substances toxic or aesthetically offensive to humans.

3. A reference in these Regulations to any fish shall, where the context permits, include a reference to any part of such fish.

PART II - FISHERY CONSERVATION MEASURES GENERAL

4. No person shall, with the intent to fish, set, haul or otherwise use any seine, trap, weir or stop net within a distance of half a mile from any city, township, village, settlement or other inhabited locality in Belize.

5. No person shall, in the waters of Belize outside the barrier reef and within a radius of two miles of the mouth of the Belize River, Haulover Creek and Sibun River, fish by means of any seine, trap, weir or stop net.

6. No person shall, with the intent to fish, use any trap, wire or net, in any area within a distance of 100 yards of the barrier reef in the waters of Belize. ·

7. No person shall, with the intent to fish, use any trap, wire or net, other than lobster traps, in the vicinity of Buttonwood Caye, Caye Glory, Maugre Caye or any other area in which the trapping of fish may be prohibited. - 57 - 8. No person shall, with the intent to fish, close off a channel, passage, entrance, or small embayment of the waters of Belize with any device in such manner as to restrict the free passage of vessels or to wholly prevent the passage of fish.

9. No person shall fish in the waters of Belize using SCUBA equipment.

10. (1) Subject to the following sub-regulation, no person shall fish in the waters of Belize with a net constructed of a natural or artificial fibre the mesh size of which is less than three inches.

{2} The prohibition in sub-regulation (1) does not apply to-

(a) throw or cast nets;

(b) seine nets the mesh size of which is at least one and a half inches.

(c) any devices constructed of materials other than natural or artificial fibre for the purpose of releasing fish which may have been approved by the Fisheries Administrator by notice in the Gazette.

11. No person shall in the waters of Belize fish for such a variety of fish or in such quantities as would result in wanton waste.

CRAWFISH AND CRAB

12. No person shall fish for in the waters of Belize or buy, sell or have in his possession crawfish-

(a) if the cape length is less than three inches or the tail weight is less than four ounces;

(b) from 15 March to 14 July, inclusive, in any year;

(c) that is berried, has eggs or spawn;

(d) that has had the berries, eggs or spawn removed;

13. No person shall detach or otherwise remove from any female crawfish any eggs or spawn or the setae or fibre to which any eggs or spawn are or have been attached.

14. No person shall in the waters of Belize fish for any crawfish or crab that is moulting or has a soft shell.

SHRIMP

15. No person shall in the waters of Belize fish for any shrimp from 15 April to 14 August, inclusive, in any year. - 58 -

CONCH

16. No person shall fish for in the waters of Belize or buy, sell or have in his possession any conch

(a) from 1 July to 30 September, inclusive, in any year;

(b) if its overall shell length is less than seven inches.

17. No person shall have in his possession any conch if

(a) its weight is less than three ounces, where the conch has been removed from the shell and the operculum and gonads have been completely removed and the mantle partially removed;

(b) its weight is less than ... , where the conch has been removed from the shell and operculum, gonads and mantle have been completely removed.

TURTLES

18. No person shall fish for in the waters of Belize or buy, sell or have in his possession any turtle, other than turtles referred to under Regulation 26, from 1 April to 31 October inclusive, in any year.

19. No person shall fish for in the waters of Belize or buy, sell or have in his possession any turtle of the species Eretmochelys imbricata, commonly known as hawksbill turtle.

20. No person shall take any turtle found on land.

21. No person shall disturb, take, buy, sell or have in his possession any turtle eggs.

22. No person shall interfere with any turtle nest.

23. No person shall, with the intent to fish for turtles, set within 100 yards of the shores of Belize or of the cayes thereof any net or seine, or other instrument whatsoever.

24. No person shall fish for in the waters of Belize or buy, sell or have in his possession any turtle of the following description-

(a) Chelonia midas, commonly known as green turtle, greater than 60 cm (24 inches) curved carapace length;

(b) Caretta caretta, commonly known as loggerhead turtle, greater than 60 cm (24 inches) curved carapace length.

25. No person shall, in relation to turtles of the species Dermatemys mawii, commonly known as hickatee turtle: - 59 -

(a) have in his possession more than three such turtles at any one time;

(b) transport on any vehicle more than five such turtles, regardless of the number of occupants of such vehicle;

(c) fish for such turtles from 1 May to 31 May inclusive in any year;

(d) fish for females of such turtles smaller than 39 cm ( ... inches) and greater than 43 cm( ... inches);

(e) fish for such turtles in any of the areas specified in Schedule IV to these Regulations;

(f) buy or sell such turtles;

26. No person shall import, bring into Belize in transit or export any turtle.

27. Any person who on the date of entry into force of these Regulations has in his possession any articles made of turtle shell

(a) may retain such articles for personal use;

(b) shall not sell such articles later than ...

BONEFISH

28. (1) No person shall buy or sell any fish of the species Albula vulpes, commonly known as macabi or bonefish.

(2) No person shall have in his possession more than six fish of the species referred to in the preceding sub-regulation.

CATFISH

29. No person shall export any fish of the species ... commonly known as catfish or scavengers, without a permit issued by the Fisheries Administrator, subject to such conditions as he may require.

IMPORT, SALE AND EXPORT OF AQUARIUM FISH

30. No person shall import, sell or export any aquarium fish without a permit issued by the Fisheries Administrator, subject to such conditions as he may require. - 60 -

PART III - LICENSING

GENERAL

31. Any person who becomes the owner of a vessel licensed under this Act shall, within seven days after becoming the owner, apply to the Fisheries Administrator for the transfer of the licence.

32. Where a vessel licensed under the Act ceases to be used for the purpose for which the licence has been issued the operator or the master of the vessel shall so inform the Fisheries Administrator and return the licence for cancellation.

FOREIGN FISHING VESSELS

33. An application for a foreign fishing vessel licence shall be in the form set out from time to time by notice published in the Gazette.

34. A foreign fishing vessel licence shall be in the form set out from time to time by notice published in the Gazette.

35. The fee payable for the issue of a licence in respect of a foreign fishing vessel is the amount set out for vessels of that kind in Table A of Schedule I to these Regulations, unless the amount of the fee is expressly set out in the licence or, where the vessel is licensed to fish in accordance with a fisheries agreement, the fee is expressly set out in the fisheries agreement.

36. (1) Every foreign fishing vessel licence shall be subject to the following general conditions:

(a) no fishing or related activities shall be undertaken in the waters of Belize except as authorised by the licence;

(b) any change in the information set out in the application form shall be notified to the Fisheries Administrator as soon as practicable and in any case not later than seven days from the date of the change;

(c) the master and each member of the crew of the vessel shall while in the waters of Belize comply with any directions given to him by any fisheries officer and in particular shall, on request by the officer:

(i) stop the vessel;

(ii) permit any fisheries officer to board the vessel and cooperate with him in any inspection;

(iii) permit any fisheries officer access to all licensing, registration and data regarding the operation of the vessel; - 61 -

(iv) bring the vessel into port or order it to another point at sea.

(d) the master of the vessel shall, while in the waters of Belize, take all reasonable measures and precautions to avoid causing any damage, including damage to the barrier reef and to any local fishing operations;

(2) Every foreign fishing vessel licence issued in respect of a foreign fishing vessel with an overall length of 60 feet or more shall be subject to the following general conditions in addition to the general conditions prescribed in the preceding sub­ regulation:

(a) the vessel shall at all times while in the waters of Belize:

(i) fly the flag of its flag State;

(ii) display clearly the name of the vessel in English in large letters on the bows and stern of the vessel;

(iii) display identification marldngs in accordance with the specifications set out in Schedule II to these Regulations.

(b) The master of the vessel shall cause a logbook to be maintained on a daily basis in such form as the Fisheries Administrator may from time to time require for the purpose of recording the fishing operations of the vessel while within the waters of Belize;

(c) The logbook maintained under paragraph {b) shall be transmitted in its original and unaltered form to the Fisheries Administrator:

(i) not later than 30 days after the completion of the voyage to which the logbook relates, and in any case prior to departure from the waters of Belize;

(ii) at any other time at the request of a fisheries officer.

(d) The master of the vessel shall cause reports in the form specified by the Fisheries Administrator to be made to the Fisheries Administrator containing the information set out in paragraph (e) at the following times:

(i) immediately upon entry into the waters of Belize;

(ii) every . . . or such other day as the Fisheries Administrator may specify while the vessel is in the waters of Belize;

(iii) immediately prior to departure from the waters of Belize; - 62 -

(iv) such other times as the Fisheries Administrator may require.

(e) Each report made under paragraph (d) shall contain details 0£::

(i) the international radio call sign or the number assigned to the vessel under any national or regional register;

(ii) the position of the vessel at the time of reporting;

(iii) the total catch by species on board the vessel at the time of reporting;

(iv) the total catch by species and areas of fish while in the waters of Belize;

(v) such other matters relating to the fishing operations as the Fisheries Administrator may from time to time require.

(f) The master or operator of the vessel or his authorised local representative shall notify the Fisheries Administrator of the estimated time of entry of the vessel into any port in Belize at least 24 hours prior to such entry.

(g) The master of the vessel shall, while in the waters of Belize, allow any person designated in writing by the Fisheries Administrator to board and remain on board the vessel as an observer and shall:

(i) allow the observer full access to all equipment, including navigation and communication equipment, records and documents and to any fish on board the vessel;

(ii) allow the observer to make such tests, observations and records and to take and remove such samples as he may reasonably require in connection with the vessel's operations in the waters of Belize;

(iii) provide, without charge, food and accommodation equal to that provided to officers on board the vessel.

(h) The master of the vessel shall, while in the waters of Belize, allow any fisheries officer designated by the Fisheries Administrator to board and remain on board the vessel; the provisions of the preceding sub-regulation apply in relation to fisheries officers so designated.

(i) The master of the vessel shall proceed to such port or - 63 -

place as the Fisheries Administrator may require to allow an observer or a fisheries officer to board or disembark from the vessel, or for an inspection for the purposes of monitoring compliance with the Act or any applicable fisheries agreement entered into under section 8 of the Act.

(3) Every foreign fishing vessel licence issued in respect of a foreign fishing vessel with an overall length of 60 feet or more may be subject to the following general conditions in addition to the general conditions prescribed in the preceding sub­ regulations:

(i) all catch shall be landed and processed in Belize;

(ii) any supplies and services which may be necessary for the operation of the vessel shall be procured in Belize, except if unavailable locally.

(4) Every foreign fishing vessel licence issued in respect of a foreign fishing vessel with an overall length of less than 60 feet shall be subject to the following general conditions in addition to the general conditions prescribed in sub-regulation ( 1) :

(a) The vessel shall at all times while in the waters of Belize display identification markings in accordance with the specifications set out in Schedule II to these Regulations.

(b) The master of the vessel shall provide such information on the fishery operations carried out in the fishery waters, in such form and at such times as the Fisheries Administrator may require.

(5) Any records, logbooks or notifications required to be maintained or made under this Regulation shall be maintained or made in English or Spanish.

37. No licence shall be issued in respect of a foreign fishing vessel unless there is appointed in Belize a representative who is authorised to act on behalf of the master, owner, or charterer of that vessel and who is able to accept legal responsibility on behalf of the master, owner or charterer for any action, juridical or otherwise, taken in respect of that vessel.

LOCAL FISHING VESSEL LICENCE

38. An application for a local fishing vessel licence shall be in the form set out from time to time by notice published in the Gazette.

39. A local fishing vessel licence shall be in the form set out from time to time by notice published in the Gazette. - 64 -

40. The fee payable for the issue of a licence in respect of a local fishing vessel is the amount set out for vessels of that kind in Table B of Schedule I to these Regulations.

41. Every local fishing vessel licence shall be subject to the following general conditions:

(a) no fishing shall be undertaken in the waters of Belize except as authorised by the licence and in accordance with the Act; (b) any change in the information set out in the application form shall be notified to the Fisheries Administrator as soon as practicable and in any case not later than seven days from the date of the change;

(c) the vessel shall comply with

(i) the laws of Belize relating to safety of navigation; and

(ii) such safety standards as the Fisheries Administrator may from time to time require;

(d) the vessel shall display the identification markings assigned to it by the Fisheries Administrator in accordance with the specifications set out in Schedule II to these Regulations;

(e) the master of the vessel shall, if so required by the Fisheries Administrator, cause a logbook to be maintained on a daily basis in such form as the Fisheries Administrator may from time to time require for the purpose of recording the fishing operations of the vessel;

(f) any logbook maintained under paragraph (e) shall be transmitted in its original and unaltered form to the Fisheries Administrator at such time as he may require;

(g) the master and each member of the crew of the vessel shall comply with any directions given to them by a fisheries officer and in particular shall be subject to the provisions of section 36 (c).

FISHERMAN'S LICENCE

42. An application for a fisherman's licence shall be in the form set out from time to time by notice published in the Gazette.

43. A fisherman's licence shall be in the form set out from time to time by notice published in the Gazette. ~ 65 -

44. The fee payable for the issue of a fisherman's licence is the amount set out in Table C of Schedule I to these Regulations.

RECREATIONAL, SPORT FISHING AND PLEASURE CRAFT LICENCE

45. No person shall engage in recreational fishing in the waters of Belize without a valid recreational fishing licence issued in accordance with these Regulations, unless he is the holder of a fisherman's licence.

46. No person shall engage in sport fishing in the waters of Belize without a valid sport fishing licence issued in accordance with these Regulations.

47. No person shall operate pleasure craft for fishing without a valid pleasure craft fishing licence issued in accordance with these Regulations.

48. Applications for a recreational fishing licence, sport fishing licence and pleasure craft licence shall be in the forms respectively set out from time to time by notice published in the Gazette.

49. A recreational fishing licence, sport fishing licence and pleasure craft fishing licence shall be in the form set out from time to time by notice published in the Gazette.

50. Upon application in the prescribed form, the Fisheries Administrator may issue a recreational fishing licence, a sport fishing licence or a pleasure craft fishing licence where he is satisfied that the issue of any such licence is consistent with the relevant provisions of the applicable fisheries management plan, subject to such conditions as may be prescribed.

51. The Fisheries Administrator may authorise in writing the holder of any pleasure craft fishing licence or any other person to issue sport fishing licences, subject to such conditions as he may require.

52. The fees payable for the issue of a recreational fishing licence, a sport fishing licence and a pleasure craft fishing licence are the amounts set out respectively in Table D, E and F of Schedule I to these Regulations.

RESEARCH PERMIT

53. An application for a research permit shall be in the form set out from time to time by notice published in the Gazette.

54. A research permit shall be in the form set out from time to time by notice published in the Gazette. - 66 -

FISH EXPORTER'S LICENCE

55. An application for a fish exporter's licence shall be in the form set out from time to time by notice published in the Gazette.

56. A fish exporter's licence shall be in the form set out from time to time by notice published in the Gazette.

57. Any person engaged in the purchase of fish for export shall keep a record of purchases and of disposals of such fish in such manner as the Fisheries Administrator may require. Such records shall be made available at all reasonable times for inspection by any fisheries officer.

58. Every exporter of fish shall before the clearance outwards of the ship or aircraft or surface vehicle whereby such fish is to be exported is granted

(a) deliver to the Comptroller of Customs a duly completed entry in the form set out in Schedule III to these Regulations;

(b) produce the Bill of Lading relating to such fish; and

(c) pay any duties prescribed by law.

59. (1) The Minister may establish maximum quotas of crawfish or conch which may be exported by the holder of any fish exporter's licence.

(2) Where the Minister has established quotas in accordance with the preceding sub-regulation, no person shall export or attempt to export crawfish or conch in excess of any quota granted to him by the Minister. - 67 -

PART IV - PROCESSING

QUALITY ASSURANCE

60. No person shall dress, pack or export any fish that is decomposed or unwholesome or otherwise fails to meet the requirements of these Regulations.

61. Any fisheries officer may inspect fish processing establishments and may take samples of fish sufficient for the purposes of analysis free of charge.

62. Where, following inspection, fish is found to be decomposed or unwholesome, or otherwise does not comply with the requirements of these Regulations, such fish shall be condemned for disposal as directed by a fisheries officer, in such a way as to prevent the possibility of the fish being marketed or used for human consumption.

63. A certificate of inspection in the form set out in Schedule VII to these Regulations may on request, be issued by a fisheries officer where he is satisfied that the fish or fish product complies with the requirements of these Regulations.

64. For the purpose of preserving the identity of any fish, a fisheries officer may detain such fish and the container thereof and place upon the container a numbered tag in such form as the Fisheries Administrator may require.

65. No unauthorised person shall remove or alter or cause to be removed or altered any tag placed on a fish container by a fisheries officer or remove or cause or allow to be removed fish containers that are detained by him.

66. Where an owner of fish or fish containers or any person acting on his behalf is not satisfied with the decision of a fisheries officer under these Regulations he may appeal against the decision to the Minister who may order a reinspection.

67. Where a reinspection is held following an appeal under the preceding Regulation and a decision is made by the Minister, that decision shall be final.

68. Where a fisheries officer has reasonable grounds to believe that fish has deteriorated after the date on which it was inspected or that it otherwise fails to meet the requirements of these Regulations, any inspection marks and designations on the containers shall be removed or obliterated and any certificate of inspection that may have been issued for the fish shall be null and void.

FISH PROCESSING ESTABLISHMENTS

69. No person shall operate an establishment in which fish is dressed, packed, graded or held in storage without a valid fish - 68 - processing establishment licence issued in accordance with these Regulations.

70. An application for a fish processing establishment licence shall be made to the Minister in such form as may be prescribed.

71. The Minister may issue a fish processing establishment licence in the form set out in Schedule VIII to these Regulations in respect of an establishment in which fresh or frozen fish is dressed, packed or graded if he is satisfied that the establishment meets the requirements of these Regulations. Such licence shall be conspicuously displayed on the premises in respect of which it has been issued.

72. Fish processing establishment licences are not transferable and shall be valid for one year.

73. The Minister may suspend or cancel in whole or in part a fish processing establishment licence where-

(a) a violation of a condition or of conditions of such licence or of these Regulations has occurred or is likely to occur;

(b) any serious contamination is found in the establishment.

74. Every fish processing establishment shall be equipped and operated in accordance with the provisions of Schedule IX to these Regulations.

75. Every vessel or other conveyance and all boxes, tubes and other containers used to transport fish to or from any fish processing establishment shall be clean, and when necessary, disinfected.

76. The operator and master of a vessel or other conveyance used to transport fish to or from any fish processing establishment shall ensure that the vessel or other conveyance is used in accordance with applicable requirements of these Regulations.

LABELLING

77. (1) Every container of fish and every wrapper and label thereon shall be correctly and legibly marked in English in addition to any other language to indicate-

(a) the name of the £ish;

(b) the net weight, size and count of the fish·;

(c) the grade of the fish, in accordance with any instructions on grading which may have been issued by the Fisheries Administrator; - 69 -

(d) the name and address of the distributor and/or exporter;

(e) the ingredients in each container, where there is more than one ingredient therein, and where food additive or preservative chemicals are present, either-

(i) by listing them in descending order or their proportion in the container; or

(ii) by stating the proportion of each ingredient in the container.

(2) The labelling or marking referred to in paragraphs (a) to (d) of the preceding sub-regulation shall be shown on the main panel of every package containing one pound( ... g) or more of fish and shall be not less than one quarter of an inch ( ... cm) in height.

78. Containers or wrappers in which fresh frozen or dressed fish is packed shall be clean and of good presentation:

79. No person shall mark, label or package any fresh, frozen or dressed fish in a manner that is false, misleading or deceptive.

80. Containers or wrappers in which fresh, frozen or dressed fish is packed shall not be marked with the designation "Processed under Government Supervision" or "Government Inspected" or words to that effect without the authority of the Minister.

81. Quality designations shall not be marked on any fish container, wrapper or label unless such designations have been approved by the Minister.

82. All master containers for packed fish shall be legibly marked and indicate the name of the processing plant and the day, month and year of packing.

83. Notwithstanding anything in these Regulations, no person shall export or attempt to export-

(a) crawfish unless such crawfish complies with the requirements of Table A of Schedule X to these Regulations;

(b) dressed fish unless such fish complies with the requirements of Table B of Schedule X to these Regulations;

(c) fillet unless such fillet complies with the requirements of Table C of Schedule X to these Regulations;

(d) conch which has been removed from the shell and from which the operculum, gonads and mantle have been completely or partially removed, unless such conch complies with the requirements of Table D of Schedule X to these Regulations; - 70 -

(e} whole or headless frozen shrimp unless such whole or headless frozen shrimp complies with the requirements of Table E of Schedule X to these Regulations.

PART V - OFFENCES

84. Any person who violates any of the provisions in Part II of these Regulations shall be guilty of an offence and liable to a fine not exceeding ...

85. Any person who violates any of the provisions in Part II of these Regulations which prohibit the taking or the possession of fish of a specified size or during a specified season shall, in addition to any other penalty, be subject to a fine of ... in respect of any fish taken or possessed in violation of such Regulations.

86. Any person who violates any of the provisions in Part IV of these Regulations shall be guilty of an offence and liable to a fine not exceeding ... - 71 -

SCHEDULE I TABLE A - Fees for foreign fishing vessel licences TABLE B - Fees for local fishing vessel licences TABLE c - Fees for fisherman's licences TABLE D - Fees for recreational fishing licences for citizens - Fees for recreational fishing licence for foreigners TABLE E - Fees for sport fishing licences for citizens - Fees for sport fishing licences for foreigners TABLE F - Fees for pleasure craft fishing licences

SCHEDULE II

Vessel marking specifications

SCHEDULE III

Export information form (to be delivered to the Comptroller of Customs)

SCHEDULE IV

Areas where the taking of hickatee turtles is prohibited

SCHEDULE V

Areas where recreational fishing may be exercised

SCHEDULE VI

Species with respect to which sport fishing licences may be issued

SCHEDULE VII

Certificate of inspection form

SCHEDULE VIII

Fish processing establishment licence form - 72 ~

SCHEDULE II

SPECIFICATIONS FOR MARKING OF FISHING VESSELS

1. Content of Identification Marks

(a) Any vessel that has been assigned an International Telecommunication Union radio call sign shall display that radio call sign as its identification mark.

(b) Any vessel that has not been assigned an International Telecommunication Union to the flag state of the vessel followed by a hyphen and the licence or registration number assigned to that vessel by its flag state.

(c) Any vessel that has not been assigned an International Telecommunication Union radio call sign but is normally carried on board another vessel for use in fishing operations shall display the identification mark assigned to that other vessel.

2. Location of Marking

(a) Identification marks shall be prominently displayed:

(i) on the vessel's port or starboard side or superstructure high above the waterline but not in the flare of the bow or on the stern in such a way as to be clearly visible both from the sea and the air; and

(ii) for vessels other than local fishing vessels or undecked vessels on a horizontal surface of the vessel athwartships with the top of the letters and numbers towards the bow of the vessel; where an awning or other temporary cover is placed so as to obscure the marking, the awning or other cover shall bear the same identification mark.

(b) Identification marks shall be so placed that they:

(i) are not obscured at any time by fishing gear whether stowed or in use;

(ii) are clear of flows from scuppers or overboard discharges and of areas that might be prone to damage or discolouration occurring during or as a result of fishing operations; and

(iii) do not extend below the waterline. - 73 -

3. Technical specifications

(a) Block lettering and numbering shall be used throughout.

(b) The width of the letters and numbers shall be in proportion to the height as set out below.

(c) The height of the letters and numbers shall be in proportion to the size of the vessel in accordance with the following criteria:

(i) for identification marks on the side or superstructure of the vessel

Length overall of vessel Minimum height of letters in metres (m) and numbers in metres 2Sm and over 1.0m At least 20m but less than 2Sm 0.8m At least lSm but less than 20m 0.6m At least 12m but less than lSm 0.4m At least Sm but less than 12m 0.3m Under Sm 0.lm

(ii) For identification marks to be displayed on horizontal surfaces on vessels of S metres length overall and over the height of the letters and numbers shall be not less than 0. 3 metres.

(d) The length of the hyphen shall be half of the height of the letters and numbers.

(e) The width of the stroke for all letters, numbers and the hyphen shall be one sixth of the height of the letters and numbers.

(f) The space between letters and/or numbers except in the case referred to in paragraph (g) shall not exceed one quarter of the height of the letters and numbers not less than one sixth of that height.

(g) The space between adjacent letters having sloping sides shall not exceed one eight of the height of the letters nor be less than one tenth of that height.

(h) Identification marks shall be white on a black background or black on a white background; the background shall extend to provide a border around the letters and numbers of not less than oen sixth of the height of the letters and numbers.

(i) Good quality marine paint shall be used in the marking of vessels in accordance with the forgoing specifications; retroreflective or heat generating substances may also be used.

G) The identification marks and the background shall be maintained in a good condition at all times. - 74 - Alphabet and Numbers

I· - 75 - - 76 -

! I

j l

-+·

J if :::1 _~J _11 i - -· - -- - : f-+--+--J.--+-J - 77 - - 78 - - 79 - - 80 - - 81 -

I I

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i i - 82 - - 83 - - 84 - - 85 - - 86 -

I i I - 87 -

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I i---,--r-'---1----..__;. .'--+---l---l-~' --+-+---: I ' I

I ·I ' i ' i. I . ; t--+--+--+-1--+--i-J_· ! I

-;--+-1-J-

-+I ·-- _J - I I

J_-+--+--1- 1 -l-;---1--l­ I -~--'- i I - 88 -

' I

I I - 89 -

I i I ' ! I I ! i I I

I I I I

I I

i I +~ I - 90 - - 91 -

: I - 92 -

SCHEDULE IX

Fish processing establishment standards

1. The surface of floors in wet working areas where fish is held shall be constructed of concrete or asphalt or other sealing material approved by the Fisheries Administrator and shall be sloped for drainage purposes.

2. Drains shall be of an adequate size and of sufficient capacity to carry all liquid and solid wastes.

3. Inside surfaces of walls in wet working areas where fish is held shall be constructed of smooth, water washable and light coloured material, that can be thoroughly washed up to a minimum height of four feet.

4. Adequate ventilation shall be provided in working areas.

5. Rooms where fish is dressed or packaged shall have walls and ceilings that are free from cracks, crevices and open joints other than doors, windows and drains and constructed of smooth, water washable and light coloured material.

6. Windows in rooms where fish is held shall be screened.

7. Doors leading to rooms where fish is held shall be self­ closing.

8. An adequate supply of safe, sanitary water having a most probable number of coliform bacteria of two or less per hundred millilitres shall be provided.

9. Facilities shall be available, at a convenient location where protective hand coverings, caps and overalls used in dressing areas are disinfected.

10. Cutting, filleting and skinning boards shall be made of plastic or other material approved by the Fisheries Administrator and shall be kept clean at all times.

11. Surfaces, other than cutting, filleting and skinning boards, on which fish is dressed shall be made of plastic or other material approved by the Fisheries Administrator and all joints on such surfaces shall be smooth and water tight.

12. The frames and legs of all equipment on which fish is dressed or packed shall be constructed of metal which shall be well maintained.

13. All tables shall be so constructed that they and the areas beneath can be easily cleaned.

14. Boxes, carts, bins and other containers used for holding fish before it is dressed shall provide drainage and shall be made of plastic or other material approved by the Fisheries - 93 - Administrator.

15. Containers, trays, tanks, vats or other utensils used for dressing fresh and frozen fish shall be made of plastic or other material approved by the Fisheries Administrator and shall have smooth surfaces free from cracks or crevices. 1

16. Containers in which offal is stored shall be watertight, have well fitted covers, and be constructed of metal, plastic or other material approved by the Fisheries Administrator.

17. (1) Flumes for conveying fish shall be made of non­ corrodible material approved by the Fisheries Administrator and shall be constructed in such a manner that they can be properly cleaned.

( 2) Conveyors (if provided) shall be made of non-corrodible material approved by the Fisheries Administrator and shall be kept clean at all times.

18. Adequate toilet facilities of a sanitary type approved by the Fisheries Administrator shall be provided, and maintained in a satisfactory condition; and a supply of toilet tissue shall be available in each toilet room at all times.

19. Fish intended for processing shall on receipt at the plant be immediately washed with cold water and if not immediately processed shall be iced, or placed in a cooling room having a temperature not higher than 34QF (lQC).

20. Ice used in a fish processing establishment shall be made of clean water from a source approved by the Fisheries Administrator.

21. All persons employed in a fish processing establishments must possess a valid food handlers' certificate.

22. All persons engaged in grading, packing and cleaning fish shall wash their hands thoroughly with running water and liquid or solid detergent after each absence from the working area.

23. All persons who handle fish with their bare hands shall not wear fingernail polish.

24. Protective hand coverings worn by employees in the filleting and packaging areas shall be disinfected at each break during the work shift.

25. All persons engaged in grading, packing and cleaning fish shall wear overalls, or other protective clothing.

26. All persons engaged in filleting, skinning, scaling and handling dressed fish shall wear clean water proof garments.

27. overcoats or other outer garments used by workers in frozen storage rooms shall be kept clean at all times. - 94 -

28. Water proof garments shall be properly cleaned after each work shift.

29. Protective clothing as described in Regulations must be provided by the owner of the fish processing establishment.

30. No person shall smoke or spit in the fish processing establishment.

31. Floors in wet working areas shall be kept clean and be thoroughly washed and disinfected at least once per work shift.·

32. Utensils coming in contact with processed fish shall be cleaned and disinfected at least once per work shift.

33. At the end of each work shift the utensils referred to in the preceding Regulation shall be thoroughly cleaned and stored in a sanitary manner.

34. Sewage, including liquid waste from fish processing operations shall be disposed of in such a manner that it is inaccessible to flies and in such a manner that the water supply of the fish processing establishment will not become contaminated.

35. Offal or other refuse shall be removed from the fish processing areas at least once daily and disposed of in a manner approved by a fisheries officer.

36. Offal containers shall be used only for offal, and distinctly marked.

37. Dogs, cats and other animals shall not be allowed in a fish processing establishment.

38. A rodent and insect control programme approved by the Fisheries Administrator shall be maintained in a fish processing establishment and where pesticides and rodenticides are used, the application thereof shall.be made under the supervision of a fisheries officer using proper equipment and in such a manner as to prevent contamination of fish.

39. No unnecessary material or equipment shall be stored in a working area.

40. The area including the beach, if any, surrounding and under the control of a fish processing establishment shall be kept clean.

41. Brushes, brooms, hoses and other equipment and material necessary for proper cleaning shall be available at all times.

42. Fish processing establishments and all equipment and utensils used in the operation of such establishments shall be kept in good repair and in a clean and sanitary condition. - 95 -

43. Paints containing toxic chemicals such as lead, copper or mercury salts, shall not be used in fish processing establishments.

SCHEDULE X

TABLE A -Production of frozen crawfish

TABLE B - Production of dressed fish TABLE c - Production of fillet or fish steaks TABLE D - Production of conch

TABLE E - Production of frozen shrimp - 96 -

NOTES TO THE PROPOSED FISHERIES REGULATIONS

The proposed Regulations are based on the existing ones, but take into account innovations which would be introduced by the new Fisheries Act (mainly, the provisions on licensing of foreign fishing vessels) . As the existing Regulations, they include "parts" in which provisions have been grouped by subject (e.g., Conservation, Licensing, Processing) , and in some cases a further subdivision of the provisions within the parts.

Provision for the introduction of the new recreational fishing licences, sport. fishing licences and pleasure craft licences has been made as requested. It has been assumed (but these basic assumptions should be verified) that the basic differences between recreational fishing and sport fishing are with respect to areas in which fishing takes place (exclusively inshore for recreational fishing, and anywhere, but especially offshore, for sport fishing), method (only hand held gear for recreational fishing) and targeted species (big game fish for sport fishing). Following the definitions provided in the interpretation section of the Regulations, it will therefore be necessary to set out in schedule V to the Regulations the areas in which recreational fishing will be allowed and the species of fish which may be targeted in sport fishing. The possibility is also given for persons other than fisheries officers (for example, boat operators carrying tourists, or other people involved in the tourist business) to issue sport fishing licences, if authorised by the Fisheries Administrator. In this case, subsequent instructions by the Fisheries Administrator could specify how this should be done (for example, there could be sport fishing licences issued as a sort of day tickets by boat operators to tourists, etc.).

The Turtle Regulations recently submitted as a separate proposal have been included in this text (with the necessary small changes). If those have already been separately adopted, they should either be expressly repealed at the adoption of these new Regulations, or the relevant provisions in these Regulations should be eliminated.

The proposed provisions on foreign fishing vessel licensing are based on the harmonised fisheries regulations being adopted in OECS countries.

The provisions on :fish processing establishments and quality assurance have only been slightly modified, since it was understood that the approach to that part should remain as detailed as it is in the existing Regulations. One innovation would be the denomination of "licence" for the certificate authorising the operation of fish processing establishments (currently referred to as certificate of registration), due to the fact that the certificate is not different in nature from other licences under the Act (e.g., licences to operate aquaculture facilities etc.). As presently formulated, provisions on fish processing establishments apply to plants where capture fish is processed, as well as to plants where aquacultural - 97 - produce is processed. Should it be considered necessary, the adoption of specific regulations for processing establishments for aquacultural produce is possible under the proposed formulation of the Act.

Provisions on offences refer to the provisions in part II and IV of the Regulations exclusively, because violations of the provisions in part III (acting in violation of licence conditions, or carrying out an activity for which a licence is required without that licence, or failing to provide information as requested) are already covered in the Act. Violations of the provisions in Part IV on quality assurance may go from very minor offences to ones which may have very serious consequences for human health. This should be considered when setting the amounts of fines.

The existing Hol Chan Marine Reserve Regulations, 1988, as amended, do not need to be completely replaced, because only minor additional prohibitions are being considered in Belize at this stage. The proposed new Act, however, is much more detailed as to marine reserves and particularly the preparation of a management plan for each reserve.

Belize is considering registering fishing vessels in addition to licensing them. Registration of vessels, as opposed to licensing which is generally used to regulate fishing effort, can be used as a means to clearly identify changes of ownership and any legal titles to the vessel. This may facilitate the establishment of vessel insurance and bank credit schemes. Fishing vessels could also be required to register only if above a certain tonnage. The proposed Fisheries Act allows the adoption of regulations on registration of fishing vessels. The following provisions have been suggested by FAO for inclusion in the OECS harmonized fisheries legislation, and could be considered for adoption as part of the Fisheries Regulations in Belize:

1. (1) The Fisheries Administrator shall keep a Register of local fishing vessels registered under the following Regulation and shall cause to be registered from time to time in the Register the name and identification number of the vessel, the name and address of the owner, the place of mooring or beaching of the vessel and such other particulars as may be prescribed.

(2) The Fisheries Administrator may also, on written application by the owner of any local fishing vessel registered under the following Regulation or other person holding a mortgage or other lien over such vessel, cause to be entered in the Register of local fishing vessels in respect of such vessels details of any mortgage or other lien over the vessel.

(3) The contents of the Register of local fishing vessels shall be prima facie evidence of the facts contained therein in all proceedings under the Act.

2. (1) No local fishing vessel shall put to sea unless there is in existence a valid certificate of registration issued in - 98 - respect of that vessel.

(2) Application for a certificate of registration shall be made on behalf of the owner to the Fisheries Administrator.

( 3) Upon application under the preceding sub-regulation, the Fisheries Administrator may issue a certificate of registration in respect of a vessel.

3. ( 1) On the sale or other change of ownership of a local fishing vessel registered under the preceding Regulation, the previous owner and the new owner shall, within seven days of the sale or other change in ownership, notify the Fisheries Administrator of the change in ownership (stating the name and address of the new owners) and return to the Fisheries Administrator for cancellation the certificate of registration issued in respect of the vessel.

(2) The Fisheries Administrator shall issue to the new owner of the local fishing vessel a new certificate of registration.

4. Where a local fishing vessel is used in violation of Regulation 2, the master, owner and charterer of the vessel shall each be guilty of an offence and liable to a fine not exceeding

The following has the purpose of clarifying some of the points raised during the discussions held in Belize.

"inhabited locality", mentioned in reg .... , seems an appropriate term to describe actually inhabited areas as opposed to areas where, for example, only a house or two may have been built - so it does not seem necessary to change or further specify the term.

Some provisions have been deleted because their contents are already implied by others. This is the case, for example, for exemptions from various prohibitions for scientific purposes, for which the general provision in the Act is sufficient.

- Many definitions have been eliminated because the terms are never used in the Regulations (e.g., "closed season", "scale fish", "fish steak', etc.). They could be inserted again in case specific provisions relating to such terms are included in the text.

- Concerning the taking by foreigners of indigenous materials for future developments for medicinal and biological purposes, it is suggested that any relevant provisions are inserted in legislation concerning the environment or biodiversity, since such materials are not necessarily found only in the course of fisheries related research operations.