high seas fishing NOVEMER 5, 2013 - BHSFU

BELIZE:

HIGH SEAS FISHING ACT, 2013

ARRANGEMENT OF SECTIONS

PART I – PRELIMINARY

1. Short title2. Objectives3. Application4. Interpretation

PART II – ADMINISTRATION

5. Belize High Seas Fisheries Unit (BHSFU)

PART III – FISHERIES CONSERVATION, MANAGEMENTAND DEVELOPMENT

6. Management7. Conservation and management measures8. BHSFU may allocate quotas for fishing9. BHSFU may determine participatory rights in fisheries10. Consultation on international fisheries management11. Compliance with international obligations12. Prohibited fishing activities13. Prohibited Fishing Gears and Stowage

PART IV - LICENSES

14. Fishing licenses required for fishing on the high seas15. Activities subject to licenses and authorizations16. Authority to issue licenses17. License approval and issuance18. Refusal of license19. Suspension, revocation or imposition of conditions or restrictions on

a license20. Appeal

21. Licenses – Period of validity22. Information Exchange with the FAO23. Fees and charges24. Investigation of breaches and non-compliance25. Record of Fishing Vessels26. Observance of laws27. Fishing or other activity conducted without or in contravention of

a license28. Regulation to prevent unauthorized fishing in waters of foreign

States29. Liability

PART V – MONITORING, CONTROL AND SURVEILLANCE

30. Enforcement responsibility31. Appointment of Authorized Officers and Inspectors32. Appointment of Authorized Observers33. Powers of Authorized Officers and Inspectors34. Duties of Authorized Observers35. Cooperating with Authorized Officers/Inspectors/Observers36. Identification of Authorized Officers and Observers/Inspectors37. Requirements relating to seized vessels38. Removal of parts from seized vessels, etc.39. Vessels monitoring system40. Catch reporting requirements

PART VI – MISCELLANEOUS

41. Information and documentation to be true, complete and accurate42. Presumptions43. Onus of Proof44. Authorization of Transship45. Application of others laws46. Application of laws of other States47. Subsequent offences

PART VII – SANCTIONS AND DISCIPLINARY ACTIONS

48. Sanctions to be imposed49. Amount of Penalty to be imposed

PART VIII – POWER TO MAKE REGULATIONS

50. Power to make Regulations

PART IX – GENERAL

51. General offence and penalty52. Conflict of Laws53. Exchange of Information with other States54. Power to delegate55. Repeal and Savings56. Commencement

__________ … __________

No. 26] High Seas Fishing 183

Short title.

AN ACT to make new and improved provisions forthe management and control of fishing on the highseas; and to provide for matters connected therewithor incidental thereto.

(Gazetted 8th November, 2013).

BE IT ENACTED, by and with the advice and consentof the House of Representatives and the Senate ofBelize and by the authority of the same, as follows:

PART I - PRELIMINARY

1. This Act may be cited as the

HIGH SEAS FISHING ACT, 2013

No. 26 of 2013

I assent,

(SIR COLVILLE N. YOUNG)Governor-General

7th November, 2013.

184 High Seas Fishing [No. 26

2. The fundamental objectives of this Act are:

(a) to promote long term conservation andmanagement, and sustainable use of marineresources on the high seas;

(b) to implement the FAO Agreement to PromoteCompliance with International Conservationand Management Measures by fishing vesselson the high seas adopted by the Conference ofthe Food and Agriculture Organization of theUnited Nations on 24 November 1993;

(c) to implement the United Nations Agreementfor the Implementation of the provisions of theUnited Nations Convention on the Law of theSea of 10 December 1982, relating to theConservation and Management of StraddlingFish Stocks and Highly Migratory Fish Stocks,adopted at New York on 4th August 1995; and

(d) to establish a system for the regulation of Belizeflagged high seas fishing vessels which operateoutside the territorial waters and ExclusiveEconomic Zone of Belize.

3. This Act shall apply:

(a) to all Belize flagged high seas vessels whichengage in fishing or fishing related activities;

(b) to any Belize flagged fishing vessel and any actor omission occurring on or by such a vesselwherever that vessel may be; and

(c) to any act or omission by an authorized officeron board a Belize flagged high seas fishingvessel.

Objectives.

Application.

4. In this Act, unless the context otherwise requires:

“authorized observer/inspector” means any personauthorized to act as an observer or inspector of fishingvessels for the purpose of this Act;

“authorized officer” means any fisheries officer and anyother person or category of persons designated as anauthorized officer for the purpose of this Act;

“Belize high seas fishing vessel” means a fishing vesselauthorized to fly the flag of Belize and to fish or take fishon the high seas;

“Belize High Seas Fisheries Unit” or “BHSFU” means theentity responsible for the administration of this Act underthe Registrar of Merchant Shipping in the Ministry ofFinance;

“commercial fishing” means any fishing resulting orintending or appearing to result in the selling or trading offish which may be taken during the fishing operation butdoes not include subsistence fishing;

“Compliance Agreement” means the Agreement to PromoteCompliance with International Conservation andManagement Measures by Fishing Vessels on the HighSeas, adopted by the Conference of the Food and AgricultureOrganization of the United Nations on 24 November 1993;

“Director” means the Director of Belize High Seas FisheriesUnit;

“dollar” or “$” means dollar in the currency of the UnitedStates of America;

“exclusive economic zone” or “EEZ” means the exclusiveeconomic zone(s) of a country;


Interpretation.


“FAO” means the Food and Agriculture Organization of theUnited Nations;

“fish” means the whole or any part, and the offspring andits eggs, of any aquatic animal, whether piscine or not, andincludes aquatic flora;

“Fish Stocks Agreement” means the Agreement for theImplementation of the United Nations Convention on theLaw of the Sea of 10 December 1982 relating to theConservation and Management of Straddling Fish Stocksand Highly Migratory Fish Stocks, adopted at New Yorkon 4 August 1995;

“fishery” means one or more stocks of fish or fishingoperations based on such stocks which can be treated as aunit for purposes of conservation and management;

“fishing” means catching or taking or killing fish by anymethod and includes –

(a) searching for , catching, taking or harvestingfish;

(b) any attempt to search for, catch, take or harvestfish;

(c) engaging in any other activity that can reasonablybe expected to result in the locating, catching,taking or harvesting of fish;

(d) placing, searching for or removing fishaggregating devices or associated equipment;

(e) any operation at sea in support of, or inpreparation for, any activity described in thisdefinition except in emergencies where it canbe ascertained that the health and safety of crew


members or the safety of a vessel was at stake;or

(f) the use of aircraft in relation to any activitydescribed in this definition except in emergencieswhere it can be ascertained that the health andsafety of crew members or the safety of a vesselwas at stake;

but does not include the taking of fish from an aquaculturefacility or any other activity related to aquaculture;

“fishing related activities” means those activities that aredone before, during or after in conjunction with or insupport of the catching, taking or the killing of fish,including but not limited to

(a) refuelling or supplying fishing vessels orperforming other activities in support of fishingoperations; or

(b) storing, processing, transportation and/ortransshipment of fish up to the time it is firstlanded; or

(c) transshipment; or

(d) any operation at sea or in support of, anyactivity described in this definition except inemergencies where it can be ascertained thatthe health and safety of crew members or thesafety of a vessel was at stake;

“fishing vessel” means any vessel used or intended for usefor the purpose of the commercial exploitation of livingmarine resources, including mother ships and any othervessels directly engaged in such operation;


“fish processing” means the producing of any substance orarticle from fish by any method and includes cutting up,dismembering, cleaning, sorting, gutting, freezing, canningand salting, preserving and reduction of fish;

“fisheries management agreement” means any agreement,arrangement or treaty in force to which Belize is a partywhich has as its purpose the cooperation in or coordinationof fisheries conservation and management measures in allor part of the region, including but not limited to fisheriesmonitoring, control and surveillance and establishing criteriaor requirements for fishing;

“fishing gears” means any equipment, implement or otherobject that can be used in the act of fishing, including anyfishing net, rope, line, float, trap, hooks, winch, boat,beacon or locating device;

“fishing vessel circular” means a legally binding noticeissued in accordance with this Act to effect the implementationof conservation and management measures;

“high seas” means the marine waters beyond the territorialsea, archipelagic waters, fisheries zone or exclusiveeconomic zone of any state;

“illegal, unreported and unregulated fishing” has the samemeaning as it is given in the International Plan of Action toprevent, deter and eliminate Illegal, Unreported andUnregulated fishing, adopted at the Food and AgricultureOrganization of the United Nations, Rome, in June 2001;

“IUU” fishing means fishing activities which are illegal,unreported and unregulated:

“illegal fishing” includes activities:

(a) conducted by national or foreign fishing vesselsin waters under the jurisdiction of a State,


without the permission of that State, or incontravention of its laws and regulations;

(b) conducted by vessels flying the flag of Statesthat are parties to a relevant regional fisheriesmanagement organization, but which operatein contravention of the conservation andmanagement measures adopted by thatorganization and by which those States arebound, or relevant provisions of the applicableinternational law; or

(c) in violation of national laws or internationalobligations, including those undertaken bycooperating States to a relevant regionalfisheries management organization;

“unreported fishing” means fishing activities:

(a) which have not been reported, or have beenmisreported, to the relevant national authority,in contravention of national laws andregulations; or

(b) which have been undertaken in the area ofcompetence of a relevant regional fisheriesmanagement organization and have not beenreported, or have been misreported incontravention of the reporting procedures ofthat organization;

“unregulated fishing” means fishing activities:

(a) conducted in the area of application of arelevant regional fisheries managementorganization by fishing vessels withoutnationality, by fishing vessels flying the flag ofa State not party to that organization or by any


other fishing entity, in a manner that is notconsistent with or contravenes the conservationand management measures of that organization;or

(b) conducted in areas or for fish stocks in whichthere are no applicable conservation ormanagement measures by fishing vessel in amanner consistent with State responsibilitiesfor the conservation of living marine resourcesunder international law;

“international conservation and management measures”means measures to conserve or manage one or more speciesor habitats of living marine resources that are adopted andapplied in accordance with the relevant rules of internationallaw reflected in the 1982 United Nations Convention of theLaw of the Sea, the FAO Compliance Agreement and theFish Stocks Agreement either by global or sub-regionalorganizations or by treaties or arrangement to which Belizeis a Party or is a cooperating non contracting party;

“IMMARBE” means the International Merchant MarineRegistry of Belize;

“international treaty” means any treaty or convention(including any Regional Fisheries Management Measures,Agreements, Code of Practice or Agreement made underthe auspices of a multilateral organization of which Belizeis a Member), or part of any international treaty orconvention to which Belize has adhered;

“length” means

(a) for any fishing vessel of Belize built after 18July 1982, 96 percent of the total length on awaterline at 85 percent of the least mouldeddepth measured from the top of keel, or the


length from the foreside of the stem to the axisof the rudder stock on that waterline, if that isgreater, except that in ships designed with arake of keel the waterline on which this lengthis measured shall be parallel to the designedwaterline; and

(b) for any fishing vessel of Belize built before 18July 1982, registered length as entered on thevessel’s documentation;

“high seas fishing license” means any permit, authorizationor license issued in accordance with this Act;

“master” means the person in charge or apparently incharge of fishing activities of the vessel;

“Minister” means the Minister of Finance;

“operator” means any person who is in charge of or directsor controls a fishing vessel or for whose direct economicor financial benefit a vessel is being used, including themaster, owner and charterer;

“owner” means the ultimate owning entity or representativethereof (either individual or body corporate or group ofcompany); the beneficial owner may be the vessel’smanagement company or the trading name of a group, bothof which are generally perceived to represent the ultimateowner of the vessel;


“Registrar” means the Registrar of Merchant Shippingappointed or designated under the Merchant Ships(Registration) Act;

“resident agent” in relation to a fishing vessel, means anyperson resident in Belize exercising or discharging orclaiming the right or accepting the obligation to exercise ordischarge any of the powers or duties of an owner or onan owner’s behalf;

“Regulation” means any regulation made pursuant to thisAct;

“Sanction Regulations” means the regulations made underthis Act, prescribing penalties for violation of the provisionsof this Act;

“serious violation” as defined in paragraph 11 of Article 21of the United Nations Fish Stocks Agreement, means

(a) fishing without a valid license, authorization orpermit issued by the Flag state in accordancewith Article 18, paragraph 3 (a) thereof;

(b) failing to maintain accurate records of catchand catch related data, as required by therelevant sub-regional or regional fisheriesmanagement organization or arrangement, orserious misreporting of catch, contrary to thecatch reporting requirements of suchorganization or arrangement;

(c) fishing in a closed area, fishing during a closedseason or fishing without or after attainment of,a quota established by the relevant sub-regionalor regional fisheries management organizationor arrangement;

No. 22of 2010.


(d) directing fishing for a stock which is subject toa moratorium or for which fishing is prohibited;

(e) using prohibited fishing gears;

(f) falsifying or concealing the markings, identityor registration of a fishing vessel;

(g) concealing, tampering with or disposing ofevidence relating to an investigation;

(h) multiple violations which together constitute aserious disregard of conservation andmanagement measures; or

(i) such other violations as may be specified inprocedures established by the relevant sub-regional or regional fisheries managementorganization or arrangement.

“transshipment” means transferring any fish or fish productsto or from any vessel.

PART II – ADMINISTRATION

5. (1) There shall be established under the Ministryof Finance a Belize High Seas Fisheries Unit with specificresponsibility for the regulation and control of high seasfishing pursuant to this Act.

(2) The Belize High Seas Fisheries Unit shall beheaded by a Director of High Seas Fisheries who shallbe appointed by the Registrar.

(3) The Belize High Seas Fisheries Unit shall havepowers and functions to:

Belize HighSeas FisheriesUnit(BHSFU).


(a) conserve, manage and sustainably develop allresources in accordance with the principlesand provisions of this Act and in sub-regional,regional and international instruments to whichBelize is a party, for vessels fishing on the highseas;

(b) establish management plans and programs tomanage the resources;

(c) issue licenses in accordance with this Act;

(d) implement conservation and managementmeasures taken from relevant resolutions andrecommendations of those Regional FisheriesManagement Organization (RFMOs) andinternational treaties to which Belize subscribesfor Belize flagged vessels which operate on thehigh seas;

(e) coordinate and manage fisheries monitoring,control and surveillance for Belize flaggedvessels operating on the high seas;

(f) appoint authorized officers and inspectors inaccordance with this Act;

(g) conduct summary administrative proceedingsin accordance with the Sanctions Regulationsto sanction any infringements made against thisAct;

(h) cooperate in the conservation and managementof highly migratory fish stocks as appropriatewith other States and high seas areas andparticipate in appropriate sub-regional, regionaland international organizations or arrangementrelating to fisheries;


(i) participate in the planning and execution ofprojects, programs or other activities related tofisheries or fishing, or the exploration of thenon-living resources of the high seas;

(j) perform such other duties and functions as maybe necessary to carry out the purposes of thehigh seas fisheries; and

(k) perform such other duties and functions as maybe necessary to carry out the purposes andprovisions of this Act.

PART III – FISHERIES CONSERVATION,MANAGEMENT AND DEVELOPMENT

6. Exclusive management and control over living andnon-living marine resources on Belize-flagged vessels onthe high seas is vested in the Government of Belize.

7. The BHSFU may take measures for the conservationand management of Belize’s high seas fisheries sector.Such measures shall be consistent with national andinternational standards applicable and shall include, interalia:

(a) declaring an open or closed season inaccordance with mandatory international treatiesto which Belize adheres for any specified areaand for -

(i) any fish;

(ii) any period of time or at all times;

(b) prohibiting the taking of fish from any area:

(i) by a specified method, gear, equipmentor instrument;

Management.

Conservationandmanagementmeasures.


(ii) by a specified class of persons;

(iii) by a specified class of vessels;

(c) prohibiting the landing, transporting,transshipping, receiving or possession of fish;

(d) prohibiting any fishing operation or activityrelated to fishing which may have an adverseeffect on the marine resources.

8. The BHSFU may set quotas with respect to anyfish stock, not in contravention of the total allowable catchof that same fish stock as determined by the relevant RFMOhaving jurisdiction over that particular fish stock, subjectto the provisions of this Act or the provisions of aninternational conservation and management measure.

9.The BHSFU may determine participatory rights inthe fishery, such as allocations of allowable catch or levelsof fishing effort. Allocation of such participatory rightsmay include restrictions as to vessel type, species, geartype, season of operation, areas in which the fishing cantake place, or any other restrictions relevant to fisheriesconservation and management.

10. (1) The BHSFU shall consult as appropriate withforeign governments, and in particular with governmentsof Coastal States having jurisdiction over the waters inwhich Belize flagged high seas fishing vessels operate witha view to:

(a) ensuring the closest practicable harmonizationor coordination of their respective fisheriesmanagement and development plans andregulations.

(b) ensuring harmonization in the collection ofstatistics, the carrying out of surveys andprocedures for assessing the state of the fisheriesresources;

BHSFU mayallocate quotesfor fishing.

BHSFU maydetermineparticipatoryrights infisheries.

Consultationoninternationalfisheriesmanagement.


(c) providing, as appropriate, for the formulationof regional fisheries management anddevelopment plans including monitoring controland surveillance for the allocation of fishingeffort and catch among States fishing the samestocks and for taking joint conservationmeasures;

(d) establishing, on a bilateral or regional level asappropriate, arrangements regarding fishingrights with other States in accordance with theprovisions of the relevant fisheries managementand development plan.

(2) Consultation under this section may be undertakeneither directly with the Governments or persons concerned,or through existing appropriate regional or sub-regionalorganization or interpersonal agencies.

11. (1) The obligations and requirements relating to theactivities and practices of fishing vessels provided for inany international treaty are obligations and requirementsapplying to vessels to which this Part applies, regardlessof whether those vessels are operating on the high seasor in the jurisdiction of another State.

(2) The Registrar may make regulations, notinconsistent with this Act, for the purpose of:

(a) adding any other international treaty orconvention to those which Belize adheres to;and

(b) specifically identifying which parts of aninternational treaty or convention, or whichobligations and requirements stated in aninternational treaty, are imposed on or must beobserved by vessels to which this Part applies.

CompliancewithInternationalobligations.


(3) In the absence of a regulation made undersubsection (2)(b), the operator of a vessel to which thisPart applies must observe all the obligations andrequirements of all international treaties applying to theirfishing and related activities.

12. (1) No person shall:

(a) permit to be used, use or attempt to use anyexplosive, poison or other noxious substancefor the purpose of killing, stunning, disablingor catching fish, or in any way rendering fishto be more easily caught; or

(b) carry or have in his possession or control anyexplosive, poison or other noxious substancein circumstances indicating an intention to usesuch substance for any purpose referred to inparagraph (a).

(2) A person who contravenes subsection (1) isguilty of an offence punishable in accordance with theSanction Regulations.

(3) Any explosive, poison or other noxious substancefound on board any vessel is presumed, unless the contraryis proved, to be intended for the purposes referred to insubsection (1)(a).

(4) No person shall land, sell, receive or possessany fish taken by any means in contravention of subsection(1) (a), if the person knows or ought reasonably to haveknown the fish to have been so taken.


(6) In any proceeding for any offence against thissection, a certificate as to the cause or manner of death

Prohibitedfishingactivities.


of or injury to, any fish, signed by the Director or anyperson authorised by him in writing is, until the contraryis proved, sufficient evidence as to the matters stated inthe certificate.

(7) In any proceedings for an offence against thissection, the defendant must be given not less than 14 days'notice in writing of the intention to rely on a certificateunder subsection (6).

(8) No vessel shall be used for driftnet fishingactivities on the high seas.

(9) No vessel which holds a valid registration issuedpursuant to the laws of Belize shall engage in driftnet fishingactivities on the high seas.

(10) Where any fishing vessel is used in contraventionof subsections (8) or (9), the owner, operator, and masterthereof each commits a serious violation against this Actand shall be subject to disciplinary or pecuniary actionsin accordance with the Sanction Regulations.

(11) The finning of sharks by Belize flagged fishingvessels is strictly prohibited, and for this purpose, finningmeans the detachment of fins from the carcass of a sharkand the subsequent discard of that carcass.

(12) The operator of any vessel which contravenessubsection (11) commits a serious violation against thisAct and shall be subject to disciplinary or pecuniary actionsin accordance with the Sanction Regulations.

13. (1) No person shall use for fishing or have on boarda Belize flagged vessel on the high seas –

(a) any net, the mesh size of which does notconform to the minimum mesh size for that typeof net that is required or prescribed pursuantto this Act;

ProhibitedFishing Gearsand Stowage.


(b) any fishing gear which does not conform tostandards required pursuant to this Act for thattype of fishing gear;

(c) any fishing gear which is prohibited by thisAct, including without limitation a driftnet.

(2) Any person who contravenes subsection (1)commits a serious violation against this Act and shall bepunished in accordance with the Sanction Regulations.

(3) All fishing gear on board any fishing vessel inany place on the high seas where it is not permitted tofish or which has taken its allocation of fish, shall be stowedin such a manner that its not readily available for use forfishing or as may be prescribed.

(4) The operator of any fishing vessel used incontravention of subsection (1) commits an offense andshall be subject to disciplinary or pecuniary penalties inaccordance with the Sanction Regulations.

PART IV - LICENSES

14. (1) No Belize flagged vessel shall be used for fishingor fishing related activities on the high seas or in thejurisdiction of another State unless the vessel has on boarda valid high seas fishing license and relevant fishingpermissions from other States as may be necessary.

(2) In a case where a vessel intends to fish or carryout fishing related activities in the EEZ of another State,that vessel shall hold a valid authorization for suchoperation from that State in addition to the licence requiredunder subsection (1) above.

(3) Where a Belize flagged fishing vessel is usedin contravention of subsection (1) and (2), the master,owner, charterer or operator of the vessel is each guiltyof an offence and shall be liable to disciplinary measuresin accordance with the Sanction Regulations.

Fishinglicensesrequired forfishing on thehigh seas.


15.Activities subject to licenses and authorizationsunder the Belize flag are as follows:

(a) fishing;

(b) transshipment and other related activities;

(c) fish processing;

(d) sport fishing;

(e) commercial pilot fishing;

(f) marine scientific research;

(g) exploration and exploitation of non-living marineresources; and

(h) activities that may be in support of fishing orany fishing related activities.

16. (1) All licences under this Act shall be issued bythe Director with the approval of the Registrar.

(2) Regulations may prescribe the application formand other documents and fees required for licences underthis Act.

17. (1) The Director shall have regard to the followingmatters in determining whether or not to grant a high seasfishing license:

(a) the capacity of Belize to implement its obligationsunder the Compliance Agreement and the FishStocks Agreement and with regard to theinternational conservation and managementmeasures which are recognized by Belize;

Activitiessubject tolicenses andauthorizations.

Authority toissue licences.

Licenseapproval andissuance.


(b) there is no evidence suggesting that the vesselis operating or has previously operated in amanner that may breach or have breached anyobligations or requirements of an internationaltreaty;

(c) any other relevant matters.

(2) The Director shall be responsible for approvingguidelines and /or promulgating regulations governing theissuance of licenses or authorizations pursuant to this Act,

(3) The owners/operators of a registered vesselshall designate an agent resident in Belize who shall actfor or on behalf of that vessel and represent that vesselin all matters relating to the enforcement of this Act.

(4) Any fishing vessel which requires a license tofish or to carry out fishing related activities on the highseas shall be duly registered with IMMARBE.

(5) The Director shall review each applicationsubmitted pursuant to this Act and determine whether ornot it qualifies for a licence.

(6) Applications for licenses shall be in such a formas the Director may require or as may be prescribed andshall specify, inter alia:

(a) the name, call sign, registration number, nameand address of owners and operators;

(b) the tonnage, capacity, gear type, processingequipment and such other pertinent informationwith respect to the characteristics of the vesselas the Director may require;

(c) the area of operation, intended ports ofdischarge, species to be targeted etc.,


(7) Licenses may be issued after application is madein accordance with this Act and the required documentationis submitted and the fees paid.

(8) The Director may attach such conditions to alicense as he thinks fit and shall attach such terms andconditions as may be prescribed.

(9) The Regulations made under this Act mayprovide for:

(a) a form and procedures for application for alicense;

(b) any conditions which may or shall be attachedto a license;

(c) criteria for renewal, refusal, suspension orcancellation of a license;

(d) fees, contributions and other forms of paymentfor licenses;

(e) period of validity of licenses;

(f) offenses, fines and penalties.

18. (1) The Director shall not issue a high seas fishinglicense in respect of any fishing vessel of Belize, if thatvessel was previously authorised to be used for fishingon the high seas by a foreign State, and:

(a) that foreign State suspended such authorizationbecause the vessel engaged in activities that arecontrary to the provisions of internationalconservation and management measures, andthe suspension has not expired;

Refusal oflicense.


(b) the foreign State, within the last three yearspreceding the application for a license underthis section, withdrew such authorizationbecause the vessel engaged in activities thatwere contrary to the provisions of internationalconservation and management measures.

(2) The restriction in subsection (1) does not applyif the ownership of the vessel has changed since the vesselengaged in activities contrary to the provisions of internationalconservation and management measures, and the newowner has provided sufficient evidence to the Directordemonstrating that the previous owner or operator has nofurther legal, beneficial or financial interest in the vessel.

(3) The restriction in subsection (1) does not applyif the Director makes a determination that issuing a highseas fishing license in respect of the vessel would notundermine the effectiveness of international conservationand management measures.

(4) A person who knowingly or recklessly providesany information required to be given under this sectionwhich is false incomplete or misleading commits an offenceand shall be liable to disciplinary measures in accordancewith the Sanction Regulations.

(5) A license or its renewal may also be deniedwhere:

(a) the vessel is not duly registered or is not in goodstanding with IMMARBE;

(b) the application is not in accordance with therequirements of this Act;

(c) the vessel or a person associated with the vesselhas previously been involved in a breach of thisAct;


(d) the owner, operator or charterer is the subjectof legal proceedings or on reasonable groundsappears unable to meet its obligations;

(e) the Director has reasonable grounds to believethat the ownership information is false or nota true representation of the beneficial ownershipof the vessel or vessels;

(f) the owner fails to submit the prescribedapplication and documentation required for theissuance or renewal of a license or authorization;

(g) the fishing vessel does not bear the requiredmarkings;

(h) the fishing vessel does not bear the requiredmarkings for fishing gears;

(i) an operator of the vessel has contravened or thevessel has committed a serious violation againstthe laws of Belize other international lawrelating to international conservation andmanagement measures;

(j) the fishing vessel is being used in operationwithin the EEZ of another State without theproper authorization of that State;

(k) if the vessel does not have a good standing withthe Regional Registers of vessels maintainedby fisheries management organizations;

(l) there has been a failure to satisfy a judgmentor other final determination for breach of thisAct;

(m) the owner fails to appoint a legal representativein Belize;


(n) the Director determines that it would beinconsistent with management measuresimplemented in accordance with this Act;

(o) the required fees, royalties or other forms ofcompensation have not been paid in accordancewith this Act; or

(p) the Director determines that the issuance of alicense would not be in the best interests ofBelize.

(6) The Director shall notify the applicant of thedecision to issue or deny a license within a reasonabletime of the date of receipt of the application.

(7) The Director may attach to a licence such terms,conditions and restrictions as he may consider fit.

(8) No license shall be issued authorizing fishingusing a driftnet/gillnets or other substantially similar methodof catching fish.

(9) Where the licence is refused, the applicant shallbe informed of the reasons for refusal and the applicantmay then submit a revised application taking intoconsideration the reasons for disapproval.

19. (1) The Director may suspend or cancel a licenceif he is satisfied that:

(a) information required to be given or reportedunder this Act is false, incomplete, incorrect,misleading or not provided as and whenrequired; or

(b) it is necessary to do so in order to give effectto any licensing programme specified in afishery management plan; or

Suspension,revocation orimposition ofconditions orrestrictions ona license.


(c) the owner or operator is the subject ofbankruptcy proceedings under the insolvencylaws of any jurisdiction, and satisfactoryfinancial assurance has not been provided; or

(d) the vessel or establishment in respect of whichthe licence has been issued has been used incontravention of this Act, or of any conditionof the licence; or

(e) payment has not been made and is overdue inrelation to any fees, charges, royalties andother payment required under this Act, or forany penalty or fine in relation to a breach of thisAct; or

(f) an operator of the vessel has breached anyobligation or requirement imposed by aninternational treaty, or has committed anyoffence against the laws of Belize that, in theopinion of the Director, justifies the suspensionor cancellation of the licence.

(2) If a licence is suspended or cancelled under thissection, written notification of the suspension or cancellationshall be given to the person to whom the licence was issued.

(3) If a licence is suspended or cancelled becausethe Director was satisfied that it was necessary to do soin order to give effect to any licensing programme specifiedin a fishery management plan, a proportion of any feepaid for the licence representing the unexpired period ofthat licence shall be reimbursed to the licensee at licensee’srequest.

20. (1) An applicant for, or the holder of, a licencemay, within 30 days of being notified of one of the followingdecisions, appeal the decision by notice in writing inaccordance with this section:

Appeal.


(a) a decision by the Director to refuse to issue alicence; or

(b) a decision by the Director to suspend or cancela licence.

(2) An appeal against a decision made by theDirector in relation to a matter specified in subsection (1)shall be by way of a request to the Registrar for a re-consideration of the decision.

(3) Until such time as the Registrar makes a decisionin relation to an appeal made under this section, the originaldecision remains in force.

21. (1) Subject to the provisions of this section andunless otherwise prescribed in accordance with this Act,every license issued or renewed under this Act shall bevalid for a period of one year, or such lesser period asmay be specified.

(2) A license issued or renewed under this Act shallonly be valid for the species of fish, the type of fishinggear or method of fishing, or such other activity inaccordance with this Act, as may be specified in the license.

(3) A license issued under this Act may not betransferred.

(4) A high seas fishing license is void in the eventthat the vessel in respect to which it was granted is nolonger entitled to fly the Flag of Belize.

22. In accordance with Article VI of the ComplianceAgreement, information on all vessels that have been issuedwith a fishing license pursuant to this Act shall be madereadily available to the FAO.

Licenses –Period ofvalidity.

InformationExchange withthe FAO.


23. (1) There shall be paid in respect of every licenseissued under this Act, fees, contributions or other formsof compensation.

(2) The fees, contributions or other forms ofcompensation for licenses issued pursuant to this Act andother charges in relation to license administration shall beprescribed by Regulations made under this Act.

(3) In determining the level of fees, contributionsor other forms of compensation for licenses for fishingand related activities, the Registrar shall take the following,inter alia, into account;

(a) the value of the fish species being caught;

(b) the quantity of the species caught;

(c) the gear type;

(d) alternative use of the fishery resources;

(e) the cost of fishery management and development;

(f) the cost of observers;

(g) the cost of fisheries research, administrationand enforcement;

(h) any other expenses that may result from theadministration of the high seas fishing fleet.

(4) License fee may be classified, inter alia, accordingto the value of species caught and the length overall, grosstonnage, type of gear, or other methods related to theharvesting potential of the vessel.

(5) No license shall be issued pursuant to this Actunless the requisite fees, contributions, charges and other

Fees andcharges.


forms of compensation have been paid in accordance withthis Act.

24. (1) The Director shall investigate the fishing and relatedactivities of any Belize flagged fishing vessel operating onthe high seas to which this Part applies, if -

(a) a complaint is made to the Director concerninga Belize Flagged vessel by a person responsiblefor the implementation and enforcement of anyinternational treaty; or

(b) a complaint is received from the competentauthority of any other flag State; or

(c) the Director has any other reason to believe thata breach of any condition of an internationalauthorization to fish under this Part may havebeen committed by a vessel to which this Partapplies.

(2) The Director shall notify the master, owner andoperator of any vessel under investigation that the Directoris conducting an investigation into the fishing relatedactivities of that vessel, and the master, owner and charterershall each:

(a) provide such information, data anddocumentation as is required by the Director;

(b) answer such specific questions as are put to bythe Director concerning the fishing or relatedactivities of the vessel under investigation; and

(c) cooperate with an investigator authorized bythe Director in relation to the investigation, andpermit the investigator to have full access to allrecords and to the crew of the vessel forquestioning.

Investigationof breachesand non-compliance.


(3) A master, owner or operator who fails to complywith subsection (2) or who otherwise obstructs aninvestigation under this section is guilty of an offencepunishable in accordance with the Sanction Regulations.

(4) Any person other than those listed in subsection(3) who obstructs an investigation under this section isguilty of an offence and is liable to the imposition ofpenalties in accordance with the Sanction Regulations.

(5) For the purpose of conducting an investigationunder this section, the Director may authorize any personto conduct the investigation on his behalf and in such acase the authorized person may exercise all powers of theDirector under this section.

(6) The report of any investigation conducted underthis Part shall be provided by the Director to:

(a) the Registrar;

(b) the Senior Deputy Registrar of the InternationalMerchant Marine Registry of Belize, and

(c) the master, owner and operator of the vesselunder investigation.

25. Where a fishing vessel has been licensed undersection 16, the Director shall maintain a register whichshall contain the following information:

(a) nature of the activity licensed or authorized;

(b) the particulars of the vessel, person orestablishment licensed or authorized;

(c) the terms of each license or authorization;

Record ofFishingVessels.


(d) any action taken in respect of the licence orauthorization;

(e) the result of any appeal affecting the licence orauthorization considered; and

(f) any other matter that is prescribed.

26. Any license issued or authorization given underthis Act shall not exempt a person from any other lawsof Belize or any reasonable requirement of another country.

27. (1) Where a person or vessel is engaged in fishingor in any other activity described in this Act for whicha license is required, without a license or in contraventionof any of its terms and conditions, that person, or in thecase of a vessel, the operator, commits an offence andshall be punished in accordance with the SanctionRegulations.

(2) No such person shall be permitted to engagein fishing or the relevant activity, or if a license has beenissued it will be suspended, for a period to be determinedin accordance with the Sanction Regulations.

(3) Each day of continuing violation under thissection shall be considered a separate offence.

(4) Where an offence against this Act has beencommitted by any person on board or employed on a fishingvessel, the master of the fishing vessel shall also be guiltyof the same offence and shall be subject to applicable finesand penalties.

28.To ensure that Belize flagged fishing vessels do notconduct unauthorized fishing in the exclusive economiczone, territorial seas, archipelagic waters (or other zoneof extended fisheries jurisdiction) of any foreign state, the

Observance ofLaws.

Fishing orother activityconductedwithout or incontraventionof a license.

Regulations topreventunauthorizedfishing inwaters of aforeign State.


Registrar, may on the recommendations of the Director,make regulations:

(a) requiring the recording and timely reporting ofvessel position, catch of target and non-targetspecies, fishing effort and other fisheries data;

(b) requiring that owners/operators receive priorauthorization from the Flag State authorizingtheir activity within the jurisdiction of anotherState;

(c) requiring the owners, operators, charterers ormasters of such vessels to provide copies oflicenses and evidence that such operations areduly authorized;

(d) authorizing and establishing procedures for theprovision of evidence to a foreign State whichalleges that such a vessel has engaged in suchunauthorized fishing;

(e) any other regulations that may be relevant.

29.The owner, operator and master of every Belizeflagged high seas fishing vessel shall be familiar with allapplicable conditions, obligations and requirements applyingto his vessels engaged in fishing or fishing related activities;and it is no defence that any person in breach of anycondition, obligation or requirement was not aware of itor has not been advised of it.

PART V - MONITORING, CONTROL ANDSURVEILLANCE

30. (1) A Fisheries Monitoring Center under theDirector shall have primary responsibility for 24 hourmonitoring control and surveillance of the activities of

Liability.

Enforcementresponsibility.


Belize flagged high seas fishing vessels and the enforcementof this Act as it pertains to matters of the high seas.

(2) The Director may, as appropriate, involveparticipation by relevant Government departments or officesin fisheries enforcement.

(3) The Director may authorize other entities, officialsor persons to perform fisheries enforcement functions.

31. (1) The Director shall appoint in writing a personor class of persons as authorized for the purpose ofenforcing this Act and such persons shall exercise allpowers and privileges accorded by this Act.

(2) For all surveillance and enforcement duties andobligations or any other duties provided under this Act,except any duties arising from the licensing and reportingrequirements of this Act, general safety inspectors ofIMMARBE shall be deemed to be authorized officers forthe purpose of safety inspection of the vessel only.

(3) The Director may appoint any person with theexception of any ship owner, charterer, beneficial owner,operator or crew of any Belize high seas fishing vessel,to be authorized officer for the purposes of the implementationof this Act and in doing so may determine the scope oftheir authority and duties.

(4) Any person or class of persons appointed asauthorized officers, inspectors or observers in accordancewith a fisheries management agreement or similar cooperativearrangement to which Belize is a party, who is not a citizenof Belize or has not been appointed in accordance withsubsection (1), shall have such rights and privileges asmay be necessary for the performance of his duties asauthorized officer(s), under this Act.

Appointmentof AuthorizedOfficers andInspectors.


32. (1) The Director shall appoint in writing any personto be an authorized observer for the purpose of this Actor may appoint as necessary any accredited institution forthe provision of such observer services.

(2) Any authorized observer pursuant to a fisheriesmanagement agreement to which Belize is a party, whohas not been appointed in accordance with subsection (1)shall have the same rights and privileges as may be requiredfor the performance of his duties under this Act relatingto authorized observers.

(3) Observers may exercise scientific, compliance,monitoring and other functions.

33. (1) For the purpose of enforcing this Act, anyauthorized officer/inspector may:

(a) stop, board, remain on board and search anyvessel which operates in the high seas whichhe reasonably believes is a fishing vessel whichis registered under the Belize flag, and stop andsearch any such vessel he reasonably believesmay be transporting fish or engaging in anyactivity relating to fishing;

(b) require the master or any crew member orother person aboard to inform him of the name,call sign and the name(s) of the master, owner,charterer and crew members;

(c) examine the master or any crew member orother person aboard about the cargo, contentsof hold and storage spaces, voyage and activitiesof the vessel;

(d) make such examination and inquiry as mayappear necessary to him concerning any vessel

Appointmentof AuthorizedObservers.

Powers ofAuthorizedOfficers andInspectors.


in relation to which any of the powers conferredby this section have been or may be exercisedand take samples of any of fish products foundon board;

(e) require to be produced, examine and takecopies of any license, logbook, record of otherdocument required under this Act or concerningthe operation of any vessel;

(f) make an entry dated and signed by him in thelogbook of such vessel;

(g) require to be produced and examine any fish,fishing gear or appliance or explosive, poisonor other noxious substance;

(h) give direction to the master and any crewmember of any vessel stopped, boarded orsearched as may be necessary or reasonablyexpedient for any purpose specified in this Actor to provide for the compliance of the vesselor master or any crew member with conditionsof any license;

(i) endorse the validity and authenticity of anylicense.

(2) Where an authorized officer/inspector hasreasonable grounds to believe that an offense against thisAct is being or has been committed by a Belize flaggedvessel, he may without warrant:

(a) enter, inspect and search any premises, otherthan premises used exclusively as a dwellinghouse, in which he has reasonable grounds tobelieve that an offence has been or is beingcommitted or fish taken illegally are beingstored;


(b) stop, enter and search and stay in or on anyvessel or vehicle which he reasonably suspectsof transporting fish or fish products;

(c) take samples of any fish found in any vesselinspected or any premises searched under thisAct;

(d) seize:

i. any vessel (including its fishing gear,equipment, stores and cargo), nets or anyother fishing appliances which he hasreasonable grounds to believe has beenor is being used in the commission of suchoffence or in respect of which the offenseshave been committed;

ii. any fish or fish products he has reasonablegrounds to believe have been caught inthe commission of an offence or arepossessed in contravention of this Act;

iii. any logs, charts or other documentsrequired to be maintained by this Act orunder the terms of any license or otherauthorizations or which he has reasonablegrounds to believe, show or tend toshow, with or without other evidence,the commission of an offence against thisAct; and

iv. anything which he has reasonable groundsto believe might be used as evidence inany proceedings under this Act;

(3) A written receipt shall be given for any articleor thing seized under this section and the grounds for suchseizure shall be stated in such receipt.


(4) No authorized officer who does any act underthis Act, or omits to do any act required by this Act, shallbe under any civil or criminal liability as a result of thatact or omission on the grounds of want of jurisdiction ormistake of law or fact, or any other ground, unless hehas acted or omitted to act, in bad faith.

(5) An authorized officer/inspector may, for thepurpose of enforcing this Act, with or without a warrantor other process:

(a) execute any warrant or other process issued byany court of competent jurisdiction; and

(b) exercise any other lawful authority.

34. (1) Any person on board a vessel that is the subjectof a licence or authorization under this Act shall permitan observer to board and remain on the vessel for thepurpose of carrying out his duties and functions.

(2) The operator and each member of the crew ofa vessel shall allow and assist any observer to:

(a) board the vessel for scientific, compliancemonitoring and other functions at such time andplace as the Director may require; and

(b) have full access to and the use of facilities andequipment on board the vessel which theobserver may determine is necessary to carryout his duties, including:

(i) access to the bridge, navigation charts,fish on board and to areas which may beused to hold, process, weigh and storefish;

Duties ofAuthorizedObservers.


(ii) access to the vessel’s records, includingits logbooks and documentation, for thepurpose of records inspection andcopying; and

(iii) access to fishing gear on board; and

(iv) reasonable access to navigation equipmentand radios;

(c) take and remove from the vessel samples andrelevant information;

(d) take photographs of the fishing operations,including of charts, records, fish, fishing gearand equipment and remove from the vesselsuch photographs or film;

(e) carry out all duties safely; and

(f) disembark at such time and place as may bedetermined by the Director, or in accordancewith an access agreement.

(3) The operator must provide the observer withfood, accommodation and medical facilities accorded toan officer of the vessel for the time that the observer ison board and at no cost.

(4) In addition to the requirements under subsection(3), the operator shall pay in full the following costs ofthe observer:

(a) full travel costs to and from the vessel; and

(b) the salary set by the Director; and

(c) insurance cover as required by the Director.


(5) An operator of a vessel licensed as a Belizeflagged fishing vessel or the subject of an internationalauthorization to fish issued under this Act shall allow andassist an observer to have full access to any place wherefish are unloaded or transshipped and shall permit theobserver to remove samples and to gather informationrelating to the fishing and related activities of the vessel.

35. (1) The master and each crew member of any fishingvessel shall immediately comply with every instruction ordirection given by an authorized officer/inspector orobserver as appropriate and facilitate safe boarding,entry and inspection of the vessel and any fishing gear,equipment, records, fish and fish products.

(2) Every person commits an offense who:

(a) assaults, obstructs, resists, delays, refusesboarding to, intimidates or fails to take allreasonable measures to ensure the safety of orotherwise interferes with an authorized officer/inspector or observer in the performance of hisduties;

(b) incites or encourages any other person toassault, resist or obstruct any authorized officer,inspector, observer while carrying out hispowers or duties, or any person lawfully actingunder the authorized officer’s orders or in hisaid;

(c) uses threatening language or behaves in athreatening or insulting manner or uses abusivelanguage or insulting gestures towards anyauthorized officer or observer while in theexecution of his powers or duties, or anyperson lawfully acting under an authorizedofficer’s order or in his aid;

CooperatingwithAuthorizedOfficers/Inspector/Observer.


(d) fails to comply with the lawful requirement ofany authorized officer or observer;

(e) fails to take all reasonable measures to ensurethe safety of an authorized officer or observeras appropriate in the performance of his duties;

(f) furnishes to any authorized officer or observerany particulars which to his knowledge arefalse or misleading in any respect;

(g) impersonates or falsely represents himself to bean authorized officer or authorized observer orwho falsely represents himself to be a personlawfully acting under an authorized officer’sorder or in his aid;

(h) impersonates or falsely represents himself to bethe master or other officer of a fishing vessel;or

(i) is in breach of any other duty to authorizedofficer or observer required under this Act.

(3) Every person referred to in subsection (2) aboveshall be liable to disciplinary measures and/or pecuniarymeasures in accordance with the Sanction Regulations.

(4) Adequate accommodation on board the vesselshall be provided to any authorized observer in accordancewith regulations made under this Act.

(5) For the purpose of subsection (2), any personwho does not allow any authorized officer or inspectoror any person acting under his order or in his assistance,or an authorized observer to exercise any of the powersconferred on such person by this Act shall be deemed tobe obstructing that officer, person or observer.


36.An authorized officer/inspector or authorizedobserver, when exercising any of the powers conferredby this Act, shall on request produce identification to showthat he is an authorized officer/inspector or observer underthis Act.

37. (1) If any vessel is seized under this Act:

(a) the master and crew must take it to the port thatthe authorised officer designates; and

(b) the master is responsible for the safety of thevessel and each person on board the vessel,including the crew, and any authorised officer,until the vessel arrives at the designated port.

(2) If the master fails or refuses to take the seizedvessel to the designated port then the authorised officeror any person called on to assist him may do so.

(3) If a vessel is taken to port in the circumstancesdescribed in subsection (2), no claim whatever may bemade against any authorised officer or the Director inrespect of any damage, injury, loss or death occurringwhile the vessel is being so taken.

(4) If a vessel is taken to port in the circumstancesdescribed in subsection (2), no port dues shall be leviedagainst the Belize High Seas Fisheries Unit or any otherGovernment Department.

(5) The provisions relating to vessels and mastersin subsections (1) to (3) apply with all necessary changesto vehicles and aircraft seized in accordance with this Act,and to their drivers and pilots respective.

Identificationof authorizedofficer/inspector andobserver.

Requirementsrelating toseized vessels.


38. (1) An authorised officer may remove any part orparts from any vessel, vehicle or aircraft held in custodyunder this Act, for the purpose of immobilising that vessel,vehicle or aircraft.

(2) Any part or parts removed under subsection (1)shall be kept safely and returned to the vessel, vehicleor aircraft on its lawful release from custody.

(3) A person (other than an authorised officer) shallnot:

(a) knowingly possess or arrange to obtain anypart or parts removed under subsection (1); or

(b) knowingly possess or arrange to obtain anyreplacement or substitute part or parts for thoseremoved under subsection (1); or

(c) knowingly make any replacement or substitutepart or parts for those removed under subsection(1); or

(d) fit or attempt to fit any part or parts, orreplacement or substitute part or parts to avessel, vehicle or aircraft being held in custodyunder this Act.


39. (1) The Director shall require as a condition offishing in the high seas that the operator of any vessel:

(a) installs on such vessel at its own expense avessel monitoring system designated by theDirector;

Removal ofparts fromseized vesselsetc.

VesselMonitoringSystem.


(b) maintains such equipment in good workingorder at all times while in the high seas or suchother areas as may be agreed or designated.

(2) Any machine:

(a) aboard a vessel automatically feeding orinputting position, fixing information or datainto a transponder shall be judicially recognizedas accurate;

(b) used in conjunction with a transponder for thepurpose of ascertaining or obtaining informationor data need not be judicially recognized asappropriate;

(3) All information or data obtained or ascertainedby the use of a transponder, shall be presumed, unlessthe contrary is proved, to:

(a) come from the vessel so identified;

(b) be accurately relayed or transferred; and

(c) be given by the master, owner, operator andcharterer of the vessel.

Evidence may be given of information and data so obtainedor ascertained whether from printout or visual display unit.

(4) The presumption in subsection (3) shall applywhether or not the information was stored before or afterany transmission or transfer.

(5) Any person may give a certificate stating –

(a) his name, address and official position;

(b) he is competent to read the printout or visualdisplay unit or any machine capable of obtainingor ascertaining information from a transponder;


(c) the date and time the information was obtainedor ascertained from the transponder and thedetails thereof;

(d) the name and call sign of the vessel on whichthe transponder is or was as known to him oras ascertained from any official register, recordor other document; and

(e) a declaration that there appeared to be nomalfunction in the transponder, its transmissionor other machines used in obtaining orascertaining the information.

(6) Any person who intentionally or recklesslydestroys, damages, renders inoperative or otherwiseinterferes with a machine aboard a vessel which automaticallyfeeds or inputs information or data into a transponder, orwho intentionally feeds or inputs information or data intoa transponder that is not officially required or is meaninglesscommits an offence and shall be sanctioned in accordancewith the Sanction Regulations.

40. (1) For the purpose of recording catch and effortdata, the operator of a high seas fishing vessel in respectof which a high seas fishing license is issued shall utilizerelevant reporting measures as may be prescribed by theDirector.

(2) In addition to the catch and effort data requiredto be recorded, the Director may require such additionalinformation to be provided in respect of the fishingoperations of a permitted high seas fishing vessel as hemay determine to be appropriate for fisheries conservationand management development.

(3) The Director may, with the approval of theRegistrar, make regulations pursuant to this Act to prescribe

Catchreportingrequirement.


additional reporting requirements to achieve the effectivemanagement and control of high seas fisheries.

PART VI - MISCELLANEOUS

41. (1) Every person shall promptly give any informationrequired under this Act, including records of any kindand information requested by the Director, an authorizedofficer or other officer or official carrying out duties underthis Act.

(2) Any information required under this Act shallbe true, complete and accurate and the Director shall benotified immediately of any change in circumstances whichhas the effect of rendering any such information ordocumentation false, incomplete or misleading.

(3) Any license, permit, registration or otherdocument required to be obtained under this Act shall beobtained and held in its original, complete and accurateform as required under this Act, and no such documentshall be altered after its issuance by any person.

(4) Any person who contravenes subsection (1), (2)or (3) commits an offense and shall be sanctioned inaccordance with the Sanction Regulations.

42. (1) Any fish found on board any fishing vessel whichhas been used in the commission of an offence againstthis Act are presumed to have been caught in the commissionof that offence, unless the contrary is proved.

(2) If, in any legal proceedings under this Act, theplace at which an event is alleged to have taken place isin issue, the place stated in the relevant entry in the logbookor other official record as being the place at which theevent took place, is presumed to be the place at whichthe event took place, unless the contrary is proved.

Informationanddocumentationto be true,complete andaccurate.

Presumptions.


(3) For the purpose of any proceedings under thisAct, the act or omission of any member of the crew ofa fishing vessel while on board that vessel or engaged infishing activity related to that vessel, is taken to be alsothat of the master, owner and operator of the vessel.

(4) Any entry in writing or other mark in or onany logbook, chart or other document required to bemaintained under this Act, or used to record the activitiesof a vessel’s activities, is taken to be that of the master,owner, and operator of the vessel.

(5) If any information is given in respect of a fishingvessel under this Act or a related agreement to any fishingactivity of the vessel, it is presumed to have been givenby the master, owner and operator of the vessel, unlessit is proved it was not given by any of them.

(6) If in any legal proceedings for an offence underthis Act:

(a) an authorized officer gives evidence ofreasonable grounds to believe that any fish towhich the charge relates were taken by the useof driftnets; and

(b) the court considers that, having regard to theevidence, the grounds are reasonable;

the fish are presumed to have been so taken, unless thecontrary is proved.

43. (1) If in any proceedings under this Act, a personis charged with having committed an offence involvingan act for which a license, authorization or other permissionis required, the onus is on that person to prove that atany relevant time the requisite license, authorization orother permission was held by him.

Onus of Proof.


(2) If a person is charged with having unlawfullyentered the jurisdiction area of another State, the onus ison that person to prove that his entry was for a purposerecognized by international law.

(3) If a person is charged with having contravenedthis section, the onus is on that person to prove that theinformation given was true, complete and accurate.

44. (1) A person shall not use a Belize flagged fishingvessel to undertake transshipment of fish without theauthorization of the Director.

(2) The Director may issue an authorization totransship subject to the following conditions:

(a) any prescribed conditions;

(b) the conditions of the applicable fishing license;or

(c) any other condition imposed by the Director ashe sees fit.

(3) A person authorized in accordance with thissection shall comply with all applicable laws and with anyconditions of the authorization.

(4) The Director may suspend or cancel anauthorization if there is any failure to comply with theconditions of this authorization or the provisions of thisAct.

(5) An authorization given under this section shallbe in writing.

(6) A person shall only transship fish in an approvedport or as authorized.

Authorizationof Transship.


(7) Any person who undertakes transshipmentactivities:

(a) without an authorization given under thissection; or

(b) in breach of any condition of an authorizationor of a relevant fishing license; or

(c) at a place other than an approved port;

is guilty of a serious violation against this Act and shall besubject to disciplinary or pecuniary actions in accordancewith the Sanction Regulations.

45.No permit documents issued under this Act shallrelieve any fishing vessel or its operator or crew of anyobligation or requirement imposed by other laws, includingthose concerning navigation, customs, immigration orhealth, unless otherwise indicated in those laws.

46. (1) It shall be unlawful for any person to import,export, transport, sell, receive, acquire or purchase anyfish or fish products, possessed, transported or sold inviolation of any law or regulation of another State uponimplementation, on a reciprocal basis, of a fisheriesmanagement agreement between the Government of Belizeand such other State or States, in which such activitiesare agreed to be unlawful.

(2) The Director shall implement the fisheriesmanagement agreement described in subsection (1) byregulation and may require, inter alia, record keeping andreporting for each day of fishing activity.

47.Any person who commits the same offense againstthis Act more than once shall:

Application ofother laws.

Application oflaws of otherStates.

Subsequentoffences.


(a) be required to pay an additional fine that theDirector may deem appropriate for the secondand any subsequent offenses;

(b) have any applicable licenses or permitssuspended for a period of up to one year.

PART VII - SANCTIONS AND DISCIPLINARYACTIONS

48.The Director, after examining the facts relating toa violation or serious violation, may take disciplinary orpecuniary actions in accordance with the SanctionRegulations.

49. (1) In determining the amount of penalty to beimposed, the Registrar shall take into consideration thenature, circumstances, extent and gravity of the prohibitedact or acts committed and its financial and economic impacton the fishing industry and the environment. With respectto the violators, the degree of culpability, any history ofprevious offenses relating to fishing and such other mattersthat may be relevant in accordance with the SanctionRegulation.

(2) The maximum penalty that may be imposed forany offence under this Act shall be three million dollars.

PART VIII - POWER TO MAKE REGULATIONS

50. (1) Subject to the provisions of this Act, the Registrarmay, on the recommendations of the Director and withthe approval of the Minister, make regulations for carryingout the purposes and provisions of this Act, and in particularbut without restricting the generality of the foregoing, maymake regulations in relation to:

Sanctions to beimposed.

Amount ofPenalty to beimposed.

Powers tomakeregulations.


(a) measures for licensing and regulation of fisheriesor any particular fishery, including theprohibition of specific activities in any designatedfishery or area, any fishing gear as well as theestablishment of closed seasons and size limits;

(b) prescribing the criteria and conditions for theallocation or distribution of total allowablecatch;

(c) measures for the licensing, authorization orregistration in respect of any vessel or class orcategory of vessels to be used for fishing,related activities or any other purpose pursuantto this Act, including the form, issuancerequirements, grounds for denial, terms andconditions and fees, charges, royalties andother forms of compensation related to suchlicensing, authorization or registration;

(d) providing for the installation and use of vesselmonitoring systems on an individual vessel ora category of vessels authorized to fish underthis Act;

(e) the appointment and maintenance of anappropriate procedure for agents appointed toreceive and respond to process pursuant to thisAct;

(f) setting out the requirements for providingdetails of the beneficial ownership of vesselsfor the catching, loading, landing, handling,transshipping, transporting, possession ordisposal of fish;

(g) for the import and export of fish, including livefish;


(h) prohibiting the use of driftnets, bottom trawlingand shark finning;

(i) requiring the provision of statistical and otherinformation related to fisheries;

(j) regulating or prohibiting fishing for certainstocks or specie needing special attention;

(k) the requirements for the process of developmentand the contents of any management plan andthe procedures to be followed in theirimplementation;

(l) prescribing penalties and sanctions for offencesunder this Act and the Regulations;

(m) prescribing any other matter which is requiredor authorized to be prescribed under this Act;

(n) related activities on the high seas;

(o) the operation of fishing vessels or any othervessel which may fish on the high seas;

(p) the use and protection of fishing gear andequipment, including fish aggregating devices;

(q) licensing for fishing and other activities fallingwithin this Act;

(r) pollution or the environmental quality of thehigh seas;

(s) fisheries monitoring, control and surveillanceof fishing vessels as well as economic operators;

(t) prescribing the powers and duties of personsengaged in the administration or enforcement

of this Act and providing for the carrying outof those powers and duties;

(u) compliance by fishing vessels which engage infishing on the high seas with applicable laws ofother States or regional fisheries managementorganizations or arrangements or fisheriesmanagement agreement;

(v) issuing fishing vessel circulars to effect theimplementation of conservation andmanagement measures for the effectivemanagement and control of high seas fisheriesand any other measures that may be requiredunder international treaties to which Belizesubscribes;

(w) prescribing the jurisdiction of the courts for thepurpose of this Act and other evidential matters;

(x) providing for the sale, release and forfeiture ofretained property;

(y) prescribing any other matter to carry out thepurposes and provisions of this Act.

(2) Such regulations may provide that anycontravention or breach thereof shall be punishable byOrder of the Registrar with a fine not exceeding threemillion dollars.

(3) All regulations made by the Registrar underthis section shall be laid before the National Assembly assoon as may be after the making thereof and shall be subjectto negative resolution.


PART IX - GENERAL

51.Unless otherwise stipulated under this Act,contravention of any provision of this Act is an offencepunishable in accordance with the Sanction Regulations.

52.Subject to the Belize Constitution, whenever theprovisions of this Act or of any Order, rule or regulationmade under this Act are in conflict with any other law,rule or regulation relating to the management of high seasfishing and related matters, the provisions of this Act andany Orders, Rules or Regulations made under this Actshall prevail.

53.The Director shall make such arrangements as maybe appropriate to enable him to exchange information,including evidentiary material, with other States that areparties to the Compliance Agreement so as to betterimplement the objects of the Agreement.

54. (1) The Registrar may, in relation to any particularmatter or class of matter, by writing under his hand delegateto the Director any of his powers under this Act, exceptthe power to make regulations.

(2) Every delegation under this section shall berevocable at will, and no delegation shall prevent theexercise of any power by the Registrar.

55. (1) Upon the commencement of this Act, the HighSeas Fisheries Act, 2003 shall stand repealed.

(2) All Regulations, By-laws, Rules, Orders and othersubsidiary legislation made under the repealed Act, to theextent that they are not inconsistent with this Act, shallcontinue in force after the commencement of this Act, untilrepealed by Regulations, By-laws, Rules, Orders and othersubsidiary legislation made under this Act.

56.This Act shall come into force on a day to beappointed by the Minister by Order published in theGazette.

GeneralOffence andPenalty.

Conflict ofLaws.

Exchange ofInformationwith otherStates.

Powers todelegate.

Repeal andSavings.

Printed in Belize by the Government Printer

Commencement.


No. 3of 2003.

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high seas fishing NOVEMER 5, 2013 - BHSFU

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