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Government of the British Virgin Islands


Plans>   NIDS>  Background Papers>  Fisheries Development in the BVI - Section 5 


NATIONAL INTEGRATED DEVELOPMENT STRATEGY

 Fisheries Development in the BVI
Emerging Issues
(continued)


5.0  LEGISLATIONS, ENFORCEMENT AND SURVEILLANCE

The BVI’s Fisheries Ordinance was enacted in 1979 with provisions for the protection, regulation and control of products of the sea. Subsidiary regulations have also been enacted one of which is the Virgin Islands Protected Areas Order of 1990, which prohibits the removal of marine products as well as the anchoring of vessels within a protected area. Under this order the Horseshoe Reef, Anegada was declared a fisheries protected area in May 1990. A summary of domestic legislations and international conventions of relevance to the fisheries sector is given in tables 5.1 and 5.2

The ratification of the United Nations Convention on the Law of the Sea (UNCLOS) in 1982 has necessitated a review of the existing fisheries ordinance. The convention, which came into force 16th November 1994, provides for the establishment and enforcement of regulations to guarantee efficient utilization of marine resources within the 200 miles EEZ of the Party States. To bring the Territory in tune with changing legislation in the OECS and other States, new fisheries legislation is under consideration.

The draft Fisheries Act 1996, has been designed comprehensively to address issues relating to conservation of resources, regulatory and management techniques and enforcement. Particular emphasis is on

  • registration and licensing of local and foreign fishing vessels
  • regional and access arrangements
  • fish processing establishments
  • conservation measures
  • enforcement and legal proceedings

5.1 Surveillance and Enforcement:

Fisheries surveillance and enforcement are currently undertaken in conjunction with the police marine patrol and have a much lower priority than smuggling and custom duties. The draft 1996 Fisheries Act provides for a more extensive vessel licensing regime and monitoring of catches. The capacity of the fisheries unit to conduct adequate surveillance and to enforce these laws is limited by availability of manpower and trained personnel. The small patrol boat in use now cannot be used in rough sea conditions and is not equipped for offshore navigation. Future duties would require investments in equipment, a patrol boat and trained personnel.

Table 5.1 
Domestic Legislations Relating to the Fisheries Sector   

Name of Legislation

Date               Enacted

Main Provisions

Enforcement Agency

Status

FISHERIES ORDINANCE [CAP.84]

1979

(as amended ) 1980
1982
1987

-     Provides for the protection, regulation and control of products of the sea.

-     Authorizes the Minister of Natural Resources to declare any water within the EEZ [Exclusive Economic Zone (200mls.)] to be a protected area.

-     All fishermen must obtain licenses, and fisheries officers’ are empowered to confiscate fishing equipment and impose fines.  

Conservation and Fisheries Dept The ordinance is regularly reviewed and regulations required for its enforcement enacted. Presently, the ordinance is being updated and a draft “Fisheries Act 1996” is under consideration.  
Subsidiary Regulations

(a) Statutory Fisheries Rules

 

1982

 

-     Regulates the use of fishing equipment's in the harvesting of Lobsters and describes prohibited methods of fishing etc

-     Provides for the licensing of fishing boats

 

Conservation and Fisheries Dept.

(b) Virgin Islands Protected Areas Order.

 

1990

 

 

1996

-     Prohibits the removal of marine products within the protected area other than under authority.

-     Prohibits the anchoring of any vessel with the protected area except under authority.

-     Declared Horseshoe Reef as a protected area in May 1990.

-     Declared Frenchmans Cay a fisheries protected area in 1996

Conservation Fisheries Dept.

 

 

 

 

National Parks Trust

(c) Marine Products
(Prohibited Methods of Taking) Order.

1989

-     Prohibits the use of SCUBA gear to harvest any marine products within the exclusive fishing zone.

FISHERIES ACT [NO.4] March 10 1977

-    Establishes fisheries zone contiguous to the territorial sea of

-     The British Virgin Islands.  

 

Conservation and Fisheries Dept.  

 

This has been updated and incorporated into the Fisheries Ordinance of 1979.  

TURTLES ORDINANCE
 [CAP. 87 ] 

 

1959

 

( as amended )

 

1986

1987  

 

-    Makes provision for the protection of Leatherback Turtles.

-     It protects all species of sea turtles during a closed season from April 1 – Nov. 30, during this time it is unlawful to catch, take, slaughter, sell or posses any turtle or turtle products, or take the eggs of any turtle species.

-     Prohibits the use of spearguns to harvest any marine products within the 10-fathom line of Anegada.  

 

Conservation and Fisheries Dept.  

MARINE PARKS AND PROTECTED AREAS ORDINANCE

[ CAP. 85 ]  

 

1979

-    Allows for the establishment of protected areas including multiple use management areas ( marine parks ) and empowers the National Parks Trust with their management.

-    Lists the following activities as an offence; spear fishing, removal of objects or willful damage to flora and fauna.  

National Parks Trust  

Regulations enacted in 1991.

In 1980 North of Peter Is was proclaimed a marine park. ( Wreck of the Rhone )

Salt Island and Dead Chest

 

Reciprocal Fisheries Agreement UK and USA   March 27 1979

TABLE 5.2 
ENVIRONMENTAL LEGISLATIONS  -  INTERNATIONAL CONVENTIONS AND AGREEMENTS

WHICH RELATE TO THE FISHERIES SECTOR 

Name of Legislation Date Adopted Main 
Provisions 
Date of 
Entry Into
Force
Country's Date
of Entry Into
Force
Date of Ratification General Remarks 
Focal Point / Implementing Agency
United Nations Convention on the Law of the Sea (UNCLOS )

Dec. 10 1982

 

-     Provides for the establishment of 200mls. Exclusive Zone (EEZ) and enforcement of regulations to guarantee efficient utilization of marine resources.

Nov. 16 1994   1995 The domestic legislation required to enforce this Convention is proposed as the High Seas Fishing Act. 1996 
FAO Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas.            Nov. 24 1993

-     Ensures increasing clarity in the arrangement for vessels registered and licensed for fishing on the high seas. 

   

Dec. 6 1995

 

Ministry of Natural Resources and Labor

Conservation and Fisheries Dept.

Agreements on Implementation of the UN. Convention on the Law of the Sea (UNCLOS) Relating to the Conservation and Arrangement of Straddling Fish Stocks and Highly Migratory Fish Stocks Aug. 4 1995

  -  To conserve and manage those species of fish that inhabit seas both within and outside national fish stocks. Highly migratory fish stocks are species such as Tuna, Swordfish, Marlin, which range widely across the oceans. 

 

    Nov. 1995

Ministry of Natural Resources and Labor

Conservation and Fisheries Dept.

 

Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (Cartagena Convention)   

March 24 1983

-     Lists the sources of pollution, which require control from i.e. pollution from ship dumping, land-based sources and seabed activities.

 -    Identifies environmental management issues, for which cooperative effort are to be made, especially protected areas, environmental impact assessment, liability, compensation, scientific and technological cooperation.    

 -    Establishes rules and procedures for the determination of liability and compensation foe damage resulting from pollution of the Convention area.  

 

Oct. 11  198 6        

 

 

 

Feb.  28  1986

 

MNR&L

2 protocols shores have been adapted to date the 3rd protocol is a control of pollutants from land based sources.

 

Protocol Concerning Specially Protected Areas and Wild life in the Wider Caribbean Region (SPAW Protocol of the Cartagena Convention)

 

Jan. 18 1990

-     It obligates contracting parties to take necessary measures to protect, preserve and manage in a sustainable way area that require protection to safe guard their special value and threatened and endangered species of flora and fauna.

    1990 This could be used in this support of mangrove plans. This is a need for putting in placed local regions for protected areas.

Convention on International Trade in Endangered Species of Wild Faun a and Flora

( CITES )

 

March 3 1973

 

as amended

June 22 1979

April 30 1983 

 

-    Provides for regulation of international trade in wild species, in particular prohibiting trade in species considered threatened or likely to become so. 

July 1 1975

April 13 1987

not yet in force

 

 


Oct. 31 1976

 

MNR&L / CFD
Report

 

Convention on the Conservation of Migratory Species of Wild Animals (BONN Convention)

 
1979

-     Provides for appropriate management of migratory species that are threatened, or otherwise have an unfavorable conservation status, particularly through international agreement between range states.  

       

RAMSAR Convention on Wetlands of International Importance especially as Waterfowl Habitat.  

 

Feb. 2 1971  

 

-     Considered the fundamental ecological functions of wetlands as regulators of water regimes and as habitats supporting characteristics flora and fauna especially waterfowl.    

Requires contracting parties to designate suitable wetlands within its territory for conclusion in a list of Wetlands of international importance.

Allows for the formulation and implementation of plans to promote the conservation of the wetlands in the lists.  

Dec. 21 1975

 

Date of entry force into the B.V.I

15/6/1991  

 
  Feb.  13 1991  

MNR&L  National Parks

-    Obligated to include wetland consideration in National Land use planning.

-     Designated at least one wetland site for inclusion a list of wetlands of international importance.

-     Promote conservation of wetlands through establishment of nature reserves.  

 

RAMSAR Protocol to Amend the Convention on Wetlands of International Importance as Waterfowl Habitat.

Dec. 12 1982  

-     Provides for inclusion in the Convention of an article 10, which defines a mechanism for amending the Convention.  

 
Oct. 1 1986    

April 19 1984  

 

-     Any National Reports

-     Designated wetlands

-     Importance for mangroves management.

World Heritage Convention (Convention on the Protection of the World Cultural and Heritage)   Nov. 16 1972  

-     Provides for parties to integrate the protection of their heritage into comprehensive planning programs involving scientific, technical, legal, administrative and financial steps.

-     Provides for the establishment of a World Heritage Committee and a World Heritage Fund

 

Dec. 17 1975

 

* Aug. 29 1984  

 
  1993

MNR&L

National Parks Trust

Parks and protected areas systems plan for the B.V.I - few have been declared - promote the declaration and management of those identified areas.  

 
Convention on Biological Diversity  

June 1992  

 

-      Provides for the development of plans or programs for the conservation of biological diversity, and sustainable use of its components.  

       

United Nations Framework Convention on Climate Change

 
June 1992 

-     Provides measures for the reduction in the emission of greenhouse gases to a level that would prevent dangerous anthropogenic interference with climate change.  

March 21 1994        
International Convention to Combat Desertification in those Countries Experiencing Serious Drought and/ or Desertification particularly in Africa  

Oct. 15 1994  

 

-     Provides for an integrated approach to addressing the physical, biological, and semi-economic aspects of the process of desertification and drought.

-     Provides for the integration of strategies for poverty eradication into efforts to combat desertification. 

 
Not yet force     Not yet ratifie d   MNR&L  /CFD /DOA  

Vienna Convention for the Protection of the Ozone Layer  

 
March 22 1985  

-     Requires Parties to cooperate in research concerning substances and processes that modify the ozone layer.

-     Allows for cooperation in formulation and implementation of measures to control activities that result in the modification of the ozone layer.

-     Provides for exchange of scientific, socio- economic, commercial and technical information.  

 
Sept. 22 1988        
Montreal Protocol on Substances that Deplete the Ozone Layer   Sept. 16 1987  

-    Prohibits the manufacture of, and control importation and exportation of Ozone depleting substances such as CFC’s and Halons, and of products containing or made with those substances.  

Jan. 1  1989

 

 

*Sept. 16 1978  

 
  Dec. 16  1988  

National draft legislation.

Drafted Ozone Layer project legislation is still to be enacted  

 
Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal   March 22 198          
International Convention on Civil Liability for Oil Pollution damage  

Nov. 29 1969

( as amended )

Nov. 19 1976

May 25 1984  

 

-    States that the owner of a ship at the time of an incident causing oil pollution damage shall be liable for any damage caused.

-     Allows for establishment of contributory liability on part of the plaintiff.

-    Requests ships carrying over 2,000 tons of oil as cargo to maintain insurance.  

 

June  19 1975

 

 

 

April 8 1981

 

*April  1 1976  

 
     
International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties   Nov. 29 1969

-    Provides for Parties to take such measures on the High seas as maybe necessary to prevent, mitigate or eliminate danger to their coastline or related interests form pollution or threat of pollution of the sea by o il. 

May  6  1975

 

*Sept.  8 1982  

 
     

Protocol Concerning Cooperation in Combating Oil Spills in the Wider Caribbean

( Protocol related to the Cartagena Convention )  

 
March 24 1983  

-    Requires contracting parties to cooperate to take preventable and remedial measures for the protection of the marine and coastal environment of the wider Caribbean region, particular, coastal areas of the Islands of the region from oil spill incidents and to cooperate in maintaining and promoting contingency plans.

-     Established, maintain or ensure the establishment maintenance of the means to respond to oil spill incidents by

(1)enactment of relevant legislation  

 

Oct.  11  1986

Already in force

Oct.  22  1987

B.V.I extended  

 
    National Oil Spill Contingency Plan has been prepared for the B.V.I.  
Protocol Relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other than Oil Nov. 11 1973  

-     Enables Parties to take measures as are necessary on the high seas to prevent, mitigate or eliminate grave and imminent danger to their coastline or related interests from pollution or the threat of pollution by substances other than oil following a maritime casualty.

-     Allows for the establishment of a list of substances.

 

March 30 1983

 

* March 30 1983B.V.I.  

 

   

MNR&L / CFD

 

International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage  

Dec. 18 1971

 

( as amended )

Nov. 19 1976

May 25 1984  

 

-     Provides for the establishment of and international oil pollution compensation fund.

-    Allows compensation to be paid by the to any person suffering pollution damage.  

 

Oct. 16 1978

 

*Oct.  16 1978  

 

     
International Convention for the Prevention of Pollution from Ships  

Dec. 18 1971

( as amended)

Nov. 19 1976

May 25 1984  

 

-     Enforces and administers the detailed provisions in the attached annexes I-V, the Protocol on Intervention on the High Seas in Cases of Marine Pollution by substances other than Oil, and protocols I and II,

a.   Protocol I contains provisions concerning reports on incidents involving harmful substances.

b.   Annex I contains regulation for the prevention of pollution by oil.

c.    Annex II contains regulations for the control of pollution by noxious liquid substances in bulk.

d.   Annex III contains regulations for the prevention of pollution by harmful substances carried by sea in packaged forms.

e.    Annex IV contains regulations for the prevention of pollution by sewage from ships.

f.    Annex V contains regulations for the prevention of pollution by garbage from ships.  

   

May  22 1980  

 

 
Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships  

Feb. 2 1978

 

( as amended )

March 15 1985  

 

-     Modifies various provisions of the 1973 London Convention and n particular  its annex

-     Postpones the entry into force of annex II of the Convention for a period of three years.  

 

Oct. 2 1983     Oct. 2 1983  
Convention on the Prevention of Marine Pollution by Dumping of wastes and Other Matter  

Dec 18 1972

 

( as amended )

Oct. 12 1978

Sept. 24 1980  

 

- Covers all areas and all deliberate disposal of wastes other than that incidental to the normal operation of ships and aircraft.

- Parties are encouraged to establish authorities to issue permits, keep records and monitor the conditions of the seas.  

 

Aug. 30 1975     Dec. 17 1975   BVI not included in UK ratification, however local legislation exists as Environment Protection     ( Overseas Territories ) Order 1988  
Treaty on the Prohibition of the Emplacement of Nuclear Weapons of Mass Destruction on the Seabed and the Ocean Floor and in the Subsoil thereof Nov. 11 1971  

-    Compels Parties to undertake not to place on the seabed, on the ocean floor or in the subsoil, nuclear weapons or other weapons of mass destruction, storing, testing or using such weapons.  

May 18 1972     May 18 1972    

5.3 Licensing:

Under the Statutory Fisheries Rules of 1981, fishing boats must be licensed to operate within BVI waters. The Conservation and Fisheries Dept. / Min. of Natural Resources and Labor presently licenses boats and issues fishing permits. The licenses and permits required are:

TYPES FEE US $

  • Commercial fishing boat license 10.00
  • Big game sport fishing boat license 200.00
  • Pleasure fishing boat license 25.00
  • Temporary pleasure fishing permit 10.00

Non- belongers pay an extra $20.00 except on temporary fishing permits.
Table 5.3 gives a summary of fishing licenses issued from 1990 – 1996.

TABLE 5.3
DISTRIBUTION OF LICENSES ISSUED FROM 1990 - 1995

TYPE OF LICENSE

NUMBER

1990

1991

1992

1993

1994

1995

TOTAL

COMMERCIAL FISHING /
TEMPORARY FISHING PERMIT

99

93

92

132

42

98

556

SPORT FISHING

65

35

39

20

9

24

192

PLEASURE FISHING

77

74

70

86

32

40

379

TOTAL

226

202

201

238

83

162

1112

%

20.3

18.2

18.1

21.4

7.4

14.6

.

The decreasing number of boats licensed is a reflection of the non-compliance of fishermen with this requirement. The ability of the CFD to enforce the law is hampered by inadequate data and patrol boat capabilities. Compliance could be improved by extending such government incentives as tax reduction on fishing equipment and use of facilities only to licensed boats.

The proposed 1996 Fisheries Act, placed particular emphasis on registration and licensing of vessels. Part II sections 17 – 26, lists the requirements for registration and licensing of local fishing vessels, while Part III sections 27 – 31, deals with registration and licensing of foreign fishing vessels. In line with these requirements, and to adequately harness the revenue earning potential of this process, new licensing fees have been proposed by the Department. This is expected to remove the constraints observed in the present process, such as classification of vessels in terms of size / engine capacity, usual place of mooring, fish species targeted and landing of catches.

PROPOSED NEW FISHING LICENSE FEES

 1.  Commercial Fishing License

    Type A vessel: $20 vessel - $10 Captain / owner $5 per crew
    Type B vessel: $50 vessel - $10 Captain / owner $5 per crew
    Type C vessel: $125 vessel - $10 Captain / owner $5 per crew

2.  Pleasure Fishing License

    Pleasure fishing vessel: Local / Belonger $45; $10 Captain / Owner
    Pleasure fishing vessel: Resident / Non-Belonger $75; $10 Captain / Owner;
    $10 per Visitor
    Foreign based pleasure fishing vessel: $125; $10 Captain / owner;
    $10 per Visitor

3.  Sport Fishing License

Sport fishing vessel BVI based: $200
Sport fishing Vessel foreign based: $2,000; $25 per person / entry

4. Fishing Tournament License

BVI based fishing tournament: $50 per vessel
Foreign based fishing tournament: $5,000 tournament license;
$25 person / entry

 Note: Pleasure fishing permits to be specific in terms of target species, type of fishing, bag limit and permit duration. Tournament license to be specific in terms of target species, recognition for catches in territorial waters, catch and release requirements, license duration and a policy of boarded fish being landed in the BVI.

 

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