Gazette May 12, 2025 Part A VOL. CLX No. 45 with Acts #9, 10, 11

HEALTH SERVICES (AMENDMENT) ACT, 2025-9

Arrangement of Sections

1. Short title
2. Amendment of section 2 of Cap. 44
3. Repeal and replacement of section 3 of Cap. 44
4. Amendment of section 10 of Cap. 44
5. Amendment of section 11A of Cap. 44
6. Repeal and replacement of section 11B of Cap. 44
7. Amendment to certain enactments

SCHEDULE
Consequential Amendments

BARBADOS

I assent
J. GIBSON
Acting President of Barbados 5th May, 2025.

2025-9

An Act to amend the Health Services Act, Cap. 44 to make provision for the imposition of administrative penalties and the removal and sanitary disposal of offensive matter.

[Commencement: 12th May, 2025] ENACTED by the Parliament of Barbados as follows:

Short title
1.
2025.

This Act may be cited as the Health Services (Amendment) Act,

Amendment of section 2 of Cap. 44

2. Section 2 of the Health Services Act, Cap. 44, in this Act, referred
   to as the principal Act, is amended by
   (a) deleting the definition “district” and substituting the following:

“ “district” means a health district established by the Minister within an area under section 3;”;

(b) deleting the definition “Minister”;
(c) deleting the full stop at the end of the definition “National Assistance Board” and substituting a semi-colon; and
(d) inserting the following definitions in the appropriate alphabetical order:

“ “Chief Medical Officer” means the person assigned to the post of Chief Medical Officer, Ministry of Health and Wellness, as established in the Public Service (General) Order, 2020 (S.I. 2020 No. 41);
“filth” includes any decomposing animal matter and vegetable matter;
“Medical Health Officer” means the person assigned to the post of Medical Officer of Health, Ministry of Health and Wellness, as established in the Public Service (General) Order, 2020 (S.I. 2020 No. 41);
“night soil” means human excreta;

“offensive matter” includes filth, animal excreta and night soil;
“Relief Board” means the Land Taxation Relief Board established by section 18 of the Land Tax Act, Cap. 78A . ”.

Repeal and replacement of section 3 of Cap. 44

3. The principal Act is amended by deleting section 3 and substituting
   the following:

“Minister to be responsible for health of inhabitants of Barbados and may divide Barbados into areas and districts.

3.(1)

The Minister shall generally be responsible for the

promotion and preservation of the health of the inhabitants of Barbados.
(2) The Minister may by order
(a) divide Barbados into such areas as he may determine;
(b) establish such health districts within any area; and
(c) assign duties to such officers in relation thereto as he thinks necessary,
to facilitate the preservation of the health of the inhabitants of Barbados.
(3) The order made under subsection (2) shall be subject to negative
resolution. ”.

Amendment of section 10 of Cap. 44

4.
(a)

Section 10(1) of the principal Act is amended by deleting paragraph (u) and substituting the following:

“(u) respecting
(i) the interment of the dead;
(ii) the entry of dead bodies into Barbados;
(iii) the use of dead bodies for the teaching of anatomy to medical students and the final disposal of those bodies;
(iv) the inspection of undertaking establishments, morgues, crematoria and other places used in connection with the preparation, transportation and disposal of dead bodies; and
(v) the disposal of dead bodies abandoned at health services institutions; ”; and

(b) inserting immediately after paragraph (y) the following paragraph:

“(y.1)annexing to the contravention of or failure to comply with regulations made under section 10(1)(f) of the Health Services Act, Cap. 44 an administrative penalty. ”.

Amendment of section 11A of Cap. 44

5. Section 11A of the principal Act is amended by deleting subsection
   (3) and substituting the following:

“(3)

Where any

(a) costs incurred in the execution of work on property; or
(b) administrative penalty imposed, for the contravention of or failure to comply with regulations made under section 10(1)
(f) of the Health Services Act, Cap. 44,

is due to the act or omission of the owner of that property it shall be a charge on that property and be added to the land tax imposed under section 5(2) of the Land Tax Act, Cap. 78A.
(4) Where any
(a) costs incurred in the execution of work on property; or
(b) administrative penalty imposed, for contravention of or failure to comply with regulations made under section 10(1)
(f) of the Health Services Act, Cap. 44,
is added to land tax under subsection (3) it shall be subject to the penalty and interest payable under section 28(3) of the Land Tax Act, Cap. 78A.
(5) Where any
(a) costs incurred in the execution of work on property; or
(b) administrative penalty imposed, for contravention of or failure to comply with regulations made under section 10(1)
(f) of the Health Services Act, Cap. 44,
is due to the act or omission of an occupier of that property it shall be a debt to the State recoverable in the Magistrate’s Court for District A.
(6) Where there is a dispute between the owner of property and an
occupier of property in relation to the act or omission which results in any
(a) costs incurred in the execution of work on property; or
(b) administrative penalty imposed, for contravention of or failure to comply with regulations made under section 10(1)
(f) of the Health Services Act, Cap. 44,
the Relief Board shall hear and determine the dispute.”.

Repeal and replacement of section 11B of Cap. 44

6. The principal Act is amended by deleting section 11B and
   substituting the following:

“Appeal
11B.(1)

The owner or occupier of any property upon which work is

executed by the Minister may within 42 days after receipt of the demand for repayment of costs incurred in the execution of work under section 11A, appeal to a Judge in chambers against the costs of any such work.
(2) The owner or occupier of any property upon which an
administrative penalty is imposed, for contravention of or failure to comply with regulations made under section 10(1)(f) of the Health Services Act, Cap. 44 may within 14 days of receipt of an administrative penalty notice appeal to the Relief Board. ”.

Amendment to certain enactments

7. The enactments set out in the first column of the Schedule are
   amended in the manner set out opposite thereto in the second column.

SCHEDULE

(Section 7)

CONSEQUENTIAL AMENDMENTS

Column 1

Enactments

Land Tax Act, Cap. 78A

Column 2

Amendments

Insert after section 27, the following section:

“Appeals in respect of Health Services (Nuisances) Regulations

27A. The Relief Board shall hear and determine appeals made pursuant to regulations made under section 10(1)(f) of the Health Services Act, Cap. 44 in accordance with section 10(1)(y.1) of the Health Services Act, Cap. 44.”.

SUSTAINABLE FISHERIES MANAGEMENT AND DEVELOPMENT ACT, 2025-10

Arrangement of Sections PART I PRELIMINARY

1. Short title
2. Interpretation
3. Application
4. Act binds the State

PART II ADMINISTRATION

5. Responsibilities of Minister
6. Functions of Minister
7. Functions of the Chief Fisheries Officer

PART III
FISHERIES ADVISORY COUNCIL

8. Establishment of Fisheries Advisory Council

PART IV
FISHERIES MANAGEMENT AND DEVELOPMENT

9. Management objectives
10. Management plan
11. Content of management plan
12. Submission of management plan
13. Approval of management plan
14. Amendment to management plan
15. Review of management plan
16. Compliance with management plan
17. Withdrawal of the management plan
18. Protection of endangered species
19. Notification of fisheries agreements

PART V
DATA AND INFORMATION

20. Supply of data and information
21. Confidentiality of data and information
22. Fisheries sector census questionnaire

PART VI
FISHING GEAR AND FISHING METHODS

23. Prohibited fishing gear and fishing methods
24. Seizure of prohibited fishing gear
25. Certificate of the cause and manner of death or injury of fish
26. Prohibition of damage, destruction or interference with fishing gear
27. Stowage of gear

PART VII
MARINE ENVIRONMENTAL PROTECTION FROM FISHERIES ACTIVITIES

28. Prohibition on polluting fishing area
29. Design of fishing vessels and pollution prevention equipment
30. Discharge of pollutants
31. Discharge of ballast water
32. Hull scraping and cleaning
33. Anti-fouling paints
34. Vessel repair facilities
35. Discharge permits
36. Fish waste reception facilities
37. Duty to report discharges
38. Environmental related inspections
39. Regulating translocation of live fish
40. Coral reef damage

PART VIII
CONTROL OF POLLUTION BY FISHING GEAR

41. International requirements to be complied with
42. Fishing gear pollution preventive measures
43. Fishing gear pollution mitigative and remedial measures

PART IX COLLABORATION

44. Collaboration with development partners
45. Prohibition on the taking of fish or fish products contrary to law

PART X OBSERVERS

46. Fisheries observer
47. Duties of owner of the vessel or facility in which a fisheries observer is placed
48. Confidentiality of the data and information collected by the fisheries observers
49. Conditions for observers
50. Notice of intention to place fisheries observers

PART XI
FISHING VESSEL SURVEYS AND CERTIFICATION
Fishing Vessel Surveys

51. Surveys of fishing vessels

Certificate of Seaworthiness

52. Certificate of seaworthiness: initial fishing vessel surveys
53. Certificate of seaworthiness: renewal fishing vessel surveys
54. Annual fishing vessel surveys

Work-in-Fishing Compliance Certificate

55. Work-in-fishing compliance certificate: initial fishing vessel surveys
56. Work-in-fishing compliance certificate: renewal fishing vessel surveys
57. Requirement for certificates: annual fishing vessel surveys

Fishing Vessel Energy Efficiency Certificate

58. Requirement for certificates: initial fishing vessel surveys
59. Requirement for certificates: renewal fishing vessel surveys
60. Requirement for certificates: annual fishing vessel surveys
61. Fishing vessels without energy specific equipment, fittings, etc.
62. Survey certificates to be accompanied by surveyor’s report
63. Deficient fishing vessel: procedure to be adopted
64. Approved marine surveyors of the Fisheries Division
65. Unscheduled surveys
66. Fraudulent surveys

PART XII
REGISTRATION OF BARBADOS FISHING VESSELS
Registration of Barbados Fishing Vessels engaged in Fishing or Related Activities

67. Registration of Barbados fishing vessels
68. Barbados fishing vessel register
69. Classes of Barbados registered fishing vessels
70. Naming of Barbados fishing vessels
71. Application for registration
72. Registration of a fishing vessel
73. Certificate of registration
74. Validity of a certificate of registration
75. Identification and marking of fishing vessel
76. Display of certificate of registration
77. Replacement of certificate of registration
78. Suspension or cancellation of registration
79. Qualification for provisional registration
80. Application for provisional registration
81. Certificate of provisional registration
82. Construction certificate of registration

Vessel Monitoring Device or Equipment

83. Registered fishing vessels to carry vessel monitoring equipment
84. Master to give notice of non-functioning vessel monitoring device or equipment
85. Tampering with the vessel monitoring device or equipment

PART XIII
REGISTRATION OF FOREIGN FISHING VESSELS IN BARBADOS

86. Application

Registration of Foreign Fishing Vessels

87. Register of foreign owned Barbados registered fishing vessels
88. Inspection of foreign fishing vessel
89. Registration of a foreign fishing vessel

PART XIV

REGISTRATION OF INTERNATIONAL SEA-GOING FISHING VESSELS

90. Application under this Part
91. Barbados international fishing vessel registry programme
92. Barbados international fishing vessel registry co-management arrangements
93. Registrar of International Sea-going Fishing Vessels
94. Register of international sea-going fishing vessel
95. Foreign vessel to be registered
96. Registration of international sea-going fishing vessels
97. Refusal and termination of registration
98. Vessels eligible to be documented and re-documented
99. Fishing vessels not to be documented
100. Certificate of registry for international sea-going fishing vessels
101. Conditions precedent to issuance of permanent certificate of registry for international sea-going fishing vessels
102. Oaths
103. Numbering of certificates of registry for international sea-going fishing vessels
104. Conditions precedent to issuance of provisional certificate of registry
105. Conditions precedent to issuance of fishing vessel construction certificate
106. Surrender and cancellation of registry
107. Names, numbers and marks on international sea-going fishing vessels
108. Persons qualified to own Barbados international sea-going fishing vessels
109. Barbados connection and majority interest
110. Form of mortgages

Mortgages

111. Subsisting mortgages on fishing vessels no longer registered
112. Subsisting mortgages on fishing vessels registered
113. Priority of a subsisting mortgage
114. Deletion of a registered mortgage
115. Notice of intended mortgage
116. Application of 1993 Convention on Maritime Liens and Mortgages

General

117. Applicable IMO Conventions
118. Applicable FAO Instruments
119. Standards of training, certification and watchkeeping for fishing vessel personnel
120. Maritime labour protection
121. Seafarers in fishing
122. International vessel safety standards

PART XV
REGISTRATION OF FISH PROCESSING ESTABLISHMENTS

123. Fish processing establishments to be registered
124. Register of fish processing establishments
125. Application for registration of a fish processing establishment
126. Certificate of registration of a fish processing establishment

PART XVI LICENCES
Barbados Fishing Vessel Operators’ Licence

127. Prohibition of fishing without a Barbados fishing vessel operators’ licence
128. Application for a Barbados fishing vessel operators’ licence
129. Issuing and renewing a Barbados fishing vessel operators’ licence
130. Categories of Barbados fishing vessel operators’ licence

Commercial Fishing Licence

131. Prohibition of fishing without a commercial fishing licence
132. Application for a commercial fishing licence
133. Issuing or renewing a commercial fishing licence

Recreational Fishing Licence

134. Prohibition of recreational fishing without a recreational fishing licence
135. Application for a recreational fishing licence
136. Issuing or renewing recreational fishing licence

Foreign Fishing Vessel Licences

137. Foreign fishing vessel prohibited from fishing without licence
138. Exemption
139. Application for a foreign fishing vessel licence
140. Issuing of foreign fishing vessel licence

Commercial Aquaculture or Mariculture Facility Licence

141. Commercial aquaculture or mariculture facility to be licenced
142. Application for a commercial aquaculture or mariculture facility licence
143. Inspection of facility
144. Chief Fisheries Officer to grant or refuse to grant a licence

Special Licences

145. Special licences to be granted

Conditions of Licence issued under this Part

146. Licence conditions
147. Notification of changes to licences
148. Validity of licences
149. Licence management measures

PART XVII PERMITS
Permission to Conduct Fisheries Research

150. Prohibition on conducting fisheries research without permission
151. Exemption
152. Application to undertake fisheries-related research
153. Chief Fisheries Officer may grant or deny permission
154. Conditions of permit
155. Appeal of the decision of the Chief Fisheries Officer not to grant permission
156. Fish taken in course of fisheries-related research and survey operations
157. Offence of undertaking research

Designation of Fisheries Research Institution

158. Designation as an approved fisheries research institution
159. Approval of a fisheries research institution
160. Approved fisheries research institution to submit information
161. Confidentiality data and information submitted
162. Test fishing operations permit
163. Application for test fishing operations permit
164. Issuing a test fishing operations permit
165. Validity of test fishing operations permit

Permission for a Foreign Fishing Vessel to enter local Port

166. Designation of local ports
167. Permission for foreign fishing vessel to enter local port
168. Application for permission to enter a designated port
169. Exemption from the permission obligation
170. Granting permission to enter a designated port
171. Refusal to enter a designated port
172. Informing flag State of action being taken in respect of IUU fishing
173. List of vessels involved in IUU fishing
174. Permission to import and release a live fish
175. Application for permission to import or release live fish
176. Possession and trade in fish, fish product or other marine resources prohibited

Permission for Barbados Fishing Vessels to Fish on the High Seas

177. Prohibition of fishing on the high seas without a permit
178. Application for high seas fishing permit
179. Matters to be considered in granting a high seas fishing permit
180. Conditions for denying a high seas fishing permit
181. Conditions for high seas fishing permit
182. Validity of high seas fishing permit

Aquaculture or Mariculture Permits

183. Aquaculture or mariculture permits
184. Application for aquaculture or mariculture permit
185. Issuing aquaculture or mariculture permit
186. Special permits

Special Permits

PART XVIII
CONSTRUCTION, ALTERATION AND CONVERSION OF A FISHING VESSEL
Construction, Alteration and Conversion of a Fishing Vessel of Barbados

187. Barbados registered fishing vessels to meet prescribed standards
188. Construction, alteration and conversion of a Barbados registered fishing vessel
189. Authority to inspect a vessel under construction, alteration, conversion or importation
190. Suspension or withdrawal of permission to construct, alter, convert or import a fishing vessel
191. Owner to notify the Chief Fisheries Officer on completion of construction, alteration conversion or importation of a fishing vessel
192. Use of alternative fittings, materials, equipment or machinery
193. Maintenance of equipment and machinery
194. Exemptions
195. Notification of change of ownership
196. Notification of change in description of vessel
197. Loss or destruction of a Barbados registered fishing vessel or removal from service
198. Certificate of deletion
199. Notation in the register
200. Appeals

Certification of Fishing Vessel Builder

201. Certified fishing vessel builder
202. Fishing vessel builder’s certificate of competency
203. Application for fishing vessel builder’s certificate of competency
204. Issuing a fishing vessel builder’s certificate of competency
205. Production of fishing vessel builder’s certificate of competency
206. Suspension or revocation of certificate
207. Fishing vessel builder’s certificate of origin
208. Fraudulent fishing vessel builder’s certificate of origin

PART XIX BOAT YARD

209. Use of boat yard

PART XX
ABANDONED, DERELICT AND STRAY FISHING VESSELS

210. Abandoned and derelict fishing vessels
211. Reporting, abandoned, derelict or stray fishing vessels
212. Abandoned fishing vessels
213. Notice of fishing vessel abandonment
214. Removal and disposal of abandoned fishing vessel
215. Derelict fishing vessel
216. Notice of derelict fishing vessel
217. Removal and disposal of derelict fishing vessel
218. Fishing vessel neglect and unsafe conditions
219. Breaking of fishing vessels
220. Destruction of fishing vessels
221. Stray fishing vessel
222. Removal or disposal of stray fishing vessel

PART XXI
FISH QUALITY AND SAFETY

223. Competent authority
224. Sale or export of adulterated fish or fish products prohibited
225. Fish waste

PART XXII AQUACULTURE AND MARICULTURE

226. Adoption of aquaculture and mariculture policy
227. National Policy on aquaculture and mariculture

Aquaculture and Mariculture Management Plan

228. Adoption aquaculture and mariculture plan
229. Implementation of the plan
230. Preparation of the plan
231. Plan adoption, modification and revocation
232. Duration and periodic review of plan
233. Binding effect of plan
234. Withdrawal of plan
235. Contents of plan
236. Conformity of aquaculture and mariculture plan to policy

Aquaculture and Mariculture Investment Schemes

237. Entry into aquaculture and mariculture investment schemes
238. Binding nature of aquaculture and mariculture investment schemes
239. Validity of the scheme
240. Particulars of the scheme
241. Compliance requirements for parties to schemes
242. Scheme restrictions

Aquaculture and Mariculture Miscellaneous

243. Prohibition of engaging in commercial aquaculture and mariculture without a licence
244. Protection of the ecosystem and traditional access
245. Responsibility to report infectious diseases
246. Permission from the Chief Fisheries Officer to move fish
247. Chief Fisheries Officer to inspect and seize aquaculture or mariculture produce
248. Escapement: aquaculture and mariculture stock
249. Restricted use of drug and other chemical
250. Information on wild and genetically modified species
251. Interference with aquaculture or mariculture establishment prohibited
252. Transboundary aquatic ecosystems
253. Code of Practice for aquaculture and mariculture activities
254. Designated areas for acquaculture and mariculture

PART XXIII
CLIMATE CHANGE MITIGATION, ADAPTATION AND DISASTER RISK MANAGEMENT IN FISHERIES

255. Interpretation
256. Fisheries sector CCMADRM policy and plan
257. Binding effect of the CCMADRM Plan
258. Withdrawal of the CCMADRM Plan
259. Direct and indirect climatic impacts
260. Aims of the CCMADRM Policy and Plan
261. Climate change resilience building innovation
262. Incentives: climate change mitigation
263. Emissions reduction from fishing vessels
264. Climate change adaptation in fisheries sector

Disaster and Emergency Preparedness and Response in Fisheries

265. Natural disaster and emergency considerations fisheries sector

PART XXIV FISHERIES AND ENERGY

266. Green fishing schemes
267. Benefit sharing agreements
268. Benefit sharing agreements to accompany green fishing schemes

PART XXV GENDER IN FISHERIES

269. Gender equality, equity and diversity in fisheries programme
270. Gender reporting in fisheries
271. Gender in fisheries and nationally determined contributions
272. Collaboration with the Bureau of Gender Affairs

PART XXVI FISHERIES COOPERATIVE

273. Provision for the establishment of a fisheries cooperative
274. Main functions of the fisheries cooperative
275. Education of fishers on cooperatives

PART XXVII
CORPORATE SOCIAL RESPONSIBILITY

276. Corporate social responsibility action
277. Corporate social responsibility reporting
278. Implementation of a corporate watch and verification system
279. Incentives for companies that undertake corporate social responsibility in the local seafood industry

PART XXVIII
FISH AGGREGATING DEVICES

280. Fish aggregating devices management plan
281. Adoption and implementation of the FAD Management Plan
282. Binding nature of FAD Management Plan
283. Plan duration and periodic review
284. Withdrawal of a FAD management plan
285. FAD logbooks
286. Register of FAD locations
287. FAD registration and licensing
288. FAD registration and licensing fees

PART XXIX

FISHERIES, MARINE SPATIAL PLANNING AND MANAGEMENT

289. Fisheries specific marine spatial planning and management
290. Planning and management per fishery
291. Stakeholder collaboration

PART XXX
FISHERIES-SPECIFIC PAYMENT FOR ECOSYSTEM SERVICES SCHEMES
Economic Diversification of Fisherfolk through Payments for Ecosystem Services

292. Interpretation
293. Fisheries specific cash-for-conservation regimes
294. Payment for ecosystem services regime
295. Register of persons participating in the schemes
296. Fisheries specific PES scheme requirements
297. Approval of fisheries specific PES schemes
298. Pilot fisheries specific PES scheme

Scope of Fisheries specific PES Schemes

299. Fisheries specific PES schemes

PES Training

300. Training requirements for participants in PES schemes

Benefit Sharing under PES

301. Benefit sharing under PES

Sustainable Economic Initiatives in the Fishing Industry

302. Fishing industry sustainable economic development

PART XXXI
SEA MOSS CULTIVATION

Sea Moss Cultivation Programme and Participants

303. Barbados Sea Moss Cultivation Programme
304. Sea moss harvesting
305. Sea moss post harvest and production
306. Register of sea moss cultivation programme participants
307. Instruments and initiatives for sea moss programme participants
308. Reporting requirements
309. Restrictions on sea moss cultivation activities
310. Fishing for sea moss under a high seas fishing permit

Sea Moss Cultivation Regulation

311. Sea moss cultivation code of practice

PART XXXII
ILLEGAL, UNREPORTED AND UNREGULATED FISHING

312. IUU fishing
313. Vessels to which IUU fishing apply
314. Unreported fishing
315. Unregulated fishing activities
316. Information to be provided in advance by vessels requesting port entry
317. Inspection procedures in relation to IUU fishing
318. Reporting requirements for inspection results
319. Training of fishery protection officers engaged in IUU fishing inspections
320. IUU fishing beyond national jurisdiction
321. Duty of confidentiality in relation to IUU fishing
322. Penalties for illegal, unreported and unregulated fishing and related activities

PART XXXIII TRANSSHIPMENT OF FISH

323. Interpretation
324. Guidelines to prevent IUU fishing from fish transshipment activities
325. Authorization of transshipment of fish
326. Standard notification and reporting
327. Pre-event notification and verification
328. Post-event reporting
329. Follow up procedures
330. Monitoring
331. Data exchange and information sharing
332. Recognition of the special requirements of developing States

PART XXXIV

MARINE LIVING RESOURCES AND FISHERIES RELATED CRIME

333. Marine living resources crime

PART XXXV

SEAFOOD TRACEABILITY AND FRAUD PREVENTION IN FISHERIES

334. Development of fish catch documentation scheme
335. Record keeping traceability
336. Continuous data acquisition traceability
337. Online platform design
338. Requirements for handlers of fish and seafood products
339. Inter-regional cooperation mechanisms
340. Inter-regional cooperation: requirements in the harmonized minimum terms and conditions
341. Eco-labelling schemes for fish and other seafood products
342. Document fraud in fisheries
343. Offence of fish and seafood fraud
344. Establishing an agreed list of names of fish and other seafood
345. Harmonized fisheries information system base
346. Mandatory labelling requirements for fish and seafood products
347. Strengthening official food control systems
348. Food fraud in fisheries vulnerability assessment

PART XXXVI
FISHERY PROTECTION OFFICERS

349. Fishery protection officers
350. Identification of fishery protection officers
351. Duties of fishery protection officers
352. General powers of fishery protection officers
353. Powers of entry and search on land of fishery protection officers

PART XXXVII ENFORCEMENT

354. Power of authorized officer
355. Sale of perishable goods seized
356. Immunity of Chief Fisheries Officer and authorized officers
357. Assaulting the Chief Fisheries Officer and authorized officers
358. Offences committed onboard his vessel
359. Release of items on bond
360. Power of the Court of forfeiture and cancellation or suspension of licences
361. Presumptions
362. Onus of proof
363. Disposal of items forfeited
364. Offences committed outside national maritime areas
365. Power to inspect fishing vessels and their equipment, etc.
366. Powers of inspectors and law enforcement officers in relation to premises and fishing vessels
367. Improvement notices
368. Prohibition notices
369. References of notices to arbitration
370. Compensation in connection with invalid prohibition notices
371. Offences: improvement and prohibition notices
372. Detention of a fishing vessel
373. References of detention notices to arbitration
374. Compensation in connection with invalid detention of fishing vessel
375. Release of vessel or thing if no proceedings instituted
376. Security for release of the fishing vessel
377. Disposal of seized fish and other perishables
378. Protection from personal liability
379. Offences not specifically provided for

PART XXXVIII FISCAL ARRANGEMENTS

380. Services

Fees

381. List of fisheries services and fees
382. Marine living resources royalties

PART XXXIX FISHING VESSEL ACCIDENTS

383. Enquiry into fishing vessel accidents
384. Assistance to be rendered to collision

PART XL
FISHERIES DISPUTE SETTLEMENT

385. Fisheries dispute settlement tribunal
386. Labour supplying State jurisdiction of Barbados
387. Labour supply State dispute settlement option
388. Flag State fisheries labour dispute settlement option
389. Dispute settlement jurisdiction clauses in fishers’ agreements
390. Non-Barbados fishers: fisheries labour dispute settlement options
391. Protection of fisher against discrimination

PART XLI FISHERIES AND TOURISM

392. Sustainable fish tourism plan
393. Ambit of the local fish tourism industry
394. Area restrictions on seagoing fish tourism activities
395. Authorization of foreign and domestic tourists to participate in seagoing fisheries
396. Fish tourism activities
397. Requirements for vessels engaged in fish tourism activities
398. Compulsory third party liability insurance
399. Fish tourism licence
400. Itinerary
401. Passenger list
402. Passenger capacity
403. Passenger safety
404. Fish tourism rules and regulations
405. Applicable UNCLOS and FAO Requirements

PART XLII
FISHING VESSEL CHARTERING
Conditions and Procedure for Bareboat Charter Registration

406. Interpretation

Bareboat Chartering-in of foreign registered fishing vessels

407. Bareboat charter-in registration
408. Procedure for bareboat charter-in registration
409. Mortgages and encumbrances: bareboat chartered fishing vessels
410. Closure of bareboat charter registration

Bareboat Chartering-out of Barbados registered Fishing Vessels

411. Bareboat charter-out registration in a foreign registry
412. Duration of bareboat charter-out
413. Payment of fees during charter-out period

PART XLIII

BARBADOS INSTITUTE FOR FISHERIES AND FISHERIES-RELATED STUDIES

414. Establishment of Barbados Institute for Fisheries and Fisheries-related Studies

PART XLIV

APPLICATION OF INTERNATIONAL AND REGIONAL FISHERIES INSTRUMENTS

415. International fisheries instruments to have force of law
416. Cape Town Agreement of 2012 on International Convention for the Safety of Fishing Vessels
417. Ambulatory Reference
418. Regional fisheries agreements
419. Conventions prevail
420. Extent of application of international fisheries legal and policy frameworks

PART XLV MISCELLANEOUS

421. Non-payment of fees

Non-payment of Fees

Environmental and Social Impact Assessment

422. Environmental and social impact assessment

Fisheries Sector Investment Schemes

423. Entry into fisheries sector investment schemes
424. Binding nature of fisheries sector investment scheme
425. Validity of the scheme
426. Particulars of the scheme
427. Compliance requirements for scheme parties
428. Scheme restrictions
429. Fisheries subsidies

Fisheries Subsidies

Disclosure of Information

430. Disclosure of information
431. Prohibition of publication or disclosure of information by unauthorized persons
432. Confidentiality
433. Publication of information

Suspension, Cancellation or Revocation of Licences, Permits etc.

434. Suspension, cancellation; revocation or variation of licences, permits, etc.
435. Restriction on grant of licence, permit, etc.

Miscellaneous

436. Transfer of functions outside of Barbados
437. Fisheries management and conservation measures
438. Regulations
439. Fishing industry notices
440. Fisheries sector management directives
441. Amendment of Schedules
442. Power to waive fees
443. Transitional
444. Repeal

FIRST SCHEDULE
Fisheries Advisory Council

SECOND SCHEDULE
Fisheries Sector Census

THIRD SCHEDULE
Oath

FOURTH SCHEDULE
Transshipment Declaration

BARBADOS

I assent
J. GIBSON
Acting President of Barbados 5th May, 2025.

2025-10

An Act to establish the enabling conditions for the sustainable utilization of fisheries, aquaculture and mariculture resources, strategic development of the fisheries sector, the responsible management of fisheries activities and provide for related matters.

[Commencement: 12th May, 2025] ENACTED by the Parliament of Barbados as follows:

PART I PRELIMINARY

Short title
1.

This Act may be cited as the Sustainable Fisheries Management and

Development Act, 2025.

Interpretation

2. In this Act
   “abandoned vessel” means a vessel that has been left unattended or unclaimed on either public or private property for more than 30 days without the written consent or contrary to the instructions of the owner or person in control of the property;
   “access agreement” means an agreement concluded between Barbados and another State or entity for the purpose of exploiting fisheries resources;
   “adaptation” means
   (a) the process by which adverse or beneficial effects are considered, evaluated and appropriately addressed, to prevent or minimize the damage that may be cause; or
   (b) taking advantage of opportunities that may arise;
   “agent” means a person designated in writing by the owner of the vessel to conduct business related to the vessel on behalf of the owner;
   “aquaculture” means the freshwater cultivation, propagation or farming of fish, or other living aquatic resources whether from eggs, spat or seed, including
   (a) rearing fish lawfully taken from the wild or lawfully imported into Barbados; or

(b) collecting and holding live fish or invertebrates;
“aquatic flora” includes seaweeds and other aquatic plants;
“authorized officer” means any fisheries, customs or police officer or any officer or soldier of the Barbados Defence Force serving as a member of the Barbados Coast Guard;
“Barbados Fishing Vessel Operators’ Licence” means a licence issued under section 128;
“Barbados Maritime Transport Administration” means the division within the Ministry responsible for Shipping concerned with maritime transport affairs;
“Barbados registered fishing vessel” means a vessel used exclusively to engage in fishing activities that is accorded the nationality of Barbados by virtue of registration of the vessel under the Barbados flag, and includes
(a) a fishing vessel registered in Barbados and operating in Barbados and the wider Caribbean Trading Area; and
(b) an international sea-going fishing vessel registered in Barbados;
“Barbados waters” or “waters of Barbados” includes the internal waters, territorial sea, contiguous zone, exclusive economic zone and the continental shelf of Barbados;
“Caribbean Trading Area” means the Gulf of Mexico and Caribbean Sea proper including the bays and seas therein and that portion of the Atlantic Ocean within the boundary constituted by a rhumb line from a point on the east coast of the United States of America in latitude 32º 00′ north to the intersection 20º 00′ north, 59º 00′ west; thence a rhumb line to the intersection of 7º 20′ north, 50º west; thence a rhumb line drawn southwesterly to the eastern boundary of French Guiana;
“charter fishing vessel agreement” means an agreement for the chartering or hiring of a fishing vessel whereby no crew or provisions are included as part of the agreement;

“Chief Fisheries Officer” means the public officer appointed under the Public Service Act, Cap. 29;
“climate change” means any change in climate over time, whether due to natural variability or as a result of human activity;
“commercial fishing” means fishing for the purpose of selling all or any of the fish caught;
“conservation” means the multiple use and actions to protect fish stocks, habitats and ecosystem functions in order to provide for a healthy and sustainable fishery for the future;
“contiguous zone” means the area of water that has as its inner limit the outer limit of the territorial sea and as its outer limit the line every point of which is a distance of 24 nautical miles from the nearest points of the baselines from which the breadth of the territorial sea is measured;
“continental shelf” means the continental shelf of Barbados as established in accordance with Article 76, United Nations Convention on the Law of the Sea (UNCLOS), 1982;
“CZMU”means the Coastal Zone Management Unit;
“derelict vessel” means a vessel whose condition or state of disrepair
(a) constitutes a hazard or obstruction to the use of the waters of Barbados;
(b) endangers human health and safety or environmental health and safety; or
(c) presents a risk to property, or inhibits the use of public or private property;
“designated officer” means a person designated in writing by the Chief Fisheries Officer to perform a specific function under this Act;
“disaster risk management” means the systematic process of using administrative directives, organizations, and operational skills and capacities to implement

strategies, policies and improve coping capacities to lessen the adverse impacts of hazards and the possibility of disaster;
“ecosystem approach to fisheries” means an approach that balances diverse societal objectives by
(a) taking into account the knowledge and uncertainties about biotic, abiotic and human components of ecosystems and their interactions; and
(b) applying an integrated approach to fisheries within ecologically meaningful boundaries;
“endangered species” means any fish species that is at an extremely high risk of extinction in the near future;
“Exclusive Economic Zone” means the area beyond and adjacent to the territorial sea, up to a limit not exceeding 200 nautical miles, measured from the baselines from which the breadth of the territorial sea is measured;
“FAO” Food and Agriculture Organization of the United Nations;
“fish” means an aquatic animal, whether piscine or not and includes any shell- fish, turtle, mollusc, crustacean, coral, sponge, echinoderm, its young, eggs or part thereof;
“fish aggregating device” or “FAD” means any man-made or partly man-made floating or submerged device, whether anchored or not, used for aggregating fish and includes any natural floating object on which a device has been placed to facilitate its location;
“fisher” means a person who catches fish for a living or for recreation; “fisherfolk” means any person who is associated with fishing or related activities
and includes a fisher;
“fisheries management plan” means a plan for the protection, management and development of fishery;

“fishery” means
(a) an organized effort to raise or harvest fish or other aquatic species; and
(b) comprises the
(i) people involved;
(ii) species or type of fish;
(iii) area of water or seabed;
(iv) method of fishing;
(v) class of boats; and
(vi) purpose of the activities;
“fishing” means
(a) searching for or taking fish;
(b) attempting to search for or take fish;
(c) engaging in any activity, which can reasonably be expected to result in locating or taking fish;
(d) placing, recovering or searching for any fish aggregating device or associated electronic equipment, including radio beacons;
(e) any operation at sea in support of or in preparation for any activity in relation to a fishing vessel described in paragraphs (a) to (d); or
(f) any use of an aircraft which is related to any activity described in paragraphs (a) to (d), but does not include flights involving the health or safety of a crew member or the safety of the vessel in an emergency;
“fishing gear” means any equipment, implement or other device that can be used in the act of fishing or related activities and includes any net, rope, line, float, trap, hook, hookah gear, scuba gear, winch, boat, craft or aircraft carried onboard a vessel, or aircraft or vehicle used in association with the act of fishing;

“fishing industry notice” means a fishing industry notice published pursuant to section 439;
“fishing licence” means any licence issued under this Act; “fishing related activities” mean
(a) storing, trans-shipping, processing or transporting fish, fishery products or aquatic flora up to the time they are first landed;
(b) on-shore storing, buying, or processing fish or fish products from the time they are first landed;
(c) refueling or supplying fishing vessels, selling or supplying fishing equipment or performing other activities in support of fishing operations;
(d) exporting fish or fish products from the country; and
(e) attempting or preparing to do any of the activities listed in paragraphs
(a) to (d);
“fishing vessel” means any vessel, boat, ship, or other craft that is equipped and used for fishing or in support of such activity and includes any vessel aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing preparation, supply, storage, refrigeration, transportation or processing;
“fishing vessel inspector” means a person appointed under the Public Service Act, Cap. 29;
“foreign fishing vessel” means any fishing vessel other than a fishing vessel registered in Barbados;
“foreign fishing vessel licence” means a licence issued in respect of a foreign fishing vessel to operate in Barbados waters;
“high seas” means the area of the sea as described by Article 86, United Nations Convention on the Law of the Sea, 1982;

“human element in fisheries” mean a complex multi-dimensional issue that affects maritime safety, security, marine environmental protection and maritime labour, involving the entire spectrum of human activities performed by sea-going and shorebased fish workers, shore-based fisheries management and regulatory fisheries bodies;
“IUU fishing” means illegal, unreported and unregulated fishing; “ IMO” means International Maritime Organization;
“inspection” means the examination of a vessel to determine its compliance with the provisions of this Act and its fitness to endure the ordinary perils of the sea;
“internal waters” mean waters on the landward side of the baseline of the territorial sea;
“international conservation and management measure” means a measure to conserve or manage one or more species of living marine resources that is adopted and applied consistently with the relevant rules of international law;
“licence” means a licence issued under this Act; “livelihood assets” mean
(a) natural assets, that is to say, fisheries resources, ecosystem services and supporting ecosystems;
(b) human assets, that is to say, skills, knowledge, health and the ability to work;
(c) social assets, that is to say, relationships, networks and communities;
(d) physical assets, that is to say, boats, gear equipment and infrastructure; and
(e) financial assets, that is to say, income, saving, credit, debt and insurance;

“locally-based foreign fishing vessel” means any foreign-registered fishing vessel operating in Barbados, which lands all its fish-catch in Barbados;
“mariculture” means the seawater cultivation, propagation or farming of marine flora and fauna, including rearing of fish or other marine living resources lawfully taken from the wild or lawfully imported into Barbados, for the rearing of marine fish and invertebrates, in the marine environment;
“maritime law enforcement officer”
(a) means a person who is responsible for
(i) enforcing and monitoring maritime activities;
(ii) detecting, preventing and investigating offences;
(iii) maintaining and promoting public order and safety,
under this Act or any other enactment; and
(b) includes fishery protection officers under this Act;
“master” means the person having command or charge of a fishing vessel but does not include a pilot onboard a vessel solely for the purpose of navigation;
“Minister” means the Minister responsible for Fisheries;
“monitor, control and surveillance” means the activities undertaken by the fishery enforcement system to ensure compliance with this Act and constitutes
(a) monitoring, that is to say, the collection of data or information on the fisheries or management measures imposed on the fisheries and resource yields including catch, effort, species composition and area of operations;
(b) control, that is to say, the regulatory conditions under which the exploitation of the resource or activities in the fisheries may be conducted, including legislation, regulations, policies and international agreements;

(c) surveillance, that is to say observing, checking and supervising fishing activity to ensure compliance with the regulatory controls imposed on fishing activities;
“open vessel” means a vessel without a superstructure;
“over exploitation” means the harvesting of a fisheries resource above the optimal yield or effort level which is unsustainable in the long term and may result in significant depletion or collapse of the stock;
“precautionary approach” means a decision-making principle that acknowledges that where there is a threat of serious or irreversible environmental harm, lack of scientific certainty shall not be used as a reason to prevent or postpone action to mitigate the environmental harm;
“prescribed standards” means the minimum standards set in respect of
(a) seaworthiness of fishing vessels, safety equipment and safety of the crew;
(b) sanitary and phytosanitary conditions and fish handling practices; or
(c) safe working conditions for fishers and fish workers;
“Principal Registrar” means the Principal Registrar of International Sea-going Fishing Vessels;
“prohibited fishing gear” means
(a) any net, the mesh size of which is less than the prescribed minimum mesh size for that type of net, for that fishery;
(b) any trap or other fishing gear which does not conform to any standard prescribed for that type of trap or other fishing gear for that fishery; or
(c) any other net or fishing gear which is prohibited by any other enactment made under this Act or fisheries policies for a specified fishery;
“recreational fishing” means fishing for the purposes of recreation, pleasure, competition or personal consumption;

“regional fisheries management organization” or “RFMO” means an intergovernmental fisheries organization or arrangement, as appropriate, that has the competence to establish conservation and management measures, including measures concerning transshipment;
“SDRs” mean Special Drawing Rights and refers to the international reserve asset created by the International Monetary Fund to supplement the official reserves of its member countries, and which is used by that Fund and its member countries as a form of currency against which countries’ actual monetary currencies may be pegged;
“seaworthy” means that a fishing vessel
(a) is in such condition to
(i) travel safely on the sea; and
(ii) endure the ordinary perils of the sea; and
(b) is safe in terms of
(i) being manned by a skilled and competent crew; and
(ii) environmental performance, in that the vessel’s condition does not pose harm to the marine environment;
“subsistence fishing” means non-commercial fishing or aquaculture for obtaining fish for personal consumption;
“support vessel” means a vessel carrying out operations in connection with and support of a fishing vessel including preparation, supply, storage, refrigeration, transportation or processing;
“sustainable utilization” means using at such a rate, that the fish population does not decline over time and is exploited in such a manner that the needs and requirements of the present are met without compromising the ability of future generations, to meet their need and requirements;

“sustainable use” includes
(a) maintaining the potential of fisheries resources to meet the reasonably foreseeable needs of a future generation;
(b) avoiding, remedying or mitigating any adverse effects of fishing on the aquatic environment; or
(c) conserving, using, enhancing and developing fisheries resources to provide continuous social, economic and cultural wellbeing for the people of Barbados;
“territorial sea” means Barbados waters up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with the United Nations Convention on the Law of the Sea (UNCLOS), 1982;
“test-fishing operations” mean any fishing operations, undertaken over a limited period of time with the approval of
(a) the Chief Fisheries Officer, in case of local entities; and
(b) the Minister, in case of foreign entities,
under the authority of a licence issued under this Act, for the purpose of testing the feasibility of commercial fishing operations with a view to the establishment of locally based fishery operations;
“VMS” means vessel monitoring system.

Application

3.
including
(a)

(b)

This Act applies to all aspects of fisheries, aquaculture and mariculture

activities engaged in by Barbados-registered fishing vessels within and beyond Barbados waters;
activities engaged in by foreign-registered fishing vessels in Barbados waters;

(c) fisheries resources, fishing and related activities, utilization of fish and genetic material derived from them and any other matter falling within the scope of this Act; and
(d) persons, vessels, vehicles, aircraft, processing plants or facilities, export or import facilities or other craft or place engaged in or otherwise connected with any activity falling within the scope of this Act.

Act binds the State

4. This Act binds the State.

PART II ADMINISTRATION
Responsibilities of Minister

5. The Minister shall be responsible for the administration of this Act.

Functions of Minister

6.
(a)

(b)

(c)

(d)

(e)

The Minister may
give direction and guidance on matters within the scope of this Act after consultation with the Chief Fisheries Officer;
publish in the Official Gazette approved fisheries policies and fisheries management measures;
approve fisheries, aquaculture and mariculture work plans, budgets and annual reports;
make regulations for the management and development of fisheries in the waters of Barbados;
prescribe fees to be paid by fisherfolk for services provided for their benefit by Government;

(f) consult with the Chief Fisheries Officer, other authorities or stakeholders on matters relating to fisheries; and
(g) where necessary, represent Barbados at regional and international fisheries fora.

Functions of the Chief Fisheries Officer

7.
(a)

(b)
(c)

(d)

(e)
(f)

(g)

(h)

The Chief Fisheries Officer shall
manage, conserve and develop fisheries including public fish markets, boatyards, fish-landing facilities and seafood handling facilities;
safeguard fisheries and other marine living resources and their habitats;
provide advice to stakeholders in the fisheries, aquaculture and mariculture sectors;
optimize the economic and social benefits from exploitation of the fisheries resources, aquaculture and mariculture production;
facilitate the development of the international seagoing fishing sector;
advance the seafood and seafood product export sector, including the overall promotion of regional and international fisheries trade;
promote regional and international trade in seafood and seafood products; and
provide guidance on the management and development of the fisheries sector to the Minister.

PART III

FISHERIES ADVISORY COUNCIL

Establishment of Fisheries Advisory Council

8.(1)
Council.

There is established a council to be known as the Fisheries Advisory

(2) The Fisheries Advisory Council shall advise the Minister and make
recommendations, at the request of the Minister, on matters relating to fisheries including
(a) aquaculture conservation, management and development;
(b) mariculture conservation, management and development;
(c) effective use of livelihood assets; and
(d) combating the vulnerabilities impacting the fisheries sector.
(3) The First Schedule has effect with respect to the constitution of the
Fisheries Advisory Council and otherwise in relation to the Council.

PART IV

FISHERIES MANAGEMENT AND DEVELOPMENT

Management objectives

9.(1)

Fisheries, aquaculture and mariculture resources and other livelihood

assets shall be developed, managed and conserved in accordance with this Act.

(2) Conservation and management measures and assets referred to in
subsection (1)
(a) shall be developed to the extent possible in consultation with stakeholders; and
(b) may be implemented by enactments made under this Act or by any other method approved by the Minister.

Management plan

10. The Chief Fisheries Officer shall, in consultation with stakeholders,
    prepare, implement and keep under review a fisheries management plan, in this Act referred as a Sustainable Management and Development Plan for the effective management, development and sustainability of fisheries.

Content of management plan

11.
(a)
(b)
(c)

(d)

(e)
(f)

The plan shall contain
a description of the fishery;
defined goals for the management and development of the fishery;
an assessment of the strengths, weaknesses, opportunities and threats to fishery;
specification of any measures for the long-term sustainability of livelihood assets;
a plan of action for rebuilding the fishery, where over-fished; strategies for

(i) developing and sustainably using the livelihood assets;
(ii) collecting accurate and reliable data and information;
(iii) involving stakeholders in monitoring, control and surveillance, evaluating, enforcement and decision making;

(iv) monitoring, control, surveillance and evaluating the impact of fishing activities and management measures on the fishery resource and its habitat;
(v) combating IUU fishing and preventing overfishing, over capacity and ecosystem degradation;
(vi) safeguarding the fishery resource and associated ecosystems from negative impacts of vulnerabilities arising from climate change and natural disasters;
(vii) protecting the genetic resources to ensure the fair and equitable sharing of benefits arising from the utilization of these resources;
(viii) ensuring a safe and sustainable supply of seafood from the fishery;
(ix) such other strategies as may be necessary to provide for the proper management, development and sustainable use of the fishery resource and other livelihood assets;
(x) implementing the management plan; and
(g) research needs for the fishery and possible means of funding and conducting the research.

Submission of management plan

12. The Chief Fisheries Officer shall submit the draft management plan
    to the Minister for review, comment and further instructions.

Approval of management plan

13.(1)

The Minister may approve the draft management plan submitted under

section 12 without modifications or subject to such modifications as the Minister considers necessary.

(2) Where the Minister approves the draft management plan under subsection
(1), the Minister shall by order publish the management plan in the Official Gazette.

Amendment to management plan

14.(1)

The Chief Fisheries Officer may at any time prepare and propose, for

the approval of the Minister, draft amendments to the management plan.
(2) Any amendments made to the management plan pursuant to subsection (1),
shall be made in accordance with section 10 and section 13 and when approved and published under section 13, the management plan as amended shall constitute the fisheries management plan established under that section.

Review of management plan

15. At least once in every 5 years after the date on which the fisheries
    management plan first comes into effect under section 13(2), the Chief Fisheries Officer shall carry out a full review of the plan and submit to the Minister a report on the review together with proposals for any amendments which appear to him to be necessary.

Compliance with management plan

16.(1)

Subject to subsection (2), persons engaged in fishing and fisheries

related activities shall comply with the management plan.
(2) A person referred to in subsection (1) may deviate from the management
plan where it is necessary for saving life or protecting the marine environment.

Withdrawal of the management plan

17.(1)

The Minister may withdraw the management plan, where he considers

it appropriate to do so.
(2) Where the Minister withdraws the management plan, he shall publish a
notice of withdrawal in the Official Gazette, and the management plan ceases to have effect on the date of such publication.

(3) The Minister shall also take such further steps as he considers appropriate
to ensure that the withdrawal of the Plan is brought to the attention of interested persons.
(4) The Minister shall not withdraw an existing management plan unless a
prospective one is prepared and ready for implementation.
(5) In this section “interested persons” means person appearing to the Minister
to be likely to be interested in, or affected by, the withdrawal of the Sustainable Management and Development Plan.

Protection of endangered species

18.(1)

No person shall hunt, capture, possess, trade in, intentionally kill,

injure or harass any endangered species.
(2) A person shall report to the Chief Fisheries Officer any accidental catches
of species prohibited under subsection (1).
(3) Any endangered aquatic species caught, either intentionally or
unintentionally shall be released immediately and returned to the water from which it was taken with the least possible injury.
(4) The Chief Fisheries Officer shall maintain lists of endangered species and
threatened species.
(5) A person who contravenes subsection (1), (2) or (3) is guilty of an offence
and is liable on summary conviction to a fine of $500 000 or to imprisonment for 5 years or to both and may be ordered to
(a) undergo a period of training in fisheries management and protection; or
(b) make a financial contribution not exceeding $20 000 to species restoration.

Notification of fisheries agreements

19.
(a)
(b)
(c)

The Minister shall give notice in the Official Gazette of any international or regional fisheries agreement;
international conservation and management measure; and norms and best practices

recognized or supported by Barbados.

PART V

DATA AND INFORMATION

Supply of data and information

20.(1)
(a)
(b)
(c)

A person who
engages in fishing or fishing related activities; engages in overseas trade in fish and fish products; or processes, cultures or sells fish or fish products,

shall supply to the Chief Fisheries Officer, data or information in respect of his activities in such manner and at such time as the Chief Fisheries Officer requires.
(2) The data or information in respect of subsection (1) may include
(a) any data or information relating to fishing, fisheries, aquaculture, landings, research, storage, food safety, processing, buying, selling, exports or imports of fish and other related activities; and
(b) accounts, records, returns and documents.
(3) The Chief Fisheries Officer may, for purposes of verification of accounts,
records, documents, returns, data or information supplied under subsection (2),

require from any person further information, clarification or explanation of that data and information.
(4) A person who
(a) refuses to supply any data or information or any record or document which that person has in his possession and which is required by the Chief Fisheries Officer; or
(b) knowingly supplies false data, information, records or documents to the Chief Fisheries Officer,
is guilty of an offence and is liable on summary conviction to a fine of $10 000 or to imprisonment for 3 months or to both.

Confidentiality of data and information

21.(1)

The Minister may classify any data or information as confidential in

the interest of national security.
(2) Every person, having an official duty under this Act or being employed or
otherwise connected with the administration of this Act shall, before assuming duty, subscribe to an oath to keep all information received secret and confidential.
(3) Every person who had an official duty under this Act or was employed in
the administration of this Act shall maintain, after such duty or employment is terminated, the confidentiality of all information or documents received during the course of that duty or employment.
(4) Notwithstanding subsections (1), (2) and (3), confidential data or
information shall be disclosed where
(a) required by law enforcement agencies for the purpose of law enforcement, national security, surveillance, search and rescue and other emergencies;
(b) the entity or person providing the data and information authorizes the disclosure;

(c) necessary to advise the Minister on matters relating to national security.
(5) The Minister may, in consultation with the Chief Fisheries Officer,
declassify any data or information that is classified as confidential.
(6) A person who contravenes subsection (2), (3) or (4) is guilty of an offence
and liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

Fisheries sector census questionnaire

22. The Chief Fisheries Officer shall institute every 2 years a fisheries
    sector census which shall be conducted in accordance with the forms as set out in the Second Schedule.

PART VI

FISHING GEAR AND FISHING METHODS

Prohibited fishing gear and fishing methods

23.(1)
(a)
(b)

No person shall
use any prohibited fishing gear or fishing method; or
use, permit the use of or carry onboard for the purpose of fishing

(i) any fish aggregating device unless authorized to do so;
(ii) any firearm, electric shock device, explosive, poison, or other noxious substance; or
(iii) any other object used for disabling or killing fish or rendering fish more easily caught.
(2) No person shall have in his possession any explosive, electric shock device,
poison or other noxious substance in circumstances indicating an intention of

using such substance for any of the purposes of fishing or conducting fisheries related activities.
(3) No person shall land, sell, receive, or have in his possession any fish caught
by any of the means prohibited in subsections (1) and (2).
(4) A person who contravenes subsection (1), (2) or (3) is guilty of an offence
and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both and the vessel, fishing gear and catch may be forfeited.
(5) The Minister shall, after consultation with the Chief Fisheries Officer,
publish a list of all prohibited fishing gear and fishing methods in the Official Gazette.

Seizure of prohibited fishing gear

24.(1)
(a)

(b)

(c)

An authorized officer may seize without warrant any
fishing vessel or fishing gear which the authorized officer believes, on reasonable grounds, is being or has been used in the commission of an offence under section 23;
fish which the authorized officer believes, on reasonable grounds, are being or have been taken, killed, transported, bought, sold or found in possession of any person in contravention of section 23; or
any article, record, document, or thing which the authorized officer believes, on reasonable grounds, is evidence of the commission of an offence under section 23.

(2) The authorized officer shall provide a written receipt in respect of anything
seized under subsection (1) to the person from whom the items were seized.
(3) A receipt issued under subsection (2), and a duplicate or copy thereof, shall
be signed by the authorized officer and the person from whom the items were seized.

Certificate of the cause and manner of death or injury of fish

25.(1)

A certificate as to the cause and manner of death or injury of any fish

shall be signed by a person qualified to pronounce on the cause of death of the fish.
(2) For the purposes of subsection (1) the Chief Fisheries Officer shall set out
in a fishing industry notice a list of persons qualified to pronounce on the cause of death of fish.

Prohibition of damage, destruction or interference with fishing gear

26.(1)

No person shall damage, destroy or interfere with any fishing gear that

belongs to another person.
(2) Where a vessel becomes entangled with fishing gear, the master shall
undertake to minimize any damage caused by the gear and
(a) where practicable return the gear to the sea and log the position; and
(b) make a full report of the incident and steps taken by him to the Chief Fisheries Officer within 21 days of the incident.
(3) Where the gear referred to in subsection (2) is so damaged that it is
incapable of fishing effectively and may ghost fish if left at sea, the master shall return the gear to shore and notify the Chief Fisheries Officer and the owner of the gear if the owner is known.
(4) Where any person has been injured or harmed in any way by the gear
referred to in this section or fallen over board, the Master shall immediately:
(a) rescue such person from the sea;
(b) administer first aid or treatment for which he is trained to perform; and
(c) seek further medical treatment.
(5) Where a person dies at sea, the body shall be transported directly to port
and a full report of the incident made to the police.

(6) A person who contravenes this section is guilty of an offence and liable on
conviction on indictment to a fine of $200 000 or to imprisonment for 3 years or to both.

Stowage of gear

27.(1)
(a)

(b)

The fishing gear of any
foreign fishing vessel not authorized to fish in the waters of Barbados; or
Barbados registered fishing vessel not authorized to fish in a particular area with a particular gear,

shall be stowed in the manner prescribed under the Act or any other enactment.
(2) Any fishing gear onboard a fishing vessel in the waters of Barbados that
is not stowed in the prescribed manner is deemed to be intended to be used for fishing.
(3) Where a fishing vessel is licensed to fish by means of a particular type of
fishing gear in any specified area of the waters of Barbados, any other fishing gear onboard the vessel shall be stowed in the prescribed manner while the vessel is within that fishing area or within any other area of the waters of Barbados where it is not licensed to fish.
(4) The master, owner or charterer of a fishing vessel that has fish onboard:
(a) prior to entering the fishing area for which a licence is granted; or
(b) prior to the vessel leaving an area in which the vessel has permission to operate,
shall notify the Chief Fisheries Officer of the amounts, species, area where caught and preservation of fish onboard the vessel.
(5) A person who contravenes this section is guilty of an offence and is liable
on conviction on indictment to a fine of $200 000 or imprisonment for 3 years or to both.

PART VII

MARINE ENVIRONMENTAL PROTECTION FROM FISHERIES ACTIVITIES

Prohibition on polluting fishing area

28.(1)

No person shall introduce into any fishing area any deleterious matter

or noxious substance that is harmful to fish or the marine environment or that may adversely affect the habitat or health of fish.
(2) Where the owner or master of a fishing vessel
(a) accidentally introduces any matter or substance referred to in subsection (1) into fishing waters; or
(b) encounters such matter or substance in fishing waters,
the owner or master of the vessel shall immediately report the incident to the Chief Fisheries Officer and give him the information set out in subsection (3).
(3) The information referred to in subsection (2) is
(a) the name, registration number and call sign, if any, of the vessel from which the matter or substance was introduced or encountered;
(b) the nature of the matter disposed or substance introduced or encountered;
(c) the location of the matter or substance; and
(d) the time and date of the incident.

Design of fishing vessels and pollution prevention equipment

29.(1)
(a)

All fishing vessels shall, to the extent practicable,
comply with MARPOL 73/78, as amended, including the design and pollution prevention equipment provisions; and

(b) be operated in compliance with MARPOL 73/78, as amended.
(2) Subsection (1) does not apply to fishing vessels constructed before the
commencement of this Act.

Discharge of pollutants

30.(1)

No person shall discharge from a fishing vessel any oil, plastics,

synthetic ropes or synthetic fishing nets or other pollutant or harmful substance into Barbados waters.
(2) A person who contravenes subsection (1) is guilty of an offence and is
liable on conviction on indictment to a fine of $500 000 or to imprisonment for 5 years or to both and shall be liable to pay the cost for the cleanup operation.
(3) This section does not apply to a discharge
(a) that was necessary for the purpose of securing the safety of a fishing vessel or saving life at sea;
(b) resulting from damage to a vessel or its equipment where all reasonable precautions were taken after the occurrence of the damage or discovery of the discharge in order to prevent or minimize the discharge; and
(c) for purposes of
(i) legitimate scientific research into pollution abatement or control; or
(ii) combating specific pollution incidents in order to minimize the damage from pollution, as permitted by the Chief Fisheries Officer in accordance with section 35.
(4) Subsection (3) shall not apply if the owner or master acted with intent to
cause damage or was reckless as to whether damage would be caused.

Discharge of ballast water

31.(1)

No owner or master of a fishing vessel shall discharge ballast water

containing non-indigenous harmful aquatic organisms or pathogens from a fishing vessel into Barbados waters.
(2) The owner or master who contravenes subsection (1) is guilty of an offence
and liable on conviction on indictment to a fine of $500 000 or to imprisonment for 5 years or to both.
(3) The owner or master of a fishing vessel who discharges ballast water in
Barbados waters shall comply with any voluntary or mandatory ballast water management requirements issued by the IMO in force at the time of the discharge.
(4) The master of a fishing vessel who intends to discharge ballast water in
Barbados waters shall, prior to doing so, submit a written request to the Coastal Zone Management Unit.
(5) It is a defence for a person charged with an offence under this section to
show that all reasonable measures to comply with any voluntary or mandatory ballast water management requirements issued by the International Maritime Organization in force at the time were taken to ensure that no ballast water containing non-indigenous harmful aquatic organisms or pathogens were discharged from the fishing vessel into Barbados waters.

Hull scraping and cleaning

32.(1)

No person shall scrape or clean the hull or any other external surfaces

of fishing vessels in a manner that may result in the introduction of non- indigenous harmful aquatic organisms or pathogens into Barbados waters.
(2) A person who contravenes this section is guilty of an offence and is liable
on summary conviction to a fine of $150 000 or to imprisonment for 2 years or to both.

Anti-fouling paints

33.(1)

No one shall use or apply anti-fouling paints or systems which contain

organotin compounds on fishing vessels over 24 metres in length in Barbados waters.
(2) The owner or master, referred to in subsection (1) and any other person
who uses or applies anti-fouling paints or systems containing organotin compound in Barbados is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

Vessel repair facilities

34.(1)
(a)
(b)
(c)
(d)
(e)
(f)

No person shall discharge, dispose or cause to escape any hull scrapings;
paints or paint residues; abrasive blasting mediums; harmful matter or substances;
effluent containing pollutants; or any other pollutants,

into Barbados waters from vessel repair facilities.
(2) The owner or operator of a vessel repair facility shall have in place systems
for the effective containment and recovery of all
(a) hull scrapings;
(b) paints or paint residues;
(c) abrasive blasting mediums;
(d) harmful matter or substances;
(e) effluent containing pollutants;

(f)
(g)
(h)
(i)

any other pollutants; recycling; treatment; or disposal,

in Government-approved waste management facilities on-shore.
(3) The owner or operator of a vessel repair facility who contravenes this
section is guilty of an offence and is liable on summary conviction to a fine of
$100 000 or for imprisonment of 12 months or to both.

Discharge permits

35.(1)

A person who wishes to discharge into Barbados waters, a pollutant

or harmful substance
(a) for the purpose of legitimate scientific research; or
(b) to combat a specific pollutant that was discharged,
shall apply in writing to the Environmental Protection Department for a discharge permit.
(2) A person who applies for a discharge permit shall provide the following
information in writing to the Environmental Protection Department:
(a) the name and full contact details of the person responsible for the proposed discharge;
(b) the reasons for the proposed discharge;
(c) the likely benefits of the proposed discharge;
(d) the location of the proposed discharge;
(e) the nature of the pollutant or harmful substance proposed to be discharged including
(i) the correct technical name;

(ii) the International Maritime Dangerous Goods Code;
(iii) the United Nations number;
(iv) the chemical composition;
(v) the physical and chemical properties; and
(vi) the biological toxicity.

(f)

(g)
(h)

(i)

the quantity or volume of pollutant or harmful substance proposed to be discharged;
the proposed method of discharge;
the details of the measures to be used to control, mitigate and monitor the environment at the impact of the discharge; and
documentary evidence of financial ability to meet the total cost of any clean-up operation necessary to restore the environment to its original condition.

(2) The Environmental Protection Department shall, when assessing an
application for a Discharge Permit, take the following into consideration
(a) the protection of human life, health and safety;
(b) the environmental impact likely to occur from the proposed discharge vis-a-vis the environmental impact likely to occur if the proposed discharge is not permitted; and
(c) any other relevant consideration.
(3) The Environmental Protection Department may, when issuing a discharge
permit impose such conditions as it deems fit, including a requirement for the permit holder to pay the total costs of any clean-up operation necessary to restore the environment to its original condition.
(4) The holder of a discharge permit who fails to comply with the conditions
set out in the permit is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

Fish waste reception facilities

36.(1)
(a)

(b)

The Minister may
regulate the provision of fish waste reception facilities at Barbados ports to enable fishing vessels to discharge waste generated from their operations, consistent with national laws on waste reception facilities for fishing vessels or any other applicable waste handing standards for the fishing industry; and
withhold the provision of fish waste reception facilities where the waste may cause environmental damage.

(2) The Minister shall provide fish waste reception facilities that are adequate
to meet the needs of fishing vessels without causing undue delay.
(3) The cost of providing and operating fish waste reception facilities, may be
covered by
(a) a general port charge; or
(b) any means as specified in any other enactment.
(4) Nothing in this section shall be construed as allowing pollutants to be
discharged into any fish waste reception facilities.

Duty to report discharges

37.(1)

The owner, master or person in charge of a vessel from which any

pollutant or harmful substance is discharged into Barbados waters shall immediately and by the quickest available means report the occurrence to the
(a) Chief Fisheries Officer; and
(b) Environmental Protection Department.
(2) The report mentioned in subsection (1) shall contain the following
information
(a) the time of the discharge;

(b)
(c)
(d)
(e)

(f)

(g)
(h)

(i)

(j)

(k)
(l)

(m)

position of the discharge, including latitude and longitude, if possible; the event to which the discharge is directly attributable;
the precise source of the discharge;
the weather and sea conditions at the time of the discharge and at the time when the report was made;
where oil has been discharged, the quantity and description of each type of oil that was discharged;
the quantity and description of each type of oil remaining onboard;
where a pollutant other than oil has been discharged, the quantity and description of each type of pollutant discharged including their correct technical names, International Maritime Dangerous Goods Code Classification and United Nations number, if applicable;
the quantity and description of each type of pollutant other than oil remaining onboard;
where garbage or sewage has been discharged, the quantity, description and concentration that was discharged;
the types, quantity and condition of the rest of the cargo carried;
the existence of any slick and the direction and speed of its movement; and
the measures that have been taken to

(i) stop or reduce the discharge;
(ii) contain the pollutant and prevent it’s spread;
(iii) remove the pollutant from the sea or to disperse it; and
(iv) minimize damage or the possibility of damage resulting from the discharge;
(n) the identity and full contact details of the person making the report.

(3) If any vessel becomes stranded, wrecked or is abandoned in Barbados
waters or if a Barbados vessel becomes stranded, wrecked or is abandoned in any waters, then the owner or master or person in charge shall immediately and by the quickest available means report the occurrence to the Chief Fisheries Officer, giving
(a) full details of the vessel and damage sustained;
(b) the types, quantity and condition of the cargo carried;
(c) a complete list of all pollutants carried, including the types, quantity and condition;
(d) the details required in subsection (2), if a discharge has occurred; and
(e) the identity and full contact details of the person making the report.
(4) Every person who
(a) fails to reasonably comply with this section; or
(b) makes a report containing any information that to his knowledge is false or misleading,
is guilty of an offence and is liable on summary conviction to a fine of $10 000 or to imprisonment for 3 months or to both.

Environmental related inspections

38.(1)

Fishery protection officers or any other authorized officer specified

under section 365 shall report to the Chief Fisheries Officer
(a) whether the marine environmental protection provisions of the Act have been complied with;
(b) what measures were taken to prevent the discharge of pollutants;
(c) whether fish waste reception facilities are adequate to meet the needs of fishing vessels using the facilities without causing undue delay.

(2) Every fishery protection officer or authorized officer specified in section

365 may
(a)

(b)

(c)

(d)

(e)

inspect any fishing vessel and any apparatus used for the storage, transfer or processing of pollutants, as the case may be;
test any equipment with which the fishing vessel is required to be fitted in accordance with any International Maritime Convention to which Barbados is party and any requirement of this Act;
require the production of any records required to be kept and shall have the power to copy records and require the person by whom the records are to be kept to certify the copy as a true copy;
board the fishing vessel to ascertain the circumstances relating to an alleged discharge of a pollutant from the vessel into Barbados waters or from a Barbados registered fishing vessel into any waters; and
board the vessel and take, or require to be taken, soundings of tanks, spaces, and bilges, and any sample or samples of any pollutant from the vessel for analysis.

(3) A person exercising any powers conferred by this part shall not
unnecessarily detain or delay the fishing vessel from proceeding on any voyage.
(4) Every person who
(a) fails to reasonably comply with any requirement of this section; or
(b) obstructs a person acting in the exercise of any power conferred by this section,
is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

Regulating translocation of live fish

39.(1)

No person shall introduce any species of live fish in any fishing area

without approval in writing by the Chief Fisheries Officer.

(2) A person who wishes to introduce any species of live fish in any fishing
area, shall apply, in writing, to the Chief Fisheries Officer, stating the following:
(a) the reasons for the introduction of the species;
(b) the likely impact for the introduced species on the habitat and existing species;
(c) the program for monitoring and evaluating the impact of the introduced species; and
(d) any other information which the Chief Fisheries Officer may require.
(3) The Chief Fisheries Officer shall in considering the application, take into
account the fact that reintroducing the same species grown elsewhere can also introduce pathogenes.
(4) The Chief Fisheries Officer shall give reasons for his decision and where
the application is approved, set out the conditions subject to which the approval was granted.

(5)
liable

A person who contravenes this section is guilty of an offence and is

(a) on conviction on indictment to a fine of $500 000 or to imprisonment for 5 years or to both; or
(b) for the payment of compensation for loss or damage to the habitat and the cost of restoring the habitat or fishery resource.

Coral reef damage

40.(1)

A person who damages any coral reef as a result of diving operations,

vessel operations or any other marine activity is liable to have the relevant licence, certificate or permit, as the case may be, suspended or revoked.
(2) Subject to any other enactment, the court may order any of the following:
(a) that the offender participate in restoration efforts to the coral reefs and the surrounding area;

(b) that the offender promote public awareness and education on the importance of protecting coral reefs; or
(c) any other form of community service relating to coral reefs or the marine environment.

PART VIII

CONTROL OF POLLUTION BY FISHING GEAR

International requirements to be complied with

41. The Chief Fisheries Officer shall put measures in place to ensure
    compliance with the following international requirements regarding fishing gear pollution regulation:
    (a) prevent, reduce and control pollution of the marine environment by fishing gear, in accordance with the United Nations Convention on the Law of the Sea (UNCLOS), 1982;
    (b) ensure the environmentally sound management of fishing gear delivered to ports, in accordance with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal;
    (c) prohibit the discharge of synthetic rope and fishing nets, in accordance with MARPOL, Annex V and the IMO Action Plan to Address Marine Plastic Litter from Ships; and
    (d) ensure compliance with the FAO Code of Conduct for Responsible Fisheries, as well as encourage adherence to the FAO Voluntary Guidelines for the Marking of Fishing Gear, and strengthen efforts to reduce abandoned, lost or otherwise discarded fishing gear through enhancing enforcement of IUU fishing under the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing.

Fishing gear pollution preventive measures

42. The Chief Fisheries Officer shall impose the following preventive
    measures to combat fishing gear pollution including

(a)
(b)
(c)

(d)

(e)

(f)

(g)

(h)

(i)

marking and logging of fishing gear;
establishing extended producer responsibility schemes for fishing gear;
training and capacity building of fishers to prevent accidental fishing gear losses, reduction of soak-times, best stowage practices, gear-use limits in high-risk areas and during high-risk times;
requiring fishing vessels to have equipment onboard to attempt immediate retrieval of any lost fishing gear;
requiring certain types of fishing gear to be equipped with buoys and trackers to enable their location and recovery;
bringing fishing gear into the circular economy through development of national standards on the circular design of fishing gear;
partnering with seaports to develop cost-effective frameworks at seaports which promote responsible onboard behaviour and removes incentives to dump fishing gear at sea, including allowing fishing vessels to deliver their gear for free, or for a fixed fee depending on vessel type;
introducing, in consultation with relevant stakeholders, mechanisms to reduce fees for fishing vessels that systematically engage in waste minimization, or that otherwise participate in fish waste programmes;
designing certification and eco-labeling schemes to recognize responsible fishing, including benchmarking and guidance recognizing preventative measures and strategies, with criteria on preventing, reducing and controlling pollution by abandoned, lost or otherwise discarded fishing gear;

(j) promoting fiscal initiatives including buy back or deposit refund schemes that incentivize fishers to return derelict fishing gear and retrieve lost gear, as well as subsidies or tax breaks to install collection, cleaning and recycling systems at fisheries sites, and financial support for greater utilization of fishing gear made from environmentally sustainable materials;
(k) engaging the corporate community in scaling up business models for collection, reuse, repair and recycling of fishing gear, including certification and sourcing policies and requirements for insurers and investors to include guidance on abandoned, lost or otherwise discarded fishing gear prevention, reduction and control; and
(l) employing any other measures to prevent fishing gear pollution.

Fishing gear pollution mitigative and remedial measures

43. The Chief Fisheries Officer shall employ the following mitigative and
    remedial measures to combat fishing gear pollution:
    (a) development and maintenance of an effective system for lost gear reporting;
    (b) development of fishing for litter initiatives;
    (c) coordinating regular abandoned, lost or otherwise discarded fishing gear hot spot clean ups; and
    (d) employing any other measures to mitigate and remedy fishing gear pollution.

PART IX COLLABORATION
Collaboration with development partners

44. The Chief Fisheries Officer shall, with the approval of the Minister,
    collaborate with local stakeholders and regional and international development partners to
    (a) build capacity among stakeholders;
    (b) effectively manage and sustainably use shared fisheries resources;
    (c) protect the health of the ecosystem;
    (d) build networks and strategic partnerships;
    (e) mitigate and build resilience to the impact of hazards; and
    (f) determine any other activities that may provide opportunities and benefits for those involved in fisheries.

Prohibition on the taking of fish or fish products contrary to law

45.(1)

No person shall cause or permit another person to use or permit a

vessel to engage in fishing or related activity to take, import, export, transship, land, transport, sell, receive, acquire or buy any fish or fish product in violation of
(a) any law of another State; or
(b) any regional or international conservation and management measure implemented pursuant to this Act, or any other enactment.
(2) This section does not apply to fish taken on the high seas contrary to the
law of another State where Barbados does not recognize the jurisdiction of that State over those fish or areas where the marine boundaries are disputed or not clear.

(3) A person who contravenes subsection (1) is guilty of an offence and is
liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both and in addition may be ordered to participate in a fisheries management and protection programme, initiative or activity.

PART X OBSERVERS
Fisheries observer

46.(1)

The Chief Fisheries Officer shall plan and manage an observer

programme for the purposes of collecting and reporting reliable and accurate information for scientific, management and compliance purposes, including
(a) the species, quantity, size, age, and condition of fish taken or processed;
(b) the methods by which, the areas in which, and the depths at which, fish are taken;
(c) the effects of fishing methods on fish and the environment;
(d) all aspects of the operation of any vessel;
(e) processing, transportation, transshipment, storage, or disposal of any fish;
(f) monitoring the implementation of local and agreed and applicable international fisheries conservation and management measures; and
(g) any other matter that may assist the Chief Fisheries Officer to obtain, analyze, or verify information for fisheries scientific, management, and compliance purposes.
(2) Pursuant to subsection (1), the Chief Fisheries Officer may, in writing,
designate a person to be an observer for the purposes of the observer programme, on a fishing vessel, at an aquaculture or mariculture facility or any other facility

related to fisheries, aquaculture or mariculture that has been granted a licence, authorization or permit under this Act.
(3) An observer shall on request, identify himself and produce evidence that
he is an observer and, the production by an observer, of any identification document issued to him, shall, until the contrary is proved, be sufficient authority for the observer to do anything which he is authorized to do under this Act.

Duties of owner of the vessel or facility in which a fisheries observer is placed

47.(1)

The owner, master and crew of a fishing vessel or owner, operator and

staff of fisheries, aquaculture or mariculture facility, or licence holder in respect of any vessel or facility on which a fisheries observer is placed shall
(a) permit and assist an observer to board and remain onboard the fishing vessel, board, enter or inspect, as the case may require, an aquaculture or mariculture facility and remain therein for the purposes of carrying out his functions in accordance with this Act;
(b) grant to the observer full access to a fishing vessel, aquaculture or mariculture facility and the use of any equipment therein which the observer considers necessary to carry out his functions, including where applicable, access to
(i) any fishing, aquaculture or mariculture gear;
(ii) documents and logbooks for the purposes of recording, inspecting and making copies; and
(iii) any other thing which the observer considers necessary;
(c) permit an observer to
(i) take or remove from the fishing vessel, aquaculture or mariculture facility samples and information relevant to fishing, aquaculture, mariculture and any related activity;

(ii) take photographs or make audio or video recordings of any operations in relation to a fishing vessel, aquaculture or mariculture facility;
(iii) carry out all of his duties safely;
(iv) in the case of a fishing vessel, embark and disembark at such time and place as may be determined by the Chief Fisheries Officer or, where the fishing vessel is a foreign fishing vessel, in accordance with the applicable access agreement;
(v) in the case of an aquaculture or mariculture facility, enter and exit at such time as may be reasonably determined by the Chief Fisheries Officer.
(2) Pursuant to subsection (1), the Chief Fisheries Officer may in writing,
designate a person to be an observer on a fishing vessel for the purposes of the observer programme at an aquaculture or mariculture facility or any other facility related to fisheries or aquaculture or mariculture that has been granted a licence, authorization or permit under this Act.
(3) The owner or operator of a fishing vessel, or an aquaculture or mariculture
facility shall provide to an observer such food, accommodation and medical facilities equivalent to that accorded to a member of the crew onboard the fishing vessel or person employed at the commercial aquaculture or mariculture facility.
(4) The owner of the fishing vessel, aquaculture or mariculture facility shall,
where applicable, pay in relation to the observer, insurance coverage and such other reasonable costs and expenses as may be determined by the Chief Fisheries Officer.

Confidentiality of the data and information collected by the fisheries observers

48.(1)

Any data or information collected on the vessel or at the facility shall

be deemed confidential and shall be treated in accordance with data protection provisions of this Act and any other enactment relating to data protection.

(2) No person shall
(a) assault, obstruct, resist, impede, refuse, intimidate or interfere with a fisheries observer in the performance of his duties;
(b) fail to take reasonable measures to ensure the safety of, or otherwise interfere with a fisheries observer in the performance of his duties;
(c) use threatening or abusive language, threatening or insulting behaviour or gestures towards
(i) any fisheries observer while performing his duties; or
(ii) any other person acting lawfully under the orders of a fisheries observer;
(d) fail to comply with the instructions of any fisheries observer;
(e) give false or misleading information to a fisheries observer;
(f) impersonate a fisheries observer;
(g) falsely represent himself as acting under the orders of a fisheries observer; or
(h) bribe a fisheries observer.

Conditions for observers

49. The operator and licence holder in respect of any vessel on which a
    fisheries observer is placed shall, in addition to other duties or requirements imposed upon him under the Act,
    (a) provide free onboard access at all times to food, safe accommodation, medical supplies and facilities and amenities equivalent to that accorded to other members of the crew onboard or other standard approved in writing by the Chief Fisheries Officer; and
    (b) provide a safe work area and free access to the catch to enable the measurement of fish and collection of samples.

Notice of intention to place fisheries observers

50.(1)

The Chief Fisheries Officer shall, before placing a fisheries observer

on a fishing vessel or at a fisheries facility, notify the owner, master or agent of the
(a) intention to place the fisheries observer onboard or at the facility; and
(b) period for which the fisheries observer shall be onboard or at the facility.

(2)
from

The owner, master or agent referred to in subsection (1) is prohibited

(a) causing or allowing the vessel to which the notice relates to put to sea without taking onboard the fisheries observer at the time and place specified in the notice of intention; or
(b) refusing to take the fisheries observer onboard or refusing to allow the observer to enter the facility.
(3) An owner, master or agent who contravenes this section is guilty of an
offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

PART XI

FISHING VESSEL SURVEYS AND CERTIFICATION

Fishing Vessel Surveys

Surveys of fishing vessels

51.(1)

Subject to any other enactment relating to the surveying of ships, a

Barbados registered commercial fishing vessel is subject to inspections and surveys pursuant to subsections (2) and (3).

(2) The inspections referred to in subsection (1) shall be conducted in dry dock
twice in a 5 year period with an interval not exceeding 36 months.
(3) The surveys referred to in subsection (1) are
(a) the fishing vessel initial survey completed before the fishing vessel is put into service;
(b) the fishing vessel renewal surveys completed before 5 years expires and before the granting of the following certificates:
(i) the Certificate of Seaworthiness;
(ii) the Work-in-Fishing Compliance Certificate; and
(iii) the Fishing Vessel Energy Efficiency Certificate.
(4) Subsection 3(b)(iii) applies only to fishing vessels on which energy
efficient systems are installed.

Certificate of Seaworthiness

Certificate of seaworthiness: initial fishing vessel surveys

52.(1)

No fishing vessel shall be put into service unless a certificate of

seaworthiness is issued in respect of that vessel.

(2)
where

A certificate of seaworthiness may be issued in respect of a fishing vessel

(a) an initial survey has been carried out; and
(b) at the date of the initial survey, the surveyor is satisfied that the fittings, equipment and arrangement of the fishing vessel are seaworthy.

Certificate of seaworthiness: renewal fishing vessel surveys

53.(1)
(a)

Subject to subsection (2), no fishing vessel shall proceed to sea; or

(b) remain at sea,
after the date of expiry of a certificate of seaworthiness.
(2) A certificate of seaworthiness may be renewed where
(a) a fishing vessel renewal survey has been carried out; and
(b) at the date of the renewal survey, the surveyor is satisfied that the fittings, equipment and arrangement of the fishing vessel are seaworthy.

(3)
where

A fishing vessel renewal survey shall be carried out every 5 years except

(a) the renewal survey is completed
(i) within 3 months before the expiry date of the existing Certificate of Seaworthiness; or
(ii) after the expiry date of the existing Certificate of Seaworthiness,
and the new Certificate of Seaworthiness shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of the expiry of the existing Certificate of Seaworthiness;
(b) the renewal survey is completed more than 3 months before the expiry date of the existing Certificate of Seaworthiness and the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of completion of the renewal survey; and
(c) at the expiry date of the Certificate of Seaworthiness, the fishing vessel is not in a place where it can be surveyed, the period of validity of the Certificate of Seaworthiness may be extended but the extension shall be granted only
(i) for the purpose of allowing the fishing vessel to complete her voyage to the port in which she is to be surveyed; or

(ii) in cases where it is reasonable to do so.
(4) Where subsection 3(c) applies, the period of validity of the Certificate of
Seaworthiness may be extended by the period of time the vessel takes to arrive at the surveying port but no later than a period of 3 months from the date of the extension.
(5) On completion of the survey referred to in subsection (3)(c), a new
certificate of seaworthiness shall be issued and shall be valid from the expiry date of the existing Certificate of Seaworthiness, before the extension, for a period of 5 years.
(6) Notwithstanding subsections (3) and (4),
(a) the Chief Fisheries Officer may extend a certificate of seaworthiness from the date of expiry of the existing Certificate of Seaworthiness for one month for a short voyage so that a renewal survey can be completed; and
(b) where the fishing vessel renewal survey is completed the new Certificate of Seaworthiness shall be valid from the date of expiry of the existing certificate, before the extension was granted, for a period of 5 years.
(7) The Chief Fisheries Officer may, in special circumstances, grant the
renewal of the Certificate of Seaworthiness from the date of the completion of the renewal survey for a period of 5 years.

Annual fishing vessel surveys

54.(1)
(a)
(b)

No fishing vessel shall proceed to sea; or remain at sea,

unless an annual fishing vessel survey has been completed in respect of that vessel and a valid certificate of seaworthiness has been issued.

(2) A certificate of seaworthiness may be issued where
(a) a survey has been carried out in respect of the fishing vessel;
(b) at the date of the annual survey, the surveyor is satisfied that the fittings, equipment and arrangements of the fishing vessel are in such condition as to support a positive verification that the vessel is seaworthy in relation to her safety and environmental performance; and
(c) in consequence, the Certificate of Seaworthiness has been endorsed to this effect and is still valid.

Work-in-Fishing Compliance Certificate

Work-in-fishing compliance certificate: initial fishing vessel surveys

55.(1)

No fishing vessel shall be put into service unless a work-in-fishing

compliance certificate is issued in respect of that vessel.
(2) A work-in-fishing compliance certificate may be issued where
(a) the initial survey has been completed; and
(b) the surveyor is satisfied that the fishing vessel is compliant with all relevant regulations and fisheries specific maritime labour standards.

Work-in-fishing compliance certificate: renewal fishing vessel surveys

56.(1)
(a)
(b)

Subject to subsection (2), no Barbados registered fishing vessel shall proceed to sea; or
remain at sea,

after the date of expiry of a work-in-fishing compliance certificate.
(2) A work-in-fishing compliance certificate may be renewed where
(a) a fishing vessel renewal survey was completed; and

(b) the surveyor is satisfied that the fishing vessel is compliant with all relevant regulations and fisheries specific maritime labour standards.
(3) A Barbados registered fishing vessel renewal survey shall be carried out
every 5 years except where
(a) the renewal survey is completed
(i) within 3 months before the expiry date of the existing Work-in-
Fishing Compliance Certificate ; or
(ii) after the expiry date of the existing Work-in-Fishing Compliance Certificate,
and the new Work-in-Fishing Compliance Certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of the expiry of the existing Certificate of Seaworthiness;
(b) the renewal survey is completed more than 3 months before the expiry date of the existing Work-in-Fishing Compliance Certificate and the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of completion of the renewal survey; and
(c) at the expiry date of the Work-in-Fishing Compliance Certificate, the fishing vessel is not in a place where it can be surveyed, the period of validity of the Work-in-Fishing Compliance Certificate may be extended but the extension shall be granted only
(i) for the purpose of allowing the fishing vessel to complete her voyage to the port in which she is to be surveyed; or
(ii) in cases where it is reasonable to do so.
(4) Where subsection 3(c) applies, the period of validity of the Work-in-
Fishing Compliance Certificate may be extended by the period of time the vessel takes to arrive at the surveying port but no later than a period of 3 months from the date of the extension.

(5) On completion of the survey referred to in subsection (3)(c), a new work-
in-fishing compliance certificate shall be issued and be valid from the expiry date of the existing Work-in-Fishing Compliance Certificate, before the extension, for a period of 5 years.
(6) Notwithstanding subsections (3) and (4),
(a) the Chief Fisheries Officer may extend a work-in-fishing compliance certificate from the date of expiry of the existing Work-in-Fishing Compliance Certificate for one month for a short voyage so that a renewal survey can be completed; and
(b) where the fishing vessel renewal survey is completed the new Work- in-Fishing Compliance Certificate shall be valid from the date of expiry of the existing certificate, before the extension was granted, for a period of 5 years.
(7) The Chief Fisheries Officer may, in special circumstances, grant the
renewal of the Work-in-Fishing Compliance Certificate from the date of the completion of the renewal survey for a period of 5 years.

Requirement for certificates: annual fishing vessel surveys

57.(1)
(a)
(b)

No Barbados registered commercial fishing vessel shall proceed to sea; or
if she is already at sea remain at sea,

unless an annual fishing vessel survey has been completed in respect of that vessel, a valid work-in-fishing compliance certificate has been issued and the requirements set out in subsection (2) are met.
(2) The requirements are that
(a) a survey has been carried out in respect of the fishing vessel;
(b) at the date of the annual survey, the surveyor is satisfied that the fishing vessel is compliant to the extent practicable with the Work-in-Fishing

Convention Regulations and general fisheries specific maritime labour standards; and
(c) in consequence, the Work-in-Fishing Compliance Certificate has been endorsed to this effect and is still valid.

Fishing Vessel Energy Efficiency Certificate

Requirement for certificates: initial fishing vessel surveys

58.(1)

Every Barbados registered commercial fishing vessel on which energy

efficient systems are installed shall maintain such systems to ensure continued energy efficient performance of the vessel, before
(a) being put into service; and
(b) if she is already in service being allowed to continue in service,
on or at any time after the date applicable to that fishing vessel and the requirements outlined in subsection (2) are met.
(2) The requirements are that
(a) an initial survey has been carried out in respect of the fishing vessel;
(b) at the date of the initial survey, the surveyor is satisfied that the energy specific equipment, fittings and other arrangements of the fishing vessel are maintained to ensure her continued energy efficient operations; and
(c) in consequence of that initial survey, a fishing vessel energy efficiency certificate has been issued in respect of that fishing vessel and is still valid.
(3) The Chief Fisheries Officer may where he deems it in the best interests of
the fishing industry, require Barbados registered non-commercial fishing vessels to be energy efficient certified, and where he so determines shall specify the relevant requirements in a fisheries sector management directive.

Requirement for certificates: renewal fishing vessel surveys

59.(1)
(a)
(b)

No Barbados registered commercial fishing vessel shall proceed to sea; or
remain at sea,

after the date of expiry of a fishing vessel energy efficiency certificate in respect of that fishing vessel, unless the requirements outlined in section (2) are met.
(2) The requirements are that
(a) a renewal survey has been carried out in respect of the fishing vessel;
(b) at the date of the renewal survey, the surveyor is satisfied that the energy specific equipment, fittings and other arrangements of the fishing vessel are maintained to ensure her continued energy efficient operations; and
(c) in consequence of that renewal survey, a fishing vessel energy efficiency certificate has been renewed in respect of that fishing vessel and is still valid.
(3) Renewal surveys are to be carried out every 5 years on commercial fishing
vessels, except as follows:
(a) when the renewal survey is completed within 3 months before the expiry date of the existing Fishing Vessel Energy Efficiency Certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing Fishing Vessel Energy Efficiency Certificate;
(b) when the renewal survey is completed after the expiry date of the existing Fishing Vessel Energy Efficiency Certificate, the new certificate shall be valid from the date of completion of the renewal

survey to a date not exceeding 5 years from the date of expiry of the existing Fishing Vessel Energy Efficiency Certificate;
(c) when the renewal survey is completed more than 3 months before the expiry date of the existing Fishing Vessel Energy Efficiency Certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of completion of the renewal survey;
(d) if a fishing vessel, at the time when a fishing vessel energy efficiency certificate expires, is not in a place in which she is to be surveyed, the period of validity of the Fishing Vessel Energy Efficiency Certificate may be extended, but this extension shall be granted only for the purpose of allowing the fishing vessel to complete her voyage to the port in which she is to be surveyed, and then only in cases where it appears proper and reasonable to do so;
(e) no fishing vessel energy efficiency certificate shall be extended for a period longer than 3 months, and a fishing vessel to which an extension is granted shall not, on her arrival at the place in which she is to be surveyed, be entitled by virtue of such extension to leave that place without having a new fishing vessel energy efficiency certificate;
(f) where the renewal survey is completed, the new Fishing Vessel Energy Efficiency Certificate shall be valid to a date not exceeding 5 years from the date of expiry of the existing certificate before the extension is granted;
(g) a fishing vessel energy efficiency certificate issued to a fishing vessel engaged on short voyages that has not been extended under paragraphs
(a) to (e) may be extended by the Chief Fisheries Officer, for a period of grace up to one month from the date of expiry stated on it; and
(h) where the renewal survey is completed, the new Fishing Vessel Energy Efficiency Certificate.

(4) For the purposes of subsection (3)(h), in special circumstances as
determined by the Chief Fisheries Officer, a new fishing vessel energy efficiency certificate need not be dated from the date of expiry of the existing certificate and in these special circumstances, the new Fishing Vessel Energy Efficiency Certificate shall be valid to a date not exceeding 5 years from the date of completion of the renewal survey.

Requirement for certificates: annual fishing vessel surveys

60.(1)
(a)
(b)

No Barbados registered commercial fishing vessel shall proceed to sea; or
if she is already at sea, remain at sea,

after the end of any annual survey period for that fishing vessel, unless the requirements outlined in subsection (2) are met.
(2) The requirements referred to in subsection (1) are that
(a) a survey has been carried out in respect of the fishing vessel;
(b) at the date of the annual survey, the surveyor is satisfied that the energy specific equipment, fittings and other arrangements of the fishing vessel are maintained to ensure her continued energy efficient operations; and
(c) in consequence, the Fishing Vessel Energy Efficiency Certificate has been endorsed to this effect and is still valid.

Fishing vessels without energy specific equipment, fittings, etc.

61.(1)

Owners of fishing vessels without energy specific equipment, fittings

or arrangements shall maintain a good environmental performance in relation to their operations, in order to prevent, reduce and control emissions by fishing vessels, and shall make every effort to install energy specific equipment, fittings or arrangements.

(2) Surveyors, when conducting seaworthiness surveys in respect of fishing
vessels that do not have energy specific equipment, fittings or arrangements, shall assess the general condition of the vessel in relation to its energy performance capabilities.

Survey certificates to be accompanied by surveyor’s report

62.(1)
report:
(a)
(b)
(c)

The following certificates shall be accompanied by a surveyor’s

certificate of seaworthiness;
work-in-fishing compliance certificate; and fishing vessel energy efficiency certificate.

(2) A surveyor’s report referred to in subsection (1) shall contain all of the
particulars of the vessel and the survey specifics.

Deficient fishing vessel: procedure to be adopted

63.(1)

Where a surveyor determines that the condition of a fishing vessel to

which this Part applies does not correspond substantially with the particulars on one or more of the certificates referred to in this Part or is such that the fishing vessel is not fit to proceed to sea without danger to the fishing vessel, persons or cargo onboard, the surveyor shall advise the owner or operator, of the corrective action which in the surveyor’s opinion is required, and shall notify the Chief Fisheries Officer.
(2) If such corrective action is not taken within such reasonable period as a
surveyor may specify, the surveyor shall notify the Chief Fisheries Officer who may suspend the validity of the particular certificate issued to the fishing vessel.
(3) The Chief Fisheries Officer shall give notice of any such suspension to the
surveyor and to the owner who in turn shall notify the fishing vessel operator, if the owner is not the operator.

(4) This section applies to Barbados registered fishing vessels and other
fishing vessels which have been surveyed pursuant to this Part.

Approved marine surveyors of the Fisheries Division

64.(1)

The Chief Fisheries Officer may nominate such persons or

organizations to conduct fishing vessel surveys on its behalf as may be necessary.
(2) There shall be maintained in relation to such nominated persons and
organizations, a list to be known as the “List of Approved Marine Surveyors of the Fisheries Division”.

Unscheduled surveys

65.(1)

The Chief Fisheries Officer, an approved marine surveyor or other

authorized officer may at any time, without notice or warrant stop, board and inspect a Barbados registered fishing vessel or any other sea-going craft, suspected to be engaged in fishing or related activities in the Barbados waters, for the purpose of satisfying himself that
(a) there is in existence a valid certificate of registration with respect to the vessel and that the specifications listed in the Certificate of Registration correspond to the vessel;
(b) there is in existence a valid survey certificate in respect of that vessel;
(c) all persons working onboard a vessel have valid health certificate;
(d) there is a valid commercial fishing licence in respect of the vessel issued under this Act; and
(e) there is no prohibited fishing gear onboard.
(2) On completion of an inspection under subsection (1), a written report shall
be submitted to the Chief Fisheries Officer setting out the results of the unscheduled survey and specifying any recommendations.

(3) Where having considered the report submitted under subsection (2), if
Chief Fisheries Officer is satisfied that the vessel
(a) is unseaworthy and not fit for the purpose of fishing;
(b) equipment is not being maintained in accordance with the prescribed standards; or
(c) is not in compliance with any of the conditions set out in this Act,
he may suspend or cancel any certificate and any licence or permit in respect of the vessel until such time as the deficiencies relating to the vessel are rectified.
(4) In the case where the vessel is intercepted at sea and is not in compliance
with the requirements of this Act or any other enactment, the vessel shall be escorted to port for further investigation and action.

Fraudulent surveys

66.(1)
(a)
(b)

(c)

(d)

A surveyor referred to in section 64 shall not prepare or issue an untrue or inaccurate vessel survey certificate;
a report or record on the status of a vessel without conducting a vessel survey;
a report or record that falsely states that a fishing vessel is seaworthy, workin-fishing compliant or energy efficient; or
a vessel survey with false or inaccurate information.

(2) A surveyor who contravenes subsection (1) is guilty of an offence and is
liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.
(3) The Chief Fisheries Officer shall terminate the services of a surveyor who
contravenes subsection (1).

PART XII

REGISTRATION OF BARBADOS FISHING VESSELS

Registration of Barbados Fishing Vessels engaged in Fishing or Related Activities

Registration of Barbados fishing vessels

67.(1)

No person shall operate a fishing vessel or other sea-going craft used

for fishing or related activities in Barbados waters, unless the fishing vessel or sea-going craft
(a) is registered and the owner is in possession of a valid certificate of registration of a Barbados fishing vessel issued in respect of that vessel or other sea-going craft, as prescribed under this Act; and
(b) has insurance coverage or cover in an equivalent form of financial security against risk of loss or damage to third parties.
(2) The policy of insurance or equivalent form of security referred to in
subsection (1)(b) shall
(a) at a minimum, provide coverage against injury to third parties, damage to vessel, loss of or damage to cargo or loss of life; and
(b) be in an amount corresponding to the limits of liability established under Article 15(2)(b) of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the 1996 Protocol.
(3) Pursuant to subsection (2) coverage for claims for loss of life or personal
injury shall be the Barbados equivalent of 500 000 SDRs and coverage for any other claims shall be the Barbados equivalent of 250 000 SDRs.
(4) This section does not apply to vessels registered with the Barbados
Maritime Transport Administration for Shipping and Watersport Activities.

Barbados fishing vessel register

68.(1)

The Chief Fisheries Officer shall establish and maintain a register of

all local fishing vessels to be known as the “Register of Barbados Fishing Vessels”.
(2) The Register of Barbados Fishing Vessels shall contain the following
particulars in respect of all fishing vessels registered in Barbados:

(a)
(b)

(c)

(d)

(e)
(f)
(g)
(h)

(i)
(j)
(k)

the name, registration number, class and type of vessel;
the name and address of the owner, the owner’s agent or the operator of the vessel;
the specifications of the vessel including the construction material, colour of the hull and superstructure, year and place of construction, dimensions and tonnage;
the specifications of the engine, including type, serial number and capacity;
the type of fishing gear, fishing method and fish storage capacity; the place of mooring of the vessel;
details of the surveyor’s certificate;
the date of suspension or deletion of the previous registration of the vessel, if applicable;
a notarized bill of sale;
particulars of any mortgages or similar charges on the vessel; and any other particulars that may be prescribed.

(3) The Chief Fisheries Officer shall, on payment of the prescribed fee by a
person who has a legitimate interest, grant permission to that person to inspect the Register of Barbados Fishing Vessels.

Classes of Barbados registered fishing vessels

69.(1)
(a)

The Chief Fisheries Officer shall keep a register for

(i) classes of fishing vessels operating locally;
(ii) Barbados registered fishing vessels under construction; and
(iii) fishing vessels that are laid up; and
(b) have provisional registration for Barbados registered fishing vessels.
(2) A person who temporarily takes a fishing vessel out of service, shall apply
to the Chief Fisheries Officer to register the fishing vessel as laid up.
(3) An application under subsection (2) shall be made to the Chief Fisheries
Officer in such form as may be specified by him and shall be accompanied by
(a) the application fee;
(b) the certificate of registration issued in respect of that fishing vessel;
(c) written authorization from the fishing vessel owner authorizing the agent to act on the fishing vessel owner’s behalf, in the case of an agent; and
(d) such other information and documentation as may be required by the Chief Fisheries Officer.
(4) The Chief Fisheries Officer may register a fishing vessel as laid up, if he
is satisfied that the applicant has satisfied the conditions referred to in subsection (3).
(5) The Chief Fisheries Officer shall, upon registration of a fishing vessel as
laid up, issue a certificate of registration of a fishing vessel in laid up status.

(6) Where a fishing vessel is registered as laid up
(a) the fishing vessel owner shall comply with
(i) any conditions imposed; and
(ii) the provisions of this Act and any other enactment; and
(b) the fishing vessel shall not be removed from the lay up location stated in the application, unless
(i) the necessary vessel survey has been conducted by an approved marine surveyor after the lay up period; and
(ii) a certificate of seaworthiness or endorsement has been issued in respect of the fishing vessel after the lay up period.
(7) No person shall operate a fishing vessel registered as laid up, except for
the purpose of a fishing vessel survey.
(8) A person who contravenes subsection (6) or (7) is guilty of an offence and
is liable on summary conviction to a fine of $20 000 or to imprisonment for 3 months or to both.
(9) A person who wishes to reactivate a fishing vessel’s registration status as
a fishing vessel from a vessel in laid up status shall
(a) surrender to the Chief Fisheries Officer the Certificate of Registration of Vessel in laid up status in relation to the vessel; and
(b) submit to the Chief Fisheries Officer a certificate of seaworthiness or endorsement following a fishing vessel survey in respect of the vessel after the laid up period.
(10) Where a person complies with subsection (9)
(a) the Chief Fisheries Officer shall return the previously surrendered Certificate of Registration where such certificate has not expired during the period the fishing vessel was laid up; or

(b) he may apply for a certificate of registration where such previously surrendered certificate has expired during the period the fishing vessel was laid up.

Naming of Barbados fishing vessels

70.(1)

The owner of a Barbados fishing vessel shall, before the vessel is

registered, choose a name for the vessel and submit that name, as specified in a fishing industry notice, to the Chief Fisheries Officer for approval.
(2) The Chief Fisheries Officer shall not approve a name if it is
(a) the same name as that assigned to another registered fishing vessel;
(b) likely, in the opinion of the Chief Fisheries Officer, to
(i) deceive or be confused with the name of another vessel registered under any other enactment; or
(ii) be objectionable and or offend public morals.
(3) A Barbados fishing vessel shall not be described by any name, other than
the name by which she is registered.

Application for registration

71.(1)

The owner of a fishing vessel who intends to use the vessel for fishing

or related activities in the waters of Barbados shall apply to the Chief Fisheries Officer, in such form as may be specified by him, for the registration of that vessel.
(2) An application under subsection (1) shall be accompanied by
(a) the application fee; and
(b) a copy of the
(i) certificate of inspection; and
(ii) insurance certificate.

(3) A person who uses a fishing vessel that is not registered is guilty of an
offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

Registration of a fishing vessel

72.(1)

Subject to subsection (2), where the Chief Fisheries Officer is satisfied

that there is in existence in respect of a fishing vessel
(a) a valid certificate of inspection; or
(b) a valid certificate of insurance other documentary evidence as to equivalent insurance coverage,
the Chief Fisheries Officer shall, register the vessel.
(2) The Chief Fisheries Officer shall
(a) assign to the vessel a registration number consisting of a sequence of letters and numbers approved by the Chief Fisheries Officer;
(b) issue the owner a certificate of registration of a Barbados fishing vessel;
(c) record the details of the vessel specified under section 68(2) in the Register of Barbados Fishing Vessels.

Certificate of registration

73. A certificate of registration referred to section 72(2)(b) shall contain
    the following:
    (a) the class and type of vessel;
    (b) the registration number and name of the vessel;
    (c) the name and address of the owner of the vessel;
    (d) the specifications of the vessel, including the dimensions, material of which the vessel is constructed, year and place of construction, tonnage and colours of the hull and superstructure;

(e) the specifications of the engine, including type, serial number and capacity;
(f) the name of the home port or normal place of mooring; and
(g) such other particulars as may be required by the Chief Fisheries Officer.

Validity of a certificate of registration

74.(1)

The Certificate of Registration and registration number assigned to

the fishing vessel shall
(a) remain in respect of that fishing vessel; and
(b) not be issued to any other fishing vessel within 3 years of the removal of that vessel from the Register of Barbados Fishing Vessels.
(2) Notwithstanding subsection (1), every registration number assigned to a
fishing vessel shall be valid until
(a) the owner informs the Chief Fisheries Officer in writing; or
(b) the Chief Fisheries Officer is satisfied that
(i) the vessel no longer exists;
(ii) the vessel is no longer involved in fishing;
(iii) the vessel has not been made available for inspection for 3 consecutive years;
(iv) the hull of the vessel has been so structurally altered that it is no longer described by the details of that vessel in the Register of Barbados Fishing Vessels;
(v) the owner has asked that the vessel be removed from the register; or
(vi) the vessel’s registration has been cancelled under this Act.

Identification and marking of fishing vessel

75.(1)

Every owner or master of a Barbados registered fishing vessel shall

ensure that
(a) the registration number assigned to the vessel; and
(b) any other identification markings that may be assigned to the vessel,
are marked on the vessel as specified by the Chief Fisheries Officer.
(2) A Barbados registered fishing vessel is entitled to fly the Barbados flag.

Display of certificate of registration

76.(1)

Every fishing vessel, except an open vessel, shall display the

Certificate of Registration in a conspicuous place on the fishing vessel.
(2) The owner or master of an open vessel shall, when required to do so by the
Chief Fisheries Officer, deliver the Certificate of Registration to the Chief Fisheries Officer, an inspector or an authorized officer within 24 hours of that request.

Replacement of certificate of registration

77.(1)

Where a certificate of registration issued under this Act is misplaced,

lost or destroyed the owner, master or agent of the vessel shall apply to the Chief Fisheries Officer for a copy of the Certificate of Registration.
(2) The application for a copy of a certificate of registration referred to in
subsection (1) shall be in such form as the Chief Fisheries Officer specifies and accompanied by the prescribed fee.

Suspension or cancellation of registration

78.(1)

The Chief Fisheries Officer may suspend the registration of a

Barbados registered fishing vessel where the
(a) vessel is not marked in accordance with this Act; or

(b) owner of the vessel fails to comply with the prescribed safety standards.
(2) The Chief Fisheries Officer shall cancel the registration of a Barbados
registered fishing vessel where the
(a) vessel has been lost, destroyed or has been inactive for a period of 3 years or more;
(b) vessel is no longer being used as a fishing vessel;
(c) Chief Fisheries Officer is satisfied that the vessel has been
(i) altered to such an extent that the fishing vessel is no longer described by the particulars in the Register of Barbados Fishing Vessels; or
(ii) abandoned or derelict; or
(d) owner of the vessel informs the Chief Fisheries Officer that the vessel has been removed from service.

Qualification for provisional registration

79. Notwithstanding anything under this Part, the Chief Fisheries Officer
    or a person designated by the Chief Fisheries Officer may provisionally register a fishing vessel as a Barbados fishing vessel where
    (a) the owner of the fishing vessel has submitted the required registration documentation except the tonnage measurement documents;
    (b) the fishing vessel is operated for the purpose of a sea trial;
    (c) the fishing vessel is in the process of being transferred from a register in a foreign country to the Register of Barbados Fishing Vessels;
    (d) any outstanding documents required for registration have not been submitted; or
    (e) pending satisfaction of a registration condition specified under this Act or any other enactment.

Application for provisional registration

80. A person may apply to the Chief Fisheries Officer to provisionally
    register a fishing vessel under this Part by
    (a) submitting such form as may be specified by the Chief Fisheries Officer accompanied by any supporting documentation; and
    (b) paying the prescribed fee.

Certificate of provisional registration

81.(1)

The Chief Fisheries Officer or a person designated by the Chief

Fisheries Officer may provisionally register a fishing vessel under this Part after the receipt of the application and the prescribed fee.
(2) Where provisional registration of a fishing vessel under subsection (1) has
been granted, the Chief Fisheries Officer or a person designated by the Chief Fisheries Officer shall issue a certificate of provisional registration.
(3) A certificate of provisional registration
(a) is valid for a period of one year; and
(b) shall not be renewed, extended or transferred.

Construction certificate of registration

82.(1)

The Chief Fisheries Officer or a person designated by the Chief

Fisheries Officer, may issue a fishing vessel construction certificate of registration to the owner of a fishing vessel where
(a) the owner of a fishing vessel
(i) makes a written request to the Chief Fisheries Officer for a fishing vessel construction certificate of registration; and
(ii) pays the prescribed fee;
(b) a certified copy of the construction contract is provided; and

(c) the construction of the fishing vessel has commenced.
(2) Where the construction of the fishing vessel is complete, the
(a) Chief Fisheries Officer or a person designated by the Chief Fisheries Officer shall, as soon as reasonably practicable, issue a certificate of provisional registration; and
(b) owner of the fishing vessel shall immediately surrender the Construction Certificate of Registration issued under subsection (1) to the Chief Fisheries Officer or a person designated by the Chief Fisheries Officer.

Vessel Monitoring Device or Equipment

Registered fishing vessels to carry vessel monitoring equipment

83.(1)

A Barbados registered fishing vessel shall carry onboard an approved

vessel monitoring device or equipment as an integral component of the national vessel monitoring system, while the fishing vessel is in
(a) the waters of Barbados;
(b) areas beyond national jurisdiction where Barbados has sovereign rights; or
(c) such other areas as specified or agreed in an international agreement or international fisheries conservation and management measures.
(2) The vessel monitoring device or equipment shall be
(a) maintained in accordance with the manufacturer’s specification; and
(b) active all times when the vessel is at sea.

Master to give notice of non-functioning vessel monitoring device or equipment

84. Where the vessel monitoring device or equipment ceases to operate,
    the master or owner shall immediately
    (a) notify the Chief Fisheries Officer or Coast Guard of the
    (i) vessel’s name;
    (ii) vessel’s call sign;
    (iii) vessel’s position expressed in longitude and latitude; and
    (iv) date and time that the vessel monitoring device or equipment became inoperable; and
    (b) on return to port
    (i) have the problem of the vessel monitoring device or equipment repaired before returning to sea; and
    (ii) submit a written report on the inoperability of the vessel monitoring device or equipment to Chief Fisheries Officer.

Tampering with the vessel monitoring device or equipment

85.(1)
(a)

(b)

No person shall
without lawful excuse render inoperative or otherwise interfere with the vessel monitoring device or equipment or other device installed pursuant to this section; or
intentionally, recklessly or negligently

(i) destroy, damage, render inoperative or otherwise interfere with any part of an automatic location communicator or vessel monitoring system aboard a vessel licensed pursuant to this Act or any other enactment;

(ii) feed or input into that system data or information which is meaningless or inaccurate; or
(iii) divulge information or data obtained from a vessel monitoring device or equipment or a report or recording required to a person not entitled to receive that information or data in the course of duty.
(2) A person who contravenes subsection (1) is guilty of an offence and liable
on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

PART XIII

REGISTRATION OF FOREIGN FISHING VESSELS IN BARBADOS

Registration of Foreign Fishing Vessels

Application

86. Where the owner of a foreign fishing vessel wishes to bring the vessel
    into Barbados from another country and registers the fishing vessel in accordance with this Part, the owner shall, along with the prescribed application, submit the following documentation to the Chief Fisheries Officer:
    (a) the fishing vessel’s registration history;
    (b) proof of third party liability insurance or other equivalent form of financial security against risks of loss or damage to third parties;
    (c) details of present and pass ownership of the fishing vessel including names and citizenship;
    (d) dimensions and colour of the fishing vessel;
    (e) type and size of engine and the fish storage capacity;
    (f) a recent survey report of the fishing vessel;

(g) written evidence that the fishing vessel
(i) has been removed from its last registry;
(ii) has never been involved in illegal, unreported or unregulated fishing; or
(iii) is not listed on the International Commission for the Conservation of Atlantic Tuna’s list of illegal, unreported or unregulated fishing vessels;
(j) side and front profile photograph of the fishing vessel; and
(k) evidence of the payment of the prescribed non-refundable application fee referred to in this Act.

Register of foreign owned Barbados registered fishing vessels

87.(1)

The Chief Fisheries Officer shall establish a register of all foreign

owned Barbados registered fishing vessels to be known as the “Register of Foreign Owned Barbados Registered Fishing Vessels”.
(2) The Register of Foreign Owned Barbados Registered Fishing Vessels shall
contain the following particulars in respect of the fishing vessel:
(a) the present and previous names (if applicable), registration number, fishing licence number and home port;
(b) the international radio call sign;
(c) the names and addresses of the vessel’s owner, agent, captain or master;
(d) the year in which the vessel was built and the place of construction and material of construction;
(e) the type of vessel and a side profile photograph of the vessel;
(f) the vessel’s specifications, such as, dimensions and tonnage;
(g) the type of fishing gear, fishing method and fish storage capacity;
(h) the power of the main engine or engines of the vessel;

(i)
(j)

the vessel’s navigation and position fixing equipment; and
any other particulars that may be required by the Chief Fisheries Officer.

Inspection of foreign fishing vessel

88. The Chief Fisheries Officer shall, on receipt of the application, review
    the accompanied documentation and conduct an inspection of the vessel.

Registration of a foreign fishing vessel

89.(1)

The Chief Fisheries Officer may issue an inspection certificate for a

foreign owned fishing vessel where the Chief Fisheries Officer is satisfied that the fishing vessel
(a) was not involved in illegal, unreported or unregulated fishing;
(b) has been de-registered from its last registry;
(c) is seaworthy and fit for purpose; and
(d) is foreign owned by at least 51 per cent.
(2) The Chief Fisheries Officer shall, having issued the inspection certificate
pursuant to subsection (1), record the details of the vessel in the Register of Foreign Owned Barbados Registered Fishing Vessels and issue a certificate of registration of a foreign owned Barbados registered fishing vessels.
(3) The conditions applicable to a Barbados owned fishing vessel shall apply
to a foreign owned Barbados registered fishing vessel referred to in subsections
(1) and (2).

PART XIV

REGISTRATION OF INTERNATIONAL SEA-GOING FISHING VESSELS

Application under this Part

90.(1)

This Part applies to fishing vessels engaged in international sea-going

fishing activities.
(2) This Part does not apply to Barbados registered fishing vessels intended to
strictly operate within the EEZ limits of Barbados or the Caribbean Trading Area.

Barbados international fishing vessel registry programme

91. The Chief Fisheries Officer shall develop a Barbados International
    Fishing Vessel Registry Programme for the purpose of
    (a) registering international sea-going fishing vessels;
    (b) sustainably developing Barbados’ international fisheries sector;
    (c) building Barbados’ international sea-going fisheries fleet;
    (d) promoting international fisheries trade and commerce; and
    (e) facilitating the effective management and development of Barbados’ international fishing industry.

Barbados international fishing vessel registry co-management arrangements

92.(1)

The Minister may, after consultation with the Chief Fisheries Officer,

enter into co-management arrangements with any entity wishing to assist Barbados in the management of its International Fishing Vessel Registry, for purposes of jointly managing international fisheries affairs and registry related matters.

(2) A co-management arrangement entered into for the joint management of
international fisheries business and registry related matters shall contain the following:
(a) the parties to the arrangement;
(b) the duration of the arrangement;
(c) scope of activities within the arrangement;
(d) the rights and responsibilities of each party, in respect of the arrangement;
(e) approaches to conflict resolution;
(f) terms of termination of the arrangement;
(g) financial matters, in respect of the arrangement; and
(h) any other relevant particulars.
(3) The co-management arrangement shall
(a) be in writing and signed by the parties concerned; and
(b) not be contrary to national and international fisheries laws.
(4) The Government of Barbados shall retain its existing role and functions in
the management, regulation and enforcement of any international fisheries business, including an international fishing vessel registry operation managed within a comanagement arrangement.
(5) The entity entering into a co-management arrangement with the
Government of Barbados shall pay the Government
(a) such percentage of the proceeds generated from international fishing vessel registry operations as may be determined by the Minister;
(b) annually, such fee as may be prescribed by the Minister; or
(c) such other fee at such intervals as may be determined by the Minister.

(6) The Minister shall, in writing, make a determination as to the mode, manner
and time frame in which proceeds from international fishing vessel registry operations are to be paid to the Government of Barbados, and communicate that determination to the Principal Registrar.
(7) There shall be no transfer of ownership of the International Fishing Vessel
Registry of Barbados under any co-management arrangement.

Registrar of International Sea-going Fishing Vessels

93.(1)
Vessels.

There shall be a Principal Registrar of International Sea-going Fishing

(2) The Principal Registrar shall
(a) register international sea-going fishing vessels flying the Barbados flag;
(b) administer the Barbados International Fishing Vessel Registry programme;
(c) perform administrative duties of the Ministry responsible for Fisheries in relation to international sea-going fishing vessels, and undertake the general conduct and supervision of all matters relating to the registration of fishing vessels under this Act, outside Barbados;
(d) impose administrative fines as may be prescribed under this Act;
(e) maintain a register of international sea-going fishing vessels, as specified in this Act or any other enactment;
(f) exercise authority, either directly or through any person who has been appointed as an agent to
(i) administer all oaths and take acknowledgements required by this Act;

(ii) issue radio licenses in respect of international sea-going fishing vessels for radio transmitting apparatus located onboard a fishing vessel registered under this Part; or
(iii) issue any license, certificate or other documents for officers and personnel on fishing vessels registered under this Part for the purpose of complying with this Act, any other enactment, or of any international convention to which Barbados is party;

(g)

(h)

(i)

maintain proper records of everything done by him or his agents and pay to the Accountant General any fees collected on behalf of the Government;
keep the Chief Fisheries Officer informed of every action taken and fees collected or every charge made by him or by his agent; and
appoint registrars to assist the Principal Registrar in the performance of his duties.

(3) The Principal Registrar shall not be liable for damages or any loss accruing
to any person by reason of any act done or default made by him in good faith.

Register of international sea-going fishing vessel

94.(1)

The Chief Fisheries Officer shall establish a register of international

sea-going fishing vessels to be known as the “Register of International Sea-going Fishing Vessels”.
(2) The Register of International Sea-going Fishing Vessels shall contain
(a) the full name of the owner, if the owner is an individual;
(b) a certified copy of the certificate of incorporation, if the owner is a company;
(c) the address of the owner;
(d) the nationality of the owner, if there are multiple owners, the nationality of each owner;

(e)

(f)

(g)
(h)
(i)
(j)
(k)
(l)
(m)

(n)
(o)
(p)

the name, address and nationality of the bareboat charterer, if the vessel is bareboat chartered;
the name, address and nationality of the operator, if the operator is not the owner or is a bareboat charterer;
the shares or interest of each owner in the vessel;
the name of the vessel and the previous name and registry, if applicable; the place or port of registration;
the official number or mark of identification of the vessel;
the description of the main technical characteristics of the vessel; the details in the surveyor’s certificate;
the date of suspension or deletion of the previous registration of the vessel;
a notarized bill of sale;
the particulars of any mortgages or other similar charges; and any other relevant particulars in respect of the vessel.

Foreign vessel to be registered

95. No fishing vessel engaged in foreign trade shall be documented under
    the laws of Barbados or be accorded the rights and privileges of a vessel of Barbados, unless such vessel is registered in accordance with the provisions of this Part.

Registration of international sea-going fishing vessels

96.(1)
(a)

An international sea-going fishing vessel is entitled to be registered if
it is owned, wholly or partially, by a citizen or permanent resident of Barbados, or a foreign maritime entity lawfully authorized to conduct business in Barbados;

(b) an application for fishing vessel registration is made;
(c) a certificate of survey, statement of compliance or similar documentation is received from the owner; and
(d) such other conditions as are prescribed under this Part are complied with.
(2) The Principal Registrar shall document fishing vessels in the same manner
as any other vessel engaged in foreign trade subject to the laws and treaty obligations of Barbados.

Refusal and termination of registration

97.(1)

The Principal Registrar may refuse to register a fishing vessel where

it is considered inappropriate for the fishing vessel to be registered under the laws of Barbados.
(2) The Principal Registrar may terminate a fishing vessel’s registration if
(a) having regard to subsection (1), it would be detrimental to the interests of Barbados or of international trade in fisheries for a registered fishing vessel to continue to be registered;
(b) a penalty imposed on the owner of a registered fishing vessel in respect of a contravention of this Act, any other enactment or any regional or international instrument in force under this Act, has remained unpaid for a period exceeding 3 months;
(c) the annual tonnage tax has remained unpaid for a period exceeding one year; or
(d) the vessel becomes a total or constructive total loss.

Vessels eligible to be documented and re-documented

98.
(a)

Any commercial fishing vessel of 24 metres or more in length; or

(b) between 18 metres and 24 metres in length,
engaged in foreign trade, wherever built, owned by a citizen or national of Barbados or of a foreign maritime entity qualified in Barbados is eligible to be documented or redocumented under this Part.

Fishing vessels not to be documented

99.(1)

A fishing vessel engaged solely in domestic commerce shall not be

documented under this Part.
(2) Notwithstanding that a fishing vessel in respect of which an application
for registration has been made is entitled to be documented, the Principal Registrar, or a duly authorized agent, may refuse registration of a fishing vessel if satisfied that after due consideration it would be detrimental to the interests of Barbados or of international fisheries trade for the vessel to be documented.

Certificate of registry for international sea-going fishing vessels

100. A fishing vessel registered under this Part shall be issued a certificate
     of registry for international sea-going fishing vessels.

Conditions precedent to issuance of permanent certificate of registry for international sea-going fishing vessels

101.(1)

The owner of a fishing vessel eligible for documentation and

requesting the issuance of a certificate of registry for the vessel, accompanied by the oath or oaths required by this Part, may in the approved form and upon payment of the prescribed fee, apply to the Principal Registrar.
(2) The Principal Registrar may, after consideration of an application under
subsection (1), issue a permanent certificate of registry for the fishing vessel if he is satisfied that the applicant
(a) is the owner of the vessel;

(b) has surrendered any foreign marine document for the vessel with the consent of the government that had issued it, or has been legally cancelled or otherwise terminated;
(c) has ensured that the vessel is in a seaworthy condition;
(d) has paid to the Principal Registrar or a person designated by the Principal Registrar a sum equal to the initial registration fee and tonnage tax;
(e) has the markings of name, official number, home port and draught on the vessel pursuant to section 107; and
(f) has been issued a certificate of measurement in respect of the vessel.

Oaths 102.(1)
(a)

(b)

A fishing vessel may be documented under this Part if, in the case of
an individual owned vessel, the owner, managing owner, part owner, or his agent authorized by power of attorney; or
a corporate owned vessel, the president, vice president, secretary or assistant secretary of the corporation or other officer or agent authorized in writing,

takes an oath declaring the name of the fishing vessel, its net tonnage, the place where built, the date when built, the name and residence of any other owner and his citizenship, each owner’s proportion, and the name of the affiant and his citizenship.
(2) The oath may be taken before
(a) a notary public;
(b) an officer authorized to administer oaths by the laws of the place where the oath is administered; or
(c) any other person designated by the Principal Registrar for the administration of such oaths.

(3) Nothing contained in this section shall be construed to require the
administration of an oath by a Barbados or foreign consul.
(4) A person who acts as an agent or attorney for an owner and who purchases
any vessel from that owner, shall take an oath
(a) that he is the owner of the fishing vessel; or
(b) that he is the agent or attorney for the owner and in such capacity has made such purchase in good faith.
(5) Where the document of any vessel is lost or destroyed, the master, or other
person in command, may take the oath as set out in the Third Schedule before the persons specified in subsection (2) for the administration of such oaths at or nearest to the port where the vessel is first located after such loss or destruction.
(6) Where an oath is taken under subsection (5), the officer or person
administering such oath shall
(a) grant to the vessel a temporary provisional certificate of registry and insert therein that it is issued in lieu of the one lost or destroyed; and
(b) forthwith send to the Principal Registrar a written notice, accompanied by a copy of the oath, advising that such oath has been taken and such temporary provisional certificate issued.
(7) The Principal Registrar or special agent may, after receiving notice and
being satisfied that the vessel is entitled to a certificate of registry, grant a new certificate of registry, identical with that which was lost or destroyed.
(8) As soon as practicable after the issuance of such a Certificate of Registry,
the temporary Provisional Certificate shall be surrendered to the Principal Registrar for cancellation.

Numbering of certificates of registry for international sea-going fishing vessels

103.
(a)

(b)
(c)

The Principal Registrar or his duly authorized agent shall
number the registry certificates granted by him or his agent to fishing vessels registered under this Part, beginning at the commencement of each year;
make a record in a book kept for that purpose; and
retain permanent copies of all such documents issued by or surrendered to him.

Conditions precedent to issuance of provisional certificate of registry

104.(1)
(a)

(b)

(c)

(d)
(e)

(f)

A fishing vessel may be provisionally registered under this Part if
a person is a vessel owner and has submitted all of his registration documentation, but is awaiting tonnage measurement documents;
the vessel is under construction, and the owner intends to fully register the vessel under the Barbados flag on completion of the vessel construction;
the vessel is in the process of being transferred from another register to the Barbados Register;
the vessel has not yet performed sea trials;
outstanding documents required for permanent registration have not been submitted; or
it is required to be provisionally registered by the Principal Registrar, pending satisfaction of a registration condition as specified under this Act or any other enactment.

(2) An owner of a fishing vessel eligible for documentation and requesting the
issuance of a provisional certificate of registry for the vessel, accompanied by

the oath or oaths required by this Part, may in the approved form and upon payment of the prescribed fee, apply to the Principal Registrar for the provisional certificate of registry.
(3) The Principal Registrar may, after consideration of an application under
subsection (2), issue a provisional certificate of registry for the fishing vessel if he is satisfied that the applicant has
(a) ownership of the vessel;
(b) in relation to any foreign marine document for the vessel,
(i) surrendered the document with the consent of the issuing government;
(ii) ensured the document has been legally cancelled or otherwise terminated; or
(iii) issued orders to the master of the vessel to surrender the document for cancellation immediately upon receipt of the Provisional Certificate of Registry onboard the vessel;
(c) ensured that the vessel is in a seaworthy condition;
(d) paid to the Principal Registrar the prescribed provisional registration fee;
(e) the markings of names, official number, home port, and draught required under section 107, or that the applicant has issued orders to the master of the vessel to have markings made immediately upon receipt of the Provisional Certificate of Registry onboard the vessel; and
(f) third party liability insurance including, but not limited to
(i) coverage for pollution liability risks;
(ii) wreck removal; and

(iii) the fishing vessel owners repatriation obligations under the regulations.
(3) Subject to subsection (4), the owner of a fishing vessel shall, within 30
days after issuance of the Provisional Certificate of Registry, furnish satisfactory proof to the officer to whom the application for documentation has been presented, showing that the vessel’s outstanding foreign marine document has actually been surrendered for cancellation and that the markings required under section 107, have actually been made.
(4) Where it is established that any of the obligations will not or cannot be
complied with before the end of the 30 day period, the officer may declare the Provisional Certificate of Registry to be null and void.
(5) A permanent certificate of registry shall be issued in place of a provisional
certificate as soon as reasonably practicable after
(a) a measurement of the vessel;
(b) the surrender of the outstanding foreign marine document of the vessel for cancellation; and
(c) the making of the markings required under section 107,
and such provisional certificate shall be surrendered promptly to the Principal Registrar.
(6) Where the Permanent Certificate of Registry is issued after the surrender
of a provisional certificate under subsection (5), the charges originally paid shall be adjusted in accordance with the tonnage established by the Certificate of Measurement.
(7) The Principal Registrar may, where necessary, issue a new provisional
certificate of registry for a period not exceeding 2 years.

Conditions precedent to issuance of fishing vessel construction certificate

105.(1)

An owner of a fishing vessel may, in the approved form and upon

payment of the prescribed fee, apply to the Principal Registrar for a fishing vessel construction certificate of registry.
(2) The Principal Registrar, after consideration of an application under
subsection (1), may issue a fishing vessel construction certificate of registry for the fishing vessel if he is satisfied that the applicant has
(a) entered into a construction contract;
(b) commenced construction on the fishing vessel; and
(c) paid to the Principal Registrar the prescribed construction registration fee.
(3) A provisional certificate of registry shall be issued in place of the
Construction Certificate, as soon as reasonably practicable after completion of the fishing vessel under construction, and such Construction Certificate shall be surrendered as soon as reasonably practicable to the Principal Registrar.

Surrender and cancellation of registry

106.(1)
(a)
(b)
(c)
(d)
(e)

Where a registered fishing vessel is lost;
taken by an enemy; burned;
broken up; or
otherwise prevented from returning to the port to which she may belong,

the Registry Certificate, if preserved, shall be delivered within 8 days after the arrival of the master or person in command, to the Principal Registrar.

(2) Where a registered fishing vessel is lost, broken up or transferred from the
registry, the Principal Registrar may, subject to this Part, delete the vessel from the Registry of Barbados.
(3) Where an application is made for new registry of a fishing vessel, its former
registry certificate shall be delivered to the Principal Registrar.
(4) Where a registry certificate is granted in lieu of one lost, the lost certificate,
if found, shall be delivered to the Principal Registrar, who shall cancel it.

(5)
the

The continued validity of the Registry Certificate of a vessel is subject to

(a) payment of tonnage taxes;
(b) good standing of the owning entity; and
(c) verification for safety compliance.
(6) Where a fishing vessel owner or fishing vessel is deemed to be non-
compliant, the Registry Certificate shall be delivered immediately to the Principal Registrar, who shall cancel it.

Names, numbers and marks on international sea-going fishing vessels

107.(1)
(a)
(b)

Subject to subsection (2), every documented fishing vessel shall have her name marked upon each bow and the stern; and
the home port of the vessel shall also be marked upon the stern.

(2) The names marked on the vessel shall be painted or gilded upon beaded or
cast Roman letters in light colour on a dark background, or in a dark colour on a light background, permanently affixed and distinctly visible.
(3) Each fishing vessel of Barbados, in addition to having her name painted
on her stern, shall have the name conspicuously placed in distinct, plain letters of not less than six inches in height, on each outer side of the pilot house.

(4) The Principal Registrar may prescribe a system of numbering and marking
documented vessels and the designated number of each fishing vessel shall be marked permanently on her main beam.

Persons qualified to own Barbados international sea-going fishing vessels

108.(1)
vessels is
(a)

A person qualified to own Barbados international sea-going fishing

an individual who is either

(i) a citizen of Barbados or resident in Barbados;
(ii) a permanent resident of Barbados within the meaning of the
Immigration Act, Cap. 190;
(iii) a citizen of CARICOM States residing in a Member State of the Caribbean Community, where the ship is customarily engaged in international voyages;
(iv) an owner of fishing vessels hired out on a bareboat charter to nationals of Barbados; or
(v) in a bona fide joint venture fishing enterprise relationship with nationals of Barbados as may be prescribed;
(b) a company, including
(i) a company whose primary business is in seafood trade;
(ii) a body corporate incorporated in Barbados and established as a fisheries corporation;
(iii) a body corporate incorporated in a CARICOM State, but having beneficial ownership in the fishing vessel;
(iv) a body corporate incorporated in a non-CARICOM State, but having a beneficial ownership in the fishing vessel;

(v) corporations in bona fide joint venture fishing enterprise relationships with nationals of Barbados, as may be prescribed; or
(vi) a body corporate, partnership or other association of individuals registered in accordance with the laws of Barbados and having their main office in Barbados; or
(c) such other persons as the Minister may by order determine.
(2) A person who is not qualified under this Act for fishing vessel registration
to own a Barbados international sea-going fishing vessel may be one of the owners of such fishing vessel where
(a) the majority interest in the vessel within the meaning of section 109 is owned by persons who are qualified under subsection (1); or
(b) the fishing vessel is registered under this Part.
(3) In this section,
“Beneficial owner” means
(a) a person with legal title to the fishing vessel;
(b) a natural person who ultimately owns or controls the fishing vessel;
(c) a person recognized in equity as owner of the fishing vessel because use and title belong to that person, even though legal title may belong to someone else, especially one for whom property is held in trust; or
(d) any other person who holds a degree of control over the fishing vessel that allows him to benefit from it;
“CARICOM national” means an individual who is a citizen of a State of the Caribbean Community and resident in a State in that Community;

“CARICOM fishing company” means a corporation incorporated under laws of a State of the Caribbean Community
(a) whose principal place of business is within a State of the Caribbean Community; and
(b) where all the shares or stock of which is beneficially owned by or is otherwise beneficially and wholly owned by
(i) a CARICOM person;
(ii) an other CARICOM fishing companies; or
(iii) States of the Caribbean Community

Barbados connection and majority interest

109.(1)
(a)

(b)

Subject to any exception
a person shall be treated as owning majority interest in a fishing vessel registered under this Part where there is vested in that person the legal title and 33 percent or more shares in the fishing vessel, there being left out of account for this purpose any share in which any beneficial interest is owned by a person who is not entitled to be an owner of a Barbados fishing vessel; and
a body corporate shall be treated as resident in Barbados if it is incorporated or registered in Barbados and carries on business from a place of business maintained by it in Barbados.

(2) Subsection (1) does not require an owner of a fishing vessel interested in
flagging that vessel in Barbados to open offices or appoint representatives in Barbados.

Mortgages

Form of mortgages

110.
(a)

(b)
(c)

The Minister shall determine the form for a
mortgage produced for registration of an international sea-going fishing vessel;
transfer of a registered mortgage; or discharge of a registered mortgage,

in each case with appropriate attestation.

Subsisting mortgages on fishing vessels no longer registered

111. An undischarged mortgage registered in respect of a fishing vessel
     under this Part, which is not transferred to the Register of International Sea-going Fishing Vessels, shall continue in effect and may, if the fishing vessel comes within the jurisdiction of any court in Barbados which has jurisdiction to enforce it, be enforced by any lawful means without prejudice where the fishing vessel has been sold under judgment of a court to the effect of that judgment.

Subsisting mortgages on fishing vessels registered

112.
(a)
(b)
(c)

Any mortgage registered which remains undischarged;
relates to a fishing vessel; and
was not transferred to the Register of International Sea-going Fishing Vessels during the transitional period but becomes a registered fishing vessel with full registration after March 31st, 2023,

shall be transferred to the Register and registered as a mortgage in respect of that vessel.

Priority of a subsisting mortgage

113. The priority of a transferred mortgage shall be determined as if it had
     been produced to the Principal Registrar for the purposes of registration on the date on which it was registered under this Part.

Deletion of a registered mortgage

114.(1)
(a)
(b)

Where a mortgage
was recorded in respect of a fishing vessel; or is recorded in the register as undischarged,

the Principal Registrar may, in writing, request the mortgagee to state whether the mortgage remains undischarged.
(2) The Principal Registrar shall delete that mortgage from the register if the
mortgagee
(a) fails to respond within 30 days of the date of dispatch of the request; or
(b) states that the mortgage
(i) has been discharged; or
(ii) to the best of his knowledge no longer subsists.

Notice of intended mortgage

115.(1)

A person who is an intending mortgagee under a proposed mortgage

of a fishing vessel or of a share in any such vessel, and desires that interest to be recorded, may give notice to the Principal Registrar of his intention to register a mortgage.

(2) The notice shall be in a form approved by the Principal Registrar and shall
contain the following particulars:
(a) if the vessel is a registered vessel, the
(i) name;
(ii) official number;
(iii) name, address and signature of the intending mortgagor;
(iv) number of shares to be mortgaged; and
(v) name and address of the intending mortgagee; or
(b) if the vessel is not a registered vessel
(i) the present name of the vessel;
(ii) the intended name of the vessel;
(iii) the intended port of registry;
(iv) the approximate length of the vessel;
(v) where the vessel is registered outside Barbados, a copy of its certificate of registry or other document evidencing that registration and giving its port of registry and its registered port letters and numbers, if any;
(vi) where the vessel is a new vessel, the builder’s certificate or, if that is not available the name and address of the builder and the vessel’s yard number, if any;
(vii) where the vessel is neither a new vessel nor a registered vessel, details of any permanent marks thereon which enable the vessel to be clearly identified; and
(viii) the name, address and signature of the intending mortgagor, the number of shares to be mortgaged, and the name and address of the intending mortgagee.

Application of 1993 Convention on Maritime Liens and Mortgages

116.(1)

As from 31st January, 2024, the provisions of Article 1-16 of the

International Convention on Maritime Liens and Mortgages 1993 shall form an integral part of this Act and have the force of law as such, but without prejudice to any transaction enacted prior to that date to which the provisions of Article 1-11 of the Brussels Convention 1926 applied.
(2) Notwithstanding Article 6 of the International Convention on Maritime
Liens and Mortgages 1993, a maritime lien is valid for a period of 12 months from the time when the claim secured by it arose.

General

Applicable IMO Conventions

117.(1)

International sea-going fishing vessels shall comply with the

following IMO Conventions:
(a) International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended;
(b) Protocol of 1988 relating to the International Convention for the Safety of Life at Sea (SOLAS PROT), 1974, as amended;
(c) International Convention for the Prevention of Marine Pollution from Ships (MARPOL), 1973, as modified by the Protocol of 1978, as amended;
(d) Protocol of 1997 (MARPOL, Annex VI) to amend the International Convention for the Prevention of Pollution from Ships, as modified by the Protocol of 1978;
(e) International Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS), 2001, as amended;

(f)

(g)
(h)

(i)

(j)

International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM), 2004, as amended;
International Convention on Load Lines (LL), 1966;
Protocol of 1988 relating to the International Convention on Load Lines (LL PROT), 1966;
International Convention on Tonnage Measurement of Ships (TONNAGE), 1969; and
Convention on the International Regulations for Preventing Collisions at Sea (COLREGs), 1972, as amended.

(2) The Principal Registrar shall verify compliance by fishing vessels
registered under this Part with the IMO Conventions listed at subsection (1) on the basis of surveys conducted by a recognized organization or government approved marine surveyor.
(3) The Minister may nominate recognized organizations for the purposes of
subsection (2), in accordance with the IMO Code for Recognized Organizations.

Applicable FAO Instruments

118.(1)

International sea-going fishing vessels shall comply with the

following international fisheries instruments:
(a) United Nations Convention on the Law of the Sea (UNCLOS), 1982;
(b) United Nations Agreement on Straddling and Highly Migratory Fish Stocks (UNFSA);
(c) FAO Code of Conduct on Responsible Fisheries;
(d) FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated (IUU) Fishing, 2009;
(e) International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995; and
(f) ILO Work in Fishing Convention, 2007.

(2) The Principal Registrar shall verify compliance by fishing vessels
registered under this Part with the FAO instruments listed at subsection (1) on the basis of inspections conducted by fishery protection officers appointed under this Act.

Standards of training, certification and watchkeeping for fishing vessel personnel

119. Fishing vessel personnel working onboard international sea-going
     fishing vessels shall be trained and certified in accordance with the regulations.

Maritime labour protection

120. Fishing vessel owners shall ensure fishery protection officers and
     personnel working onboard their vessels are afforded fair and decent labour conditions, in accordance with the regulations.

Seafarers in fishing

121.(1)

Pursuant to Article II (2) of the Maritime Labour Convention which

provides for the exclusion of seafarers in fishing, the Chief Fisheries Officer after
(a) consultation with relevant stakeholders; and
(b) approval in writing from the Minister,
may issue Maritime Labour related Directives in respect of seafarers working in international sea-going fisheries to ensure effective labour protections similar to those for seafarers in non-fishing sectors.
(2) It shall be an offence to contravene any Directive issued pursuant to
subsection (1).
(3) Notwithstanding subsection (1), the Chief Fisheries Officer shall ensure
the development and implementation of an appropriate regulatory regime for seafarers in fishing, which shall be commensurate with the Maritime Labour Convention for seafarers working in the shipping sector.

(3) Maritime labour protections for seafarers working onboard international
seagoing fishing vessels include the following:
(a) minimum requirements related to training, recruitment and medical fitness;
(b) proper employment conditions;
(c) proper accommodation, recreational facilities, food and catering;
(d) health protection, medical care, welfare and social security protection;
(e) compliance and enforcement; and
(f) any other relevant aspects coming within the purview of the human element in fisheries and maritime labour protections related thereto.

International vessel safety standards

122. Fishing vessels registered under this Part shall comply with the
     international vessel safety standards contained in the Cape Town Agreement of 2012 on International Convention for the Safety of Fishing Vessels.

PART XV

REGISTRATION OF FISH PROCESSING ESTABLISHMENTS

Fish processing establishments to be registered

123. All processing establishments that handle fish and prepare fisheries
     products for human consumption shall
     (a) be registered with the Fisheries Division as a fish processing establishment; and
     (b) comply with the Health Services Act, Cap. 44 and the Health Services (Food Hygiene) Regulations (S.I. 1969 No. 232).

Register of fish processing establishments

124.(1)

The Chief Fisheries Officer shall establish a register of all local fish

processing establishments to be known as the “Register of Fish Processing Establishments” that handle fish and prepare fisheries products for human consumption.
(2) The register shall contain the following:
(a) the name and address of the establishment;
(b) the name and address of the owner;
(c) the expiry dates of the documents issued under the Health Services Act, Cap. 44 and the Health Services (Food Hygiene) Regulations (S.I. 1969 No. 232);
(d) fisheries products produced by the establishment;
(e) the date on which the Certificate of Registration of a Fish Processing Establishment was issued; and
(f) any other relevant particulars.

Application for registration of a fish processing establishment

125.(1)

The following shall be submitted to the Chief Fisheries Officer in

order to register a fish processing establishment:
(a) application in the specified form;
(b) copies of the valid documents; and
(c) proof of payment of the application fee.
(2) The Chief Fisheries Officer may, in assessing the application, require the
owner to supply additional information or may visit the establishment to collect any other information which he may require.

Certificate of registration of a fish processing establishment

126. Where the Chief Fisheries Officer is satisfied that the documents are
     valid he shall issue a certificate of registration of a fish processing establishment and record the details of the establishment in the Register of Fish Processing Establishments.
     PART XVI LICENCES
     Barbados Fishing Vessel Operators’ Licence

Prohibition of fishing without a Barbados fishing vessel operators’ licence

127.(1)

No person shall operate a fishing vessel of any class or description

unless he is the holder of a Barbados fishing vessel operators’ licence evidencing that he is competent to operate a fishing vessel of that class or description.
(2) No person shall employ or permit a person to operate a fishing vessel of
any class or description unless the person he employs or permits to operate such fishing vessel is the holder of a Barbados fishing vessel operators’ licence.

Application for a Barbados fishing vessel operators’ licence

128. A person shall apply to the Chief Fisheries Officer for a Barbados
     fishing vessel operators’ licence and the application shall be accompanied by
     (a) certified copies of valid inspection and registration certificates;
     (b) proof of competence or experience to operate a fishing vessel;
     (c) the prescribed application fee; and
     (d) such other documentation as may be requested.

Issuing and renewing a Barbados fishing vessel operators’ licence

129. The Chief Fisheries Officer shall not issue or renew a Barbados fishing
     vessel operators’ licence if
     (a) the vessel is not duly registered in accordance with this Act;
     (b) there is no valid certificate of inspection issued in respect of the vessel under the relevant provision of this Act; or
     (c) fees payable in respect of the application have not been paid.

Categories of Barbados fishing vessel operators’ licence

130. The Chief Fisheries Officer, in consultation with stakeholders, may
     define the categories of’ licences for Barbados fishing vessel operators.

Commercial Fishing Licence

Prohibition of fishing without a commercial fishing licence

131. No Barbados registered fishing vessel shall be put to commercial use
     except a commercial fishing licence is obtained in respect of the vessel.

Application for a commercial fishing licence

132. An application for a commercial fishing licence shall be made to the
     Chief Fisheries Officer in such form as may be specified by him and accompanied by
     (a) particulars on the fishing vessel;
     (b) a health certificate;
     (c) the prescribed application fee; and
     (d) such information as may be required by the Chief Fisheries Officer.

Issuing or renewing a commercial fishing licence

133. The Chief Fisheries Officer may issue or renew a commercial fishing
     licence, if he is satisfied that the applicant has
     (a) satisfied the conditions referred to in section 132; and
     (b) paid the prescribed application fee.

Recreational Fishing Licence

Prohibition of recreational fishing without a recreational fishing licence

134.(1)

All Barbados registered and foreign registered fishing vessels to be

used in non-commercial fishing activities in the waters of Barbados shall possess a valid recreational fishing licence.
(2) No person shall engage in commercial fishing activities with a recreational
fishing licence.

Application for a recreational fishing licence

135. An application for a recreational fishing licence shall be made to the
     Chief Fisheries Officer in such form as may be specified by him and accompanied by
     (a) particulars on the fishing vessel;
     (b) the prescribed application fee; and
     (c) such information as may be required by the Chief Fisheries Officer.

Issuing or renewing recreational fishing licence

136.(1)

The Chief Fisheries Officer may issue or renew a recreational fishing

licence, if he is satisfied that the applicant has
(a) satisfied the conditions referred to in section 135; and

(b) paid the prescribed application fee.
(2) The Chief Fisheries Officer may attach to the licence any conditions he
deems necessary in the interest of fishery management.
(3) The master, owner or charterer of the vessel as the case may be, who
contravenes the conditions attached to a recreational fishing licence is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 3 months or to both.

Foreign Fishing Vessel Licences

Foreign fishing vessel prohibited from fishing without licence

137. Subject to section 138, no foreign registered fishing vessel shall be
     used for fishing or related activities in the waters of Barbados without a valid foreign fishing vessel licence issued under this section.

Exemption

138.
(a)
(b)

(c)

Section 137 does not apply to foreign fishing vessels that are used solely for recreational fishing;
engaged in fisheries-related research or survey operations in which Barbados is participating; or
exempt from the requirement of holding a foreign fishing vessel licence under an applicable access agreement.

Application for a foreign fishing vessel licence

139.(1)

An application for a foreign fishing vessel licence may be made to the

Minister in such form as the Minister may determine accompanied by the following:
(a) the registration number, name and dimension of the vessel;
(b) registration details including expiry date and port of registration;

(c) name and address of owner;
(d) engine type and specification; and
(e) activities to be undertaken in Barbados waters.
(2) The Chief Fisheries Officer shall undertake such necessary measures to
ensure effective regulation of foreign registered fishing vessels exempted under subsection (1).

Issuing of foreign fishing vessel licence

140.(1)

Subject to this Act, the Minister may, after consultation with the

Minister responsible for Foreign Affairs and the Chief Fisheries Officer, issue a foreign fishing vessel licence authorizing a foreign fishing vessel to be used in the waters of Barbados for such fishing or related activities as specified in the application.
(2) Subject to the provisions of this Act, a foreign fishing vessel licence shall
not be issued to any foreign fishing vessel unless there is in force with the Government of the Flag State of the vessel, or with an association of which the owner or charterer is a member, an access agreement to which the Government of Barbados is a party.
(3) In the absence of an access agreement required under subsection (2), the
Minister may grant a foreign fishing vessel licence where in his opinion it is in the interest of Barbados to issue a licence.
(4) The master, owner or charterer of a foreign fishing vessel who contravenes
this section is guilty of an offence and is liable on conviction on indictment to a fine of $500 000 or to imprisonment for 5 years or to both.

Commercial Aquaculture or Mariculture Facility Licence

Commercial aquaculture or mariculture facility to be licenced

141.(1)
(a)

(b)

A person shall not
establish or operate a commercial aquaculture or mariculture facility; or
engage in commercial aquaculture or mariculture activities in respect of that facility

unless he acquires a commercial aquaculture or mariculture facility licence in accordance with this section.
(2) Notwithstanding subsection (1), a government-owned facility does not
require a commercial aquaculture or mariculture facility licence to operate.

Application for a commercial aquaculture or mariculture facility licence

142. A person shall apply to the Chief Fisheries Officer in such form as
     may be specified by him and the application shall be accompanied by
     (a) a prescribed environmental impact assessment; including a
     (i) list of drugs, pharmaceuticals, antibiotics or other chemicals likely to be used; and
     (ii) hazard analysis and critical control point plan that identifies and proposes strategies to prevent and control biological, chemical, and physical hazards along the food processing chain;
     (b) the prescribed application fee; and
     (c) such information as may be required by the Chief Fisheries Officer.

Inspection of facility

143.(1)

Where the Chief Fisheries Officer receives an application for a

commercial aquaculture or mariculture facility licence, the Chief Fisheries Officer shall cause an inspector to carry out an inspection of the propose aquaculture or mariculture facility, site or operation to which the application relates.
(2) The inspector shall submit to the Chief Fisheries Officer a report in respect
of the inspection carried out at the premises of the proposed facility to be licensed.

Chief Fisheries Officer to grant or refuse to grant a licence

144.(1)

The Chief Fisheries Officer may, after reviewing the information

attached to the application and any report that may be submitted by the inspector
(a) grant a commercial aquaculture or mariculture facility licence upon payment of the prescribed licence fee if he is satisfied that the required health and food safety requirements are met; or
(b) refuse to grant a commercial aquaculture or mariculture facility licence on the ground that
(i) the issue of the licence would not be in the public interest;
(ii) an application contains or is based on a false or misleading representation or information; or
(iii) it conflicts with health and environmental laws of Barbados.
(2) A licence granted under this section shall be subject to such terms and
conditions as may be specified by the Chief Fisheries Officer.

Special Licences

Special licences to be granted

145.(1)

The Chief Fisheries Officer may issue special licences for activities

in respect of which
(a) the activity is of a kind necessitating a licence; and
(b) no licence is specified in this Act or any other enactment in respect of the activity.
(2) Notwithstanding section 148, where the Chief Fisheries Officers grants a
special licence, the special licence
(a) shall be issued for a period of 3 months; and
(b) may be further extended subject to a written request to the Chief Fisheries Officer for an extension.
(3) A special licence shall be accompanied by relevant terms and conditions.

Conditions of Licence issued under this Part

Licence conditions

146.(1)

All licences issued under this Part shall be subject to such general or

special conditions as may be specified by the Chief Fisheries Officer in the case of a local fishing licence or the Minister in the case of a foreign fishing licence in respect of the
(a) proper management of fisheries;
(b) area in which fishing is authorized;
(c) period, times or particular voyages during which fishing is authorized;
(d) descriptions, quantities, size and type of fish which may be taken;

(e) information to be submitted in respect of the fisheries operations and activities;
(f) fishing and fish handling practices; and
(g) monitoring procedures.
(2) The master of a fishing vessel shall not retain or allow to be retained
onboard a fishing vessel, within the areas under national jurisdiction, fish which have not been taken in accordance with a fishing licence issued under this Act or the conditions attached to the licence.
(3) A licence issued under this Part is not be transferable.

Notification of changes to licences

147.(1)

Where a licence has been cancelled or suspended under the relevant

section of this Act, notification of the cancellation or suspension shall be given in writing to the person to whom the licence was issued within 7 days of the cancellation or suspension.
(2) The notification shall be in writing, except in the case of a foreign fishing
vessel, notification may be by telex, radio or such other form as the Minister considers appropriate.
(3) Where a fishing licence has been cancelled on the grounds specified in
respect of such licences, within 3 months of the date of issue, a proportion of the fees paid for the fishing licence representing the unexpired period of that licence shall be reimbursed to the licensee at his request.
(4) Where a fishing licence is cancelled on any of the other grounds specified
in the relevant section of this Act, the fees paid shall be non-refundable.

Validity of licences

148.(1)

All licences issued under this Part shall be valid for a period of 3 years.

(2) The Chief Fisheries Officer may at any time cancel any fishing licence for
a particular species to give effect to management measures for the species specified.

Licence management measures

149. The Chief Fisheries Officer shall have in place licence management
     measures to limit size of the fishing fleet or on such other grounds as may be specified in this Act or the fishery management Plan or published in the Official Gazette.
     PART XVII PERMITS
     Permission to Conduct Fisheries Research

Prohibition on conducting fisheries research without permission

150. Subject to the relevant sections in this Act, no local or foreign person,
     organization or government agency shall undertake fisheries or fisheries-related research, survey operations or conduct activities that are likely to impact fisheries except with the prior written permission of the Chief Fisheries Officer in the case of a local entity or the Minister in the case of a foreign entity.

Exemption

151. Section 150 does not apply to fisheries-related research or survey
     operations undertaken by an
     (a) approved local research institution as specified in a fishing industry notice; or
     (b) international organization or agency of which Barbados is a member and conducted in accordance with a detailed international project to which the Government of Barbados has given its formal approval.

Application to undertake fisheries-related research

152. An application to undertake fisheries and fisheries-related research or
     survey operations in the waters of Barbados shall be made to the Chief Fisheries Officer in such form as may be specified by him and shall be supported by details of the research, survey operations or the proposed activity as follows:
     (a) a summary research, operation, or activity including the
     (i) title of the project;
     (ii) reasons and objectives;
     (iii) start and end dates;
     (iv) methodology and equipment; and
     (v) expected outputs and outcomes including social, economic and environmental benefits;
     (b) the likely impacts on the local fisheries resources and their habitats;
     (c) details of the crew or team involved in the planned activity;
     (d) dimension of the vessel, if applicable;
     (e) specification of the engine, if applicable; and
     (f) any other information as may be required by the Chief Fisheries Officer or the Minister.

Chief Fisheries Officer may grant or deny permission

153.(1)

Where an application is made in accordance with the relevant section

in this Act, the Chief Fisheries Officer in making a decision shall
(a) review the planned activities and the impact assessment;
(b) consult with the stakeholders likely to be impacted by the planned activity; or
(c) seek additional information and comments on the planned activity.

(2) The Chief Fisheries Officer shall inform the applicant in writing of the
decision to either grant or deny permission.
(3) The Chief Fisheries Officer shall, where the application is
(a) approved, attach any conditions of the approval; or
(b) denied, the reasons for the denial.

Conditions of permit

154.(1)

The Chief Fisheries Officer may attach such conditions to any permit

granted under subsection (2) as he considers necessary for the protection of the fisheries resources and their habitat.
(2) Any permission granted under this Part shall
(a) be in writing; and
(b) where necessary, be subjected to any or all of the following conditions:
(i) scientific observers or other personnel as the Minister may designate shall be allowed onboard the research or survey vessel and shall be allowed to participate in the research or survey activity both onboard the vessel and on shore;
(ii) copies of any raw data generated by the research or survey operations shall be submitted to the Chief Fisheries Officer at the end of the operations or during the course of such operations as the Chief Fisheries Officer may require;
(iii) the results and conclusions of the research or survey operations shall be submitted to the Chief Fisheries Officer as soon as practicable following the completion of the operations and in any case no later than the time specified for the submissions of the results and conclusions;
(iv) copies of any publications arising out of the research or survey operations shall be submitted to the Chief Fisheries Officer; or

(v) any other conditions which the Chief Fisheries Officer, in the case of a local entity and the Minister in the case of a foreign entity, deem necessary for the conservation and management of the resource and the protection of the habitat.
(3) The Chief Fisheries Officer or the Minister as the case may be, may grant
permission to give exemptions from the conditions set out in subsection (2), if the activity will provide more information for the sustainable management of fisheries.
(4) Where any of the conditions have been breached or permission cancelled,
no further permission for fisheries research or survey operations shall be granted to the person or entity concerned until such time as the corrective action has been taken to the satisfaction of the Chief Fisheries Officer, in the case of Barbados registered vessels and the Minister, in the case of foreign registered fishing vessels.

Appeal of the decision of the Chief Fisheries Officer not to grant permission

155.(1)

An applicant who is aggrieved by the decision of the Chief Fisheries

Officer may apply to the Minister for a review of the decision.
(2) The Minister may, in reviewing the decision, consider the impact of the
planned activity on the fisheries resources and their habitats along with the comments and the recommendations of the Chief Fisheries Officer.
(3) The decision of the Minister shall be final.

Fish taken in course of fisheries-related research and survey operations

156.(1)

No person shall take fish in the course of fisheries- related research or

survey operations except with the prior authorization of the Chief Fisheries Officer and in accordance with such conditions as he may impose.

(2) A person who contravenes subsection (1) is guilty of an offence and is
liable on summary conviction to a fine of $150 000 or to imprisonment of 2 years or to both.

Offence of undertaking research

157. A person who undertakes or assists in any fisheries research in the
     waters of Barbados
     (a) without permission given in accordance with the section 150;
     (b) in contravention of any condition attached to the permission; or
     (c) who sells fish taken in the course of research or fisheries-related research without the permission of the Chief Fisheries Officer,
     is guilty of an offence and is liable on conviction on indictment to a fine of $500 000 or to imprisonment for 5 years or to both.

Designation of Fisheries Research Institution

Designation as an approved fisheries research institution

158. Any local scientific or academic institution desirous of conducting
     fisheries- related research or surveys in the waters of Barbados on an ongoing basis may apply to the Chief Fisheries Officer is such form as may be specified by him for designation as an approved fisheries research institution.

Approval of a fisheries research institution

159. The Chief Fisheries Officer may, in consultation with the Minister,
     designate in writing, the local scientific or academic institution as an approved fisheries research institution for the purposes of conducting fishery research in the waters of Barbados.

Approved fisheries research institution to submit information

160. An approved fisheries research institution must submit to the Chief
     Fisheries Officer
     (a) prior to the start of the calendar year, a list of research projects to be undertaken within the calendar year;
     (b) at the end of the calendar year, a list of research projects undertaken during the year together with a status report on the said projects;
     (c) access to the results of any completed research project and any data generated by or during the course of the project;
     (d) proof of compliance with such conditions as the Chief Fisheries Officer may require in relation to the proper management of fisheries and the observance of the international obligations to which Barbados is party; and
     (e) such other information regarding research projects as the Chief Fisheries Officer may require.

Confidentiality data and information submitted

161. Any data or information submitted in accordance with the provisions
     of this Act and any other enactment on data protection, shall be kept confidential.

Test fishing operations permit

162. No person shall engage in test fishing operations in Barbados waters
     without first having obtained a test fishing operations permit from the Chief Fisheries Officer.

Application for test fishing operations permit

163.
(a)

The application for a test fishing operations permit shall contain vessel name;

(b) place of registry;
(c) particulars of owner or operator;
(d) particulars of crew;
(e) details on intended test fishing operations, including objectives of such operations;
(f) estimated duration of test fishing operations;
(g) environmental impact assessment; and
(h) any other information as may be required by the Chief Fisheries Officer.

Issuing a test fishing operations permit

164. The Chief Fisheries Officer may, once satisfied that the intended test
     fishing operations would not pose a detriment to the marine environment and to the local fishing industry, issue the applicant with a test fishing operations permit and record the details of the applicant.

Validity of test fishing operations permit

165. A test fishing operations permit is valid for one year, and is renewable
     upon payment of the prescribed fee.

Permission for a Foreign Fishing Vessel to enter local Port

Designation of local ports

166.(1)

The Minister may designate local ports at which foreign fishing

vessels may land, transship, process fish, refuel or resupply.
(2) The Minister shall cause the list of all designated ports to be published by
notice in the Official Gazette.

(3) The Chief Fisheries Officer shall share the list of designated ports with
recognized international organizations or any State, regional fisheries management organization or fisheries management arrangements on request.

Permission for foreign fishing vessel to enter local port

167.(1)

The entry of a foreign fishing vessel into a designated port without

first obtaining permission from the Chief Fisheries Officer is prohibited.

(2)
port.

No foreign fishing vessel shall enter any local port other than a designated

Application for permission to enter a designated port

168.(1)

The operator or master of a foreign fishing vessel shall apply to the

Chief Fisheries Officer for permission to enter the designated port and shall provide the following information:

(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)

vessel name; place of registry;
registration number, date of registration and expiry date; name of owner or charterer;
details of crew; catch onboard;
previous fishing areas; last port of entry; fishing gear onboard; present position;
expected time to enter the port; and
any other information that the Chief Fisheries Officer may require to make a determination of the application.

(2) The application shall be submitted to the Chief Fisheries Officer no less
than 24 hours before entering the port to give enough time to allow a preliminary investigation of the foreign fishing vessel and its activities.
(3) The Chief Fisheries Officer shall, on receipt of the application, assess the
application and where necessary conduct an investigation to determine whether the vessel may have been involved in IUU fishing.
(4) Permission to enter a designated port applies to the following:
(a) persons, vessels, vehicles, aircraft, export facilities or other craft or place engaged in or otherwise connected with any activity supporting IUU fishing; and
(b) all fishing and fishing-related activities in support of IUU fishing by nationals, including vessels and persons and all persons onboard such vessels or dealing with them or having any relevant relationship to them or to persons on them, to the extent that it does not conflict with the jurisdiction of another State.

Exemption from the permission obligation

169.
(a)

(b)

Permission to enter the port is not required in respect of the following:
vessels of a neighbouring State that are engaged in artisanal fishing for subsistence, as long as there is cooperation between Barbados and such neighbouring State to ensure that such vessels do not engage in IUU fishing or IUU fishing-related activities in support of such fishing; and
container vessels that are not carrying fish or, if carrying fish, only fish that have been previously landed at another port, provided that there are no clear grounds for suspecting that such vessels have engaged in IUU fishing or IUU fishing-related activities.

Granting permission to enter a designated port

170.(1)

The vessel shall be allowed to enter port and be subject to the port’s

State control by relevant national authorities unless there is reason to believe that a vessel was involved in IUU fishing.
(2) A foreign fishing vessel may enter port without permission only for the
purpose of
(a) force majeure or distress; or
(b) rendering assistance to persons, or vessels or aircraft in danger or distress.

Refusal to enter a designated port

171.(1)

Where they are grounds for suspecting that a vessel was involved in

IUU fishing, the Chief Fisheries Officer may deny the vessel’s entry into port or allow entry exclusively for purposes of inspecting the vessel and taking other appropriate actions such as
(a) denying such vessel the use of its ports for landing, transshipping, packaging; and
(b) the processing of fish and for other port services including re-fueling and resupplying, maintenance and drydocking.
(2) The Chief Fisheries Officer may withdraw his permission to land the catch
and use port services if evidence becomes available, when the vessel is in port, that the vessel has been involved in IUU fishing.

Informing flag State of action being taken in respect of IUU fishing

172.(1)

Where a national of a flag State has engaged in IUU fishing, the

Minister responsible for Foreign Affairs shall inform the flag State of actions being taken and, as appropriate, also inform other coastal States and regional fisheries management organizations and in some instances the State of which the master is a national.

(2) Where Barbados is the flag State, on receiving a report of IUU fishing by
a Barbados registered fishing vessel from the port State or other relevant States or organizations, that State or organization may require Barbados to
(a) act on the requests by the port State for information; and
(b) indicate what action is being taken in response to IUU fishing being reported.
(3) The Chief Fisheries Officer may prescribe procedures for inspecting the
vessel and inspecting and dealing with the catch while in port.

List of vessels involved in IUU fishing

173.(1)

The Chief Fisheries Officer shall maintain a list of vessels involved

in IUU fishing which shall include the details of the vessel and its owner or charterer, crew, catch and gear.
(2) The owner, master or charterer of a vessel that contravenes this section is
guilty of an offence and is liable on conviction on indictment to a fine of $500 000 or to imprisonment for 5 years or to both and in addition, liable to the confiscation of the vessel, and catch and shall participate in a fisheries management and protection program, initiative or activity.

Permission to import and release a live fish

174. No person shall without the written permission of the Chief Fisheries
     Officer and in accordance with the provisions of this Act
     (a) import into Barbados any live fish for the purpose of aquaculture; or
     (b) release live fish into a fishing area.

Application for permission to import or release live fish

175.(1)

The application for permission to import or release live fish shall be

made to the Chief Fisheries Officer in the specified form and accompanied by the prescribed application fee and such information or documents as the Chief Fisheries Officer may require.

(2) An application referred to in subsection (1), shall be accompanied by an
environmental impact assessment report on the effect of the introduction.
(3) The Chief Fisheries Officer shall not approve the release of live fish unless
the fish has been kept under observation and control for such period and on such terms and conditions as the Chief Fisheries Officer may prescribe.
(4) Where the Chief Fisheries Officer is satisfied that any fish which has been
imported is unsuitable for the purpose of release, the Chief Fisheries Officer may order the fish to be forfeited and destroyed.
(5) The owner of any fish destroyed under this section shall not be entitled to
compensation.

Possession and trade in fish, fish product or other marine resources prohibited

176.(1)

The importation, purchase, sale or otherwise trade in fish or fisheries

products that have been obtained in contravention of this Act is prohibited.
(2) A person who contravenes this section is guilty of an offence and is liable
on summary conviction to a fine of $20 000 or to imprisonment for 3 months or to both and in addition shall participate in a fisheries management and protection programme initiative or activity.

Permission for Barbados Fishing Vessels to Fish on the High Seas

Prohibition of fishing on the high seas without a permit

177. No Barbados registered fishing vessel or Barbados registered foreign
     fishing vessel licence shall be used for fishing or fishing related activities on the high seas unless the vessel has a valid high seas fishing permit issued by the Chief Fisheries Officer.

Application for high seas fishing permit

178. The owner, charterer or operator of a Barbados registered fishing
     vessel who intends to fish that vessel on the high seas to apply to the Chief Fisheries Officer for a high seas fishing permit in respect of that vessel in such form as may be specified by the Chief Fisheries Officer and accompanied by
     (a) a certified copy of a valid inspection certificate and registration certificate issued in accordance with this Act; and
     (b) evidence that the prescribed fees have been paid.

Matters to be considered in granting a high seas fishing permit

179. The Chief Fisheries Officer may have regard to the following matters
     in determining whether or not to grant a high seas fishing permit:
     (a) the capacity of Barbados to implement its obligations under the FAO Compliance Agreement and the UN Fish Stocks Agreement and with regard to the international fisheries conservation and management measures which are recognized by Barbados;
     (b) vessel monitoring and communication system installed on the vessel;
     (c) the previous fisheries management compliance of the person applying for the permit; and
     (d) any other matters which the Chief Fisheries Officer may consider relevant.

Conditions for denying a high seas fishing permit

180.(1)

The Chief Fisheries Officer shall not issue a high seas fishing permit

in respect of a vessel if
(a) that vessel was previously authorized to be used for fishing on the high seas by a foreign State and that the State either suspended or withdrew such authorization because the vessel engaged in activities that are

contrary to the provisions of the laws of that State or the conditions attached to the permission;
(b) the Chief Fisheries Officer is satisfied that Barbados will not be able to exercise effectively its responsibilities under the international agreements to which Barbados is party with respect to that vessel;
(c) such vessel is not duly registered in accordance with this Act;
(d) the vessel in not entitled to fly the flag of Barbados; or
(e) the master of the vessel has a record of conducting IUU fishing.
(2) Subsection (1) does not apply if the
(a) ownership of the vessel has changed since the vessel engaged in activities contrary to the provisions of international fisheries conservation and management measures which Barbados supports; and
(b) new owner has provided sufficient evidence to the Chief Fisheries Officer demonstrating that the previous owner or operator has no further legal, beneficial or financial interest in the vessel.

Conditions for high seas fishing permit

181.(1)

The Chief Fisheries Officer may attach such conditions and

restrictions to the High Seas Fishing Permit as are necessary and appropriate to comply with international law of the sea specific to fishing on the high seas, including
(a) the vessel shall not engage in fishing contrary to national laws and international fisheries conservation and management measures;
(b) the vessel owner or operator shall not intentionally drift from the high seas into the jurisdiction of another State to fish or engage in any other activities;
(c) the period, times or particular voyages during which fishing is authorized;

(d)
(e)
(f)
(g)
(h)
(i)
(j)

(k)
(l)
(m)

the descriptions, quantities and size of fish which may be taken; the method of fishing to be undertaken;
the marking of vessel and gear;
a requirement that access be permitted to observers;
a requirement that additional monitoring equipment be carried; measures to be taken to avoid catching non-target species;
requirements for recording and timely reporting of vessel position, catch of target and non-target species, fishing effort and other relevant fisheries data;
requirements for verifying the catch of target and non-target species; the stowage of gear; and
any other relevant conditions or restrictions.

(2) A high seas fishing permit is not transferable.
(3) The Chief Fisheries Officer may vary any condition attached to a high seas
fishing permit where he is satisfied that it is necessary to ensure compliance with domestic laws and international obligations of Barbados.
(4) Where a Barbados registered fishing vessel is used in contravention of the
conditions of a high seas fishing permit, the
(a) master;
(b) owner;
(c) charterer; or
(d) operator,
of the vessel is guilty of an offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

Validity of high seas fishing permit

182.(1)

A high seas fishing permit shall be valid for one year.

(2) Where a vessel to which a high seas fishing permit was granted is no longer
entitled to fly the flag of Barbados, the high seas fishing permit associated with that vessel shall be void.

Aquaculture or Mariculture Permits

Aquaculture or mariculture permits

183. A person who is not an owner of a commercial aquaculture or
     mariculture facility who wishes to engage in aquaculture or mariculture activities in respect of that facility shall obtain, in the case of a
     (a) government owned facility, an aquaculture or mariculture permit; or
     (b) private owned facility,
     (i) written permission from the owner of the commercial aquaculture or mariculture facility; and
     (ii) an aquaculture or mariculture permit.

Application for aquaculture or mariculture permit

184. A person shall apply to the Chief Fisheries Officer in the specified
     form and accompanied by
     (a) the prescribed application fee;
     (b) written permission from the owner of the commercial aquaculture or mariculture facility, if applicable; and
     (c) such other information as the Chief Fisheries Officer may require.

Issuing aquaculture or mariculture permit

185.(1)

Where the Chief Fisheries Officer receives an application for an

aquaculture or mariculture permit, the Chief Fisheries Officer may issue a permit to engage in aquaculture or mariculture activities where
(a) a commercial aquaculture or mariculture facility licence has been issued in accordance with this Act, in respect of the facility where the aquaculture or mariculture activities will be undertaken; and
(b) the applicant for the permit has provided the Chief Fisheries Officer with sufficient information and analysis, such as would be included in an in-force aquaculture and mariculture management plan.
(2) The Chief Fisheries Officer may issue an aquaculture or mariculture
permit, where the Chief Fisheries Officer determines that
(a) the licensed aquaculture or mariculture facility;
(b) type of aquaculture or mariculture operation; and
(c) the management and intended utilization of cultured species,
are consistent with an in-force aquaculture mariculture management plan, and current aquaculture and mariculture policy.

Special Permits

Special permits

186.(1)

The Chief Fisheries Officer may issue a special permit for activities

in respect of which
(a) the activity is of a kind necessitating a permit; and
(b) no permit is specified in this Act or any other enactment in respect of the activity.

(2) Where the Chief Fisheries Officers grants a special permit, the special

permit
(a)
(b)

shall be issued for a period of 3 months; and
may be further extended subject to a written request to the Chief Fisheries Officer for an extension.

(3) A special permit shall be accompanied by relevant terms and conditions
as the Chief Fisheries Officer deems necessary.

PART XVIII

CONSTRUCTION, ALTERATION AND CONVERSION OF A FISHING VESSEL

Construction, Alteration and Conversion of a Fishing Vessel of Barbados

Barbados registered fishing vessels to meet prescribed standards

187. Every vessel constructed in Barbados or imported into Barbados for
     the purpose of fishing shall comply with national and international fishing vessel safety requirements, to ensure the seaworthiness and safe operation of the vessel, the health and safety of the crew and the quality of the catch.

Construction, alteration and conversion of a Barbados registered fishing vessel

188.(1)
(a)
(b)

Any person intending to construct a fishing vessel;
alter a Barbados registered fishing vessel, so that the particulars of that vessel do not correspond to those in the Register of Barbados Fishing Vessels of that vessel;

(c) convert an existing vessel into a fishing vessel to be used for commercial fishing; or
(d) import a fishing vessel,
shall apply to the Chief Fisheries Officer for permission to construct, alter, convert or import the vessel.
(2) The application shall contain the details of the construction, alteration,
conversion or importation of the vessel as requested by the Chief Fisheries Officer and be accompanied by the prescribed fee.
(3) The Chief Fisheries Officer on receipt of an application under subsection
(1), once satisfied that the
(a) design, method and material of construction and equipment of the fishing vessel to be constructed, altered, converted or imported are such as to allow the vessel once completed or imported to comply with the requirements of this Act, and prescribed standards relating to seaworthiness, safety equipment, accommodation of crew and sanitary conditions for a vessel of that category or class; and
(b) construction, alteration, conversion or importation of a fishing vessel would not be contrary to any other enactment made to give effect to the management of any particular fishery,
may give permission in writing for the construction, alteration, conversion or importation of the fishing vessel.

Authority to inspect a vessel under construction, alteration, conversion or importation

189. The Chief Fisheries Officer shall inspect or cause a vessel to be
     inspected at any time during the construction, alteration, conversion or importation to ensure that the vessel being constructed, altered, converted or imported is in accordance with requirements of this Act and the prescribed standards for seaworthiness.

Suspension or withdrawal of permission to construct, alter, convert or import a fishing vessel

190. Notwithstanding the issuance of permission to construct, alter, convert
     or import a vessel to be used in fishing, the Chief Fisheries Officer may, prior to or at any stage in the construction, alteration, conversion or importation of the vessel, suspend or withdraw the permission to proceed with the construction, alteration, conversion or importation of the vessel where
     (a) the Chief Fisheries Officer is satisfied on the basis of the opinion of the inspector or on information made available to him that the vessel to be or being constructed, altered, converted or imported would not meet the requirements of this Act and prescribed standards that are aimed to ensure the seaworthiness and safe operation of the vessel, the health and safety of the crew and to maintain the quality of the catch; or
     (b) the owner fails to agree or comply with any instructions set out in writing by the Chief Fisheries Officer.

Owner to notify the Chief Fisheries Officer on completion of construction, alteration conversion or importation of a fishing vessel

191.(1)

The owner of a Barbados registered fishing vessel shall notify the

Chief Fisheries Officer of the completion of construction, alteration, conversion or importation of the vessel and thereafter the Chief Fisheries Officer shall direct that the vessel be inspected.
(2) Where the vessel
(a) passes the inspection, the Chief Fisheries Officer may issue a certificate of inspection and record the details of the vessel in the register of vessels; or

(b) fails the inspection, the Chief Fisheries Officer may suspend or withdraw permission to construct, alter, convert or import the fishing vessel.
(3) A person who
(a) constructs, alters, converts or imports a fishing vessel without obtaining the permission of the Chief Fisheries Officer is guilty of an offence and is liable on summary conviction to a fine of $10 000 or to imprisonment for 3 months or to both;
(b) continues with the construction, alteration, conversion or importation of a vessel in respect of which permission to construct, alter, convert or import has been suspended or withdrawn is guilty of an offence and is liable on summary conviction to a fine of $25 000 or to imprisonment for 3 months or to both; or
(c) constructs, alters or converts a fishing vessel contrary to prescribed safety standards is guilty of an offence and is liable on summary conviction to fine of $100 000 or to imprisonment for 12 months or to both.

Use of alternative fittings, materials, equipment or machinery

192.
(a)
(b)

Where this Act requires that a
particular fitting, material, appliance, apparatus or type thereof; or piece of equipment or machinery,

shall be fitted or carried on a Barbados registered fishing vessel or that any other particular provision be made, the Chief Fisheries Officer may permit any other fitting, material, appliance, apparatus or type thereof, equipment or machinery to be fitted or carried or other provision to be made in the vessel where he is satisfied by trials or otherwise that the alternative is at least as effective as that required by this Act.

Maintenance of equipment and machinery

193. All equipment and machinery shall be maintained in accordance with
     the manufacturer’s guidelines and specification.

Exemptions

194.(1)

The Chief Fisheries Officer may exempt any vessel from any

provision or all provisions of this Act where he is satisfied that compliance with the provision is either impractical or unreasonable.
(2) The exemption referred to in subsection (1) may be issued on such terms
as the Chief Fisheries Officer may specify and is subject to the giving of reasonable notice in the event of the alteration or cancellation of the exemption.

Notification of change of ownership

195.(1)

On the sale or change of ownership of a Barbados registered fishing

vessel, both the previous owner and the new owner shall, within 14 days of the sale or change of ownership, notify the Chief Fisheries Officer in writing of the change of ownership and the name and address of the new owner, and return the Certificate of Registration to the Chief Fisheries Officer for cancellation.
(2) On receipt of notification under subsection (1), the Chief Fisheries Officer
shall cancel the original Certificate of Registration of the vessel and on application, issue to the new owner of the fishing vessel a new Certificate of Registration and record the information in the Register of Barbados Fishing Vessels.

Notification of change in description of vessel

196.(1)

Where a Barbados registered fishing vessel is altered to the extent that

it no longer corresponds with the description or particulars either set out in the Certificate of Registration or the Register of Barbados Fishing Vessels and the alterations are not structural, the owner or person acting on behalf of the owner

shall to notify the Chief Fisheries Officer within 14 days after the alteration and arrange for an inspection of the altered vessel.
(2) Where the Chief Fisheries Officer receives notification of the changes in
the description of the vessel, he shall cause the vessel to be inspected to verify the changes.
(3) The Chief Fisheries Officer, where the changes are confirmed, shall record
the changes in the Register of Barbados Fishing Vessels and issue a new Certificate of Registration.

Loss or destruction of a Barbados registered fishing vessel or removal from service

197. The owner of a Barbados registered fishing vessel shall inform the
     Chief Fisheries Officer of
     (a) the loss or destruction of the vessel; or
     (b) the removal of the vessel from service,
     within 14 days after the event and return the Certificate of Registration issued in respect of the vessel to the Chief Fisheries Officer, and request a cancellation of the registration.

Certificate of deletion

198.(1)

Where the Chief Fisheries Officer receives a certificate of registration

and a request from the owner for the cancellation of registration, the Chief Fisheries Officer shall note the cancellation in the register, permanently remove the vessel from the register and issue the owner with a certificate of deletion.
(2) The Certificate of Deletion referred to in subsection (1) shall be in the form
specified by the Chief Fisheries Officer.

Notation in the register

199. Where the Chief Fisheries Officer is satisfied that a Barbados
     registered fishing vessel has not been used for fishing for a period of 3 years or

more but there has been no request for a cancellation of the Certificate of Registration of that vessel, the Chief Fisheries Officer may cause a cancellation of registration to be noted in the register and issue a certificate of deletion in respect of the vessel.

Appeals
200.

A person aggrieved by the Chief Fisheries Officer attaching or varying

special conditions to a fishing licence in respect of matters under section 199, may, within 21 days of the receipt of notification of that decision, appeal to the Minister, whose decision shall be final.

Certification of Fishing Vessel Builder

Certified fishing vessel builder

201.(1)
(a)
(b)

(c)

A person qualifies as a certified fishing vessel builder where he has attained the age of 16 years; and
logged 2 years of experience as an apprentice with a local veteran fishing vessel builder; or
acquired professional training and certification at a local, regional or international institution as a boat manufacturer.

(2) Subsection (1) shall not apply to a local veteran fishing vessel builder.
(3) For the purpose of this section, “local veteran fishing vessel builder” means
a person who is a national or permanent resident of Barbados with 20 years or more experience in building fishing vessels.

Fishing vessel builder’s certificate of competency

202.(1)

No person shall build a fishing vessel for commercial purposes unless

that person holds a fishing vessel builder’s certificate of competency.

(2) A fishing vessel builder shall carry the Certificate of Competency referred
to in subsection (1) during a sea trial of a vessel.
(3) A person who contravenes subsection (1) is guilty of an offence and is
liable on summary conviction to a fine of $20 000 or to imprisonment for 3 months or to both.

Application for fishing vessel builder’s certificate of competency

203. An application for a fishing vessel builder’s certificate of competency
     shall be made to the Chief Fisheries Officer in such form as may be specified by him and accompanied by
     (a) the prescribed application fee; and
     (b) any other information or documentation required by the Chief Fisheries Officer.

Issuing a fishing vessel builder’s certificate of competency

204. The Chief Fisheries Officer may issue a fishing vessel builder’s
     certificate of competency, where he is satisfied that the applicant has satisfied the conditions referred to in section 203.

Production of fishing vessel builder’s certificate of competency

205.(1)

A person who holds a fishing vessel builder’s certificate of

competency shall, where so requested by the Chief Fisheries Officer or another authorized officer, produce his Fishing Vessel Builder’s Certificate of Competency for inspection immediately or within 24 hours of the request.
(2) A person who contravenes subsection (1) is guilty of an offence and is
liable on summary conviction to a fine of $7 000 or to imprisonment for 3 months or to both.

Suspension or revocation of certificate

206.(1)

The Chief Fisheries Officer may suspend or revoke a fishing vessel

builder’s certificate of competency where a fishing vessel builder contravenes or fails to comply with any provision of this Act or any other enactment.
(2) Where a fishing vessel builder’s certificate of competency has been
revoked, such certificate shall not be re-issued to that person.

Fishing vessel builder’s certificate of origin

207.(1)

A fishing vessel builder shall issue a fishing vessel builder’s certificate

of origin upon completion of the manufacture design, commission, construction, building, repair, refurbishment or modification of a fishing vessel.
(2) A fishing vessel builder’s certificate of origin
(a) shall be required for the sale or export of any fishing vessel built in Barbados; and
(b) may be requested as part of the fishing vessel registration process.
(3) A fishing vessel builder’s certificate of origin shall contain the
following:
(a) the name of the fishing vessel builder;
(b) the hull identification number of the vessel;
(c) the hull material details including the quantity of aluminium, fiberglass, steel and wood in the vessel;
(d) the particulars relating to the name and make of the fishing vessel;
(e) the model number of the fishing vessel;
(f) the particulars relating to the beam, draught and length of the fishing vessel; and
(g) the place of construction of the fishing vessel.

Fraudulent fishing vessel builder’s certificate of origin

208.(1)

No fishing vessel builder shall prepare or issue a fishing vessel

builder’s certificate of origin that contains false or inaccurate information.
(2) A person who contravenes subsection (1) is guilty of an offence and liable
on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

PART XIX BOAT YARD
Use of boat yard

209.(1)

The owner, agent or master of a fishing boat may request permission

from the Chief Fisheries Officer to place the vessel in a State-owned boat yard.
(2) If the Chief Fisheries Officer is satisfied that there is space available in the
boat yard and the stipulated fee is paid, the Chief Fisheries Officer may assign a space to the vessel.
(3) The fee for use of a State-owned boat yard shall be determined by the
Minister.
(4) Where, in the case of an emergency, a fishing vessel is placed in a State-
owned boat yard without permission of the Chief Fisheries Officer, the owner, agent or master of the vessel shall immediately notify the Chief Fisheries Officer and pay the stipulated fee.
(5) The Chief Fisheries Officer may prescribe conditions for the use of the
State-owned boat yard.

PART XX

ABANDONED, DERELICT AND STRAY FISHING VESSELS

Abandoned and derelict fishing vessels

210.(1)

No person shall abandon, store or leave in a derelict condition a fishing

vessel on land, coast or at sea.
(2) A person who contravenes subsection (1) is guilty of an offence and is
liable on summary conviction to a fine of $20 000 or to imprisonment for 3 months or to both.

Reporting, abandoned, derelict or stray fishing vessels

211.(1)

A person may report an abandoned, derelict or stray fishing vessel to

the Chief Fisheries Officer.
(2) The Chief Fisheries Officer shall investigate a report made under
subsection (1).

Abandoned fishing vessels

212.(1)
(a)
(b)

(c)
(d)

A fishing vessel is abandoned where the
vessel owner is unknown or cannot be determined;
person last registered or documented as the vessel owner disclaims ownership and the current vessel owner cannot be determined;
vessel owner has surrendered ownership rights; or
vessel remains unclaimed for 90 days after a notice of vessel abandonment has been posted

(i) on the vessel referred to in the notice; and
(ii) to the last known address of the vessel owner in the Register of Barbados Fishing Vessels.

(2) An abandoned fishing vessel is a public nuisance and shall be treated as
solid waste.

Notice of fishing vessel abandonment

213.(1)

Where, upon the conclusion of an investigation of a report of an

abandoned fishing vessel, the Chief Fisheries Officer is satisfied that a vessel is abandoned, he shall
(a) post a notice of vessel abandonment on the vessel; and
(b) send a notice of fishing vessel abandonment by certified mail, with a return receipt, to the registered vessel owner at the registered owner’s last known address as shown on the vessel registration records or any other relevant documentation in relation to the vessel.
(2) A notice of vessel abandonment shall contain the following:
(a) the vessel owner’s name and last known address;
(b) a full description of the vessel;
(c) the location of the vessel;
(d) the intended disposal of the vessel if the vessel is not removed within 90 days after the mailing of the notice; and
(e) a statement that the failure to claim the vessel constitutes a waiver of all rights, title and interest in the fishing vessel.

Removal and disposal of abandoned fishing vessel

214.(1)

Where a fishing vessel remains unclaimed for 90 days after a notice

of vessel abandonment has been posted
(a) the Chief Fisheries Officer, in consultation with the Chief Environmental Health Officer, shall ensure the immediate removal of an abandoned vessel; and

(b) the Chief Fisheries Officer may direct the disposal of the vessel by
(i) public auction;
(ii) vessel breaking; or
(iii) any other means.
(2) Where a vessel is to be disposed of by public auction, the Chief Fisheries
Officer shall cause a notice of the public auction to be published twice in a newspaper with daily circulation in Barbados.

Derelict fishing vessel

215.(1)

A fishing vessel is derelict where it is in a dilapidated condition, sunk

or is in immediate danger of sinking.
(2) A derelict vessel is a public nuisance and shall be treated as solid waste.

Notice of derelict fishing vessel

216.(1)

Where, upon the conclusion of an investigation of a report of a derelict

fishing vessel, the Chief Fisheries Officer is satisfied that a vessel is derelict, he shall
(a) post a notice of derelict vessel on the fishing vessel; and
(b) send a notice of derelict vessel by certified mail, with a return receipt, to the registered vessel owner’s last known address as shown on the vessel registration records or any other relevant documentation in relation to the said fishing vessel.
(2) A notice of derelict fishing vessel shall contain the following:
(a) the vessel owner’s name and last known address;
(b) a full description of the vessel;
(c) the location of the vessel

(d) the intended disposal of the vessel if not removed within 90 days after the mailing of the notice;
(e) the failure to claim the fishing vessel constitutes a waiver of all rights, title and interest in the vessel; and
(f) any costs for removal or recovery of the derelict fishing vessel will be borne by the fishing vessel owner.

Removal and disposal of derelict fishing vessel

217.(1)

Upon the expiration of 90 days from the date of posting the notice of

derelict fishing vessel
(a) the Chief Fisheries Officer, in consultation with the Chief Environmental Health Officer, shall ensure the immediate removal of the derelict vessel; and
(b) the Director may direct the disposal of the vessel.
(2) An owner of a derelict fishing vessel shall be liable for the costs of the
removal and disposition of the vessel.

Fishing vessel neglect and unsafe conditions

218.(1)
(a)

(b)

(c)

(d)

A fishing vessel owner shall not
allow or leave a fishing vessel on public or private property without the authorization of the property owner;
allow or leave a fishing vessel in a private marina or boat yard without authorization from the owner of such property;
allow or leave a fishing vessel at sea which constitutes a navigational or safety hazard;
allow, permit or cause a fishing vessel to

(i) obstruct a waterway;
(ii) endanger life or property; or

(iii) create an environmental hazard or nuisance.
(2) A person who contravenes subsection (1) is guilty of an offence and is
liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both and in addition the vessel is liable to be removed and disposed of by the Chief Fisheries Officer.

Breaking of fishing vessels

219.(1)
(a)
(b)

(c)
(d)

(e)

(f)
(g)
(h)

(i)
(j)

Breaking of a fishing vessel shall involve the following: leading the vessel to shore if it is in water;
assessing the contents of the vessel for contaminants prior to vessel breaking of fishing vessel;
locating and isolating all fuel and oil tanks;
checking whether any fuel tanks have any petroleum products or liquid waste;
pumping any remaining petroleum products into barrels for safe disposal;
removing items or objects from the vessel; safely removing waste from the vessel;
sorting and loading materials into bags for transport to a waste handling facility for disposal;
recycling the engine where it is in good condition; and demolishing the fishing vessel.

(2) A person who engages in a breaking of a fishing vessel shall take all
necessary measures to
(a) ensure that the vessel is safely and environmentally disposed of;
(b) prevent injury and loss of human life;

(c) prevent pollution of the environment; and
(d) protect the environment and comply with any occupational, health and safety requirements.
(3) A person who contravenes subsection (2) shall be guilty of an offence and
is liable on summary conviction to a fine of $20 000 or to imprisonment for 3 months or to both.
(4) For the purposes of this section, “breaking of a fishing vessel” means the
disposal of a fishing vessel by demolition or dismantling.

Destruction of fishing vessels

220.(1)

Where the Chief Fisheries Officer determines that a fishing vessel is

to be destroyed, the Chief Fisheries Officer shall request in writing, the destruction of such fishing vessel by the Barbados Coast Guard or an appropriate marine facility.
(2) The disposal referred to in subsection (1) shall be performed in an
environmentally safe manner in accordance with waste disposal laws, standards and best practices.

Stray fishing vessel

221.(1)
(a)
(b)
(c)

A stray fishing vessel is a vessel that
is without a boat master or operator in command of the vessel at sea; constitutes a hazard to navigation; and
is likely to

(i) sink, awash, aground, adrift; or
(ii) damage piers, wharves, other vessels or the marine environment.
(2) The Chief Fisheries Officer shall notify the Harbour Master where it
receives a report of a stray fishing vessel.

(3) A stray fishing vessel is a public nuisance and shall be delivered into the
custody of the Harbour Master until claimed by the vessel owner.

Removal or disposal of stray fishing vessel

222.(1)

The Harbour Master shall investigate a report of a stray fishing vessel.

(2) The Harbour Master may
(a) facilitate the temporary mooring of a stray fishing vessel;
(b) order the vessel owner or operator of a stray fishing vessel to properly moor or remove the vessel; or
(c) remove or dispose of a stray fishing vessel.
(3) The Chief Fisheries Officer shall assist the Harbour Master, where
necessary, in relation to a stray fishing vessel.
(4) Where the Harbour Master has facilitated the temporary mooring of a stray
fishing vessel,
(a) he shall notify the fishing vessel owner and the Chief Fisheries Officer; and
(b) the vessel owner or operator shall reclaim and remove such fishing vessel from the Harbour Master within 21 days from the date of the notification.
(5) The Harbour Master may extend the period for the removal of the
temporarily moored fishing vessel.
(6) Where the Harbour Master engages in any activities under this section, no
liability shall lie personally against the Harbour Master, officers, agents or employees of the Harbour Master Office.
(7) A vessel owner or operator of a stray fishing vessel shall be, jointly or
severally, liable for the costs of the removal and disposal of the vessel.

(8) A person who fails to reclaim or remove a temporarily moored fishing
vessel within the specified period is liable to an administrative fine of $10 000 and the Harbour Master may remove or dispose of the vessel.

PART XXI

FISH QUALITY AND SAFETY

Competent authority

223.(1)

The Minister responsible for Health is the competent authority for the

official control of the safety of fish and fish products for human consumption.
(2) The competent authority shall
(a) monitor the production of fish and fishery products with a view to assessing and eliminating risks to human health;
(b) prescribe and monitor compliance with fish handling, transportation, processing and display standards;
(c) collaborate with other Government agencies in matters related to this section;
(d) inspect and certify fishery establishments where fish and other seafood products are handled for human consumption;
(e) specify conditions for placing of fish and fish products on the market;
(f) outline all procedures to be followed for compliance with provisions under paragraph (e);
(g) maintain a register of approved fish handling establishments;
(h) issue health certification of fish and fish products once the respective requirements are met;

(i)

(j)

(k)

conduct regular inspection to certify that the establishments are being maintained and operated in accordance with the prescribed standards set out by the competent authority;
monitor health and hygiene conditions, including sampling and analysis of fish and other seafood products, water and other samples indicating the level of hygiene of processing; and
perform such other functions as may be necessary or expedient for food safety conditions of fish products in accordance with regulations under this Act and the Health Services Act, Cap. 44.

(3) The competent authority may designate any of the activities listed in
subsection (2) to the Chief Fisheries Officer.

Sale or export of adulterated fish or fish products prohibited

224.(1)

A person who sells or exports fish or fish products intended for human

consumption shall comply with the applicable national and international food safety, health and sanitary and phytosanitary standards.
(2) No person shall sell or export fish or fish products, including aquaculture
products which
(a) are adulterated;
(b) are contaminated with or contains a poisonous or harmful substance or pathogenic micro-organisms;
(c) have not met applicable food safety standards;
(d) have not been prepared under prescribed sanitary and phytosanitary conditions; or
(e) are otherwise injurious to human health.
(3) A person who knowingly sells or exports adulterated fish or fish products
is guilty is of an offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

(4) Fish and fish products referred to in subsection (3) shall be confiscated by
the Chief Fisheries Officer or the Chief Environmental Health Officer and shall be disposed of as the Chief Fisheries Officer or Chief Environmental Officer determines.

Fish waste

225.(1)

The person in charge of a fish establishment or aquaculture or

mariculture facility is responsible for the environmentally safe storage and disposal of fish waste, cleaning chemicals, drugs and other chemicals.
(2) A person engaged in the production of fish waste shall ensure that the waste
(a) does not cause an unsightly or offensive condition at the establishment or facility or the environs of such establishment or facility; and
(b) is secured or treated in a manner designed to prevent it from being
(i) blown, washed or swept off the establishment or facility or their environs; or
(ii) accessible to birds, vermin or animals.
(3) Where any person fails to fulfil or comply with this section, the Chief
Fisheries Officer in consultation with the Minister responsible for Health, shall notify the person in writing of the requirement to take measures to restore the establishment, facility or area to such standard as the Chief Fisheries Officer may specify, within the specified time.
(4) A person who is notified pursuant to subsection (3) by the Chief Fisheries
Officer shall comply within the requirements set out in the notification.
(5) A person who contravenes this section is guilty of an offence and is liable
on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both and in addition shall pay the cost of restoring the area.

PART XXII AQUACULTURE AND MARICULTURE
Adoption of aquaculture and mariculture policy

226. There shall be adopted pursuant to this Part, a policy to be known as
     the “National Policy on Aquaculture and Mariculture”, which shall guide actions and processes relating to aquaculture and mariculture activities in Barbados.

National Policy on aquaculture and mariculture

227.(1)

The policy referred to in section 226, shall be formulated by the

Minister, in consultation with the Chief Fisheries Officer, the Coastal Zone Management Unit (CZMU) and other relevant stakeholders within 12 months after the commencement of this Act.
(2) The policy shall be reviewed by the Minister and must be approved by the
Cabinet as an official national instrument to be used in the development of Barbados’ aquaculture and mariculture sectors, and upon such approval shall have effect for the purposes of this Act.
(3) The Minister shall cause within 4 years after the commencement of this
Act, the evaluation, review and update of the policy.

Aquaculture and Mariculture Management Plan

Adoption aquaculture and mariculture plan

228.(1)

There shall be adopted a plan to be known as the “Aquaculture and

Mariculture Management Plan”.

(2)
with

Aquaculture and mariculture activities shall be executed in accordance

(a) the policy adopted in accordance with this Part;

(b) the plan adopted in accordance with this Part; and
(c) other requirements under this Act and any other enactment.

Implementation of the plan

229. The Chief Fisheries Officer, in consultation with the CZMU is
     responsible for the development and implementation of the Plan.

Preparation of the plan

230. As soon as practicable after the commencement of this Act, the Chief
     Fisheries Officer, in consultation with CZMU, and other relevant stakeholders shall prepare the Aquaculture and Mariculture Management Plan.

Plan adoption, modification and revocation

231.(1)

After consideration of any submissions in relation to the plan, the

Chief Fisheries Officer shall submit the draft plan to the Minister for review and give further instructions, as may be appropriate.
(2) The Minister may
(a) approve the plan with or without amendment; or
(b) refuse to approve the plan and direct the Chief Fisheries Officer to amend the plan.
(3) The Minister shall publish a notice in the Official Gazette of the approval
of the plan.
(4) The plan comes into operation on such date as the Minister may specify
by notice published in the Official Gazette.

Duration and periodic review of plan

232.(1)

The Minister shall cause a review to be made of the plan no later than

5 years after its commencement.

(2)
plan.

After review of the plan, the Minister may approve the amendment of the

Binding effect of plan

233.(1)

All persons are bound by an aquaculture and mariculture management

plan, that has been adopted in accordance with this Act.
(2) All aquaculture and mariculture activities shall be carried out in accordance
with the plan.
(3) The plan may be deviated from where it is necessary for the saving life or
protecting the marine environment.

Withdrawal of plan

234.(1)
to do so.

The Minister may withdraw the plan, where he considers it appropriate

(2) Where the Minister withdraws the plan, he shall publish a notice of
withdrawal in the Official Gazette, and the plan shall cease to have effect on the date of that publication.
(3) The Minister may also take such further steps as he considers appropriate
to ensure that the withdrawal of the plan is brought to the attention of interested persons.
(4) The Minister shall, following the withdrawal of the plan, ensure the
adoption of a new aquaculture and mariculture management plan, so that an existing plan is not withdrawn unless a prospective plan is prepared and is ready for implementation.
(5) For the purposes of this section,
“interested persons” mean
(a) persons appearing to the Minister to be likely to be interested in, or affected by, the withdrawal of the Aquaculture and Mariculture Management Plan; and

(b) members of the general public.

Contents of plan

235.
(a)

(b)

(c)
(d)

The Aquaculture and Mariculture Management Plan shall include
a statement of the objectives and priorities of the plan and strategies for achieving those objectives;
performance indicators to monitor the extent to which the objectives of the plan are being achieved;
strategies for implementing, monitoring and evaluating the plan; an identification and description of

(i) areas which are suitable for aquaculture, mariculture and the type of aquaculture, mariculture for which the area is suitable;
(ii) suitable methods for undertaking the type of aquaculture or mariculture identified; or
(iii) species of fish suitable for aquaculture or mariculture in the area;
(e) requirements or standards for the control of water quality, aquaculture or mariculture waste, escapement, environmental impact assessments and the introduction, transfer and release of fish for purposes related to aquaculture or mariculture;
(f) training and employment schemes in the field of aquaculture and mariculture; and
(g) any other matters concerning aquaculture and mariculture which the Council or Chief Fisheries Officer considers appropriate.

Conformity of aquaculture and mariculture plan to policy

236. Any national aquaculture and mariculture plan must conform to a
     national policy on aquaculture and mariculture currently in effect for Barbados.

Aquaculture and Mariculture Investment Schemes

Entry into aquaculture and mariculture investment schemes

237.(1)

The Chief Fisheries Officer may, as directed by the Minister subject

to Cabinet’s approval, facilitate entry into investment schemes specific to aquaculture and mariculture.
(2) The Chief Fisheries Officer may, in consultation with interested investors,
develop and manage schemes directed at investment for development of Barbados’ aquaculture and mariculture sectors.

Binding nature of aquaculture and mariculture investment schemes

238. An aquaculture and mariculture investment scheme is legally binding
     on all parties to the scheme where
     (a) the terms, conditions and other matters pertaining to the scheme have been agreed to in writing by the parties to the scheme; and
     (b) the scheme is validated in accordance with this Act.

Validity of the scheme

239. An aquaculture and mariculture investment scheme is valid for the
     purposes of this Act where it is registered with the Fisheries Division.

Particulars of the scheme

240.
(a)
(b)
(c)
(d)
(e)

The scheme shall detail the following particulars: parties to the scheme;
duration of the scheme;
scope of activities to be undertaken within the scheme; rights and responsibilities of all parties to the scheme;
insurance or other form of equivalent financial security for the venture;

(f)
(g)
(h)

(i)

(j)
(k)

(l)
(m)

(n)
(o)

(p)
(q)

site selection for aquaculture and mariculture opportunity areas; zoning;
tenure rights in respect of aquaculture and mariculture activities undertaken pursuant to the scheme;
access arrangements, including access by non-party local fishers to surplus of cultured species, if any;
benefit-sharing arrangements;
aquaculture and mariculture, research, training and knowledge transfer;
duty free concessions;
environmental and ecosystem protection and restoration measures, as appropriate;
use of traditional fisheries knowledge in the culturing of species;
specific actions that will be undertaken to promote corporate social responsibility, in furtherance of Part XXVII of this Act;
dispute settlement arrangements; and
any other relevant particulars as determined by the parties to the scheme.

Compliance requirements for parties to schemes

241.
(a)
(b)
(c)
(d)
(e)

Parties to the scheme shall comply with national fisheries laws;
an aquaculture and mariculture policy and management plan; a marine spatial planning requirements;
a maritime boundary and jurisdictional requirements; and international best practices in the realm of aquaculture and mariculture.

Scheme restrictions

242.(1)

An aquaculture and mariculture investment scheme shall not be

concluded where it would be
(a) disadvantageous to the local fishing industry or other marine users or uses; or
(b) otherwise detrimental to the cultural development or environmental, economic or social interests of Barbados.
(2) The Chief Fisheries Officer shall hold stakeholder consultations prior to
concluding an aquaculture and mariculture investment scheme.
(3) Where after entering into and operationalizing an aquaculture and
mariculture investment scheme, its disadvantages become apparent, the scheme may be temporarily suspended to allow for rectification of the matters causing the identified disadvantages.
(4) Subsection (3) shall not come into effect unless
(a) a request for temporary suspension of the scheme is made in writing to the Chief Fisheries Officer by the affected person or group of persons;
(b) the request is accompanied by reasons and supporting evidence; and
(c) the Chief Fisheries Officer obtains the Minister’s approval to temporarily suspend the aquaculture and mariculture investment scheme.
(5) Where the identified disadvantages cannot be wholly remedied, the
Minister shall ensure that an equitable compromise is agreed to in writing, and the aquaculture and mariculture investment scheme is modified accordingly.

Aquaculture and Mariculture Miscellaneous

Prohibition of engaging in commercial aquaculture and mariculture without a licence

243.
(a)

(b)

No person shall
engage in commercial aquaculture or mariculture without a health certificate; or
install or operate a commercial aquaculture or mariculture facility unless that facility is licensed as a commercial aquaculture facility or commercial mariculture facility, as the case may be, in accordance with this Act.

Protection of the ecosystem and traditional access

244. No person shall engage in commercial aquaculture or mariculture
     activities which
     (a) deprive a local community of its traditional access to fishing grounds; or
     (b) cause harm to the ecosystem or fisheries resources.

Responsibility to report infectious diseases

245.(1)

A person who has cause to believe that any fish and fish products from

any waters used for aquaculture or mariculture activities are infected with a disease which can reasonably be foreseen to become, or which has become, of epidemic proportions shall notify the Chief Fisheries Officer.
(2) Where the Chief Fisheries Officer is satisfied that there is an infectious
disease, he shall give notice in writing to the owner of the aquaculture or mariculture establishment requiring the owner to destroy all fish and fish products or take such other measures as may be specified in the notice.

(3) A person who receives a notice under subsection (2) shall comply with its
requirements at his own expense.
(4) Where a person referred to in subsection (3) fails to comply with a notice
referred to in subsection (2), the Chief Fisheries Officer may to enter the relevant facility and take or cause to be taken such measures as may be necessary for complying with the requirements of the notice and any expenses incurred shall be recoverable as a debt due and owing to the State in proceeding before a magistrates’ court for District “A”.

Permission from the Chief Fisheries Officer to move fish

246.(1)
Officer,
(a)

(b)

(c)

No person shall, without the written permission of the Chief Fisheries

release or cause to be released into the waters of Barbados any exotic species of fish or any genetically modified fish;
transfer any eggs, fingerlings or seed of exotic or genetically modified species or such adult species of fish from one aquaculture or mariculture establishment to another or from any location to another; or
import or export live fish for the purpose of aquaculture or mariculture.

(2) Notwithstanding subsection (1), the Chief Fisheries Officer may, after an
environmental impact assessment has been undertaken, grant subject to such conditions as he may determine, permission to conduct any activity referred to in subsection (1).
(3) A person who contravenes this subsection (1), is guilty of an offence and
is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

Chief Fisheries Officer to inspect and seize aquaculture or mariculture produce

247.(1)
(a)
(b)

The Chief Fisheries Officer may inspect or cause to be inspected any live fish imported for the purpose of aquaculture and mariculture; or aquaculture and mariculture produce destined for export.

(2) The Chief Fisheries Officer or an inspector may seize, hold, quarantine,
disinfect or destroy any live fish that have been imported or that are destined for import or export for purposes of aquaculture and mariculture, and shall take such measures where it is determined that the species are diseased or highly invasive.
(3) The owner of the fish seized under subsection (2) shall not be compensated
for the fish.

Escapement: aquaculture and mariculture stock

248.(1)

A person engaged in commercial aquaculture or mariculture shall take

appropriate measures to prevent or minimize the risk of the escape of aquaculture stock into the wild.
(2) Where there has been an escape of aquaculture or mariculture stock or
damage to a farming structure, equipment or facility that may lead to the escape of aquaculture or mariculture stock, the operator of the aquaculture or mariculture establishment shall take immediate measures to minimize the damage and to repair any damage caused to the extent possible.
(3) A person engaged in commercial aquaculture or mariculture shall
immediately notify the Chief Fisheries Officer of any escape or damage, including the following:
(a) the species of fish affected;
(b) the date or an estimate of the date on which the escape or damage took place;

(c) the number and biomass or an estimate of the number and biomass of the fish that have escaped;
(d) the age or developmental stage of the fish at the time of their escape and details of the circumstances in which the escape or damage took place; and
(e) any other relevant information,
and shall within 7 days after becoming aware of such escape or damage, notify the Chief Fisheries Officer in writing of the action taken to deal with the escape or damage.
(4) A person who contravenes this section is guilty of an offence and is liable
on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both and in addition shall participate in a fisheries management and protection programme.

Restricted use of drug and other chemical

249.(1)

No person shall in a commercial aquaculture or mariculture

establishment, use any drug, pharmaceutical, antibiotic or other chemical for the treatment of fish diseases or for the enhancement of fish growth without the written approval of the Chief Fisheries Officer.
(2) A person who contravenes subsection (1) is guilty of an offence and is
liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both and in addition shall participate in a fisheries management and protection program, initiative or activity.

Information on wild and genetically modified species

250. The Chief Fisheries Officer shall collect information and data on wild
     and genetically modified species for the purpose of assessing their impact on aquaculture or mariculture, as the case may be.

Interference with aquaculture or mariculture establishment prohibited

251.(1)

No person shall, unless he is the holder of a valid aquaculture or

mariculture licence,
(a) interfere with or harvest the product of an aquaculture or mariculture establishment without the written authority of the licensee;
(b) place any object in the water, or promote or undertake any activity in a manner so as to obstruct an aquaculture operation being carried out by another person;
(c) destroy, damage, displace or alter the position of any equipment lawfully deployed in connection with an aquaculture or mariculture licence; or
(d) without lawful excuse, cause the release of any product of an aquaculture or mariculture establishment.
(2) A person who contravenes subsection (1) is guilty of an offence and is
liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both and shall participate in a fisheries management and protection programme, initiative or activity.

Transboundary aquatic ecosystems

252. Subject to applicable regional and international law, the Chief
     Fisheries Officer shall cooperate with other States to ensure protection and preservation of aquatic ecosystems from
     (a) escapement of aquaculture or mariculture species into shared bodies of water;
     (b) waste from aquaculture and mariculture activities;
     (c) diseases that are likely to become or have reached epidemic proportions; and

(d) effluent that might affect transboundary aquatic ecosystems.

Code of Practice for aquaculture and mariculture activities

253.(1)

The Chief Fisheries Officer shall coordinate the development of a

Code of Practice for aquaculture and mariculture activities, which shall provide detailed practical guidance on engaging in aquaculture and mariculture activities.
(2) The Code of Practice shall complement the Aquaculture and Mariculture
Management Plan.

Designated areas for acquaculture and mariculture

254.(1)

The Minister, in consultation with the Chief Fisheries Officer and

relevant stakeholders, may by order designate areas for aquaculture and mariculture, taking into account any
(a) land use planning requirements, in the case of aquaculture designation; and
(b) marine spatial planning considerations, in the case of mariculture designation.
(2) Where areas are to be designated for the purposes of aquaculture and
mariculture, consideration shall be given to whether an aquaculture or mariculture opportunity area has been selected as part of an aquaculture and mariculture investment scheme.
(3) The Minister may designate areas for aquaculture and mariculture outside
of an aquaculture or mariculture opportunity area, in order to enable persons not party to an aquaculture and mariculture investment scheme to benefit from aquaculture and mariculture activities.

PART XXIII

CLIMATE CHANGE MITIGATION, ADAPTATION AND DISASTER RISK MANAGEMENT IN FISHERIES

Interpretation

255. For the purposes of this Part,
     “CCMADRM” means climate change mitigation, adaptation and disaster risk management.

Fisheries sector CCMADRM policy and plan

256. There shall be developed by the Chief Fisheries Officer, in
     consultation with the CZMU, and other relevant stakeholders, a fisheries sector CCMADRM policy and plan for the fisheries sector, including the aquaculture or mariculture sectors.

Binding effect of the CCMADRM Plan

257.(1)

All persons are bound by a lawfully adopted CCMADRM plan, that

has been adopted in accordance with this Act.
(2) The CCMADRM Plan may be deviated from where it is necessary for
saving life or protecting the marine environment.

Withdrawal of the CCMADRM Plan

258.(1)

The Minister may withdraw the CCMADRM Plan, where he considers

it appropriate to do so.
(2) Where the Minister withdraws the CCMADRM Plan, he shall publish a
notice of withdrawal in the Official Gazette, and the CCMADRM Plan ceases to have effect on the date of such publication.

(3) The Minister shall take such further steps as he considers appropriate to
ensure that the withdrawal of the CCMADRM Plan is brought to the attention of interested persons.
(4) Following the withdrawal of the CCMADRM Plan, the Minister shall
ensure the adoption of a new CCMADRM plan, so that an existing plan is not withdrawn unless a prospective one is prepared and is ready for implementation.

Direct and indirect climatic impacts

259.(1)

The CCMADRM Policy and Plan shall consider the following direct

impacts of climate change:
(a) ocean acidification;
(b) changes in sea temperature and circulation patterns;
(c) severe weather events;
(d) sea level rise;
(e) ecological changes;
(f) changes in fish feeding, migration and breeding behaviour;
(g) shifts in distributions of fish species; and
(h) any other directly associated impacts.
(2) The CCMADRM Policy and Plan shall consider the following indirect
impacts of climate change:
(a) impacts on fishery productivity;
(b) impacts on fish food security and livelihoods;
(c) safety and security costs incurred in making fishing communities more climate resilient;
(d) adaptation and mitigation costs;

(e) loss or damage to fishery resources with corresponding market impacts; and
(f) any other associated indirect impacts.

Aims of the CCMADRM Policy and Plan

260. The Minister shall, in consultation with the Chief Fisheries Officer
     and any other persons competent in climate change matters, develop a climate change mitigation and adaptation plan for the fishing, aquaculture and mariculture sectors, aimed at

(a)

(b)

(c)

(d)
(e)
(f)
(g)

(h)

(i)
(j)
(k)

addressing the economic impacts on fisheries, aquaculture and mariculture;
addressing the environmental impacts on fisheries, aquaculture and mariculture;
reducing external stressors on natural systems directly and indirectly impacting the marine environment;
identifying and protecting valuable coastal and marine areas; investments in safer harbours and landings;
promoting disaster risk management;
mainstreaming fisheries, aquaculture, mariculture and national food security into national climate change adaptation policies;
inclusive capacity building, so as not to only include technically focused fisheries-related departments, but also to include the civil sector, in order to facilitate holistic climate planning;
financial mechanisms for climate mitigation and adaptation; connecting national and regional climate policies and programmes;
recognition of new opportunities for workers in the fisheries, aquaculture and mariculture sectors and promotion of those new opportunities;

(l) terrestrial, coastal and marine planning to facilitate future requirements for current coastal activities to shift landwards overtime, to better manage the terrestrial environment and better monitor and control terrestrial environmental activities that impact on the coastal and marine environment and ensure holistic marine environmental protection from inland to sea;
(m) improving safety at sea;
(n) regulating ghost-fishing and addressing the impact of ghost gear;
(o) better international trade practices in fisheries, aquaculture and mariculture, through creating value added fishery products, reducing barriers that constrain competitive fisheries on the international market, and promoting policies that discourage economically non- viable fisheries, aquaculture and mariculture support economic diversification and enhance economic resilience in the fisheries, aquaculture and mariculture sectors;
(p) gender mainstreaming, to adequately address the gendered impact of climate change on women in fisheries, as well as to address gender issues in the fisheries and climate contexts; and
(q) overall climate resilience in fisheries, aquaculture and mariculture.

Climate change resilience building innovation

261.(1)

This Act gives legitimacy to any actions, programmes or initiatives

aimed at mitigating, reducing or adapting to climatic impacts on fisheries, aquaculture or mariculture, irrespective of whether those actions, programmes or initiatives are created and developed
(a) at the governmental level;
(b) by an individual fisher;
(c) by a group of fishers within a fishing community; or
(d) by an entire fishing community,

which are based on the international climate legal framework or considered to be established regional climate regimes that cater to local circumstances and are appropriate in the fisheries, aquaculture and mariculture contexts.
(2) Any action, programme or initiative aimed at mitigating, reducing or
adapting to the climatic impacts on fisheries, aquaculture and mariculture that is created and developed by
(a) an individual fisher;
(b) a group of fishers within a fishing community; or
(c) an entire fishing community,
shall be afforded the benefits and protections provided under this Act or any enactment related thereto.

Incentives: climate change mitigation

262.(1)

The Minister responsible for Finance may undertake climate change

mitigation measures for the purpose of protecting fisheries, aquaculture and mariculture.
(2) The Minister responsible for Finance may contribute to reducing
greenhouse gas emissions in the fishing industry through giving incentives
(a) to fishing vessel owners to improve fuel efficiency;
(b) to small scale fishers to switch to sails;
(c) to commercial fishers to use energy efficient vessels;
(d) to all fishers, commercial and non-commercial, to use energy efficient fishing gear; and
(e) for any economically feasible, environmentally sustainable and workable climate mitigation initiatives proposed by an individual fisher, a collective group of fishers within a fishing community or by an entire fishing community.

Emissions reduction from fishing vessels

263. An owner or operator of a fishing vessel shall, in so far as practicable,
     seek to reduce emissions from fishing vessels by any or all of the following methods:
     (a) improving vessel design;
     (b) using eco-friendly coatings to enhance resistance reduction;
     (c) using lightweight materials;
     (d) employing sophisticated energy management and control systems onboard;
     (e) using energy saving electric utilities and batteries;
     (f) using supplementary power generation renewable technologies; and
     (g) any other methods aimed at improving energy efficiency.

Climate change adaptation in fisheries sector

264. The Minister, in consultation with the Chief Fisheries Officer,
     fisherfolk and other key stakeholders in fisheries, aquaculture or mariculture shall take actions to adapt to climate change impacts on fisheries, aquaculture and mariculture including undertaking
     (a) capacity building activities to better enable fishers in the process of adaptation;
     (b) physical infrastructure adaptation activities, to improve safety at sea, reduce associated risks and address other infrastructural related concerns;
     (c) financial improvement adaptation activities, to support more eco- friendly and fuel efficient fishing and aquaculture practices, and improve financial access for fishers so as to cushion any loss or damage

sustained by fishers during natural disasters as well as to enable fishers to restart fisheries work as soon as possible post natural disasters; and
(d) climate policy integration activities, to ensure that climate change adaptation measures are incorporated into fisheries, aquaculture, mariculture and coastal and marine development plans and policies.

Disaster and Emergency Preparedness and Response in Fisheries

Natural disaster and emergency considerations fisheries sector

265.(1)

The CCMADRM Policy and Plan shall contain a natural disaster and

emergency component, which shall establish a regime for the fisheries sector in the event of natural and human-induced phenomena or events that have the potential to cause a disaster or a humanitarian emergency, particularly as it relates to phenomena or events which
(a) disrupt the functioning of a fishing community; and
(b) result in casualty, loss or damage of property, infrastructure, essential services or a fisher’s means of livelihood.
(2) The CCMADRM Policy and Plan, shall address
(a) natural disasters;
(b) technological disasters directly relating to human activity and consequential to a technological failure or of management; and
(c) complex emergencies resulting from humanitarian crises and for which external aid is needed.
(3) The CCMADRM Policy and Plan shall clearly identify
(a) the natural hazards that local fishing communities are exposed to, in terms of the nature and degree to which fishing communities, assets of fishers and the various activities fishers rely on for their livelihoods, are exposed to the physical effects of disasters and emergencies;

(b) disaster exposure in coastal areas, in terms of earthquakes, tsunamis and other geological in origin natural disasters;
(c) the sensitivity of local fishing communities to natural hazards, in terms of the extent to which fishing communities will suffer impacts due to natural hazards; and
(d) the adaptive capacity of local fishers in the face of natural disasters, in terms of the combined resources and strengths available within a fishing community that can contribute to risk reduction or minimize the impacts of a natural disaster.
(4) The CCMADRM Policy and Plan shall address cross cutting issues
affecting vulnerability and exclusion in the local fisheries sector, including, but not limited to factors such as
(a) gender;
(b) age;
(c) disability;
(d) HIV/AIDS;
(e) non-communicable diseases; and
(f) chronic poverty and marginalization.
(5) The CCMADRM Policy and Plan shall detail recommendations on
restoration in the local fisheries sector after any natural disaster, including restoration of
(a) livelihoods in fisheries;
(b) contributions of fisheries, aquaculture and mariculture to national food and nutrition security;
(c) local economic activity and demand for goods and services in fisheries; and
(d) the safety net function of fisheries.

(6) The CCMADRM Policy and Plan shall clearly define emergency response
objectives in local fisheries, aquaculture and mariculture with such response focusing on
(a) saving human lives;
(b) protecting and strengthening livelihoods in fisheries, aquaculture and mariculture; and
(c) ensuring that fishers, fishing communities and coastal areas are more resilient in the face of natural disasters and longer term processes of change owing to climate.
(7) The CCMADRM Policy and Plan shall incorporate the key elements of the
ecosystem approach to the local fisheries, aquaculture and mariculture sectors, namely the following elements:
(a) community, to ensure support of local fishing communities to enable strength building and capacity building to facilitate the recovery process and transition process to long term development and to promote fisheries contributions to food security and quality;
(b) economy, to ensure financial support of the recovery of the fisheries, aquaculture and mariculture sectors post natural disaster and enable the transition of fisheries, aquaculture and mariculture into long term economic growth and development;
(c) ecological, to ensure recovery of and protection of, marine living resources, the marine environment and coastal areas; and
(d) governance, to strengthen capacity of the Barbados government to improve the legal and institutional framework required for, and essential to, the exercise of responsible fisheries, aquaculture and mariculture.
(8) The CCMADRM Policy and Plan shall cater for
(a) material losses to fishers in the wake of natural disasters or emergencies; and

(b) non-material losses or aspects of fishers’ livelihoods post disaster or emergency.
(9) The CCMADRM Policy and Plan shall examine key relationships within
fishers’ livelihoods as part of the livelihood rebuilding and resilience improving processes, particularly key relationships including the
(a) possibilities that fishers have to use the assets at their disposal to gain access to, or convert into, other asset forms;
(b) quality of relationships that fishers have with service providers and institutions, and the extent to which these service providers and institutions are responsive to their needs; and
(c) levels of support that fishers can obtain from institutions, policies and processes,
to ensure that fishers are able to reduce their vulnerability and improve their livelihoods in the face of natural disasters and emergencies.
(10) The CCMADRM Policy and Plan shall holistically address post disaster
assessment and recovery in the fisheries, aquaculture and mariculture contexts, including recommendations and measures for disaster and emergency management along the entire fisheries value chain, in relation to the
(a) transferring of fish from its production point to its consumption point;
(b) different actors involved in the fisheries value chain; and
(c) interrelationships linking together different actors and agencies along the fisheries value chain.
(11) The CCMADRM Policy and Plan shall address the impacts of a natural
disaster or emergency on the different stages in the value chain, such as impacts on
(a) capture fisheries;
(b) subsistence consumers;

(c)
(d)
(e)
(f)
(g)
(h)
(i)

harvest from aquaculture and mariculture; fish landings;
fish processing; transporting of fish; sales;
ancillary services; and fish consumers.

(12) The CCMADRM Policy and Plan shall address preparedness and
contingency planning to secure an effective and efficient emergency response in the fisheries, aquaculture and mariculture sectors, and in doing so shall
(a) identify the relevant stakeholders in the preparation of and in response to potential disaster or emergencies that will affect fisheries, aquaculture and mariculture;
(b) identify the relevant stakeholders in ensuring continued policy and management functions in emergency situations in fisheries, aquaculture and mariculture;
(c) analyze the knowledge, attitude, skills and ability profiling in the local fisheries sector to
(i) define human capacity development in the local fisheries, aquaculture and mariculture context;
(ii) determine human capacity needs of local fishing, aquaculture and mariculture communities; and
(iii) evaluate how capacity development in fisheries, aquaculture and mariculture should be delivered; and
(d) identify an information gathering system to ensure availability of sound information, data and local fisheries knowledge in preparing for and responding to natural disasters and emergencies.

(13) The CCMADRM Policy and Plan shall address response efforts and
approaches aimed at supporting responsible fisheries, aquaculture and mariculture, including the
(a) ecosystem approach to fisheries; and
(b) ecosystem approach to aquaculture or mariculture,
and shall incorporate the principles underlying the ecosystem approach to fisheries and ecosystem approach to aquaculture or mariculture approaches into the emergency response in the fisheries, aquaculture and mariculture contexts.
(14) The CCMADRM Policy and Plan shall cater to flexibility and
responsiveness in the planning and implementation of disaster relief and post disaster reconstruction in the fishing, aquaculture and mariculture sectors to ensure an effective and efficient response to vulnerable groups within the said fisheries, aquaculture and mariculture sectors.
(15) The CCMADRM Policy and Plan shall facilitate inclusiveness in decision-
making concerning relief and rehabilitation measures, and shall give attention to the engagement and inclusion of vulnerable groups within the local fisheries, aquaculture and mariculture sectors.
(16) The CCMADRM Policy and Plan shall give special attention to gender-
related issues in the fisheries, aquaculture and mariculture contexts and shall outline the mechanisms for addressing such gender issues at all phases of the emergency relief and rehabilitation process.
(17) The CCMADRM Policy and Plan shall be designed, developed and
implemented with relevant technical experts in
(a) disaster management and emergency planning;
(b) fisheries, aquaculture and mariculture;
(c) gender development and mainstreaming;
(d) legal and policy development; and
(e) any other relevant technical experts.

(18) The CCMADRM Policy and Plan shall detail monitoring, control and
surveillance mechanisms before and after any disaster.
(19) The CCMADRM Policy and Plan shall be revised and updated as may be
required.

PART XXIV FISHERIES AND ENERGY
Green fishing schemes

266. The Chief Fisheries Officer shall, in consultation with the Minister
     responsible for Energy and other stakeholders, develop green fishing schemes aimed at promoting greater renewable energy usage in
     (a) wild caught fisheries;
     (b) aquaculture and mariculture;
     (c) the post-harvest fisheries sector;
     (d) fisheries distribution, sales and consumption;
     (e) State-owned and private fishing facilities; and
     (f) the entire fisheries value chain.

Benefit sharing agreements

267.(1)

The Chief Fisheries Officer shall ensure equitable access and

participation by fisherfolk in marine renewable energy activities led by non- fishing industry energy developers, particularly in relation to accessing affordable marine renewable energy resources and products for the fishing industry.

(2) The Chief Fisheries Officer, in consultation with the Minister responsible
for Energy and stakeholders, shall design benefit sharing agreements which shall specify the following:

(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)

(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)

date; parties;
context and purpose; interpretation;
effect, commencement and review; benefit sharing particulars;
energy performance standards, where applicable; environmental considerations;
rights in and dealings with energy samples and products, where applicable;
financial arrangements; acknowledgement and publicity; record keeping;
confidential information; indemnity, as applicable; insurance;
access to fishing areas and premises and records, as applicable; termination;
dispute resolution; and general provisions.

Benefit sharing agreements to accompany green fishing schemes

268. A green fishing scheme shall have a benefit sharing agreement.

PART XXV GENDER IN FISHERIES
Gender equality, equity and diversity in fisheries programme

269. The Chief Fisheries Officer, in consultation with the Women in
     Maritime Association of the Caribbean, Barbados Chapter and other relevant stakeholders shall develop a Gender Equality, Equity and Diversity in Fisheries programme to
     (a) explore and enhance the ways in which fisheries offer entry points and a platform to promote gender equality, equity and diversity among women, girls, men and boys;
     (b) mainstream gender in fisheries, including aquaculture and mariculture;
     (c) encourage more females in sea-going fisheries;
     (d) harness knowledge, strengths and contributions of all people in treating to the gender differentiated impacts of climate change in fisheries, and empowering all people in the fisheries sector, regardless of gender, to manage and respond to climate risks and participate in climate mitigation, adaptation and solutions finding;
     (e) construct tools such as gender analysis, gender action plan and gender intervention to improve entrepreneurial and negotiating skills, as well as strengthen livelihoods of women, girls, men and boys in fisheries;
     (f) support gender relevant, fisheries specific policies and plans of action; and

(g) overall promote and integrate gender considerations, as part of sustainable fisheries management and development activities.

Gender reporting in fisheries

270.(1)

The Chief Fisheries Officer or his nominee shall provide an annual

report on gender equality, equity and diversity in Barbados’ fishing sector to the Bureau of Gender Affairs.
(2) The report shall include
(a) steps taken to mainstream gender in fisheries among women, girls, men and boys;
(b) information on gender sensitive results in the fisheries sector;
(c) details on indicators used to measure gender mainstreaming in fisheries; and
(d) any other relevant fisheries specific gender based data and information.

Gender in fisheries and nationally determined contributions

271. The Gender Equality, Equity and Diversity in Fisheries Programme
     shall support the inclusion and implementation of fisheries sector specific gender responsive actions in Nationally Determined Contributions, to strengthen efforts to accelerate sustainable, inclusive and equitable fisheries-related development action.

Collaboration with the Bureau of Gender Affairs

272. The Chief Fisheries Officer shall collaborate with the Bureau of
     Gender Affairs, in implementing the provisions of this Part.

PART XXVI FISHERIES COOPERATIVE
Provision for the establishment of a fisheries cooperative

273.
industry to

Fisheries cooperatives may be created for the benefit of the fishing

(a) financially empower fishers and aquaculture farmers with limited means;
(b) enable socio-economic transformation in the fisheries, aquaculture and mariculture sectors;
(c) support secure financial benefits for fishers and aquaculture farmers; and
(d) fulfill the common economic goals of the fishing, aquaculture and mariculture sectors.

Main functions of the fisheries cooperative

274.
(a)
(b)
(c)
(d)

(e)
(f)
(g)

The fisheries cooperative shall function for the following purposes: arranging supply of fisheries inputs and equipment;
transferring technology to fishers; provision of insurance coverage to fishers;
procurement of pond or other freshwater resource leases for inland aquaculture development and sale of fish at a reasonable price;
provision of education and training to fishers;
marketing of fish and fish products and promotion of exports; provision of consultancy services to fishery cooperative members;

(h)

(i)

(j)
(k)
(l)
(m)

(n)

provision of research and publication services to the fisheries cooperative;
liaison with government and other departments, cooperative institutions and other agencies;
raising capital through share, deposits and borrowings;
providing loans, mortgages and other financial services to fishers; providing financial assistance to fishers for funeral expenditure;
providing financial assistance to fishers with maternity and paternity expenses; and
securing any other financial benefits to fishers.

Education of fishers on cooperatives

275. Fishers shall be educated and trained to the fullest extent possible on
     direct and indirect subject matter related to fisheries cooperatives, as well as in the management and operation of fisheries cooperatives, for the purposes of their general benefit and full participation in any such fisheries cooperative.

PART XXVII

CORPORATE SOCIAL RESPONSIBILITY

Corporate social responsibility action

276. Companies registered in and operating in Barbados, and foreign
     entities engaged in fisheries related business in Barbados, may take corporate social responsibility actions to support sustainability efforts in the local seafood sector by
     (a) supporting responsible fishing practices;
     (b) encouraging environmentally responsible fish farming practices;

(c)
(d)
(e)

(f)

(g)

(h)

(i)

(j)

(k)

supporting responsible fisheries management;
setting purchasing quotas for under utilized fish species;
enabling transparency in fisheries and seafood supply chains through establishing and developing traceability systems;
working with government, other relevant fisheries organizations and other key stakeholders to develop a common understanding of the issues plaguing the local fishing sector and partner in addressing such issues;
keeping the public informed about the facts and fictions around fisheries, seafood and sustainability;
facilitating local fish markets in minimizing wastage across fish market sites, including reduction of electricity and water consumption, and greenhouse gas emissions;
actively supporting innovation by local fishers to support the longevity of their livelihoods in fisheries;
participating in fisheries conservation efforts to ensure that future generations can continue to benefit from Barbadian seafood;
otherwise taking initiatives in support of

(i) sound environmental management in fisheries, aquaculture and mariculture;
(ii) people and the communities that underpin the local fishing, aquaculture and mariculture sectors;
(iii) continued provision of safe and nutritious seafood; and
(iv) raising consumer awareness concerning sustainably sourced seafood;

(l) lending financial support to fisheries research for development or funding for any other development initiatives in the fisheries, aquaculture and mariculture sectors; and
(m) any other corporate and socially responsible actions in support of the continued viability of the local fisheries, aquaculture and mariculture sectors,
to facilitate management and conservation efforts in the local fisheries, aquaculture and mariculture sectors, as well as for the continued development of the overall seafood industry.

Corporate social responsibility reporting

277.(1)

Companies that opt to undertake corporate social responsibility action

in the local seafood industry shall publish a corporate social responsibility report, hereafter referred to as a CSR report on such action.
(2) The CSR report shall
(a) detail the company’s level of commitment and progress in relation to supporting and advancing the local seafood sector;
(b) be published annually;
(c) contain accurate data;
(d) be supported by external verification; and
(e) be a true reflection of the company’s efforts in support of the local seafood industry.
(3) The CSR report shall not be used
(a) to misguide consumers;
(b) to portray a false image of a company’s business model, such as portraying social and environmental principles, where such principles are not involved in the company’s business model;

(c) for mere marketing and advertisement purposes for the sole benefit of the company;
(d) in any other form of greenwashing, such as the making of misleading and unsubstantiated claims about the environmental and social responsibility taken by a company in relation to
(i) the fisheries, aquaculture and mariculture sectors; or
(ii) to a particular fishery or a given seafood product;
(e) to benefit companies more than it benefits the public; or
(f) to otherwise make corporate social responsibility claims, where such claims are not supported by real corporate social responsibility actions.
(4) Where it is determined that a company’s CSR report breaches any of the
prohibitions outlined in subsection (3), the Minister upon recommendation of the Chief Fisheries Officer may
(a) seek remedy in the form of mandatory injunction to have the company perform the claimed corporate social responsibility actions;
(b) publish an updated CSR report to reflect corporate social responsibility action or actions executed subsequent to a mandatory injunction, accompanied by a declaration that the updated CSR report is true and accurate and a written and signed statement by a representative in the local fishing industry that received such corporate social responsibility benefit as to the veracity of the updated CSR report; or
(c) issue a public apology.

Implementation of a corporate watch and verification system

278. The Minister shall, in consultation with the Chief Fisheries Officer
     and other relevant stakeholders, develop a corporate watch and verification system to ensure transparency by companies engaged in corporate social responsibility activities in the local seafood sector and accordingly ensure that CSR reports are true and accurate.

Incentives for companies that undertake corporate social responsibility in the local seafood industry

279.(1)

Companies that opt to undertake corporate social responsibility

actions in the local seafood industry shall enjoy incentives for their corporate social responsibility efforts and their general contribution to national food security by such said efforts.
(2) The benefits incentives granted to companies shall be balanced against the
overall development interests and needs of the local seafood industry and such incentives shall not undermine or in any way compromise development efforts of the local seafood industry.
(3) Companies may propose to the Chief Fisheries Officer their desired
incentives for participating in the development of the local seafood industry, to which the Minister shall give due consideration.
(4) The Minister, after approval by the Minister responsible for Finance, may
offer incentives to companies participating in the development of the local seafood industry.
(5) The Minister responsible for Finance has the sole discretion to make a final
determination as to the incentives to be granted to any company undertaking corporate social responsibility activities in the local seafood industry.

PART XXVIII

FISH AGGREGATING DEVICES

Fish aggregating devices management plan

280.(1)

The Chief Fisheries Officer, in consultation with relevant

stakeholders, shall develop a fish aggregating devices management plan as part of large pelagic fisheries, with the aim of ensuring long-term biological and socio- economic sustainability of the fish aggregating devices fisheries.

(2) The FAD Management Plan shall include

(a)
(b)
(c)
(d)

(e)
(f)
(g)
(h)
(i)
(j)

(k)
(l)

(m)

an outline of measures to improve fisheries based food security; a strategy to improve revenue of fishers from FAD fisheries;
measures for reducing fishing pressure on coastal and reef systems;
mechanisms to counteract the negative impacts of FADs and FAD fisheries on the marine ecosystem, including FAD sustainability initiatives;
measures to prevent overfishing from FADs;
pollution management from FADs to mitigate creating marine debris; effective data gathering methodologies from FAD fishing activities; a system for FAD equipment repair and maintenance;
licensing, training and certification schemes for FAD fishers;
a framework for formalizing and legitimizing a co-management system for FAD fisheries, that integrates fishing community rights and encourages their equitable participation in FAD management activities;
FAD deployment regulation and control;
a framework for FAD regulation, compliance, monitoring and enforcement; and
any other elements required for the effective management of FADs.

Adoption and implementation of the FAD Management Plan

281. The FAD Management Plan shall be adopted not more than one year
     after the commencement of this Act and shall be subject to regulations made under this Act.

Binding nature of FAD Management Plan

282.(1)

All persons are bound by a lawfully adopted FAD management plan.

(2) All FAD fishing and FAD related activities shall be carried out in
accordance with the plan.
(3) The plan may be deviated from where it is necessary for saving life or
protecting the marine environment.

Plan duration and periodic review

283.(1)

A FAD management plan is valid for 5 years.

(2) The Chief Fisheries Officer shall periodically review and update the FAD
Management Plan as necessary, within the 5 year period.
(3) A new plan may be adopted at the end of a 5 year period, where it is required
in the interest of continued sustainable development and relevance to the FAD fishing industry.

Withdrawal of a FAD management plan

284.(1)

Where a FAD management plan is withdrawn, a notice of withdrawal

shall be published in the Official Gazette, and the plan ceases to have effect on the date of such publication.
(2) An existing FAD management plan shall not be withdrawn unless a
prospective one is prepared and implementation ready.

FAD logbooks

285. FAD fishers shall maintain a FAD logbook to record FAD fishing
     information which should be readily available upon request by any authorized person.

Register of FAD locations

286. The Chief Fisheries Officer shall maintain a register and site map of
     all FAD locations in Barbados waters.

FAD registration and licensing

287.(1)

All FADs shall be registered with the Chief Fisheries Officer.

(2) The Chief Fisheries Officer shall maintain separate registers for
(a) government-owned FADs;
(b) private-owned FADs namely, FADs owned by private individuals who are not registered fishers or fishing vessel owners; and
(c) FADs owned by registered fishers and fishing vessel owners.
(3) FAD licences are required for private-owned FADs namely, FADs owned
by private individuals who are not registered fishers or fishing vessel owners.
(4) Registered fishers and fishing vessel owners do not require a FAD licence,
but are required to register FADs owned by them.

FAD registration and licensing fees

288. The Minister may, in consultation with the Chief Fisheries Officer,
     prescribe FAD registration and licensing fees.

PART XXIX

FISHERIES, MARINE SPATIAL PLANNING AND MANAGEMENT

Fisheries specific marine spatial planning and management

289.
shall

(a)

(b)

(c)

Fisheries specific marine spatial planning and management activities

take into account the requirements in any national enactment on marine spatial planning and any in-force marine spatial plan for Barbados, undertaking any necessary modifications and adaptations as the circumstances may require;
be coordinated within general marine spatial planning and management activities, giving due consideration to the spatial needs of the fisheries sector; and
be developed in respect of

(i) fishery closure areas, including seasonal closures;
(ii) no-trawl areas;
(iii) critical fisheries and marine living resources habitat designations;
(iv) natural and artificial reef areas;
(v) FAD fisheries; and
(vi) any other aspect of fisheries that may be considered appropriate for inclusion in fisheries-specific marine spatial planning and management activities.

Planning and management per fishery

290.(1)

A fishery management plan, for each type of fishery, spatial planning

and management measures, consistent with section 10, shall also be developed in relation to each type of fishery.

(2) Spatial and temporal considerations shall be factored into general fisheries
planning processes.
(3) Fisheries specific marine spatial planning activities may accordingly be
subsumed within general fisheries management planning activities, where this is deemed appropriate in the circumstances.

Stakeholder collaboration

291. The Chief Fisheries Officer shall collaborate with relevant
     stakeholders in carrying out fisheries specific marine spatial planning and management activities.

PART XXX

FISHERIES-SPECIFIC PAYMENT FOR ECOSYSTEM SERVICES SCHEMES

Economic Diversification of Fisherfolk through Payments for Ecosystem Services

Interpretation

292. For the purposes of this Part,
     “PES” means payment for ecosystem services.

Fisheries specific cash-for-conservation regimes

293. The Chief Fisheries Officer shall develop, in consultation with
     relevant stakeholders, fisheries specific PES schemes, also known as cash-for- conservation services, in effort to support economic diversification within the fisheries sector.

Payment for ecosystem services regime

294. The PES regime developed pursuant to section 293 shall take into
     account any other national enactment on payments for ecosystem services, where practicable.

Register of persons participating in the schemes

295. The Chief Fisheries Officer shall maintain a register of persons
     participating in fisheries specific PES schemes to ensure effective regulation of such schemes and scheme participants.

Fisheries specific PES scheme requirements

296.(1)

The Chief Fisheries Officer shall publish all relevant information

regarding fisheries specific PES schemes in a fishing industry notice.
(2) The information referred to in subsection (1) shall include

(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)

(i)

objective of fisheries specific PES schemes; clearly identified sellers;
clearly identified buyers;
clear definition of the fisheries related ecosystem service provided; matters to be contained in fisheries specific PES contracts;
clearly identified non-compliance penalties; determination of payments based on costs;
guidance to ensure that cash-for-conservation activities do not create environmental and ecosystem problems; and
all other relevant information.

Approval of fisheries specific PES schemes

297.(1)

The Chief Fisheries Officer shall submit completed fisheries specific

PES schemes to the Minister for review and approval.
(2) The Minister shall not approve any fisheries specific PES scheme that
(a) adopts a practice that would have been adopted, regardless of the fisheries specific PES scheme;
(b) may lead to environmental and ecosystem damage in other areas;
(c) may pose a detriment to one or more fisheries, fisheries habitat or other marine living resources;
(d) fails to generate resources required to maintain incentives to service providers; or
(e) does not significantly factor in positive social benefits.

Pilot fisheries specific PES scheme

298. The Minister may, as a precautionary measure, require the launching
     of a pilot fisheries specific PES scheme in order to determine whether or not to approve a permanent PES arrangement.

Scope of Fisheries specific PES Schemes

Fisheries specific PES schemes

299. Fisheries specific PES schemes may relate to any number of activities
     fisherfolk can engage in for their economic benefit and that will lead to improved marine environmental and marine living resources management, protection, restoration or sustainability, including
     (a) fishing for marine litter;
     (b) removal of invasive marine flora from the coastal and marine environment;

(c) restoration and maintenance of fish and marine living resources stocks and habitats;
(d) activities to mitigate and adapt the fisheries sector to climate change impacts;
(e) efforts to improve ocean quality; and
(f) any other marine ecosystem based activities.

PES Training

Training requirements for participants in PES schemes

300.(1)

A participant in the PES scheme shall be trained in order to effectively

perform activities related to ecosystem services, and to ensure they carry out such services in a manner that do not lead to unintended consequences for the environment.
(2) Training requirements for participants in PES schemes may be outlined in
a code to be known as the “Code of Practice for Persons Participating in Marine PES Schemes”.
(3) The code shall
(a) establish minimum training and certification standards to be met by persons performing functions related to enhancing the production of ecosystem services, terrestrial and marine;
(b) have mandatory training requirements for the award of certification for each type of ecosystem service;
(c) have recommended guidance to assist training providers and training recipients;
(d) promote the use of traditional knowledge, skills and practices, including traditional knowledge in the ecological, scientific, agricultural and biodiversity related context; and

(e) be reviewed and updated as necessary, in consultation with the relevant entities.
(4) Training and certification standards adopted under the code shall
(a) not present a barrier to persons desirous of becoming certified ecosystems services technicians;
(b) be designed with the goals of
(i) empowering people and communities through nature based employment initiatives;
(ii) poverty alleviation;
(iii) environmental effectiveness; and
(iv) social and environmental sustainability; and
(c) be designed with sufficient flexibility to enable easy and progressive transition to higher level training and certification.

Benefit Sharing under PES

Benefit sharing under PES

301.(1)

Benefit sharing from ecosystem services shall be promoted to enhance

the management of natural ecosystems from land to sea, through arrangements that generate direct social and economic benefits for local communities, especially rural, coastal and fishing communities and share a responsibility for their management, protection and maintenance.
(2) Benefit sharing under PES arrangements shall
(a) be tailored to the particular type of PES scheme; and
(b) ensure fair and equitable benefits, whether monetary or non-monetary, to people and communities performing the required activities to sustain ecosystem services targeted within the PES arrangement.

(3) Benefit sharing arrangements under PES shall be in writing and signed by
all parties to the arrangement.

Sustainable Economic Initiatives in the Fishing Industry

Fishing industry sustainable economic development

302.(1)

An individual or group from, or representing the fishing industry may

formulate and submit a written proposal to the Chief Fisheries Officer for consideration and adoption of one or more sustainable economic development strategies or initiatives.
(2) The proposed strategy or initiative
(a) shall be
(i) economically viable;
(ii) environmentally sustainable; and
(iii) beneficial to the collective fishing industry; and
(b) shall not be detrimental to maritime safety and security.
(3) Where the Chief Fisheries Officer determines that the strategy or initiative
meets the requirements of subsection (2), the Chief Fisheries Officer after consultation with the Minister, shall coordinate with the individual or group and any other person or entity, as the Chief Fisheries Officer deems fit, to implement the strategy or initiative.
(4) Where the proposed strategy or initiative may require imposition of
regulatory measures to ensure proper management, the Chief Fisheries Officer shall ensure the adoption of such regulatory measures, as may be appropriate.
(5) Where the Chief Fisheries Officer, after consultation with stakeholders,
considers that the proposed strategy or initiative has a significant positive impact and is beneficial, the Minister may, upon recommendation of the Chief Fisheries Officer, give incentives to the individual or group for their conceptualization or

innovation in relation to the strategy or initiative considered by the Chief Fisheries Officer.

PART XXXI

SEA MOSS CULTIVATION

Sea Moss Cultivation Programme and Participants

Barbados Sea Moss Cultivation Programme

303. There is established a programme to be known as the “Barbados Sea
     Moss Cultivation Programme” to facilitate commercial sea moss production in Barbados.

Sea moss harvesting

304.
(a)
(b)

A person desirous of engaging in sea moss harvesting activities shall be a registered fisher or fishing vessel owner; or
hold a sea moss farmer’s permit.

Sea moss post harvest and production

305. A person desirous of engaging in sea moss post harvest and production
     activities shall hold a commercial mariculture facility licence.

Register of sea moss cultivation programme participants

306.(1)

The Chief Fisheries Officer shall maintain a register to be known as

the “Register of Sea Moss Cultivation Programme Participants”, in which shall be registered persons falling into the categories outlined in sections 304 and 305.
(2) A participant in the programme referred to in subsection (1), may only be
registered after submitting the required documentation and paying the prescribed

fee and upon payment of the fee shall be issued with a sea moss harvesting certificate.
(3) A participant referred to in subsection (2) may renew his registration by
paying to the Chief Fisheries Officer the prescribed fee.
(4) The Chief Fisheries Officer may revoke a sea moss participant certificate
or a sea moss farmer’s permit, as the case may be, where a person
(a) engages in sea moss cultivation activities contrary to this Act or any other enactment, guidelines, codes of practice or fishing industry notices;
(b) refuses to pay the programme registration or permit fees, as the case may be;
(c) commits an act of misconduct or engages in any illegal activities while carrying out sea moss cultivation activities; or
(d) deliberately harms fish or other marine living resources or the marine environment while carrying out sea moss cultivation activities.

Instruments and initiatives for sea moss programme participants

307. The Chief Fisheries Officer, in consultation with relevant
     stakeholders, may develop appropriate instruments and initiatives for the continued management, development and beneficial interest of persons participating in the Barbados Sea Moss Cultivation Programme.

Reporting requirements

308.(1)

A Participant in the sea moss cultivation programme shall record their

activities in a record book in this Act called a “Sea Moss Record Book” kept for the purpose.
(2) The book referred to in subsection (1) shall be in a form specified by the
Chief Fisheries Officer in a fishing industry notice.

(3) Participants in the sea moss cultivation programme shall make their sea
moss record book available to the Chief Fisheries Officer or any person authorized in writing by the Chief Fisheries Officer upon request.
(4) A sea moss record book may be in a written format or an electronic format.

Restrictions on sea moss cultivation activities

309. Subject to any enactment made under this Act and a sea moss
     cultivation agreement to which Barbados is a party, all sea moss cultivation activities shall be restricted to Barbados waters.

Fishing for sea moss under a high seas fishing permit

310.(1)

A person who wishes to fish for sea moss on the high seas shall make

an application to the Chief Fisheries Officer for a high seas fishing permit for that purpose.
(2) The Chief Fisheries Officer may upon payment of the prescribed fee grant
to the applicant referred to in subsection (1), a high seas permit.
(3) The applicant shall comply with the conditions attached to the permit.

Sea Moss Cultivation Regulation

Sea moss cultivation code of practice

311.(1)

The Chief Fisheries Officer, in consultation with stakeholders shall

develop a Barbados sea moss cultivation code of practice to assist in the effective regulation of the sea moss industry.
(2) The code referred to subsection (1) shall include
(a) development objectives specific to the national sea moss industry;
(b) mandatory requirements for sea moss cultivation from harvesting to post harvesting, including
(i) site selection;

(ii) materials sourcing;
(iii) vegetative propagation methods;
(iv) marine plot care and maintenance;
(v) environmentally safe pests and diseases management;
(vi) harvesting;
(vii) processing; and
(viii) human element, maritime safety, security and marine environmental protection considerations; and
(c) guidelines and recommended practices to support the mandatory requirements specified in the code.

PART XXXII

ILLEGAL, UNREPORTED AND UNREGULATED FISHING

IUU fishing

312.(1)
(a)
(b)
(c)

(d)

(e)

A person who
engages in IUU fishing activities within the fishing waters of Barbados; depletes fish stocks within the fishing waters of Barbados;
causes a detriment to the local marine ecosystem and undermining national fisheries conservation and management measure;
deprives legitimate fishers legally operating within the fishing waters of Barbados of their livelihood; or
threatens the national food security

is guilty of an offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

(2) No owner or operator of a Barbados registered fishing vessel shall engage
in activities in the waters of a foreign country in breach of subsection (1).
(3) An owner or operator who contravenes subsection (2) is guilty of an
offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

Vessels to which IUU fishing apply

313.(1)
including
(a)

(b)
(c)

(d)

(e)

(f)

This Part applies to all vessels, whether fishing vessels or not,

vessels not entitled to fly the flag of Barbados that are seeking entry into its ports;
vessels not entitled to fly the flag of Barbados that are in its ports;
vessels not entitled to fly the flag of Barbados that are in its fishing waters;
national and foreign vessels in the fishing waters of Barbados, without the permission of Barbados and in contravention of its laws and regulations;
vessels flying the flags of States that are party to any regional fisheries management organization to which Barbados is a party, but are operating in contravention of the fisheries conservation and management measures adopted by that organization, or provisions of applicable international law; and
vessels violating national laws on international obligations, including those undertaken by cooperating States to a relevant regional fisheries management organization to which Barbados is a party.

(2) Notwithstanding subsection (1), this part does not apply to
(a) vessels of neighbouring States of Barbados that are engaged in artisanal fishing for subsistence, where Barbados and the neighbouring State or States concerned have an agreement and measures are in place between

Barbados and the neighbouring State or States concerned to ensure that such vessels do not engage in IUU fishing or fishing related activities; and
(b) container vessels entering the ports of Barbados, or, are in the ports of Barbados, that are not carrying fish, or, if carrying fish, only fish that have been previously landed, provided that there are no clear grounds for suspecting that such vessels have engaged in fishing related activities in support of IUU fishing.

Unreported fishing

314.
(a)

(b)

A person who
fails to report or gives a false or misleading report of fishing activities conducted in the waters of Barbados; or
undertakes fishing activities in contravention of reporting procedures required under this Act or any other enactment or in contravention of reporting procedures stipulated by any regional fisheries management organization to which Barbados is party,

is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

Unregulated fishing activities

315.
(a)

(b)

(c)

A person who engages in unregulated fishing activities
in the area of application of a relevant RFMO to which Barbados is party;
by vessels without nationality, or by those flying the flag of a State not party to the Regional Fisheries Management Organization to which Barbados is party;
by a fishing entity,

in a manner that is contrary to the conservation management measures of the regional fisheries management organization to which Barbados is party is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

Information to be provided in advance by vessels requesting port entry

316.(1)

All vessels requiring port access to Barbados shall provide the

following information:

(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)

reasonable advance notice of their intended port entry; estimated date and time of arrival;
purpose of entry;
port and date of last port call; name of vessel;
flag State; type of vessel;
international radio call sign; vessel contact information; vessel owner or owners;
a copy of any required fishing authorization; details of fishing trip;
quantities of fish onboard; certificate of registry identification; IMO ship identification, if available; external identification, if available; RFMO identification, if applicable;

(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)

VMS data;
vessel dimensions;
vessel master name and nationality; relevant fishing organizations;
relevant transshipment authorizations, if any; transshipment information concerning donor vessels;
total fish catch onboard, including origin, species, form and quantity; fishing gear type and quantity; and
any other information required by national authorities, regional fisheries management organization or organizations to which Barbados is party, or required under any other international agreements to which Barbados is party,

in order to determine whether the vessel may have engaged in, or supported, IUU fishing activities.
(2) Where there is cogent evidence that a vessel having been granted access
to Barbados’ ports have engaged in IUU fishing activity, that vessel shall not be allowed to land or transship fish in Barbados and the matter shall be immediately reported to the vessel’s flag State.

Inspection procedures in relation to IUU fishing

317.(1)

A fishery protection officer, when conducting inspections in respect

of IUU fishing, shall
(a) verify that the vessel identification, documentation onboard and information relating to the vessel owner is true, complete and correct, including through appropriate contacts with the flag State or international records of the vessel, if necessary;
(b) verify that the vessel’s flag and markings, such as the vessel’s name, external registration number, International Maritime Organization ship

identification number, international radio call sign and other markings and main dimensions are consistent with information contained in the documentation;
(c) verify that the authorizations for fishing and fishing-related activities are true, complete, correct and consistent with the information provided in accordance with section 316;
(d) review all other relevant documentation and records held onboard, including, to the extent possible, those in electronic format and VMS data from the flag State or relevant regional fisheries management organizations, such relevant documentation including logbooks, catch, transshipment and trade documents, crew lists, stowage plans and drawings, descriptions of fish holds, and documents required pursuant to the Convention on International Trade in Endangered Species of Wild Fauna and Flora CITES Convention;
(e) examine all relevant fishing gear onboard, including gear stowed out of sight as well as related devices, verify that they are in conformity with the conditions of the authorizations and ensure that features such as the mesh and twine size, devices and attachments, dimensions and configuration of nets, pots, dredges, hook sizes and numbers are in conformity with applicable fisheries laws and regulations and that the markings correspond to those authorized for the vessel;
(f) determine whether the fish onboard was harvested in accordance with the applicable authorizations;
(g) examine the fish, including by sampling, to determine its quantity and composition and inspections of product type and determination of nominal weight;
(h) evaluate whether there is clear evidence for believing that a vessel has engaged in IUU fishing or fishing related activities in support of such fishing;

(i)

(j)

provide the master of the vessel with the report containing the result of the inspection, including possible measures that could be taken, to be signed by the inspector and the master; and
arrange, where necessary and possible, for translation of relevant documentation.

(2) Notwithstanding the provision of subsection (1)(e), the master’s signature
on the report shall serve only as acknowledgement of the receipt of a copy of the report.
(3) Where the master of a vessel has difficulties understanding the report to
which subsection (1)(e) applies, the master shall be given the opportunity to make comments or objections to the report and to contact the relevant authorities of the flag State of the vessel for assistance.

Reporting requirements for inspection results

318. A fishery protection officer shall, in reporting the results of the
     inspection, set out the following in the inspection report:

(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)

inspection report number; inspecting authority;
name of principal fishery inspector; port or place of inspection;
commencement and completion of inspection; advanced notification received;
the purpose of the inspection;
port, State and date of last port call; vessel name, flag State and type of vessel; international radio call sign;
Certificate of registry identification;

(l)
(m)
(n)

(o)
(p)
(q)
(r)
(s)
(t)

(u)
(v)
(w)

IMO ship identification and external identification, if available; port of registry;
vessel owner and vessel beneficial owner , if known and different from the vessel owner;
vessel operator, if different from vessel owner; vessel master name and nationality;
fishing master name and nationality; vessel agent;
VMS data;
status in Regional Fisheries Management Organization areas where fishing or fishing-related activities have been undertaken including any IUU fishing vessel listing;
relevant fishing authorization; relevant transshipment authorization; information on

(i) quantity of offloaded catch;
(ii) quantity of catch retained onboard;
(iii) log-books and other documentation examined;
(iv) compliance with applicable catch documentation scheme;
(v) compliance with applicable trade information scheme;
(vi) type of gear used;
(vii) gear examined in accordance withsection 317(e);
(viii) findings by the fishery protection officer or officers conducting the inspection;

(ix) apparent infringement or infringements noted, including reference to relevant legal instrument or instruments.
(x) comments by the master and master’s signature;
(xi) action taken by the fishery protection officer or officers concerned; and
(xii) fishery protection officer’s signature.

Training of fishery protection officers engaged in IUU fishing inspections

319.(1)

There shall be developed for fishery protection officers a training

programme to ensure that such fishery protection officers conduct IUU fishing inspections in accordance with international best practice and standards and in accordance with national laws.
(2) The training referred to in subsection (1) shall comprise
(a) ethics;
(b) health, safety and security issues;
(c) applicable national, regional and international laws and regulations, areas of competence and conservation and management measures of the relevant regional fisheries management organizations;
(d) general inspection procedures, including reporting, writing and interview techniques;
(e) information analysis, including information from log-books, electronic documentation and vessel history including name, ownership and flag Sate, required for validation of information provided by the master of the vessel;
(f) vessel boarding and inspection, including holding inspections and calculation of vessel hold volumes;

(g)

(h)

(i)

(j)

verification and validation of information relating to landings, transshipments, processing and fish remaining onboard, including utilization of conversion factors for the various fish species and products;
identification of fish species, and the measurement of length and other biological parameters;
identification of vessels and gear, and techniques for the inspection and measurement of gear;
equipment and operation of VMS and other electronic tracking systems; and post-inspection actions.

IUU fishing beyond national jurisdiction

320.(1)

Where in the course of an inspection, it is discovered that there are

reasonable grounds to believe that a vessel has engaged in or supported IUU fishing activities beyond the maritime jurisdiction of Barbados, national authorities shall immediately report the matter to the flag State of the vessel, and where appropriate, the relevant coastal States and regional fisheries management organization.
(2) Barbados may take any other action with the consent of or upon the request
of the flag State.

Duty of confidentiality in relation to IUU fishing

321. For the purposes of sections 316 and 317, national authorities of
     Barbados shall ensure the confidentiality of information collected, in accordance with this Act or any other enactment.

Penalties for illegal, unreported and unregulated fishing and related activities

322. Any person who engages in or attempts to engage in IUU fishing or
     related activities is guilty of an offence and liable on summary conviction to a fine $50 000 or to imprisonment for 6 months or to both.

PART XXXIII TRANSSHIPMENT OF FISH
Interpretation

323. In this Part,
     “donor vessel” means any vessel engaged in a transshipment operation that transfers any quantity of fish onboard to another vessel;
     “fish” means all species of living marine resources that have not been previously landed, whether processed or not;
     “fishing related activities”
     (a) means any operation in support of, or in preparation for, fishing; and
     (b) includes

“landing”

(i)

(ii)

the landing, packaging, processing, transshipping or transporting of fish that has not been previously landed at a port; and
the provisioning of personnel, fuel, gear and other supplies at sea;

(a) means all transfers of any quantity of fish onboard from a vessel, other than transshipment,

(b) includes
(i) transfers of fish to a port facility;
(ii) transfers of fish from one vessel to another through a port facility or other means of transportation; and
(iii) transfers of fish from a vessel to a container, truck, train, aircraft, or any other means of transportation;
“MCS” means monitoring, control and surveillance;
“receiving vessel” means any vessel engaged in a transshipment operation that receives any quantity of fish from another vessel;
“transshipment” means the direct transfer of any quantity of fish onboard from one vessel to another vessel regardless of the location of the event, without the fish being recorded as landed.

Guidelines to prevent IUU fishing from fish transshipment activities

324.(1)

The Minister shall, after consultation with the Chief Fisheries Officer,

provide guidelines to prevent IUU fishing from fish transshipment activities
(a) to ensure conformity with the relevant rules of international law;
(b) to ensure that all movement of fish as transshipped and other related activities are properly documented;
(c) to ensure that donor and receiving vessels are appropriately authorized to engage in transshipment operations;
(d) to include transparent reporting procedures to facilitate pre-event and post-event verification of authorization and transshipment data;
(e) to ensure a risk based approach so that measures are prioritized and proportional with identified risks, and are designed to reduce and mitigate those risks effectively;
(f) to require electronic reporting and encourage electronic monitoring, where feasible; and

(g) to ensure that transshipment events are adequately regulated, authorized, monitored and complemented by port State and coastal State measures or flagged State actions to landing of transshipped fish, and support traceability, where possible.
(2) Subsection (1) does not apply to aquaculture products.

Authorization of transshipment of fish

325.(1)

A person who wishes to transship fish which have not been previously

landed, whether processed or not shall obtain a fish transshipment licence.
(2) A fish transshipment licence may be granted in the following categories:
(a) donor fish transshipment licence, for donor vessels; or
(b) receiving fish transshipment licence, for receiving vessels.
(3) A person who wishes to obtain a fish transhipment licence may apply to
the Chief Fisheries Officer in such form as he approves.
(4) No Barbados registered fishing vessel may act as both donor and receiving
vessel for any given period beginning with a port exit and ending with the next port entry.
(5) Where the owner of a Barbados registered fishing vessel wishes to switch
to donor vessel, if presently acting as receiving vessel, or switch to receiving vessel, if presently acting as donor vessel, that owner shall apply to the Chief Fisheries Officer to have his donor fish transshipment licence or receiving fish transshipment licence, as the case may be, revoked, and after such revocation apply for the licence desired.
(6) Nothing in this Part prevents a donor and receiving vessel from
transshipping in cases of force majeure or distress.
(7) The donor and receiving vessel shall report the transshipment activities
using the declaration containing information on vessels, catches and activities including relevant elements specified in the fishing industry notice.

(8) A Barbados registered vessel shall only engage in transshipment if it has
an approved functioning vessel monitoring system onboard.
(9) The Chief Fisheries Officer shall ensure that donor and receiving vessels
are included in all vessel authorization records of relevant RFMO and where applicable, the Global Record of Fishing Vessels, Refrigerated Transport Vessels and Supply Vessels.
(10) Only donor and receiving vessels entitled to fly the flag of a contracting
party or a cooperating non-contracting party of a specific RFMO may be authorized to conduct transshipment activities with Barbados registered vessels subject to the regulatory competence of that RFMO.
(11) The authorization records of donor and receiving vessels shall comply with
the rules established by that RFMO.
(12) No transshipment of fish shall be carried out by a Barbados registered
vessel in areas beyond the national jurisdiction of Barbados, except the vessel owner or operator holds
(a) a donor fish transshipment licence or receiving fish transshipment licence, as the case may be;
(b) an Area Beyond National Jurisdiction Fish Transshipment Permit; and
(c) written authorization from the relevant coastal State or port State, if the transshipment is to take place in waters or in a port of a State other than Barbados.
(13) The Chief Fisheries Officer shall ensure that transshipment activities
subject to the regulatory competence of an RFMO are only authorized where both the donor and receiving vessels have been included in the relevant authorized vessel lists by their respective flag States.
(14) Transshipment is prohibited if any of the vessels involved is included in
IUU fishing vessel lists established by relevant RFMO.

(15) The Chief Fisheries Officer shall ensure that all donor and receiving vessels
eligible to receive an IMO number shall be required to have such number in order to be authorized by the flag State regardless of the location of the event.
(16) The IMO number referred to in subsection (15) shall be made readily
available to all relevant States and relevant international organizations.
(17) The Chief Fisheries Officer shall, in consultation with stakeholders, adopt
measures to control transshipment of fish.
(18) Measures controlling transshipment of fish shall be implemented to include
specific criteria for the receipt of authorizations by vessels to transship, including
(a) the conditions under which a flag State authorizes Barbados registered vessels to transship;
(b) the conditions under which a coastal State or port State authorizes vessels to transship in areas under its national jurisdiction;
(c) the MCS measures that must be in place for fish transshipment to occur;
(d) data collection and reporting requirements; and
(e) ensuring that transshipment is conducted consistent with the management regime of the relevant RFMO and the flag State, relevant coastal State and port State.
(19) The Chief Fisheries Officer may only authorize Barbados registered
vessels to be involved in transshipment of fish when its competent MCS authorities have the capacity to monitor and control the transshipment, including by applying risk assessments separately for fish transshipments in port and at sea.
(20) Where fish is to be landed or transshipped in a port, Barbados registered
vessels shall use designated ports of States that are acting in accordance with or in a manner consistent with the Agreement on Port State Measures to Prevent, Deter or Eliminate Illegal Unreported and Unregulated Fishing.

Standard notification and reporting

326.(1)

An owner or operator of a Barbados registered vessel shall report to

the Chief Fisheries Officer, in an agreed format, information relating to fish transshipment events involving Barbados registered vessels such as notifications and authorizations, transshipment and landing declarations and observer reports.
(2) An owner or operator of a Barbados registered vessel shall streamline
notification and reporting requirements in a manner that does not undermine the effectiveness of measures indicated in this Part.

Pre-event notification and verification

327.(1)

The Chief Fisheries Officer shall ensure that all Barbados registered

vessels intending to carry out fish transshipments, as either a donor or receiving vessel, provide
(a) advance notifications of the intent to proceed with a specific transshipment event to the Chief Fisheries Officer; and
(b) the relevant RFMO as soon as possible, and on a timeline that will support effective MCS.
(2) The donor vessel shall report quantities of fish onboard prior to the
transshipment event, as well as quantities to be transshipped, including regulated and unregulated species, and any by catch.
(3) The receiving vessel shall report the quantities of fish onboard prior to the
transshipment event, including regulated and unregulated species, and any by catch and the quantities of transshipped fish shall be reported by species and product form and catch area.
(4) The advance notification from donor and receiving vessels shall also
include the date, time and location of the planned transshipment event.
(5) Upon receipt of an advance notification of fish transshipment from a donor
vessel and prior to acknowledging and confirming that the operation could

proceed, the Chief Fisheries Officer shall verify the vessel’s compliance with relevant conservation and management measures and MCS measures, including near real-time VMS reporting, and other applicable electronic monitoring and observer coverage requirements.
(6) The Chief Fisheries Officer shall ensure that Barbados registered donor
vessels provide regular reporting about fishing since its last port exit, including catch and effort data for the specific transshipment event to proceed.
(7) All donor and receiving vessels intending to conduct fish transshipment
subject to the regulatory competence of an RFMO shall notify that particular RFMO when they enter and exit the RFMO area of competence based on the respective RFMO measures.
(8) Nothing in this section supersedes Port State responsibility in instances
where fish transshipment is carried out in port.

Post-event reporting

328.(1)
(a)
(b)

All donor and receiving vessels involved in transshipment of fish shall log the event with the Chief Fisheries Officer; and
provide a transshipment declaration, containing information on vessels, catches and activities in the forms as set out in the Fourth Schedule,

which shall be submitted to all relevant competent authorities and the relevant RFMO, as soon as possible and on a timeline that will support effective MCS, and before any landing or subsequent transshipment is authorized.
(2) Barbados registered vessels shall maintain onboard records that include
each transshipment declaration and a copy of the declaration shall accompany the transshipped fish on the receiving vessel.
(3) Where transshipment of fish is independently monitored by an observer,
the observer shall provide a report for all transshipment events, regardless of

location of the event to the port or to the Barbados Coast Guard and the relevant RFMO as soon as possible and on a timeline that will support effective MCS.
(4) Observer reports in respect of Barbados registered vessels shall be
examined by the Chief Fisheries Officer.
(5) Where the observer reports discrepancies on the data reported by the
masters of the donor and receiving vessels or possible non-compliance with applicable rules, the Chief Fisheries officer shall take the appropriate control measures.
(6) The owner or operator of the donor vessel and the receiving vessel shall,
as part of the transshipment declaration, report the
(a) quantities of fish transshipped as well as the quantities of fish onboard following the transshipment using information on vessels;
(b) catches and activities, including relevant elements specified in the fishing industry notice;
(c) quantities of fish reported by species, product form and catch area; and
(d) the date, time and location of the transshipment.
(7) Information on landings and transshipments of fish harvested subject to
the regulatory competence of a relevant RFMO shall be reported to that specific RFMO in accordance with its rules.
(8) The pre-notification and post event reporting procedures for transshipment
shall be in an electronic form where practicable.
(9) The notifications, declarations, reports and registers shall be available to
support the monitoring, regulation and reporting, which shall be made available in case of inspection or by requirement of the port of landing.

Follow up procedures

329.(1)

The Chief Fisheries Officer shall, in consultation with the

stakeholders, establish procedures to cross reference all reported transshipment

data from Barbados registered vessels, flag States, coastal States, port States, RFMO, inspectors and observers.
(2) This procedures to cross reference referred to in subsection (1), may be
completed in accordance with the laws of a flag State, a coastal State or a port State for transshipments that occur in areas under its national jurisdiction and relevant RFMO, as appropriate, giving due consideration to confidentiality.
(3) Landings, in relation to transshipment, should be accompanied by
declarations containing information on vessels, catches and activities, including relevant elements specified in the fishing industry notice and such declarations shall be required for the exemption referred to in Article 3 (1)(b) of the Port State Measures to Prevent, Deter or Eliminate Illegal Unreported and Unregulated Fishing.
(4) The Chief Fisheries Officer shall, in consultation with stakeholders,
develop specific reporting procedures to collect and cross reference data and information on the quantity of fish landed, by species, product form, area or country of origin.
(5) The Chief Fisheries Officer shall, in consultation with relevant
stakeholders
(a) establish procedures to follow up on enforcement against infractions by Barbados registered vessels involved in fish transshipment, including prosecution and the levying of effective and deterrent penalties or other sanctions;
(b) where appropriate place vessels on lists of vessels involved in IUU fishing; and
(c) report the follow up on the relevant competent authorities and relevant RFMO.
(6) A compliance review process of RFMO shall assess all obligations related
to fish transshipments, including vessel authorizations, transshipment notifications, reporting and cross referencing of transshipment data.

Monitoring

330.(1)

The Chief Fisheries Officer shall require Barbados registered vessels

that receive fish from more than one donor vessel to store the fish and related documentation from each donor vessel separately and such documentation should be provided to the relevant port and coastal State authorities when required.
(2) The fish shall be stowed in such a manner as to enable the relevant port
and coastal state authorities to distinguish from which donor vessel each part of the fish onboard comes.
(3) The Chief Fisheries Officer shall require that the receiving vessel maintain
an up-to-date stowage plan and other documents showing the location and the quantities of species received from each donor vessel.
(4) All documentation relating to receipt of fish from more than one donor
vessel shall be made available to the relevant competent authorities and retained on board until the vessel has been unloaded completely.
(5) All donor and receiving vessels authorized to conduct transshipment of
fish shall maintain an approved VMS onboard which shall be fully functional at all times and transmitting VMS information from port exit to port entry.
(6) The Chief Fisheries Officer shall, in consultation with stakeholders,
establish a system to monitor the data transmitted to allow effective MCS.
(7) The Chief Fisheries Officer shall, in consultation with stakeholders,
develop procedures to allow VMS data to be reported to relevant competent authorities and if applicable to RFMO, as near to real time as possible, in particular when the vessel is engaged in activities subject to the regulatory competence of such RFMO.
(8) Notwithstanding the requirements in subsection (2), vessel reporting
requirements and procedures in case of VMS malfunction or failure shall be established and where the VMS malfunctions or fails, no further transshipment of fish may be initiated until reporting requirements and procedures described in this section are established and complied with.

(9) Subject to subsection (10), mechanisms for independent verification of
transshipment such as human observers or electronic monitoring or equivalent sensor technologies, or a combination of these, shall be implemented for vessels engaged in transshipment activities, with a one hundred percent coverage rate required for receiving vessels.
(10) An alternate approach may be adopted only where the relevant State or
RFMO has adopted a comprehensive set of risk based integrated monitoring measures at sea and in port, consistent with the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing sufficient to achieve a comparable degree of control.
(11) Information and data that are independently collected by observers on
transshipment events may be authorized for use for both scientific and compliance purposes.
(12) The Chief Fisheries Officer shall ensure that Barbados registered vessels
engaged in transshipment of fish as a donor vessel confirm within a reasonable period of time, if requested by the port State or coastal State or RFMO, that the donated fish was taken in accordance with the applicable rules and regulations of a relevant coastal State or a relevant RFMO.
(13) Port State measures should be in place and implemented consistent with
the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing for ports where receiving vessels land their transshipped fish, including donor vessels arriving from fishing grounds for direct landing or transshipment, including by collected data being cross referenced against available catch and transshipment information and by inspections and follow up actions being carried out pursuant to Part 4 of the Agreement on Port State Measures to Prevent, Deter or Eliminate Illegal Unreported and Unregulated Fishing.
(14) The Chief Fisheries Officer shall ensure that Barbados registered vessels

that are
(a)

conducting transshipment; and

(b) ineligible for IMO numbers under the IMO Ship Identification Number Scheme 1,
shall be regulated, monitored and controlled in a manner that is consistent with the relevant provisions of this Part.

Data exchange and information sharing

331.(1)

Procedures for sharing transshipment data in respect of Barbados

registered vessels such as authorized vessel lists, transshipment notifications, authorizations and declarations, reported fish, landing declarations, observer reports, inspection reports, infractions and sanctions shall be established among all relevant States and RFMO.
(2) Transshipment data may be shared or exchanged electronically, where
possible and in a sufficiently timely manner to support effective MCS of transshipment subject to applicable data confidentiality provisions adopted by the relevant States and RFMO.
(3) Formal procedures for sharing transshipment data between RFMO shall
be established, especially between RFMO with overlapping areas of competence, and where the same receiving vessels are authorized to be involved in transshipment in more than one RFMO area of competence.
(4) Information related to transshipment subject to the regulatory competence
of an RFMO such as number of events, locations, quantities of fish by species, product form and catch area transshipped and landed, shall be made publicly available on an annual basis with due regard for appropriate confidentiality requirements.
(5) The Chief Fisheries Officer and the relevant RFMO shall make publicly
available updated lists with detailed information of all donor and receiving vessels authorized to transship, through vessel authorization records of RFMO, the FAO Global Record of Fishing Vessels, Refrigerated Transport Vessels and Supply Vessels or other appropriate means.

Recognition of the special requirements of developing States

332. The Chief Fisheries Officer shall ensure that the provisions in the FAO
     Guidelines on Transshipment of Fish concerning recognition of the special requirements of developing States are taken into account in the application of this Part.

PART XXXIV

MARINE LIVING RESOURCES AND FISHERIES RELATED CRIME

Marine living resources crime

333.(1)
(a)

(b)

(c)
(d)

(e)

For the purposes of this Act, marine living resources crime is any
conduct that is likely to cause harm to, or causes harm to, the marine living environment;
act that contravenes national, regional and international marine living resource management and conservation laws and regulations;
illegal catching of fish or other marine living resources;
destruction of habitats or ecosystems of fish and other marine living resources;
harm to fish and other marine living resources, whether by

(i) the over-exploitation of target stocks;
(ii) the by catch of non-targeted species or marine wildlife species;
(iii) an act that causes loss of biological resources;
(iv) degradation of management systems for the marine environment;
(v) ecosystem disruption; and
(vi) environmental pollution; and

(f) illegal bio-prospecting for marine genetic resources and other marine living resources,
within Barbados waters by a vessel, wherever it is registered and by Barbados registered vessels wherever they may be.
(2) Where a marine living resources crime is committed in
(a) Barbados,
(i) but a significant part of its preparation, planning direction or control takes place in a foreign State;
(ii) involves an organized criminal group that engages in marine living resources criminal activity in more than one State; or
(iii) has substantial effects in a foreign State; or
(b) a foreign State,
(i) but a significant part of its preparation, planning, direction or control takes place in Barbados; or
(ii) has substantial effects in Barbados,
and is committed by a Barbados registered vessel or a foreign registered vessel in Barbados waters, the owner or operator is guilty of an offence and is liable on conviction on indictment to a fine of $200 000 or to imprisonment for 3 years or to both.

PART XXXV

SEAFOOD TRACEABILITY AND FRAUD PREVENTION IN FISHERIES

Development of fish catch documentation scheme

334. The Chief Fisheries Officers shall, in consultation with stakeholders,
     develop a fish catch documentation scheme to track and trace fish and other

seafood from the point of capture through unloading and throughout the supply chain, for the purposes of
(a) combating fraud in fisheries and the seafood sector;
(b) ensuring high standards of sustainable fisheries management;
(c) ensuring that fish and other seafood are sustainably harvested;
(d) enforcing safety regulations pertaining to safety and suitability of fish and fishery products;
(e) ensuring the quality of fish and fishery products; and
(f) minimizing health risks to consumers.

Record keeping traceability

335.(1)
of

A participant in the national fisheries supply chain shall keep records

(a) the source of fish and other seafood products;
(b) the form of fish and other seafood products;
(c) the volume of fish and other seafood products; and
(d) certificate numbers of fish and other seafood products received under a fish catch documentation scheme.
(2) All traceability records shall be electronically submitted to the Chief
Fisheries Officer annually for inspection of records and regular central filing.

Continuous data acquisition traceability

336. The Chief Fisheries Officer shall, in consultation with stakeholders,
     develop a national online database for tracing of fish and other seafood products, for the
     (a) identification and logging of fish catch documentation scheme, covered fish and seafood products on entry to the national supply chain;

(b) identification and logging of all national supply chain transactions; and
(c) identification and logging of all transactions relating to fish and seafood products exiting the national supply chain.

Online platform design

337. The Chief Fisheries Officer shall, in consultation with stakeholders,
     design and implement a national online platform for tracing of fish and seafood products
     (a) to accommodate all supply chain shifts and scenarios as they occur in reality, to facilitate the logging of all movements and transaction types;
     (b) built upon current and internationally accepted technologies; and
     (c) to continually monitor and develop for effective and efficient functioning.

Requirements for handlers of fish and seafood products

338. Any person processing or storing fish or fishery products shall record
     any movement of such fish and seafood products.

Inter-regional cooperation mechanisms

339. The Minister may, in consultation with other national governmental
     authorities, regional governmental authorities, RFMO and stakeholders, create a regional register and establish harmonized minimum terms and conditions for foreign fishing vessel access, so as to strengthen compliance and enforcement in the traceability of fish and fishery products.

Inter-regional cooperation: requirements in the harmonized minimum terms and conditions

340. Fishing access agreements at the Caribbean regional level may include
     the following:

(a)

(b)

(c)

(d)

(e)

(f)

(g)
(h)

(i)
(j)

(k)

foreign vessels shall not be permitted to fish in any Caribbean Member States’ EEZ unless a standard licence is issued;
purse seine transshipments at sea shall be prohibited, except in designated ports;
longline vessel transshipments can occur at sea, subject to application to, and approval by, the licensing State;
vessel operators shall maintain and submit catch logs for operations in a Caribbean Member States’ EEZ and adjacent high seas areas, which shall be released to the licensing States within 50 days of any fishing trip;
vessel operators shall provide regular catch records for the licensing State while operating in any Caribbean Member States’ EEZ;
vessel operators shall carry observers to verify reports, and they shall have access to appropriate parts of the vessel and shall record their observations;
vessel operators shall maintain a local agent;
fishing gear shall be stowed while transiting a Caribbean Member States’ EEZ;
vessel operators shall comply with orders of licensing States;
operators shall mark their vessels in accordance with FAO Standard Specification for the marking and identification of fishing vessels; and
vessel operators shall register automatic location communicators on the VMS Register of Foreign Fishing Vessels.

Eco-labelling schemes for fish and other seafood products

341. The Chief Fisheries Officer shall, in consultation with stakeholders,
     design and develop eco-labelling schemes for fish and other seafood products from capture fisheries, in accordance with FAO standards and other international best practices.

Document fraud in fisheries

342.(1)

A person who falsifies any book, document or system relating to the

keeping of fish and fishery products is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.
(2) A person who
(a) manufactures;
(b) counterfeits;
(c) alters;
(d) sells; or
(e) uses false identity documents and other fraudulent documents to contravene this Act or any other enactment made under this Act,
is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

Offence of fish and seafood fraud

343.(1)

A person who places fish or other seafood on the market, whether for

local, regional or international sale and distribution, with intent
(a) to deceive the consumer by
(i) substituting one fish species for another without changing the label;

(ii) adding too much ice to fish or other seafood in order to increase weight;
(iii) indicating less fish or seafood in the package than what is specified on the label;
(iv) shipping fish or other seafood products through different countries to avoid duties and tariffs; or
(v) any other activity that misleads consumers about fish or seafood products in order to increase profits to the detriment of the consumer; or
(b) to make financial gain from such activity,
is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.
(2) Any person who
(a) intentionally mislabels;
(b) substitutes fish species or varieties of fish with less desirable species or varieties of fish;
(c) fraudulently markets aquaculture produced fish or mariculture produced fish as wild caught;
(d) misbrands, dilutes, counterfeits or adulterates fish or other seafood products;
(e) over-glazes or over-breds fish to deceive consumers regarding the nature of fish and other seafoods;
(f) uses water-binding agents without so declaring, so as to increase the weight of seafood products;
(g) markets higher valued fish species and seafood products as lower valued fish species and seafood products so as to avoid taxation; or

(h) markets fish species illegally harvested in protected areas as species legally harvested, so as to conceal that the species of fish were caught from or harvested in a protected area, contrary to national law,
is guilty of an offence and is liable on conviction on indictment to a fine of $200 000 or to imprisonment for 3 years or to both.

Establishing an agreed list of names of fish and other seafood

344.(1)

The Chief Fisheries Officer shall, in consultation with stakeholders,

put necessary measures in place to prevent food fraud in the fisheries sector, including the establishment of an agreed list of common names that are linked to scientific nomenclature of fish and other seafoods.
(2) The agreed list of names of fish and other seafoods shall be
(a) accessible to consumers; and
(b) publicly available via a fishing industry notice.
(3) The Chief Fisheries Officer shall oversee and ensure the creation and
publication of a national seafood list, which shall contain the following:
(a) a list of common names of fish and other seafoods;
(b) a list of scientific fish names corresponding to their commonly used names; and
(c) market names,
that are mandatory for commercial trade in fisheries.

Harmonized fisheries information system base

345. The Minister may, in consultation with other national and regional
     authorities and relevant stakeholders, put measures in place for the harmonization of commercial species of fish and other seafoods list under an internationally recognized fisheries information system base.

Mandatory labelling requirements for fish and seafood products

346.(1)

All fish and seafood products originating in, entering, or exiting

Barbados shall be appropriately labelled to ensure that consumers are not misled, particularly with respect to characteristics of such fish and seafood products.
(2) Labels on fish and seafood products originating in, entering or exiting
Barbados shall contain the
(a) species commercial and scientific name;
(b) production method, whether caught in the sea or freshwater, aquaculture produced or mariculture produced;
(c) area where fish or other seafood product was caught, aquaculture produced or mariculture produced;
(d) information as to whether fish or seafood product was defrosted, where appropriate;
(e) date of minimum durability of fish and seafood product, where appropriate.

Strengthening official food control systems

347.(1)

The Minister shall, in consultation with the Chief Fisheries Officer

and other stakeholders,
(a) develop a monitoring and surveillance programme to assess the degree of compliance with national fish labelling laws and regulations; and
(b) develop and implement laboratory detection methods based on DNA barcoding.
(3) Fish and seafood products traceability systems shall be continually
authenticated and validated based on a documentary paper trail.

Food fraud in fisheries vulnerability assessment

348. The Minister shall, in consultation with the Chief Fisheries Officer
     and other stakeholders, develop a structured system for food fraud in fisheries vulnerability assessment for integration into routine food quality and safety management programmes of fish and seafood products for human consumption.

PART XXXVI

FISHERY PROTECTION OFFICERS

Fishery protection officers

349. There shall be fishery protection officers who shall be public officers.

Identification of fishery protection officers

350.(1)
(a)
(b)
(c)

A fishery protection officer shall
wear a uniform bearing a logo and a badge; carry an identification card; and
ensure that the land vehicles and sea transportation are appropriately marked.

(2) Where a fishery protection officer is working incognito he may wear
civilian clothing but shall carry his identification card.

Duties of fishery protection officers

351.(1)
(a)
(b)
(c)

The duties of a fishery protection officer shall be to operate various forms of sea transportation;
patrol near shore and offshore maritime areas, as may be necessary; stop and search fishing vessels in accordance with this Act;

(d)
(e)
(f)
(g)
(h)

(i)

(j)

(k)

(l)

(m)

(n)

inspect fish markets, aquaculture establishments and port premises; handle fish;
sample biological specimens; analyze data and produce reports;
manage special stock recovery measures for ‘at risk’ or endangered fish stock and marine living resources;
protect the rights of fishers, whether local or foreign, legally operating in the fishing waters of Barbados;
ensure that all fishers, whether local or foreign are complying with their environmental obligations as prescribed under Part VII of this Act;
advise members of the public, fishing crews and offshore fish farmers and other persons in the fisheries sector;
control, monitor and surveille all activities under this Act requiring licences and permits;
ensure that fisheries and fisheries related activities authorized under this Act are conducted in a manner that does not compromise the quality of the marine environment or have deleterious impacts on it; and
ensure that no fisheries or fisheries related activities not authorized under this Act take place.

(2) The Chief Fisheries Officer shall departmentalize fishery protection
officers according to the respective duties of fishery protection officers as specified in subsection (1) to ensure proper and effective execution of the duties.

General powers of fishery protection officers

352.(1)

For the purposes of enforcing the provisions of this Act a fishery

protection officer may exercise the following powers with respect to any Barbados registered fishing vessel, wherever that vessel may be:
(a) stop the vessel;

(b)

(c)

(d)

(e)

(f)
(g)

(h)

(i)

(j)

require the master to stop fishing and take the fishing gear of the vessel back onboard;
require the master to facilitate the boarding of the vessel by all appropriate means;
go onboard the vessel and take with him such other persons as he may require to assist him in the exercise of his powers;
require the master, crew or any of them to produce, and the officer to examine and take copies of any certificate of registry, license, official log book, official paper, article of agreement, record of fish caught and any other document relating to the vessel and the crew or any member thereof or to any person onboard the vessel, which is in their respective possession or control;
muster the crew of the vessel;
require the master to appear before him and give any explanation concerning the vessel and any crew or any person onboard the vessel and any document mentioned in paragraph (e);
execute any search, examination or enquiry which he considers necessary to determine whether any provision of this Act has been contravened;
if he has reasonable grounds for suspecting that any person has committed an offence against this Act, he may without summons, warrant or other process, take the suspected offender, and take or require the master of the vessel together with the crew thereof, to a port or harbour in Barbados for the purpose of executing any search, examination or enquiry and bring him or them before a competent court and detain him or them and the vessel in Barbados until the alleged offence has been adjudicated upon;
take steps, having regard to the safety of the vessel, to immobilize any fishing vessel seized, taken or detained in accordance with this Act, for the purpose of preventing the vessel being taken away by any person

prior to the release of the vessel under sections 375 and 376 or as the case may be, by the court;
(k) in the case of any offence against Parts VI, XI or XII, or offences related to transshipment and export of fish, he may seize any vessel together with its equipment, stores and cargo which he believes has been used in the commission of such offence or in respect of which he believes such offence has been committed or that is the result of an offence;
(l) seize any fishing gear, instruments or appliances which he believes have been used in the commission of such offence;
(m) seize any fish which he believes have been taken or fish products produced in the commission of such offence; and
(n) seize or take copies of any documents which he believes are relevant to any such offence.
(2) In exercising the powers referred to in subsection (1) a fishery protection
officer may use or employ such force as may be reasonably necessary.
(3) The powers conferred on a fishery protection officers by this Act may be
exercised in respect of a fishing vessel irrespective of whether the vessel is at the time of such exercise engaged in fishing or any activities in any way related to fishing.

Powers of entry and search on land of fishery protection officers

353.
(a)

(b)

A fishery protection officer may
enter, at any reasonable time, any premises used for carrying on business in connection with the operation of fishing vessels and activities ancillary thereto or with the sale, storage or treatment of fish;
require any person on the premises to produce any documents relating to the catching, landing, transshipment, export, import, sale or disposal of fish;

(c) if he has reasonable grounds for suspecting that an offence under this Act has been committed and that the cause of the offence may be removed or suppressed,
(i) enter and search without a warrant, and with or without assistance, any premises referred to in paragraph (a), or any vehicle, aircraft, vessel or other means of conveyance and open and search any baggage, pack or other thing;
(ii) seize any document or any gear or thing that he believes to have been used in the commission of such offence; or
(iii) seize any fish that he believes to have been used, handled or processed in the commission of such offence.

PART XXXVII ENFORCEMENT
Power of authorized officer

354.(1)

For the purposes of enforcing this Act, the Chief Fisheries Officer or

any authorized officer may, where reasonable grounds exist, without a warrant,
(a) stop, board and search any foreign fishing vessel in the waters of Barbados or any Barbados registered fishing vessel within or outside the waters of Barbados;
(b) require to be produced, and examine and take copies of any licence or other documents required under this Act; and
(c) require to be produced and examine any fishing net or other fishing gear onboard a fishing vessel, whether at sea or on land.

(2) Where the Chief Fisheries Officer or any authorized officer has reasonable
grounds to believe that an offence has been committed under this Act, he may without a warrant,
(a) enter and search any premises, other than premises used exclusively as a dwelling house, in which he has reasonable grounds to believe that the offence has been committed or where the fish or aquatic flora illegally taken are being stored;
(b) stop and search any vehicle in which he has reasonable grounds to believe that fish or aquatic flora illegally taken are being transported;
(c) take samples of any fish or aquatic flora found in any fishing vessel, vehicle or premises searched;
(d) seize any vessel together with its stores and cargo, vehicle, fishing gear, net or other fishing appliance which he has reasonable grounds to believe has been used in the commission of the offence or in respect of which the offence has been committed;
(e) seize any fish or aquatic flora which he has reasonable grounds to believe has been caught in the commission of the offence or is being possessed, imported or exported in contravention of this Act;
(f) seize any explosive or poison which he has reasonable grounds to believe is being possessed in contravention of this Act; or
(g) arrest or detain any person whom he has reasonable grounds to believe is involved in the commission of an offence against this Act.
(3) Any fishing vessel seized under subsection (2) may be detained and the
crew may be taken to the nearest or most convenient port and the fishing vessel may also be detained, pending the outcome of any legal proceedings under this Act or its release on bond or other form of security.
(4) Where an offence under this Act is committed by any foreign fishing
vessel, and that vessel is pursued beyond the limits of the waters of Barbados, the powers conferred on an authorized officer under this section may be

exercisable beyond the limits of the waters of Barbados in the circumstances and to the extent recognized by international law.
(5) The Chief Fisheries Officer or an authorized officer in exercising any of
the powers conferred on him by this section, shall produce such means of identification as may be necessary to show that he is either the Chief Fisheries Officer or an authorized officer for the purposes of this Act.

Sale of perishable goods seized

355.(1)

The Chief Fisheries Officer or an authorized officer, in order to avoid

spoilage or decay of any fish, aquatic flora or other articles of a perishable nature may seize them and dispose of them in a manner appropriate to the Chief Fisheries Officer or the authorized officer.
(2) Where the items seized are sold, all money resulting from the sale of fish,
aquatic flora, or other articles of a perishable nature shall be paid into the Consolidated Fund.
(3) The Chief Fisheries Officer or an authorized officer who sells fish, aquatic
flora or other articles of a perishable nature must give to the person from whom he seized the fish, aquatic flora or other articles of a perishable nature a receipt bearing the Chief Fisheries Officer’s or authorized officer’s signature and containing the
(a) date of the sale;
(b) quantity of the fish, aquatic flora or other articles of a perishable nature; and
(c) amount realized by the sale.
(4) The Court may order compensation not exceeding the net amount realized
by the sale, to be paid to the person from whom the fish, aquatic flora or other article of a perishable nature were seized, where that person is found not guilty.

Immunity of Chief Fisheries Officer and authorized officers

356. The Chief Fisheries Officer and any authorized officer is immune from
     suit or legal process in respect of anything done or omitted to be done by him in good faith in the execution of his powers and duties under this Act.

Assaulting the Chief Fisheries Officer and authorized officers

357. A person who, obstructs, assaults, threatens with violence, bribes or
     otherwise interferes with the Chief Fisheries Officer or an authorized officer in the exercise of the powers conferred on him under this Act, is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

Offences committed onboard his vessel

358. Where an offence against this Act has been committed by any person
     onboard or employed on a fishing vessel, he is guilty of an offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.

Release of items on bond

359. The Court may, on application and on receipt of a satisfactory bond
     or other form of security from the owner or other person claiming such property, order the release of any fishing vessel together with its stores, cargo, and gear, vehicle, fish or aquatic flora, fishing gear, net or other fishing appliance seized under this Act.

Power of the Court of forfeiture and cancellation or suspension of licences

360. Where a person is convicted of an offence under this Act, the court
     may, in addition to any other penalty imposed
     (a) order that any fishing vessel together with its stores and cargo and any vehicle, fishing gear, net or other fishing appliances, used in the commission of the offence be forfeited;
     (b) order that any fish or aquatic flora caught in the commission of such offence or the proceeds of sale of such fish or aquatic flora and any explosive, poison or other noxious substance possessed for use in the commission of such offence be forfeited; and
     (c) order that any fishing licence issued under this Act be cancelled or suspended and that no new fishing licence be issued to the person convicted of the offence for such period as the court may specify.

Presumptions

361.(1)

All fish or aquatic flora found onboard any fishing vessel which has

been used in the commission of an offence under this Act is presumed to have been caught in the commission of that offence unless the contrary is proved.
(2) Where in any legal proceedings under this Act relating to the seizure of a
foreign fishing vessel by the Chief Fisheries Officer or an authorized officer onboard any government or other enforcement vessel and the location in which an event is alleged to have taken place is in issue, the location stated in a certified copy of the relevant entry in the logbook or other official record maintained by the officer in charge of the government or other enforcement vessel is presumed to be the location in which such event took place, unless the contrary is proved.

Onus of proof

362. Where in any proceedings under this Act, the defendant is charged
     with having committed an offence in respect of which a licence, authority or the permission of any person is required for the doing of any act, the onus shall be on the defendant to prove that at the time to which the charge relates, he held a valid licence, permission or authority.

Disposal of items forfeited

363. Any fishing vessel together with its stores and cargo, and any vehicle,
     fishing gear, net or other fishing appliance, explosive or poison ordered to be forfeited under this Act may be sold or otherwise disposed of in such manner as instructed by the Chief Fisheries Officer.

Offences committed outside national maritime areas

364. An offence committed under this Act or any enactment in maritime
     areas beyond Barbados waters by any person onboard a Barbados registered fishing vessel is triable in any court of competent jurisdiction in Barbados as if such offence had been committed in Barbados waters.

Power to inspect fishing vessels and their equipment, etc.

365.(1)

For the purpose of ensuring that this Act or any other enactment is

complied with, or that the terms of any approval, licence, consent, direction or exemption given by virtue of this Act or any other enactment are duly complied with, the following persons:
(a) a fishery protection officer;
(b) maritime law enforcement officer;
(c) surveyor of ships;
(d) a shipping superintendent;
(e) a designated port State control officer; or

(f) any person appointed by the Minister, either generally or in a particular case, to exercise powers under this section,
may at all reasonable times go onboard a fishing vessel in Barbados or Barbados waters and inspect the vessel and her equipment or any part thereof, any articles onboard and any document carried in the fishing vessel in pursuance of this Act or any other enactment.
(2) The powers conferred by subsection (1) are not exercisable in relation to
a foreign registered fishing vessel while that vessel is exercising the right of innocent passage.
(3) The powers conferred by subsection (1) are, if the fishing vessel is a
Barbados registered fishing vessel, also exercisable outside Barbados waters and may be so exercised by an authorized officer as well as the persons mentioned in that subsection.
(4) A person exercising powers under this section shall not unnecessarily
detain or delay a fishing vessel but may, if he considers it necessary in consequence of an accident or for any other reason, require a fishing vessel to be taken into dock for a survey of its hull or machinery.
(5) Where any person referred to in subsection (1) has reasonable grounds for
believing that there are on any premises, provisions or water intended for supply to a Barbados registered fishing vessel, which if provided on the vessel, would not be in accordance with an enactment containing requirements as to the type of provisions and water that should be provided on fishing vessels, he may enter the premises and inspect the provisions or water for the purpose of ascertaining whether they are in accordance with the enactment.
(6) A person who obstructs
(a) a law enforcement officer, or
(b) an officer authorized to carry out activities under this Act or any other enactment,

in the exercise of their duty, or fails to comply with a requirement made under subsection (4), is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

Powers of inspectors and law enforcement officers in relation to premises and fishing vessels

366.(1)

The powers conferred by this section on inspectors and law

enforcement officers apply to
(a) any premises in Barbados; or
(b) any Barbados fishing vessel wherever she may be and any other fishing vessel which is present in Barbados or in Barbados waters,
and are available to any inspector and national maritime law enforcement officer carrying out inspection activities, in accordance with this Act.

(2)
duties

An inspector or a maritime law enforcement officer carrying out inspection

(a) may, at any reasonable time, or in a situation which in his opinion is or may be dangerous, at any time,
(i) enter any premises; or
(ii) board any fishing vessel;
if he has reason to believe that it is necessary for him to do so;
(b) may, on entering any premises by virtue of paragraph (a) or on boarding a fishing vessel by virtue of that paragraph, be accompanied by any other person authorized for the purpose by the Minister and may carry any equipment or materials he requires;
(c) may make such examination and investigation as he considers necessary;
(d) may direct that the premises or fishing vessel or any part of the premises or fishing vessel or anything on the premises or fishing vessel or such

part shall be left undisturbed, whether generally or in particular, for so long as is reasonably necessary for the purposes of any examination or investigation under paragraph (c);
(e) take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (c);
(f) take samples of any articles or substances found on the premises or fishing vessel and of the atmosphere in or in the vicinity of the premises or fishing vessel;
(g) in the case of any article or substance which he finds in the premises or fishing vessel and which appears to him to have caused or to be likely to cause danger to health or safety, cause it to be dismantled or subjected to any process or test but shall not damage or destroy it unless the circumstances deemed it necessary;
(h) in the case of any such article or substance as is mentioned in paragraph (g), take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely
(i) to examine it and do to it anything which he has power to do under that paragraph;
(ii) to ensure that it is not tampered with before examination of it is completed;
(iii) to ensure that it is available for use as evidence in any proceedings for an offence under this Act or any enactment made under it;
(i) require any person who has reasonable cause to believe is able to give any information relevant to any examination or investigation under paragraph (c)
(i) to attend at a place and time specified by the inspector; and
(ii) to answer, in the absence of persons other than any person whom the inspector may allow to be present and a person nominated to

be present by the person on whom the requirement is imposed, such questions as the inspector thinks fit to ask; and to sign a declaration of the truth of his answers;
(j) require the production of, and inspect and take copies of any entry in
(i) any books or documents which by virtue of any provision of this Act are required to be kept; and
(ii) any other books or documents which he considers necessary for him to see for the purposes of any examination or investigation under paragraph (c);
(k) require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as the inspector considers necessary to enable him to exercise any of the powers conferred on him by this Act or any enactment made hereunder.
(3) Notwithstanding subsection (2), an inspector, a maritime law enforcement
officer or an authorized officer shall not unnecessarily prevent a fishing vessel from proceeding on a voyage.

Improvement notices

367.(1)

If an inspector or any person specified in section 365 is of the opinion

that a person
(a) is contravening one or more of the provisions of this Act; or
(b) has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated;
he may serve on that person an improvement notice.
(2) An improvement notice shall
(a) state that the inspector, or authorized officer specified in section 366, is of the said opinion, specify the provision or provisions as to which

he is of that opinion, and give particulars of the reasons why he is of that opinion; and
(b) require the person on whom the improvement notice is served to remedy the contravention in question or as the case may be, the matters occasioning it within such period as may be specified in the notice.
(3) The period specified in pursuance of subsection (2)(b) shall not expire
before the end of the period within which a notice can be given under section 369, requiring questions relating to the improvement notice to be referred to arbitration.

Prohibition notices

368.(1)

Where any activity is being carried on or is likely to be carried on

onboard any fishing vessel by or under the control of any person and, an inspector or authorized officer mentioned in section 365, is of the opinion that, that activity being carried on or likely to be carried on, will involve the risk of
(a) serious personal injury to any fisher, whether onboard the fishing vessel or not; or
(b) serious breach of
(i) this Act or any other enactment; or
(ii) fisheries agreements to which Barbados is party,
the inspector may serve on the person in control of the vessel a prohibition notice.
(2) A prohibition notice shall
(a) state the opinion of the inspector or authorized officer;
(b) specify the matters which in his opinion give rise to the risk;
(c) if in his opinion any of those matters would involve a contravention of this Act or any other enactment
(i) state the reasons for his opinion; and

(ii) specify the provisions that are likely to be contravened and give particulars of the reasons for his opinion;
(d) direct
(i) that the activities to which the notice relates shall not be carried on by or under the control of the person on whom the notice is served; or
(ii) that the fishing vessel shall not go to sea,
unless the matters specified in the notice in pursuance of paragraph (b), and any associated contravention of any provision so specified in pursuance of paragraph (c), have been remedied.
(3) A direction contained in a prohibition notice in pursuance of subsection
(2)(d) shall take effect
(a) at the end of a period specified in the notice; or
(b) if the direction is given in pursuance of subsection (2)(d)(ii) or the notice so declares, immediately.

References of notices to arbitration

369.(1)
(a)

(b)

Any question
as to whether any of the reasons or matters specified in an improvement notice or a prohibition notice in pursuance of sections 367(2)(a) or 368(2)(b) or in connection with any opinion formed by the inspector constitutes a valid basis for that opinion; or
as to whether any directions included in the prohibition notice in pursuance of section 368(3) were reasonable shall, if the person on whom the prohibition notice was served so wishes, the person may by a notice given to the inspector within 21 days from the service of the prohibition notice, request that the direction be referred to a single arbitrator appointed by agreement between the parties for that question to be decided by the arbitrator.

(2) Where a notice is given by a person in accordance with subsection (1), then
(a) in the case of an improvement notice, the notice shall have the effect of suspending the operation of the improvement notice until the decision of the arbitrator is published to the parties or the reference is abandoned by that person;
(b) in the case of a prohibition notice, the notice shall have the effect of suspending the operation of the prohibition notice if, but only if, on the application of that person the arbitrator so directs and then only from the giving of the direction.
(3) Where any reference under this section involves the consideration by the
arbitrator of the effects of any particular activities or state of affairs on the health or safety of any persons, he shall not on that reference make any decision such as is mentioned in subsection (3)(a) or (b) except after
(a) in the case of an improvement notice, affording an opportunity of making oral representations to him with respect to those effects to a member of any such panel of representatives of maritime trade unions as may be appointed by the Minister for the purposes of this subsection; or
(b) in the case of a prohibition notice, affording an opportunity of making such representations to him by either
(i) a representative of a trade union representing persons whose interests it appears to him that the notice was designed to safeguard; or
(ii) a member of any such panel as is referred to in paragraph (a), as he thinks appropriate; and
(c) considering any representations made to him in pursuance of paragraph
(a) or (b).

(4) A person shall not be qualified for appointment as an arbitrator under this
section, unless he is
(a) a person holding a certificate of competency as a master mariner or as a marine engineer officer class 1, or a person holding a certificate equivalent to any such certificate;
(b) a naval architect or a person falling within subsection (6); or
(c) a person with special experience of shipping matters, of the fishing industry, or of activities carried on in ports.
(5) For the purposes of subsection (4)(c) a person falls within this subsection
if he is a an attorney-at-law of at least 10 years standing.
(6) For the purposes of this section, an arbitrator shall have the powers
conferred on an inspector by section 366 other than subsection (3).

Compensation in connection with invalid prohibition notices

370.(1)
(a)

(b)

If on a reference under section 369 relating to a prohibition notice
the arbitrator decides that any reason or matter did not constitute a valid basis for the inspector’s opinion; and
it appears to the arbitrator that there were no reasonable grounds for the inspector or authorized officer to form that opinion,

the arbitrator may, subject to subsection (3), award the person on whom the notice was served such compensation in respect of any loss suffered by the person in consequence of the service of the notice as the arbitrator thinks fit.
(2) If on any such reference the arbitrator decides that any direction included
in the notice was unreasonable, the arbitrator may, subject to subsection (3), award the person on whom the notice was served such compensation in respect of any loss suffered by him in consequence of the direction as the arbitrator thinks fit.

(3) An arbitrator shall not award any compensation under subsection (1) or (2)
in the case of a prohibition notice unless
(a) it appears to the arbitrator that the direction given in pursuance of section 368(2)(d) contained any such requirement as is mentioned in sub-paragraph (ii) of that paragraph; or
(b) it appears to arbitrator that
(i) the inspector or authorized officer was of the opinion that there would be such a risk of injury or pollution as is referred to in the notice if the fishing vessel went to sea; and
(ii) the effect of the direction given in pursuance of section 368(2)
(d) was to prohibit the departure of the fishing vessel, unless the matters referred to in the direction were remedied.

Offences: improvement and prohibition notices

371.(1)

Any person who contravenes any requirement imposed by an

improvement notice is guilty of an offence and is liable on summary conviction to a fine of $20 000 or to imprisonment for 3 months or to both.
(2) Any person who contravenes any prohibition imposed by a prohibition
notice is be guilty of an offence and is liable on summary conviction to a fine of
$75 000 or to imprisonment for 6 months or to both.
(3) It shall be a defence for a person charged with an offence under this section
to prove that he exercised all due diligence to avoid a contravention of the requirement or prohibition in question.

Detention of a fishing vessel

372.(1)
(a)
(b)
(c)

The following officers may detain a fishing vessel: a maritime law enforcement officer;
a Barbados consular officer; or
any other officer authorized in writing by the Chief Fisheries Officer.

(2) A notice of detention may include a direction that the fishing vessel
(a) must remain in a particular place;
(b) must be moved to a particular anchorage or berth; or
(c) any other relevant information.
(3) If a notice of detention includes direction referred to in subsection (2), the
notice may specify circumstances relating to vessel safety, security, protection of the marine environment or maritime labour abuse prevention.
(4) The master of a fishing vessel in respect of which notice of detention has
been served is guilty of an offence if he proceeds to sea, otherwise than in accordance with the notice, before it is released by a competent authority.
(5) The master of a fishing vessel in respect of which notice of detention has
been served is guilty of an offence if he fails to comply with a direction given under subsection (2).
(6) A person who contravenes subsection (4) or (5) is guilty of an offence and

is liable
(a)

(b)

on summary conviction, to a fine of $100 000 or to imprisonment for 12 months or to both; or
on conviction on indictment, to a fine of $200 000 or to imprisonment for 3 years or to both.

(7) The owner of a fishing vessel, and any person other than the master who
knowingly sends to sea a fishing vessel, to which subsection (4) or (5) provides is guilty of an offence and is liable
(a) on summary conviction, to a fine of $100 000 or to imprisonment for 12 months or to both; or
(b) on conviction on indictment, to a fine of $200 000 or to imprisonment for 3 years or to both.

(8) A person to whom subsection (6) or (7) applies may, opt to pay an
administrative penalty of $50 000 to the Chief Fisheries Officer.
(9) Where a fishing vessel proceeding to sea in contravention of subsection
(4) or failing to comply with a direction given under subsection (2) carries away without his consent any of the following who is onboard the fishing vessel in the execution of his duty
(a) any officer authorized by subsection (1) to detain the fishing vessel; or
(b) any surveyor of ships;
the owner and master of the fishing vessel are each liable to pay all expenses of and incidental to the officer or surveyor being carried away and are guilty of an offence.
(10) A person guilty of an offence under subsection (9) is liable on
(a) on summary conviction to a fine of $75 000 or to imprisonment for 6 months or to both; or
(b) on conviction on indictment to a fine of $175 000 or to imprisonment for 12 months or to both.
(11) A person exercising the power of detention in respect of an alleged
contravention of this Act shall immediately release the fishing vessel if
(a) no proceedings for the offence in question are instituted within 7 days beginning with the day on which the fishing vessel is detained;
(b) such proceedings, having been instituted through exercise of the power conferred by subsection (1) within that period, are concluded without the master or owner being convicted;
(c) either
(i) the sum of $200 000 is paid to the Minister by way of security; and

(ii) security which, in the opinion of the Minister, is satisfactory and is for an amount not less than $250 000 is paid to the Minister by or on behalf of the master or owner;
(d) the master or owner is convicted of the offence, any costs or expenses ordered to be paid by him or any fine imposed on him have been paid; or
(e) the release is ordered by a court or tribunal referred to in Article 292 of the United Nations Convention on the Law of the Sea, 1982, and any bond or other financial security ordered by such a court or tribunal is posted.
(12) The Minister shall repay any sum paid in pursuance of subsection 11(c) or
release any security so given
(a) if no proceedings for the offence in question are instituted within 7 days beginning with the day on which the sum is paid; or
(b) if such proceedings, having been instituted within that period, are concluded without the master or owner being convicted.
(13) Where a sum has been paid, or security has been given, by any person in
pursuance of subsection (11)(c) and the master or owner is convicted of the offence in question, the sum so paid or the amount made available under the security shall be applied,
(a) first in the payment of any costs or expenses ordered by the Court to be paid by the master or owner; and
(b) second in the payment of any fine imposed by the Court;
and the balance, if any, shall be repaid to the person paying the sum or giving the security.
(14) Before a fishing vessel is released from detention, the detaining officer
shall issue to the master, or the vessel’s owner, agent or representative a notice of release from detention, stating that the detaining officer is satisfied that the defects related to the fishing vessel have been rectified, apart from any minor

ones which are listed and that the fishing vessel can now be released from detention.
(15) Any reference in this section to proceeding to sea includes a reference to
going on a voyage or excursion that does not involve going to sea and references to sending or taking to sea shall be construed accordingly.

References of detention notices to arbitration

373.(1)

Any question as to whether any of the matters specified in relation to

a fishing vessel in a detention notice in pursuance of this Act or any other enactment thereunder or fisheries agreements to which Barbados is party, in connection with any opinion formed by the relevant inspector or authorized officer constituted a valid basis for that opinion shall, if the master or owner of the fishing vessel so requires by a notice given to the relevant inspector within 21 days from the service of the detention notice, be referred to a single arbitrator appointed by an agreement between the parties for that question to be decided by him.
(2) Where a notice is given by the master or owner of the fishing vessel in
accordance with subsection (1), the notice shall not suspend the operation of the detention notice unless, on the application of the person requiring the reference, the arbitrator so directs.
(3) The arbitrator shall have regard, in coming to his decision, to any other
matters not specified in the detention notice which appear to him to be relevant to whether the fishing vessel was or was not in conformity with this Act, any other enactment thereunder, or fisheries agreements to which Barbados is party.
(4) Where on a reference under this section the arbitrator decides in respect to
any matter to which the reference relates, that in all the circumstances the matter did not constitute a valid basis for the inspector’s opinion he shall cancel or affirm the detention notice or affirm it with such modifications as he may in the circumstances think fit.

(5) The arbitrator shall include in his decision a finding whether there was or
was not a valid basis for the detention of the fishing vessel as a non-compliant fishing vessel.
(6) A person shall not be qualified for appointment as an arbitrator under this
section, unless he is
(a) a person holding a certificate of competency as a master mariner or as a marine engineer officer class 1, or a person holding a certificate equivalent to any such certificate;
(b) a naval architect;
(c) a person falling within subsection (7); or
(d) a person with special experience of shipping matters, or of activities carried on in ports.
(7) For the purposes of subsection (6)(c) a person falls within this subsection
if he is an attorney-at-law of 10 years standing entitled to practice in Barbados or in any commonwealth jurisdiction.
(8) For the purposes of this section, an arbitrator shall have the powers
conferred on an inspector by section 366.

Compensation in connection with invalid detention of fishing vessel

374.(1)

If upon a reference under section 373 relating to a detention notice in

relation to a fishing vessel
(a) the arbitrator decides that any matter did not constitute a valid basis for the relevant inspector’s opinion; and
(b) it appears to the arbitrator that there were no reasonable grounds for the inspector to form that opinion;
the arbitrator may award the owner of the fishing vessel such compensation in respect of any loss suffered by him in consequence of the detention of the fishing vessel as the arbitrator thinks fit.

(2) Any compensation awarded under this section shall be payable into the
Consolidated Fund.

Release of vessel or thing if no proceedings instituted

375. Where a fishing vessel or any other thing has been taken, seized or
     detained under this Act, the Chief Fisheries Officer shall on demand of the master, owner, charterer or agent release the vessel or thing if no proceedings are instituted within 14 days of the arrival of the vessel or the thing in a port or harbour.

Security for release of the fishing vessel

376.(1)

Where a fishing vessel or any other thing has been taken, seized or

detained under this Act and a charge is laid against the master, owner or charterer of the vessel in respect of the offence for which the vessel has been detained, the master, owner, charterer or agent of the owner or of the charterer of the vessel may at any time before the determination of the charge apply to the court by which the charge is due to be determined for the release of the vessel on the provision of security in accordance with this Act.
(2) On hearing the application the court, on ensuring that no evidence that may
be required is thereby prejudiced, shall either
(a) on being satisfied that reasonable security has been paid to the Government in respect of the aggregate of the maximum fine to which the offender may be liable, order the release of the fishing vessel; or
(b) order the release of the fishing vessel on the production, by any person or persons, so authorized by the court, of a reasonable bond in favour of the Government in the specified form, and in an amount not less than the aggregate of the maximum fine to which the offender may be liable.
(3) Notwithstanding subsection (2), the court may, where it is satisfied that
there are special circumstances to justify it doing so, order that the bond be in a specified amount that is not less than the minimum fine to which the offender may be liable.

(4) The conditions of the bond shall be that, if
(a) the offender is found not guilty of the offence; or
(b) the offender, on being convicted of the offence, pays in full within 14 days after he is convicted the amount of the fine imposed by the court,
then the bond shall be of no effect but that otherwise the bond shall remain in full force and effect.
(5) The amount specified in the bond shall be recoverable in full in any court
of competent jurisdiction as a debt due to the State jointly or severally by the person by whom the bond is given unless the person proves due performance of the condition for which the bond was made.
(6) For the purposes of this section, “fishing vessel” includes all equipment
onboard or used by the vessel and also includes all fish that has been seized from the vessel under this Act and is detained onboard the vessel in custody of the Government.

Disposal of seized fish and other perishables

377. Where any fish or other thing of a perishable nature is seized under
     section 352, the Chief Fisheries Officer may, after ensuring that all evidence that may be necessary is preserved, notwithstanding any other provisions of this Act,
     (a) return the fish or other thing to the person from whom it was seized on receiving the security that in the Chief Fisheries Officer’s opinion is adequate for the equivalent value of the fish or the thing by way of bond or other stipulation conditioned for payment of such equivalent value in the event that such amount shall be adjudged by the court to be forfeited to the State; or
     (b) cause the sale by public auction of the fish or other thing and if court proceedings are instituted deposit the proceeds of sale in court pending an order by the court in respect of the forfeiture or otherwise of the proceeds or release the proceeds to the person from whom the fish or thing was seized in accordance with section 352.

Protection from personal liability

378. No liability shall lie personally against any authorized public officer
     or any authorized entity who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act or any other enactment.

Offences not specifically provided for

379.(1)

A person who commits an offence under this Act or any other

enactment, for which no specific penalty is provided, is liable on summary conviction to a fine of $100 000 or to imprisonment for 12 months or to both.
(2) Where an offence under this Act is a continuing one, and no penalty is
otherwise provided in respect of the continuance, every person guilty of that offence, in addition to any other liability, is liable on summary conviction to a fine of $1 000 for everyday or part thereof during which the offence continues after conviction was first obtained.
PART XXXVIII FISCAL ARRANGEMENTS
Fees

Services
380.

The Chief Fisheries Officer may provide additional services for the

proper operation of fishing vessels, fishing ports, fish vending and processing facilities and mooring places and other sectors of the fishing industry, including in particular, the lifting and launching of fishing vessels, at a fee specified in the fishing industry notice.

List of fisheries services and fees

381.(1)

The Chief Fisheries Officer shall maintain in electronic or other form

a list of fisheries services and fees, which shall be set out
(a) all services provided by Government to the fishing industry;
(b) fees in respect of those services; and
(c) any other particulars deemed necessary by the Chief Fisheries Officer.
(2) The list of fisheries services and fees may be specified in a fishing industry
notice as necessary by the Chief Fisheries Officer, in consultation with the Minister, in respect of such services and related fees.

Marine living resources royalties

382.(1)

Foreign fishing license holders shall pay to the Accountant General

such sums by way of royalties for the extraction of Barbados’ fishery and other marine living resources at such times as may be prescribed by the Minister responsible for Finance.
(2) A payment made under subsection (1) shall be accompanied by details of
the fish and other marine living resources extracted, sold or disposed of, and the details of the payment and how it has been calculated.

PART XXXIX FISHING VESSEL ACCIDENTS
Enquiry into fishing vessel accidents

383.(1)
(a)

When
any fishing vessel is lost, abandoned, stranded or materially damaged at sea or in harbour;

(b) any fishing vessel causes loss or material damage to any other fishing vessel at sea or in harbour; or
(c) by reason of any injury happening onboard any fishing vessel at sea, loss of life ensues,
the master of the fishing vessel involved shall report the events to the Chief Fisheries Officer immediately.

Assistance to be rendered to collision

384.(1)

In every case of a collision between fishing vessels, the master of each

fishing vessel shall, if and so far as he can do so without danger to his own crew, to render to the other vessel and its crew such assistance as may be practicable and necessary to save them from any danger caused by the collision.
(2) Where the master of a fishing vessel fails to comply with subsection (1)
and no reasonable cause for such failure is shown, the collision shall, in the absence of proof to the contrary, be deemed to have been caused by his wrongful act, neglect or default.
(3) Where the master of a fishing vessel fails without reasonable cause to
comply with this section, he is guilty of an offence and liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

PART XL

FISHERIES DISPUTE SETTLEMENT

Fisheries dispute settlement tribunal

385.(1)

There is hereby established a tribunal to be known as the “Fisheries

Dispute Settlement Tribunal”.

(2) The Tribunal shall be appointed by the Minister and shall comprise the
following 4 members:
(a) an attorney-at-law of at least 10 years’ standing, who shall be Chairman;
(b) a fishing vessel owners’ representative, who may be a person from a fishing vessel owners’ organization;
(c) a fisher’s representative, who may be a person from a fisherfolk organization or a person holding a certificate of competency as a vessel master, or a person holding a certificate equivalent to any such certificate; and
(d) a specialist in fisheries affairs with at least 10 years’ experience.
(3) The Tribunal shall hear and determine
(a) any conflict arising in connection with any provision of this Act or any other enactment; and
(b) disciplinary action on cases, which are administrative in character, involving or arising out of violations of recruitment laws, rules and regulations involving employers, principals, contracting partners and Barbadian fishers.
(4) A fishing vessel owner or fisher may, submit in such form as the Chief
Fisheries Officer approves, a dispute for settlement by the Tribunal within 30 calendar days from the date on which the dispute arose, and where the parties fail to settle the dispute between themselves.
(5) A person aggrieved by the decision of the Tribunal may make an
application to the High Court.
(6) On any application under this section, the High Court may, if satisfied
(a) that the decision of the Tribunal is not within the powers of this Act; or
(b) that the interests of the applicant have been substantially prejudiced,

quash the decision of the Tribunal, either generally or in so far as it affects the applicant’s rights or interests.
(7) Notwithstanding the appeal to a Tribunal or Court, the parties to a fisheries
dispute may seek recourse to other dispute settlement fora, including but not limited to conciliation or mediation.

Labour supplying State jurisdiction of Barbados

386. In the event of a labour specific fisheries dispute arising between a
     fisher who is a Barbadian citizen and an owner onboard whose vessel a Barbadian fisher is employed arising in Barbados, the laws of Barbados shall be the applicable laws.

Labour supply State dispute settlement option

387.(1)

In the cases of claims and disputes involving Barbadian fishers and a

vessel owner irrespective of nationality on whose vessel a Barbadian fisher is employed, arbitration or other dispute settlement options as agreed to by the parties may be used.
(2) If the parties are not covered by a collective bargaining agreement, the
parties may submit the claim or dispute to
(a) the original and exclusive jurisdiction of the Tribunal, pursuant to this Part; or
(b) the original and exclusive jurisdiction of the arbitrator or panel of arbitrators.
(3) If there is no provision as to the voluntary arbitrators to be appointed by
the parties, the same shall be appointed in accordance with the Arbitration Act of Barbados, Cap. 110.

Flag State fisheries labour dispute settlement option

388. The State where the fishing vessel is flagged, and upon which vessel
     a Barbadian fisher is employed, shall have jurisdiction in relation to the settlement

of any maritime labour related dispute arising between a fisher who is a Barbadian citizen and a vessel owner, irrespective of nationality, on board whose vessel a Barbadian fisher is employed, or in the case of an unfair or wrongful dismissal, the Barbadian citizen was employed on board such vessel.

Dispute settlement jurisdiction clauses in fishers’ agreements

389.(1)

Dispute settlement jurisdiction clauses in fishers’ employment

agreements may be agreed upon between the fisher and vessel owner and such clauses must not reduce the choice of law and choice of forum available to a fisher under this Act.
(2) Subsection (1) applies to
(a) dispute settlement in Barbados;
(b) dispute settlement in the flag State;
(c) dispute settlement in the vessel owner’s domicile; and
(d) dispute settlement in the port State, if the incident giving rise to the dispute occurred in the port State.

Non-Barbados fishers: fisheries labour dispute settlement options

390.(1)

Non-national fishers employed on board Barbados flagged vessels

may seek to have their fisheries labour related disputes settled by any Court, Tribunal or other alternative dispute settlement mechanism in Barbados.
(2) Subject to subsection (3), non-national fishers employed on board any
fishing vessel, irrespective of the flag the vessel flies, whilst that ship is in a Barbados port may seek to have their fisheries labour related dispute settled in Barbados where the dispute arose while the vessel is in Barbados’ territory.
(3) A court or tribunal, in determining whether to hear a case brought by a non-
national fisher pursuant to subsection (2), in Barbados shall consider the following
(a) the place of the wrongful act;

(b) the law of the vessel’s flag;
(c) the nationality or domicile of the fisher;
(d) the nationality or domicile of the vessel owner;
(e) the place where the fisher’s employment agreement was concluded;
(f) inaccessibility of the foreign forum;
(g) the law of the forum; or
(h) the vessel owner’s base of operations.

Protection of fisher against discrimination

391.(1)
(a)

(b)

(c)

(d)

(e)

(f)

A person may not in any manner discriminate against a fisher because
the fisher in good faith has reported or is about to report to a maritime law enforcement officer or other authorized officer that the fisher believes that a violation of maritime labour law has occurred;
the fisher has refused to perform duties ordered by the fisher’s employer because the fisher has a reasonable apprehension or expectation that performing such duties would result in serious injury to the fisher, another fisher, or the public;
the fisher testified in a proceeding brought to enforce a fisheries labour law;
the fisher notified or attempted to notify, the vessel owner, master, or agent work-related personal injury or work-related illness of a fisher;
the fisher cooperated with a maritime safety investigation by the Minister or an entity authorized by the Minister to cooperate in such safety investigation;
the fisher furnished information to the Minister, or any other public official as to the facts relating to any marine casualty resulting in injury or death to an individual or damage to property occurring in connection with vessel transportation; or

(g) the fisher accurately reported hours of duty under this Part.
(2) The circumstances causing a fisher’s apprehension of serious injury under
subsection (1)(b) must be of such a nature that a reasonable person, under similar circumstances, would conclude that there is a real danger of an injury or serious impairment of health resulting from the performance of duties as ordered by the fisher’s employer.
(3) To qualify for protection against the fisher’s employer under subsection (1)
(b), the employee must have sought from the employer, and been unable to obtain, correction of the unsafe condition.
(4) Every employer to whom this Act applies, shall ensure that employees
under their employ shall have a safe system of work, and that maritime labour standards and practices are complied with.
(5) A fisher alleging discharge or discrimination in violation of subsection (1) ,
or another person at the fisher’s request, may file a complaint with respect to such allegation.

PART XLI FISHERIES AND TOURISM
Sustainable fish tourism plan

392.(1)

The Minister, in consultation with the Chief Fisheries Officer,

Fisheries Advisory Council, the Minister responsible for Tourism and other fisheries sector stakeholders shall develop a sustainable fish tourism plan to
(a) empower fisherfolk to benefit from sustainable marine development;
(b) effectively link fisheries with tourism;
(c) secure fisher’s involvement in fish tourism projects;
(d) support quality tourism in fisheries areas;

(e) promote eco-friendly fisheries tourism;
(f) identify assets for fisheries-related tourism;
(g) identify and address the environmental and socio-economic impacts of fishing tourism; and
(h) ensure the continued sustainable development of the fish tourism industry.
(2) The sustainable fish tourism plan shall take due consideration of other
activities occurring within Barbados waters, and also take into account any marine spatial planning requirements.

Ambit of the local fish tourism industry

393.
(a)
(b)

The local fish tourism industry includes
onshore fisheries and fisheries related activities; and offshore fisheries and fisheries-related activities,

engaged in by Barbados registered fishing vessels solely for tourism recreational purposes by local fishers, and foreign and domestic tourists.

Area restrictions on seagoing fish tourism activities

394. Seagoing fish tourism activities shall only take place in Barbados
     waters, by vessels flying the flag of Barbados, and are prohibited in maritime areas outside the jurisdiction of Barbados.

Authorization of foreign and domestic tourists to participate in seagoing fisheries

395. Foreign and domestic tourists may participate in seagoing fishing
     activities onboard fishing vessels registered in Barbados, for the purposes of enjoying local fishing and sea culture in Barbados.

Fish tourism activities

396.
(a)

(b)
(c)

(d)
(e)
(f)

(g)

(h)

(i)
(j)
(k)

Fish tourism activities include
boat excursions on Barbados registered fishing vessels, including remaining onboard the vessel overnight;
watching and engaging in fishing activities;
introduction to sustainable fishing methods, safe and environmentally sound use of fishing gear;
game fishing;
participating in preparation of seafood cuisine onboard or ashore;
preparation of traditional fish recipes by crew members onboard or in local restaurants or other similar establishments;
exposure of traditional fisheries knowledge and expressions of folklore in fishing and local sea culture to tourists;
general education on the marine environment and coastal biodiversity in the local fishing area;
snorkeling and scuba diving with fishers; deep sea fishing with fishers; and
any other tourist attractive, environmentally sustainable and safe activities involving fishing, whether at sea or ashore.

Requirements for vessels engaged in fish tourism activities

397. Fish tourism activities shall only be conducted by professional fishers
     operating on vessels that
     (a) are seaworthy;
     (b) are registered in Barbados and flying the flag of Barbados;
     (c) are equipped for fishing;

(d) are equipped with the necessary safety and hygiene equipment;
(e) have accommodation suitable for overnight excursions, where such excursions are part of the fish tourism package; and
(f) are compliant with all other requirements under national law for fishing vessels operating in the fishing waters of Barbados.

Compulsory third party liability insurance

398. No fishing vessel shall be used as part of a fish tourism venture, except
     that vessel has third party liability insurance, or other equivalent form of financial security.

Fish tourism licence

399.(1)

All local fishers intending to engage in or engaging in fish tourism

activities shall have a fish tourism licence, issued by the Chief Fisheries Officer.
(2) A fish tourism licence is valid for a period of one year and is renewable.
(3) A person who conducts any fish tourism activities under an expired fish
tourism licence is guilty of an offence and is liable on summary conviction to a fine of $5 000 or to imprisonment for 3 months or to both.
(4) A person who uses a fish tourism licence other than for the purpose for
which it was granted is guilty of an offence and is liable on summary conviction to a fine of $7 000 or to imprisonment for 3 months or to both.

Itinerary
400.(1)

All fishing vessels engaged in fish tourism activities shall have an

itinerary detailing
(a) the place of commencement of the trip, any intended destinations in between as well as the final destination of the trip ;
(b) the route to be taken for departure from shore to sea and arrival from sea to shore;

(c) the intended activities for tourists;
(d) the duration of the trip; and
(e) any other relevant information as may be required.
(2) All fishing vessels engaged in fish tourism activities shall return to the
origin of departure upon termination of the trip.

Passenger list

401.(1)

All fishing vessels engaged in fish tourism activities shall have a

passenger list detailing
(a) the identity and contact details of tourist to be travelling on the fishing vessel concerned, particularly where fish tourism activities involve going out to sea;
(b) length of stay of the tourists in Barbados; and
(c) any other relevant information as may be required.
(2) The passenger list shall be in duplicate, with one copy being kept aboard
the fishing vessel concerned and the other copy being left ashore in the custody of the Chief Fisheries Officer or any other person authorized by him.
(3) The crew list and the passenger list shall also be provided to the Chief
Fisheries Officer or any other person authorized by him.

Passenger capacity

402. The passenger capacity for fishing vessels engaged in fish tourism
     activities shall not exceed passenger carrying limits of the fishing vessel or limits otherwise specified by the Chief Fisheries Officer in a notice.

Passenger safety

403. All applicable national and international laws on safety of life at sea
     apply in relation to the carriage of passengers onboard fishing vessels engaged in fish tourism activities, and shall be strictly observed and complied with.

Fish tourism rules and regulations

404. The Minister shall, in consultation with the Chief Fisheries Officer
     and the Minister responsible for Tourism, make regulations for the peaceful and orderly development of fish tourism activities in Barbados waters, having regard to human safety, security, environmental and any other relevant considerations.

Applicable UNCLOS and FAO Requirements

405. Sustainable fishing tourism activities shall adhere to international best
     practices contained in the United Nations Convention on the Law of the Sea (UNCLOS), 1982 and instruments of the FAO regarding
     (a) conservation of marine living resources;
     (b) fisheries-specific conservation and management measures;
     (c) preservation of fish stocks and prevention of overfishing;
     (d) responsible fisheries practices;
     (e) IUU fishing; and
     (f) ecosystem approach to fisheries.

PART XLII

FISHING VESSEL CHARTERING

Conditions and Procedure for Bareboat Charter Registration

Interpretation

406.(1)

In this Part,

“bareboat” means a fishing vessel without a crew;

“bareboat charter” means the contract for the lease or sublease of a fishing vessel, for a stipulated period of time by virtue of which the charterer shall acquire full control and complete possession of the vessel including the right to appoint her master and crew for the duration of the charter but excluding the right to sell or mortgage the vessel;
“bareboat charter registration” means the registration of a vessel in a bareboat charter registry under the name of the charterer;
“bareboat charter registry” means the registry of the State whose flag the fishing vessel is entitled to fly during the period in which the charterer is registered as the bareboat charterer;
“compatible registry” means a vessel registry of a foreign State declared by the Principal Registrar, in the case of vessels registered on the international fishing vessel register, or the Chief Fisheries Officer, in the case of the domestic fishing vessel register, to be a compatible registry in terms of subsection (2);
(2) Whenever it appears to the Principal Registrar or Chief Fisheries Officer,
that the provisions of the law of a State with regards to bareboat charter registration are compatible with the provisions of this Act, the Principal Registrar or Chief Fisheries Officer may declare the vessel registry of that State to be a compatible registry for the purposes of this Act.

Bareboat Chartering-in of foreign registered fishing vessels

Bareboat charter-in registration

407.(1)

Whenever it appears to the Principal Registrar or Chief Fisheries

Officer, as the case may be, that the provisions of the law of a State with regard to bareboat charter-in registration are compatible with the provisions of this Act, he may declare the vessel registry of that State to be a compatible registry for the purposes of this Part.

(2) Notwithstanding anything contained in the registration provisions of this
Act, a fishing vessel not eligible under this Act to be registered as a Barbados fishing vessel shall be eligible to be registered at the discretion of the Principal Registrar or Chief Fisheries Officer, as the case may be, as a Barbados vessel pursuant to this section provided that
(a) the vessel is bareboat chartered to a citizen or national of Barbados domiciled in Barbados or to any person authorized in writing by the Principal Registrar or Chief Fisheries Officer, as the case may be;
(b) the vessel is not a Barbados registered fishing vessel and is registered in a compatible registry;
(c) subject to subsection (6) the fishing vessel is not registered in another bareboat charter registry; and
(d) such certified documents as the Principal Registrar or Chief Fisheries Officer, as the case may be, may require are submitted to such Registrar or officer shall include but shall not be limited to the following:
(i) an application for registration under this Part made by the charterer or his authorized agent containing such information as may be required by the Principal Registrar or the Chief Fisheries Officer, as the case maybe;
(ii) a declaration of bareboat charter made by the charterer accompanied by a copy of the charter agreement which shall not be available for public inspection;
(iii) a copy of the existing Certificate of Seaworthiness and any other relevant documentation in respect of the fishing vessel;
(iv) a payment of relevant fee;
(v) a certificate of good standing of the bareboat charterers, in the case of a foreign bareboat charter;
(vi) true copies of all relevant mortgages and the copies shall be made in the English Language or an authenticated translation,

indicating the name of the vessel, the name of the parties, the total original amount, the discharge amount, and the date of maturity;
(vii) a transcript or an extract of the primary registration of the vessel that shall include a description of the fishing vessel, the owners and where applicable, all registered mortgages and encumbrances of the vessel and the document shall be available for public inspection; and
(viii) the consent in writing, for the vessel to be bareboat chartered in Barbados, of the appropriate authorities of the primary registry.
(3) For the purposes of subsection (2)(d)(viii), the bareboat charterer may be
further required by the Principal Registrar or Chief Fisheries Officer, as the case may be, to declare that during the period of bareboat charter registration the fishing vessel will not be entitled to fly their flag, the owners of the vessel and all holders of registered mortgages, hypotheques and charges.
(4) The charterer shall produce to the Registrar or Chief Fisheries Officer, as
the case may be, within 30 days any amendments or modifications to the bareboat charter.
(5) Where amendments or modifications are effected to the primary
registration, the charterer shall
(a) within 7 days from the amendments being effected, communicate to the Registrar or Chief Fisheries Officer, as the case may be, the amendments or modifications; and
(b) within 30 days of the amendments or modifications having been entered into the primary register, produce to the Registrar or Chief Fisheries Officer, as the case may be, a transcript or an extract of the primary registration showing the amendments or modifications.
(6) The Registrar or Chief Fisheries Officer, as the case may be, may, under
such circumstances and conditions as may be specified by him, permit the

registration of a fishing vessel pursuant to this section that is already bareboat chartered with a foreign registry.
(7) Subject to subsection (7), a fishing vessel shall be registered pursuant to
this section by the name under which she is registered in the primary registry, if the name is not already the name of a registered Barbados fishing vessel or a name so similar as to be calculated to deceive.
(8) The name of a fishing vessel to be registered or of a vessel already
registered under this Part may be changed prior or subsequent to registration pursuant to this Part, as the case may be if the appropriate authorities of the primary registry, the owners and the registered mortgagees, if any, have consented to it.

Procedure for bareboat charter-in registration

408.(1)

Where the Registrar or Chief Fisheries Officer, as the case may be, is

satisfied that all conditions for registration specified in this section or other provisions of this Act, where applicable, have been complied with and upon payment of the prescribed fee, the Registrar or Chief Fisheries Officer, as the case may be, shall
(a) enter in the register of Barbados fishing vessels all particulars of the fishing vessel and her primary registration, owners and charterers, stating that it is a bareboat charter-in registration, the expiry date of the registration and enter in the register the official record of any mortgages affecting the fishing vessel;
(b) inform the appropriate authorities of the primary registry of the registration under this section; and
(c) issue a certificate of bareboat charter-in registration that includes the name and particulars of the fishing vessel, the name of the home port Bridgetown, Barbados and the expiry date of the registration.
(2) Upon the issue of a certificate of bareboat charter-in registration all
documents issued in respect of the fishing vessel by the primary registry shall be

surrendered to the appropriate authorities of that registry and within 30 days of the issue of the certificate, the charterer shall make and deliver to the Registrar or Chief Fisheries Officer, as the case may be, a declaration to that effect.
(3) Subject to subsection (4), the duration of such registration shall be for a
period not exceeding the duration of the bareboat charter or the expiry date of the primary registration, whichever is the shorter period but in no case for a period exceeding 5 years.
(4) At the request of the charterer or his authorized agent, the Registrar or the
Chief Fisheries Officer, as the case may be, may extend and further extend the bareboat registration for the remaining period of the charter or until the expiry date of the primary registry, whichever is the shorter period but in no case for periods exceeding 2 years at a time, provided that he has received written consent to this extension from the appropriate authorities of the primary registry, the owners and the registered mortgagees, if any, within 7 days from the Registrar having informed them of the request for extension.
(5) Upon the grant of an extension, the Registrar or Chief Fisheries Officer,
as the case may be, shall
(a) enter the new expiry date in the register of the fishing vessel;
(b) issue a certificate of extension of bareboat charter-in registration that includes the expiry date; and
(c) inform the appropriate authorities of the primary registry.
(6) No extension of a bareboat charter-in registration pursuant to subsection
(5) shall be permitted beyond a period of 5 years from the date of first registration of the bareboat charter; and in the event that the charterer or his authorized agent wishes to extend a bareboat charter beyond 5 years, the bareboat charter shall be re-registered under this section as if it were the first registration of such a bareboat charter.
(7) A vessel registered pursuant to this section shall be deemed to be a
Barbados fishing vessel and except where otherwise provided shall be under the

jurisdiction and control of Barbados and shall comply with the laws applicable to Barbados.
(8) A fishing vessel registered under this section shall only hoist the Barbados
flag as provided for in this Act.
(9) The home port of a fishing vessel registered under this section shall be
Bridgetown, and shall be shown on the certificate of bareboat charter registration and shall be marked as specified in writing by the Registrar or Chief Fisheries Officer, as the case may be.
(10) The charterers shall notify the Registrar or Chief Fisheries Officer, as the
case may be, of any transfer of ownership of a fishing vessel registered pursuant to this Part and the registration of the fishing vessel under this section shall be closed, unless the new owners, within 7 days, inform the Registrar or Chief Fisheries Officer, as the case may be, that they have no objection to the registration of the fishing vessel in accordance with this section, and within 30 days of having made the declaration, deliver in writing to the Registrar or Chief Fisheries Officer, as the case may be, their consent to the registration.
(11) In respect of a registered fishing vessel bareboat chartered-in, the following
fees are to be paid
(a) bareboat charter-in registration fee; and
(b) commercial operation fee.

Mortgages and encumbrances: bareboat chartered fishing vessels

409.(1)

The registration of mortgages and encumbrances under this Act, in

respect of fishing vessels registered under this Part are prohibited and the Chief Fisheries Officer shall not register any such mortgages and encumbrances, such power of registration shall remain vested in the Registrar.
(2) Extracts of mortgages, hypotheques and charges shall be recorded in a
bareboat charter registry book in the same order as recorded in the foreign registry.

(3) The bareboat charter book shall be maintained at the offices of the
(a) Registrar, in respect of fishing vessels registered on the international fishing vessel register; and
(b) the Chief Fisheries Officer, in respect of fishing vessels registered on the domestic fishing vessel register,
and the information contained in the statement affixed to the document shall be endorsed upon the vessels bareboat charter certificate of registration.
(4) The bareboat charter book may be in electronic format.

Closure of bareboat charter registration

410.(1)

The Registrar or the Chief Fisheries Officer, as the case may be, may

order that the registration of a fishing vessel under this Part be closed
(a) if any of the provisions of this Act, in so far as the same may be applicable to a fishing vessel registered pursuant to this section, is not complied with; or
(b) for any reason specified in this Part, in so far as the same may be applicable to a fishing vessel registered under this section.
(2) Where the charterer of a fishing vessel, registered pursuant to this section,
desires to close the bareboat charter registration of such vessel, he shall make an application to that effect to the Registrar or the Chief Fisheries Officer, as the case may be, giving all particulars and information which the Registrar or the Chief Fisheries Officer, as the case may be, may require for the purpose and the application made and substantiated shall be acceded to if all liabilities and obligations in respect of the fishing vessel towards Barbados whether for fee, charges, fines or otherwise have been paid.

(3) The Registrar or the Chief Fisheries Officer, as the case may be, shall close
the registration of a fishing vessel under this Part, and shall make an entry to that effect in the register, if
(a) the Registrar or Chief Fisheries Officer, as the case may be, has ordered the closure in terms of subsection (1);
(b) a voluntary closure of registry has been requested and the request has been acceded to by the Registrar or Chief Fisheries Officer, as the case may be, in terms of subsection (2);
(c) the appropriate authorities of the primary registry, or the owners or any of the mortgagees, if any, have withdrawn their consent to the bareboat charter-in registration in Barbados;
(d) the registration in the primary registry has for any reason been terminated;
(e) the charter lapses or is terminated by any of the parties to it; or
(f) the period for which the vessel has been bareboat charter registered lapses and no extension has been granted in accordance with this Part.
(4) Upon the closure of registration in terms of subsection (3) the vessel shall
cease to be a Barbados fishing vessel and the Registrar or Chief Fisheries Officer, as the case may be, shall immediately notify the appropriate authorities of the primary registry and the owners of the closure.
(5) The Registrar or Chief Fisheries Officer, as the case may be, may refuse
to issue a deletion certificate of registration or a transcript of registry showing the closure of registry until
(a) the certificate of bareboat charter-in registration has been surrendered to him; and
(b) all liabilities and obligations in respect of the fishing vessel towards the State of Barbados whether for fees, charges, fines or otherwise have been paid.

Bareboat Chartering-out of Barbados registered Fishing Vessels

Bareboat charter-out registration in a foreign registry

411.(1)

Notwithstanding any other provision of this Act a Barbados fishing

vessel registered under this Part may bareboat charter-out to a foreign registry if the Registrar or Chief Fisheries Officer, as the case may be, gives consent in terms referred to in subsection (2).
(2) The Registrar or the Chief Fisheries Officer may, as the case may be, under
such conditions as he may deem fit to impose, give his consent referred to in subsection (1) and issue a confirmation of registration and letter of authorization to bareboat charter with a foreign registry if
(a) the fishing vessel is registered as a Barbados vessel in accordance with the relevant provisions of this Act;
(b) the bareboat charter registry where the fishing vessel is to be registered is a compatible registry;
(c) payment of relevant fees are forthcoming; and
(d) the following documents are submitted to him
(i) an application for bareboat charter-out to a foreign registry made by the owners containing such information as may be required by the Registrar or Chief Fisheries Officer, as the case may be;
(ii) the consent in writing to such registration of all registered mortgagees, if any;
(iii) a written undertaking by the owners to surrender the certificate of registry issued under this Act within 15 days from the entry into the bareboat charter registry;
(iv) a written undertaking by the charterer that the Barbados flag shall not be hoisted during the period of bareboat charter-out to the foreign registry; and

(v) a copy of the bareboat charter.
(3) The owners shall, within 30 days of such amendments or modifications
being effected, produce to the Registrar or Chief Fisheries Officer, as the case may be, any amendments or modifications to the bareboat charter.
(4) Subject to the provisions of subsection (5) a Barbados registered fishing
vessel shall be bareboat charter registered in a foreign registry by the name under which it is registered in Barbados.
(5) The name of a Barbados registered fishing vessel, bareboat chartered-out
to a foreign registry may only be changed with the written permission of the Registrar, or Chief Fisheries Officer, as the case may be, if such change is being effected also in the bareboat charter registry.
(6) The registration in a foreign bareboat charter registry of a vessel registered
under this Act not made in accordance with the provisions of this Act shall be void.
(7) Upon the bareboat charter registration of a Barbados registered fishing
vessel in a foreign registry
(a) the owners shall immediately notify the Registrar or Chief Fisheries Officer, as the case may be, of the registration, and within 30 days surrender to the Registrar or Chief Fisheries Officer, as the case may be, the certificate of registry issued to the vessel under this Act and deliver to the Registrar or the Chief Fisheries Officer, as the case may be, a transcript or an extract of the foreign bareboat charter registration; and
(b) where the Registrar or Chief Fisheries Officer, as the case may be, is satisfied that the registration has been effected according to the provisions of this Act, the Registrar or Chief Fisheries Officer, as the case may be, shall make an entry to that effect in the appropriate fishing vessel register.
(8) The owners shall immediately notify the Registrar or Chief Fisheries
Officer, as the case may be, of the closure or lapse of the bareboat charter

registration in a foreign registry and shall within 30 days of the closure of the registry deliver to the Registrar or Chief Fisheries Officer, as the case may be, a transcript or an extract of the foreign bareboat charter registration showing the closure.
(9) Unless otherwise provided for in this section, the owners of a Barbados
registered fishing vessel shall comply with the laws of the foreign registry.
(10) Notwithstanding any other provision in this Act, during the time a
Barbados registered fishing vessel is bareboat chartered-out to a foreign registry in accordance with this section
(a) the fishing vessel shall not hoist the flag of Barbados and shall be permitted to fly the flag of the foreign bareboat registry; and
(b) the home port of the fishing vessel shall be that of the bareboat charter registry.
(11) The owners shall, within one month from the entry into the foreign bareboat
charter registry, make and deliver to the Registrar or Chief Fisheries Officer, as the case may be, a
(a) copy of the foreign flag carving note; or
(b) declaration to the effect that the name of the foreign home port has been marked on the stern of the vessel in lieu of the name Bridgetown, Barbados.
(12) A Barbados fishing vessel bareboat chartered-out to a foreign registry shall,
notwithstanding such registration, continue to be subject to the payment of all the fees in respect of the fishing vessel.
(13) Notwithstanding that a Barbados registered fishing vessel may bareboat
charter-out to a foreign registry, all matters with respect to title over the vessel, mortgages and encumbrances shall continue to be governed by the laws of Barbados which includes the provisions of the International Convention on Maritime Liens and Mortgages 1993.

(14) Any transaction affecting the title over the fishing vessel or relating to the
registration, amendment, transfer and transmission and discharge of mortgages shall be made and registered in accordance with the provisions of this Act and only by the person specified therein.
(15) The registration of any mortgages or encumbrances in the foreign bareboat
charter registry shall be void.
(16) The Registrar or the Chief Fisheries Officer, as the case may be, may
withdraw the consent referred to in subsection (1), if any of the applicable provisions of this Act are not complied with and the Principal Registrar or Chief Fisheries Officer, as the case may be, shall withdraw the consent, if
(a) the Minister, in the national interest or in the interest of Barbados fishing industry and after giving the owners and the charterers of the fishing vessel a reasonable opportunity to make representations, has ordered the Registrar to withdraw the consent;
(b) any of the conditions required to be fulfilled in terms of subsection (2) are not so fulfilled; or
(c) the charter terminates or is terminated by any party to it.

(17)
(16)

Upon the withdrawal of the consent of the Registrar under subsection

(a) the Registrar or the Chief Fisheries Officer, as the case may be, shall inform the appropriate authorities of the bareboat charter registry, the owners and the charterers of the withdrawal; and
(b) the bareboat charter-out registration shall be terminated.
(18) Upon the termination of the bareboat charter registration
(a) the Registrar or Chief Fisheries Officer, as the case may be, shall make an entry to that effect in the appropriate register, and the fishing vessel shall be subject to all the provisions of the laws of Barbados;

(b) within 30 days from the termination of such registration the owners shall make and deliver a declaration to the Registrar or Chief Fisheries Officer, as the case may be, that the certificate of bareboat charter registration has been surrendered to the foreign bareboat charter registry, and the Registrar or Chief Fisheries Officer, as the case may be, unless the registry of the fishing vessel elsewhere under this Act is also being closed shall deliver to the owners the certificate of registry which had been surrendered to him in accordance with subsection (2); and
(c) within 30 days from the termination of such registration the owners shall deliver to the Registrar or Chief Fisheries Officer, as the case may be, a transcript or an extract of the register showing that the bareboat charter registration has been cancelled.

Duration of bareboat charter-out

412.(1)

The duration of the charter-out period shall be for a period not

exceeding the duration of the bareboat charter or the expiry date of the present registry, if any, whichever is shorter but in no case shall the period exceed 5 years.
(2) To renew the bareboat charter-out period, on expiry of duration of the
bareboat charter in subsection (1) the following are required:
(a) an addendum to the Charter Party Agreement; and
(b) consent from the primary registry.

Payment of fees during charter-out period

413. A Barbados registered fishing vessel bareboat chartered-out to a
     foreign registry continues to be subject to the payment of all prescribed fee in relation to the fishing vessel.

PART XLIII

BARBADOS INSTITUTE FOR FISHERIES AND FISHERIES-RELATED STUDIES

Establishment of Barbados Institute for Fisheries and Fisheries- related Studies

414.(1)

At any time after the entry into force of this Act, the Minister may

after consultation with the Chief Fisheries Officer and other stakeholders, and with Cabinet’s approval, establish an institute to be known as the Barbados Institute for Fisheries and Fisheries-related Studies in this Act referred to as the “Institute”.
(2) The objectives of the Institute shall include
(a) providing education in fisheries, including technical and vocational training and other allied fields of learning and research scholarship;
(b) advancing fisheries specific life long learning for national, regional and international interests;
(c) undertaking extension fisheries oriented education programmes and promoting student exchange opportunities between the Institute and other regional and international institutions offering fisheries oriented programmes;
(d) formulating new courses in academic, scientific, technical and vocational disciplines, in alignment with advancements in these respective fields;
(e) being a centre of excellence, having a leading role in human resources and career development in the fishing industry, and various sectors within the industry;
(f) assisting in the continued sustainable management and development of Barbados’ fishing industry; and

(g) performing such other functions in support of national development in fisheries, including continued advancement of fisherfolk and the fishing industry.
(3) Where effect is given to subsection (1), the Chief Fisheries Officer, in
consultation with relevant stakeholders shall develop a governing instrument to be known as the Charter of the Barbados Institute for Fisheries and Fisheries- related Studies.
(4) All administrative, management, operational and regulatory aspects of the
Institute shall be carried out in accordance with the Charter.
(5) In addition to the Charter, such other instruments in respect of the Institute
may be developed as necessary to ensure the continued proper and effective governance of the Institute and its activities.

PART XLIV

APPLICATION OF INTERNATIONAL AND REGIONAL FISHERIES INSTRUMENTS

International fisheries instruments to have force of law

415. The following international fisheries instruments shall have the force
     of law in Barbados
     (a) United Nations Convention on the Law of the Sea (UNCLOS), 1982;
     (b) United Nations Agreement on Straddling and Highly Migratory Fish Stocks (UNFSA);
     (c) FAO Code of Conduct on Responsible Fisheries;
     (d) FAQ Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated (IUU) Fishing, 2009;

(e) International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995; and
(f) ILO Work in Fishing Convention, 2007.

Cape Town Agreement of 2012 on International Convention for the Safety of Fishing Vessels

416. The Cape Town Agreement on the implementation of the provisions
     of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels shall, when it enters into force internationally have the force of law in Barbados.

Ambulatory Reference

417. In respect of international Conventions given force of law under this
     Act any reference to those Conventions shall be construed as
     (a) a reference to those Conventions and Protocols as modified from time to time; and
     (b) if those Conventions and Protocols are replaced in whole or in part by another instrument, as a reference to that instrument.

Regional fisheries agreements

418. Regional fisheries agreements to which Barbados is party shall be
     complied with to the extent practicable.

Conventions prevail

419. Where this Act conflicts with any international fisheries conventions
     to which Barbados is party, namely fisheries-related conventions of the International Maritime Organization, International Labour Organization or the Food and Agriculture Organization of the United Nations, the conventions and any pursuant international regulations prevail unless the Minister otherwise provides by such regulations as he may make.

Extent of application of international fisheries legal and policy frameworks

420. International fisheries legal and policy frameworks apply to the extent
     necessary for ensuring adherence to international best practices, and compliance with international standards in the fisheries sector; giving due regard to the capacity, capability, resources and other local circumstances peculiar to the national fisheries sector.
     PART XLV MISCELLANEOUS
     Non-payment of Fees

Non-payment of fees

421.(1)

A person who operates a fishing vessel and owes any fees shall pay

all outstanding fees to the Fisheries Division within 12 months of the commencement of this Act.
(2) A person who fails to comply with subsection (1) shall be charged a fee of
$10 for each day he fails to pay all outstanding fees.
(3) Notwithstanding subsection (1) or (2), a person who is unable to settle
outstanding fees may write to the Chief Fisheries Officer stating reasons for non- payment of fees and make a request to enter into a settlement arrangement.

Environmental and Social Impact Assessment

Environmental and social impact assessment

422.(1)

An environmental and social impact assessment shall be undertaken

in respect of certain fisheries specific activities or projects, based on the type of activity or project and its environmental and social implications.
(2) A determination as to whether an environmental and social impact
assessment should be carried out is to be determined by the Chief Fisheries Officer, in consultation with relevant stakeholders.
(3) An environmental and social impact assessment shall be accompanied by
an environmental and social management plan, which shall be submitted to the Chief Fisheries Officer along with the application in relation to the fisheries specific activity or project.
(4) The environmental and social management plan shall document
(a) mitigation and management measures specific to the environmental impacts of the applicant’s proposed activities; and
(b) mitigation and management measures specific to the social impacts of the applicant’s proposed activities.

Fisheries Sector Investment Schemes

Entry into fisheries sector investment schemes

423.(1)

The Chief Fisheries Officer may, as directed by the Minister, subject

to Cabinet’s approval, facilitate entry into investment schemes in respect of any sub-sector within the fisheries sector, excluding the aquaculture and mariculture sectors.
(2) The Chief Fisheries Officer may, in consultation with the Minister and
interested investors, develop and manage schemes directed at investment for development of Barbados’ fishing industry.

Binding nature of fisheries sector investment scheme

424. A fisheries sector investment scheme is legally binding on all parties
     to the scheme where
     (a) the terms, conditions and other matters pertaining to the scheme have been agreed to in writing by the parties to the scheme; and
     (b) the scheme is validated in accordance with this Act.

Validity of the scheme

425. A fisheries sector investment scheme is valid for the purposes of this
     Act where it is registered with the Fisheries Division.

Particulars of the scheme

426.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)

(j)
(k)

The scheme shall detail the following particulars: parties to the scheme;
duration of the scheme;
scope of activities to be undertaken within the scheme; rights and responsibilities of all parties to the scheme;
insurance or other form of equivalent financial security for the venture; benefit sharing arrangements;
duty free concessions;
fisheries research, training and knowledge transfer;
environmental and ecosystem protection and restoration measures, as appropriate;
use of traditional fisheries knowledge;
specific actions that will be undertaken to promote corporate social responsibility, in furtherance of Part XXVII of this Act;

(l) dispute settlement arrangements; and
(m) any other relevant particulars as determined by the parties to the scheme.

Compliance requirements for scheme parties

427.
(a)
(b)
(c)
(d)
(e)

Parties to the scheme shall comply with national fisheries policies and laws; fisheries management plan;
marine spatial planning requirements;
maritime boundary and jurisdictional rights; and international best practices on fisheries.

Scheme restrictions

428.(1)
would be
(a)

(b)

A fisheries sector investment scheme shall not be concluded where it

disadvantageous to the local fishing industry or other marine users or uses; or
otherwise detrimental to the cultural development or environmental, economic or social interests of Barbados.

(2) The Chief Fisheries Officer shall hold stakeholder consultations prior to
concluding a fisheries sector investment scheme.
(3) Where after entering into and operationalizing a fisheries sector investment
scheme, its disadvantages become apparent, the scheme may be temporarily suspended to allow for rectification of the matters causing the identified disadvantages.

(4) Subsection (3) shall not come into effect unless
(a) a request for temporary suspension of the scheme is made in writing to the Minister by the affected person or group of persons; or
(b) the request is accompanied by reasons and supporting evidence.
(5) Where the identified disadvantages cannot be wholly remedied, the
Minister shall ensure that an equitable compromise is agreed to in writing, and the fisheries sector investment scheme is modified accordingly.

Fisheries Subsidies

Fisheries subsidies

429.(1)

The Minister may, in consultation with the Chief Fisheries Officer,

stakeholders other agencies, where it is the best interest of Barbados’ fishing industry, facilitate entry into agreements on fisheries subsidies.
(2) Notwithstanding subsection (2), any agreement on fisheries subsidies that
may result in
(a) fisheries stock depletion;
(b) negative impacts on the marine ecosystem;
(c) economically, socially or otherwise disadvantage fisherfolk;
(d) unsustainable development of Barbados’ fishing industry,
shall not be entered into.
(3) The Minister shall, in consultation with the Chief Fisheries Officer, ensure
appropriate mechanisms for managing fisheries activities within the context of a fisheries subsidies agreement are in place.

Disclosure of Information

Disclosure of information

430.
receives to

The Chief Fisheries Officer may disclose information which he

(a) an authorized official; or
(b) a duly authorized representative of the government of another country,
in connection with the enforcement of this Act or any other law of Barbados.

Prohibition of publication or disclosure of information by unauthorized persons

431.(1)

No person shall, without the consent in writing given by the Chief

Fisheries Officer, publish or disclose to any person other than in the course of his duties, or when lawfully required to do so by any court or under any law, the contents of any document, communication or information whatsoever, which relates to, and which has come to his knowledge in the course of his duties under this Act.
(2) Any person who contravenes subsection (1) is guilty of an offence and is
liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.
(3) Any person having information which to his knowledge has been published
or disclosed in contravention of subsection (1) who unlawfully publishes or communicates any such information to any other person, is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.
(4) The consent of the Chief Fisheries Officer under subsection (1), shall not
be unreasonably withheld.

Confidentiality

432.(1)
(a)

(b)

No employee or agent of the Fisheries Division shall
use, either directly or indirectly, any confidential information obtained as a result of his relationship with the Fisheries Division for his own benefit or advantage; or
disclose confidential information obtained as a result of his relationship with the Fisheries Division to any person other than

(i) an authorized official; or
(ii) a duly authorized representative of the government of another country in connection with the enforcement of this Act or another law of Barbados.
(2) A person who receives confidential information from a person specified
in subsection (1) is subject to the provisions of this section as if he were a person specified in subsection (1).
(3) A person who contravenes this section is guilty of an offence and is liable
on summary conviction to a fine of $50 000 or to imprisonment for 6 months or to both.

Publication of information

433. The Chief Fisheries Officer may publish in the Official Gazette and
     in a daily newspaper published and circulating in Barbados and, in such form as may be appropriate, any information which the he considers to be of public interest.

Suspension, Cancellation or Revocation of Licences, Permits etc.

Suspension, cancellation; revocation or variation of licences, permits, etc.

434. The Chief Fisheries Officer, after consultation with the Minister, may
     suspend, cancel, revoke or vary any licence, permit or other instrument issued by him pursuant to this Act or any other enactment in respect of any contraventions by the holder of such licence, permit or other instrument.

Restriction on grant of licence, permit, etc.

435.(1)

A permit, licence or other instrument shall not be issued or endorsed

as valid to an applicant who is under the age of 18 years.
(2) Notwithstanding anything contained in this Act or any other enactment, no
permit, licence or other instrument shall be issued to a person, the results of whose environmental and social impact assessment shows negative impacts which
(a) are irreversible;
(b) no alternatives have been identified in order that the activity or project may proceed via an alternative means, so that the negative impacts may be avoided;
(c) has significant difficulties in adequately dealing with uncertainties; and
(d) for other reasons, specified in writing by the Chief Fisheries Officer,
would not be in the best interest of Barbados.
(3) Notwithstanding anything contained in this Act or any other enactment, no
permit, licence or other instrument shall be issued to a person who lacks the financial capacity and technical competence required to successfully carry out the activities or projects to which the application relates, the effect of which, in the opinion of the Chief Fisheries Officer, makes it undesirable that he be issued with a permit, licence or other instrument.

(4) Notwithstanding anything contained in this Act or any other enactment, no
permit, licence or other instrument shall be issued to a person who has an unsatisfactory track record in performance or execution of activities or projects the effect of which, in the opinion of the Chief Fisheries Officer, makes it undesirable that the person be issued with a permit, licence or other instrument.
(5) The Chief Fisheries Officer may require at the time of any application
submitted to him, that a reference or testimonial from such number of persons or entities whom the applicant previously undertook similar activities or a similar project be submitted along with the application to the Chief Fisheries Officer.
(6) Nothing in this section precludes the Chief Fisheries Officer from carrying
out any background checks in relation to any applicant.

Miscellaneous

Transfer of functions outside of Barbados

436. The Chief Fisheries Officer may, with the approval of the Minister,
     where he considers it justifiable, authorize an entity or competent person outside Barbados to perform specified regulatory oversight responsibilities on behalf of the Fisheries Division.

Fisheries management and conservation measures

437. Where necessary, fisheries management and conservation measures
     may include
     (a) closed seasons and closed areas for species;
     (b) prohibited fishing areas or prohibited fishing methods;
     (c) limitations on the types of gear, number and type of fishing vessels, licences to engage in fishing;
     (d) limitations on the amount, size, age and other characteristics and species of fish that may be caught, landed or traded;

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(n)

(o)

(p)
(q)

regulation of the landing of fish and providing for the management of fish landing facilities;
regulation of trade in endangered fisheries species of fish and fish products;
prohibiting the possession, importation or manufacture of prohibited gear;
mitigating vulnerabilities, building resilience and aiding in quick recovery from impacts such as hurricanes and climate change;
integration of fisheries into national environmental, coastal, economic, social and marine planning and discussions;
prevention of pollutants, such as oils, sewage, garbage, agro-chemical and toxic substances from entering the marine environment;
protection of critical fisheries resources and their habitats from destruction, degradation, pollution and other negative impacts;
rehabilitation of overfished fisheries resources and ecosystems as far as possible;
ensuring that the activities in the fishery do not undermine the effectiveness of conservation and management measures;
monitoring, control and surveillance of fishing activities in the waters of Barbados and vessels flying the flag of Barbados, wherever the vessel may be;
cooperation at the national, regional and international levels to promote conservation and management and ensure responsible behaviour at all levels of the value chain;
protection of the rights of fishers and other fisheries workers;
provision of measures to ensure conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, when engaging in fishing activities in such areas; or

(r) any other measures consistent with the objective and principles of this Act and any enactments made under this Act.

Regulations

438.(1)

The Minister may make regulations generally for the sustainable

management and development of fisheries, aquaculture and mariculture in Barbados and in particular, for the following:

(a)
(b)
(c)

(d)

(e)
(f)
(g)
(h)

(i)

(j)

(k)

(l)

mesh sizes, types, use and storage of fishing gear; fishing methods, closed seasons, closed areas;
fishing effort and minimum sizes of fish that may be caught and retained;
use of fish aggregating devices and activities around fish aggregating devices;
standards for aquaculture and mariculture;
maximum allowable catches for all or any specified fisheries; fees to be paid for services under this Act;
catching and utilization of fish taken incidentally when fishing for a species for which a licence has been issued;
registration and licensing of fishing gear, fishing vessels, fisheries workers, fisheries associations, recreational fishing clubs, fishing entities and other fisheries related activities;
data and information to be collected or submitted on fishing and fishing related activities;
use of underwater breathing apparatus, spear guns or other similar devices;
export of fish, aquatic flora or fish products;

(m) regulating the landing, marketing and distributing of fish or aquatic flora including
(i) the control, management and regulation of any undertaking established by the Government for the marketing and distribution to the public of any fish, aquatic flora or fish products; and
(ii) the control, management and regulation of the premises and adjacent waters at which such undertaking is conducted;
(n) implementation of any agreement or arrangement entered into under this Act
(o) recreational fishing and related activities;
(p) regulating
(i) the taking, injuring or destroying of coral and shells outside any restricted area;
(ii) the setting of fishing fence;
(iii) the taking of ornamental fish;
(iv) aquaculture operations; and
(v) taking or injuring any endangered species;
(q) prescribing measures for the protection of turtles, lobsters, conchs, sea- eggs and endangered or threatened species and their habitats;
(r) measures for the safety of Barbados registered fishing vessels and fishermen;
(s) inspection and certification of fishing vessels;
(t) particulars to be recorded in the registers of fishing vessels, fisheries workers and fisheries establishments;
(u) standards for
(i) construction or alteration of Barbados registered fishing vessels;

(ii) display of registration and identification marks on fishing vessels;
(iii) stability and seaworthiness of fishing vessels;
(iv) safety equipment and other equipment to be carried on fishing vessels;
(v) sanitary conditions of fishing vessels;

(v)
(w)
(x)

(y)

(z)

use and protection of the marine genetic resources; use of fish and fishery products in the spa industry;
use of fish and fishery products in cosmetic, biomedical and pharmaceutical applications;
for the development, deterrence and elimination of marine living resources and fisheries related crimes;
the prevention of food fraud practices in fisheries;

(aa) respecting international see going fishing vessels registered under Part XIV;
(bb) respecting the payment of annual tonnage tax by vessels registered under Part XIV; and

(cc)

any other matter that is by this Act required or authorized to be prescribed.

Fishing industry notices

439. The Chief Fisheries Officer may issue a fishing industry notice to
     facilitate the administration of this Act.

Fisheries sector management directives

440. The Chief Fisheries Officer may, with the approval of the Minister,
     issue fisheries sector management directives.

Amendment of Schedules

441. The Minister may by order amend the Schedules to this Act.

Power to waive fees

442. The Minister may by order waive any fees imposed under this Act or
     any enactment made under this Act.

Transitional

443. With effect from the commencement of this Act, a person who
     immediately before the commencement of this Act was engaged in the operation of a fishing vessel or otherwise engaged in fisheries activities to which this Act applies shall within 18 months after the commencement of this Act, comply with the provisions of this Act.

Repeal 444.

The Fisheries Act, Cap. 391, is hereby repealed.

FIRST SCHEDULE

Fisheries Advisory Council

(Section 8(3))

1.(1)

The Fisheries Advisory Council shall comprise 13 members appointed

by the Minister by instrument under the public seal.
(2) The members of the Council are as follows:

(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)

(i)
(j)
(k)
(l)
(m)

a person with expertise in commercial fishing; a person with expertise in recreational fishing; a person with expertise in aquaculture;
a person with expertise in fisheries management;
a person with expertise in conservation of aquatic resources; a person with expertise in fish marketing;
a person with expertise in project preparation and financing;
a person with expertise in international fisheries and fisheries related matters;
a person with expertise in fisheries legislation; a person with expertise fish processing;
a representative from the fisherfolk organization; the Chief Fisheries Officer, ex officio; and
the Senior Manager of Markets, ex officio.

(3) The Minister shall appoint a member to be the Chairman and another
member to be the Deputy Chairman.

2. A member of the Council holds office for a term of 3 years unless he
   dies, resigns or has his appointment revoked before the end of that term, but

(a)

(b)

3.

a person who is appointed to fill a vacancy created by the death, resignation or removal from office of a former member shall hold office only for the unexpired portion of the term of that former member;
every member is, on the expiration of the term of his appointment, eligible for re-appointment for a further term.

The Minister may, in writing, grant leave of absence to a member of

the Council, and may appoint a person to act temporarily in the place of that member.

4. A member of the Council, other than the Chairman, may resign his
   office by instrument in writing addressed to the Minister and transmitted through the Chairman and from the date of the receipt of the instrument by the Minister that member ceases to be a member of the Council.
5. The Chairman may resign his office by instrument in writing
   addressed to the Minister and from the date of the receipt of the instrument by the Minister the Chairman ceases to be Chairman and, where the instrument so specifies, ceases to be a member.
6. The Council shall meet on such days and at such times and places as
   may be expedient for the transaction of business.
7. The Chairman, or in the event of his being absent from Barbados or
   for any reason unable to act, the Deputy Chairman, may call a special meeting of the Council and is required to call such a meeting within 7 days after receiving a notice to do so by any 4 members.
8. Five members shall constitute a quorum.
9. Decisions of the Council shall be by a majority of votes and where the
   voting is equal, the officer presiding at the meeting shall, in addition to his original vote, have a casting vote.
10. Minutes of each meeting shall be kept by the Secretary or other person
    appointed by the Council for the purpose, and confirmed by the Council at its next meeting, and signed by the officer presiding at that meeting.
11. The Council may invite persons to attend any of its meetings for the
    purpose of assisting or advising it in respect of any matter but a person so invited does not have a right to vote.

12.(1)
(a)

(b)

The Seal of the Fisheries Advisory Council shall be
kept in the custody of the Chairman or the Deputy Chairman or such officer of the Council as the Council may approve, and may be affixed to instruments pursuant to a resolution of Council and in the presence of the Chairman or Deputy Chairman and any other member of the Council; and
authenticated by the signature of the Chairman or the Deputy Chairman and of the other member of the Council in whose presence it was affixed, and such Seal shall be officially and judicially noticed.

(2) All documents, other than those required by law to be made under seal,
made by, and all decisions of the Council shall be signified under the hand of the Chairman or any member of the Council authorized to act in that behalf or by the Secretary.

13. Subject to this Schedule, the Council may regulate its own
    proceedings.

SECOND SCHEDULE

(Section 22)

Sustainable Fisheries Management and Development Act, 2025
(Act 2025-10)

Fisheries Sector Census

Seafood Harvesting Sector Annual Census

1. General Information

Individual/company name:
Seafood harvesting methods:
Wild capture fish targets:
Aquaculture fish targets:
Mariculture fish targets:
Harvesting seasons:

Second Schedule – (Cont’d)

Seafood Processing Sector Annual Census

2. General Information

Individual/Company name:
Name of site/facility/unit:
Site/facility/unit address:
Name of company contact person:
Name of site contact person:
Email address:
Phone number:
NB: If your company operates multiple fish processing sites, please complete a survey sheet for film site and include the address for each site.
Processing Activity

3. With regards to wild-capture fisheries, aquaculture fisheries or mariculture fisheries, which of the following activities are you or your company involved in? (tick all that apply)
   processing trading/wholesaling retailing exporting
4. If you included processing, approximately what portion of the annual turnover this year will be from fish processing (as opposed to trading/wholesaling, retailing, exporting, etc.)?

Second Schedule – (Cont’d)

5. Details on type of fish processed

Second Schedule – (Cont’d)

6. Which types of processing are undertaken on your site? (tick all that apply)

Primary cutting chilling
filleting heading/gutting
Primary (shellfish-specific) picking shucking washing
trimming peeling
Secondary freezing brining
canning deboning

vacuum/controlled packaging marinating smoking
breading battering
making ready meals/cooking
Sources and Supply

7. Approximately what portion of your total raw materials (in terms of value) and what portion of your product sales (in terms of value), are from/to Barbados and the and the rest of the world, respectively:

Source of raw materials and sales of your products:

Raw Materials Source (%) Product Sales (%) Geographic Region
Local Regional International

Second Schedule – (Cont’d)

8. Does your processing business use fishing vessels owned by you or the processing business?

Yes

No

If yes, how many vessels are owned by you?

If you included importing or exporting, which countries are you currently importing from or exporting to?

Current Workforce Composition

9. How many workers (including administrative and support staff) are employed at your site (if managing a site)? Permanent (full-time) Permanent (part-time) Seasonal
   Male
   Female
   Other

Second Schedule – (Concl’d)

Seasonal Workforce (if applicable)

10. During which months do you employ seasonal workers and for what duration?

Month Duration of Work
January weeks
February weeks
March weeks
April weeks
May weeks
June weeks
July weeks
August weeks
September weeks
October weeks
November weeks
December weeks

THIRD SCHEDULE

Oath

THIRD SCHEDULE

(Section 102(5))

(Section 102(5))

Sustainable Fisheries Management and Development Act, 2025
(Act 2025-10)

Oath

I, , being Master or in command of the
(insert the name of the person swearing) (insert type of vessel)

or vessel called the , Official No. owned by
(insert the name of the vessel) (insert No.)

 of  do swear/affirm that the

(insert the name of the owner) (insert domicile of the owner)

said fishing vessel has been, as I verily believe, registered according to the law of Barbados by the

name of , and that a Permanent/Provisional Certificate of
(insert the name of the vessel)

Registry bearing No. was issued for such vessel pursuant to the laws of
(insert No. of lost Certificate)

Barbados at on , which
(insert place of issuance of lost Certificate) (insert date of issuance of lost Certificate)

Certificate has been lost/destroyed; and that the same, if found, and within my power, will be delivered up to the Principal Registrar of International Sea-going Fishing Vessels.

FOURTH SCHEDULE

(Section 328(1)(b))

Sustainable Fisheries Management and Development Act, 2025
(Act 2025-10)

PART 1

Information to be included in a Transshipment Declaration Unique Identifier

Element Donor Vessel Receiving Vessel

1. Vessel name:
2. Flag State:
3. Vessel type (ISSCFV):
4. IMO number, required if eligible:
5. External ID, if available:
6. Registration ID, if different to above:
7. International Radio Call Sign, if available:
8. MMSI number, if available:

Fourth Schedule – (Cont’d)

Element Donor Vessel Receiving Vessel

9. Vessel owner/company information:
   Name:
   Address:
   Phone number:
   Email:
10. Vessel contact information:
    Name of master:
    Nationality:
    Phone number:
    Email:
11. Transshipment authorization identifier, if any:
12. Transshipment authorization issued by:
13. Transshipment authorization period of validity:
14. Time and date of the transshipment:
    Start date (day/month/year):
    End date (day/month/year):

Fourth Schedule – (Cont’d)

Element Donor Vessel Receiving Vessel

15. Transshipment location:
    Name of Port:
    Position at sea (latitude, longitude):
16. VMS tracking:
17. Quantities on board prior to transshipment:
    Catch area(s):
    RFMO/Arrangement(s)/geographical location:
    FAO Statistical area:
    Species (FAO/ASFIS codes):
    Product form (preservation and presentation type):
    Estimated Quantity (weight):
18. Transshipped fish:
    Catch area(s):
    RFMO/Arrangement(s)/geographical location:
    FAO Statistical area:
    Species (FAO/ASFIS codes):
    Product form (preservation and presentation type):
    Estimated Quantity (weight):

Fourth Schedule – (Cont’d)

Element Donor Vessel Receiving Vessel

19. Fish remaining on board after transshipment:
    Catch area(s):
    RFMO/Arrangement(s)/geographical location:
    FAO Statistical area:
    Species (FAO/ASFIS codes):
    Product form (preservation and presentation type):
    Estimated Quantity (weight):
20. Observer’s name and signature on board, if present:
21. Signature:
    Master’s signature:
    Master’s stamp and Juli name:
    Note: International codes as per PSMA Annex D, (d), as applicable.
    *Rules should be established by relevant authorities and RFMO/As to ensure consistency in how weight is reported by both donor and receiving vessels.

Fourth Schedule – (Cont’d)

(Section 328(1)(b))

Sustainable Fisheries Management and Development Act, 2025
(Act 2025-10)

PART 2

Information to be included in a Landing Declaration Unique Identifier

1. Vessel Name:
2. Flag State:
3. Vessel Type (ISSCFV):
4. IMO number, required if eligible:
5. External ID, if available:
6. Registration ID, if different to above:
7. International Radio Call Sign, if available:
8. VMS Tracking:
9. MMSI number, if available:

Fourth Schedule – (Cont’d)

Element

10. Vessel Contact Information:
    Master’s or vessel’s representative:
    Phone number:
    Email:
11. Vessel master name and nationality:
12. Vessel owner/company information:
    Name:
    Address:
    Phone number:
    Email:
13. Port State:
14. Port of Landing:
15. Date and Time of Landing:
16. Landed Fish:
    Catch area(s):
    Species (FAO/ASFIS Codes):
    Product form (presentation and preservation type):
    Quantity (weight):

Fourth Schedule – (Concl’d)

Element
Next destination, if applicable/available:
Next mode of transport and transport ID, if applicable/available:

17. Fish retained on board (not landed):
    Catch area(s):
    Species (FAO/ASFIS Codes):
    Product form (presentation and preservation type):
    Quantity (weight):
18. Competent port authority:
19. Date of inspection, if any:
20. Signature:
    Note: International codes as per PSMA Annex D, (d), as applicable.
    *Rules should be established by relevant authorities and RFMO/As to ensure consistency in how weight is reported by both donor and receiving vessels.

SUSTAINABLE FISHERIES MANAGEMENT AND DEVELOPMENT (SEAFOOD MARKETS AND BUSINESSES) ACT, 2025-11

Arrangement of Sections PART I PRELIMINARY

1. Short title
2. Interpretation

PART II SEAFOOD MARKETS

3. Establishment of a seafood market
4. Register of seafood markets
5. Services and fees
6. Sales in public seafood markets
7. Application for seafood market sellers’ licence
8. Power to charge for the use of stalls, etc.
9. Assaulting or obstructing an officer
10. Disorderly behaviour in public seafood markets
11. Power of security guard

PART III SEAFOOD BUSINESSES

12. Register of seafood businesses
13. Application for licence
14. Requirement for SSCTVC: initial survey
15. Requirement for SSCTVC: renewal survey
16. Periodic inspections

PART IV
PROCESSORS OF FISH AND OTHER SEAFOODS

17. Fish processors scheme
18. The purpose of the scheme
19. Requirements for participation in the scheme
20. Notification of the scheme to the Ministry of Finance

PART V
FISHING TRAWLING COMMERCIAL OPERATIONS

21. National register of fishing trawlers
22. Barbados fishing trawler’s programme
23. Reasons for the programme
24. Requirements for participation in and benefiting from the programme
25. Foreign-registered fishing trawlers
26. Fishing trawler’s licence
27. No-trawl areas
28. No-trawl seasons
29. Fish trawling protection and management
30. Penalty

PART VI
TRADITIONAL FISHERIES KNOWLEDGE COMMERCE

31. Access to traditional fisheries knowledge
32. Traditional fisheries knowledge commercial enterprise programme
33. Scope of traditional fisheries knowledge commercial enterprise programme

PART VII ENFORCEMENT

34. General powers of authorised officers
35. Powers of an authorized officer
36. Power to seize and destroy tainted or unwholesome seafood

PART VIII MISCELLANEOUS

37. Application of international seafood safety standards
38. Seafood event permit
39. Application for a seafood event permit
40. Suspension, cancellation, or revocation of licences, permits, etc.
41. Regulations
42. Fishing industry notices
43. Codes of practice and guidelines
44. Amendment of schedules
45. Power to waive fees

FIRST SCHEDULE
Application for Seafood Seller’s Licence

SECOND SCHEDULE
Seafood Supply-Chain Transparency Verification Certificate (SSCTVC)

THIRD SCHEDULE
Endorsement of SSCTVC

BARBADOS

I assent
J. GIBSON
Acting President of Barbados 5th May, 2025.

2025-11

An Act to provide for
(a) a regulatory regime for the management and operation of seafood markets and seafood businesses;
(b) a regulatory system for the management of the seafood supply chain sector; and
(c) related matters.

[Commencement: 12th May, 2025]

ENACTED by the Parliament of Barbados as follows:

PART I PRELIMINARY

Short title
1.

This Act may be cited as the Sustainable Fisheries Management and

Development (Seafood Markets and Businesses) Act, 2025.

Interpretation

2.(1)

In this Act,

“aquaculture” has the meaning assigned to it by the Sustainable Fisheries Management and Development Act, 2025 (Act 2025-10);
“authorized officer” has the meaning assigned to it by the Sustainable Fisheries Management and Development Act, 2025 (Act 2025-10);
“Chief Fisheries Officer” means the public officer appointed under section 3 of the Public Service Act, Cap. 29;
“cold store” means any premises or place used for keeping and preserving by a refrigerating process any fish or other articles intended for human consumption;
“fishery protection officer” has the meaning assigned to it by the Sustainable Fisheries Management and Development Act, 2025 (Act 2025-10);
“fishing industry notice” has the meaning assigned to it by the Sustainable Fisheries Management and Development Act, 2025 (Act 2025-10;)
“fishing trawler” means a factory vessel that catches and processes seafood on board;

“fishing trawler’s licence” means a fishing trawler licence issued under section 26;
“mariculture” has the meaning assigned to it by the Sustainable Fisheries Management and Development Act, 2025 (Act 2025-10);
“maritime law enforcement officer” means
(a) a member of the Marine Police Unit of the Barbados Police Service; and
(b) an officer or soldier of the Barbados Defence Force serving as a member of the Barbados Coast Guard pursuant to section 208 of the Defence Act, Cap. 159;
“marketable commodities” mean fish;
“Minister” means the Minister responsible for Fisheries;
“primary seafood processing” means physically altering the body of seafood for human consumption by the following methods:

(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)

removing the heads and fins; scaling;
eviscerating or gutting; skinning;
filleting; de-boning;
producing cuts;
removing shells or cephalothoraxes; or
any other similar method of primary seafood processing;

“primary seafood processor” means a person or an organization that processes seafood using any of the primary seafood processing methods;

“SSCTVC” means seafood supply-chain transparency verification certificate “seafood” means
(a) any marine, estuarine or freshwater fish;
(b) any other aquatic vertebrate animal, except crocodile;
(c) any aquatic invertebrate animal;
(d) any product of animals referred to in paragraphs (a) to (c); or
(e) any other food or class of food prescribed to be seafood for the purposes of this Act;
“seafood business” means a business that
(a) is registered in accordance with the Companies Act, Cap. 308; and
(b) not less than 90 per cent of its production involve the processing and handling of seafood intended for human consumption;
“seafood markets” mean public markets established for the sale of marketable seafood commodities;
“seafood markets sellers’ licence” means a licence issued under section 7; “secondary seafood processing ”
(a) means the modification of seafood for human consumption by
(i) smoking;
(ii) salting;
(iii) fermenting;
(iv) breading;
(v) forming;
(vi) battering;
(vii) canning; or

(viii) any other similar method of secondary seafood processing; and
(b) includes the processing of seafood for
(i) animal feed;
(ii) fertilizer;
(iii) silage;
(iv) leather; and
(v) any other non-human consumption purpose;
“secondary seafood processor” means a person or an organization that processes seafood using any of the secondary seafood processing methods; and
“traditional fisheries knowledge commerce” means any commercial enterprise that exchanges traditional fisheries knowledge for payment.

PART II SEAFOOD MARKETS
Establishment of a seafood market

3.(1)

(a)

(b)

The Minister may
establish, maintain, manage, and regulate public seafood markets for the sale of marketable commodities; and
provide for the convenient use of such seafood markets.

Register of seafood markets

4.
markets.

The Chief Fisheries Officer shall maintain a register of all seafood

Services and fees

5. The Minister may, by regulations, make provision with respect to the
   services to be provided by seafood markets and prescribe fees for such services.

Sales in public seafood markets

6.
(a)
(b)

No person shall sell marketable commodities in a public place except such place is established as a public seafood market; and unless the person is the holder of

(i) a seafood market sellers’ licence issued by the Chief Fisheries Officer; and
(ii) a health certificate issued by the Chief Medical Officer.

Application for seafood market sellers’ licence

7. An application for the grant of a licence to sell marketable
   commodities in a seafood market shall be submitted to the Chief Fisheries Officer in the form prescribed in the First Schedule and shall be accompanied by the prescribed application fee to be published by a fishing industry notice.

Power to charge for the use of stalls, etc.

8.(1)
who

(a)

(b)

(c)

The Chief Fisheries Officer may impose a fee payable by a person

occupies or uses any stall, stand, table, shed or place in a public seafood market;
brings into any market any marketable commodity or any article which is permitted to be sold therein; and
uses any weighing or measuring instrument provided for use, and kept in any market.

(2) The fee referred to in subsection (1) shall be paid at such time and in such
manner as may be prescribed by the Chief Fisheries Officer.
(3) A fee due and owing under this section is a debt to the State and may be
recovered by the Chief Fisheries Officer in summary proceedings before the Magistrates’ Court.

Assaulting or obstructing an officer

9.
(a)
(b)
(c)

A person who assaults or obstructs the Chief Fisheries Officer;
any other Fisheries Officer; or
any person authorized to act on behalf of the Chief Fisheries Officer,

whilst in the execution of his duty, from receiving any stall rent, toll or charge is guilty of an offence and is liable on summary conviction to a fine of $7 000 or to imprisonment for one year or to both.

Disorderly behaviour in public seafood markets

10. A person who, in a public market, behaves in a disorderly manner is
    guilty of an offence and is liable on summary conviction to a fine of $1 000 or to imprisonment for one month.

Power of security guard

11. A security guard at a public seafood market may, pursuant to the
    Private Investigators and Security Guards Act, Cap. 372E, arrest without warrant, any person who behaves in a disorderly manner in a seafood market, and take the person forthwith to a police station.

PART III SEAFOOD BUSINESSES
Register of seafood businesses

12. The Chief Fisheries Officer shall maintain a register of all seafood
    businesses.

Application for licence

13.(1)

An application for the grant of a licence to carry on a seafood business

shall be submitted to the Chief Fisheries Officer in the form prescribed in the Second Schedule together with the prescribed application fee and shall include a valid
(a) food business licence issued by the Ministry of Health, with respect to that business;
(b) health certificate issued by the Ministry of Health, with respect to the seafood handler; and
(c) SSCTVC issued by the Fisheries Division, with respect to that business.
(2) Subsection (1) does not apply to a seafood business that involves primary
seafood production, until the expiration of 6 months from the date this section becomes operative.
(3) In this section, “primary seafood production”
(a) means the production of seafood by growing, raising, cultivating, picking, harvesting, collecting, or catching; and

(b) includes
(i) transporting or delivering seafood on, from or between the premises on which it was grown, raised, cultivated, picked, harvested or caught;
(ii) packing, treating or sorting seafood on the premises on which it was grown, raised, cultivated, picked, harvested or caught;
(iii) storing seafood in a silo that is not connected to a food processing operation;
(iv) transporting or delivering seafood to or between silos;
(v) selling seafood at sale yards;
(vi) transporting or delivering seafood to and from sale yards; and
(vii) any other seafood production prescribed by regulations made under this Act;
(c) but does not include
(i) any processing involving the substantial transformation of seafood whether the process is carried out on the premises where seafood was grown, cultivated, picked, harvested or caught;
(ii) selling or serving seafood to the public; or
(iii) any other prescribed seafood production activity.
(4) A person who contravenes this section is guilty of an offence and is liable
on summary conviction to a fine of $1 000 or to imprisonment for 3 months or to both.

Requirement for SSCTVC: initial survey

14.(1)

The Chief Fisheries Officer may issue a SSCTVC to enable a seafood

business to operate a service or to continue service where
(a) an initial survey has been carried out in respect of the seafood business by the Chief Fisheries Officer;
(b) the Chief Fisheries Officer is satisfied that the seafood business has a corporate policy
(i) to reduce illegal fisheries trade practices;
(ii) to promote seafood stewardship; and
(iii) to promote seafood supply-chain transparency; and
(c) there is a system to trace seafood and seafood products that are imported to or exported from Barbados.

Requirement for SSCTVC: renewal survey

15.(1)

The Chief Fisheries Officer may issue a SSCTVC to enable a seafood

business to operate or to continue to operate where
(a) a renewal survey has been carried out by the Chief Fisheries Officer;
(b) the Chief Fisheries Officer is satisfied that the corporate policy of the seafood business aims
(i) to reduce illegal fisheries trade practices;
(ii) to promote seafood stewardship; and
(iii) to promote seafood supply-chain transparency; and
(c) the Chief Fisheries Officer is satisfied that the seafood business
(i) is seafood supply-chain transparent; and
(ii) maintains a system to ensure that seafood and seafood products imported to or exported from Barbados are traceable.

(2) Renewal surveys referred to in subsection (1)(a) are to be carried out every
5 years.

Periodic inspections

16.(1)

The Chief Fisheries Officer shall ensure periodic inspections after

granting the initial SSCTVC and after each renewal SSCTVC to ensure that the requirements of the SSCTVC are continually met.
(2) Where the SSCTVC requirements in subsection (1) are met, the Chief
Fisheries Officer shall endorse the SSCTVC in the form set out in the Third Schedule.

PART IV

PROCESSORS OF FISH AND OTHER SEAFOODS

Fish processors scheme

17.(1)

There shall be a scheme known as the “National Scheme for

Processors of Fish and Other Seafoods”.
(2) The scheme shall aid the development and implementation of initiatives,
programmes and other activities to benefit fish processors and processors of other kinds of seafood.

The purpose of the scheme

18.
(a)

(b)

The purpose of the scheme is to
set standards for formalities, procedures and documentary requirements for improving efficiency in the seafood processing sector;
develop, for the consideration of the Ministry of Finance, concessionary proposals for processors of seafood;

(c) identify and develop financing and other mechanisms to facilitate international compliance in the seafood processing sector;
(d) provide a means by which input for the benefit and advancement of the sector can be made by stakeholders; and
(e) promote economic, social and sustainable development in the seafood processing sector.

Requirements for participation in the scheme

19.
(a)

(b)
(c)
(d)

(e)

Processors of seafood may participate in the scheme where
they are primary or secondary fish processors or processors of other kinds of seafood;
they are registered as participants to the scheme;
they pay a registration and an annual scheme fee of $100;
they are the holders of a seafood processor identification card, issued by the Fisheries Division; and
they comply with the requirements to participate in the scheme.

Notification of the scheme to the Ministry of Finance

20.
(a)
(b)

The Chief Fisheries Officer shall
notify the Ministry of Finance, in writing, of the scheme; and
seek to obtain concessions on behalf of the participants of the scheme.

PART V

FISHING TRAWLING COMMERCIAL OPERATIONS

National register of fishing trawlers

21.(1)

The Chief Fisheries Officer shall maintain a register called the

“National Register of Fishing Trawlers”.
(2) The following information shall be recorded in the Register of Fishing

Trawlers:
(a)

(b)

fish trawling commercial operations by Barbados-registered fishing trawlers; and
fish trawling commercial operations by foreign-registered Barbados fishery-endorsed fishing trawlers,

operating in the waters of Barbados or on the High Seas, for the benefit of Barbados.
(3) In this Part, reference to “fishing trawling” includes trawling activities that
involve processing activities.

Barbados fishing trawler’s programme

22.(1)

There shall be a programme called the “Barbados Fishing Trawler’s

programme”.
(2) The programme shall be administered and managed by the Fisheries
Division.
(3) The Chief Fisheries Officer shall create a document known as the
“Barbados Fishing Trawler’s Code of Operations” to develop the fish trawling industry in relation to
(a) the substantive and procedural elements of environmental sustainability;

(b) livelihood support; and
(c) economical viability.

Reasons for the programme

23.
(a)
(b)

(c)

(d)

The programme shall
detail monetary and non-monetary contributions made by participants;
specify benefit sharing arrangements in relation to persons engaged in fish trawling on Barbados-registered fishing trawlers;
specify benefit sharing arrangements in relation to persons engaged in fish trawling on foreign-registered Barbados fishery-endorsed fishing trawlers; and
make any other provision for the effective management, development and functioning of the programme.

Requirements for participation in and benefiting from the programme

24. Persons interested in participating in and benefiting from the
    programme shall
    (a) register as a participant to the programme;
    (b) pay a registration and an annual programme fee of $100; and
    (c) be the holder of a fishing trawler’s licence issued by the Fisheries Division.

Foreign-registered fishing trawlers

25.(1)

All foreign-registered fishing trawlers operating in the waters of

Barbados or operating on the High Seas for the benefit of Barbados, shall be endorsed as Barbados fishery-endorsed fishing trawlers.

(2) For the purposes of this Part, “Barbados fishery-endorsed” means that the
foreign-registered fishing trawler
(a) is listed in the National Register of Fishing Trawlers in accordance with section 21(2)(b);
(b) is a registered participant in the Barbados fishing trawler’s programme in accordance with section 24(a);
(c) holds a fishing trawler’s licence, issued by the Fisheries Division in accordance with section 24(c);
(d) carries a complement of Barbadian fisheries observers, nominated by the Chief Fisheries Officer in accordance with the Sustainable Fisheries Management and Development Act, 2025 (Act 2025-10); and
(e) adheres to the prescribed requirements for development and contributes to the development of the fisheries sector.
(3) For the purposes of this Part, “foreign-registered fishing trawler operating
on the High Seas for the benefit of Barbados” means that the foreign-registered fishing trawler is engaged in fish trawling with a view to provide the benefits specified in
(a) the programme referred to at section 23; and
(b) the fish trawling agreement between Barbados and the State of the foreign-registered fishing trawler.

Fishing trawler’s licence

26.(1)

No person shall carry on fish trawling unless the person holds a licence

for the purpose.
(2) An application for the grant of a licence to carry on fish trawling shall be
submitted to the Chief Fisheries Officer in the prescribed form and shall include
(a) the application fee;
(b) a certificate of seaworthiness;

(c) a fish trawling sustainable operations plan;
(d) a marine environment and species restoration plan, in respect of
(i) the area to be trawled;
(ii) the species to be caught; and
(iii) the species not intended for catch but were caught; and
(e) any other information as the Chief Fisheries Officer sees fit.
(3) Subject to this Act or any other enactment, a fishing trawler’s licence is
sufficient for a fish trawler to operate for the purposes of subsection (2)(a) and
(b).
(4) The Chief Fisheries Officer may on receiving an application for a fishing
trawlers licence
(a) request that matters identified for rectification be addressed to his satisfaction;
(b) approve the application and grant the licence; or
(c) deny the grant of a licence.
(5) Where the Chief Fisheries Officer identifies matters for rectification
pursuant to subsection (4)(a), he shall suspend consideration of the application and notify the applicant in writing of the matters for rectification.
(6) Where the Chief Fisheries Officer is satisfied that a fish trawling licence
should be issued, he shall notify the applicant in writing that the licence will be issued on payment of the prescribed fee and subject to such terms and conditions as the Chief Fisheries Officer sees fit, including
(a) obtaining environmental liability insurance for marine environmental damage;
(b) obtaining environmental liability insurance for harm to fisheries stock and habitat; or
(c) both (a) and (b).

(7) Where the Chief Fisheries Officer is not satisfied that a fish trawling licence
should be issued, the Chief Fisheries Officer shall notify the applicant in writing of the decision.
(8) A person who is denied a fish trawling licence may make a written request
for the reasons for the decision in accordance with section 14 of the
Administrative Justice Act, Cap. 109B.
(9) A fishing trawler’s licence issued under subsection (6) is not transferable.

No-trawl areas

27. The Minister, in consultation with the Chief Fisheries Officer and
    stakeholders, may identify areas in Barbados waters as no-trawl areas.

No-trawl seasons

28. The Minister, in consultation with the Chief Fisheries Officer and
    stakeholders, may declare seasons in which trawling is prohibited or restricted as no-trawl seasons.

Fish trawling protection and management

29.(1)

The Chief Fisheries Officer shall develop a fish trawling protection

plan and a fish trawling management plan.
(2) There shall be no fishing trawling except in compliance with
(a) a fish trawling protection and management plan; and
(b) a marine spatial plan.

Penalty
30.

A person who contravenes this Part is guilty of an offence and is liable

on conviction on indictment to a fine of $500 000 or 5years imprisonment or to both and in addition is liable to
(a) mandatory participation in a fisheries management protection programme; or
(b) make a financial contribution to marine environmental and species restoration.

PART VI

TRADITIONAL FISHERIES KNOWLEDGE COMMERCE

Access to traditional fisheries knowledge

31. A person with marine specific traditional knowledge may in any
    seafood market or seafood business, charge customers for access to the traditional fisheries knowledge in accordance with national maritime heritage laws.

Traditional fisheries knowledge commercial enterprise programme

32. The Minister, in consultation with the Chief Fisheries Officer, may
    develop a traditional fisheries knowledge commercial enterprise programme to facilitate the commercial exploitation of traditional fisheries knowledge to the benefit of fisherfolk and others in the seafood industry.

Scope of traditional fisheries knowledge commercial enterprise programme

33. The traditional fisheries knowledge commercial enterprise
    programme may
    (a) outline a mechanism for distributing traditional fisheries knowledge resources;
    (b) develop and exchange traditional fisheries knowledge-based products and services;
    (c) develop a system for enabling, facilitation and supporting the mobilisation, sharing or exchange of traditional fisheries knowledge among knowledge holders and users; or
    (d) specify any other activities that promote a knowledge economy in respect of fisheries.

PART VII ENFORCEMENT
General powers of authorised officers

34.(1)

An authorised officer may take any action that is necessary to ascertain

whether a seafood business is in compliance with this Act.
(2) For the purpose of subsection (1), an authorised officer may,
(a) enter, inspect and examine premises, except residential premises, if there is any document, material, equipment or vehicle found therein and there is reasonable grounds to believe that the premises are used for
(i) handling of seafood intended for sale for human consumption;

(ii) conducting a seafood business; or
(iii) conducting business in a public seafood market;
(b) enter, inspect and examine any vehicle if there are reasonable grounds to believe that it is used for
(i) handling of seafood intended for sale for human consumption;
(ii) conducting a seafood business; or
(iii) conducting business in a public seafood market;
(c) stop and detain any vehicle referred to in subparagraph (b);
(d) require a person to produce documents relating to seafood;
(e) require a person to
(i) give the person’s name and address; and
(ii) provide such other information as the authorized officer may require;

(f)
(g)
(h)
(i)

(j)

(k)

(l)

seize any document, seafood, seafood product or material; take copies or extracts from any document;
take samples of any seafood, seafood products or materials;
open or cause to be opened any package, container or receptacle that contains seafood or where there are reasonable grounds to believe that it contains seafood;
conduct or cause to be conducted an examination or analysis to determine the composition or safety of seafood;
take and analyse samples of water, soil or any thing in the environment where the seafood was handled, to determine whether the environment poses a risk to the safety of the seafood for human consumption;
take photographs, audio recordings or visual recordings;

(m) take measurements, sketches, drawings or any other type of record; or
(n) monitor functions carried out by any person holding specified qualifications.
(3) The owner of seafood examined or analysed pursuant to subsection (2)(j)
may, on payment of the prescribed fee, receive a certificate of the results of the examination.
(4) The owner of a vehicle referred to in subsection (2) shall provide an
authorized officer with any assistance necessary in the exercise of his duties under this Part.
(5) In this section, handling of seafood
(a) means
(i) harvesting or collecting seafood;
(ii) the business of aquaculture;
(iii) the business of mariculture;
(iv) maintaining live shellfish, crustaceans and echinoderms for later processing;
(v) the depuration of shellfish;
(vi) processing seafood, including skinning, gilling, gutting, filleting, shucking, smoking, preserving, canning, curing, drying, extracting, mincing, blending, slicing, mixing with other substances, cooking, other than cooking for immediate sale for human consumption without further processing, or packaging, storing and transporting; but
(b) does not include maintaining or otherwise handling live finfish for processing, or maintaining or handling live seafood for the purpose of growing.

Powers of an authorized officer

35.(1)

Where an authorized officer enters premises and suspects or has

reasonable grounds to suspect that the premises, vehicles, plant, machinery or equipment is in an insanitary substandard condition or that the seafood intended for sale for human consumption is unfit for human consumption or is a risk to public health, the authorized officer may, order
(a) the owner or operator of the business to clean and disinfect the premises, vehicle, plant, machinery and equipment;
(b) prohibit the use of specified areas of the premises, vehicles, plant, machinery or equipment;
(c) prohibit the removal of seafood from the premises for a specific period of time;
(d) search for, seize and remove the seafood; or
(e) that seafood be disposed of or destroyed.
(2) A person who contravenes this section is guilty of an offence and is liable
on summary conviction for a fine of $50 000 or to imprisonment for 12 months or to both.
(3) The Chief Fisheries Officer shall revoke the licence of a person referred
to in subsection (1).

Power to seize and destroy tainted or unwholesome seafood

36.(1)

The Chief Fisheries Officer may seize tainted or unwholesome

seafood exposed for sale in any seafood market.
(2) Subject to subsection (3), seafood seized under subsection (1) shall be
destroyed in such manner as the Chief Fisheries Officer determines.
(3) The owner of seafood seized under subsection (1) may request that the
Chief Fisheries have the said seafood examined by a veterinary officer or public health inspector and have the fitness of the seafood pronounced in his presence.

(4) Where, after the examination of the seafood in subsection (3), the seafood
is not found to be tainted or unwholesome, it shall be returned to the owner.
(5) A person who, in a seafood market, offers or exposes for sale any tainted
or unwholesome seafood, is guilty of an offence and is liable on summary conviction to a fine of $7 000 or to imprisonment for 3 months or to both.

PART VIII MISCELLANEOUS
Application of international seafood safety standards

37. The owner or operator of a seafood business shall comply with the
    following international seafood safety standards:
    (a) CODEX Alimentarius food standards;
    (b) Hazard Analysis and Critical Control Point standards;
    (c) International Organisation for Standardisation; and
    (d) any other international seafood safety standards.

Seafood event permit

38.(1)

Any person who intends to host a seafood event in any public seafood

market shall obtain a Seafood Event Permit.
(2) For the purposes of this section, a “Seafood Event Permit” means a permit
required for events specified by the Chief Fisheries Officer in a Fishing Industry Notice.

Application for a seafood event permit

39.(1)

An application for a Seafood Event Permit shall be submitted to the

Chief Fisheries Officer at least 30 days prior to the date of the event.

(2) An application referred to in subsection (1) shall contain
(a) the name, address, telephone number and email address of the event organizer;
(b) the name and type of event;
(c) the date of the event;
(d) the duration of the event;
(e) the proposed location of the event; and
(f) any other information that the Chief Fisheries Officer may require.

Suspension, cancellation, or revocation of licences, permits, etc.

40. The Chief Fisheries Officer may suspend, cancel or revoke any
    licence, permit, certificate or other instrument where the holder contravenes this Act or any condition contained in the licence, permit or other instrument.

Regulations

41.(1)
(a)

(b)

(c)

(d)
(e)

The Minister may by regulations
prescribe the fees for the grant of licences, certificates or permits for the purposes of this Act;
prescribe and regulate the pattern, description and use of weighing or measuring instruments to be used by persons selling marketable commodities in a seafood market;
provide for the prevention of nuisances and obstructions in markets and for maintaining cleanliness in markets;
prescribe goods that may be sold in any public seafood market;
prescribe, regulate, and collect fees, rents, tolls and charges payable by owners or operators who use public seafood markets;

(f)

(g)
(h)

(i)

(j)

(k)
(l)
(m)
(n)
(o)

(p)
(q)

provide for the inspection and examination of marketable commodities sold or offered for sale in public seafood market;
fix the days and hours for which public seafood markets shall be open;
impose conditions for the use of stalls, stands, tables, sheds, or places in a public seafood market;
provide for the maintenance of order and prevention of disturbances in public seafood markets;
provide for the removal and exclusion from public seafood markets of persons suffering from infectious or contagious diseases;
provide for the inspection and licensing of cold stores; provide for the licensing of seafood processors; provide for the inspection and examination of seafood;
regulate the sale of fresh seafood and seafood from cold stores;
provide for the management, governance and use of public seafood markets and cold stores;
generally for giving effect to the provisions of this Act; and
prescribe anything that is authorised or required by this Act to be prescribed.

(2) Regulations made under this Act are subject to negative resolution.

Fishing industry notices

42. The Chief Fisheries Officer may, with the approval of the Minister,
    issue fishing industry notices for the management and regulation of the seafood industry.

Codes of practice and guidelines

43. The Chief Fisheries Officer, in consultation with the fishing industry,
    health industry and the agriculture industry, may develop codes of practice and guideline to enhance the management and regulation of the seafood industry.

Amendment of schedules

44.(1)
(2)

The Minister may by order amend the Schedules.
An order made under subsection (1) is subject to negative resolution.

Power to waive fees

45. The Minister may by order wholly or partly waive any fee imposed
    under this Act.

FIRST SCHEDULE

(Section 7)

APPLICATION FOR SEAFOOD SELLER’S LICENCE

Application No.:

Name of Applicant: Address of Applicant:

Telephone numbers: (Home) (Mobile) Email address: Fisher ID No.: Company Name: Company Registration No.: Customs Registration No.:

First Schedule – (Cont’d)

CEO/Directors:

Place of operation:

First Schedule – (Concl’d)

SECOND SCHEDULE

(Section 13)

Sustainable Fisheries Management and Development (Seafood Markets and Businesses) Act, 2025
(Act 2025-11)

SEAFOOD SUPPLY – CHAIN TRANSPARENCY VERIFICATION CERTIFICATE (SSCTVC)
Issued under the authority of the Government of Barbados by the Fisheries Division Particulars:
Name of Processor of Fish or other Seafood:
(Processor’s name)

Name of Processor’s Business:
(Name of business)

Place of business operation:
(Address of business operation)

THIS IS TO CERTIFY:

1. That the seafood business has been surveyed in accordance with the Sustainable Fisheries Management and Development (Seafood Markets and Businesses) Act, 2025 (Act 2025-11).

Second Schedule – (Concl’d)

2. That the survey shows that the seafood business has one of the following:

(a) corporate policy;

(b) procedures;

(c) program;

(d) plan of action;

(e) strategy; or

(f) initiative,

to reduce illegal fisheries trade practices, promote seafood stewardship and seafood supply-chain transparency.

3. There is in place a system to ensure that fish and other seafood products entering or exiting Barbados through the import or export activities of the seafood business are fully traceable.

Completion date of survey on which this certificate is based:
(dd/mm/yyyy)
Issued at:
(Place of issue)

Date of issue:
(dd/mm/yyyy)

This certificate expires:
(dd/mm/yyyy)

Signature of Chief Fisheries Officer:
(Signature)

THIRD SCHEDULE

(Section 16(2))

ENDORSEMENT ON SSCTVC

This endorsement is made under section 16 of the Sustainable Fisheries Management and Development (Seafood Markets and Businesses) Act, 2025 (Act 2025-11).

Particulars of Seafood Business

Particulars of Seafood Business Owner/Operator

Third Schedule – (Concl’d)

Details of Intermediate Inspection

This is to certify that:

1. An initial SSCTVC was issued in respect of

(Name of seafood business)

2. was inspected on ,
   (Name of seafood business) (Day/Month/Year)

the particulars of which are stated above;

3. The said seafood business continues to meet the requirements for seafood business as specified in the Sustainable Fisheries Management and Development (Seafood Markets and Businesses) Act, 2025 (Act 2025-11); and
4. In consequence of continually meeting these requirements, the SSCTVC has been endorsed as evidence of continued compliance.

*This endorsement remains valid until next periodic intermediate inspection and becomes invalid upon execution of a renewal SSCTVC survey, at which time the SSCTVC is renewed.

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