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1 !! "#$%&'($)&'*'(!+*,)&%*&,!-.'.(&/&'$!*'!012! 134'$%*&,"!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Final Technical Report SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE REFERENCE: CAR/1.2/3B Country: Belize 29 November 2013 Assignment implemented by Poseidon Aquatic Resources Management Project Funded by the European Union. i This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of name of the author and can in no way be taken to reflect the views of the European Union. The content of this document does not necessarily reflect the views of the concerned governments.

2 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE Contents CONTENTS... I! LIST OF TABLES, FIGURES AND PHOTOGRAPHS... II! LIST OF APPENDICES... III! ACKNOWLEDGEMENTS... IV! ABBREVIATIONS AND ACRONYMS... V! EXECUTIVE SUMMARY... VI! 1.! BACKGROUND... 1! 2.! APPROACH TO THE ASSIGNMENT... 1! 3.! COMMENTS ON TERMS OF REFERENCES... 5! 4.! ORGANISATION AND METHODOLOGY... 5! b) Description of activities carried out... 7! Project Funded by the European Union A project implemented by Poseidon ARM Ltd!"#$%

3 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE List of tables, figures and photographs Tables Table 1 - Delivery of Terms of Reference... 5! Figures Figure 1 Illustration of "state of play" of proposed new regulatory measures... 4! Photographs See Appendix 5 Project Funded by the European Union A project implemented by Poseidon ARM Ltd!"#$%%

4 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE List of Appendices Appendix 1 Terms of Reference (original version) Appendix 2 Itinerary, institutions and individuals consulted Appendix 3 Inception Report Appendix 4 List of reports and documents consulted Appendix 5 Photographs of project key activities and events Appendix 6 6A 6B 6C 6D 6E 6F 6G 6H 6I 6J 6K Technical Methodology Draft Fisheries (Conservation) Regulations Draft Fisheries (Licensing, Management and Control) Regulations Draft Fisheries (Marine Reserve) Order Draft Fisheries (Marine Reserve) Regulations Draft Fisheries (High Seas Sanctions) Regulations Report of the Community Consultations Report of the National Review Workshop Report of the Senior Staff Review Workshop Presentation Community Consultations Presentation National Review Workshop Project Funded by the European Union A project implemented by Poseidon ARM Ltd!"#$%%%

5 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE Acknowledgements The Consultant wishes to thank the Fisheries Administrator, Ms Beverly Wade, and all the senior staff in the Fisheries Department who contributed helpfully and efficiently both to project organisation and technical inputs. Particular thanks if given to the core team members who assisted with the Community Consultations and National Workshop Mr George Myvett (Deputy Administrator), Mr Ramon Carcamo, Mr Mauro Gongora, Mr Rigoberto Quintana and Mr Lyndon Rodney. Particular thanks is also expressed to Mr Julio Maaz (WDS), who facilitated the workshop organisation. In addition, thanks are expressed to all other members of staff of the Fisheries Department who assisted and participated in the project, and to all stakeholders attending the workshops, who participated constructively and actively. Finally, the Consultant also wishes to acknowledge the assistance and support of Dr Sandra Grant in project implementation. Project Funded by the European Union A project implemented by Poseidon ARM Ltd!"#$%&

6 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE Abbreviations and acronyms ACP... Africa, Caribbean and Pacific CRFM... Caribbean Regional Fisheries Mechanism CU... Coordinating Unit EEZ... Exclusive Economic Zone EU... European Union FAO... Food and Agriculture Organization FD... Fisheries Department FTR... Final Technical Report IR... Inception Report IUU... Illegal, Unreported and Unregulated fishing KE... Key Expert MCS... Monitoring, Control and Surveillance NGO... Non-Governmental Organisation RFU... Regional Facilitation Unit VMS... Vessel Monitoring System Project Funded by the European Union A project implemented by Poseidon ARM Ltd!"#$&

7 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE Executive summary 1. This report (the Final Technical Report) presents the work and results of the project Support to update the Fisheries Regulations in Belize. The overall purpose and results to be achieved by the Project are recalled as follows: the purpose is to update the fisheries regulations to strengthen the capacity of the Fisheries Administration in managing marine and inland fisheries; and the results to be achieved include: o completion of a technical review and stakeholder consultations; o completion of a validation workshop to review the draft regulations; and o updated draft regulations to be presented to the Fisheries Department. Methodology 2. The consultations indicated at an early stage three main objectives or tasks involved in reviewing and updating the regulations: Consolidation (and simplification), so as to produce a single set of coherent and easy to use regulations; Consistency with the new Act, for example by referencing the right authority or procedure, and by utilizing the same terminologies, etc.; and Updating to add new policy and management measures, according to instructions received from the Fisheries Department. 3. At an early stage it was recognised that some significant adaptations in the proposed implementation methodology and activities would be required to meet the existing needs of the Fisheries Department. Key issues included the fluid state of the draft Fisheries Act (with new versions appearing during the project, and competences for certain policy areas being moved); the relatively early state of some policy proposals for the new regulations (and the need to further examine consistency with the new Act); the existence of a related review process to be carried out by FAO; etc. Consequently, an adapted approach was presented and agreed, but consistent with the fulfilment of the original terms of reference. Activities 4. The Project commenced in June. A preparatory meeting took place with the Fisheries Department on 13 June, and the first mission took place from 17 June 6 July. Two further missions were organized, from 22 August to 13 September and from 30 September to 9 October. 5. The following key events were organised: a. Community Consultations were organised successfully in Sarteneja, San Pedro, Caye Caulker, Belize City, Hopkins, Placencia, Independence Village/Mango Creek and Punta Gorda. Approximately 300 persons attended the workshops, representing a wide cross section of the stakeholders including fisher folk, NGO's, sport fishermen, persons involved in tourism, members of the village council board, representatives from Fishermen cooperatives, and in numbers representing around 10% of all stakeholders. Project Funded by the European Union A project implemented by Poseidon ARM Ltd!"#$&%

8 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE b. National Review Workshop. A National Review Workshop was organised on 12 September, attended by over 60 stakeholders, mainly from the fishing sector but also including governmental and non-governmental stakeholders. In line with the agreed methodology, the national workshop focussed primarily on fishing community/industry and sought to review proposals on some key issues, as well as carry out a validation exercise in relation to the Fisheries Conservation Regulations. c. Senior Staff Review Workshop. A Senior Staff Review Workshop was organised, attended by 15 senior members of staff from the Fisheries Department and NGOs, as well as by Ms Karine Erikstein from FAO. The draft Regulations were reviewed in detail, and comments were provided by the Fisheries Department staff. Draft Regulations 6. The following draft Regulations were produced: a. Draft Fisheries Conservation Regulations, dealing with the technical conservation measures and other fishing rules (directed mainly at fisherfolk) b. Model Licensing, Management and Control Regulations, dealing with the basic rules and procedures for licensing, and dealing with other procedural aspects of implementing the new Act s management and MCS provisions. c. Draft High Seas Sanction Regulations, concerning sanctions to be applied under the Act for illegal high seas fishing (these regulations were not progressed, however, due to the removal of these regulations from the competence of the Fisheries Department). d. Model Marine Reserves Regulations and Orders, with the regulations/orders to remain as standalone instruments for the individual marine reserves but with the regulations to be standardised and strengthened. Conclusions and recommendations 7. The project was perceived as having a high value both by the Fisheries Department, and by stakeholders. The need for new regulations was recognised, and the need to ensure consistency with the new Act was considered a key issue. 8. It is recognized that at this stage, the draft regulations are not complete. The internal review process, involving the Fisheries Department and the FAO Development Law Office, needs to be completed (and, to the extent these activities take place within the project time frame, will be reflected in the Final Technical Report). It is also recognised that further steps will be required by the Fisheries Department, including the need for further consultation with stakeholders and the need to continue progress with the new Act and ensure consistency between the final version of the Act and the new Regulations. Project Funded by the European Union A project implemented by Poseidon ARM Ltd!"#$&%%

9 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE 1. Background 9. This report (the Final Technical Report) presents the work and results of the project Support to update the Fisheries Regulations in Belize, and builds on the reports submitted previously (Inception Report, submitted 26 June 2013 and Interim Technical Report, submitted 1 October 2013). 10. The need for this project intervention arose from a number of factors. First, the current fisheries regulations are somewhat out-dated. Based on powers contained in the Fisheries Ordinance (dated September 24, 1948), the regulations define the powers of fisheries officers; prohibit commercial fishing, research, and export without proper licenses; control the use of poisons and explosives; allow for the inspection, seizure and forfeiture of nets; and set guidelines for the levying of penalties for breach of fisheries regulations. However, the rules do not reflect the latest practice in international fisheries law and policy, or (completely) the current needs of the fisheries sector in Belize. 11. Second, a new draft Act ( the Aquatic Living Resource Bill, retitled the Fisheries Resource Bill during the project) governing fisheries has been developed in Belize, but currently awaits not only enactment but also finalization of the text within the Government (a number of policy matters remain outstanding, and substantial changes to the draft Act were made throughout project implementation). Nevertheless, the draft Act set the framework for the current project, and updated regulations are needed to reflect the new Act. 12. The primary purpose of this intervention was to support the fisheries administration of Belize to review existing regulations and draft new Fisheries Regulations for marine and inland fisheries. The overall purpose and results to be achieved by the Project are recalled as follows: the purpose is to update the fisheries regulations to strengthen the capacity of the Fisheries Administration in managing marine and inland fisheries; and the results to be achieved include: o completion of a technical review and stakeholder consultations; o completion of a validation workshop to review the draft regulations; and o updated draft regulations to be presented to the Fisheries Department. 13. The Project commenced in June. A preparatory meeting took place with the Fisheries Department on 13 June, and the first mission took place from 17 June 6 July. Two further missions were organized, from 22 August to 13 September and from 30 September to 9 October. 2. Approach to the assignment 14. The general strategy for project implementation, outlined in the Consultant s technical proposal, was based most vitally on using an inclusive and consultative approach, so as to foster local ownership of the resulting deliverables. This general strategy was implemented in various ways, including by: Project Funded by the European Union A project implemented by Poseidon ARM Ltd!"#$'

10 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE developing an early understanding of the current context of Belizean fisheries regulations and of future plans and objectives, through close consultation with a range of senior staff in the Fisheries Department developing a detailed needs assessment / drafting instructions, with the Fisheries Department ensuring wide participation in the regulatory review processes, both through the community consultations and the national workshop, and reacting as required to the moving project context, and adapting recommendations and objectives appropriately. 15. The consultations indicated at an early stage three main objectives or tasks involved in reviewing and updating the regulations: a. Consolidation (and simplification). Over time, the Regulations have been developed on an ad hoc and somewhat inconsistent manner. Various discrepancies, inconsistencies and redundancies have emerged, and the regulations are overly complex and cumbersome. (For example, virtually every licensed activity appears to require a specific application form and specific licence or permit, as set out in the Regulations). b. Consistency with the new Act, for example by referencing the right authority or procedure, and by utilizing the same terminologies. In addition, any new measures must be consistently with the procedures and powers in the new Act. c. Updating to add new policy and management measures, according to instructions received from the Fisheries Department. The range of such changes is potentially substantial, from minor modifications to technical rules through to major policy changes (for example, relating to limited entry). These changes also include some entirely new Regulations, for example the High Seas Sanctions Regulation foreseen in the draft Act. 16. It was suggested that the Regulations be developed in four separate components (possibly as separate regulations, or as parts of the same set of regulations): e. Fisheries Conservation Regulations, dealing with the technical conservation measures and other fishing rules (directed mainly at fisherfolk) f. Licensing, Management and Control Regulations, dealing with the basic rules and procedures for licensing, and dealing with other procedural aspects of implementing the new Act s management and MCS provisions. g. High Seas Sanction Regulations, to be developed as a discrete set of regulations. h. Marine Reserves Regulations and Orders, with the regulations/orders to remain as standalone instruments for the individual marine reserves but with the regulations to be standardised and strengthened. Project Funded by the European Union A project implemented by Poseidon ARM Ltd!"#$(

11 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE 17. Also evident, however, was that the methodology for project implementation needed to be adapted, in light of a significant number of circumstances that were not anticipated in the Terms of Reference. These changes (which have been notified in earlier reports) included: continuing state of non-finalisation of the draft Act (with new versions appearing during project implementation, and which directly affects the substantive recommendations on when and how to bring new regulations into effect, and places some procedural issues in the regulations in uncertainty) on-going (and moving) discussions on some policy competences within the Act (particularly relating to high seas regulatory competences, which were removed from the competence of the Fisheries Department late in project implementation, some environmental responsibilities and aquaculture) a request to look at statutory instruments on marine reserves, contributing to a much larger volume of regulations and related materials than anticipated in the ToR (approximately 400 pages of existing regulations, draft regulations and instructions have been reviewed) detailed and extensive but on-going production of policy proposals / drafting instructions (which were provided on an on-going basis through to September, and some of which still remain under discussion within the Fisheries Department) a range of instructions and policy proposals in a substantially varying range of advancement (i.e. some proposals that are capable now of being reflected in regulations, while others need further work and/or at the moment have not been fully formulated at the policy level and/or need further consideration concerning consistency with the new Act) the consequence of this, is that some measures are not yet ready to be introduced into regulations, but at the same time assistance on how to manage these should be provided to ensure future regulations can build successfully on the current regulations; strong stakeholder reactions to a number of proposals, which have affected the policy assessment; and the need to accommodate, minimise duplication of and realise the maximum benefit for the Fisheries Department in connection with a concurrent project with the Food and Agriculture Organisation (as reported in the Inception and Interim Technical Reports). 18. The current project of course had to operate within the context of the existing realities of the policy and law-making contexts in Belize, and the actual needs of the Fisheries Department, and would not have been effective if carried out in abstract from them. Otherwise, the project will not achieve effective and long-term useable results for the Fisheries Department. Project Funded by the European Union A project implemented by Poseidon ARM Ltd!"#$)

12 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE 19. In particular, it was observed that in terms of policy development the new measures being proposed in the regulations were in different stages of development and not all were ready for completed regulatory drafting at this stage. 1 Figure 1 Illustration of "state of play" of proposed new regulatory measures 20. Against this background, the following changes to the implementation methodology described in the inception report have been developed (in close consultation with the Fisheries Department, and as discussed in respect of the key changes also with the RFU): a) A staggered regulatory approach was developed, to reflect: (a) the overall requirements for updating the regulations, in light of the new Act; (b) the situation that some proposed regulations were policy ready and could be accommodated in draft Regulations, while others were in different stages of development; and (c) the possibility of bringing some regulations into effect earlier, if the enactment of the new Act became further delayed. b) Production of draft or (draft) model Regulations corresponding to the staggered approach (for more details, see section 4b of this Report); c) The staggered approach is also reflected in the organisation of the missions, and in the coordination with the FAO project. In order to avoid duplication with the review and planned validation workshop carried out by FAO, and reflecting the fact that further fishing community/industry consultation was required on a number of policy proposals, the national workshop focussed primarily on fishing community/industry and sought to review proposals on some key issues, as well as carry out a validation exercise in relation to the Fisheries Conservation Regulations. 1 For more details of this assessment, and the principles behind it, see the Technical Methodology in Appendix 6A. Project Funded by the European Union A project implemented by Poseidon ARM Ltd!"#$*

13 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE d) A third mission was organised to complete the validation of the Fisheries Conservation Regulations (focussing on the Fisheries Department and other key governmental and non-governmental stakeholders) and to provide coordination with the FAO project. 3. Comments on Terms of Reference 21. While the technical methodology for the project had to be adapted, including some of the timings, this was not considered to affect the Terms of Reference, which were implemented in full. Specifically, each specific activity foreseen was achieved (see section 4), and the overall results have also been achieved: i.e. completion of a technical review and stakeholder consultations; completion of a validation workshop to review the draft regulations; and updated draft regulations presented to the Fisheries Department. 4. Organization and Methodology a) Delivery of the terms of reference Table 1 - Delivery of Terms of Reference Terms of reference 1 Briefing with ACP Fish II Programme and the Fisheries Department (FD) in Belize to review Terms of Reference and agree on detailed work plan. 2 Convene formal meeting with the Minister/Chief Executive Officer in the Ministry of Agriculture, Solicitor General, and other key stakeholders to introduce the project. 3 In consultation with the FD, establish and hold first meeting of the project s Technical Team (to be appointed by the FD); 4 Consult and collaborate with the CRFM Secretariat during the execution of this consultancy for assessing key documents and ensuring a holistic and integrated approach to fisheries policy and management planning in the region; 5 Identify and collect national policy instruments (existing fisheries legislation, regulations, statutory instruments ) for the marine and inland fisheries, international obligations, related regional Delivery / Expected Delivery Completed. An initial meeting was carried out with the RFU Manager, the Fisheries Administrator and senior staff from the Fisheries Department (see Inception Report). Completed. During the inception phase, the Key Experts met with the Minister, CE and the Deputy Solicitor General (Legislative Drafting) in the Attorney General's Office (see Inception Report). Completed. An initial meeting was carried out with the RFU Manager, the Fisheries Administrator and senior staff from the Fisheries Department (see Inception Report). Completed. An initial meeting was carried out with the RFU Manager, the Fisheries Administrator and senior staff from the Fisheries Department (see Inception Report). Meetings also took place with the CRFM Executive Director. Completed. All relevant and available documents were collected and reviewed (see Interim Technical Report), on an on-going basis. The full list of reports and documents consulted is reproduced in Appendix 4. Project Funded by the European Union A project implemented by Poseidon ARM Ltd!"#$+

14 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE and national obligations and other legal or pertinent information that may have direct or indirect effects on fishing activities; 6 Review the fisheries regulatory and policy framework (based on documents collected above), both internal and external, and conduct analysis to identify gaps and/or deficiencies as part of a documented process; Completed. The documents, along with Fisheries Department policy instructions, were reviewed and assessed. Recommendations on the regulatory roadmap were outlined (see Appendix 6A). 7 Consult with key stakeholders including: government ministries and departments, fishermen organizations and cooperatives, NGOs, Research Institutions, private sector. 8 Prepare a first draft of the revised fisheries regulations for discussion with the Technical Team; 9 Through the Technical Team, facilitate, organize and make all the logistical arrangements for eight (8) community/stakeholder consultation meetings. 10 Prepare second draft Fisheries Regulations, incorporating inputs and comments from consultations and discussion with Technical Team. Undertake a round of meetings with the Technical Team, Solicitor General and others (as required); Completed. Substantial consultations were held during each mission with a range of staff from the Fisheries Department (in the Belize City headquarters and elsewhere) and key NGOs, along with other government stakeholders and the private sector. Meetings were also held with the Assistant Solicitor General (Legislative Drafting). Completed. A first draft of the Fisheries Conservation Regulations were developed, along with partial drafts of the other Regulations. Completed. Community Consultations were held in each of the locations foreseen, and were attended by over 300 stakeholders (see Interim Technical Report and Appendix 6G). Completed. Further drafts were completed, and presented at a Review Workshop (see paras ). 11 Prepare an information note on the draft fisheries regulations to be distributed as part of the Validation Workshop and incorporated into a Press-Release; 12 With the support of the Technical Team organize, facilitate and make all the logistical arrangements (including arrange travel, transportation for participants as necessary, venue costs, communications) for a Validation Workshop to present the revised fisheries regulations for discussion (1 day, indicative number of participants is Completed. An information note was prepared, and will be included in the report of the National Workshop (see report of the workshop, at Appendix 6H). Completed. A national workshop, in line with the adapted methodology (see para. 20.c)), was organised, and was attended by around 50 stakeholders (see paras ). Project Funded by the European Union A project implemented by Poseidon ARM Ltd!"#$,

15 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE 50). Selection of venue and logistics to be determined by the Technical Team; 13 Prepare final draft of revised fisheries regulations and present to the FD and the Ministry of Agriculture. 14 Prepare and submit Final Technical Report including photographic record of the assignment. Completed. Redrafted regulations were completed, and presented to the FD at a review workshop, attended by senior staff and the FAO consultant. Completed. The photographic record is at Appendix 5. b) Description of activities carried out 22. Various activities have been carried out, several of which have been reported on previously, in the Inception and Interim Technical Reports. The following is a summary of the major activities carried out. Review of the fisheries regulatory and policy framework 23. The existing legislative and policy framework was reviewed in detail. As noted above, this was a very substantial task and included reviewing existing regulations (fisheries and related), draft regulations, the draft Fisheries Act, the current Fisheries Act, specific instructions from the Fisheries Department and, to the extent available, relevant policy documents. This review was also carried out in close consultation with key stakeholders, including a range of staff from the Fisheries Department, NGOs, other government stakeholders and the private sector. 24. On the basis of this review, specific recommendations were made on the most appropriate roadmap for developing regulations, taking account of the actual circumstances of the project and the corresponding methodologies described above. The methodology paper is attached in Appendix 6A. Organisation of Community Consultations 25. Community Consultations were organised successfully in Sarteneja, San Pedro, Caye Caulker, Belize City, Hopkins, Placencia, Independence Village/Mango Creek and Punta Gorda. Approximately 300 persons attended the workshops, representing a wide cross section of the stakeholders including fisher folk, NGO's, sport fishermen, persons involved in tourism, members of the village council board, representatives from Fishermen cooperatives, and in numbers representing around 10% of all stakeholders. 26. The Consultations were lively, and sometimes challenging, but very constructive and helpful. There were some strong reactions to some proposals from the Fisheries Department, in particular concerning the limited entry fisheries, the protection of traditional fishing communities and licensing. There was also evidenced a need for more extensive communication and consultation on the draft Regulations. A full report of the Consultations is attached in Appendix 6G. Project Funded by the European Union A project implemented by Poseidon ARM Ltd!"#$-

16 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE 27. In order to focus on the key policy questions (and to avoid the risks inherent in presenting draft texts, which could be construed as being the new Regulations, which have yet to have final policy decisions supporting them) draft Regulations were not presented at the Community Consultations, although the text of the new Regulations were being discussed with the Fisheries Department. Organisation of National Review Workshop 28. The National Review Workshop was organised on 12 September, at the North Belize Fishermen s Cooperative headquarters, in Belize City. It was attended by over 60 stakeholders, mainly from the fishing sector but also including governmental and nongovernmental stakeholders. In line with the agreed methodology, the national workshop focussed primarily on fishing community/industry and sought to review proposals on some key issues, as well as carry out a validation exercise in relation to the Fisheries Conservation Regulations. 29. The results of the workshop showed strong support for revised fisheries regulations, and for other measures foreseen in the draft Act. As at the community consultations, key concerns related to protecting the interests of traditional fishers and fishing communities, as well as the need for strengthened governance and improved consultation with fishing communities. The proposed new measures in the Fisheries Conservation Regulations were largely accepted by stakeholders, although some stakeholders wished to review certain aspects in more detail (e.g. minimum sizes for finfish), and it was agreed by the Fisheries Department that further consultations would be carried out. 30. A report of the national workshop is attached in Appendix 6H. Organisation of Senior Staff Review Workshop 31. A third mission was organised, during which various meetings took place (both with Fisheries Department staff and with senior staff from the office of the Attorney General). The purposes of these meetings were to finalise some outstanding issues concerning the drafts, to ensure coordination with the legal draftspersons in the government and to liaise with the concurrent FAO project. 32. The focus of the third mission was a Senior Staff Review Workshop, attended by 15 senior members of staff from the Fisheries Department and NGOs, as well as by Ms Karine Erikstein from FAO. The draft Regulations were reviewed in detail, and comments were provided by the Fisheries Department staff. These will be reviewed in detail by the Key Experts and, later, by FAO as part of a longer-term review process for the regulations (for more details, see section 5 of this Report). 33. A report of the senior staff review workshop is attached in Appendix 6I. Draft Regulations 34. Draft Regulations were produced, and revised at various stages during the project implementation. Mr Hedley took responsibility for the drafting of the Fisheries Conservation Regulations, the Licensing Regulations and the Marine Reserves Regulations, while Dr McCalla drafted the High Seas Sanctions Regulations. Project Funded by the European Union A project implemented by Poseidon ARM Ltd!"#$.

17 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE 35. The Regulations were drafted in accordance with the methodology, taking into account the particular policy and legal circumstances surrounding each. Specifically: a) Draft Fisheries Conservation Regulations covering the conservation measures subject to firm proposals from the Fisheries Department were drafted with a view to being ready for adoption; these were extensively reviewed in project validation processes (National Workshop and Senior Staff/FAO Review Meeting), although will be subject to further review through the FAO validation process. These regulations are reproduced in Appendix 6B. b) Model regulations / orders were drafted for marine reserves and licensing, management and control. There are various policy issues outstanding in these instruments, and various options and issues concerning how to handle their development and introduction in the future. Nevertheless, the basic framework has been discussed and reviewed, and the documents stand as models for future development of regulations. The Draft Fisheries (Licensing, Management and Control) Regulations are reproduced in Appendix 6C; the Draft Fisheries (Marine Reserve) Order is reproduced in Appendix 6D; and the Draft Fisheries (Marine Reserve) Regulations are reproduced in Appendix 6E. c) Draft High Seas Sanctions Regulations were produced. However, subsequent discussions with the Fisheries Administration and at the Solicitor General s Department and later with the Acting Fisheries Administrator revealed: 1. By cabinet decision responsibility for high seas fishing was removed from the Fisheries Department to another Ministry of Government; 2. The Fisheries Department no longer have responsibility for high seas fishing; 3. A Bill dealing with High Seas fishing had been tabled in Parliament; 4. Responsibility for High Seas Fishing Legislation (Act & Regulations) are within a new Ministry who are actively proceeding with the enactment of new fisheries legislation; 5. Fisheries Department are not in any position to give instructions or be involved in any aspect of high seas fisheries legislation. Consequently, work was not progressed on these Regulations. The first draft, for information purposes, is reproduced in Appendix 6F. Website 36. As noted in the Inception Report, assistance was provided to develop a website for the Fisheries Department, which will significantly enhance their capacity to communicate and consult on the new Regulations (among other things). To this end, a web development Project Funded by the European Union A project implemented by Poseidon ARM Ltd!"#$/

18 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE company based in Belize was selected (Idea Lab Studios) and terms of reference were agreed. 37. The purpose of the specific project activity was to develop the website framework, using a content management system (CMS) that could be utilised by Fisheries Department staff directly, rather than fully populating the site with content (since it will take some further time for the Fisheries Department to finalise the new regulations, which in turn needs to wait for passage of the new Act into law). Therefore, the key steps included: agreeing website content needs and format, as between the Fisheries Department and the web developer; developing the website framework and CMS, and producing a temporary host/link for the re-designed site; providing basic training to Fisheries Department staff on using the CMS. 38. The output of this project activity can be seen at the new website temporary location: Visibility activities 39. Project visibility was maintained at all times. All press and other communication materials, publications and workshop presentations presented the ACP Fish II credentials, and the background to and purpose of the ACP Fish II programme was explained to participants at the stakeholder workshops. An information note was prepared in advance of the national workshop, and there was press (television and newspaper) coverage of the event. In addition, during the third mission Dr McCalla participated in a radio broadcaster hosted by Mr. George Myett of the Fisheries Department to discuss the project and to give an update on the drafting of the Fisheries Regulations. 5. Conclusions and recommendations 40. The project was perceived as having a high value both by the Fisheries Department, and by stakeholders. The need for new regulations was recognised, and the need to ensure consistency with the new Act was considered a key issue. 41. It is recognized that at this stage, the draft regulations are not complete. The internal review process, involving the Fisheries Department and the FAO Development Law Office, needs to be completed (and, to the extent these activities take place within the project time frame, will be reflected in the Final Technical Report). 42. It is also recognised that further steps will be required by the Fisheries Department. On the basis of discussions during the project (including the consultations), and as discussed further at the Senior Staff Review Workshop, the following future activities are foreseen and recommended: once the Regulations have been further revised (and reviewed by the Fisheries Department), the Fisheries Department will organise a further consultation on the revised Regulations with the NGO, fisheries sector, etc. once the consultations are finalized, the draft Regulations would be submitted to FAO with the results of the consultation Project Funded by the European Union A project implemented by Poseidon ARM Ltd!"#$'0

19 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE the Fisheries Department in conjunction with FAO in the Caribbean and with the Development Law Office would make arrangement of the next visit of Ms. Erikstein to continue and finalize her review and validation. 43. Concurrently, work will need to continue to finalise the revised Act, with the intention that no new regulations will be brought into effect until the new Act is finalised. Work is in progress to finalize the draft Act and an Attorney-at-Law had been engaged to finalize the draft Act for presentation to the Solicitor General. Further steps will then need to be taken to finalize the new Act. Attention will need to be paid at this stage to ensuring consistency between the revised regulations and the final version of the new Act. Project Funded by the European Union A project implemented by Poseidon ARM Ltd!"#$''

20 TERMS OF REFERENCE FOR SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE Reference. CAR/1.2/3b 1.! Background INFORMATION... 2! 1.1! Beneficiary country!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!#! 1.2! Contracting Authority!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!#! 1.3! Relevant country background!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!#! 1.4! Current state of affairs in the relevant sector!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!#! 1.5! Related programmes and other donor activities!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!$! 2.! OBJECTIVE, PURPOSE & EXPECTED RESULTS... 5! 2.1! Overall objective!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!%! 2.2! Purpose!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!%! 2.3! Results to be achieved by the Consultant!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!&! 3.! ASSUMPTIONS & RISKS... 6! 3.1! Assumptions underlying the project intervention!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!&! 3.2! Risks!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!&! 4.! SCOPE OF THE WORK... 6! 4.1! General!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!&! 4.2! Specific activities!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'! 4.3! Project management!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!(! 5.! LOGISTICS AND TIMING... 10! 5.1! Location!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)*! 5.2! Commencement date & Period of implementation!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)*! 6.! REQUIREMENTS... 10! 6.1! Personnel!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)*! 6.2! Office accommodation!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)#! 6.3! Facilities to be provided by the Consultant!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)#! 6.4! Equipment!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)#! 6.5! Incidental expenditure!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)#! 6.6! Expenditure verification!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)+! 7.! REPORTS... 14! 7.1! Reporting requirements!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)$! 7.2! Submission & approval of reports!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)$! 8.! MONITORING AND EVALUATION... 15! 8.1! Definition of indicators!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)%! 8.2! Special requirements!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)%! Page 1 of 15

21 ! 1. BACKGROUND INFORMATION 1.1 Beneficiary country The direct beneficiary country for the implementation of this contract is Belize. 1.2 Contracting Authority ACP FISH II Coordination Unit 36/21 Av. de Tervuren 5th Floor Brussels 1040, Belgium Tel.: +32 (0) Fax: +32 (0) Relevant country background Belize is located below the Yucatan Peninsula of Mexico and bordered on the west and south by Guatemala in the western Caribbean. Gaining its independence from Britain in 1981, Belize (formerly British Honduras) is the only English speaking country in Central America and retains strong ties with the United Kingdom. Spanish speaking latinos and Mestizos now comprise over 50% of the population and the country has continued to develop effectively as a bilingual nation. The eastern border opens to the Caribbean Sea and includes the 220 mile barrier reef which is the centre of the country s tourism industry based on diving and water sports. The western side of the country consists of lowland forest, highland plateau and the Maya mountains to the south. Around 60% of the country is covered by forest, though this area is decreasing. The total land area of Belize is 22,966 km 2, with a coastline of 1,996 km and a shelf area of 9,800 km 2 (depth range of m 2 ). Belize has responsibility for an EEZ of about 170,000 km 2, over 7 times the land area. The coastline is made up of a series of interconnected ecosystems that includes mangrove forests, river deltas, sea grass beds, estuaries, and coastal lagoons which support many important species including crocodiles, turtles, manatees, and seabirds. Nineteen rivers flow into the coastal system from the interior. Belize is located in the hurricane belt and as such, is in a constant state of readiness, during the season, after particularly damaging storms in 2001 and Belize is the most sparsely populated nation in Central America, with a population of 312,000 (2010 census) although this has been growing at a rate of around 3.7% for the last 9 years. Tourism is the number one foreign exchange earner, followed by the export of marine and agriculture products. The economy is based on varying contributions from agriculture, fisheries, manufacturing, petroleum, tourism and trade. Recent years has seen an increase in the contribution of the services sector to the GDP with a significant decline in the importance of agriculture and fisheries. In terms of GDP (2010), agriculture accounts for 29%, industry 16.9% and services 54.1%. The level of human development, as reflected by the UN Development Index (HDI), ranks Belize at 93 out of 187 (2010 UN). A recent national assessment of poverty in Belize (Belize Country Poverty Assessment, August 2010) shows that the incidence of poverty has increased substantially between 2002 and 2009, classifying 31% of households as poor. Generally sluggish growth in Belize and particularly the decline in two commercial agriculture sub-sectors (sugar cane and bananas) are responsible for much of this slow down alongside natural disasters of storms and flood damage in recent years. The country is split into six administrative districts dominated by Belize City containing around 29% of the national population. The administrative capital, Belmopan, is situated in Cayo District. Belize is signatory to a range of international agreements. At the regional level, Belize is the only CARICOM country that benefits from membership of El Sistema de la Integración Centroamericana (SICA) Organization of the Aquatic and Fishing Sector of the Central American Isthmus (OSPESCA), Page 2 of 15

22 promoting the sustainable development and coordinated of fishing and aquaculture, in the framework of Central American integration.! 1.4 Current state of affairs in the relevant sector The fisheries sector contributes significantly to the economy of Belize mostly from the export earnings and employment. In 2008, the fisheries sector contribution to the GDP was 2.2% and was ranked 4 th in export earnings to the country. The sector continues to play a significant role in the national economy with export earnings valued at approximately 24 million USD in The main export earners are aquaculture (shrimp, tilapia, and cobia) and marine fisheries (lobster and conch), contributing 50% and 45% respectively. The per capita consumption of 7 kg fish protein/per person is low when compared to other CARIFORUM countries. The sector is characterized as being commercial artisanal, with the exception of the industrial shrimp trawl fishery which was recently banned. The sector provides direct employment to 2,472 active fishers (of which 75 % are full-time members of Fishermen's Cooperatives) and over 840 processing plant personnel (110 capture fisheries and 730 aquaculture). Fishers operate from an artisanal fleet of 703 registered open boats, sail sloops, and canoes ranging from 5 to 10 m in length, some with outboard engines up to 75 hp. Fishing effort is focused on the capture of spiny lobster and the Queen Conch representing the largest fisheries within the industry. Fishing methods in these fisheries include: lobster traps, casitas (lobster shades), and free diving techniques. Some vessels target finfish for local consumption and export including groupers, snappers, jacks, hogfish, King Mackerel and Barracuda. Recreational or sport fishing targets bonefish, Common Snook, Permit, and Tarpon. The inland capture fishery is generally carried out only on a subsistence basis and targets cichlid species in rivers and lagoons such as baysnook, crana, tilapia, tarpon, catfish, and freshwater hicatee turtle. Simple fishing methods are used such as the handline and gillnets. The aquaculture sector is primarily based on the production of pacific white shrimp, which has expanded into a very valuable sub-sector in the last 30 years largely based on export of fresh and frozen shrimp. Commercial quantities of Tilapia are raised in farms across Belize and this sector is expected to grow in the coming years on the basis of exports to the United States. The Belize Fisheries Department, under the Ministry of Agriculture, Fisheries and Cooperatives was established in 1965 and has the responsibility for administration and management of the fisheries resources. The Fisheries Advisory Board (FAB) comprised of fishermen, government and NGO representatives serve as an advisory body to the Minister of Fisheries. The fishing industry is governed by the Fisheries Ordinance (dated September 24, 1948) consolidated in Chapter 174 of the Laws of Belize Fisheries Regulations were issued for the management of resources in 1977 and have been amended a number of times since their issuance. These Laws define the powers of fisheries officers; prohibit commercial fishing, research, and export without proper licenses; control the use of poisons and explosives; allow for the inspection, seizure and forfeiture of nets; and set guidelines for the levying of penalties for breach of fisheries regulations. Marine reserves, along the barrier reef, are an important fisheries management tool in Belize and to this end much of the Fishery Department s efforts in terms of enforcement are directed to the continued management of the designated marine reserves. Reserve management is carried out in strict collaboration with other co-management partners. In February 2003, the High Seas Fishing Act came into effect requiring, among other things, vessels to be registered with the International Merchant Marine Registry of Belize (IMMARBE). In 2010 there were 119 high seas fishing vessels registered with the authorities in Belize (FD 2010). In 2010, with support from the Wildlife Conservation Society (WCS) the Belize Fisheries Department embarked on a process to revise the Fisheries Act. Since the Act had not been revised for many years, the latest addition was made in 1989, it was important to bring it up to date to meet the changes that have occurred at the global, regional, and national levels in the fisheries sector over the years. For example, there was the need to modernize the Act in order to resolve conflicts with the more rapidly evolving Page 3 of 15

23 fisheries regulations, in particular enforcement issues such as fines and penalties, and to consider all the commitments that are stated on the various international agreements to which the country is signatory. The process of revising the Act involved all national regulatory, implementing and enforcement agencies, competent international organizations, fishermen and other relevant stakeholders. This comprehensive revised draft Act now titled Aquatic Living Resources Bill, 2011 addresses the following issues: Objectives and principles Fisheries council, fisheries funds, etc. Fisheries conservation, management and development Marine and inland water reserves Local fishing licenses Foreign fishing within Belize fisheries waters Provisions applicable to both foreign and local fishing Fishing by Belizean vessels in waters beyond national jurisdiction Implementation of international conservation and management measures Port measures Marine scientific research and test fishing operations Prohibited fishing methods, stowage of gear and transshipment Record of fishing vessels Aquaculture Monitoring, control and surveillance Jurisdiction and evidence Sale, release and forfeiture of retained property Regulations General The final Draft Bill incorporates modern conservation and management principles, it is in compliance with international laws, and will be able to withstand challenges of the local court. It was formally presented to the FD and the Ministry of Agriculture and Fisheries and is awaiting approval before it is submitted to Cabinet. The FD hopes that the Act will be passed by the National Assembly in early As such, it is timely to now revise the supporting Fisheries Regulations. The principal regulations for the fisheries sector is the Fisheries Regulations 1977 passed under statutory instrument No. 66 of With its enactment, the Fisheries Regulations of 1963 and its amendments were revoked. In January 1999, the Fisheries (Amendment) Regulations 1999 were passed to amend the Fisheries Regulations of 1977 (the Principal Regulations). The amendment enacted a new schedule of fees for licenses and permits, including commercial fishing vessels license, sports fishermen license, marine bio-prospecting license, black coral license, research permits, fish processing plant permit, and fish exporters permit. This also called for the re-registration of all vessels and fishers. Since 1977, a number of statutory instruments have come into effect, including marine protected areas, species protections and gear restrictions. Despite these various amendments and updates there is clear demand for the Regulations and Statutory Instruments to receive a complete overhaul to reflect the new legislative environment (including the Aquatic Living Resources Bill 2011) and conditions in the fisheries sector.! 1.5 Related programmes and other donor activities Effective legislation at the regional and national levels is fundamental to the successful management and conservation of marine fisheries resources. At the regional level, cooperation is promoted through regional and sub-regional organizations such as CARICOM Caribbean Regional Fisheries Mechanism (CRFM), El Sistema de la Integración Centroamericana (SICA) Organization of the Aquatic and Fishing Sector of the Central American Isthmus (OSPESCA), and FAO Western Central Atlantic Fishery Commission (WECAFC). Page 4 of 15

24 CARIFORUM states recognize CARICOM as the main vehicle for economic integration in the region; established in 1973, the founding treaty of Chaguaramas was revised in 2001 to reflect new situations and objectives. In March 2003, CARICOM established the Caribbean Regional Fisheries Mechanism (CRFM) to promote and facilitate the responsible utilization of the region s fisheries and other aquatic resources for the economic and social benefits of the current and future population of the region. Its objectives are: (a) the efficient management and sustainable development of marine and other aquatic resources within the jurisdiction of Member States; (b) the promotion and establishment of cooperative arrangements among interested States for the efficient management of shared, straddling or highly migratory marine and aquatic resources; and (c) the provision of technical advisory and consultative services to fisheries divisions of Member States in the development, management and conservation of their marine and other aquatic resources. Among the CRFM high priority programme area is Fisheries Resource Management and Development to improve national and regional fishery management policies and planning. Inherent in this, is Member States commitment to a common approach to establishing national policies that conforms to regional and international agreements on fisheries governance, management and enforcement. The recently finalized Draft Agreement on the Caribbean Community Common Fisheries Policy (Technical Assistance provided by ACP Fish II) focuses on cooperation and collaboration of Member States in the conservation, management and sustainable utilization of fisheries and related ecosystem for the welfare and wellbeing of Caribbean people. When this Agreement is approved by the Heads of Government some countries may need to give it effect at the national level through their legislation. Belize is the only CARICOM country that benefits from SICA/OSPECA, which promotes the sustainable development and coordinated of fishing and aquaculture, in the framework of Central American integration. The main functions are to promote strategies, programs and regional projects on fishing and aquaculture; to harmonize legislation on fishing and aquaculture; to promote strategies to integrate fishing and aquaculture; and to promote regional organization of producers of fishing and aquaculture. Since its inception in 1995, OSPECA implemented a number of initiatives that has assisted the Fisheries Administration in Belize with institutional capacity building, strengthen data collection, analysis and database creation, and provide technical assistance where required. Belize is signatory to the Central America Common Fisheries Policy and has taken a harmonized approach to the management of lobster resources in the Central American area. Over the years FAO have assisted CARIFORUM countries to update fisheries legislation to ensure that states consider regional and international commitments/agreements/instrument and that social and economic rights are enshrined for small-scale fisheries and fishworkers. FAO also provided valuable comments to Belize in the development of the revised draft aquatic Living Resource Bill, In the conduct of the assignment, the consultant is expected to liaise with the mentioned programmes or institutions when appropriate in order to gather relevant information and ensure synergy with existing programmes/activities. 2. OBJECTIVE, PURPOSE & EXPECTED RESULTS 2.1 Overall objective The overall objective of the ACP Fish II Programme is to contribute to the sustainable and equitable management of fisheries in ACP regions, thus leading to poverty alleviation and improving food security in ACP States. 2.2 Purpose The purpose of this assignment is to update the fisheries regulations to strengthen the capacity of the Fisheries Administration in managing marine and inland fisheries. Page 5 of 15

25 2.3 Results to be achieved by the Consultant The Consultant will achieve the following results as part of this contract: 1. Technical review and Stakeholder consultations on fisheries regulations conducted 2. Validation workshop to review the draft regulations completed 3. Draft fisheries regulations updated and presented to the Fisheries Department 3. ASSUMPTIONS & RISKS 3.1 Assumptions underlying the project intervention The need for this intervention was clearly identified in the Regional Needs Assessment workshop with fisheries administrations and representatives of Regional Fisheries Bodies (RFBs) carried out in Belize City, October 2009 and in subsequent workshops in 2010 and It was further confirmed by consultation with the FDs. The assumption is that beneficiary states and stakeholders are well aware of the intervention and are prepared to allocate official hours to its implementation. Since ACP FISH II is a demand-driven Programme, it is assumed that counterpart institutions will take all the necessary measures to ensure the fulfilment of their obligations and responsibilities as set forth under this project. Failure to meet that requirement is likely to result in the project not achieving the necessary results. 3.2 Risks Risks for the implementation of this contract are minimised, since the intervention was identified and endorsed in cooperation with the FD. However, a sudden change in Fisheries Administration senior staff and government might negatively impact the assignment implementation, limiting its impact. The participatory planning approach adopted in the development of this intervention will continue through implementation to ensure that risks of overlap and lack of co-ordination with other initiatives of governments and Regional Fisheries Bodies will be minimised. Likewise, the chosen methodology is consistent with the FD and ongoing regional approach. 4. SCOPE OF THE WORK 4.1 General Project description This assignment will support the fisheries administration of Belize to review existing regulations and draft new Fisheries Regulations for all marine and inland fisheries. The approach to the development of the regulations should be participatory (similar to the approach used to develop the draft Aquatic Living Resource Bill) with regular meetings being held between the Technical Team and stakeholder committee (if available), and a series of community consultations culminating in a national validation workshop. These processes will enable key stakeholder groups to effectively participate in the process and provide meaningful inputs. The Technical Team (TT) will play a critical role in project implementation and will be expected to guide the process of developing the revised regulations. The TT will be created under the guidance of the Fisheries Administrator. The exact composition and function of the TT will be agreed at the initial startup briefing and be devised to ensure the best possible project results. A critical role of the Technical Team will be to identify existing information, assist in the identification of stakeholders to be consulted, and approve all documents before presentation at consultation meetings. The TT will meet regularly and guide the Key Experts in implementing the tasks. Page 6 of 15

26 The Fisheries Department will provide logistical support (sending invitation letters, distribution of documents, arrange meetings, etc.) where necessary, to the KE during this project. A fisheries staff member (one officer) will be funded by the Project to join the Key Expert(s) in all consultation meetings and field visits as part of this assignment. Other Fisheries staff may join the Key Expert in meetings and field visits at the expense of the beneficiary country. In completing this assignment, the KE will collaborate with Regional Fisheries Bodies with regional and sub-regional responsibility in supporting national administrations in developing national fisheries regulations. These bodies will be able to provide inputs to the common/harmonized regional approach in establishing national fisheries legislation. There are two key international commitments that Belize agreed should be considered in the elaboration of any national fisheries policy and management tools. Firstly, to cooperate and coordinate at both national and regional levels to take measures in accordance with international agreements on an ecosystem approach to conserve, manage and exploit fish stocks, taking into account existing guidelines developed by the FAO. Secondly, a United Nations General Assembly Resolution, on the initiative of Caribbean States, called upon Caribbean countries to develop an integrated management approach in the context of sustainable development. In addition to these specific requirements, there are a series of international agreements to which Belize is a signatory and should therefore be incorporated into national legislation. Technical Assistance will be provided through a Key Expert team: Senior Fisheries Legal Specialist (also Team Leader) supported by a Legal Specialist. The team will draft the Regulations and provide legal advice to the Government of Belize, Technical Team, and other stakeholders in the analysis of comments on drafts of the revised Fisheries Regulations as part of the legal review process, particularly in the context of Belize Public Law and other international laws. It is expected that the assignment will be completed in two phases to allow sufficient time for the FD to conduct additional internal consultations on the draft document and submit their respective recommendations to the KEs. The final output from the Consultant will be a final draft document which the FD may further refine before submission to the authorities for approval Geographical area to be covered Country covered by this current contract is Belize. The specific areas of study are the marine and inland resources in the entire country Target groups The target group for this activity is the Fisheries Department of Belize. Other indirect beneficiaries include Regional Fisheries Bodies (RFBs), other government departments, fishing sector (processors, traders, suppliers, etc.), fisher folk organizations/cooperatives, NGOs and fishers themselves. 4.2 Specific activities Specific activities This assignment may be completed in 2 phases and the Consultant should propose the timing of the phases: 1) Briefing with ACP Fish II Programme and the Fisheries Department (FD) in Belize to review Terms of Reference and agree on detailed work plan; 2) Convene formal meeting with the Minister/Chief Executive Officer in the Ministry of Agriculture, Solicitor General, and other key stakeholders to introduce the project; Page 7 of 15

27 3) In consultation with the FD, establish and hold first meeting of the project s Technical Team (to be appointed by the FD); 4) Consult and collaborate with the CRFM Secretariat during the execution of this consultancy for assessing key documents and ensuring a holistic and integrated approach to fisheries policy and management planning in the region; 5) Identify and collect national policy instruments (existing fisheries legislation, regulations, statutory instruments ) for the marine and inland fisheries, international obligations, related regional and national obligations and other legal or pertinent information that may have direct or indirect effects on fishing activities; 6) Review the fisheries regulatory and policy framework (based on documents collected above), both internal and external, and conduct analysis to identify gaps and/or deficiencies as part of a documented process; 7) Consult with key stakeholders including: government ministries and departments, fishermen organizations and cooperatives, NGOs, Research Institutions, private sector (as identified by members of the Technical Team); 8) Prepare a first draft of the revised fisheries regulations for discussion with the Technical Team; 9) Through the Technical Team, facilitate, organize and make all the logistical arrangements for eight (8) community/stakeholder consultation meetings (each of 1 day, indicative number of participants in each meeting is 30) to present the first draft of the revised fisheries regulations. There should be 1 meeting in the north, 1 central, 4 in the south, 1 on the Cayes, and 1 for the NGO community (or as specified by the Technical Team). The Key Experts will travel (hiring a vehicle and driver/water taxi/domestic flights) to these consultation meetings and may be accompanied by officers from the FD; 10) Prepare second draft Fisheries Regulations, incorporating inputs and comments from consultations and discussion with Technical Team. Undertake a round of meetings with the Technical Team, Solicitor General and others (as required); 11) Prepare an information note on the draft fisheries regulations to be distributed as part of the Validation Workshop and incorporated into a Press-Release; 12) With the support of the Technical Team organize, facilitate and make all the logistical arrangements (including arrange travel, transportation for participants as necessary, venue costs, communications ) for a Validation Workshop to present the revised fisheries regulations for discussion (1 day, indicative number of participants is 50). Selection of venue and logistics to be determined by the Technical Team; 13) Prepare final draft of revised fisheries regulations and present to the FD and the Ministry of Agriculture; 14) Prepare and submit Final Technical Report including photographic record of the assignment Communication and project visibility a) ACP Fish II projects should follow the EU requirements and guidelines for communication and visibility available on the Programme website at eu.org/index.php?page=templates&hl=en. The CU will provide ACP FISH II templates for various communication products. Page 8 of 15

28 b) Given the important communication potential of the National Validation Workshop for disseminating the results and activities of the Project and ACP Fish II Programme, the following activities will be requested: 1) The Consultant will provide all necessary information in press-release style ( Information Note ) on the project objectives and results, activities to undertake, the main axes or strategic goals proposed and the future role of the beneficiaries. 2) The Fisheries Administrations will receive the Information Note at least 3 days before the National Validation Workshop, through their Government communication/press bodies or officials, in order to mobilise local media and to assure full coverage of the event. Financial support to media coverage is included in the Incidental Expenditure. Receipt(s) of the incurred cost for media coverage will be required to verify the costs incurred. c) The Consultant will provide photographic record of the workshop activities Technical reporting The Consultant is required to prepare the following reports in English: i. An Inception Report (IR) no later than 10 days after the first Expert arriving in the place of posting for the first time. This report of a maximum of 10 pages in length will be submitted to the Fisheries Administration, RFU/CU. Comments, if any, on the IR must be provided by the Fisheries Administration, RFU/CU within 5 days from receipt. ii. An Interim Technical Report (ITR) including new draft Regulations will be submitted within 10 days on completion of the Stakeholder consultations, to the Fisheries Administration, the RFU/CU. Comments, if any, must be provided by the RFU/CU and the Fisheries Administration within 10 days. iii. A draft FTR will be submitted within one week of the experts leaving the country on conclusion of the assignment. Comments on the draft FTR, if any, must be provided by the RFU, CU and the Fisheries Administration within 14 days. The Final Technical Report (FTR), taking into account changes and comments will be submitted no later than 10 days from receiving those changes and comments. If no comments on the report are given within the time limit of 14 days, the draft FTR shall be considered as the FTR. The formats of technical reports are available on the ACP FISH II web site at eu.org/index.php?page=templates&hl=en. 4.3 Project management Responsible body The Coordination Unit (CU) of the ACP Fish II Programme, based in Brussels, on behalf of the ACP Secretariat is responsible for managing the implementation of this assignment.!! Management structure! The ACP Fish II Programme is implemented through the CU in Brussels and six Regional Facilitation Units (RFUs) across the ACP States. The RFU in Belize City, Belize covering ACP Member States in the Caribbean will closely supervise the implementation of this intervention and equally monitor its execution pursuant to these Terms of Reference. For the purposes of this assignment, the ACP Fish II Programme Coordinator will act as the Project Manager. Page 9 of 15

29 All contractual communications including requests for contract modifications or changes to the Terms of Reference during the execution period of the contract must be addressed with a formal request to the CU and copied to the RFU. Beneficiaries support for these changes is required Facilities to be provided by the Contracting Authority and/or other parties Not applicable. 5. LOGISTICS AND TIMING 5.1 Location The place of posting will be Belize City, Belize. Field visits and missions in the country will be carried out according to the approved timeline and workplan presented by the Consultant. 5.2 Commencement date & Period of implementation The intended commencement date of this assignment is 28 March 2013 and the period of implementation of field activities will be 5 months from the date of signature of the contract. Please refer to Articles 4 and 5 of the Special Conditions for the actual commencement date and period of implementation. 6. REQUIREMENTS 6.1 Personnel Key experts All experts who have a crucial role in implementing this assignment are referred to as key experts. Their profiles are described as follows: Key Expert 1: Senior Fisheries Legal Specialist and Team Leader Qualifications and skills Post-graduate degree in law (law of the sea, maritime law, fisheries or natural resource law or any other relevant specialization); High level of proficiency in spoken and written English and working knowledge of Spanish would be an advantage; Proven team leading skills. General professional experience Minimum of 8 years of relevant international experience in ocean law with a focus on fisheries; Proven report-writing, communication and project management skills Specific professional experience Specific experience in drafting fisheries legislation (minimum 4 assignments); Demonstrated knowledge of marine and inland fisheries legal issues and of international fisheries instruments; Related experience in the Caribbean region is required; Experience in carrying out consultancy assignments for the EU or other equivalent international development organisations (minimum 3 assignments); Page 10 of 15

30 The indicative number of missions outside the normal place of posting requiring overnights for this expert is 2. There will be in-country field visits outside the normal place of posting not requiring overnights for this expert. Key Expert 2: Legal specialist Qualifications and skills University degree, or equivalent, in law (law of the sea, fisheries or natural resource law or any other relevant specialization); High level of proficiency in spoken and written English, working knowledge of Spanish would be an advantage; General professional experience Minimum of 3 years experience in drafting, or supporting drafting, of fisheries law and policy; Proven skills in facilitating consultative processes with communities and stakeholders. Specific professional experience Proven experience in drafting or supporting the drafting of fisheries legislation (minimum 2 assignments); Good understanding of fisheries legal and policy issues and realities in the Caribbean region; Related experience in the Caribbean region is required and specific experience in Belize would be considered an advantage; The indicative number of missions outside the normal place of posting requiring overnights for this expert is 2. There will be in-country field visits outside the normal place of posting not requiring overnights for this expert. Indicative number of working days by expert and task No. Indicative Task Key Expert 1 Key Expert 2 (Days) (Days) 1 Briefing with ACP Fish II and FD Consultations (agencies, Technical Team, key 4 4 stakeholders) 3 Review documents and legal analysis Community consultation meetings Preparation and drafting of revised/new Regulations Validation workshop Team Leader tasks Preparation of reports 5 2 Total Additional information a) Key Experts are expected to spend at least 80 % of the total indicative number of working days in the country concerned. b) Note that civil servants and other staff of the public administration of the beneficiary country cannot be recruited as experts, unless prior written approval has been obtained from the European Commission. c) The Consultant must complete a timesheet using the ACP Fish II template provided by the CU at the start of the implementation period. The Consultant is entitled to work a maximum of 6 days per week. Mobilisation and demobilisation days will not be considered as working days Other experts No other experts will be recruited under this assignment. Page 11 of 15

31 6.1.3 Support staff & backstopping Backstopping and support staff costs are considered to be included in the fee rates of the experts. 6.2 Office accommodation Office accommodation of a reasonable standard and of approximately 10 square metres for each expert working on the assignment is to be provided by the FD. 6.3 Facilities to be provided by the Consultant The Consultant shall ensure that experts are adequately supported and equipped (IT and communication tools and printing services). In particular, it shall ensure that there is sufficient administrative, secretarial and interpreting provision to enable experts to concentrate on their primary responsibilities. It must also transfer funds as necessary to support its activities under the assignment and to ensure that its employees are paid regularly and in a timely fashion. If the Consultant is a consortium, the arrangements should allow for the maximum flexibility in project implementation. Arrangements offering each consortium member a fixed percentage of the work to be undertaken under the contract should be avoided 6.4 Equipment No equipment is to be purchased on behalf of the Contracting Authority or beneficiary country as part of this service contract or transferred to the Contracting Authority or beneficiary country at the end of the contract. Any equipment related to this contract which is to be acquired by the beneficiary country must be purchased by means of a separate supply tender procedure. 6.5 Incidental expenditure The Provision for incidental expenditure covers the ancillary and exceptional eligible expenditure incurred under this contract. It cannot be used for costs which should be covered by the Consultant as part of its fee rates, as specified above. Its use is governed by the provisions in the General Conditions and the notes in Annex V of the contract. It may cover: a) KEY EXPERTS Travel costs and daily subsistence allowances (perdiems) for missions for Key Experts, outside the normal place of posting, to be undertaken as part of this contract. If applicable, indicate if the provision includes costs for environmental measures, for example CO2 offsetting. Travel costs for field visits for the Key Experts (car or boat rental, fuel and domestic flights or other appropriate means of transport). Any subsistence allowances to be paid for missions undertaken as part of this contract must not exceed the per diem rates published on the European Union (EU) website at: a) WORKSHOP/TRAINING/CONSULTATIONS ORGANISATION b) The cost of organisation of the Regional Validation and Training Workshop including cost for venue, communication(banner, flyer, posters, etc) and media activities, transport (domestic travel or car or boat rental to/from); c) The payment of a lump-sum to participants requiring an overnight stay to cover accommodation and meals. This lump-sum payment will be up to 150 EUR and must not exceed the published EU per diem rate for the country; Page 12 of 15

32 d) The payment of a lump sum, up to 15% of the published EU per diem rate for the country, to all participants not requiring an overnight stay, to cover the cost of transport and meals; In the two cases above, an attendance list signed by each participant and a separate list stating that the lump-sum was received (with an indication of the amount) shall be used to justify the expenditure e) FUNDING OF NATIONAL/REGIONAL ADMINISTRATION OFFICERS ACCOMPANYING KEY EXPERTS ON MISSIONS. Exceptionally, the cost of flights, accommodation and meals for the representatives of fisheries administrations or regional fisheries bodies accompanying the Key Experts on regional or national missions or in-country field visits, under the following conditions: i) Request of a prior approval to the CU, attaching to this request the declaration issued by local fisheries administrations or regional fisheries bodies stating that the cost of this extra activity for their officers cannot be covered given the internal budget restrictions. The administration should acknowledge, despite this, the need of the attendance of its officer for an effective project implementation. ii) The total cost for accommodation and meals based on actual cost (invoices to be provided) cannot exceed the EU per diem rate for the country. iii) If private or administration s means of transport are used by the representatives of fisheries administrations or regional fisheries bodies accompanying the Key Experts on regional or national missions, fuel cost will be reimbursed upon receipt of the officer s reimbursement request based on distance travelled and local price for fuel per unit. In case of field visits, not requiring overnights, the same procedures apply for meal and transport costs. f) TRANSLATION None required. g) OTHER The cost of producing communication items, printing charts, maps and other technical documents outside normal editing formats to be used in consultations and workshops The cost of producing up to three extra copies of the Final Technical Report, to be presented to the Belize FA, upon formal request from local authorities. The Provision for incidental expenditure for this contract is EUR 58,408. This amount must be included without modification in the Budget breakdown. 6.6 Expenditure verification The Provision for expenditure verification relates to the fees of the auditor who has been charged with the expenditure verification of this contract in order to proceed with the payment of further pre-financing instalments if any and/or interim payments if any. The Provision for expenditure verification for this contract is EUR 1,500. This amount must be included without modification in the Budget breakdown. This provision cannot be decreased but can be increased during the execution of the contract. Page 13 of 15

33 7. REPORTS 7.1 Reporting requirements Please refer to Article 26 of the General Conditions. There must be a final report, a final invoice and the financial report accompanied by an expenditure verification report at the end of the period of implementation of the tasks. The approved Final Technical Report (FTR) must be annexed to the Final Report (FR). The final report must be submitted to the CU after receiving the approval of the Final Technical Report (FTR). Note that this final report is additional to any required in Section 4.2 of these Terms of Reference. The Final Report (FR) shall consist of a narrative section and a financial section. The financial section must contain details of the time inputs of the experts, of the incidental expenditure and of the provision for expenditure verification. To summarise, the Consultant shall provide the following reports (as requested in section and 7.1): Name of report Content Time of submission Inception Report Analysis of existing situation and plan of work for the project No later than 10 days after the first Expert arriving in the place of posting for the first Interim Technical Report (ITR) Draft Final Technical Report Final Technical Report Final Report Results of the legal analysis including draft Fisheries Regulations Description of achievements, problems encountered, recommendations and technical proposals suggested by the consultant, including draft fisheries regulations Draft Final Technical Report taking into account changes and comments from the RFU, CU and the fisheries administrations or regional fisheries bodies, produced within 14 days from delivery of the DFTR. Short description of achievements including problems encountered and recommendations and suggestions; together with the Final Technical Report and a final invoice and the financial report accompanied by the expenditure verification report. time. No later than 10 days after completion of the Stakeholder Consultations. Within one week of the experts leaving the country on conclusion of the assignment Within 10 days after receiving comments on the Draft Final Technical report (DFTR) After receiving the approval of the Final Technical Report (FTR). 7.2 Submission & approval of reports One electronic copy of the reports referred to above must be submitted to the Project Manager identified in the contract (CU), the RFU, to FA involved. Two hard copies of the approved Final Technical Report must be submitted to the CU, 3 hard copy to the RFU, one hard copy to FA involved. The Final Technical Report must be written in English.The Project Manager is responsible for approving the reports. The original and a hard copy of the Final Report (FR) must be submitted to the CU together with Page 14 of 15

34 its annexes and supporting documents. The cost of producing and shipping such material will be included in the fees. 8. MONITORING AND EVALUATION 8.1 Definition of indicators The results to be achieved by the Consultant are included in Section 2.3 above. Progress to achieving these results will be measured through the following indicators: i. Quality of consultants fielded (in terms of the demonstrated skills and experience related to the assignment) and speed of mobilization; ii. Quality and timeliness of communication with the primary beneficiary and other stakeholders; iii. Identification of issues and problems as recorded in the Inception Report; iv. Organisation and facilitation of the required meetings and workshops; v. Reported involvement (attendance and participation) of stakeholders in consultation process and Validation Workshop; vi. Implementation in line with agreed timetable and work plan; vii. Technical quality and scope of the Fisheries Regulations prepared. The Consultant may suggest additional monitoring tools for the contract duration. 8.2 Special requirements Not applicable. Page 15 of 15

35 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE Appendix 2 Itinerary, institutions and individuals consulted [1] Itinerary Mission June 6 July Preliminary planning meeting (13 June) First mission activities (17 June-16 July) o Fisheries Department meetings, Core Team meetings, meetings with other key stakeholders (including Solicitor General s office) Mission August 13 September Workshop planning meetings (23-27 August) Community consultations and national workshop: Sartenja (North) Caye Caulker (Cays) San Pedro (Cays) Belize City Placencia (South) Dangriga/Hopkins (South) Monkey River (South) Punta Gorda (South) National Review Workshop (Belize) 28 August 29 August 30 August 3 September 4 September 5 September 6 September 7 September 12 September Mission September 9 October Review meetings (30 September-7 October) Liaison meeting with FAO 7 October Senior Staff / FAO Review Meeting 8 October [2] Institutions and individuals consulted Name Organization address Hon. Lisel Alamilla Minister of Forestry, Fisheries and Sustainable Development minister@ffsd.gov.bz Dr. Wendel Parham Chief Executive Officer, Ministry Minister of Forestry, Fisheries and Sustainable ceo@ffsd.gov.bz Project Funded by the European Union A project implemented by POSEIDON A!!"#$%&

36 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE Development Beverly Wade Fisheries Department (Administrator) George Myvett Fisheries Department Felicia Cruz Fisheries Department Wilfrido Pott Fisheries Department James Azueta Fisheries Department Isabel Martinez Managed Access Programme Isaias Majil Fisheries Department Llewellyn Smith Fisheries Department Adriel Castaneda Fisheries Department Inesita Garcia Fisheries Department Ramon Carcamo Fisheries Department Lyndon Rodney Fisheries Department Rigoberto Quintana Fisheries Department Julio Maaz WCS Janet Gibson WCS Vivian Belisle Ramnarace Fisheries Department Calman Hall Fisheries Department Hampton Gamboa Fisheries Department Michelle Daley Deputy Solicitor General Donna Marie Neaves-Rostante Parliamentary Counsel Nigel Hawke Solicitor General Karine Erikstein FAO Project Funded by the European Union A project implemented by POSEIDON A!!"#$%'

37 !!"#$%&'#(%&)&'*+),(%$)%,*-.&.'%/%&#*)&*012* 134&#$)%,!****************************************** **************************************************************************************************************************** * Inception Report PROJECT TITLE: SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE Project ref. N CAR/1.2/3B Region: Caribbean Country: Belize Date 26 June 2013 Assignment implemented by Poseidon Aquatic Resources Management Project Funded by the European Union. This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of name of the author and can in no way be taken to reflect the views of the European Union. The content of this document does not necessarily reflect the views of the concerned governments.

38 SUPPORT TO UPDATE THE FISHERIES LEGISLATION IN BELIZE Inception Report 1) Short Background 1. The current fisheries legislation in Belize is somewhat out-dated. The principal act is the Fisheries Ordinance (dated September 24, 1948) consolidated in Chapter 174 of the Laws of Belize Fisheries Regulations were issued for the management of resources in 1977 and have been amended a number of times since their issuance. These Laws define the powers of fisheries officers; prohibit commercial fishing, research, and export without proper licenses; control the use of poisons and explosives; allow for the inspection, seizure and forfeiture of nets; and set guidelines for the levying of penalties for breach of fisheries regulations. However, the rules do not reflect the latest practice in international fisheries law and policy. 2. A new draft Act the Aquatic Living Resources Bill governing fisheries has been developed in Belize, but currently awaits not only enactment but also finalisation of the text within the Government (a number of policy matters remain outstanding). Nevertheless, the draft Act sets the framework for the current project. It addresses the following issues: Objectives and principles Fisheries council, fisheries funds, etc. Fisheries conservation, management and development Marine and inland water reserves Local fishing licenses Foreign fishing within Belize fisheries waters Provisions applicable to both foreign and local fishing Fishing by Belizean vessels in waters beyond national jurisdiction Implementation of international conservation and management measures Port measures Marine scientific research and test fishing operations Prohibited fishing methods, stowage of gear and transshipment Record of fishing vessels Aquaculture Monitoring, control and surveillance Jurisdiction and evidence Sale, release and forfeiture of retained property Regulations Project Funded by the European Union A project implemented by Poseidon ARM!"#$%

39 SUPPORT TO UPDATE THE FISHERIES LEGISLATION IN BELIZE 3. The Draft Act incorporates modern conservation and management principles, it is in compliance with international laws and is designed to be able to withstand challenges of the local court. 4. The primary purpose of this assignment is to support the fisheries administration of Belize to review existing regulations and draft new Fisheries Regulations for all marine and inland fisheries. The approach to the development of the regulations should be participatory (similar to the approach used to develop the draft Aquatic Living Resource Bill) with regular meetings being held between the Technical Team and other key stakeholders, and a series of community consultations culminating in a national validation workshop. These processes will enable key stakeholder groups to effectively participate in the process and provide meaningful inputs. 5. The overall purpose and results to be achieved by the Project are recalled as follows: The purpose of this assignment is to update the fisheries regulations to strengthen the capacity of the Fisheries Administration in managing marine and inland fisheries. The results to be achieved are: 1. Technical review and Stakeholder consultations on fisheries regulations conducted 2. Validation workshop to review the draft regulations completed 3. Draft fisheries regulations updated and presented to the Fisheries Department 6. The Project commenced in June. A preparatory meeting took place with the Fisheries Department on 13 June, and the first mission commenced on 17 June. 2) Comments on Terms of Reference 7. No changes to the terms of reference are foreseen, and no difficulties are anticipated in implementation. 8. While not listed amongst the express assumptions, it was an underlying assumption of the terms of reference that the draft Act would either be enacted or would be finalised in terms of its content. This is not the case the Belize Solicitor-General has a number of outstanding queries concerning the text, a number of policy issues remain to be determined and the process of drafting finalisation by the parliamentary draftspersons (which may result in important modifications affecting the drafting of the regulations). The Key Experts have agreed to draft the Regulations on the basis of the latest draft text, and to keep the situation under continual review. Depending on the final circumstances, the Key Experts will draft the regulations accordingly and present recommendations to the Fisheries Department. 9. In light of a request from the Fisheries Department to not engage stakeholders until the first draft of the Regulations was complete, the Consultant intends to revise the approach described in the technical proposal in that more time will be allocated to in-country consultations during the second mission and the first mission will be more streamlined. 10. Finally, it should be mentioned that the Fisheries Department have made arrangements for a complementary technical assistance project, to be managed by FAO. The main purposes Project Funded by the European Union A project implemented by Poseidon ARM!"#$&

40 SUPPORT TO UPDATE THE FISHERIES LEGISLATION IN BELIZE of this project are to provide peer review of the consultant s draft regulations by legal experts from the FAO Development Law Service and, following the completion of the current project, to provide further advice and training to the Fisheries Department on the implementation of the regulations. The Key Experts have indicated their agreement to cooperate with FAO, including in the peer review exercise (which is considered by the Key Experts to be a useful part of any legislative drafting process). 3) Approach to the assignment 11. The Consultant has developed, in consultation with the Fisheries Department, both an approach to drafting the Regulations and an approach to carrying out the consultations. 12. In drafting the new Regulations, it will be important to ensure that the Regulations are consistent with various contexts. Most importantly, it will be essential that the Regulations match the policy, management and administration needs of the Fisheries Department. In this regard, the Key Experts have already started working very closely with key members of the Fisheries Department. In addition, the Key Experts will have close regard to the need for consistency with: Belize public law and conventions on legislative drafting international and regional international fisheries frameworks and best practice, in particular those to which Belize has signed up to Belize fisheries law (on the assumption that the new Aquatic Living Resource Bill will become law, but adaptable in case that process is delayed) related laws and policies affecting the fisheries sector in Belize. 13. In designing and implementing the consultation process, it will be important to ensure an extensive reach so that as many stakeholders as possible can be consulted (and to this end, a range of consultation tools should be developed and implemented). At the same time it will be essential to ensure close and continuous consultation with the Fisheries Department (in particular through the technical team) and with other key stakeholders. 14. As foreseen in the ToR, the assignment will be completed in two phases to allow sufficient time for the Fisheries Department to conduct additional internal consultations on the draft document and submit their respective recommendations to the Key Experts. 4) Set up and members of the Project Monitoring Team 15. The Fisheries Department is providing very efficient support to the project, and has immediately mobilised a technical team which has been working closely with the Key Experts. Within the fisheries department, the members include: Rigoberto Quintana, Policy & Planning Officer Lyndon Rodney, Enforcement Officer Calman Hall, Enforcement Officer Hampton Gamboa, Enforcement Officer Majil Isaias, MPA Coordinator Project Funded by the European Union A project implemented by Poseidon ARM!"#$'

41 SUPPORT TO UPDATE THE FISHERIES LEGISLATION IN BELIZE Adriel Castañeda, Policy & Planning Officer Vivian Ramnarace, Policy & Planning Officer James Azueta, Policy & Planning Officer Ramon Carcamo, Policy & Planning Officer 16. A representative from WCS, Julio Maaz, is also participating in the core technical team (WCS continue to be closely involved in developing the draft Act). 17. In addition, the Director (Beverley Wade) and Deputy Director (George Myvett) are participating in key meetings. 5) Proposed work plan 18. A proposed work plan has been developed in close consultation with the Fisheries Department and the RFU. The plan is attached in the Appendix. 6) Results of initial document review, consultations and TNA, etc. 19. As noted above, the Fisheries Department wish that stakeholders are not engaged until the first draft of the Regulations are complete. Therefore, currently consultation meetings have only taken place with the fisheries department and with the office of the Solicitor General. During the first mission, other governmental consultations will be organised, including with IMMARBE (responsible for licensing of high seas fishing vessels) and BAHA (responsible for food safety). 20. The main documents reviewed to date are the existing regulations and other relevant laws. Further policy documents have been requested, and are being compiled. The review of the existing legislation has revealed a large number of inconsistencies and gaps in the current regulations. 7) Key issues to be addressed/solved including visibility activities 21. The initial review of the existing regulations, combined with the initial consultations with the Fisheries Department, indicate that the regulations will need to address four main areas (possibly as separate sets of regulations, or parts of a single set of regulations): a. Fisheries conservation and management rules, technical measures, etc. b. Licensing and control c. High Seas sanctions (this is a separate, and quite complex, regulation expressly foreseen in the draft Act) d. Marine reserves. 22. Combined, these regulations will be quite substantial and will take some time to draft on the part of the Key Experts. It is therefore proposed to tackle one part at a time, focussing first on those requiring most discussion within the Fisheries Department (being (a) and (b)). It is not anticipated, however, that many of the regulations will require substantive amendment, many will be replicated in the new regulations (part of the role of which is to consolidate and better organise the existing regulations). Project Funded by the European Union A project implemented by Poseidon ARM!"#$(

42 SUPPORT TO UPDATE THE FISHERIES LEGISLATION IN BELIZE 23. The second set of key issues concern the organisation and conduct of the community consultations. Detailed discussions have already been undertaken with the Fisheries Department and planning is underway. It is proposed to hold the following meetings: Sartenja (North) 28 August Caye Caulker (Cays) 29 August San Pedro (Cays) 30 August Belize City 1 3 September Placencia (South) 4 September Dangriga/Hopkins (South) 5 September Monkey River (South) 6 September Punta Gorda (South) 7 September 24. The national validation workshop is proposed to take place in Belize City on 12 September. It is anticipated that this meeting will be held at the Princess Hotel. 25. Venues are currently being identified, and community leaders are being made aware of the forthcoming process. Logistical arrangements are being assessed. 26. A communication strategy will be developed with the Fisheries Department, to promote awareness (and participation in) the community consultations and to raise awareness more generally in the Belize fisheries sector of the consultations on the new regulations. Visibility issues will be fully addressed. 27. An additional element to the communication strategy, not specifically foreseen in the terms of reference, but nevertheless a key component of the communications strategy and a key aspect of building capacity in Belize to promote, implement and consult on its new regulations will be the development of the Fisheries Department website. The Fisheries Department have requested the engagement of a local web development company to help develop their existing website by ensuring it conforms to basic web design standards, making it more accessible to users, enabling and training fisheries department staff to maintain and update the website. The Key Experts will also input into the development, by advising on the information that should be maintained on the website concerning the new regulations and future updates to the regulations. 8) Financial statement 28. None required. 9) Recommendations 29. It is recommended that the inception report, and the planning presented, is approved. 1 A combined meeting for all stakeholders, including fishing industry and NGOs. Project Funded by the European Union A project implemented by Poseidon ARM!"#$)

43 SUPPORT TO UPDATE THE FISHERIES LEGISLATION IN BELIZE Appendix Proposed Work Plan Stage 1: Preparatory Work (Completed) Upon arrival in Belize, the experts will focus initially on establishing contacts with the key stakeholders (ACP Fish II Office, Fisheries Department officials, Ministry of Agriculture officials, Solicitor General, CRFM Secretariat) and will work with the Fisheries Department in establishing the project Technical Team. Documents will be collected, and the fisheries regulatory and policy analysis (including a technical gaps analysis) will be discussed with the Technical Team. The key issues for the new regulations will be identified. The draft work plan will also be discussed, and finalised. Stage 2: First Draft of Regulations [Corresponding tasks in ToR: 1 to 6] Feeding on the results of the initial review with the Fisheries Department and other key stakeholders, Stage 2 will focus on drafting the first version of the draft Regulations. The experts will discuss these closely with the Technical Team, and through additional consultations as necessary, allowing the Technical Team substantial opportunity to input and feedback into the drafting process. A complete first draft will be presented to the Technical Team before departure from Belize at the beginning of week 3 of the first mission. Stage 3: Review; Consultation Preparations [Corresponding tasks in ToR: 7 to 8] Stage 3 will consist of a detailed review with the Fisheries Department of the first draft Regulations. The objective will be to identify gaps, issues and corrections and to further identify the needs of the Department in the regulations. A revised draft will be made during this week. In addition to the draft Regulations, the experts will also make recommendations and prepare model materials to be used by the Fisheries Department in conducting internal consultations. The recommendations and model materials will be based on international best practice models on public participation and consultation in legislative processes. Stage 4: Phase 2 Preparations / Support [Corresponding tasks in ToR: 7 to 8] Between the first and second missions, the experts will make the necessary preparations for the stakeholder meetings and the national workshop. Regular contact and availability will be maintained to answer queries from the Technical Team and to support the internal consultations. The results of the internal consultations will be reviewed by the experts. [Corresponding tasks in ToR: 7 to 8] Project Funded by the European Union A project implemented by Poseidon ARM!"#$*

44 SUPPORT TO UPDATE THE FISHERIES LEGISLATION IN BELIZE Stage 5: Stakeholder Meetings Stages 5-6 will be conducted entirely in Belize. After review meetings with the Technical Team, the experts will conduct the Community/Stakeholder Consultation Meetings. The Experts will prepare information documents, presentation handouts and copies of the draft Regulations (which will be sent in advance to participants). During the meetings, the experts will provide presentations (using PowerPoint presentations) adapted to each meeting. The meetings will take place in the regions foreseen in the ToR (with precise locations to be agreed with the Fisheries Department, taking account of the institutional and stakeholder mapping prepared by the experts). [Corresponding tasks in ToR: 9] Stage 6: National Validation Workshop The results of the Meetings will be fed into the draft Regulations, and a second draft of the Regulations will be produced and reviewed through further consultations with key stakeholders. The experts will then prepare information documents, presentation handouts and copies of the revised Regulations for consideration at the Validation Workshop. The results of the Workshop will be fed into a final draft of the revised Regulations which will be presented to and reviewed with the Fisheries Department. [Corresponding tasks in ToR: 10-13] Stage 8: Project Finalisation and Reports The final reports will be prepared, to include a photographic record of the assignment, as foreseen in the ToR. Project Funded by the European Union A project implemented by Poseidon ARM!"#$+

45 SUPPORT TO UPDATE THE FISHERIES LEGISLATION IN BELIZE! "#$%&'()%!*+!',&#-#&#%.!!!! /0'.%!1!! /0'.%!2!!!! "'.3!4'$%!5&#$%.!#4!6'7.8! 9*,:! BC;!5D! 1AC11! 1!5;! 12!51G! 1?!52B! 1B!5G! 1>!51B! 1D!522! L4! <=)C?! JK1! JK2! <=48! <=48! <=48! <=48! E=F8! E=F8! H%I8! H%I8! H%I8! H%I8! M%F#*4! E=F8! E=F8! 1:!/M%I'M'&*M7!I0'.%! && && && && && & && && && && && +-+&./$0$1#&23/0120&4$05&6"7&8016"53#9":8& && && && && && & && && && && && '&()*+,& && && && && && & && && && && && '& && '& +-'&./80$0>0$3/1#&1/9&8016"53#9":&?1BB$/A& && && && && && & && && && && && +-C&D:1=0&$/$0$1#&43:6&B#1/&=3:&9$82>88$3/& && && && && && & && && && && && 2:!N*44%,&#*4.!'46!E..%..$%4&! && && && && && & && && && && && ;-+&!:$"=$/A&4$05&FGH&I$85&..&J&ID& && && && && && & && && && && && ;-;&K""0$/A8&4$05&6"7&8016"53#9":8& && E&()*+,& && && && && & && && && && &&!"#$%"& ;-'&*801L#$85?"/0&3=&MM& && E&()*;,& && && && && & && && && && && E& E& +;& ;-C&D$82>88$3/&3=&43:6&B#1/& && && && && && & && && && && && ;-N&O"<$"4&:"A>#103:7&J&B3#$27&=:1?"43:6& && && && && && & && && && && &&?:!H&'3%0*)6%M!N*4.=)&'&#*4.!'46!O%-#%P! && && && && && & && && && && && '-+&H:"B1:"&$/2"B0$3/&:"B3:0& && && && && && & && && && && &&!"#$%"& E&()*+,& '-;&./$0$1#&8016"53#9":&23/8>#010$3/8& && && && && && & && && && && && E& && E& '-'&H:"#$?$/1:7&9:1=0$/A&"P":2$8"& && && && && && & && && && && && Q!H=($#&!#4,%I&#*4!M%I*M&! && && && && && && && & && && && && && && && && && && && && & && && && && &&!"#$%"& E&()*+,& C-+&D:1=0$/A&#"A$8#10$3/& && && && && && & && && && && && E& && E& C-;&D:1=0$/A&23/8>#010$3/&?10":$1#8& && && && && && & && && && && && Q3?"& N&()*+,& && && && && && & && && && && && L18"& R&()*;,& C-C&I$/1#$810$3/&1/9&:"B3:0$/A& && && && && && & && && && && && N& R& && Q!H=($#&!L"O! && && && && && && & && && && && && && && && & Q!L4&%M4')!,*4.=)&'&#*4.!5R#.0%M#%.!S%I'M&$%4&8! && && && && && && & && && && && && && && && & B:!/0'.%!2!IM%I'M'&#*4.!V!.=II*M&! && && && && && && && && && && && N-+&I$/1#&#3A$80$21#&1::1/A"?"/08&=3:&&?""0$/A8& && && && && && && && && && && && N&()*;,& N-;&&G3/8>#010$3/&:"<$"4&1/9&8>BB3:0& && && && && && && && && && && && N-'&H:"B1:10$3/&3=&?""0$/A&J&43:6853B&?10":$1#8& && && && && && && && && && && &&!"#$%"& >:!H&'3%0*)6%M!U%%&#4F.! && && && && && && & && && && && N& N& E-+&O"<$"4&?""0$/A8&4$05&MM& && && && && && && & N&()*+,& E&()*+,& && && && E-;&S016"53#9":&?""0$/A8& && && && && && && & E&()*;,& E&()*;,& && && && ++& +;& ;'& E-'&O"<$"4&3=&23/8>#010$3/8&J&:"<$8"&9:1=0&#"A$8#10$3/& && && && && && && & && && && Project Funded by the European Union A project implemented by Poseidon ARM!"#$%

46 SUPPORT TO UPDATE THE FISHERIES LEGISLATION IN BELIZE D:!W')#6'&#*4!P*M3.0*I! && && && && && && & && && '&()*+,& && && && && && && && && && && && & && && '&()*;,& && && '& '& E& T-C&U1#$910$3/&43:6853B& && && && && && && & +&()*+,& && && +&()*;,& && && +& +& ;& T-N&H:"B1:"&=$/1#&9:1=0& && && && && && && & ;&()*+,& && && ;&()*;,& '&()*;,& && ;& N& T& G:!/M*X%,&!+#4')#.'&#*4!'46!M%I*M&.! && && && && && && & && && && && +&()*+,& Q3?"& R-+&D:1=0&=$/1#&:"B3:08& && && && && && && & && && && && +&()*;,& L18"& Q!H=($#&!R#4')!M%I*M&.! && && && && && && & && && && && && +& +& && & & & & & & & & & & & & & & CC& C+& R;V& Project Funded by the European Union A project implemented by Poseidon ARM!"#$&'

47 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE Appendix 4 List of reports and documents consulted Legislation! Fisheries Act 1948! Draft Fisheries Act (2013 version)! Fisheries Regulations! Fisheries (Export Of Fish) Regulations! Marine Reserves Regulations! Hol Chan Marine Reserve Regulations! Fisheries (Glovers Reef Marine Reserve) Regulations! Fisheries (Port Honduras Marine Reserve) Regulations! Fisheries (Bacalar Chico Marine Reserve) Regulations! Fisheries (Gladden Spit And Silk Cayes Marine Reserve) Regulations! Fisheries (Hol Chan Area Marine Reserve) Order! Fisheries (Bacalar Chico Marine Reserve) Order! Fisheries (Sapodilla Cayes Marine Reserve) Order! Fisheries (South Water Caye Marine Reserve) Order! Fisheries (Caye Caulker Marine Reserve) Order! Fisheries (Port Honduras Marine Reserve) Order! Fisheries (Gladden Spit And Silk Cayes Marine Reserve) Order! Fisheries (Glovers Reef Marine Reserve) Order! SIs subsequent to the 2003 consolidation:! Fisheries (Amendment) Regulations 2005! Fisheries (Nassau Grouper & Species Protection) Regulations 2009! Fisheries (Sea Cucumber) Regulations 2009! Fisheries (Species Designation and Protection) Regulations 2009! Fisheries (Amendment) Regulations 2009! Fisheries (Amendment) Regulations 2011! Fisheries (Amendment) (No. 2) Regulations 2011! Fisheries (Amendment) Regulations 2012! Fisheries (Turneffe Atoll Marine Reserve) Regulations 2012! Coastal Zone Management Authority (Sport Fishing) Regulations 2009! Registration of Merchant Ships Disciplinary Regulations 1999 Documents, Reports, Literature! CARICOM. Guidelines for Instructions to Draft and Process Legislation (CARICOM, revised 2011)! C. Grieve. Environmental and Social Criteria for Allocating Access to Fisheries Resources (Pew Environment, 2009) Project Funded by the European Union A project implemented by POSEIDON A!!"#$%&

48

49

50

51

52

53

54 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE SARTENEJA HOPKINS Project Funded by the European Union A project implemented by POSEIDON A!!"#$%&

55 SUPPORT TO UPDATE THE FISHERIES REGULATIONS IN BELIZE REVIEW WORKSHOP Project Funded by the European Union A project implemented by POSEIDON A!!"#$%'

56 PART 1: GENERAL APPROACH 1. There are three main objectives or tasks involved in reviewing and updating the Belizean fisheries regulations: a. The existing Regulations need to be consolidated (and simplified). Over time, the Regulations have been developed on an ad hoc and somewhat inconsistent manner. Various discrepancies, inconsistencies and redundancies have emerged, and the regulations are overly complex and cumbersome. (For example, virtually every licensed activity appears to require a specific application form and specific licence or permit, as set out in the Regulations). b. The new Regulations need to be consistent with the new Act, for example by referencing the right authority or procedure, and by utilizing the same terminologies. In addition, any new measures must be consistently with the procedures and powers in the new Act. c. New measures (policy-based changes, updates, etc.) need to be added to the Regulations, according to instructions received from the Fisheries Department. The range of such changes is potentially substantial, from minor modifications to technical rules through to major policy changes (for example, relating to limited entry). These changes also include some entirely new Regulations, for example the High Seas Sanctions Regulation foreseen in the draft Act. PART 2: BETTER REGULATION PRINCIPLES 2. It is important to ensure that the Regulations are properly designed, so that they create the regulatory effect that is intended (and are enforceable), and are clearly drafted so that they are easily understood by users (whether those subject to them or those responsible for implementing and enforcing them). It is also essential that stakeholders are engaged in them, both with respect to inclusion in their development and understanding of the objectives behind them, so as to ensure that the Regulations are appropriate to the needs of the industry, are widely understood and respected (and therefore more likely to be respected. 3. While there is no single methodology for achieving better regulation, there are five key principles that are common in most approaches:

57 Figure 1 Better Regulation Principles 4. These regulatory principles are applicable to the selection, design and implementation of the proposed regulatory amendments in Belize, and will be applied as far as possible within the project methodology. They highlight the important role of stakeholder participation through the community and national workshops, as well as the need for wider stakeholder consultation outside of these processes. They also underline the need for the policy objectives and mechanisms behind new regulatory measures to be specified effectively, and for the measures to be capable of adequate implementation once introduced. PART 3: RECOMMENDED METHODOLOGIES Consolidation / simplification 5. The tasks involved here are lengthy and quite complex. First, there is a large volume of regulations which need consolidating (although the resulting regulations will be much slimmer due to the simplification changes). A list of the existing regulations to be consolidated is reproduced in Appendix A. 6. The inconsistencies and redundancies have to be identified and removed, 1 and then the remaining text has to be reorganized and simplified. As noted above, a key area for simplification will be the licensing formalities, although this question is connected to the wider policy proposals for revising licensing. 7. Related to this task is also the need to ensure that the existing text of the Regulations is sufficiently precise, or achieves the objectives sought, and that they are enforceable (taking account also of the context of increasingly well-defended prosecutions by fishers and lawyers). For example, many of the regulations refer to 1 Some of the more important inconsistencies concern the regulations concerning trawling, turtles and lobster/crawfish.

58 an offence of taking certain illegal (for example, undersized) fish where taking included all operations preparatory, and subsequent to an attempt - whether successful or not - to capture, kill, pursue, or otherwise harm or reduce to possession any fisheries resource. This definition is too wide for the offence of catching undersized fish, however, as it should not be an offence to catch an undersized fish (which will typically be inadvertent) but should be an offence to retain it, land it, etc. 8. Finally, it is recommended that as part of the simplification the Regulations are reorganized into four parts or sets of regulations: a. Fisheries Conservation Regulations, dealing with the technical conservation measures and other fishing rules (directed mainly at fisherfolk) b. Licensing, Control and Management Regulations, dealing with the basic rules and procedures for licensing, and dealing with other procedural aspects of implementing the new Act s management and MCS provisions. c. High Seas Sanction Regulations, should be developed as a discrete set of regulations. d. Marine Reserves Regulations, with the regulations to remain as standalone regulations for the individual marine reserves but with the regulations to be standardised and strengthened. Consistency with the new Act 9. This stage of the process has two elements. First, the text of the new Regulations needs to be consistent with the text of the new Act, for example by referencing the right authority or procedure, and by utilizing the same terminologies. Some definitions in the new Act replace or could replace existing terms in the current Regulations (for example, fishing, fisheries waters, closed season, etc.). Additionally, some functions are transferred (from the Minister to the Administrator). 10. The second element involves ensuring that the regulations are procedurally correct. Since it must be anticipated that the new Regulations will be made under the new Act, there must be an applicable regulation making power and the regulations must be made in accordance with it. It may be noted, however, that the Regulation making powers are very wide in the Act and all of the proposals that have been presented to the Key Experts are considered to be consistent with the Act. 11. There is a further consideration concerning the manner of implementation of the Act. In certain respects, the Act envisages that as part of the overall regulatory and management framework certain other measures may be applied to the design and

59 adoption of regulations. In particular, the Act envisages that fisheries (in particular those designated as being the most important) will be managed through fisheries management plans. As part of this process, stakeholder consultation and various planning measures are obligatory. If the Act s objectives and intentions are to be fully attained, these fisheries management plans should form the foundation of future regulatory measures (at least those which involve major policy developments). New measures (policy-based changes, etc.) 12. A large number of proposed new measures have been presented by the Fisheries Department. As noted above, these all appear in principle to be consistent with the new Act. 13. However, the view of the consultants is that the new measures as policy proposals are in different stages of development and not all are ready for regulatory drafting at this stage. 14. In making this assessment, the consultants consider first the role of regulations within the overall policy and management framework need to be considered. While the new Act (and to an extent, the current Act) provides the basis for the types of measures being considered, in some cases the policy formulation is not fully developed (as the Act envisages). For example, and depending on the particular measure, the scientific evidence may not have been evaluated, the impact or effect of measures might no have been evaluated or the process of consultation may be so far insufficient (such that stakeholders do not yet evidence a body of support). 15. Additionally, some policy measures are not sufficiently developed at the implementation level. (Regulatory decisions need to take account of the realities of existing and future Figure 2 - Regulatory context! capacities to implement, for example in terms of administrative planning and readiness, human resources and expertise, technical capacity and infrastructure and funding, etc.). 16. The new Act will only achieve its goals if regulations are designed in the proper way, and take account of the full regulatory context (i.e. the need for fully formed policies, and implementable operational / administrative measures). 17. In

60

61 APPENDIX A SIs included in the 2003 consolidation: a. Fisheries Regulations b. Fisheries (Export Of Fish) Regulations c. Marine Reserves Regulations d. Hol Chan Marine Reserve Regulations e. Fisheries (Glovers Reef Marine Reserve) Regulations f. Fisheries (Port Honduras Marine Reserve) Regulations g. Fisheries (Bacalar Chico Marine Reserve) Regulations h. Fisheries (Gladden Spit And Silk Cayes Marine Reserve) Regulations i. Fisheries (Hol Chan Area Marine Reserve) Order j. Fisheries (Bacalar Chico Marine Reserve) Order k. Fisheries (Sapodilla Cayes Marine Reserve) Order l. Fisheries (South Water Caye Marine Reserve) Order m. Fisheries (Caye Caulker Marine Reserve) Order n. Fisheries (Port Honduras Marine Reserve) Order o. Fisheries (Gladden Spit And Silk Cayes Marine Reserve) Order p. Fisheries (Glovers Reef Marine Reserve) Order SIs subsequent to the 2003 consolidation: q. Fisheries (Amendment) Regulations 2005 r. Fisheries (Nassau Grouper & Species Protection) Regulations 2009 s. Fisheries (Sea Cucumber) Regulations 2009 t. Fisheries (Species Designation and Protection) Regulations 2009 u. Fisheries (Amendment) Regulations 2009 v. Fisheries (Amendment) Regulations 2011

62 w. Fisheries (Amendment) (No. 2) Regulations 2011 x. Fisheries (Amendment) Regulations 2012 y. Fisheries (Turneffe Atoll Marine Reserve) Regulations 2012 Consideration will also need to be given to the interaction with: z. Coastal Zone Management Authority (Sport Fishing) Regulations 2009 aa. Registration of Merchant Ships Disciplinary Regulations 1999

63 APPENDIX B General regulations making power (s. 111) The Minister may make [ANY] such regulations as may be necessary to give effect to the provisions of this Act and for due administration thereof. INCLUDING: Marine reserves (s. 19) for the general management of marine or inland water reserves; setting fees for entrance to and activities in a marine or inland water reserve; providing for the development and adoption of management plans in respect of marine or inland water reserves; providing for research permits and fees for issuance of such permits; providing for management plans for marine or inland water reserves ( Fishing licences (s. 23 / s. 32) specify conditions to which all fishing licenses, category of fishing licenses, related activity or other activity licenses shall be subject including conditions relating to open and closed seasons, fishing areas, gear types and restrictions, species, sizes, submission of catch information, reporting, inspections requirements for safety and other standards and compliance with such requirements or standards.

64 Test fishing operations (s. 50) the further regulation and control of: o marine scientific research; o test-fishing; o bio-prospecting, the sharing of the benefits of research; attribution of data collected in marine scientific research and test-fishing operations reporting requirements; disposal of catch obtained in marine scientific research and test fishing operations. Mariculture (s. 58) providing for the management, licensing and control of mariculture, including o the species which may be farmed; o the use of genetically modified organisms; o the preparation of a mariculture plan by an applicant seeking to set up a mariculture facility; o the establishment of zones in which only certain types of mariculture activities can occur; Powers with respect to RFMO measures (s. 58) regulations with respect to the implementation of the measures which have been adopted by RFMOs. General regulations making power (s. 111) 1. measures for licensing and regulation of fisheries or any particular fishery, including the prohibition or regulation of specific activities in any designated fishery or area, any fishing gear as well as the establishment of closed seasons and size limits; 2. prescribing the criteria and conditions for the allocation or distribution of total allowable catch;

65 3. measures of the licensing, authorization or registration in respect of any vessel or class or category of vessels to be used for fishing, or any other purpose pursuant to this Act, including the form, issuance requirements, grounds for denial, terms and conditions and fees, charges, royalties, and other forms of compensation related to such licensing, authorization or registration; 4. licensing, authorization or registration in respect of any fisherman or class of fisherman, the operation of, and conditions and procedures to be observed by any fishing vessel while in the fisheries waters; 5. defining the conditions or circumstances under which Belize fishing vessels may be chartered; 6. providing for the installation and use of mobile transceiver units on an individual vessel or a category of vessels authorized to fish under this Act; 7. the appointment, maintenance of and procedures for agents appointed to receive and respond to process pursuant to this Act; 8. setting out the requirements for providing details of the beneficial ownership of vessels for the catching, loading, landing, handling, transhipping, transporting, possession and disposal of fish; 9. for the import and export of fish and fish products, including live fish; 10. the importation of any exotic aquatic species and the prevention of the introduction to the wild or alien species; 11. the collection and marketing of aquarium fish; 12. prohibiting the use of driftnets, trawling and bottom trawling and shark finning; 13. regulating or prohibiting the use of self-contained underwater breathing apparatus; 14. requiring the provision of statistical and other information related to fisheries; 15. the installation, upkeep, and protection of devices that delimit marine and inland reserves and areas protected under this Act; 16. regulating or prohibiting fishing for certain stocks or species needing special protection; 17. regulating recreational fishing; 18. designation and regulation of landing sites; 19. designation, regulation and licensing of fish processing plants; 20. regulating fish processing; 21. regulating test fishing;

66 22. regulating underwater filming, use of underwater equipment etc.; 23. the requirements for the process of development and the contents of any management plan, and the procedures to be followed in their implementation; 24. providing for the management, licensing and control of mariculture, 25. prescribing offences against the regulations and penalties for such offences;

67 APPENDIX C COMMENTS ON SPECIFIC DRAFT REGULATIONS FISHERIES (CONSERVATION) REGULATIONS BACKGROUND NOTE GENERAL APPROACH 1. In line with the general methodology, the following changes have been made to the conservation regulations: Consolidation/simplification: all of the existing rules have been brought into a single set of regulations, and redundancies and inconsistencies have been removed. Some ambiguous language has been removed (for example, use of the word take ), and the language has been simplified or condensed where possible. (This has been a substantial task over 200 amendments have been made). Consistency with new Act: I think this is all covered! There are some cross-references to the new Act that have been inserted, and some definitions removed so as to rely on the definitions in the new Act. New measures / policy changes: These have been introduced as requested. Key changes include the finfish minimum sizes, rules for Florida stone crab, lobster minimum weight change, exception for small-scale shark finning and penalties. BETTER REGULATION PRINCIPLES 2. The five principles of better regulation are that the legislation (and its implementation) should be: targeted, proportionate, consistent, transparent and accountable. 3. It is considered these principles have been achieved, through the consultations and the drafting. A number of stakeholder recommendations have been incorporated (targeted, proportionate, accountable) and inconsistencies and ambiguities have been removed, along with other changes to make the text clearer and more accessible (consistent, transparent). Also, specific allowances have been made for certain sub-sectors requiring special consideration, such as traditional fishing, small-scale shark fishing, etc. (targeted, proportionate).

68 4. Finally, the overall approach helps improve transparency and accountability - the technical conservation measures and other fishing rules (directed mainly at fisherfolk) are now provided in a single, coherent set of hopefully easy to read rules which can be accessed by the fishers and other users and easily updated. NEXT STEPS 5. Most of the technical conservation regulations that have been included in the regulations appear ready. However, they will need to be checked thoroughly by the Department for gaps, errors, etc. (of which there are inevitably some). 6. Some measures (e.g. the finfish minimum size regulations) have already been subject to stakeholder consultations, whereas others were consulted on during the current project. 7. There are several minor issues still for consideration or clarification, which have been highlighted in the text. Other aspects may need further consideration some of these are connected to fisheries management plans, and limited entry fisheries and could be set aside for future consideration 2. Other aspects could be considered in the shorter-term. Some of these outstanding issues are highlighted in the text, but the Department may have other issues they wish to add. 8. The question of how to handle outstanding policy questions, and the timing for bringing new regulations into effect, is a matter for the Department, of course, and it is also related to timing concerning the Act. 9. Once the minor issues have been resolved, these regulations could be brought into force in advance of the new Act, if desired. Consideration should be given to a final (simple) consultation exercise for example, by making copies of the draft regulations available online, through key stakeholders (e.g. cooperatives) and in local offices, and inviting comments by a certain date. 10. Some adjustments will need to made to the regulations depending on when they are brought into force, dealing with references to the old/new Act and repeal provisions. This can be considered at the appropriate time. 11. When the Department is ready, the regulations will need to be sent to the Solicitor General with drafting instructions. Model instructions will be included in the final capacity building package for the project. 2 The recommended approach for major policy changes concerning specific fisheries is that these should be developed on a fishery-by-fishery basis through the adoption of management plans under the new Act.

69 OTHER ISSUES 12. The list of protected species in the regulations was more extensive than that in the Act. If the longer list is to be preferred, the Schedule in the draft Act should be updated. English Common Name All species of soft coral All species of hard or stony coral Whale Shark Nurse shark Sawfish Parrot fish, all species Surgeon fish, all species Green turtle Hawksbill turtle Loggerhead turtle Leatherback turtle Scientific Name Gorgonacea, all species Scleractinia, all species Rhincodon typus Ginglymostoma cirratum Pristis perotteti and Pristis pectinata Scaridae, all species Acanthuridae, all species Chelonia mydas Eretmochelys imbricata Caretta caretta Dermochelys coriacea

70 FISHERIES (LICENSING ETC.) REGULATIONS BACKGROUND NOTE GENERAL APPROACH 13. In line with the general methodology, the following changes have been made to the conservation regulations: Consolidation/simplification: all of the existing rules have been brought into a single set of regulations (including the CZMA sport fishing licensing rules), and redundancies and inconsistencies have been removed. I have attempted to set the regulations out in a simplified, consistent and logical manner. There is also a new general approach (which needs further consideration and examination) of trying to provide a single set of licensing requirements. Thus, in the conservation regulations, for example, wherever there is a reference to a special licence the procedure for granting a licence will be that set out in licensing regulations. However, specific considerations for the granting of a special licence (e.g. for lobster) or specific conditions for licence holders, will be specified in the conservation regulations. Consistency with new Act: There are some significant changes in terms of the new Act, and various provisions in the new Act cover provisions in the existing regulations. At this stage, some further work will be required to ensure complete consistency with the Act. All of the activities requiring a licence in the draft Act are covered by the regulations except aquarium trade, export or import of fish and fish processing (covered by other regulations) and non-commercial fishing (covered in the marine reserves regulations). New measures / policy changes: I have added provisions on sport fishing licences, landing sites and catch reporting. I have also created a new licence type access licences which are intended to cover limited entry fisheries, once they are established. I have included (with some gaps to be filled in by the Department) a deeming provision for commercial fishing which states, in effect, that activities involving certain levels of catch or certain size boats are considered to need a commercial fishing licence (even if they are not, or say they are not, fishing with the intention to sell, etc.). NEXT STEPS

71 14. The draft is still very much a work in progress. At this stage, it would be useful to have comments on the general approach of the draft regulations. I am most interested at the moment in looking at the licensing provisions, as these have changed quite a bit (in approach and content) and it is very important of course to get them right. 15. I have not looked quite so closely yet at the MCS provisions (I have mainly just adapted the existing regulations), but I would be interested to know if there is anything missing from the Department s perspective. 16. There is still some further work to do on these regulations. I have highlighted one or two specific points in the draft but there are some wider policy and administrative questions: 17. Administratively, the regulations still need to be aligned with how you intend to issue licences in the future (e.g. matters such as the form of licences, the inclusion of a simplified renewal procedure, the criteria to be taken into account for granting, etc.). 18. On the policy side, there are still issues to be worked out (among other things): a. I think there still needs to be some further consideration of the overall licensing approach. This includes the licensing requirements for non-commercial fishing (not currently dealt with in these regulations, but only a requirement in relation to some marine reserves), the need for licensing both fishers and vessels, the relationship / compatibility between some of the licence types, etc. (I am not saying any of these are currently problematic, but there are some issues raised though the consultations that perhaps require some further thought). b. How, precisely, are managed access and limited access measures going to be developed and implemented (taking into account the intended role of fisheries management plans in the Act). c. The procedure / approach to using fisheries management plans needs to be considered further. Some provisions in these regulations could be included to support that, but there needs to be a wider consideration as to how this part of the Act will be implemented. d. Finally, the (big) issue of traditional fisheries and more widely fishing rights is not addressed in the regulations, and needs some further consideration. We have had various discussions, and a detailed set of proposals from the managed access programme on territorial user rights for fishing (included in Appendix 1 of the Interim Technical Report, that was circulated). However, there is no defined approach as yet (and it needs to be carefully thought out). This is possibly something better left to fisheries management plans;the draft Act provides that a management plan shall (among other things): determine the fishery or amount of the fishery resources to be made available to licence holders managed under a fishing rights system or to which co-management may apply;

72 take into account any relevant traditional fishing rights, methods and principles. e. In practice, it is likely that this will need to be a matter addressed partly in the regulations and partly in fisheries management plans, but this needs to be worked out more before the regulations can be finalised.

73 FISHERIES MARINE RESERVE ORDERS AND REGULATIONS BACKGROUND NOTE GENERAL APPROACH 19. In line with the general methodology, and the specific instructions on the marine reserves regulations and orders, a model regulation and order has been developed, based on the Turneffe Atoll marine reserve regulation and order. 20. The regulations and orders are not being consolidated (each marine reserve will continue to have its own regulation and its own order) but the intention is to standardise them as far as possible, and to make improvements. Consolidation/simplification: Where possible the text has been simplified. Standard terminology will be used in each of the orders/regulations (general use zone, conservation zone, etc.) with each zone permitting the same types of activities, subject to any specific conditions for the marine reserve. Orders will also be drafted in a common format, each with provision for an advisory committee. Consistency with new Act: There are some important changes to how the orders are drafted to ensure consistency with the new Act. These are: Formally under the Act, the declaration of the reserves needs two separate declarations one for the reserve itself (under section 15(1)) and one for the individual zones (under section 15(2)). These can be made in the same Order, but need to be evident on the face of the Order. The Advisory Committee needs to be established under the Order, not the regulations. The form of words in the current Orders needs to be changed. No significant changes are required in the regulations to be consistent with the new Act, save for some adjustments to the licensing terminologies. New measures / policy changes: The main development in the model SIs is the inclusion of an advisory committee in the Order, with enhanced responsibilities and detailed definitions of responsibilities. Some changes have been introduced in the regulations. The key change concerns licensing this is now dealt with in the main licensing regulations (e.g. if you need a commercial fishing licence, you apply under the general licensing regulations), except in

74 the case of non-commercial fishing (which only requires a licence when it takes place in a marine reserve). This enables the licensing process to be standardised (one of the objectives of the revisions). There will still be, on top of this, access requirements (and fees) for the marine reserve itself. Other aspects include sea grass protection especially from dredging in a marine reserve, and a mandate to be able to apply bag limits for specific fishery. NEXT STEPS 21. The key consideration concerns the role, functions and duties of the advisory committee. The recommendation to strengthen the governance aspects of the marine reserves comes from the consultations. The changes are quite substantial, however, since the advisory committee is given quite an extensive management role. (In fact, it operates more like the Hol Chan board of trustees, than the normal advisory committees). This approach will need some detailed consideration, as it may or may not match with your policy intentions. 22. Other aspects to consider include, in particular, the licensing approach in the regulations and the overall presentation / layout of the two SIs. 23. Some elements of the instructions have not yet been addressed, as further details are required: inclusion of the estimation of damages and legal framework to apply penalties; and entrance fees (I understood a draft SI was being prepared that could be incorporated is this still the case?).

75 BELIZE: STATUTORY INSTRUMENT NO. of 2013 REGULATIONS made by the Minister responsible for Fisheries in exercise of the powers conferred upon him by [section 13 of the Fisheries Act, Chapter 210 of the Substantive Laws of Belize, Revised Edition ] [section [111] of the Fisheries Resources Act, etc.], and all other powers thereunto him enabling. (Gazetted ). CONTENTS 1. Citation 3 2. General definitions 3 3. Application 4 PART 1 FISHERIES CONSERVATION AND MANAGEMENT RULES LOBSTER 4. Licence 4 5. Closed season 5 6. Minimum size and other conditions 5 7. Lobster traps 5 8. Special licence for fillet and diced tail meat 5 9. Definition of lobster 6 FLORIDA STONE CRAB 10. Licence Closed season Minimum size and other conditions Definition of Florida stone crab 6 CONCH 14. Licence Closed season 7

76 16. Minimum size and other conditions Conch quotas Special permit for fillet or diced conch meat Definition of conch, etc. 7 NASSAU GROUPER 20. Licence Closed season Minimum size, etc. for Nassau grouper Definitions of Nassau grouper, etc. 8 FINFISH 24. Minimum sizes for finfish No fishing at any spawning aggregation site for certain finish No commercial fishing of sprat or sardine 8 WHELKS 27. Licence Closed season Minimum size, etc. for Cittarium pica 9 SHARKS 30. Licence Closed season Conditions for shark fishing 10 SEA CUCUMBER 33. Licence Closed season Minimum size and other conditions 11 HICATEE 36. Licence Closed season for hicatee Minimum size and other conditions 11 BONEFISH, PERMIT FISH, TARPON 39. Possession of, and catch and release requirement for, bonefish, permit fish and tarpon Definitions of bonefish, etc. 12 PART 1 FISHING GEAR AND METHODS 41. Permit to use scuba equipment Fishing by means of trawling Fishing by means of beach seine, trap, weir or stop net 12 2

77 44. Special permit to use traps Net constructed of natural or artificial fibre Prohibitions relating to gillnets in internal waters Prohibitions relating to gillnets in freshwater bodies Prohibition of other nets, etc. in freshwater bodies Special permit for using gillnets Wanton waste of fish Use of anaesthetics No restriction to passage of boats or fish 14 PART 1 PROTECTED SPECIES 53. Supplementary measures for protected species Existing possession of turtle articles No import or export of turtle or turtle products 15 PART 1 SALE, TRADE, EXPORT, ETC. 56. Fillet fish to be landed and sold with skin patch Permission to import fish Record of purchase of fish for export Exporter of fish to pay duty Permission to export catfish Export quotas 16 PART 1 FINES AND PENALTIES SCHEDULE 1 Minimum Sizes for Finfish 18 SCHEDULE 2 Areas where Hicatee Fishing is Prohibited 19 SCHEDULE 3 Entry for Export Duty 20 Citation 1.These Regulations may be cited as the FISHERIES (CONSERVATION) REGULATIONS General definitions 2. (1) Unless the context otherwise requires, all terms used in these Regulations have the same meaning as under the [Fisheries Resources Act]. (2) Additionally, in these Regulations 3

78 establishment means an establishment, including a restaurant, store, market or private dwelling, where fish is collected, processed or stored with the intention to sell or distribute that fish; fish buyer means any person who purchases fish in such quantities with intent to redistribute; fish handler means any person involved in the collecting and transporting of fish in commercial quantities with the intention, to distribute; fish vendor means any person who collects fish in such quantities with the intention to sell at a fixed location or otherwise; freshwater body means river, creek, stream, lagoon or other inland watercourse in Belize; internal waters has the meaning assigned in section 2 of the Maritime Areas Act; mesh size means the measurement from knot to knot across the diagonal of the tightly stretched wet mesh; protected species means species listed in the Schedule to the Principal Act, as amended from time to time; seine means a net of any description used for taking fish by drawing along the bottom of the sea or fresh water (whether drawn on the beach or otherwise); research permit means a research permit for research purposes granted by the Fisheries Administrator [under the Fisheries (Licensing, Management and Control) Regulations]; special licence means a special licence for commercial fishing granted by the Fisheries Administrator [under the Fisheries (Licensing, Management and Control) Regulations]; special permit means a special permit granted by the Fisheries Administrator [under the Fisheries (Licensing, Management and Control) Regulations]; (3) The terms buy, sell and offer to sell in these Regulations shall include buying, selling or offering to sell fish whether in exchange for money or for any other consideration. (4) A reference in these Regulations to any fish shall, where the context permits, include a reference to any part of such fish. Application 3. These Regulations apply to fishing and related activities in fisheries waters. PART 1 FISHERIES CONSERVATION AND MANAGEMENT RULES LOBSTER Licence 4. (1) No person shall engage in commercial fishing for lobster without a special license. (2) A person fishing under the authority of a [recreational] fishing licence shall not land, retain on board or have in his possession in any single day more than [five] lobsters. 4

79 Closed season 5. (1) Subject to sub-regulation (2), no person shall fish for lobster or sell, display, offer for sale, buy or have in his possession any lobster between the 15th February and the 14th June, inclusive, in any year. (2) A person licensed to fish for lobster using a registered lobster trap may set the trap in the water from the 5th February provided that no fish are taken from it before the 15th February. Minimum size and other conditions 6. (1) No person shall land, retain on board, transship, store, sell, display, offer for sale, buy or have in his possession lobster (a) if the carapace length is less than [three inches]; (b) the tail weight is less than 4.5 ounces; (c) that is berried, has eggs, spawn or a tar spot; (d) that has had the berries, eggs, spawn or tar spot removed; or (e) that is moulting or has a soft shell. (2) The measurement in sub-regulation (1)(a) shall be determined by beginning at the most anterior edge of the groove between the horns directly above the eyes, then proceeding along the mid-dorsal line to the rear edge of the carapace (3) No person shall detach or otherwise remove from any female lobster any eggs or spawn or the setae or fibre to which any eggs or spawn are or have been attached. Lobster traps 7. (1) A person who intends to fish using a lobster trap shall (a) register the lobster trap with the Fisheries Administrator; and (b) provide proof of such registration when applying for a fishing licence. (2) No person shall fish using a lobster trap unless that trap has an escape gap or apertures (other than the mouth) along one side of the trap of not less than 2! inches in height. (3) In these Regulations (a) lobster trap means any device that is designed for use, or is capable of being used for or in connection with the taking of lobster; and (b) registered lobster trap means a lobster trap registered in accordance with this regulation. Special licence for fillet and diced tail meat 8. (1) No person shall sell, display, offer for sale, buy or have in his possession (a) lobster fillet; or (b) diced lobster tail meat, except under the authority of a special permit. 5

80 Definition of lobster 9. (1) In these Regulations, lobster means a crustacean of the genus Panulirus argus which is commonly known as crayfish or spiny lobster. (2) Unless the context otherwise requires, a reference to lobster includes the whole or part of the abdomen of lobster when that abdomen or part of the abdomen is severed from the carapace. Licence FLORIDA STONE CRAB 10. (1) No person shall engage in commercial fishing for any Florida stone crab without a special license. (2) A person fishing under the authority of a [recreational] fishing licence shall not land, retain on board or have in his possession in any single day more than [ten crab claws]. Closed season 11. No person shall fish for Florida stone crab or sell, display, offer for sale, buy or have in his possession any Florida stone crab, including any claws, between the 1st July and the 31st October, inclusive, in any year. Minimum size and other conditions 12. (1) No person shall land, retain on board, transship, store, sell, display, offer for sale, buy or have in his possession (a) [specify minimum claw size]; (b) [that is berried, has eggs or spawn]. (2) Any person who catches a Florida stone crab shall return it alive into the sea immediately after the largest claw has been removed. Definition of Florida stone crab 13. (1) In these Regulations, Florida stone crab means the crab Menippe mercenaria. (2) [other definitional requirements, e.g. claw?] CONCH Licence 14. (1) No person shall engage in commercial fishing for conch without a special license. (2) A person fishing under the authority of a [recreational] fishing licence shall not land, retain on board or have in his possession in any single day more than [five conch]. 6

81 Closed season 15. No person shall fish for conch or sell, display, offer for sale, buy or have in his possession any conch, between the 1st July and the 30th September in any year. Minimum size and other conditions 16. (1) No person shall fish or sell, display, offer for sale, buy or have in his possession any conch, the overall shell length of is less than 7 inches, and (a) the weight of unprocessed conch taken from which does not exceed 7" ounces; (b) the weight of partially processed conch taken from which does not exceed 3 ounces; or (c) the weight of fully processed conch taken from which does not exceed 2# ounces. Conch quotas 17. (1) The conch catch quota for Belize shall be set on an annual basis by the Minster and shall not exceed 70% of the maximum sustainable yield. (2) The conch meat export quota shall be set on an annual basis by the Minister and shall not exceed 95% of the catch quota. Special permit for fillet or diced conch meat 18. (1) No fisherman shall buy, sell or have in his possession, fillet, diced or ground conch meat other than market clean, except under a special permit. (2) No person or establishment shall buy, sell or have in his possession diced conch meat except under a special permit issued by the Fisheries Administrator. Definition of conch, etc. 19. In these Regulations (a) conch means any mollusc of the species Strombus gigas Linne; (b) fully processed conch also known as filleted conch means conch that has been removed from the shell and from which all body organs have been totally removed from the conch foot; (c) partially processed conch also known as market dean conch means conch that has been removed from the shell and from which the operculum, intestines, proboscis, head, eye stalks, ventral portion of the mantle tissue and some of the thick-darkened skin on the foot have been removed; and (d) unprocessed conch means conch that has been removed from the shell but which have all organs attached. Licence NASSAU GROUPER 20. No person shall engage in commercial fishing for Nassau grouper without a special license. 7

82 Closed season 21. No person shall fish for Nassau grouper or sell, display, offer for sale, buy or have in his possession any Nassau grouper between the 1 st December and the 31 st March inclusive in any year. Minimum size, etc. for Nassau grouper 22. (1) No person shall land, retain on board, transship, store, sell, display, offer for sale or have in his possession any Nassau grouper which is less than 20 inches in total length or greater than 30 inches in total length. (2) Any person landing a Nassau grouper caught in fisheries waters shall land it whole. Definitions of Nassau grouper, etc. 23. (1) In these regulations (a) Nassau grouper means the fish commonly known in Belize as grouper, the scientific name of which is Epinephelus striatus; (b) total length in relation to Nassau grouper means the measurement of a fish from the most forward point of the head, with the mouth closed, to the farthest tip of the tail with the tail compressed or squeezed, while the fish is lying on its side; (c) whole fish in relation to Nassau grouper means any fish with the viscera completely removed. FINFISH Minimum sizes for finfish 24. (1) Subject to section 25, no person shall land, retain on board, transship, store, sell, display, offer for sale or have in his possession any fish of a description in columns 1 and 2 of the table in Schedule 2 which are of a total length less than the size specified, for that fish, in column 3 of the table in Schedule 2. (2) Any person that catches an undersized fish in the course of a fishing operation shall return that fish immediately to the sea in the same condition as when it was caught. No fishing at any spawning aggregation site for certain finish 25. No person shall, in fisheries waters, fish at any spawning aggregation site any (a) black grouper (mycteroperca bonaci); (b) goliath grouper (epinephelus itajara); (c) hogfish (lachnolaimus maximus). No commercial fishing of sprat or sardine 26. No person shall engage or attempt to engage in the commercial fishing of sprat or sardine (harengula humerali). 8

83 WHELKS Licence 27. (1) No person shall engage in commercial fishing for any sea whelk of the species Cittarium pica (commonly known as the West Indian Top Shelf Whelk) without a special license. (2) Without prejudice to any other requirements for the grant of a special licence, the Fisheries Administrator may grant a special licence pursuant to sub-regulation (1) subject to any one or more of the following conditions (a) that both the meat and shell of whelks caught will be utilized; (b) that the person shall fish for whelks so long as the person remains within the established quota; (c) that at least 5% of the established quota is sold on the local market; and (d) any other conditions that the Fisheries Administrator deems appropriate. Closed season 28. (1) Subject to sub-regulation (2), no person shall fish for Cittarium pica or sell, display, offer for sale, buy or have in his possession any Cittarium pica between the 1st January and the 30th September, inclusive, in any year. (2) Sub-regulation (1) does not apply to the sale of non-edible gift or touristic products containing parts of Cittarium pica by vendors in possession of a special permit. Minimum size, etc. for Cittarium pica 29. (1) No person shall land, retain on board, transship, store, sell, display, offer for sale or have in his possession any Cittarium pica unless it is at least 2.44 inches in diameter. (2) No person shall land Cittarium pica shell without its meat. SHARKS Licence 30. (1) Subject to sub-regulation (4), no person shall engage in commercial fishing for sharks without a special license. (2) [A person fishing under the authority of a [recreational] fishing licence shall not land, retain on board or have in his possession in any single day more than [one] shark]. (3) No person shall sell, display, offer for sale, buy or have in his possession any shark, shark meat or shark fins except under the authority of a special permit. (4) Without prejudice to any other requirements for the grant of a special licence, the Fisheries Administrator may grant a special licence pursuant to sub-regulation (1) subject to any one or more of the following conditions (a) that the applicant supplies the following information [relating to the season most recently completed] to the Fisheries Administrator by the end of August of each year: 9

84 (i) name of shark species, number of sharks, fishing location of sharks caught; (ii) date when the shark was caught; (iii) weight (in pounds) of shark meat of each shark by species and by date; (b) that the shark meat and fins are landed and utilized; (c) that the shark meat and fins landed shall not exceed 5% of the wet meat weight; (d) that the shark is landed at authorized landing ports only; (e) that the fins are at least partially attached to the carcass prior to inspection by the proper authority at the landing port; (f) that the fishing of sharks will be done only by use of a circular fishing hook and fishing net with a mesh size of at least 6 inches; (g) that fishing for sharks is done within the declared areas of extraction so long as the person remains within the declared quota; and (h) any other conditions which the Fisheries Administrator deems appropriate. Closed season 31. No person shall no person shall fish for shark or sell, display, offer for sale, buy or have in his possession any shark, shark meat or shark fins during the period 1st August to 31st October in any year. Conditions for shark fishing 32. (1) No person shall fish for sharks unless by means of a circular fishing hook and a fishing net with a mesh size of at least 6 inches. (2) Subject to sub-regulation (3), no person shall land, retain on board, transship any shark unless the fins are at least partially attached to the carcass. (3) A person fishing on a boat which is less than [enter size parameter], may land or retain on board a single shark with the finds detached, provided that the fins are retained alongside the carcass. Licence SEA CUCUMBER 33. (1) No person shall engage in commercial fishing for any sea cucumber without a special license. (2) Every holder of a special license to fish sea cucumber shall furnish to the Fisheries Administrator by the end of each month the following information (a) complete details of meat weight in pounds; (b) quantity of each species fished; (c) area fished; (d) date and time each catch was fished;. (e) copies of receipts in respect of all purchases or sales of sea cucumber or sea cucumber products; and 10

85 (f) quantity of each species exported and copies of the export or sale documents. (3) Every holder of a special license to fish sea cucumber who does not furnish the information requested by the Fisheries Administrator as prescribed in sub-regulation (2) shall be refused a special license to fish sea cucumber in the following year. Closed season 34. No person shall fish for sea cucumber or sell, display, offer for sale, buy or have in his possession any sea cucumber between 1 st July and 31 st December, in any year. Minimum size and other conditions 35. (1) [Minimum size requirement needs to be specified] HICATEE Licence 36. (1) No person shall engaged in commercial fishing for Dermatemys mawaii, commonly known as hicatee, without a special license. Closed season for hicatee 37. No person shall fish for hicatee or sell, display, offer for sale, buy or have in his possession any hicatee during the period from 1st May to the 31st May, inclusive in any year. Minimum size and other conditions 38. (1) No person shall (a) have in his possession or transport on any vehicle more than one hicatee at any one time; (b) land, retain on board, transship, store or have in his possession any hicatee greater than 17.2 inches and smaller than 15.2 inches; (c) fish for hicatee in any of the areas specified in Schedule 3 to these Regulations; (d) sell, display, offer for sale or buy any hicatee. (2) No person shall possess or use a net to fish hicatee from a freshwater body. (3) No person shall import, bring into Belize in transit or export any turtle without a valid permit issued by the Fisheries Administrator. (4) No person shall buy, sell or have in his possession any articles made of turtle shell. BONEFISH, PERMIT FISH, TARPON Possession of, and catch and release requirement for, bonefish, permit fish and tarpon 39. (1) No person shall have in his possession any bonefish, permit fish or tarpon except in the act of catch and release. 11

86 (2) No establishment shall sell, display, offer for sale, buy or have in its possession any bonefish, permit fish or tarpon or any product derived from such fish. Definitions of bonefish, etc. 40. (1) In these Regulations (a) bonefish means Albula vulpes, commonly known as bonefish; (b) permit fish means Trachinotus falcatus, commonly known as permit fish; and (c) tarpon means Megalops atlanticus, commonly known as tarpon or Atlantic tarpon; (2) For the purpose of this regulation, catch and release means the act of catching fish and then releasing the fish back immediately into the waters from which they were taken in the same state that they were taken. Permit to use scuba equipment PART 2 FISHING GEAR AND METHODS 41. No person shall fish using Scuba equipment or hooker or other artificially assisted underwater breathing devices except under the authority of a special permit. Fishing by means of trawling 42. No person shall engage in any form of trawling in fisheries waters, other than in inland waters. Fishing by means of beach seine, trap, weir or stop net 43. (1) No person shall fish using a beach seine, trap, weir, or stop net (a) at any place situated within a distance of one mile from any city, township, village, settlement or other inhabited locality in Belize; (b) in all areas outside the barrier reef and within a radius of two miles of the mouth of the Belize River, Haulover Creek and Sibun River. (2) No person shall fish using any trap or other device constructed of net or wire in any area within a distance of one hundred yards of the barrier reef. (3) No person shall fish using any trap, wire or net, other than lobster traps, within a one mile radius of the outer limit of Bottonwood Caye, Caye Glory, or any area in which the trapping of fish is prohibited. Special permit to use traps 44. (1) No person shall possess or use a trap to fish from the internal waters, unless prior authority to take fish from a particular fishery is obtained under a special permit. 12

87 (2) An application for a special permit pursuant to sub-regulation (1) shall be made to the Fisheries Administrator and shall be accompanied by (a) a description of the design of the trap; (b) a description of the materials from which the trap is made; and (c) any other information or documentation that may be required by the Fisheries Administrator for the purpose of considering the application. (3) This regulation does not apply to a lobster trap or a beach trap. Net constructed of natural or artificial fibre 45. (1) Subject to sub-regulation (2), no person shall fish with a net constructed of a natural or artificial fibre the mesh size of which is less than three inches. (2) The prohibition in sub-regulation (1) does not apply to (a) throw or cast nets; (b) seine nets, the mesh size of which is not less than one and a half inches; or (c) the holder of a research permit, subject to the conditions in sub-regulation (3). (3) The Fisheries Administrator may, through the grant of a research permit, permit a person to use webbing of smaller mesh than that otherwise allowed under this regulation provided that such device be of an approved pattern. (4) The provisions of this regulation shall not apply to the meshes of a device constructed of materials other than synthetic or natural fibre webbing, where the design conforms to specifications laid down for that device, for the purpose of releasing the fish or for the escape of such fish. Prohibitions relating to gillnets in internal waters 46. (1) No person shall fish in internal waters (a) using a gill net that is greater than 100 metres in length, (b) by joining gill nets the total length of which exceed 100 metres in length; or (c) without enusring that a minimum distance of 100 metres is maintained between such gillnets or joined gillnets when more than one is used. (2) No person shall have in his possession a gill net which by itself or joined with another gill net exceeds 300 metres in length. (3) Notwithstanding sub-regulation (3), where one or more canoes are on board a boat, the owner of that boat shall not carry gill nets of a combined length which exceeds 300 metres in length. (4) No person shall fish using a gill net from the shorelines of Monkey River or Placencia. (5) For the purpose of sub-regulation (5), shoreline means a distance of five miles from the water s edge and continues eastward in the sea up to five miles. Prohibitions relating to gillnets in freshwater bodies 47. (1) No person shall fish in a freshwater body (a) using a gill net that is greater than 100 meters in length, 13

88 (b) by joining gill nets the total length of which exceeds 100 meters in length. (2) No person shall have in his possession a gill net which by itself or joined with another gill net exceeds 200 meters in length. (3) No person shall set a gill net in a freshwater body (a) one mile of a bridge, (b) one-half mile of the outfall of a tributary. (4) No person shall use a gill net to take fish from the New River Lagoon and its tributaries including Lemonal Creek, Irish Creek, Dawson Creek, Ramgoat Creek or Crab Catcher Lagoon. Prohibition of other nets, etc. in freshwater bodies 48. (1) No person shall fish using a gill net, seine net, stop net or long line in a river, creek or stream that is (a) more than one-quarter of the distance across that river, creek or stream, or (b) in any case, in excess of 200 metres in total length. (2) No person shall fish using a gill net, seine net, stop net or long line in a lagoon that is (a) more than one-tenth of the distance across the lagoon, or (b) in any case, in excess of 200 meters in total length. Special permit for using gillnets 49. No person shall possess or fish using a gillnet under these Regulations unless prior authority to use a gillnet is obtained under a special permit from the Fisheries Administrator. Wanton waste of fish 50. No person shall capture any fish of such a variety or in such quantities as would result in wanton waste and any fish captured as aforesaid shall be released immediately. Use of anaesthetics 51. No person shall use anaesthetics in the waters of Belize except under special permit from the Fisheries Administrator. No restriction to passage of boats or fish 52. No person shall close off a channel, passage, entrance, or small embayment of water with any fishing device in such manner as to restrict the free passage of boats or to wholly prevent the passage of fish. 14

89 PART 3 PROTECTED SPECIES Supplementary measures for protected species 53. (1) No person shall store, sell, display, offer for sale, buy or have in his possession any protected species. (2) No person shall (a) take any turtle found on land; (b) disturb, take, buy, sell or have in his possession any turtle or turtle eggs; or (c) interfere with any turtle nest, except under written permission by the Fisheries Administrator. (3) Any person who requires any [marine] turtle except for the species Eretmochelys imbricata, for traditional or cultural use, must first apply to the Fisheries Administrator in writing, stating the amount and specific purpose for such use. Existing possession of turtle articles 54. Any person who on the date of entry into force of these Regulations lawfully has in his possession any articles made of turtle shell may retain such articles for personal use. No import or export of turtle or turtle products 55. No person shall import, bring into Belize in-transit or export any turtle or turtle products. PART 4 SALE, TRADE, EXPORT, ETC. Fillet fish to be landed and sold with skin patch 56. Every fish, other than the Nassau grouper or shark, caught in fisheries waters landed as fillet fish shall have a skin patch of 2 inches by 1 inch, which shall be retained on the fish until sale to the first purchaser. Permission to import fish 57. No person shall, except under the authority of a special permit, import fish. Record of purchase of fish for export 58. (1) Any person engaged in the purchase of fish for export shall keep a record of purchases and of disposals of fish in such manner as the Fisheries Administrator may require. (2) Such records shall be made available at all reasonable times for inspection by the Fisheries Administrator or any other authorised officer. 15

90 Exporter of fish to pay duty 59. Every exporter of fish, before clearance to leave Belize is granted to the ship, aircraft or surface vehicle on which the fish to be exported are being transported, shall (a) deliver to the Comptroller of Customs an entry in Form 1 set out in Schedule 4 to these Regulations containing the several particulars indicated therein or required thereby, and (b) at the same time produce the Bill of Lading relating to such fish and pay the duty prescribed by the Customs Regulations. Permission to export catfish 60. No person shall, except under the authority of a special permit, export any fish of the catfish species known locally to be scavengers. Export quotas 61. (1) The Minister shall, on an annual basis, and after consultation with the Fisheries Administrator, determine an export quota for any fish[, and may grant individual allocations to fish exporters]. (2) No person shall export or attempt to export any fish in excess of [any allocation of] the quota granted to him by the Minister. (3) Where, in any year, an export quota established by the Minster under this regulation is fulfilled, the Minster may, after consultation with the Fisheries Administrator, prohibit by means notice published in the Gazette further fishing until the end of the year for the fish subject to that quota. (4) The Fisheries Administrator shall, prior to a prohibition under sub-regulation (3), give notice of that prohibition by publication in at least three newspapers widely circulated in Belize. (5) A person who exceeds any allocation of an export quota granted to him by the Minister commits an offence and, in addition to any other penalties that may be imposed under these Regulations or under the Principal Act, the Minister shall (a) if the exporter has exceeded the allocated export quota by more than one thousand pounds of fish; (b) imposed a reduction in the following year of the export quota to that person by an amount representing the excess between its allocated quota and the actual volume of export. 62. Possession of fish in closed season Where under these Regulations, it is prohibited to sell, display, offer for sale, buy or have in a person s possession any fish during a closed season, [an establishment or other person] may, notwithstanding that prohibition, keep such fish under his possession under the authority of a special permit. 16

91 PART 5 FINES AND PENALTIES 63. (1) A person who contravenes any of these Regulations commits an offence and is liable on summary conviction (a) in respect of a first offence in any two-year period, to a fine of no less than $1,000 and no more than $10,000 dollars; or (b) in respect of a subsequent offence in any two-year period, to a fine of no less than $3,000 and no more than $25,000. (2) Subject to sub-regulation (3), in addition to the fine under sub-regulation (1) and any other penalty that may apply, a person who lands, retains on board, transships, stores, sells, display, offers for sale, buys or has in his possession any fish in contravention of a provision of these Regulations, or contrary to section [113] of the Principal Act, is liable (a) in the case of protected species, to a penalty of $250, (b) in other cases, to a penalty of $50, in respect of each fish landed, retained on board, transshipped, stored, sold, displayed, offered for sale or found to be in the possession of that person. (3) The cumulative total of fines to which a person may become liable under these Regulations in respect of a single offence, is $50,000. (4) This regulation is without prejudice to any fine or other penalty that may be applicable under the Principal Act or other Regulations made under that Act. 17

92 SCHEDULE 1 Minimum Sizes for Finfish Common name Scientific name Minimum size black grouper mycteroperca bonaci 25 inches goliath grouper epinephelus itajara 40 inches red hind epinphelus guttatus 10 inches mutton snapper lutjanus analis 12 inches lane snapper lutjanus synagris 8 inches dog snapper lutjanus jocu 8 inches cubera snapper lutjanus cyanopterus 10 inches yellowtail snapper ocyurus chrysurus 8 inches gray snapper lutjanus griseus 8 inches hogfish lachnolaimus maximus 10 inches queen triggerfish balistes vetula 12 inches common snook centropomus undecimalis 20 inches great barracuda sphyraena barracuda 20 inches king mackerel scomberomorus cavalla 22 inches (Atlantic) Spanish mackerel S. maculatus 22 inches Cero S. regalis 22 inches 18

93 SCHEDULE 2 Areas where Hicatee Fishing is Prohibited 1) Belize River: Beaver Dam Creek to Labouring Creek 2) New River: Irish Creek to Water Bank 3) Rio Bravo: Upstream from Dos Bocas Dam, also Booth s River 4) Cox and Mucklehany Lagoons, headwaters of Mussel Creek 5) Northern and Southern Lagoons and tributaries (Manatee lagoons and Manatee River) 6) Sibun River (between Ferguson Bank and Sibun Bar) 19

94 SCHEDULE 3 Entry for Export Duty [Form 1 to be inserted] 20

95 BELIZE: STATUTORY INSTRUMENT NO. of 2014 REGULATIONS made by the Minister responsible for Fisheries in exercise of the powers conferred upon him by [section 13 of the Fisheries Act, Chapter 210 of the Substantive Laws of Belize, Revised Edition ] [section [19(1)(a)] of the Fisheries Resources Act, etc.], and all other powers thereunto him enabling. (Gazetted ). CONTENTS PART 1 PRELIMINARY 1. Citation 2 2. Interpretation 3 PART 1 LICENSING 3. Commercial fishing licence 3 4. Special licence 3 5. Access licence 4 6. Determination of applications and grant of commercial fishing licences, special licences and access licences 4 7. Sport fishing licence 5 8. Research licence 6 9. Marine bio-prospecting licence Determination of applications and grant of research licences and marine bio-prospecting licences Local fishing vessel licence General conditions applicable to local fishing vessel licence holders Duration of licences General terms and conditions of licences 9

96 [Appeal] 10 PART 1 FOREIGN FISHING 15. Foreign fishing licence General conditions applicable to foreign fishing vessels Records to be in English Local representatives Stowage of fishing gear 13 PART 1 MONITORING, CONTROL AND SURVEILLANCE 20. Marking and identification of fishing vessels Unlawful removal, etc. of marks Designated landing sites Logbooks, catch records, etc Returns 15 PART 1 ENFORCEMENT 25. Custody and disposal of seized articles Forfeiture Cancellation of licences and permits 16 SCHEDULE 1 LICENCE FEES 18 SCHEDULE 2 LICENCE APPLICATION FORMS AND LICENCES (IF REQUIRED) 18 SCHEDULE 3 Fish Species Designated for Sport Fishing 19 SCHEDULE 4 SPECIFICATIONS FOR MARKING OF FISHING VESSELS 20 Citation PART 1 PRELIMINARY 1. These Regulations may be cited as the FISHERIES (LICENSING, MANAGEMENT AND CONTROL) REGULATIONS

97 Interpretation 2. (1) Unless the context otherwise requires, all terms used in these Regulations have the same meaning as under the Principal Act. (2) [other definitions to be added, as required] Commercial fishing licence PART 2 LICENSING 3. (1) No person shall engage in commercial fishing without a valid commercial fishing licence, granted in accordance with these Regulations. (2) In these Regulations, commercial fishing includes fishing for the purpose of sale, barter or exchange for money s worth and the following activities whether or not for the purpose of sale, barter or exchange for money s worth (a) [any fishing on board a fishing vessel of a length greater than ]; (b) [any fishing activity that results in a total catch on board a fishing vessel of more than ]. (3) An application for a commercial fishing licence shall (a) be made to the Fisheries Administrator; (b) [be in such form and manner as the Fisheries Administrator may determine]; (c) comply with the requirements in sub-regulation (4); (d) specify the types of fishing it is proposed to undertake, including any requiring a special licence; (e) be accompanied by any other documents, materials and other information that the Fisheries Administrator may request for the purpose of determining the licence application; and (f) be accompanied by the fee prescribed in sub-regulation (5). (4) An application can only be made by a Belizean and the applicant must present any of the following documents at the time of application: (a) a valid Belizean Passport; (b) a valid Voters I.D.; (c) a Belizean I.D. (with photograph) along with a birth certificate; or (d) permanent residence permit. (5) The fees payable for the issue of a commercial fishing licence shall be of an amount set out in the Table [xx] of Schedule 1. Special licence 4. (1) A person who requires, pursuant to any fisheries regulations, a special licence may apply to the Fisheries Administrator for such a licence under this regulation. (2) An application for a special licence shall 3

98 (a) be made to the Fisheries Administrator; (b) [be in such form and manner as the Fisheries Administrator may determine]; (c) specify the particular type of special licence that is being applied for; (d) be accompanied either by (i) evidence of possession of a valid commercial fishing licence; or (ii) an application for a commercial fishing licence; and (e) be accompanied by (i) any documents, materials and other information that may be required in fisheries regulations (for the particular type of special licence) or that the Fisheries Administrator may request for the purpose of determining the licence application; and (ii) be accompanied by any fee that may be specified for the particular type of special licence in fisheries regulations. Access licence 5. (1) A person who requires, pursuant to any fisheries management plan, an access licence may apply to the Fisheries Administrator for such a licence under this regulation. (2) An application for an access licence shall (a) be made to the Fisheries Administrator; (b) [be in such form and manner as the Fisheries Administrator may determine]; (c) specify the particular type of access licence that is being applied for; (d) be accompanied either by (i) evidence of possession of a valid commercial fishing licence; or (ii) an application for a commercial fishing licence; and (e) be accompanied by (i) evidence of compliance with any eligibility criteria as may be specified in fisheries regulations or in a fisheries management plan for access to the fishery or fisheries to which the application relates; (ii) any documents, materials and other information that may be required in fisheries regulations or in a fisheries management plan (for the particular type of access licence) or that the Fisheries Administrator may request for the purpose of determining the licence application; and (f) be accompanied by any fee that may be specified for the particular type of access licence in fisheries regulations or in a fisheries management plan. Determination of applications and grant of commercial fishing licences, special licences and access licences 6. (1) Subject to the other provisions in this Part that may, in relation to any individual application, be applicable, the Fisheries Administrator on being satisfied that (a) the application for a commercial fishing licence or a special licence has been made in the prescribed manner and contains all the information required; 4

99 (b) the prescribed fees have been paid; (c) the grant of the licence will not be prejudicial to any fishery management plan in effect and relevant to the application; (d) in the case of an access licence, the grant of the licence will not exceed the limit, however defined, specified for the fishery or fisheries to which the access licence relates; and (e) the applicant is a fit and proper person to be granted a licence, shall, within [28 days] of the receipt of the application, grant a commercial fishing license, a special licence or an access licence, as the case may be, [in the form prescribed in the XX Schedule]. (2) Where the number of applications meeting the eligibility criteria for a particular type of access licence exceed, or are anticipated by the Fisheries Administrator to exceed, the limit specified for the fishery or fisheries to which the access licence relates, the Fisheries Administrator may determine the method, criteria or process for selecting the applicants that, subject to compliance with all other requirements for the grant of the licence, may be granted an access licence. (3) For the purpose of determining whether an applicant is a fit and proper person, under sub-regulation (1)(e), the Fisheries Administrator may, without limitation, take account of the following (a) the applicant s history of compliance with fisheries regulations [or any other laws relating to the marine or inland water environment]; (b) any evidence that information required to be given or report under fisheries regulations that has been provided by the applicant is or has been false or misleading; and (c) any other evidence which indicates that the applicant may engage in an activity that is prejudicial to the interests of the fishing industry or to the environment in Belize. (4) In the case of a first time applicant, for the purpose of determining whether the applicant is a fit and proper person, under sub-regulation (1)(e), the Fisheries Administrator may additionally require evidence of completion of training or education in the fisheries sector. (5) A licence granted under sub-regulation (1) may be subject to such general or specific terms and conditions as the Fisheries Administrator thinks fit[, and any terms and conditions imposed shall be endorsed on the licence]. Sport fishing licence 7. (1) No person shall engage in sport fishing without a valid sport fishing licence [or a commercial fishing licence], granted in accordance with these Regulations. (2) Subject to regulation 3(2) person is deemed to be engaged in sport fishing if (a) he is on a boat or engaged or employed on a boat while in use or equipped for sport fishing in fisheries waters; and (b) he is engaged or equipped to fish any of the species described in Schedule 3. (3) An application for a sport fishing licence shall (a) be made to the Fisheries Administrator, or to any person authorised in accordance with sub-regulation (6); 5

100 (b) [be in such form and manner as the Fisheries Administrator may determine]; (c) comply with the requirements in sub-regulation (4); (d) be accompanied by any other documents, materials and other information that the Fisheries Administrator may request for the purpose of determining the licence application; and (e) be accompanied by the fee prescribed in sub-regulation (5). (4) At the time of application, the applicant must present (a) in the case of a Belizean, either (i) a valid Belizean Passport; (ii) a valid Voters I.D.; or (iii) a Belizean I.D. (with photograph) along with a birth certificate; or (b) in the case of a foreign national, a valid passport or other national identity document. (5) The fees payable for the issue of a sport fishing licence shall be of an amount set out in Table [xx] of Schedule 1. (6) The Fisheries Administrator may, in writing, delegate his power to issue sport fishing licences by authorising any person or authority to issue sport fishing licences, subject to such conditions as the Fisheries Administrator may require. (7) A person or authority authorised pursuant to sub-regulation (6) to issue sport fishing licences shall keep a record of sales of such licences in such manner as the Minster may require and such records shall be made available at all reasonable times for inspection by an authorised officer. (8) The Fisheries Administrator may waive the fees payable for the issue of sport fishing licences under these Regulations. Research licence 8. (1) A person wishing to conduct research in fisheries waters may apply for a research licence to enable him to undertake research in fisheries waters. (2) An application for a research licence shall (a) be made to the Fisheries Administrator; (b) [be in such form and manner as the Fisheries Administrator may determine]; (c) be accompanied by (i) evidence of compliance with any eligibility criteria as may be specified in fisheries regulations or in a fisheries management plan for access to the fishery or fisheries to which the application relates; (ii) any documents, materials and other information that may be required in fisheries regulations or in a fisheries management plan (for the particular type of access licence) or that the Fisheries Administrator may request for the purpose of determining the licence application; and (d) be accompanied by any fee that may be specified for the particular type of access licence in fisheries regulations or in a fisheries management plan. (3) The fees payable for the issue of a research licence shall be of an amount set out in Table [xx] of Schedule 1. 6

101 (4) The Fisheries Administrator may, if he considers it to be in the public interest of Belize, vary or waive the amount of fees payable in respect of a research permit issued under these Regulations. Marine bio-prospecting licence 9. (1) No person shall engage in bio-prospecting in fisheries waters without a valid marine bio-prospecting licence issued under these Regulations. (2) An application for a marine bio-prospecting licence shall (a) be made to the Fisheries Administrator; (b) [be in such form and manner as the Fisheries Administrator may determine]; (c) [contain a description of the proposed bio-prospecting activities;] (d) [contain a statement relating to the environmental impact of the proposed bioprospecting activities and any environmental impact mitigation measures that will be utilised;] and (e) be accompanied by any documents, materials and other information that the Fisheries Administrator may request for the purpose of determining the licence application; and (f) be accompanied by the fee prescribed in sub-regulation (3). (3) The fee payable for the issue of a marine bio-research licence shall be of an amount set out in Table [xx] of Schedule 1. Determination of applications and grant of research licences and marine bioprospecting licences 10. (1) Subject to the other provisions in this Part that may, in relation to any individual application, be applicable, the Fisheries Administrator on being satisfied that (a) the application for a research licence or a marine bio-prospecting licence has been made in the prescribed manner and contains all the information required; (b) the prescribed fees have been paid; (c) the grant of the licence, in light of the activities to be undertaken and the anticipated results of those activities, is in the national interest of Belize, and in particular in the interest of the fishing industry; and (d) the applicant is a fit and proper person to be granted a licence, shall, within [28 days] of the receipt of the application, grant a commercial fishing license, a special licence or an access licence, as the case may be, in the form prescribed in the XX Schedule. (2) If, in order to properly assess the application, the Fisheries Administrator requires more than 28 days to make a decision on grant of a research licence or a marine bio-prospecting licence, he shall inform the applicant in writing of the period within which a decision will be made. (3) A research licence issued pursuant to these Regulations may be subject to such terms and conditions as may be prescribed or as may be stated in the permit, and shall also be subject to the following terms and conditions 7

102 (a) such scientific observers or other personnel as the Fisheries Administrator may designate shall be allowed on board the licensed vessel and shall be allowed to participate fully in the research project both on board the vessel and on shore; (b) copies of any raw data generated by the research operations shall be submitted to the Fisheries Administrator at the end of the operations or at any other time as the Fisheries Administrator may require; (c) the results and conclusions of the research operations shall be submitted to the Fisheries Administrator as soon as practicable following the completion of the operations and in any case not later than the time specified in the research permit for this purpose; and (d) no result of the research operation shall be published or otherwise made available outside Belize without the prior agreement in writing of the Fisheries Administrator. (4) A marine bio-research licence issued pursuant to these Regulations may be subject to such terms and conditions as may be prescribed or as may be stated in the licence, and shall also be subject to the following terms and conditions (a) any use of genetic materials shall be of public interest and natural patrimony and the Fisheries Department shall be the direct custodian for all marinerelated prospecting. A transfer agreement will need to be signed between the Fisheries Department and interested parties; (b) an entity engaged in bio-prospecting shall train Belizean citizens and permanent residents in related fields; (c) an organisation deriving revenue from the use of bio-diversity in Belize shall enter into a written agreement with the Government of Belize, acting through the Fisheries Department, crediting at least ten percent of such revenue to the Consolidated Revenue Fund; (d) no bio-prospecting with a negative environmental impact shall be allowed; (e) all bio-research conducted in fisheries waters shall require a transfer agreement. Local fishing vessel licence 11. (1) No local fishing vessel shall be used for commercial fishing or for related activities in fisheries waters without a valid local fishing vessel licence issued in accordance with this regulation. (2) An application for a local fishing vessel licence shall (a) [be in such form and manner as the Fisheries Administrator may determine]; (b) [contain a description of fishing vessel to be licensed;] (c) be accompanied by any documents, materials and other information that the Fisheries Administrator may request for the purpose of determining the licence application; and (d) be accompanied by the fee prescribed in sub-regulation (4). (3) Where a local fishing vessel licensed under these Regulations ceases to be a local fishing vessel, the licence of such vessel shall terminate automatically and immediately. 8

103 (4) The fee payable for the issue of a local fishing vessel licence shall be of an amount set out in Table [xx] of Schedule 1. General conditions applicable to local fishing vessel licence holders 12. (1) Without prejudice to any other laws applicable to the matters mentioned in this regulation, a person licensed to operate a local fishing vessel shall (as a condition of that licence) (a) comply with (i) the laws of Belize relating to safety of navigation; (ii) the laws of Belize concerning the safety of maritime vessels or fishing vessels; and (iii) such navigational or safety standards for fishing vessels as the Fisheries Administrator may require from time to time; (b) ensure that the vessel displays the identification markings assigned to it, or that it is required to maintain, under section [xx]; (c) notify any change in the particulars and information set out in the application form for the licence (at any time before or after the issue of the licence) in writing to the Fisheries Administrator as soon as may be, but in any case not later than seven calendar days of the change in question; and (d) ensure that the master and each member of the crew of the vessel complies with any directions given to them or each of them orally or in writing by the Fisheries Administrator or an authorised officer exercising any duties under fisheries regulations or the Principal Act. Duration of licences 13. Unless specified otherwise in the licence, a licence granted under these Regulations shall be valid (a) from 1 January to 31 December, if the licence is granted before the commencement of the year in which the licence is intended to apply; and (b) in other cases, from the date the licence is granted until 31 December of that year. General terms and conditions of licences 14. (1) All licences and permits issued under these Regulations:- (a) shall be valid for such period as may be specified in the licence or permit; (b) shall not be transferable or assignable; (c) shall at all material times be carried by the owner, master, charterer, operator or researcher of the vessel in respect of which it is issued and produced on demand when requested by the Fisheries Administrator or a fisheries officer. (2) Where a vessel licenced under these Regulations is transferred to another owner such owner shall, within seven calendar days of becoming owner, apply to the Minister on the prescribed application form for the re-licensing of the vessel. (3) Where a vessel licensed under these Regulations ceases to undertake and perform the fishing or research operations for which it was initially licensed, the 9

104 master, owner, operator, or charterer of such vessel shall within seven days of such cessation, inform the Fisheries Administrator of that fact and return the licence for cancellation. Foreign fishing licence PART 3 FOREIGN FISHING 15. (1) No foreign fishing vessel shall be used for fishing or for any other related activities while in fisheries waters without a valid foreign fishing vessel licence issued in accordance with these Regulations. (2) Subject to the provisions of these Regulations the Minister may, upon the recommendation of the Fisheries Administrator, issue a foreign fishing vessel licence to a foreign fishing vessel authorising the use and operation of such vessel in any areas of fisheries waters which may be specified in the licence. (3) The Minister shall exercise the powers conferred upon him under sub-regulation (2) above if he is satisfied that (a) the issue of such licence is consistent with any applicable fisheries management plan; (b) that the amount of fish that may taken in accordance with the licence shall not exceed the total resources or amount of fishing allowed to that vessel or type of vessel under any appropriate fisheries plan; (c) the issue of such licence shall not cause unreasonable harm to the local fishing industry, consideration being taken in this respect to the jurisdictional zones or other areas in which the licensed vessel may be permitted to fish; (d) the issue of such licence shall be beneficial to the Belizean economy and shall be in the public interest; (e) the applicant for such licence has provided sufficient financial and other guarantees for the fulfilment of all his obligations under the Principal Act and any Regulations made thereunder; (f) the applicant, where required to do so, has installed and registered and will maintain and operate a mobile transceiver unit, approved by the Fisheries Administrator; (g) there is in force between the Government of Belize and (i) the Government of the Flag State of the foreign fishing vessel; (ii) any other organisation or association to which the Flag State has delegated power and authority over the registration of ships and fishing vessels; (iii) or any association of which the applicant is a member, a valid fisheries agreement entered into by both parties, or to which both parties subscribe and are members. (4) An application for a marine bio-prospecting licence shall (a) [be in such form and manner as the Fisheries Administrator may determine]; 10

105 (b) be accompanied by any documents, materials and other information that the Fisheries Administrator may request for the purpose of determining the licence application; and (c) be accompanied by any applicable fee prescribed in sub-regulation (5). (5) Unless a fee is specifically set out in the licence or an applicable fisheries agreement, the fees payable in respect of a foreign fishing vessel licence shall be of an amount set out in Table [xx] of Schedule 1. General conditions applicable to foreign fishing vessels 16. (1) Unless expressly provided in a foreign fishing vessel licence, the conditions specified in sub-regulation (2) below shall be and are hereby declared to be implied conditions applicable to every foreign fishing vessel licensed under these Regulations. (2) The conditions referred to in sub-regulation (1) above are (a) that no fishing or related activities shall be undertaken in fisheries waters except in accordance with the terms and conditions of the licence; (b) that any change at any time before or after the issue of a foreign fishing vessel licence in the particulars and information set out in the application form for the licence shall be notified by the holder or applicant thereof in writing to the Fisheries Administrator as soon as may be, but in any case not later than seven calendar days after its occurrence; (c) that the master of each foreign fishing vessel, and each crew member, shall while in fisheries waters pursuant to the licence, comply at all times, to the lawful directions given to them or each of them by the Fisheries Administrator or any fisheries officer or other officer of the Government duly authorised in writing by the Minister in that behalf, and in particular, they or each of them shall upon the request of any of such officers (i) stop the vessel; (ii) permit such officer to board the vessel and carry out any inspection thereof, and fully cooperate with and assist such officer during the inspection; (iii) permit and allow such officer to have access to all documents and information relating to the licensing, registration and other particulars of the vessel and its operations; or (iv) bring the vessel into port, or order it to another point at sea; (d) that the master and crew members of the foreign fishing vessel shall, while in fisheries waters, comply fully with all the environmental and other laws of Belize, and take reasonable measures and precautions to avoid causing any damage to or endangering the marine environment, barrier reef or the viability of the local fishing industry. (3) Every foreign fishing vessel with an overall length of 40 feet or more licensed pursuant to these Regulations shall, in addition to observing the conditions set out in sub-regulation (2) above, also comply with and observe the conditions specified in sub-regulation (4) below. (4) The conditions referred to in sub-regulation (3) are 11

106 (a) that the vessel, while in fisheries waters (i) fly the flag of its Flag State; (ii) clearly display its name in English in large letters painted on its bows and stern; and clearly display the identification markings in accordance with the specifications set out in Schedule 4; (b) that the master of the foreign fishing vessel shall cause a logbook to be maintained on a daily basis in such form as may be set out by the Fisheries Administrator, and record in such logbook all the fishing operations undertaken by the vessel while in fisheries waters; (c) that the master of the foreign fishing vessel shall submit the logbook referred to in paragraph (b) above to the Fisheries Administrator in its original and unaltered form (i) not later than thirty calendar days after the completion of the voyage to which the logbook relates, but in any case before the vessel departs fisheries waters; or (ii) at any other time at the oral or written request of the Fisheries Administrator or a fisheries officer; (d) that the master of the foreign fishing vessel shall cause reports to be made to the Fisheries Administrator, on such forms as may be specified by the Fisheries Administrator, concerning or relating to the international radio call sign or the number assigned to the vessel under any national or regional register, the position of the vessel at the time of reporting, the total fish catch on board the vessel, segregated by species at the time of reporting, the areas fished while in fisheries waters, and such other information relating to the operations of the foreign fishing vessel while in fisheries waters as the Fisheries Administrator may from time to time require, and such information (or any part of it), shall be provided to the Fisheries Administrator by the master of the vessel (i) immediately upon entry into fisheries waters; (ii) every 30 calendar days thereafter, or after such shorter or longer intervals as the Fisheries Administrator may specify in writing; (iii) immediately prior to departure from fisheries waters; or (iv) at such other times as the Fisheries Administrator may specify in writing; (e) that the master or operator of the foreign fishing vessel or his authorised local representative shall notify the Fisheries Administrator of the estimated time of entry of the vessel into any port in Belize at least 24 hours prior to such entry; (f) that the master of the foreign fishing vessel shall, while in fisheries waters, allow any person designated in writing by the Fisheries Administrator to board and remain on board the vessel as an observer and shall (i) allow the observer full access to all equipment, including navigation and communication equipment, records, documents and any fish on board the vessel; (ii) allow the observer to make such tests, observations and records, and to take or remove such samples as he may reasonably require in connection with the vessel s operations while within fisheries waters; 12

107 (iii) provide, without any charge whatsoever to the observer or to the Government of Belize, food and accommodation at least equal to that provided to officers on board the vessel; (iv) proceed directly to port, if or when requested to do so by the Fisheries Administrator or the observer, for the purpose of allowing the observer or the fisheries officer designated in that behalf by the Fisheries Administrator to board or disembark from such vessel, or to carry out an inspection for the purposes of monitoring compliance by such vessel with the provisions of the Act or any Regulations made under it, or with any fisheries agreement applicable to such vessel entered into pursuant to these Regulations; (g) that all catch landed by the vessel shall be processed in Belize; and (h) that any supplies and services which may be necessary for the operation of the vessel shall be procured in Belize, except if unavailable locally. (5) Every foreign fishing vessel with an overall length of less than forty 40 feet licensed pursuant to these Regulations shall, in addition to observing the conditions set out in sub-regulation (3) above, also comply with and observe the conditions specified in sub-regulation (6) below. (6) The conditions referred to in sub-regulation (5) above are (a) that the foreign fishing vessel shall at all times while in fisheries waters display identification markings in accordance with the specifications set out in the Schedule 4; (b) that the master of the vessel shall provide such information to the Fisheries Administrator on fishery operations carried out within fisheries waters, in such form and at such times as the Fisheries Administrator may from time to time require in writing. Records to be in English 17. All record, logbooks, notices, documents or other information required to be maintained, kept or made under these Regulations shall be so maintained, kept or made in the English language, and only such copies as are maintained, kept or made in the English language shall be deemed to be authentic texts for the purposes of these Regulations. Local representatives 18. No licence shall be issued under the Regulations to a foreign fishing vessel unless the master, owner, charterer or operator thereof has appointed in Belize a local representative who shall, and is hereby authorised to act on behalf of such master, owner, charterer or operator, and to accept on his behalf all legal responsibility for any legal or other action which may be taken by or against the vessel and its operations while in fisheries waters. Stowage of fishing gear 19. (1)Any foreign fishing vessel which is not licensed pursuant to these Regulations shall, while in fisheries waters, keep its fishing gear securely stowed so as not to be readily available for use. 13

108 (2) Any foreign fishing vessel which is licensed under these Regulations to undertake fishing operations in any areas specified in the licence shall, while not in those specified areas, at all times keep its fishing gear securely stowed so as not to be readily available for use. (3) Where a foreign fishing vessel licence specifically authorises a foreign fishing vessel to fish using only a particular set or type of fishing gear, such vessel shall, while in fisheries waters, at all times keep any other fishing gear on board the vessel securely stowed so as not to be readily available for use. PART 4 MONITORING, CONTROL AND SURVEILLANCE Marking and identification of fishing vessels 20. (1) All fishing vessels licensed pursuant to these Regulations to undertake fishing operations within fisheries waters shall be marked in accordance with this regulation. (2) Before the issuing of a licence to fish on respect of any vessel, the Fisheries Administrator shall allot a distinguishing mark to that vessel and shall advise the owner of the vessel of the mark so allotted. (3) All marks allotted to vessels during the currency of a licence shall be maintained in a clean and un-obscured condition by the owner of the vessel. (4) A tender or dinghy or other small boat customarily used in conjunction with a vessel to which a mark is allotted shall carry the same mark as the parent vessel. Unlawful removal, etc. of marks 21. Any person who (a) removes, defaces or otherwise alters any distinguishing mark on any vessel, except under the express instructions in writing of the Fisheries Administrator; (b) applies a mark to a vessel to which such mark has not been allocated; or (c) applies a mark with a view to mislead or confuse, the form or nature of which may be confused with an official allotted mark, shall be guilty of an offence and shall be liable on summary conviction to a fine of [one thousand dollars] [or to imprisonment for a period not exceeding six months, or to both such fine and period of imprisonment,] and in addition the vessel to which the offence related may be forfeited to the state, or if not forfeited, may be de-licensed for a period of twelve months following the conviction. Designated landing sites 22. (1) The Fisheries Administrator shall by Notice published in the Gazette designate a port, landing site or other place ( designated landing site ) in accordance with this regulation, and may specify certain requirements ( designated landing site requirements ) concerning the landing of fish at that site. (2) The requirements referred to in sub-regulation (1) may include requirements (a) that certain fish be landed at the designated landing site; 14

109 (b) that certain fish be landed at the designated landing site at specified times, with an appointed person present; (c) that certain categories of fishing vessel, licence holder or fisher land fish, or certain fish, at the designated landing site; (d) that any owners, operators, or masters of vessels, or any permit holders, or any of them, notify appointed persons of the intention to land fish; or (e) concerning the manner of landing, the information to provided on the catch being landed, including the provision of any catch log or declaration, by any person, and the manner of any inspection or examination by an authorised officer. (3) Any person carrying out an activity to which designated landing site requirements apply shall comply with those requiemenrs. Logbooks, catch records, etc. 23. (1) The master of a fishing vessel shall, if so required by the Fisheries Administrator, cause a logbook to be maintained on a daily basis in such form as the Fisheries Administrator may from time to time require for the purpose of recording the fishing operations of the vessel. (2) Any logbook maintained under sub-regulation (1) shall be transmitted in its original and unaltered in its original and unaltered form to the Fisheries Administrator at such time or times as he may in writing require. Returns 24. (1) Every person or exporter engaged in any of the operations to which reference is made in this Regulations shall upon request furnish to the Fisheries Administrator a return in writing on Form EI set out in the Second Schedule to these Regulations, giving details as to the catch, sales output, produce in respect of fish purchases, fishing gear and name and type of vessel used, time occupied in fishing, areas fished and species taken or such other information as may be required for statistical purposes. The operations in respect of which a return may be required to be furnished are:- (a) the taking of fish for sale; (b) the sale of fish at any market or at any establishment at which fish is sold which has not passed through any market; (c) the preserving, curing, smoking, drying or salting of fish for sale or export; (d) the processing, filleting packaging or handling of fish or fish products; (e) the purchasing, receiving and export of fish or fish products. (2) Any person or exporter required to furnish a return under this Regulation shall within fifteen calendar days after the expiration of each month furnish that return to the Fisheries Department setting out the prescribed particulars. (3) Any person who neglects or fails to furnish a return required to be furnished in accordance with the provisions of this Regulation or who furnishes false information in any such return shall be guilty of an offence and shall be liable on summary conviction to a fine of one thousand dollars or to imprisonment for a period not exceeding six months, or to both such fine and period of imprisonment. 15

110 Custody and disposal of seized articles PART 5 ENFORCEMENT 25. (1) A Summary jurisdiction court may order any fish or other perishable articles seized by the Fisheries Department pursuant to the Act and Regulations made thereunder to be forfeited. (2) A summary jurisdiction court may order the release of any vessel or any other article seized by the Fisheries Department pursuant to the Act and Regulations made thereunder to be released on receipt of a bond or other security for its value. (3) Where proceedings are instituted in any court in respect of a seized article, the court dealing with the matter may retain the seized article as an exhibit pending the final determination of the proceedings before it, but if separate proceedings are instituted in another court, the first mentioned court, may cause the article to be delivered to that other court, there to be dealt with as an exhibit or as that other court sees fit. Forfeiture 26. (1) On convicting any person of an offence against these Regulations, the court:- (a) may order any fishing vessel used in the commission of the offence and any article in respect of which the offence has been committed, to be forfeited; (b) shall order all fish taken in the commission of the offence to be forfeited; (2) Where an article in the custody of the court is not forfeited pursuant to subregulation (1) above, it shall be held by the court until the convicted person has paid all fines relating to or associated with the use of such article, and if the convicted person fails to pay the fines within such time as may be specified by the court, such article may be sold on the order of the court after the application of the prosecution, and the money realised from the sale maybe applied towards payment of the outstanding fines. 46. If any person contravenes the provisions of these Regulations or a fisheries agreement made pursuant to these Regulations, or who contravenes the terms and conditions of a licence or permit issued hereunder, and no specific penalty is provided for such contravention, such person commits an offence and shall be liable on summary conviction to a fine of one thousand dollars or to imprisonment for a period not exceeding six months, or to both such fine and period of imprisonment. Cancellation of licences and permits 27. (1) Where any person has been convicted of an offence against these Regulations, the court may, in addition to any other penalty it may impose, cancel any licence or permit issued under these Regulations to the convicted person, and may further order that such person shall be prohibited from applying for any licence or permit under the Act or these Regulations for such time as the court may specify in the order. 16

111 (2) A person aggrieved by the court s order prohibiting the issue of a permit or licence to him for a specified time may appeal against that order to the Supreme Court. 17

112 SCHEDULE 1 LICENCE FEES SCHEDULE 2 LICENCE APPLICATION FORMS AND LICENCES (IF REQUIRED) 18

113 SCHEDULE 3 Fish Species Designated for Sport Fishing Table 1 Species subject to catch and release Common name Bonefish (also known as Macabi) Permit fish Tarpon Scientific name Albula vulpes Trachinotus falcatus Megalops atlanticus Table 2 Other species Common name White Marlin Blue Marlin Sailfish Atlantic sailfish Swordfish Cobia Dolphin fish Tripletail Wahoo Spanish Mackerel King Mackerel Cero Skipjack tuna Big eye tuna Little tunny Swordspine snook Fat snook Tarpon snook Mexican snook Pompano Florida pompano Palometa pompano Scientific name Tetrapturus albidus Makaira nigricans Istiophorus platypterus Istiophorus albicans Xiphias gladius Rachycentron canadum Coryphaena hippurus Lobotes surinamensis Acanthocybium solandri Scomberomorus maculatus Scomberomorus cavalla Scomberomorus regalis Katsuwonus pelamis Thunnes obesus Euthynuss alletteratus Centropomus ensiferus Centropomus parallelus Centropomus pectinatus Centropomus poeyi Alectis ciliaris Trachinotus carolinus Trachinotus goodei 19

114 SCHEDULE 4 SPECIFICATIONS FOR MARKING OF FISHING VESSELS 1. Content of Identification Marks (a) Any vessel that has been assigned an International Telecommunication Union radio call sign as its identification mark. (b) Any vessel that has not been assigned an International Telecommunication Union to the flag state of the vessel followed by a hyphen and the licence or registration number assigned to that vessel by its flag state. (c) Any vessel that has not been assigned an International Telecommunication Union radio call sign but is normally carried on board another vessel for use in fishing operations shall display the identification mark assigned to that other vessel. 2. Location of Marking (a) Identification marks shall be prominently displayed: (i) on the vessel s port or starboard side or superstructure high above the waterline but not in the flare of the bow or on the sterm in such a way as to be clearly visible both from the seen and the air; and (ii) for vessels other than local fishing vessels or indecked vessels on a horizontal surface of the vessel athwart ships with the top of the letters and numbers towards the bow of the vessel; where an awning or other temporary cover is placed so as to obscure the marking, the awning or other cover shall bear the same identification mark. (b) (i) Identification marks shall be so placed that they: are not obscured at any time by fishing gear whether stowed or in use; (ii) for vessels other than local fishing vessels or undecked vessels on a horizontal surface of the vessel athwart ships with the top of the letters and numbers towards the bow of the vessel; where an awning or other temporary cover is placed so as to obscure the marking, the awning or other cover shall bear the same identification mark. (c) (i) Identification marks shall be so placed that they: are not obscured at any time by fishing gear whether stowed or in use; (ii) are clear of flows from scuppers or overboard discharges and of areas that might be prone to damage or discoloration occurring during or as a result of fishing operations; and (iii) do not extend below the waterline. 20

115 3. Technical Specifications (a) Block lettering and numbering shall be used throughout. (b) The width of the letters and numbers shall be in proportion to the height as set out below. (c) The height of the letters and numbers shall be in proportion to the size of the vessel in accordance with the following criteria: (i) for identification marks on the side or superstructure of the vessel Length overall of vessel Minimum height of letters in meters (m) 25 m and over 1.0m At least 20 m but less than 25 m 0.8m At least 15 m but less than 20 m 0.6m At least 12 m but less than 15 m 0.4m At least 5 m but less than 12 m 0.3m Under 5 m 0.1m (ii) For identification marks to be displayed on horizontal surfaces on vessels of 5 meters length overall and over, the height of the letters and numbers shall be not less than 0. 3 meters. (d) The length of the hyphen shall be half of the height of the letters and numbers. (e) The width of the stroke for all letters, numbers and the hyphen shall be one sixth of the height of the letters and numbers. (f) The space between letters and/or numbers, except in the case referred to in paragraph (g), shall not exceed one quarter of the height of the letters and numbers and shall not be less than one sixth of that height. (g) The space between adjacent letters having sloping sides shall not exceed one eight of the height of the letters, nor be less than one tenth of that height. (h) Identification marks shall be white on a black background or black on a white background; the background shall extend to provide a border around the letters and numbers of not less than one sixth of the height of the letters and numbers. (i) Good quality marine paint shall be used in the marking of vessels in accordance with the foregoing specifications; retro-reflective or heat-generating substances may also be used. (j) The identification marks and the background shall be maintained in a good condition at all times. 21

116 BELIZE: STATUTORY INSTRUMENT NO. of 2014 ORDER made by the Minister responsible for Fisheries in exercise of the powers conferred upon him by [section 13 of the Fisheries Act, Chapter 210 of the Substantive Laws of Belize, Revised Edition ] [section [111] of the Fisheries Resources Act, etc.], and all other powers thereunto him enabling. (Gazetted ). Citation 1. This Order may be cited as the FISHERIES (TURNEFFE ATOLL MARINE RESERVE) ORDER Interpretation 2. (1) Unless the context otherwise requires (a) the terms Fisheries Administrator, Fisheries Council and Minister used in this Order have the same meaning as in the Principal Act. (b) fisheries management plan means a fisheries management plan made under [section 10] of the Principal Act; (c) fisheries reserve management plan means a management plan applicable to the Reserve created by regulations made under [section 19] of the Principal Act; (d) the Principal Act means the [Fisheries Resources Act] (2) Turneffe Atoll Marine Reserve and Reserve means the marine reserve declared under paragraph 3 this Order, and zone means a zone declared under paragraph (4) of this Order. (3) Advisory Committee means the Advisory Committee established under paragraph 5(1) of this Order, and statutes and terms of reference means the statutes and terms of reference referred to in paragraph 5(2).

117 Declaration of marine reserve 3. The area described in Part 1 of Schedule 1 to this Order, known as Turneffe Atoll, is hereby declared to be a marine reserve for the purposes of the [section 15(1)] of the Principal Act. Declaration of zones 4. The areas described in Part 2 of Schedule 1 to this Order, are hereby declared to be zones within the Turneffe Atoll Marine Reserve for the purposes of [section 15(2)] of the Principal Act. Establishment of Advisory Committee 5. (1) There is hereby established an Advisory Committee for the purpose of directing and managing the affairs of the Turneffe Atoll Marine Reserve. (2) The statutes and terms of reference for the Advisory Committee shall be as set out in Schedule 2 to this Order, as may be amended from time to time in accordance with those statutes. (3) The Advisory Committee shall be a legal person and may, for the performance of its functions, acquire and hold movable or immovable property and dispose of the property and enter into a contract or any other transaction. Reserve Fund Account 6. (1) The Advisory Committee may, with the approval of the Minster of Finance and the Fisheries Administrator, open and maintain at a reputable bank, an account for the funds relating to the Turneffe Atoll Marine Reserve (in this Order, Reserve Fund Account ). (2) The Reserve Fund Account shall be operated in accordance with the statutes and terms of reference of the Advisory Committee. Revenues of the Reserve Fund Account 7. (1) The revenues of the Reserve Fund Account shall consist of the following (a) fees and other charges collected from use of the Reserve; (b) donations solicited by the Advisory Committee; (c) contributions from Government funds; (d) contributions from organisations [associated with the management of the Reserve]; (e) income derived from the investment of money by or on behalf of the Reserve; and (f) any other money lawfully contributed, donated or bequeathed to the Reserve. (2) The funds of the Reserve Fund Account shall be kept separate from the Consolidated Revenue Fund any other general funds of the Government. (3) The revenues generated by virtue of the Reserve shall be used exclusively for the proper and efficient administration, management and conservation of the Reserve and the resources contained in it. 2

118 Duty to keep proper accounts 8. (1) The Advisory Committee shall keep full and correct accounts of all moneys received and expended on behalf of the Reserve. (2) An annual audit of accounts shall be carried out by the Auditor General or an independent auditor appointed by the Minster of Finance. (3) The Advisory Committee shall prepare a statement of the assets and liabilities of the Reserve as at the end of each financial year and forward the same through the Minister responsible for fisheries to the Minster of Finance who shall present the said statement to the National Assembly as soon as practicable. (4) The Chairperson of the Advisory Committee shall (a) prepare an annual summary of the management and use of the funds in the Reserve Fund Account for the Fisheries Administrator and the Minister of Finance; (b) publish that report, or cause it to be published. 3

119 SCHEDULE 1 Part 1 Turneffe Atoll Marine Reserve Paragraphs 2 and 3 The Turneffe Atoll Marine Reserve consists of the nine zones described in Part 2, a map of which is set out in Part 3. Zone I Part 2 Marine Reserve Zones Maugre Caye Conservation Zone. Commencing at a Point 1, and having scaled UTM Coordinates East North; then proceeding 5.55 km north to a Point 2, having scaled UTM coordinates East North; then proceeding 8.8 km east to a Point 3, having scaled UTM coordinates East North; then proceeding 3.9 km south to a Point 4, having scaled UTM coordinates East North; then proceeding 3 km west to a Point 5, having scaled UTM coordinates East North; then proceeding 1.65 km south to a Point 6, having scaled UTM coordinates East North; then proceeding 5.8 km to the Point of origin, and encompassing square kilometres. Zone II A Dog Flea Caye Conservation Zone. Commencing at a Point 1 on the coast of Three Comer Caye, and having scaled UTM Coordinates East North; then proceeding 6.66 km east to a Point 2, having scaled UTM coordinates East North; then proceeding km south to a Point 3, having scaled UTM coordinates East North; then proceeding km west to a Point 4, having scaled UTM coordinates East North; then proceeding 4.48 km north to the Point of origin, and encompassing square kilometres. Zone II B Cockroach-Grassy Caye Special Management Area. Commencing at a Point 1, having scaled UTM Coordinates East North; then proceeding south east at a constant lom distance east of the reef crest to a Point 2, having scaled UTM coordinates East North; then proceeding 1 km west to a Point 3, having scaled UTM coordinates East North; then proceeding 1 km north to a Point 4, at the south tip of Caye Bokel, having scaled UTM coordinates East North; then proceeding north east, following the line of the western edge of the back reef flat to a Point 5, having scaled UTM coordinates 416 4

120 844 East North; then following the high water mark of the coastline northwards to Point 6, having scaled UTM coordinates East North; then proceeding 1 km south to the Point of origin, and encompassing 8.88 square kilometres. Zone III Vincent s Lagoon Special Management Area. Commencing at a Point 1, having scaled UTM Coordinates East North; then proceeding along the entire perimeter of the lagoon, until the Point of origin. Zone IV Blackbird Caye Conservation Zone. Commencing at a Point 1 on the east coast of Blackbird Caye, and having scaled UTM Coordinates East North; then proceeding 6 km east to a Point 2, having scaled UTM coordinates East North; then proceeding 3.24 km south to a Point 3, having scaled UTM coordinates East North; then proceeding 4.77 km west to a Point 4, having scaled UTM coordinates East North; then proceeding north, following the coast at the high water mark to the Point of origin, and encompassing 16.2 square kilometres. Zone V Long Bogue Conservation Zone. Commencing at a Point 1, and having scaled UTM Coordinates East North; then proceeding westwards to a Point 2, having scaled UTM coordinates East North; then proceeding south-west, to a Point 3, having scaled UTM coordinates East North; then proceeding south-east to a Point 4, having scaled UTM coordinates East North; then proceeding west-south-west to a Point 5, having scaled UTM coordinates East North; then proceeding south to a Point 6, having scaled UTM coordinates East North; then proceeding to the Point of origin, and encompassing 8.59 square kilometres. Zone VI Caye Bokel Conservation Zone. Commencing at a Point 1, and having scaled UTM Coordinates East North; then proceeding 7.1 km east to a Point 2, having scaled UTM coordinates East North; then proceeding south-east, following the high water mark of the west coastline to a Point 3, having scaled UTM coordinates East North; then proceeding 2.35 km east to a Point 4, having scaled UTM coordinates East North; then proceeding 4.5 km south to a Point 5, having scaled UTM coordinates East North; then proceeding 9.6 km west to a Point 6, having scaled UTM coordinates East North; then proceeding 6.07 km to the Point of origin, and encompassing 55.4 square kilometres. 5

121 Zone VII Preservation Zone. Commencing at a Point 1 on the mangrove coastline of the Central Lagoon, and having scaled UTM Coordinates East North; then following the mangrove coastline south to a Point 2, having scaled UTM coordinates East North; then proceeding 2.37 km west to a Point 3, having scaled UTM coordinates East North; then proceeding 0.96 km north to a Point 4, having scaled UTM coordinates East North; then proceeding 0.48 km east to a Point 5, having scaled UTM coordinates East North; then proceeding 3.6 km north to a Point 6, having scaled UTM coordinates East North; then proceeding 2.9 km east to the Point of origin, and encompassing square kilometres. Zone VIII General Use Zone. Commencing at a Point 1, having scaled UTM Coordinates East North; then proceeding 20 km in a southerly direction to a Point 2, having scaled UTM coordinates East North; then proceeding km to a Point 3, having scaled UTM coordinates East North; then proceeding km to a Point 4, having scaled UTM coordinates East North; then proceeding 15.6 km west to a Point 5, having scaled UTM coordinates East North; then proceeding 16.3 km in a northerly direction to a Point 6, having scaled UTM coordinates East North; then proceeding km to a Point 7, having scaled UTM coordinates East North ; then proceeding km to a Point 8, having scaled UTM coordinates East North; to the Point of origin, and encompassing 1, square kilometres, excluding Zones I to VII. 6

122 Part 3 Marine Reserve and Zones Map 7

123 SCHEDULE 2 Paragraph 5(1) Statutes and Terms of Reference of the Advisory Committee Rule 1 Functions of the Advisory Committee 1) The functions of the Advisory Committee shall be to a) be responsible for the efficient administration of the affairs of the Reserve; b) review the implementation of any fisheries reserve management plan, including as appropriate through the development of a strategy or strategies for the implementation of such plans; c) insofar as is appropriate, review the application of any relevant fisheries management plan to activities in the Reserve; d) make recommendations regarding admission fees and other charges to be levied in relation to the Reserve; e) review and make recommendations to the relevant authorities on national or local policies, laws and plans that may affect the Reserve; and f) provide a forum for consultation amongst stakeholders with an interest in the Reserve. 2) The Fisheries Administrator may give general directions in writing to the Advisory Committee. 3) In carrying out the activities described in this Rule, the Advisory Committee shall a) comply with any directions given by the Minister or by the Fisheries Administrator, as the case may be; b) take into account, to the extent they apply, the objectives in [section 4], the general principles and measures in [section 5] and the objectives of marine and inland reserves in [section 15] of the Principal Act; and c) take into account any relevant recommendations of the Fisheries Council. Rule 2 Membership of the Advisory Committee 1) Subject to paragraphs 2) to 4) of this Rule and to Rule 10.1, the Advisory Committee may consist of the following Members a) the Fisheries Administrator or his designee; b) the Chief Forest Officer or his designee; c) the Chief Executive Officer of the Coastal Zone Management Authority and Institute or his designee; d) the Chairperson of the Association of Protected Areas Management Organizations or his designee; 8

124 e) the Executive Director of the Protected Areas Conservation Trust or his designee; f) one representative of the Turneffe Atoll Sustainable Association; g) one representative of the Turneffe Atoll Trust; h) one representative of the Ministry responsible for Tourism; i) one representative of the Ministry responsible for Natural Resources; j) the Science Director of the Environmental Research Institute of the University of Belize or his designee; k) one representative of an international non-governmental organization; l) the Chairman of the Belize Fishermen Federation or his designee; m) the Chairman of the Belize Fishermen Cooperative Association or his designee; n) one representative of the tourism industry (the primary tourism business of such representative being located at Turneffe); o) one resident representing the private landowners of Turneffe; and p) any other person appointed by the Fisheries Administrator. 2) A Member of the Advisory Committee may hold office for a period of two years and shall at the expiry of that period be eligible for re-appointment. 3) A Member of the Advisory Committee who is absent without reasonable excuse from three consecutive meetings of the Advisory Committee ceases to be a Member. 4) Paragraphs 2) and 3) of this Rule do not apply to Members representing government organisations. Rule 3 Chairperson and Vice-Chairperson 1) The Members of the Advisory Committee shall elect from among the Membership one person to be Chairperson and one person to be Vice-Chairperson. 2) The duties of the Chairperson shall include a) to declare the opening and closing of each meeting; b) to preside at meetings; c) to rule on points of order; d) to call for and announce the results of votes; e) to determine the draft agenda for each meeting; g) to sign a report of the proceedings of each meeting of the Advisory Committee, for transmission to Members; and 9

125 h) generally, to make such decisions and give such directions to Members as will ensure, especially in the interval between meetings, that the business of the Advisory Committee is carried out efficiently and in accordance with its obligations. 3) The Chairperson may delegate any of the duties in paragraph 2) to the Vice- Chairperson. 4) The Vice-Chairperson shall a) carry out any duties delegated to him under paragraph 3); and b) perform the functions of the Chairperson at any meeting at which the Chairperson is unavailable. 5) The Chairperson or the Vice-Chairperson may at any time resign his office by giving notice in writing to the Minister, and as from the date of receipt of such notice, unless a later date is given in the notice, the Chairperson or Vice- Chairperson, as the case may be, shall cease to hold that office but shall continue to be a member of the Advisory Committee. Rule 4 Meetings 1) The Advisory Committee shall meet ordinarily at least once every quarter for the transaction of business. 2) Meetings of the Advisory Committee shall be at such times and at such places as the Advisory Committee shall determine. 3) The Chairperson may at any time call a special meeting and shall do so within seven days of his being requested to do so by not less than four members of the Advisory Committee. 4) Five members of the Advisory Committee shall constitute a quorum. 5) Except for decisions to amend these Statutes and Terms of Reference, decisions of the Advisory Committee shall be by a majority of votes. 6) Every Member of the Advisory Committee shall have one vote but in cases where the votes cast on a particular matter are equal, the Chairperson shall have the casting vote. Rule 5 Language 1) English shall be the official and working language of the Advisory Committee. 2) All official publications and communications of the Advisory Committee and its Sub-Committees shall be in English. 3) The Advisory Committee shall consider the need for and the practicality of providing translations into Spanish of official publications and communications and arrange for such translations in appropriate cases. 10

126 Rule 6 Records and Reports 1) A draft summary record of each meeting of the Advisory Committee shall, by the Chairperson or other person nominated by him, be drafted and distributed as soon as possible to Members. 2) Each Member shall submit to the Chairperson within 7 days of receiving the draft summary record any comments or corrections that he or she wishes to be taken into account, after which the Chairperson shall compile as soon as possible the final summary record. 3) The Chairperson shall cause the final summary record to be a) submitted to the Minister as soon as possible after it is compiled; and b) made available to relevant stakeholders through any reasonable means. 4) The Secretary shall prepare an annual report of the activities of the Advisory Committee. Rule 7 Subsidiary bodies 1) The Advisory Committee may establish such Sub-Committees as it considers necessary for the effective performance of its functions. 2) The Advisory Committee shall determine the scope, functions and rules of procedure of a Sub-Committee established under paragraph 1). Rule 8 Disclosure of interest 1) A member of the Advisory Committee or of any Sub-Committee who has a personal interest in a matter being considered or dealt with by the Advisory Committee or Sub-Committee shall disclose to the Chairperson in writing (or verbally and confirmed in writing) the nature of the interest and shall not take part in the deliberation or decision of the Advisory Committee or Sub-Committee with respect to that matter. 2) Without prejudice to any other action that is permitted by law, a person who contravenes paragraph 1) may be removed from his or her position in the Advisory Committee or Sub-Committee by the Minister. Rule 9 Management of the Reserve Fund Account 1) The responsibilities of the Advisory Committee with respect to the Reserve Fund Account are to a) hold on trust all funds and revenues of the Reserve; b) manage the affairs of the Reserve and disburse funds for purposes related to the running and implementation of conservation and management measures and actions in the Reserve; c) solicit and accept donations, subscriptions and benefactions for the maintenance of the Reserve; 11

127 d) borrow money, with the consent of the Minister of Finance, for any purpose connected with the administration of the Reserve; and e) invest moneys of the Reserve, but only after consultation with the Minister of Finance and upon the recommendation of a reputable financial institution. 2) The Reserve Fund Account may only be operated upon by cheque or other negotiable instrument signed by the Chairperson or other member of the Advisory Committee authorised to sign, and countersigned by any other member of the Advisory Committee authorised to countersign. 3) No moneys shall be paid out of the Reserve Fund Account except with the authority and in accordance with any general or special directions of the Advisory Committee. 4) All money forming part of the Reserve Fund Account shall, as soon as practicable after it is received by any member of the Advisory Committee, be paid into the Reserve Fund Account. Rule 10 Amendment of the Statutes and Terms of Reference 1) Without prejudice to any other powers of the Minister, these Statutes and Terms of Reference may be amended by a) the Minister, after consultation with the Fisheries Council; b) by the Advisory Committee i) upon the agreement of half of all Members in relation to amendments to Rule 2, or ii) upon the agreement of three-quarters of all Members in relation to any other amendment, and in both cases, subject to the consent of the Minister. 2) Paragraph 1)b) shall not apply to the amendment of Rules 8 or 9. 12

128 BELIZE: STATUTORY INSTRUMENT NO. of 2014 REGULATIONS made by the Minister responsible for Fisheries in exercise of the powers conferred upon him by [section 13 of the Fisheries Act, Chapter 210 of the Substantive Laws of Belize, Revised Edition ] [section [19(1)(a)] of the Fisheries Resources Act, etc.], and all other powers thereunto him enabling. (Gazetted ). PART 1 PRELIMINARY Citation 1. These Regulations may be cited as the FISHERIES (TURNEFFE ATOLL MARINE RESERVE) REGULATIONS General interpretation 2. (1) Unless the context otherwise requires, all terms used in these Regulations have the same meaning as (a) the definitions provided for the corresponding terms under the Principal Act; and (b) the definitions provided for the corresponding terms under the Order. (2) Unless the context otherwise requires, in these Regulations extractive fishing means fishing other than sport fishing; fishing licence means a licences granted under the [Fisheries (Licensing, Management and Control) Regulations 2014)]; marine reserve zone means a zone described in Parts 2 and 3 of the Schedule to the Order; Principal Act means the [Fisheries Resources Act]; Reserve Manager means an officer appointed by the Fisheries Administrator for the purpose of managing the Reserve; and the Order means the Fisheries (Turneffe Atoll Marine Reserve) Order 2014.

129 PART 2 DESIGNATION OF ZONES Designation of zones 3. (1) The following marine reserve zones are General Use Zones (a) Zone VIII (General Use Zone); (b) [special management areas are these otherwise general use?]. (2) The following marine reserve zones are Conservation Zones (a) Zone I (Maugre Caye Conservation Zone); (b) Zone IIA (Dog Flea Conservation Zone); (c) Zone V (Blackbird Caye Conservation Zone); (d) Zone V (Long Bogue Conservation Zone); and (e) Zone VI (Caye Bokel Conservation Area); (3) Zone VII (Preservation Zone) is a Preservation Zone ; and (4) The following marine reserve zones are Special Management Areas (a) Zone IIB (Cockroach-Grassy Caye Special Management Area); and (b) Zone III (Vincent s Lagoon Special Management Area). Demarcation of zones 4. The marine reserve zones shall be clearly demarcated by buoys or some other form of demarcation as determined by the Fisheries Administrator. Requirement for a licence PART 3 FISHING IN THE MARINE RESERVE 5. (1) No person shall carry out any fishing activity or any related activity in the Reserve unless he has a valid (a) commercial fishing licence; (b) sport fishing licence; (c) non-commercial fishing licence, issued under these Regulations; or (d) research permit; and has obtained the appropriate access ticket under regulation 10. (2) A boat operator shall, before operating in the reserve, obtain any other licence or permit for the activities it is intended to undertake and that require a licence or permit. Rules applicable to marine reserve zones 6. (1) The use of beach traps or fish traps is prohibited in all zones except the General Use Zone. 2

130 (2) The use of beach traps or fish traps is prohibited in the General Use Zone except under the written authority of the Fisheries Administrator. (3) No person shall engage in extractive fishing within a Conservation Zone. (4) No person shall engage in extractive fishing, sport fishing, snorkelling or diving in a Preservation Zone. (5) No person shall use a motorized boat within a Preservation Zone except in cases of emergency or with the prior written permission from the Fisheries Administrator. (6) No person shall engage in extractive fishing for conch in Zone IIB (Cockroach- Grassy Caye Special Management Area). (7) Only traditional users shall engage in extractive fishing in Zone III (Vincent s Lagoon Special Management Area). Prohibited fishing gear and methods 7. (1) No person shall, within the Reserve (a) engage or attempt to engage, or assist a person to engage or attempt to engage in, spearfishing of any kind; (b) use long lines, seine nets or gill nets unless authorised to do so under a research permit; (c) cast or drag an anchor in any manner which may damage coral or any other sensitive habitat; or (d) engage in water-skiing or jet-skiing, except in areas that may be designated by the Fisheries Administrator. (2) A person who, whilst within the Reserve, possesses any of the following equipment on board a vessel, or on his person, will be presumed to be engaging in or to be attempting to engage in, spearfishing (a) speargun; (b) polespear; (c) handspear; (d) hawaiian sling; (e) iki jime or kill spike; (f) spearfishing mask; or (g) any other elastic, pneumatically-powered, or mechanically-powered, speargun or sling. Fisheries reserve management plan 8. (1) The Fisheries Administrator shall prepare and keep under review a management plan to be prepared in respect of the Reserve. (2) The fisheries reserve management plan shall (a) identify and address trends in the biological, economic and social characteristics of the fisheries in the Reserve, including issues requiring special attention; 3

131 (b) where there is insufficient information and advice to set total allowable catches or other management measures, identify a plan for determining such information and take appropriate conservation and management measures, using the precautionary and ecosystem approaches and taking into account the advice of the Advisory Committee and the Fisheries Council; (c) identify the target and other fish stocks, fisheries management units and management objectives for each fishery; (d) address the proposed conservation, management and development measures to be applied to the fishery with due regard to the performance of historical measures; (e) determine the fishery or amount of the fishery resources to be made available to licence holders managed under a fishing rights system [or to which comanagement under section 14 of the Principal Act] may apply; (f) specify the research, information and other data required to be given or reported for the enhanced, effective management and development of the fisheries; (g) take into account any relevant traditional fishing rights, methods and principles; (h) describe the processes and indicators for management and measuring management performance; and (i) make provision in relation to any other matter necessary for sustainable use of fishery resources. (3) Any system of allocation of fishing rights in a fisheries reserve management plan shall protect the rights of traditional fishermen associated with the Reserve. (4) The Fisheries Administrator may make provision for further contents to be included in a fishery reserve management plan under this regulation. (5) In preparing a fishery management plan under this section, the Fisheries Administrator shall (a) submit the proposed management plan to the Advisory Committee for its review and recommendations; (b) submit the proposed management plan to the Fisheries Council for its review and recommendations; (c) publish the following by Notice in the Gazette, in one national newspaper with wide circulation in Belize and in one local newspaper or other local medium with wide circulation in the locality of the Reserve (i) the indication of public offices where copies of the proposed fisheries reserve management plan will be made available for consultation by the public; (ii) an invitation to the public, and particularly to the residents of the area concerned, to submit written or oral comments on the proposed fisheries management plan within a specified period of time, not less than two months but not more than four months; and (iii) the indication of dates and places where public meetings shall be held within the period of time specified under paragraph (ii) above to allow the public to submit comments. 4

132 (6) Unless otherwise determined by the Fisheries Administrator, each fishery reserve management plan shall be valid for a period of up to five years and may be reviewed or extended as deemed necessary by the Fisheries Administrator. (7) Each fishery reserve management plan and each review of a fishery reserve management plan shall be submitted to the Minister for approval. (8) Where a review of a fishery management plan recommends amendments to the plan, the Fisheries Administrator shall consult with the Fisheries Council and the Advisory Committee and shall require the approval of the Minister prior to implementation of the amended plan. (9) A fishery reserve management plan prepared under this section shall be submitted to the Minister for approval and the decision shall be given within thirty days of the submission. (10) Following approval, a fishery reserve management plan shall enter into force by Order of the Minister published in the Gazette. Catch reporting 9. A person who is engaged in extractive fishing, sport fishing or other recreational fishing activity shall render the catch data or any other information of fish caught within the reserve to an authorised officer or the Reserve Manager upon request. Access ticket PART 4 LICENCES AND ACCESS PERMISSIONS 10. (1) A visitor to the reserve shall, before carrying out any fishing activity or any related activity in the reserve, obtain an access ticket either from the reserve headquarters or in any other location designated by the Fisheries Administrator. (2) An access ticket granted under sub-regulation (1) shall be subject to such general or specific terms and conditions as may be specified by the Fisheries Administrator. (3) The Fisheries Administrator may (a) delegate the powers in sub-regulations (1) and (2) to the Advisory Committee; and (b) waive or vary the fee payable by an applicant intending to access the marine reserve for research purposes. Boat operation licence 11. (1) A boat operator who is desirous of engaging in boat operation services shall apply to the Fisheries Administrator for a boat operation licence in the form set out as Form 1 of the Schedule. (2) The Fisheries Administrator may, within fourteen days of the receipt of an application, grant a Turneffe Atoll Boat Operation Licence, in the form set out as Form 2 of the Schedule. 5

133 (3) A fee of $ shall be payable upon the grant of a Boat Operation Licence under sub-regulation (2). (4) A person operating a boat for non-commercial fishing or commercial fishing is exempt from the requirement of this regulation. Non-commercial fishing licence 12. (1) A person who is desirous of engaging in non-commercial shall apply to the Fisheries Administrator for a boat operation licence in the form set out as Form 3 of the Schedule. (2) The Fisheries Administrator may, within fourteen days of the receipt of an application, grant a non-commercial fishing licence, in the form set out as Form 4 of the Schedule. (3) A fee of $10.00 shall be payable upon the grant of a non-commercial fishing licence under sub-regulation (2). Non-transferability, validity, etc. of licences 13. (1) A licence issued under these regulations (a) shall not be transferable; and (b) is valid for a period not exceeding one year but shall expire on the 31 st December in each year and shall be subject to renewal. (2) The Fisheries Administrator may specify special conditions in relation to any licence granted under these Regulations having due regard to the nature of the licence and the need to protect the environment and natural resources. (3) The Fisheries Administrator may cancel any licence granted under these Regulations if the license holder breaches any conditions of the licence or contravenes any provision of these Regulations or any other Regulations made under the Fisheries Act. Fees 14. (1) The following fees shall apply for admission to the reserve [update fees?] (2) For the purpose of sub-regulation (1) (a) a Belizean tourist shall include a CARICOM national and national under Central American integration; (b) no fee shall be charged for a child under the age of twelve; (c) no fee shall be charged to a Belizean tourist who enters the reserve on a Sunday or on a public or bank holiday. 6

134 PART 5 GENERAL MEASURES IN MARINE RESERVES Rules for users 15. (1) A Dive Boat Operator shall fly the divers down flag when they have divers in the water. (2) Only a certified scuba diver or a diver undergoing a training course conducted by a certified instructor shall use scuba equipment in the reserve. (3) A Dive guide or tour guide is required to explain the rules of the reserve to every diver, snorkeler or other visitor. (4) An operator of a motorboat shall observe the low wake boat way when approaching a snorkeler or diver. (5) For the purpose of sub-regulation (1), divers down flag means a flag with a white diagonal stripe upon a red background. Duty to report accidents 16. A person involved in any accident involving personal injury or damage to property or damage to the environment within the Reserve shall report such accident to the [Fisheries Administrator,] Reserve Manager or his designee, as soon as possible, and in any case not later than twelve hours after the occurrence of the accident. Duty to report accidents 17. A person shall not, except as permitted under these Regulations or under the written authority of the Fisheries Administrator (a) remove from its place or disturb any species of flora or fauna, including rocks, dead corals, shells or sand; (b) have in his possession any flora or fauna, unless authorized to do so in accordance with these Regulations; (c) discharge or deposit any toxic material, garbage or litter in the reserve; (d) mark or tamper with any sign, buoy or notice which is installed within the reserve; or (e) engage in any other activity that may cause negative environmental impact on species, habitats or ecosystems. Offence 18. A person who contravenes these Regulations commits an offence and is liable on summary conviction to the penalty specified in [section xx of the Fisheries Resources Act]. 7

135 FORM 1 FORM 2 FORM 3 FORM 4 SCHEDULE 8

136 BELIZE: STATUTOR INSTRUMENT No. of REGULATIONS made by the Minister responsible for Fisheries in exercise of the powers conferred upon him by section of the Aquatic Living Resources Act, and all powers thereunto him enabling. PART 1 PRELIMINARY Short Title 1. These Regulations may be cited as the HIGH SEAS SANCTION REGULATIONS, 2013 Interpretation 2. In these Regulations, unless the context otherwise requires- Act means the Aquatic Living Resources Act; Fishing has the same meaning as in the Act; Fisheries Administrator means the person appointed as Head of Department of the Belize Fisheries Department; IUU means illegal, unreported and unregulated fishing and has the same meaning as in the Act; RFMO means Regional Fisheries Management Organizations; Application of Regulations 3. These Regulations shall apply to: (a) All vessels registered by IMMARBE; (b) All owners of vessels enrolled under the Belize flag, and all crew members sailing on board these vessels; (c) All inspectors authorized to perform safety inspections on behalf of IMMARBE; "!"

137 (d) All companies and recognized organizations (authorized) to act on behalf of IMMARBE and to any of their surveyors or representatives acting under such authorization; and (e) All those empowered to perform as Deputy Registrar or representatives of IMMARBE. Penalties 4. In the exercise of its functions, Fisheries Administrator may, by way of a detailed document of notification, impose the following penalties: (a) written warning; (b) fine; (c) cancellation of status and/or document; (d) suspension or revocation of authority. Written warning Fines 5. A written warning is applicable in cases of violation or non-compliance of any provisions of the Act or of any regulations made thereunder, or circular notes, or a violation of any of the requirements established by Conventions and/or Resolutions on Maritime Affairs, committed for the first time, provided the respective noncompliance or violation is not of a serious nature. 6. (1) A fine not exceeding fifty thousand dollars US ($50,000) shall be applicable in all cases where the violation or non-compliance is of a serious nature or, in the cases referred above, the non-compliance or violation has occurred repeatedly even though not of a serious nature. (2) A fine not exceeding fifty thousand dollars (US$50,000) shall also be applicable in the cases of vessels engaged in illicit traffic of drugs or other illegal activities without prejudice to any other criminal proceedings which may be pending in any other jurisdiction. (3) Vessels lacking navigation documents or holding expired navigation papers without a timely application for renewal, or employing officers and seaman lacking valid qualification certificates, may be fined up to five thousand United States dollars (US$5,000). Fisheries Administrator, for the purpose of applying such sanctions, may take into consideration the seriousness of the offence, as well as the existence of any extenuation circumstances. " #"

138 Cancellation of registration or document 7. The registration of a vessel in IMMARBE or the registration or recording of any document relating thereto; may be cancelled in any of the following cases: (a) if the vessel is registered in the Merchant Marine Registry of another country without the consent of IMMARBE; (b) in the event of expiration of the Patent of Navigation, for failure to timely renew it; (c) if the vessel is engaged in smuggling, piracy or any other illegal trade or activity; (d) if IMMARBE is in possession of an official document reporting the total loss of the vessel due to a casualty or confirmation that the vessel has been scrapped; (e) in the event of a violation of International Convention ratified by Belize, or Resolutions issued by competent bodies of the United Nations, if cancellation of registration is therein contemplated; (f) in the vent of repeated serious violations of any provisions of the Act ore any regulations made thereunder or circular notes regarding seaworthiness, safety, sanitation, crew accommodation requirements, labour requirements, or prevention of marine pollution; (g) if the vessel is in the service of a nation at war with Belize; or (h) in the event of serious violations of bilateral or multilateral agreements to which Belize is a signatory or cooperating party; or (i) in any other case established by law. Requesting for cancellation of registration 8. Pursuant to foregoing, cancellation of a vessel s registration or document relating thereto may be requested in writing by any person acting under his responsibility or that of his principals, by accompanying his request with evidence of the causes for such cancellation. IMMARBE shall investigate such request and if it proves with the necessary steps for the cancellation of the registration or the relevant documents; " $"

139 Seafarer s documents Suspension or revocation of Authority Notification 9. Documents issued to seafarers by IMMARBE based on false or altered certificates or documents presented as evidence of qualification, shall be considered revoked and the vessel s owner together with the seafarer may be subject to the same penalties as provided in Regulations where applicable. 10. In addition to the penalties prescribed in Regulation above, the authorization granted to inspectors for the performance or annual safety inspections may be suspended or revoked in case of repeated violations, of the rules and procedures set up by IMMARBE for the conduct of such inspections. 11. (1) In cases where procedures to apply many of the penalties provided herein are completed, IMMARBE shall immediately issue the document of notification to the party concerned within thirty (30) days of such decision, who shall have thirty (30 working days from the date of such notification to file a petition for a hearing or motion or review before IMMARBE. In the case of penalties imposed on vessels, the Notification shall be sent either to the registered agent, the shipowner, or the master of the vessel. (2) Motion of the review against any penalty or sanction imposed under these Regulations may be filed for the decision of IMMARBE either by the complainant or by the affected party who may file such motion either directly or through its duly authorized representative. (3) Before the motion referred to in subregulation (2) above is entertained, the affected party shall pay in advance to IMMARBE fifty percent (50%) of the fine imposed, and after this requirement has been satisfied, IMMARBE shall suspend the execution of the remaining penalty or sanction until the review is decided in favour of the affected party, the fine already paid, or such part of it as may be decided on review, will be refunded to the applicant. Offences 12. (1) Any operator of a vessel who- (a) fishes without a valid licence, authorization or licence issued under the Aquatic Resources Act; (b) fails to maintain accurate records of catch and catch related data; (c) misreports catch contrary to catch reporting requirements; (d) fishes in a closed area; " %"

140 (e) fishes in a closed season; (f) directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited or in contravention of a fisheries management plan; (g) uses prohibited or non compliant fishing gears and methods; (h) contravenes provisions governing storage of fishing gears; (i) falsifying or concealing the markings, identity or registration of a fishing vessel; (j) falsifying or concealing the markings, identify of registration of a fishing vessel; (k) concealing, tampering with or disposing of evidence relating to an investigation; (l) carries out fishing activities in an area covered by an FROM without complying with conservation and management measures of that RFMO; (m) participates with vessels included in an IUU list, or is listed on the IUU list of any RFMO or internal fishing bodies; (n) engages in unauthorized transshipment; (o) incomplete catch reports or failure to submit timely reports; (p) failure to install an MTU or tampering with MTU. shall commit an offence (2) any person who commits an offence under subsection (1) shall be liable to a fine of $50,000. (3) A court that convicts any person under subsection (1) may in addition to any fine that may be imposed shall be liable to revocation of any licence, authorization or permit issued under the Act or Regulations, as well as withdrawal of fishing rights and confiscation of catch, gear or detention of the vessel. " &"

141 (4) In determining any penalty under this section, the court may impose an additional fine based on the earnings acquired from any illegal activity and any commercial value of non-compliance. 13. Where any operator of a vessel- (a) takes on board, lands, transships undersized fish; (b) interrupts the transmission of signals or failure to report manual positions during interrupted signal; (c) failure to install a functional MTU while at port; (d) provided false or misleading information or modifies without lawful excuse, information to be provided in respect of a verification, certification or documentation scheme or fishing licence or authorization. (e) fails to mark its vessels and gear in compliance with the Act or regulations made thereunder; (f) provides false information when applying for a fishing authorization or renewal; (g) contravenes duties in respect of authorized officers or observers; (h) using Belize flagged vessels in contravention of conditions and restrictions contained in its fishing authorization or licence; (i) failure to have copies of the fishing licence and log books on board the vessel; shall commit an offence (2) Any person who commits an offence under subsection (1) in respect of a first offence shall be liable to a fine not exceeding $5,000 and for a second or subsequent shall be liable to a fine not exceeding $15,000. " '"

142 Report on Community Consultations on Draft Fisheries Regulations 28th August, 2013 to 7th September, 2013!!!! "#$%&'()!&*+!,'-*+.'+-!/+)01%&'2(-!'(!3+1'4+! "#$$%&'()!*+!',(!-./!012,!33!/&%4&566(!7!!0#8)()!*+!',(!9#&%$(58!

143 Consultation Meetings Consultation Meetings were held in San Pedro Town, Caye Caulker Village, Belize City, Hopkins Village, Placencia Village, Independence Village/Mango Creek and Punta Gorda Town. Approximately 300 persons attended the workshops, which were facilitated by Mr. Chris Headly and Dr. Winston McCalla. In addition, a number of Fisheries Department staff attended the meeting including Mr. Mauro Gongora, Mr. Ramon Carcamo, Mr. Lyndon Rodney, Ms. Isabel Martinez, Ms Nidia Chacon, and Ms. Denise Garcia. Mr. Julio Maaz of WCS also attended the consultations. The consultations were attended by a wide cross section of persons including fisher folk, NGO's, sport fishermen, persons involved in tourism, members of the village council board, representatives from Fishermen cooperatives. At each meeting the consultants presented basic background to the project. Through power point presentations the key issues and proposals relating to the draft regulations were presented to the stakeholders. The relationship between the draft Act and the draft Regulations were explained in Sarteneja and Punta Gorda. The proceedings were presented in English and translated in Spanish. At the locations the presentation and participation were in English. Broadly speaking four categories of draft regulations were presented: Fisheries Conservation and Management Regulations Licensing and control regulations High Seas Sanction Regulations Marine Reserve Regulations The consultations were conducted in Sarteneja Village (28th August), San Pedro Town (29th August), Caye Caulker Village (30th August), Belize City (3rd September), Hopkins Village (4th September), Placencia Village (5th September), Independence Village /Mango Creek (6th September) and Punta Gorda Town (7th September). August 28, Sarteneja Fishers present at the Sarteneja meeting recommended that Belize Fisheries Department should provide additional training of fisheries officers in enforcement of regulation, search, boarding vessels, etc. They also recommended that fishermen licenses should be renewable on birthdays and licenses should be valid for periods of up to 5 years. The license system and the procedures for the issuing of a license to fishers need to be improved (no need to fill an application form over and over again). Fishers complained that too many non- Belizeans (naturalized Belizeans) fishers were getting fishing licenses and so they recommended clear procedures for breach of the licensing system. Some fishers complained there is inequality on the issuing of licenses, particularly for sea cucumber.!

144 The fishers agreed there is need for o a limited entry system for conch and lobster fisheries but also cautioned that there would have to be a clear procedure for the limit of fishermen. The fishers stated that the limited entry process would have to be transparent and there should be clear criteria for the issue of limited entry licenses. Some fishers stated that limited access may be difficult to administer because of the economic situation in Belize. The fishers stated that license fees may be too high if several licenses are required for each fishery. In relation to the lobster fishery, the fishers stated that lobster traps should be allowed to be deployed in the sea 15 days before the season opens. There were several issues raised in reference to marine reserve management such as illegal fishing in the marine reserves at night. Fishers suggested that only fishing cooperatives should be allowed to export lobster and conch. Fishes recommended that government should provide a subsidy to fishermen to reduce cost of fuel. The issue of inconsistencies in the lobster carapace length and the tail weight was also raised and fishers stated that this should be clarified by the Fisheries Department. Fishers also stated that night searches by Fisheries enforcement personnel should have a standard protocol that needs to be followed and there is need for a standard operating procedures for all enforcement officers. It was clear that fishers are agreement that persons who have breached their licenses should have their licenses revoked. In general, fishers recommended that there is a need for greater enforcement of the regulations by Fisheries Department since there is significant amount of illegal fishing in the marine reserves at the night. They also recommended that c catch limits should be established for the major fisheries. August 29, San Pedro Town The fishers of San Pedro Town stated there is need for regulations such as minimum size limits for different fin fish. They states that Fisheries enforcement is lacking in the fisheries sector. In relation to the designation of landing sites the fishers queried who will manage the landing sites and questioned whether the Fisheries Department has the staff to do this. The fishers recommended there is need to carefully examine the need for multiple licenses. They were concerned about the illegal conch fishing in the shallow coastal area of Ambergris Caye and recommended that Fisheries Department increased its enforcement activities in this area. They also recommended that a regulation to prohibit the sale of sprat (bait) fish is introduced as soon as possible to prevent the overfishing of this species. August 30, Caye Caulker Village The Caye Caulker fishers supported the proposed limited entry system for lobster and conch but recommended that clear criteria are established for the issuing of such licenses. The fishers complained about the problems with the existing licensing system saying that the process was too complex and complained that licenses were being given to underage fishermen. They also!

145 recommended that the validity of the fishermen license periods should be for 3 to 5 years. Finally they supported the proposal and need to establish a fund for fisheries management. September 3, Belize City The Belize City fishers expressed that lobster traps vary in size between the northern and southern fishing areas of Belize and this is in response to the different lobster sizes found in these areas. This comment was made in relation to the proposal for a fisheries regulation to establish an escape gap of 2 and 1/8 inches, which they said would allow for all lobsters to escape from lobster traps deployed in northern Belize. The fishers expressed that the fishing cooperatives should have the exclusive right to export lobster and conch. The presenters pointed out that Belize has an obligation under the OSPESCA regional (OSP ) to harvest lobster of 4.5 ounces in tail weight and larger. In relation to the limited entry system for lobster and conch, the fishers supported the proposal but recommended that there should be clear criteria for a limited entry system. They also stated there should be a cap on the number of fishermen in these two fisheries. The fishers expressed there is a need for regulations to regulate the harvesting of finfish such as minimum size limit for the various species of commercial importance. The fishers highlighted that fisheries enforcement is a major issue because there are not enough patrols. Many fishermen from Honduras and Guatemala come to fish illegally in Belize. Some fishers recommended that a marine reserve should be set up near Belize City. The fishers were informed that the Turneffe Atoll Marine Reserve, which is just a few miles east of Belize City, has already been established. The fishers also expressed there is a need to nationalize the rules relating to marine reserves. In relation to proposal to designate landing sites the fishers expressed that this issue needs to be carefully considered. The presenters said that one rationale for the landing sites would be the need for fisheries data collection and a ticketing. On the issue of the ticketing system, which would basically show that fishers have submitted their catch data to the Fisheries Department the fishers stated that such a ticketing system would pose practical difficulties for them. They cited an example where a fisherman would arrive in port early in morning when no fisheries staff would be available then the question asked was whom he would then report his catch data. The presenters informed the fishers that details of how the system would work would still need to be developed. Fishers felt that multiple licenses (limited entry fisheries, managed access, etc.) would result in greater fees and this would place an economic burden on them. September 4, Hopkins Village The fishers of Hopkins were concerned that the regional OSPESCA lobster regulations now require that harvested lobsters should have a minimum of 4.5 ounces. They pointed out that Belize s legislation currently allows for harvesting of 4-ounce lobster tails. In terms of the proposal for a limited entry system for lobster and conch some participants were concerned about having a situation where some fishermen would be selected for a special license to catch lobster and conch and others would not qualify. Some said it would be undemocratic to have special licenses.!

146 In relation to enforcement the fishers said that this is a major issue and there is no point having new regulations if the issue of effective enforcement is not properly addressed. The fishers recommended that in the new regulations there is a provision for the definition of traditional fisherman. They recommended that the rights of traditional fishermen should be protected and aliens should not get fishermen licenses. Some fishers expressed a concern that marine reserves are losing off fishing opportunities due to illegal fishing by foreigners. The fishers recommended there is need for government to assist them through duty free fuel and incentives for fishermen to continue developing the industry and the need for alternative livelihood projects was highlighted. The proposal for designated landing sites was supported in part but the fishermen expressed there would be the need for capacity building and training to deal with this proposal. Fishers were concerned that a penalty that would be imposed on them if the catch data is not submitted. The managed access program was criticized by the fishers saying that over 65% - 70% of licenses issued are to persons outside the Hopkins area. The fishers recommended greater communication between the Fisheries Department and them. They recommended that fishing licenses should be given for longer periods such as 3 to 5 years. In relation to the Limited Entry system the fishers recommended traditional fishermen and their families need to be taken into account. September 5, 2013.Placencia The Placencia fishermen expressed that there is a need to protect traditional fishermen and they should not have to compete with foreigners for licenses. They stated that foreigners (i.e. nontraditional) are using improper fishing techniques and using improper gears. They also recommended traditional fishermen and their families need to be taken into account in the issuing of licenses. They stressed the point there is a need for a clear definition of traditional fishermen. Some fishers expressed that there are problems with some of the managed access areas. Fore example, a fisherman stated that for the Gladden Spit spawning aggregation sites licenses were issued to fishers that do not qualify for such license. The fishers said that some of the factors to be taken into consideration to determine who are traditional fishermen should include fishing history done over several generations, identification of traditional fishermen by their peers and recommendation by existing communities who should declare who is a traditional fisherman in that community. The fishers stated that enforcement of fisheries laws is a major problem and illegal poaching is being done by foreigners. They recommended the need for coherent policies to deal with illegal fishers and expressed that fish landing sites would present practical difficulties e.g. many nationalized Belizeans and foreigners are landing their catch in Guatemala. In order to slow down illegal fishing the fishers recommended that gill net fishing should be banned. They were concerned that licenses are not only easy to get but persons who commit infractions year after year continue to get fishing licenses.!

147 September 6, Independence Village/ Mango Creek (Stann Creek District) Fishers supported the proposal for a limited entry system for lobster and conch. They expressed that if there are multiple licenses that the process should be simple. For example, they said there is need for one application form or document setting out the different licenses and recommended that the fees should be reasonable. The fishers recommended the need to protect traditional fishermen who should have priority to fish in zones where they live and traditionally fish. They expressed that Fisheries Department should consider the use of fishing zones. The Monkey River Village fishermen expressed that they are not treated equally as other fishing stakeholder communities and empathized the need to ensure that traditional fishermen can fish in their own area. They also recommended that local communities should make recommendations as to who is a traditional fisherman in their community. In relation to the proposal for landing sites, the fishers felt there will be some practical difficulties but it could be beneficial if it resulted in excluding non-belizeans. They also expressed that a ticket system may cause difficulties because of the different places where fish is landed and sold. September 7, Punta Gorda Town (Toledo District) The Punta Gorda fishers expressed that if a cap is placed on the licenses for lobster and conch (under a limited entry system proposal) then this could affect their children. They recommended that traditional rights of Belizean fishermen should be preserved and the allocation of licenses should be done by way of specific criteria since there is the possibility that a limited entry system can deprive the constitutional right of fishermen and the right to life since this is a constitutional right and putting a cap on the number of fishers could have this effect. The fishers recommended that any fisheries regulation must take into consideration the livelihood of born Belizeans and traditional fishermen should be recognized. They questioned what would happen to their sons and daughters if a cap is placed on licenses for lobster and conch since they live by the seaside. The fishers recommended possible various categories for the issuing of limited entry licenses saying that traditional fishermen must get their licenses first, followed by children of traditional fishermen, etc. They agreed there are benefits to limit the number of fishermen but there is a concern as to how children of traditional fishermen would be accommodated. The fishers questioned what happens if a fisher has 3 children and all of them want to become fishers. They wanted to know if the preference would apply only to the first child.!

148 The fishers expressed that based on the Constitution and the right to life if whether the limited entry system will be legal. They also expressed the need for training for fishermen and recommended that fishers are consulted again to review the final draft regulations. Fishers expressed their concern that illegal fishing takes place during the closed season and a lot of the catches are taken to Honduras and Guatemala. Summary of key issues Licensing: Need to improve the licensing system including the period for which licenses are issued. Illegal fishing: Illegal fishing is a major problem in many areas and there is constant encroachment by fishermen from Guatemala and Honduras. Enforcement: Enforcement is a major issue and more patrols are needed; lack of enforcement will undermine the new regulations. Limited entry: This needs very careful review. The traditional rights of fishers need to be preserved. The process for granting limited entry must be transparent. Managed Access: The rights of traditional fishermen need to be preserved. Persons should be nominated by a Committee based on clear criteria. Fishing zones should be considered.!

149 Report National Stakeholders Workshop on Updating the Fisheries Regulations of Belize Belize City 12 th September 2013! "#$%&'()!&*+!,'-*+.'+-!/+)01%&'2(-!'(!3+1'4+! "#$$%&'()!*+!',(!-./!012,!33!/&%4&566(!7!!0#8)()!*+!',(!9#&%$(58!

150 1. Mr. Carcamo, Fisheries Officer, Fisheries Department, acted as the Facilitator. He welcomed participants to the workshop and then invited Ms. Beverly Wade, Fisheries Administrator, to address the group. Ms. Wade warmly welcomed the participants and indicated that a new Fisheries Act and new Fisheries legislation were very high on the list of the Department s priorities and she also introduced the two consultants, Mr. Chris Hedley (Team Leader) and Dr. Winston McCalla. She pointed out that the workshop and overall process to review the regulations was being supported by the ACP Fish II project, funded by the European Union, and that the firm of Poseidon (UK) had been engaged as the consulting firm. 2. Mr. Hedley gave an overview of the project and pointed out that extensive consultations had already taken place over a 2-week period in a wide range of communities (Sarteneja, San Pedro, Cay Caulker, Belize City, Placencia, Dangriga/Hopkins, Placencia, Independence/Mango Creek and Punta Gorda). 3. It was stated that the core purposes of the revisions were threefold: updating regulations in the light of a new Fisheries Resources Act, updating regulations to respond to current issues in the fisheries sector, and seeking to simplify, consolidate and clarify existing regulations. 4. It was pointed out that a number of key issues had been assessed by the consultants, while further issues had emerged from the community consultations. Among the points to highlight were: the current regulations date back to 1977, and while the regulations have been amended or supplemented on a number of occasions, this has not been done consistently; some new issues have emerged in the fisheries sector, and/or new policy and management tools are proposed, which are not covered by existing regulations; new commitments have arisen in international agreements that are not reflected in the existing regulations; some of the current regulations are considered by stakeholders as not workable. Mr. Hedley also gave an overview of the workshop objectives of the workshop which would entail- review process and also outline approaches to revising the Regulations; provide a feedback on the community consultations; review of the draft Regulations;!

151 examine models for marine reserve regulations as well as standardization and improvement; review of the policy and regulatory options for licensing, management and control. Dr. Winston McCalla then gave an overview of the community consultations, locations where they were held, range of persons who attended the workshop and the general issues that emerged from the workshop. Mr. Hedley then commenced a review of the key issues for consideration at the workshop, which were discussed fully with workshop participants. Conservation Regulations The main fisheries conservation proposals were (1) limited entry system for certain fisheries (e.g. conch and lobster fisheries) (2) the designation of landing sites and (3) licenses. Fishers generally accepted there is need for the Fisheries Department to introduce regulations to limit the number of fishers in the lobster and conch fisheries. They recognize that even though currently (as opposed to 20 years ago) more fishers engage in lobster fishing the production volume has remained relatively stable and therefore they get less money to take home. There only concern was how the limited entry system would work since they felt there is a great need to protect traditional fishers and also they wanted a guarantee that their sons will be able to obtain a license for these fisheries in the future. Once these issues are sorted out in the regulations then the limited entry system would be acceptable to them. Even though the designation of landing sites was generally accepted this was an issue that was very much discussed at the meeting since the fishers pointed out that in the implementation of such a system the Fisheries Department would encounter difficulties because there is not enough fisheries personnel to could be deployed to all landing sites and fishers would then have difficulty in submitting their catch data as would be required under the law. The fishers questioned whether they would be violating the fisheries law if they did not submit their catch data. Fishers recommended that fishers participating in the limited entry system should be first required to land their catch at designated landing sites. The issue of the licensing system was discussed and fishers recommended that the Fisheries Department should improve the administrative procedures for the issuing of licenses and that license should be issued for more than one year as is currently done. Some suggested that fishermen licenses should be given for up to three years. Some fishers asked about regulations for finfish fishery and stated there is a need to introduce legislation to establish minimum size limits for the commercially important species such as snappers, groupers, etc. Some stated that fishers in southern Belize are harvesting large numbers of juvenile fish and this cannot continue. The Fisheries!

152 Department representative stated that a draft finfish regulation has been prepared and this will be integrated into the revised fisheries regulations. Another issue of importance that was discussed by the fishers was the minimum lobster tail weight for export. The Fisheries Department representative stated that a few years ago a meeting was held in Miami with the major lobster producing countries and lobster importers of the United States (US). All countries present at the meeting, except Belize, agreed with the United States government fisheries representatives that a 5 ounce lobster tail with a size range of 4.5 to 5.5 ounces would be the minimum size limit (lobster tail) that would be accepted for import to the US. Later on this same size limit was adopted by OSPESCA (Central American Regional Fisheries and Aquaculture Organization) and passed as a regional lobster regulation in Belize being a member of OSPESCA is required to adopt such regional lobster regulation in its national fisheries law. This however, has not been done and therefore a representative of a fishermen cooperative (National Producers Fishermen Cooperative Society Limited) of Belize stated that they have exported 4.2 ounces lobster tails to the US without any trouble. The Belize Fisheries representative further stated Belize had agreed at the Miami meeting that it would gradually increase its minimum lobster tail size for export to the US from 4 to 4.5 over a 3-year period ( ) and the fishermen cooperatives were aware of this commitment because they were all informed at the time. This was disputed by a representative of a fishermen cooperative (mentioned earlier) but there was no sense of general disagreement that the minimum lobster tail size limit should be established at 4.5 ounces. Marine Reserves Regulation / Order The discussions on the marine reserves were rich and fishers stated that the management of the current marine reserves needed much improvement. Some fishers complained that marine reserve rangers were allowing (illegally) certain fishers to fish in the marine reserves and this situation needed to be addressed by the Fisheries Administration. The fishers recommended enhanced enforcement due to the fact that no enforcement is done at night and fishers are taking advantage of this situation and fish in the conservations zones within marine reserves. Some regulation to restrict fishing in the marine reserves at night is evidently needed. Fishers expressed there is need for more fisheries education to let the fishing community know the boundaries of the marine reserves and what can and cannot be done in the various zones within a marine reserves. Fishers expressed that the expansion of marine reserves would result in less fishing grounds for them and therefore recommended better management of the current one rather than expansion. The fishers supported the Managed Access program being implemented in the Glovers reef and Port Honduras Marine Reserves and expressed that if this program will reduce the illegal fishing, fish stocks will improve and enforcement will increases then it was a good idea to extend the program to all marine reserves. Licensing, Management and Control Regulations!

153 Fishers recommended major improvements in the licensing system. They complained that fishers are asked to submit their personal information every year. They recommended Fisheries Department to prepare a database for fishers to avoid having the fishers submit the same data every year. This would help to significantly reduce the processing time for the issuing of the licenses (fishermen and fishing vessels). The fishers recommended that the new regulations should clearly have definitions for commercial fishers, recreational fishing, sport fishing and subsistence fishing. Fishers felt that sport and recreation fishing sometime conducting commercial fishing and this should not occur because these are already making money from tourists. Fishers recommended that commercial fishing licenses should only be give to fishers that conduct 100% fishing activity for their livelihood. Illegal fishing was cited as a major concern to the sustainability of the fishery resources and the fishers recommended greater fisheries enforcement activities. Some fishers expressed that Belizean fishermen that reside in Guatemala and Honduras should not be given fishermen and fishing vessel licenses because these fishers contribute to illegal fishing, particularly, in southern Belize. Representatives of the fishermen cooperatives recommended that the fishermen cooperatives should be given exclusive rights (in the regulations) to export fishery products from Belize.!

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155 Information Note On National Workshop on Consultations on Fisheries Regulations in Belize The Fisheries Department, with the assistance of international experts funded by the European Union under the ACP Fish II Programme (acpfish2-eu.org), is reviewing and updating the Fisheries Regulations in Belize. The programme builds on an earlier initiative of the Department to review and update the Fisheries Act, which is expected to be finalized in the forthcoming months. The overall purpose of the current programme is to: update the regulations in light of forthcoming Fisheries Resources Act update the regulations to respond to current issues in the fisheries sector, and simplify, consolidate and clarify the existing regulations. Why do the Fisheries Regulations need updating? The current Fisheries Regulations date back to 1977 with a large number of new regulations developed between then and now. These regulations have never had a complete review to ensure coherence, consistency and they now require a complete review which will result in certain changes, improvements and simplification. The review is also needed because of the draft Fisheries Resources Bill, which will result in major changes to the legal framework for fisheries in Belize. At the same time, the Fisheries Department is taking the opportunity to review, with stakeholders, the needs of the sector and the Department, and to make recommendations on other changes that could be implement to best serve the needs of the industry. The result of current project will be a new set of draft regulations, based on international best practice, dealing with some aspects of the legislation, along with recommendations for the future development of regulations once the new Act comes into force. What has been done so far? The Fisheries Department has been consulting on some aspects of the regulations for some time. With the experts from the ACP Fish II programme, the Fisheries Department has also recently concluded a round of stakeholder consultations. Over a 2 week period, commencing on 28 th August, comprehensive consultations were held in various parts of Belize with approximately 300 stakeholders participating, including fisherfolk, NGOs, community members, fisher cooperatives and others. The consultations took place in Sarteneja, San Pedro, Caye Caulker, Belize City, Dangriga/Hopkins, Placencia and Punta Gorda. National Stakeholder Workshop A National Stakeholder Workshop has also been organized (12 September, Belize City). The purposes of the national workshop are: to review draft regulations concerning conservation measures; review proposed approaches to regulating licensing, marine reserves and high seas fishing; and to review the key issues that emerged from the consultations. With the workshop participants, the Fisheries Department and the experts will examine the changes necessary for the effective implementations of the regulations. Comments and recommendations from the National Workshop will be carefully reviewed in considering the changes that might be required to provide a comprehensive new range of regulations for fisheries. Future steps Once the work has been completed for the National Stakeholder Workshop, and the review of its results, the Fisheries Department intends to consult further on the proposed new regulations, and will make draft regulations available to stakeholders. With the assistance of the United Nations Food and Agriculture Organization, a further review of the proposed regulations will be carried out and a national validation workshop with key stakeholders will be organized later in the year.!!

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166 !"#$%&'%()%*#"+!,# + Updating the Fisheries Regulations in Belize Overview - rationale 4 + Updating the Fisheries Regulations in Belize Overview - tasks 5!! Fisheries Department s Objectives!! Update regulations in light of forthcoming Fisheries Resources Act!! Update regulations to respond to current issues in the fisheries sector!! Simplify, consolidate and clarify existing regulations!! Some key issues!! Current regulations date back to 1977!! Amended or supplemented on various occasions, but not consistently!! Inconsistencies and conflicts have emerged!! Some new issues have emerged for the sector, that are not reflected!! New commitments have arisen in international agreements, that are not reflected!! Some regulations ineffective or considered by stakeholders not to work!! Consolidate & clarify existing Regulations!! Update Regulations to be consistent with the new Act!! Make some policy changes / updates!! Draft new regulation for high seas sanctions ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize + Updating the Fisheries Regulations in Belize Overview - approach 6 + Updating the Fisheries Regulations in Belize Overview approach 7!! Proposed structure!! Conservation!! Licensing, Management and Control!! Marine Reserves!! High Seas Sanctions!! Approaches and recommendations tailored to actual situation!! Different needs for different parts of the Regulations!! Impact of Act varies!! Critical role of stakeholder consultations Needs assessment Policy development, consultations Drafting, review, consultations Adoption Licensing regulations some ongoing discussions, issues raised by stakeholders Marine reserves regulations managed access programme consultations; some new issues, e.g. improved governance, definition of access rights, standardization Conservation Regulations finfish regulations, lobster traps, fish sizes, etc. Adoption timetable largely tied to the Act, but not necessarily all aspects ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize -./01.2#$'.3%4025%*#60*3740&#8#9&5./1:# '4%#;<74%*<%7#=%:>2./017#<1#?%2<@%#8#?%2<@%# A<'BC#!"#$%&'%()%*#"+!,# "#

167 !"#$%&'%()%*#"+!,# + Updating the Fisheries Regulations in Belize Overview Workshop objectives 8 + 9!! Review process, outline approaches!! Provide feedback on Community Consultations!! Review draft Fisheries (Conservation) Regulations!! Review models for marine reserve regulations standardization and improvement!! Review policy and regulatory options for licensing, management and control Community Consultations Summary of Consultations Key Issues ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize + Updating the Fisheries Regulations in Belize Consultations Overview 10 + Updating the Fisheries Regulations in Belize Consultations Overview 11 "! Consultations were held over a 2 week period "! Consultations were held in: "! Sarteneja "! San Pedro "! Caye Caulker "! Belize City "! Hopkins (Dangriga) "! Placencia "! Independence City (Mango Creek, Monkey River) "! Punta Gorda "! Wide cross-sections of approximately 300 persons attended the consultations including: "! Fisherfolk "! NGOs "! Community persons "! Fishermen cooperatives "! Members of the Fisheries Department "! Marine Reserves ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize -./01.2#$'.3%4025%*#60*3740&#8#9&5./1:# '4%#;<74%*<%7#=%:>2./017#<1#?%2<@%#8#?%2<@%# A<'BC#!"#$%&'%()%*#"+!,#,#

168 !"#$%&'%()%*#"+!,# + Updating the Fisheries Regulations in Belize Consultations Limited entry 12 + Updating the Fisheries Regulations in Belize Consultations Landing sites 13 "! Some stakeholders were supportive of limited entry. "! Some stakeholders had concerns about aspects of limited entry. "! A small minority of stakeholders were wholly against limited entry. "! A major concern was that limited entry would impact the rights of traditional fishermen and also impact on their ability of their children to have access to limited entry fishing. "! While the concept of landing sites was generally agreed, many stakeholders pointed out the difficulties of implementation. "! Concern was also raised about the ticketing systems and other options eg. the catch record etc. were suggested. "! One possibility would be to start the requirement for landing sites to persons with limited entry licences. "! There was a strong recommendation that traditional fishing rights should be defined and included in Regulations. ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize + Updating the Fisheries Regulations in Belize Consultations Licensing 14 + Updating the Fisheries Regulations in Belize Consultations Marine reserves 15 "! Many concerns were raised about licensing; "! There were suggestions for the need to reduce the administrative burden of the current licensing system; "! The need for longer licences were also raised "! Improving the system by computerization was also suggested; "! Issues were raised as to access to marine reserves particularly for traditional fishermen; "! There was a lack of knowledge as to the various zones within a marine reserve; "! Concern was raised that the extension of marine reserves was reducing the available fishing areas "! The issue of the cost if there were to be multiple licences were also raised. "! It was agreed that the system would be used to control persons fishing in Belizean waters who are landing their catch in Guatemala or Honduras. ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize -./01.2#$'.3%4025%*#60*3740&#8#9&5./1:# '4%#;<74%*<%7#=%:>2./017#<1#?%2<@%#8#?%2<@%# A<'BC#!"#$%&'%()%*#"+!,# D#

169 !"#$%&'%()%*#"+!,# + Updating the Fisheries Regulations in Belize Consultations Key issues "! A wide range of matters were discussed. Some of the key issues were: "! Limited entry "! Designated landing sites "! Licensing "! Managed Access Conservation Regulations Key issues Review of draft Regulations ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize + Updating the Fisheries Regulations in Belize Conservation background 18 + Updating the Fisheries Regulations in Belize Conservation key issues 19 "! Regulations date from 1977, but updated several times "! Most technical regulations remain unchanged "! Various inconsistencies have emerged unclear drafting complex organization "! Some amendments to existing regulations "! E.g. lobster, hicatee "! Need for consistency with the new Act "! Some matters in the regulations will be covered by the Act "! Some new regulations "! Minimum sizes for finfish "! Updates to address new issues / needs for the sector ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize -./01.2#$'.3%4025%*#60*3740&#8#9&5./1:# '4%#;<74%*<%7#=%:>2./017#<1#?%2<@%#8#?%2<@%# A<'BC#!"#$%&'%()%*#"+!,# E#

170 !"#$%&'%()%*#"+!,# + Updating the Fisheries Regulations in Belize Conservation Act Fisheries Resources Act Current Regulations All species of soft coral Coral All species of hard or stony coral! But licence for black coral Whale Shark Whale shark Nurse shark Nurse shark Sawfish Sawfish Parrot fish, all species Surgeon fish, all species Green turtle Green turtle Hawksbill turtle Hawksbill turtle Loggerhead turtle Loggerhead turtle Leatherback turtle Leatherback turtle Kemp Ridleys turtle Olive Ridleys turtle Review of Draft Regulation [Text provided separately] ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize Updating the Fisheries Regulations in Belize Marine reserves background 23 "! The Marine Reserves have been developed over a number of years (Hol Can in 1987 to Turneffe in 2013); Marine Reserves Regulations Key issues Review of model Order Review of model Regulation "! There is a lot of variation in the various Sls and some terms have different definitions in the various Sls. There is a need to have a more comprehensive and coordinated approach to Sls. "! The new Act makes some changes to the structure for marine reserves regulation "! Orders establish marine reserves, establish Advisory Committees (and terms of reference) "! Regulations general management, fees, management plans, research permits ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize -./01.2#$'.3%4025%*#60*3740&#8#9&5./1:# '4%#;<74%*<%7#=%:>2./017#<1#?%2<@%#8#?%2<@%# A<'BC#!"#$%&'%()%*#"+!,# F#

171 !"#$%&'%()%*#"+!,# + Updating the Fisheries Regulations in Belize Marine reserves key issues 24 + Updating the Fisheries Regulations in Belize Marine reserves Orders 25 "! Standardization "! E.g. common names and criteria for different zone types "! Standard licences "! Inclusion of an advisory committee for all marine reserves "! Governance "! Transparency "! Clear terms of reference for advisory committees "! Decision-making "! Criteria for access decisions "! Possibility for FA to review "! Role of Orders under the new Act "! Establish marine reserve "! Establish advisory committee (and terms of reference) "! Establishment "! Would remain the same, i.e. establishing provision + description of the reserve "! Advisory Committee "! Terms of reference should be included "! To strengthen governance, Orders should include statutes ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize 26 + Updating the Fisheries Regulations in Belize Marine reserves regulations 27 Review of Model Order [Text provided separately] "! Option 1 Single set of regulations for each marine reserve "! amend them to have consistent language for all marine reserves and to have consistent provisions "! Pros single regulatory document (cf. the Order) "! Cons repetitive, more difficult to amend common provisions and common licences (risk of discrepancies) "! Option 2 Specific regulations for each marine reserve + a general measures marine reserve "! Cons two regulatory documents "! Pros more streamlined, easier to amend, no risk of inconsistency ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize -./01.2#$'.3%4025%*#60*3740&#8#9&5./1:# '4%#;<74%*<%7#=%:>2./017#<1#?%2<@%#8#?%2<@%# A<'BC#!"#$%&'%()%*#"+!,# G#

172

173 !"#$%&'%()%*#"+!,# + Updating the Fisheries Regulations in Belize Licensing, Management and Control Key issues "! Limited entry fisheries "! Landing sites, reporting requirements "! Definitions for commercial fishing, sport fishing, recreational fishing "! Licensing application and renewal procedures Conclusions and Next Steps Workshop conclusions Next steps ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize + Updating the Fisheries Regulations in Belize Conclusions, Next Steps 34 "! Summary of the Workshop discussions key issues "! Recommendations of the Workshop "! Next steps ACP Fish II / Fisheries Department - National Workshop - Updating the Fisheries Regulations in Belize -./01.2#$'.3%4025%*#60*3740&#8#9&5./1:# '4%#;<74%*<%7#=%:>2./017#<1#?%2<@%#8#?%2<@%# A<'BC#!"#$%&'%()%*#"+!,# H#