← belizelaw.ai · High Seas Fishing Act, Cap. 210:01 · PART VI — Miscellaneous

Presumptions

Cap. 210:01, s. 42 · Revised Edition 2020

(1) Any fish found on board any fishing vessel which has been used in the commission of an offence against this Act are presumed to have been caught in the commission of that offence, unless the contrary is proved. (2) If, in any legal proceedings under this Act, the place at which an event is alleged to have taken place is in issue, the place stated in the relevant entry in the logbook or other official record as being the place at which the event took place, is presumed to be the place at which the event took place, unless the contrary is proved. (3) For the purpose of any proceedings under this Act, the act or omission of any member of the crew of a fishing vessel while on board that vessel or engaged in fishing activity related to that vessel, is taken to be also that of the master, owner and operator of the vessel. (4) Any entry in writing or other mark in or on any logbook, chart or other document required to be maintained under this Act, or used to record the activities of a vessel’s activities, is taken to be that of the master, owner, and operator of the vessel. (5) If any information is given in respect of a fishing vessel under this Act or a related agreement to any fishing activity of the vessel, it is presumed to have been given by the master, owner and operator of the vessel, unless it is proved it was not given by any of them. High Seas Fishing 51 (6) If in any legal proceedings for an offence under this Act– (a) an authorized officer gives evidence of reasonable grounds to believe that any fish to which the charge relates were taken by the use of driftnets; and (b) the court considers that, having regard to the evidence, the grounds are reasonable; the fish are presumed to have been so taken, unless the contrary is proved.
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Presumptions — Cap. 210:01 s. 42 · Belize Law