Fisheries port measures and powers to make regulations

(1) For the purpose of promoting the effectiveness of international conservation and management or pursuant to treaties or arrangements, the Minister may make regulations concerning the following matters– (a) the designation of fisheries port inspectors; (b) the training and qualifications of fisheries port inspectors; (c) establishing the procedures, the contents of and the results to be obtained from an inspection regime; (d) prescribing the powers of inspectors, the mode of conducting an inspection, including the power to inspect any area of the fishing vessel, the catch (whether processed or not), any fishing gear, equipment or other gear and which the inspector deems necessary to verify compliance with relevant conservation and management measures; Fisheries Resources [CAP. 210 43 (e) requiring the provision of such assistance or information as may be needed in order to undertake inspections; (f) regulating or prohibiting the landing, transhipment, packaging or processing of fish which– (i) has been identified or reported as having been engaged in or supporting fishing activities in contravention with sub-regional or global conservation measures, or where there are reasonable grounds for presuming that a vessel has been engaged in such activity; (ii) has been included on the list of vessels maintained by sub-regional, regional or global fisheries organizations that are believed to have engaged in illegal, unregulated or unreported fishing; (iii) has been identified or reported as having been engaged in or supporting fishing activities in areas under national jurisdiction in contravention of the laws of a particular State, or fishing on the high seas without an authorization to do so from its flag State or where there are reasonable grounds for presuming that a vessel has been engaged in such activity; (g) authorizing the cooperation and exchange of information, including inspection results with other States and sub-regional, regional or global fisheries organizations; 44 Fisheries Resources (h) providing for a system of appeal against decisions taken in respect of fishing vessels under this section; or (i) providing for any other measures that may be agreed to by sub-regional, regional or global fisheries organizations, or pursuant to a treaty or arrangement. (2) Prior to entering a port, a master, or local fishing agent or shipping representative, of a foreign fishing vessel shall– (a) notify the Ports Commissioner of its intended entry at the port at least forty-eight hours prior to that entry; and (b) provide to the Ports Commissioner– (i) vessel identification; (ii) any authorization to fish; (iii) information on its fishing trip and vessel monitoring systems; (iv) quantities of fish on board; and (v) such other documentation or information as may be required by the Ports Commissioner in accordance with national laws or Conventions. (3) The Ports Commissioner, after consultation with the Fisheries Administrator, may prohibit from entering a port of Belize a vessel which has been identified as being engaged in or supporting in contravention of international conservation and management measures and whose flag State is not a member of, nor is it a cooperating non-contracting Party to, that regional or sub-regional fisheries organization, unless it Fisheries Resources [CAP. 210 45 can be established that the catch on board has been taken in a manner consistent with the relevant conservation and management measures. (4) A prohibition under sub-section (2) may apply to an individual vessel or to a fleet of vessels. (5) The Ports Commissioner, after consultation with Fisheries Administrator, may refuse entry to a port of Belize to a fishing vessel which he has reasonable grounds to believe is without nationality, or has operated under the flags of two States and has used them according to convenience. (6) References to ports in this section include offshore terminals and other installations for landing, transhipping, refuelling or resupplying vessels. (7) A person who fails to comply with the provisions of this section or with any regulations made in accordance with its provisions commits an offence and is liable on summary conviction to a fine not less than one hundred thousand dollars nor more than three million dollars.