Persons who fish in Jamaican waters without a licence could be fined up to three million dollars or serve a term not exceeding two years.
It is illegal to locate, catch, take or harvest fish without a licence. However, this regime does not apply to persons locating, catching or taking fish farmed in an aquaculture facility.
Persons desirous of engaging in this activity must first obtain a licence from the National Fisheries Authority at Newport East in St Andrew.
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A licence is required to fish
Persons who fish in Jamaican waters without a licence could be fined up to three million dollars or serve a term not exceeding two years.
It is illegal to locate, catch, take or harvest fish without a licence. However, this regime does not apply to persons locating, catching or taking fish farmed in an aquaculture facility.
Persons desirous of engaging in this activity must first obtain a licence from the National Fisheries Authority at Newport East in St Andrew.
Section 3 subsection 1 of the Fishing Industry Act says in part:-
“…no person shall, engage in fishing in Jamaica or, if a citizen of Jamaica, such areas outside of Jamaica as may be prescribed, unless he is the holder of a valid license issued by the Licensing Authority.”
The Act goes on to say in subsection 2 that the Minister may, by order, subject to such terms and conditions as he may specify, exempt from the requirements of this section:-
Persons who he is satisfied are engaged in bona fide research and who intend to fish only for scientific purposes;
Any other category of person specified in the order.
Subsection 3 continues with the penalties for those found in contravention of the act. It says any person found to be in contravention of the act commits an offence and shall be liable:-
On summary conviction before a Resident Magistrate [Judge of the Parish Court] to a fine not exceeding three million dollars or to imprisonment for a term not exceeding two years.
On conviction or indictment in a Circuit Court, to a fine or to imprisonment for a term not exceeding two years.
To obtain a fishing licence, one must apply to the National Fisheries Authority which is located at 2c Newport East in Kingston 11, St. Andrew.
The Authority is responsible for the management and development of fisheries and aquaculture. This includes the preparation and periodic review of fishery management plans and aquaculture management plans.
Section 5 subsection 1 of the Fishing Industry Act says:-
“The Licensing Authority may, on application made in the prescribed manner, and on payment of the prescribed fee, issues to any person who desires to fish a license to do so.”
Subsection 2 says however:-
“Any licence granted under this section may be granted subject to such conditions, in addition to any conditions that may be prescribed in respect of licences generally, as the Licensing Authority thinks fit to impose. Any conditions so imposed may at any time be varied, added to, or revoked by the Licensing Authority.”
Section 6 of the act speaks to some of the things the Authority will consider when granting a licence.
It says the Authority shall have regard to
The desirability in the interest of the fishing industry of granting a license;
Whether or not the applicant operates or assists in the operation of a canoe or other vessel, or is a member of the crew of a deep-sea fishing vessel;
Such other matters as in his opinion are relevant to the application.
Fishermen who are licenced must always have their identification card with them while engaged in fishing activities.
According to Section 7 subsection 1
“Every licensed fisherman (other than the holder of a temporary licence…) shall carry upon his person such identification card as may be prescribed at all times while, he is fishing in Jamaica, or if he is a citizen of Jamaica, within such waters outside of Jamaica…”
Persons in breach could be subject to a fine of $100,000 or to a term of imprisonment not exceeding one month.
Boats used for fishing are also required to be registered with the Authority.
Failure to register a boat could lead to the owner being subject on conviction to a fine of three million dollars or to a term not exceeding 12 months.
The law also states that
“The Licensing Authority may refuse to register a fishing boat if he is satisfied that the registration thereof would not be in the interest of the fishing industry, so, however, that the owner of the fishing boat may, within twenty-one days after such refusal, appeal in writing to the Minister against such refusal and the decision of the Minister on such appeal shall be final.”
The Mission of the Ministry of Agriculture, Fisheries and Mining is to grow and sustain the Agriculture, Fisheries and Minerals sectors by creating a safe and enabling environment while fostering social inclusion in all policies programmes and projects.
