Section 2: Interpretation

2. Interpretation In this Act— “agent” means a person in Mauritius who— (a) is appointed by an owner or operator of a vessel operating under a licence issued under this Act; and (b) is authorised to receive, or is capable of responding to, any legal process issued in Mauritius against his principal; “bait gear” means a gear used for catching fish to be used as bait, referred to in section 29; “barachois” means a pond— (a) within or adjacent to the sea; and (b) enclosed by a weir or dam through which the sea flows and reflows; “basket trap” means a basket trap referred to in section 28; “boat” means any canoe, raft, floating platform or watercraft less than 24 metres overall length; “canard net” means a net— (a) which is used in conjunction with a large net for catching mullets; (b) which does not exceed 100 metres in length and 5 metres in width; (c) which is made of several layers of nets fitted with poles to maintain the whole net afloat on the surface of the water; and (d) the meshes of any of the layers of which measure not less than 9 centimetres when stretched diagonally; “drift net” means any net— (a) with any one side of which exceeds 250 metres; and (b) is fitted with floats or weights which make it hang vertically at the surface level of the sea, in mid-water or from the floor of the sea; “explosive” has the meaning assigned to it by the Explosives Act; “fish” means any aquatic organism, other than a bird, and includes any shell or coral; “fish aggregating device” means— (a) a device placed in water to attract fish; or (b) a naturally floating object which attracts fish and to which a device has been placed to facilitate its location; “fish farm” means a pond, tank, barachois, fish hatchery, structure, area or any area in a fish farming zone where fish farming or fish culture is carried out; F15 – 3 [Issue 2] Fisheries and Marine Resources Act “fish farm operator” means the person holding an authorisation under section 8 to operate a fish farm; “fish farming zone” means a fish farming zone referred to in section 8A; “fish landing station” means an area so prescribed under section 20 (1); “fish product” means— (a) any fish or part of any fish; or (b) any fresh, prepared, processed or frozen fish products; “fishery control officer” means a Fisheries Officer and includes— (a) a police officer; (b) an officer of the Customs Department of the Mauritius Revenue Authority; (c) a forest officer; (d) an authorised officer under the Food Act; (e) a veterinary officer; or (f) an authorised officer of the Ministry responsible for commerce; “fishing”— (a) means— (i) catching; (ii) collecting; (iii) killing; or (iv) destroying, any fish by any method; and (b) includes— (i) searching for fish for the purpose of catching, collecting, killing or destroying the fish; (ii) placing, searching for or retrieving, a fish aggregating device; “fishing boat” means a boat used for fishing and fishing related activities but excludes a boat used for fishing as sport, water sport or for any other recreational purpose; “fishing vessel” means a vessel used for, or equipped to be used for, fishing or related activity, other than a fishing boat; “foreign fishing boat” means a fishing boat, other than a Mauritian fishing boat; “foreign fishing vessel” means a fishing vessel, other than a Mauritian fishing vessel; [Issue 2] F15 – 4 Revised Laws of Mauritius “gear” means a net, a line, a hook, a lure, or a device, used or intended to be used for fishing; “gear li t, water sport or for any other recreational purpose; “fishing vessel” means a vessel used for, or equipped to be used for, fishing or related activity, other than a fishing boat; “foreign fishing boat” means a fishing boat, other than a Mauritian fishing boat; “foreign fishing vessel” means a fishing vessel, other than a Mauritian fishing vessel; [Issue 2] F15 – 4 Revised Laws of Mauritius “gear” means a net, a line, a hook, a lure, or a device, used or intended to be used for fishing; “gear licence” means a licence referred to in section 28; “gear licensee” means the holder of a licence in respect of a gear; “gill net” means a net which— (a) is set for catching fish; (b) does not exceed 250 metres in length and 2.5 metres in width; and (c) is made up of square meshes measuring not less than 11 centimetres when stretched diagonally; “identification mark” means a mark assigned to a gear, or fishing boat by the Permanent Secretary under section 29 (5) or 40 (1); “landing net” means a net in the form of a bag having— (a) meshes of any size; and (b) a hoop measuring not more than 50 centimetres in diameter and fitted with a handle; “large net” means a net which— (a) does not exceed 500 metres in length and 2.5 metres in width; and (b) is made up of square meshes measuring not less than 9 centimetres when stretched diagonally; “light stick” means a device, which is attached to a submerged fishing gear, which contains chemical substances capable of producing light through a chemical reaction inducing chemoluminescence, not requiring electrical power source; “maritime zones” has the meaning assigned to them by section 2 of the Maritime Zones Act; “master” means the person in charge of a boat or vessel; “Mauritian fishing boat” means a boat which is registered under section 44; “Mauritian fishing vessel” means a vessel which is— (a) registered in Mauritius under the Merchant Shipping Act; and (b) is wholly owned by— (i) the State of Mauritius; (ii) a statutory corporation in Mauritius; (iii) one or more persons who are citizens of Mauritius; or F15 – 5 [Issue 2] Fisheries and Marine Resources Act (iv) a body corporate, a company or other association incorporated or established under the laws of Mauritius and having a place of business in Mauritius; “Minister” means the Minister to whom responsibility for the subject of fisheries and marine resources is assigned; “net” means a net, mounted or unmounted, which is used, or intended to be used for fishing; “offshore terminal” means any place or structure prescribed for the purposes of landing or transhipping fish or fish products; “ornamental fish” means live fish kept in an aquarium, tank, pond or container for decorative or display purposes and not intended for release; “owner” in relation to a vessel— (a) means a person who owns the vessel; and (b) includes— (i) a charterer, whether bareboat, time or voyage; (ii) a person who acts in the capacity of a charterer; (iii) a party upon whom control over the destination, function or operation of the vessel is conferred under a management agreement or a similar agreement; “pass” means a passage through the reefs and includes the entrance to any harbour, bay or creek; “Permanent Secretary” means the Permanent Secretary of the Ministry responsible for the subject of fisheries and marine resources; “place of business” means the place where meetings of the directors of the body corporate owning a fishing boat or a fishing vessel are regularly held; “pocke estination, function or operation of the vessel is conferred under a management agreement or a similar agreement; “pass” means a passage through the reefs and includes the entrance to any harbour, bay or creek; “Permanent Secretary” means the Permanent Secretary of the Ministry responsible for the subject of fisheries and marine resources; “place of business” means the place where meetings of the directors of the body corporate owning a fishing boat or a fishing vessel are regularly held; “pocket net” means a net— (a) not exceeding 15 metres in length and 12 metres in width; (b) with 2 arms, each of which shall not exceed 10 metres in length and 2.5 metres in width; (c) which is made up of square meshes measuring not less than 9 centimetres when stretched diagonally; and (d) which is used in conjunction with a large net; “poisonous substance” means any substance likely to kill, stun or injure any fish or damage or pollute aquatic ecosystems; “position fixing instrument” means any device, instrument or equipment placed on board a fishing boat or fishing vessel, which transmits automatically, either independently or in conjunction with other instruments, information relating to the position of the boat or vessel; [Issue 2] F15 – 6 Revised Laws of Mauritius “related activity” in relation to fishing, means the operation of a boat, vessel or mother vessel in conjunction with fishing operations and includes— (a) storing, transhipping, processing or transporting of fish or any fish product taken in the maritime zones, or in the course of high seas fishing up to the time it is first landed; (b) refuelling or supplying fishing boats or fishing vessels; or (c) performing any other activity in support of fishing operations; “sell” includes— (a) hawk; (b) expose for sale; (c) keep for sale; (d) offer for sale; and (e) convey or consign for the purpose of sale; “shrimp net” means a net in the form of a bag not exceeding 2 square metres which— (a) is used for catching shrimps; and (b) is fitted with a hoop measuring not more than 50 centimetres diametrically or diagonally; or (c) is mounted on 2 handles and fitted with weights; “speargun” means a device fitted with a trigger and a spear; “structure” includes any jetty, slipway, ramp, dam, pier, building, gate, cairn, marina, pontoon or platform; “territorial sea” has the same meaning as in the Maritime Zones Act; “toxic fish” means any fish prescribed as being toxic fish; “undersized fish” in relation to fishing, means a fish the size of which is less than the size prescribed for that species of fish; “underwater fishing” means fishing by diving or with the use of a snorkel, flippers, goggles or similar equipment; “vessel” means any vessel, ship, carrier vessel or any other craft, other than a boat; “wetland”— (a) means an area of marsh whether— (i) natural or artificial; or (ii) permanently or temporarily with water which is static or flowing, brackish, or salty; and (b) includes areas of marine water. [S. 2 amended by s. 11 (a) of Act 18 of 2008 w.e.f. 19 July 2008.] F15 – 7 [Issue 2] Fisheries and Marine Resources Act PART II – MANAGEMENT OF FISHERIES AND ADMINISTRATION amended by s. 11 (a) of Act 18 of 2008 w.e.f. 19 July 2008.] F15 – 7 [Issue 2] Fisheries and Marine Resources Act PART II – MANAGEMENT OF FISHERIES AND ADMINISTRATION