Section 74: Regulations

74. Regulations (1) The Minister may make regulations for the purposes of this Act, and in particular, for the purpose of— (a) prescribing measures and conditions— (i) under which fish farming and fish ranching are to be carried out; and (ii) for the control of diseases in fish farms; (b) delimiting areas within the maritime zones which shall be reserved for fishing by Mauritian fishing boats or Mauritian fishing vessels; (c) prescribing measures for the registration of fishermen; (d) prescribing the conditions for licensing of fishing boats and fishing vessels, format and content of licences and the procedure for their issuance, cancellation and revocation; [Issue 6] F15 – 38 Revised Laws of Mauritius (e) requiring a fishing boat or fishing vessel to be equipped with specified communications, position fixing instrument any other equipment; (f) prescribing fisheries management and conservation measures, including mesh size, gear specifications, minimum sizes of species of fish, closed seasons, closed areas, prohibited methods of fishing or gear, schemes for limiting entry into all or any specified fisheries and schemes for setting and allocating quotas; (g) prescribing measures for the protection of corals and shells; (h) prescribing measures for the protection, conservation and management of marine protected areas and artificial reefs; (i) prohibiting the fishing of any toxic fish; (j) prohibiting the fishing of certain species, size or gender of fish; (k) providing for the levying of fees and charges; (l) prescribing measures to ensure the safety and security of fishermen at sea; (m) prescribing measures to ensure the safety and security of fishing boats; (n) prescribing rules governing the use of fish aggregating devices and regulating fishing activities in their vicinity; (o) prescribing the operation of, and conditions and procedures, to be observed by any foreign fishing boat or foreign fishing vessel entering the maritime zones and while in such zones; (p) regulating the management of fishery resources and fishing activities in relation to sports and recreational fishing; (q) regulating the handling, storing, processing, transporting, transhipping and exporting of fish and fish products and the operation of a one-stop-shop for those purposes; (r) prescribing measures for operating a fishing base for fishing within the maritime zones; (s) providing for the placing of observers on board any fishing boat or fishing vessel licensed under this Act to fish or carry out any related activity in the maritime zones or beyond, as the case may be, and prescribing rules relating to observers; (t) regulating the manufacturing, import and export of gear; (u) regulating import, trade in, distribution and marketing of fish and fish products and prescribing measures and conditions for the operation of a fish auction market; (v) manning of fishing boats, provision of training, the conduct of examinations, and the issue of certificates; (w) prohibiting the use of any boat within such areas as may be prescribed; F15 – 39 [Issue 6] Fisheries and Marine Resources Act (x) surveying and certification of fishing boats; (y) accommodation on board fishing boats; (z) prescribing such other measures to combat illegal, unreported and unregulated fishing activities; (za) prescribing any other matter relating to fisheries for the purposes of this Act; (zb) prescribing the measures for the operation of laboratories responsible for carrying out analyses of fish an e of any boat within such areas as may be prescribed; F15 – 39 [Issue 6] Fisheries and Marine Resources Act (x) surveying and certification of fishing boats; (y) accommodation on board fishing boats; (z) prescribing such other measures to combat illegal, unreported and unregulated fishing activities; (za) prescribing any other matter relating to fisheries for the purposes of this Act; (zb) prescribing the measures for the operation of laboratories responsible for carrying out analyses of fish and fish products for export, of sea water and tests for toxicity in fish; (zc) amending the Schedules. (2) Regulations made under this Act may provide that any person who contravenes them shall commit an offence and shall, on conviction, be liable to a fine not exceeding 500,000 rupees, or the US dollar equivalent. (3) Notwithstanding subsection (2), regulations made under subsection (1) (b), (e), (o), (w) and (z) may provide that any person who contravenes them shall commit an offence and shall, on conviction, be liable to a fine not exceeding 1,000,000 rupees, or the US dollar equivalent. [S. 74 amended by s. 12 (c) of Act 20 of 2011 w.e.f. 1 March 2014.]