Fisheries Act
Fishing Offenses & Infractions
Does this country's legislation require compliance with "international conservation and management measures" adopted by an RFMO in which it is a member?
Article 42
If the Chief Fisheries Officer has reasonable grounds to believe that a foreign fishing vessel has engaged in activities that undermine the effectiveness of international conservation and management measures, the Chief Fisheries Officer shall— (a) provide to the appropriate authorities of the flag state of the vessel concerned such information, including evidentiary material relating to those activities as may be necessary to assist the flag state to identify the vessel; (b) when such foreign vessel is voluntarily in a port of Guyana, promptly notify the appropriate authorities of the flag state and, if requested by the flag state, make arrangements to undertake such lawful measures as may be considered necessary to establish whether the vessel has been used contrary to the Compliance Agreement or the Fish Stocks Agreement.
Vessel Ownership & Legal Responsibility
Who is given legal responsibility to comply with the legislation: "operator," "owner," "master," "person," "vessel" or other?
Article 2
(2)(b) “master" means the person or persons having control of a fishing vessel at any given time;
Vessel Registration & License Management
What qualifications does the law/regulation give for a vessel to qualify as a local vessel?
Article 2
"local fishing vessel” means any fishing vessel which is – (a) wholly owned by the state or by a public corporation established by or under the law of Guyana; (b) wholly owned by one or more natural persons who are citizens of Guyana; or (c) wholly owned by a local fishing company or a fishers' co-operative society, fishers' association or other such society or association of persons established under the law of Guyana;
Article 2
2 (Interpretation and application) “local fishing vessel” means any fishing vessel which is – (a) wholly owned by the State or by a public corporation established by or under the law of Guyana; (b) wholly owned by one or more natural persons who are citizens of Guyana; or (c) wholly owned by a local fishing company or a fishers’ cooperative society, fishers’ association or other such society or association of persons established under the law of Guyana
What is the applicable law/regulation for the registration of ships, and does the fisheries legislation have any relevant provisions for registration such as pre-approval?
Article 9
(1) After thirty days from the commencement of this Act, every owner of a local fishing vessel which is used or intended to be used for fishing in the fisheries waters, shall, before such vessel is put to sea, be the holder of a valid certificate of registration in respect of such fishing vessel. (2) Application for a certificate of registration shall be made in the prescribed form, on behalf of the owner, to the Chief Fisheries Officer. (3) A certificate of registration shall not be issued unless the Chief Fisheries Officer is satisfied that the fishing vessel to which the application refers is seaworthy and fit for the purpose of fishing. (4) The Chief Fisheries Officer, or any person authorized by him in writing, may, on application therefor and on payment of the prescribed fees, issue a certificate of registration in the prescribed form in respect of a local fishing vessel. (5) The Minister may by Order exempt any owner or class of owners from the provisions of subsection (1) of this section and section 13(1) and such exemption may be general or subject to such conditions as the Minister may specify. (6) Where a fishing vessel is put to sea without there being a valid certificate of registration in respect of it, or in respect of which an Order made under subsection (5) does not apply, the master, owner, and the charterer each commits an offense and shall be liable upon summary conviction to a fine not exceeding one thousand dollars.
Article 10
(1) The Chief Fisheries Officer shall keep a Register of every fishing vessel in respect of which there is in existence a valid certificate of registration and shall cause to be entered therein from time to time the particulars of ownership and the place of mooring or beaching of every such fishing vessel and such other particulars as may be prescribed in respect of such fishing vessel. (2) The contents of the Register shall be prima facie evidence of the facts contained therein in any proceedings under this Act. (3) The register shall be made available to interested persons during working hours.
Article 11
(1) On the change of ownership, whether by sale or otherwise, of a fishing vessel in respect of which a valid certificate of registration is in existence, the registered owner and the new owner of such fishing vessel shall, within thirty days of such change of ownership, notify the Chief Fisheries Officer of the change of ownership (stating the name and address of the new owner or owners and the date of change of possession). (2) Upon change of ownership the registered owner shall return to the Chief Fisheries Officer the certificate of registration issued for such fishing vessel for cancellation. The Chief Fisheries Officer shall, subject to this Act, issue to the new owner of the fishing vessel a new certificate of registration.
Article 12
(1) The Chief Fisheries Officer may at any time inspect without notice any local fishing vessel for the purpose of satisfying himself that such fishing vessel is being maintained in a sea-worthy condition. (2) Where on an inspection pursuant to subsection (1), the Chief Fisheries Officer is satisfied that the fishing vessel is not seaworthy or is otherwise unfit for the purpose of fishing, he may cancel the certificate of registration of that fishing vessel and that fishing vessel shall thereupon be deemed to be not registered and shall be removed from the Register of fishing vessels kept by the Chief Fisheries Officer. (3) The registration of a fishing vessel in accordance with this Part does not relieve the owner, master or charterer of any obligations arising under any other law.
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
Article 13
(1) No local fishing vessel shall be used for fishing or related activities in the fisheries waters without a valid licence issued under this section in respect of that vessel. (2) Subsection (1) shall not apply to any local fishing vessel used solely for the purpose of fisheries related research or survey operations. (3) An application for a local fishing vessel licence or for the renewal of a local fishing vessel licence shall be made in the prescribed form to the Chief Fisheries Officer. (4) Subject to subsection (5), the Chief Fisheries Officer may issue a local fishing vessel licence in the prescribed form. (5) No local fishing vessel licence shall be issued or renewed in respect of any local fishing vessel unless— (a) an application has been made in accordance with subsection (3); (b) the vessel has been registered in accordance with section 9 and such registration has not been cancelled under subsection (2) of section 12; and, (c) any fees payable in respect of the licence have been paid.
Article 18
(1) No foreign fishing vessel shall be used for fishing or related activities in the fisheries waters without a valid foreign fishing vessel licence issued under this section. (2) Subsection (1) shall not apply to any foreign fishing vessel used purely for the purpose of fisheries related research operations. (3) An application for a foreign fishing vessel licence shall be made, in the prescribed form, to the Minister. (4) Subject to this Act and any regulations made thereunder, the Minister may issue a foreign fishing vessel licence in the prescribed form authorising a foreign fishing vessel to be used in the fisheries waters for such fishing or related activities as may be specified in the licence. (5) Subject to subsections (6) and (7), no foreign fishing vessel licence shall be issued to any foreign fishing vessel unless there is in force, with the Government of the flag state of the vessel or with an association of which the owner or charterer is a member, an access agreement to which the Government of Guyana is a party. (6) A licence may be issued in respect of— (a) test fishing operations; (b) a locally based foreign fishing vessel, notwithstanding the absence of an access agreement otherwise required under subsection (5). (7) Where the Minister determines that an agreement under section 17 in respect of a foreign fishing vessel necessitates any financial or other guarantees by the applicant for a licence to ensure his compliance with his obligations under this Act, he may issue a licence in respect of that vessel where the applicant provides sufficient financial and other guarantees relating to his fulfilment of all obligations arising under this Act. (8) Where a fishing vessel is used in contravention of subsection (1) or of any condition of a foreign fishing vessel licence, the master, owner and charterer of that vessel each commits an offense and shall be liable on summary conviction to a fine not exceeding ten million dollars.
Article 22
(1) The Chief Fisheries Officer or, in the case of a foreign fishing licence, the Minister, may cancel or suspend a fishing licence or a category of fishing licences on any of the grounds set out in subsection (2).
(2) A fishing licence, or a category of fishing licences, may be cancelled or suspended where the Minister or the Chief Fisheries Officer, as the case may be, is satisfied that— (a) it is necessary to do so in order to allow for the proper management of any particular fishery; (b) where, following the inspection of a fishing vessel, the certificate of registration of the vessel has been cancelled under section 12: or (c) the vessel in respect of which the licence has been issued has been used in contravention of this Act or of any regulations made thereunder, or of any conditions of the licence or in breach of any applicable access agreement.
(3) Where a fishing licence has been cancelled or suspended under subsection (1), notification of the cancellation or suspension shall be given to the person to whom the licence was issued.
(4) Where a fishing licence has been cancelled or suspended on the grounds specified in subsection (2)(a) a proportion of any fees paid for the fishing licence representing the unexpired period of that licence, shall be reimbursed to the person to whom the licence was issued at his request.
Article 38
(1) The Minister may cancel or suspend a high seas fishing permit where the Minister is satisfied that— (a) the vessel in respect of which the permit was granted has been used in contravention of this Act or any regulations made pursuant to this Act or in breach of any conditions or restrictions in the permit; or (b) the vessel in respect of which the permit was granted has engaged in activities undermining the effectiveness of international conservation and management measures; or (c) it is necessary to ensure compliance by Guyana with its obligations under the Compliance Agreement, the Fish Stocks Agreement and management measures.
(2) At the same time as cancelling or suspending a permit, the Minister may also direct that the vessel in respect of which the permit was granted return immediately to port.
(3) If a permit is cancelled or suspended the Minister may, taking into account the circumstances of the case, refund the whole or part of any fee charged for the permit.
(4) Before any licence or permit under this Act is cancelled or suspended the holder thereof shall be afforded an opportunity of making representations.
Does the law/regulation require license denial where a vessel has violated fisheries laws in areas beyond national jurisdiction, for example where the vessel is on, or associates with another vessel on an RFMO IUU Vessel list or for other reasons?
Article 38
(1) The Minister may cancel or suspend a high seas fishing permit where the Minister is satisfied that— (a) the vessel in respect of which the permit was granted has been used in contravention of this Act or any regulations made pursuant to this Act or in breach of any conditions or restrictions in the permit; or (b) the vessel in respect of which the permit was granted has engaged in activities undermining the effectiveness of international conservation and management measures; or (c) it is necessary to ensure compliance by Guyana with its obligations under the Compliance Agreement, the Fish Stocks Agreement and management measures.
(2) At the same time as cancelling or suspending a permit, the Minister may also direct that the vessel in respect of which the permit was granted return immediately to port.
(3) If a permit is cancelled or suspended the Minister may, taking into account the circumstances of the case, refund the whole or part of any fee charged for the permit.
(4) Before any licence or permit under this Act is cancelled or suspended the holder thereof shall be afforded an opportunity of making representations.
What offenses exist in the law/regulation for which license suspension, revocation or cancellation is a mandatory consequence upon conviction for committing the offense?
Article 38
(1) The Minister may cancel or suspend a high seas fishing permit where the Minister is satisfied that— (a) the vessel in respect of which the permit was granted has been used in contravention of this Act or any regulations made pursuant to this Act or in breach of any conditions or restrictions in the permit; or (b) the vessel in respect of which the permit was granted has engaged in activities undermining the effectiveness of international conservation and management measures; or (c) it is necessary to ensure compliance by Guyana with its obligations under the Compliance Agreement, the Fish Stocks Agreement and management measures.
(2) At the same time as cancelling or suspending a permit, the Minister may also direct that the vessel in respect of which the permit was granted return immediately to port.
(3) If a permit is cancelled or suspended the Minister may, taking into account the circumstances of the case, refund the whole or part of any fee charged for the permit.
(4) Before any licence or permit under this Act is cancelled or suspended the holder thereof shall be afforded an opportunity of making representations.