Ao 1992
No 108
PUBLICATIEBLAD

OFFICIAL BULLETIN OF THE NETHERLANDS ANTILLES 

NATIONAL DECREE of 5 November 1992 containing general measures implementing articles 3 and 12 of the National Fisheries Ordinance (Offical Bulletin 1991, no. 74) (National Fisheries Decree).

 

IN THE NAME OF THE QUEEN

THE GOVERNOR of the Netherlands Antilles,

         Having considered that, in order to implement articles 3 and 12 of the National Fisheries Ordinance, it is desirable to lay down rules governing the fish that may be caught, the equipment that may be used, the information required of licence holders and the way in wich such information is to be recorded, and how the fees owed to the country if a licence is granted are to be collected.

        Having heard the Advisory Council, has decreed that:

Article 1

The following definitions shall apply for the purposes of this decree:

National ordinance: the National Fisheries Ordinance (Official Bulletin 1991, no. 74)

Licence holder: the licence holder referred to in article 2 of the national ordinance

Article 2

Anyone fishing in the fishing zone, and licence holders fishing in territorial waters shall be forbidden to use:

  1. dredge nets;
  2. fishtraps with a mesh size of less than 1.5 or 38 mm;
  3. fishtraps not fitted with an escape opening, covered by a panel made of biologically degradable material, wich after use, disintegrates in the sea water, zo that, after some 20 days, an opening of at least 15cm by 15cm is created in one side of the fishtraps;
  4. chemical substances, with the exeption of Quinaldine used in cathing aquarium fish;
  5. explosive substances;
  6. bait composed of the flesh of marine mammals;
  7. gill nets longer than 2.5 km.


Article 3
 

  1. Anyone fishing in the fishing zone, and licence holders fishing in territorial waters shall be forbidden to fish for:
      1. molluscs of the species Strombus gigas which are less than 18 cm in length; should the molluscs have been removed from their shells, they must have a minimum weight of 225 grammes;
      2. all species of turle;
      3. all species of marine mammal;
      4. lobster of the species Panulirus argus:
        1. which are less than 25 cm long, measured in prone position from the edge of the head, between the eyes, to the curve in the tail;
        2. which have a carapace of less than 9.5 cm;
        3. of which the total weight is less than 680 grammes, or of which the tail has a weight of less than 200 grammes
  2. It shall be forbidden to keep lobster of the species referred to in paragraph 1 d if:
    1. they are in ecdysis;
    2. they are carrying eggs.
  3. It shall be forbidden to remove the eggs from lobster of the species referred to in paragraph 1d.
Article 4

The licence holder shall keep a record of fishing activities, containing information on the fishing operations, the area in which these operations are performed, the species caught and the fishing methods employed. The forms on which the aforementioned records are to be kept shall be drawn up by the Fisheries Commission referred to in article 13 of the national ordinance, and shall be issued free of charge to licence holders. A copy of the records shall be forwarded to the Fisheries Commission no later than 45 days after completion of the fishing trip to which they apply. The Fisheries Commission may, if necessary, request the records.
 
 

Article 5

  1. The level of the fees referred to in article 12 of the national ordinance shall be levied as follows:
    1. for fishing with fishtraps, diving for lobster, fishing for mollusc of the species Strombus gigas and fishing for demersal species with bottom and drop longlines:
      1. from a ship of which the gross tonnage is less than 6 GRT, or of which the deck is no longer than 12 m,
        • for the natural and legal persons referred to in article 6, paragraph 1 of the national ordinance: nil
        • for the natural and legal persons referred to in article 6, paragraph 2 of the national ordinance: ANG 900 per annum;
      2. from a ship of which the gross tonnage is between 6 and 25 GRT, or a ship of which the gross tonnage is less than 6 GRT, but of which the deck is longer than 12 m: ;
        • for the natural and legal persons referred to in article 6, paragraph 1 of the national ordinance: ANG 550 per annum;
        • for the natural and legal persons referred to in article 6, paragraph 2 of the national ordinance: ANG 1,800 per annum
      3. from a ship of which the gross tonnage is between 25 and 50 GRT:
        • for the natural and legal persons referred to in article 6, paragraph 1 of the national ordinance: ANG 900 per annum;
        • for the natural and legal persons referred to in article 6, paragraph 2 of the national ordinance: ANG 2,700 per annum;
      4. from a ship of which the gross tonnage is between 50 and 150 GRT or more:
        • for the natural and legal persons referred to in article 6, paragraph 1 of the national ordinance: ANG 1,250 per annum;
        • for the natural and legal persons referred to in article 6, paragraph 2 of the national ordinance: ANG 3,600 per annum;
    2. for fishing with gill nets with a maximum length of 2.5 km;
      1. from a ship of which the gross tonnage is less than 25 GRT: nil
      2. from a ship of which the gross tonnage is between 25 and 50 GRT: ANG 900 per annum;
      3. from a ship of which the gross tonnage exceeds 50 GRT: ANG 1,450 per annum;
    3. for fishing with drift longlines:
      1. from a ship of which the gross tonnage is between 25 and 50 GRT: ANG 3,600 per annum;
      2. from a ship of which the gross tonnage is between 150 and 300 GRT: ANG 9,000 per annum;
      3. from a ship of which the gross tonnage exceeds 300 GRT: ANG 14,500 per annum;
    4. for fishing with ring nets:
      1. from a ship of which the gross tonnage is less than 800 GRT: ANG 18,000 per annum;
      2. from a ship of which the gross tonnage is between 800 and 1000 GRT: ANG 27,000 per annum;
      3. from a ship of which the gross tonnage exceeds 1000 GRT: ANG 36,000 per annum.
  2. Per annum shall be understood to mean a period of 12 months.
  3. The fees referred to in paragraph 1 shall be deposited in a bank account of the Ministry of Finance.
     

Article 6

  1. For a period of 3 years after this national decree has entered into force, licences to fish in the Saba bank fishing area employing the fishing methods referred to in article 5, paragraph 1a, with the exception of bottom and dropline fishing for demersal species, shall be issued exclusively to the natural and legal persons referred to in article 6, paragraph 1 of the national ordinance.
  2. Licences may be issued to the natural and legal persons referred to in article 6, paragraph 1 of the national ordinance for the performance of fishing operations in the Saba bank fishing area employing a combination of the fishing methods referred to in article 5, paragraph (1a and b). These licences shall be issued subject to the tariffs and provisions referred to in article 5, paragraph 1a.
  3. Licences may be issued for the performance of fishing operations in the fishing areas around Curaçao and Bonaire employing a combination of the fishing methods referred to in article 5, paragraph 1 (a and b). These licences shall be issued subject to the tariffs and provisions referred to in article 5, paragraph 1a.
Article 7

This national decree shall enter force at the same time as the National Fisheries Ordinance (Official Bulletin 1991, no. 64).
 

Article 8

This national decree may be cited as the National Fisheries Decree.
 

Done at Curaçao on 5 November 1992
 
 

J.M. SALEH

S.C.M. RÖMER

Acting Minister for General Affairs
 

S.C.M. RÖMER

Minister of Justice
 

Published on 27 November 1992
 
 

S.C.M. RÖMER

Actin Minister of General Affairs