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Bahamas Numbered Acts |
No. 12 of 2005 |
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AN ACT TO MAKE PROVISION FOR THE PROTECTION |
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Enacted by the Parliament of The Bahamas. |
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[Date of Assent : - 2nd August, 2005] |
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1.(1)
This Act may be cited as the
Marine Mammal Protection Act, 2005.
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Short title and commencement. |
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(2)
This Act shall come into force
on such date as the Minister may appoint by notice published in the
Gazette.
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2.
In this Act -
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Interpretation. |
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"captive marine mammal" means a marine mammal under human care and maintained in a captive marine mammal facility; |
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"captive marine mammal facility" means premises open to the public and licensed under section 6, for the holding, maintenance and display of marine mammals belonging to the family Delphinidae and any other marine mammal that the Minister may designate by Order published in the Gazette; |
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"exclusive economic zone" means the exclusive economic zone of The Bahamas as set out in section 8 of the Archipelagic Waters and Maritime Jurisdiction Act; |
Ch. 282. |
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"inter island" means existing or occurring between two or more islands; |
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"marine mammal" means any mammal which is morphologically adapted to the marine environment; |
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"marine mammal product" means any item which consists, or is composed in whole or in part, of any marine mammal; |
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"Minister" means the Minister responsible for wild animals; |
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"The Bahamas" includes the exclusive economic zone; |
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"vehicle" includes a motor vehicle, aircraft or boat; |
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"wild occurring marine mammal" means any marine mammal that is free roaming and is not confined by any man made boundary. |
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3.(1)
No person shall, except
pursuant to a licence or permit granted by the Minister under
section 5 -
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Prohibits taking, harassing, etc. of a marine mammal. |
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(a)
import, or attempt to import into
The Bahamas, any marine mammal or marine mammal product;
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(b)
export, or attempt to export,
from The Bahamas, any marine mammal or marine mammal product;
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(c)
sell, or attempt to sell a marine
mammal or a marine mammal product;
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(d)
possess, or attempt to possess,
within The Bahamas, any marine mammal or marine mammal
product;
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(e)
conduct, or attempt to conduct
scientific research within The Bahamas on any marine mammal;
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(f)
transport, or attempt to
transport, inter-island or intra-island within The Bahamas, any
marine mammal;
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(g)
operate a vehicle for commercial
purposes within The Bahamas to engage in or facilitate the
observation or interaction with any wild
occurring marine
mammal.
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(2)
A person who contravenes any
of the provisions of this section commits an offence.
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4.(1)
No person shall take, harass,
hunt, kill or attempt to take, harass, hunt, kill any marine mammal
within The Bahamas.
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Prohibits import, etc. without a permit or licence. |
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(2)
Subsection (1) shall not apply
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(a)
where it is necessary that a
marine mammal be taken to ensure the preservation of such marine
mammal;
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(b)
to a person authorized to rescue
or attempt to rescue a stranded or beached marine mammal.
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(3)
A person who rescues a
stranded or beached marine mammal pursuant to subsection (2) shall
provide a report to the Minister within
forty-eight hours of the
stranding and of any actions taken.
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(4)
A person who contravenes any
of the provisions of this section commits an offence.
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5.(1)
The Minister may upon
application grant to a person a licence or permit pursuant to
section 3(1) if the Minister is satisfied that
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Power of Minister to grant licence or permit. |
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(a)
it is necessary that a marine
mammal product be imported into The Bahamas for the preservation of
a marine mammal or for scientific
research or educational
purposes;
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(b)
a marine mammal should be
imported for captive purposes in a licensed facility;
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(c)
it is necessary that a marine
mammal be exported from The Bahamas for the preservation of that
marine mammal;
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(d)
it is necessary that a marine
mammal product be exported from The Bahamas for the preservation of
that product or for scientific research
or educational
purposes;
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(e)
a marine mammal held in a
facility should be sold due to that facility having exceeded its
permitted carrying capacity or for the
well being of the marine
mammal;
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(f)
a marine mammal should be
transported within The Bahamas;
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(g)
the scientific research proposed
should be conducted on marine mammals or marine mammal products
within The Bahamas;
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(h)
it is necessary to allow a person
to operate a vehicle to transport or attempt to transport within
The Bahamas any marine mammal;
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(i)
it is necessary to allow a person
to operate a vehicle to engage in or facilitate the observation or
interaction with any wild occurring
marine mammal;
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(j)
it is necessary to ensure
compliance with any local laws and international conventions to
which The Bahamas is a party.
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(2)
Every licence or permit
granted under the provisions of this section shall be subject to
such terms and conditions as the Minister
thinks fit.
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(3)
The Minister may prescribe the
manner in which any of the purposes for which a licence or permit
is granted, is to be carried out.
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(4)
The Minister shall prior to
granting a permit or licence under this section take into
consideration the highest international practices
and protocols in
respect of marine mammals.
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(5)
The Minister may revoke or
refuse to renew a licence or permit issued under this section
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(a)
where there is a breach of the
Act or any regulations made thereunder;
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(b)
where there is a breach of the
terms or conditions for which the licence or permit has been
issued; or
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(c)
where it is necessary to ensure
the sustainability of marine mammals in The Bahamas.
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(6)
The Minister shall prior to
revoking a licence give notice to the licensee stipulating the
grounds on which he proposes to revoke
the licence and the Minister
shall afford the licensee an opportunity to explain why the licence
should not be revoked, and may give
to the licensee an opportunity
to remedy any default within such period as the Minister may
specify.
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(7)
For the purposes of this
section, "scientific research" means research, the result of which
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(a)
are likely to be accepted for
publication in a referred scientific journal;
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(b)
are likely to contribute to the
basic knowledge of marine mammal biology or ecology; or
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(c)
are likely to identify, evaluate,
or resolve conservation problems.
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6.(1)
No person shall operate a
captive marine mammal facility for any purpose unless -
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Prohibits operation of captive marine mammal facility without a licence. |
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(a)
that person obtains a licence to
operate a captive marine mammal facility; and
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(b)
the premises is licensed to be
operated as a captive marine mammal facility.
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(2)
The Minister may upon
application grant a licence to operate a captive marine mammal
facility if the Minister is satisfied that the
applicant is fit to
be the holder of such a licence.
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(3)
The Minister may upon
application grant to a person a licence for premises to be used as
a captive mammal facility if the Minister
is satisfied that
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(a)
the premises and location with
regard to neighboring premises;
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(b)
the proposed facilities and
equipment;
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(c)
the operation of the
facility;
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(d)
the proposed marine mammal
husbandry programme;
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(e)
the proposed education programmes
and human/marine mammal interactive programmes; and
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(f)
any proposed scientific research
and exhibits, are in keeping with the standards and guidelines as
are prescribed.
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(4)
The Minister may revoke or
refuse to renew the licence of a captive marine mammal facility, if
the facility is managed in a manner
contrary to the Act or any
regulations or in such manner that the revocation of the licence is
required in the interest of the public
or the well being of the
marine mammal.
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(5)
Every licensee shall adhere to
any prescribed standards and guidelines for the operation of a
captive marine mammal facility.
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(6)
Before the Minister refuses to
grant or renew a licence or revokes a licence under this section,
the Minister shall give notice to
the applicant, of the grounds on
which he proposes to refuse to grant or renew the licence.
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(7)
The Minister shall afford the
applicant an opportunity of satisfying the Minister why the licence
should be granted or renewed, and
may give to the applicant an
opportunity to remedy any default within such period as may be
specified by the Minister.
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7.(1)
The Minister in consultation
with the Director of Fisheries may, by instrument in writing
appoint a person including a "designated
veterinarian" as defined
in the Marine Mammal (Captive Facilities) Regulations, 2005 to be a
marine mammal inspector for the purposes
of this Act and such
person shall have and may exercise the functions assigned to a
marine mammal inspector by or under this Act.
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Marine mammal inspectors. |
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(2)
A marine mammal inspector in
exercising any of the powers conferred on him by this section shall
on demand produce such means of identification
as may be necessary
to show that he is a marine mammal inspector for the purposes of
this Act.
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(3)
A marine mammal inspector may
at any time stop, go on board and search any vehicle within the
exclusive economic zone, and if he has
reason to suspect that any
person on board such vehicle has contravened any of the provisions
of this Act or of any regulations made
thereunder, he may without
summons, warrant or other process seize the vehicle and detain it
and any person found on board.
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(4)
A marine mammal inspector may
for the purposes of ensuring that the provisions of this Act and
any regulations made thereunder are
complied with at a reasonable
time enter any premises wherein any marine mammal is or is
suspected to be held captive and the licensee
or every person found
on the premises shall afford the inspector all reasonable
assistance and furnish him with such information
as the inspector
may reasonably require for the purposes of ensuring that there is
no breach of the provisions of this Act or any
regulations made
thereunder.
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(5)
A marine mammal inspector may
stop and search any vehicle within The Bahamas where the inspector
has reasonable grounds to believe
that a marine mammal is being
held or transported.
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(6)
A marine mammal inspector may
seize any marine mammal or product which he has reasonable grounds
to believe has been taken in contravention
of this Act and may
either release as early as possible or place such marine mammal or
product in the care and custody of a licensed
captive marine mammal
facility for rehabilitation and at the expense of the offender if
convicted.
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(7)
A marine mammal inspector may
arrest any person whom he has reasonable grounds to believe, has
committed an offence under this Act.
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(8)
Where any vehicle or thing is
seized or detained or any person is detained under this section by
a marine mammal inspector, the inspector
shall take such vehicle,
thing or person as soon as maybe to the nearest or most convenient
place in The Bahamas and there deliver
it into the custody of the
most senior police officer.
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(9)
A marine mammal inspector may
take or cause to be taken any sample or specimen for the purpose of
ensuring that there is no breach
of the provisions of this Act or
any regulations made thereunder.
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(10)
Any person who -
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(a)
fails to comply with any of the
provisions of this section;
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(b)
knowingly makes any false or
misleading statement either orally or in writing to a marine mammal
inspector engaged in carrying out
his duties under the Act,
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commits an offence and is liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding three months or to both such fine and imprisonment. |
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8.
No action shall be brought
against any marine mammal inspector in respect of anything done or
omitted to be done by the inspector
in good faith in the execution
of his powers and duties under this Act or any regulations made
thereunder.
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Immunity of marine mammal inspectors. |
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9.(1)
No person shall resist,
obstruct, assault, threaten with violence, bribe or attempt to
bribe or otherwise interfere with a marine
mammal inspector in the
exercise of any powers conferred on him under this Act.
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Interference of marine mammal inspectors. |
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(2)
A person who contravenes
subsection (1) commits an offence and is liable on summary
conviction to a fine not exceeding ten thousand
dollars or to
imprisonment for a term not exceeding six months or to both that
fine and imprisonment.
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10.
Where an offence under this
Act has been committed by any person on board or employed on a
vehicle, the operator of that vehicle also
commits the
offence.
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Liability of operator. |
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11.
Where on delivering a person
into the custody of a police officer in accordance with section 7,
the marine mammal inspector makes
a complaint to that officer that
such person has committed an offence under this Act, the police
officer shall as soon as possible,
cause such person to be brought
before a magistrate's court to be dealt with according to
law.
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Persons in custody to be brought before Magistrate's court. |
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12.
Where a vehicle or thing is
delivered into the custody of a police officer at any place by a
marine mammal inspector in accordance
with section 7, that vehicle
or thing shall be detained in the custody of the Commissioner of
Police at the order of the Minister
or at such place as the
Minister may direct pending the outcome of any legal proceedings
under this Act or its release on bond or
other form of security in
accordance with the provisions of section 13.
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Detention of seized vehicles. |
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13.(1)
The Minister shall, on
application therefor, order the release of any vehicle, together
with its gear, stores, cargo, fishing net
or other fishing
appliance, or thing seized under this Act on receipt of a
satisfactory bond or other form of security from the owner
or other
person claiming such property.
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Release of detained vehicles on bond. |
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(2)
The Minister shall determine
whether a bond or other form of security is satisfactory within the
meaning of subsection (1).
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14.(1)
Where a person is convicted of
an offence under this Act, the court, in addition to any other
penalty imposed -
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Powers of court. |
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(a)
may, on motion order that any
vehicle together with its gear, stores, cargo, fishing net or other
fishing appliance, or thing used
in the commission of the offence
be forfeited;
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(b)
shall order that any marine
mammal caught in the commission of an offence be forfeited and
disposed of in a manner determined by the
Director of
Fisheries;
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(c)
may order that any licences or
permits issued under this Act be canceled or suspended and that no
new licences or permits be issued
in respect of the person or
captive marine mammal facility involved in the offence for such
period of time as the court may specify.
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(2)
The powers granted under
subsection (1)(a) and (b) may also be exercised by the court in
civil proceedings instituted by motion where
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(a)
no person has been charged with
an offence; or
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(b)
a person charged with an offence
has been acquitted.
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(3)
If forfeiture is not requested
by order of the court, an action for forfeiture may be brought in
the Supreme Court, in which case
the proceedings shall be by
motion.
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15.
Unless the contrary is
otherwise proven -
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Presumptions. |
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(a)
any marine mammal found on board
a vehicle which has been used in the commission of an offence under
this Act is presumed to have
been taken in the commission of that
offence;
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(b)
any marine mammal found in the
possession of a person within the exclusive economic zone is
presumed to have been taken within that
area; and
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(c)
in any proceedings under this Act
following the seizure of a vehicle by a marine mammal inspector on
board any Government or other
enforcement vehicle, where the place
in which an event is alleged to have occurred is in issue, the
place stated in a certified copy
of the relevant entry in the log
book or other official record maintained by the appropriate officer
of the Government as being that
place in which the event occurred
is presumed to be the place in which such event occurred.
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16.
Where a person is charged with
having committed an offence under this Act for which a licence,
permit, authority or the permission
of any person is required for
the doing of any act, the onus shall be on that person to prove
that at the time of the offence the
requisite licence, permit,
authority or permission was duly held.
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Onus of proof. |
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17.
Any vessel together with its
gear, store and cargo and any vehicle, fishing net, other fishing
appliance or thing ordered to be forfeited
under section 14 shall
be sold or otherwise disposed of as the Minister of Finance may
direct.
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Disposal of vessels etc. forfeited. |
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18.(1)
Unless specified otherwise, a
person who commits an offence under this Act shall be liable, on
summary conviction to a minimum fine
of five thousand dollars but
not exceeding twenty-five thousand dollars or to imprisonment not
exceeding eighteen months or to both
such fine and
imprisonment.
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Penalties. |
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(2)
A person who commits an
offence under section 6 shall be liable to a fine not exceeding
fifty thousand dollars or to imprisonment
for a term not exceeding
two years or to both such fine and imprisonment.
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(3)
For the purposes of subsection
(1), the court may, in addition, order that any marine mammal to
which the offence has been committed
shall be forfeited and
disposed of as directed by the Minister.
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19.
The Minister may make
regulations generally for giving effect to the provisions of this
Act, and without prejudice to the generality
of the foregoing, may,
make regulations to -
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Regulations. |
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(a)
prescribe the form of any
applications referred to in the Act;
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(b)
prescribe the form of licences or
permits that may be issued under the Act;
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(c)
provide for the charging of fees
for permits or licences issued under the Act;
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(d)
provide for the protection and
care of different species of marine mammals;
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(e)
provide for the manner in which a
marine mammal may be observed, interacted with, taken, imported or
exported;
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(f)
provide for the number, age, size
or sex of any marine mammal which may be taken, imported, exported
or sold;
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(g)
provide for the standards and
guidelines of different types of captive marine mammal
facilities.
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