National Conservation Act (Law 24 of 2013)

CAYMAN ISLANDS National Conservation Act (Law 24 of 2013) NATIONAL CONSERVATION (GENERAL) REGULATIONS (2022 Revision) Supplement No. 2 published with Legislation Gazette No. 6 of 27th January, 2022. PUBLISHING DETAILS Revised under the authority of the Law Revision Act (2020 Revision). The National Conservation (General) Regulations, 2016 made the 11th August, 2016, as amended by the Citation of Acts of Parliament Act, 2020 [Act 56 of 2020], and consolidated with the — National Conservation (General) (Amendment) Regulations, 2021 made the 25th May, 2021. Consolidated and revised this 31st day of December, 2021. Page 2 Revised as at 31st December, 2021 c National Conservation (General) Regulations (2022 Revision) Arrangement of Regulations CAYMAN ISLANDS National Conservation Act (Law 24 of 2013) NATIONAL CONSERVATION (GENERAL) REGULATIONS (2022 Revision) Arrangement of Regulations Regulation Page PART 1 - PRELIMINARY 1. Citation and commencement ........................................................................................................ 5 2. Definitions ..................................................................................................................................... 5 PART 2 - CONSERVATION OF MARINE SPECIES 3. Restriction on taking, purchasing etc. of spiny lobsters................................................................ 6 4. Restriction on taking, purchasing etc. of conch ............................................................................ 7 5. Restriction on taking, purchasing etc. of whelks........................................................................... 7 6. Restriction on taking, purchasing etc. of Nassau groupers .......................................................... 8 7. Restriction on taking, purchasing, etc. of certain marine life ........................................................ 9 8. Restriction on taking turtles .......................................................................................................... 9 PART 3 – CONSERVATION OF TERRESTRIAL SPECIES 9. Restriction on taking, purchasing etc. of blue winged teal and white winged doves .................... 9 PART 4 - GENERAL 10. Exemption from these Regulations............................................................................................. 10 11. Spent .......................................................................................................................................... 10 c Revised as at 31st December, 2021 Page 3 Arrangement of Regulations National Conservation (General) Regulations (2022 Revision) 12. Repeals ...................................................................................................................................... 10 13. Transitional ................................................................................................................................ 11 ENDNOTES 13 Table of Legislation history: ................................................................................................................. 13 Page 4 Revised as at 31st December, 2021 c National Conservation (General) Regulations (2022 Revision) Regulation 1 CAYMAN ISLANDS National Conservation Act (Law 24 of 2013) NATIONAL CONSERVATION (GENERAL) REGULATIONS (2022 Revision) PART 1 - PRELIMINARY 1. Citation and commencement 1. These Regulations may be cited as the National Conservation (General) Regulations, (2022 Revision). 2. Definitions 2. (1) In these Regulations — “conch” means the species of Strombus gigas which is also known by the following common names — (a) queen conch; (b) broadleaf conch; (c) pink conch; and (d) samba conch; “Council” means the National Conservation Council established under section 3 of the National Conservation Act, 2013 [Law 24 of 2013]; and c Revised as at 31st December, 2021 Page 5 Regulation 3 National Conservation (General) Regulations (2022 Revision) “take”, in relation to the taking of marine life from Cayman waters or of animals in the Islands, means to collect, hunt, kill, destroy, damage, injure, disturb, harass, harm, wound, capture, molest or impede a live specimen of such marine life or animal in any way or to attempt to do so, and includes incidental taking. PART 2 - CONSERVATION OF MARINE SPECIES 3. Restriction on taking, purchasing etc. of spiny lobsters 3. (1) Subject to paragraphs (3) and (4), a person who, in any one day, takes or permits any other person to take, from Cayman waters, more than three spiny lobsters (Panulirus argus) or, in any one day — (a) has in his possession or control; (b) exposes or offers for sale, exchange or donation; or (c) purchases, more than three such lobsters which are taken from Cayman waters, commits an offence. (2) Subject to paragraphs (3) and (4), a person who, in any one day, permits or causes to be caught from or loaded onto any one vessel in Cayman waters more than — (a) three spiny lobsters (Panulirus argus) for each person on board such vessel; or (b) six such lobsters (Panulirus argus), whichever is the lesser number, commits an offence. (3) A person who, at any time during the months of March to November inclusive, takes or permits any other person to take from Cayman waters, a spiny lobster (Panulirus argus) or, in such months — (a) has in his possession or control; (b) exposes or offers for sale, exchange or donation; or (c) purchases, any spiny lobster (Panulirus argus) which has been taken from Cayman waters, commits an offence. (4) A person who takes or permits any other person to take, from Cayman waters, any spiny lobster (Panulirus argus) which is below six inches tail length or — (a) has in his possession or control; (b) exposes or offers for sale, exchange or donation; or (c) purchases, Page 6 Revised as at 31st December, 2021 c National Conservation (General) Regulations (2022 Revision) Regulation 4 any such spiny lobster (Panulirus argus) taken from Cayman waters commits an offence. 4. Restriction on taking, purchasing etc. of conch 4. (1) Subject to paragraph (3), a person who, in any one day, takes or permits any other person to take from Cayman waters, more than five conch or, in any one day — (a) has in his possession or control; (b) exposes or offers for sale, exchange or donation; or (c) purchases, more than five conch taken from Cayman waters commits an offence. (2) Subject to paragraph (3), a person who permits or causes to be caught from or loaded onto any one vessel in Cayman waters in any one day more than — (a) five conch for each person on board such vessel; or (b) ten such conch, whichever is the lesser number, commits an offence. (3) A person who, at any time during the months of May to October inclusive, takes or permits any other person to take, from Cayman waters, any conch or, in such months — (a) has in his possession or control; (b) exposes or offers for sale, exchange or donation; or (c) purchases, any conch taken from Cayman waters commits an offence. 5. Restriction on taking, purchasing etc. of whelks 5. (1) Subject to paragraph (3), a person who, in any one day, takes or permits any other person to take from Cayman waters, more than two and one-half gallons of whelks (Cittarium pica) in the shell or more than two and one-half pounds of whelks (Cittarium pica) which are processed and which had been taken from Cayman waters or, in any one day — (a) has in his possession or control; (b) exposes or offers for sale, exchange or donation; or (c) purchases — (i) more than two and one-half gallons of whelks (Cittarium pica) in the shell taken from Cayman waters; or (ii) more than two and one-half pounds of whelks (Cittarium pica) which are processed and which had been taken from Cayman waters, commits an offence. c Revised as at 31st December, 2021 Page 7 Regulation 6 National Conservation (General) Regulations (2022 Revision) (2) Subject to paragraph (3), a person who, in any one day, causes or permits to be loaded onto any vessel in Cayman waters more than — (a) two and one-half gallons of whelks in the shell (Cittarium pica) which were taken from Cayman waters; or (b) two and one-half pounds of whelks (Cittarium pica) which are processed, commits an offence. (3) A person who, at any time during the months of May to October inclusive, takes or permits any other person to take from Cayman waters, any whelks (Cittarium pica) or, in such months — (a) has in his possession or control; (b) exposes or offers for sale, exchange or donation; or (c) purchases, any whelks (Cittarium pica) which were taken from Cayman waters commits an offence. 6. Restriction on taking, purchasing etc. of Nassau groupers 6. (1) Subject to paragraphs (3) and (4), a person who — (a) takes or permits any other person to take; (b) has in his possession or control; (c) exposes or offers for sale, exchange or donation; or (d) purchases, any Nassau grouper (Epinephelus striatus) which is less than sixteen inches or more than twenty four inches in length commits an offence. (2) A person who at any time — (a) takes or permits any other person to take; (b) has in his possession or control; (c) exposes or offers for sale, exchange or donation; or (d) purchases, any Nassau grouper (Epinephelus striatus) of any size which has been taken by means of a spear gun commits an offence. (3) A person who, at any time during the months of December to April inclusive, takes or permits any other person to take a Nassau grouper (Epinephelus striatus) from Cayman waters or in those months — (a) has in his possession or control; (b) exposes or offers for sale, exchange or donation; or (c) purchases, Page 8 Revised as at 31st December, 2021 c National Conservation (General) Regulations (2022 Revision) Regulation 7 a Nassau grouper (Epinephelus striatus) taken from Cayman waters commits an offence. (4) A person who takes or permits another person to take from Cayman waters more than five Nassau groupers (Epinephelus striatus), or who loads more than five Nassau groupers (Epinephelus striatus) onto a vessel in Cayman waters, in any one day, commits an offence. 7. Restriction on taking, purchasing, etc. of certain marine life 7. A person who takes or permits any other person to take from Cayman waters — (a) algae (Chlorophyta, Phaeophyta or Rhodophyta); (b) more than forty soldier crabs or hermit crabs (Coenobita clypeatus) in one day; or (c) any bony fish (Teleostei) of less than eight inches in length other than the following — (i) goggle eye fish (Selar crumenophthalmus); (ii) sprats (Clupeidae or Engraulidae); or (iii) fries or silversides (Atherinidae), or, has in his possession or control, exposes or offers for sale, exchange or donation, or purchases any marine life specified in subparagraphs (a) and (c), or more than forty soldier or hermit crabs (Coenobita clypeatus) in one day, commits an offence. 8. Restriction on taking turtles 8. A person who is licensed under the National Conservation (Licence and Permit) Directives, 2016 to take Green turtles (Chelonia mydas) and Loggerhead turtles (Caretta caretta) may only take such turtles in the amounts and of the sizes permitted under the licence during the months of December to March inclusive. PART 3 – CONSERVATION OF TERRESTRIAL SPECIES 9. Restriction on taking, purchasing etc. of blue winged teal and white winged doves 9. (1) A person who, at any time during the months of January to September inclusive — (a) takes or permits any other person to take; (b) has in his possession or control; (c) exposes or offers for sale, exchange or donation; or (d) purchases, c Revised as at 31st December, 2021 Page 9 Regulation 10 National Conservation (General) Regulations (2022 Revision) a blue-winged teal (Anas discors) commits an offence. (2) A person who, at any time during the months of October to July inclusive — (a) takes or permits any other person to take; (b) has in his possession or control; (c) exposes or offers for sale, exchange or donation; or (d) purchases, a white-winged dove (Zenaida asiatica) commits an offence. (3) A person who, in any one day, at any time during the months of October to December inclusive — (a) takes or permits any other person to take; (b) has in his possession or control; (c) exposes or offers for sale, exchange or donation; or (d) purchases, more than three blue winged-teal (Anas discors) commits an offence. (4) A person who, at any time during the months of August to September inclusive — (a) takes or permits any other person to take; (b) has in his possession or control; (c) exposes or offers for sale, exchange or donation; or (d) purchases, more than twelve white-winged doves (Zenaida asiatica) commits an offence. PART 4 - GENERAL 10. Exemption from these Regulations 10. The Council may grant a person, in accordance with the National Conservation Act, 2013 [Law 24 of 2013], a permit or licence under which the person shall be exempt from these Regulations or any provision under these Regulations. 11. Spent 11. The previously published Schedule is spent. 12. Repeals 12. The following are repealed — (a) the Marine Conservation (Grouper Spawning Areas) Notice, 2011; (b) the Marine Conservation (Turtle Protection) Regulations (2008 Revision); Page 10 Revised as at 31st December, 2021 c National Conservation (General) Regulations (2022 Revision) Regulation 13 13. Transitional 13. All proceedings pending at the date of the commencement of the National Conservation (General) (Amendment) Regulations, 2021[SL 45 of 2021] in respect of offences committed or alleged to have been committed against regulation 9 of the National Conservation (General) Regulations, 2016 shall be continued and dealt with as if the National Conservation (General) (Amendment) Regulations, 2021[SL 45 of 2021] were not in force. Publication in consolidated and revised form authorised by the Cabinet this 11th day of January, 2022. Kim Bullings Clerk of the Cabinet c Revised as at 31st December, 2021 Page 11 National Conservation (General) Regulations (2022 Revision) ENDNOTES ENDNOTES Table of Legislation history: SL # Law/Act # Legislation Commencement Gazette 45/2021 National Conservation (General) (Amendment) Regulations, 1-Jun-2021 LG33/2021/s1 2021 56/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89/2020/s1 E6/2016 Erratum: National Conservation (General) Regulations, 2016 11-Aug-2016 GE65/2016/p1 42/2016 National Conservation (General) Regulations, 2016 11-Aug-2016 GE62/2016/s2 c Revised as at 31st December, 2021 Page 13 ENDNOTES National Conservation (General) Regulations (2022 Revision) Page 14 Revised as at 31st December, 2021 c National Conservation (General) Regulations (2022 Revision) ENDNOTES c Revised as at 31st December, 2021 Page 15 ENDNOTES National Conservation (General) Regulations (2022 Revision) (Price: $3.20) Page 16 Revised as at 31st December, 2021 c