Fisheries Act No. 11 of 1987

The Fisheries Act No. 11 of 1987 is a significant legislation in Dominica, enacted to promote and regulate fishing activities within the nation’s fishery waters. This Act provides a comprehensive framework for the sustainable management and development of marine resources, ensuring that fishing practices contribute positively to the country’s economy while preserving aquatic ecosystems. ​

Key Provisions of the Fisheries Act No. 11 of 1987

The Act encompasses several critical areas:

1. Fisheries Management and Development: The Act mandates preparing a fisheries management and development plan. This plan identifies each fishery, assesses its current exploitation status, sets management objectives, and outlines measures to achieve these goals. It also establishes licensing programs for both local and foreign fishing operations.
2. Licensing Requirements:
   • Foreign Fishing Vessels: Foreign vessels are prohibited from fishing or related activities in Dominica’s waters without a valid foreign fishing license. Applications for such permits must be submitted in the prescribed form, and the issuance is contingent upon existing access agreements between Dominica and the vessel’s flag state or associated entities.
   • Local Fishing Vessels: Local fishing vessels must possess a valid local fishing license. Exemptions are provided for vessels used exclusively for sport fishing or research purposes. The Act specifies the grounds on which a local fishing license application may be refused, such as non-compliance with safety standards or potential over-exploitation of resources.
3. Marine Reserves and Conservation Measures: The Minister can declare any area of the fishery waters, and adjacent lands if necessary, as marine reserves. These reserves aim to protect flora and fauna, allow for the regeneration of aquatic life, promote scientific research, and preserve natural beauty. Activities like fishing, dredging, or construction within these reserves are restricted to safeguard the ecosystems.
4. Enforcement Provisions: Authorized officers, including fisheries officers, customs officers, and police officers, are empowered to enforce the Act. They can board and search vessels, inspect documents and fishing gear, and seize items used in committing offenses. The Act also outlines penalties for violations, such as fines, imprisonment, and forfeiture of vessels and equipment.
5. Regulations and By-Laws: The Act grants the Minister the power to make regulations for the management and development of fisheries. This includes licensing procedures, conservation measures like mesh sizes and closed seasons, safety standards, and the establishment of marine reserves. Additionally, local fisheries management authorities can be designated to create by-laws tailored to specific areas, further promoting sustainable practices.

Institutional Framework

Under the Fisheries Act, the Fisheries Division was established within the Ministry of Agriculture, Fisheries, Blue and Green Economy. This division is responsible for implementing the Act’s provisions and managing marine resources. Its functions include research and development, extension and training, education, and public awareness. The division’s mission is to create an enabling environment for employment, enhance food security, reduce poverty, and contribute to economic diversification in Dominica.

Impact and Significance

The Fisheries Act of 1987 has been instrumental in shaping Dominica’s fisheries sector. By establishing clear guidelines for sustainable fishing practices, licensing, and conservation, the Act protects marine ecosystems while supporting the livelihoods of those dependent on fishing. It reflects Dominica’s commitment to balancing economic development with environmental stewardship, aligning with global efforts to promote sustainable fisheries management.​

The Fisheries Act No. 11 of 1987 is Dominica’s cornerstone of fisheries governance. It provides a structured approach to utilising and conserving marine resources for present and future generations.