Dominica

38. (1) The Minister may make Regulations generally for the management and development of fisheries in the fishery waters, and in particular, but without limiting the generality of the foregoing, may make Regulations for all or any of the following purposes: ... (f) control and licensing sport fishing in the fishery waters; (g) regulating the use of scuba gear; (h) regulating or prohibiting the use of spear guns or other similar device;

22. (1) The Minister may, by Order, declare any area of the fishery waters and, as appropriate, any adjacent or surrounding land, to be a marine reserve where he considers that special measures are necessary (a) to afford special protection to the flora and fauna of such areas and to protect and preserve the natural breeding ground and habitats of aquatic life, with particular regard to flora/fauna in danger of extinction; (b) to allow for the natural regeneration of aquatic life in areas where such life has been depleted; (c) to promote scientific study and research in respect of such areas; or (d) to preserve and enhance the natural beauty of such areas. (2) Any person who, in any marine reserve, without permission granted under subsection (3) (a) fishes or attempts to fish; (b) takes or destroys any flora and fauna other than fish; (c) dredges, extracts sand or gravel, discharges or deposits waste or any other polluting matter, or in any way disturbs, alters or destroys the natural environment; or (d) constructs or erects any buildings or other structures on or over any land or waters within such a reserve, is liable on summary conviction to a fine of five thousand dollars and, in default of payment thereof, to imprisonment for twelve months.

24. (1) Any person who (a) permits to be used, uses or attempts to use any explosive, poison or other noxious substance for the purpose of killing, stunning, disabling or catching fish, or in any way rendering fish more easily caught; or (b) carries or has in his possession or control any explosive, poison or other noxious substance in circumstances indicating an intention of using such explosive, poison or other noxious substance for any of the purposes referred to in paragraph (a), is liable on summary conviction to a fine of one thousand dollars and, in default of payment thereof, to imprisonment for six months.

"fishing" means fishing for or catching or taking or killing fish by any method or placing, searching for or retrieving any fish aggregating device and includes searching for fish;

MADE by the Minister under section 38 of the Fisheries Act, Chap. 61:60. (Gazetted February 15th, 2001.) 1. These Regulations may be cited as the FISHERIES (MARINE RESERVE) REGULATIONS 2001. 2. In these Regulations, "marine reserve" means the Soufriere/Scott's Head Marine Reserve established under the Fisheries (Soufriere/Scott's Head Marine Reserve) Order 1998. 3. (1) A person shall not operate or engage in scuba diving, snorkeling or any other authorised aquatic activity in the marine reserve unless he pays the fees set out in the Schedule. (2) The fees referred to in subregulation (1) shall be paid to the Local Area Management Authority. 4. A person shall not (a) use a spear gun for the purpose of fishing in the marine reserve; (b) use a jet ski in the marine reserve; (c) water ski in the marine reserve; (d) undertake snorkeling or scuba diving activities in the marine reserve without a special permit issued for that purpose by the Chief Fisheries Officer; (e) moor, anchor or take any vessel or other apparatus used for transporting persons, into the marine reserve without permission to do so; ... (g) dispose of or dump any litter, soil, debris or pollutant in the marine reserve; (h) cause any pollutant to enter the marine reserve; or (i) operate any water sports activity in the marine reserve unless (i) he is registered by the Local Area Management Authority to do so; (ii) he is the holder of a valid licence issued by the Chief Fisheries Officer. ... 6. A person who contravenes any of the provisions of these Regulations commits an offence and is liable on summary conviction to a fine not exceeding three thousand dollars and in default to twelve months imprisonment.