ST. EUSTATIUS LOBSTER ORDINANCE 1966

AB1966, No. 01

Island Ordinance of November 10th, 1966 containing provisions on regulation of the lobster catch In the waters surrounding St Eustatius and on the regulation of the lobster trade on above-mentioned island (Lobster Ordinance 1966)

THE ISLAND COUNCIL OF THE ISLAND TERRITORY THE WINDWARDISLANDS, DEPARTMENT ST. EUSTATIUS:

Having taken into consideration that in the interest of the lobster catch it is desirable to make arrangements;

Keeping in mind the Island Ordinance of November 2nd, 1963 (A.B. 1963, no. 7) as it applies to Island of St. Maarten;

Has established the following Island Ordinance:

ARTICLE 1

Lobsters are understood to be the Crustaceans belonging to the Panulirus family, also known under the names langoustine, langouste, lobster, (spiny) lobster, crawfish.

ARTICLE 2

  1. It is forbidden to catch, kill, have, have dead or alive in stock for sale or for delivery, offer for sale, sell, buy, deal in, donate, deliver, transport, import or export lobsters in as far as these are smaller than the minimum size as determined below.
  2. The minimum size as meant in paragraph 1 concerns the front part of the lobster, termed the head chest area or cephalothorax, better known as the “cape”, whose length, measured across the back side, may not total less than 8 ¾ centimeters or 3 ½ inches.
  3. The prohibition in paragraph 1 is not applicable regarding persons as designated by the Executive Committee who have been granted special permission under certain conditions to transport or export lobsters for a scientific, educational or other purpose.
  4. Live lobsters caught that are below the minimum size must immediately be released.

ARTICLE 3

It is forbidden to catch or to kill lobsters with the assistance of skewers, spears or forks except when done as an individual sport.

ARTICLE 4

It is forbidden to buy lobsters with the objective to sell, deal in, deliver, transport, import or export them without being in the possession of a Governor’s permit. The Executive Committee establishes the permit’s format.

ARTICLE 5

  1. Violation of the prohibitions in Articles 2, 3 and 4 is punished with imprisonment for a maximum of one month or a monetary fine for a maximum of ANG two hundred.
  2. Animals that have been acquired in violation of the provisions as meant above are seized and can be confiscated.
  3. The permit as meant in Article 4 can be revoked at the sentencing because of any action contrary to the provisions of Article 2.

ARTICLE 6

The criminal acts in this Ordinance are deemed to be offences.

ARTICLE 7

Besides the persons so indicated by the Code of Criminal Procedure of the Netherlands Antilles, the following persons are also in charge of tracking down the criminal acts in this Ordinance:

(a)Customs officials,

(b)other persons as designated by the Executive Committee.

ARTICLE 8

Monitoring of the enforcement of the provisions of this Ordinance is assigned to an official as designated by the Executive Committee.

ARTICLE 9

This Ordinance can be referred to as “Lobster Ordinance 1966”.

Thus established in the meeting on St Maarten November 10th, 1966.

I proclaim this Island Ordinance in accordance with the provisions of P.B. 1951 no. 117 Article 3, on this day November 14, 1966.

The Lieutenant Governor J.J. Beaujon.

* The permit’s format as meant in Article 4 was determined by means of a General Island Resolution dated February 14th, 1967 (A.B. St. Eustatius 1966, No. 3).

* By means of a General Island Resolution dated February 14th, 1967 (A.B. St. Eustatius 1966, No. 2) the date the Ordinance came into effect was determined to be March 2, 1967.