Turtles are fishes too! Six things you should know about Trinidad and Tobago's Fisheries Management (No.2) Bill of 2020.

The Fisheries sector is a sub-sector of Agriculture that contributes to roughly 3% of Trinidad and Tobago's GDP, and employs roughly 40,000 people involved in direct harvesting of aquatic organisms and down-stream processing. Trinidad and Tobago's Fisheries Act Chap 67:51 has been in effect since 1916 and is the standing law that governs the sector. Unable to keep up with the drastic changes to technology, population growth and international law during the 20th century, it has not been able to prevent the unsustainable exploitation and decline in our stocks of aquatic life. As a matter of fact, in 2016 - on the 100th anniversary of the Act's assent - Trinidad and Tobago was given a "yellow card" by the European Union for being a "non-cooperating state in the global fight against Illegal, Unreported and Unregulated (IUU) fishing" due in large part to its antiquated legal framework. Yikes!

It is in this context that a Joint Select Committee of Parliament is currently reviewing the Fisheries Management (No.2) Bill of 2020. The Bill sits 402 pages tall and comprises of 20 parts, 242 clauses and a schedule of penalties. Unless you have got a Buffett-esque habit of reading, this is a lot for anyone to handle. Luckily, I have the cliff notes to help you get on top on the Bill.

Here are 6 things you should know about the Fisheries Management (No.2). Bill of 2020:

1. The Bill requires a special majority in Parliament to repeal and replace the Fisheries Act. Because the prospective Fisheries Management Act of 202X is inconsistent with our protected freedoms and rights under Sections 4 & 5 of the Constitution, it requires a three-fifths majority vote at both the Senate and House of Representatives before it can advance to Presidential Assent. The Bill applies to waters within the boundaries of Trinidad and Tobago as well as waters beyond the jurisdiction of Trinidad and Tobago. The extra-jurisdictional nature of the Bill and provisions that allow for the warrantless search, seizure and/or arrest by Authorized Officers based on reasonable belief makes its demanding of special care and focused thought.
2. The Bill defines "fish" as ANY aquatic organisms, or part of any aquatic organism, at any stage of its development. Because any aquatic creature that can be harvested for food or for fun is part of a fishery, legislators of yore squeezed them all under the legal definition of a "fish". The 1916 Act was limited to aquatic animals (fauna) but the proposed Bill expands the definition to include plants such as algae; parts of organisms such as coral and shells; and all stages of development such as fish roe and turtle eggs. Under this law a 'fish' can be a turtle, shrimp, shark, egg, squid, coral or even sea grass. If you gather sea moss, oysters or crab for sale or recreation, you may not be aware that this law applies to you too!

Picture above illustrates the range of creatures captured under the legal definition of "fish". Source: Quora.

1. The Bill restructures Fisheries governance for Trinidad and for Tobago. The former Act only defined responsibilities to the Minister with responsibility for Agriculture, and that of 'fisheries officers' which was presumably applicable for both islands of Trinidad and Tobago. The proposed Fisheries Management Act is a framework Act akin to the Environmental Management Act Chap. 35:05. The two are alike in that they give their designated Ministers the power to create subsidiary regulations, and mandates the creation an Authority, Trust Fund and an Appeals Mechanism. The Fisheries Management (No. 2) Bill calls for the creation of a Fisheries Inspectorate to be responsible for permitting and enforcement of fisheries laws and treaties; establishes a Fisheries Management Fund overseen by a Trinidad and Tobago Fisheries Financial Board; and establishes an Appeals Committee to address disputes arising from the decisions of made under the provisions of the Act. A unique feature of the Fisheries Management (No.2) Bill is that it creates parallel hierarchies of governance for Trinidad and for Tobago. The Secretary responsible for Fisheries in Tobago is given equal parity to the Minister responsible for Fisheries in Trinidad. Beneath them are the equally powerful Director of Fisheries (Tobago) and Director of Fisheries (Trinidad) respectively. Both directors preside over their own island's branch of the Fisheries Inspectorate. It is a situation unlike anything previously seen before in Trinidad and Tobago law.
2. The Bill gives the Minister/Secretary responsible for Fisheries great powers for Fisheries Management and Development. For their respective "fisheries waters", both can legally demark areas as "designated fisheries" which are governed by fisheries management plans, or other appropriate measures deemed appropriate. Additionally, they have the power to prohibit all or some people (though not a 'class of people') from fishing certain types of fish, using certain types of gear, or undertaking fishing-related activities permanently or for a specified period. The decision to exercise these powers are done following the advice of their Directors, and following consultation with public and key stakeholders. Such decisions must be made in alignment with guiding principles set out clause 6 of the Fisheries Management (No. 2) Bill, 2020. The Minister is also granted the power to review subsidies for the fisheries sector to ensure there are no perverse incentives operating counter to the objectives of the Act.
3. The Bill establishes a very robust regulatory, permitting, and monitoring system for people engaged in fishing and fishing-related activities. Almost every aspect of fishing (defined as the harvesting of "fish") requires some form of registration, license, permit or authorization which allows for the activity provided certain conditions are met. Breaching the clauses of this proposed Bill can result in of fines ranging from $2,000 TTD to $21 million TTD plus a prison sentence, depending on the severity of the breach. Remember those days of going to the river and throwing a line to see what bites? Or maybe digging in the beach sand to collect chip-chip? That can cost you $10,000 TTD if you do not have your non-vessel recreational fishing permit. Conducting research on the medicinal properties of seaweed without a fish bioprospecting permit can get you a fine of $35,000 TTD - $1 million TTD. If you are discovered to be committing "seafood fraud" by misrepresenting the quality of your "fish", you face a maximum penalty of $1 million TTD and 1 year in prison. Operators of foreign ships found fishing in our waters without their commercial foreign fishing vessel license upon summary conviction will have to pay up to $21 million TTD and spend 5 years in prison. The schedule of penalties literally takes up 200 pages of the Bill. Additionally, great responsibility is placed on the masters of licensed fishing vessels who are required to install mobile transceiver units which give real-time location data of vessels, and to provide reports to the Director when requested.
4. The Bill confers great powers of arrest, search and seizure to Authorized Officers. Authorized Officers are issued special identification cards by the Minister/Secretary and are granted general powers within Trinidad and Tobago, our "fisheries waters", and waters outside the jurisdiction of Trinidad and Tobago under certain circumstances. Where they have reasonable belief that an offence under the Act as occurred, Authorized Officers can at any time, without warrant: stop, enter, and search any craft of premises except for premises used exclusively as a dwelling house; inspect any article, record or device; detain persons while conducting searches; seize anything that may have been used in committing an offence or that is evidence of an offence provided that a written receipt is made; question anyone in relation to matters under the scope of the Act; arrest someone believed to have committed an offence or is likely to commit an offense. They are justified to use "such force as may be reasonably necessary" in exercising their powers.

With over 100 years of gaps to close, the Bill does a good job of presenting a modern approach to managing the Fisheries Sector. It contains all the right parts to ensure we achieve our international obligations under United Nations Sustainable Development Goal 14, the United Nations Convention on the Law of the Sea, and United Nations Fish Stock Agreement, among others. Still, there are many opportunities for enhancement that can shape it into an undeniable watershed moment for environmental management in Trinidad and Tobago.

For example, clause 35(1) on the topic of 'Management Objectives for fisheries' states "priority may be given to long-term sustainability of the fisheries resource, as qualified by relevant environmental and socio-economic factors and the impacts of climate, including climate change and variability on the resource". In legalese the word 'may' is permissive, indicating that which follows is optional. On the other hand, 'shall' is an imperative command, indicating that which follows is mandatory. So, to say that priority 'may' be given to the long-term sustainability of fisheries in a Bill which describes itself on page 1 as a "An Act to provide for the long-term sustainability of fisheries..." is self-defeating to say the least. Changing 'may' to 'shall' ensures that fisheries management plans stay true to the objective of the Act. It will also make the Fisheries Management Act of 202X the first piece of legislation in Trinidad and Tobago to mandate the consideration of climate change in natural resource management - something long advocated at the policy level through the National Climate Change Policy (2011) and National Environmental Policy (2018) but never before seen in law.

The Joint Select Committee of Parliament asked the public to follow these guidelines and share comments with them by 20th December 2020 via jscfisheries@ttparliament.org. While I would not suggest submitting comments unless you have taken the time to read the Bill directly, I would love to know your thoughts on the matter.

Are you excited about the Bill? Are you concerned? What are the opportunities for improvement? Leave a comment below or hit the blue CONNECT button and shoot me a message.

#FisheriesManagementBill #FisheriesManagementAct #Trinidad #Tobago #JSC

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Ryan Assiu is a Sustainable Development and Climate Change Specialist by qualification, Program Coordinator by experience, and Educator by passion. He is on a journey to discover his authentic professional identity which has taken him to companies, CSOs and governments throughout the Caribbean. His writings focus on sharing his experiences and knowledge on a wide range of environmental topics relevant to Small Island Developing States (SIDS) such as his home country of Trinidad and Tobago. Follow him on LinkedIn @ Ryan Assiu | LinkedIn