Legal Framework

Markets and Slaughterhouses Act (1958):

• Barbados Territorial Waters Act (1977):

 • Marine Boundaries and Jurisdiction Act (1978):

 • Defense Act (1979):

 • Shipping Act (1994): Repealed by Merchant Shipping Act, 2024

Merchant Shipping suite of laws

Merchant Shipping (Liability and Compensation) Act, 2024.

(a) Merchant Shipping Oil Pollution Prevention) Regulations;

(b) Merchant Shipping (Chemical Pollution Prevention) Regulations;

(c) Merchant Shipping (Sewage and Garbage Pollution Prevention) Regulations;

(d) Merchant Shipping (Port Waste Reception Facilities) Regulations;

(e) Merchant Shipping (Control of Harmful Anti-fouling Systems in Ships) Regulations;

(f) Merchant Shipping (Ballast Water and Sediment Management) Regulations;

(g) Merchant Shipping (Underwater Noise Reduction) Regulations;

(h) Merchant Shipping (Tonnage) Regulations;

(i) Merchant Shipping (Load Lines) Regulations;

(j) Merchant Shipping (Emergency Position Indicating Radio Beacon Devices) Regulations;

(k) Merchant Shipping (Ships’ Medical Stores);

(l) Merchant Shipping (Maritime Accident and Incident Investigation) Regulations;

(m) Merchant Shipping (Allision and Collision) Regulations;

(n) Merchant Shipping (Wreck Discoveries and Sunken Military Craft) Regulations;

(o) Shipping (Ship and Port Facility Security) Regulations;

(p) Merchant Shipping (Ferrying) Regulations;

(q) Merchant Shipping (Vessel Fees) Regulations;

(r) Merchant Shipping (Flag State Control) Regulations;

(s) Merchant Shipping (Port State Control) Regulations;

(t) Merchant Shipping (Coastal State Control) Regulations;

(u) Merchant Shipping (Vessel Surveys and Certification) Regulations;

(v) Merchant Shipping (Administration of Maritime Instruments) Regulations;

• Coastal Zone Management Act (1998):

• Marine Pollution Control Act (1998):

According to PART II Clause 5 of the Draft Bill, the Minister responsible for fisheries is responsible for the administration of the Bill. This includes the following powers which he may exercise:

(i) Provide direction and guidance on matters within the scope of the Act in consultation with the Chief Fisheries Officer;

(ii) Publish approved fisheries policies and management measures in the Official Gazette;

(iii) Approve work plans, budgets, and annual reports related to fisheries, aquaculture, and mariculture.

(iv) Make regulations for the management and development of fisheries in Barbados.

(v) Prescribe fees for services provided to fisherfolk by the government.

(vi) Consult with the Chief Fisheries Officer, other authorities, or stakeholders on fisheries matters.

(vii) Represent Barbados at regional and international fisheries forums when necessary.

In addition, Clause 7 states that the function of the Chief Fisheries Officer is to:

(i) Manage, conserve, and develop fisheries, including public fish markets, boatyards, and seafood handling facilities.

(ii) Safeguard fisheries and other marine living resources and their habitats.

(iii) Provide advice to stakeholders in fisheries, aquaculture, and mariculture sectors.

(iv) Optimize the economic and social benefits from fisheries resources, aquaculture, and mariculture production.

(v) Facilitate the development of the international seagoing fishing sector.

(vi) Advance the seafood and seafood product export sector, promoting regional and international trade.

(vii) Provide guidance to the Minister on the management and development of the fisheries sector.

Part III Clause 8(1) establishes the Fisheries Advisory Council to advise the Minister and make recommendations on fisheries matters, including:

(i) Aquaculture conservation, management, and development.

(ii) Mariculture conservation, management, and development.

(iii) Effective use of livelihood assets.

(iv) Combating vulnerabilities impacting the fisheries sector.

Further, the First Schedule outlines the constitution and other aspects related to the Council.

Part IV establishes Fisheries Management and Development. The Management Objectives are as follows:

(i) Fisheries, aquaculture, mariculture resources, and other livelihood assets must be developed, managed, and conserved according to the Act.

(ii) Conservation and management measures should be developed in consultation with stakeholders and may be implemented through enactments or other methods approved by the Minister.

The Chief Fisheries Officer, in consultation with stakeholders, must prepare, implement, and review a fisheries management plan (Sustainable Management and Development Plan) for effective management, development, and sustainability of fisheries. This will entail:

(i) Defined goals for management and development and the fisheries management plan

(ii) Assessment of strengths, weaknesses, opportunities, and threats.

(iii) Measures for long-term sustainability.

(iv) Action plan for rebuilding over-fished fisheries.

(v) Strategies for developing and sustainably using livelihood assets, collecting data, involving stakeholders, and safeguarding the fishery resource and ecosystems from negative impacts.

(vi) Plans to combat illegal, unreported, and unregulated (IUU) fishing and prevent overfishing and ecosystem degradation.

(vii) Ensuring a safe and sustainable supply of seafood.

(viii) Implementation strategies and research needs.

Persons engaged in fishing and related activities must comply with the management plan, except when deviation is necessary to save life or protect the marine environment. To ensure the effectiveness of the plan, The Chief Fisheries Officer shall propose draft amendments to the plan, which the Minister may approve and publish. A full review of the plan must be carried out every five years.

The Chief Fisheries Officer under the SFMD Act shall maintain lists of endangered and threatened species. The following are the Protection Measures provides that:

(i.) It is prohibited to hunt, capture, possess, trade, intentionally kill, injure, or harass endangered species.

(ii.) Accidental catches of prohibited species must be reported and released immediately with minimal injury.

(iii.) Violations can result in fines up to $100,000 or imprisonment for up to two years, and offenders may be ordered to undergo training in fisheries management or make financial contributions to species restoration.

The Act also outlines the prohibited fishing gear and fishing methods according to Part VI, Clause 23 (1) which includes but is not limited to the use of:

(i) any fish aggregating device unless authorized;

(ii) Any firearm, electric shock device, explosive, poison, or other noxious substance; or

(iii) Any other object used for disabling, killing, or rendering fish more easily caught.

Further, persons cannot land, sell, receive, or possess any fish caught by any prohibited means. The Minister, after consultation with the Chief Fisheries Officer, must publish a list of all prohibited fishing gear and methods in the Official Gazette. Any prohibited gear caught in use can be seized under the Act.

In an effort to protect the marine environment from dangerous and harmful pollution, the Act provides that no person shall introduce any deleterious matter or noxious substance harmful to fish or the marine environment into any fishing area. If the owner or master of a fishing vessel accidentally introduces or encounters such matter or substance in fishing waters, they must immediately report the incident to the Chief Fisheries Officer. This is further qualified by managing the design of fishing vessels and pollution prevention equipment by ensuring that all fishing vessels after enactment of the Act comply with MARPOL 73/78, as amended, including design and pollution prevention equipment provisions, and be operated in compliance with MARPOL 73/78, as amended.

Further, the Act manages discharge of pollutants from fishing vessels such as any oil, plastics, synthetic ropes or fishing nets, or other pollutants or harmful substances into Barbados waters. This offence carries a fine of $500,000 or to imprisonment for 5 years, or to both, on conviction and the offender must pay the cost for the cleanup operation. Additionally, ballast water containing non-indigenous harmful aquatic organisms or pathogens cannot be discharged into Barbados waters. This also carries a fine and or imprisonment. Owners or masters discharging ballast water in Barbados waters must comply with any voluntary or mandatory ballast water management requirements issued by the International Maritime Organization (IMO).

Clause 41 of Part VIII allows the Chief Fisheries Officer (CFO) to put measures in place to ensure compliance with international requirements regarding fishing gear pollution regulation. Specifically,

(i) Prevent, reduce and control pollution by fishing gear;

(ii) Ensure environmentally sound management of fishing gear in accordance with the Basel Convention on the Control of Transboundary Movements of Hazardous Waste and their Disposal;

(iii) Prohibit discharge of synthetic rope fishing nets in accordance with the MARPOL (define)

(iv) Compliance with FAO Conduct for Responsible Fisheries; the FAO Voluntary Guidelines for the Marking of Fishing Gear (VGMFG) and

(v) enhancing enforcement of IUU (define) under the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing

In addition, Clause 42 includes marking and logging fishing gear, establishing producer responsibility schemes, training and capacity building of fishers, requiring immediate retrieval of lost fishing gear, implantation of buoys attached to certain types of fishing gear, bringing fishing gear into circular economy through development of national standards thon the circular design of fishing gear.

The Act sets out an observer programme “for the purposes of collecting and reporting reliable and accurate information for scientific, management and compliance purposes, including inter alia :

(i) The information collected by the fisheries observers is to remain confidential and be accordance with data protection provisions of the act;

(ii) The operator and licence holder on which a fisheries observer is placed shall provide safe facilities for the crew onboard;

(iii) A notice will be issued to the owner, master or agent of the fishing vessel noting the intention to place the fisheries observer onboard or at the facility and the period for which the observer will remain on the vessel

(iv) Owners, agents or masters are prohibited from going out to sea without taking onboard the fisheries observer or refusing to take/allow the fisheries observer onboard.

This part concerns the inspection of a Barbados registered commercial fishing vessel. The inspection is conducted on dry dock twice in a 5 year period with an interval not exceeding 3 years.

Annual fishing vessel surveys are required before clearance is given to proceed to sea. This survey is also a requirement for the issuance of a work-in-fishing compliance certificate. No fishing vessel will be put into services unless a certificate of seaworthiness is issued in respect of that vessel.

The registration of fishing vessels in Barbados is a crucial process that ensures all vessels engaged in fishing or related activities are properly documented. This includes maintaining a comprehensive register of all Barbados fishing vessels, categorising them into different classes, and assigning appropriate names. The registration process involves applying, after which a certificate of registration is issued. This certificate must be displayed on the vessel and is subject to renewal, replacement, suspension, or cancellation based on compliance with regulations.

Provisional Registration and Construction Certificates

For vessels that are not yet fully registered, provisional registration is available. This requires a separate application and results in a provisional certificate of registration. Additionally, vessels under construction can obtain a construction certificate of registration, ensuring they are monitored and regulated even before they are fully operational.

Vessel Monitoring Devices

All registered fishing vessels are required to carry vessel monitoring devices to ensure compliance with fishing regulations and safety standards. The master of the vessel must report any malfunctioning of these devices, and tampering with them is strictly prohibited. This monitoring is essential for maintaining the integrity of fishing activities within Barbados waters.

Operational Requirements and Insurance

No person is allowed to operate a fishing vessel or any sea-going craft used for fishing in Barbados waters without proper registration and a valid certificate. Additionally, vessel owners must have insurance coverage or an equivalent form of financial security to protect against risks such as injury to third parties, damage to the vessel, loss of cargo, or loss of life. The insurance policy must meet the minimum coverage requirements as stipulated by international conventions.

Insurance Policy Requirements

The insurance policy or equivalent form of financial security for fishing vessels must provide coverage against various risks, including injury to third parties, damage to the vessel, loss or damage to cargo, and loss of life. The coverage amount must align with the limits of liability established under Article 15(2)(b) of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the 1996 Protocol. Specifically, coverage for claims related to loss of life or personal injury should be equivalent to 500,000 Special Drawing Rights (SDRs), while coverage for other claims should be equivalent to 250,000 SDRs. These requirements do not apply to vessels registered with the Barbados Maritime Transport Administration for Shipping and Water Sport Activities.

Register of Barbados Fishing Vessels

The Chief Fisheries Officer is responsible for establishing and maintaining a comprehensive register of all local fishing vessels, known as the “Register of Barbados Fishing Vessels.” This register includes detailed information about each vessel, such as the name, registration number, class, and type of vessel; the name and address of the owner, agent, or operator; and the vessel’s specifications, including construction material, hull colour, year and place of construction, dimensions, and tonnage. Additionally, the register contains engine specifications, type of fishing gear, fishing method, fish storage capacity, place of mooring, surveyor’s certificate details, and any previous registration suspension or deletion dates. It also includes a notarized bill of sale and particulars of any mortgages or similar charges on the vessel.

Inspection of the Register

The Chief Fisheries Officer is authorized to grant permission to individuals with a legitimate interest to inspect the Register of Barbados Fishing Vessels, upon payment of the prescribed fee.

Further, the Chief Fisheries Officer maintains a register for various classes of fishing vessels, including those operating locally, those under construction, and those that are laid up. There is also provisional registration available for fishing vessels.

Registration of Laid-Up Vessels

Individuals who temporarily take a fishing vessel out of service must apply to the Chief Fisheries Officer to register the vessel as laid up. The application must include the application fee, the vessel’s certificate of registration, written authorization from the vessel owner if an agent is applying, and any other required information. The Chief Fisheries Officer will register the vessel as laid up if all conditions are met and will issue a certificate of registration in laid-up status.

Compliance and Conditions for Laid-Up Vessels

Owners of fishing vessels registered as laid up must comply with any imposed conditions and the provisions of relevant laws. The vessel cannot be removed from its lay-up location unless a necessary vessel survey has been conducted by an approved marine surveyor after the lay-up period.

Seaworthiness and Operation of Laid-Up Vessels

A certificate of seaworthiness or endorsement must be issued for a fishing vessel after its lay-up period. No person is allowed to operate a fishing vessel registered as laid up, except for the purpose of a fishing vessel survey. Violating this regulation is an offence, punishable by a fine of $20,000, imprisonment for up to 3 months, or both.

Reactivating Registration Status

To reactivate a fishing vessel’s registration from laid-up status, the owner must surrender the Certificate of Registration of Vessel in laid-up status to the Chief Fisheries Officer and submit a certificate of seaworthiness or endorsement following a fishing vessel survey. If the previously surrendered certificate has not expired, it will be returned. If it has expired, the owner must apply for a new certificate of registration.

Naming of Barbados Fishing Vessels

Before registering a Barbados fishing vessel, the owner must choose a name and submit it to the Chief Fisheries Officer for approval. The name must not be the same as another registered fishing vessel, likely to deceive or be confused with another vessel’s name, or be objectionable or offensive to public morals. Similarly, Part dealing with Registration of Foreign Fishing Vessels deals with documentation for registering foreign fishing vessels. When the owner of a foreign fishing vessel wishes to bring the vessel into Barbados and register it, they must submit a prescribed application along with several key documents to the Chief Fisheries Officer. These documents include the vessel’s registration history, proof of third-party liability insurance or equivalent financial security, and details of the vessel’s present and past ownership, including names and citizenship. Additionally, the owner must provide the dimensions and colour of the vessel, the type and size of the engine, the fish storage capacity, and a recent survey report of the vessel.

Additional Requirements

The owner must also submit written evidence that the vessel has been removed from its last registry, has never been involved in illegal, unreported, or unregulated fishing, and is not listed on the International Commission for the Conservation of Atlantic Tuna’s list of illegal, unreported, or unregulated fishing vessels. A side and front profile photograph of the vessel and evidence of payment of the prescribed non-refundable application fee are also required.

Clauses 90 – 122 outline the registration process for international sea-going fishing vessels including the establishment of a Barbados International Fishing Vessel Registry Programme. Co-management arrangements for the vessel registry are also described. Clause 93 and 94 detail the procedures for the engagement and the roles and responsibilities of a Registrar of International Sea-Going Fishing Vessels including the development of a Registry to document the names, numbers and marks on international sea going fishing vessels (Clause 107). Guidance on the form of mortgages produced for registration of an international sea-going vessel is provided and the associated produces is outlined in clauses 110 – 116. The section ends with a list of applicable IMO conventions, FAO instruments, and international vessel safety standards that guide the registration process.

Clauses 123 – 126 make provisions for the process of registration of fish processing establishments including procedures for application and the list of documentation to be presented. Once satisfied that the documents are valid, the Chief Fisheries Officer can issue a certificate of registration and record the details in a register of Fish Processing Establishments.

Clauses 127 to 130 make provisions for the issuance of licences under the Act to prohibit fishing and the operation of a fishing vessel without permission. The application process for the issuance of a Barbados fishing vessel operator’s licence and guidance on the approval process is outlined.

Clauses 131 to 133 outline the terms and conditions and the application process for a commercial fishing licence and the procedures for the issuance and renewal of the licence. Clauses 134 to 136 outline the terms and conditions and application process for a recreational fishing licence and the procedures for the issuance and renewal of the licence.

Clauses 137 to 140 outline the terms and conditions and application process for a foreign fishing vessel licence and the procedures for the issuance and renewal of the licence.

Clauses 141 to 144 outline the terms and conditions and application process for a commercial aquaculture or mariculture facility licence and the procedures for the issuance and renewal of the licence. Guidance on the process for inspecting facilities and the procedures for granting or refusing a licence is clearly articulated.

The section ends with the procedures for the issuance of special licences for activities that necessitate a licence (Clause 145). The period of 3 months is outlined for special licences and the authority of the Chief Fisheries Officer to develop relevant terms and conditions as he deems necessary including the process of receiving written requests for extensions.

Clauses 187 to 208 outline a regime for ensuring that Barbados registered fishing vessels meet prescribed standards for safety requirements, ensure the seaworthiness and safe operations of the vessel, the health and safety of the crew and the quality of the catch. The application process is described in detail and guidance on the criteria for granting permission in writing for the construction, alteration, conversion or importation of a fishing vessel. The authority to inspect a vessel during the application process and procedures for suspension or withdrawal of permission is provided. The section also addresses the procedures for notification of change of ownership and changes in the description of the vessel. Other procedural steps are outlined to report the loss or destruction of a Barbados registered fishing vessel or removal from service and guidance on the documentation of such in the vessel register. The process for the certification of Fishing Vessel Builders and the associated documentation is outlined. The application process for the fishing vessel builder’s certificate of competency is documented in detail including penalties if a person contravenes subsection (1). Justifications for the suspension or revocation of a certificate are provided to ensure compliance with the provisions of the Act in clause 206. The section ends with procedures for the issuance of a fishing vessel builder’s certificate of origin and strategies for addressing the occurrence of fraudulent certificates.

Clauses 209 to 222 provide a framework for the proper management of fishing vessel boat yards to improve the cleanliness of the environs and promote best practices and operational protocols for implementation. Part XX details strategies, rules and fines and guidance on notices for addressing abandoned, derelict and stray fishing vessels. It is outlined that after a notice of fishing vessel abandonment or derelict vessel is served, the removal and disposal of the vessel can be facilitated after 90 days have passed. The Chief Fisheries Officer may direct the disposal of the vessel by public auction, vessel breaking/dismantling or any other means,

In the case of a stray fishing vessel, which is defined as a vessel without a boat master or operator at sea and constitutes a hazard to navigation, The Chief Fisheries Officer shall notify the Harbour Master when a report is received. Following the notification the Chief Fisheries Officer and shall arrange to deliver the stray vessel into the custody of the Harbour Master until claimed by the vessel owner. The Harbour Master should investigate the report of the stray fishing vessel and facilitate the mooring before determining the best way for removal or disposal.

Clauses 223 – 225 designates the competent authority for the official control of the safety of fish and fish products for human consumption as the Minister responsible for Health and outlines the roles and responsibilities including setting standards and monitoring compliance on the handling of fish. 

It allows for the prohibition of the sale or export of adulterated fish or fish products and the measures for the proper disposal or reuse of fish waste. Associated penalties are outlined for persons who fail to comply with the recommended strategies.

Provisions associated with fish quality and safety in the post-harvest sector are addressed in the Sustainable Fisheries Management and Development (Seafood Markets and Businesses) Act, 2025.

Clauses 226 – 254 The aquaculture and mariculture industry in Barbados is in its initial stages, but the potential for expansion has been clearly articulated in the Barbados Fisheries Policy. At the international level, the production of aquaculture has been reported to surpass the landings of marine capture. For this reason, a comprehensive framework for the management and development of the aquaculture and mariculture industry is outlined. It is recommended that a national policy is developed and adopted in consultation with the Director of the Coastal Zone Management Unit and stakeholders.

The policy developed will inform a plan that is binding and outlines strategies for the identification of suitable areas, methods and species for aquaculture and mariculture. investment schemes to support implementation. The particulars of binding, cabinet-approved aquaculture and mariculture investment schemes is detailed and compliance requirements outlined. Scheme restrictions are included to discourage projects that are detrimental to the cultural development or environmental, economic or social interests of Barbados. Provisions for the efficient operations of aquaculture and mariculture facilities are outlined including the prohibition of engaging in commercial aquaculture and mariculture without a licence. Procedures for the application for Licenses and permits will be detailed in subsidiary regulations.

A Code of Practice will complement the Aquaculture and Mariculture Management Plan to provide practical guidance for engaging in activities related to aquaculture and mariculture.

Clauses 255 – 265 outline guidance on the development of a climate change mitigation, adaptation and disaster risk management policy and plan in consultation with the Coastal Zone Management Unit and other relevant stakeholders. The plan is binding once adopted in accordance with this Act. The Policy and Plan should consider the direct and indirect impacts of climate change including changes in sea temperatures and impacts on fishery productivity. The Policy and Plan are aimed at the overall climate resilience in fisheries, aquaculture and mariculture.

The Act gives legitimacy to any actions, programmes or initiatives that support innovation in building climate resilience and mitigating, reducing or adapting to climatic impacts on fisheries, aquaculture or mariculture. Incentives to support climate change mitigation are outlined to be approved by the Minister responsible for finance to promote the reduction of greenhouse gas emissions. Actions to adapt to climate change impacts on fisheries sector should be implemented by The Minister in consultation with the Chief Fisheries Officer, fisherfolk and other key sector stakeholders. Actions may include but are not limited to capacity building activities to promote adaptive capacity, ensuring the construction of climate resilient infrastructure and financial improvement adaptation activities. The climate change mitigation, adaptation and disaster risk management policy and plan will include natural disaster and emergency considerations for the fisheries sector including strategies to address cross cutting issues affecting vulnerability and exclusion in the sector.

The Policy and Plan will detail recommendations on restoration in the local fisheries sector after any natural disaster including restoration of livelihoods and provision of safety nets and social security programs. More importantly, the policy and plan will be designed, developed and implemented with relevant technical experts to ensure a comprehensive regime is in place.

Clauses 266 – 268 makes provisions for the development of green fishing schemes with an accompanying benefit sharing agreement in consultation with the Minister responsible for energy and other stakeholders. The schemes are aimed at promoting greater renewable energy usage at several strategic points along the fisheries value chain including activities in the pre-, harvest and post-harvest sectors. The Chief Fisheries Officer is responsible for ensuring that equitable access and participation by fisherfolk is facilitated in marine renewable energy activities that support the energy transition of fishing fleets and other aspects of the fisheries sector. Benefit sharing agreements are to be designed in consultation with the Minister responsible for Energy and stakeholders that specify environmental considerations and general provisions for energy performance standards where applicable.

Clauses 269 – 272 supports a gender equality, equity and diversity in fisheries programme to be developed in consultation with relevant stakeholders including the Women in Maritime Association of the Caribbean, Barbados Chapter. The programme should explore and enhance ways in which fisheries offer entry points and a platform to promote gender equality, equity and diversity among women, girls, men and boys. Overall, the programme will promote and integrate gender considerations, as part of the sustainable fisheries management and development activities. A report on gender equality, equity and diversity in the Barbados’ fishing sector should be submitted annually to the Bureau of Gender Affairs to highlight activities undertaken to mainstream gender in fisheries and provide fisheries specific gender-based data and information. The programme should also support the inclusion and implementation of fisheries sector specific gender responsive actions in nationally determined Contributions. The part ends with the recommendation for a collaboration with the Bureau of Gender Affairs to support the implementation of the provisions outlined in the programme.

Clauses 273 – 275 makes provisions for the establishment of a fisheries cooperative for the benefit of the fishing industry to enable socio-economic transformation in the fisheries, aquaculture and mariculture sectors. The main functions of the fisheries cooperative outlined include inter alia raising capital through share, deposits and borrowings, provision of loans, mortgages and other financial services to fishers and the provision of research and publication services to the fisheries cooperative. The part ends with a clear directive that fishers are to be educated and trained on the management and operation of fisheries cooperatives to ensure benefits through full participation.

Clauses 276 – 279 outline an innovative regime that allows companies engaged in fisheries related business in Barbados to take corporate social responsibility actions to support sustainability efforts in the fisheries sector. Actions including working with government and other relevant fisheries organizations and other key stakeholders to develop a common understanding of issues plaguing the local fisheries sector and partnering to address the issues identified. Procedures for reporting and the implementation of a corporate watch and verification system are detailed to ensure transparency by companies and the accuracy of information provided. Incentives for companies that undertake corporate social responsibility in the local seafood industry are to be proposed to the Chief Fisheries Officer for consideration by the Minister responsible for fisheries. Incentives proposed are then to be approved by the Minister responsible for Finance who has the sole discretion to make a final determination on the incentives to be granted.

Clauses 280 – 288 provide a regime for the management of fisheries associated with Fish aggregating devices (FAD) to ensure their long-term biological and socio-economic sustainability. The Chief Fisheries Officer in consultation with relevant stakeholders will develop a FAD management plan that includes measures to fisheries-based food security, strategies to improve revenue and mechanisms to counteract the negative impacts of FADs, effective data collection methodologies and a system for FAD equipment repair and maintenance. Licensing, training and certification schemes for FAD fishers are also to be included into the plan that support a framework for formalising and legitimising a co-management system for FAD fisheries. Procedures for the adoption and implementation of the plan and periodic review are outlined. Additional aspects of the plan include measures to maintain a FAD logbook and the development of a register of FAD locations. The registration and licensing regime defined indicates that separate registers for government-owned FADs and privately owned FADs are kept and that licences are issued based on the ownership. FAD registration procedures and associated fees are to be developed by the Minister in consultation with the Chief Fisheries Officer.

Clauses 289 – 291 detail that fisheries specific marine spatial planning and management activities shall take into account the spatial needs of the fisheries sector including zones for critical fisheries and marine living resources habitat designations, no trawl areas, Fish Aggregating Devices fisheries, and fishery closure areas. The Chief Fisheries Officer in consultation with relevant stakeholders should carry out fisheries specific marine spatial planning and management activities. This constitutes that spatial and temporal considerations are factored into the fisheries planning processes and documented in plans for specific fisheries.

Clauses 292 – 302 outline a regime for the economic diversification of Fisherfolk through Payments for Ecosystem Services (PES). The Chief Fisheries Officer in consultation with relevant stakeholders can develop fisheries specific Payment for Ecosystem Services schemes in an effort to support economic diversification. A register of persons participating in the schemes will be developed and maintained to ensure effective regulation of the schemes and associated participants. The relevant information will be published in a fishing industry notice including inter alia buyers and sellers and matters to be contained in fisheries specific PES contracts and guidance to ensure that cash-for-conservation activities do not create environmental and ecosystem problems. The approval process for PES schemes is detailed including the precautionary measure of launching a pilot scheme before finalizing a permanent arrangement. Clause 299 outlines the activities that fisherfolk can engage in for their economic benefit that may relate to PES schemes including fishing for marine litter, removal of invasive species or activities to mitigate and adapt the fisheries sector to climate change impacts. Specific training requirements for participants are recommended to be outlined in a “Code of Practice for Persons Participating in Marine PES Schemes.” Benefit sharing from ecosystem services are to be promoted to enhance the management of natural ecosystems, ensuring that PES arrangements are tailored to a particular scheme and ensure fair and equitable benefits.

The known nutritional value as well as its reputed benefits have made sea moss a prized food for many Barbadians for centuries. However, wild stocks of sea moss have declined significantly and in more recent times leading to a number of attempts to cultivate sea moss for small-scale commercial purposes. Some of these enterprises were quite economically successful. To this end a sea moss cultivation programme is established under this section (Clauses 303 to 311). In this context the section also outlines the framework for regulating sea moss farming, harvesting and production activities on the island through inter alia permit and licensing requirements for persons involved in the harvest and post-harvest of sea moss, registration of persons involved in sea moss cultivation; the development of appropriate instruments including reporting requirements, the articulation of a code of practice for cultivation as for management as well as well as developing initiatives for the development of local sea moss culture to the beneficial interest of participants in the programme. 

Illegal, unreported or unregulated fishing threatens the viability of fish stocks, marine biodiversity, food security and livelihoods, and is often associated with organized crime. This section (Clauses 312 to 322) includes the strategies that will be used to combat IUU fishing in the waters Barbados or Barbadian vessels fishing outside of Barbadian waters. This includes the criteria used to define the specific pertinent IUU activities and related punitive actions including the imposition of significant fines or terms of imprisonment. It details the information required to be provided in advance for foreign vessels requesting port entry, inspection procedures and the reporting requirements for such inspections in relation to IUU fishing, and furthermore the requirements for the training of officers engaged in IUU fishing inspections.

Transshipment of fish specifically refers to the direct transfer of any quantity of fish onboard from one vessel to another vessel regardless of the location of the event, without the fish being recorded as landed. Transshipment of fish often occurs at sea and regulation of this activity is of particular importance to combatting IUU fishing as unregulated and unmonitored transshipment activities are a major means of “laundering” illegal fish catches. This section (Clauses 323 to 332) articulates the measures to be used to regulate and monitor fish transshipment activities. To this end, after consultation with the Chief Fisheries Officer the Minister will provide appurtenant guidelines that ensure that transshipment activities conform to international law and best surveillance, monitoring and surveillance practices and standards. This includes inter alia that all transshipment activities are first duly authorized through obtaining the relevant licenses issued by the Chief Fisheries Officer in concordance with the regulations and conditions detailed in the Act.

To facilitate adequate monitoring the Chief Fisheries Officer must be advised of the pending event in advance and provide all relevant details of the vessels involved and records including catch quantities and such information needed for traceability purposes to ensure the legality of the vessels involved in the transshipment and the catch. Post-event reporting requirements and protocols are also presented in this section. Relevant procedures and requirements for effectively monitoring the event in its entirety including the mandatory supply of all relevant documentation are also detailed in this section. Procedures for sharing transshipment data and information, including in respect of Barbados registered vessels among all relevant States and RFMOs will be established.

Marine living resource crime includes a wide range of illegal activities that cause harm and destruction to habitats and ecosystems and hinders efforts to sustainably manage marine resources. Specific marine living resources are clearly identified in this section (Clause 333) and include the well-known relevant crimes such as illegal fishing and environmental pollution but also includes the relatively new topic of illegal bioprospecting for marine genetic resources and other marine living resources. The penalties for these crimes are included.

Seafood traceability is the ability to trace a product from its point of sale back to its point of origin. Traceability is an important procedure both for ensuring that fish products from IUU fishing are not channelled into or through Barbados as well as ensuring the quality of fish and fishery products through the production chain. Traceability is achieved through careful documentation, record-keeping, and appropriate handling protocols during processing, shipping, and receiving of fishery products. To this end this section (Clauses 334 to 348) mandates that the Chief Fisheries Officer in consultation with stakeholders develop an effective and mandatory fish catch documentation scheme that will entail compulsory adequate record-keeping and reporting at all stages of the fisheries supply chain, along with development of a national online database to facilitate the required tracing of fish and other seafood products. The need for inter-regional cooperation mechanisms such as creation of a regional register and the establishment of harmonized minimum terms and conditions for foreign fishing vessel access through fishing access agreements to strengthen compliance and enforcement in the context of traceability is expounded. The Chief Fisheries Officer is instructed to design and develop eco-labelling schemes for fish and other seafood products from capture fisheries, in accordance with established international standards and best practices. The offences of document and fish and seafood fraud are described and relevant penalties prescribed. Measures to prevent seafood fraud include the establishment of a publicly accessible agreed national list of fish and seafood names that may be harmonized with the relevant names listed in an internationally recognized fisheries information system base. Mandatory labelling requirements for fish and seafood products are detailed, and official food control systems will be strengthened including the development and implementation of laboratory detection methods based on DNA barcoding.

This section (Clauses 349 – 353) details the authority, duties and powers of select public officers, entitled Fishery Protection Officers, to effectuate compliance with the regulations and directives contained in this Act.

This section (Clauses 354 - 379) outlines the range of powers of the Chief Fisheries Officer and any authorized officer (any fisheries, customs or police officer or any officer or soldier of the Barbados Defence Force serving as a member of the Barbados Coast Guard) in the enforcement of the contents of the Act. This section also stipulates that the Chief Fisheries Officer and authorized officers are immune from suit or legal process for anything done or omitted to be done in good faith in the execution of his powers and duties under the Act and prohibits obstructing, assaulting etc. the CFO and authorized Officers during the execution of their duties. The section also details the actions that the CFO and authorized Officers may take to enforce the Act inter alia serving a Prohibition Notice to mandate for example the cessation activities that pose a risk to the safety of fishers or are serious breaches of the Act, or where appropriate, an Improvement notice that gives the offender remedy the contravention in question within a specified period. Other enforcement actions include detention of fishing vessels the protocols for which are detailed in this section.

This section also outlines legal procedures that apply to the prosecution of offences under this Act as well as the mechanisms for aggrieved persons to seek legal remedies.

This section (Clauses 380 -382) describes the services for which the Chief Fishery Officer may apply fees and the requirement for him to maintain a list of the fisheries services and the corresponding fees. The section also mandates that foreign fishing license holders shall pay royalties for the extraction of Barbados' fishery and other marine living resources.

This section (Clauses 383 and 384) stipulates the immediate reporting of any fishing vessel accident to the Chief Fisheries Officer and mandates that the master of each fishing vessel involved in a collision shall render such assistance as practicable to the other vessel and its crew to save them from any danger caused by the collision, failure to do so without reasonable cause is an offence.

Under this section (Clauses 385 - 391) a “Fisheries Dispute Settlement Tribunal” is established. The membership of the tribunal is presented as is the process for applying for dispute settlement by the tribunal. Persons aggrieved by the decisions of the tribunal may appeal to the High Court, these sections further detail the laws that would be applicable to possible types of disputes that may arise. 

This section (Clauses 392 - 405) stipulates that the Minister in consultation with the Chief Fisheries Officer, Fisheries Advisory Council, the Minister responsible for Tourism and other fisheries sector stakeholders shall develop a sustainable fish tourism plan that would among other things empower fisherfolk to benefit from sustainable marine development and promote eco-friendly fisheries tourism. To this end, the Act facilitates the Fisheries-Tourism synergy while setting out the necessary regulatory controls and restrictions that all activities are conducted safely. For example, this includes that vessels are seaworthy, passenger lists are kept, and that the vessel has third party liability insurance.

This section (Clauses 406 - 413) comprehensively sets out the conditions, procedures and applicable regulations for bareboat charter and registration.

This section (Clause 414) details the establishment of the Barbados Institute for Fisheries and Fisheries related Studies. As the name implies this institute will among other things provide education in fisheries, including technical and vocational training and other allied fields of learning and research scholarship and be a centre of excellence, having a leading role in human resources and career development in the fishing industry. The Chief Fisheries Officer, in consultation with relevant stakeholders shall develop a governing instrument to be known as the Charter of the Barbados Institute for Fisheries and Fisheries-related Studies.

Through this section (Clauses 415 - 420) a number of key international fisheries instruments are brought into the force of law in Barbados. It is also stipulated that regional fisheries agreements to which Barbados is party shall be complied with to the extent practicable and that Where this Act conflicts with any of the international fisheries conventions identified to which Barbados is party, the Conventions and any pursuant international regulations shall prevail unless the Minister otherwise provides by such regulations as he may make.

As the name implies, this part deals with a wide range of topics including actions to be taken in relation to non-payment of applicable fees prescribed in the Act (Clause 421); requirement for an environmental and social impact assessment to be undertaken in respect of certain fisheries specific activities or projects as prescribed by the Chief Fisheries Officer and the development of an appropriate environmental and social management plan and describes the required contents of the plan (Clauses 422-428), facilitation of entry into investment schemes in respect of any sub-sector within the fisheries sector other than the aquaculture and mariculture sectors and describes the binding nature of the scheme, validity of the scheme under this Act, particulars of the scheme, compliance requirements for scheme parties in the context of regulatory and policy directives and standards including those that fall outside of this Act, as well as restrictions and constraints to development of the scheme.

Clause 429 empowers the Minister in consultation with the Chief Fisheries Officer and stakeholders to facilitate entry into agreements on fisheries subsidies and outlines the requirements for such undertakings. Clauses 430 – 433 detail the criteria and practices for handling and disclosing information. Clauses 434 – 435 empowers the Chief Fisheries Officer after consultation with the Minister to restrict, suspend, cancel or revoke any licences or permits issued under this Act and details the criteria and practices to be followed for such actions. 

Clause 436 enables the Chief Fisheries Officer, with the approval of the Minister to authorize an entity or competent person outside Barbados to perform specified regulatory oversight responsibilities on behalf of the Fisheries Division Clauses 437-438 lists common fisheries management and conservation measures and empowers the Minister to make specific regulations for the sustainable management and development of fisheries, aquaculture and mariculture in Barbados and provides a wide range of management measures that can be used to this end.

The Sustainable Fisheries Management and Development (Seafood Markets and Businesses) bill provides a regulatory regime for the management and operation of seafood markets and seafood businesses, a regulatory system for the management of the seafood supply chain sector, and other related matters.

The ocean is one of Barbados’ greatest assets, with the maritime space within the bounds of its Exclusive Economic Zone under its national jurisdiction being more than four-hundred times its land space. It provides one of our most important resources – food.

In this context, fish is important to the nutrition of those living on the island; being a key source of protein, fatty acids, and vitamins. Barbados fish catch feeds both Barbadians and visitors, and as such in the broader context is a critical contributor to national food security. Fish is a prized item on the menus of our nation’s culinary industry ranging from the local oriented sector to the tourism sector, literally on the menus of the rum-shops to the most high-end restaurants. Indeed, the intrinsic value of fish is transcendent from its value as a source of high-quality protein, the social and economic importance for all persons involved in the fishing industry from harvest sector through the post-harvest value-added chain to the end consumer. Fish is also of cultural importance as reflected in Barbados’ identity as “the land of the flyingfish”. Furthermore, these factors are interconnected producing a wider positive ripple effect that in totality significantly escalates the value of the fishing industry to the national economic scale. This is evidenced by the growth in the “Fish fry” sector which is rooted in tourists seeking to experience the grass roots Barbadian food-based culture, the attendant social and economic benefits for the small entrepreneurs involved and the often-overlooked experiential value of these grass-roots enterprises to tourists as part of the island’s total tourism product.

 The island is also fortunate in being able to export tuna, where annually, up to 300 tonnes of high-grade tuna valued at up to $10 million is exported to the USA. Indeed, Barbadian tuna has gained international reputation as being of the highest quality in the world.

However, the maintaining these invaluable social and economic benefits from the local fishing industry in the future is predicated on the wholesomeness of all fish products. To this end is vital that the quality of the fish and all subsequent products is maintained throughout the production and supply chain. It is vital that Barbados ensures that the relevant legislation and standards are in place to ensure that the seafood production and supply chain is sustainable, the seafood intended for sale is fit for human consumption and is not a risk to public health, and that international food safety standards are followed among other things.

Clauses 3 - 11

At present, fish are landed at around 30 locations around the island with vastly different levels of supporting physical infrastructure ranging from those with no infrastructure (beaches) to those with sheds with rudimentary facilities to fully outfitted markets, with the most fully equipped market being the Bridgetown Fisheries Complex. Necessary improvements to the islands fish landing sites is an on-going incremental process whereby a number of sheds have undergone conversions to markets, as most recently the case of Pile Bay along with renovations to the extent of rebuilding markets such as the Millie Ifill Market. These fish landing sites are operating loci for participants in the fishing industry both the harvest and post-harvest sector, in this context where primary seafood production as well as primary seafood processing such as scaling, skinning, de-boning, and filleting along with the related economic activity takes place. The Seafood Markets and Businesses bill therefore provides a legislative framework for the establishment, management, regulation, and maintenance of public seafood markets; ensuring that they are convenient and safe for the public and correctly registered.

It is also important to ensure that those engaging in the sale of seafood do so in such established areas and are in possession of a seafood market sellers’ licence issued by the Chief Fisheries Officer and a health certificate issued by the Chief Medical Officer.

It is hoped that more Barbadians will engage with the fishing industry, and if anyone is interested in selling seafood, they should apply for the grant of a licence to sell marketable commodities in a seafood market. Such application must be submitted to the Chief Fisheries Officer in the form prescribed in the First Schedule and shall be accompanied by the prescribed application fee to be published by a fishing industry notice.

Clauses 12 - 16

This legislation also sets out regulations for seafood businesses, such as the grant of a license to carry out a seafood business. This requires: a food business license issued by the Ministry of Health; a health certificate with respect to the seafood handler issued by the same Ministry; and a seafood supply-chain transparency verification certificate (SSCTVC).

The Seafood Transparency Certificate allows the Chief Fisheries Officer to carry out an initial survey of the seafood business, while also verifying that a corporate policy is in place to reduce illegal fisheries trade practices, promote seafood stewardship and promote seafood supply-chain transparency. Transparency ensures that we can trace where the seafood is coming from, safe for human consumption and that it is being sourced in a sustainable manner.

This in turn helps to reduce the incidences of Illegal, Unreported, and Unregulated (IUU) fishing activities and practices to protect the viability of the island’s fish stocks while allowing sustainable harvesting. This ultimately protects the livelihoods of fisherfolk and Barbados’ food supply.

Clauses 17 - 20

Under this legislation, a scheme known as the “National Scheme for Processors of Fish and Other Seafoods (lobster, conch, octopus)” will be established, designed to foster growth and support for fish processors and those involved in the seafood industry.

The primary purpose of this scheme is to establish clear standards for the formalities, procedures, and documentation required to enhance efficiency in seafood processing. It is intended to develop proposals for concessionary measures that will benefit fish processors to be presented to the Ministry of Finance.

Additionally, financing solutions will be identified and implemented to ensure that the seafood processing sector meets international compliance standards. This scheme will also serve as a platform for stakeholders to contribute their insights and recommendations, further fostering collaboration and innovation. The ultimate goal is to promote economic growth, social advancement, and sustainable development within the seafood processing sector.

This scheme is open to seafood processors who:

a. are primary or secondary fish processors or processors of other kinds of seafood;

b. are registered as participants to the scheme;

c. pay a registration and an annual scheme fee of $100;

d. are the holders of a seafood processor identification card, issued by the Fisheries Division; and

e. comply with the requirements to participate in the scheme.

Clauses 21 - 25

A “National Register of Fishing Trawlers” will be established under this legislation. In this context, fishing trawlers refer to factory vessels that catch and process seafood onboard.

This register is vital, as it will record essential information about fish trawling operations, including those conducted by Barbados-registered fishing trawlers as well as foreign-registered trawlers endorsed by our fisheries, operating in both our waters and the High Seas (international waters which are beyond the national jurisdiction of the country) for the benefit of Barbados.

It is important to note that in referring to “fishing trawling,” processing activities that are integral to this sector are also encompassed.

In conjunction with the register, the “Barbados Fishing Trawler’s Programme” will be launched. This programme will be managed by the Fisheries Division, and a document entitled the “Barbados Fishing Trawler’s Code of Operations” will be developed. This code will focus on key areas vital to the industry: ensuring environmental sustainability, providing livelihood support, and enhancing economic viability. The programme will also outline both monetary and non-monetary contributions from participants, specifying benefit-sharing arrangements for individuals engaged in trawling on both Barbados-registered and foreign-registered fishing trawlers. Furthermore, any additional provisions necessary for the effective management, development, and functioning of the programme will be included.

Foreign-registered vessels, which are operating in the waters of Barbados or operating on the High Seas for the benefit of Barbados, shall be endorsed as Barbados fishery-endorsed fishing trawlers.

The term “Barbados fishery-endorsed” refers to a foreign-registered fishing trawler that meets several criteria including that: it is listed in the National Register of Fishing Trawlers; is a registered participant in the Barbados fishing trawler’s programme; holds a fishing trawler’s license from the Fisheries Division; employs Barbadian fisheries observers as nominated by the Chief Fisheries Officer; and complies with development requirements while contributing to the fisheries sector.

Clause 26 - 30

No individual is allowed to engage in fish trawling without a valid license. To obtain this license, an application must be submitted to the Chief Fisheries Officer, including the application fee, a certificate of seaworthiness, a sustainable operations plan for fish trawling, a marine environment and species restoration plan for the trawling area, details on target species, information on bycatch, and any additional information required by the Chief Fisheries Officer.

Trawling will be managed through the identification of areas that should be established as “no-trawl”, and “no-trawl seasons” may be declared. A fish trawling protection plan and a fish trawling management plan to which all trawling activity must comply in conjunction with the island’s overall Marine Spatial Plan will be developed.

Clauses 31 - 33

Fisherfolk possess a wealth of knowledge in relation to the ocean. Many of them have spent their entire lives in their profession, and it is time that those who have significant knowledge in the field would have the opportunity to be appropriately compensated. Therefore, a person with marine specific traditional knowledge in any seafood market or seafood business may charge customers for access to this traditional fisheries knowledge in accordance with national maritime heritage laws. This legislation also makes provisions for the creation of a traditional fisheries knowledge commercial enterprise programme which will facilitate the enfranchisement of fisherfolk in relation to their traditional fisheries knowledge.

The programme aims to establish a system for distributing traditional fisheries knowledge resources, developing and exchanging related products and services, facilitating the sharing of this knowledge among stakeholders, and promoting other activities that enhance a knowledge-based economy in the fisheries sector.

Clauses 34 - 36

Under this legislation, fisheries protection officers will be empowered to take any necessary action to verify whether seafood businesses are in compliance with the Act. These powers include:

Premises Access: Officers can enter, inspect, and examine any premises, except residential ones, where seafood is handled or sold for human consumption, or where a seafood business or public seafood market operates. They may also inspect any vehicle if there are reasonable grounds to believe that it is used for seafood handling or sale.

Vehicle Detainment: Officers may stop and detain any vehicle believed to be used for seafood-related activities.

Document and Personal Information: Officers can require individuals to produce documents related to seafood handling and provide their name, address, and any other required information.

Seizure and Inspection: Officers have the authority to seize seafood, seafood products, documents, or materials, take samples, and open packages or containers believed to contain seafood.

Examinations and Analysis: They can conduct tests or analyses on seafood, its environment (such as water or soil), or other materials to determine safety or composition.

Recording and Monitoring: Officers can take photographs, audio, or video recordings, take measurements or sketches, and monitor activities carried out by persons with specific qualifications in relation to seafood handling.

These powers are aimed at ensuring the safety and proper management of seafood for human consumption.

An authorized officer has the power to act if they suspect that premises, vehicles, machinery, or seafood are in unsanitary conditions or unfit for human consumption, posing a public health risk. The officer may:

· Order the premises, equipment, or vehicles to be cleaned and disinfected.

· Prohibit the use of certain areas or equipment.

· Ban the removal of seafood from the premises for a period.

· Search for, seize, and remove seafood.

· Order the disposal or destruction of the seafood.

Violating these orders is an offense, punishable by a fine of $50,000, up to 12 months in prison, or both. The Chief Fisheries Officer may revoke the business license of the violator.

The Chief Fisheries Officer has the authority to seize tainted or unwholesome seafood from any seafood market. Once seized, the seafood must be destroyed in a manner determined by the Chief Fisheries Officer.

The owner of the seized seafood can request an examination by a veterinary officer or public health inspector to assess whether the seafood is fit for consumption. If the seafood is found to be wholesome, it will be returned to the owner.

 Offering or exposing tainted or unwholesome seafood for sale is an offense, punishable by a fine of $7,000, up to 3 months of imprisonment, or both.

Clause 37

It is also crucial for seafood safety standards in Barbados to be followed for several reasons:

1. Public Health Safety: it should be ensured that the seafood being sold for human consumption is safe and free from contaminants.

2. Economic growth and Market Access: Seafood is one of Barbados’ many exports, such as yellowfin tuna, which contributes to the island’s economic growth. As dishes such as sushi and sashimi become more popular in North American markets, tuna fisheries in the Caribbean region are becoming higher in demand. This export industry not only contributes to the foreign exchange generated by the island, but increases areas of employment for locals, contributing to livelihoods. Therefore, it is key that Barbados’ seafood businesses are held to international seafood standards, ensuring that we can be confident in the products that are being exported.

3. Environmental Sustainability: Being held to these standards also ensures that seafood businesses operate in a manner that does not harm the environment.

Clause 38 - 39

Barbados is quickly becoming synonymous with food excellence, with many events centered around fish. For example, ‘Oistins Under the Stars’, where locals and tourists alike are able to indulge in a fusion of delicious local dishes, enjoy live entertainment, and soak in the unique atmosphere of Oistins Bay Garden. Oistins is also host to the annual Oistins Fish Festival, an event which celebrates the lively fishing community through music, entertainment, and cultural events and is steeped in heritage. With their popularity, it is imperative that events which are held in fish markets, such as these, obtain Seafood Event Permits through the Chief Fisheries Officer.

Clause 40

The Chief Fisheries Officer may suspend, cancel or revoke any licence, permit, certificate or other instrument where the holder contravenes this Act or any condition contained in the licence, permit or other instrument.