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Home » US Law » 2019 US Virgin Islands Code » Title 12 - Conservation » Chapter 9A - Commercial Fishing

§ 301. Purpose

The purpose of this chapter is to preserve, manage and protect the fishery resources, to regulate fishing and to secure its increase and development in all marine, estuarine and freshwaters within the jurisdiction of the United States Virgin Islands.

§ 302. Definitions

In this chapter, unless the context indicates otherwise, the following words, terms and phrases shall have the following meanings: (1) “Alien” means a person who is not a United States citizen by birth or naturalization. (2) “Angling” means fishing with hand line or rod with naturally or artificially baited hook. (3) “Closed season” means the […]

§ 303. Duties of the Commissioner

(a) The Commissioner shall have the following powers and duties: (1) To preserve, manage and protect the fishery resources of the territory in the inland and jurisdictional coastal waters thereof. (2) To regulate the operations of all fishermen vessels of this territory engaged in the taking of fishery resources within or without the boundaries of […]

§ 304. Administration; rules and regulations

(a) The Commissioner shall prescribe all rules and regulations necessary or desirable for carrying out the duties, obligations, powers and responsibilities conferred upon him under this chapter, which, after being approved in accordance with chapter 25 of Title 3 of the Code and published as required in subsection (c) of this section shall have the […]

§ 305. Conservation officers; powers and authority

(a) Conservation officers shall have the authority, without warrant, to board, inspect and search any boat, fishing appliance, storage or processing plant, fish house or any warehouse, building or vehicle engaged in transporting any fish or fishery product. Such authority to search and inspect without a search warrant is limited to those cases where such […]

§ 306. Duties of Attorney General

If at any time any question of law or any litigation arises, and the Attorney General is otherwise occupied, and cannot give the time and attention necessary to such question of law or litigation as the occasion demands, the several Assistant Attorneys General shall attend to any such question of law or litigation arising within […]

§ 307. Injunctions

Courts of the territory shall have jurisdiction to enforce the fisheries of the territory by injunction.

§ 308. Bond of employees

The Commissioner may require, as he determines, that bond be given by any employee of the Department, payable to the Governor of the territory for the use and benefit of those whom it may concern, in such penal sums with good and sufficient surety or sureties approved by the Commissioner conditioned for the faithful performance […]

§ 309. Ownership of navigable waters

(a) Subject to the provisions of federal laws pertaining to the proprietary rights of the Government of the United States, all beds and bottoms of navigable rivers, streams, lagoons, lakes, sounds, inlets, bays, roadsteads, harbors, oceans, seas or other bodies of water within the jurisdiction of the territory shall be the property of the territory […]

§ 310. Jurisdiction

For the purpose of this chapter, the jurisdiction of the territory shall include all inland and estuarine waters and shall extend to either 3 miles from the shorelines of the territory or to any international boundary located within such 3 mile limit, whichever distance is the shorter.

§ 311. Fishing

No person may engage in fishing and no vessel or other fishing device may be used in fishing in the territory unless registered, certified or licensed in accordance with the provisions of this chapter.

§ 312. Registration, certification and licensing

(a) The administration and enforcement of Title 25, chapter 15 of the Code, regarding the identification and operation of motor boats, shall be vested in the Commissioner, and all fees and monies received under the provisions of said chapter shall be deposited in the Fish and Game Fund created under chapter 1, section 81a of […]

§ 313. Nonresident fishermen

Any person not a resident of the territory and desiring to engage in commercial fishing in the territory, must conform to the same laws, rules and regulations by which the resident fishermen of the territory are governed and no person not a resident of the territory may bring his catch of fish or part of […]

§ 314. Fish and Game Fund

Moneys received by the territory for fishing licenses, certificates of number, vessel registrations, fines or other penalties relating to fish or fisheries and such sums as may be credited for other reasons for fish or fisheries activities in the territory, including sums received from the Federal Government, shall be credited to the Fish and Game […]

§ 315. Reports of owners of boats and fishermen

(a) The owner of every boat, vessel or watercraft and the owner of every pot, trap, net, seine or other fishing gear (hereinafter referred to as devices), used for fishing purposes, and every licensee or person registered under sections 312 and 313 of this chapter shall, annually, before July 31, make a written report, under […]

§ 316. Closed seasons

(a) The Commissioner shall announce, at least forty-five (45) days in advance, the beginning of each of the closed seasons prescribed in the regulations issued pursuant to this chapter for the protection of one or more species of fish as herein defined. (b) The transportation and sale of a species of fish which is the […]

§ 317. Fish for scientific, educational and breeding purposes

The Department, and any other person or organization with the written permission of the Commissioner, may catch or cause to be caught, for scientific or educational purposes or for fish culture, any fish or marine organism at any time, from the jurisdictional waters of the territory, and may sell or cause to be sold when […]

§ 318. Protection of marine turtles, nests and eggs; penalties

(a) It is the intent of the Legislature of the United States Virgin Islands to contribute to the preservation of marine turtles in the Caribbean area, said turtles now being close to extinction. (b) It shall be unlawful for any person to take, kill, possess, mutilate or in any way destroy any loggerhead, leatherback, hawksbill, […]

§ 319. Lobsters; regulations; penalties

(a) It is intent of the Legislature of the United States Virgin Islands to place restrictions upon the taking of spiny lobsters for the purpose of insuring and maintaining the highest possible production of such lobsters, for comm ercial purposes, consistent with sensible conservation practices. (b) No person, firm or corporation shall take or have […]

§ 320. Fishing in freshwater, regulations

Fishing is hereby prohibited in any public pond, lake, stream or other body of freshwater in the territory by any gear, device or other means except that of angling; provided, that the Commissioner may grant permission, which shall be in writing, for the use of other fishing gear, devices or means of any person or […]