Turks and Caicos Islands

“spear fishing” means taking or attempting to take any species of marine product, by means of a spear of any description, shape or size including a Hawaiian sling; “spear gun” means any weapon, apparatus or mechanism other than a Hawaiian sling, so constructed as to be capable of use under water for the discharge (whether complete or partial) of any projectile, whether or not a spear or harpoon; “Hawaiian sling” means a spear not exceeding five feet in length projected by a device consisting only of elastic material not exceeding eighteen inches in length and one half inch in width; “scuba equipment” includes any self-contained underwater breathing apparatus other than a snorkel.

No person shall — (c) use scuba equipment or any artificial breathing device other than a snorkel when taking marine products: provided always that this paragraph shall not prohibit the use of scuba equipment or any artificial breathing device when taking marine products by the holder of any licence issued under these Regulations which is specifically endorsed for that purpose; (d) use a Hawaiian sling for the taking of marine products unless he is the holder of a commercial fishing licence anywhere within the fishery limits: provided that a person shall not commit an offence if he proves, the onus being on him, that he used a Hawaiian sling to protect himself or another person or any property against any marine product of a dangerous nature which attacked him, that other person or that property; ... (f) be in possession of a spear gun within the fishing limits of the Islands ... (2) Any person who contravenes any provision of this regulation shall be guilty of an offence and shall be liable on conviction to a fine of $50,000 or to imprisonment for twelve months or to both such fine and imprisonment.

11. (1) It shall be unlawful for any person, unless he is the holder of a commercial fishing licence to have in his possession or purchase any marine product which has been taken by the use of a spear gun or Hawaiian sling. (2) It shall be unlawful for any person to have a spear gun in his possession on or within fifty feet of any tidal water or upon any beach or foreshore or while swimming or while in any vessel. (3) Where any marine product bears any mark or wound consistent with the same having been taken by the use of a spear gun or Hawaiian sling the same, unless the contrary be proved, shall be deemed to have been so taken. (4) A person who contravenes any provision of this regulation commits an offence and is liable on conviction to a fine of $50,000 or to imprisonment for twelve months or to both such fine and imprisonment.

4. (1) Subject to the provisions of paragraph (2) any person who, not being the holder of and acting in conformity with the conditions of a licence authorising him so to do: (a) takes or is in possession of any species of marine product; or (b) processes or exports any species of marine product, shall be guilty of an offence and liable on summary conviction to a fine of $50,000 or to imprisonment for twelve months, or to both such fine and imprisonment. (2) Notwithstanding that he is not the holder of a licence ... (a) a Belonger (except during any close season for that species of marine product or by a prohibited apparatus or method) may take or process reasonable quantities of any species of marine product for pleasure or recreation or for consumption by himself or in his home.

(h) A Sports Fishing Licence: authorising the holder to engage in fishing in any area of the fishery limits and: to retain in any one day's fishing for consumption by the holder of the licence or in the home of the holder of the licence marine products not exceeding ten pounds (10 lbs) in weight in total; and to retain during the term of the licence as a trophy one fish of unlimited size or such greater number of fish as the Chief Fishery Officer acting in his discretion shall in writing deem reasonable.

12. (1) The close season in relation to crawfish shall be the period from the first day of April to the thirty-first day of July (inclusive) in each year or such other dates as may, from time to time, be appointed by the Governor in the Gazette. (2) Without prejudice to paragraph (1), the Governor may, by notice in the Gazette, appoint any period to be a close season for any particular species of marine product, either generally or in any particular area or areas.

14. (1) Any person who takes or is in possession of or sells any marine product smaller than the legal size shall be guilty of an offence ... (2) For the purpose of this regulation the legal size means, in relation to — (a) Crawfish (i) when whole, a length of 3.75 inches measured from the front of the groove between the horns directly above the eyes along the middle of the back to the rear edge of the carapace or back shell; or (ii) when the tail has been separated, a tail weight of 7 ounces whether processed or not. (b) Conch (i) a minimum shell length of 7 inches measured from the spiral tip to the foremost edge; and (ii) a conch meat, when removed from the shell, of a total weight of 8 ounces after the removal of the digestive gland. (c) Turtles (i) Hawksbill Turtle (Eretmochelys imbricata) a shell measurement of 20 inches in length ... and a weight of at least 20 lbs; (ii) Green Turtle (Chelonia mydas) a shell measurement of twenty inches in length ... and a weight of at least 20 lbs; (iii) Any other turtle, a weight of at least 20 lbs.

13. (1) The Minister may, by notice in the Gazette, declare any area to be a prohibited area — (a) for the taking of any particular or all species of marine products or for the depositing of any conch shells or any other matter whatsoever; or (b) for the taking of any particular or all species of marine products by particular means; or (c) into which a vessel licensed under regulation 6 shall not enter. (2) The Minister may, by notice in the Gazette: (a) prohibit, restrict or regulate the taking, capturing, killing or destroying of any kind or species of marine product within the fishery limits of the Turks and Caicos Islands either generally or at any particular time or within any particular area; (b) restrict, regulate or control the methods and apparatus used in connection with the taking ... of any species of marine product.