Gibraltar

19.(1) Subject to the following provisions of these Regulations, a permit granted for the purposes of this regulation (a “Class C permit”) shall entitle the person to whom it was granted, and no others, to undertake underwater fishing with or without a weapon, in accordance with the terms of the permit, for such period as is so specified. (2) A full Class C permit shall only be issued upon proof of residency. (3) Non-residents may apply for a temporary Class C permit. (4) A Class C permit shall not be issued to any person under 16 years of age.

20.(1) A full Class C permit shall be valid for a period of 3 years. (2) A temporary Class C permit shall be valid for a period of 14 days. (3) A person may not apply for more than one temporary Class C permit per 3 calendar months. (4) The Authority shall ensure that no more than 5 temporary Class C permits may be in use on any given day. (5) Subject to regulation 20(6), a temporary Class C permit holder is only allowed no more than– (a) 5 kilograms of fish; and (b) one additional specimen. (6) Where there is more than one Class C permit holder on board a vessel at any point in time, no more than– (a) 10 kilograms of fish; and (b) one additional specimen, may be caught or held on board.

21.(1) Notwithstanding the generality of regulation 19(1), a Class C permit shall not− (a) entitle any person to fish in a manner contrary to the provisions of section 10 of the Act; (b) confer any right to fish at a place or a time at which the permit holder is not otherwise entitled to fish; (c) allow the taking of any wild animal which is otherwise prohibited by the Act; (d) allow the transhipment of catches between vessels; (e) allow underwater fishing with or without a weapon between the hours of sunset and sunrise; (f) allow underwater fishing with or without a weapon in the hatched areas within the Marine Conservation Zone demarcated in Schedule 1; (2) A Class C permit shall be subject to the following conditions– (a) underwater fishing with or without a weapon shall be the only form of fishing permitted; (b) the permit shall only be issued upon receipt of evidence of a valid medical certificate and insurance cover; (c) such conditions as are imposed in relation to the collection of species in need of special protection measures pursuant to regulation 5; (d) persons engaged in underwater fishing with or without a weapon shall require a demarcation buoy and may not use breathing apparatus; (e) in the following areas underwater fishing with or without a weapon shall only be permitted during the period 1 October and 30 April – (i) Eastern Beach; (ii) Catalan Bay; (iii) Sandy Bay; (iv) Camp Bay; (v) Little Bay; (vi) Western Beach; (g) a record of fish caught or taken shall be kept by the permit holder and be made available for inspection by the Authority on request. (h) any other condition or conditions as may be specified after consultation with the Nature Conservancy Council.

3.(1) No person shall, except in accordance with a permission granted by the Authority under these Regulations, in the marine nature area– (a) hunt, shoot or capture any sea-living creature by any means; (b) collect or use anything spontaneously produced by wildlife; (c) introduce any animal or plant which is of a kind not ordinarily resident or which is not a regular visitor to Gibraltar, as the case may be; or (d) subject to subregulation (2), take into, or use in, the marine nature area any type of firearm, air gun, spear gun, cross bow, bow and arrow or any type of weapon intended to project a missile or harpoon.

“Class C permit” means a permission to fish underwater with or without a weapon issued in accordance with regulations 19 to 22; ... “fishing” means the taking or killing of any wild animal and includes fishing from a vessel, underwater fishing with or without a weapon, shore-based fishing, bait collection and any other form of fishing, and the collecting or gathering of marine animals;

5.(1) The species listed in Schedule 2 shall be subject to the special protection measures set out in this regulation. (2) The daily catch, retention on board, or landing of more than one specimen or more than one species listed in Schedule 2 is prohibited unless it is specifically permitted under the terms of a permit issued under these Regulations. (3) All catches of species listed in Schedule 2 must be reported to the Authority within thirty days, in such form as the Authority requires. (4) The Authority may, after consultation with the Nature Conservancy Council, at any time prohibit the landing or retaining on board of any species listed in Schedule 2.

49.(1) Any person who contravenes any of the provisions of these Regulations shall be guilty of an offence and liable− (a) on summary conviction to a fine up to level 5 on the standard scale and a period of imprisonment not exceeding three months; or (b) on conviction on indictment for a period of imprisonment not exceeding 2 years and a fine. (2) A court inquiring into the commission of an offence under these Regulations may, in addition to any penalty which may be imposed under subregulation (1), disqualify a person from holding a permit under these Regulations, for such period as it deems appropriate.