Port (Amendment) Regulations, 2021 (SL 23 of 2021)

PORT (AMENDMENT) REGULATIONS,

PUBLISHING DETAILS

Arrangement of Regulations

Regulation Insertion of regulations 141A to 141C - port anchorage areas in George Town and Cayman Brac; prohibited activities in a port anchorage area, designation of port control

Regulation 1

In exercise of the powers conferred by section 13 of the Port Authority Act (1999 Revision), the Cabinet makes the following Regulations — Citation These Regulations may be cited as the Port (Amendment) Regulations, 2021. Amendment of regulation 2 of the Port Regulations (2020 Revision) - definitions The Port Regulations (2020 Revision), in these Regulations referred to as the “principal Regulations”, are amended in regulation 2 by inserting after the definition of the words “place of rest” the following definitions — “ “port anchorage area” means an area designated under regulation 141; and “port control zone” means a zone designated under regulation 141C;”. Amendment of regulation 141 - designation of port anchorage areas The principal Regulations are amended in regulation 141 by deleting the word “prescribed” and substituting the word “designated”.

Regulation 4

Insertion of regulations 141A to 141C - port anchorage areas in George Town and Cayman Brac; prohibited activities in a port anchorage area, designation of port control zones The principal Regulations are amended by inserting after regulation 141 the following regulations — “Port anchorage areas in George Town and Cayman Brac 141A.(1) The master of a vessel shall, when in a designated port anchorage area, port control zone, the port limits or territorial waters, comply with and ensure that the vessel is operated in such a manner that its operation is in accordance with — (a) the Act and these Regulations; and (b) the directions of the Port Director or the Port Director’s designees concerning — (i) navigation; (ii) berthing; and (iii) compliance with the Act and these Regulations. (2) In this regulation the designees of the Port Director include Port Security and Harbour Patrol. Prohibited activities in a port anchorage area 141B.(1) A person shall not — (a) take a specimen of any species; (b) enter into the water; damage, destroy or otherwise cause the loss of a natural resource, except in the normal course of anchoring or mooring a vessel; (d) deposit or discharge rubbish, litter, effluent or waste of any kind; or (e) dredge, quarry, extract sand or gravel, discharge waste or any other matter or in any other way disturbs, alters or destroys the natural environment, in a port anchorage area, without the permission of the Director. (2) In this regulation — “species” means any species or subspecies of plant or animal or any geographically or genetically separate population thereof; “specimen” means an animal or plant, whether live or dead, or any part or derivative thereof and includes, in the case of an animal, an

egg, sperm, gamete or nest and, in the case of a plant, a seed or spore; and “take” means to collect, hunt, kill, destroy, damage, injure, disturb, harass, harm, wound, capture, molest or impede a live specimen in any way or to attempt to do so, and includes incidental taking. Designation of port control zones 141C.(1) The port control zone for the port of Jackson Point is designated in Schedule 7A. (2) The master of a vessel shall ensure that the vessel, when moored in the Jackson Point port control zone, complies with — (a) the Act and these Regulations; and (b) the ISPS Code. (3) In this regulation “ISPS Code” means the International Code for the Security of Ships and Port Facilities adopted by the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea 1974 on the 12th December 2002, together with such amendments thereof or replacements therefor as may be in effect from time to time in relation to the Islands.”. Repeal and substitution of Schedule 7 - port anchorage areas The principal Regulations are amended by repealing Schedule 7 and substituting the following Schedules —

“SCHEDULE 7 (regulation 141) PORT ANCHORAGE AREAS Grand Cayman

Type

Name

ID

Area Grand Town GC21 19°18.054’ N 81°22.966’ W Area Grand Town GC22 19°18.054’ N 81°23.171’ W Area Grand Town GC23 19°18.084’ N 81°23.190’ W Area Grand Town GC24 19°18.230’ N 81°23.171’ W Area Grand Town GC25 19°18.380’ N 81°23.325’ W Area Grand Town GC26 19°18.434’ N 81°23.425’ W Area Grand Town GC27 19°18.462’ N 81°23.435’ W Area Grand Town GC28 N 81°23.466’ W Area Grand Town GC29 N 81°23.657’ W Area Grand Town GC30 N 81°23.800’ W Area Grand Town GC31 19°17.653’ N 81°23.016’ W Area Grand Town GC32 19°17.653’ N 81°23.256’ W Area Grand Town GC33 19°17.632’ N 81°23.289’ W Area Grand Town GC34 N 81°23.329’ W Area Grand Town GC35 N 81°23.431’ W Area Grand Town GC36 N 81°23.633’ W

Being all that area that includes waters and ocean bed to the average high water mark of George Town Harbour lying along the coastline, whether natural or man-made, between points 21 and 31.

Cayman Brac

Type

Name

ID

Area Brac Area CB41 19° 41.796' N 79° 52.575' W Area Brac Area CB42 19° 41.953' N 79° 52.681' W Area Brac Area CB43 19° 41.574' N 79° 52.894' W Area Brac Area CB44 19° 41.769' N 79° 52.994' W

SCHEDULE 7A (regulation 141C) PORT CONTROL ZONES Grand Cayman Jackson Point

Type

Name

ID

Zone Grand Point GC37 19°17.108 ’ N 81°23.555’ W Zone Grand Point GC38 19°17.159 ’ N 81°23.780’ W Zone Grand Point GC39 19°16.832 ’ N 81°23.666’ W Zone Grand Point GC40 19°16.865 ’ N 81°23.947’ W”.

Made in Cabinet the 9th day of March, 2021. Kim Bullings Clerk of the Cabinet