Cayman Islands Law Legislation & Treaties

National Conservation (Marine Parks) Regulations, 2021

In force
Subordinate · 2021 · No. 19 · 2021-0019
Text — SL 19 of 2021

NATIONAL CONSERVATION (MARINE PARKS) REGULATIONS, 2021 PUBLISHING DETAILS NATIONAL CONSERVATION (MARINE PARKS) Regulation Repeal of the Marine Conservation (Marine Parks) Regulations (2007 Revision), Marine Conservation Regulations (2004 Revision) and Restricted Marine Areas (Designation) SHORE LINE FISHING ZONES NO-DIVING OVERLAY ZONES SPAWNING AGGREGATION OVERLAY ZONES Regulation 1 NATIONAL CONSERVATION (MARINE PARKS) In exercise of the powers conferred by section 50 of the National Conservation Act, 2013, the Cabinet makes the following Regulations — Citation These Regulations may be cited as the National Conservation (Marine Parks) Definitions In these Regulations — “cast net” means any net cast by hand by one individual; “fry” means any small silver fish under three inches in length of the herring (clupeidae) or anchovy (engraulidae) families; “fry net” means any net or device designed for catching fry; “kellick” means a cement block, stone, large weight or other similar object used as an anchor; “marine park” means an area designated by Cabinet under regulation 3; “Port Director” means the Port Director appointed under section 3(6) of the Port Authority Act (1999 Revision); Regulation 3 “sprat” means any small silver fish more than three inches but less than six inches in length of the herring (clupeidae) or anchovy (engraulidae) families; “tourist vessel” means a vessel used to carry paying passengers for sightseeing, wildlife interaction or other tourist activities; “wildlife interaction” means — (a) touching or feeding marine life; or (b) attempting to touch or feed marine life. Marine Parks The protected areas designated by Cabinet in the National Conservation (Protected Areas) Order, 2021 are marine parks for the purpose of prescribing the activities that are permitted in those protected areas. Categories of marine parks A marine park may be categorized as — (a) a marine reserve zone; (b) an environmental zone; a wildlife interaction zone; (d) a line fishing zone; (e) a shore line fishing zone; (f) a no-diving overlay zone; or (g) a spawning aggregation overlay zone. (1) Subject to paragraphs (2) and (3), a person in a marine reserve zone shall not — (a) take any specimen; or (b) anchor a vessel. (2) Notwithstanding paragraph (1)(a) — (a) a person may take fish in a marine reserve zone if the person is — (i) catch-and-release fishing for the following species of fish — (A) tarpon (Megalops atlanticus); (B) bonefish (Albula vulpes); and (C) permit (Trachinotus falcatus); or (ii) taking fry and sprat with a fry net or cast net from the shore, a dock or while standing unaided in water no deeper than four feet and the person takes no more than 2.5 gallons of fry or sprats each day; and Regulation 6 (b) a licensed lionfish culler may kill or take lionfish in a marine reserve zone if the licensed lionfish culler — (i) (ii) is authorized by the Council to kill or take lionfish in the marine reserve zone. (3) Notwithstanding paragraph (1)(b), a person in a marine reserve zone may anchor a vessel not exceeding sixty feet in length if the person — (a) does not use grappling hooks, a mushroom anchor or kellick when anchoring the vessel; (b) anchors the vessel in sand; and uses an anchor, chain, rode or rope which does not touch coral. (4) A person shall not cause a tourist vessel to enter into the marine reserve zone designated as ‘LC Bloody Bay’ in Schedule 1 — (a) unless that person holds a permit issued by the Council in accordance with Part 8 of the National Conservation Council (Licence and Permit) Directives, 2016; or (b) where entry is prohibited by the conditions of a permit issued to the person by the Council. A person in an environmental zone shall not — (a) (b) damage a natural resource; anchor, moor, dock or ground a vessel; (d) enter into the water; (e) operate a vessel in excess of a speed of five miles per hour; or (f) otherwise disturb the natural environment. (1) Subject to paragraph (2), a person in a wildlife interaction zone shall not — (a) (b) sell fish food from a vessel; anchor a vessel — (i) in water shallower than three feet deep; or (ii) so that any part of the anchor, chain, rode or rope is within twenty feet of any reef structure; or (d) wear footwear in water shallower than four feet deep. Regulation 8 (2) Notwithstanding paragraph (1) and subject to section 34(f) of the Act, a person in a wildlife interaction zone may — (a) engage in wildlife interaction in accordance with any orders, guidance notes or Directives issued by the Council; and (b) wear flippers while snorkelling in water deeper than four feet. (3) A person shall not cause a tourist vessel to enter a wildlife interaction zone — (a) unless that person holds a permit issued by the Council in accordance with Part 7 of the National Conservation Council (Licence and Permit) Directives, 2016; or (b) where entry is prohibited by the conditions of a permit issued to the person by the Council. (4) A person shall not engage in wildlife interaction with any specimen in Cayman waters outside of a wildlife interaction zone, except where that person is — (a) fishing in accordance with these Regulations or any other Act; or (b) acting in accordance with a conservation or management plan, permit, order, guidance notes or Directives issued by the Council or these Regulations. (1) Subject to paragraph (5), a person in a line fishing zone shall not anchor a vessel. (2) A person may take fry and sprat with a fry net or cast net from the shore, a dock or while standing unaided in water no deeper than four feet if the person takes no more than 2.5 gallons of fry or sprats each day. (3) A person may by hook and line, take a species of fish (Teleostei) set out in Part 2 of Schedule 1 of the Act, which is not otherwise restricted by a species conservation plan or regulations made under the Act. (4) A licensed lionfish culler may kill or take lionfish in a line fishing zone if the licensed lionfish culler — (a) (b) is authorized by the Council to kill or take lionfish in the line fishing zone. (5) Notwithstanding paragraph (1), a person may anchor a vessel not exceeding sixty feet in length if the person — (a) does not use grappling hooks, a mushroom anchor or kellick when anchoring the vessel; (b) anchors the vessel in sand; and uses an anchor, chain, rode or rope which does not touch coral. Regulation 9 Shore line fishing zone (1) A person in a shore line fishing zone may by hook and line from the shore, a dock or while standing unaided in water no deeper than four feet, take a species of fish (Teleostei) set out in Part 2 of Schedule 1 of the Act, which is not otherwise restricted by a species conservation plan or regulations made under the Act. (2) A person may take fry and sprat with a fry net or cast net from the shore, a dock or while standing unaided in water no deeper than four feet if the person takes no more than 2.5 gallons of fry or sprats each day. (3) A licensed lionfish culler may kill or take lionfish in a shore line fishing zone if the licensed lionfish culler — (a) (b) is authorized by the Council to kill or take lionfish in the shore line fishing zone. No-diving overlay zone

#10. (1) A person shall not scuba dive in a no-diving overlay zone unless the person …

(1) A person shall not scuba dive in a no-diving overlay zone unless the person is authorized by the Council to do so under paragraph (3). (2) A person who wishes to scuba dive in a no-diving overlay zone shall apply to the Council in the approved form. (3) The Council may, upon receipt of an application for authorization under paragraph (2), grant the relevant authorization for scuba diving and the authorization may be granted subject to such conditions, if any, as the Council considers fit. (4) A licensed lionfish culler may scuba dive to kill or take lionfish from a no-diving overlay zone if the licensed lionfish culler — (a) (b) is authorized by the Council to scuba dive to kill or take lionfish from the no-diving overlay zone. (5) Where a no diving overlay zone overlaps or falls within the boundaries of another marine park under these Regulations, paragraph (1) shall apply in addition to the provisions of any other regulation applicable in respect of the overlapping area. (6) A person may take a species of marine animal or plant set out in Part 2 of Schedule 1 of the Act, which is not otherwise restricted by a species conservation plan or regulations made under the Act, from a no diving overlay zone which overlays an area of Cayman waters that is not categorized as a marine park under these Regulations. Regulation 11 Spawning aggregation overlay zone

#11. (1) During the period beginning on 1st December and ending on 30th April, a pers…

(1) During the period beginning on 1st December and ending on 30th April, a person in a spawning aggregation overlay zone shall not — (a) (b) enter into the water; or anchor a vessel, between the 50 foot and 200 foot depth contours. (2) Where a spawning aggregation overlay zone overlaps or falls within the boundaries of another marine park under these Regulations, paragraph (1) shall prevail over any other regulation applicable in respect of the overlapping area. (3) During the period beginning on 1st May and ending on 30th November, a person in a spawning aggregation overlay zone which overlaps an area of Cayman waters that is not categorized as a marine park under these Regulations, may take a species of marine animal or plant set out in Part 2 of Schedule 1 of the Act, which is not otherwise restricted by a species conservation plan or regulations made under the Act. Emergency anchoring

#12. No prohibition on anchoring imposed by these Regulations shall apply during a de…

No prohibition on anchoring imposed by these Regulations shall apply during a declared state of emergency, during the currency of a hurricane warning or when permission is given by the Port Director to a specific vessel in circumstances which, in the opinion of the Port Director, constitute an emergency. Designation of zones

#13. (1) The areas described in Schedule 1 are designated as a marine reserve zone. (…

(1) The areas described in Schedule 1 are designated as a marine reserve zone. (2) The areas described in Schedule 2 are designated as an environmental zone. (3) The areas described in Schedule 3 are designated as a wildlife interaction zone. (4) The areas described in Schedule 4 are designated as a line fishing zone. (5) The areas described in Schedule 5 are designated as a shore line fishing zone. (6) The areas described in Schedule 6 are designated as a no-diving overlay zone. (7) The areas described in Schedule 7 are designated as a spawning aggregation overlay zone. Repeal of the Marine Conservation (Marine Parks) Regulations (2007 Revision), Marine Conservation Regulations (2004 Revision) and Restricted Marine Areas (Designation) Regulations (2004 Revision)

#14. The Marine Conservation (Marine Parks) Regulations (2007 Revision), Marine Conse…

The Marine Conservation (Marine Parks) Regulations (2007 Revision), Marine Conservation Regulations (2004 Revision) and Restricted Marine Areas (Designation) Regulations (2004 Revision) are repealed. Name GC1 19°22.750' N 81°22.876' W GC2 19°22.750' N 81°20.789' W GC3 19°22.836' N 81°20.705' W GC4 19°23.082' N 81°20.970' W GC5 19°23.297' N 81°20.758' W GC6 19°23.051' N 81°20.493' W GC7 19°23.244' N 81°20.302' W GC8 81°21.671' W GC9 81°21.584' W GC10 19°23.443' N GC11 19°24.089' N GC57 19°15.873' N 81°16.329' W GC58 19°15.563' N 81°16.329' W GC59 19°16.379' N 81°15.247' W GC60 19°16.124' N 81°14.939' W GC65 81°5.420' W GC66 81°3.856' W GC67 GC69 GC61 19°18.025' N 81°10.936' W GC62 19°17.275' N 81°10.544' W GC63 19°17.552' N 81°8.445' W GC64 19°17.377' N 81°8.445' W GC31 19°17.653' N 81°23.016' W GC32 19°17.653' N 81°23.256' W GC33 19°17.632' N 81°23.289' W GC34 19°17.567' N 81°23.329' W GC35 19°17.567' N 81°23.431' W GC41 19°16.849' N 81°23.588' W GC42 19°16.880' N 81°23.850' W GC87 19°21.998' N 81°15.740' W GC88 19°22.090' N 81°15.670' W GC89 19°21.426' N 81°16.876' W Name GC90 19°21.442' N 81°16.872' W GC91 19°21.329' N 81°16.850' W GC92 19°21.313' N 81°16.854' W GC95 19°21.555' N 81°16.111' W GC97 19°18.690' N 81°17.383' W GC98 19°18.644' N GC99 19°19.942' N GC100 19°17.859' N GC101 GC102 19°22.859' N GC103 19°23.095' N GC108 GC109 GC110 19°22.952' N GC111 19°22.703' N GC112 19°22.965' N GC73 19°21.212' N GC74 19°21.445' N GC75 19°21.286' N 81°7.977' W GC76 19°21.484' N 81°7.977' W GC77 19°21.180' N 81°9.108' W GC78 19°21.496' N 81°9.108' W GC79 19°20.918' N GC80 19°21.160' N GC18 GC19 GC20 19°18.377' N 81°23.063' W GC21 81°22.966' W GC22 81°23.171' W GC23 19°18.084' N 81°23.190' W GC24 19°18.230' N 81°23.171' W GC25 19°18.380' N 81°23.325' W GC26 19°18.434' N 81°23.425' W Name GC27 19°18.462' N 81°23.435' W GC28 19°18.600' N 81°23.466' W GC29 19°18.600' N 81°23.657' W GC53 GC54 GC55 19°16.373' N 81°19.429' W GC56 19°16.050' N 81°19.429' W GC47 19°15.945' N GC49 19°15.226' N GC51 GC52 GC14 19°22.338' N 81°25.175' W GC15 19°22.338' N 81°25.460' W GC16 GC17 Name CB31 19°43.984' N 79°47.525' W CB32 19°44.186' N 79°47.584' W CB33 19°43.739' N 79°48.738' W CB34 19°43.940' N 79°48.858' W CB5 19°41.018' N CB7 19°40.583' N CB9 19°41.042' N 79°53.169' W CB10 19°40.640' N 79°53.085' W CB11 19°41.174' N 79°52.048' W CB12 19°40.792' N 79°52.048' W CB13 19°42.012' N 79°49.418' W CB14 19°41.745' N 79°49.306' W CB15 19°42.801' N 79°47.299' W CB16 19°42.574' N 79°47.252' W CB19 19°43.390' N 79°45.046' W CB20 19°43.149' N 79°44.911' W CB27 19°45.300' N 79°45.000' W CB28 19°45.511' N 79°45.044' W CB29 19°45.083' N 79°45.657' W CB30 19°45.215' N 79°45.776' W CB35 19°43.344' N 79°49.395' W CB36 19°43.546' N 79°49.525' W CB37 19°42.631' N 79°50.391' W CB38 19°42.816' N 79°50.496' W CB1 79°53.623' W CB3 79°54.360' W CB43 19°41.574' N 79°52.894' W CB44 19°41.769' N 79°52.994' W CB39 19°42.170' N 79°51.819' W CB40 19°42.472' N 79°51.895' W CB41 19°41.796' N 79°52.575' W CB42 19°41.953' N 79°52.681' W Name LC25 19°42.000' N 80°2.591' W LC26 19°42.258' N 80°2.591' W LC27 19°40.289' N 80°6.097' W LC28 19°40.432' N 80°6.209' W LC17 19°41.809' N LC18 19°41.536' N LC23 19°42.424' N 79°59.730' W LC24 19°42.742' N 79°59.869' W LC3 19°39.511' N LC5 19°38.956' N LC7 19°39.460' N LC8 19°39.266' N LC11 19°39.987' N 80°4.026' W LC12 19°39.492' N 80°3.531' W LC13 19°40.954' N 80°1.697' W LC14 19°40.665' N 80°1.538' W Name GC95 19°21.555' N 81°16.111' W GC96 19°21.318' N 81°15.842' W GC97 19°18.690' N 81°17.383' W GC98 19°18.644' N GC99 19°19.942' N Name GC3 19°22.836' N 81°20.705' W GC4 19°23.082' N 81°20.970' W GC5 19°23.297' N 81°20.758' W GC6 19°23.051' N 81°20.493' W GC101 GC102 19°22.859' N GC108 GC109 GC89 19°21.426' N 81°16.876' W GC90 19°21.442' N 81°16.872' W GC91 19°21.329' N 81°16.850' W GC92 19°21.313' N 81°16.854' W Name GC8 81°21.671' W GC9 81°21.584' W GC10 19°23.443' N GC11 19°24.089' N GC12 19°23.624' N 81°23.790' W GC13 19°23.812' N 81°23.790' W GC67 GC69 GC73 19°21.212' N GC74 19°21.445' N GC41 19°16.849' N 81°23.588' W GC42 19°16.880' N 81°23.850' W GC43 19°16.163' N 81°23.446' W GC44 19°16.163' N 81°23.799' W GC51 GC52 GC53 GC54 GC16 GC17 GC18 GC19 Name CB25 19°45.417' N 79°44.381' W CB26 19°45.574' N 79°44.388' W CB27 19°45.300' N 79°45.000' W CB28 19°45.511' N 79°45.044' W Name LC15 19°41.393' N 80°0.671' W LC16 19°41.119' N 80°0.551' W LC17 19°41.809' N LC18 19°41.536' N LC7 19°39.460' N LC8 19°39.266' N LC9 19°39.677' N 80°4.698' W LC10 19°39.101' N 80°4.698' W SHORE LINE FISHING ZONES Name GC20 19°18.377' N 81°23.063' W GC21 81°22.966' W GC Kaibo GC93 19°21.346' N 81°16.553' W GC Kaibo GC94 19°21.334' N 81°16.485' W NO-DIVING OVERLAY ZONES Name GC65 81°5.420' W GC66 81°3.856' W GC67 GC69 GC79 19°20.918' N GC80 19°21.160' N GC81 19°20.889' N 81°11.700' W GC82 19°21.233' N 81°11.700' W GC83 19°21.162' N 81°12.726' W GC84 19°21.483' N 81°12.726' W GC85 19°21.061' N 81°14.400' W GC86 19°21.376' N 81°14.400' W GC109 GC110 19°22.952' N GC111 19°22.703' N GC112 19°22.965' N GC51 GC52 GC53 GC54 GC104 19°22.500' N 81°18.407' W GC105 19°22.755' N 81°18.407' W GC106 19°22.397' N 81°18.130' W GC107 19°22.668' N 81°18.130' W GC16 GC17 GC18 GC19 Name CB17 19°43.110' N 79°45.900' W CB18 19°42.843' N 79°45.900' W CB19 19°43.390' N 79°45.046' W CB20 19°43.149' N 79°44.911' W Name LC15 19°41.393' N 80°0.671' W LC16 19°41.119' N 80°0.551' W LC23 19°42.424' N 79°59.730' W LC24 19°42.742' N 79°59.869' W SPAWNING AGGREGATION OVERLAY ZONES Name GC68 81°4.633' W GC70 81°4.404' W GC71 19°21.100' N 81°5.117' W GC72 19°21.100' N 81°4.257' W GC45 19°15.750' N 81°23.550' W GC46 19°15.750' N 81°23.854' W GC48 19°15.396' N GC50 19°15.211' N Name CB21 19°44.952' N 79°43.345' W CB22 19°44.686' N 79°43.061' W CB23 19°45.145' N 79°42.339' W CB24 19°45.533' N 79°42.921' W CB2 79°53.950' W CB4 79°54.353' W CB6 19°40.765' N CB8 19°40.590' N Name LC19 19°41.690' N 79°57.835' W LC20 19°41.535' N 79°57.835' W LC21 19°42.435' N 79°57.183' W LC22 19°42.435' N 79°57.071' W LC1 19°39.517' N 80°6.800' W LC2 19°39.517' N 80°7.153' W LC4 19°39.200' N LC6 19°38.952' N 12 Mile Bank Name 12Mile1 81° 36.753' W 12Mile2 19°19.008' N 81° 36.753' W 12Mile3 19° 19.008' N 81° 35.753' W 12Mile4 81° 35.753' W 12Mile5 19° 20.808' N 81°34.153' W 12Mile6 81° 34.153' W 12Mile7 81°33.153' W 12Mile8 19° 20.808' N 81° 33.158' W Made in Cabinet the 9th day of March, 2021. Kim Bullings Clerk of the Cabinet