Lobster expert cautions against extending closed season grace period

JAMAICA'S LEADING lobster expert, Dr Karl Aiken, is warning against a proposal by the Ministry of Agriculture and Fisheries to review the laws relating to the close season for lobster.

The State is considering a relaxation of the laws as part of a move to allow business operators, especially exporters, to sell the crustacean during the close season.

In Jamaica, the annual close season for lobster runs from April 1 to June 30, during which time it is illegal to harvest lobsters.

However, from April 1-21 businesses may process, sell and export lobsters, after which it is illegal to trade in the crustacean or have them in one's possession.

It does not matter whether the lobster is fresh, frozen or otherwise, it will be seized and the person(s) liable to face prosecution. The fine can run as high as $100,000 with the offender also jailed.

Andre Kong, chief executive officer of the Fisheries Division, is leading a charge to have the 21-day grace period extended to the duration of the close season, which would allow for legitimate businesses, which had declared the amount of lobster in their possession prior to start of the season, to continue trading.

He told fisherfolk at the Old Harbour Bay fishing beach recently that technical officers in the division were convinced that the undue hardships caused to exporters and others, as a result of this 21-day clause, was stifling business.

Kong, who was one of the architects of the 21-day rule which took effect in 2009, insists that it should be reviewed with a view to being repealed.

'Laws not cast in stone'

"My technical people had suggested to me that it was a bit cumbersome for the people to be catching the lobster and we should be a little more flexible to allow the exporters and people to keep the product," he told The Gleaner.

"Laws have to be contextual in terms of policy and management and especially when you are looking at management issues, they are not necessarily cast in stone, and the overall aim is to improve the state of fishery," he said by way of explaining his change of stance.

Aiken, who was instrumental in helping to draft the current laws, is adamantly opposed to this change.

"The original reason for having the 21-day thing was to allow people at the time that the thing was introduced a little leeway. That leeway must not be closed because it has now turned into a leak, the hole in the dyke through which the money is pouring, but it's pouring in the wrong direction."

Aiken said the 21-day rule is being abused as persons use it "as an escape route and it is something that has to be closed."

- Christopher Serju