Fisheries Commission Act, 1993 (Act No. 457 of 1993)

Trrn FOUR HUNDRED AND FIFTY-SEVENTH OF THE PARLIAMENT OF THE REPUBLIC OF GHANA HNTlTLED THE FISHERrn:S COMMISSION ACT, 199:1 AN AcT to c~:tablish a Fisheries Commission; provide for its com position lutd functions relating to the regulation and manage. mcnt of l he t \ tilisation of ftshcrv resources of Ghana nnd for connected purposes. DATE OF ASSENT: 6th July, 1993 BE IT ENACTED by Parliament as follows PART !---Es l'A.BUSHMENT OF CoMM[SSION AND ITS FUNCTIONS Act 457 t. There is e:-;tablished by tlus Act a Fisheries Commission referred Establh.h to jn this Act as "the Commission,,. ment of Fisheries Commission. 2. (1) The Commission shall be responsible for the regulation Function and ma 11agc1nr,nt of the t\tilization of the :fishery resources. of or. C?m GJvi.na and the co-ordination of tho policies in relation to tbem. mimon. (2) For rhe purposes of subsection (I) of this section, the Commission sJ1all (a) esi'ablish systems to manage, protect and effectively use the fish resources of Ghana to achieve 'J1•:: m 1 n '",,..,,l. ·rl-h,,.. ,, "" ,.,; fid, rP<if'\111·t"l"C:: in <1h::i nR • Act 457 Fisheries Commission Act, 1993 Composi tio.l'\ or C:o'Tlmis• sion. (b) monitor and ensure the implementatitm of Govern ment's policies for the development, management, conservation and utilisation of fis!wries resources of Ghana; (c) prescribe in consttll,~tion wil11 tJw Gh,1.na Standnrd.s Board a.nd Fishurics Department of tho Ministry of Foo~l. and Agricnlture standards for quality, weight, me'.1.suromcnt and grades of fish in the country. (cl) achi'.-.C the Mini~ler illl 1nattcrs affcding the tishing industry; (e) foster international cu-operation anJ collaboration in fisheries for the benefit of the nation within the framework of Ghan~i.•s forcig,1 policy ;.,,11d interna tional commitments: (f) establish systems and muinttiill actiun programmes for the promotion t)f the fishing industry and the protl!ction and welfare of Ghanaian fishermen working outsi.de Ghan.n.. 11ani,:tdarly along the West African Coast; (g) receive l'rom tl11J wiil an.J cxmnine ,r 11111ml report on payment an.d disburs0mc;1ts of monies from the Fund estahlisheJ un.<.kr scdion 30 (4) of the Fisheries Law, 1991 (P.N.D.C.L. 2.%); (h) co-ordinal'\! with apprupr.iatc: and rdcvant national authorities on tht: US:! of Ghanai.an timber to build fishing canoes and :inshore vessels; (i) advise the Minister on the importation of fresh and fr01en lish as a suppfomenl to local fish production; (j) hear and settle complaints from persuns aggrieved in respect of matters arising from and related to the fishing industry; (k) co-ord ina(c the w.:tivitic:- of co-opi..:r:\Livus, socictic~ and associationsin thcfhhing industry; nnd (/) perform such other ftlllGtion~ as l111.; Minister may assign to it. PA·RT II-COMPOSITION OF COMMISSION AND Rm,Areo PROVrsrONs 3. The Commission 5hall consist of the folio wing pcrsons (a) a Chairman who is not a. Minister of S(ate or a Deputy Minister: (b) the Excctttivc Secretary referred to in section 15 of thi5 Act; Fisheries Commission Act, 1993 (c) one representative from each of the following bodies nominated by the body concerned who shall hot be below the rank of a Deputy Director and in the case of functional groups not below the rank of a vice chairman or i.ts equivalent• (i) Ministry of Transport and Communications; (ii) Ministry of Defence; ~iii) Ministry of Enviro1uµe11t; (iv) Ministry or Footl. and Agrfoulturo; (v) GJnnu National Association of Farmers and Fishermen; (vi) National Fishorics Association of Ghana; (vii) Gh:\1rn Tuna Association; (viii) Ghana Marine Fishing Officers Association; (ix) Fish Smokers Association (x) Institute of Aquatic Biology (xi) the Ghrrna Jrrigation Development Autho rity; and (d) four persons at least two of whom shall be women. Ac.t 457 4. (I) The Chairman and the other members of the Commission Appoint . hall be appointed by the President. mcnt of members. (2) The Chairman and the .other members of the Commission '. hall be appointed on such terms and conditions as the President , 1ay determine. (3) Th1; members of the Commission other than ex-officio 1 ,embers shall hold office for fom years and may on the expiration ( r that period be re-appointed for a further term. (4) A member nominated by a body as its representative on t 1c Commission shall cease to be a member if the President revokes 1 •. s appointment on the recommendation of the body by letter u !dressed to him. (5) The Chairman of the Commission shall notify the Presi d ·nt of vacancies which occur in the membership of the Cornmis si,m. (6) When the Chairman or a member of the Commission is ir:capacitated by illness or any other cause fr.om performing the functions of his office, the President may acti,ng in consultation with the appropriate institution appoint another person to perform the fr nctions of the member until the member is able to resume the performance of his duties. Act 457 Qualifica tion of members. Fish<!rie, Coml1'ission Act, 1993 5. (1) No perso11 is qualifie.l to uc a me nbcr of tile Comniission wh:> (a) has been a1.ljud.gc-l or olherwise declared (i) h.::rnkrupt under any law in force m Gh-:i.na ,rnd has not been discharged.; or (ii) to be of unsound. minrl. or is d.etaine .! as a crim.inal lun:,tic rn1,lcr n.ny l,tw in force in Gh:1.na; N (b) has heen convictcl-- (i) for high crime un(for tho Con~titution or high treason or treason or for ::i.n offence involving the security of th~ State, frau. i, dishonesty or moral· turpitnde; or (ii) for any other offence punishable by dc,tth or hy a sc:ll"cncc of not less t.h-111 IO years: or (c) has been foLLttd by th•~ report of a commission or a committee of inq11iry lo be incompetent to hold public office or is a pcrs0;1 in respect of wh·J;n a cm1ndssion or c,i1n-,nittcc of in<.rtiry Ins fo:ul:.l tJnt while being a public o!Ticcr h,} a,:q,tiro.t assets unhrwfolly or d.c fraw!.e:l the Staie or misused or abw;ed 11is oflice, or wilfally acted in a nnnncr prejll'l.icial to the interest of the Slate, and the findings lnvc nnt been set aside on appeal or jLtdicial review; or (d) is wider sentence of death or other sc:1tcncc of impri sonment impose:l oa hbn by any court; or (e) is oiherwise disqLLalifie:l by a law for lh.0 ti.me being in forco. (2) Members of llw Commissio:t sJ1all be pcrs.)ns of high moral character and integrity and tltc Prcsiz{e:1t shall in appointing a member have regard to the cxperti.se 1.nd experie11ce of tbe person and l1is ability to contribute to the work of the Commission. (3) Wiihout pr~j,tdicc to s;thsGction:; ( ! ) and (2) of this section a member of th•~ Com111issio11 sJnl! cc:tsc to he a member if. (a) in tho case of a pcrs•.n p;issesscJ of professional q1mli fica! ion. he is ,.l isq:t:1\ificl. or s·.tspen !e.l from prac ti:, ing his prnfcssi,1•1 fl·/ :l,1 or.'i..:r 1·,r ;t (.;(J1itpc{i;:1t :Lt!1J11rity llVi:'c i•1 respect cir hb-n pcrs,)nally ur c ses lob~ a mr:}:nber ()r tl1c n1"lll~;:.:·;in , ot1i'J1\v:s,; 1Jnn :tt ], is own ' rcq 1Lesl; or (b) J1e is absc,1t from f1mr consecutive m0cti11gs of tlie Commission without suiliclcnt reasl1il. Fisheries Commission Act, 1993 Act 45, 6. The Chairman or a member of the Commission may re::;ign Rcsigna his office by notice addressed to the President. tion. 7. The Chainnan or a member of the Commission may be re- Removal oJ moved from office by the President for inability to perfonn the ~egibers functions of his office or for any just cause. missi~r;:: 8. The Chairman and other members of the Commission shall Allowances be paid such allowances as the Minister in consultation with the of members Minister responsible for Finance may detennine. of. C?m· m1ss1on. 9. (1) The Commission shall meet for the despatch of business Meetings at a time and place detennined by the Chairman but shall meet 0 ~ c1 m-at least once in every three months. miss on. (2) The Chainnan shall summon a special meeting or the Commission within fourteen days or the receipt of a written request signed by not less than eight members of the Commission. (3) The quorum at a meeting of the Commission shall be not less than half of tbe membership of the Commission. (4) The Chairman shall preside at each meeting of the Com mission but in bis absence a member of the Commission elected by the members present from among their number shall preside. (5) The validity of the proceedings of the Commission shall not be affected by a vacancy in its membership or any def ~ct in the appointment of a member. (6) Questions before the Commission shall be decided hy a majority of the members present and voting. (7) The Chainnan or the person presiding at a meeting of the Commission shall in the event of equality of -votes have a second or casting vote. (8) Except as otherwise provided in this Act, the Com.mission 9baU :regulate the procedure at its meetings. 10. The Commission may co-opt any person to act as an a1viser Power to at its meetings but no co-opte:l person is entitled to vote at a meet- co-opt. ing. 11. (1) The Commission may appoint such committees as it con- Commit• r,,i<lers necessary for the eITcctivc implementation of its functions. tees of tho ( ) • • 1 d b . ( 1) . Commis• 2 A Committee appomte~ un er su sect10n may consist sion. of members of the Commission Of non•members or both except that a committee composed entirely of non•members may only advise tbe Commission. Aet 457 Piiiherie:i Settlement Committee. Member ship on Appeal& Board. Fisheries Co,nrnission Act, 1993 12. (1) Without prejudice to section 11, there shall be appointed by the Commission from amo11g its membership a Settlement Com mittee consisting of not less than five or more than ,even members to hear and settle complaints from persons aggrieved in respect of matters arising from and related to the fishing indmtry. (2) Subsection (1) of thfa section is without prejudice to any right of action to the courts. 13. One member of the Commission elected by the members from their number shall sit as a member on the Appeals Board established under section 10 of the Fisheries Law, 1991 (P.N.D.C.L. 256). Jle1ationship 14. Government departments, e.geneies and public aut.1:iorities shall with o~~er co-operate fully with tl:-e Commission in the exercise of it11 functions autaont1os. under this Act. PART Ill-ADMINISTRATION AND MISCELLANEOUS PROVISIONS Executivo 15. (1) The Commission shall have a.n Executive Secretary who Secretary. shall be appointed by the President in accordance with the advice of' the Commission given in consultation with the Public Servicea Commission. (2) The Exec1.•.tive Secretary shall hold office on aucb tcnus and conditions as the President may determine. (3) The Executive Secretary sha11 be responsible for the d.ay to-day administration of the Commission. ( 4) The Executive Secretary shall be responsible for the organisation and control of the staff of the Commission. (5) The Executive Secretary shall subject to the clirectivos of the Commission, arrange the business, record and keep minute~ of the meeting& ot the Commission. (6) The Executive Secretary shall perform such other func tions as the Commission may assign to him a1F.f slmll bcr assfatc.1 iu the performance of his functions by any of the staff·of the Commission. Statr or 16. (1) There shall be appointed by the President t'or the Commis Commi.J- aion such staff and employees as the Commission may require for tho sion. effective implementation of its functions. (2) The President may delegate to the Commission or any public officer the appointment of tbt: Executive Secrotary and other staff of the Commission. Fisherias Commission Act, 1993 (3) Tho staff and employees of the Com..mi.ssion are public ( mcers. ( 4) Other public officers m:1.y be transferred or seconded to t l~ Commi.ssion or may oth~rwise give assistance to the Commis~ son. Act 457 17. (1) Parliament shall provide the Commission with such funds Funding of i:i; it Jn'.l.Y require for the perfonnance of its functions; and the th~ ~om ( l)mmi.ssion may receive monies from any other source approved mtsSion. 1 v t.h.e Minister responsible for Finance. (2) There shall be paid on aII imported frozen, salted or I csh fish such levy as the Minister shall in consnltation with thl! < tlntmission dctcrmino. (3) Monies paid under subsectio11 (1) of this section sh:.ill 1·. : deposited. into a fund to be known as Fishery Development J ;ltld which is hereby established for the promotion and develop n , .. mt of the Fishing industry. (4) The Fund shall be m: ag.ed by the Minister in con s·dtation with the Comm·.ssion. (5) The Fisheries Monitoring, Control, Surveillance and 1· .,forcement Unit established under section 28 of the Fisheries 1. 1w, 1991 (P.N.D.C.-L. 256) shall submit annual report on the fund et tablished under subsection (4) of section 30 of that Law to tho C muni.ssion. 18. (1) The Commission shall keep proper books of account Accounts a td. proper records in relation to them and the account books and and Audit. n ;ords of the Commission sh.l:1.11 be in a form approved by the A ,,ditor-General. (2) Thi:, books and accounts of the Commission shall be a; :Jited annually by the Auditor-General or by an auditor appointed h · him. l9. (1) The Commission shall, as soon as possible after the ex- Annual. p· ration of each financial year but within six months after the end Report. o· · the financial year, submit to the Minister an annual report dealing g, 11erally with the activities of the Commission and shall include (a) a 1,;opy of Urn audited accounts of the Commission together with the Auditor-General's reports on it; and (b) s:.tch other information as the Minister may require. (2) The Commission sJiall also submit to the Minister such 01 l1er rei10rts on its activities as tJ:,e Mini~ter may require. regulations 1odifica ins of id con c1uential ! ,cndments , the ·,heries ·.W, 1991 '.N.D.C.L. i6). ,terpreta :Jn. Ffaherics Commission Acr, 1993 (3) A copy of the annual report .hall be forwardeJ by tbe Commission to the, (a) Office ofthe President; ·(b) National Development Planning :Commission; ( c) Statistical Service; nnd (d) Ministry of foformation. (4) TJ:te Minister s1ial1, not later thin three months after receiving the annual report, cause it to be laid before Parliament. 20. The Minister in consultation with the Commii.gion may by legislative instrwn:ent make regulations (n) for the control and issue.of licences and forms of licen ces and determine the conditions under which they may·be operated; (b) for fishing boat construction in Ghirna, and (c) generally for the effective implementation of this Act. ll. (1) The Fisheries Law, 1991 (P.'N;D.C.L. 256) shall havo effect ··subject to such modifications ns may , be necessary to jive etfect:to·the.provisions of this Act. (2) The provisions set out in Sere.Jule to this Act are a.mea de.j to the oxtont indicated. 22. Sections '.30 (2) (a) and 40 of the Fisheries Law, 1.991 (P.N.D.C.L. 256) are repeale1 by this Act. 23. In t1'is Act unless the context otherwise· requires "Co;mnission" means the Fisheries Commission; "Fund" means tlw Ftsheries Development Fund established under this Act. "Minister" meam; . the Minister responsible for Food and Agriculture. "Unit" m,;c1.ns the:monitoring, Control, Surveilla,1ce and Enforccme:1t Unit cstablishc:l under section 28 of the Fisheries Law, l99 l (P.N.D.C.L 256). Fishl'ries Commission Act, 1993 SCHEDULE (Section 23) CONSEQUENTIAL AMENDMENTS The Fisheries Law, 1991 (P.N.D.C.L. 256) is amended as follows (a) in section l (5) for "The Secr~tary for Transport und Communications may in consultution with the Sccn, tary'' substitute "The Minister for Transport and Communications may in consultation with the Minis ter and the Commission"; (b) in section 10 (lJ (b) by the substitution for "a repre~ sentative of the National Fisheries Advisory Council" of the following "a member of the Fisheries Com mission"; (c) in section 17 for "The Secretary may, on the ad.vice of the Director of Fisheries,'' substitute "Th~ ¥inis· ter may, on the advice of the Commission"; (d) in section 44 (1) for "The Secretary may by legislative instrument make regulations" substitute "The Minis .. · ter may by legislative instrument in consultation with the Commission make regulations--"; and (e) in section 44 (2) for "The Secretary for Transport and Commlmication in consultation with the Secre tary for Agriculture" substitute .. The Minister for Trans .. port and Communication in consultation with the Minister and the Commission." Act 4S7