Law of Protection and Exploitation of the Fisheries Resources of the Islamic Republic of Iran

" In the Na.e of God " Law of Protection and Exploitation of the Fisheries Resources of the Isl8lic Republic of Iran Article 1. The fisheries resources of the waters under the sovereignty and jurisdiction of the hlaalc Republic of Iran (I.R.of Iran) are the national wealth of the country. Protection and exploitation of thes~ resources are among the responsibilities of the government of the I . R. 0 fIr an. ~anagement, conservation and exploitation of these resources in line with the national interests of the country are carried out under the provisions of the present law and its l excutive regulations. Article 2. Excutivc domain8 of the present law and its excutive regulations, except to the cases specified in the present law I cover all th~ waters under the sovereignty and jurisdiction of the LR.of Ira.n including inland and marine territorial waters. Article 3. In order to enhance the quality and quantity uf fish products 1 support the juridical and natural entities involved in fisheries and aquatics sectors, a.nd mana.ge, utilize, and develop the cxiHting resources, Iranian Fisheries Company (~nlled Shilat) carries out the following activities: 1. Conducting scientific and applied research on the areas related to fisheries reBources including their life, exploitable resources, their Livi ng habitants, amount of slocks protection and management of the resources in the waters subject of article 2 of the present law. 2. Conducting necessary research and activities on the fising grounds methods of exploitation, aquarulture, and processing of fish products. 3. Carrying out activities on putting into force the fishing management a.nd related regulation8, improvement of habitant and r eaour ce pro t.ec i on, r ehab i I i t.at i on st.ocks of existing economic stocking of the waters subject of article 2 of the present law. 4. E8tablishment, deve]opment,monitor, and management of fishing ports while observing the domain of the authorities of other organizations. 5. Encouragement and support fishing, fish farming, fish production and storage indu3tries through 2 making studies, offering training and promoting technico-advisory services. Proviso Duties und powers of Iranian Fi~heries Com1ltLny subject of the present law "'ill not contradict those of the Environment Prot.ec't i on Organization. Article 4. Catch ll~ well as the processed products on bourd of fishing vessels in the wnters under sove r e i gngv and jurisdiction of the I.R.of Iran are taken as domestic productH YO thnt export of these products are subject to the country's import - export rules. Article 5. Registry of any fishing vessel by th~ Ports and Shipping Organization is subject to the formal npprovul of Iranian Fisheries Company. Article 6. ~o natural Or' juridical enti tj' is authorized to exploit fisheries reSources of the waters subject to article 2 of the present law unless the valid license had already been obtained. Terms of issuance, suspension, cancellation, validity period , extension, full or partial tran8fer of licens~ and tarrif rate of fishing vessel are subject to the excutive Code of Conduct of the present law. Article 7. Tarrif rate of foreign fishing vessels operating fiKhing activities, in accordance with the rules of the present law, in the waters under the sovereignty and '1 oJ jurisdiction of the l.R. of Iran Bhall be determined subject to the proposal and approval of the Cabinet. Article 8. Establishment of the cooperatives, ~5sociations ~nd companies involv!d in fiBhin~ and fish farming business would be possible subject to the observation of the ru Ies and r cgu Lat i ons of Ministry of Coop@ration and the approval and supervision of Shilat. Article 9. FiBhing pnrts will b~ managed under the authority and supervision of Shilat. Proviso 1 Offering services or ma.naging port facilities in some cases may be given over to cooperative or private companies. Provi.so 2 Shilnt Ig authorized to receive Borne right of enterance, fishing ports 1n the members of the in thefor offering the \'cssls charges as tariff anchorage,berth for accordance with the tarifs approved by Cabinet. Article 10. In order to 6upport coastal fishermen, idu8trial fishing vessels ar~ prohibited to fish in the coastal waters of the I.R. of Iran. Article 11. In order to support fishery activities : A. Shilat may oblige the owners of foreign or Irania.n industrial fishing vessels to insure their own vessels to the Iranian insurers or to those who have representatives In 4 Iran, to compensate or any probable losses imposed by these vessels on coastal fishing vessels within the territory of cOlistal waters. B.Agricul.turc Products Insurance Fund i e required to insure the catch and other insurance companies have to do so with regard to the fishing gears. C.lranian Fisheries Company is obliged to determine the insurance policy of the vessel and the fishing gears before issuing the fi8hlng license for all vessels. Article 12. Carrying and applying illegal fishing gears and also explosive, toxic and or electric materials which may cause to weakeness, illness and or mortality of fish are prohibited. Article 13. Foreign fishing vessels are Ro&t forbiddend to fish in the waters subject of article 2 of the present law unless there is a mutual agreement between the government of the I.R.of Iran and the flag state. Those foreign fishing vessels operating on behalf of the Iranian companies that have signed an agreement,bnsed on the approval of Shilat and the provisions law and other statutes of the I.R.of Iran, of with the the present owners of r.hese vessels, are authorized to catch f i sh. Article 14. Resource management subject of article 2 of th~ present 5 plan for law will be the waters developed on the basis of scientific research and studies by Shilat (experts) which aim at identifying and introducing exploitable resources. Such a plan should cover time, area, quantity , method, species and gear principles of fishing in n way that it could guarantee 6uBLalnabie utilization of fisheries re~ources. Proviso: Shilut is required to issue fishing license in 8ccordnncc with the principles of the a.bove- mentioned plan. Article 15. Those fishing vessels permitted to fish 111 the waters subject of article 2 of the present law are obliged on the basis of the pr-ovis i ons of the excu t i ve regulations of the present law to expose the signs, names, letters and numbers to vision that make their identity knwon. Article 16. Those fishing vessels which are permitted to fish in the waters subject of article 2 and those Iranian fishing vessels fishing out of the territory of the waters subject of the same article of the present 1a\o; have to on the basis of the excutlve reugulations transfer the statistic and information on catch 1n printed papers and within the d~termined time schedule to Iranian Fisheries Company. Article 17. Carrying out any kinds of aquaculture 6 activities after obtaining the pertinent. Iraninn Fi5heri~~ Company by thoBe nutural persons who meet the determined provisions in 1i cen se from and juridica.l the present law and its cxcutiv~ regulations is allowed. Article 18. It will he prohibited to issue license for the establisbment of aquaculture farms and facilities if they impose damages on fisheries resources. When these facilities are exposed to pollution or contagiou8 diseases, Shilat shall be responsible preventive measures, to order the necessary with respect to the inland waters (behind dams should be taken through early coordination with Measures Ministry Fisheries of theof Company r i ve rs ) 3 or articlesubject of by Irania.nta.ken Article 19. present law due to be proce38ing Engergy in accordance with water ut il ization pl an , Stocking the drinking or agriculture wntcr8 which should be done and used in accordance with water supply plan in the specified time- schedule would be possible cnly after making coordination with and obtaining license from Ministry of Energy. Article 20. Rules on establishing the facilities and conducting any types of processing ~ctivity, controlling and monitoring the of these facilities shall be determined by Shilat. 7 Article 21. The discipline Forces would be the Bole bailiff of judicature to inspect and deal wi th any detecting operatiollH in the way of putting into forcE' the present Lnw and its excutive regulations. Proviso: Domain of authority and terms of reference of the bailiffs of the Discipline Forces in implementing the toregarddue\01'1 thpresent Law shall be specified dis~iplinary force rules. Article 22. A. Any foreign f i sh i ug vessel which operates on fishing activities in the waters subject of article 2 of the present Law without obtaining the required license shall be convicted to the payment of from two to one hundred million rials cash penalty ~nd confi6cation of the catch. In addition, the court may confiscate the fishing vessel, fiehing gears, and any other equipments on board of the vessel. B. Criminals of the following crimes 1. Fishing operations b J• the 1r an i ane without without obtaining the required license determined in the present Law, 2. Illegal transfer of catch from the vessel Lo an tlnuthorized vessell 8 3. Supply and transfer of fish in order to run aquaculture without having obtained the health, 4. Sale of illegal fishing gears, 5. Change t.he route, create physical barrierB and establish any illegal facilities in the rivers which have been identified as the immigration route or natural hatching of fish, 6. Causing any kinds of pollution or spreading contagious diseases and evacuating industrial wastage or any othel' po l Iut.ant.s which impose damages on fisherieB resources, SaIl be convicted based on the judgement of the judicial courts to pay cash penalty three times of the value of the catch (in accordance with the type of crime, capacity of the vessel, volume and species of the catch) for the cases 1,2, and 3 or from one to five million rials for other cases. In addition, the court may confiscate the fishing and farming products or the income received in return of their sales and fishing or other applied gears in committing th~ crimes and also prevent the operation of the pollutant unit until recovery of its deficienry. In case. the abovc- mentioned crimes are repeated, the court, in add i t.i on to the prescribed penal ties, may 9 confiscate the fishing and other gears used in committing the crimes. C. Iranian Fisheries Company is the authorized body to identify those f i ahar-man who have committed one or all of the follo~ing crimes. The court may convict the criminals on the basis of their crimes to the payment of from one to ten million rials cash penalties and confisicntion of their catch and fishing gears 1. Fishing in the forbidd~n areal;) or closed season, 2. Catch of the spec i es which have been forbidden to be caught 1 3. Catch of the specie8 for which the required permission has not been obta.ined, 4. Fishing activities of industrial fishing vessels in coastal fishing grounds, 5. Fishing with i l Iegal gears and materials or the maintenance of such of gears or materlals on board of the vessel wi thout having obtained permission from Shilat. 6. Carry and store illegal catch on board of the vessel, 7. Avoid to transfer the inforrnation relnted to art i c Le 2 of the present law or 10 tr~n8fer forged information on ca.tch a.nd fish farming activities and under provisione of thu preBent law and its excutivc rules, 8. Non-Complianc8 with the rules with respect to expose the Bigns, names, letters, and numbers to vision which make the identity of the vessel knowll, D. Catch, processing, supply, sale, transportation, maintenance, import and export of various speci~s of 6turg~on and caviar without the permission of Shilnt are forbidden and the criminal/s will be convicted to pay cash penally upto three times of the value of the product (in accordance with the type and quantity of catch) and to a sentence of from ninty-one days to six months punishment prison. Article 23. The necessary @xcutive rules for the present law will be prepared within three months following the proposal made by Ministry of Jehad-e-Sazandegi in coordination with the Environment Protection Organization, and will be adopted by the members of the Cabinet. The present Inw includes twenty three articles and five provisos which were adapted in the public session of the Islamic Consultative Assembly on 14.6.1374 and confirmed by the Guardian Council on 22.6.1374. 11