Protection of Fresh Water Fish Proclamation. (No. 45 of 1951)

PROCLAMATION 45 OF 1951 PROTECTION OF FRESH WATER FISH To mak e provision for the protection of fresh water fish ill Basutoland. [24th August, 1951] 45 or 1951. I. This Proclamation may be cited as the Protection of Fresh Water Shorttitle. Fish Proclamation. 2. In this Proclamation and in any regulat ions made under section Interpreta tion. four, unless inconsistent with the context "d istrict" means one of tbe several areas into which the Territory has been, or may in the future be, divided for the purposes of administration; " fi sh" means fresh water fish, including the spawn of fresh water fish; "honorary fisheries officer" means a person duly appoi nted as such by the Resident Commissioner; "Government Reserve" means an area set apart for the use of the Basutoland Government at Maseru, Butha Buthe, Hlotse, Peka, Teyateyaneng, Mafeteng, Mohale' s Hoek, Quthing, Qacha's Nek, and Mokhotlong; "occupier", in relation to land. means the lawful occupier of any area of land; "open season" means any period which has not been prescribed as a close season in terms of paragraph (a) of sub-section (I ) of section three; "police officer" means any commissioned officer of the Basutoland Mounted Police; "private land" means any land which has been lawfully allocated to any person or body of persons for occupation as a site for a residence. mission. trading station or any other law ful purpose; "waters" means any river, stream or creek and any fresh water lake, dam, reservoir, pond, pool or other collection of water in which fresh water fish may be found. Close season s and prohibited fishing. Power to make regu lat ions. 3. (I) The High Commissioner may from time to time by Notice in the Gazette, subject to the rights of occupiers of land to the use of waters mentioned in section seventeen-s (a) prescribe for any district of the Territory or for any area or waters, the periods of close seasons within which it shall not be lawful for any person or specified class of person to fish for, capture or destroy any par ticular kind or kinds of fish; (b) prescribe a list of fish which shall not be subject to any such periods of close seasons in any district, area or waters; and (c) prohibit for any specified period the fishing for, capture or destruction of all or any part icular kind or kinds of fish in any area or waters. (2) The powers hereinbefore mentioned may be exercised in respect of any particular kind or kinds of fish, and with reference to any district of the Terr itory or any particu lar area or waters. 4. (I) The High Commissioner in Council may make regulations, not inconsistent with this Proclamation for all or any of the following matters : (a) the issue of permits for the capture of fish, including the con dition s under which they may be issued and the fees (if any) payable therefor; (b) the conditions to be observed by persons engaged in the cap ture of fish, whether or not permits are required therefor; (c) the size of fish which may be retained after capture, and the disposal of undersized fish and of fish captured without authority; Provided that nothing in this Proclamation or any regulations made thereunder shall prevent the capture and disposal of any species of fish of any size hatched in any bona fide establishment carried on for the purpose of stocking or restocking the waters of the Territory; or carried on for his own private use by a person on land lawfully occupied by him; (<I) prohib iting or regulating the capture or destruction of fish by any particular method, contrivance or implement; (e) the cultivation of fish and the protection of fish, fish spawn and fish food; (fJ prohibiti ng or regulating the removal or release of fish for the purpose of stocking any waters or for any other purpose; (g) prohibiting the dumping, deposit or discharge into any waters of any substances or liquid which may be or become injurious to fish life; (h) prohibiting the fishing for, capture or destruction, in any waters of the Territory, of any trout (Salmo Iorio or Salmo gaird nerii, large-mouth black bass (Micropterus salmoides) or any other species of non-indigenous fish which have been or shall be introduced into the Territory; (i) regulating the importation of live fresh fish into the Terri tory; and generally for carrying out the objects and purposes of this Proclamation; (j) limiting or regulating the right to kill, catch or otherwise destroy any fish during any open season. (2) The power to make regulation s in regard to the matters men tioned in the preceding sub-section may be exercised generally or in respect of any class of person or in respect of any particular variety or varieties of fish, or with reference to any particular district, area. waters or portion s of waters which may be specified. (3) The fees, if any, to be paid for permits may vary according to the purposes for which such permits are issued. 5. The Resident Commissioner may, by written authority, exempt from any of the provisions of this Proclamation any officer or other person employed or engaged in administrative, scientific or experimental work in connection with the development. investigation or control of fresh water fish. 6. Any person other than an African who during any close season wilfully disturbs, or in any manner takes. catches, kills or is found in possession of any fish specified in any notice issued in terms of section three; or any person who during any close season wilfully injures or disturbs the ova or spawn of any such fish, or any spawning bed. or any bank or shallow whereon the spawn of any fish is deposited shall be guilty of an offence against this Proclamation. 7. No person other than an African shall take any trout, black bass or non-indigenous fish from any waters without having previously obtained the appropriate permit (if any) : Provided that any occupier of land or his wife or any of his minor children who are ordinarily resident with him shall be entitled to fish in the waters upon or flowing through or bordering on the land of which he is the occupier without having obtained any permit; and provided further that no permit to fish shall authorise the holder thereof to enter or be upon any private lands without the consent of the lawful occupier. Exemption of officers and others fo r special purposes. Unlawful to disturb, catch, etc.. or be in po ssession of fish in close season. Non indigenous fish. Proh ibited means of capturing fish. Use of expl osives. etc. Unlawful possession. sale , et c., of fish. Power of police to demand name and place of abo de o f suspected person . Powers of pol ice officersand ho norary fishe ries officers . Obstruction of officers. 8. It shall not be lawful for any person other than an African to use for the capture of fish, any kraa l or contrivance of sacking, canvas, wicker. cane, wire. net or other material not being a net or implement of fishing provided for by this Proclamation. 9. No person shall at any time by means of dynamite or other ex plosives, or by means of any chemical, poisonous or other injurious substance, wilfully kill or destroy any fish in any waters in the Territory. 10. Any person other than an African who has in his possession or who sells, exhibits or offers for sale any fish, the taking of which is forbidden or unlawful, shall be guilty of an offence against this Pro clamation. II. Upon reasonable grounds of suspicion that any person has offe nded against the provisions of this Proclamation or any regulations made thereunder, it shall be lawful for any police officer, or for any other person who shall produce written authority from the officer com manding the Basutoland Mounted Police to require the person suspected of having so offended to give his name and place of abod e; and in case such person shall, after being so required, refuse to give his name or place of abode, or give an untru e name or place of abode, he shall be guilty of an offence against this Proclamation and shall be liable, on conviction, to a fine not exceeding two rands, or in default of payment to imprisonment for a period not exceeding seven days. 12. It shall be lawful for any police officer or any honorary fisheries officer (a) to seize all fish wheresoever found, caught, taken or removed in contravention of this Proclamation, as well as any other fish with which they may have been placed or mixed in cir cumstances indicating a purpose of avoiding detection or otherwise evading the law; (b) to seize any prohibited or unlawful nets, machines, appliances or instruments whatsoever, which to the knowledge or in the reasonable belief of such officer are being or have been or are about to be used for the purpose of fishing or for any other purpose contrary to the provisions of this Proclamation . 13. Any person who shall assault. resist or obstruct a police officer or honorary fisheries officer in the performance of his duties under this Proclamation. or who shall refuse or negelect to comply with any direction lawfully given. shall be guilty of an offence against this Pro clamation. 14. Any person who shall place any obstruction in any waters with the intention of preventing the free passage of fish in such waters shall be guilty of an offence against this Proclamation : Provided. however. that the Resident Commissioner may, by written auth ority exempt from the provisions of this section any officer or any other person em ployed or engaged in administrative. scientific or experimental work in connection with the development. investigation or control of fresh water fi sh. or the stocking or restocking of the waters of the Territory with any such fish. J5. Any person who shall cut through, break down, or otherwise destroy any dam. reservoir, pool or other collection of water. or drain the water therefrom with intent thereby to take or destroy any of the fish therein , shall be guilty of an offence against this Proclamation. 16. (I) Any person who shall commit any offence against this Pro clamation or shall contravene any provision thereof or any regulation made under section four shall. except as may be otherwise specially provided, by liable. on conviction. to a fine not exceeding one hundred rands. or in default of payment to imprisonment for a period not ex ceeding six months. (2) The Court may, in its discretion, order the forfeiture of any nets or implements used in connection with the offence. and, in the case of a second or subsequent conviction, may order the forfeiture of any boats or gear so used or the cancellation of any licence relating to fishing held by the person convicted. (3) When a licence has been cancelled under the provisions of this section the holder thereof shall not again be entitled to obtain a licence without the consent in writing of the Resident Commissioner. 17. Subject to the above provisions nothing in this Proclamation con tained shall be deemed to deprive the lawful occupiers of land of their right to the use of the water of any rivers. streams or other waters in accordance with any recognised custom, law, Proclamation or regu lation in force in the Territory. 18. Notwithstanding anything to the contrary contained in this Pro clamation or in any regulations issued under section fo ur. Africans Obstruction of waters. Damaging property for purpo ses of taki ng fish. Pena lties. Preservation of rights of lawful occ upiers of land. Africans on Government Reserves . G.N . 6 of 1953. shall, when on Go vernment Reser ves, be subjec t to the provision s of the Proclamation a nd regulati ons regard ing the protection of fish, as if they were persons other than African s. G OVERNMENT NOTICE 6 OF 1953 APPOINTM ENT O F FISHERI ES OFFICER (Under section two) [11th April, 1953] T he Resident Commissioner ha s appointed the Agricultural and Live stock Officer, Mafeteng, a n ex-officio H onorar y Fishe ries Officer. H IGH COMMISS IONER' S N OTICE 113 OF 1951 CLOSE SEASON S (FISH) (Under section three) [13th August , 1951] The close season tor the types of fish specified in the First and Second Schedul es here to shall, in respect of the waters set out in the said Schedules, be the periods specified in the sa id Schedules : Pro vided that the R esident Commissioner may by Notice in the Gazell e amend either or both Schedules from time to time in wha tever manner he may deem fit. FIRST SCHEDULE(') BASS The close season for bass shall be for such period or periods as may be determined by the Resident Commiss ioner and notified in the Gazette. and shall apply to such waters as may be specified in such Notice. SECOND ScHEDULE T ROUT 1. The close season for trout shall be from the first day of June in any one year to the thirty-first day of August in that year, both days inclus-ive. 2. The said close season shall apply to the following waters situated in the districts stated. (In this Schedul e. "above" means upstream from): Burha But he D ist rict (a) Hlolo Stream above the new bridge. (b) Malimbamats'o River abo ve the Boloatopo dipping tank. (c) Hlotse River and upper tributaries above Khabo's Store including Pela-ts'oeu Stream. Lerib e D is/ric t(2) (a) The Hlot se River abo ve its confluence with Maoafubelu River. (b) The following tributaries of the Hlotse River ( l) Malao aneng . (2) Khalamajoe. (Il As amended by G. N. 1 of 1954. (2) As substituted by G .N . 27 of 1956. 1I3 of 1951. (3) Pelatsoeu. (4) Kota. (5) Kotanyane. (6) Tsehlanyane. (c) Maoafubelu River. (eI) The following tributaries of the Maoafubelu River (l) Morotong. (2) Morotoaneng. (3) Mphosong. (4) Bolahl a . (e) Tsiunyane River. (I) The following tributaries of the Tsiunyane River (I ) Like1ing. (2) Fenyane. (3) M etati . (g) Pelaneng, a tributary of the Malibam at so. Teyatey aneng District (a) Scnqunyane River above the junction with Tsoel ike Stream. (b) Up per tributaries of Phuthiatsana (Little Caledon) River. M aseru D istrict (a) Makhalan eng River above Moits'upeli's. (b) Maletsunyane River above the Semonko ng Falls. (c) Makhaleng River above the Makhaleng Store. Ma/eteng D istrict (a) Ribaneng Stream on Mafeteng-Falls' path. Mohole:s Hoek District (a) Qhoasing Stream. (b) Ketane River . Quth ing Distr ict ( a) Sebapala River above the junction with Tsatsana Stream. ( b) Ts ats ana Stream. Qacha's N ek District(l) Tsoelike River and its tributaries. Mokh otlong District (a) Upper reaches of Mokhotlong River from Abias. (b) Langa beletsi (Lekhalabalet si) River . (c) Bafa li St ream. (d) Maremoholo Rive r. (e) Sehonghong River and tributaries up to Sani Pass.