General Fisheries Regulation of the Maldives [Regulation No. R-75/2020]

Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette ` Ministry of Fisheries, Marine Resources and Agriculture, Male’, Republic of Maldives. General Fisheries Regulation of the Maldives Chapter 1 General Provisions Introduction and Name 1. (a) This Regulation has been made by the powers vested in the Ministry pursuant to Section 33 (a), Section 76 (b) and Section 86 (a) of Act No.: 14/2019 (Fisheries Act of Maldives). (b) This Regulation shall be cited “General Fisheries Regulation of the Maldives”. Applicability 2. This Regulation shall be applicable to persons, land and sea vessels, fish processing and exporting facilities, aircrafts, other crafts or places engaged in or otherwise connected with any fishing activities falling within the scope of the Fisheries Act of the Maldives. Exemptions 3. Activities conducted in the maritime zones of the Maldives on behalf of the government of Maldives for the research/investigative purposes and activities conducted in the maritime zones of the Maldives with the authorization of the Ministry for research/investigative purposes, shall be exempt from this Regulation. Commencement 4. (a) This Regulation shall come into force on the date it is published in the Maldivian Government Gazette. (b) Enforcement of Section 17 (b) (1) of this Regulation shall start 6 (Six) months from the date this Regulation comes into force. Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette Enforcement of Section 14 of this Regulation shall start 1 (one) year from the date this Regulation comes into force. Chapter 2 Fishing using a net for personal consumption Fishing using a net for personal consumption 5. (a) It is prohibited to catch any of the following varieties using a net, for personal consumption. (1) Silver sprat (2) Cardinal fish (3) Fusiliers (4) Blue Sprat (5) Anchovy (6) Blue-Green Puller/Blue-Green Damsel (7) Samoan Silverside (8) Bigeye Scad (9) Mackeral Scad (b) It is prohibited to harvest fish using a net, outside lagoons waters of islands, for personal consumption. (c) Fishing using a net for personal use within the maritime zones of the Maldives shall be conducted in accordance with Schedule 1 of this Regulation. Chapter 3 Fishing from lagoon waters Fishing from lagoon waters of inhabited islands 6. Policies and regulations formed under the powers vested in the Councils pursuant to Act No. 7/2010 (Act on Decentralization of the Administrative Divisions of the Maldives) with regard to the management of fishing and fishing activities in the lagoon waters of the islands, which are within the jurisdictions of the islands; shall be formed in accordance with Act No. 14/2019 (Fisheries Act of the Maldives) and the Regulations and Management Plan made thereunder. Fishing from lagoon waters of islands leased under “varuvaa” scheme or otherwise 7. Fishing from lagoon waters of islands leased by the Ministry under “varuvaa” scheme or otherwise, shall be upon authorization from the leaseholder of the island. Such authorizations shall be issued in accordance with the Fisheries Act of Maldives and the regulations and Fisheries Management Plan formed thereunder. Fishing from lagoon waters of tourist resorts 8. Fishing from lagoon waters within the jurisdiction of a tourist resorts shall be upon authorization from the management of that resort. Such authorizations shall be issued in accordance with the Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette Fisheries Act of Maldives and the regulations and Fisheries Management Plan formed thereunder. Chapter 4 Determination of lagoon area Determining the size of lagoon 9. (a) For the purposes of all Regulations formed pursuant to Act No. 14/2019 (Fisheries Act of Maldives), lagoon area of islands other than resorts, shall be determined as follows. (1) If the distance between the vegetation line and fore reef of the island is greater than 700 (Seven Hundred) meters, 700 (Seven Hundred) meters from the vegetation line; (2) If it is less than 700 (Seven Hundred) meters, from vegetation line to fore reef; (3) If there is more than one island in the lagoon area and the distance between the islands is less than 1400 (One Thousand Four Hundred) meters, the area between the two islands shall be divided equally between them. (4) If there is more than one island in the lagoon area and the distance between the vegetation line of one island to the other is greater than 1400 (One Thousand Four Hundred) meters, the lagoon area of the island shall not exceed 700 (Seven Hundred) meters. (b) Lagoon area of resorts shall be determined as stipulated in Regulation No. R-7/2012 (Boundary Regulations for Islands Leased for the Development of Tourist Resorts, Tourist Hotels, Tourist Guest Houses and Yacht Marina) Chapter 5 Best Practices and guidelines for Fishery Observing Best Practices in Fishery 10. (a) Fishermen, parties producing fish products and all parties conducting fishing related activities shall ensure the following is observed for the preservation of marine resources and their ecosystems and other natural resources and its beauty of the Maldives, for the future generations. Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette (1) Refrain from doing anything that may cause harm to the environment; (2) Reduce wastage of natural resources found in the sea that is used for fishing; (3) Undertake measures to reduce bycatch; (4) Responsible disposal of waste produced by fishery Disruptions to Fishermen (b) It is prohibited for any party to cause disruptions to parties conducting fishery in permitted areas and in accordance with the Fisheries Act of the Maldives and the Regulations formed thereunder. Prohibited Activities in Fishery 12. The following activities are prohibited in fishery. (a) Use of spear gun to harvest, catch or attack fish; (b) Fishing in protected areas by the Ministry or any government institution, in contravention of any guidelines relevant to the area; (c) Use of aircraft or any type of aerial vehicle/drones as fishing aids; (d) Rodhulun (e) Scuba diving for the collection of sea cucumber (f) Conducting any type of fishing that is prohibited pursuant to Section 27 of Act No. 14/2019 (Fisheries Act of Maldives) (g) Unauthorized operation of a fishing vessel outside of the maritime zones of the Maldives; (h) Transshipment of fish from one vessel to another outside the atoll areas (etherevari) or if the island is naturally formed as an atoll by itself, within 1 (one) nautical mile from its fore reef. (i) Transshipment of fish in contravention of the Fisheries Management Plan, within the waters of atolls, or if the island is naturally formed as an atoll by itself, within 1 (one) nautical mile of its fore reef. Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette Fishery by foreigners 13. Foreigners may work on fishing vessels by obtaining a work permit as per the guidelines formed by the relevant government authorities, to work on the fishing vessel. Chapter 6 Scuba Diving for fishery Scuba Diving for fishery 14. It is prohibited to scuba dive for bait fishing or fishing or any other fishing related activities, without a certificate received upon completion of a nationally or internationally recognized training. Responsibilities of Boat Owner (Odiveryaa) or Operator 15. Diving gear used on licensed vessels by the Ministry shall be regularly serviced to ensure such gear is safe for diving. Prohibitions for Master or Keyolhu 16. (a) The following activities are prohibited under this Regulation, for the Master or Keyolhu. (1) Sending any person diving for bait fishing, fishing or any fishing related activities without proper certification as stipulated in Section 14 herein. (2) Sending any person diving for bait fishing, fishing or any fishing related activities in contravention of any guidelines prescribed in the certificate stipulated in Section 14 herein. (3) Sending any person diving for bait fishing, fishing or any fishing related activities without ensuring their fitness for such diving. (b) If any person is harmed/injured due to the Master or Keyolhu of vessel conducting any of the activities stipulated in subsection (a) herein, the Ministry must request a criminal investigation from Maldives Police Service. Prohibited species of fish for harvesting, catching, taking and killing; and prohibited species of fish for export and import Determination of species of fish prohibited from harvesting, catching, taking and killing 17. (a) It is prohibited to harvest, catch, take, kill or keep in the vessel any type of fish stipulated in Schedule 2 of this Regulation, within the maritime zones of the Maldives. Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette (b) It is prohibited to harvest, catch, take, kill or keep in the vessel any type of fish stipulated in Schedule 2 of this Regulation, by any Maldivian vessel operating outside the maritime zones of the Maldives. (c) Notwithstanding Subsection (a) and (b) herein, if any type of fish as stipulated in Schedule 2 of this Regulation is caught as bycatch, it shall be reported to the Ministry as per the Management Plan for that type of fishery. Under these circumstances, such a party is not deemed to have violated Subsection (a) and (b) herein. (d) It is prohibited to cause any harm or disturbance to or attract using light or attempt to do any such thing to the species of fish stipulated in Schedule 2 herein. (e) It is prohibited to use the species of fish stipulated in Schedule 2 as follows. (1) Sale and purchase of such species of fish and products made from such species of fish; and displaying them in a public place or in a place that sells goods. (2) Importing and exporting of such species of fish and products made from such species of fish. Import of saltwater fish 18. Live saltwater fish may only be imported to the Maldives under a special permit issued by the Ministry. Species of fish prohibited from being exported 19. (a) It is prohibited to export or attempt to export from Maldives, any species of fish or products made from any species of fish stipulated in Schedule 3 herein. (b) Notwithstanding subsection (a) above, species of fish stipulated in Schedule 2 and Schedule 3 herein, may be exported under a special permit issued by the Ministry, following the aquaculture of such species. Placement of Fish Aggregating Devices (FADs) and managing the use of FADs for fishing Placement of FADs 20. (a) Placement of any type of FADs within the maritime zones of the Maldives for the purposes of fishery may only be done by the Ministry or a party designated by the Ministry. (b) A list of FADs placed by the Ministry (including its position and other information) pursuant to Subsection (a) herein, Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette shall be published and kept up-to-date on the website of the Ministry. Damage to FADs 21. It is prohibited to damage or remove any part of or bring any alterations to a FAD placed pursuant to Section 20 (a) herein. Fishing near FADs 22. (a) It is prohibited to conduct any form of fishing other than the pole-and-line fishing typically done by Maldivians, within 3 (Three) miles from any FAD placed by the Ministry. (b) It is prohibited to carry out the following activities within 3 (Three) miles of an FAD placed by the Ministry, as stipulated in Subsection (a) herein. (1) Drop live bait; (2) Trolling; (3) Use of samoan silverside as bait; (4) Tying the boat to the buoy of FADs; (5) Any act that may harm FAD aided fishery; (6) Scuba diving Chapter 9 Sharing of information and collection and management of information Sharing of information 23. (a) Parties that conduct fishery, fishing related activities or manufacture fish products shall provide to the Ministry or a party designated by the Ministry, the information or statistics required by the Ministry as per the guidelines of Ministry. (b) Information provided or completed for the Ministry or collected or maintained to provide to the Ministry, shall be correct and complete. Such information provided to Ministry must not be inaccurate or false. Chapter 10 Fisheries Observers and Fisheries Rangers Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette Employing persons for Regulation enforcement and monitoring 24. The Ministry has the authority to employ Fisheries Rangers and Fisheries Observers for the collection of relevant data, enforcement of the Fisheries Act of Maldives and Regulations formed thereunder; and reporting and monitoring of vessels and facilities issued licenses or permits by the Ministry for fishing or manufacturing fish products or conducting fishing related activities or undertaking aquaculture. Fisheries Observers 25. (a) Fisheries Observers may be appointed for the collection of trustworthy and accurate information for the purposes stipulated in Regulations and the Management Plan formed pursuant to Act No. 14/2019 (Fisheries Act of Maldives). (b) An employee of the Ministry or an employee of another government institution as determined by the Ministry, may be appointed to undertake the responsibilities of the Fisheries Observers as stipulated in Section (a) herein. (c) All parties conducting fishing or fishing related activities shall fully cooperate with the fisheries observers appointed pursuant to this Section. Basic requirements of a Fisheries Observer 26. Ministry shall ensure that employees appointed as Fisheries Observers meet the following requirements. (1) Shall not conduct any fishing related activities for business or has an interest in such a business; (2) Have not been convicted of the offense of abuse of entrusted power for personal gain or the offense of corruption; (3) Shall not be a political appointee or an elected official. Responsibilities of a Fisheries Observer 27. The following are included in the responsibilities of Fisheries Observers. (1) Collection of information on fishing gear and the their uses; (2) Collection of information on fish sellers and the type, quantity or weight of fish sold; (3) Collection of information on any protected species such as fish, mammals, birds, turtles, tortoise that may have been released alive, and on the quantity of fish caught or taken as bycatch; Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette (4) Collection of information on areas used for fishery; (5) Capturing photographs and videos of fishing related activities conducted on vessels. (6) Collection and compilation of data to be shared by Maldives with regional organizations that organize, operate and manage fisheries. (7) Information collected or recorded by the Fisheries Observers shall be regularly shared with the Ministry as per the guidelines of Ministry. Fisheries Rangers 28. An employee of the Ministry or an employee of another government institution as determined by the Ministry, may be appointed to undertake the responsibilities of the Fisheries Ranger. Basic Requirements of a Fisheries Ranger 29. Employees appointed as Fisheries Rangers shall meet the following requirements. (1) Shall not conduct any fishing related activities for business or has an interest in such a business; (2) Have not been convicted of the offense of abuse of entrusted power for personal gain or the offense of corruption; (3) Shall not be a political appointee or an elected official. Responsibilities of a Fisheries Ranger 30. (a) The following are included in the responsibilities of Fisheries Observers. (1) Monitoring and inspecting vessels and places issued licenses or permits by the Ministry for fishing or manufacturing fish products or conducting fishing related activities or undertaking aquaculture, as per the guidelines of the Ministry. (2) Reporting on the inspections conducted by the Ministry, as per the guidelines of the Ministry. (3) If any violations of Act No. 14/2019 (Fisheries Act of Maldives) and the Regulations and Management Plan formed thereunder, comes to their attention, such violations shall be reported to the Ministry. Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette (4) Serving notice to any parties with regard to measures taken against them for contravening Act No. 14/2019 (Fisheries Act of Maldives) and the Regulations and Management Plan formed thereunder, as per the instructions of the Ministry. (5) Checking whether reports are submitted regularly by parties issued permits or licenses by the Ministry and are obligated to send regular reports to the Ministry. (6) Collection and analyses of fish or fish product samples from facilities that conduct fishing or fishing related activities or manufactures fish or undertakes aquaculture. (b) The Ministry has the discretion to include additional responsibilities related to the enforcement of Act No. 14/2019 (Fisheries Act of Maldives), to the list of responsibilities stipulated in Subsection (a) herein. Code of Conduct for Fisheries Observers and Fisheries Rangers 31. Fisheries Observers and Fisheries Rangers, in undertaking their responsibilities shall be mindful of/observe the following. (a) Any information collected or received in their official capacity, must not be used to provide any benefit to self, friends, relatives, or any person having a relationship with the Fisheries Ranger or Fisheries Observer. Any such information or document collected or received in their official capacity shall not be disclosed to a third party without the authorization of the Ministry. (b) Shall not use any asset, money or resources of the Government except for official use. (c) Persons appointed as Fisheries Observers and Fisheries Rangers shall be respectful in dealing with parties they may come across in their work environment. (d) Refrain from doing any work or excuse themselves from taking part in any decision making process that may give them an unfair advantage, or if such a circumstance arises or a conflict of interest arises, it shall be disclosed with the Ministry. Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette (e) Fisheries Observers and Fisheries Rangers shall not work for their personal gain when working in their official capacity and shall not accept any bribes or gifts from any party. (f) Items, passes, passwords and such things handed over for official use, shall be used safely. (g) Pass or badge of Fisheries Ranger’s shall not be used for purposes other than official use. Responsibilities of the Ministry 32. The Ministry shall complete the following things with regard to the works of Fisheries Observers and Fisheries Rangers. (a) Provide all tools/resources/equipment required for work; (b) Provide transportation and food allowance when visiting facilities or vessels, within the guidelines of Ministry. Chapter 11 Fisheries Registry Compilation of Fisheries Registry 33. (a) The Ministry shall compile and keep up-to-date, a Registry of all parties conducting fishery in the Maldives. (b) For the purposes of compiling the Registry stipulated in Subsection (a) herein, all parties conducting fishery shall register as per the guidelines of the Ministry. (c) Persons conducting fishery are those that generate a majority of their monthly income via fishery. As such, their income generated from other works or other sources of income shall be less than the income generated from fishery. Chapter 12 Penalization Violation of Regulation 34. (a) It shall be an offense to conduct an act that is prohibited under this Regulation, or to conduct any act contrary to the manner stipulated in this Regulation. (b) Persons committing an offense stipulated in Subsection (a) herein, shall be penalized as per the procedures set down in Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette Regulation No. R-74/2020 (Regulation on administration of penalties for fisheries related offences). (c) Penalties for offenses stipulated in Schedule 4 herein, or activities that warrant administrative measures, shall be in accordance with aforementioned Schedule 4. (d) Penalties for offenses stipulated in Schedule 5 herein, or activities that warrant administrative measures, shall be in accordance with the aforementioned Schedule 4, and shall be in consideration of the benefit received or foreseen to be received. (e) If a vessel has been used to commit any offense stipulated in Subsection (a) herein, the Ministry has the discretion to fine the owner or operator or master or even keyolhu of the vessel, under Regulation No.: R-74/2020 (Regulation on administration of penalties for fisheries related offences). Chapter 13 Definitions Definitions 35. In this Regulation, unless the context otherwise requires, the following terms or phrases shall be defined as follows. (a) “Ministry” means, the government institution responsible for all things related to fisheries, including those things done for the purposes of aquaculture. (b) “Fishing” means: (1) searching for the purpose of catching, taking, killing of fish; (2) attempting to search for, catch, take, kill or harvest fish; (3) engaging in any other activity that results in the searching, catching, taking, killing or harvesting of fish; (4) placing or searching or retaking of any fish aggregating device or equipment including “radio beacons”; (5) undertaking any operation at sea or on an island in preparation for any activity mentioned in subsections (1), (2), (3) or (4). (c) “fishing related activities” means: Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette (1) transshipment of fish or fisheries products to a vessel or from a vessel to another place; (2) preserving or transporting of fish from one place to another from the time of catching or taking of fish; (3) storing, purchasing and processing of fish and fishery products from when they are taken from the maritime zones of the Maldives and until the time they are landed ashore; (4) exporting fish and fishery products; (5) refuelling or supplying fuel to fishing vessels or providing any activity or service in support of fishing operations; and (6) attempting to or preparing to carry out any of the activities set out from subsections (1) to (5). (d) “Fishing for personal consumption” means fishing where the fish taken or caught is used directly for the personal consumption of the family of the person or persons who caught the fish; and where no fish is sold personally or through another person for any business or production purpose. (e) “Spear gun” means, anything that is prepared to discharge/shoot a sharp tipped objects using a sling or air or chemicals, for killing or attacking fish. (f) “Fore Reef” means the seaward slope of the reef of naturally formed islands or lagoons, which descends towards the open sea. (adi engey fah kendi) (g) “Fisheries Rangers” means, persons appointed by the Ministry pursuant to Section 58 of Act No. 14/2019 (Fisheries Act of Maldives). (h) “Fisheries Observers” means, persons appointed by the Ministry pursuant to Section 69 of Act No. 14/2019 (Fisheries Act of Maldives). (i) “Master” means, any person holding the most responsible position at any given time on-board a fishing vessel. This includes the keyolhu or skipper. (j) “Vessel” means, any type of vessel, ship or any other thing which is used for fishing, which has been built or prepared for fishing, or which is usually used for fishing or related activities. Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette (k) “Within the waters of atolls” means, within the seas of naturally formed atolls. (l) “Bait Fishing” means, catching (including use of light and diving) of bait commonly used in the Maldives for pole-and line fishing, hand line fishing and reef fishing for groupers, for the use of this type of fishing. (m) “Maritime zones of Maldives” means, Maldives internal waters, archipelagic waters, territorial sea and exclusive economic zone as stipulated in the Act No.: 6/96 (Maldives Maritime Zones Act). Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette Schedule 1 Policy for use and requirements of nets used in fishery for personal consumption within the maritime zones of the Maldives (a) Size of nets Nets used in fishery for personal consumption shall not have more than 100 (Hundred) Feet in length. (b) Mesh Size The minimum mesh size of nets used in fishery for personal consumption is 4” (Four) inches. For the purposes of this Regulation, mesh size means the diagonal distance between the knots, as illustrated in the diagram below. (c) Use of nets - Shall not leave the nets after setting them up Shall not do anything that may damage the reefs when using nets for fishery. Shall not leave the net in use for longer than 2 (Two) hours. Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette Schedule 2 Prohibited types of fish for taking, catching, harvesting and killing in the maritime zones of the Maldives English Name Dhivehi Name Scientific Name 1. Cetacceans ްބޮޑުމަހާއި ކޯމަހުގެ ހުރިހާ ބާވަތްތައ Infraorder: Cetacea 2. Berried lobsters *ިބަނޑު ދޮށުގައި ބިސް ހުންނަ އިހ Infraorders:Astacidea and Achelata 3. Lobsters with carapace smaller than 7.6cm in length (length measured from the rear of the eye socket to the rear of the carapace on a line parallel to the center line of the body shell) ސެންޓިމީޓަރު 7.6އިހީގެ ތޮށިގަނޑުގައި ހަމަނުވާ އިހި )ދިގުމިން ބަލާނީ، ލޮލުގެ ން ފެށިގެން ބޮލާއި ނިގުލާ ތިރީކައިރި ދޭތެރޭގައިވާ ތޮށިގަނޑު )ކެރަޕޭސް( ނިމޭ ހިސާބަށް(* Genus: Panulirus 4. Giant Clam ަގާހަކ Genus: Tridacna 5. Sharks ުމިޔަރ Super order: Selachimorpha 6. Rays ީމަޑ Super order: Batoidea 7. Corals ްހިރި/ގާ/މުރަކަ/މާގަނޑު/ސޮދްޓް ކޮރަލ )ދިރޭ ހާލަތުގައްޔާއި މަރުވެފައިވާ ހާލަތުގައި( Phylum: Cnidaria, class: Anthozoa 8. Parrotfishers ެސްކެރިޑޭ އާއިލާއަށް ނިސްބަތްވާ ލަނޑާގ ހުރިހާ ބާވަތެއް Family: Scaridae 9. Napoleon Wrasse ާމާހުޅުނބު ލަނޑ Cheilinus undulatus 10. Sea Turtles and their eggs Superfamily: Chelonioidea ވެލަޔާއި ކަހަނބާއި އޭގެ ބިސް 11. Black Coral ިއެންދެރ Order: Antipatharia 12. Whalesharks ިފެހުރިހ Family: Rhinocodontidae 13. Triton Conch ުސަންގ Charonia tritonis *Types allowed to import when killed Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette Schedule 3 Prohibited types for export from Maldives English Name Dhivehi Name Scientific Name 1. Lobster and lobster meat Infraorders: Astacidea and އިއްސާއި އިހިމަސް Achelata 2. Top shells/ Trochus shells Fenus: Trochus ގޮނު ފޫއެނބުރި 3. Corals and sea anemones ހިރި/ގާ/މުރަކަ/މާގަނޑު )ދިރޭ ހާލަތުގައްޔާއި މަރުވެފައިވާ ހާލަތުގައި( Phylum: Cnidaria, class: Anthozoa 4. Eel ްވެނ Order: Anguilliformes 5. Pufferfish ިކޮލ Family: Tetraodontidae 6. Oysters ްއިތާގެ ހުރިހާ ބާވަތެއ Family: Pteriidae 7. All types of fish used as bait in fishing (a) Silver Sprat ިރެހ Spratelloides gracilisi (b) Blue Sprat ިހޮނޑެލ Spratelloides delicatulus (c) Cardinal fishes ާބޯދި، ފަރ Apogonidae (d) Anchovy ްމިޔަރެނ Encrasicholina heteroloba (e) Fusiliers ްމުގުރާނ Caesionidae (f) Bigeye Scad ްމުށިމަސ Selar crumenophthalmus (g) Chromis ިނިލަމެހ Chromis sp 8. Big Shells (a) Chiragra spider conch ިރާކަނ Harpago chiragra (b) Spider conch ިރާކަނ Lambis lambis 9. Silver-mouthed turban ިސަނދަރ Turbo agyrostomas 10. Octopus ަބޯވ Order: Octopoda Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette Schedule 4 Offenses with determined fines as penalties and measures # Activity Fine Fines for repeated offenses 1. Catching prohibited types with net for personal consumption 2,000/- Rufiyaa An additional 500/- Rufiyaa to the previous fine amount for every repeated offense (up to 5,000/- Rufiyaa) 2. Netting outside the lagoons waters of islands for personal consumption 3,500/- Rufiyaa An additional 500/- Rufiyaa to the previous fine amount for every repeated offense (up to 5,000/- Rufiyaa) 3. Use of nets in violation of set guidelines for personal consumption 2,000/- Rufiyaa An additional 500/- Rufiyaa to the previous fine amount for every repeated offense (up to 5,000/- Rufiyaa) 4. Fishing from lagoon waters of islands leased under varuvaa scheme or leased for long-term, without the consent from the leasholder. 3,000/- Rufiyaa An additional 500/- Rufiyaa to the previous fine amount for every repeated offense (up to 5,000/- Rufiyaa) 5. Fishing from the lagoon waters of tourist resorts 5,000/- Rufiyaa An additional 500/- Rufiyaa to the previous fine amount for every repeated offense (up to 5,000/- Rufiyaa) 6. Absence of appropriate measures for waste management in vessel 300/- Rufiyaa An additional 100/- Rufiyaa to the previous fine amount for every repeated offense (up to 5,000/- Rufiyaa) 7. Use of spear guns for catching or killing fish 3,000/- Rufiyaa An additional 1,000/- Rufiyaa to the previous fine amount for every repeated offense (up to 5,000/- Rufiyaa) 8. Fishing from protected areas by the Ministry or any other government institution in violation of set guidelines 3,500/- Rufiyaa An additional 500/- Rufiyaa to the previous fine amount for every repeated offense (up to 5,000/- Rufiyaa) Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette 9. Use of drone or aircrafts as aids for fishing 2,500/- Rufiyaa An additional 500/- Rufiyaa to the previous fine amount for every repeated offense (up to 5,000/- Rufiyaa) 10. Conducting purse sein fishery 400,000/ Rufiyaa 11. Driftnet fishery 400,000/ Rufiyaa 12. Trawl netting 400,000/ Rufiyaa 13. Use of nets for personal consumption, except for bait fishing 10,000/ Rufiyaa An additional 10,000/ Rufiyaa to the previous fine amount for every repeated offense (up to 400,000/ Rufiyaa) 14. Use of explosives for fishing 100,000/ Rufiyaa An additional 30,000/ Rufiyaa to the previous fine amount for every repeated offense (up to 400,000/ Rufiyaa) 15. Use of poison for fishing 100,000/ Rufiyaa An additional 30,000/ Rufiyaa to the previous fine amount for every repeated offense (up to 400,000/ Rufiyaa) 16. Collecting sea cucumber by scuba diving 1,000/- An additional 700/- Rufiyaa to the previous fine amount for every repeated offense (up to 5,000/- Rufiyaa) 17. Use of foreigners for fishing in violation of regulations (per foreigner) 5,000/- Rufiyaa 18. Diving activities conducted without relevant certificate 5,000/- Rufiyaa 19. Import of live saltwater types without authorization 3,000/- Rufiyaa An additional 1,000/- Rufiyaa to the previous fine amount for every repeated offense (up to 5,000/- Rufiyaa) 20. Conducting any form of fishing other than the pole-and-line fishing typically 5,000/- Rufiyaa Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette done by Maldivians, within 3 (Three) miles from any FADs or doing anything that is prohibited by the Regulation. 21. Placing or releasing FADs by private parties 5,000/- Rufiyaa 22. Failure to share information with regard to fishing trips, to the Ministry. 750/- Rufiyaa (For every trip) 23. Providing inaccurate or false information to Ministry 5,000/- Rufiyaa 24. Operation of vessel outside the maritime waters of the Maldives without authorization 75,000/ Rufiyaa 25. Operation of vessel within areas under the jurisdiction/territory of another State 150,000/ Rufiyaa 26. Transshipment of fish from one vessel to another outside the maritime zones of the Maldives 5,000/- Rufiyaa 27. Failure to cooperate with Fisheries Rangers and Fisheries Observers appointed by the Ministry, by parties who conduct fishery or fishing related activities, 1,000/- Rufiyaa An additional 500/- Rufiyaa to the previous fine amount for every repeated offense (up to 5,000/- Rufiyaa) Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette Schedule 5 Acts in contravention of Regulations with no pre-determined fines # Activity Fine Amount Considerations to be taken in to account when determining fines 1. Diving without certification For licensed vessels 5,000/- Rufiyaa, and if death of a person is caused 100,000/- Rufiyaa. Harm caused to persons by diving (Death or permanent injury) Harm caused to persons by diving (Death or permanent injury) Type of vessel that conducted activity. 2. Diving gear used for fishery purposes are unsafe and not regularly serviced For licensed vessels 5,000/- Rufiyaa, and if death of a person is caused 100,000/- Rufiyaa. For licensed vessels 5,000/- Rufiyaa, and if death of a person is caused 100,000/- Rufiyaa. Type of fishing and vessel that conducted activity. 3. Catching or killing or taking or keeping in the vessel or selling and displaying for sale or keeping or importing and exporting of protected types of fish as stipulated in Schedule 2. For parties that don’t require licenses, a maximum of 5,000/- Rufiyaa, and for any other parties a maximum of 400,000/ Rufiyaa. Fine shall be four times the market price of the species. Market price or black market price of the species caught. Importance of the species to the ecosystem Amount or weight of species caught Type of vessel that conducted activity. 4. Causing harm or disturbance to protective species provided in Schedule 2 A minimum of 3,000/- Rufiyaa and a maximum of 300,000/- Rufiyaa. Fine shall be two times the market price of the species. Importance of the species to the ecosystem Market price of the species caught Type of vessel that conducted activity. Volume: 49 Number: 175 Regulation No.: R-75/2020 Maldivian Government’s Gazette 5. Exporting and attempting to export the prohibited species of fish or products made from such species provided in Schedule 3 A minimum of 5,000/- Rufiyaa and a maximum of 400,000/- Rufiyaa. Fine shall be two times the market price of the species. Market price of the species caught Importance of the species to the ecosystem 6. Causing damage or bring any alterations to FADs placed by the Ministry. A minimum of 5,000/- Rufiyaa and a maximum of 400,000/- Rufiyaa. Cost of reverting the FAD to its original state