Inland Fisheries Law, Chapter 103 of 1999

THE LAvVS OF ABIA ST A TE OF NIGERIA 2005 ;\,IT:'iISTRY OF JCSTICE .-\Bl.\ ST...\ TE ,\II rnpyrights rcs..:n,.;cl by th..: C,,l\ cmmcnt of Abia State of '-<igcria AUSN No. l of 191>9 Commc:ntt­ n�nt Cit:uion. ln1crpr,:­ t:1tion l11/a11d Fisheries Law CHAPTER 103 fNLAND FISHERIES LAW (CAP. 103 2456 A Law to provide for the operation and regulation of fishing crafts within the inland waters of Abia State and matters incidental or connected thereto. (27th January I 999] PART I - PRELLvllNARY 1. This Law may be cited as the Inland Fisheries Law. 2. In this Law- ""barricr·· means an obstruc11on constructed in the course of a river or lake: ··c1oscd se:ison·· means a specified period during which fishing is prohibited: '"Commissioner"' means Commissioner charged with responsibility for Agriculture and 's"atural Resources in the State; "dam·· means a permanent structure constructed across a river for the conservation of water; "fish" means a!! living aquatic animals, vertebrate and inve11ebrale other than plants, which are harvestable for food and other economic purposes: "fishing" means the catching. taking or harvesting of fish, -attempting to catch. taking or harvesting of fish and any other activity which can reasonably result in the catching, taking or harvesting of fish: •'fishing craft" means a fishing craft required to be licensed -under this Law; "fishing gear" means a fishing apparatus used for taking out fish from a body of water; J, ➔- (CAI'. 103 1-157 /11/and Fisheries Law "fish ladder" means a mechanism for allowing fish movcmen1s upstream and downstream through barriers and dams; "fish pond" means any receptacle where fish and other aquatic lives are bred: ·•licence" means a permit 10 operate motor fishing craft for the purpose of fishing; '-.'•linistry" means the Ministry charged with responsibility for matters relating to fishery: ··motor fishing cr3ft'" means a vessel wbich is usl!d for or equipped to be used for fishing: "poaching·· means the stealing or illegal removal of iish from :mother person's fish pond(;), 11ood pond or reservoir: "spawning ground·· means arc:i where tish b.y or t.ieposa tht!ir t:ggs: and ··State" means .-\b1a State of:,.Jigeria. PART 2 - LICE's"SNG OF FlSHNG CR.-\FT (I) As from the commenccmcnl of ,his L.1w. no person shall operate a fishinC! crali in the Staie unless a licence in respect of 1h;t fishing craft has been issued to the owner or operator of the fishing craft under tl11s Law: (1) i y person who operates or causes to be operated a fishing crafi in contravemion of subsection (I) of this section shall be guilty of an offence and liable on conviction to a fine not exceeding =1'=500.00 or to imprisonment. (I) An application for a licence under this Law shall be made in writing to the Commissioner in such fonn Jnd manner as may be prescribed by the Commissioner and shall - (a) contain the paniculars and description of fishing cran in respect of which the application is made; 1m:·r.smg i(fishmg .:�1ls. ,\ppi1co.t1on for:i licence. lssJam:r ufhceni:c (2) (ll (2) (3) (-I) (Cr\P. 103 2-158 !,r/a11d Fisheries Law (b) state sufficient details as to - (i) the method to be employed in fishing; (ii) th<! area within which it is proposed that the fishing cral1 is to be operated: and (c) be accompanied by such fee as prescribed by the Commissioner. The Commissioner may. before considering an application. require the applicant: ta) lb) to satisfy him:- (i) that the fishing crail is properly constructed .ind equipped: and (ii) that the fom1 and construction of the fishing nets. fishing gear and other equipment intended for use in fishing arc adequate for the purpose of fishing operation: to supply such other infom1ation as he may reqture to enable him reach a decismn on the application. The Commissioner shall issue to a successful applicant a licence for the fishing craft subject to such conditions as he may deem necessary. ,\ licence issued under this Law shall be valid for one year and shall expire on 31st December every year. Where the fishing craft is to be operated in body of water shared by the State and any other State. the owner or oocrator of the craft shall not be required to obtain mor� than one licence in a particular year. The hoider of a licence under this Law shall, not later than one month before its expiration. apply to the Commissioner for a licence to take effect from the cxpirJtion of the current licence. 6. 7. 8. (CAP. 103 2-159 /11/a11d Fisheries law (I) The owner or operator of a fishing craft shall exhibit the registration number of the fishing craft on both sides of the fishing craft in bold leners with a prefix reflecting that it was registered in this State. (2) .-\ person who fails to comply with the p,ovisiuns oi subsection (I) of this section shall be guilty of an offence and liable on conviction to a fine of =N=250.00 or imprisonment for a 1em1 of three months or to both such fine and imprisonment. PART J - PROHTBITIOK A:--:D PEX.-\L TIES (I) (I) l'o pc:rson :;hail fish wtth a fishing gear conslrncted with net webbing of kss than -6 millimeters except where the fishing gear consists of (a) pelagic trawl nets used for fresh water sardines. tha1 is clupeids. which are used with outboard engines of not more than 25 horse power capable of operaung trawl net with 3 milhmetcrs cod-end: or ii 1i nets used for freshwater sardines constructed with 3-5 millimeters stretched mesh webbing Any p�rson who contravenes the provision of subsection (I) of this section shall be guilty of an olTenc� anti liable on conviction to a line of =N=51J0.00 or imprisonment for a tem1 of six months or to both such fine and imprisonment and. m audit1on. such net and catch shall be forfeited to the State. No single fishing unit shall operate with a single net or a comb,nauon or nets exceeding 500 meters long of3 millimeters mesh size and above. , y person who contravenes the provision of subsection (I) of this sccuon shall be guilty of an offence and liable on conviction to a fine 01 ldenufic::• l1Q11111::i.rk, Rc:;1):r:u:on on use ol fishmi;��r Rcsmc:11on on :he smg!cncr. etc Restrtct1011 on 1heU5.el}i r11n:,>tn ..::ll\!1111\,;JI) m� ·tw: \:l'e .,1 ,:,rnl31T'111.;i.1a.l �':ih Otlcnccs hy "'"'' �or�h: 1:lC 9. IO. (I) (I) [C\P. 103 2460 Inland Fislreries Law �N=S00.00 or imprisonment for a tern1 of six months or to both such fine and imprisonment and. in addition, the net and catch shall be forieited 10 the State. Except for electro-fishing and the use of chemicals for the purpose of research. no person shall take or d..:strov or attempt to take or destroy any fish within the i�land waters of the State by any of the following methods. that is the use of (.1) explosive substance: fh) (C) noxious or poisonous matter: or electricity. / y person who contravenes the provision of subsection (I) or this section shall be guilty of an offence and liable on conviction to a fine of :,.i=S.000.00 or imprisonment for a term of two years or 10 both such fine and imprisonment. 'io pcrso,: shall spray noxious chemicals on fish or lish products and no contaminated. mlected or spoikd fish shall be sold or offered for sale. (2) y person who contravenes any prO\'tSion of subsection (I) or this section shall be guilty of an offence and liable on conviction to a tine of :-, 100.00 or imprisonment for a term of two months or to both such fine and imprisorunent and. in alidnion. the contaminated. infected or spoiled fish or fish product shall be destroyed. 11. Where .m offence under this Law is committed by a body corporate or tim1 or other association or individuals - (a) every director. manager. secretary or other similar otlicer of the body Corporate: or th) every panncr or officer of the lirm: or (cl every trustee or the body concerned: or t.:very person concen1ed in the m:magcmcnt of the affairs or the association: or 12. (I) (2) 13. (I) (2) [CAP. 103 2-161 /11/and Fisheries Law (c) every person who is purponing 10 act in a capacity referred to in paragraphs (a) to (d) of this section is severally guilty of that offence and liable to be proceeded against and punished for that offence in the same manner as if he had himself committed the offence. unless he proves that the act or omission constituting the oiTence took place without his knowledge. consent or connivance. PART� - 'v!ISCELLA:--;EOL"S The operator of fishing crat1 in respect or which a licence had been issued under this Law shall - (,1) declare his catch to an agent nominated by the State Government when required to do so by the said agent: (b) permit the Commissioner or a person authorized by him or the State Government agent lo inspect the catch either be1orc or alter it has been landed: and (c) give the Commissioner or the State Government agent. as the case may be. all reasonable facilities in respect of the inspection of the catch Any person who contravenes any provision of subsection (I) of this section shall be guilty of an offence and liable on conviction to a fine of =N=500.00 or imprisonment for a tenn of three months or to both rnch tine and imprisonment. Ot-c!;irJ11nn ofc:itehetc No person shall expon or import a live fish or any �'.� :r other aquatic animal without pennission of the 1tvc1ishcic. Minister. ,\ person who eomravcnes a provision of subsection (I) of ll11s section is �uilty of an offence and liable on conviction to a line of =N=25.000.00 or tmprisonmcnl for a term of live years or to both fine ct= :lfCJ.j .!I'll.I SC�) {� 'l)>UU:'. 1'1' 1JI J�ms . .:l; 1 4. [5 . (3) 1 1 ) , 1 1 I � ) 1 3 ) !CAP. !OJ 2462 Inland Fis/renes Law and imprisonment and in addition. the fish or :iqnatic animal shall be forfeited to the Federal Govcmmcnl. :-;01wi1bstanding the provisions of subsecuon ( l ) of 1his section. the '.\ linister may. from lime to tnne. export or import a specialized sp ecie of iish ?r other aquatic animal for the purpose ol exchange ol fishery in fonna1io11 or for research. rt1e Commissioner may al his discretion declare as closed. for the purpose of fishing wi1h111 ihe jurisdiction of the Srnte. such area or season as he may Jeem fiL . v person who fishes 111 a closed ..1reJ or during ,1 c lo�cd season in �omravcnuon ot subsection ( 1 ) ol this section shall be guilty of an offence and liable on conviction 10 a fine of ::',::3.000.00 or imprisonmem for �1 1cn11 of t"\\ o years or to both such tine and imprisonment. The ao1Jropriate .1uthori1y shall regu!Jte and comrol 1he bt;iidin� of darns. weirs or other tixcd barriers or obslmclton; 10 ensure a free movement of lish. and where pem1ission is granted 10 a person to buil� a Jam. weirs or other fixed barrier or obs1mc11on. fish ladders shall be built lO ensure free movement or fish. Anv p<.:rson who contravl!nt,;S any provision of section (I) · of this section shall be guilty ot an offence and liable on con\"ic11on 10 a line of :'.',�50.000.00 or imprisonment for a 1em1 often yc a;-i or to both such fine and imprisonment and. 111 addt11on. lhe dam. weir or other fixed barrier or obstruction. if any. shall be destroyed. tn 1his section. --appropriate authority .. means the bodv charued wHh the respons1bilt1:, for mailers rcla;ing 10 the conslruclion of dams anJ other fixed barriers. [6. (I ) (2) [11/a11d Fisheries Law IC.-1. P. I OJ 2463 The provision of this Law shall be enforced by such officers as may be authorized by the Commissioner. An authorized officer may for the purpose of enforcing a provision of this Law - (a) require the owner or operator of a fishing craft in respect of which a licence has been issued to exhibit his licence. fishing apparatus and cmch: ( b I go on board a fohing cr:1ft to se:uch and examine the fishing crat1 and any fishing appararus thal may be there and co Hect statistical infonnation: an<l (c) where there is reason to suspect that an offence under this Law has been commi1ted. take the alleged offender and the lishing craft. lishing apparatus :ind cmch lO the most convenient post or police station. ( J) The power ·,ested in Jn authorized officer under subsection (2 ) of this section may be exercised by h im without warrant. summons 0 r other legal process. ( .! ) A fishing crat1 or fishing apparatus taken from an alleged offender under paragraph (c) of subsection (2) of this section may be detained pending the sale of" the catch. and the proceeds of the sale shall be retained pending lhe trial. 1 7. Any fishing craft, fishing apparatus or money detained or retained under subsection (.!) of scclion l6 of this Law shall. unless forfeited under the provisions of this Law. be returned lo the person from whom it was taken or 10 its lawful owner. Enforce­ "'""· Rcwrn of cr.rn :t,nra1w t s. ( I ) Subject to the provisions o f this Ltw, the R<;ubuon., Commissioner may make regulo.tions. ( 2) .. ICA P. 103 246-1 /11/and Fisheries Law (a) ( b ) ( c ) ! d) ( c ) t o provide guidelines aimt:U a t encouraging persons engaged in the fishing industry to make voluntary arrangements on a comparative or other basis or the selling of fish or the buying of equipment, supplies and other requisites for the fishing industry and to provide for financial or other assistance for bringing the arrangements into operation: for the handling. processing and storage of tish or fish products on ccafts or on-shore: for the re!!isrration of distributors and retailers of lish o; tish products and of any premises used for the distribution or retailing and for the accounting and the records to be kept and the infonnati�n to be furnished by them in relation to their business; for tht! m:.11ntenancc of good order lmong the­ pcrson� enga�e<l in rishmg :md m the fishing 1 11dus1rv and the regulauon of any other maner ·or i.hing relating to the protection of lish and the :1dministrat1on of the lish industry: and generally tor carrying into effect the provisions of this Law. The Commissioner shall detem1ine whether enclosures including pens and cages used for fish shall attract a licence fee or not. ICAP. 104 2465 innkeepers and HOie/ Praprie1ors law CHAPTER 10-1 INN-KE E PERS A.ND HOTEL PROPRIETORS LAW Section I. Citation. 2. lnterpreta11on. Arrangement of Sections J . lnn-kecpers' liability to receive guests. -l. Inn-keepers· liability for safety of guests person. 5. Liability 01 Inn-keeper other than hotel proprietors for safety of guest's goods. 6. Liability oi hotel proprietor. 7. :vlodification of liability of hotel proprietor. 8 . Limit of hotel proprietor" s liability. 9. Right oi hotel proprietor as 10 deposit 01 goods. l 0. E ffect of un1ustificd refusal to .1cc1.:pt or prevention of deposit of property of guests for safe custociv. l 1 . Notice to be conspicuously exhibited: Schedule. I� . Hotel proprietor's lien on guest's goods or chattels. 1 3 . Hotel proprietor may dispose o f goods left with him after twelve weeks SCHEDULE '.'loticc to be given by the hotel proprietor. '.'IOTICE Loss of or damage to guest's property .