Fisheries Act (No. 20 of 2014)

[27th October 2014] Supplement to Official Gazette 547 ,. I )111 FISHERIES ACT, 2014 (Act 20 0/2014) ARRANGEMENT OF SECTIONS PART 1- PRELIMINARY PROVISIONS Sections 1. Short title and commencement 2. Application of Act 3. Interpretation 4. Objects of Authority under this Act PART II - MANAGEMENT OF FISHERIES Sub-Part 1- Management plans and management measures 5. Plan for management of fishery 6. Management measures 7. Collection and analysis of statistics and information 8. Record of fishing vessel to be kept by Authority Sub-Part 2 - Special arrangements 9. Power of Minister to enter into fisseries agreements etc 10. Agreement or authority for scientific-research on fisheries PART III - LICENSING REQUIREMENTS Sub-Part 1 - Foreign fisBiBg vessel licence 11. Fishing by foreign fishing vessel prohibited without licence 12. Licence and international agreement 1 iii Sub-Part 2 Obligations rela1iBg to foreign fishing vessel 13. Entry into and exit from Seychelles waters 14. Entry into Port Victoria 15. Stowage 548 Supplement to Official Gazette [27th October 2014] Sub-Part 3 - Fishing vessel licence and permit other than foreign fishing vessel licence 16. Fishing vessel Iiccnce or permit 17. Refusal to grant licence IS. Sport fishing vessel permit 19. Competition sport fishing 20. Regulations requiring licence or permit for other fishing activities or fishing related activities 21. Recreational fishing 22. Validity oflicence or permit 23. Grant of new licence or permit upon termination 24. Transfer oflicence or permit Sub-Part 4 - Authorisation to fish outside Seychelles waters 25. Authorisation to fish outside Seychelles waters 26. Validity of authorisation 27. Renewal of author isat ion 28. Transfer of authorisation Sub-Part 5 - Requirements and conditions relating to all fishing vessels and gears 29. Conditions relating to licence, permit or authorisation Sub-Part 6 - Control of fishing activities 30. Conditions to fish within the Exclusive Economic Zone 31. Prohibition against use of poison etc., 32. Prohibition against use of spear guns, chumming, catching or marine mammal 33. Fish aggregating device Sub-Part 7 - Aquaculture 34. Aquaculture Sub-Part 8 - General 35. Suspension, cancellation and revocation oflicence, permit or authorisation 36. Procedure for suspension, cancellation or revocation by Authorisation 37. Effect of suspension, cance llation or revocation [21thOctobet 2014] '. Supplemenlto Ojji:cialGazette 549 P~T IV ••APPEALS ,BOARD 3S. Establishment of Appeals Board 39. Casual vacancy 40. ,Mel1~iIlgs pfAppeal§13oard 41. Powers with respect to witness 42. Questions oflaw t.p.qe,9.ecided by Board consisting with Chairperson 43. Appeal to Appeals Board 44. Procedure for commencement of appeal 45. Stay of operation ofdecision.etc, 46. Powers of Board of appeal 47. Appeal to Supreme Court PART V ENFORECEMENT MEASURES Sub-Part 1 Powers of Authorised fishery officers in Seychelles waters and beyond, and on land 4S. Appointment of'authorised fishery officers 49. Powers ofauthorised fishery officer 50. Pursuit beyond Seychelles waters 51. Powers of entry and search on land of authorised fishery officers Sub-Part 2 Procedure upon seizure and detention 52. Custody of seized items 53. Security for release of fishing vessel 54. Procedure for detained fish and other articles Sub-Part 3 Other enforcement measures 55. Implementation of international fishery conservation and management measures 56. Establishment of observer programme 57. Regional cooperation in surveillance and enforcement PART VI - OFFENCES 58. Penalty for unlicensed foreign fishing vessel fishing in Seychelles water 59. Penalty for using a vessel for scientific research fisheries without approval of Minister ~~ ,,"."~!1!!,enr~b,@jjicial,Get£elte [~th'Oerobet20i41i , 60. Penalty for landing{ba~pirigblhhlpmtiJ.tgltlsh to another State, etc. 61. Penalty for undertaking acquaculture ~c1~vjtrin Seychelles water 62. Penaltyfor unlicensed or authorised ete) .:I ',vi, i' ; ," 63. Penalty for landing, selling or receiving ~t~ '. .. .rsr, . ". '. ". ..........• ' 64. Penalty for removing, tampering, or:d~ttM~thg:!ot detairieCt''llshingi vessel etc .. ' : ",', ' u'.:, "'. ,","', :. ... ' - . ';,.. ,' . '. " ,,~' ,,' ':.,'. ,.',., ... ,,' 65. ' ;.'Penattj'fot pto'ducmg false 'ormls1e~dh}g9bcUIrient 66. Peaaltywherenopenalty isprovided ry:.'.'; j 67. Proceedings before court ii' ..!" 68. Procedure regarding articles in custody'ofdourl ' 69. Presumption ' PART VII - MISCELLANEOUS ',k ~t!'>/;>~'::'/ ';1;:t;~: 1 P -'(.; . 0" ~"" 70. Fprfeiturt} 9fy,e&~el,,fi~Jetq. 71. Agent 72. Compounding of offences 73. Rules of evidence regarding vessel monitoring system information 74. Rules of evidence regarding vessel monitoring device 75, Photographic evidence 76. Application ofthe Public Officers (Protection) Act 77. Regulations 78. Repeal 79. Savings and transitional provisions ! [27th October 2014] Supplement to Official Gazette 551 FISHERIES ACT, 2014 (Act 20 of2014) I assent ~.J--Q J. A. Michel President 17th October, 2014 AN ACT to provide for efficient and effective management and sustainable development of fisheries in accordance with international norms, standards and best practice and an ecosystem approach to fisheries; to provide for the licensing of fishing vessel, to regulate sport fishing, fishing activities; to provide .for offences and penalties and to repeal the Fisheries Act, 1986 and to provide for matters connected therewith or incidental thereto. ENACTED by the President and the National Assembly. PART I - PRELIMINARY 1. This Act may be cited as the Fisheries Act, 2014 and shall come into operation on such date as by the Minister may, by Notice publishedin the Gazette, appoint. Short title and commencement ~--------~I 552 Supplement to Official Gazette [27th October 2014] Application ofAct 2. ThisAct shall apply to (a) a person, a fishing vessel, a fishing activity or fishing related activity and other matter in Seychelles or in Seychelles waters; (b) a joint venture fishing vessel, a local fishing vessel, a Seychelles fishing vessel on the high seas or in waters under the jurisdiction of another State and all persons on board the vessel; and (c) a person and a fishing vessel in any other waters Interpretation 3. (i) following hot pursuit in accordance with intemationallaw as referred to inArticle III of the United Nations Convention on the Law ofthe Sea 1982; or (ii) as required by an arrangement or agreement to which Seychelles is a party; or (d) a citizen of Seychelles who uses any vessel registeredin Seychellesand commits an offence outsideSeychelleswaters under thisAct. In thisAct, unless the context otherwise require "Appeals Board" means the board established under section 38; "applicant", in relation to an application for a licence, authorisation or permit, includes any person making the application on his or her behalf andwith his Of her authorisation; "aquaculture" (a) means the cultivation, propagation or farming at sea or on land of fish from eggs, spawn, spat, fingerling or seed; and [27th October 2014] Supplement to Official Gazette 553 (b) includes the rearing and ranching of fish taken locally or imported into Seychelles; At "authorised fishery officer" means a person so appointed under section 48(1) or deemed to be authorised fishery officer under section 48(2); "Authority" means the Authority estwi6lishedby the Cap 214 Seychelles Fishing Authority (Establishment) Act 1984; I 11:1 ill! ii~ i!,! II II 1I1I 111:,!1 i i!1 II !ill I:il ili ','I III! , "i:';:;'~ "authorisation" means the permission that a person or vessel shall obtain to fish in Seychelles waters or engage in fishing related activities for the purpose of scientific research or to fish outside Seychelles waters; . "beneficial owner" means the person who exercises ultimate dominion without the consent of any other person, or who is able to secure that consent by arrangement or as of right, and in the case of a trust, agency, nominee or other such arrangement (whether formal, or in writing, or otherwise) and includes the ultimate .beneficiary, the principal or the person represented by the nominee respectively and cognate words shall be construed accordingly; r Illi1;1 I ,ll 1111 "by-catch" .(a) means fish harvested in a fishery but which- ili 4'''lIiIw'' (i) are not the species of fish that are directly targeted or appear to be directly targeted; 1111; (ii) belong t9 any species not idem~fied as by-catch in an ,applicable licence or plan of managementfor a fishery; or II1I I 5?~ , .SUPfJl~"!:nttoOjJiciaIGazette [27th October 2014] (iii) belong to any species not identified-in an applicable licence or plan of management for a fishery except for the species falling within subparagraph (i); (b) includes discards; and , "co-management arrangement" means a partnership arrangement in which the Government, local resource users (fishers), organisations including Non-Governmental Organisations, and other fisheries and marine resource stakeholders including tourism operators who share the responsibility and authority for decision making in the .nanagement of a fishery; sport fishing" means any fishing (a) is undertaken for sport among competitors who are observing a prescribed set oftules; ittvolves the hiring, chartering or leasing ola; "~essel not exceeding 40 metres inlen~b overall, and catch for charitable pU1l?ases authorised by the Authority an:d~··""; (c) does not result in the trading, offering for sale: or selling offish; Cap 122 "continental shclf"has the meaning given to it.., under section 11ofthe.Maritime.ZonesAct; "ecosystem ap]llroach ..to fisheries" means ', approach that balances diverse societal obje¢ti;'\{~' .by taking into account the knowledge ami!.) [27th October 2014] Supplement to Official Gazette 555 uncertainties about biotic, abiotic and human components of ecosystems and their interactions, and applying an integrated approach to fisheries within ecologically meaningful boundaries; "exclusive economic zone" has the meaning given to it under section 9 ofthe Maritime Zones Act; Cap 122 "fish" means any aquatic plant or animal with the exception of birds,and includes any fish, crustacean, mollusc,coral, echinoderm, holothurian, or aquatic reptile or aquatic mammal and its shell, eggs and any other naturally occurring products; "fish aggregating device" means any device placed in the water to aggregate fish and includes any natural floating object upon which a device has been placed to facilitate its location; "fishproduct' means (a) any fish or part of any fish; or (b) any fresh, frozen, prepared or processed fish products; "fishery (a) means one or more stacks of fish: vessels and gears used to capture fish and which can be integrated as a unit for the purpose of conservation, management and development of fishery; and (b) incIudes the activities lleading to, resulting in, and ,resulting from the harvesting of fish throughtbec.aptureof'\ViUifisn or tne.raising of.f1.sMmongh aquacrutld1:e; :11 556 Supplement to Official Gazette [27th October 2014] h' ••"fls mg -~ (a) mcans (i) searching for, catching, taking or harvesting fish or attempting any such activity; (ti) placing, searching for or recovering Ii fish aggregating device or associated equipment including a radio beacon; and (b) includes activities performed in support of fishing; "fishing related activity" means (n) t rnnsh ipping fish to or from any vessel; (h) landing offish from any vessel; (e) storing, packaging or processing offish; (d) trnnsporting fish except as part of a general curgo: (e) rc lucl Iing or supplying fishing vessels; (I) uucmpting or preparing to do any of the acts rc Ierred to in paragraphs (a) to (e); "flNhilllJ. vcssel" (II) means any vessel used, intended to be used or capable of being used for fishing or fishing related activity; and (b) includes a support ship, carrier vessel and any other vessel directly or indirectly involved in fishing operations or used for the treatment or ···-'·''''''-=--~·''-'~·-··---··~~--·.--'Y'~----='--~'· -''''='-'>''''''~'~'.~<:''''''-'.--",""",= . .... 11. n.,' ,\ \ ! [27th October 2014] Supplement to Official Gazette 557 processing of fish or wholly or partly for the transport of fish; "foreign fishing vessel" means a vessel not registered in Seychelles; "gear" includes any net, pot, trap, line, pole, dredge, fish aggregating device or other apparatus of any kind and any attachment of any kind thereto, used or capable of being used for catching fish including mechanical equipment used or capable of being used for the casting or hauling of any such item and includes all and any electronic devices wholly or partly used or capable of being used for locating fish or establishing the position of fish; "harbour" means harbour of Victoria and any bay, roadstead or place within three nautical miles from any coast within Seychelles; "international fisheries conservation and management measure" means a measure established by a Regional Fisheries Management Organisation or other international fisheries management organisation to which Seychelles is a party; 'joint venture fishing vessel" means a fishing vessel which (a) is registered in Seychelles under the Merchant Shipping Act; Cap 127A (b) exceeds 18metres in length overall; (c) is to be licensed for tuna and tuna-like species, and other species as per condition of the licence, l " 558 Supplement to Official Gazette [27th October 2014] (d) is wholly beneficially owned by a company established under any the written law of which at least 51 per cent of the actual effective .sbaresare beneficially owned by a citizen of Seychelles and having a place of business in Seychelles; "licence" means the permission that a person shall obtain before engaging in a fishing activity or fishing related activity; "local fishing vessel" means a fishing vessel which 1S Cap 127A (a) registered or identified as such under the Merchant Shipping Act; and (b) wholly beneficially owned by one or more citizens Of Seychelles or by a company established under any written laws of which all of the shares are beneficially owned by citizens of Seychelles; "Minister" means the Minister responsible for fisheries; "master", in relation to a vessel, means the person for the time being in command or in charge of the vessel; "observer" means a person appointed by the Seychelles Fishing Authority as such under section 56(2); "owner", in relation to a vessel (a) means a beneficial owner; and (b) includes Xli, :~~: ~\y" 1....,.:A.li', '-. .. 1, I " ...,', :,11' [27th October 2014] Supplement to Official Gazette 559 (i) any part owner; (ii} charterer, whether bareboat, time or voyage; (iii) a person who acts in the capacity of a charterer; and (iv) a party upon whom control over the destination, function, operation of the vessel is conferred under amanagement agreement or a similar agreement; "permit" means the permission that a person shall obtain before engaging in a fishing activity or fishing related activity in Seychelles waters; "recreational fishing" means any fishing activity undertaken by a vessel not exceeding 10metres for recreational purposes which does not involve any commercial activity and result in the trading, offering for sale or selling of fish; "Regional Fisheries Management Organisation" means a subregional or agreement having the competence to establish conservation and management means for particular straddling fish stocks or hightly migratory fish stocks as specified in the United Nations Fish Stocks Agreement 1995; "Register" means the register of ships kept by the Registrar under the Merchant Shipping Act; Cap 127A "sedentary species" means any organism which, at the harvestable stage, are immobile on or under the sea-bed or unable to move except in constant physical contact with the sea-bed or the subsoil; 560 Supplement to Official Gazette [27th October 2014] "Seychelles fishing vessel" means any fishing vessel which is Cap 127A (a) registered in Seychelles under the Merchant ShippingAct; (b) to be licensed for tuna and tuna-like species; and other species as per condition of the license; and (c) wholly beneficially owned by one or more foreign citizens only or by a company established under the written laws of Seychelles of which all of the shares are beneficially owned by foreign citizens; "Seychelles waters" means the exclusive economic zone. the territorial sea, archipelagic waters, internal waters and all other waters subject to the fisheries] urisdiction of Seychelles; "sport fishing" means any fishing activity undertaken for sport or recreation which involves the hiring. chartering or leasing of a vessel and its' annexes not exceeding 40 metres in length overall but which docs not result in the trading, offering for sale or selling offish; "sport fishing permit" means the permission that a vessel shall obtain before it engages in any form of spurt fishing; "vessel" includes every description of water craft used or capable of being used as a means of tranllportutiononwater; uvea.el monitoring device" means a device, Ii inltrument or equipment which monitors and [27th October 2014] Supplement to Official Gazette 561 I! i JI ~----""-~~~"''"<''''~4'P.'M4 'O:,i'i~~~~","""'T.:ij 1~11 • records and/or transmits automatically,either independently or in conjunction with other equipment, information relating to all aspects ofthe fishing operations ofthe vessel; "vessel tracking device" means a device, instrument or equipment installed or placed on board a fishing vessel which independently transmits and records automatically, information relating to the location and fishing activities including sailing route ofthe vessel; "vessel monitoring system" means a satellite based monitoring system approved by the Authority which at regular intervals provides data from the vessel monitoring device on board a vessel to the Authority. 4. The objects of the Authority under this Act shall be to provide for the effective management and sustainable development of fisheries in accordance with (a) internationally recognised norms, standards and best practice including the United Nations Convention on the Law of the Sea (1982) and the Code of Conduct for Responsible Fisheries, 1995 of the Food and Agriculture Organisation, Indian Ocean Tuna Commission Conservation and Management measures; and (b) an ecosystem approach to fisheries which ensures that the development and management of fisheries addresses the multiple needs and desires of the society without jeopardising the options for future generations to benefit from the full range of goods and services provided by marine ecosystems. Objects of Authority under this Act 562 Supplement to Official Gazette ~ ---, , ,.j ,,~::~ ;,,:,~ "':.:,.:6 'i"~ !~ J "i"'; '.'::"\1 ,',.,' ! J .-?,~ [27th October 2014] PART II - MANAGEMENT OF FISHERIES Sub-Part 1 Management plans and management measures Plan for management of fishery 5.( I) The Authority shall prepare and keep under review a plan for management of a fishery. (2) Aplan for management of a fishery may set out (a) the current state of the fishery; (b) the biological, ecological and socio economic objectives for the fishery; (c) the management strategy for the fishery including biological, ecological and socio economic indicators and reference points; (d) the management measures by which the objectives and strategy are to be attained, including harvest control rules; , (e) the amount of fish or fishing effort to be allocated, if the measures include quota systems, between individuals or fishing fleets; (f) measures to mitigate ecosystem impacts in accordance with best practice for adoption of an ecosystem approach to fisheries, including by-catch and habitat damage; (g) the licensing measures to be applied; (h) the role of stakeholders in decision making relating to the management plan; and (i) performance criteria against which, and time frames within which, the measures taken [27th October 2014] Supplement to Official Gazette 563 under the plan of management may be assessed. (3) In the preparation or review of the plan for the management of a fishery, the Authority shall consult the fisheries industry, local fishermen and such other persons engaged in fishing and fishing related activities as appear to the Authority to be appropriate. 'r""'" (4) In the management of a fishery, the Authority, if it considers necessary, may enter into a co-management arrangement with any person. )~' :Il~, f', ', 'i~ (5) The Authority may consult the fisheries management authorities of other States in the Indian Ocean, and in particular with those sharing the same or related stocks, with a view to ensuring the harmonisation of their respective plans for the management offisheries. 'i~l! (6) The fishery management plan or review ofthe plan shall be submitted to the Minister for approval. (7) The Minister shall cause the plan for the management ofa fishery or review of the plan approved under subsection (6) to be published in the Gazette. (8) Compensation is not payable, where a management plan is made or amended or anything previously permitted is prohibited or regulated under the plan. (9) Subsection (8) does not prevent regulations or a management plan providing for payment of compensation. 6.(1) The Minister may make regulations prescribing measures for the proper management ofa fishery. (2) Without prejudice to the generality of subsection (1), regulations may provide for Management measures IIII1 564 Supplement to Official Gazette [27th October 2014] (a) closed seasons; (b) closed areas orwaters; (c) species offish to be regulated; (d) specifications ofauthorised gear; (e) size or other characteristics of fish; (f) prohibited fishing method and gear; (g) limitation of catch or effort by restricting entry or by determining a total allowable catch or total allowable effort including the establishment of any quota system allocating catch or effort; (h) fishing capacity controls; and (i) by-catch, discards and habitats to be avoided. (2) Any regulations made under this section prescribing management measures may regulate the following (a) taking, possessing, purchasing, selling, importing or exporting of any gear or fish; or (b) engaging in fishing or fishing related activities in the closed areas or waters or possessing or using a vessel, aquaculture equipment, fish aggregating device or anything else in the closed areas or waters. (3) Compensation is not payable if measures for the proper management of a fishery are made or amended or . anything previously permitted is prohibited or regulated under the regulations. [27th October 2014] Supplement to Official Gazette 565 (4) Subsection (3) does not prevent regulations made under this section providing for payment of compensation. 7.(1) The Authority shall collect and analyse statistical data and other information on fisheries, fishing related activities and aquaculture, including fishermen engaged in fishing activities. (2) Every person engaged in fishing, fishing related activities or aquaculture shall supply information regarding such activities to theAuthority in such form and manner asmay be prescribed by the Minister. , (3) A person who receives information pursuant to this Act shall not use or disclose such information except for the purposes of thisAct. (4) Without prejudice to subsection (3), information relating to the position .of a fishing vessel received by the Authority pursuant to this Act shall be communicated to the relevant authority (a) upon request, for the purposes of search and rescue; or (b) where the Authority has reasonable grounds for believing that an offence is being or is about to be committed or for the purposes of a criminal investigation. (5) The Minister may enter into arrangements or agreements with other States or territories, either directly or through an international organisation, providing for the exchange, in a standardised format, and in a manner consistent with applicable confidentiality requirements, of fisheries information, including evidentiary information relating to breaches of national fisheries legislations and international fisheries conservation and management measures. Collection and analysis of statistics and information 566 Supplement to Official Gazette [27th October 2014] Record of fishing vessel to be kept by Authority 8.( 1) TheAuthority shall make and maintain a Record of fishing vessels that have been granted a licence, permit or an authorisation under this Act and take all measures to ensure that all such fishing vessels are entered in the Record of fishing vessels. (2) The Record of fishing vessels shall contain (a) the name ofthe fishing vessel; (b) the port and country of registration; (c) the identification number of the fishing vessel; (d) any identification mark assigned to the fishing vessel; (e) previous registration details; (f) communication details; (g) the Lloyds or International Maritime Organisation registration number; (h) the international radio call sign; (i) the length overall, draft and beam; (j) the engine power; (k) the net and gross tonnage; (1) the type of refrigeration system; (m) the material of build; (n) the hold capacities in cubic metres; (0) the date of build; (P) the number of crew including fishermen; ill :lt1'i,l ,,', ',' '.~ 'l i " i1 >'~i: ~,j ,,~/ v ! j 1 ~.~ ';,::~' L'} ~!It "iIJ [27th October 2014] Supplement to Official Gazette 567 (q) the name and address of the agent in Seychelles; (r) the name, address and nationality of any person with beneficial ownership of the fishing vessel; (s) particulars of any previous offences committed by the use of the fishing vessel; (t) type of gear; and (u) any other information as the Authority may determine. "I',; (3) If a person in control of a fishing vessel is convicted of an offence under this Act involving the use of a fishing vessel, the Authority may, in appropriate circumstances, record the conviction in the Record of Fishing Vessels against the licence, permit or authorisation applying to the vessel even though the person is not the holder of the licence, permit or authorisation. j J,j ~:' Sub-Part 2 Special arrangements 9.(1) The Minister may enter into agreements with other states, intergovernmental organisations or associations representing foreign fishing vessel owners, allocating fishing rights in Seychelles waters to vessels of those states, organisations or associations. (2) The total fishing rights allocated by agreements made under subsetion (1) shall be in accordance with any applicable plan for the management of a fishery or international fisheries conservation and management measures, and where such plan or measures do not exist, a precautionary approach shall be applied. (3) An agreement negotiated under subsection (1) shall include provisions establishing the responsibility of those Power of Minister to enter into fisheries agreements etc III1 568 Supplement to Official Gazette [27th October 2014] Agreement or authorisation for scientific research on fisheries Fishing by foreign fishing vessel prohibited without licence other states, intergovernmental organisations or associations representing foreign fishing vessel owners, to take all necessary measures to ensure compliance by their fishing vessels in Seychelles waters with ~ (a) any such agreement; (b) the written laws of Seychelles relating to fishing and fishing related activities; (c) any international fisheries conservation and management measures; and (d) such other provisions as may be prescribed. 10.(1) The Authority, having received the approval of the Minister, shall (a) enter into agreements with persons or institutions to carry out fisheries-related research in any part of Seychelles waters; or (b) in writing grant an authorisation to any person or vessel to fish in Seychelles waters or engage in fishing related activities for the purpose of scientific research. (2) An authorisation under subsection (l)(b) may be on terms and conditions specified by the Authority. PART III - LICENSING REQUIREMENTS Sub-Part 1 Foreign fishing vessel licence 11.( 1) A foreign fishing vessel shall not be used for fishing or any fishing related activity in Seychelles waters or for sedentary species on the continental shelf, except under and in accordance with a licence granted by the Authority. [27th October 2014] Supplement to Official Gazette 569 (2) An application for a licence shall be made to the Authority in the prescribed form and manner accompanied with the prescribed fee. (3) Subject to this section; the Authority may, on terms and conditions determined by it, grant a licence in the prescribed form, authorising the use of a foreign fishing vessel for the purpose of fishing or any fishing related activity in Seychelles waters or for sedentary species on the continental shelf. (4) .A licence under subsection (3) shall (a) be granted on payment of such fee as provided for in an international agreement under section 12; or • (b) in the absence of an agreement under section 12, be granted on payment of the prescribed fee. \ !/,I (5) A licence under this section shall, unless earlier cancelled or revoked under section 35, not extend beyond the term ofthe licence or an international agreement under section 12. (6) The Authority shall refuse to grant a licence under this section (a) until an application in respect of the licence notifies the Authority of the name and address of the vessel's agent, pursuant to section 71; (b) where the foreign fishing vessel in respect of which the licence' is sought has a record of non-compliance with international fisheries conservation and management measures except where the ownership ofthe vessel has J 570 Supplement to Official Gazette [27th October 2014] subsequently changed and the new owner provides sufficient evidence to the satisfaction of the Authority that the previous owner or master has no legal, beneficial or financial interest in, or control of, that foreign fishing vessel; (c) where the foreign fishing vessel in respect of which the licence is sought is included in a list of fishing vessels having engaged in, or supported, illegal, unreported or unregulated fishing established by a Regional Fisheries Management Organisation or any other appropriate regional or international organisation; (d) where the foreign fishing vessel in respect of which the licence is sought is not recorded on the list of authorised fishing vessels by a Regional Fisheries Management Organisation to which Seychelles is a party or on any other list of authorised fishing vessels that is recognised by theAuthority; (e) where an application in respect of a foreign fishing vessel has not provided sufficient financial and other guarantees for the fulfilment of all obligations as may be determined by theAuthority; (f) unless it is satisfied that the vessel in respect of which the licence is sought has satisfied all financial obligations in respect of previous fishing activities or fishing related activities in Seychelles waters under a previous licence granted under this Act, by that fishing vessel, its master or owner at the time of the, application for a licence. 1:',;:~/:'t ":(,i' ,',] •...'!l ':,~t: '(t~ [27th October 2014] Supplement to Official Gazette 571 12. A foreign fishing vessel licence shall not be granted under section 11,unless :j\ ,I, i~ t; '" \/1 "'~ ;.:;i (a) there is an agreement in force between the Republic of Seychelles and an intergovernmental organisation to which a member State of the organisation in which the vessel is registered has delegated the power to negotiate fishing agreements; (b) there is an agreement in force between the Republic of Seychelles and an association representing foreign fishing vessel owners of. which the owner of the fishing vessel is a member; (c) there is an agreement entered into under section 9; or (d) the Minister determines that an agreement under section 9 is not practical and the applicant provides sufficient financial and other guarantees for the fulfilment of all obligations under this Act as the Minister may determine. Sub-Part 2 Obligations relating to foreign fishing vessel \ 13. The master, of' a foreign fishing vessel licensed under section 11, shall atleast 24 hours before the vessel enters into and exits from, Seychelles waters, provide by fax or email or any other means approved by theAuthority, to the Authority, in addition to any other authority or body required under any other written law, its position at the time of entry into, and exit from, the Seychelles waters and the quantity offish on board by species. 14. The master ofa foreign fishing vessel (a) not licensed pursuant to section 11 shall, by fax or email or any other means approved by theAuthority, at least48 hours; or Licence and international agreement Entry into and exit from Seychelles waters Entry into harbour or Port Victoria 572 Supplement to Official Gazette [27th October 2014] licensed pursuant to section 11shall, by fax or email or any other means approved by the Authority, at least 24 hours, before the expected time of arrival ofthe vessel in the harbour or Port Victoria, notify the Authority, in addition to any other authority or body required under any other written law, of the purpose of its call and provide any position report that may be required. (b) Stowage 15. A foreign fishing vessel that is not licensed pursuant to section 11 shall, at all times that it is in Seychelles waters, keep its gear stowed in such manner as may be prescribed and deactivate and not use any device on board that is used directly or indirectly for detecting fish. Other fishing vessel licence or permit Sub-Part 3 Fishing vessel licence or permit 16.(1) Ajoint venture fishing vessel, a local fishing vessel or a Seychelles fishing vessel shall not be used for fishing or any fishing related activity in Seychelles waters except under and in accordance with a licence granted by the Authority. (2) An application for a licence under this section shall be made to the Authority in the prescribed form and manner and accompanies with prescribed fees. (3) An application under subsection (2) shall provide the Authority with such information as it require for a proper consideration ofthe application. (4) Subject to section 17, the Authority may, on such terms and conditions as it may determine, grant a licence in the prescribed form, for the use of the vessel for the purpose of fishing or any fishing related activity in Seychelles waters. (5) A licence under subsection (4) shall be granted on payment ofthe prescribed fee. 17. The Authority shall refuse to grant a licence under section 16 Refusal to grant licence 1\ .~ L,i ,( [27th October 2014] Supplement toOfficial Gazette ;: (a) unless it is satisfied that the vessel in respect of which the licence is sought is a joint venture fishing vessel, a local fishing vessel or a Seychelles fishing vessel as defined; (b) in respect of a Seychelles fishing vessel, until the application in respect of the vessel notifies the Authority of the name and address of the vessel's agent, pursuant to section 71; (c) where the grant of the licence is not compatible with this Act, a regulation made thereunder or a licensing .programme specified ina plan for the management of a fishery under section 5; (d) unless it is satisfied that the applicant will be able or willing to comply with the terms and conditions ofthe licence; (e) unless it is satisfied that the applicant has satisfied such requirements as the Authority may determine; (f) where the fishing vessel in respect of which the licence is sought has a record of non compliance with international fisheries conservation and management· measures except where the ownership of the fishing vessel has subsequently changed mdthe new owner provides sufficient evidence to the satisfaction of the AuthoritydernonstratJing that the previous owner' or master ',has.·so legal, benefieial. or financial interest in, or control of; thefishmg vessel; or (g) where the fishing vessel in respect of which the licence is sought is not included in a list of vessels having engaged in, or supported, .~\ 573 574 Supplement to Official Gazette [27th October 2014] illegal, unreported or unregulated fishing established by a Regional Fisheries Management Organisation or any other appropriate regional or international organisation. Sport fishing vessel permit 18.(1) A vessel shall not be used for sport fishing in Seychelles waters except under and in accordance with a sport fishing permit granted by theAuthority. (2) An application for a sport fishing permit under this section shall be made to the Authority in the prescribed form and manneraccompanied with the prescribed fees. (3) Subject to this section the Authority may, on such terms and conditions as it may determine, grant a sport fishing permit in the prescribed form authorising a vessel to be used in Seychelles waters or, for such sport fishing activities as may be specified in the permit. (4) A sport fishing permit under subsection (3) shall be granted onpayment of the prescribed fee. (5) The Authority shall refuse to grant a sport fishing permit under this section unless it is satisfied that .(a) the grant of the sport fishing permit IS compatible with this Act, a regulation made thereunder or a licensing programme specified in a plan for the management of a fishery under section 5; (b) the applicant will be able or willing to comply with the terms and conditions of the sport fishing permit; (c) the vessel in respect of which the sport fishing permit is sought has no record of non ~ .~~.~ .., ~..~ ..=..=,.:::.••:;::,.C;;.••==""''''''''''~~ [27th October 2014] Supplement to Official Gazette 575 I i compliance with international fisheries conservation and management measures except where the ownership of the vessel has subsequently changed and the new owner provides sufficient evidence to the satisfaction of the Authority that the previous owner or master has no legal, beneficial or financial interest in, or control of, the vessel; or (d) the vessel in respect of which the sport fishing permit is sought is not included in a list of vessels having engaged in, or supported, illegal, unreported or unregulated fishing established by a Regional Fisheries Management Organisation or any other appropriate regional or international organisation. 19.( 1) Aperson shall not organise or cause to be organised a competition sport fishing in Seychelles waters except under . and in accordance with apermit granted by theAuthority. (2)' A vessel shall not be used for the purposes of competition sport fishing in Seychelles waters except under and in accordance with a permit granted by theAuthority . (3) A holder of a sport fishing permit may apply for a permit under this section. (4) An application for a permit under subsection (1) or (3) shall be made in such form as may be determined by the Authority. (5) A permit under this section shall be granted on payment of the prescribed fee and on such terms and conditions as theAuthority may determine. Competition sport fishing Il 576 Supplement to Official Gazette [27th October 2014] Regulations requiring licence or permit for other fishing activities and fishing related activities Recreational fishing Validity oflicence or permit 20.(1) The Minister may,make regulations requiring a licence or permit for (a) any kind of fishing or fishing related activity in Seychelles waters or for sedentary species on the continental shelf, with or without the use of a vessel or, any fishing gear; or (b) the use of a vessel for any fishing related activity. (2) Where a licence or permit is required under subsection (1), it may be granted by the Authority in the prescribed form and, subject to such terms and conditions and payment of such fee asmay be prescribed. (3) A licence or permit required by regulations made under this section shall authorise any person to conduct any kind of fishing or fishing related activity for which the licence or permit is required. 21. A vessel used for recreational fishing in Seychelles waters shall be exempted from the requirement of having a licence or permit save as otherwise prescribed. 22.(1) A licence or permit granted under this Sub-Part or regulations made under section 20 shaH (a) unless earlier cancelled or revoked under ~section 35, be valid for a period not exceeding twelve months from the date of grant. of the licence or such period specified in the licence Or permit or be valid for such period prescribed; or (b) automatically terminate where a fishing vessel in respect of which the licence or permit has been granted. ceases to be such a fishing vessel under this Act Of' regulations made under section 20. .rr ,,~ .,; J [27th October 2014] Supplement to Official Gazette 577 , (2) Where a joint venture fishing vessel, local fishing vessel or Seychelles fishing vessel ceases to be registered under the Merchant Shipping Act, any licence granted under this Sub-Part shall lapse. 23.(1) A licence or permit under this Sub-Part or regulations made under section 20 shall not be renewed. (2) The holder of the licence or permit under this Sub Part or regulations made under section 20 may apply to the Authority for the grant of a new licence or permit and this Sub Part shall apply. (3) Compensation shall not be payable ifthe Authority refuses to grant a new licence or permit under this Sub-Part. 24. A licence or permit granted under this Sub-Part or regulations made under section 20 shall not be transferable except as otherwise prescribed for the limitation of entry into a fishery. Sub-Part 4 Authorisation to fish outside Seychelles waters 25.(1) Subject to this section, except for joint venture fishing vessels, local fishing vessels or Seychelles fishing vessels, no fishing vessels or vessels which Seychelles is bound by an international agreement not to authorise shall be used for fishing or fishing related activities outside Seychelles waters. (2) No joint venture fishing vessel, local fishing vessel or Seychelles fishing vessel shall be used for fishing outside Seychelles waters except under and in accordance with an authorisation granted by theAuthority. (3) An application to fish outside Seychelles waters shall be made to the Authority in the prescribed form and manner and accompanied with the prescribed fees. Grant of new licence or permit upon termination Illi Transfer of licence or permit Authorisation to fish outside Seychelles waters 578 Supplement to Official Gazette [27th October 2014] ValiditYof authorisation (4) The applicant shall give such information or evidence that the Authority requires for considering the application. (5) An authorisation shall be granted on payment of the prescribed fee and subject to such conditions as the Authority may specify or determine. (6) An authorisation under subsection (5) may be varied at any time. (7) The Authority may, in writing, refuse to grant an authorisation where the fishing vessel in respect of which the application ismade (a) is included in a list of vessels having engaged in, or supported, illegal, unreported or unregulated fishing established by aRegional Fishing Management Organisation or any other appropriate regional or international organisation; or (b) has a record of non compliance with international fisheries conservation and management measures. 26. An authorisation granted under section 25 shall (a) unless earlier cancelled or revoked under section 35, be valid for a period not exceeding twelve months from the date of grant of the authorisation or for such period as may be specified in the authorisation or be valid for such period prescribed; or {27thQdoherlO:14] Supplement to i(Jfficial Gazette 579 17co(1) Ananthorisationunder section 25 shall not be renewed. (2) The holderoranauthorisationunder section 25may apply to theAuthority f()! the grant of a new authorisationand this Sub.:Partshallappiy. (3) 'W'.berethe Authority refuses to grant a new authority. compensatwm.shall not be payable. Z8. An authorisation shall not be transferred under this Act,T~onS made thereunder or a plan for the management ofa fislilery. So-Part:5 - BequiRments and conditions relating to .lidUBgvessels and gears ~~t(l)Every fishing vessel or fishing gear required under this Act to be used iaaecerdanee with a licen.ce,permit or authorisation, shall be used in. accordance with this Act or regulations made thereunder, and, in the case of a foreign fishing vessel, with requirements made applicable to the tishing vessel by an agreement under section 12, and, in. all cases, •.subject to any :termsandconditions which may be provided in· the Jicence, permit or .autborisation, including terms and conditions relating to (a) the type and method offishirig or any fishing related~tiiVity authorise~ ~) the areas within. .which,and periods during whiC~.SU9htishin.g or fishing related activity is authonsed; ... the target species and amollnt of fish authodsed. to be taken, including any ·reStrittioodftby~riatch; .,I(d} i •communiclltionequipment, vessel monitoring ',dlfvices,i position' fixing, equipment and any other equipment~;an4 Renewal of authorisation Transfer of authorisation (b) automatically terminate where the fishing vessel in respect of which the authorisation has been. granted ceases to be such a fishing vessel under this Act or regulations made thereunder. (c) Conditions relating to licence, permit or authorisation il :1 il ill I' 1 580 Supplement to Official Gazette [27th October 20l4] (e) mandatory reporting requirements. Conditions to fish in within the Exclusive Economic Zone under Maritime Zone Act, 1999 Prohibition against use of poison etc (2) Where it is expedient for the proper management of a fishery, any terms and conditions attached to a licence, permit or authorisation may be varied by theAuthority. (3) Where any terms and conditions attached to a licence, permit or authorisation is varied under subsection(2), the holder of the licence, permit or authorisation shall"be notified in writing of such variation as soon as practicable and the variation shall apply from the date of it being received by the holder of the licence, permit or authorisation. Sub-Part 6 Control of fishing activities 30.(1) A person shall not fish within the Exclusive Economic Zone specified under the Maritime ZoneAct (a) with a net except under and in accordance with a licence granted by theAuthority; (b) with a trap except under and in accordance with a permitgranted by the Authority. 31.(1) Aperson shall n()t (a) use any poison or other noxious substance for the purpose of killing, stunning, disabling or catching fishori? any;way rendering such ;fish more easily ca~glJ.t;"or carry or have in his or herpossession or control on board. a .vess.~l, any explosive, poison or other' noxious substance in circumstances indicating anintention of using such·."explosive,.,..poiscn. mother noxious c.: . \. sub~tance for .any ofthepmposes referred to in paragraplr(a).'~;L. i.' (b) [27th October 2014] Supplement to Official Gazette 581 (2) Any explosive, poison, or other noxious substance found on board any vessel shall be presumed, unless the contrary is proved, to be intended for the purposes referred to in subsection (1). 32.( 1) Subjeet to the regulations, a person shall not use any spear gun for fishing or be in possession of a spear gun in circumstances which raise a reasonable inference that the spear gun has been used or is intended for fishing in Seychelles. (2) Subject to the regulations, a person shall not use any unauthorised gear in Seychelles waters. (3) Subject to the regulations, a person shall not attract shark in Seychelles waters by placing in the water fish, part of fish, blood, or such matter upon which shark feed, lured to, for the purpose of making use of shark for any sport, game, or any activity, and this shall not restrict any approved scientific research or activity. (4) A person shall not kill, chase, take any marine mammal alive or dead in Seychelles waters. 33.(1) Subject to the regulations, a person shall not place or set any fish aggregating device without the written authorisation of the Authority in Seychelles waters. (2) The Authority may, under such terms and conditions as it may determine or as otherwise prescribed, authorise the placing or setting of fish aggregating device under subsection (1). Sub - Part 7 Aquaculture 34.(1 ) The Authority shall manage the development of aquaculture in any part of Seychelles or Seychelles waters through an aquaculture sector plan. " (2) Subject to the regulations, a person shall not install or operate an aquaculture establishment in any part of lfli Prohibition against use of Spear guns, unauthorised gear, chumming, catching of marine mammal Fish aggregating device I Aquaculture II 5·82 Supplement to Official Gazette [27th October 2014] Suspension cancellation and revocation of licence, permit or authorisation Seychelles or Seychelles waters otherwise than under the authorisation of, and in accordance with the conditions of, an aquaculture licence granted by theAuthority. (3) Subject to the regulations, a licence granted under this section shall be valid for such period and subject to such conditions including the payment of such fees, as may be prescribed. (4) Without prejudice to the generality of subsection (3), a licence may, in particulars, contain (a) conditions of sitting, design and materials used in the construction of the aquaculture establishment; (b) health conditions of fish; (c) prohibition of the introduction of species that are not naturally occurring in Seychelles; measures for the prevention of the spread of fish diseases to thewild stocks; (d) (e) measures for the control of pollution and infrastructure impacts on the environment resulting from aquaculture; and (f) commercial provisions relating to the marketing offish and fish products. Sub-Part 8 General 35.(1) The Authority may suspend, cancel or revoke a licence, permit or authorisation granted by it on any of the following grounds- . (a) the suspension, cancellation or revocation is necessary or expedient for the management and conservation offish resources; [27th October 2014] Supplement to Official Gazette 583 (b) .a vessel or any gear in respect of which the licence, permit or authorisation was granted has been used, or any activity has been conducted, in contravention of this Act, any regulations made thereunder, or any terms and conditions of the licence, permit or autho.risation; (c) a fishing vessel or gear does not comply with marking requirements as prescribed; or (d) the holder has been convicted of an offence under this Act. (2) The Authority shall, while taking any decision under subsection (1), have regard to (a) the prescribed criteria or a plan for the management of a fishery for the suspension, cancellation or revocation of a licence, permit or authorisation; and (b) if the holder has been convicted of an offence under this Act, the category of the offence under this Act and penalty imposed by the court for the offence. (3) When the Authority suspends, cancels or revokes a licence, permit or authorisation, the Authority may also suspend, cancel or, revoke any other licence, permit or authorisation issued by it that are held by the holder. 36.( 1) The Authority shall not suspend, cancel or revoke a licence, permit or authorisation under section 35 .without giving the holder of the licence, permit or authorisation a written notice that (a) states the proposed action; Procedure for suspension, cancellation or revocation by Authority 584 Supplement to Official Gazette [27th October 2014] (b) states the grounds for the proposed action; (c) outlines the facts and circumstances forming the basis for the grounds; (d) if the proposed action is suspension of the licence, permit or authorisation, states the proposed suspension period; and (e) invites the holder to show cause, within period of 14 days, as to why the proposed action should not be taken, inform the agent ofthe flag vessel, the flag state or association, ifthe licence was issued under an agreement. (2) If, after considering all written representations made within the period provided under subsection (1) (d), the Authority still considers grounds to take the proposed action exists, theAuthority may (a) suspend the licence, permit or authorisation for a specified period, for' a period not exceeding the proposed suspension period; or (b) cancel or revoke the licence, permit or authorization. (3) The Authority shall inform the holder of the decision by awritten notice, stating (a) the reasons for the decision; and (b) that the holder may appeal against the decision to the Appeals Board within a period of28 days. (4) The decision shall take effect on the next day (a) when the notice is given to the holder; or (b) of effect stated in the notice. , I [27th October 2014] Supplement to Official Gazette 585 (5) Where the licence" permit or authorisation is suspended, cancelled or revoked on the grounds of the conviction of the holder for an offence (a) the suspension, cancellation or revocation does not take effect until (i) the end of the period to appeal against . the conviction; and (ii) if an appeal is made against the conviction, the appeal is finally decided; and (b) the suspension, cancellation or revocation has no effect if the conviction is quashed on appeal. (6) The compensation shall not be payable if the Authority suspends, cancels or revokes a licence, permit or authorisation. (7) Subsection (6) does not prevent regulations or a plan for the management of a fishery providing for payment of compensation. 37.(1) Where a licence, permit or authorisation is suspended, it continues to be suspended until the end of the suspension period. (2) Where a licence, permit or authorisation is cancelled or revoked under section 35(1)(a), the proportion of any fees paid with respect to the unexpired portion of the licence, permit or authorisation shall be refunded to the holder of the licence, permit or authorisation. (3) Where a licence, permit or authorisation in respect of a fishing vessel registered under the Merchant Shipping Act is cancelled or revoked, the fishing vessel may, upon notification by the Authority, be removed from the Register kept by the Record of fishing vessel kept under section 8. Effect of suspension, cancellation or revocation 586 . Supplement to Official Gazette [27th October 2014] Establishment of Appeals Board PART IV - APPEALS BOARD 38.( 1) There is hereby established an Appeals Board. (2) The Appeals Board shall consists of the following members appointed by the President (a) an Attomey-at-Law who shall be chairperson ofthe Board; and (b) 4 other members, at least 2 of whom shall have knowledge and experience in fishing industry, and at least 1 of whom shall be a member of the Board ofthe Authority. (3) The President shall cause the names of the Chairperson and other members of the Appeals Board to be published in the Gazette and. ev~ry appointment shall take effect from the date of publication. (4). The Chairperson and other members of the Appeals Board shall hold office for a period of 2 years and are eligible forre-appointment at the end of a term of office. (5) The Chairperson and members of the Appeals Board shall be paid such allowance as the Minister may in consultation with the Minister responsible for Finance, determine. (6) 'the Chairperson and other members shall be removed from office by the President, ifhe or she (a) is absent from 3 consecutive sittings of the Board without the Chairperson's leave and without reasonable excuse; (b) commits an offence Which calls' into question his or herprofessiorial standing; " [27th October 2014] Supplement to Official Gazette 587 (c) becomes employed by, or a contractor of, the Authority; (d) engages in misbehavior, becomes incapable of performing the function of a member because of physical or mental incapacity; or (e) is adjudged insolvent. (7) A member of the Appeals Board may resign by signed notice of resignation given to the President. 39. Where before the expiry of the term of office of the Chairperson, or any other member, a vacancy arises for any reason, the person appointed to fill the vacancy shall hold office for the unexpired period of the term for which his or her predecessor would have held office if such vacancy had not ansen. 40.( 1) The sittings of the Appeals Board shall be held at the time andplace fixed by the Chairperson. (2) The Appeals Board may be formed by the Chairperson and 3 other members to hear an appeal. (3) The Chairperson or, in the absence of the Chairperson, a member elected by the members present to preside at the meeting, shall preside at a sitting of the Appeals Board. (4) Any questions at a sitting of the Appeals Board shall be decided by a majority of the votes of the members present and, in the event ofan equality of votes, the Chairperson or the member presiding shall have a casting vote. (5) The Appeals Board is not bound by the rules of evidence and may inform itself in a way it considers appropriate, while observing the principles of natural justice. Casual vacancy Meetings ofAppeals Board <.-.-"-' ••......- • ..-•.• -., ..---,,~•••~•••,.-.~ 588 Supplement to Official Gazette [27th October 2014] (6) Subject to the procedural rules prescribed by regulations,. the Appeals Board may regulate its own proceedings. . Powers of 'witness 41.(1) The Chairperson, or a member of the Appeals Board authorised by the Chairperson may, by written notice, require any person to appear before the Board at a specified time and place to give evidence orto produce a document. (2) The Chairperson, or a member of the Appeals Board authorized by the Chairperson, may administer an oath or affirmation to the person appearing as a witness before the Appeals Board. (3) A person who is given a notice under subsection (1) shall (a) attend the sitting of the Appeals Board as required by the notice; and (b) continue to attend the sitting of the Appeals Board as required by the Chairperson until excused from further attendance. (4) A person appearing as a witness before the Appeals Board shall not refuse (a) to take an oath or make an affirmation when required by the chairperson; or (b) without reasonable excuse, to answer a question the person is required to answer by the chairperson; or (c) without reasonable excuse, to produce a document the person is required to produce by a notice under subsection (1). (5) A person may upon gi ving reasonable excuse, refuse to answer a question Of to produce a document, if by ~ [27th October 2014] Supplement to OjJicialGazette 589 answering the question or producing the document may incriminate that person. 42. The Appeals Board referred to in sections 40(2), shall decide a question oflaw in a proceeding before the Board. 43.( 1) A person whose interests are adversely affected by an order, direction or other decision of the Authority, and who is dissatisfied with the decision, may appeal against the decision to the Appeals Board on the following grounds-s (a) the decision of the Authority was contrary to provisions this Act; or (b) the decision of the Authority was manifestly unfair. (2) No appeal shall lie to the Appeals Board against (a) any policy of the Authority; (b) a decision of the Authority about an officer or employee of the Authority in the person's capacity as an officer or employee; (c) ~l decision of the Minister about making a management plan or'regulations for measures ~)rplans forthe maf,lageme~t offisheries; or ! (d) a decision of the Mmi~terpn.appointment of removalof a person' a~.anauthorised fishery ffi ..... u ... 'n ... ' " ..'o icer, (~):Itl this. septi()~, arefercmce tp; a ,clecj~ion includes a f,~fere:qp~ to. a. faUuret()m~e ~.deci~iol1:withiI). c •a reasonable period . , , J Questions of law to be decided by Board consisting with Chairperson Appeals to Appeals Board ..4~!£U:!t am~fl~~ludl~Q~Ip.(}tlC@~YitJijlJ,g~.:writtl;:~noti ce Procedure for of appeal with the Ap"p'eals Board in the form approved by the commencement . (. ,. '. . . . . of appealAppealst)oard/1i .. ).·ii.!/ v-r, ,~. ·....~" . ~...,.,.......-"'--=-":""~~---~:'~ ..-'----:'-- .. ()8@O <)\\Supplemi.r1.t,rt(i})Q./Jit.NaLV(l!iette [27th October 2014] ,.,-"""~"""" .• ,."'."' .. ,'."".-".,.=""'--,.=.-'"-""'.~-, ••••.,------------~::.-.-----= Stay of operation of decisions etc. l'PQwefs'afJ'l !r:lWp~tii~il'/J)J BoaHl~l lu appeal t:~2)nJl1HeOO1iicI.1roDl~ealshall beaecompaaied by the fees prescribed under the regulations. (3g, [1:I'helAppeals'BoardshaUgive a copy of the notice of ,appealtdthekmhoriity;<'.'i .'11 i)}i :)e4~f,;Fhetflmice'(of,appeal shall be filed within 28 days 2:a£ier'thej appelf!anf'retciV6s'Roticeof the decision appealed na.gmrull ';)r! r (5) The AppealsBoard may at any time for good cause 'lsh<3Wtiextend/theperl.b'dfdtifiHng the notice of appeal. I if"l(§}( ,J~e,JilRHRYu9f~ppe~l~hall state the grounds of the appear. ,t'~i'J.~iT~t,I'}\.B12t~l~,.Bpf\rdmay stay a decision appealed against, (2) Astaymay :;:>. Luufj;,~r./Jr"C;J,cl . . j JrO(Il)i l~C.a'Yr<tUsm cqnditi()llstqe Appeals Board 'C):'/O Iif,2AS~~f§~pprqpl:iate; , " ' JI~~f; pg~tWitrl! f9f,~4e:"ReIi9H~peciijed by the ,;-nu;:f;:)fr<rnh~~~<j~l~NR~FF;,fm.R»>:· ..: ..i H) 'Be re~l(effofalli:ehded1)ytheAppeals Board. :.ri;'j!l~j()I'~el~~rllifi;B¥~'stAy§~~c~fiedby'~heAppeals Board 'qlitiff!n"6t'~bXtetrd pastLth'e';iiI:i:ie!'Wh6n 'tli¢'$oard decides the appeal. iY.,C;.': • )iSlbu!t4) a~~'siMtiWg.:wanjappeaI;~gafnst ~fdecisibri affects ~)tIier~eiS~dh~l'fJ~Ithe ieatryHig ,ffi:llt 'of 'thc9d~C"isiort;i, 6nltif!~ decision IS stayed. ., .,...' (,:)1f (46t.(-l!JI'I\tii~itl~ngf ~~f'fieitl,rt1~'Nppea~s;B~fird ~ltalt\l' \f J L'f-?';' ..... : ''":,''1- "'!'~;' O?H' l '. f)"f'i;"'-\~' '·!';~f'·'''l'· .,'\ ,"l".'~ c''j';;-':' "J' 'i·'<,''''~''.,r;i(c. I;,;., otqqs LbO, ,.I,li .,11.d;:,\."\'. """,,,,'.,,1,, \ ,.,\.,\.,,'u ',l"~,,,'..!,j (a) confirm the decision apt)eale~s~i,,)qqJ\ '~"~ [27th October 2014] Supplement to Official Gazette 591 (b) set the decision aside and substitute another decision; or (c) set the decision aside and return the matter to the Authority with directions the Appeals Board considers appropriate. (2) In substituting another decision, the Appeals Board has the same powers as the Authority. (3) If the Appeals Board substitutes another decision, the substituted decision shall be taken, for the purposes ofthis Act, to be the decision of the Authority. 47.(1) An appellant dissatisfied with the decision of the Appeals Board may appeal to the Supreme Court and the Supreme Court may make such order as the justice of the case requires. (2) The Chief Justice may make rules of court regulating the procedure in appeals under subsection (1) and until such rules are made the procedure relating to appeals to the Supreme Court from a decision of a magistrates' court in civil proceedings shall apply. PART V - ENFORCEMENT MEASURES Sub-Part 1 Powers of Authorised fishery officers in Seychelles waters and beyond, and on land 48.( 1) The Minister may appoint in writing an officer or other employee of the Authority or any other persons as the Minister thinks proper, to be authorised fishery officers for the purposes of this Act, on such terms as may be determined by the Minister. (2) Without prejudice to subsection (l),the following persons shall be deemed to he authorised fishery officers for the purposes ofthisAct Appeal to Supreme Court Appointment of 8uthorised fishery officers ;:-:-:r-- '·~~·"->='~'''"=-=~~~--''''-~''''-'-'''''''''''''''''''''''''''''''''''''''''-----'''I!II!I!I!-IIIIIIIIIIII!I!I!II!'''IIIIIII!IIIIIII'''IIIIIIIIIIIIIII''----11111!!!111 592 .Supplement to Official Gazette [27th October 2014] (a) public service officers requested by the Minister to assist authorised fishery officers in the performance of their functions; (b) members of the Defence Forces, the Seychelles Police or the National Drugs Enforcement Agency requested by the Minister either generally or in specific matters, or Authority in case of urgency; or (c) any other person as the Minister may consider necessary. .' (3) An authorised fishery officer shall, while in the ex,ercise of his or her powers under this Act, produce on request such means of identification as determined by the Authority for the purposes of enforcing this Act. (4) An authorised fishery officer may, in the exercise of his or her powers under this Act or any regulation made thereunder use or employ such force as may be reasonably necessary. (5) An authorised fishery officer appointed under this section may, when exercising any powers or performing any functions under this Act or any regulations made thereunder, be assisted by persons referred to in subsection (2). (6) A person referred to in subsection (2)(b) may take with him or her any equipment or materials including firearms or other weapons to assist the authorised fishery officer in the exerciseof his or her powers. or the performance of his or her functions under this Act. (7) An authorised fishery officer may arrest a person whom he or she has reasonablegrounds to believe to have committed an offence under-this.Act, [27th October 2014] Supplement to Official Gazette 593 (8) The Minister may, without assigning a reason, revoke in writing the appointment of'an authorised fishery officer, whereupon his or her appointment shall be immediately terminated. (9) A person whose appointment as an authorised fishery officer has been revoked under subsection (8), shall return to the Minister or such other person as the Minister shall designate, his or her appointment and all other documents and items in his or her possession solely referable to his or her having been an authorised fishery officer. 49.(1) For the purposes of enforcing this Act and any regulations made thereunder, an authorised fishery officer may stop, board, search and inspect (a) any fishing vessel in Seychelles or Seychelles waters; or (b) on the high seas (U a joint venture fishing vessel, a local fishing vessel or a Seychelles fishing vessel; or (ii) a fishing vessel flying the flag of a State party to a bilateral ot an international agreement to which Seychelles .is a party and which provides for such stopping, boarding; searching, seizure and detention of such fishing vessel. (2) An iauthorised fishery officer may, in the exercise of his or herpowers under subsection (1) (a) if the fishing vessel is underway, order it to be stopped or .·manoeuvredas directed for the purposes Q.f identification or of allowing him or her to goon board. it; Authorised fishery officer 594 Supplement to Official Gazette [27th October 2014] (b) require the master to facilitate the boarding of the fishing vessel by all appropriate means; (c) go on board the fishing vessel and take with him or her other persons as he or she may require to assist him or her in the exercise of his or her powers; (d) require the master or any member of the crew of the fishing vessel to produce the certificate of registry, licences, authorisations, logbooks or other records relating to the fishing vessel and examine and take extracts from or copies ofthem; (e) require the master to produce for examination records of crew or any member thereof or any person on board the vessel; (f) request and take the name and address of any person on board the vessel; (g) muster the crew of the vessel; (h) require the owner, master or any member of the crew of the fishing vessel to produce for examination any fishing gear or equipment on board the vessel and any fishing gear used from the vessel and for that purpose order the owner, master or any member of the crew of the vessel to bring on board any fishing gear that may be in use; (i) require the master of the vessel to appear before him or her and give any explanation concerning the vessel and any fishing gear or equipment on it or concerning the vessel's fishing activities and the certificates, licences, permits, authorisations., logbooks, or other records relating to it and any crew or any person on board.it; ~--- =~ ====~c=,-- ~ [27th OCtober 2014] Supplement to Official Gazette 595 (j) . search the fishing vessel including' any package, hold, tank, container lor other craft on board; (k) inspect any. vessel monitoring device, vessel tracking device, communication equipment, fish locating or monitoring equipment, positioning equipment and any other equipment on board the vessel; (1) require the owner, master or a member of the crew of the vessel to demonstrate the operation of any of the device or equipment referred to under paragraph (k) for the purposes of verify-ing whether that device or equipment is or has been operated properly, has not been tampered with or otherwise modified Or interfered with and is protected against improper use; (m) take samples of any fish or fish products found on board; or I \ (n) make any search, examination or enquiry which he or she shall consider necessary to find out whether any provision of this Act or any regulations made thereunder have been contravened. (3) An authorised fishe ry officer may, ifhe or she has reasonable grounds to believe hat an offence against this Act or any regulations made there mder has been, is being or is about to be committed, without lwarrant seize (i) and det in any fishing vessel, including its eq iipment, gear, furniture, appurte lances, store and cargo; (ii) any 10; ~book, record, document or equipm .nt, any computer or other 596 Supplement to Official Gazette [27th October 2014] electronic device that may be used as evidence in any proceedings under this Act; (iii) any fish which he or she believes have been taken or fish products produced in the commission of such offence; (iv) any prohibited gear, unlicensed fishing appliance, fish-aggregation device or marine culture system; (v) any article which he or she has reason to believe has .been used, or was in the p o s s e s s io n of someone, in contravention of this Act; or (4) An authorised fishery officer may, if he or she has reasonable grounds to' believe that a violation of a fishery measure under an international agreement to which Seychelles is a party has beenicommitted on the high seas, without awarrant I (i) seize and!detain a fishing vessel other than a for)eignfishing vessel; and (U) where a.l~.thorised by an international agreeme nt to which Seychelles is a party, se ze and detain a foreign fishing vessel, I , .I . together with its gear, store a~ld cargo, fish, fishing gear or other article which he or she ~las reason to believe has been used in the commission of the o~ffenceor violation or in respect of which the offenc.eor violatio~l has been committed. i (5) The AuthorityUPOril seizure of a foreign fishing vessel shall promptly notify thel flag state, through appropriate channels, ofthe action taken arl4 of any penalties imposed. ( I [27th October 2014] Supplement to Official Gazette 597 (6) An authorised fishery officer may require the master to take the fishing vessel and other articles seized under subsection (3) or (4) together with such persons on board, to the harbour or Port Victoria or other suitable place in Seychelles or Seychelles waters as he or she reasonably believes he or she would require for the purposes of investigating the offence. (7) The powers contained in this section may be exercised in respect of a fishing vessel irrespective of whether the vessel is at the time of such exercise engaged in fishing or any fishing related activity. 50. An authorised fishery officer may, without a warrant, following hot pursuit in accordance with international law as referred to in Article 111 of the United Nations Convention on the Law ofthe Sea 1982 (a) stop, board and search outside the Seychelles waters, any foreign fishing vessel which he or she has reason to believe has been used in the commission of an offence under this Act and bring such vessel, all persons and articles on board to the harbour, Port Victoria or any suitable place in Seychelles; and (b) exercise beyond the Seychelles waters all powers conferred to an authorised fishery officer under this Act. 51.(1) For the purposes of enforcing the provisions ofthis Act and any regulations made thereunder, an authorised fishery officer may, without awarrant (a) stop any person conveying or believed to be conveying fish or fish products and inspect any such fish or fish products which the person is found to be conveying, and for that purpose open, search and examine any Pursuit beyond Seychelles waters Powers of entry and search on land of authorised fishery officers 598 Supplement to Official Gazette [27th October 2014] vehicle, equipment, baggage, package or container in which such fish or fishproducts are or may be or are believed to be conveyed; (b) enter, at all reasonable times and have access to the interior of (i) any premises (other than a dwelling) used for carrying on business in connection with the operation of fishing vessels and activities ancillary thereto; (ii) any premises (other than a dwelling) of a person engaged in the business of catching, keeping, offering for sale, selling, storing, processing or disposing of fish or fish products, or in any way regarding aquaculture, or carrying goods which relate to any of the foregoing activities; (iii) any pier, quay, wharf, marina, jetty, dock or dock premises, seafood factory, processing facility or warehouse; (iv) any vehicle, aircraft, vessel or other means of conveyance and open, search and examine any equipment, baggage, package or container; (c) (v) any premises (other than a dwelling) of any person engaged/in the business of retaining documents containing information on the activities referred to insubparagrapbdjand (ii); ; verify the accuracy of !information in any document or record which relates to any of -- =- . --. .. w ,., ±L ..- ----1 .11'~ Supplement to Official Gazette 599 :'1.~ [27th October 2014] the activities referred to in paragraph (b)(i), (ii) or (v); (d) examine all fish or fish products found in any place which he or she is authorised by this Act to enter and for that purpose to open any package found in that place containing or believed to contain fish or fish products; (e) . check the size, weight, characteristics of fish or fish products and the operation of any equipment used for the measurement and weighing of fish or fish products, (2) For the purposes of enforcing the provisions ofthis Act and any regulations made thereunder, where an authorised fishery officer has reasonable grounds to believe that an offence under this Act or any regulations made thereunder has been, is being or is about to be committed, he or she may, without a warrant (a) seize any vehicle; (b) seize any document, gear, article, fish or fish products, that may be used as evidence in any proceedings under this Act or regulations made thereunder; (c) request and take. the name and address of any person having ~~ustody of any fish or fish products, gear o~'other article which he or she I is authorised W1lder this Act to examine or inspect, and req~lest and take from that person the name and address of the owner of such fish, fish produc1s or gear or other article; (d) require the owner of or a person connected with- I I (i) any of tI1\e premises referred to in subsection\(I)(b)(i), (ii), (iii) or (v); 600 Supplement to Official Gazette [27th October 2014] (ii) any ship, vessel, aircraft, lorry or other vehicle referred to in subsection (1) (iv) , to give to him or her such information and produce to him or her' such documents or records within the power or procurement ofthat person as he or she may reasonably require relating to any of the activities mentioned in subsection (1) (b) (iijand to examine and take the documents or records or copies of, or extracts from, such documents or records. Sub-Part 2 Procedure upon seizure and detention Custody of seized items 52.(1) Any article seized or detained under Sub-Part 1 >shaUbe delivered in the custody of the Authority and shall, pending judicial proceedings or compounding, and dealt in accordance with this Sub-Part. (2) If no proceedings in respect of any article seized or detained are instituted within i 15 days of its delivery to the Authority, it may be released by an order of the court on demand to any person who appears to be entitled thereto. Security for release of fishing vessel (3) Where proceedings are instituted in respect of any article seized or detained and produced in evidence, the court may retain it pending the outcome of such proceedings and, where proceedings are instituted in any other court; may deliver it into the custody of that court which shall deal with it in accordance with this Sub-plart. 53.(1) Where a fishing ~essel is seized or detained under this Act and a charge is lajd against the master, owner or charterer of the vessel in respect of the offence for which the vessel has been detained.ithemaster, owner or agent of the vessel may at any time before the determination of the charge apply to the court by which tile charge is due to be determined for the release of the vessel on the provision of security in accordance with this section, [27th October 2014] Supplement to Official Gazette (2) On hearing an application under subsection (1), the court, on ensuring that no evidence that may be required is thereby prejudiced, shall (a) on being satisfied that reasonable security has been given to the Government in respect of the aggregate of the maximum penalty to which the defendant may be liable and the costs and expenses incurred or reasonably foreseen to be incurred by the Authority and the Government, the Authority shall order the prompt release of the fishing vessel; or (b) order the release of the fishing vessel on the production, by any suitable person or persons approved by the court, of a reasonable bond in favour of the Government in the prescribed form, and conditioned in accordance with subsection (3), in an amount not less than the aggregate of the maximum penalty to which the defendant may be liable and the costs and expenses incurred or reasonably foreseen to be incurred by the Authority and the Government. (3) The conditions of the bond or security shall be that, if (a) the defendant is not found guilty ofthe charge; or (b) the defendant, on being convicted of the charge, pays in full within fourteen days after he or. she is convicted the amount of the fine imposed by the court and the amount of all costs' and expenses due by him or her to the Authority and the Government, then the bond shal] be of noeffect but that otherwise the bond shall remain in full force and effect. r I 602 Supplement to Official Gazette [27th October 2014] (4) The amount specified in the bond shall be recoverable in a court as a debt due to the Government jointly and severally by the person or persons by whom the bond is given unless the person or persons prove the due performance ofthe condition for which the bond was made. (5) For the purposes of this section, "fishing vessel" includes all equipment on board or used by the vessel and also includes all fish or fish products or other perishab le articles that have been seized fromthe fishing vessel under thisAct. Procedure for detained fish and other articles 54.( 1) The court may, on an application, order (a) any fish, fish products or other perishable articles seized under this Act, to be sold; (b) any live fish seized under this Act, to be returned to the sea; or (c) any fish or fish products or other perishable articles seized under this Act which are likely to become unfit for human consumption before the matter can conveniently be dealt with by the court, to be destroyed. (2) The proceeds of any sale under subsection (l)(a) shall be held and dealt with in accordance with this Act as though they were the articles which have been seized. (3) An authorised fishery officer shall create a certificate in writing describing the fish returned to the sea, or fish, fish products or other perishable articles destroyed under subsection (1)(b) or (c) respectively and any marks, peculiarities or other particulars thereof .. (4) A certificate under subsection (3) shall be prima facie evidence in a court of all such matters of fact stated in it unless otherwise proven. " [27th October 2014] Supplement to Official Gazette 603 Sub-Part 3 Other enforcement measures 55.(1 ) Where a foreign fishing vessel is in the harbour, Port Victoria or other place in Seychelles waters or at a Seychelles offshore terminal, no fish or fish products shall be landed or transhipped unless an authorisation to do so has been granted by the Authority and, where required, or directed by the Authority, an inspection of the fishing vessel has been carried out by an authorised fishery officer. (2) Where pursuant to an inspection under this Act, the Authority has reasonable grounds to believe that a foreign fishing vessel has engaged in, or supported, illegal, unreported and unregulated fishing or is included in a list of vessels having engaged in, or supported, such kind of fis-hingestablished by a Regional Fisheries Management Organisation or any other appropriate regional or international organisation, the Authority shall (a) deny the vessel the use of the harbour, Port Victoria or other place in Seychelles waters or offshore terminal for landing, transhipping, packaging or processing fish or for other port services, including, inter alia, refuelling and resupplying, maintenance and dry docking, save where the use of port services is essential to the safety and health of the crew or the safety of the fishing vessel; (b) . promptly notify the competent authority of the flag State of the vessel of its decision and, as appropriate,' relevant coastal State, Regional Fisheries Management Organisation and other international organisations; and (c) request the flag State of the vessel to fully and immediately investigate the matter and for that purpose' provide it with any information, including evidentiary material, relating to that matter. Implementation of international fishery conservation and management measures 604 Supplement to Official Gazette [27th October 2014] Establishment of observer programme Regional cooperation in surveillance and enforcement Penalty for unlicensed foreign fishing vessel fishing in Seychelles water 56.( 1) An observer programme shall be established by the Authority for the purpose of collecting and reporting reliable and accurate information on the activities of fishing vessels. (2) The Authority may appoint a person to be an observer for the purposes of the observer programme under subsection (I}. (3) An observer may be appointed in accordance with such manner and on such terms and conditions as may be prescribed or as contained in a fishing agreement under section 12. 57. The Minister may enter into arrangements or agreements with other States in the Indian Ocean, directly or through an international organisation, providing for joint or hannonised surveillance and enforcement measures in respect offoreign fishing vessels. PART VI " OFFENCES 58. Where a foreign fishing vessel that is not licensed in accordance with section 11 is used for fishing or any fishing related activity in Seychelles waters or for sedentary species on I the continental shelf, the owner and master each comm~ts an offence and is liable on conviction, where the foreign fishing vessel is - II (a) ofa length overall not exceeding 24 metres, to a fine not less than SCR2,500,000; i i (b) of a length overall exceeding 24 metrqs but not exceeding 50 metres, to a fine not less than SCR12,500,OOO;or i (c) of a length overall exceeding. 50 mev.I es or more, to a.fine not less than SCR18,7$0,OOO andnotexceedingSCR31,250,OOO. i [27th October 2014] Supplement to Official Gazette 605 59.(1) A person who uses a vessel in contravention of section 10(1)(a)(b) or section 10(2) commits an offence. (2) Where a foreign fishing vessel licensed pursuant to section 11 (a) is used in contravention of any terms and conditions of the licence under section 11(3); or (b) is used in contravention of any measure provided for under a fishing agreement applicable to that vessel under section 12, the owner and master each commits an offence. (4) The owner and master of a foreign fishing vessel who contravene section 13, 14(a), 14(b) or 15each commits an offence. (5) Where a joint venture fishing vessel or Seychelles fishing vessel that is required to be licensed under section 16(1) or authorised under section 25(2), is not so licensed or authorised and is used for fishing or a fishing related activity in Seychelles waters or outside Seychelles waters, the master commits an offence. (6) Where the master of ajoint venture fishing vessel or Seychelles fishing vessel (a) fails to comply with any terms and conditions ofthe licence imposed under section 16(4); or (b) fails to comply with any condition of the authority imposed under section 25(5), he or she commits an offence. Penalty for using a vessel for scientific research fisheries without approval of Minister 606 Supplement to Official Gazette [27th October 2014] (7) Aperson who (a) uses a vessel for sport fishing in contravention of section 18(1); or (b) fails to comply with any terms and conditions of a sport fishing permit imposed under section 18(3), commits an offence. (8) A person who contravenes section 25(1), 31(1)(a) or31(1)(b) commits an offence. (9) Apersonwho (a) commits an offence (1), (2), (3), (4), (5), (6), (7)or(8) is liable on conviction to a fine (i) not less than SCRl,250,000 and not exceeding SCR6,250,000, if the offence involves the use of a foreign fishing vessel or Seychelles fishing vessel; (ii) not less than SCR625,000 and not exceeding SCR1,875,000, if the offence involves the use of a joint venture fishing vessel; (iii) not exceeding SCR625,000 if a vessel is used for sport fishing or sport fishing competition; (iv) not less than SCR1,250,000 and not exceeding SCR6,250,000 in all other cases not ..falling under subparagraph (i), Oi) or (iii). [27th October 2014] Supplement to Official Gazette 607 60.(1) A person who, within Seychelles or Seychelles waters (a) on his or her own account, or as partner, agent or employee of another person, lands, tranships, imports or otherwise brings into Seychelles or Seychelles waters, exports, transports, sells, receives, acquires or purchases; or (b) causes or permits a person acting on his or her behalf, or uses a fishing vessel, to land, transship, import or otherwise brings into Seychelles or Seychelles waters, export, transport, sell, receive, acquire or purchase, any fish in contravention of the laws of another State or of an international conservation and management measure, commits l an offence and is liable on conviction to a fine not exceeding SCR18,750,000. (2) In addition to any penalty imposed under subsection (1), any fish or fish product on board the vessel or any fish unlawfully caught shall be forfeited. 61. Anyperson (a) who undertakes any aquaculture activity in Seychelles or Seychelles waters in contravention of section 34(2); or (b) who undertakes any aquaculture activity in contravention of any conditions of a licence in contravention of section 34(3), commits an offence and is liable on conviction to a fine not exceeding SCR5,000,000. Penalty for landing, transhipping or importing fish to Seychelles etc Penalty for undertaking aquaculture activity in Seychelles water 608 Supplement to Official Gazette [27th October 2014] Penalty for unlicensed or authorised etc. Penalty for landing, selling or receiving etc 62.( 1) Where a local fishing vessel that is required to be licensed under section 16(1j.or authorised under section 25(2), is not so licensed or authorised and is used for fishing in Seychelles waters or outside Seychelles waters, the owner and master each commits an offence. (2) Where the owner and master of a local fishing vessel fail comply with any (a) terms and conditions of the licence imposed under section 16(3); or (b) conditions of the authority imposed under se'Ction25(5), the owner ormaster each commits an offence. (3) Where the master and owner each commits an offence under subsection (1) or (2), he or she is liable on conviction to a fine not exceeding SCR350,000. 63.(1) Any person who (a) lands, sells, receives or is found in possession of fish or fish products, knowing or having reasonable cause to believe them to have been taken in contravention of section 31( 1)(a) or 31(1)(b); [27th October 2014] Supplement to Official Gazette 609 (d) threatens, intimidates or assaults an authorised fishery officer or an observer in the course of his or her duties under thisAct; (e) offers to payor pays any bribe or offers or furnishes any inducement to an authorised fishery officer or observer to improperly discharge or refrain from properly discharging any of his or her duties under this Act; (f) contravenes section 19(1) or 19(2); (g) fails to comply with any terms and conditions of an authority imposed under section 19(4); (h) in any manner holds himself or herself out to be, or personates an authorised fishery officer, commits an offence and is liable on conviction to a fine not exceeding SCR500, 000 or to imprisonment for a term not exceeding 3 years or to both. (2) An authorised fishery officer or observer who accepts a bribe or an inducement in the circumstances set out in subsection (l)(e) commits an offence and is liable on conviction to a fine not exceeding SCR500,000 or to imprisonment for a term not exceeding 3years or to both. 64.( 1) Any person who (a) removes or attempts to remove a detained fishing vessel from detention; (b) falsifies, conceals or destroys evidence which could be used in the course of inquiries or judicial proceedings relating to matters under this Act; Penalty for removing, tampering, or damaging to detained fishing vessel, etc (b) fails without reasonable cause to comply promptly with any order, request, requisition, search or inspection, given, made or requested by an authorised fishery officer UnderthisAct; (c) wilfully obstructs or delays an authorised fishery officer in the performance of his or her functions under this Act; 610 Supplement to Official Gazette [27th October 2014] (c) tampers or wilfully destroys, damages, renders inoperative or otherwise interferes with the vessel monitoring device or the vessel tracking device of a fishing vessel; (d) tampers or wilfully destroys, damages, renders inoperative or otherwise interferes with the gear monitoring device or the gear tracking device of a fishing vessel; (e) tampers or wilfully destroys, damages, renders inoperative any fish aggregating device; (f) places any fish aggregating device in Seychelles waters in contravention of section 33(1); (g) fails to comply with any terms and conditions of an authorisation imposed under section 33(2); (h) is required to supply information under this Act, who fails to supply such information or supplies false or misleading information; engages in fishing in breach of any measure provided in a plan for the management of a fishery; contravenes any prescribed international fisheries conservation and management measure; (i) U) (k) when obliged to so do under this Act, fails to comply with the rules and.procedures relating to the taking of any observer on bow any designated fishing vessel or the disembarking oftheobserver; [27th October 2014] Supplement to Official Gazette 611 (1) is in possession of or uses in Seychelles waters any prohibited or unauthorised fishing gear or method in contravention of sections 32(1) and 32(2); (m) who takes fish in a prohibited or closed area or during a closed period; (n) attracts shark in contravention of section 32(3); or (0) kills, chases or takes any marine mammal in contravention of Section 32(4), commits an offence and is liable on conviction to a fine not exceeding SCR4S0,000. 65. Aperson who (a) produces or submits any false or misleading document or makes any false or misleading statement regarding the licensing of or use of a vessel as a foreign fishing vessel; (b) produces or submits any false. or misleading document or makes any false or misleading statement regarding the licensing or use of a vessel as a fishing vessel other than a foreign fishing vessel; or (c) conspires, attempts, procures, counsels, aids or abets any of the activities under subsections (a) and (b), commits an offence and is liable on conviction to a fine (i) not exceeding SCR6,2S0,000 if the offence involves a foreign fishing vessel; Penalty for. producing false or misleading document 612 Supplement to Official Gazette [27th October 2014] (ii) not exceeding SCR2,500,000 if the offence involves a fishing vessel other than a foreign fishing vessel. Penalty where no penalty is provided Proceedings before court Procedure regarding articles in custody of court Presumption Forfeiture of vessel, fish, etc 66. Any person who contravenes any provisions of this Act for which no specific penalty is provided, commits an offence and is liable on conviction to a fme not exceeding SCR500,OOO or to a term of imprisonment not exceeding 1year or to both. 67. In respect of proceedings for offences against this Act, a court may award the Government such costs and expenses incurred in relation to those proceedings as it may deem proper. 68.(1) Where an article in the custody of a court is not ordered to be forfeited, it shall be held until all fines imposed for any offence in the commission of which the article was used, or which was committed in respect of the article, and the costs and expenses due by the offender to the Republic have been paid. (2) Ifwithin 30 days foHowing the imposition of a fine, any part of such fine, costs or expenses remains unpaid, such article may be sold, and the proceeds applied towards payment of the fine, costs or expenses. 69. All fish or fish products found on board any vessel which have been used in the commission of an offence against this Act shall be presumed to have been caught in the commission of the offence, unless the contrary is proved 70. Where a person is convicted of an offence under this Act, the court may, in addition to any other penalty (a) order the forfeiture of the fishing vessel.eny gear or article used in the conlIlrissioo of the offence; [27th October 2014] Supplement to Official.Gazette 613 (b) order the forfeiture of any fish caught in breach of this Act; (c) order that the master of the vessel shall be prohibited from operating or boarding any fishing vessel in Seychelles waters for a period oftwo years from the date of his or her conviction. PART VII - MISCELLANEOUS 71.( 1) The person notified to be the agent of an applicant Agent in an application for a licence under this Act shall be the agent of that person for all purposes under this Act until the person notifies the Authority in writing, of the name and address of another person to be his or her agent in place of that person; (2) Service of any process,notice or any document whatsoever on the agent shall be deemed for all purposes in law to be good and valid service on the said person who is notified to be such at the date of service, notwithstanding any law or' practice to the contrary. (3) If the person notified as agent under subsection (1) no longer resides or have a business address in Seychelles or for any other reason cannot be promptly served as required, such other person as the court may order, shall be the agent of the applicant for the purpose of service. 72.(1) The Minister, in consultation with the Attorney General may, for a first offence, ifhe or she is satisfied that an offence has been committed under this Act and if the person admits the commission of the offence and agrees in writing to its being dealt with under this section (a) compound the offence in lieu of instituting legal proceedings for a sum of money that shall not be less than the minimum and not more than the maximum fine specified for the Compounding of offences I 614 Supplement to Official Gazette [27th October 2014] offence together with the forfeiture of any articles {including the vessel); or order the release of any vessel or other article seized in connection with the offence on payment of a sum of money not exceeding the estimated value of the vessel or other article together with the maximum fines and costs that may be imposed in relation to the offence. (2) Any sum of money received under this section shall be dealt with as though it were a fine imposed by a court. (b) (3) The Minister shall determine the sum of'raoney to be paid by the offender and the articles to be forfeited under subsection (1) (a), having due regard to the provisions of this Act, the nature, the circumstances, extent and grav:ity of the offence, the past behaviour of the offender, the ex.te»t of the damage caused by the offence on marine resources and ecosystems, and the financial benefit accrued from the violation to the offender. (4) An ad-hoc compounding committee may be established to advise the Minister in the determination of the sum of money to be paid by the offender and of the .mltureand extent of any article to be forfeited in accordseee with subsection (3). (5) Upon determination of the sum of money to be paid by the offender by way of fine and upon determinatian.ofthe nature and extent of any article to be forfeited(or the sum to he paid by the offender in Iieuef forfeiture if the Minister so agrees) in.accordanee with subsection (3), the Minititef .shall sign the conwounrungagreement and serve it on ,tbe.oifender who shall paytke sum of .money, and ,hand over Jdl.artiCles determined to '.be 'forfeited #0 the eMteRtthat ..they are not alreadyinihecootrol of thecourt),··within .1-4,&ysfrmn.itheda.te ,ofBerVice. [27th October 2014] Supplement to Official Gazette 615 (6) In the event the offender fails to pay the sum of money within the period set out in subsection (5), the compounding agreement shall be null and void and the judicial proceedings shall be instituted or continued as the case may be. (7) On payment of the sums mentioned in this section and on the effective forfeiture of articles determined to be forfeited, or on payment of the sum of money to be accepted in lieu of forfeiture, the compounding of any offence under subsection (l) shall be filed in court and thereupon the proceedings in connection with the commission of the offence which is pending shall be noted as compounded and the offender absolutely discharged. (8) The compounding of an offence under this section shall be conclusive and final. €9I} In any proceedings brought against any person for an ofIettR against this Act, it shall be a defence if the person proves tiat the offence has been compounded under this secties, 71.(T} Any information or data transmitted by a vessel trac~.vi<i:eshall be prima facie evidence of the position of the vessel: at tIle time and date stated and that such information ordaia- ' (a) comes from the vessel so (b) was accurately and transferred to the Authority. or Rules of evidence regarding Vessel Monitorng ~'~- ... -"." .. """"'.""" .~,~. (2) Where in any proceedings under Act or area in which a vessel is alleged to have been at a date and: time or duringapartieular period of time is an;(l)~charged, a.place or area stated in iJ by: 3l aufA0riseQ' fishery officer sliaU be prima facie unta1lccontrary is provedi,.ofthe place or area in which the veSsdwas at: the date and time. or' during the period of time s~ [27th October 2014]Supplement to Official Gazette616 [27th October 2014] Supplement to Official Gazette 617 (3) An authorised fishery officer shall in any certificate made under subsection (2) state - ' (3) An authorised fishery officer shall in any certificate made under subsection (2) state his or her name, address, official position and place of appointment; the name and, if known, call sign of the fishing vessel concerned; (a) his or her name, address, official position and • (a)place of appointment; (b) the name and, if known, call sign of the I (b)fishing vessel concerned; " (c) the date and time or period of time thevessel I (c)was in the place or area; (d) the place or area in which it is alleged the ;. vessel was located; and (d) (e) the position fixing instruments used to fix the place or area stated in paragraph (d) and their • (e)accuracy within specified limits. the date and time or period oftime the vessel was in the place or area; the place or area in which it is alleged the vessel was located; the position fixing instruments used to fix the place or area stated in paragraph (d) and their accuracy within specified limits; and 74.(1) Any video recording, information or data recorded by a vessel monitoring device ~hall be prima facie evidence of the fishing operation and position of the vessel at the time and date stated and that such video recording, information or data (a) comes from the vessel so identified; and (b) was accurately and securely, downloaded by, or relayedpr transferred to the Authority.~....~ Rules of evidence regarding vessel monitoring device (f) the brand and model name of the monitoring device, censors or other device or equipment used to monitor the fishing activity or fishing related activity ofthe vessel. . 75.( 1) Where a photograph or film is taken of any fishing activity and simultaneously the date and time and position from which the photograph or film is taken are superimposed upon the photograph or film, it shall be prima facie evidence, unless the contrary is proved, that the photograph or film was taken on the date and, at the time in which the position so' appear. (2) The presumption set out in subsection (1) shall arise only if Photographic evidence (2) Where in any proceedings under this Act, the type of fishing activity or fishing related activity a vessel is alleged to have been conducting and the place or area in which a vessel is alleged to have been at a particular date and time or during a particular period of time is material to an offence charged, then the fishing operation, place or area stated in a certificate given by an authorised fishery officer shall be primafacie evidence, unless the contrary is proved, of the fishing activity or fishing , related activity that.was conducted and place or area in which the vessel was at the date and time or during the period oftime stated. (a) the camera taking the photograph or film is connected directly to the instruments which provide the date, time and position concerned; and 618 Supplement to Official Gazette [27th October 2014] Application of Public officers (Protection) Act Cap 192 (b) the photograph was taken by an authorised fishery officer. (3) Any authorised fishery officer who takes a photograph or film in accordance with subsection (2) may issue a certificate appending the photograph or film by stating (a) his or her name, address, official position and place of appointment; (b) the name and call sign, if known, of any fishing vessel appearing;in the photograph; (c) the brand and model names of the camera, watch, clock or other devices supplying the date and time and the position fixing instrument, the matters set out in subsection 2(a); (d) the accuracy ofthe position fixing instrument used within specified limits; and (e) the maximum possible distance and the bearing of the subject of the photograph or film from the camera at the time the photograph or film was taken. 76.(1) The Public Officers (Protection) Act 1976 is extended to all Seychelles waters and to any fact, act or omission that takes place outside the Seychelles waters in accordance with this Act. (2) Employees of the Authority performing -functions under this Act shall be deemed to be public officers for the purposes of the Public Officers (Protection) Act, and sections 372 and 373 of the Penal Code. Regulations 17.(1) The Minister may make regulations for carrying into effect theprovisions of this Act. [~1tH~~~2(jt'~li:Stlppi~~W;XJffr:itd'GJat<Jtte 6(}S)b ,., ~".. -, •••••. ,>'". :;r~2Jl1Wltho\ft,'¥t~ehtG)1(the}gw.erajjy ofisubsection (b)~regulatiOtlsmade ~subse~ (l'1Jrrl~provide for .;·~i::};.''--'(~jj'~u1,id;,.~{":j \iirTU~Yjf; bH'H \(J~ilDf: (a) the terms 'and conditions for licensing, '.,{J,; p~~ ~d~tbQri~jJlg:;Q~ fisntl}gvessels, ~)')l! l.i!!;j ..f9rr:ns~?:t0~~~~,~~~~p.;f~cences, permits :1~~~t~9rnH~ti~f! ~d:~~~lPrQcedure for their issuance, suspension, cancellation and .revoeetion; I' (.1 '--' d II \:) f" >~::)'Xut):~,,!'J({,:I~~l Ltheholder,of ahy-Jicen~ltckexecute a bond or gi¥e/other guarantlte,iOfrhis'other obligations under the licence; ;?l')~I}V/ (c) the 'eStablishmentg iOf:,: ac6impliance bond i system; :' l:J.iL :!n:r>i"j i.~(~t. i; J " .. J (d) any vessel licensed, permitted or authorised to be equipped with specified communication equipment and ves'S~l'ttlitikitigdeViceand any other equiptrient! I~M i idcWiee designed to enhance monitorirtg()lfflshitl'gactivities; ;i )c: . :/i')!L'N (e) a plan for the marra.g~dFbf a fishery and management measures; ! In "m~sforj Iffle ipFotectiort of corals and shells and other invertebrates; : ">'i fJ:1I~1,)H 'fJlJG (g) measures for the protection of marine ! tria'riilfialsandftrttles f,i j 1 iin 11')j) • •. '!. '. ~ '~." !,,"i ::1,..1.;'>-; [n:~'LI i{h) I '~~es:for'ffiIe'pf~efi~lF,~onservation and :maMgemenlOft !1JWiHtijpt8,~ctedareas and eSta),JiShing~elre§ef4Ves~j ,,;). .1.~.iJl j H! I.{J tv (i) , in ,consultation with the Seychelles Maritime 'x i')'SM"eij AldmiD1StntiiMi;~res \'& ensure the ;:; Iisaretyanas«tmtybffi~n at sea; 620 ~'1pplement to'Official Gaz~tte (27th.october 20141' (j) ,in;consultation with ,the seychelles Maritime Safety Administration, ··.measures, '..for<Jthe safety and security offishingvessels; {k) the tennsand conditions governing the pladingor settirigdffishaggregating devices an'dregulating fisbingintneirvicinity; for the operation of, conditions and procedures, to be observed by any foreign fishing vesselentefing· and -leaving the Seychelles waters and .while in Seychelles waters; (1) the management of . fishery resources and fishing activities in relation to sports and recreational fishing and competition sport fishing; the placing .of observers on board a fishing vessel licensed under this Act to fish or carry out: .fishing ...related activities in Seychelles waters or beyond, as the case may be, and the rules relating to observers; (0) such other measures to combat illegal, unreported and unregulated fishing activities; (m) (n) (P) aquaculmre; (q) delimiting areas. .of Seychelles waters in which fishing shall be reserved to vessels of Seychelles; citiz;ens and Iecal. fishermen, inclu.ding su;rveyandregistration of fia,h.e.nl:tanJorpe:p:Ilitting .or restricting any activity in any specified fisheries; ..(r). lcoropen$ationpayable to Seychelles citizens . '.. 0f.tPitne .Govemment.inthe event of any loss ~ [27th October 2014] Supplel//('flt to Official Gazette 621 (s) or damage caused by a foreign fishing vessel to other vessels or their gear or catch, or to cables orto other Seychelles interests; such other information to he contained in the Record of Fishing Vessels under section 8(2); the import and export of live fish and fish products; (t) (u) with respect to fishing hy Seychelles flagged tuna fishing vessels, joint venture fishing vessels or Seychelles lishing vessels beyond the Iimits of'Seychcllcs waters; (v) the conditions for landillg and transhipment of any fish; (w) themarking of'fishiug vessels and gear; (x) the catching of'ccrtuiu C lasses offish; (y) the conservation and management measure adopted by a Regional Fisheries Management Organisation or any other regional fisheries body or arrangement to which Seychelles is a party; (z) amending any schedules; (aa) fees or charges payable in respect of matters arising under or provided for or authorised by' this Act; (bb) fines or penalties; (cc) any other matter relating to fisheries which is required or authorised to be prescribed under this Act. ,-,~".-~.-- .,'~"" .- .. I 622 Supplement to Official Gazette [27th October 2014] Repeal Savings and Transitional provisions (3) Any regulations made under this section may provide that any person who contravenes any regulation commits an offence and is, on conviction, liable to a fine not exceeding SCR20, 000. 78. The Fisheries Act, 1986 is hereby repealed. 79.(1) All regulations made, directions issued and notification issued under the repealed Act shall continue in effect, in so far as they are not inconsistent with this Act, until they are repealed or amended under thisAct. (2) All acts done, decisions taken, licences, permits or authorisations granted by the, Minister, Chief Executive Officer, officers or employees of the Authority under the Fisheries Act 1986, which were validly done, taken or granted under any written laws or under and pursuant to the repealed Act shall continue to have effect in accordance with the terms or until amended, annulled or withdrawn in accordasee with the relevant written laws. (3) Notwithstanding subsection (1), the Minismrmay make necessary regulations for the transition from the repealed Act to thisAct. I certify that this is a correct copy of the Bill which was passed by the NationalAssembly on 7th October, 2014. CC1lPf<-t-: Ms. LuisaWaye-Htve Assistant Clerk