Fisheries (Amendment) Act, 2001 (Act No. 2 of 2001)

[26th March 2001] Supplement to Official Gazette FISHERIES (AMENDMENT) ACT, 2001 c (Act 2 of 2001) I assent :, .‘. *h I, : 9 ,;.. 22nd March, 2001 . AN:AcTjb:airi~ricf th~ii~h¢r:i~~ Act (Cap 82). j • • T • ~ • : > : , : ; :••: • ?" • : ~ - • < F. A. Rene President . ,l:NACT~J:> !:>y,tp~ P,te~identa.nd the National Assembly. · '1. · This·Act'rrta'.ybe ·c'ited as tHe Fisheries (Amendment) Act. Short title 2001. '., ' , 5 I Supplement to Official Gazette ., 2. The Fisheries Act is hereby amended as follows section 2 by inserting after the definition of , "related activities the following definition: "Seychelles vessel" means a vessel required to Cap 127A be registered under the Merchant Shipping Act and a local fishing vessel;“; (b) by inserting after section 17, the following sec tion . “Authorization of external fishing . .. . . l7A. (1) No Seychelles vessel shall be used for fishing outside Seychelles wa ters except under and in accordance. with an authorization under this-section. (2) SFA may, in writing, autho rize any Seychelles vessel, other than a vessel which Seychelles is bound by an international agreement not to authorize, to be used for fishing outside Seychelles waters subject to such may specify or as may and on payment of the (3) The conditions of an authori zation under this section may be varied at any time. (4) An authorization under this (a) [26th March 200 I] section may be suspended or cancel led where the vessel in respect of which the authorization was granted has been .i ;, .,: , 11, )' 1 ; .n, "Useo 1m~oruravenrmffOT m1s Rceor any . : k: ·::, ),:r / L:n, :( 1 r: /i -:,;W8Y\~!iOJJ)il)99¢ 9}yr~411~erprjp ~ch · . ··. , of any co.ndition~ of the authqr,ization { Jr;'.)ff/1 ;[1'.J!f,:l \ ,•~Tl'.)d~.-iaifJiwv:tltn~ thtH ~F~ aMehWihes that (i)i i . , L (ii) require to be produced, ex amine and make copies of any licence, logbook or document required under. this Act; require to be produced and examine any net or other fishing gear and any fish.“; : [26th Maren 200 l] '/• .1n ~~-; i~.:.~ t inc: t::'Y>-i:J:c: ·iitis gnable1to,~xerorse its responsibilities effectivel¥21h,respect of the vessel un )'.A: I l,:: :;A;: ! i m!? '.ci n i Lng, ,cHt1')' ; if' oHtHe purposes of enforcing th is Act. /(); . ;t/ .,;r;Ji!i )iil i,i ,;':.HU, ;;'Jff\arfithihorized officer may, without a ·- ·watrhnt '· ;··. ·· ' (i)si·:,H Seychelles waters, any fishing vessel, and (ii) on the high seas, any Seychelles vessel or any fishing vessel flying the flag of a state party to an agree mentto which Seychelles is a party and which provides for such stopping, boarding and searching; (b) in Seychelles and aboard any . vessel boarded under para graph (a) : -- therefore the following subsection: . . . “(3) Where an authorized officer has reasonable grounds to believe that an offence against this Act has been c o m- mitted in Seychelles or Seychelles wa ters, he may in Seychelles or Seychelles waters without a warrant. seize and detain any vessel (together with its gear. stores and cargo), fish, fishing gear or other article which he has reason to believe has been used in the commis sion of the offence or in respect of which the offence has been commit ted 4 (iv) by inserting after subsection (5). the follow ing subsections: “(6) Where an authorized officer has reasonable grounds to believe that an , offence against this Act or a violation of a fisheries management measure, under an international agreement to .·•Ji;:, i,-11,'n ,, r ·.n ,Ji: 'f(ii)::1 by,inseriing~ftersubsection(2) the following . c, ;: ; '.!· .:/ .. Jr t<} i ','j,~:JSUb~ctioit>-' " .x ! 1 .,. ~ ; ·' ' . .. ' ' .!.' ' : ., . .- .· ' . . .,' ; "(2A) The master of any Seychelles vesselordere.dtostop by,an authorized . . , officer 9f a Stat~ party to an interna :i;,·:~r .n~ ~;.,: t~i) .. ,-- j ~ ·: ( •r s~''.<.~.--1 ~Cqf, -: •~•dtt'."··.~f1 ·~ 1 .:t'. ,; ':. ! i · .... . · .. , ' ~. ·. ,. t ioij~l agre e1rient to which Seychelles •. tr·.:- ,-!· . ..: •- .: ·:·ri~ ••. '. , • .~,. :i; ... : ~ ,r• :" -~i-•;. ,.,., ~-~·., ,t r ·' ''. ,l , ••. ,.~ " ' . '· • . is a 'party.and which provides for such . 1 . , ,,-,·: y;,; ,'.;;;:'Ji;:<:,'.' 1•piv1stqppingartd boarding shall take all nec r 5, .,,n;;. u •n;tn ';'., ,,; n n ;; ;,yi;,.essl;!cy,measures to facilitate boarding ...... ioft!;w,vessel.": ~-- dx~w11 bm;~ii),cby.~Jjealirlgsubsection (3) and substituting 26th March 2001]. .. Supplement to Official Gazette , which Seychelles is a party has been Seychelles vessel and where authorized by an international agreement to which Seychelles is a party a foreign vessel (together with its gear, stores and cargo) fish, fishing gear or other article which he has reason to-believe has been used in the commission of the offence or vio lation or in respect of which the offence orviolation has been committed.. (7) Any vessel or other articles seized under subsection (6) shall be dealt with in accordance with applicable interna- . tional law and where international law . does not make provision in accordance with subsection (4) and (5) and-section “(12) Where any Seychelles vessel that is not authorized under section 17A is used for fish ing outside Seychelles waters, the operator or master shall each be guilty of an offence and liable on conviction to a fine of R500,000. (13) Where any Seychelles vessel authorized under section 17A is used in contravention of any prescribed-standard requirements applicable to the vesse!, the operator or master shall each be guilty of an offence and liable on conviction to a fine of R500,000. comn1itte'<{tjhtHe high'seas, he may without~ watilint'seize and detain any 23.": (d) ··-in section 24, by inserting after subsection (11 ), the , > , 1 '.fdlld-Wit\g s~tions: ' • •.,. ~ ; • • , •,. r - C · \ (e) in section25 (1 ), by inserting after the words “sec tion 24 (1 )" the words “or (12)“; (f) in section 27(1), by inserting after paragraph (h) . the following paragraphs; "(h1) regulating fishing by Seychelles vessels . beyond the limits of Seychelles waters; (h2) regulating the exercise of powers under ? this Act outside Seychelles waters; (h3) regulating landing and transhipment of any fish;" I certify that this is a correct copy of the Bill which by the National Assembly on 6th March;200 I. was passed 10 Supplement·1o·q[fici.{lJ (J tlzette • (26th March 200 I] ~Mrs: SheifaB~nks ', Clet~tdtheNational Assembly