Fisheries (Operation of Foreign Motor Fishing Vessels) Regulations, 1985 (P.N. No. 1 of 1986)

SIE!~RA LEC;f PUBLIC NOTICE No. l OF 1986 Published 30th lanuar v, 1986 THE FISHERIES ACT (Cap. 195) l'HB FISHERIES (OPERATION OF FOREIGN MOTOR F!SI-ITNG VESSELS) Short t\tll.,. REGULATIONS, 1985 . I.n exerci~ of tt .. ~ i:,uwers c:onferred on him by section 13 of the Fisherio. Act (Cap. 195), the President, acting in accordance with he: advice of the Cabin.et, hereiby makes the foilowing Regulations PART !-PRELIMINARY 1. These Regulations shall bt:: deemed to have come into operation Dakl (.>f on the 1st Jay of January, E"\S. ~e~fcnce~ 2. In these Regulations, unless a contrary intention appears, Int erprc "competent authority" means the Fisheries Divisior of the .Ministry tation. or any other body authorised by the Minister to perform any or all of the functions conferred or imposed by these Regulations; "foreign motor fishing vessel" means any motor fishing ve:;sel other than a local motor fishing vessel notwithstanding that that vessel may be registered under the Registration of Shipping Act, 1963 (Act No. 26 of 1963); "local ffi')tor fishing vessel" means any motor fishing vesscl (a) wholly owned by citizens of Sierra Leone; or (b) wholly owned by any company, association or body of persons, corporate or unincorporate, established under the laws of Sierra uone; (i) in which more th.an half the memben are citizent of Sierra Leone; or (ii) in the case of companies having share capital, in which at least fifty-one percentum of the shares arc held by citi.zcm1 of Sierra Leone; U2 Maxf~1wn n11mber of foreign motor fishing vessels to operate in the terri torial water3. Allocation of licence, to be on merit. Forei!Pl ITl<J!'or fishing ve,sels to call at pnn for examina t:on. Permit to discharge, exoon or lrJ~ship fish from f,-,rcign fis/1111.: vcs.ek. but does not include a vessel that satisfies the ownership require ments of paragraph (a) or (b) of this definition but which is in fact directly or indirectly owned or controlled in any V!ay whatsoever by a non-citizen of Sierra Leone; "Minister" means the Minister for the time beiDg charged with responsibility for matters relating to fisheries; ''Ministry" means the Ministry for the time being charged with responsibility for matters relating to fisheries. PART II-GENERAL PROVISI01'fS 3. Apart from vessels which fish by virtue of a bilateral agree ment concluded between the Government of Sierra Leone and the Government of a foreign country in which there is fixed the number and type of vessels of that count,y entitled to fish in the territorial waters of Sierra Leone, the Minister may, after taking into con~ sideration all available scientific information on the state of the stock, fix the type and maximum number of foreign motor fishing vessels that may be licensed to operate within the territorial waten of Sierra Leone for any year or particular periiJd of the year. 4. The Minister may, for any ycdr or particular period in the year, allocate fishing licences to citizens, companies or enter prises of Siena Leone operating or sponsoring foreign motor fishing vessels for the purpose of fishing within the territorial waters 0 f Sierra Leon, , Provided that in the case of renewal of fishing licences, the per formance in the previous year of the person, company or enter prise applying for renewal of licence shaH be taken into considera tion in deciding whether or not the licence should be renewed. 5. No foreign motor fishiRg vessel shall be licensed or have its licence renewed until it has called at the Port of Freetown and been examined by the competent authority as to type of vessel, gear, seaworthiness and compliance with international safety regulations and has passed such examination. 6. (I) No fish or shell fish or both shall bed isch<1rged, exported or transhipped from any foreign fishing vessel e,~cept under a permit issued by tbe Chief Fisheries Officer of the Ministry. (2) An application for such permit shall be in writing and shall state the quantity, type by species <1nd size of fi~h or shell fish or both, to be discharged, e,~ported or transhipped. 13 3 7. (1) Each licensed foreign motor fishing vessel shall carry Ea.ch veaael on board an Inspector of the Fisheries Division of the Ministry to h.aW! on during its operation/; in the territorial waters of Sierra Leone. 1 board a.n nspecto£ (2) The captain of that vessel, its owners and agents shall be ~~~ics jointly and severally responsible for the safety and welfare of the Division. Inspector during his stay on board the vessel. 8. ( I) Except as otherwise agreed under any bilateral agree- 25 pcrc~t mcnt referred to in regulation 3 of these Regulations, a foreign o~ fhh to be motor fishing vessel which is licensed to fish in'the territorial waters 1'~~ of Sierra Leone shall discharge for sale in Sierra Leone at least s~;;: r!,nc. twenty-five percentum of its total annual production of fin fish. (2) Where from an examination of the performance in the previous year of a fishing company which applies for a licence, the Minister has cause to believe that a motor fishing vessel which fished under a licence granted to that company the previous year did not comply with the provisions of sub-regulation (!) of this regulation, the Minister may require that company or the owner of the vessel to pay all royalty fees in United States dollars at the rate of United States $90 (ninety United States dollars) per ton per annum on the gross registered tonnage for every vessel for which the company or the owner has applied for a licence in the current year. 9. The royalty fee to be paid in respect of any foreign motor Specia.l fishing vessel used for fishing for shell fish in the territcrial waters ~oyalty f~ of Sierra Leone which has no shore-based facilities for processing f~ and export from Sierra Leone of the shell fish shall be at the rate ~15 of US$250 (two hundred and fifty United States dollars) per ton ta.kine abeJI per annum on the gross registered tonnage. fish. 10. No foreign motor fishing vessel which exceeds two hundred Certain gros~ registered tonnage shall fish for shell fish in the territorial foreign waters of Sierra Leone. · v~lt oot to tu.11 shell fm In tarl toria.l >nftn. G4 11. No fish, whether fin fish or shell fish, shall be exported from Sierra Leone except payment therefor is covered by an irrevocable letter of credit through a bank in Sierra Leone. Made this 10th day of May, I 98J Issued under my lwld ABASS C. BUNDU (DR.), Minister of Agriculture and Natural ReJource:1.