Fisheries Act, 2010 (No. 7 of 2010)

THE FJS IIF.RIE~ ACT 2010 i\HRAC--GF.ME T OF SECT101"S T ITLE PAR1 PRELl'\11 "IIAHY PROVIS IONS I . Shon title and commencement. 2. Appliemion. 3. Interpretation. PART II A0\-11 '\ I TR \ TIO'\ 4 , Establishment ofDepanmem. 5 , Functions of tin: Dcpanment. 6. Appointment und dutic~ of the Director PAR r Ill DE\ FLOP\1 f1'.T AND CO'\"TROL OF TII F. FISHING lNDl STR\ 7. Mini,ter m.:t) regulate fishing inJu,,tr). 8. Management and De~clopment pli'ms. 9. !\'lanagement measun-:, 10. Ministt.-r ma) declare controlled area. 11 . Protection of fr,hing indu,.trie,. 12. Establishment of fish landing ,.itc,.. 13. Written com,cnt to foreii:ner. PART J V l , IC E:-.S l1'G OF FIS Hl1'G OPFRATIONS 14 I icensong of fhhing vcs~cls. 15. Gcncrnl conditions for licencing 16 01her iccnce,, in general. 17. Beach ,cine, \\e1r,, and \peal" guns. and clccuical nnd diving de,·icc!>. 18. ,\ulhori7mion for conduc ting scicn1i fi c rc:,cnrch. PARTV CONSERVATI01" MEASURES 19. M arine Conservation Unit. 20. l'roh1b1ted m e thod of fishing. '.?I. Use ofprohibiteJ genr. '.?2. Catching immature. '.?3. Po\\cr!> ofauthoriLed offi1,;crs. 24. fi!-h '-Ci✓ed ma) be sold. 25. Person arrested to be :,Cnt before court. 26. Relea<.e of vessel ctc. on bond 27. rorieiture :ind dc~o.ruction ofpruhibited g1:.1rs. P ,\RT"\.I OFFEJ',CES A.-.;o Pt.,AL I 1£S 28. Penalty for fi!>liing by e'<plosive and no,ious sub:,Umces. 29 Penalt) for offences rclut<:d to lic.:nces. 30. Penal!) for other o flences. 3 I. Pcnalt) for obstructing authori✓eJ omcer. 32. Payment of fine b)' foreigners. 33. E xemptions. 34. Re&'\J I at ions. 35. Compounding of offcnc.:,. 36. Repeal and Sa..,ing. ii ACT NO. 7OF2010 I ASSENT {A.,~ EI PRESIDEN rOFZA'IIZIBAR AND CIIArRMAN OFTIIE RRVOLUTlONARY COU1'CI I, 'U,~1-., ...................... 1.,2010 A:\ A(T TO Rf PEAL TIIE FJSHERJESACT, 1988A.'\OTO ENACT BETTER PROVISIONS RELATED TO TJI E MAI\AGE:VIENT AND OEVELOP\1ENT OF FISHERIES "THE l"TFRNALA '\0 TERRITORIAL \\ATERS OFZAN:ll llARANI) MATTt;RS CONNECTED THEREWITH ANO INCIDENTAL THERETO E1'ACTED by the House of Representatives of7..anzibar. PART I PRELIMl1'ARY PROVISIONS Short title nm.I I. I his Act may be cited as the Fisheries Act. 20 I O nnd shall come into operation commenc.:m~nt immediate!) upon being assented to b} the President. Application. Interpretation 2. Ibis Act shall apply to /..anzibar. 3. In this Act, unless the conte,1 othcn,ise requires ·•aquaculture" means cultivation or practice of rearing or raising of fish or aquatic flora in the fresh \\ateremironment; ~aquatic flora .. means all aquatic rlantS and other forms of aquatic plruns ki~>dom; aulh<>rized omcer·· means lhe Director or any fish..-ri..:s officer or a member of ti."1lenn..-n commjucc or an)' other ~n authorized in ,,riling b) the Di l'\.-Clor to exercise nn) po,,cr or to dcsch~ an) dul) under thb Act or any subsidiary legislation mack tk.-reundcr; .. beach <:eine .. means a thhing nee or encircling lhhing gear comrxlsed of u piece <>r piece, of m!ls mounccd between two ropes. and sometimes may be attached \\ith plant l~,·,:-;. tree branches. rags.. bags. or palm lea~e.. ,,hose method of operation in,·ol\es pulling of such net or gear towards the b-:n<:h. ,-anJhank. shallow ,,~1crs area or onboard fishing vessel through pullin8 ropes; closed period .. means an) period during whjch. in relation 10 any species or kind of fish. fish product or aquatic flora. ,;uch fhh fish product or aquatic nor.i. a,; tit<! ca.,<;c ma) be. ma) nol be captured. killeJ. injured, gathered or collected by any means "hatsoe,cr . .. controlleJ an:u .. means any portion or area of internal or territorial waters declared under thi:; 'I.et to be a park. rescn e. sanccuary. protc.:tcd orcon,,en at ion area or oth-..-n,;sc rcstri.:ted for any J>l•rrose "hatsoever: ··Department .. n1<.-an..., lhc O.:pru,mcnt of Fisl"--ri.es; .. Director" mean,., the D1rec1or of Fisheries "ho is aprointed u 11der sec tion 6( 1) of this Act; .. ru,,ng device .. means an apparntus. in~trumcnt. aniclc or an)thing designed to ~upport a person under "atcr in Caf'T) ing out lishing. and includc mus!... flipper and gas 1.1nk; ··cxploshe:,," mean:; a d)namitc or bomb or blas,ing agent , detonal<>r,, or all) explosi,e matcnals that damage and destm) em ironment or -.ea sp,.-cics: "Exclush e Economic Zone" mc:ins the \\tiler ,.,ithin tit<! area extending acro,-s the :.ea to a Ji,..tance of 1wo hundred nautical milo:s mc,L,urcd from the btasel ine of the territorial waters: 2 .. Fi<;h Lending Site .. means an orco 01 the beach of a, illJgc ,,tu:re local fishers usuall) land theircmchesand also parl,: lhcir fo,hing vc~ls upon rentm from their fishing activities as ·well as u,,c the urea to make repair of their fi,;hing vessels and Cart') out scientific resenn:h includ,ng data collection and any other activity .ippro, cd by fi shenncn ·s comn 1itt~: .. fish product·• means anything made. collcctcd or obtained from fo,h and includes fr,h me:il. dried fish. fish mrumrc. offal. fhh :,.ilage. can~d fish. (>ii of any fish, pearl. mother-ol~pcarl. shell. bc<:hc Jcmer. ambergris. l.irva and sponge: .. fish .. means all forms of aquatic or amphibious lite (including tunJe, cmb and shell fish) and include the spat. brood, Ii). spa,..,TI. ova and you11g of all such fish. and does include any aquatic or amphibious animal or the young or any such anjmal: .. fisheries .. means aJI m.irinc and fresh water fishing and cult,,ation and related nccivitics; .. fishlng gear .. means any net. linc. cork. buoy. basket. trap, hook or other article. apparatus. structure. construction or instnl lation wh:nsoevcr used for the purpose of fishing: ·•fishing, esscl .. means an) boat or other aquatic or amphibious craft or vehicle used, outfiued or de-.igned for the purpose of lishing. processing or transporting fish or fish product: .. fishing "eir .. n,cans any erection, ,cructure, construction or obstruction ,,hatl>OC,er placed across or in any waters and temporaril) dcsigned for Lhc purpose of collection. gathering. capturing. killing or injuring of fi,,J,. fish product or 11qua1ic flora, and i ncludcs .-talcc nets nnd basket traps: .. fishing"' means collection. capture. gathering. killini;. snaring. injunng or trapping of fish or fish product; ·•foreigner .. mean!. a person "ho is not a citi ✓cn of the l nitcd Republic of Tanzania. or in ea....: of a b..><ly corporate. to a bod) corporate ,~hich is not incorponucd by or under the Laws of /anzibar; .. immature·• in relation to an} specie,. of fish mean,, a thh of that ,JX"Cies which is smaller in size or length Lhan the siLe or lcnglh pn:-.cribed in relation thereto; 3 "inu11suial foJtini;i:·· means a fi <;hir,eANi~1tJ"5 in thc internal watcrs.. t..,,ritorinl wu1crsand E:. ,clusi,-e bconomic Zone" hich includes procc,-,ing or -.cmi procc--,ing of the marine resources: .. int<.-mal WalCT"S .. means thewatCT"Sonthc landward side from theba:.elin.:oftho: t<!rlitorial water and the wmerofcquidislant bct-..,cen Tarv.aniaZruvibarand .'\tainland'fo.nzima: .. lam.ling .. means the landing of fish. lhh product or aquatic flora in Zatuibar. "hcther or not such frsn. fish product or aquatic flora "as collected. captureJ. gathered or otherwi'Se obuu.ncd wilhin or outside the internal or tcmtori.i I water;. or Exclusi~c Economic Zone ofZruvibar. 1ie,!nce" menns lic.encc issued under :!><.-Ctions 14 or 16 of this Act: ma1 i-culn.m: .. means cultivation or practice of rearing or raising of fish or aqumic nora in the marine environment: .. me,-h ,-i7e .. in r.:lation to the m<.-sh made up ofthrcnds means the <li"ance bet" o:!Cn eoch drag knot ofth<l thrc<Jd "hen mc .. surcd "'" and stretched. or. m the case ol the mesh made up of "ire or pruned sticl.. means the diameter of the ~mallest me,-h: "mesh .. means the opening or space in u n.: t or trap encirclc:d by threads. wire or pruned sticl..: "\.tm,ster'· means the Minister responsible for lhherie,; .. .'.finistry" means the .'\1inistry responsible for fisherie,;: .. net .. means li~hing net made of thread vr wire tlr an) lHher material \\h.itsoever. des igned to be used for the purpose of collecting. capturing. gathering. killing or injuring lish. fish rroduct or aquatic tlor.i . .. CA,ncr .. as applied to registered lishing vessel or gear. means the registered O\ er or holder of a fishing licence: ··person .. m=n• ind,v,dual u, a;ruup of people. or an ln'>t1tution regardless the name of such institu1ion: "poisun .. me.in~ an) s:i,nthetic or natural chemicals including indu,,trial product and an) pan of tree or plant which is fatal; Prc~idcnt .. means the President of Zan✓il>ar and Chairman of the Revolu1ionary Council~ Establishment of Oepanmcnt Fllll<:tionsof the Deranmenl. ''Principal Secretary" means thc Principal Secretary of the Ministry responsible for fisho..'rie;,, "processing fish~ means cleaning. filleting. icing. packing. canning. freezing. smoki~ salting. drying or othcmi,c preparing lhh or fish product~ for marketin1r "product of aquatic flora"' means an)1hmg made out of. or compo,cd wholl) or panly of any aquatic flora; "spear gun" means an) de,icc or instrument designed 10 propel an) missile under water for the purpose of fishing; "rerritorial waters" means the water "ithin the ,m.:a Cl\tcnding acros~ the sea 10 n distance of twelve nauticul miles measured from the mean low wmer line along the coast ofZan.dbar and the: aJjacen1 islands. "Unit" means the Marine Conservation Unit as in section 19 of this Ac1: PAHT II AD\IINISTRATION 4. I here shall b,: a Dcpanmcnt to be known as the lkpanment of Fisheries. 5. The function, of the txpanmcnt shall be (a) to promote. develop. control nnd monitor for the purpose of pro~r m3ru1gement of all fohc:rics anJ related acthities in aniS3MI and semi industries; (b) 10 build capacit) forelli.-.:ti\·e rn.anagementoffishing and related acti,itic,: (c) to educate und promote public awareness on the fohing activities: (d) to cncourai:e ,u,tainable use of marine resources. qunhty control. ,aluc addition and marketing; (e) to adminbtcr fisheries activities and all marine products from related industries; (t) to COTT) out sciemitic research or other acti, ities for proper management of fi~heries related indusll)~ s Appointment and duties of the Director. Minister may regulate fi~hing industl) . Management and Develop ment plans . 6. (I) There shall be a Director who ~ll b<" R profos-ic.>nal omccr in lis.heri"• and appointed b> the President . (2) The Director,h:111 be the F.,ecutheOllicerofthe l)epamncnt. PART HI DE\TLOP\lf'.NT A:0-0 CO"iTROl. OF T HE • 1~ttL,G l'iOl'STR\' 7. lne .\,linister shall by notice published in the 0112'.etle imro,;c conditit>n, that arc rtCCCSSal) for: (a) fi,hing: (b) collecting, gathering or manufacturing fish products or pnxlucb o f aquatic llora. (c) scllingoffi~. fo,h proJu..:t,,. aquatic flora or products of aqu:11ic flora; and {d) importing or exporting of fish. lish products. aquatic tlora or pro<.luct.s ol aquatic llor:1 8 .1 I) ~ Director shall prep.ire and make n.:vie" plan~ for the management :.nd development orfisherics in /..mzibar. (2) Ea..:h pl:l.n shall. on the ba.,b oflh<e best information avail3ble. asses,, the state of exploitation oh .. -ach resource. its potcnti31 average. annual> iclJ and rnca~ures necessary lo achieve its optimum utili.<ation .• 1nd determine the amount of lish .. if an). 10 be taken b:> fordgn fishing ,cs<Sels. Management 9.( I) The Director ma) impo-.e by order or as a condition of a licence an) <'f the measure~ following mro.•urcs for the proper mana14em.!nt of fi,h and fi.J1ing indu.,tr) : ( a) do»e seasons for de,;, gmlled = ~ ,pccic:, of fi,,h or met ho,.h of Ii sh, ng: (b) prohibitc fishing arc~ for all or dc,ignatc ,r,,cies offish or methods of fohing; (cl limit themclhods::mJ ~..,,.,.. incl~ ~~.., ofoebor trnp-,. tJl3I may be u.,;cd for fi-;hing; (dl limit theamotDll, siz.,.agc and othcreh:irocteristi ... -s nndsp..--cie,orcomp."ilion of species. offish that n,a) be cau11ht. lan<kd or traded: (e) ~tablish marine r,arl.s. ,mctuarics for any purpose \\hatsec,·cr; 6 \linister m.l) declare controlled area Protection of fishing industri,-,,. Establishment of fish landing sites Wrinen consent to foreigner. Licensing of li,hing ,essels. (I) Prc,ent the obstroction and pollution of internal and territorial \\Stersor 7.unabar. (2) An) order prohibiting the use of an) gear in an) area ma) prohibit the possession of such gcur in such area. I 0.( I) The \linister may. by order published in the Ga7.cne, declare any area m the internal wnters, territorial waters or Exclusive Economic Zone to be u controlled are:, in relation to all fish. fish products or aquatic flora, or in relation to uny species or linds of fish. fish products or aquatic flora (2) Where a controlled area is declared under subsection (I) of thb ~cction. an) person shall comply "i1h the provisions of that ord,-r. 11 .( I) The Minister shall, in co-operat ion with the other agencies of the Govcmm<!flt. regulate locall and inJu.,trial fishing and rclatedacti,ities in Zruvibar. (2) The Minister shall ensure that the dcvclopmem of other fishing industric.~ does not damage local fishing .. throui:h such means~ referred to in <ection I 0( I). 12. There is hereby established fish landing sites commonly koo,"1 us diko in coa.~tal vi llage along or ncan o the beach of Zanzibar "hicb shall be identified b) the Dep3nment m collaboration with relc,ant Go,emmcnt Institutions and 0\\11ed b) the M,nislr). 13. A forei11ner shall not, sa,e "ith the consent m \\Titin11 of the ,1ini,1er. do an) fisheries activity in Zan7ibar. PARI IV LIC'E1'1Sll\G OF flSlll~G OPCRATIOJ\'S 14. (I) An} fishing \ e,sd operating in the internal water,,, territorial waters and E.xclusi,c Economic 7.onc of 7..an,ibar "hate, er their size or method of propulsion. shull be lice11>cd. (2) Tu Minister ma) establish categories ofliecncesand s.:t difforent scales of fees poyable thereof on the hasisof the type, si,c and propulsion of vessels. species offish and other relc,am factors. (3) An application for a lic.'llce in respect oflishing shall be made in the prescribed fom1 to the licensing ollicer designated b) the Director or. if no such officer has b<:en de,ignated that opplic:ition shall be made to the Director. 7 G~ncml conditions lor ban:ing. (4) l Jpon appliai11on made under substtt1011 (3Joflhis sccuon and pa)fflelll of the prescribed foe, the liceru,ingoffiecrsh311 is:;uca licence in respc,;1ofa fishing ,e,-.el ifhc is satisfied that: (a) lhe issucoflhelicenc.!isconsistenl \\ithan) applk.lble fisheries tron:l£ClllC!ll plan on ICl!,ll fishing ge81'!1 or acth i1ics, (b) lheapplicnnl shall comply with the cor1<litionsof1hc licence. and (C) lhe 6shing ,es.5et to "hich lhe licence is applied forwll be regislc-ral accon:I~ to the applicable Muritimc Transport Act of 7.an7ioor. (S) A licence issued under 1h1s scchon sh311. unle,s rc,oked or su,pcnded earlier. be , 31id for such a perioJ not exceeding on.:) ear a,, ma) be stal<'<l therein or prescribed by regula1ions. 15.( I) Applie(ltion for licence shall be made in such forms a, may be prescribed by regulations. (2) A licence issued under this Acl shall be subject 10 :,uch tcmns and conditions. as mn) from time 10 lime prescribeu by rcgula1ions or order made b) the .\linislcr. (3) It shall be a general condition of c,cry licence issued under this Act or regulation:, made 1hereundcr that the licence shall comply with such rcquircrncnts as the Direc1or may es1ablish concerning the ma~ing of sta1is1ic31 returns and 1he collection of informalion. ( 4) The Dircc1or may revoke or suspend n I icence for foi I ure to comply wi1h 1he provisions of this Act or regul31ions made thereunder. or any condition of the licence. or \\here such action is nc,cs'31'y for the proper mana~<!ment of li,herics Provided thai any person who is uggricvcd by the d~-.:ision of1hc Director rna) appeal to lhc Minister \\hose decision shall be tinal. (5) A licence i~med under this Acl shall not be 1ran,fcrable. (6) livery vessel in respect of which a licence is issued under this 1\c1 shall be marked in 1he prescribed manner (7) Th<! Director sh:111 cause o register of all licences i:,sucd under thisAct. (8) :SOt\\i~andingan} licensing pro, i~i<1n under this Act. a licence sh.~11 not be iS>UC<I or l!fllOted 10 a pcNln of an age less than ci!!h•een) ear.,, 8 Other licences in general. Beach seine, \\eirs and spear guns.and electrical and diving de, ices. Au1hori:za1ion for conducting scicn1ific research. Marine Coll>Cr\alion Urut. 16. The Minis1cr ma). on the proposal of the DireclOr, make regulation:, requiring a licence, in addition 10 any licence required b) section 14 of 1his Act. for fishing \\ith :tn) gear or method" ith or without the use of ,c,;sel.or for pro«"5ing lishorother mnnne orpusm. 17.( I) A person shall not use or anempl 10 use beach seine. fi,hing """ or spear gun or an) clectricnl ordi, ing device for fohing or using such device in cnrrying ou1 any fishing. (2) Where any beach seine, fishing weir or spear gwt or Wl) gaseous or electrical de, ice found on board an) fishing vessel or found in po,-.ession or control of an) person m 1he vicinity of in1emal water,, terri1ori,1I wa1crs or Exclusi,c Fconomic Zone of Zanzibar shall be presumed, unless lhe comrru, is proved, to be used forth.! purpose referred 10 in sul:>section (I) of this secuon. (3) A person '<hall not import. sell. offer for sell. possess. conlrol or make any beach seine. fishing weir or spear gun. 18. (I). For the purpose of conduc1ing scientific research or other acti, i1ie:, rela1ed thereto, any person or vcs~el shall apply 10 the Minister for 1he permit. (2) Ilic ~finistcrmay. for the inl=t of ~ientifk research. 1ssuecmifica1c to exempt any person or otg.1ni, ation from any of the provisions ofthisAc1 or any regulations made hereunder subject 1osuch 1ennsandcondi1ionsand for such period as ma) t,e,pecificd m !hat cenitica1e. (3) ,\ person \\ ho contra, ene, the subsection (I) of this section shal I commit ru1 offence. PART Y C'ONSt RVATIO'i t\'lE,\SCR£S 19.( I) I here shall be n Mruinc Conservation Unit under 1he Department re~l)Onsible for fisbencs. (2) The Unit shall be responsible for the coordina1ion 10"1U'ds ,u~lainal:>le management of controlk·d nreas esrablishcd under this Act. (3) The ~1inistcr may, b) order published in the G32'ette. male regulalion:. for the Unit. 9 Prohibited method of fishing. Use of prohibited gear. 20.( I) A person shall not (a) use or attempt 10 use any explosive, poison or other noxious substance for the purpose of killing, stunning or disabling fish so os to render such fish moreeasilycaught;or (b) carry or have in his possession or control any explosnc, poison or other noxious substance in circumstances indicating an intention of usini; suchexploshe, poisonorothernoxioussub,;tancc for an) of the purpo,..-. referred to in subsection (a) of this ~-ction. (2) An) explosive, poison or other noxious substance found on board an> fishing vc,,<!I shall be presumed. unless the conuury is pro,~-d. to be uscJ for the purposes referred to in subsection (I) of this section. (3) Where any explosive. poison or other noxious substance which con be used for the purposes refcm:d 10 in subsection ( I) of this section is found in the possession or control of any person ,n the Hcini1y of the internal "aters. territorial \\ater,; or fxclusive economic lone of Zan,ibar. shortly nficr any such explosi,e. poison or other noxious substance is proved to h~vc been used in such waters, 1hat person shall be presunn.-J. until the contrary is prwed 10 have used such explosive, poison or Jther noxious substance for such purposes. ( 4) A person shall not land. :;ell. buy. rccci ,e or possess any fish kno"ing or having reasonable cause to believe tha~ the fish ha, e been w~en in contra\i.'n'.ioo of ~1<: pro,i,ions of this -.cclion. 21.(1) A person shall not use for fishing. possess or huvc on board 011) fishing vessel in the internal \\aters. territorial water,; or Exclusiv~ Economic I.one of Zanzibar. any (a) fishing net or trap, the mesh size of" hicb is less lhan the prescribed minimum size for lhlt type of net or Imp in that area; or (b) other fishing net or fishing gear that has been prescribed 11s prohibited in that area (2) Subject to sub><.-ction (I) of th:s section, \\here an> lhhing net. trap or other fishing gc:,r i$ being trun,portcd through an area where the use of that hshmg nel. trap or other fishing 1,1cor is prohibited such fishing net. trap or other fishing gear shall, at all times while it is in the prohibited area. be kept sto\\ed in the prescribed manner 10 Catching immature. Powers of authorized ofliet.'IS. 22.(1) A person shall not catch, retain. land, sell. buy, receive or have in his possession any fish ofless than minimum size prescribed for !hat species offish. (2) Any fish of a size less than the minimum size prescribed for that species offish caught accidentally shall be returned to the water forthwith and with the least injury possible. 23.( I) For the purpose of enforcing this Act, any authorized officer may, without a warrant:• (a) stop and board any vessel in the internal waters, tenitorial waters or Exclusive Economic Zone of Zanzibar. and he may inspect such vessel, its cargo. supplies, fishing gear and equipment; (b) stop and inspect any vehicle or vessel transporting fish. fish product, aquatic Oora or product of aquatic flora; (c) require to be produced; examine and take copies of any licence. log or other documents required under this Act or regulations made thereunder; (cl) require to be produced; and examine any fish, fish product, aquatic Ooraorproductofaquatic Oora, net or other fishing gear; (e) take sample of any fish. fish product, aquatic llora or product of aquatic llora. (2) Any autho1ized officer," here he has reasonable grounds to believe that an offence has been commiued against this Act or regulations made thereunder, may, without a warrant: (a) enter any premises which are not being used exclusively as a dwelling place, in which he has reason to believe that any fish. fish product, aquatic Oora or product of aquatic llora. fishing gear or other article used in the commission of the offence or in respect of which the offence has been committed is kept; (b) arrest any person who has commined the offence; (c) seiLe any fish. fish product, aquatic Oora or product of aquatic Oora, fishing gear, vessel, vehicle or other anicle used in the commission of the offence or in respect of which the offence has been committed. (J) A receipt ,hall be i;ivcn for illl) arLiclc or thing seized under the preceeling subsection (2) of this section and the grounds for such seizure shall be stated in such receipt. 11 Fish seized may be sold. Person arrested to be sent before court. Release of vessel, etc, on bond. Forfeiture and destruction of prohibited gears. Penalty for fishing by explosive and noxious substances. (4)Any authorised officer shall, in his personal capacity, not be liable in civil or criminal proceedings in respect 10 any act or omission done in good faith in the perfomiancc of his functions under LllisAct. 24. Any fish or other article of perishable nnnire, seized under the provisions of section 23 of this Ace may, on the directive of the Director~ be :sold in public auction and the proceeds of sale shall be delivered into the custody of consolidated fund. 25.( I) A person arrested under this Act shall be sent before a court as soon as reasonably practicable. (2) A person arrested, subject 10 his written consent, shall be dealt with the provision of section 35 of this Act. 26. A fishing vessel. fish, fish product, aquatic flora or product of aquatic flora or fishing gear seized under section 23 of this Act shall , upon application 10 the court and subject to the posting of a satisfactory bond or other security for the reasonable value thereof, be released to the court to be emitlcd thereto. 27. On convicting any person of an ofTcoce under this Act, the court, in addition to any penalty otherwise imposed: (a) may order any instrument used mconnection with the offence, including any fishing vessel so used, together with its fishing gear, equipmem. stores and cargo. as "ell as any article in respect of which any offence has been commilted 10 be forfeited. (b) shall order all fish found on board any vessel used in connection with the offence to be forfeited, except that any fish lhat are proved not to have been caught in the commission of an offence shall not be forfeited. ( c) shall order any gear used in connection with the offence under subsection (I) of section 21 of this Act to be destroyed. PART VI OFFENCES AND PENALTIES 28. Any person \\,ho contravenes any of 1he provisions of section 20 of this AcL commits an offence and upon conviction shall be liable to a fmc of not less than one hundred thousand shillings and not more than ten million shillings or imprisonment for a term of not Jess than three months and not more than five years or both such fine and imprisonmeut. 12 Penal!) for offences related to licences. Penal!) for other offences Pcnalt) for obstructing oulhoriLed officer. 29. An) p,:N>n "ho contra,ene, any pro,ision of <ections 14 or 16 or any of the pro, isioosof an) order made wxlcrscction I0ofthisAct commits an ofTs"llceand uron conviction shall be liable 10 a line ofnot less lhan one hundred lhousand shillings and not more than five million shillings or imprisonment for a tc1m ofnot less th:in thrs'C months and no1 more than two years or both such fine and imprisonment. 30.(1) An) p,:r..on "ho conu-J,enes any pro, i,ion of subsection( I) of section 21 of this Act, commits an offence ond upon con1iction shall be liable to a line of not less than I\\O hundred thousand shillings and not more than one million shillings or imprisonment for a term of not less than six months and not more than lhree years or both such fine ond imprisonmenl. (2) Any pcl",()n ,,ho contraven.:s any pro, is ions of section 17( I) of this Act commits an offence and upon conviction shall be liable to a fine of not less than one hundred thous:ind shillings and not more than fi,c million shillings or imprisonment for a term of not less than three momhs and not more than three year, or both such line and imprisonment. (3) Any per,<>n "ho contr-J1 encs any provision, of this Act commits ru, offence and upon conviction, other th:in those l\ilh specified penalties, shall be liable 10 a fine of not Jes, than one hundred thousand shillings and not more 1hnn one mi llion shillings or imprisonment for a term of not less than three months and not more chan mo years or boch such fine anJ imprisonment (4)An Ol crofthe fishing ,e,~I or fishing ge:iror an) anicle or thing used in the commission ofnn offence underthisActcommits an offence and upon con,,iction shall be liable to u fine of 1101 less 1han one mil lion shillings and noc more than 11\enty million shillings. 31. Any per<on who: (a) wilfully obstructs on authorized officer in the exercise of any po"cr conferred on him by chis Ac1; or (b) fails 10 produce or request b) an authori,.ed officer: (i) an) licence, log-book. cenificate or other document required to be main1ained b) or under this Act: or (ii) any fishing net or fishing gear: or foils 10 comp!) 11 ith any enquiry or rcquirtmenl made b) an) authori,ed officer in occordance "ith the provisioru, of this Act. Panigroph commits an oflencc and uron 13 Paymen1 of fine by foreigners. Exemptions. Regulations. conviction shall be liable to a fine ofnot less than five hundred thous::mcl shillings and not more than five miUioo shillings or imprisonment for a term of not less than one year and not more than six years or both such fine and imprisomnenl 32. Where a fine is imposed to a foreigner convicted for offences under this Act such fine may be paid in United State dollars or Euro. PART V II .\IISCELLAJ'fEOUS PROVlSIO:'\S 33. The ~1inister may. for the purpose of public interest. exempt any person or organiation from an} of the provisions of this Act or of any regulation made hereunder. 34.( 1) lbe Minister may make regulations forthc better carrying out of the purposes of this Act: and without prejudice 10 the generality of the foregoing make regulations: (a) prescribing the concents and presentation of any fisheries management plan; (b) describing lhe conditions to be fulfilled by foreign participation in fisheries: (c) establishing 1he conditions to be observed by foreign fishing vessels which are within lhe internal or territorial ,vmers or Exclusive Economic Zone of Zanzibar; (d) prescribing conditions to any person who engage in any form of fishing.or of handling storage; transporting. processing. manufacturing or selling of fish. aquatic flora, fish products or products of aquatic flora; (e) describing procedures and requirements forlhc! villages and diSlrici,; in order to establish by-lav.s underthisAct: (f) limiting the number and type of vessels and other means emplo) ed in Bn) fishery; (g) providing for the form of application, fees. issue. suspension and cancellation prescribing and conditions ofliccoces or authorities granted or given under this Act or any subsidiary legislation made hereunder; (h) requiring all or any category of fishing vessels to be registered; 14 (i) prohibiting and regulating the use of of fishing gear; (j) prohibi L restrict or regulate the bringing into Zan.z.ibar of an} I he fish. other than fish indigenous to 2anzi bar; (k) prohibiting or regulating the sale ofan) fish. aquatic flora or any lhh producl or pl"Oduct of aquatic flora: (I) prohibiting or restricting the use of explosi ,·es. poisonous or toxic substances for the purpose of fishing: (m) prohibiting or restricting the capturing. collection. gathering. killing or injuring of immature fish and pr°';de for protection of spawning areas; (n) prohibiting or restrict the collection. remo,al or destruction of any variety of fish, aquatic flora. fish product or product of aquatic flora; (o) prevent the obstruction and pollution of environment in the internal and lerritorial ,,aters and Exclusive Economic Zone of Zanzibar: (p) controlling lhe import and export of fish. aquatic flora. fish products or products or aquatic flora; (q) detennining and imposing close periods; (r) prohibiting, regulating or controlling the acth,ities of foreign fishing vessels within internal waters territorial waters and Exclusive Economic Zone of Zanzibar, (s) controlling and regulating construction. installation. selling. size and specifications of fishing gears; (t) regulating the handling, storage and processing of fish. including to prescribe the methods therefore. to prescribe standards for fish products. and to provide for inspection of fish trading and processing establishment and fish products: (u) regulating the landing of fish and 10 prescribe and provide for the management and control of fishing pons and fish landing areas: (v) organi.dngand regulating fishennen·sco-operacives society. marketing and distributing offish in general; 15 Compounding of offences. Repeal and Saving. (w) providing for the rcgistratim and marks to be used to distinguish ~ieownership offishinggear; to exempt any typeoffishing , vessel or fiom thepro,ision of this Act; (x) promoting and regulating the cullivation offish and aquatic nora for any purpose \\hatsoever. and (y) imposing on any person who engaged in fishing, marketing. pro::cssing including any fish dealer. the obligation to supply such infonnation as may be necessary to improve theoollection or~1atistics relating to the fishing i'ldust,y. (2) Regulations made under this section. shall be published in the Official Gazette. (3) The Minister may give the Director lawfol direction ofa general or specific character; and the Director shall give effect 10 every such direction. 35. The Director may. if a person has committed an offence under this Act and if that person admits the commission of the olTence and agrees in writing to its being dealt with under this section: (a) compound the offence by accepting reasonable pa) ment of a sum of money to compensate the damage caused: (b) order the release of any vessel or other thing seized in connection "ith the offence on payment of a sum of money not exceeding the existing market value of such vessel or other thing; and ( c) order to be destroyed any fishing gear or other thing seized in connection with the offence if the use of such fishing gear or other thing wi ll cause marine environmental destruction. 36.(1) The Fisheries Act. 1988 is hereby repealed. (2) Any act lawfully done under provisions of the repealed Act prior to this Act. shall be deemed to have been dor,c under the provisions of this Act. PASSED in Lhe House ofRepreseniati\'es of Zanzibar on 31st day of March, 20 10. ~ (IBRAH:M MZEE IBRAHIM} CLERK OF THE HOUSE OF REPRESENTATIVES ZANZIBAR. 16