Regulations to Issue permit of Operating Tourist Pleasure Craft or Boats (L.N. No. 108/2006)

Article 11. Effective Date These Regulations shall come into force as of the date of their publication in the Gazette of Eritrean laws. Done at Asmara, this 11th day of January , 2006 Amina Nurhussien Minister of Tourism Legal Notice No.108 / 2006 Regulations to Issue permit of Operating Tourist Pleasure Craft or Boats

Article 1. Short Title These Regulations may be cited as “the Regulations to Issue permit of operating tourist Pleasure craft or Boats-Legal Notice No.108/ 2006.

Article 2. Definitions The terms defined in Article 2 of the Tourism Proclamation No.152 /2006 shall apply to the provisions of these Regulations.

Article 3. Application Any applicant for the operation of a tourist pleasure boat shall submit an application for a permit in the form prescribed by the Ministry together with: ( a) certificates from the ministries of Fisheries and Transportation and Communications; (b) the address or addresses at which the applicant intends to operate the tourist boat; (c) an evidence of ownership of a boat or a written agreement of the owner, where the owner is a person other than the applicant; (d) information on the number, qualification and experience of staff to be engaged in the conduct of the business of operating a tourist boat; (e) that the operator shall take full responsibility for passengers, and (f) such other information as may be required by the Ministry.

Article 4. Assessment of application The Ministry shall assess the application with regard to: (a) the information contained in the certificate of sea worthiness issued by the Ministry of Fisheries and a certificate issued by the Ministry of Transportation and Communications; (b) such further verification as to the character and professional competence of the applicant as the Ministry may consider appropriate; and (c) such further inspection of the condition and safety of the boat as the Ministry may consider appropriate.

Article 5. Issuance of permit (a) The Ministry shall inform the applicant of its decision within 30 days of receipt of the application. (b) The Ministry shall issue a permit for each boat specifying the maximum number of passengers which may be carried

Article 6. Conditions to be observed A permit under these Regulations is issued subject to the following conditions, which the permit holder shall observe at all times in respect of each journey of a boat: (a) that the boat shall be commanded by a captain with a valid pilot’s permit issued by the Ministry of Fisheries and Ministry of Transportation and Communications; (b) that the crew shall include a qualified navigator and mechanic; (c) that the captain and crew shall have good manners and respect the interests of the passengers; (d) that the boat shall be sea worthy and that all navigation and safety rules related to the operation of boats are observed; (e) that the boat shall always carry a first aid kit, and (f) that the boat shall have the necessary equipment, tools and instruments in compliance with Ministry of Fisheries directives.

Article 7. Validity of a permit A permit issued under these Regulation shall be valid for one year from the date it is granted unless revoked by the Minister.

Article 8. Display of permit and prices (1) The permit holder shall display his permit at a conspicuous place in his boat. (2) The prices of regular trips shall be displayed at a conspicuous place on the boat and at the booking office.

Article 9. Notification of change A permit holder who changes a business address provided in the application form shall inform the Ministry of such change.

Article 10. Prohibition (1) No person may engage in the business of operating tourist pleasure craft or boat unless such person is registered in the Ministry of Fisheries and Ministry of Transportation and Communications and holds valid insurance (2) No boat may be advertised as tourist boat without: (a) a valid boat sea worthiness certificate from the Ministry of Fisheries and Ministry of Transportation and Communications, and (b) a valid boat permit issued by the Ministry of Tourism under these Regulations for each boat operated as a tourist boat.

Article 11. Inspection (1) A boat shall be subject to inspection by the Ministry during reasonable working hours and officers of the Ministry of Fisheries and Ministry of Transportation and Communications or other technical personnel may accompany the officer of the Ministry. (2) A passenger list shall be maintained and be available for inspection at the request of the Ministry.

Article 12. Effective Date. These Regulations shall come into force as of the date of their publication in the Gazette of Eritrea laws. Done at Asmara, this 11th day of January, 2006, Amina Nurhussien, Minister of Tourism.