Fisheries Law, 1991 (Law No. 256 of 1991)

Section FISHERIES LAW, 1991 ARRANGEMENT OF SECTIONS P.N.D.C..L. 2.56. PART I-::SUU.DlNG AND IMPORTATION OF MOTOR FISHING VESSELS 1. Licence for building of motor fishing vessels, etc. 2. Importation of foreign built.motor fishing vessels PART II-LICENSING OF FISHING CRAFT 3. Prohibition of fishing operations without licence 4. Form and conditions of licences 5. Licence fees 6. Licences not transferable without pennission 7. Renewal of licences 8. Cancellation and suspension of licence 9. Appeals 10. Appeals Board PART III-!vfANNING OF MOTOR FISHING VESSELS 11. Application of provisions of this part 12. Manning of motor fishing vessels 13. Certificate of competency of skipper, mate or secondhand radio officers bosuns. 14. Absence of skipper or engineer 15. Competent authority to keep record of certifi.cates,.etc. PART IV-FISHING ZONES ·AND FISIIlNG GEAR l 6. Prohibited fishing'in specified zones 17. Closed seasons for fishing 18. Manufacture, importation or sale of fishing nets 19. Minimum mesh of trawl nets 20. Prohibition of use of seine nets in inland waters 21. Prohibition of seine nets in coastal waters 22. Seine nets for tuna. fishing 23 . Gill nets 24. Markings of m-:>tor fishing vessel 25. Markings of fishing canoes P .. N..D .. C.L .. 256. 2 FISHERIES LAW; 1991 Section 26. Markers of submerged gear 27. Penalties PART V-MONITORING, CONTROL, SURVEILLANCE AND ENFORCEMENT 28. Establishment of Monitoring Unit, its functions and compo­ sition. 29. Indemnity 30. Technical Committee PART VI-MISCELLANEOUS 31. Transfer of ownership oflicensed :fishing craft 32. Prohibition of export or import oflive. fish 3~ .. Transhipment and export of tuna and othermarir..e products 34~ Landing of catch made in Ghana outsice Ghana is prohibitt:d 35. Prohibition of use of explosives, etc. 36. Seventy-five per cent of crew of motor fishing vessels to be Ghanaians. 37. Returns 38. Seaworthiness and inspection 39 .. Licence and logbooks. to be carried on board.motor fishing vessels. 40. FisheriesAdvisoryCouncil 41. Other offences 42. Offences by bodies of persons 43. Power .of Secretary to.mitigate penal tie~ 44. Regulations 45. Interpretation 3 FISHERIES LAW, 1991 P;N.D.C.L. 256·. TN pursuance of the Provisional National Defi:nce Council (Estab­ lishment) Proclamation, 1981, this Law is hereby made: PART 1-BUlLDING AND IMPORTATION OF MOTOR FISHING VESSELS 1. (1) No person shall undertake in Ghana the building of any Li~ence for motor fishing vessel unless he has been granted a licence to do so by buiiding or the Secretary for Industries in consultation with the Secretaiies for ~i~~ Transport and Communications and Agriet.lture. vessels, etc •. (2) The design for the building of a motor fishing vessel shall be subject to the approval of the Shipping Commjssioner. (3) The building of any motor :fishing vessel in Ghana shall be supervised by a surveyor employed by the person who con:imis.;. sioned the building of the vessel and it shall be the· duty of such employer to submit periodic progress reports of the work on the vessel to the Shipping Commissic-ner. (4) No person shall sell or offer for sale, whethe1 within or outside Ghana, any new motor fishing vessel or craft built in Ghana unless there has .been issued in respect of that-vessel a ·certificate of seaworthiness by the Shipping Commissioner in the prescribed form. (5). The Secretary for Transport and Communications may in consu.ltation with the-Secretary by legislative jnstrument make regu­ lations prescribing the standards and specifications for the design and construction of different types of motor fishing.vessels or craft and also for the forms of applications, licence 2nc1. certificate.. of seaworthiness and fees payable for such licence and certificate. (6) Any person who contravenes subsection (1),.(2), (3) or (4) of this section shall be gdlty of an offence and liable on summa1y conviction to a fine not ex~eedmg 9=::00,000.00· or to impiisonment for a term not exceeding 2 yea!s or to· both; and in actditionthe Court' may order the forfeiture of-the vessel in respect" of.which the offence was committed. 2. (1) No person shall- Importation ( ) · h. h · l . . . d h of foreign a wit out t e prior- approva m ·wntmg grante by t e built motor Secretary on the advice:.of the Secretary responsible fishi~g for Transport and Communications import into Ghana vesse s. any moto1 fishing vessel; or (b) import into Ghana any motor fishing vessel which is more than five·years of age from the date of const1uc­ tion or more than seven years from the date of con­ struction in the case of a tuna fishing vessel. P~N.D.C.L. 256. 4 Prohibition of fishing operations without licence. FISHERIES LAW, 1991 (2) Any person who contravenes subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding ~500,000 or to a term of imprisonment not ex­ ceeding 2 years or to both; and in addition the Court may order the forfeiture of the vessel in respect ofwbich the offence was committed. PART ti-LICENSING OF. FISHING CRAFT 3. (1) Subject to the provisions of this Part and withot;t prejudice to sectioas 24 and 25 of this Law, no person shall operate any fishing craft (whether imported or not) within the· coastal waters and ii­ Verine system of Ghana for the purpose of taking fish or jn connec­ tion with any fishing activity, unless he has been granted a licence for that pnrpose in respect of the fishing craft by the Licensing Officer. (2) Any person who contravenes subsection (1) of this section shall (a) in the case of a forei5n owned or registered fishing vessel, incur a pecuniary penalty of the equivale-nt in cedis of not less than 150,000.00 US dollars or more than 500,000.00 US· dollars; (b) in the case .. of a locally owned or a locally registen:d fishing vessel, incur a pecuniary penalty of not less than ~300,000.00 01 more than two million cedis; (c) in the case of a canoe, incur a pecuniary penalty of not less than '250,000.00 or more than $2100,000.00. (3) The Court may in addition to any fine that it imposes under. subsection (2), order the forfeiture of the fishing craft, catch or other apparatus or a combination of any of them involved in the commission of the offence. (4) The Licensing Officer shall not grant a licence to an appli­ cant in respect of a.ay fishing craft (a) owned by a Ghanaian unless the vessel is reg.i&ten:d with the Shipping Commissioner and a certificate of seaworthi• ness has been issued in respect of it by the Shipping Commissioner; or (b) owned by a foreign person unless the vessel is reghtered with, and a certificate of seaworthiness has been issued in respect of it by the appropriate authority with power 1.o register and issue such certificate. (5) Without prejudice to subsection (4) the Licensing Officer shall not grant a licence to an applicant in respect of any fishing craft unless he is satisfied (a) in the case of a motor fishing vessel other than a tuna fishing vessel, that the vessel is owned by the State, a 5 FISHERIES LAW, 1991. P;N.D.C.L. 25~. citizen. of Ghana or a public corporation;· or by a limited liability company registered in Ghana under the Companies Code, 1963 (Act 179) which has its princi­ pal place of business in Ghana and its shares are wholly owned by the State, a citizen of Ghana or a: public corporation or an association of any of these person.~; or (b) in the case of a tuna fishing vessel, that not less than twenty-five per cent of the interest in the vessel is owned by the Government, a citizen of Ghana,. a public corporation, or a limited liability company registered in Ghana under the Companies Code, 1963 (Act 179) which has its principal place of business in Ghana and its shares are o\vned. wholly by the Govern­ ment, a citizen of Ghana, a public corporation or an association of any of them; (c) that there has been issued in respect of the vessel a valid policy or certificate of insurance; (d) on a Surveyor's report, that the vessel is seaworthy and operational; (e) in the case of a canoe:, that the canoe (i) is o\Vlled by a citizen of Ghana, a partnership or company registered in Ghana under the relevant enactment; (ii) has been registered by the Department of Fisheries; and (iii) it bears the prescribed markings; (f) that the operation of the fishing craft are not likely to be prejudicial to the fishing industry. (6) Notwithstanding paragraph (b) of subsection (5) of this section the Licensing Officer may grant a licence to a motor vesselif (a) the vessel is to be used for the transhipment or export of tuna; (b) the vessel is on charter to any of the -persons referred to in paragaph (5)(b); (c) the agreement for the charter of the vessel confers on the person who charters· the Ve3Sel a right to purchase the vessel within three years of the date of the charter; and (cl) the Licensing Officer is satisfied that adequate provi­ sion has been made in the agreement for the trainip.g of Ghanaians and imparting to theID the skills and exper­ tise of tuna fishing and the mana~~ment of tuna vessels. , P.N.o.c.L.-256. 6 FISHERIES LAW, 1991 Form and conditions of licences. Licence fees. Licences not transferable without permission. Renewal of licences. (7) If before the expiration of the three years referred to in paragraph (c) of subsection (6) of this. section the chartered vesse.l is returned to the person from whom it was chartered, another vessel may be chartered with the approval in writing of the Licensing Officer for the unexpired period of the three years. (8) If at the expiration of the three years the person by whom the vessel wa s chartered has not foranyreason.enten:dintoa \Vtitten agreement for the purchase of the vessel or has not purch2scd tbe vessel that person shall not again be grantt:d a licence in n:Sp( ct of any other vessel chartered or purchast:d by him, whether solely or in association with another person. (9) The Licensing Officer shall not grant a licence in respect of a .charte1ed '{essel to the person by whom the vessel was chartered unless he is satisfied that the agreement re1atinf to the pt1rchase is satisfactory and reasonable and that all the relevant 1equirements of this Law and any other enactment applicable in Ghana htve been complied with in relation to the sale. 4. (1) The licence shall be issued by the Licensing Offen insuch form and shall be subject to Stich conditions as the Secretary may prescribe. (2) The licence shall be issued yearly or quarterly and shall expire (a) in the case of a yearly licence on 31st day of December in the year· in. whkh it is issued; (b) in the case of a quarterly licence on the 31st day of March, the 30th day of June, the 30th day of September or the 31st day of December. 5. (1) Subject to subsection (2) of this section, there shall be charged in respect of the issue of the licence such fee as the Secretary may prescribe. (2) A .fee .charged under subsection (1) of this section in respect of a tuna :fishing vessel or carrier· for tuna shall be paid in US dollars :if the· ve~el or carrier is wholly owned by persons other than Ghana­ ians or substantial interesftherein is owm:d by persons other than Ghanaians. 6. No licence granted shall be transferred to another person with­ out the permission of the Licensing Officer endorsed on the licence. 7. (1) The l iolde:r of a licence may upon expiration of the licence apply. in writing to the Licensing Officer for a renewal of the licence and subject to the provisions of subsection (2) of this section, the Licensing Officer shall renew the licence upon the payment of such fee ·as the .Secretary-may prescribe. 7 FISHERIES LAW .1991 P.N.D.C.L. 256 (2) The Licensing Officer may refuse to renew a licence on any or all of the following grounds if: (a) :the fishing craft does not meet the prescribed .safety standards; (b) the fishing craft does not bear the prescribed.markings; (c) the fishing craft does not meet ·the req1.1irements of the prescribed net mesh sizes; (cl) the fishing craft is manned by a crew that is not q1.1ali~ fied under this Law; (e) the· fishing craft is not seaworthy; (!) the fishing craft is not covered by a valid certificate or policy of insurance which shall cover injury to third parties; (g) the owner of the motor fishing vessel has faikd to submit the 1etums in respect of his operations or main~ tain a log book as 1equired 1.mder section 37-or 39:of this Law; (h) the owner of the fishing craft engages in any activity prejt.tdicial to the fishin5 ·ind11stry. · 8 . . Where a person contravenes a provision of this Law in respect cancellatior1. of which a pecuniary penalty is imposed, the Licensing Officer may and . use any or allofthegroundsstated in section 7 of this.Law to cancel sufsJ~nsion d h li . f fishi f s: 1.. • d o 1ceace. or suspen t e cence m respect o a ng era t.Lorsucupeno as he thinks fits. 9. Any person aggrieved by the refusal of the. Licensing Officer to Appeals. Issue or renew a licence under section 3 or section 7.or by the cancel lation or suspension of the licence under. section 8 of this Law may within fo:.irteen days of such refusal, cancellation or suspension app~al in such manner as may be prescribed to the Appeals Board established under section 10 of this Law. 10. (1) There,is hereby established a.a Appeals ·Board which shall Appeals consist of the following- •membe1s who shall be appointed by the Board. Secretary (a) a reptesentatiye of the Attomey.;.General's Department not below the rank of a Chief State Attorney who shall be the Chairman; (b) a representative of the National Fisheries.Advisory Council; and (c) a. representative of the Fishing Industry who is not an inter.ested party m the·subject matter of the appeal. P~N .D.C.L. 256. 8 FISHERIES LAW, 1991 (2) The Appeals Board shall hear and ddntriine an appeal lodged by any person aggrieved by a decision of the Licensing Offcer in respect of matters concerning the refusal to issue or 1e:ncw a licence under section 3 or section 7 or the cancellation or susp,nsicn of a licence under section 8 of this Law. (3) The Appeals Board may upon the determination of an appeal confirm, reverse or vary the decision· of the Licensing Officer. (4) The decision of the Appeals Board shall be final. PART !II-MANNING OF MOTOR FISHING VESSELS Afpplica~i?n 11. This Part shall apph to motor fishing vessels engaged in any o prov1s1ons f f fish' · of this Part. orm o mg. Manning of motor fishing vessels. 12. (1) A motor fishing vessel exceedmg 60 gross registered ton­ nage shall not proceed to sea or call at a po1t in Ghana unless it has on board (a) a skipper who is the holder of a certificate of compe~ tency issued by the competent authority; (b) a mate or secondhand as the case may be who is the holder of a· Certificate of competency issued by the competent. a uihodty; (c) an en5ineer who 'is the holder of First Class Engineer's Certificate of competency issued by the competent a1.ithority; (d) an engineer who is the holder of a Second Class Engi­ neer's Certificate of competency fas11,d by the com­ petent ·authority; (e) a bosun who is the holder of an Ablebodied Seaman's Ce1ti:fioate of competency issued by the competent authority; (/) in the case of a vessel equipped with marine radio telephone, a radio operator with the. requisite certifi­ cate of competency issued by the competent autho1ity; (g) in the case of a vessel equipped with marine telegraphy a radio officer with the requisite certificate of compe­ tency issued by the competent authority. (2) No motor fishing vessel of less than 60 gross registered tonnage shall proceed to sea from a port in Ghana unless it is pro­ vided with (a) a coxswain who is the holder. of a .certificate of compe­ tency issued by the competent authority; 9 FISHERIES LAW: 1991 P.N.D.C.L. 256. (b) a bosun who is the holder of Ablebodied Seaman's Certificate of competency issue:d by the competent a1.1thority; (c) a marine motor mechanic who is the holder of a certificate of competency issued by the competent authority. (3) The owner or operator of any motor fishing vessel whi~h proce{dS to sea in contravention of any provision of each paragraph of subsection (1) or (2) of this section .shall be liable on summary conviction to a fine of not less than ~100,000.00 or to a term of imprisonment not exceeding 6 months or to both. (4) Except in case of emergency at sea no person shall (a) hold himself out as a skipper, secondhand, radio officer, radio operator or bosun or an engine.er of a motor fishing vessel unless he hid bee:n ctuly certificated as such under section 13 of this Law; (b) employ any person as a skipper secondhand, radio officer, radio operator or bosun or an engineer of a motor fishing vessel without first ascertaining that he has been duly certificated as a skipper secondhand, radio officer 1 radio opera tor or bosun or an en€;-ineer under this section; and any person who contravenes the provisions of this subsection shall be liable on summary conviction to a :fine of not less than i100,ooo or to a term of imprisonment not exceeding 6 months or to both. 13. For the purpose of this Part a person shall be deemed to be certificate of duly certificated as skipper, mate or se:condhand, radio officer, radio com~etency operator or bosun or engineer ifhe is the holder for the time being of °rfi.;tktpper. a certificate of competency granted by the competent authority. seco~~hand radio officers bosuns, etc. 14. Where the skipper or an engineer of a motor :fishing· vessel is Absence of absent, the competent authority may on application by the owner of ski~per or the vessel, and on being satisfied that the absence of the skipper or engineer. engineer is unavoidable, authorise the holder of a lower grade fishing certificate to act for a period not exceeding two months as the skipper or engineer of the vessel as the case may be during the periqd that the skipper or engineer is absent, and the holder. of the lower grade certificate of competency so authorised to act shall for the purposes of section 13 of this Law be deemed to be a duly certificated s.kippe1 or engineer. 15. A competent authority shall keep a record of every certifi- Competent cate of competency issued under this Part and of any suspension, authority to alteration or cancellation · or any other matter affecting any such ~f~~r~ift~rd certificate. cates, etc. P.N.D.C.L. 256. 10 Prohibited fishing in specified zones. Closed seasons for fishing. Manufacture, importation or sale of fishing nets. Minimum mesh of trawl nets. Prohibition of use of seine nets in inland watel"S. Prohibition of seine nets in coastal waters. FISHERIES LAW, 1991 PART IV-FISHING ZONES AND FISHlNG GEAR 16. (1) No towing gear shall be used in coastal waters the depth of which is less than 30 meters. (2) No motor fishing vessel of 50 gross registered tonnage or more shall use a bottom trawl in coastal waters the depth of which is less than 30 meters. (3) The Director of Fisheries may in writing exempt a re~ search or any other :fishing ves3el from the provisions of subsection (1) or (2) of this section. 17. The Secretary may, on the advice of the Director of Fisheries, by legislative instrument, declare closed seasons and the duration of the seasons for :fishing in specific areas of coastal waters or the riverine system. 18. (1) Subject to the provisions of this section the Secretary shall. have power to specify the nature and the type of nets to be marii.1.factured or· imported. (2) Except as otherwise provided in sub-section (3) of this section no person shall ( a) import into, mannfacture, 1ell or use in :fishing in Ghana any fishing net or netting the mesh of which is less than 25 millimeters in stretched diagonal length; (b) use any tmauthorised contrivance as fishing 5ear for the purpose of taking fish in any body of water .. (3) The Director of Fisheries may for the purposes of research in fishing or other activity approved by him permit in writing the importation, mam1facture or use. of such net or netting,· subject to such conditions as he deems fit. 19. No person shall. operate from or carry ·on board or in any :fishing craft a trawl net the mesh of which is less in stretched diago. nal length than the prescribed mesh~ 20. (1) Subject to subsection (2) of this.section, no person shall use a seine net in any river or body of water fo1ming any part of the riverine system. (2) The Director of Fisheries may permit in·writmg the use of seine nets in estuarian waters but no such permit shall authorise the t1se of the seine net the mesh of which is less than 50 millimetres in stretched diagonal length. 21. No person shall use for the purpose of taking fish in coastal waters a seine net the mesh of which is less than 25 millimeters in stretched diagonal length. 11 FISHERIES LAW, 1991 P.N.D.C.L. 256. 22. No person shall use in coastal waters for the purpose of taking Seine nets tuna a seine net the mesh of which is less in stretchc.d diagonal hof/una 1 eng th than the prescrib( d me sh. is mg. 23. (1) No gill net, whether drifting ox set, shall be 1·.st:d in any Gill nets. river or body of water forming part of the riverine system if the mesh of the net is less than 50 millimetres in stretched diagonal length in the case of multi:filament net 01 75 millimetres in stretched diagonal length in the case of mono:filament net. (2) No person shall set a gill net across any ri¥er from bank t<;> bank so as to form a barrier for the purpose of taking fish from nver. (3) No person shall knowingly take gravid lobsters or any other gravid cn:.stacea during fishing and where any such gravid lobsters or- 5ravid crustacea are accidentally taken they shall be immediately returned to the sea, 1iver or lake ,s the czse: m,) be. ( 4) All young lobsters or other young crustacea as shall be determined by fisheries regulations made under this Law that may be accidentally caught during fishing shall be immediately returned to the sea, river or 1;;.ke as the case may be. (5) Any person who contravenes subsection (3) or (4) of this section commits an offence and is liable on conviction to a :fine not exceeding ~300,000.00 and in addition the fishing gear or other apparatus or any combination of them tlSt:d in the commission of the offence may be forfeited or the :fishing licence may be cz:r:cdl(d or suspended for such period as the Director of Fisheries may direct. 24. The Licensing Officer shall allocate to every motor fishing Markings of vessel licensed under this Law such registration lettos ~.nd numbers moto 1 r fisruog d h k. . b "b d vesse an ot er mar mgs as may e p1escn e . · 25. The Licensing Officer shall allocate to every canoe registered M3.1:kings of under this law such letters and numbers and other markings as he cfishmg d t . aooes. may e ermme; 26. Every submJrged istationary fishing gear or surface drifting Markers of gear shall bear conspicuous surface markers using brightly coloured submerged buoys, flags- or floating poles and at night lighted markers all of gear. which must at least be visible in clear weather at a distance of one n3.utical mile; except that in the case of a net the markers shall be placed at intervals of 25 metres along the fulllength of the net. 27. Any person who contravenes any of the provisions of this Penalties. Part shall incur a pec-uniary penalty of not less than ~300,000.00 or the value of the catch, whichever is the greater; and in addition to the catch, fishing gear or other apparatus or any combination of them may be forfeited or the :fishing licence may be cancelled or suspended for such period as the Director of Fisheries thinks fit. P.N.D.C.L. 256. 12 Establish• meat of Monitoring Unit, its functions and composition. FISHERIES LAW, 199 J PART V-MONITORING, CoNTROL, SURVEILLANCE AND ENFORCEMENT 28. (1) There shall be established at the Ministry of Agriculture a uuit to b:, known 1s the Fisheries Monitoring, Control, Surveillance and Enforcement Unit (hereafter refencd to in this Law as "the Unit"). (2) The Unit shall be responsible (a) for the monitoring, control and surveillance of all fishing operations within the coastal waters and riverine system of Ghana; and (b) for the enforcement of the provisions of this Law and regulations made thereunder. (3) The Unit shall consist of such personnel from the Ghana Navy, the Ghana Air Force and Department of Fisheries as the Secretary shall, in consultation with the Secretary for Defence determine. (4) The Secretary may from time to time request .the service of personnel from other Government agencies and departments to assist the Unit in the performance of its functions .. (5) The Council shall in consultation with the Secretary appoint the Head of the Unit. (6) For the enforcement of the provisions of this ·Law and re15ulations made thereunder the. personnel of the Unit shall have the same powers and privileges as are conferred by any enactment on police officers. (7) Without prejudice to subsection. (6) of this section the. personnel of the Unit shall (a) arrest any person or fishing craft where there is a reason­ able St~picion that any act has beendone by the person or in relation to the craft in contravention of any of the provisions of this Law or regulations made thereunder; (b) board any fishing craft to inspect any licence or other document issued in relation to such fishing craft; (c) board any fishing craft to search and examine· any fishing g·ear or other apparatus carried on or in such fishing craft; (d) reqttlre the owner. or person in charge of a fishing craft to exhibit his fishing gear or apparatus or catch; (e) enter any premises. ashore where there is reasonable suspicion of any contravention of this Law, and inspect 13 FISHERIES LAW, 1991 P ..N,D.C.L. 256• sttch premises and examine the catch, fishing gear or other apparatus or fishing craft involved in such con­ travention. (8) The personnel of the Unit may, in arresting any person or fishing craft which they have reasonable suspicion has done any act in contravention of the provisions of this Law, use such force as is reasonably n~cessa:ry in the circumstances to effect the arrest. (9) Any person who obstnicts the personnel of the Unit or otherwise interferes with the performance of their functions under this section shall be guilty of an offenc~ and liable on summary conviction to a fine not exceeding ~300,000 or in the case of a foreigner the equivalent in cedis of 10,000 US dollars or to a term of 1-nprisonment not exceeding 12 months or to both such fine and imprisonment. 29. No action shall be brought against the head of the Unit, the Indemnity. Director of Fisheries, the personnel of the Unit or any person authorised to assist the Unit in respect of any act done in good faith in the performance of their functions under this Law. 30. (1) There is hereby established a Technical Gommittee which Techni?al shall consist of the following members to be appointed by the Secre- Committee. tary: (a) the Head of the Unit who shall be the Chairman; (b) a representative of the Navy; (c) a representative of the Ghana Air Force; (d) a representative of the Ghana Police Service; (e) a representative of the Ministry of Foreign Affairs; (f) a representative of the Attorney-General's Depart ment; (g) a representative of the Fisheries Department; and (h) a representative of the O:~stoms, Excise and Preventive Service. (2) The functions of the Technical Committee are (a) to co-ordinate the ft1nctions of the various Govern­ ment agencies responsible for the formulation and implementation of policies affecting fisheries; (b) to advise the Head of the Unit on matters relating to the implementation of the Government's policies; particularly with regard to the monitoring, control and surveillance of the :fishery resources and the enforce­ ment of this Law and. other enactments concerning fisheries: P.N.D.C.L. 256. 14 FISHERIES LAW, 1991 (c) to assist the Head of the Unit in the preparatic-n of an operational manual for use by the personnel both at sea and on shore. (3) The Technical Committee shall regulate its ownprocedtre. (4) The Unit shall establish a special fund into which shall be deposited all pecunia1y penalties imposed under this Law and shall be used to meet the operational needs of the Unit. (5) Funds established under subsection (4) shall be subject to norm.3.l auditing. PART VI-MISCELLANEOUS Transf~ off 31. (1) Where the ownership of a fishing c-,.·aft licensc:d under this ~~~~sd 1P O Law is transferred: by the owner to another person both the owner fishing craft. and t ~at o~her person.shall ."".'ithin one month of such trans!er notify the L1censmg Officer 1n wntmg of the transfer of ownership of the fishing craft. (2) Any person who contravenes subsection (]) of this s~ction shall incur a pecuniary penalty of not less than ~100,000.00. Proh1bition 32. (1) No person shall import into or export from Ghana any f!;~rf~\ or live fish unless he has been. granted a permit by the Licensing Officer. live fish. Tranship­ ment and export of tuna and other marine products. (2) A permit granted by the Licensing officer under sub­ section (I) of this section· shall be in such form and subject to such conditions as may be prescribed. (3) Any person who contravenes subsection (1) of this section shall incur a pecuniary penalty of not less than ~200,000.00 or more than one million cedis or the equivalent· in cedis. of 10,000 US dollars in the case of a foreigner or the value of the fish whichever is greater. 33. (1) Except where the restrictions impost:d .by this subsection are varied by. regulations made. under subsection (6) of this section the entire catch of every tuna vessel and every other fishing vessel licensed under this Law shall be landed i.a Ghan·a before any tran­ shipment or export of the catch. (2) No black s.kipjack tuna and also no fish other than tuna comprised in the catch of any tuna vessel li~ensed under this Law shall be transhipped or exported from Ghana. (3) No other species of t11na shall be exported from Ghana without the permission of the Secretary responsible for Trade. 15 FISHERIES-LAW, 1991 (4) Not less. than ten per cent of the catch of the following sp~cies of tuna landed in Ghana by any tuna vessel licensed under the Law shall be offered for sale to persons enga5ed in industrial processing of fish in Ghana to the extent of their requirements: (a) Skipjack; (b) Yellowfin; (c) Bigeye; (d) Albacore. (5) Any person who contravenes subsection (1), (2) or (3) of this section shall incur a pecuniary penalty of not less than one million cedis or the vah1e of the catch, whicheve1 is the greater, and in addition his fishing licence may be cancelled or suspended for such period as the Licensing Officer thinks fit. (6) Regulationsmac.e under scction44 of this Lawmay (a) vary the restrictions imposed by subsection (1) of this section on the transhipmcnt or export of catch; or (b) vary the percentage or categorit;S of. tuna required to be offered for sale under subsection (4) of this section. (7) For the removal of doubt section 10 of the Exchange Control Act, 1961 (Act 71) shall apply to the export of tuna and other marine products. (8) Notwithstanding subsection (6) of this section any person who exports tuna or other marine products ( a) in contravention of section 10 of the Exchange Control Act, 1961 (Act 71); or (b) except the Bank of Ghana otherwise directs in writing, without the Bank· of Ghana being satisfied that the tuna or other marine product exported is paid for i.a external currency adequate in relation to the quantity of tuna· or other marine product exported, and that the proceeds of the currency are duly paid to the Bank of Ghana or an authorised dealer withln the meaning of the Exchange Control Act, 1961 (Act 71), shall be guilty of an offence and liable on summary conviction to a fin~ not exceedins three times the valtte of the e~port or the equiva­ lent in cedis of fifty thousand US dollars whichever is the greater or to a term of imprisonment not exceeding five yea1s or to both such fine and imprisonment and in addition the Court shaJI order the forfeiture of the fish in respect of which the offence was committed. 34. (1) No pe1son in commana or in charge of :fishing craft Landing of registered in Ghana and fishlng in Ghana shall land or discharge the fatg\: !~e catch outside Ghana, (including the .high seas). o~tside Ghana is prohibited. P.N;D.C.L. 256. 16 Prohibition of use of explosives, etc. FISHERIES LAW, 1991 (2) Any person who contravenes subsection (1) of this secticn shall incur a pecuniary penalty of not kss than i~c0,000.0 or the value of the catch, .whichever is the greater, and in addition the licence of the skipper may be suspended or cance1kd (3) Any person who aids ( d abets another person in the con­ travention of subsection (1) of this section shall be deemed to have contravened the subsection. 35. (1) No person shall (a) take, destroy or attempt to take or destroy any fish by use of dynamite, gelignite or other explosive substance or by the use of any noxious or poisonous matter; or (b) carry on board or in any fishing craft whether afloat or ashore, any dynamite, gelignite or other explosive S1.:tbstance or noxious or poisonous matter. (2) No person shall without lawful authority, have in his possession any dynamite, gelignite or other explosive s1.1bstance or noxious or poisonous matter at any place within a distance of two kilometres radius from the shore or a river. (3) Any person who contravene:s subsection (1) or (2) of this section shall be guilty of an offence and liable on summary convic­ tion to a fine not exceeding one million c(dis or to imprisonment not exceeding three years or to both; and in addition the Court shall order the forfeiture of the catch and the substance or ms.ttel' t1sed in the commission of the offence. Seventy-five 36. (1) Subject to subsection (2) of this section, the owner of any ~;: cen: of motor fishing vessel licensed under this Law shall employ crew of mo'fo~ :fishing which not less than seventy-five per cent shall be Ghanaians. vessels to be ( h . . b • ( ... i.:,. · • h 11 Ghanaians. 2) T e prov1s1ons of su section 1) of u.u.-:, sections a not apply (a) to a foreign motor fishing ves.5el engaged within coastal waters to undertake transhipment of tuna for a period of less than three months; (b) to a motor· fishing vessel in respect of which the Licens­ ing Officer is . satisfied that there are not enough· qualified Ghanaians to be employed in the required positions. (3) Any person who contravenes subsection (1) of this section shall be guilty of an offence and liable on summary ccnviction to a fine not e·xceeding the equivalent in Cedis of 10,000· US dolla1s or impdsonment not exceeding two yearS or to both such fine and imprisonment; and in addition the Court may .ord~r the cancellation or suspension of his fishing li<.:ence for such .period as the Court may think fit. 17 FISHERIES LAW, 1991 37. (1). The owner of a motor fishi~ vessel licensed· under this Returns. L:1.w shall submit to the Licensing• offieer such written returns c::>nc-!rning the fishing op.!rations-of the vessel as he may require. (2) Withot1t prejudice- to subsecti-On (1) of this section any p~rson who imports. or exports any fish or fish product shall furnish to the Director of Fisheries returns in respect of the species,quantity and value of the fish within 14 days of such import or export. 33. (1} All fishing crafts- must be sound and seaworthy, and with Sea- . r~SP?Ct to a mJtor fishing v Jssel its eD;gine shall be maintained in ;i~hiness servrc-!able and. good cond1t1on· at all, tunes. inspection. of (2)-All-motor fishin'.5 v~ssels shall be subject to inspection and ~t~~~ survey l;)ya s:; rveyorat su:1h intervals as may be prescribed. 39. (1) The person in- command or charge of a mofor :fishing Licence and vessel whether afloat or ashore, shall can·y on board the vessel- the blog bo9kds tp . emme~ relevant licence. board motqr (2) Every. motor fishing vessel exceeding 60 gross registered. e;!1clf. tonnage shall carry at all times on board the vessel a log ·book in such form as m~ y be prescribe;d. (3) The log book shall be subj~ct to inspection at any time·by an a utblorised' officer; arid· for the· purposes· of this:. subsection an "authorised officer" means personnel of the unit, a Fisheries Oflicer, a Customs-Officer or a.surv~yor: 40, (1) Tb.ere is hereby established a Fisheries Advisory Council Fish~;i~, which shalLconsist-.o[the.following members to be-appointed bythe Acdv150f 1 Y ounc1. the.-Secretary: (a) the D~puty Secretary for Agriculture responsible for Fisheries who shall be the Chairman; (b) the Director of Fisheries; (c) a representative of the Ghana Navy;· (d) a.representative .of the Ghana Air.Fbrce; (e) a r~presentative of the Ministry of Trade; (f) a representative ofthe•,Agrioultural Development Bank; (g) a representative-of the-Ministry-oe·Finance and Econo• mic·Planning: (h) a representative of the Ministry of Industries, Science an& Technology; (i) a ~epresentative of the Customs; Excise~and Preventive Service; (j) a representative of-the· Volta River Autliority; Other offences. 18' FISHERIES L.,;tW, 1991 (k} a representative- of the- Ministr.y of Tratisport nnd Communication; ([). a representative of the Institute of Aquatic Biology; (m) a nominee of the Tana Association; (n) a nominee of the M.arine Fisheries Association; (o) a nominee-of the- Marine Canoe Fisheries Council; (p) a nominee of the To.land Canoe ·Fisheries Councif; (q) a repres~tative of the Ghana- Inshore Fisheries Asso­ ciation; (r) three other·persons appointed· by the Secretary; (2) The· Advisory Council shall advise the Secretary on all matters affecting the fishing industry as well as matters relating to the implementation of the G-:>vernment's policies with respect to the development, m~ng,gerhent and utilization of the- :fisheries resources of Ghana. (3) The Ch.airm1.n. of the Advisory Council shall preside at all meetings 0£ the AdvisoryCouncff and in.his absenee·a member of tlie Advisory Council elected by the Members from among them­ selves shall preside. (~) The quorum.at any m~eting ofthe Advisory Council shall be terr.. (5) Subject to subsections ~3) and (4) of this section, the Advisory Council shall regulate its own procedure. (6) The. Secretacy shall provide the: Advisory Council' with such staff and services as it may require for the efficient'. discharge of its functions. 41. Any person who (a) forges. or fraudulently alters or assists in forging or fraudulently altering or procures tt> be forged or ftadti:Iently altered any licence or certificate under this Law; (b) makes, assists in making or pro·cures to be made any fals.e ,:epresentation for the purpose of obtaining any licence or certificate under this Law; (c} fraudlltentiY uses any licen£es or certi.ficate,which has been forged, altered, cancelled or suspended or to which.he is .not.eatitloo~ or (d) fraudulently lends hi~ licence or cartificate or allows another person to use. 1t¼ 19 P.N..D.C-L .. 256. FISHERIES LAW, 199J. shall be guilty qf an offence and-liable on. summ9.ry co•nviction to a :fia.e of not less th.au one million cedis or to iinprisonmeri.t not exceed­ ing three years or to both. 42. Where an offeuce is committed under this L:Lw or any regula- Offepcess by tions made thereunder. by a body of person&- ~~!~~s~f (a) in the case of a body corporate, other than a partner-. ship, every director and officer of that body corporate shall also be guilty of that offence, and (b) in the case of a partnership every part.o.er shall also be guilty of that offence;. but no such person shall be guilty of an offence und~r this Law if he proves that the offence was committed without his knowledge or that he exercised . all due care and diligence to prevent the com­ mission of the offence. 43. (1) Subject to subsection (2) of this section, all pecuniary Power of penalties imposed under this Law shall be subject to the approval in S~qetary to · · f th S · m1t1gate wnting o · e ecretary. penalties. (2) The Secretary m1y mitigate such penalties but shall not ini pose a penalty lesser than the minimum penalty prescribed in rel~tlon to the contravention in respect of which the penalty was imposed, and m'3.y also order the restoration. of any licence or certi (i-;ate · cancelled or. suspended or any catch, fishing gear or other apparatus forfeited as a result of any contravention of this Law. (3) • Where under this Law a pecuniary penalty is imposed, such penalty shall be payable to the Director of Fisheries. 44. (1) The Secretary. may by legislative instrument make regu- Regulations lations (a) controlling the taking of fish; (b) prohibiting the use of :fishing crafts, :fishing gears, apparatus. or methods of taking fish considered to be harmful to .the fishing industry in Ohana; (c) prescribing the procedure for the application, issue and renewal of licences and forms of licence and the fees payable· for licences; (d} providing for the registration· and markings of :fishing craft; (e) P.roviding for the identification of positions of sub­ merged.fishing gears or floating :fishirig gears; (f) providing for the procedure for reporting the arrest of off enders and investigating offenders; Interpre­ tation. 20. FISHERIES l..A.W, 19.91 (g) providing for the inspection of premises. and-.apparatus... used for the-curing, preserving, storage or· sale of fish; · (h) providing for anything to be prescr;ibed under this Law. and otherwise for giving full effect to the purposes of this Law. (2) The Secretary for Transport.and Communications in con--• suitatien with the &:cretary for Agriculture may by legislative instrument make regulations (a) providing for the examination and certification of sk:ippers1 . second.hands and engineers of. :fishing vessels; (b) providing for the registration, survey and. licensing of fishing crafts; (c) providing for the safety and marine radio equipment to be installed in motor fishing vessels; and (a) providing for the safety of life and property at sea. (3) Regulations made under this section may (a) impose in respect of any contravention of the provi-. sions of the regulation a fine not exceeding the equiva­ lent in cedis of 10,000.00 US dollars or to a term of imprisonment not exceeding two years or to both such· fine and im:,risonment and also in the case of any con .. travention of a continuing nature, an additional fine not exceeding. the equivalent in cedis of 5,0C0.00 US dollars in .respect of each. day on which the offence continues. In addition, the catch, fishing era.ft, fishing gear or apparatus or thing.whatsoever involved.in the commission of the contravention may be forfeited; or (b) in lieu of criminal prosecution, prescribe in relation to any contravention of the provisions of the regulations a. pecuniary penalty of not less than isoo.000.00 or the value of the. catch, whichever is the greater; and in addition the forfeiture of the catch, fishing gear, fish­ "ing craft, apparatus or thing whatsoever involved in the commission of the contravention; (c) provide for the enforcement of such regulations where appropriate, by a District Assembly. 45. In this Law unless the context otherwise. requires Hcanoe" means a boat which is propelled by means of sails, oars, paddles., poles, outboard engine or a combina­ tion. of any of them;· ''coastal waters" means the area of the sea declared by an enactment as the territorial sea, exclusive economic one or continental shelf of Ghana; 21 FISHERIES "LAW, 1991. P.N.D.Cl., .... 256. '"com geteht authority?' means. the person authorised by any enactment to issue the relevant certificate of competency referred to under this Lawj "Council" m~ans Provisional National Defence.Council; "Court".indudes Public tribuna·I; "engineer" means ~he holder of a first or &econd cla.ss engineer's certificate of competency; "fishing craft" inciudes a motor :fishing vessel, tuna fishing vessel, canoe and ancillary craft for fishing·; "foreigner" includes the owner or operator of a foreign vessel; "foreign vessel" i;neans a moto:r fishing vessel which is wholly owned by·persons other than Ghanaians or in which the substantial interest is owned by persons other than Ghanaians; "licence" means a licence issued under se·ction 4 of this Law; "Licensing· Officer" means an officer appointe.d as si:tch by the Secret.ary; "motor fishlng vessel"·means, a boat constructed or adapted for the purpose of fishing which is me-chanically prop~lled by a.n inboard.engineer; "owner" includes any person. in possession of a motor fishing vessel under a hire-purchase or agreement but does not include any person in possession under a charter-party; "public corporation" means a corpo1 ation of any body of persons established as a corporate body by or under any enactment and funaed out of public funds; "riverine system',. means a natui.al drainage system com­ prising rivers and their tributaries which oiiginate from their sources and tenrinate at their estuaries, and includes any lake, impoundment, dam or weir artifi­ cially created on the riverine system; "Secretary" means the P.N.D.C. Secretary responsible for Agriculture; "secondhand" means the mate or person next in authority or command to the skipper on board a motor fishing vessel; "surveyor" means a surveyor appointed under the Mer­ chant Shipping Act, 1963 (Act 183}; "towing gear" means a fishing gear with.a. bag. ox: cod end which is towed at:the-botto:rn ornri'd water by a motor fishing vessel and tlSftd for the purpose of taking fish;