Fisheries Regulations, 1979

f GHh 39 3) (a) REGULATIONS Fisheries Regulations, 1979. Llc:tnc:c,. IN exercise of the powers conferred on the Commissioner responsible for Agrlcultur1 by section 23 of the Fisheries Decree, 197 9 (S.M.C.D. ) these Regulations are made this day of 1079. 1. 0) A licence for a motor fishing vessel shall be In the form set out in the First ScMdule to these Rogulatioris. (2) Tht ee payable for a licence in respect of a motor fishing vessel shall be In accordance with the Second Schedule to these Regulations. (3) Where in the case of tuna vessels a motor ves,el operate& with atcruart as a unit the fee prer.cribed ,hall apply to the motor ve$sel. (4) N..,twithnanding anything. to the contrary, the provlslo1,s of this regulation shall epply to any vessel affected by any agreement entered into under the proviso to paragraph (a) of subsection (1) of section 3 of the fisheries Decree, 1972 (N.R.C.O. 87) in respect of any period falling after the commencement of these Regulation,. u .. of cxplo1lvu 2. No person shall within Ghana take or destroy or 1ttempt to take or ckitroy or of po! ,ooua any fish by the use of dynamite, gelignite or other explosive substance, or by the ut.e matter problbl• of any noxious or µoisonous matter. t<td. No ,cine nee to be utcd without permit. 3. (1) No person shall use a seine net in any river unless a s>«mit In the form set out in the Third Schedule to these Regulations. for the use of such net has been granted by the Director of Fisheries or any person authorised by him to act on his behalf; and 1nv reference to the Director of Fisheries shall be construed as including any such person. (2) No permit shall be issued in respect of a seine net having a bllg the mesh of which Is leu than 50 millimetres in stretched diagonal length. (3) A permit for the use of • seine net may for good avM be revoked by tht Director of Fisheries. ('4) For the purposei of this regulation, "seine net" meaN any net having two wings Joined to a bag at its centre, and which for the purposes of taking fish is drtwn through the water by meac" of copes attached to the outer end.of each wing. No set ne, co be -4. (1) No penon shall \.1$e II set net in any river 0( dam unleu the mesh of such uud uolu• of net I• not Iese than 60 millimetres in ,tretched diagonal length. •P•c:lfled m Hh. 419 GHA 40 (2) FOf the purpose of this regulation "set net" means any net that for tha pur• pose of uklng fish is anchored to the bed of the riv&r .. lmport1don 1nd 5. No person shall import into or ~II in Ghana any fishi'ng net°' netting, the tclllns of certain mesh of which Is less than 25 millimetres in stretched diagonal length, t)'p• of fl.thlDI n.,t problbltcd, Permit to Im• e. ( 1) No person shall import Into or export out of Ghana any live fish except port or u:port under and In eccordance with the terms of a permit issued by the Licensing Offic«. llu.Chb. (2) The permit to be issued under this re<aiulation shall be subject to such condl• tion1 11 the Licensing Officer may think neceuary Of' expedient and shall bl in the form stt out in the Fourth Schedule to these Regulations. Minimum re• 7. No person sha II operate from or carry upon or in any motor fishing vessel quirc-mc-xm of a trawl net the mesh of which is less than 70 millimetres in stretched diagonal length. me-sh. Sc,wortblneaL 8. (1) A motor fishing vessel shall be sound and seaworthy and its engine shall be Lights to be carried by motor vcucll. kept in serviceable and good condition. (2) The Licensing Officer may cancel or suspend the licence of any motor fishing vessel which in his opinion does not comply with the requirements of this regu• lation. 9. A motor fishing vessel, according to its waterline length as hereunder JP&ei• fied, shall carry the following lights between sunset and sunrise;• ( 1) exceeding 12 metres in waterline length: (a) When under way• (i) a white light showing ahead from 22½ 0 abaft the starboard beam to 22½0 abaft the port beam; (ii) a green light carried below the white light showing from right ahead to 22% 0 abaft the starboard beam; (iii) a red light carried below the white light showing from right ahead 22½0 abatt the port beam; (iv) a white light at stern showing from right abaft to 67½ 0 on either side of the vessel. (b) When trawling • (i) a tricolour lantern showing a white light ahead from 22½ 0 on the starboard bow to 22½0 on the port bow; a green light showing from 22%0 on the starboard bow to 22½0 abatt the starboard beam, and a red light showing from 22½ 0 on the port bow to 22½0 abaft the port beam. (ii) a white light showing all round the horizon, such white light being carried below the tricolour lantern. (c) When at anchor, a white light showing all round the horizon. 420 Equipmcat tu be carried by motor vc:uc:la. GHA 41 (2) not exceeding 12 metres but exceeding 8 metres• (a) When under way• (i) a white light showing ahead from 22½0 abaft the starboard beam to 22½ 0 abaft the port beam, (ii) a green light carried below the white light showing from right ahead to 22½0 abaft the port beam, (b) W•.;,,•. ~•·ewling or at anchor, a white light showing all round the hori zon (3) A motor fishing ve~el not exceeding 8 metres in waterline length or a fishing veS5el including a canoe not being a motor fishing veuel when under way or at ar>enor bet~en rnn~t und sunristi shall carry e white li9ht $hewing all round tho hori• zon. 10. A motor fishing vessel according to its waterline length as hereunder speci• fied u-tall carry the following items of equipment, each of which shall be of II type approved by the Licensing Officer for such vessels:• ( 1) exceeding 8 metres·in waterline length• (a) one anchor and chain cable; (bl on~compass; (c) one horn or other instrument for producing sound signals; (d) two fire extinguishers, one of which shall be placed near the engine and one forward thereof. Where the engine is situated in a closed compartment or below the deck the fire extingui$her near it $hall be of the foam, carbOn dioxide or powder type. (2) not exceeding 12 metre~ but exceeding 8 metres in waterline length: life• belts or lifebuoys or other buoyant apparatus sufficient to support all the members of its normal crew. Such lifebelts, tifehuoys or buoyants shall be of a type approved by the Licensing Officer. (3) exceeding 12 metres in waterline length• (a) an inflatable liferaft of a size to accommodate all the members of the vessel's normal crew, the type of liferan to be approved by the Li• censing Officer; (bl flares or other pyrotechnic distress signals of a type and in such quan· tity as the Licensing Officer may specify; (cl a tow rope, chain or wire approved by the Licensing Officer as suitable for towing such vessel. Light 1.nd equip· 11. (1) The following lights shall be carried by all small fishing vessels including mcnt to be canoes whether operative under paddle or sail or driven by outboard motor between cirricJ by unall the hours of dusk and dawn, ttiat is to say· v~sseh. (a) a white light of a pattern approved by the Director of Fisheries such as a well-made hurricane lantern visible all round the horizon and sus pen<icd from the rnast as high as possible. (bl a flare up light sui.:h as a piece of cloth soaked in kerosene or other inflammable oil which can be ignited to produce a substantial flare in time to avoi<1 a collision. 421 Revocation Commencement GHA 42 (4) Vhere the contravention involves the carrying on of fishing operations is Ghana vithout a licence and the vessel involved is a vessel registered in a country other than Ghana or ovned vholly by persons other than Ghanaians, the penalty imposed by the Commissioner under subregulation (3) of this regulation may be prescribed to be paid in convertible foreign currency. (5) The amount of any civil penalty imposed by the Commissioner under subregulation (3) of this regulation shall take into account the nature, circumstances, extent and gravity of the contravention, and ~ith respect to the person responsible for the contravention the degree of culpability, any history of previous offences and such other matters as justice may require. 14. The Fisheries Regulations, 1964 (L.I.364) is hereby revoked. 15. These Regulations shall come into force on the day of , 1979. 422 GHA 43 FIRST SCHEDULE FISHERIES DECREE. 1979 (S.M.C.D. FISHERIES 11EGULATIONS, l979 Motor F 1shmu Vessel Licence (granted under regulation l (1)) Regulation 1( 1) Gross registered tonnage in metric tonrws .......................................................................................... . Fee paid: C The motor fishing vessel (name) llearino (letter and numbed and owned by of is hereby licensed to be operated anci navigated within Ghana for the purpose of taking fish therein from the day of . 19 ....... , both dates inclusive. 2, This licence is subject to the following conditions:• Issued at this day of , 19 ........ . Licensing Officer 423 GHA 44 FISHERIES REGULATIONS, 1979 SECOND SCHEDULE Regulation 1 (2) (A) LICENCE FEES FOR FISHING VESSELS OTHER THAN TUNA VESSELS BUILT OR REGISTERED IN GHANA Gross Registered Licence Fee Tonnage Ar.11•1,;I Quarter ··-- --- --·-·--·--- ... -· Up to C C 15 tonne, 64 18 16 - 50 112 30 51 - 80 128 35 81 100 184 50 101 - 150 224 60 151 - 200 272 72 201 - 300 304 80 301 - 400 336 88 401 - 500 368 95 501 - 600 480 125 601 - 700 500 135 701 - 800 550 145 800 and above 600 160 424 GHA 45 (BJ UCEf\lCc FEES FOR TUN.A VESSE, .. S Category ( 1) Tuna vessels 'Nholly owned by Ghanaians (2) Tuna vessels Partly owned by Ghanaians (3) Chart;:)rcd tuna vessels (4\ Foreign tuna vessels or carriers used for tuna transhipment i5) Ghanaian owned tuna vessels or :arriers used for tuna transhiomerit (ti} Long liner runa vessels which call u Gt-ana ports for not more than twice .. vea; Licenet> Fee Same as specified in Part iA1 for r •ilf.:-• fishing vessels other th&f' tuna vessels. C50.00 per gross registe:ed tcr•r-.,9r, ~· vessels per annum. US f1150.00 per gro$~ ·egi:.terea tonnage of vessel per annum. US S200.00 oer call. C200.00 oer call. US S~,000.00 per call. --- ------.. ······-------··· 425 Permit No ............... . GHA 46 FISHERIES REGULATIONS, 1979 THIRD SCriEDULE SEINE NET PERMIT {granted under regulation 3 ( 1)) Permission is hereby granted to Regulation 3(1) of to use one seine net in the river, within the dist·ir:t until the 11st December, 19 ......... .;ubject to the following condi 11ons: Issued this day of • 19 ...... . 426 GHA 47 FISHERIES REGULATIONS, 1979 FOURTH SCHEDULE Regulation 6(2) IMPORT/ EXPORT PERMIT FOR LIVE. FISH (granted under regulation 6(2)) Permission is hereby granted to of to •import intoiexport out of Ghana live fish of the description and in the 1..1uantity specified hereon. Description Quantity This permit is subject to the following conditioni: · Issued at this day of , 1S .. Licensing Office, •strike out whichever is inapplicable. 427 GHA 48 Regulation 10(2) FIFTH SCHEDULE THE FISHERIES REGULATIONS, 1979 CERTIFICATE OF COMPETENCY - FISHING COXWAIN (granted under regulation 12(2)) l hereby certify that of is competent to serve at a Fishing Coxwain In charge of a motor fishing vessel. L,icensing Officer Photograph of Holder Signature or right thumbprint of Holder 428