Revised Rules and Regulations governing fishing within the Republic of Liberia, 1973

LIB 4 3) FISHERIES REGULATIONS (a) Revised Fishing Rules and Regulations, 1973. Under the authority of the Act of Legislature passed and approved January 30, 19~ creating the Department of Agriculture and Commerce, these Revised Rules and Regulations are hereb,y promulgated for the purpose of regulating and controlling the Fishing Industry of the Republic of Liberia. TITIE: These Revised Rules and Regulations may be cited as the Revised Fishing Rules and Regulations of the Republic of Liberia and shall apply to all fishing activities of the Republic - Marine and Fresh water. DEFINITIONS : 1- "Fish" - All aquatic and semi-aquatic animal life and all remains therefore shall be considered for the purpose of these Revised Rules and Regulations as fish. 'l11e term includes but is not limited to scale fish, molluscs, crus. taceans, chelonians, sponges and coral. 2. "OJmmercial Fishing" - .Any operation for capturing fish for sale shall be con· sidered for the purpose of these Revised Rules and Regulations as eonxne"rcial" Fishing. 3. "Fishing Gear" - my contrivance used to capture fish shall be considered for the purpose of thase Revised Rules and Regulations as Fishing Gear. 4. "Fish1ng 'Vessels" -l'J1Y structure which is made to floar. upon the water, and which is used for fishing shall be for the purpose of these Revised Rules a~ and Regulations, be Q,()nsiderod a fishing vessel. 5. "Fishing Waters" - "Liberian Waters" "Uaters" - All bodies of water falling under the sovereignty of the Republic of Liberia. The term includes but is not l~tQd to all surface, tida, inland and territorial waters of the Re public of Liberia. 6. "Foreign Q)amercial Fishing" - Any operation for capturing fish for sale wbicl is primarily conducted or engaged in by persons natural or corporate, who are not citizens of the Republic of Liberia. 7.. "IXxnestic Coctmercial Fishing" - Any operation for capturing fish for sale which is conducted or engaged in by persons, natural or corporate who are citizens of the Republic of Liberia. 8. "Territorial Sea" - The 1'erritorial Sea of the Republic of Liberia extend9 to a distance of 200 (two hundred) nautical miles from the base line of the Republic of Liberia. REQUIREHENT FOR FISHING: Any person, company or corporation desiring to fish in the vaters of Libe~ia, Harine and/or fresh water, shall apply to the Bureau of Fisheries, and upon fulfilment of the requirements prescribed by the Bureau of Fisheries, and upon recommendation of the Minister of Agriculture to the Hillister &f Finance, a licence may be obtained. The license fees shall be fixed by G:>veranent from time to time as circumstances may "arrant • .Ul fish and fish resources extracted from the Territorial Sea of Liberia shall be landed "'ithin the Republic of Liberia and all vessels registered by the Hinistry of Agriculture to fish within the Territorial Sea of Liberia shallbe physically based in hi b8];1a. 711 LIB 5 QUALIFICATION FOR LIBERIAN FI SHING CCMPANY : The Ministry of Agriculture shall not register any fishing vessel to fish within the Territorial Sea of the Republic of Liber{~ except such vessel shall be owned by a per son, partnership, corporation in which there is controlling Liberion interest. REGISTRATION OF COMMERCIAL FISHING VESSELS AND GEAR (AND PLACE OF REGISTRATION): All Commercial Fishing Companies shall rogistor all their fishing vessels and gear in the Bureau of Fisheries. All fishing vessels and gear now in use in Liberia shall be registered thirty (30) days after the passage of these Revi~ed Rules and Regu lations. !btice will be given as to the time limit for such registration. PAYl-IENT OF FISHING LICENSES FEES: All fishing license fees for fishing vessels al~ gear shall be paid to the Bu reau of Revenues upon presentation of the application signed and approved by the Director, Bureau of Fisheries and the Minister of Agriculture respectively, and an Official Receipt shall be presented to the Bureau of Fisheries for recording. No fishing license shall be considered valid except it is registered in the Bureau of Fisheries. All fishing vessels duly registered and licensed to fish in the fishing waters of Liberia shall be conspicuously marked on both the ,"'ort and starboard bows with the of ficial registration mnnber issued by the Bureau of Fisheries of t he hint s t ry of the Agri culture • .'iJch marking shall be carried out under the supervision of ~!1 aut ho r i zed r ep re ; sentativc of the Bureau of Fisheries. Any vessel engaging in commercial fishing in the territorial sea of Liberia without official marking shall be deemed to be unlicenced and unregistered, and in viola tion of these Revised Rules and Regulations and the laws of Liberia. 225.00 75.00 40/50.00 40/35.00 15.00 ANNUAL FISHING LICENSES FEES: Yearly fishing license fees for fishing vcssels fishing in the waters of Libe ria are as follows : 1~ Fishing vessels over 50 ft ••••••••••••••••••••••••••••••••••••• $ 2." " up to and including 50 ft •••••••••••••••••••••• 3~ Gill-netters ••••••••••••••••••••••••••••••••••••••••••••••••••• 4. Beach seiners •••••••••••••••••••••••••••••••••••••••••••••••••• 5. ~ort fishermen •••••••••••••••••••••••••••••••••••••••••••••••• PROHIBITED: Jb fishing ,cOt'!lPany .or ,corporation without controlling Liberian interest shall be granted license for commercial fishing in the waters of 'Liberia. No person, company or corporation shall engage in corrrnercial fishing in the wa ters of Liberia, marine and/or fresh water without valid license. Any person, company or corporation found fishing in any of the waters of Liberia without n valid license shall be violating these Rules and Regulations. The vessels of such person, company or corporation, shall be seized, the fish on board confiscated, and the owner of such vessel or vessels shall be fined not less than twenty dollars ($ 20.00) and not more than two hundred dollars ($ 200.00) and not more than five hundred dollars ($ 500.00) for every subsequent offense. Any foreign fisr.1ng vessel caught fishing in the te~ritorial seas of Liberia without a valid license or permit from government shall b~ seized, the fish on board confiscated and the owner fined nor: less than five thousand uollars ($ 5000.00) and not more than fifty thousand dollars. !'b fishing vessel with hired crevs shall be granted license co fish in the r:er ritorial seas of Liberian which does not carry life-saving gear for all of its crews. Any type of fishing gear found hannful to the fishery resources of Liberia may be prohibited from further operation. FOr the purpose of collecting odd samples and other data for the records of the ~'eau of Fisheries, the Bureau of Fisheries may place any of its personnel on any fishing Vessel operating in Liberia. For the purpose of controlling the fishing industry of the Republic, the coast line of Liberia shall be divided into such zones and diVisions as may be detennined by the Bureau of Fisheries from time to time. h~en any type of gear is considered sufficient in anyone of th~se zones, the Bureau of Fisheries may refuse to issue further approval for that.type of gear for that area. The Bureau of Fisheries may set <;;>ide any area for special fishing and for any other purpose. 712 LIB 6 n~O:';IBl'~IO:'! OF DYNAMITING AND ~J1tTER POISONING 1'0 CAPTURE FISH: To conserve both IMrine and fresh ""dcer life and to lIIdintai n a Sustained yield of aquatic life both for their e couo.nt c and recre~tional values, dynamiting, and water poisoning a s Q means of ca(:Jtu.rlr,g £i51\ or any ocher r.;.ariae or aquatic life as set forth in these Rulos and Ragulat:ions. is horeby prohibited in all the waters of Liberia. No person shall d ynarnf t a or use poison at any time in the ~:aters of Liberia, fresh or marine, as a means of ca,turing fish except for scientific investigation purpose only, nnd for luch reason a special permit shall be granted by the ~~nister of Agriculture or an authorized ~epresentative. No person, Firm, 'Company, Corporation or official of Government shall obtain any dynamite or poison for any private individuals except for industrial or scientific investigation purpose only. All persons legally holding dyn~Qite or (fish) po1~on in their possession shall keep s ame under look and key. Any p ecson carelessly s t or i ng d ynami t e , or poison and thereby permi tine same to fall into the haud s of dynami t e and water poisoning fishermen, shall he guilty of n:isdem.canor an.l shIJ1.1 be pena lt zed accord Lng to law. My canoe or boat used for dynamiting or "atr.r poisoning when caught shall be confiscated except where it Can be proved t hac such canoe or boat was stolen. Duly appo tnt ed and authc r i zed personnel of the Bureau of Fisheries may, at any time without notice, query any ,· ..rson in possession of £rcsh fish as to the means of captur.e or acquisition of such fish, and if said lneans are found to b~ or are suspected to be in contravention of these Revised Fishing Rules and Regulations the fish shall be confiscated, and the seller or olmer arrested and brougrt: before the Director of the Bureau of Fisheries for further investigation. P ENALT'{C Any person caught dynami ting or poisoning ""::lter or other..r1 sa found guilty of corit r avent ng the dynamiting rc(;Ulotions sha l ; be fined the surn of Ufty doll.lu:a (~ 50.00) or in~risoned for three months or both for the first offense and for every subsequent of. fence shall be fined one hundred dollars ($ 100.00) doll~rs or imprisoned for six months or both. Any person found guilty of supplying allother with dynamite or poison in contravention of these Revised Rules And ~egulations shall ~ fined the sum of one hundred ($100.00) dollars for the first offence and two hundred (S200.00) dollars for every subsequent offence. HO~Y REQUIREMENT FOR FISHERHEN AND PROCESSORS: All comme.cial fi~hc~l~n are re~uired to oubmit a quarterly roport on a monthlT basis of their catch (and landing) to the Bureau of Fisheries on the 20th dny of the last month each quarter. All processors :ihall likew1se submit a quarterly report on a monthly basis of fish processed during the quarter. Such report shall show : 1. The tonnage (quantity by boxes) of fish landed 2. The place the fish was caught ; 3. The species of fish caught ; 4. 'the type of geaJ: used J 5. !be approximate value of the total catch. If any person, Company or corporation is engaged in processing fish, a quart~ ly report on monthly basis shall be submitted to the Bureau of Fisheries. SUch report shall SMW I 1. !he kind or method of procell8ing 2. The Idnd of fi.h processed; 3. The quantity of fish processed I Ih The value of the fish processnd. f~y person, Company ~r Corporation found evading the above reeulations shall be guilty of contravening the [~vised Rules and Regulations gove rnt ng the Liberian Fishilll Industry and shall be fined in the sum of flve hundred dollars ($ 500.00). MESH REGULATION: Po: the purpose of 1l1<:11nta1n111S I.' sustained yield of the fishery, no person shalt fish with 4 trawl - net with a cod end sma~ler than three and half inches (3~) except ~ravlers fishing exclusively for shri~. Aj~ trawler-nets excep~ shrimp trawl-net fishi~ within the TGrrit~r':'al sea of Liberill 1ll<J!>t carry a cod-send mesh of three and half inch or larger. All shrimp trawlers may carry trawl-nets with cod-end mesh size of two 1~ che s (2") or harger. LIB 7 !'b beac.h seines with cod-end mesh size less than three inches (3") shall be fish d in the Territorial Sea of Liberia. The wings of such be ach seines may be two and half lch, three iilCh or four inch, (2<:.i or 3", or 4") mesh size according t:o the wish of the .•-ne r • No fishermen shall fish in Liberia Territorial Sea with herring gill nets with ~sbes less than two inches (2"). All nets with smaller than two inches (2") shall tloQt: permi tted to fish in Liberi a Territorial Sea. No pcrso~ shall buy or sell, or have in his possession, or expose for sale, or :1ttf"ac-t1Jr e for 5<Jh,t<1fishermen any netting (webbing) with mesh measurement less tan two Ilell (2") • stretched mesh. Any person found cont r avenf ng these Regulations s ha Ll, be pena i7,ed according to law. No person shall fish in stocked waters with nets (push nets) of less than three nch 171e sh (3"). For the convenience of fishermen, all mesh measurement: shall be "stretched mesh". the Bureau of Fisheries may close any area found to be breeding groundS for ;hrimos or any marine fishes for a defini.te s e ason in order to safeguard the eggs and youngs )f [;".a~inc life. All fishermen fishing in Liberian Territorial Sea are required to release all :rabs and lobsters caught and found with eggs. Any fishermen found with crabs and/or lobs :ers v.Lt h eg,g:;, shall be gui l t y of viol ating these Regulations, and shall be fined in the sum of (~ 5.00) dollars for each crab and/or lobster found in his possession with eggs. 4) INSTITUTIONAL PROVISIONS 5) SUPPLEMENTARY LEGISLATION Liberian Maritime Regulations, 1972. The Liberian Maritime Law, 1973 714