Fisheries (Amendment) Regulations, 1997 (G.N. 189 of 1997)

GOVERNMENT NOTICE No. 189 published on 6/6197 THE FISHERIES ACf, 1970 (No.6 OF 1970) REGULATIONS Made under section 7 THE FISHERIES (AMENDMENTS) REGULATIONS, 1997 1.--(1) These Regulations may be cited as the Fisheries (Amend ments) Regulations, 1997, and shall be read as one with the Fisheries Regulations, 1989hereinafter referred to as the "Principal Regulations", (2) These Regulations shall be deemed to have come into operation on the First day of March, 1997. 2. The Principal Regulations are amended in paragraph 2 by inserting the following interpretations in their respective alphabetical order: 503 Citation and eftoc tivedate G.N. 317 oflS19189 Fishe'~s (Amend~nts) G.N. No. lIN (rollld.) "approval number" means an identification mark consisting of letter(s) followed by the three or more figures allocated to a fish processing establishment, by the Director of fisheries or any other competent authority; "aquaculture products" means all fishery aquatic products bora and raised in controlled conditions until placed on the m,rket as food stuff or for any other utilization. However, sea watt!r or freshwater fish and aquatic flora of commercial size caught in their natural environ ment and kept alive to be sold at a later date are not considered to be aquaculture products if they are merely kept alive without any attempt being made to increase their growth performance; "beach seine" means a fishing net desianed to hanl vertically in the water, the ends being drawn together to the beach while the foot rope drags through the fishing ground; "fish processing establishment" means any premise or vessel where fishery products are prepared, processed, chilled, frozen, packed or stored. except that auction and wholesale market in which only display and sale by wholesale takes place are not deemed to be a fishprocessing establishment. 3. The Principal Regulations are amended in paragraph 11 by adding the following new sub-paragraph "(8) The inspection report of a fishing vessel or a fish processing establishment shall be submitted in writing in form l(b) and l(c) respectively as prescribed in the First Schedule". 4, The Principal Regulations are amended in sub-paragraph (7) of paragraph 13by deleting clause (c) and substituting for it the following: "(c) No person shall export or cause another person to export fishery products unless he has complied with the grading and pricing scheme as issued by the Director of Fisheries. 5. The Principal Regulations are amended in paragraph 16 by addiog the following new sub-paragraph "(g) the layout and construction of fish processing establish ment;" "(h) the allocation of an approval number to a fish processing establishment that conforms to layout and hygienic standards set by the Director of Fisheries, " 7. The Principal Regulations are amended in paragraph 28 by adding the following new sub-paragraphs immediately after sub-paragraph (2} "(3) No person shall. as from the First day of March. 1997 possess or use or cause another person to use or possess beach seine in any lake. dam, river. estuary or reservoir", 504 Fisheries [Amendments) Ci.N. N". IHY tcontd.) "(4) Where the court convicts any person of an offence commit ted against paragraph 28 of these Regulations the court may order that the vessel. fishand fishinggear beforfeited to the government: Provided that. the provisions of sub-paragraphs (2). (3) and (4) shall not apply to a Research Institution ·to whom a special license bas been granted by the Director of Fisheries". 8. The Principal Regulations are amended in paragraph 30 (8) by renumbering paragraph 30 as sub-paragraph (I); (b) by adding the following new sub-paragraph "(2) No foreign fishing vessel shall enter the territorial waters with the intention of seeking or fishing license either by way of change of ownership or change of vessel "ag without prior consent in writing by the Director of Fisheries" . 9. The Principal Regulations are amended in paragraph 43 by~ (a) deleting the word "ten" which appears in clause (a) and substitut ing for it the words "three hundred". (b) deleting the word "twenty" which appears in clause (b) and sub stituting for it the words "five hundred". 10. The Principal Regulations arc further amended in sub-paragraph (I) of paragraph 44 by deleting the words "ten and "fifteen" wherever they appear in clauses (a) and (b) and substituting for them the words "three hundred" and "fifteen" respectively. SECOND SCHEDULE R MM MB COLUMN ONE R~gionlDi~"iC1 MARA . MusolrnI Urban . Musoma Rur.al . II. The secondSchedule to the Principal Regullllions is amended as follows: COlllMNTwo Mllrk FOURTH SCHEDULE t2. The Fourth Schedule to the Fisheries Principal Reguhllions is lImendcd hy adding the following to the list of fishing methods exempted from taking a licence. Fishingor harvesting of fish or aquatic ftord from a fish pond or a commercial farm~. PART II 13. The Fisheries (Inland Water) Regulations. 19H1 are amended by Ikletinl! figuf\.'S G.N. No. "1973 and substitutinlthereof the figures -1m". ~ of 1982 505 Fisheries (Amendments) G.N. Nil. IHY [contd.) FOURTH SCHEDULE-(contd.) PART III G.N. No. 14. The Fisheries (Authorised Officers Identification) Regulations 1983 are amended 81of 1981 in the 13th line to the Schedule by deleting the word "employed' and substituting thereof the word "appointed". PART IV G.N. No. 370 of 1994 15. The Fisheries (Prohibition of Use of specified Vessels or Tools) Rcgulations arc amended as follows: (a) by deleting the figures "1980" and substituting thereof the figures ·'1970". (b) in the Second Schedule: Main engine horse power at continuous rating (as stipulated in the manufacturers certificate) above 500. The Director of Fisheries shall establish a system of phasing out all fishing trawlers whose characteristics in terms of length. gross registered tonnage and horse power do not conform with those specified. (c) Fishnet or seine net locally known as "Juya la Kojani" whose foot rope drags through the fishing ground while the ends lire being drawn together. FORM I(Il) THE UNITED REPUBLIC OF TANZANIA (THE FISHERIES PRINCIPAL REGULATIONS. 19H9) (Rcgulution II (7) INSPECTION REPORT OF A FISHING VESSEL I. Namc of Fishing vessel . 2. Owner . J. Name of Captain/skipper .. 4. Engine and machinery . 5. Fire Safety equipment .. 6. Telecommunication equipment on board .. 7. Navigation equipment '" . 506 Fisheries (Amendments) (J.N. No. /89 (contd.] FOURTH SCHEDULE-(contd.) 8. Life saving appliances Iiferings . Iifejackets '" '" , " . raft . 9. Accommodation No of bunks for crew .. Mess for crew . 10. Toilets Number and location State of toilets .. II. Fishing gear on board. type and description .. 12. Cold storage facilities freezer capacity . freezing temperature .. storage temperature . 13. Food and drinking water storage facilities . are they available? .. condition (state their condition) .. 14. Others: first aid kit . cartons inner .. outer . seaworthiness . 15. Valid Certificate of seaworthy) Valid ship surveyors certificate) Name and signature of inspection officers } to be attached. Name and signature of Captain Iskipper ..................................................... 507 Fish~,;~s (Am~ndm~nts) G.N. No. /89 (comd.) FOURnf SCHEDULE-{colltd.} THE UNITED REPUBLIC OF TANZANIA THE ~SHERIESPRINCIPAL REGUL~TIONS. IlJIlIi APPLICATION FOR PRAWN FISHING LICENCE PART A I. N.me of uwlICr/CllllrtererlSub-chllnerer!Operator: 2. Nationality: ' ' . 3. Business Addn:ss: .. (Tel.) (Fall) .. 4. Office location: . S. Name of Company: ' .. 6. Share holders: (I) ' .. (2) . (3) . 7. Blinkers: . PARTB· (To be completed for each vessel) I. Period of vlllidlty . 2. Name of vessel .. 3. Year of construction .. 4. Orilinal na. state (country) .. S. Currently flying the nllg of .. 6. Year of acquisition . 7. Port of registry Reg. No .. 8. Fishing method . 9. Gross Re&iltered tonnage . 10. Radio c;,all signlll . I J. Overllll lengtll (meters) .. 12. bow (meters) . 13. depth (meten) .. 508 Fisheries (Amendments) a.». No. UN (col1I1I.) FOURTH SCHEDULE-(eonld.) I·t Construction material for the hull . 15. Engine power 1ft. Speed (knots) '" . 17. Cabin capacity . IX. Fuel tank capacity . 19. Fish hold capacity . 20. Freezing capacity (tonnesJ24 hrs) . 21. Freezing system used . 22. Colour of hull . 23. Colour of superstructure . 24. Communication equipment on board .. (a) transmission frequency . (h) receiving frequency . Declaration I certify that to the best of my knowledge the above particulars are true. Dale Name Signature ofApplicant N. B. Initial application III be accompanied by two (recent) side view colour photographs of the vessel. FORM I(c) THE UNITED REPUBLIC OF TANZANIA THE FISHERIES PRINCIPAL REGULATIONS. 19K\) (Regulation 11(7) INSPECfION REPORT OF A FISH PROCESSING ESTABLISHMENT PART A COMPANY PARTICULARS I. Name and address of company/owner . .................................................................. . 509 Fisheries (Amendments) G.N. No. /89 [contd.) FOURTH SCHEDULE-(contd.) 2. Share holderslDirectors: 3. Bankers . 4. Office location .. TellFax . PARTB ESTABLISHMENT DETAILS \. Location .. 2. Area (m~) . 3. Year built: . 4. Walls: 4.\ Construction material .. 4.2 Finishing: . 4.3 Colour: . 5. Floor: 5.\ Construction material: 5.2 Slope (direction) . 5.3 Is the floor graved or ribbed . If so what is the direction of the grooves . 5.4 Junctions between floor and walls (how are they) .. 510 Fisheries (Amendments) C.N. No. /89 (contd.} FOURTH SCHEDULE-(con/d.) 6. Drains: 6.1 Construction material 6.2 Are they of adequate size .. 7. Withdraws: 7.1 Distance from floor . 7.2 Condition of sill and frames . 8. Doors: X.I Material .. 8.2 Are they self closing . 9. Ceiling: 9.1 Material: .. 9.2 Condition: . 9.3 Colour: . 10. Ventilation and lighting: 10. I Condition of ventilation openings 10.2 Minimum illumination: .. II. Processing line layout: 11.1 How is the processing nne i.c. from reception 01 raw tish to cold storage 11.2 Cleaning procedures/table: .. 11.3 Position of toilets and (comment on condition) .. 11.4 Number of employees per toilet 511 Fisheries (Amendments) G.N. No./H9(contd.) FOURTH SCHEDULE-(contd.) 11.5 Washhand basins: .. How are they operated . 12. Supply of hot and cold water: 12.1 Source: . 12.2 Quality: . 12.3 Is chlorination system available? . 13. Ice production: 13.1 Condition of water used: . 13.2 Any other chemical added: . 14. Staff amenities: 14.1 Lunch rooms availability .. 14.2 Changing rooms for both sexes (are they available?) .. 14.3 Lockers 'for each employee (are they available?) .. 14.4 Shower rooms: .. 14.5 Availability of aprons, gloves, boots, hairnets and other accessories) 15. RefuseJoffals storage facilities: 15.1 Location . 15.2 Are they protected against rodents, birds and insects? .. 16. Equipment. utencils, working surface: 16.1. Material: . 16.2 Number of equipment: . 16.3 Condition: . 17. Do they own a laboratory? .. 18. How is the waste water disposal system? .. 512 Sales Tax (Remission) (Muungano wa Jumuiya za Wafanyakazi Tanzania) Ci.N. No. 189 (contd.) FOURTH SCHEDULE-(contd.) 19. Is the management aware of the Hazard analysis Critical Points System (HACCP)? ... \ , Names and Designation of Inspectors: I. . 2. . . Date: . Dar es Salaam, 5th April, 1997 ZAKIA H. MEGHJI, Minister for Natural Resources and Tourism