Fisheries Act, 1991 (Act No. 10 of 1991)

ACT ry l Fisheries Act) 1991. PART VI - Aquaculture (199V' 3 2. Promotion of.aquaculture 33. Leasing of public lands 34. Aquaculture permits 35. Offences concerning aquaculture PART VIIo-Marketing and Processinq 36. Marketing regulation schemes 37. Processing establishments 38. Power to make regulations on fish processing PART VIII - Prohibited Fishing Methods 39. Prohibited methods of fishing 40. ~ossession of prohibited gear PART [X - Powers of Authorized Officers 41. Power to stop, board and inspect a vessel 42. Powers oft::ntry, seizure and arrest 43. Fish and other perishable articles 44. Obstructibn of authorized officers 45. Authorized officers to declare office 46. Authorized officers not liable PART X ~ General Penalties and Legal Pro ceedings 47. General penalties 48. Penalties in respect of foreign fishing vessels 4~. Wilful damaqe of fishing vessels 50 Destroying incriminating evidence 51. Master liable for offences committed on his vessel 52. Companies and firms liable 53. Release of vessel on security 54. Temporary detention of vessels and other materials 55. Power of court to order forfeiture 56. Second or subsequent offence 57. Presumption 58. Disposal of forfeited goods 59. Proof of cause of death or injury of fish 60. Jurisdiction of the Courts PART XI - Ganeral Provisions 61. Regulations 62. Rpnp;:; 1 ::>,.,,1 ,..,., .. ; Ho. ) Fisheries Act, 1991. (1991. ~terpreta­ tioa 20 In thie Act, unlee8 the context otherwise requires It aquaculture establis1lllent" means anY' area. enc~osure, iJlpoundment, premises, or structure set up or used fox:. the cuJ.tivation of fish and includes any cult~Tated oyster or. other shellfish bed, or raft of other structure used for the cul,. tivation of oysters or other shellfish; "aquatic ani~"II includes any aquatic !!IJImms1 and its young, fry, etgs or spawn, sh~fish, crusta ceBn!, br turtle; "author.ised officer" means a fisheriee officer~ police officer, officer of' the Gambia Marine Unit, customs officer;, or anY' other person authorized by the Director to execute any of the provisicne of this Act ,and for the purpose onlJ' of entorcing the provisions of Part VIII or any regulations made there .under, any health officer appointed un der the Public Health Act, 19~9; "Director' means the Director of Fisheries; "export processing establishment" lleaIll5 any fish proce~sing establishment, the products of which are intended whollJ or partiall;r for e:::r:port from. The Gambia; "iiMa l1eans any aquatic a~i.mal, vhether pil5cine or not; "fisheriel5 officer" means any officer appointed un der Sectioil 3; "!il5hins" Jleanl5 fishing tor, searching for, catching, taking or killing fish, by any method and inc~ucles the procel5sing, 15torage, tranahipaent, refuelin! or 8Upplying of other fi8hing vesse18 or ey other act! vit;r in 8'O.pport of fishing operational 1 Fisheries Act, 1991. t!fishing vessel" means any vessel used tor fi5hing or for the processing, storage, tran shipment, refueling or supplying of other fishing. vessels, or used for any other acti vity in support of fishing operations, except a vessel used for the transportation of fian or fish ~roducts as part of a general cargo; (1991. "fisheries waterfS" means the inland waters, the territorial sea, the marine waters of ~he Gambia exten.ding from a distance of 200 nau tical miles from the baselines from which the territorial. sea is measured and to the north that are within a line following the line of longitude 13°35' 3611 N and to the south, that are within a lin~ starting on 'the south bank of the River Allahein (or San Pedro)",9 the co ordinates ·of which are latitude 13°0,3'51" N and' longitude 16°44'49"W~ and from there sou thwest to a po~t the coordinates of whigh are latitude 13 01 t 21'11 and longitude 16 451 19''W and from there in a northerly direction to a po~t the coez-dfnat ea of which are long itude 13 031 Z7"N .and latitude 16 045' 2i3''i{ and ther.aftcr along the parallel of latitude 13 0 03!.a'7-"N 1 and any other marine ....aters over v hich sovereign rights and jurisdiction over the ma rine living resources may be exercised by The GBJZIbia for the purposes of international la..... ; "foreign fishing vessel" means any fishing ves sel other than a local fishing vessel; ''Fisheries Advisory Committee" means the cornmittee established-under section 5; "licensing officerll means the Director, or any other fisheries officer authorized by the ~r­ ~ctor in writing to issue licences under this Act; "local cOlllpany" means a company incorporated under the laws of The Gambia and having it.a principal place of business in The Gambia: Ho. oj Fisheries Act, 1991. (199L Act No.4 of 1968 .(a) of ·which all of the shares are owned by i citizens of The G8JI1bia or by a fishermen's c~operative aooiet~ or other association of which all the members are citizens of ~e Gambia; or (b) wiu.cl1, in view of the substantial nature of the participation by citu.ens of '~e Gambia in. the shareholding of the com pany or other benefits accning to The Gambia, bas been designated by the Mini ster by notice published in the Gazette as being a local company for the purposes of this Act; "local fishing vessel" means a Iishing vessel: (a) wholly owned by the Government of The Gam bia, or by a public corporation or other statutory body established by or under the laws of The Gambia; or (b) w1:.o11y owned by one or more persons ...ho are citizens of The Gambia; or (c) wholly owned by a local company; "Ministerff means th.e Minister responsible for the administration of this Act; ":proce-ssing" in relation to fish, includes clea ning, filleting, icing, freezing, canning, salt ing, tmIoking, cooking, pickling, drying or other wise preserving or preparing fish by any method; "processing establishmeJlt-" means any premises or vessel on or in which any fish are processe9 or stored, but shal~ not include hotel restaurant or eating houss, or any premises where fish are prepared or storea for sale by retail to t~e public; "territor~ sea" means t-ke t.erritorial sea of Thoe GalIIc·:i:.a IH5·definedby- the ·'l'errHoriaJ. Sea and 'Centi-· gu.o~ lZo•• Act, 1968. Director and other fisheries officers Fisheries mana gement 'and deve lopment plans Fisheries Act, 1!r.:11. ~ART II - Administration 3. (1) The Public Se!1Tice Commission TDJ!J.:Y app oint a Director and such other fisherie~offi cers as may be necessary to carry into effect the provisions of this Act. (2) The Director may, in writing, delegate the exercise of any or all of the powers and functions conferred upon him by this Act to any fisheries ofiicero 4. (1) The Director shall prepare and keep under continual review plans for the management and development of inland and marine fisheries in the fisheries waters. (2) Each management and d~~~lopment plan shall be based on the best:.scientific informa tion available and shall ensure the optimum utilization of the fisheries resources for the benefit of the people of The Gambia. (3) Each fisheries management and develop ment plan shall include: (a) an identification of the major fisheries or fisheries management areas concerned and the assessment of the present state of their expl oitation; (b) a statement of the objectives to be achieved in the management and deve lopment of the fisheries or fisheries management area~ (c) the specification of any managem~nt and development measures to be taken and policies to be adopted vith rea pect to the fisheries or fisheries management area~; (d) an indication of the lll8.in requirements for statistical inforuation on fisheries and the means to be used to obtain such information; Mo.· ] (199L Fisheries Act, 1991. (e) the specification, where appropriate, of any licensing programmes to be followed for any fishery or fisheries management area, any limitations to be 'applied to local T.lshing operations and the amount of fishing, if any, to be allo cated to foreign fishing vesselsj and (f) such other matters as may be necessary to provide for the proper management and development of the fisheries or fisheries management areas. fisheries Advisory Committee Functions of Com mittee 5. (1) There is hereby established a committee to be known as the fisheries Advisory Committee which shall comprise of (a) the Permanent Secretary, Ministry of Matural Resources, aDd the Environment as Chair man; (b) the Permanent Secretary, Ministry of Industry, {rade and Emplayment; (c) the Permanent Secretary, Ministry of finance and Economic Affairs; Cd) two representatives from the fishing community nominated by the Mi~ister; and (e) the Director as Secretary. (2) The Chairman may invite any person or institution to attend and participate in the proceedings of the Committee if in his opinion or on the advice of the other members of the Committee such person or institution posse~ses expert know ledge that may be useful to the Committee. 6. The functions oi the Fisheries Advisory Committee shall be (a) to assist in prbmoting the development of the fisheries sub-sector.; (b) to monitor important fisheries development projects and advise the Minister accordinglY1 and (c) to deal w~th such matters as may be referred to it by the Minister. Q.uorum Director to promote the developm.ent o f fisherie~ 7. (1) In the ezerciE:'e ot' ·its powerp. and rtne tionp under this Act, the quorum of the '1il;herle" .Advisory Catttlll1.'t;t.ee Shall be four.. (2) The fisherie~ CQlIIIlittEte shall in the con duct of its business determine itl?- own rules of procedure .. PART III - Fisheries Development Mea.sure."! 8. The Director shall, in co-operation ~ith such other department::: of Govemment a.s may be nece~F.ary. and in a.ccordance with any fi~heries management and developm.entplartprepared under section 4. promote the deve+~pment of traditional and industrial fit:h eries and. related industries in The Gambia., through (a.) the provision of exten:o::ion and tr&ining services; (b) the provision of credit fa.cilitie~; (c) the promotion of' co-ope:ration among fie-h ermen: (d) the provi~ion of infra.~tructure facilitie:o-, (e) the development of domes t Lc and fonign ma.r ket~ for fi:o:h and fi r h product..,; . (r) r-e s earch and ro..rvey work:; (g) the promotion of co-opera.tion vith neighbou :ing sta.tes regarding reciprocal fi!"hing rights and joint de~lopment mel1~re~; (h) the promotion of joint ~ture &nangement:: with. other countrie:o:: or their nat1ona.lr-- and s-uch other a.rrangement~ providing for the t r&D.sfer of technology and e:q>erlence a.,: may be necessary; and (i) the develop!!erlt or a l.oca.l.ly based fbherlelF industry. FisherIes Act, 1991. 11991. F1~rb8 Deve- 9. lopUnt Fund (1) ~There shall be established a Fi~herie~ Development Fund which shall consdsf of lpplioa.t1on for licences Licenl!ing of fishing Ye~el Ca.) twenty percent of the proceeds of any fees paid for licences or permits it:'ll;:'Ued under this A.ct; (b) twenty percent of the proceeds of any out of-Court settlement or the proceeds of sale of any article or thing foriei ted in accor dance with the provisions of this Act; (c) twmrty percent of any compensation paid by virtue of any fisheries agreement entered into with another country or organisation; (d) such moneys as may be appropriated to it by Parli8lIen t; and (e) such voluntary contributions as m~y be made to the Fund from whatever source. (2) The Fund shall be ledged in a depol:it account with the Accountant General and shall be adminis tered by the Fisheries Advisory Committee which may authorise the Director to make such withdrawals a:::- may be necessary to finance the &ctivitie8 identified unde~ subsection <:~) ... (3) The proceeds of the Fund Ehall beiu~ed to promote the development of fif"heries in The Gambia and , in parti cula.r, to promote S'Il&ll ~cale fiFherleF :1.ndus-tries and co-operative ent.e rprd ses , (4) The Accountant General F"hall be re~ndbI~ for preparing the accounts of the Fund which shall be &udited by the Auditor GeneraL PART IV - Local Licensing Prcvi.sd.cn s 10. An application for a licence shall be made to the Director in such fom as may- be prescribed by regulation. 11~1) The Director may, upon applica.tion and payment of ''the prel!oribed fee, issue a licence for any iocal fishing veel'lel upon the approval of the Minister. J Fisheries Act•.1991. Of" .0...... = (1991. Power to refuse to issue a licence Power to 6ulSpend or cancel licence AppeallS (2) .Notwithstanding subsection (1) the Director shal.L not issue a licence in respect ,0£ a vessel unless such vessel: (a) is registered under the La....s governing merchant shipping; and (b) is seaworthy and £it for~he purpose o£ f'Lehfng and conf'o rms with such requirements as may be applicable to such ve~sel under the laws governing merchant r--hipping, including requirements of navfgat Lon of sai'ety equipnent. (3) A licence issued under this section shall be'valid only for the !Species of fish and the type of fishing g.ar or method of fishing sp ecified in the licenceo (4) The Minister Ila.y~ by. regulation, establish different categories or classes of fishing vessel and require that different £ees be pay able for, and different conditions be attached to, licences issued ip respect of each cate gory Qr class of fishing vesselo 120 The. Director lrIB.y refuse to issue a lic ence for which application has been made~or re£uae to renew a licence : (a) where the applicant is un£it to hold Buch··licence; or (b) where he considers it necessary in order to alloy for the proper manage .ent of an,. particular fishery taking into account the terms of any fisheri es management and development plan pr~ pared under Section 4 and any general licensing instructions issued by the Director in implementation of that plan. 13. Where the holder of a licence is convicted of an offence under the provisions of this Act or any regu lations made thereunder, the ~irector may suspend the use of such licence for such period as he may think rit, or cancel Boch licence. 14. Any person aggrieved by the refusal of the 01rec~ tor to issue or renew a licence, or by the B~pen sian or cancellation cf a licence already issued, may appeal against such refusal,. suspension or cancellation \-,';~\-,.j .,h ..4 .... 'V'r;- +> . ..... I--\-, ~ ....... ~ , •. ;" •• 'L. ~&"••• " a. ) Duration· of licence Non-trans ferability of licence15 Licence conditions Fishing co ntrary to condi tions in licence La.ps~.J)f licence where ves sel. ceaaeB to be loc al 11991.. Fisheries Act, 1991. 15. A licence shall, unless suspended or cancelled in accordance with section 13, be valid tor a period at not more thim one yea:r. 16. No licence issued to a local !islling vessel shall. be transferable except ...ith the written permission of the licenBing officer endorsed upon the lice.I\.ce. 17. A person who is issued ~ith a licence in respect of a vessel under this Part shall: (a) comply with such requirement a aa the making of statistical returns or the collection of information as may be prescribed in any regulationa; (b) mark the vessel with such letters and numbers as may be assigned to that ves sel by the licensing officer, in a man ner prescribed by regulations made under this Act; and (c) comply with navigation and safety equip ment and such laws and regulationB(-,~ may be applicable to a vessel under the la....s .governing merchant shipping. 180 A person who operates, or being the owner or char terer iifows to be operated" a local fishing vessel in the fisheries warers, except under and in accordance with the conditions of a valid licence issued under this Act, commits an offence and shall be liable on conviction to a fine not exceeding one hundred thou sand dalasis, and in default 'to a term of impri50DJIlent not exceeding three years. 19. Where a local fishing vessel at any time' ceases to be a local fishing vessel within th'; meaning of section 2 a licence issued in respect of that vessel shall. cease to be valid forthwith. fishingfishing foreign vessel without licence without licence op F a fo inging I FisheriesAct, 1991. (1.991. Fisheries access agreements (2) For the purpose of giving effect to any arrangement or agreement entered into under subsec tion (1), the Minister may by Order published in the Gazet t e: (a) authorize any competent regional or ganization to issue fishing licences in respect of foreign fishing vessels On behalf of the Minister, within the limits set out in the Order; (b) exempt from any of the requir~ments of Section 26 any foreign fishing vassel. or class of foreign fishing vessels holding a valid regional fishing lic ence issued by a competent regional organization. (c) prescribe the conditions to be obser ved by foreign fishing vessels exempt ed under paragraph (b) .while fishing or navigating in the fisheries waters. 220 (1) The Minister mayan the advice of the DirectoL enter into fisheries access agreements with other states and associations representi~g foreign fishing vessel owners or charterers, providing for the allocation of fishing licences to vessels from those states or associations. (2) The fishing licences allocated under agree ments entered into under subsection (1) shall not autho rize fishing which in total exceeds the total rcsourccs or amount of fi~hing allowed to the appropriate cate gory of foreign fishing vessels under the fisheries plan. (3) Any agreement enter.d into shall include a pro vision establishing the reponsibility of the forei"gn state or association to t.; !0C' necessary measures to ensure com pliance by its vessels with the terms and conditions of the agreement and with the provisions of this Act rela ting to fishing in the fisheries waterso research or surveyresearch or survey Fisheries research or surveyor survey Obligation to observe requirements of other laws StowageStowage of gear importationimportation of fishing vessels Fisheries Act, 1991. (199L .....~....~a": (3) ThiS Section ehall :not .aPPlJ" to a foreigo. fishirtg veseel which 'temporarily ~1:ers !l.'he Gambia in-the course ot licensed fishing operations. PARr VI: - Aquaculture Promot.ion ot aquacul ture Leasing of public lands Aquat:uJ.ture permits 320 The Director shall promote the development of aquacul-ture in The Gambia throUgh such 'means as the carrying out of research and extension servir.e2S and the' pramotia of. markets for the products of aquacuLe tureo 33. The Minister responsible for lands may on the request of the Minister provide suitable lands, for the purpose of establishing farms for the cultiva tion of oysters, shrimps, freshwater fish, or other aquaculture establishmentso 34. (1) A licensing officer may, upon application therefore in the prescribed form and upon payment of the prescribed !~Ot issue a permit to any person au thorizing such person to set up and operate the aqua culture establishment described in the permit in the area specified therein. (2) Any permit issued under this Section in re spect o£': any aquaculture establishment, including any oyster cultivation establishment whether based on land or at sea, shall confer Upon the permit holder exclu siv.e rights to harvest the products of the establish ment '.dthin the area prescribed in the permit. (3) JJJ.y conditions prescribed by a licensing .officer in respect of any permit issued under' this Section ms:J' include, but shal:l nU be liIlited to, (a) conditions concerning t{1e sl~ing and construction of the establishment; (b) controls over the quality and sani tary condition of fish or fish pro ducts; to a 1 Harketing regulatiop. schemes Processing establish ments' [1.991. Fisheries Act, 1991. (2) Any p~reon who t without the authority of the o-.mer or occupier of an authorized aquaculture establi sb:&ent, harvests the products of that establishment commits an offence and. shall be liable on conviction to a fine not exceeding fifty thousand dalasis or to a term of imprisonment not exceeding tvo years or to both such :tine and imprisoIUlento PA.RT VII - Marketing and Processing 36. (1) The, Minister may, by regulation, establish fish marketing regulation schemes coveringa:D.Y pres cribed area or areaBo (2) Any fish marketing regulation scheme adopted under this Section may include provision tor regulat~~ the landing of fish in the prescribed area, regulating the auctioning or other sale of fish, registering :f'iah buyers and dealers and controlling the distribution of fish, whether for export or for local consumption. 37. (1) A licensing officer may, upon application in the prescribed form and payment of the prescribed feest issue to any person a permit to opera.te a:D. export fish processing establishment. (2) Any person who operates or causes or permits to be operated on his behalf any export fish. processing establishment otherwise than under and in accordance ....ith the conditions of a valid permit issued under sub section (1) commits an offence and shall be liable on conviction. to a fine not exceeding one hundred 8.lld fifty thousand dalasis and in default to a term of i..mprisonnent not exceeding three years. (3) The provisions of this Section Shall not apply to any export fish processing establishment ....here fish is preserved solely by means of smoking or drying by traditional means. (4) Notwithstanding subsection (3) the Minister may, by Order, extend the provisions ot this Section to cover all export fish processing establishments or any category or type of export fish processing eatab lishment. Mo. ] Fisheries Act. 1991. (1991. .>over to Illake regu lations on fish pro cessing Prohibited methods of fishing 38. The Hinister, in consultation yith the Minister responsible for health, r&a.y make regulations: (a) establishing condit ion8 for the construc tion and .operation of fish processing es tablishments; (b) providing for the inspection of ti8h p~ c.eas:ing establishment and !i~h product s; (~) establishing quality standards and stand ard methods of analysis and- testing tor fish and!ish products; and (d) providing for licensizl.g schemes relating to fish intended for export. PART VII~ Prohibited fishing methods 39. (1) A person yho (a) uses or attempts. to use any explesiYe, poison or other noxious substance for the purpose of killing, sttmning, disabling or catching fish, or in B:D.y yay relldering such fish more easily caught; or (b) carries or has in his possession or control any explosive, poison or other noxious sub stance in circumtances indicating an inten tion of using such explosive, poison or other noxious· substance for any of the pur poses referred to in paragraph (a.); commits an offence and shall be liable on conviction to a fine not exceeding one million five hundred thousand dalasis and in default to a term of imprisonment not ex ceeding seven years. (2) Any explosive, poison, or other noxious sub stance found on board any vessel shall be presumed, UIl less the contrary is proved, to be inte.ded for the pur poses referred to in subsection (1). ] Fisheries A.ct, 1991. (199L Possess ion q! prohibi ted gear; etc. POwers to stop, board, inspect, .e~ (~) A.1Js' person who lands, sells, receives., or is found in possession of,· any fish, knowing or having re asonable cause to believe them to have been taken in contravention of the provisions of this Section commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand dalasis and in de fault to a term of imprisonment not exceeding five years. 40. AIry person who imports into or sells in The Gambia or uses for fishing or possesses or·has on board any fishing vessel within the fisheries wat.ers (a) any fishing net or netting· material, the lZ1eli!h size of which is less than the mini mum mesh. size foI' that type of net pre scribed in any regulations made under this Act; or (b) any other net or fishing gear or fishing appliance that has been prohibited under any regulations made under this Act; commits an offence and shall be liable on conviction (i) in the case of artisanal fishermen or ves se+e, to a fine not exceeding five thousand dalasis and in default to a term of .imprison ment not exceeding one year; and (ii) in. the case of induztrial fishing vessels·, to a fine not exceeding tliO hundred and fifty thousand dal.a.ais and in default to a term of iIllprisonment not exceeding four years. PART IX - POwers of authorized officers 41. For the purposes of enfoI"Cing this Act, any autho rized offiier may, without warrant: (a). etop and board 8l1y fishing vessel within the fisheries liatere or any local fishing vessel outside such waters, and make any No. ] Fisheries Act, 1991. [199L Powers of entry., seizure, arrest, etc: examination ooncerning that vessel, itS' ~uipment, fishing gear, crew, or fish carried ca board that vessel; (b) require to be produced, examine an" take copies of· 8J1y Jicencej permit, certifi cate or other document,required under this Act or any regulations made the:te under; and (c) require to be produced 8J1d examine any fishing gear, nets, or other fishing ap pliance, whether at sea or on laado 4~ (1) J:n.y authorized officer, where he has rea sonable grounds to believe that an offence has been committed w:i~ the provisions of this Act or any regulations made thereunder, may, 'Without a warrant (a) enter and search any premises, other than premises uSed exclusively as a dwe lling house, in which he has reason to believe that fish illegally taken are be ing stored; (b) take samples of 8J1Y fish found in a:Ily ves sel or vehicle in~pected under Se~tion 41 or in any premises searched under para graph (a) of this subsection; (0) arrest any person whom he has reason to belieyo has committed such offence; (d) seize any vessel ("including its fishing gear, furniture, appurtenances, Stores Qd ..n cargo), vehicle, 1'ishing gear, net, or other fishing applince which he has reason to believe has been used in the commission of such offence, or in respect of which the offence has been committed; (e) seize any fish which he has ~eason to believe llas been ca.ught in the commission of an offence, or is being possessed in contravention of this Act or any regula tions made thereunder; ) Fisheries Act, 1991. (l.991. Fish and other perishable articles Obstruction of authorized officers (f) seize any explosive, poison or other no xious substance which he has reason-to believe has. been used or is being poss essed in contravention of Section 39; (g) folloving hot pursuit as recognized by international lay and cClJImenc.ed within the fisheries vaters, ,!,top, board and search outside th~se waters any foreign fishing vessel which he believes has been used in the cO.lluds.sion of an of fence within those waters or in rela tion to which he belie'ves s.uch offence has been committed and bring such ves sel. and 8.ll persons and things on board it within those waters. (2) Any vessel seized ~der subsectIon {1) and the crew thereof shall be taken to the nearest or most conTenient port, and dealt with in accordance vith the. provisions of this Act. (3) A written receipt shall~ wherever feasible~ be giTen for any article or thing seized under sub section (1) and the grounds for such seiz~e shall be stated in such receipto (4) Any person arrested under the provisions of this Section shall be taken as soon as practicable be fore a court to be dealt 'With according to the law. 43. Any fish or other articles-of a perishable nature seized under the provisions of Section 42 may, on the direction of the Director, be sold· and the proceeds of sa-le shall be held and dealt 'With in accordance with the provisions of Part X~ of this Act. 440 ~ person vho, (a ) vilfully obstructs or assaults My a.utho rized officer in the exercise of any of the powers conferred on him by this A~t; or (b) fails to co~ply with any lawful enquiry or requirement made by any authorized of ficer in accordance ~ith the provisions of Section 41 j No. ) Fisheries Act, 1991. [1991. Authorized officers to declare office Authorized officers not liable General. penalties Penalties in respect of foreign fishing vessels commits an offence and shall be liable on conviction to a fine not exceeding five thousand dalasis or to a term of imprisonment not exceeding one ~ear, orto both such fine and imprisonmento 45- (1) An authorized officer nnt in uniform when acting under the provisions of this Act shall on de mand, declare his office and produce to any person against whom he is taking a.ct ion such ?-delit ification or written authority as may be reasonably sufficient to show that he is an authorized officer for the p~ pose of this Acto (2) It shall not be an offence for any person to refuse to comply with any request, demand or or der made by any authorized officer not in Wl!foim, if such authorized efticer refuses, on demand being made by such person, to declare his officE.. 'or pro duce such identification of written authorityo 460 No action shall be brought against any authoriz-. ed officer in respect of anything done or omitted to be done by him in good faith in the execution or pur ported executiOn of his powers and duties under this Act. PART X - General Penalties and Legal Proceedings 470 A. person who contravenesw8nY provisions o~ thi~ Act or any regulation made thereunder commits an offence and shall, if no specific penalty is prescribed the erfore, be liable on conviction to a fine not exceedd ing five hundred thousand dalasi s and in default to a term of imprisonment not exceeding five years. 48. (1) Where a foreign fishing vessel is used for fishing without a valid lice~ce issued under Section 2O~Z11 or 25 or without a licence to undertake test fishing operations in accordance with Section 27 o~ undertakes fisheries research without approval given under Sect i.on 28, the master) ovnez or chart erer of such vessel shall each be guilty of an of fence and shall jointly and severallY be liable on conviction to a fine not exceeding two million dala sis and in default to a term of imprisonmant not ex ceeding eight yearso Me. ] Fisheries Act. 1991. [1.9:9L Power of court to order for feiture 0) Notwithstanding subsections (1) and (2) where any explosive, poison or other noxious subst ance is seized under Section 42, the Director may order the master, owner or charterer of the vessel from which such explosive, poison or other no%ious substance has -been seized to dispose of such explo sive, poison or other noxious substance in such man ner as the Director may determine. 55. ~here a p~rson is convicted of an offence under this Act or any regulations made thereunder, o~ where the court, on referral of any claim under'Section 54 fl..nds that an offence has been committed .:under this Act or any regulations made thereunder, the court, in addition to any other penalty imposed; (a) may order that any fishing vessel (including its fishing gear, furni ture, appurtenance, stores, and all cargo), fishing gear, net or other fishing appliance. used in the commi ssion of such offence be forfeited and that any licence or.pemi-t i,s. sued under this Act or any regula tions made thereunder be suspended for such period of time as the court may think fit, or be canceJ,.. led; (b) shall order that any fish caught in the commission of ouch offence or the proceeds of sale of any such fish under Section 43, any fishing net or other fishing gear or fish ing appliance possessed or carried on board any fishing vessel in con travention of Section 39, be forfeited; (c) 8hall order, in the caae of any 04 fence under Section 30, that any fishing gear, net or other fishing appliance carried on board the of fending vessel, be forfeited; and He. I Fisheries Act, 1991. {I99L Second or subsequent offence Disposal of for feited goods ProM of cause of death or injury of :fish Jurisdic tion of. the courts 1..,\ sha.ll order, unless it considers for reasons to be recorded by the court tha.t it would be unjust so to do, on a.. second or subsequent offence under section 30,~that the offending v~ssel (including its fishing gea.r, f'umiture, appurtenances, stores, and all cargo) bef'orfeited. 56. Except -as provided by Section 55 (d), a second or subsequent of'fence under this A.ct or any regula.tions made thereunder shall be punishable by a fine not e:nteeding tvice the amount prescribed for the f'irst such offence or, where imprisonment is provided f'or, by imprisonment f'or & te:rm not exceeding five yea.rs, Or by both such fine and impriBOnment. 57• ll~ fish f'ound on board. any fishing· vessel which hllve been used in the commission of an ofience under this .Act or any regulations made thereunder ahnll· be preSWlled to have been caught in the commission of' such offence unless the contrary is proved. 58. Any vessel (including its ..fishing gea.r, f'uDliture, al'purlenacen, stores and all cargo), fishing ge&r, net, or'other fi8hing appliance, explosive, poison or other noxious substance, and any fish or the proceeds of salE! of fish deemed or ordered foriei ted under Section 54 or 55 shall be disposed of Ln such manner as the Director ma.y think. f1t. 59. Where the ceuee of ·i.ea.tl1, stunning, di~abling or other injury of any fish Is in question, & certificate purporting to be sl,gned by a .fisherles o.ff-i·cer shall be pr1Jna. facie' evidence in any court of the cause of such death,!"tunning, disabling or other i ljury. 60. (1) An off'ence cOl!l!l2ittea outside the fi:::heries vaters, by a citisen of' The Gambia., or a person 0 rdinarily resident in The Gambia, or 8. person on board a local fishing vessel, shall be an offence triable in any court in The Gambia as i.f' such offence had been committed within the local limits of the jUrisdiction oi such. court in The Gambia. (2) Hotwithstanding subsection (1), a pe.rson vho commi t ~ an o!fence outside the fisheries waters shall only be charged for such of.fe:l.ce in The Gambia if reciprocal arrangement~ in that :roegard exist between The Gambia and the country in vhieb the 4"4"......... ;,.. "" ...rmni tted~ 110. 1 (199L Fisheries Act, 1991. PART XI - Generalprovision8 Kinisterfe power to aalce regu lations. 61- ,The Minister may make regulations generally 'lor the proper management, development, and regulation o'l fisheries, and for the implementation ot the provi~ cae and purposee of this Act, and may in partiCUlar make regulations for all or any of the fo1+0'tling pur posee: (a) to conserve, manage, or protect fish re sources, ~r particular species of fish by such means as the establishment of closed seasons, the prescription of limits on the amount, size or weight of fi5h caught and retained, or traded, the prescription of minimum mesh sizes, the designation of prohibited fishing areas for all fish or certain species of fish or methods of fishing,. and the prohibition of certain methods of :rishing; (b) to provide for the licensing, leasing, regulation, and management of any parti cular fishery; (.) to regulate the conduct of fishing oper ations in the fisheries waters; (d) to establish the conditions to be ob served by foreign fishing vessels includ ing the sto....age of tishing gear while within the fisheries wat~rB; (e) to specify the procedure~ to be follo ....ed for foreign ~a:p1tal investment and joint venture proposals in fisheries and the conditions to be fulfilled by any such investment; (:r) to regulate the landing of fish and to prescribe and provide for the management and control of fishing ports and fish landing area6; Ho.. 1 Fisheries Act, 1991. (g) to control the handling and transporta tion of fish and fish products; (h) to establish marketing regulation sche mes and to organize and regulate the marketing and distribution of fish and fish. prQducts; (i) to prohibit or control the ilIportation of live fish and, in particular, 0.00. indigenouB species, and the exportation of liTe fish; (j) to promote and control the cultivation of !ilSh, including the regulation of the construction of aquaCulture establieh Jlente; (k) to provide tor the appointment of local agents for foreign fishing vessels; (1) to provide for the placement of obser vers on board foreigl fishing vessels; (.) to provide further for the composition and responsibilities of the Eiaheries Advisory Committee; (0.) to prescribe the conditions and proe e dures of application for any licences, permits., or other cPcuments required under this Act or any regulations made thereunder, their form, and the fees payable therefor ; {1991.. (0) to improve the collection of statistics and to require any person engaged in fiBhing, marketing, processing, or aqu aculture, including any fish dealer, to supply such information as llAy be nece ssary for the effective management and development of fisheries; (p) to prescribe the power8 to be exercised by fisheries officers; aDd (q) to prescribe anything that may be pre scribed under this Act. J FlS1zerie3 Act, 1991. t199L Repeal and Savings 62. (1) The Fisheries Act, 1977, (No. 17 of 1~77) is hereby repealed. (2) Notwithstanding subsection (1) any licence, permit or othe~ authorization or any regulations, orders, no~ices Or direc tives issued or made under the Fisheries Act, 1977, (No. 17 of 1977) or undee any fisheries agreement, shall until revoked continue to hav~ force and effect as if they were issued or made under this Act. 1 (199L FisherlesA.ct, 1991. OBJECTS AND REASONS 1. The Bill seeks to remove the deficiencies of the Fisheries Act, 1977. This has become necessary because of' the significant growth in both local and foreign industrial fishing of high value species, and because of the rise in poaching incidents in our waters. The Bill red~fines some principal terms and advises the administration and management pro Visions; the provisions relating to licences and permits and also.fines and penalties. 2. The phrase fisheries waters I is red~fined to include the inland and internal waters as well as latitude and longitudes for the Northern and Southern b:un::laries. This provides an accurate delineation of the 200 nautical mile. 3. It is proposed to increase all existing fines and penal ties for effective deterrn·.nce and to make good the losses from inflation. 4. The Bill proposes a general penalty clause for violation of any provision of the Act, if no specific penalty is prescribed therefore, such an offence will attract a fine of D500.000.00 Or 5 years imprisonment. SARJO TOURAY MINISTER OF WATER RESOURCES, FORESTRY & FISHERIES Pn:a:.ll ll-y lka G Prlll1Ct, .....j>ll.-3931491f500.