Law regulating the exploitation and protection of aquatic life (Law No. 48 of 1976)

431 IRQ 3 2. BASIC FISHERIES LEGISLATION Law N- 48 of 1976 for regulating and exploitation of aquatic life and its protection CHAPTER ONE - BREEDING AND PROTECTION OF AQUATIC LIFE Article 1. - The following shall be interdicted categorically: (1) The use of mass destruction methods for fishing aquatic life, such as poisons, explosive and chemical materials as well as electrical energy. Aquatic life shall mean the animals and plants living in public waters and of nutritive or commercial or scientific value or can be utilized by aquatics of economic value. (2) The use of fishing means and gear which may harm the eggs and frys which shall be specified by a proclamation issued by the State Fisheries Company and published in the Official Gazette. (3) To throw factory and laboratory wastes, sewerage, chemicals and petroleum in public waters if such are deterious to aquatic life. (4) To alter the course of flowing waters for the purpose of fishing. (5) To use certain gear which may close up water flow entirely. Article 2. - (1) The State Fisheries Company shall undertake the following by means of a proclamation to be published in the Official Gazette and local administrations: (a) Determine closed seasons. (h) Determine prohibited areas. (c) Determine the type of fishing gears and its measurements. (d) Determine the minimum size of fish to be caught. (e) Determine the location where fish screen or fish ladders should be installed. (f) To force owners of pumps installed on public waters to take necessary measures to prevent fish frys from going through. (2) The Company shall be exempted from the provisions of this Article for scientific purposes. (3) The Company may exempt certain scientific agencies from the provision of this Article or some of its Paras, in case of necessity according to the scientific research program submitted thereto. 432 IRQ 4 Art i cle 3. - The owne rs of fac to ri es , la bo ra to r ies a nd place s o f ind us t ria l ization a nd de~ ling wi t h chemica l and petroch emical mate r i a l s , pe t ro le um pi pes, s ewerage an d th e l i ke, shou ld no t draw o ff t he waste co nta i n i ng po isonous mat e ria ls t o pub lic wat e r s exce pt aft e r r e moval o f po i s onous e f fect i n coo pe ra tio n wit h t he Com pa ny . A~ti cl e 4 . - The Compa ny s ha l l un der t ake bre eding of a qua t i c life in public wat er s. Publi c wat er s s ha l l mean i n la nd wat er s including river s, l a kes. Ho r s , r e s;;;;r;:"eS": f i s h farms , t emporar y a nd permanen t ma r shes , d rai ns ,----i r ri ga tion ca nals, ponds , conne c t ed bay s a nd s t reams a s - we l l as t err i t orial wate rs a nd the Ho rs , marshespond s a nd bays b r a nched the ref rom. Arti cl e 5. - The ~l i n i ste r o f Ag ricu lt ur e and Agra r i a n Ref o r m ma y , pu r suant t o a r ecommen da t i on o f Compa ny , h i re o r des i gnate a ny a rea of publ i c waters t o t he pub lic sec to r o r coo pe rative o r mixed sec to r for a l imite d period f2L~ £..:;!.!.p~0L£i2t~iE its product o f a quatic l if e i s ~e.s2~~.1 with due r egard t o th e fo l l owi ng : 1. The nece ssit y of app l ica ti on of the t echni ca l i ns tructions i s s ue d by t he Compa ny. 2. Pr iori ty in t he c oope rati ve s ector s hall be g i ve n t o t he cooperative s oc ieties of fishe rmen whi c h en joy mate r ial and t ec hn i cal ef f ic iency. Art i cle 6 . - (1) The Compa ny ma y es t ab l ish fa rms a nd pond s for the pr oduction and breedi ng of aqua t ic li f e on ec onomica l a nd s c i enti f i c ba s is a nd for co mme r cia l and expe r i me nta l purpo s es. ( 2 ) Fa r ms a nd pond s f o r breed ing aquatic life ma y be established within t he limit s of t he due por t io n of ~l..ell ~iilid.-..S.2 the ~d~ with due regard t o t he fo l l owi ng: ( a) Ob t ai ni ng o f ~lise~e f rom the Compa ny . ( b ) The l i ce ns e e sho uld a ppl y the technical i ns t r uc tion s issue d by the Compa ny. Articl e 7. - The Company shall have the rig~o!.-p~du..st.i..£.!: and.J~r~tion ~d~re edi.l1>; improved categories of aq ua t i c Li f e and E~ it to the public or cooperative or mixed or special sectors which are licenced for breeding aq ua ti c life, i t ma y i mport a nd bree d a nd sale or na me nta l f i s h . Art icle 8 . - ( 1) The Compan y s hould e s t a bli s h ~r~~e~e..L.!<2L. a'p'pl.l.!;cL lls~c~ ~d-S.rc;1,.ni~ i.9.! b~di~ an d i£sr~ i!l8. ~q~ti.Llili, it ma y r e nder as s i s ta nce t o the publ i c, c oope r a t i ve , mixed and s pecial s ect or s in thi s r egard. (2) The Company s houl d rend er ~idan~ ~r':l..£e~o t he parties which a r e dea l Ln g wLt h bre~n.lL0f aqua t Lc lif e when neces sary !.E..e~f ~~' !d3 IRQ 5 CHAPTER TWO - ORGA.'HZ I~G OF FISHING Article 9. - Fishing lin the territorial waters of the Arab Gulf shall be governed by a ~eci~ regulation to he promulgated within one year from the date of ~omulgation of this Law. Fishing £hall mean catching of aquatic life from the public waters by any means ~ ~r any purpose. Article 10. - The Company shall have the right of fishing in public and international waters. Article 11. - (1) Every fishing boat should-obtain a licence to be given to its owner in which the minimum and maximum number of fishermen shall be fixed, a numher of juveniles may work on the boat who should not exceed one third of the fishermen working thereon for the purpose of training them on fishing profession with due regard to the Regulation ~- (37) of 1972 for the Employment and Regulating of Juveniles Hork. A fishing boat shall mean any floating body with fishing supplies and fishing gear used in public or international waters whatever means used for its motion. It is provided that granting this licence shall be according to the following conditions: (a) The owner of the boat should obtain a navigation licence if such he deemed necessary according to the laws in force. (p) The fishing boat should be in a suitable condition according to the conditions decided by the Company. (2) Numbering the boat by a registration number. (3) The licence should be kept in the fishing boat and should be presented to the competent official when so required. (4) The above mentioned shall not be considered as exception from the Registration of Vessels Law N- (19) of 1942 in case of fulfilment of its conditions in the same boat. Article 12. - (1) Every professional fisherman shall be subject to obtain a personal fishing licence, a professional fisherman shall mean any person of full legal age practising fishing. (2) The Company may limit the number of the licences in any public waters area. (3) Fishing of amatures anJ establishment of fishing clubs shall be according to certain instructions to be issued by the Minister. 434 IRQ 6 Article 13. - The Company or whom it may authorize shall keep in each fishing harbour as to sea fishing and in the centre of each administrative unit as to i~land fishing waters, certain records of fishing boats, fishermen and quantity of catching and its kind according to the forms to be specified by the Company. CHAPTER THREE - FISHING GEAR Article 14. - (1) The public sector shall undertake fishing gear industry and all its other implements and their importation provided that it be according to certain specifications to be specified by the Company. (2) Fishing gear shall not be sold except to persons licenced for fishing. Article 15. - (1) All fishing gears which contradict the specifications of the Company shall be confiscated, and those who seize same or give information about it shall be remunerated with a financial remuneration of not less than 15 % of its value according to the Company's estimation. (2) Seized materials shall be dep0sited at the Company in order to re-export it or damage it or to dispose therewith according to public interest exigencies. CHAPTER FOUR - ~1ARKETING AND INDUSTRIALIZATION OF AQUATIC LIFE Article 16. - The Company shall undertake supervision over trading with aquatic life by wholesale or retail and to organize it and for purpose of realization same it may undertake the following measures: (1) To organize purchase operations in wholesale and retail markets. (2) To grant licence for the sale of aquatic life by wholesale or retail. (3) To inspect and supervise aquatic life sale markets in coordination and cooperation with the competent authorities. Articl~J7. - The Company shall have the right of trading with aquatic life by wholesale arid undertake whatever measures relating therewith such as establishment of markets, cooling stores, ice plants and means of transportation and the like. Article 18. - (1) Sale of aquatic life shall not be permissible except in the markets and places where health and commercial conditions are fulfilled. (2) Purchasing of aquatic life shall be regulated on the basis of weight. (3) ~fho1esalers of aquatic life should keep certain register showing the quantity of sold aquatic life classified according to its kinds in conformity with form to he proposed by the Company. 435 IRQ 7 Article 19. - Exportation and importation of aquatic life and its products by the mixed and private sectors shall not be permissible in any way or for any purpose except with the approval of the Xinister pursuant to the recommendation of the Company. Article 20. - The Company shall have the right to establish factories for industrialization of aquatic life and its products. CHAPTER FIVE - DUES AND LICENCES Article 21. - The Company or whom it may authorise shall grant the following annual licences and its renewal against payment the dues mentioned thereagainst: to 100 h.p. h.p. Dinar Dinars Dinars up exceeding Dinars 10. 1/- One 10. 2/- Two ID. 10/- Ten for each ID. 2/- Two / 250 Fils 10. 5/- Five Dinars 10. 20/- Twenty Dinars 10. 50/- Fifty Dinars for the first time and shall be renewed against payment a due of 10. 20/- Twenty Dinars 10. 2/500 Two Dinars and five hundred Fils for each Donum of area of water for ponds, it shall be renewed against payment of a due of 10. 1/- one Dinar for each Donum annually. 1) Fishing boat without motor 2) Fishing boat without board motor 3) Fishing board in board motor 9) Establishment of aquatic life ponds licence 4) Professional fishermen licence 5) Amatures fishermen licence 6) Retailing of aquatic life licence 7) Wholesale of aquatic life licence 8) Establishment of fishing club licence for amatures Article 22. - (1) Renewal of the licences mentioned in Article 31 of this Law shall be done on the first of January of each year. (2) The licences granted according to this Law shall be considered as personal, relinquishment or sale or disposal with the licence shall not be permissible. Article 23. - The Company may refrain from renewal of the licence mentioned in this Law, it may withdraw it or abolish it temporarily or permanently in case its owner shall breach against the duties stipulated in this Law and the Regulations, Instructions and Notifications issued accordingly, the decision issued in this respect may be objected at the ~linister within 15 days from the date of notification therewith, the decision of the Minister in this regard shall be final. 436 IRQ 3 Article 24. - In case the licence shall be lost or destructed, then its owner should submit an application to the ~mpany or whom it may authorize to obtain its substitute after payment of 50 % of its original value. Article 25. - (1) The amounts collected for granting and renewal of the licences in accordance with this Law shall be registered as final revenue for the Company as well as the amounts resulting from confiscation of aquatic life, fishing gear and boats. (2) Cooperative societies of fishermen and collective farms and its members shall be exempted from the dues of granting or renewal of the licence stipulated in this Law. Article 26. - The licences stipulated in this Law shall be regulated according to certain instructions to be proposed by the ~mpany. Article 27. - When the Company shall undertake regulating operations of aquatic life sale by wholesale, it may collect service fees of 5 % of purchase value to be born by the seller when the Company shall not be a party in sale operation, the said percentage shall be reduced to half for cooperative societies and collective farms. CHAPTER SIX - PENALTIES Article 28. punished with not exceeding (1) Whoever contravenes the prov~s~ons of this Law shall be a fine not exceeding ID. 200/- or with imprisonment for a term 9 months or with both and with confiscation of the catch. (2) Nothing in this Law which may prevent pursuit in accordance with other Law if the crime requisites severer punishment. (3) Fishing gear or its boat or aquatic life prepared for exportation or importation may be confiscated in case of recontravention the provisions of this Law, these materials may be disposed with it or with its prices according to the Law. Article 29. - The court may consider the report submitted by an official entrusted to execute the orders issued according to this Law, as an evidence of conviction if it shall be supported by his testimony and after an oath, and if no prove shall be otherwise established. Article 30. - The aquatic life seized because of contravention of the provisions of this law, by the Company or whom it may authorize, shall be sold by a public auction a report should be prepared showing its quantity, kind and its sale price and stating the contravention. Its price shall be deposited in trust until the court shall issue its judgement in this regard and aquisition of this judgement its final stage. 437 IRQ 9 Article 31. - The competent officials of the Company and administrative authorities and police forces shall be authorized to arrest any person contravening the provisions of this Law and present him to the nearest police station for taking legal actions against him. Article 32. - The competent officials of the Company or whom it may authorize, shall be authorized to enter the places, except dwelling houses, in the areas where there is no judge, for inspection, if they think, for justified reasons, that there are fishing gears contrary to the provisions of this Law provided that he should be accompanied by a policeman and write down an inspection report. Article 33. - The Minister of Justice, pursuant to the proposal of the ~inisters of Interior and Agriculture and Agrarian Reform, may authorize Mudir Al-Nahiya in the Nahiyas (Subdivisions) where there is no Magistrate Court, second class magisterial powers to issue the decisions of judgement for application of this Law. CHAPTER SEVEN - GENERAL PROVISIONS Article 34. - Regulations may be issued to facilitate the execution of the provisions of this Law. Article 35. - (1) Law N- 32 of 1965 for Fishing of Aquatic Life and its amendments shall be repealed, the regulations, notifications and instructions issued accordingly which are not contravening this Law shall remain in force until the issuance of its substitute. (2) The Provisions of any text which contradict the provisions of this La~ shall not be valid. Article 36. - This Law shall be published in the Official Gazette and the Competent Ministers shall undertake the execution of its provisions.