Fisheries Management and Administration (Fiat-Law No. 33 KRO. CHOR)

People's Independence Republic of Kampuchea Peaca Liberty Happiness ~---~ ... State Council FIAT LAW Ho. 33 KRO.CHOR. on FISHERY HANAGHHENT and ADHINISTRATION ~--------~ STATE COUNCIL THE PEOPLE"S REPUBLIC OF KAMPUCHEA Seen th~ constitution of the People"s Republic of Kampuchea(l) Seen the Law on Establishment of the state Assembly and the State Council of People·s Reoublic Of Kampuchea. pro~ulgated by the Fíat No.04KROR. dated on lOth february 1982. (2) Seen the Law on the Organization and activities of the Council of Hinisters of the People's Republic of Kampuchea, promulg~~BÓ hv ~he FiRt No.03 KROR.dated 10/2/82 . (3) Seen tha Fiat- Law No.07 KROR.CHOR.dated on 13/7/82 on Com~etence and Legislation procedure of the constitution of the laws and regulations, (4) ~-p~ th~ Fi~t- Law Nn .. 22 KROR.CHOR.dated on 14/8/85 on''?rof~ssional Tax''. (5) Seen the Fiat- La~ No.23 KROR.CHOR.dated on 14/6/85 on Exploitation Tax ··. 'By f:he Q':"0Qn<;::111 nf' t"ht'! t~n11n~;;1 nf 'K1n1~t.e1"!'l. ('O~i Decided - ··---------~ Cha~ter I Artiolo 1. - Fi~hQ~Y resource co~rri~~d a live ani~al ~nñ vegetable tel?roduced itself ~.nd abided in the fishery domain. ··fishery domain comprised: l. InlQnd fisha~y domain: rivers,tributarie~ of rivers, lak~s,streams,small rive~s.can~ls,inundated forest areas or water channels, natural ponds,holes in ground.which having the water saurce from the rtvor, tributo.rico of the riv'.'.!t"&, l.ak..:>~, ¡¡::troa~O}, s¡nall ri•1er. 2. Harine fishery doruain: extend fro~ the coastline Le tt1e bordcrlinc outcr of tha ccono~y ~one of tho People s Republic of Karopuchea. Fishery do~ain is the property of $tate. Chu.pter 2 Exploitation in inland fishery domain, Aguaculture and processing of fresh~ater fishery product. ,rticle 7. - All kind of fishing in the fishery domain assigned by group, without permission artd not appropriate to thé ragulation, aro forbiddc~. Exploitation in the fishing lot can be taKen place on the contingency that the fishing license is available and must be oper~ted during the fishing ~eacon mentionod in tha burddn book o~ fiohinS license Article 6. ~ Govern~ent fishing enterprise or solidarity group whioh hss a ri~ht ta do fishing in the fishing lots m.ust be absol1J.tely respected the burden book ar fishing lioense and múst be regularly recordad the quantity of fish caught every day into ths statístic book. Art.icle 9. The above statistic book could be signed by the provincial fishery authority every month. Ouring the fishing season, all fishing fo~tification ~hich made across navigable channel must keep a s~ace to enable all kind of vessels be na~i.ated,and mu~tn't obatruct the water flow to make the water level in front of the fishing barrage colOe U;? higher. Durin• the Ql03c~ ~~ason, it ~u~t bo Ji3~antle~ and removed all fishing fortification in the fishing lot before 15th June fo~ the no~th~rn pa~t of the para\lel Quetre Sras ( CHAKTOHUK RIVER ) 1:1.uU Litifurt: l~Lli July tut· t.liti suul.lit!rH bJOtl.rl.. 1.Jí.' the par•llel Quatre Bras ( CHAKTOHUK RIVER ). Art1cle 10. ~ F1st1ing 1n the fi:;)hery domain prott:l'r..:tt:ti:.1 c1:111 !Jt! allo~ed to do on 2 conditions : Article 11. Small scale~ family- fishin~. Hiddle scale fishinr. Small scale- family-fishing gear, ~iddle scale fishing gear, industry fishing g1J1ar nust be def'ined by the ?roclamation of the Hinistry of Agriculture. S~all-sc~le-fa~ilY fishing is and can be imple~ented for all only for the time subsistence in the Fi~hing dnmain pPn~Ar~Arl Rnrl in adrlitinnnl in the fishing lot during closed seaaon. Article 12. - M1<ld1~ Rra1~ fighing in the fiRhing ~nMain ~rotected can be takeo place on the contingency that: fishing license is available. doing during fishing season fro~ lst October to 31th of Hay for the fishery do~ain located in norlhern of the parallel Quatre Bras ( CHAKTOHUK ) and from lst Hovember to 30th June for the fishery dornain located in southern of the parallel Quatre Br~~ ( CHAKTOMUK ). respect the order act mentioned in the license. Articl~ 13. It is absolutely prohibited fo~ everv time and everywhere, all methods of fishing in the fishery domain proteoted by using all kind of fishing gear combining ~ith bamboo f$nce or more than 50 e length cr extended more than 2/3 of the width of navigable channel or caused obstacle the passa¡e of all kind of vessels. Arti~l~ 14. Opposit~ tn th~ ord8P aat mentioned in artiole 13, the methcd of fishing in the f ishery domain protected by using trap bamboo f ence ( Lop Nor or Rav ) of l~ss than 500 m length in th~ lakQ of Tonle Sap ( G~eat lake ), is allowed to o~erate from lth of February to 20th of Hay,( in the place ,located at the distance of not more than 4 kilometers from the lake bank. und in tho arono dofined by tho ProelAmntion of the Hinistry of Agriculture, The establishment of this trap bamboo fonoc muot not cauoe ob~tnclc to the pu3ouge of nll kind of vessels. Trap bamboo fence , fortification must be re~oved befare 31st of Hay. Article 15 Hiddló ~cale fi~hinC ~f ftdi~ing mcthod, óvon thou«h one or many seines conneoted- can be taken place on condition that thes$ seines has total length less than; · 400 ru~tcr~ fcir the fi5hory do~~in protcctod, out of the lake of Tonla Sap ( Great lake ). 1,000 oeters for the fishery domain protect in the lake of Tonle Sap ( Great Lake ). Not allowed to do widdle scale fiohing by seining in the f ishing areas reserved far only subsistence fishing, in the fishing areas which may cause disturbance to the exploitation in the fishing lo ts, habit three and the fisning a~eas where the peo~les have to catch fish with snall fishíng gears. The l~st fishing areas must be defined by the Hinistry of Agricultuee. Article 16. - all kind of fishing in the fish sanctuaries or method of fishing by using b~g net fishing gear ( Day Eishing ) fo~ caLChing fish ór pra~n out et fish ot ptawn- bag net~ fishing lot is absolutely forbidden, except the t~chnígue scientific fishery resea~ch opernted by the Department of iishery ~lth the speclal permlS51on. Article 17. ~ It is absolutaly prohibited for all kind of fishing in the inland f ishery domain by using destructive trshing gears as rollow : A Electracuted fishing gear , explosive. explosiva stuff or all kind of poison. B~ All means of punping, bailing, drying any part ot flshery cto~a1n. C Samras ( a kind of fishing method, which number branches of tree and put into any deep part of the lake or rivar or stream cr natural pond, torned as f1sh habitat for attracting fish to concentrate t.o on~ place. On the cettain time, this place has been surrounded by the saine snd Qhen the branches of tree r¿moved off, substantial fish has been caught. ) or other luring tactic for f ish concentration. D Fish spsar cambining with illuminated lamp. E Gill net or all kind of seine of nesh smalle~ than 1.5 centimeter. P Fixad- gill nets, extended- gill neta or gill nets far catching boa. G All kind of f ishing geara push or dragged by nachin.e . H All kinó of fishing barrier where the distance e~o~ one sti~k to another is s~allec thsn 1.5 centiroete:r. I All kind of the stting extending in the water and various tsotic uhich ~ake the fish startle. J Dike catt!.b.iñing with a.11 k.i-ng of fishing gears K Modern fishing ~~at or new fishing nethod which not mentioned in the Procla~aticn of the Ministry of Agrtcu1ture. Article 16. - It is forbidden : a Catching or selling or transportation fingei:ling, fish egg, c~ocodile, giant catfish ( Pangasianodon giga9 ) . crobatus jullieni fish, arossochilus latius b Oike construction ncross the lake, sn~ll riv~r. stream, river ar any navigable channel is tha fishary domain, even though this dike is constructed for the benef it of agriculture r- Grnwinfi! lotu~ in thA fishery domain d .Ch-::ip?ir\g, tecle.iining ot fi'Ling t,~..;. inut>.date-d forest, f'l. Tranf.lportatian ar sellini;r the fire wood originated from inundated forest. All the above matters can be taken place on the contingencY that special PerITTission is available Article 19. - Doing aquaculture in pond or pen seized more than 0.5 hectare or cage seized more than 15 square meter, crocodila farming of more than 5 heads.turtle farming of nore than 50 heads,boa or non-poisonou$ snake farming of more than 20 heads,establishment shop or storage and middle scale processing of fi!<:hAry prn1-!11('t of mnre t hRn 1 ton per- year or fishery processing industry, can be taken place on the ccntingency thnt the pet~ission is a~a\lable. Article 20. -Gavern~ent-fishing enterprise,solidarity group or privates which has received ~ professional licensa as well as mentioned in a~ticle 18.r.ust has a statistic book for reoording: Artic.le 21 Pond,pen or c~ga area and the stock of animal farning or feeding fer a short time them sell it,subseguently ( fer aquaculture activities). Evory dny input-output and ctook of ft&Gh or processad fishery product,(for the estab:ishment of shop,storage and prooessing). Thia ~tutictio book mu~t ba ntteotod by signing from the provincial fishery authority every ~onth. Stocking alivQ,freah or proooo~cd fi~hcry produot in the closed season can be taken place on cootingency that the permi?sion is avail~ble .. Oovci·nruent e!llCLJ:JLl:-:.e,:::solidai-ity groúP or fishermen must be informed to the provincial-urban fishery authority at least 15 days before closed $eason,for checking the stock properly. E~ploitatíon ín marine fishery domain. Aquaculture and processing of sea product. ~---------~ Article 22. -All kinds of fishing in marine físhery domain of the People's Republic of Kampuchea can be taken place nn rh~ cnnting~nr.y th~t th@ permission is ~vgilsble except small scale-family-fishing. Small ~~Ale-fRni1y-fi~hing ~ea~ and othe~ fishing gear allo~ed to operate in the ~atine fiahery domain of the People's Republic of Kampuchea must be defined by the Proclamstion of the Ministry of A.grir.111ture. Article 23. ~Government fishing enterprise,solidarity group of fisher~~n uhi0h 1ts~ ftsh5ne bn~~~ ~~ vA~sR1~ in the marine fishery doniain must be additionally ha';e: Bout or vessel license allowed to operate in the sea iss~ing by the fishery authority,afte~ taohnically control. License from the police institution,after administratively control. ArCiólc 24 Thc fishing activitioc of faroisners in the marine fishery domain of Kampuchea must have the permission afte~ approving by the Council of Hinisters. Article 2S. -Fisherwen who are permitted to do fishery ~n the marine fishery domain must: a-res~ect the arder act mentioned in the f'i~hing liccr13C. b-regularly ~ecord into the st~tistic book the quantity of f ish and other sea animal oaught every day and 1111ist be monthly reported to the ~tovincial urbun fi5hcry Quthority. Articlo 28. -Tha fo~tification of all kinds of fishing gear eKt.enUetJ tu c1:1.u~t: l.iie uU~L.i:.uctioo to the boat navigation,is forbidden. The fartification of all kind of fishing gears which extended acre~~ Ll1~ ~treaw,inl~t o~ navigable channel of coastal zone nust kee~ free space of 1/3 of width during low tide to enable the navigation of all kind Df vessels. Fishing fortification or all kind of fishing g~a~~ •u~t di~~~ntle uL u l~Le~t dat~ ut i~ J~y~ afte~ cease-fishlng. 6rtlule 27. ·H~~ke~el (Cawon OL Pla Tl1u) f~5!1ing in tl1e ~uu during spawning season froin. 15th January to 31st March ,is forbidden. Article 28. -Trawling in the shallow sea water between the sho~e and the of 20 m depth line is absolutely forbidden,except there is a special pera1le;slon by Lllf::i' re4Ulr:e1111~ril uf Lltt: [)e~e,.r:Lru.en\. uf Fishe~i~s for doing experimental f ishery technique scientific research. Pishery for doing experimental f ishery technique ~ci~nliCic re~ear~h. l!rticle 29. Fishl.ng in the sea of the People 's R~public of K~Lll[;)Ul.:lie1,1. by w.::;lng t1lcc.:Lra1.:ul!fftl S:i~hlHg ¡;t\:ll;lt·, tt.11 Kind of explosives or modern fishing gsars not yet mentioned in the Procla~ation of the Ministry of Agriculture, are absolutely forbidden. Article 30, ~ Aguaculture with the total area of more than 0.5 hectare in the coastal zone or wet land area influenced by water t1de or brack1sh wate~ area,the establishment of shop or stock and the establish~ent of ~lddle scale processing which produce more than 1 ton per Year or processing, industry can be taken place on the cont1ngency that : a- Professional license is available b- Statistic book is available for recording Ths ar~a of aquaculture farm and th~ stoc~ of se~ ~ni~al f arming or feeding far a short-tirue them shell it swbsequently ( for aqwaculture), Input- output and a very day stock of ~ish or p~ocessed sea fishery product,( for the cstablishcent of sho~, storage or processing. This statistic book ~ust be attes~ed by signing fro~ the provincial-urban fishery authority every month. fjsbery law yiolation Artiole 31. - Control and seacching for the fishery law violation is the competence of all level of the fishery authoTities. Tb~ Dt1t-i1:t1:l1Uei1\. v[ Fl::;)1~{lt:1~ l!tt:;; t:1. 1..:uillVP:;"te11Gt: to control and search of all fishery la~ violations th~oughout the territory of the People"s Republic of Karnpuchea. The provincial- urban fishery authotity has a competence to control and soarch for fishery law violation~ in lt provlnce~c1ty, For implene~ting the above duty, the fishery officers and staffs have had a right as follow; a- Control all kind of fishing in the fishQry doinain. b- Control various meaos of trans~ortation of fishery products . e- control 811 type af fisnery processing places or storage, shop and aquaculture far~. d- Write a minute on the control and solution of a f ishery or law violatiQn matter. e- To arrest wrong doer snd w1tndrsw or destroy th~ ?roof in case of legislative raquirenent. Article 32. - A right tot solving the fiahery law violatian has is defined as follo~ : Oisttict fishery authority has aright to fine until 2,000 Riels. Provincial- urban f ishery authority has aright to fi~e until 10,000 Riels. Department of Fishery has a ~ight to fine frorn 100 Riels up, ~ Fte<sh or processed fishery pr-oduc~~s l4íthdra1.1~t fro~ the ttansg~essio~, and could not keep selling for long tirue and also has no demand,because of ~hich it can rightfully solve unless, after getting concession from the dincussion between the comroittee of peaple and the fishery authority. ~rticle 33. - Co~petence solving the protested ?laint on a fine or a proof withdrawal of the fishery law violation, is ·defined as follow The protest against the decision of the punishment by a fine or the proof withdrawal issued by the d1str1ct fisheries authoriLy 1 mu~L Ue sentenced by the provincial-urban fishery authority. The protest against the decision of punishment by a fine or the proof withdrawal the prov1nc1al-urban flst1~ry HuLt1urlLy, mu~L ~~ sentenced by the co~mittee of the people of the province-urban If it's undecided, it must be ~ransferred this file to the court. The protest against the decision of the De~artment or F1sher1es covered the punishment a fine and withdrawal the proof, must be sentenced by the Ministry or Agricultura . If it's undecided. it must be transferred the file to the court. Article 34. - All the report on the fishery law violation, the solution of the fishery law violation or the protest against the sentence of the f1shery law violation,must be immediately informed to the Hinistry of Agriculture Department of Fishery Ouring operation the f ishery officers and staffs nust be worn uniforms and symbol sings def ined by the Hinistry of Agriculture. Authorities of each base , armed forces must be collaborated with the roission control on the fishery law violation, in case of requirement suggested by the fishery officsrs- staffs. e b a p t e r ~ Penalty Article 35. - Person who transgress this Fiat- Law must be admonished, punished a fine, withdraw and confiscated the proof or confined to jail, depending on the degree of the violation. Confiscation the proof is the competence of the court. Tl1e fine is a osefulness of the national buogot. Art.i~lft!' ~~ - Pf"!'l'"<:::0n uho bt<,,..cik-s th;;> ertir"lr> ii-11~·1?.,';?íl·· 21-2~ ~nd ~rticle 17 at the points d- f- j , ~rticle 18 at the points a- b- e ; article 25 at the points b and article 30 at the ~oint b, nust be punished a Pin• Prnm 10íl R\Pl• ur to S0,000 Ri~lc Jn th9 cas~ to break the article 21, article 22 at the point b, article 17 at the pcint d- f- j and the article 18 at the ~oints a- b- e , it must be confiscated the proóf a~d ke0t aq tho Gov•~n=•nt pro~~rty cr destroy~d. in addition to the above fine. A~ticle 37. - Pe~~Qn who broak~ th~ a~ticla l? at ~h~ point e, artícle 18 at the points e - d , it inust be punished a fine fro~ 200 Riels up to 50,000 Riele p0~ hectare or divide part of hectare. In the case to break the article 17 at the point e , article 18 at the point e • it m~st be confiscated the proof and kept thinS ao the Govarnmant p~operty or dectroycd,in addition to the above fine. Articla 88. - Pcraon who b~o~lts -thc articlc~ 7 8~10 13 14-15-16-19-22-24-26-27-28-29 , article 17 at tbo polnts a ~ b - e ~ g - h - i - k . article 25 at the point a and article 30 at the ?Oint a , it ITTUst b~ pc:nizihed o. fitt'! fr,:>m 50() 8.iel.:s up to 150,00') i icl::.. I11 the case to break the articles 7-9-10-13-14-16-22-24 26~28-29 and article 17 at the points a - b - e - g h - i - }t, lt. ¡l'.¡i..!.-SL U<': 1;•.;o1tCL5.1;1::1..t.i:iJ t.l1t: i;.ruuf alld k.1:11-1L as the governwent prope.::-ty or de.stroyed, in addition to the above fine. Article 39. - Law violation rusntioned in article 36-37-38 , if taken place at night ti!D.e Ot at t-he fish sanctl.\.a'.'.'ie-s or at the inund~ted forest area , it must be LJUnl:;.l1t:U a fine Lwli.;~. tí' t.!tlt:> guilL.y bJt'?rfur-llltlllCe it:i considered as in the case of obstinacy or caused a gr~at catastrophe, it must be condemned to jail fron 3 ~onths up to 3 y~ars , in addition to the fine. Article 40, - If the delinquent did not agreed to pay a fine or did not agreed to pay the fishery contribution it nust be transferred the file to the court. Article 41. - Person "ho has been concealed or defended the transgression, cheated the fine- tax- rishe. y cantribution or the proof, taken advanta¡e tf his posi.tion fat violating the law, taken a bribe and the briber cr the inter~ediary of the b~ibery roq$t be ccndemned by the existing law. Eina.l ordet !rticle 42. - Order acts opposed to this Fíat- Law are considered asan abolition. Article 43. - The Council of Hinisters i5 tesponsible to execute tt-.is Fiat- La1.1. Article 44, - This Fíat- Law has a rightful effect from the day of public promulgation. Phnom penh,9th Harch 1987 EXECUT!VE RESPONSIB!LITY 0.B. STATE COUNC!L Signature and Seal: HUH SEN Signature and Seal:HENG SAMRIN Far co~ing and dist~ibuting GENERAL SECRETARY OF STATE COUHCIL Signature and Seal: CHAN VEN e/ e: Hinlstri~~ of CentrRl Level Co~mittee of the people~ of all province-u~ban "FOR BROADCASTING and ~Q. 80 Copi~ri pr0pPrly f~o~ original Phno~ penh 19th Harch 1987 0.B.Hinister in charge of state Council Cabiriat V!CE-HIH!STER EXECUTING" Signature and Seal: SIENG SARAN All Departnent ' boCumen t - ~ .. ·· ,, w' .. ' ' ' ' . ' .. · .· M M 01 .... ó co o ,..... ei; r ' ·Ull i:J.¡¡ ~~I ,.. :1)· : '!• 1 ;¡; "' "' 71 •m ~ ~1 ~ •n :x. " ·~ t, º' .. '