Fisheries Act

1.A\\S 01' 1\1,\1.A\\I FISHERIES CIIAPTER 66:05 C11rre11t Pages PACie L.R.O. I- 4 .. 1/1986 5-14 1/1975 15-16 .. 1/1985 17-IR .. 1/1979 19-20 1/1985 21-22 1/1986 22a 1/1986 23-30 .. 1/1975 11-32 1/198-4 J]-34 1/1977 35-40 1/1979 40a 1/1979 41-42 1/1984 4.1--44 .. 1/1978 45-46 .. 1/1984 47-48 .. 1/1977 49-50 .. 1/1984 'il-n .. 1/1981 5]-54 .. 1/1989 l.lt.O. I 1/9119 I..AWS OJ MAL.AM Fisheries CIIAPTER66:05 FISHERIES ARRANGEMENT OF SECTIONS SECTION PART I PRBLIMIHAR\' I. Short title and commencement 2. Application 3. Interpretation PART II ADMINISTRATION 4. Chier Fisheries Officer 5. fi1herle1 officers PART Ill PtSHIHO LIC8NC81 ,4. Gen•ral 6. fishing prohibited without a llccnco 7. Licences not transferable . 8. Employment of persons to ftah by Uciensce 9. Classes of ftahing licencies 10. Commercial fishing licence 11. fishing vessel licence 12. Trout fishing licence 13. Aquarist trade ftshin& licence 14. Si;,ccial fishing licence 15. Limit on number of licences to Issue c.,. 66:05 B. Jss11e, Re/ll!lal, Re~ocatlon and Cancellation of Uc,ncu 16. Licensing offioera 17. Application for licence 18. Refusal of licensing officer to l11uc, a licence 19. Appeal to principal licenaing officer 20. Refusal of princtpal licenaing offlccr to t11uc a licenco 21. Appeal to the Mmiater 22. Refusal of the Minister to grant a liconco 23. Revocation of licences 24. Appeal to the Minister •,amat revocation 25. Suspension and cancellation of licences PART IV RBOISTRATIONS 26. Registration of fish dealers 27. Registration of fish processor■ 28. Registration of fish exporters and importers 29. Regulations under this Part PART V Gl!NllRAL Rl!STRICTIONS JO. Prohibition of tran1forrin1 ftsh, 1tockln1 water with ftah, eto. f .. lt.O. 1/1916 I A\\S CW MAl,A\\I Cap. 66:05 .\I. l'rnhihilion 111' inlr01!11cli1•n of new species n. Powers nf < 'hief hsherics Oniccr in relation to sections 30 and 31 .ll I >estruclinn of llsh sci1c1I under section 32 .,4 Prohihilion of diversion of stocked waters l'ART VI l'ROIIIIIII 1-1> MH IIOIJS OI' FISIIINli .\5. Explosives 3(,. l'orsons 37. l'osscssion 111111 11cq11isilin11 of explosives, 1>oison, etc:., for llshing .lit l'rescrihctl prohihitetl mcthmls of tishing PART VII Mrs<'l'I I.ANP.OIIS 39. Close seasons 40. Powers of fishing olllcers in respect of weirs 41. Right of entry 42. Righi of scnrch nntl seizure 43. Power ()f arrest 44. Documents In be prmluced on request 45. Prosecutions under this Act 46. Prima fnrir evidence of ownership of a fishing vessel PART vm OIHNt'E/1, l'l!NAl.lll'!I ANI> PORPl!lrllRE!I 47. Ohstruclion of ollicen 48 Fishing without licence 49. l>isplny of fishing vessel and commercial fishing licences 50. failure lo keep records or furnish returns 51. /\llerntion or defacement of licences, etc. 52. Possession of fishing nets 53. Genernl penally 54. Forfeituro on conviction 54/\. Forfeiture and disposal of property where the owner cannot he fouml 55. Disposnl ,,r seized per ishahlc l!Oods 5(,. Surrender of licence, 11crmit or authority to Chief Fisheries Oflicer 1111 C()nviclinn PA It r IX Foams ANI> Rl!(lULArlON!I 57. Forms ~8. Rcgulnlions l'ART X FXHll'llON!I, SAVINOii AND REPEAL 59. EllCl\ll'lion~ (,ti. SavillJ!\ I ,\\\'S CW I\IAl.,\\\I I isl1t•1 ic.i- Cap. 66:05 An Act lo prinitlc for Ilic n•gnlalion and conlrol or fishing, and orlhe 16 of 1971 purclmsl', s11ll', markl'ling, pn>el's.slng, Import and export or 2~ 0 i :::~ lish, lo 1,roviclc for the ronscnalion or fish and furl her to provide O · for mallrrs inrhlcnlnl lo and ronnccled l\llh lhe foregoing PART I PREI.IMINAR \' [lsr Ju1.v, 1974) I. This Al'I may he died as the Fisheries Act. Shorl litle 2. Suhject In lhe provisions hc1eof, this Act iihnll nrrly to Arrlkn1ion fishing of every class and hy nny mennR: Provided thal ii shall not arply to fishing for sport by rod or hand line for any fish olher than trout. And further provided that it shall not npply to fishing by ony individual by hand net for hail intended for use hy such individuul in fishing for sport. 3. In this Al'I, unless lhc context otherwise rcquires "aquarist trnde" means the trading in live fish by any person with the inlenlion lhal such fish shall ultimately he kept in an aq11aii11111; "aquarist trade fishing licence" hears the meaning ascribed lo that term hy section 11: "Chief Fisheries ( )lliccr" means the person designated as such under section 4; "close season" means any period presc,ihed by the Minister under section 39 during which fishing is prohibited; "commercial lishing" means any lishing by means of n trawl net, ring net or pmse seine nel, or by sud1 olher means as is prcsc.-ihe,I hy rc~ulntion under paragraph ( q) of section 58; "commercial fishing licence" hears the meaning ascribed lo thnl term hy scclion IO; "engine" nwans any steam. inlernul l·omlmstion, electric11l, or other en(!inc used as the propulsive force of n fishing vessel; 1 'fish" means any vertchrale fish, or nny aquatic crustnccan, mollusc or olher shellfish, or any olher normally edible cold-hloo<lcd 11t1ua1ic animal, whether alive or dead, amt includes the eggs and progeny and any edible part thereof, but docs not indudc any reptile; "lo fish" means to capture, kill, injme, snare or trap fish and shall he deemed lo indmlc nny slcps taken preliminary to such fi~hing, and l'ognale words shall he construed nccord in~ly; Interpret a l Ion I.AWS OP MAI..A\\'I C1p. 66:05 Fi1l1trlts "fuh dealer" means any person who engages in the business of selling fish, or of buying fish for purposes of resale, for human consumption; ''fish processor" means any person who processes fish for the purpose of sale; "fisheries ollicer" means tile Chief Fisheries Officer designated a1 such under section 4 and any officer in the public service holding office as a fisheries officer; ''fishing gear" mean• any net, hook, rod, snare, noose, harpoon, spear, or other contrivance or device, and any chain, rope, hne or other equipment appurtenant thereto, dosisned for, or employed in, fishing; "fishing licence" means any licence issued under Part III; "fishing vessel" means any vessel prescribed as a fishing vcuel by regulation made under paragraph (m) of section 58; "fishins VCISCI licence" bears the meanins ascribed to that term by section 11 ; "licensing ollicer" means any pe•·son designated as such under section 16 (2); "nd" means any net which muy be used to fish; "prescribed prohibited method of fishing" means any method of fishing prescribed by the Minister as a prohibited method under section 38; "principal licensing officer" means the Chief Fisheries Officer as provided by section 16 (I); "prJvate waters" means any al--cumulatlon or expanse of water, whether natural or artificial, tho fishing rights over which are not reserved to the Government. "to process" bears; in relation to fish, the meaning ascribed to that term by section 27 (3); "prohibited fishing net" means any fishing net which doea not comply with, or is used in contravention of, any rolovant regulation appropriate thereto or to its use, made under parasraph (11) of section 58; "prohibited method of fishing" means any method of fishing prohibited under Part VI ; "proper officer" means any fisheries officer or any police officer; "registration" means registration under Part IV, and cognate words shall be construed accordingly i "special fishing licence" bears the meaning ascribed to that term by section 14; I.AWS OI• I\IAl,A\\'I Fisherie.r Cap. 66:05 "species of lish ·• indudcs the eggs and progeny of such species; "trap" 111ca11s a11y receptacle, enclosure, fence, wall, obstruction or 111cd1anical structure, designed for, or employed in, fishing; "transit through Malawi" means, in relation to fish, the convcyanrc or fish through Malawi from any place outside Malawi for delivery to any other place outsido Malawi; "trout fishing licence" bears tho 1neaning ascribed to that term by section 12; "vessel" includes every description or wnter craft used or capable of being used ns 11 means of· transportation on water, and capable of be1uing, while ano!'t, the weight of one or more 11d11lt persons; "water" and "waters" means any lako, river, stream, canal, watcn:omse or pond, whether natural or artificial. PART II ADMINISTRATION 4.--( I) There shall he a Chief Fisheries Officer for the purpose of this Act, who shall he an onicer in the public service designated by the l\,li11is1cr. (2) ·1 he< •hicf Hsherics Ollicer shall bo responsible for the carry ing 0111 or the provisions of this Act. (3) The Chief Fisheries Ollkcr may, with the approval of the Minister, delegate any of his functions or duties under this Act to uny lisheries ollker. 5.- (I) There shall he fisheries officers for the purposes of this Act, who shall he ollkers in the public service. (2) Fisheries olliccrs shall exercise such functions and perform .mch dulics as arc conferred upon them by this Act or as are delegated or ussigned to them by the Minister or the Chief Fisheries omcer, and shall exercise such functions and perform such duties in such areas of local authorities or other places in Malawi as the Chief Fisheries Ollicer may direct. PART Ill FISIIING LICE!NCF.S A. General 6. Save a~ is otherwise provided by this Act, no person may engnge in any class of fishing for which a licence is required under this Act, unless he is the holder of a current valid fishing licence appropriate to such fishing: Provided that any fisheries olftcer shall not bo required to hold a fishing licence while ncting in the performance of his duties or in the exercise of his functions as II fishcric~ officer under this Act or under 1111y olhcr wrillcn law. Chier Flshcrlc• ORkt'r l'ishcrlc• olliccrs Fishln1 prohibilcJ Without Y licence I H.O. l1 'llH.'Ul I.A\\S CW I\IAI.A\\-1 Cap. 66:05 Fi.rherie.v ·--- - -· .. --- --- --- --- -- --- ·-· - -- ·- 7. Save as is otherwise provided by this Act, any fishing licence issued under this Part shall be exercisable solely by the licensee thereunder and shall not he lrnnsfcrnhle to any other person. 8.-(1) Where, under any fishing licence issued under this Act, the licensee is entitled lo engage in commercial fishing, he shall be entitled lo employ, for reward• or otherwise, any other person to fish or to assist in fishing, on behalf of the licensee, in accordance ,•:ith the terms und conditions of the said licence. (2) Where a licensee employs any person pursuant to sub section (I), such person, while fishing or assisting in fishing in the course of his employment by the said licensee, and in a manner authorized by the licence held hy the said licensee, need not be the holder of any fishing licence under this Act . • (3) Where any person so employed by the licensee commits any offence under this Act in the course of his said employment, the licensee shall be jointly guilty with such person of such offence, and shall be liable to similar punishment therefor, as if he were the principal offender. 9.-(1) The following are the fishing licences which may be issued under this Act (tr) a commercial fishing licence; (h) a fishing vessel licence; (<:) a trout fishing licence; (,/) a special fishing licence; (e) an aquurist trade fishing licence; (J) such other fishing licences as may be prescribed under subsection (2). (2) The Minister may, from time to time, by Order published in the Gazette, prescribe fishing licences under this Act in addition to those set out in subsection (I), and in like manner may prescribe the terms and conditions of any such prescribed fishing licence, ial 10.-(1) Subject to this Act and to the terms and conditions prescribed for such licence, n commercial fishing licence shall authorize the licensee thereunder to engage in commercial fishing, by the means in the said licence specified, in the waters 1,pecified in the said licence. (2) A comm"cial fishing licence shall not entitle tho licensee thereunder to fish for trout. ll.-{I) Subject to this Act and to tho terms and conditions prescribed for such licence, a fishing vessel licence shall authorize tho licensee thereunder as owner of tl,e vessel identified in the said licence to use the said vessel in the waters specified In the said licence for tho purpose of fishing from such vessel, by any means other than such as is defined or prescribed as commercial fishing under this Act: 1.AWS OF I\IAI.AWI /·1.thcries Cap. 66:05 Provided that where any fishing vessel licence is issued under this Part to any person who is the licensee under a current valid con11nerrial fishing licence, the principal licensing olficer may, in his discretion and subject to such terms and conditions as may be prescribed, expressly include in such fishing vessel licence a provision whcrchy the licensee thereunder shall be entitled lo use such fishing vessel for commercial fishing. (2) The Minister may, from time to lime and as often as he deems ii necessary, by regulation prescribe various categories of fishing vessel liccnce, dependent upon the use of such fishing vessel by the owner then:of, whether for fishing or commercial fishing, and may prescribe special conditio11s to attach to any such prescribed category of fishing vessel licence. (3) A fishing vessel licence shall not entitle the licensee there under to fish for trout from such vessel. 12. Suhject to this Act and to the terms und conditions of such Trout licence, a trout fishing licence shall authorize tho licensee there- cshin1 under lo use the meuns specified in liuch licence, for the purpose of .:cn.:e Iii.bing for trout for sport, in any waters open for tho purposes of trout fishing under this Act. 13.---(1) Subject to this Act and to the terms and conditions of A11uaris1 such licence, an aquarist trade fishing licence shall authorize the :~~c lkensee thereunder to use lhe means specified in auch licence for 11~~~: the purpose of fbhing for live fish for supply lo tho aquarist trado. (2) Every aquarisl trade fishing licence shall be Issued by the Minister. 14.- (I) Nol withstanding any other provision of this Act, tho Special Minister may, upon such conditions as he may deem fit to impoao, r.:101 with or without fee, grant to any person or persons collectively a na: licence lo be known as a "special fishing licence" which shall authorize the holder thereof to fish in any specified waters, by any means specified in the said licence, for any of the following purposes (a) scientific researdt or the collection of specimen• for aquaria, museums and similar institutions; or (b) collecting live fish for stocking specified watora; or (I') the liUpply of food for human beings and animals in cases of emergency when no other adequate food supply is available; or (d) experiment, subject to the direction of tho Chief Fisheries Officer. (2) A special fishing licence may, In the diecrelion of the Minister, authorize tho holder to fish by uny prohibited mcuna or mclhotl or lishing subject to such conditions aa the Minister may dce111 lit lo impose. l.,\\VS CW MAl.,\\\'I Cap. M:115 "' IS. The t\1inisler may, at any time, hy Order puhlished in the · "' '111=,·11,·. limil 1he 1111mher of fi,hin!,t lkences of any da,s which may he isrned in any one year, eilher generally or in respect of any specilie1I aica, plal·e, or walcrs in Mahl\Vi. II. ls.m,•, R1:fim1/, Ue1·0,·nti,111 1111d ( 'm1ccllatio11 11/' J.ic,•111·es '''" 1(,,---(1) The Chief Fisheries Ollker shall be the principal licensing ollicer for the purposes of this Part. (2) The Minister may, in writing, designate any ollicer in the public service or any police officer to be a licensing officer in respect or any area of any local authority or place in Malawi specified by the Minister. (3) Tho prindpal lit:ensing ollkcr shall at all times exercise his powers and fu111:tions under 1he Act in accordance with the dircclions, whether general or special, of the Minister. Every licensing ollker, in the exercise of his powers and functions under this Act, shall be subject to the gcncrnl direction and control of the principal licensing ollicer. o1i,•11 17,-···0) Suhject lo the provisions of this section, every applica 111T lion for a lishing licence shall he made in lhe manner prescribed. (2) Every application for II commercial fishing licence, or for a fishing vessel licence where the applicunl intends to use sudt vessel for commel'cial fishing, shnll he made to the prini:ipnl licem1ing olficer. (3) Every upplicntion for n lishing licence, other than such as arc rcfoHed lo in suhseclion (2) anti subsection (6), shall be made to the licensing olliccr for the area or place in Malawi in which the applicallt is ordinarily resilient, or, alternatively, to tho licensing olficer for lhe area or place where the applicant intend!! to fish under such licence. (4) Any person who is not resident in Malawi, and who intends coming to Mnlawi for pmposes or lishing, may, piior to his coming to Mahl\\li, apply 10 lhe principal licensing officer for a specified class of lishing licence, and the principal licensing officer may issue sud1 licence to such applicant prior lo the applicant's arrival in Mnln,vi. (5) Every npplication for n fishing licence made under this section shall be accompanied wilh the appropriate prescribed fee. (6) This s<.-ction shall not apply to an application for a special fishing licence or an at1uarist trade fishing licence which shall be mntlo lo the Minister in any form or manner which lhe Minister mny direct. .,, or 111.- · · l 1) A licensing olTircr may refuse to issue a fishing licence ;•;~, pursuunl lo this Part if ,I ,· Fi.vl,eries Cap. 66:05 (a) the applicant fails to comply with any prescribed condition p1cl'cdc11t lo the issue of such licence; or (/,) any lit:cnce formerly held by the applicant had been revoked hy the prindpal licensing ollicer or the Minister; or (f) the applirnnt has been convicted ol' an oOencc, under this Act; or (d) the licensing officer is satisfied that the applicant is not a lit or proper person lo hold such licence. (2) A licensing officer shall refuse to issue a fishing licence lo an applirnnl if and when so instructed by the principal licensing omcer in writing. (.3) ·1 he licensing ollicer shall notify the 11pplicant, in wriling, of his refusal under this section lo issue the licence sought and shall therein state his reasons for such refusal. 19. -- (I) In the event of a licensing ollicer, under the provisions of sel·tion 18, rcl'usi11g to issue II lishing licence, the applicant may, not later than twenty-one days after the receipt by him of the notice given pmsuant to suhsection (.l) of the said section 18, appeal, in writing, to the principal licensing officer 11gainsl such refusal. (2) In determining any appeal under subsection (I), the, principal licensing ollicer may consult with the licensing ollker from whose decisio11 the appeal is brought and may uphold the Jucision of the licensing olliccr, or may himself issue the licence as 1tpplied for, subject lo such conditions, if any, as he deems lit to impose. (3) The decision of the principal licensing otlicer on any appeal pursuant lo this section shall be subject to uppcal to the Minister, whose decision 011 any such appeal shall be final and shall nol be subject to appeal to, or question by, any court. A11rcal ,,. prindr.11 lic.:cn1it1t1 olf1<:cr 20. · (I) Where, under thi~ Part, an original application for a Refusal,,, fishing licence is made to the principal licensing otncer, tho said f~':fu~ principal licensing olTicer may refuse to issue such Jicenco if- officer n (a) the applicant fails to comply with any prescribed condition ~01f:!:!:c precedent lo lhe issue of such licence; or (/,) any licence formerly held by lhe applicant under this Part had been revoked by the principal licensing officer or the Minister; or (c) the applicant has been convicted of an olfcncc, under this Act; or (d) the principal licensing officer is satisfied that the, applicant is not a lit or proper pe.-son to hold such licence; or (t') the p.-incipal licensing officer is 11ntisfied that, in the interest nf tish co11sc1vali11n or good li~hing 1111111ugcmcnl, such lic.:cncc should 11111 i~suc. I ,\\\'S 01-' MAI.A\\'I C11p. 66:0!i I- 'i.1/11 •rit·.1· (2) The prim·ipal lice11sing ollirer shall notify the itpplicanl, in "rilill!!, of his 1d11sal. 1111dcr I his scrtion, lo issue lhe li1:c11C1: sought and shall stale his I ca sons for s11rh refusal. ,1 ,., 21. (I) 111 the e1·e11I of the p1 i11dpal lkcnsing ollker, under lhe lo11i,1cr prm isions of section Jll, ref11si111! 10 issue ll lishi11g licence, the nppli~·nnl may. 1101 later 1ha11 l\\enly-011e days after lhe receipt of the notil'e gil'e11 p111s11a111 lo suhscction (2) of the said section 20, uppeal. in Mili11g. 111 the 1\1 inister ngninst such refusal. n1tit,n ,.,110 ,,1.,.•r "' .11i,,11 (2) In determining sm:h appeal, tho Minister may consult with the principal licensing ollieer, nnd 11111y uphold tho decision or the principal licensing ollker or may i11sln11.:1 him lo issue tho licence applied for suhjel't to Mich wmlilions, if any, as the Minister may deem lit lo impose. (1) 'I he deci~ion of the l\1i11isler under this section shall be lin11I und shall 1101 he subjerl lo nppcnl lo, or question by, any court. 22. The Minister 11111y refuse lo grnnl any application made to him, under section 17 (6), for lhe issue of 1l special lishing licence or 1111 uqmttisl trndll lishing lil'e11ce, n~ tho case mny be, nnd his decision on such muller shall he li1111l and shall not he subject to appeal lo, or question hy, 1111y court. 23.-(1) 1·he principal liccnsi11g officer may revoke any fishing licence, other than u spedul fishi11g licence or an aquarist trade fishing licence, issued pursu11nt lo this Part if (a) the licensee thereunder has been convicted or an offence against this Act; or (h) he is sntislied that the licensee thereunder has failed to comply with any of the conditions attaching to the said licence. (2) In lhc event or the revorntion of a fo1hing licence by lhe principal licensing ollil.:er pursuant lo subsection (I), he shall, as soon as is prnclicablc after mdciing such revocation, notify the licensee 1he1eunder, in writing. or such revocation and shall slate his reasons therefor. (3) The Minister may, in his absolulo discretion, revoke any special fishing licence or any lll(UUrist trade lishing licence issued under this l'art, and shall not he rcl1uired to assign any reason for such revocation, and his decision thereon shall not bo subject to appeal lo, or question by, any court. 24.- (I) The licensee under any fishing licence which has been revoked hy the pl'incipal liccnsi11g nmccr pursuant lo section 23 (I) may, 11tlt later than twcnly-onc d11ys nflcr receipt hy him of the notice given pursuant lo suhscclion (2) of the said section 23, appeal, in writing. In the Mi11ister ngainst such revocation. I.A\\'S OIi MAI 4\\-1 Fi.111e/'ieJ ('.ap. 66:05 (2) In determining 1111y such appeal lhc Minister may consul! wilh lhc prim.:ipal lil·c11si11g ollil.:cr and may uphold lhe dt.-cision of the principal licrnsing ollicer, or may instrnct him to withdraw lhe revocation of the said lil·ence amt the principal licensing officer shall, forthwilh, i111plc111c111 such iustruction. (.11 ·1 he decision of the Minister on any appeal pursuant to this sedio11 ~hall he linal nml shnll 1101 be suhjecl to appeul lo, or question hy, any 1:1n11I. 25 .. (I) The principal licensing olliccr may, with the rrior knowledge and apprnvnl of the Minister, suspend for ,my reriod or nincel nny lishing licence issued pursuant lo this Part, other than a spcl·ial lishing lkem·e or an Rlllinrisl trade lishing licence, if in his opinion the interests of fish conscrvntion or good fishing management so requin; such suspension or cancellation, ns the case may be. (2) Any licensee under a fishing licence, other than a special lishi11g licem:e or an aqunrist trade lishing licence, may apply to the p1i11dpal lice11sing ollker, in writing for lhc c1111cellat111n of the lil·e11cc issued lo him under this 1'11rt, and tho pl'incipnl licensing ollicer shull forthwith cuncel su1,:h licence. (]) l lpo11 the suspension of any fishing licence pursuanl to sub section (I). the prin1,:ipnl licensing officer shall notify the licensee thereunder, in writing, of the reriod of such suspension and, during such period, the said licence so susrended shall be of no legal force or effe1,:I. (4) llpon the cancellation of any fishing licence pursuant to subsection (I) or (2), the principal licensing officer shall notify tho licensee the1cunder, in writing, of such cancellation and. from tho date of ~ud1 notke, the said lkcnce so cancelled shall no longer ho of any legal forct: or effect. (S) The Minister may, in his absolute discretion, after consulta tion thereon with the principal licensing ollicer, direct lhc said principal licensing ollicer lo cancul any fishing licence issued under lhis Purl, and the rrincipal lirensing officer shall forlhwith imrlement such direction. (6) 1 he decision of the principal licensing olllcer taken with tho prior know ledge and arrroval of the M inislur under aubsc:ction (I) to suspend any fishing licence for any reriod undor thi■ acction shall be final and shall not be subject lo appeal to, or question by, any court. (7) The dcdsion of the principal licensing officer, taken with the prior know ledge and approval of the Minister under subsection (I), or <•f the Minister, us the case may be, lo canl·el any fishing licence under this section shall be final and shall not be subject lo appeal lo, or question by, any court. 11 Susi,ension and .:atK.-ellallon or lkcn,es l..R.n. //11111 .,i,h.11ion li,h ""'"" ..:.1'ill,11ion ti,h • l"),11fl :•"nut ion ;,.,h .,,1lc11 I l'l•rlrrs Cap. (,6:0~ l'ART IV RHHSIR,Hll>NS 26. -- (I) Any person who, after the date of commencement, engages in the lmsiness of sellinr,. hy wholesale, fresh or processed lish in f\·h1h1\vi. m who eugages in the business of the carriage or trnnsportation of sm:h tish from the primary producers or pro cessms thc1cof to any olher person engaged in the husiness of selling lish, shnll n~gister as a lish dealer with the Chief Fisheries Olliccr. (2) E\'ery npplirnlion for n.:gistrntion under this section shall be in writing and made in the manner prescribed and shall be accompanied with the approp1iah., prescribed fee. (.1) This section shall not npply to any licensee under a com mercial lishing lkem:e in respect of any fish caught under such licence. (4) Any person who foils to comply with the provisions of suhsedion (I) shall he guilty of an offence. 27.--(1) Any person who, ufter the date of commencement, in any one week processes for snle for ultimate human consump tion any quantity of tish ellceeding, when caught, more than one hundred pounds in weight shall register as a fish processor with the Chief Fisheries Otficer. (2) Every application for registration under this section shall be in writing and made in the prescribed manner and shall be accompanied with the appropriate prescribed fee. (3) For the purposes of this section the expression "process,'' in relation to tish, means curing by smoking. drying, salting, frce1ing. icing or cunning, or other method, whether similar to the foregoing, or not, for the purpose of preserving such lish; and cognate wo1ds shall he construed accordingly. (4) Any person who fails to comply with the provisions of subsection ( I) shall be guilty of nn olfence. 28.---(1) Any person who, after the date of commencement, engages in the business or exporting fresh fish from, or importing fresh fish into, Malawi, shall be registered as a fish ellporter or importer, as the case may he, with the Chief Fisheries Officer. (2) Every application for registration under this section shall be in writing and made in the manner prescribed and shall be accompanied with the appropriate prescribed foe. (.l) Any person who fails to comply with the provisions of subsection 11) shall he guilty of an offence. I.AWS OI' I\IAI.A\\"I f'islu•ric.1· C1p. 66:05 29. The Minisler may, hy Order puhlishcd in the Gazefle, make regululions for lhc llClter can ying out of this Part, and, without prejudice lo the generalily of tho foregoing, may in such regulalions provide for (11) the frn ms of applications, registers 11111111ther documents; (I,) the manner of slo111ge, handling anti p1c,ervation of fresh tish for p111 poses of sale; (I') the deslruction of tainted or disensct.1 lish without com pensation; (c/) the manner of processing to he used hy registered lish pn1cess1>rs; (f') lhe classes of fish whkh may be exported from or imported into Mah,"·i, whclhcr alive or dead, processed or otherwise; (f) the e11amination of tish, whether alive or dead, intended for c,iport from, import into, or in the course of transit through Malawi, 1111J the 1cstril:lion or prohibition of any such export, import or transit; (,t:) such olhcr matter as may he prescribed under !his Part. PART V Gl:Nl:RAI. Rl:SIRICl IONS 311. Any person who, without the prior wrillen consent of tho Minister (a) transfers fish of any species from any fish-pond or water in Mala1vi lo any other lish-pond or water; or (b) stocks any fish-pond or water with fish, shall be guilty of an otlence. JI. Any person who, without lhe prior wrillen consent of tho Minister, introduces into any water lish of any species not naturally indigenous therelo or lo any other waler in Malawi so connected thc1ewith that nalural inlerchange of specie~ hl!lwcen such waters is possible, shall he guilty of an offence. 32. Where the Minister is of opinion that any fish have been transferred or introduced into any fish-pond or waler in Malawi in contravention of section JO or section 31, us the case may be, he may, in w1iting. instruct any proper ollkcr lo seize such llsh. 33. The Minister may, in writing, direct the destruction of any fish sei1cd in p111s11ance of nn inslrul·lion given by him under section Jl. No w111pensn1iu11 shnll ho payable, in respect of any sud, fish so destroyed, either to the owner lhe1eof, or to any other person. 13 Rc1ula1inn1 under this parr Prohlhlr Ion uf lran1 CcrrlnJ flah, 111xkln1 water with tilh, etc. Prohibition of lntru• ductlon or new 1pcdce l'o,.cn of Chid Fisheries Ollk·cr in relation lo SC<lilllll lO and )I llatruclion uCllsh scitcd under IC\:lllln J2 I..ROl/191J 14 1'1,•hlblllo11 or tfhculun itf "'h"-·kcd ,,.,1crs l',•!lseuion 111d acquhl ti,,n or ,.-,rl,,slves, poi1on, etc., ,.,, li,hina l'res,rthed 1•111hihi1cd ,11dlutds ,r lbhtna I.,\ \IS ( Iii I\ I,\ I.,\ \\ti ('11p. 6f1:05 34. Save as is olhcrwise provided by any olher wrillen law, uny person who dive, Is I he ,1 alers of any lake, river, stream, pond or privale wale1s inlo whil'h lish have been introduced with the consent of lhe M inislcr, shall he guilty of an offence, unless the ditch. channel, l'anal or waler pipe or other means used for the said diversion of s11d1 waters is suitably equipped with screens or lilters 11pprnvc1I hy the Minister. PART VI PROIIIIIIHII M1:n101>s OF FlSIIINO 35. - (I) Any person, 1101 being so authorized under any fishing licence issued under this Act, who, without the prior written consenl of lhe < 'hief hshe1ies Ollicer, uses, or knowingly permits the use of, any ellplosivo suhstance or device for the purpose of capturing or killing lish or rendering such fish more easily captured or killed shall he guilty of an offence and liable to a fine of KSOO or imprisonment for a term of 0110 year. (2) If, in any proseculion under this section, evidence is adduced by lhe pros1.,-cution thal un ellplosion occurred in any waters, and that the accused. wilhin two hours after the said explosion and within one mile of the plnrn where it occurred, was in possession of any tish whil:h, in the opinion of any 1>ropcr olficer, had been concussed, sud1 evidence shall be prima /acle evidence lhat the accused permitted the use or ellplosives in contravention of this section. 36. Any person (11) who, recklessly; or {b) not being so authorized under any fishing licence issued under this Act, who, without the prior written consent of tho Chier Fisheries Officer, knowingly, deposits. lays or imphmts uny poisonous or noxious substance In, or introduces any such substance into or causes or permits any such aubstanco to be doposited, laid or implanted In, or introduced into, any waters, for the purpose of effect111g, or in such quantities as lo effect, the stupefaction, injury or death of fish In such waters, shall be guilty of an offence. 37. Save with the wrillen permission of the Chief Fisheries Officer, or ns authorized under any fishing licence, issued under this Act, any person who, for the purposes of fishing, possesses, buys, or knowingly makes, componnJs or sells any explosive substance or devil·c or any poisonous or noxious substance shall be guilty of an offence. 38.-- (I) Whenever the Minister is of opinion that any method or fishing. otherwise lawful unuer lhis Act, may prove to be unduly destrnctive to the stocks of lish in Mala,vi waters, or to those of any piu-tirnlur species of fish, or to the slocks of lish or I A\\S 01' IIIAI.A\\I Cap. "6:05 or any specks or li,h III Malaivi walcrs generally or in those of nny partirnlar area, distril'l or place, he may by Order published in 1hc <i11:1'/II! dedarc such method of fishing to hl, a prescribed prohihited mclhod of Hshing. (2) Any Order made under this serlion may prescribe such method of fishing to he a prohihilcd method of lishing for nny fish or for any spei:ilinl speries of lish, 11ml may prcscrihc such method of lishing to he u prohihitcd method of lishing in any wnters throughout Mala,vi or in the waters of nny specified nrca, district or place, or may prescribe conilitiuns under which such pres• cribed prohibited mt:lhod may he used. (]) Any person who uses any prescribed prohibited method of lishing in conlravenlion of nny Order made under this section shall he guihy of an offence. PART VII M1sn:1.l I\Nl:OllS J9. (I) The Minister mny, hy Order published in the Gazelle Clo,e prcsnihe thnt, liming nny period specified in such Order, ftshing, acasons generally or lishing for nny species of fish specified in such Order, shnll he prohihi1cil. (2) Any Order mmle pursuant to subsection ( I) may, by its terms, npply genernlly throu~hout Malu,vi or mny be limited to any aren, district, plal'e or waters in Mnlnwi specified in such Order. (3) Any person who l'ontrnvenes any Order mnde under sub section (1) shall be guihy of an offence. 40.-( 1) Where nny fishing weir hns been erected in any water in Powa-1 or Malawi, and any Hshing olficer is of opinion that 1uch fishing weir, Ibo':!:. in its present state, constitutes, or could constitute, a danger or In,... 1 imped1111enl lo the protection or conservation of fish atocka, he or :J: may, subject to the gencrul or special directions of the Minister, by notice in writing, require lhc owner or other person in charge of such weir as the case may be, to make, in mid-channel of such weir, an open gap of such width as he may direct in such notice, or of such dimensions and plncing as to permit the free and un hindered passage of lish through such gap; and he may therein further direct that such gap shall be left open for a stated period of time or until further notice. (2) Any notice under suhscction ( I) mny be served upon the person to whom it is directed by delivering 11 copy thereof to him, personally, or hy sending such copy lo him by ordinary post in a scaled envelope addressed to him at his last known post11I address. (J) llpon rcl'cipt of any notice made under subsection (I), lhe owner, or person in d1a1 gc, of the snid fishing weir shall, as soon ns is prncticahlc, comply with the requirements of such notice. 15 /..It.II. ///U,~.1 16 Rftthl of' ~nlry 27 <'r 19H4 Rlaht or search anJ aclzuro l7 or 1984 (4) Where nny fish in~ weir, in respect of which notice has been served pursuant to this section, l·ontinues to be used after the service of such notice, in nmtrnvention of the terms thereof, any proper ollicer may, subject to the general or special directions of the Minister, enter upon any lnnds necessary, und destroy such weir, or in his discrelimi alter it in such a way as to make it con form to the rctt11irc111cnts of such notice. (S) Any owner of any fishing weir destroyed pursuant to the prnvisions of suhscction (4) shall not be entitled to any compensa tion for its sni1I deslrnl·tion. (C,) Any person who, without rcnsonnble excuse, foils to comply with the rc11uiremen11 of 11ny notice directed to and served upon him under this section shall he guilty of an offence. 41. Any proper ollkn, duly authorized in writing by the Chief fisheries Oflker to 111.:1 under this section, may, without, warrant, enter upon any land, huilding, lent, vehicle or vessel for the purposes of carrying out the provisions of this Act, or for the purpose of preventing or detecting any offence under this Act: Provided thnt 110 private dwelling house shall be entered pur s1111111 to this section save in the presence of the occupier or of a 11cr11011 over the npparcnl ugc of sixteen years who reside• therein 11s II member of lho m:cupicr's fnmily. 42. -( I) If 11ny proper ollicer, duly authorized in writing by the Chief Fisheries Olliccr lo act under this section has reasonable grounds for believing thnl nny person has commilled or is com milling or is uhout to n,mmit an offence under this Act, or if any sud, ollicer thinks it necessary for the purpose of verifying any licence or permit purported to have been issued to any person umlcr this Act, he mny, without warrant, inspect and search any building or tent or uny haggagc, pock.age, wagon, caravan, vehicle, vessel or uircraft in the possession or under the control of such person; 11ml if, during i;uch inspection and search, 1uch proper ollicer finds nny fish, whether olive, dead or processed, or any rod, net or fishing trap or other fishing gear or any explosive device, or any poisonous or noxious substance, or any vcsacl, vehicle, aircraft or any other nrticle, which appears to him to have been oblained, or to he possessed, or to have been used, or to be about to he used, in contnwcntion of this Act, such fish, rod, net, fishing trnp or other lishinl! gear, explosive, explosive device, poisonous or noxious substance, vessel, vehicle, aircraft or such other article, may he seized nnd detained by such proper officer on behalf of the Chief Fisheries Ollicer. (2) Any such proper ollicer who seizes and detains any property pursuant to snhscl'lion (I) shall give to the person from whom such prnperty was seized II receipt therefor in the prescribed form sipllcl\ hy such proper ollicer as the case muy be. I \\\'i IIF 1\1\1 ~\\I (]) 111 tlw 1·,rnt 111' (a) tlw ( 'hi··I' I i,lini,·, < lll1< ,., IH'illg ;1th·i,cd in w1 iting hy the ('hid' 1'111,lw 1•,,, .. ,,.-,,1,,, 11111 11,, p11is,·,·111i,,11 t·1111st·q111·n1 upon any ·"•;111·h and , , i1111,· 111:,.I• 1111.f,·r :.1111·,n:tion (I). 111 1clali11g lo illlY p11•1w11 y •,.,,,,I in I h,· 1 "''' :,,; .. r ,uch sea1 d1 and sciLurc, ,lmultl hr 111,til111l'•I, "" (/•) any ~11.!1 p111•,,.r11ti1111 as 11·k111·1I In in pnrnµrnph (a) hu, 1111 1• h1T11 li11:illv 1·111Hl111',·1I. any s11d1 p11•1ll'1ly "' ,,·itl'tl aml detained ,,hall he rel11rnrd lo lhc owner 1h,·1,·,1I "' 1 .. th,· I"''""' f.,111, wh.,,,. n1•,1t•Jy ii was lnkcn, as llw ( 'hil'I' I I .Ii.-, i,·, ( I/Ii l'I ,k,·111'1 111·:tl. wilhin ll'll 1lays from the tlall' of the 11·, ,·1111 hy '"" ( 'hid. 1 ·ull'ri.-s Ollkcr of lhc llllvice of th,: l 'hicl' 1'11hli,· l''"".,.11111r lhal no 11111•,cn1lio11 ,lic111lll he i11sti1111ed. or f111111 th,· dah' 011 1·,hirh anv ,uch pro,eu1li1111 is ti11ally r1111t:h11lnl. ;" 1111· l':1,,· 111:iv lw: l'rovi,ktl that"") ,ul'h l"''I'' II) shall 11111 he 1c111rnahle under this s11h,vl'1i1111 ii' it h:i, 11,·,·11 ti·, l:11,·,I In th,: n11111 lo he fo1fcill'tl, or ortlen:d 111 bl.' ,k:,t111yl·d, 1111d,·1 lhi, t\l'l 111 uny 11th,1 w.-illen law: And f1111hn p1mid1·ll lh:il wh,·11• 1111y prnpc1ty M• ~ci1.c,t hns heen sold p111 :,11,1111 lo i,ccli1111 '\ the p1 ot:~l'tls of i;11d1 h:th:, less lhe cosh 1hc11:111'. ,hall. 1111k:;s ii has h,'l'II 1kdarcJ hy llu: court lo he lrn f,:itnl, 1,,, pa)',thlt! hy 1lw Chid' li~hcrics Ollicer lo the parly e111i1k1I lo lhc "'111111 nl ,;11d1 piop1·11y 1111dcr this s11hscc1ion, and such paynll'nl ~h:111. li11 all p11.-p11~,·~. he JcemcJ lo be, und shall conslil11lo:, the n·t111 n 111' ,11d1 prop•·11,· 1111t.ler this subscclion. 17 4.l. (I) \Vlw1c a11y p,·1::t111 i, fo11111I I, ,· any proper officer Powerol commilli11g ;111 ,•lli-11,·c or,,,, :i,nno1hl) ,,11·,1•,1·1c,I by such ,,n,per ■rrcsl t•llieer of ha\i11g l'"111111i11ctl an olh-11.'c 1111.l,.·1 1his Act, such proper ollicn may rcq11i11· s,11:h p,·, ,,, ,11 t,, f11rni,h hi~ name 11ml adJres■ , 111111, if such p.:1 s1111 1,·111,,·, 1" 111111i1,h s11d1 i11lor111111i1111, or fulls to f11111ish ,11l'l1 i11f' .. 1111alit111 111 the sa1i~fac1i1111 of 1md1 tlroper olliccr, or ir s11l'l1 11111p,·1 ollie:r li:1s rcas1111ahh: 1,tro1m1ls for believ ing lhal, unh-s, a11c,1cd. ,11,·I, 111·1~1111 1\1II ,·~cape or cause 11n unre.isonal,I,• :1111,11111111f 1kLI~. 111,1,hk or npcnsc in hcing made a11~1wrnhh: 11, ju~t ic ., he 111:iy ,1111· ,I s11d1 1wrso11 fo1 lhwilh. (2) Any person al'll slrd p111 :,11anl lo i:uhscction (I) 11hall, as soon us is prnctil'ahle he la~en l,·:fon· ii l'ourt, 111111 shall not be dctai1wd under this s1·rlion lor lnn!• . .-r 1111111 is reasonably necessary for such pu1 posc. 44. (I) Any li,·l 11,·,·. l'l'I mil. a111h11ri1y or olhrr document issued p11is11:1111 ,., 1111~ ,\t'I •.h:ill. 11p1111 ll'1111c·:I. he p1t1tl111:c1I hy the holder th,·1<"111' 1111 i11,pnli1111 h1 :111y prnp,·r 11llic,·1· or any other person lhl:1c1111lo ,li1ly a11lh11ri,,·.I in w1i1i11r, hy the Chief Fisheries < >llicer. nocumcnlt lo he p1ml11ccd on ICljUC\I L.R 0. 1/1'19 I ,\\\S CW I\IAI.A\\I Cap. M,:O~ (2) t y 1w1son 111111, 11 i1h11111 1 rasonahll· cause or excuse, foils lo comply \\ilh any ll''llll'SI 111;id,· pms11;111I h• s11bsec1ion (I) shall be guihy of an olfrnn·. u 11 ion1 4~. (I) 'I he ( 'hid. l'uhlic l'1<1Sl'Clllor may, at lhc wrillcn , 1hi1 rc411l·s1 of IIH' < 'hid' I i~hn it's Ollker, in wriling nominale hy name m I ank a11) pulili•: ollic,·r nr class of public ollieer of the Fisheries I kp,11111,cnl 10 11111k1 lake nml prosecute criminal pn~-ccllings in 1l·sp,:c1 of any ,,!knee nllep.cd to huvc hcen com millcc.l hy ;111y pcrsnn in c111111awnlio11 of !his t\ct anc.l may at any time, \\ithoul nM,i!l,ning any I ca~1111 therefor, in writing cancel any such 110111im1lion. ,,,,,,,..,,, h:rn:.: or t'l'UIIII' lltfl ,·I 1111..-tlon .,111.:~u (2) In 11mler1aki11g ,,r p111s1T11li111,t any proccrdings pursuant to subsection (I), such puhlic Plliccr shall net in ncconlance wilh the ienerul or spcl'ial dircc1i1111s of 1hc C'hicf l'uhlic Prosecutor and shall, for thli purpose of a11y surh 1nocc,·1lin11s, have the powers of a public prnsl'Cutor appoinlnl umler any wrillcn law for the time being in force. 46. For lhc purpnses of any proseculion for an olTcncc under this Act involvin~ any lishi11g vessel, the person whose name is shown 1111 1he c11nl·111 fishing H·ssd licence in respect of such vessel, us the owm·r 1he1l'111', shall he ,leemcd to he such owner, unless the conlrn1 y is pmn·.I hy him or hy ony other peri1on who .claims to he the tl\\'lll'I' of such vessel. l'I\RT VIII ( )I 11 Nt 'IS, f'I N -\I 111 S ANI> FOIH'l:l'I Ulll'S <17.--(1) Any pc1so11 who (t1) obstru\:ts nny proper oflker m nny duly appointed person in the lawful cxc,cisc of a11y powern conferred by or unc.ler this Act; or (/,) refuse~ lo furnish :111y pwpcr olHcer or nny duly 11p1l0inted person, on rcq11cs1, wi1h anv par1ic11lars or information to which the s11i,I propl~r 111liccr or tl11ly appoinlctl rerson is entitled by or under this Act; or (<") wilfully or 1cddcssly g.ivcs lo ;my proper officer or any duly appointed person any false ,11· misleading particulars or informa tion on uny mailer or fact of which the saic.l proper officer, or duly nppoi111l',I person, as Ilic cn~c mny be, ls entitled lo be informed hy ,,r umlcr this Act, shall he guilly or an olTcncc. (2) For lhc pmposcs of !his section the expression "duly appointed 1,c1s011"' llll',111s any l'l'l'son to whom duties in con nexion with thl• 111lmi11i~11111io11 of this Act have hccn delcg11lec.l by lhe Minister or the Chief l·bhcii.:s Olliccr, as the case mny he, pursuant to !his Acl. I ,\\\S 011 1\1,\1.A\\I /'Mrrri<•.f Cap. 66:05 19 48. - (I) Any person, who is nol exempl from lhe provisions of l'hhlna lhis Act, and who, l'Olllrary lo lhc pwvisions the1eof, fishcs 1 11ny j-hhoul walcrs in Mala,,·i wilhoul heing the holder of a fishing licence ,ccncc approp1 ialc lo s111 h Hshi11g shall he g11illy of un offence. (2) A11y person convicled of conunerdal fishing without heing the holder of the appropriate fishing licenco shnll be liuhlo ton line of K 1,000 or lo i111p1ison111e11I for II term of two years. (3) Save ns provitle1I in suhsection (2), nny person convicted of fishing for which a lkence is required under this Acl, without being lhe holder of a li~hing licenl·e appropriate to such fishing shall he liable to a fine of K250 or 10 imprisonment for u lenn of one yenr. (4) In any prorcc<lings for nn offence ugninst this section the onus of proving lhnt lhc fishing was in nccord1111ce with a v11lid fishing liccnl'C shall rest upon the accused. 49. --(I) Evcry licensee untlcr II fishing vessel licence sh11II, at all times when such vessel is hii.ng used for fishing, keep on public display in a prominent plncl.l Yid such vessel, the current fishing vessel licence issued in respect of such vessel under this Act. (2) Ewry licensee under n co111111erci11I fishing licence shall, ut all times, keep on puhlic 1lbplay in a prominent place in his principal place of business in Mul.11vi, the current commerci11I fishing licence issued to him under this Act. (.\) Any person who contravenes the provi1i1111ij of this section shall he guilty of 1111 offcnl·c 11nd liahll.l lo a fine of K.SOO or to imprifionment for II lei m of one year. Display or ft,111111 \CSS<'I and cununcr• dnl fishina lk.:c1K"c1 50. Any person, being n person required by or under this Act f1flu.-. to to keep nny record or to furnish uny return or infonnntion lo the keep rc:cocd■ or rurnl1h Minister or to the Chief Fisheries Oflicer, who- ,ciurn■ (a) fails to kccp such record or to furnish such return ur information ns and when rel1uired; or (I>) fail to make uny enlry in such record or relurn ns 1111d when required; or fr) mukes, with intent to misleilll, uny entry in such record or furnishes nny return or informution which is false in mnteriul parlicular. ~hall he 1rnilty of an ollcncc. 51. Any person who, wilhoul lawful nulhorily, alters or deful,es nny licenl·e, pcrmil, a111ho1 ily, ccrlilicale, return, record or other document prc~crihcd, iss11c1I. furnished or kept pmsuunt to this Act, i;h11ll be guilly of an offcm:c. Allcr11tlon or Jcriu:e• """"' ,,r IK'rncC:il, clc. L.R.O. 1/IWIJ 20 ros<e<sion or fi,hi1111 net• Ocncral penalty l'nrrcilure on .:on,k:lion 21 .. r 19114 L\\\'S ()fl 1\1,\I.A\\'I ri.flwri«•t ~2. ( I) Any pl'rso11 who is found in possession of (11) a prcsnilw,I prnhihitcd fishing net, without tho written permission of the l :hicf Fisheries Ollkcr; (h) a li~hing net, 011 any waters or within two hundred ynrds of lhc shore or hank or any waters where fishing hy net is I'' l 1hihitcd; le') a lishing net. 011 any waters or within two hundred yards of the sho1c or bank of nny such waters, where the mesh of such lishing net is of a size prohibited for use in fishing in such wnters, shall he guilly ol' an offence. (2) For the purposes or this section the expression "prescribed prohibited fishing not" means any fishing net, the use of which i■ prohihitcd, under nny regulation mode under this Act. ~-1, Any person convicted of nny offence under this Act or under any regulations or rules mude thereunder for which no other penally is prescribed shull he liable lo a fine of KIOO or to imprisonment for II term of six months. 54. ( I) I lpon the wnviction of any person of nn offence under lhis /\cl, lhc court shall, 111 the request of the prosecution, in mldition to any other penalty imposed, declare uny fish, whether alive, dead or processed, rod, net, basket, fishing trnp or other fhhing gear. or any explosive device, or any poisonous or noxious suhslnnce, vessel, or nny other 1ulicle, or subject to the provisions of subsections (2) to (K) inclusive, any vessel, engine, vehicle or nircraft, with which lhe offence was committed, or which was used in, or for the purpose of, or in relation to, or in connexion with, the commission of the said offence, to be forfeited without compensation nnd shnll order the same to be dis1,osed of as the Chief risherics Officer deem11 fit. (2) Where the prosecution requests a declaration of forfeiture pursu11nt to suhseclinn (I) in respect of any vessel, engine, vehicle or uircran, the court shall make nn order (hereinaner referred to ns n comlilinnnl order) thnl, unless any person, other than the l'.onvicted party, claims, pursuant to this section, any right of owncnhip in the snid vessel, vehicle or aircraft within three months of the llato of publiealion of lhe notice pursuant to 1ub section (J), lhe p.-oscl'ulion may apply lo the court e.-c parle for a dcclarntion of forfeiture pursuant to subsection ( I), and the court sh:ill make sud, dedarnlion. (.l) llpon the making of n conditional order pursuant to sub Sl'l'lion (2), the Chief Fisheries OITicer shall, wilhin one month thercnfter, cause to he puhlishcd in the Ga:ette nnd in one issue ofa newspaper in general cirn1lation in the pince where the offence was committed, a nolicc of the making of such o·rder, which said notice I.,\ WS OF MALA \\'I F/sl,erit.f Cap. 66:05 shall be in the form prescribed, or, if no such form he prescribed, in n form approved by the court. (4) If, under any wrillen law, requiring registration, tho said vessel, engine, vehicle or aircraft is registered in Malawi in tho name of any person other than the party convicted, the Chief Fisheries Ollicer shall, within seven days after puhlication in the Gazelle of tho notico pursuant to subsection (3), causo a copy of such notice to ho sent by registered post In a scaled envelope addressed to such person at his address as it appcan on the appropriate register, and the certificate or registration or such letter shall he conclusive evidence of compliance with this sub section. (5) Any person who cl11ims any right or ownership 1uperior to that of the convicted pnrty in any 1uch veuel, engine, vehicle or aircrafl may, within three months after the date or publication in the Gazette of the notice pursuant to 1ubsectlon (3), aorvo upon the Chief Fisheries Officer, and lodged, with the clerk of tho court which made the aforementioned conditional order, an application for the discharge of the said order, setting out his claim of owner ship of the said vessel, engine, vehicle or aircraft, a1 tho cuo may ho; and the said clerk shnll thereupon fix a dato, boing not les1 than one month after the dale of the said lodgment, for tho hearing of the said application; and shall, within seven day, aner tho said lodgment, cause notice of hearing of the said application to be served upon the Chief Fisheries Officer. (6) In any proceedings hrought pursuant to subsection (5), tho onus of proving ownership of the said vessel, engine, vehicle or aircraft shall be on the applicant. (7) Where, upon any application made under subsection (5), tho court is of opinion, that the said vessel, engine, vehicle or aircraft 11 the case may be is (a) jointly owned hy the applicant and tho convicted party; or (b) tho aubject matter of a hlre-purchaao agrcomont botween the applicant and the convicted party the court ahall (i) in tho caso of (a) above, doclare forfeited all of tho estate, interest or .-ighl of ownership of tho convicted party In and to the said vessel, engine, vehicle or aircraft, and order the same to be disposed of in such manner as the court ■hall direct; or (ii) in tho case of (b) above, declare forfeited all of tho rights accrued to the convicted pa.-ty in tho said veucl, engine, vehicle or aircraft, as the case may be, and order tho same to bo dealt with pursuant to subsection (8). (8) Savo with the consent of the Chief Fiaherie1 Officer, any right of any claimant under any hire-purchase or instalment salo 21 agreement or under the Hire Purchase Act to repossesa any vessel, Cap. 41:05 L .•. O. l/1986 22 I.A\\'S OF MALA~I FiJ/1erle1 engine, vehicle or aircraft which is subject to a conditional order made pursuant to subsection (2), shall be suspended pending tho determination of any application brought pursuant to subsection (5), amt in the event of the court declaring the rights therein accrued to the convicted party to be forfeited, tho said accrued right to repossess the said vessel, engine, vehicle or aircraft shall not be exerdsablo against tho Government, and tho ChiofFiaherios Ollicer shall elect either to deliver up the said vessel, engine, vehicle or aircraft to tho claimant absolutely in aocordanco with tho said hire-purchase or Instalment sale agreement or under tho said Hire Purchase Act; or to pay to the claimant tho balance of tho purchase price remaining unpaid under tho said hire-purchase or instalmonl sale agreement or under tho said Hire Purchase Act, and tho claimant shall thereupon transfer the ownenhip of tho uid vessel, engine, vehicle or aircraft to the Government. Porfeltun 54A.-(1) Where any property, not being perishable good■ IIDd dlapoeal described In section 55, has been 11elzed under section 42 and tho :'.::a::' owner thereof is unknown or, after all reasonable inquirica .havo CIUIIIOC been made to trace his whereabouts, cannot be found In Mala-,\,I be 'r:rt, 91 , and by reason of that fact procoodin1s for the offcnco In relation to which the property was seized cannot be Instituted against him, the Chief Fisheries Officer may, aflor three months from tho dato of the notice published under subsection (2), apply to the court ex parte for an order of forfeiture and disposal of tho property. (2) Before making an application under subsection (l), tho Chief Fisheries Officer shall cause to be published in tho Gazette and in ono issue of a newspaper in general circulation in tho area whore tho property w11s seized and shall further cause to bo displayed in at least three public and prominent placea in that area, a notice of his inlenlion to make the application, which notice, shall bo In the form prescribed or, if no form la proscribed, in the form approved by the court. (3) Upon an application under subsection (I), tho court, if it ls of opinion that the roquiromonts of that 1ubaection havo been satisfied, shall, subject to subsection (4), make an order declaring lho property in question to be forfeited and directing that it shall bo disposed of as the Chief Fisherio■ Officer con1idora appropriate. (4) If tho property which is the subject of an application under subsection (I) is a vessel, an engine, a vehicle or aircrafl the order made by the court shall be a conditional order and the provisions of subsections (2) to (8), inclusive, of soction 54 ,hall apply, mutatl.t mutamlis, to tho order as if it were an order made under that section. l.AWS OF I\IALA\\"I Fishtrits Cap. 66:M 22a 55,-{I) Where any lish, whether alive, deed or processed, Dbponl or or other perishable goods ere seized under tho provisions of section " 1ft bl 42, in relation to or in connexion with the alleged commission =~d, • e of an offence, the Chief Fisheries Officer may, in his absolute discretion, sell such fish or other perishable goods by publication or private sale, as he deems meel. (2) In the event of a sale pursuant to 1ubsection (I), tho Chief Fisheries Officer shall deduct from tho procc:eda the costs of such sale, and shall retain tho balance ponding tho determination of any proceedings brought in respect of tho said offence and ■hall deal with such balance as directed by tho court at tho conclusion of the proceedings: Provided that if it is decided not to prosecute in roapoct of 1uch offence, tho Chief Fisheries Officer ■hall deal with tho ■aid balance of tho said proceeds of sale in the manner provided by ■ection 42 (3). (3) If tho owner of any fish or other perishable aooda sold pu.-auant to this section is unknown or cannot bo found, tho Chief Fisheries Officer may apply to tho court eic par•• for an order of forfeiture of tho balance of the proceed• of 1uch ■ale, u beln1 tho procceda of the sale of goods reasonably suspected of havin1 been used in relation to or for the purpoacs of tho commi11lon of an offence under this Act. (4) The Chief Fisheries Officer shall not bo held llablo in damages or otherwise to any person by reason of his oxorclao or non-exercise, in good faith of tho powers voated in him under thi• section. / .. lt.O. 1/l'Nill H1hl'ril'.v 5<1. When: a11y licensee. or any holder of nny permit or authority, is\111.:d p111s11anl lo this Act, is convicted or an offence under this Act the mu, I shall, in addition to any penalty imposed, oilier the said person lo suirender forthwith to the <'hicf Fisheries Ollice, the said liccm:c, permit or authority. us the rnsc may he, to he dealt ,~ilh hy the said Chief Fisheries Ollicer in m:conlance \\ith this Act. l'AllT IX 1-'0IIMS ANII Rr:Olll.,\IIONS Sunc111k1 or liccn,c permit or oulhuril)' lo Chier rishc1i..-s Ollkcr on 1:ou,·k:1ion 57. ·1 he l\li11i~lc1 111ay, from li111c lo lime hy ret(ulations made J·urms hy nolil-c puhli~hl',I in the Ci11:1•1te, p1csc1ihe fonu~ lo he U~ll rm 1he p111p11,,e~ of this At·I, nml may, in like 1111111ner, umeml. vary. alter or rnnccl any form so prcsciihed. ] I 5H. The Mi11i~h:1 may, hy 1eg11lalions 111ade by notil:e puhli,;hed Rcaulali,,n, 111 the ( ,azettc, pres,..-ihe anything which hy this Act 111ny be prcst·1 ,hed and in , espec:I of whkh no other prcscrihing nuthorily is spffilit·d. a11d may. i11 like manner, make regulntions for the heller l'ar1 yin~ lllll of this Act and, without pre judice to the gene1ali1y of the foregoing, sud, regulations mny mul..e prnvision for (a) returns lo he furnished to the Minister or to lhe Chief Fishe1 ies I >liker, as the cuse muy he, hy holden of fishing lkcnc~s. permits or authorities issued under this At·t; 11•11c1111ns 111 he furnished to the Miuistcr or lo lhc Chief 1'i,hl·1 ic~ Ollirc1 hy nny regislcrcd fish dculera, fish prnce110r11, i111p111 leis 111 exporters; (I') recs payahle upon applil'lltion for nny clas» or category of fishing lit:c11ce, permit or n111hority under this Acl and for the 1egi:,11a1i1111 of any fish dealer. fish processor or importer or 1,Xi\'-tl lcr of lish; Ii/) the ,emission, in t:ertnin apedlied coses, of any fees payable by 1111y person under this Act; (e) the pmhihition, control or regulation or fishing in Malawi, generally 111 011 a11y specified \I.Ulcrs in Malawi; (/)the te, ms 1111d conditions under which any fishing licence or presniln:d dass or rntcgnry of fishing licence, issued under this Act may he c,-,erl'ised hy the licensee thereunder; (.d the terms und conditions under which any fishing licence 111ay he issued; (Ii) the issue of fishing lit·cnccs for uny period or less than one year; (i) the issue of lishing licences for pcliods of not more than li\c ycai,; L.R.O. I//~. IA\\'S 011 1\1,\I.A\\'I ('ap. 6(,:115 H.1/writ'.f ( i) lhc li111i1111i11n of any class of lishing lit·cnre to spccilied \\aic,s in M11h11i.i: (A) lhc 1cgula1ion and ron1111I of lrout fishing in Mal:l\vi; (/) 1he nmnhcr of fish II hid, may be caughl under any class of fishing liccm:c dming lhc pc, ind of its validity; (111) the dassifkalion, on any basis, of vessels us fishing vessels fur the pm pmcs of this At:t, and, in this regard, such regulnlinns mny rclalc any such dnssificalion to the waters upon which such vessels aic used for lishing, nnd may pre scribe different hascs of sud1 dassification in respect of different waters; (11) the mesh sizes and the types of fishing nets and tho materinls from which such nets are made and the sizes and types of long lines, fishing traps or other fishing appliances, whether similar 10 the foregoing or otherwise, which may be used generally, or in any specified waters in Mala,vi, for the capture of fish or of any spec.:ilied species of fish; (o) the hours of lho day or night during which llshing, 1encrally, or for any fipel'ilied species of llsh, Is prohibited whether gcncrully througlwul Malawi or In any specified area, distl'ict or place or in 1111y specilied waters; (p) the places nt which fish mny be landed for commercial disposal; (q) the clnssilicnlion of any specific means of lishing, or of any specific use of any stated means of fishing, to '.>e commercial fishing: (r) the regulation und con1111I of fish culture, fish forming and fish hrccdintt: (.,) the stnndard 1111d ,111:1lity of fish offered for sale to tho public: (t) the rnmpulsory purchase of lish, fishing vessels or fi5hing gear, where necessary or e,i.pedient in the best interests of the fishing i111.lus11y; (11) olfont·cs ngainst sud, regulations, and, in this regard, may, in such regulations, made provision for penalties for any such offcnt·cs of n line of K 250 or imprisonment for a term of nine months. PART X EXHll'IIONS, SAVINGS ANI> ltl!l'l!AL 59. The Minister may, by order published in the Gaulle, e1tem11t nny person from 11II or any of the provisions of this Act, and, in like manner, may revoke uny such e1temption. I.AWS oe,· I\IAI.A\\'I C1p. 66:05 (10. Any lirem:e, per111il or a111horily issued, or 1111y application Savings l'or any lirence, pn111il or nuthorily made, under the provisions uf 25 lhe 1-ishc·ric\ Ad hcrehy 1epealcd and 1eplm:cd, which, immediately Cnr. 66:os hcfore lhc co111mencc111c111 of lhis Act was of, or was cnpahlo of acquirin!l, force or effect, shall, suhjecl lo the provisions of this Act, continue lo have, or lo acquire, as the case muy he, such force or cffcd as is not i11con~istcnt wilh this Act, and &hull, un and aftt~r surh t·om111cnce111cnl, be deemed to have been issued, m 11111de, muter this At·l. L.IUI. I/W1J