Law No. 4 of 1983 on the exploitation and conservation of living aquatic resources in Qatar

Law N° 4 of 1983 on the Exploitation and Conservation of Living Aquatic Resources in Qatar. PART I - DEFINITIONS Article 1. - The following words and expressions shall have the meanings hereby assigned to them except where the context otherwise requires: "Minister" - Minister of Industry and Agriculture. "Competent Authority" - Fisheries Department. "Living aquatic resources" waters, inland waters, on the structures constructed within their death (coral reefs). Marine plants and animals living in fishing sea-bed and its bottom ground and the these living organisms (pearls) or after "Fishing vessel" - Any floating craft used for catching or processing aquatic resources irrespective of its means of operation or its purposes whether amateur or professional. "Fishing" - Capture of living aquatic resources by any method and for any purpose. "Fishermen" - Whoever practices fishing whether on foot or by a fishing vessel. "Fishing Waters" - Territorial waters surrounding the coasts of the mainland and isles of Qatar. The external limits of these territorial waters are those existing under biJateral agreements, or those to be established in future. If there are no such agreements the external limits shall be either its continental shelf or median line of equal distances from the baseline from which the territorial waters of Qatar and other countries concerned shall be measured in conformity with International Law. "Water reserves" - Areas where fishing is prohibited all year round. "Inland waters" - Water areas lying beyond the baselines from which the territorial waters is measured towards land. "Sea-bed and subsoil of the sea" - Part of sea-bed and subsoil flooded by fishing waters and inland waters. Article 2. - The provisions of the present Law shall be applicable to fishing and inland waters, sea-bed and its subsoil of the State of Qatar. PART II - REGllLATION OF FISHlNG Article 3. - The Competent Authority shall perform the following functions: (a) propose a general plan for the conservation, development, processing an<l rational exploitation of living aquatic resources and supervise implementation thereof; (b) propose programmes for the regulation of fishing and control thereof; (c) coordination of the activities of government bodies dealing with living aquatic resources, securing a balance between the projects and activities performed by these bodies; (d) develop and modernize means and methods of fishing and provide such basic services to artisanal fishermen and those dealing in fisheries and they cannot afford by themselves; (e) propose legislations on living aquatic resources, and examine related matters as referred to it by other government and non-government bodies. Article 4. - The Minister may, upon the approval of the Council of Ministers, establish a "Board of Living Aquatic Resources" headed by the Minister or his representative. This Board shall include representatives of government and non-government administrative and technical bodies concerned with these resources. The Board shall perform the functions cited under the previous Article, and its decisions shall be final only after they are approved by the Council of Ministers. Article 5. - The Minister shall issue regulations for the following purposes: (a) conditions and terms of licences under this Law; (h) establish fees for the above-mentioned licences, define their categories, manner of payment and cases of exemption therefrom; (c) establish specifications of fishing boats including their design, size, seaworthiness, horse power of motor, fishing technique, safety measures, identification numbers or any other signs to be conspicuously displayed on the sides, or any other specifications and ways of control thereof, prior to granting licence. (d) identify equipment and gear for use in fishing and their specifica tions; identify also prohibited equipment and gear because of the risk they present to the crew or to living aquatic resources; (e) identify and prohibit materials harmful to the growth, reproduction and migration of living aquatic resources; (f) identify reserved areas and the means for their protection; (g) specify locations where catch is seasonally prohibited, and specify those seasons and the species to which prohibition applies; (h) specify species of living aquatic resources which are prohibited to fish, whether for a definite or an indefinite period, in all or part of fishing waters, internal waters, the sea-bed or its subsoil, and specify the period and locations for each species; (i) specify the minimum size of catch allowed both for fish and other living aquatic resources; (j) specify the quantities of living aquatic resources that may be caught at certain seasons and of certain species; (k) formulate conditions for fish preservation and handling to ensure their quality and prevent their deterioration; (1) specify the factors affecting the safety of living aquatic resources, and specify the materials which are categorically prohibited to be disposed of in internal or fishing waters or on the sea-bed or in its subsoil, and the concentration allowed of all or some of such materials so that they do not harm the living aquatic resources or the human health directly or indirectly; (m) specify the information the fishing community should gather and deliver to competent authorities and the regulation of the books and documents they should keep; (n) determine rewards granted to persons who discover or report cases of infringement to the provisions of the present Law and its executive regulations; (o) specify the general conditions applicable to building of plants or laboratories at locations near to internal waters or fishing waters, and specify the precautions to be adhered to by vessels for the protection of living aquatic resources. Article 6. - Any person engaged in fishing or marketing of living aquatic resources or related industries shall submit the data specified by the competent authority which then shall be responsible for the recording and analysis of such data. Article 7. - ~o fishing vessel shall practise fishing without a licence issued hv the cor.ipetc>nt ,rnthority. The licence shall be for a specified duration and s11all specifv details including specification of the vessel, fishing techniques an~ gc>ar employed, maximum and minimum number of crew according to their specializations. The licence should also specify the area of operation, fishing seasons and the species and quantities of catch for each area of operation and season. Article 8. - No artisanal fisherman shall practise fishing either on foot or hv vessel without a licence issued by the competent authority indicating the locations and seasons he is permitted to fish and the species and quantities of the living aquatic resources the fisherman should catch and the fishing tc>chniques and gear he may utilize. Article 9. - The competent authority may reject the application for licence giving reasons for such and the applicant shall be informed of it in writing. The applicant may giving reasons for such appeal to the Minister within thirty days from the date of the competent authority's notification. The Minister's decision on the matter shall be final. Article JO. - fishing vessels and fishermen should at all times be carrying their licence which should be produced upon request. The licence cannot be transferred to others without a written approval by the competent authority. Article 11. - Should the owner of a fishing vessel want to tranform his vessel into a cargo or passenger vessel or any other purpose he has to apply to the competent authority to cancel his fishing licence. No vessel shall have two licences at the same time. Article 12. - Every vessel owner should ensure that the vessel is equipped with navigational lights during night time fishing as required by maritime navigation regulations. He should, likewise, ensure that his vessel has the necessary safety means and salvage equipment as required by the regulations of the Ports Authority in consultation with the competent authority. Article 13. - The competent authority shall determine the number of licences granted to fishermen and fishing vessels engaged in fishing activities in any of the fishing or inland waters, sea-bed or its subsoil. Article 14. - No foreign fishing vessels shall fish living aquatic resources without a licence issued by the Minister's approval. This licence shall indicate the duration of the licence, locations and seasons of fishing, species and quantities of living aquatic resources to be caught and the fishing techniques and gear the licencee should employ. Without prejudice to international agreements in this connection the said fishing vessels shall be subject to the provisions of this Law and its executive regulations. Article 15. - The Minister may grant bodies and individuals to practice fishing for the purpose of scientific researches and studies. The holders of such licences may be exempted from all or some provisions of the present Law and its regulations. PART III - CONSERVATION AND DEVELOPMENT Article 16. - Fishing of living aquatic resources during reproduction and srawning shall not be allowed. The competent authority shall determine the seasons during which the prohibition is applied, and have it publicized through the information media. Article 17. - Without a written approval by the competent authority it shall he unlawful to dump into fishing or inland waters or sea bottom any waste from factories, plants, laboratories or sewers, or chemical and petroleum materials, vessel oils or any other liquids that may cause harm to living aquatic resources. Article 18. - Without specific permission from the competent authority it shall he unlawful to: (a) erect or build any barriers or barricades that may hinder the free movement of living marine resources; (b) extricate or utilize any marine weeds and plants that are useful for aquatic organisms; (c) use gill nets and other fixed fishing gear in shallow waters; competent authority shall specify on the licence the location such gear, its measurements and mesh size; (d) use methods leading to mass extermination of living aquatic resources such as poisons, explosives, chemical substances, electricl means or nay other such methods; the of (e) use techniques, methods and gear harmful to eggs and sprat of living aquatic resources. Article 19. - The competent authority shall determine the areas suitable for the aquaculture of living aquatic resources and shall promote their establishment and provide technical supervision thereof. PART IV - HANDLING, MARKETING AND PROCESSING Article 20. - Fishing vessels and conveyances used for the transportation of living aquatic resources should be equipped with refrigerating units or with insulated ice-cooled containers; and the cleanliness and hygiene therein should fulfill requirements specified by the departments concerned. Article 21. - Living aquatic resources shall be sold only in markets or places that satisfy hygienic and commercial requirements specified by laws and regulations enacted by the competent departments in co-ordination with the competent authority. Sales shall be done in kilogramme units. Article 22. - Processing, drying and smoking of living aquatic resources, prjor to their marketing, should satisfy required hygienic standards. Domestic and foreign vessels transporting imported products of living aquatic resources, be it fresh, dried, canned, salted or smoked, shall comply with the regulations of customs and quarantine. Article 23. - Traders of living aquatic resources shall keep records, according to the forms established by the competent authority, which specify the quantities by their species and prices. Article 24. - Export of aquatic resources and their products in any form or for any purpose shall not be permitted without the approval of the competent authority. Article 25. - Foreign vessels entering harbour shall not sell or market products of living aquatic resources without obtaining the required licence from the competent authority. PART V - OFFENCES AND PENALTIES Article 26. - Without prejudice to any other stronger penalty under another law: (a) any violation of Articles 7, 12, 14, 16 (para 1), 18 (paragraphs (d) and (e)), 24 and 25 shall be punishable by a fine to the amount of two-thousand Riyals; (b) violations of Articles 8, 17, 18 (a, b, c), 20, 21 and 22 shall be punishable by a fine to the amount of one-thousand Riyals; (c) violations of Articles 6 (para 1), 10, 11 (last para) and 23 shall be punishable by a fine to the amount of two-hundred Riyals. The penalties shall be doubled for the repetition of offences mentioned in clauses (a) and (b) of this Article. In the case of a third offence conviction may include, in addition to the prescribed fine, the suspension of the offender or his craft from operation for a specific period, the revocation of the licence definitely or for a certain period, seizure of the vessel, gear and equipment or seizure of the fishing gear and catch aboard. Order to release a seized vessel may be made upon payment of a cash bond to be deposited in Court pending the final determination of the case. Article 27. - The officials delegated by the Minister in collaboration with other departments concerned shall have the right of legal officers to ascertain violations of the provisions of this Law and its regulations and they shall have the right to: (a) enter vessels, fisheries, stores and other sites where living aquatic resources and fishing gear are kept; (b) ask and inspect the books and papers relative their trade; (c) order the seizure of the vessels, living aquatic resources and fishing gear and equipment involved in the violation of this law or its regulations. The said officials shall write the necessary reports and submit them to investi~ating authorities and may, when necessary, seek assistance of the police force. Likewise, they may upon obtaining the approval of the department concerned sell the perishable living aquatic resources and deposit the proceeds in Court pending the final determination of the case. PART VI - GENERAL PROVISIONS Article 28. - The Director of the competent authority may consult with his counterparts in the countries of the area on a joint plan for the exploitation and management of living marine resources in common areas, and to coordinate by way of agreement or declaration of intentions, as the case may be, measures for their management. In all cases the management of these areas shall be suhject to the provisions of this Law. Article 29. - The Meterological Department, in coordination with media organs, shall supply the fishermen with a daily weather-forecast bulletin on the condition of the sea, and wind speed so that they may take the necessary precautions. Article 30. - The Minister shall issue the necessary regulations and resolutions for the enforcement of this Law. Article 31. - Any provision contradicting the provisions of this law shall be considered null and void. Article 32. - All the competent departments within their jurisdiction shall enforce this law which shall be effective sixty days after its publication in the official Gazette.