Fisheries Act 1986 (Cap. 82)

LAWS OF SEYCHELLES FISHERIES ACT CHAPTER 82 REVISED EDITION 1991 PRINTED FORTHEGOVERNMENT OF SEYCHELLES BY SPACE THE GUVEKNMENT PRINTER 1991 ED] Sections FISHERIES Ar.T CHAPTER 82 FISHERIES ACT [31st March, 1987J ARRANGEMENT OF SECTIONS Part I - Preliminary [CAP R? Act 5 of 1986. I. Short title 2. Interpretanon Part IT - Management ofFisheries 3. Fisheries management and development plans 4. Management measures s. Information 6. Fishing aggreements 7. Foreign fishing vessel licence 8. Stowage 'I. Local fishing vessel licence 10. Pleasure craft II. Other licences 12. Operating and management requirements and conditions oflicenccs 13. Fees 14. Validity of licences 15. Suspension and cancellation oflicences 16. Appeals 17. Scientific research 18. Aquaculture Part ill - Enforcement 19. Powers of authorized officers 1 1991 ED] Short title. Interpretation. FlSHERlES ACT Section 20 Hot pursuit 21. Public officers 22. Regional arrangements 23. Custody of seized articles 24. Offences 25. Forfeiture 26. Compounding Part IV - General Provisions 77. Regulations 1. This Act may be cited as the Fisheries Act. 2. In this Act [CAP 82 Cap. 122. "aquatic organism" means any aquatic plant or animal with the exception of birds, and includes any fish, crustacean, mollusc, coral, echinoderm, holothurian, or aquactic reptile or aquatic mammal and its shell, eggs and other naturally occuring products; "authorized officer" means any public officer or any employee of SFA designated by the Minister by notice in the Gazette to be an authorized officer for the purposes of this Act; "continental shelf' means the continental shelf of Seychelle as defined by section 5 of the Maritime Zones Act. "fishing aggregating device" means any device placed in the water to aggregate fish and includes any natural floating object upon which a device has been placed to facilitate its location; "fishing" means fishing, for, catching, taking or killing fish or other aquatic organisms by any method and includes searching for fish and placing any fishing aggregating device; "fishing vessel" means any vessel used for fishing other than a pleasure craft; 2 1991 ED) FISHERIES ACT [CAP 82 "foreign fishing vessel" means any fihsing vessel other than a local fishing vessel; "licensing law" the Licences Act, or any other law for the time Cap. 113. being regulating the granting oflicences required under this Act; "local fishing vessel" means any fishing vessel which (a) is wholly owned by one or more citizens ofSeychelles or public bodies; or (b) is wholly owned by a company, society or other association of persons established under the laws of Seychelles, of which all of the shares are owned by citizens of Seychelles or public bodies; or (c) is wholly owned or chartered by a company, society or other association ofpersons established under the laws ofSeychelles, ofwhich at least 51 per cent ofthe voting shares are held by citizens of Seychelles or public bodies and which the Minister determines should be treated as a local fishing vessel; "master" means the captain or any other person for the time being in charge of a vessel; "operator" means, with respect to a vessel, the owner and charterer, if any; "pleasure craft" means a vessel operated or hired for the primary purpose of sport or recreation; "related activities" in relation to fishing means (a) transhipping fish to or from any vessel; (b) storing or processing fish; (c) transporting fish except as part of a general cargo; (d) refuelling or supplying fishing vessels or performing other activities in support of fishing operations; (e) attempting or preparing to do any of the above: 3 1991 ED] FISHERIES xcr [CAP 82 Cap. 214. Fieheries management and development plans. Management measure. "Seychelles waters" means the exclusive economic zone, territo rial waters, internal waters and a11 other waters subject to the fisheries jurisdiction of Seychelles. "SFA" means the Seychelles Fishing Authority established by the Seychelles Fishing Authority (Establishment) Act. PART n - MANAGEMENT OF FISHERIES 3.(1) SFA shall prepare and keep under review plans for the management and development of'flshcrics. (2) The plans shall indicate the current state of fisheries, the objectives to be achieved and the management, development and licensing measures to be applied, including the amount offishing, if any, to be allocated to foreign fishing vessels. (3) In the preparation ofeach fisheries management and devel opment plan, SFA shall consult with the local fisherman and other persons affected by the plan. (4) SFA shall when practical consult with fisheries manage ment authorities of other States in the indian Ocean, an in particular with those sharing the same or related stocks, with a view to ensuring the harmonization of their respective fisheries management and development plans. (5) Each fisheries management development plan or review thereof shall be submitted to the Minister for approval. 4.(1) The Minister may make regulations prescribing mea sures for the proper management of fisheries including closed seasons and closed areas, specification ofgear that may be used (including the mesh size ofnets), prohibited fishing methods and gear, the species, sizes and other characteristics offish and other aquatic organism that it is permitted or forbidden to catch and schemes for the limitation of entry into all or any specified fisheries. (2) A regulation prescribing management measures may also prohibit the possession, purchase, sale, import or export of any gear or fish or other aquatic organism. 4 1991 ED] FISHERIES ACT fCAP82 5.(1) SFA shall collect and analyse statistical and other infor- Information. mation on fisheries. (2) Every person engaged in fishing, related activities or aquaculture shall supply such information regarding such activi ties in such form as the SFA may require. (3) No person who receives information pursuant to this Act shall use or disclose it except for the purposes of this Act. (4) The Minister may enter into arrangements or agreements with other States in the Indian Ocean, either directly or through an international organization, providing for the exchange of fisheries information and for the harmonization ofsystems for its collection. 6.( 1) The Minister may enter into agreements with other Fishing States, with intergovernmental orgranizations and with associa- aggreements. tions representing foreign fishing vessel operators allocating fishing rights to vessels ofthose States, organizations and asso ciations. (2) The total fishing rights allocated by agreements made under this section shall not exceed the total resources or amount of fishing permitted to foreign fishing vessels by the applicable fisheries management and development plan. (3) Any agreement made under this section shall include (a) a provision estabJishing the responsibility ofthe other State, organization or association to take all neces sary measures to ensure compliance by its vessels with the agreement and with the law relating to fishing in Seychelles waters; and (b) such other provisions as may be prescribed. 7.(1) NoforeignfishingvesselmaybeusedforfishinginSeychelles waters or for fishing for sedentary species on the continental shelf except under and in accordance with a licence granted under the licensing law or an authorization under section 17. 5 Foreign fishing vessel licence. 1991 ED] FISHERIES ACT [CAP 82 Stowage. Local fishing vessel licence. (2) Subject to this Act, a licence granted in accordance with subsection (1) in respect ofa foreign fishing vessel shall authorise that vessel to be used in Seychelles waters and , in respect of sedentary species, on the continental shelf for such fishing activities as may be specified in the licence. (3) No licence shall be granted in accordance with subsection (1) unless (a) there is in force with the Government ofthe flag state ofthe vessel, with an intergovernmental organization to which the Hag state has delegated the power to negotiate fishing agreements, or with an association of which the operator is a member, an agreement entered into under section 6 to which the Govern ment of Seychelles is a party; or (b) the Minister determines that an agreement under section 6 in respect ofthe vessel is not practical and the applicant provides sufficient financial and other guarantees for the fulfilment of all obligations under this Act. 8. Any foreign fishing vessel that is not licensed in accordance with section 7 or authorized under section 17 shall at all times that it is in Seychelles waters keep its fishing gear stowed in such manner as may be prescribed. 9.(1) No local fishing vessel may, unless it has been exempted under subsection (2), be used for fishing except under and in accordance with a licence granted under the licensing law or an authorization under section 17. (2) The Minister may make regulations exempting any cat egory of local vessel from the requirements of this section, subject to such conditions as he may prescribe. (3) No licence shall be granted in accordance with subsection (1) unless (a) the vessel is a local fishing vessel as defined; 6 1991 ED] FISHERlES ACT [CAP 82 (b) the issue ofthe licence is consistent with any licensing programme specified in the applicable fisheries man agement and development plan; (c) the applicant is able and willing to comply with the conditions of the licence. 10.(1) The Minister may make regulations prescribing the Pleasure craft. conditions under which pleasure craft may be used for fishing. (2) Regulations made under subsection (1) m~y require a pleasure craft used for fishing to be licensed. (3) Where a pleasure craft used for fishing is required to be licensed, a licence may be granted under the Licensing law. 11.(1) The Minister may make regulations requiring a licence Other licences. for (a) any kind offishing, with or without the use ofa vessel; (b) the use ofa vessel for any related activity. (2) Where a licence is required for any activity described in subsection (1), a licence may be granted under the licensing law. (3) A licence required by regulations made under this section shall authorize any person to conduct any kind of fishing or related activity for which the licence is required. 12.(1) Every vessel, net or activity required under this Act to be licensed shall be operated or conducted in accordance with such general operating and management requirements as the Minister may prescribe, and, in the case ofa foreign fishingvessel, with requirements made applicable to the vessels by any agree ment under section 6, and, in all cases, subject to any conditions which may be prescribed or be endorsed on the licence including conditions relating to (a) the type and method of fishing or related activity authorized; (b) the areas within which such fishing or related activity is authorized: and 7 Operating and management requirements and conditions of licences. 1991 EDl FISHERIES ACf [CAP 82 Fees. Validity of licences. Suspension and cancellation of licences. (e) the target species and amount offish or other aquatic organisms authorized to he taken, including any restriction on by catch. (2) Where it is expedient for the proper management of fisheries, any special condition attached to any licence may be varied by the person or the authority granting the licence. (3) Where any special condition attached to any licence is varied, the licensee shall be notified of such variation as soon as practicable. 13. There shall be payable in respect ofevery licence such fees and otherpayments as may be prescribed by or under the licensing law or provided for by an agreement under section 6. 14.(1} A licence granted in accordance with this Act shall be valid for such period not exceeding five years as may be pre scribed by regulations or specified in the licence. (2) Where a vessel licensed as a local fishing vessel ceases to he a local fishing vessel, the licence shall automatically terminate. (3) The term ofa foreign fishing vessel licence shall not extend beyond the term of any applicable agreement under section 6. (4) No licence shall be transferable except with the written permission ofthe SFA or as may he prescribed by regulations for the limitation of entry into any fishery. 15.(I} Any licence granted in accordance with this Act may be suspended or cancelled in accordance with the licencing law (a) where a vessel or any gear in respect of which the licence was issued has been used, or any activity has been conducted, in contravention ofthis Act orofany condition of the licence; (b) where such action is necessary or expedient for the proper management of fisheries. (2) In the event of suspension or cancellation of a licence fOJ 8 1991 ED] FISHERIES ACT [CAP 82 Appeals. Scientific research. the reasons set out in subsection (1)(b), the proportion ofany fees paid with respect to the unexpired portion ofthe licence shall be refunded to the licensee. 16. Any person aggrieved by (a) the refusal to grant or renew a licence in accordance with sections 9, 10 or 11; or (b) the suspension, cancellation or variation of a condi tion of any licence; may appeal against the refusal, suspension, cancellation, or variation, and the provisions of the licensing law shall apply to such appeal. 17.(1) The Minister may in writing authorize any person or vessel to fish for the purpose ofscientitic research, subject to such conditions as he may prescribe or specify. (2) An authorization under subsection (I) may exempt any person or vessel from any provision of this Act. *18.(1) The SFA may in writing grant to any person the Aquaculture. exclusive right of propagating, raising and taking fish and other aquatic organism, in any area of Seychelles waters. (2) An application for a grant under this section shall be made in the prescribed form to the SFA. (3) The SFA shall, at the expense ofthe applicant, publish inthe Gazette notice that an application has been made under this section and that any objection to its being granted must be filed with the SFA within 15 days of the date of publication of the notice. (4) The SFA shall forward an application under this section, together with any objections thereto, any further submissions by the applicant and its own observations and recommendations, to the Town and Country Planning Authority established by section 3 ofthe Town and Country Planning Act. Cap. 237. "'This section has since been amended by Act 8 of 1993. 9 1991 ED] FISHERIES ACT [CAP 82 Powers of authorized officers. (5) A grant under this section shall not be made without the prior approval of the Town and Country Planning Authority. (6) A grant under this section shall be valid for suchperiod and subject to such conditions and the payment of such fees as may be specified in the grant. (7) The Minister may make regulations further providing for the licensing and control ofaquaculture in any part ofSeychelles or Seychelles waters. PART ill - ENFORCEMENT 19.(1) For the pUI pose of enforcing this Act, an authorized officer may, without a warrant (u) stop, board and search anyfishingvessel in Seychelles waters; (b) require to be produced, examine and make copies of any licence, logbook or other documents required under this Act; (c) require to be produced and examine any net or other fishing gear and any fish. (2) The master of any fishing vessel ordered to stop by an authorized officer shall take all necessary measures to facilitate boarding of the vessel. (3) Where an authorized officer has reasonable grounds to believe that an offence against this Act has been committed, he may, without a warrant, seize and detain any vessel (together with its gear, stores and cargo), fish, fishing gear or other article which he has reason to believe has been used in the commission of the offence or in respect of which the offence has been committed. (4) Any vessel seized under subsection (3) and the crew thereofshallbe taken forthwith to the nearest or most convenient port. 10 1991ED! FISHERIES ACT rCAP 82 (5) Any vessel or other article seized under subsection (3) shall be delivered into the custody of the magistrates' court and shall be dealt with in accordance with section 23. 20. Where, following the commission in Seychelles waters of an offence against this Act with the use of a vessel, the vessel is pursued beyond the limits of Seychelles waters, the powers conferred on authorized officers under section 19 shall be exer cisable in respect ofsuch vessel beyond the limits ofsuch waters in the circumstances and to the extent recognized by international law. 21.(1) The Public Officers (protection) Act is hereby extended to all Seychelles waters. (2) Employees ofSFA exercising functions under this Act shall be deemed to be public officers for the purposes of the Public Officers (protection) Act, and of sections 372 and 373 of the Penal Code. 22. The Minister may enter into arrangements or agreements with other States in the Indian Ocean, either directly or through an international organization, providing for joint or harmonized surveillance and enforcement measures in respect of foreign fishing vessels. 23.(1) The court may order any fish or other perishable articles seized under this Act to be sold. (2) The court may order the release of any vessel or other article seized under this Act on receipt ofa satisfactory bond or other security for its value. (3) The proceeds of any sale under sub-section (I), and any bond or other security received under sub-section (2) shallbe held and dealt with in accordance with this Act as though they were the article which has been sold or released. (4) Ifno proceedings in respect ofa seized article are instituted within 15 days of its delivery to the court, it shall be released on demand to any person who appears to be entitled thereto. 11 Hot pursuit. Public officers. Cap. 192. Cap. 192. Cap. 158. Regional arrangements. Ouatody of seized articles. 1991 ED] FIS1IERlES xcr [CAP 82 Offences. (5) Where proceedings are instituted in respect of a seized article, the court may retain it pending the outcome of such proceedings and, where proceedings are instituted in any other court, may deliver it into the custody ofthat court which shall deal with it in accordance with this section. 24 (1) Where any foreign fishing vessel that is not licensed in accordance with section 7 or authorized under section 17 is used for fishing in Seychelles waters or for fishing for sedentary species on the continental shelf, the operator and master shall each be guilty of an offence and liable on conviction to a fine of R.IO,OOO. (2) Where any vessel that is licensed in accordance with section 7 or that is a foreign vessel authorized under section 17 is used in contravention of any condition of the licence or authorization or ofany condition ofthe licence or authorization or of any prescribed standard requirements applicable to that vessel the operator and master shall each be guilty of an offence and liable on conviction to a fine ofR.10,OOO. (3) Where any local fishing vessel that is required to be licensed in accordance with section 9 is not so licensed and is used for fishing in Seychelles waters, the operator and master shall each be guilty of an offence and liable on conviction to a fine of R.IO,OOO. (4) Where any vessel that is licensed in accordance with section 9 or that is a local vessel authorized under section 17, is used in contravention ofany condition ofthe licence or authori zation, the operator and master shall each be guilty ofan offence and liable on conviction to a fine ofR.lO,OOO. (5) Any person who, in Seychelles or Seychelles waters, conducts any fishing or related activity for which a licence is required by regulations made under this Act, otherwise than under the authority ofand in accordance with the terms ofa valid licence, shall be guilty ofan offence and liable on conviction to a fine ofR.l 0,000. 12 1991 ED] FISHERIES ACT [CAP 82 (6) Where any foreign fishing vessel that is not licensed in accordance with section 7 or authorized under section 17 is found in Seychelles waters without its gear stowed in the prescribed manner, the operator and master shalteach be guilty ofan offence and liable on conviction to a fine ofR.5,OOO. (7) Any person who uses any poisonous or explosive substance to kill, stun or disable fish in order to render them more easily caught shall be guilty of an offence and liable on conviction to a fine ufR.50,OOO. (8) Any person who fishes in contravention of any manage ment measure prescribed under section 4 shall be guilty of an offence and liable on conviction to a fine ofR.10,OOO. (9) Any person who, contrary to section 19(2) or in any other way, prevents or hinders an authorized officer in exercising the powers conferred on him under this Act shall be guilty of an offence and liable on conviction to a fine ofR.5,OOO. (10)(a) Any person who, in Seychelles waters, kills, chases or takes any marine mammal, alive or dead, shall be guilty ofan offence and liable on conviction to a fine ufR.50,OOO; (b) It shall be a defence to a charge under paragraph (a) that either (i) iftaken alive, the marinemammal was returned to the sea with the least possible injury; or (ii) iftaken dead or so seriously injured as to render its recovery unlikely, the taking of the marine mammal was repor ted to the Principal Secre tary of the Ministry as soon as practical and body disposed of in accordance with his in structions. (11) Any person required to supply information under this Act who fails to supplysuch information orsupplies false or mislead ing information shall be guilty of an offence and liable on conviction to a fine ofR.50,OOO. 13 1991 ED] FISHERIES ACf [CAP 82 Forfeiture. Compounding. 25.(1) On convicting any person ofan offence against thi s Act, the court, in addition to any other penalty imposed-« (aj may order any fishing gear used in the commission of the offence, and any article in respect of which the offence has been committed, and in the case of an offence under section 24(1), any vessel (together with its gear, stores and cargo) used in the commis sion of the offence, to be forfeited; (b) shall order all fish and other aquatic organisms caught in the commission of the offence to be forfeited. (2) All fish and other aquatic organism found on board any vessel which has been used in the commission of an offence against this Act shall be presumed, unless the contrary is proved, to have been caught in the commission of the offence. (3) Where an article in the custody ofthe court is not ordered to be forfeited, it shall be held until all fines imposed for any offence in the commission ofwhich the article was used, orwhich was committed in respect ofthe ankle, have been paid. Ifwithin thirty days following the imposition of the fine, any part of such fines remains unpaid, such article may be sold, and the proceeds applied towards payment ofthe fines. 26.(1) The Minister may, if he is satisfied that an offence has been committed under this Act and if the person admits the commission ofthe offence and agrees in writing to its being dealt with under this section~ (a) compound the offence byaccepting the sum ofmoney not exceeding the maximum fine specified for the offence; (b) order the release ofany vessel or other article seized in connection with the offence on payment of a sum of money not exceeding the value of the vessel or other article. (2) Any sum ofthe money received under this section shall be dealt with as though it were a finee imposed by the court. 14 1991 EDI FISHERIES ACT [CAP 82 (3) In any proceedings brought against any person for an offence against this Act, it shall be a good defence if the person proves that the offence has been compounded under this section. PARTIV - GENERAL PROVISIONS 27.(1) The Minister may make regulations for the carrying into Regulations. effect of the purposes and provisions of this Act, including regulations (a) requiring the holder of a licence in accordance with section 7 to appoint a local agent in Seychelles with authority to represent the holder of the license in respect of the vessel; (b) requiring the holder ofany licence to execute a bond or give other guarantee of his obligations under the licence; (c) requiring any licensed vessel to be equipped with specified communications and position-fixing equip ment; (d) delimiting areas ofSeychelles waters in which fishing shall be reserved to local vessels and local fishermen; (e) providing for compensation payable to Seychelles citizens or to the Government in the event ofany loss or damage caused by a foreign fishing vessel to other vessels or their gear or catch, or to cables or to other Seychelles interests; (f) prescribing the manner in which fishing gear is to be stowed and requiring any fishing vessel to stow its gear in the prescribed manner during anytime that it is in an area ofSeychelles waters where it is not autho rized to fish; (g) regulating the use of fish aggregating devices; (h) regulating the import and export oflive fish and other aquatic organisms; 15 1991 ED] FISHERIES ACT [CAP 82 (i) prescribing any other matter which is required or authorized to be prescribed. (2) Regulations made under this section may provide that their contravention shall constitute an offence and may prescribe fines not exceeding R.20,OOO for any offence. 16