Licences (Fisheries) Regulations 1987 (S.I. No. 21 of 1987)

[31st, March] Supplement to Official Gazette S. I. 21of 1987 LICENCES ACf, 1986 (Act 3 of 1986) 107 Licences (Fisheries) Regulations, 1987 In exercise of the powers conferred by sections 16(2)and 21 of the Licences Act, 1986, the President being the Minister responsible for Finance, hereby makes the followingRegula tions 1. These Regulations may be cited as the Licences Citation (Fisheries) Regulations, 1987. 2. In these Regulations - Interpretation "authorised officer" means an authorized officer de signated for the purposes of the Fisheries Act, 1986; Act S of 1986 "SFA" means the Seychelles Fishing Authority established by the Seychelles Fishing Authority (Establishment) Act, 1984; Act 10 of 1984 "Seychelles waters" means the exclusive economic zone, territorialwaters, internal waters and all waters subject to the fisheries jurisdiction of Seychelles. 3. (1) An application for a licence required for the purpose of section 7 of the Fisheries Act, 1986 (hereafter referred to as a "foreign fishing vessel licence") shall be in the Form provided by the Authority. (2) An application for a licence required for the purpose of section 9 of the Fisheries Act, 1986, (hereafter referred to as a "local fishing vessel licence") shall be in the Form provided by the Authority. (3) An application for a licence when required undet sec tion 11 of the Fisheries Act, 1986, (hereafter referred to as 'a "fishing licence") shall 'be in' the Form provided by r the Authority. Application ActS of 1986 ActS of 1986 ActS of 1986 108 Supplement to Official Gazette [31st March] S.l. 35 of 1987 Public bodies to be consulted Act 5 of 1986 Condition of foreign fishing vessel licence Act 5 of 1985 Terms and conditions of a fishing licence Terms ofa fishing net licence Processing fee to accompany application (4) An application for a licence required for the purposes of regulation 10 of the Fisheries Regulations, 1986, (hereafter referred to a a "fishing net licence") shall be in the Form provided by the Authority. 4. Before granting the licence for any of the purposes set out in regulation 3, the Authority shall consult (a) the SFA to ensure compliance with the Fisheries Act, 1986; and (b) the Ministry responsible for Fisheries. 5. A foreign fishing vessel licence and a local fishing vessel licence shall be subject to the conditions prescribed under the Fisheries Act, 1986. 6. A fishing licence to fish for any species of fish shall specify the species for which it is valid and the manner of disposal of the fish. 7. A fishing net licence shall specify the size of the net and the location and manner of the use of the net. ~. (1) An application made under regulation 3 shall, sub ject to subregulation (2), be accompanied by the fees set out in Schedule 1. (2) A person who is the holder of a licence and who ap plies, after the expiration of the licence, for the same type of licence shall, unless the Authority is satisfied that he had, during the period between the expiration of his previous licence and his application, ceased to carry on the activity for which he was previously licensed, be liable in addition to the licence fee and any other per ) under the Act, to a surcharge equal to 10% of the licence fee for each month or part thereof which has elapsed from the cxe of expiration of the prev'ous licence and the date of the lodging of his application. (3) Where the application is refused the Authority shall refund the licence fee and the surcharge to the applicant. [31st March] Supplement to Official Gazette 109 9. (1) Unless earlier revoked by the Authority (a) a foreign fishing vessel licence and a local fishing vessel licence shall be valid for the period specified in the licence which shall not exceed 12 months; (b) a fishing licence shall be valid for the period specified in the licence which shall not exceed 12 months; (c) a fishing net licence shall be valid for a period of 12 months from the date of its grant. (2) A licence shall not be transferred except with the writ ten permission of the SFA. 10. (1) A foreign fishing vessel licence shall be in the Forni 1 in Schedule 2. (2) A local fishing vessel licence shall be in the Form 2 in Schedule 2. (3) A fishing licence shall be in the Form 3 in Schedule 2. (4) A fishing net licence shall be in the Form 4 in Schedule 2. Validity of licence Form of licence SCHEDULE 1 FEES Reg. 8(1) (a) Processing an application (i) for a foreign fishing vessel licence R. 250 (ii) for a local fishing vessel licence R. 25 (b) Licence fee for foreign fishing vessel shall be the fees established by the applicable agreement under section 6 of the Fisheries Act, 1986, or specified in the licence or ifno such fees are established or specified the following fees (i) tuna long lining A. for one month R. 60 per gross registered tonne; B. for 4 months or more R. 180 per gross regis tered tonne; C. for 8 months or more R. 300 per gross registered tonne; no Supplement to Official Gazette [31st March] (ii) others for one year R. 1,000 per gross registered tonne. (e) Local fishing vessel licence R. 100 (d) Fishing licence under Regulation 6 R. 100 (e) Fishing net licence R. 100 SCHEDULE 2 FORM 1 FOREIGN FISHING VESSEL LICENCE Reg.lO(l) Issued to . Address .. Narne and address of agent of owner and charterer of vesselifdifferent from above . Name and address of agent or other legal representative in Seychelles Narne and add ress of master of vessel . Name ofvessel. length .. Type of vessel Registered net tonnage . Engine horse power GRT . Port and country of registry . Radio call sign/Signal letter Frequency .. The vessel, details of which appear above, is hereby authorised to do so much of the following as may be indicated on this licence: Authorisation to fish within marine areas under the jurisdiction of Seychelles Description of fishing operations authorised: [31st March] Areas to be fished: Supplement to Official Gazette 111 Species offish to be taken: . Requirement concerning disposal of by-catch . Reporting requirements: . Authorised landing place: .. Special conditions: . Period of validity from until .. Fees . Date of issue . Licensing Authority This licence is granted subject to the followingconditions 1. The holder shall comply with and ensure that the vessel is used in conformity with the provisions of the Fisheries Act, 1986 and Act 5 of 1986 Fisheries Regulations, 1987. S.I. 35 of 198'1 2. The following conditions. FORM 2 LOCAL FISHING VESSEL LICENCE Reg. JO(2) Issued to . Address . Name and address of owner and charterer of vessel if diffent from above Narne and address of master of vessel .. 112 Supplement to Official Gazette [31st March] Name of vessel length . Type of vessel Registered net tonnage . Engine type and horse power GRT . Port and country of registry . Registration number . Radio call sign/Signalletter Frequency .. The vessel, details of which appear above, ishereby authorized to do such of the following as may be indicated in this licence Authorization to fish Description of fishing operations authorized: Areas to be fished: Species of fish to be taken: . Authorized landing places: . Special conditions: . Period of validity from until . Fees . Date of issue . Licensing Authority This licence is granted subject to the fol1owing conditions: 1. The holder shal1comply with and ensure that the vessel is used in [31st March] Supplement to Official Gazette 113 conformity with the provisions of the Fisheries Act, 1986, and Act50f1986 Fisheries Regulations, 1987. S.1. 35 of 1986 2. The following Conditions. FORM 3 FISHING LICENCE Issued to Address Area of fishing Species and quality of fish to be taken Manner of operation Conditions Reg. 10(3) This licence is valid for the period commencing .. until ,•............................................................................ LicensingAuthority Date . FORM 4 FISHING NET LICENCE Reg. 10(4) Issued to . Address . Type of net . Length Depth .. 114 Supplement to. Official Gazette [31st March] Mesh size . Manner of operation . Areas to be fished . Species of fish to be taken . Fish to be landed at , .. This licence is valid for the period commencing . until .. Date of issue .. Licensing Authority MADE this 31st day of March, 1987. F. A. RENE, PRESIDENT.