Fisheries (Management and Development) Decree, 1994

THE 11 Section No. PART V - FOREIGN FISHING VESSELS 21. foreign fishing vessels. 22. Foreign fishing licence. 23. Access agreements. 24. Chartered foreign fishing vessels. 25. Authorizatlon of marine scienufic research and test fishing. 26. Appointment of agents. 27. Posting of bonds. 28. Cancellation, suspension or modification of licences. 29. Fees for foreign fishing licences. PART YI-CONSERVATION MEASURES 30. Fishing in specified area prohibited. 31. Destruction of fishing gear of artisanal fishermen in the Inshore Exclusion Zone. 32. Closed seasons. 33. Manufacture, importation or sale of fishing nets. 34. Minimum mesh of trawl nets. 35. Prohibition of use of seine nets in inland waters. 36. Minimmn mesh of seine net in coastal waters. 37. Minimum mesh of gill net in riverine system. 38. Prohibition on use of net as barrier. 39. Mesh restrictions for nets used on industrial fishing vessels. 40. Offences for contravenuoa of sections 33 to 39. 41. Protection of gravid and young lobsters and other crustacea 42. Marking of vessels, canoes and gear. 43. Driftnet fishing activities. 44. Prohibited fishing methods. 45. Fishing for marine mammals. 46. Marine reserves. 47. Pollution of fishery waters. 48. FIsheries impact assessments. 49. Import and export of live fish. PART Vll-BUll..DING, IMPORTATION AND MANNING OF MOTORISED FISHING VESSELS 50. Building and sale of motorised fishing vessels. 51. Importation of industrial fishing vessels. 52. Manning of motorised flstnng vessels. iii Section No. PART VIII -LICENSING GENERAL 53. Application for licences. 54. Conditions of licences. 55. Fees and other forms of compensation. 56. Validity of licences. 57. Transferability of licences. 58. Observation Of laws. 59. Appeals. 60. Register of licences. PART IX - MONITORING, CONTROL. SURVEILLANCE AND ENFORCEMENT 61. Establishment and. functions of Monitoring Unit. 62. Appointment of authorised officers. 63. Powers of authorised officers . 64. Powers of autnorised officer beyond limits of fishery waters. 65. ?.equirements for seized vessels, etc. 66. Removal of pan" from seized vessels. 67. Inspectors and observers. 68. Duties to inspectors and observers. 69. Duties to authorised officers, inspectors and observers. 70. Identification of authorised officers, inspectors and observers. 71. Protection of authorised officers, inspectors and observers. PMT X - SALE, RELEASE Al~ FORFEITURE OF RETAINED PROPERTY 72. Release of seized goods. 73. Sale of perishable goods seized. 74. Holding of siezed gocds. 75. Court's power of forfeiture. 76. Application of bond, etc. 77. Removal of seized goods. 78. Disposal of forfeited goods. 79. Liability for loss, damage or deterioration of items in custody. 80. Removal of items in custody. iv Section .~/o. PART XI - JURISDICTION ANl) EVIDENCE 81. Jurisdiction of the Court. 82. Compounding of offence. 83. Certificate evidence. 84. Validity and procedure for ceruncate. 85. Certificate as to the location of a vessel. 86. Designated machines. 87. Photographic evidence. 88. Observer devices. 89. Presumptions. 90. Onus of proof. 91. Destruction of evidence. PART XII - LEGAL PROCEEDINGS 92. Liability of master and officers of companies. 93. Continuing offence. 94. Banning order. 95. Fines and other pecuniary penalties. 96. Civil proceedings. PART XIII - MISCElJ...ANEOUS 97. Information must be true, complete and correct 98. Wilful damage to fishing vessel. gear, etc. 99. Fish processing establishment. 100. Imparl and export of fish or fish products for commercial purposes. 101. Transhipment. 102. Seaworthiness. 103. Operations of canoe support vessel. 104. Research vessels. 105. Local fishing vessels. 106. Fines. PART XIV - REGULATIONS 107. Regulations. 108. Repeal and savings. N.P.R.C. Decree No. 19 1994 Sierra Leone The Fisheries (Management and Development) Decree, 1994 Beinga Decree tomake better proYisions toc theManagement, PSanningand Developmentofthe Fisheries and the Fishing Industries of SJerNl Leone; and for related matters. Shcrt title. Daleof Commence m:OL PuRsUANT to paragraph 3 of the Proclamation entitled "The Administration of Sierra Leone (National Provisional Ruling Council) Proclamation, 1992", the National Provisional Ruling Council hereby makes and issues the following Decree PART I-PRELIMINARY 1. This Decree shall come into force on a date to be Commence appointed by the Secretary of State by notice publisbed in the Gazette. men\. 2 No. 19 The Fisheries (Managemen: andDevelopment) Decree 1994 ~11 this Decree, unless the context otherwise requires "access~gernenC means a treaty, agreement or 3ITal'\gemententeredintopursuantto section 23; "agent" means any person or unit appointed by the Directcr toexecute designated functionsunder this Decree, or such other agent as may be appointed in accordance with section 26~ "aircraft" means any craft capable of self-sustained movementthrough theatmosphere and iocludes hovercraft; "aquaculture" means any activity designed to cultivate or farm (J.Sh and other living aquatic resources; "artisa.na.l fi.s.heries" means the traditional fishing in Sierra Leone using artisanal fishing gear and vessels; "artisanal fishingvessel" includes anylocal fishing vessel of not more than sixty feet which is rnotorisedornotmotorisedbutdoesnot include vessels used for recreational tisnmg: "authorised officer" means anyperson appointed as such under section 62; "authorization" means any authorization given pursuant to section 25: "commercial fishing" means anyfishing resulting or intendingor appearing to result in thesaleOf trade or anv fish which mav be taken. cauebt or harvested"' during the fishing cperailons, excluding recreational fishing; "Decree" includes any regulation or order made pursuant to this Decree; "Director' means the Director of FISheries and Marine Resources; '"'driftnet" inCludes a gillnet or other oct which is more than2.5kilometres in length the purpose of which is to be used for fishing, but does not include drifmelS used for artisanal fisheries; "driftnet fishingactivities" include fishing with the use of a driftnet and any related activities No.19 The Fisheries (Management andDevelopmens) Decree 1994 3 including transporting, transhipping and processing any driftnet catch, and provision of food, fuel and other supplies for vessels used or outfitted for driftnet fishing; "engineer" means the holder of a first or second class engineer's certificate of competency; "farming" in relation to any fish or other marine vegetation, means the breeding, cultivating and rearing of any such fish or the cultivating of any such vegetation, as the case may be; "fish" means any living aquatic organism, plant or animal; including any fin-fish, shell-coral, reptile and marine mammal, but excluding aquatic birds; "fish aggregating device" means any man-made or panty man-made floating or semi-submerged device, whether anchored or not, intended for the purpose of aggregating fish, and includes any natural floating object on which a device has been placed to facilitate its location; "fish fence" means any fence, stake or other fixed construction used foe entrapping fish; "fish processing" means any process that adds value to or preserves the fish and includes the cutting up, dismembering, cleaning, sorting, loining, freezing, canning, salting and preserving of fish; "fish processing establishment" means any place otner than a licensed flshing vessel where fish arecanned, dried, gutted, salted, iced, chilled, frozen, smoked cr otherwise precessed for sale by wholesale in or outside the Republic of Sierra Leone; "fisheries officer" means the DirectorofFIsheries, DeputyDirectorofHsheries, AssistantDirector of FIsheries, any Principal Fisheries Officer, Senior Fisheries Officer, Fisheries Officer or any other government officer designated by the Director by notice published in the Gazette to act as fisheries officer for the purposes of this Decree; 4 No. 19 The Fisheries (Management and Development) Decree 1994 "flSbery" or "risnenes' means one or more stocks of fish or any operations based on such stocks which can be treated as a unit for purposes of conservation and management, taking into account geographical, scientific, technical, cultural, economic, recreational and other relevant characteristics; "fishery plan" means a plan for the management, development and conservation uf a fishery implemented pursuant to section 11; "fishery waters" means the territorial waters as defined in the Interpretation Act, 1971 and includes all waters of the exclusive economic zone and internal waters, riverine systems and any other waters over which fisheries jurisdiction may be claimed from time to time; "fishing" means: (a) searching for, catching, taking or harvesting fish; (b) the attempted searching for, catching.taking <.-harvesting of fisb; (c) engaging in any other activity which can reasonablybeexpected to result in the locating, catching, taking or harvesting of fish; (d) placing, searching for or recovering any fish aggregating device or associated equipment including radio beacons; (e) any operation at sea in support of or in preparation for any activity described in this paragraph; or if) the use ofan aircraft in relation to any aetivity described in this paragraph; "fishing gear" means any equipment, implementor other thing that can be used in the act offishing, whether or not it is used in connection with a vessel, including any fishing net, rope, line, float, trap, hook, winch, boat or aircraft; No. 19 The Fisheries (Management andDevelopment) Decree 1994 5 "fishing licence" includes any licence issued under this Decree, unless otherwise provided under this Decree; "fishing vessel" means any vessel. boat. ship or other craft which is used for, equipped to be used for or of a type that isnormally used for (a) fishing; (b) the processing or storage of fish or fish products; (c) the supply or support of vessels used for purposes described in paragraphs (a) or (b); (d) the transportation of fish or fish pOOucts from the fishing grounds; ocrelaledaetivitics, mudingacaooe,motorised fishing vessel andancillary vessel, butdoes not include any vessel usedfor the transportationof fish ocfish products to or from a port of Sierra Leone as a part of its general cargo; "fixed fishing gear" means fishing gear deposited on or attaeheddirectly or indirectly to the sea bed, andincludes fish traps. fishing stakes and anchored gill nets; "foreign fishing licence" means any licence issued under this Decreein respectof'aforeign fishing vessel; "foreign fishing vessel" means any fishing vessel other than a local fishing vessel and includes any support vessel. notwithstanding that such vessel may be registered undertbe Registration of Shipping Act. 1965' Act No. 26 , ~1%5 "Government" means the Government of the Republic of Sierra Leone; "industrial fIShing vessel" meansanyfishing vessel more than sixty feet in length; "Inshore Exclusion Zone", 01' .lIEZ" means that area of the fishery waters situated landward of a line drawn between the points indicated in Schedule 1 of the Fisheries Regulations; No. 19 The Fisheries (Management andDevelopment) Decree 1994 "inspector"means anypersonauthorised inwriting by the Director pursuant to section 67' "licence" means any licence issued under this Decree; "licenced fishing vessel" means a fishing vessel specified in a valid fishing licence; "licensing officer" means the Director and any Fisheries Officerdesignated in writing as such by the Director and who is authorised to take actions with regard to licences under this Decree; "local fishing licence" means any fishing licence issued under this Decree in respect of a local fishing vessel; "local fishing vessel" means any fishing vessel described in section 105; "marine reserve" means any reserve established in fishery watersin accordance with thisDecree; "master" in relation to any fishing vessel means the person for the time being in command or apparently in charge of that vessel; "MCS Unit Fund" means the fund established under section 61; "motorised fishing vessel"meansanyfishing vessel which is, at relevant times, constructed or adapted for the purpose of fishing and outfitted or equipped with one or more motors fer the purposeof moving through the water, "operator" means any person who is in charge of, directsor controlsa vessel, including the owner, charterer and master; "owner" in relation to a fishingvessel,meansany person exercising or discharging or claiming theright ofacceptingtheobligation to exercise ordischargeanyof the powersor dutiesofany ownerwhether 00 his own behalfor on behalf No.19 The Fisheries (Management and Development) Decree 1994 7 of another and includes a person wbo is the ownerjointly with anyother person or persons and any manager, director or secretary of any body corporate or company; "prescribed" means prescribed by regulations, orders or rules. "qualified company" means any company which is described as eligible 10 wholly own a local fishing vessel as that term is defined in this sectionandasotherwise provided in thisDecree; "recreational fishing" means any fishing done for leisure and not far tile purposeof subsistence, barter Dr sale of [ish; "related activities", includes doing, attempting or preparing to do or having done any of me following. (a) transhipment; (b) storing, processingor transporting fish taken from the fisbery waters up to the time such fish is first landed; or (e) refuelling or supplying fishing vessels or performing other activities in suppon of fishing operations; "riverine system" means a natural drainage system comprising rivers and their tributaries which originate from the sources and terminate at their estuaries, and includes any lake, impoundment, r..a.rn cr weir artificially; "Secretary of State" means the Secretary of State for the time being charged with the responsibility for matters relating to fisheries and marine resources; "semi-industrial vessel" means a fishing vessel of length less than sixty feet and powered by an inboard engine. "support vessel" means any vessel carrying out 8 No. 19 The Pisheries (Management andDevelopment) Decree operations in connection with and 8UpIX)'£t of a fishing vessel, including supply or fIshing activities; "surveillance officer" includes any authorised officer of a vessel or aircraft used for the enforcement of thiS Decree; "test fishing operations" means any fishing operations undertaken over a limited period of timewith the approvalof tbeDirector pursuant to section 25 for the purposes of testing the feasibility of commercial fishing opaatiooa with a view to the establishment off~ operations based locally, or in the region: "towing gear"meansfishing gearwith abag occod end which is towed at the bottom or mid-water by a motorised fishing vessel andused for the purpose of taking fish; "transhipment" means transferring any fish or fish products to or from any vessel, whetheror DO( the fish has first been taken 011 board the vessel from which the fish is passed: "vessel" means any boat. ship or other water going craft. PART II - AUlliORITY AND ADMINISTRAnON .~oagement, 3. The exclusive management and control over flSh, fisheries and other aquatic resources within the fishery waters shall be vested in the Government and this management and control may be exercised either by them directly or through the Secretary of State, the Director of Fisheries or any other authorised officer. Authority of 4. The Secretary ofState shall have the requisite authority Secretary of and responsibility in relation to this Decree, and for the preparatiooand State. implementation of sudl additional policy and legislalioo as be sees fil Department and Director of Fisheries and Marine Resources, 5. (1) There is hereby established theDepartment ofFlSberics and Marine Resources. which shall be beaded by the Secretary ofSt* to be assisted by a director. (2) The Director shall he a penon who is professioMDy knowledgeable in fisheries matters and marine resources. No. 19 The Fisheries (Managemeni andDevelopmens) Decree 1994 9 6. The Director, subject to the policy guidance of the Secretary of State, shall have the responsibility for the management, planning and development of, and research into, the fish. fisheries and otheraquatic resources ofSierraLeooeand shallsupervise theDepartment of FIsheries and Marine resources. 7. The Director may delegate, in writing, the exercise of any orall powers andfunction conferred upon him by this Decree, except as may be otherwise provided, to his deputy or such other officers as he may think fit. 8. The Director shall be the Chief Licensing Officer and shall from time to time publish the names of other licensing officers in the Gazette. 9. The Director shall, as be deems appropriate, consult with relevant government officials and representatives for the fisheries sector in formulating and developing policy recommendations for the Secretary of State. 10. (1) The Director shall establish a Scientific and Technical Comminee. (2) The Committe shall advise the Directoron the biological, social, economic andtechnical aspects of fish and fisheries, with a view toproviding the basis for fisheries management decisions, including total allowable catch. (3) The Director shall appoint seven members of the Committee having knowledge in the disciplines listed in subsection (2) (4) The Committee shall meet at least quarterly or when summoned by the Director. (5) The Chairman of the Committee shall be the Director and the Secretary of the Commitee shall be the Deputy Director. (6) The Director shall incorporate the advice of the Committee into fisheries management plans described in section 11 and otherwise incorporate such advice into management decisions. (7) The Director may establish such other Committees as he may think appropriate at the local or national level which may be composed of fishermen or other persons actively. involved in the fisheries of Sierra Leone to advise him, on matters relating to the development and management of such fisheries and the welfare of fishermen. Duties and powers of the Director. Delegation by the Director. , .icensing officers. Consultation by me Direc tor. Scientific and Technical Committee and other Committees. 10 No. 19 TIlL Fisheries (Management and Development] Decree 1994 Fi s h e r i e e management, development aadco~rva­ noe plans. (8) Reasonable allowances or expenses shall be paid to members attending meetings of any committee established under this section. PART III - MA..~AGEMENf AND DEVELOPMENf OF THE FISHERIES OF SIERRA LEONE 11. (1) The Director shall be responsible feY planning for the management, development and conservation of all fish and fisheries within the jurisdiction of the Republic of Sierra Leooe. (2) Tbe Secretary of State may, on the recommendation of the Director, by notice published in the Gazette, authorise a fishery as a designated fishery where, having regard to scieutific, economic, cultural; environmental and other relevant considerations, it isdetermined thatthe fisbery (a) is important to tbe natiooal interest; and (b) requires management and development measures for effective conservation and optimum utilisation. (3) In order to assess and recommend appropriate management, development and conservation measures forany f1Sbery, the Director may reasonably require any person to furnish all relevant data and information, including fishing time and effort, landing, process, sales and other related transactions. (4) The Director shall (a) prepare, keep under review and be responsible for the implementation of plans for ~ management and development of each designated fishery in the fishery waters; (b) prepare, keep under review and be respoosil* for the implementation of plans for the managementanddevelopmentofotherf~ in the fishery waters asmaybe prartic.able, widl the objective and developing additional plans 00 an annual basis for all flSberies in thefisbety waters; and No. 19 The Fisheries (Management and Development) Decree 1994 11 (c) determine the priority for preparation offishery plans, taking into account the advice of any committee established and carrying out its functions under this Decree. (5) Each fishery plan shall (a) iden tify the fishery resource and its caaractensucs, including ns economic and social value and interrelationship with other species in the ecosystem; (b) assess the present state of exploitation of the fishery resource and potential average annual yields; (c) specify the objectives to be achieved in the management and development of tne fishery; (d) taking into account the best information on all relevant biological. social, economic and other applicable factors, determine the maximum sustainable yield; (e) taking into account advice of any committee established and performing its functions under this Decree and infocmation described in the preceding paragraphs, determine a total allowable catch for each fisbery and such other conservationand managementmeasuresas may be appropriate: (j) where there is insufficient information and advice to set a total allowable catch identify a plan for determining such information and take appropriate conservation and management measures. taking into account the advice ofany committee established and performing its functions under section 10 and applying precautionary principles; (g) specify the measures. if any. to be taken to promote the development of local fisbenes; (h) determine theamountof the fishery resource. if any, to be made available to licensed foreign fishing vessels; (i) specify the conservation and management 12 No. 19 The Fisheries (Manageme1l1 and Development)Decree 1~ Objecti yes and purposes foc manage rnem and de velopment of fisheries. measures to be enforced to protect me flShery resource frrm over-exploitation; U) specify the research necessary to enhance management of the fishery; (k) specify the information and other data required to be giYen orreportedfer effectivemanagement and development; and (l) take intoaccountany relevant traditiona1 fisbjn g methods or principles. (6) The Director shall, during thepreparationof each fishery plan. consult as required and appropriate with any committee which may beestablished and performing its functions under this Decree and (a) other government ministries or departments; (b) local fishermen, local authorities and Othel persons; affected by the plan. (7) The Director shall consult wherever practicable with tbt appropriate fisberies management authorities of other States in the. region, and in particular with those sharing the same 01' interrelated stocks, with a view to ensuring the bannonisatioo of their respective fishery management and development plans. (8) Each fishery plan Of review shall come into force upon the written approval of the Director. (9) Any person who engages in fishing ocrelated activities in the fishery waters Of who processes or sells fish taken from the flMing waters shall supply such information in respect of such activities ... die Director may require pursuant to subsection (3) (10) Any person who fails to supply infmnatioo reqWred under subsection (3) or (9) commits an offence and .shall be liable OIl conviction to a fine of not less than five hundred~ leooes in respectof artisanal fisheries or five million leones in respect ofall 0Ibet fishing or a term of imprisonmentnot exceeding two years or to boIb. 12. The Director shall take into account the followiq objectivesandpurposesin the JXeparation of fisheries management aDd development plans and otherwise in management decisions (a) establish priorities for the utilisation of !be Decree establishing reservedestablishing reserved industrial fishing; 14 No. 19 The Fisheries (Management and Development) Decree 1994 (a) ensuring the closest practicableharmonisation or coordination of their respective fisheries management and development plans and regulations; (b) ensuring hannonisation in the collection of statistics, the carrying out of surveys and procedures forassessing the state of the fisheries resources in the region; (e) providing, as appropriate, for the formulation of regional fisheries management and development plans, for theallocationof fishing effort andcatchamong Statessharing thesame stocks, and for taking regional or joint conservation measures; (d) establishing, on a bilateral or regional level as appropriate, arrangements regarding fishing rights with other States in accordancewith the provisions of therelevan t Fisheries Management and DevelopmentPlan. (2) Consultations under this section may be undertaken either directly with meGovernments or persons concerned. or through existing appropriate regional or sub-regional organisations or international agencies. PART N - LICENSINGOF LOCAL RSHING VESSELS, AXED IlSlIlNG GEAR OR DEACH SEINE Use, of local 15. (1) Nolocal fishingvessel. fixed fishinggearor beachseine g~h~:? f;e;hi~Sg s~all t>t: used ~~ fi~in~ in the !ishery waters, ,except ~nde-r: the amhority • .1 L. h or a valid l"',~" ""~ .... ,.. '·'~en.-,:> "::'Ci'-""'l 'I-II r,·~,··"... ·",...c", with inisPart, "n1....."3e~ .li.tti oeac ... - y<\lJ,.. .\..f'IwG..l1~J..iJjJ.OIt", ... ~ LV'.-' ........... w""",,Vl'UC.1i '" Y't UJ rLU. u ~~ seines. otherwise provided in this Decree. (2) The Secretary of State maymake regulationsextending me provisions of this section to require the licensing of local fishing vessels or any class of local fishing vessels to be used for transhipment, processing or storageof fish in the fishery waters. (3) Wbere any local fishing vessel, fixed fishing gear or beach seine is used in contravention of the provisionsof this section, the master, ownerand charterer, ifany,ofsuchvessel or anypersonwho uses such fishing gear or beach seine each commits an offence and is liable on convictiontoa fineofnot less thantwomillionleonesor to imprisonment for a term of two years or to both. No.19 The Fisheries (Management and Development) Decree 1994 15 16. (1) Subject to the provisions of this Decree, the Director Local fishing may issue a local fishing licence in respect of a.T'\Y local fishing vessel, licences. fixed gear or beach seine upon application made and payment of the prescribed fee in accordance with this Decree, authorising such fishing activities as may be specified in the licence. (2) A local fishing licence shall not be issued in respect of any local fishing vessel (a) required to be registered under theRegistration of Shipping Act, 1965, unless such vessel has Act No. 26 of been so registered; or 1965 (b) exceeding 15 net tons unless it balds such certificate of safety inspection as may be required by ille Government. (3) The Director may perform such other functions in respect of local fishing licences as are provided in Part VIII and otherwise in this Decree. and as may be prescribed from time to time. 17. Where a local fishing vessel, fixed fishing gear or beach seine for which a local fishing licence has been issued under this Pan has been used in the commission of an act prohibited by this Decree or any licence condition, the Directormay (a) cancel such licence; (b) suspend such licence foi such time as he may deem appropriate; or (c) impose additional or modified conditions for such licence. Cancellation, suspensIOn cc modificau0 n of local fishing licences. 18. l l) Except ~ oG.-.:erwise orcviced in this section, local T~,'aD~f~(lbili:y fishing licences shali not be transferable from one Ye5~1 Lv another "! lDr3! r,<hine vessel. licences. (2) Licences issued in respect of fixed fishing gear or beech seines may be transferred provided that the fixed fishing gear or beach seine to which the licence is transferred is of equal dimensions and characteristics and is to be deployed or operated in the same location and manner as the gear or beach seine previously licensed and in place of such gear or beach seine. (3) Licencesissuedunder this Partmay be transferredupon 16 No. 19 The Fisheries [Management andDevelopmeni) Decree 1994 change of ownership of the local fishing vessel, fixed fishing gear or beach seine to the new owner under the following conditions (a) the previous owner and new owner shall bod. notify the Director in writing of the transferof ownership within thirty days of such transfer, or (b) in respect of any local fishing vessel, the new owner shall meet the nationality criteria in section 105, and the conditions for refusal to issue a licence under this Decree do not exist (4) The Director shall endorse the licence if the above conditions arc met, and the transfer will be valid upon such endorsement (5) The Director, if he thinks it necessary, in order to give effeet to any scheme for the restriction of effort in respect of any fisbery under a fishery management and development plan adopted under this Decree, may in writing do any or all of the following (a) order that any licence to engage in that fishery may not be transferable from one vessel 10 another vessel, or that the surrender oflicences may give rise to rights to new licences; (b) require that any licence issued in respect of; local fishing vessel engaged in that fishery should not, on a change of ownership of the vessel. be transferable to thenew ownerwithout the written permission of the Director, Of (c) set the conditions under which permission sball be given in respect of transfers of licences. (6) Any person \VOO, being the previous owner or new owner of a licensed local fisbing vessel does not notify theDirector in writing within thirty days of the transfer of ownership, commits an offence and is liable on conviction to a fine not less than five hundred thousand leones and the licence in respect of that vessel shall be deemed cancelled at the expiration of the said thirty days period. Licence fees. 19. (1) Licence fees for licences in respect of local flSbing vessels, fixed fishing gear and beach seines shall he prescribed by regulation, taking the following into account No. 19 The Fisheries (Management andDevelopment) Decree (u) the value uf tbe species; 1994 17 (17) the development of the local Sierra Leone fishery sector: (c) costs associated with management and development of the fishery; (d) any recommendation of the Licensing Committee established under this Decree. (2) Licence fees maybe Classified, interalia, according to the valueof species sought,and the length overall, gross tonnage, type of gearor other methodrelated to the harvestingpotentialof the vessel, gear or beach seine. (3) Suchfeesshallreflecta generalpolicy oftbisDecree of development of the SierraLeone fisheries sector. 20. The Director shall issue licences for aquaculture Aquaculture. operations insuchformandinaccordancewithsuchrequirements asmay be prescribed, and shall he informedof all aquaculture operations in the country, PART V - FOREIGN FISHING VESSELS 21. (1) No foreign fishing vessel shall (a) enter the fishery waters except for a purpose recognised by intemationallaw; or (b) be used for fishing or related activities in fisheries waters or for such other activities as may be provided in this Decree except in accordance wi tha validlicenceissuedpursuant to this Decree, an applicable accessagreement oras otherwise authorised by thisDecree. (2) No person, being aboard a foreign fishing vessel or being a memberof the aew of or auacned to or employed on a foreign fishing vessel, shall in the Republic of Sierra Leone or in the fishery waters engage in fishingor relatedactivities except in accordance with mis Del-lee. (3) The owner, operator and each member of the crew of any foreign fishing vessel in the fisheries waters shall comply with any Foreign fishing vessels. master of that vesselmaster of that vessel 1994 19 andshall be consistent with any fishery plao. (3) Everyaccessagreementshall include such provisions as may berequired to implementminimumterms and conditionsoffisheries access. in accoroance with this Decree, including (a) establishing the respoosibility of the foreign party to take all measures to easurecompliance by its vessels with the terms and COQditions of the access agreement and wilh all applicable laws, including those relating to fishing and related activities in the fishery waters; (b) the issuance of licences and paymentoffees for fishing, fisb relatedactivitiesor otteractivities or operations described in this Decree; (c) a provision that the owner, charterer, operator, masteror any other person responsible for the operation of a licensed vessel shall not tranship fish at seaexcept only at designated times and placesand in accordancewith this Decree; and (d) such other matters as may be required for effective implementation of the access agreement in accordance with this Decree. 24. (1) Any citizen of Sierra Leone or qualified company that entered into a charter agreement for the use of a foreign fIShing vessel shall submit thecharter agreement to the Director for designation as an approved charter agreement (2) The Director may determine whether to approve a charteragreementtaking tbefollowingguidelines into accountandsuch other guidelines as may be prescribed (a) the number of flSbing vessels, total allowable catch or other factors relevant to fisheries conservation and management; (b) the revenue. includingforeign exchange, to be derived trom tbe nsnery: (c) employmentof SierraLeone Citizens; (d) the needs of the fishery sector; Chartered foreign fishiug vessels. 20 1994 (s) any otber conSidct'atiOil relevant to sound fisberies management; and if) tberecOOUDf'Matm ottbeLiceDsiDgCcmmittee. (3) The Director may approve a cbaner agreementonly if the following requirements are met (a) @echarter agreement vests operatiooal control of the foreign fishing vessel in such citizenor qualified compeny and meets the other conditions forapproV2l contained ira the;Decree. and such other conditions which may be prescribed by 'regulation; , (b) the foreign tlsnmg vessei is otherwise enueec to receive a Ioreiga fishing licence; (c) mecharter agreement is in fullcomplinnce with all applicable laws of SlOTa Leone, and all required documentauon is in order; (d) he issatisfied, takingintoeccountamoegothers, financial statements and past performance of lhe company. that all financial obligations will be met promptly and effectively, including full payment of all fees aOO any- fine, penalty or other <Jeter.nination which may result frOO1 the vessel's activities; (e) the charter agreement provides clearly identiflab!e benefits, with no adverse effects [0 Sierra Leone, including UJ devetcpment of tte local Fishing Industry; (ii) foreign exchange earnings fDr Sierra Leone; (iii) landing and domestic distribution activities; and (iv) development of export opportunities. (4) Anyvessel fishing under an approvedcnarteragreemem shall be subjec to all requirements of this Decree in respect of foreign 1994 21 fishing vesseis, including lia';Ddng aDd ampIiaDce RqUiremems and penalty levels; except that such lower licencefee may beprescribed by reguJadoo at a level DO( less ll1an thatrequired foe Joc3l fisbing licenres. 15. (1) WbQe there is DO applicable access arrangement. the Directamay autbaisemarine scientific researchortest fishing operations in the f"lS1lery waiers upon compIetioo ofprocedures required under this Decree. (2) The Director shall attach such conditions to any authorization issued pursuant to subsection(1) asmay be prescribed and may 21t3Ch such additional conditions as be thinks fit and which are consistent with cooditions which may be prescribed. (3) Any authorization granted tmder this section shall be in writing.and in such form as may be prescribed or otherwise required. (4) Each person autbonsed in accordance witb tbis section shall comply with all applicable laws of the Republic of Sierra Leone and the conditions of such authorization. ~OD dmarine scientific research and test fishi ng. (5) TheDirectormay refuse to issue. suspendorcancel such autborizatioo in accordancewiththis Decreeifthere is failure to comply with therequirements ofthisDecreeor the conditionsof the authorization. (6) Any person who undertakesmarine scientific researcb a testfishing operations in respectof a foreign fishing vesselwithoutan authorization issued under this section, or who contravenes subsection (4)commitsanoffenceand is liableon conviction to a fine not less than the leone equivalent of onehundred thousand United States dollars. 26. The Director shall require that.prior to the issuance of Appointment a licence in respect of any foreign fishing vessel the applicant shall of agenlS. appoint an agent within Sierra Leone; who isa citizen of Sierra Leone or has resided continously within Sierra Leone for a period ofat least five yearsimmediaJelyjX'iortosuchappointment, withnoreamlofconviction, who shallbe authorisedtoreceiveand respondtoanylegalprocessissued in Siena Leone with respect to the activities of the vessel. its owner, operator, master and crew members. 27. (1) The Director may require that. prior to theissuance ofa Posting of licence to any foreign fishing vessel. theapplicant or his authorised agent bonds. sball posta performance hood which may be applied to the payment of anyfine,penalty orotherdetermination foranyoffenceunderthisDecree committedby or in respect of that vessel. (2) The Director may further require that the posting of a performance bond during the period of validity of the licence shall be a condition of the licence. 22 No. 19 The Fisheries (MaNJg~1TIL1IlandDevetopmetu) Decree 1994 Cancellatioa, suspension cr modification cllicence3. Fees for foreign fishing licences. 28.. Ifany foreign fishingvesselfor whicha licencehasbeen issued under this Part bas been used in the commission of an act prohibited by this Decree, ocany regulations or orders issued under it or any condition of that vessel's licence, theDirector may (a) cancel such licence; (b) suspend such licence for such time as he may deem appropriate; (e) impose additional or modified conditions for such licence. 29. (1) The Secretary of Statemay by regulations prescribe the fees to be paid in respect of the issuance of aforeign fishing licence and shall in prescribing such fees take into account (a) the value of the fish species being sought; (b) the quantity of the species sought; (e) the efficiency of the gear; (d) alternative used of the fishery resources; (e) the cost of fishery management and development; (j) the cost of fisheries research, administration and enforcement; and (g) the recommendation of the Licensing Committee, witha view toextracting asuitable economicrentforwe fishery resource. (2) The Secretary of State may by regulation provide for the classificationof licence fees. (3) Such fees shall reflect a general policy of development of the SierzaLeone fisheries sector. 30. '),& I (2) Any persoe who~s in fishing during a closed season declared in aanrlance with this section commits an offence and is liable on conviction to a fine of not In{){C than two million leones in respect of local ftsbing vessels and the leone equivalent of onehundred thousand United States dollars in respect of foreign vessels or imprisonment for a term of not more than two years or to both. MaDufOldU:e, ~aOODCl" :llS1cdfulllng oets. Minimum mesb of rrawl nets. Prohibition of use of seine nets in inland waters. Minimum mesb of seine net in coastal waters. Minimum mesb of gill net in riverine system. 33. (1) The Director may specify in writing thenature and type of fishing nets to bemanufactured or imported into Sierra Leone. (2) Except as odlerwise provided in subsection (3), no person shall (a) import into, manufacture, sell or use for fishing in Sierra Leone any fishing net or netting the mesh of which is less than 25 millimeters in stretched diagonal length; (b) use any authorised contrivance as fishing gear for the purpose of taking fish in any body of water. (3) The Director may for the purposes of fisheries research or other activity approve in writing the unportanoo, manufacture or use of such net or netting, subject to such conditions ashedeems fit 34. No person shall operate from or carry un board ill any fishing craft a trawl net the mesh of which is less in stretched diagonal length than the prescribed mesh. 35. (1) Subject to subsection (2), no person shallusea seine net in any river or body forming part of the riverine system. (2) The Director may permit in writing the useof seine nets inestuarinewatersbut no such permit shall authorise theuseof seinenets the mesh of which is less than fifty millimetres in stretched diagonal length. 36. No person shall use for fishing in coastal waters a seine net the mesh of which is less than twenty-five millimetres stretched diagonal length. 37. No gill net, whether drifting or set, shall be used in any river or body of water forming part of the riverine system if the mesh of the net is less than fifty millimetres in stretched diagonal length; in the caseofmultifilamentnetorseventy-fivemillimetres instretcheddiagonal length in the case of monofilament net 38. shall Prohibition on use of net on barier. Mesh restrictions for nets used person shall use less on industrial fishing vessels. two for the in thefor the in the other shellfish; thirty-two inthirty-two in ww h fit. 26 No. 19 The Fisheries (Management and Developmetu) Decree 1994 Madingc:1 ~mi­ jDdwtriaJ and industrial vessels, ~oe.:J and gear. Driftnet fishing 1ctivi ties. Prohibited flShing methods. 42. (1) The Licensing Officer shall allocate to everi semi industrial andindustrial vessel used for fishing activities described in this Part seen regtstrauonleuers and numbers and otbermarkings as may be prescribed, (2) The Licensing Officer snau anccare to every nsntng vessel used for flshing activities described in this Pan such letters and numbers and other markings as he may determine. The owner of the canoe snan also disclose me type of gear be shall use and if it is a net the length and depth of the net shall be stated in the application form. (3) Every submerged stationary nsnmg gear or surface drifting gearshall bearconspicuous surface marksusing high tlYcoloured buoys, flags Dr floaung poles and night lighted markers all of which must at least bevisible in clear weather at a distance ofone nanticalmile:except that in the case of nets the markers shall be placed at intervals of twenty five meters along the fuJI length of the net (4) Any person who contravenes this section canmits an offence and is liable on conviction to a fine ofnot more than two hundred thousand leones; andin addi tion the catch, fishing gearorother apparatus or any combination of them used in the commission of the offence may be forfeited or the flshing licence may be cancelled or suspended for such period as theDirector thinks fit 43. (1) Nofishing vessel shall be used for or assist in anydriftnet fishing activities in the fishery waters. (2) No person. being a national of Sierra Leone. shall engage or assist in any driftnet fishing activities. (J) ....:.:.'"1)' person who contravenes :.his section CGU'.1!'jrs ~U1 offence and is liableon conviction to a fine of notmore than twomillion leones, and in addition the catch, fishing gear Of other apparatus or any combination of them used in the commission of the offence may be forfeited or the fishing licence may be cancelled or suspended for such period as theDirector thinks fi t 44. (1) No person shall (a) permit to be used, use or attempt to use any explosive. poison or other noxious substance for the purpose ofkilling, stunning, disabling or catching fISh. or inanywayrendering fish more easily cau-tbt; or No. 19 The Fisheries (Managemen: and Development) Decree 1994 27 (b) carry or have in his possession or control any explosive, electric shock device poison or other noxious substancein circumstances indicating an intention of using suchsubstance for any of the purposes referred to in paragraph (a). (2) Any explosive. electric shock device poison (X" other noxious substance found on board any fishing vessel shall be presumed. unless the contrary is proved. to be intended for the purposes referred to in subsection (1) (a). (3) Any person who lands, sells. receives or possesses any fish taken by any means contrary to subsection (1) (a), and who knows Of has reasonable cause to believe them to have been so taken, commits an offence and is liable on conviction to a fine of not more than two million leones (X' where a foreign fishing vessel hasbeen used the leone equivalent of one hundred thousand United States dollars or to imprisonment for a term nut exceeding two months or to both. (4) In any proceedings for any offence against this section, a certificate as to the cause and manner of death or injury of any fish, signed by the Director. or any person authorised by him in writing. shall, until thecontrary is proved, be sufficient evidence as to thematters stated in the certificate. (5) In any proceedings for any offence against this section, thedefendant sball be given not less than fourteen days' notice in writing of theprosecution's intention to adduce a certificate under subsection (4). 45. (1) Subject to subsection (3). no person shall fish for marine FLShiog fer mammals in the fishery waters. marine mammal!. (2) Any marine mammal caught accidentally shall be released immediately and returned to the waters from which it was taken with the least possible injury. (3) The Director may give wrinen authorization to fish for marine mammals in a limited manner. (4) Anyperson whocontravenestheprovisionsof subsection (1) or (2) commits an offence and shall be liable on conviction to a fine of notmore than three million leonesor where a foreign fisbing vesselhas been used the leone equivalent of one hundred thousand United States dollars or to imprisonment for a term not exceeding two months or to botb. 28 No. 19 TM Fisneries (Mcutagtmeru andDt~lop~1Uj Duree 1994 reserves. Pollution of fisbery waier3. Fi.~h~rie.~ impact assessments. Import and expert of live fish. 46. (1) The Secretary of State may, after coosultation with owners of adjoining land and with the appropriate local government authority, declare any area of the fishery waters and the seabed underlying suchwaters to be a marine reserve. (2) Any person who, except with the written permission of the Secretary of State,within any marine reservedeclared in accordance with this section (a) engages in fishing; (b) dredges or takes any sand'or gravel; or (c) otherwise disturbs the natural habitat, commits an offence and is liable on conviction to a fine ofoot more than three million leones or ifa foreign fishing vessel has been used the leone equivalent of one hundred thousand United States dollars or to imprisonment for a term not exceeding six months or to both. 47. Any person who directly or indirectly introduces any deleterious substance into the fishery waters which adversely affects the habitat or health of the fish or other living aquatic resources is guilty of an offence and is liable on conviction to a fme of not more than three million leones or if a foreign fishing vessel is used the leone equivalent of one hundred thousand United States dollars; and such additional amount as may be determined in compensation for any loss suffered as a result of such deleterious substance and the cleanup costs. 48. (1) Any person or Government Department or other agency planning to conductany activityother than fishing, whichis likely tohave a substantial impact on the fishery resourcesor other aquatic resourcesof SierraLeone. shallinform theDirectorof such plansand consult withhim prior to the commencement of the planned activity with a view to the conservation and protection of such resources. (2) The Director may make or require reports and recommendationsby those conductingtheplanned activity regarding the likely impact of such activity on the fishery resources or other aquatic resourcesofSierraLeoneand possiblemeansofpreventingorminimising adverse impacts, which shall be taken into account by the person, Government Department or other agency in the planning of the activity and in the development of means of preventing or minimising any adverse impacts. 49. (1) No person shall import into or export from Sierra Leone any live fish except in acmrdaoce with 5J~h proceolJre-s as may be prescribed. (2) AnyprncllwboaxllJ'aVeDeS tbeprovi$3oa$ofsubsection (1) commits an offence aDd011Q)I1vietioo b-liabJeto a fine of DOllllOlt: thanthree millioo lecoesor to a term of imprisomnentnotexceeding six mooths. PART V!! - BU!!..DING. lMPORTAnON AND MANNING OF MOTORlSED FISHING VESSELS so. (1) No person shall undertake in SierraLeone the building of industrial fishing vessels unless be hasbeen granted a licence to do so by the Secretary of State. (2) The design for the building of any industrial fishing vesselsball be subject to the approval and supervisionof tbe Director or such person or persons as he may designate in writing who shall be officialsofthe Department of Fisheries and Marine Resources. (3) No personshall offer for sale, whetherwithinor outside Sierra Leone, any new industrial fishing vessel built in Siena Leone unlesstherehas been issued in respect of that vessel a Certificate of Sea Worthiness in accordance with the laws of Sierra Leone. 29 BuildiDg and saleoc motorised fuhing vessels. (4) The Secretary of State may, in consultation with any relevant authority, prescribe the standards and specifications for the design and construction of industrial fishing vessels and also for the application forms for the licence described in subsection (1). (5) Any person who contravenes subsection (1) or (3) commitsan offenceand is liableon conviction to a fine of not more than fivehundred thousand leones or to a term of imprisonmentof not more than one year or to both; and inaddi tion the COUJ1 may order the forfeiture of the vessel in respect of which the offence was committed. 51. (1) No person shall, without the prior approval in writing I~oD grantedby theSecretaryof State import into SierraLeone anyindustrial of industrial fishing vessel, fIShing vessels, (2) The owner, operator and master of any vessel used in contraventionof theprovisionsofsubsection (1) commitsanoffenceand is liableon conviction to a fineofnot more than five hundred thousand leonesor to a term of imprisonmentnot exceeding two years or to both; and in addition thecourt may order the forfeiture of the vessel in respect of which the offence was committed. 30 MulaiDIc1 J~nri-t ii.shing v-~ S (1) A motorised fishing vessel exceeding 60 Gross Registered Tonnage shall not~ to sea or call at a port in Sicml Leone unless it has on 00ard (f!} a skipper. male or secondhand, each boldi:lg a Cernflcare of Competency issued by the rom.-pe~nt authority; (b) an engineer who holds a FU"St Class Engineer's CertificateofCompetencyissuedbyacompeeat authority; (c) an engineerwhoholds aSecoodClassEngineers Certificate of Competency issued by the competent authority; (d) a bosun who holds an Able Bodied Seanum's Certificate of Competency issued by the competent authority; (e) in the case of a vessel equipped with marine radio telephone, a radio operator with the requisite CertificateofCompetency issuedby a competent authority; (f) in the case of a vessel equipped with marine telegraphy, a radio officer with the requisite Certificate of Competency issued by the competent authority. (2) No motorised fishing vessel of less than 60 Gross Registered Tonnage shall proceed to sea in Sierra Leone unless it is provided with (a) a coxswain who holds a Certificate of Competency issued by a competent authority; or (b) a marine motor mechanic who holds a Certificate of Competency issued by the competent authority. (3) Except in case of emergency at sea no person shall (a) hold himself out as a skipper, second hand, radio officer, radio operator, bosun or engineer No. 19 TM Fisheries (MllMgemem and Developmeru) Decree ofa semi-industrial or industrial vessel without first ascertaining that he has been duly certificated as such in accordance wi th this secticn; (b) employ any person as a skipper, second hand, radio officer. radio operator, bosun or engineer ofa semi-industrial or industrial vessel without first ascertaining that he has been duly certificated as such in accordance with this section. (4) For the purpose of thissection a personshall be deemed to be duly certificated as a skipper, second hand, radio officer, radio operater, bosun or engineer ofa semi-industrial or industrial vessel ifhe holds for the time being a Certificate of Competency granted by the competent authority. (5) Where the skipper a engineer of a semi-industrial or industrial vessel is absent. the competent authority may on application by me ownero..-the vessel andon being satisfied thatthe absence oftheskipper c.' engineer is unavoidable, antborise the holder of a lower grade fishing certi.ticate toaetfaaperiod to be specified, butnotexceedingfourmonths, as the skipper Q[' engineerof tbe vesselas the case may be tifug the period tb.al the skipper or engineer is absent, and theholder of the lower grade Certificateof Canpetency so autbOOsed toact shallfa the purposesof this section be deemed to be the duly certific3ted skipper oe engineer. (6) A competent authority designated in writing by the Director shall keep a record of every Certificate of Competency issued in accordance with this section and of any suspension, alteration or cancellation or any other matter affecting any such Certificate. (7) Any person who contravenes subsection (1), (2) or (3) commitsan offence and is liable on conviction to a fine of not more than three hundred thousand leones or to a termofimprisonmentnotexceeding sixmonths or to both. PART VIII - LICENSING: GENERAL 31 53. (1) Applications for licences shallbe made in the form and Applicatioa in accordance with procedures prescribed by regulations. foc Iieeaces, (2) Such documentation as maybe prescribed or otherwise required under this Decree shall be submitted to the Director with the application for licence. 32 No. 19 The Fisheries (Management andDevelopment) Decree 1994 Conditions of licences. Pees and olherforms of compensa UOD. VaJidityof licences. 54. (1) Every Iicenc....e issued under this Decree shall be in the prescribed form, and may be subject to-> (a) such conditionsas may beprescribed; and (b) such special conditions as may be specified under subsection (3). (1) The Secretary of State may, by notice published in the Gazette, specify general conditions, consistent with this Decree, any applicable fishery plan, access agreement or multilateral agreement, additional to those to which all licences or any category oflicences shall be subject (3) (a) The Director may attach to any licence such Special conditions consistentwith this Decree, any applicable fishery management planand accessarrangement as he thinks fit. (b) The Directormay fromtime to time wherebe is satisfied thatit is expedientfor theproper management of fisheries in the fishery waters, vary any special conditions attached to any licence. (c) Where any special conditions attached to any licence are varied, the Director shall notify the licence holder of the variation as soon as practicable. 55. (1) There shall be payable in respect of every licence or authorization issued under this Decree such fees, royalties or other forms of compensation as may be prescribed or as may otherwise be provided under this Decree. (2) No licence shall be issued and no authorization sbaH be given pursuant to this Decree unless the required fees, royalties and other forms of compensation have been paid in accordance with this Decree and an applicable accessarrangement. 56. (1) Subjectto thissection,everylicenceissuedunder this Decreesball, unless earliercancelledor suspended inaccordance with this Decree, be valid for a period not exceeding one year, or such lesser period as maybe speciried, and shall not extend beyondtheperiod of validity of an applicableaccessarrangement. (2) A licence issued under thisDecreeshallonly be valid for thespecies of fishandthe type of fishing gear or methodof fishing or such other activity in accordance with this Decree as may be specified in the licence. No. 19 The Fisheries (Management and Development) Decree 1994 33 (3) Every localflshing licence s.ball be valid fa-such period not exceeding one year, unless otherwise specified on thelicence, or for such lesser period as may be specified on the licence. (4) Each fish processing export establishment licence shall, unless otherwise specifiedorearliercancelled or suspended in accordance with this Decree, be valid for a period not exceeding one year, and shall DOt be transferable. (5) Where a vessel licensedas a local fishing vessel becomes a foreign fishing vessel, the licence shall automatically terminate. 57. Except asotherwise provided in thisDecree, no licence Transferaoil issued under this Decree s.hall be transferable except with the written i~y of permission of the Director and in accordance with any applicable access licences. arrangement. S&. A licence or authorization issued under this Decree shall Observation not relieve any licensee, orthe master or crew ofa fishing vessel of any of laws. ooligationorrequirementimposedby law concerning navigation, health, customs, immigration or any other matter. 59. (1) Any.person aggrieved by decision to (a) refuse to issue or renew a licence issued under this Decree; or (b) cancel or suspend a licence issued under this Decree; may, within thirty days of receipt of notification of that decision appeal to the Secretary of State, whose decision, which may not be delegated, s.hall be final. Appeals. (2) Until such time as the Secretary of State decides such appeal, the decisionfromwhich the appeal is taken s.hall remain in force. 60. (1) The Director shall cause to be maintained a register of Registerof all licences issued pursuant to this Decree, containing information licences. relating to (a) thenature of the activity licensed; (b) the vessel, person or establishment licensed; and (e) the period of validity of each licence; 34 No. 19 TIU! Fisheries (Management and Develoomeru) Decree and such additional information relating to the licences as may be prescribed. PART IX - MONITORING, CONlROL, SURVEII.l..ANCE AND ENFORCEMENT EstabWhmeDt and functions of Monitoring Unit 61. (l) Thereshall beestablished in theDepartmentolFisheries and Marine Resources a unit to be known as the Fisheries Monitoring, Control, Surveillance and Enforcement Unit (hercaftcr referred to as "the Unit"). (2) The Unit shall be responsible for (a) monitoring, controlandsurveilanceofallfJShing operations within the fishery waters; aoil (b) the enforcement of this Decree, (3) TheDirector mayfrom time to timerequest the services of personnel from other Departments, Agencies or other competent bodies to assist the Unit in the performance of its functions. (4) The Director may in writing designate personnel of the Unit as authorised officers in accordance with this Decree, and such personnel shall exercise all powers and privileges accorded by this Decree and as may be conferred by any enactmentof Sierra Leone on police officers. Powers of authorised officers. (5) The Director shall establish a special fund called the 'Monitoring, Control, Surveillance and Enforcement Unit Fund" into whichall fines and penaltiesimposedunder thisDecree or otherfisheries lawsshall be deposited,and thisfundshallbe subject to standardauditing procedures and used to contribute to the operations of theUnit, and such other management activities of the Department as the Director may designate,whichshouldincludeamongother thingstraining andresearch. Appointment 62. (1) The Director may, in writing, appoint any person or ci. authorised category of personsas authorisedofficers for thepurposes of thisDecree, officers (2) Anyfisheries officer within the DepartmentofFtsberies and Marine Resources or any agent appointed in writing by theDirector shall be deemed an authorised officer for the purposes of this Decree. 63. (1) For the purposes ofenforcing this Decree, any authorised officer may, without a warrant or other process No. 19 The Fisheries (Management and Development) Decree 1994 35 (a) stop, board. remain on beard and search any vessel in the fishery waters he reasonably believes is a fIShing vessel, or other fishing vessel registeredunderthe lawsofSierraLooneoutside Register r:i the fishery waters. and stop and search any liceoces. vessel,vehicleoraircraft be reasonablybelieves may be transporting fish ex engaging in other activities relating to fishing; (b) require the master or any crew memberor other person aboard to inform him of the name, call signandcountryof registrationof thevessel and thenameof themaster,owner. chartererorother aewmember, (c) examinethemasterorany crewmemberorother personaboard about thecargo, contentsof holds and storage spaces, voyage and activities of the vessel; (d) makesuchexaminationand inquiryasmayappear necessary to himconcerningany vessel,vehicle or aircraft in relation to which any of thepowers conferred by thissubsectionhavebeenormaybe exercised and take samples of any fish or fish product found on it; (e) require to be produced, examine and take copies ofanylicence, logbook, recordorotherdocument required under this Decree or concerning the operation of any vessel or aircraft; if) make an entry dated and signed by him in the logbookof such vessel or aircraft; (g) require to be produced and examine any fish, fishing gearor applianceor explosive,poisonor other noxious substance; 36 No. 19 The Fisheries (Management and Development) Decree 1994 (h) givedirections to the masteror anycrewmember ofany vessel, vehide oraircraftstopped. boarded C1' searched as may be necessary or reasonably expedientforanypurposespecified in lbis Decree or to provide for the compliance of the vessel, vehicle oraircraft, or masteror anycrewmember with the conditionsofany licenceorauthorization; (i) endorseany licence or authorization; and (j) arrest any personwho assaultshim in the exercise of his duties under this Decree. (2) Where an authorised officer bas reasonable grounds to believe an offence against this Decree is being or has been committed, be may without a warrant (a) enter,inspectandsearch anypremises. otherthan premises used exclusively as a dwelling-house, in which he has reasonablegroundsto believe an offence has been or is being committed or fish taken illegally are being stored; (b) stop, enter and search and stay in or on any vehicle or aircraft which be reasonably suspects of transporting fish or fish products; (c) following hal pursuit in accordance with international law and commenced within the fisheries waters, stop, board and search outside the fisheries waters any foreign vessel which he has reasonable grounds to believehasbeen used in the commission ofsuch offence and bringsuch vessel andall personson board within the fisheries waters; (d) take samples of any fish found in any vessel or vebicle inspected or any premises searched under thisDecree; (e) seize No. 19 The Fisheries (Management and Development) Decree 1994 37 (i) any vessel (including its fishing gear, equipment, stores and cargo), vehicle, fishing gear, nets or other fishing applicances or aircraft which he has reasonable grounds to believe has been or is being used in the commission of such offence or in respect of which the offence has been committed; (ii) any fish Of fish products which he has reasonable grounds to believe have been caught in tne commission of an offence or are possessed in contravention of this Decree; (i ii) any electric shockdevice, explosive. poison Of other noxious substance which he has reason to believe has been used or is possessed in contravention of this Decree; (iv) fish not meeting health standards prescribed under this Decree; (v) any logs, charts Ofother documents required to be maintained by this Decree or under the terms of any licence or other authorization or which he has reasonable grounds to believe show or tend to show, with or without other evidence, the commission of an offence against this Decree; and (vi) any thing which he has reasonable grounds to helieve might he used as evidence in any proceedings under this Decree; and (f) arrest any person whom he has reasonable grounds to believe has committed an offence against this Decree. (3) A written receipt shall be given for any article or thing seized under this section andthe grounds for such seizure shall be stated in such receipt (4) Any person arrested without a warrant under this section shall be taken to a police station and dealt with in accordance with law. (5) An authcrised officer may, with or without a warrant or 38 No. 19 The Fisheries (ManagementandDevelopment) Decree other process 1994 Powers of authorised of ficer beyond limits of fishery waters. Requirements fex seized vessels, etc. (a) execute any warrant or other process issued by any court of competent jurisdiction; and (b) exercise any other lawful authority. 64. Where following hot pursuit in accordance with this Decree, a fishing vesselis pursued beyond thelimitsof theflsbery waters the powers conferred on authorised officers by this Decree shall be exercisable beyond the limits of the fishery waters in accordance with international law . 65. (1) Where any vessel is seized under this Decree (a) the master and crew shall take it to such port as the authorised officer shall designate, being the nearest or most convenient port; and (b) the master shall be responsible for the safety of the vessel and each person on board the vessel, including the crew, himself and any authorised officer until lbe vessel arrives at lbe designated port. (2) If the master fails or refuses to take the seized vessel to the designated port then an authorised officer or person called upon to assist him may do so. (3) Ifa vessel is taken to port in thecircumstances described in subsection (2). no claim whatever may be. made against any authorised officer or the Government in respect of any damage, injury, loss ordeath occurring while the vessel is being so taken, subject to the provisions of this Decree. (4) When a vessel seized under this Decree arrives in port, the crew or such otber person connected with the vessel as may be designated by the Director shall be responsible for the maintenance ofthe vessel and no claim whatever may be made against the Government in respect of anydamage, injury, loss or death occurring while the vessel is in port (5) The provisions relating to vessel and masterdescribed in subsectioos (1) to (4) apply muuai: mJIIa1IdiJ to vehicles and aircraft seized in accordance with this Decree, and their drivers and pilots respecavety. 66. (l) Anauthorisedofficer may removeanypartor parts from any unlicensed vessel, vehicle or aircraft held in the custody of the Govenment of SierraLeonefor thepurposeof immobilising thatvessel, vehicle or aircraft, (2) Any partorparts removed undersubsection (1) shall be kept safely and returned to the vessel, vehicle or aircraft upon its lawful release from custody. (3) No person shallknowingly possess or arrange to obtain any part or parts removed under subsection (1) 01' knowingly possess or arrange to obtain or make any replacement or substitute part or parts for those removed under subsection (1) or shall fit or attempt to fit any part or parts or any replacement or substitute part 01' parts to a vessel, vehicle CC' aircraft held in the custody of the Government of Sierra Leone. (4) Any person who contravenes subsection (3) commits an offence and is liable on conviction to a fine of notmore than two million leonesor to a term of imprisonmentnot exceeding sixmonths or to both. 39 Removal r:i pam from 3eiud vehicles. 67. (1) inspectors. The Director may designate in writing persons to act as Inspectors and observers, (2) Inspectors shall exercise such functions as theDirector mayrequire. including scientific.compliance, and monitoring functions. (3) Tne Director may appoint in writing persons to act as observers in respect of any vessel issued with a valid fishing licence or authorization pursuant to this Decree. (4) Observers shall exercise such functions as the Director may require, including scientific and monitoring functions, which shall include (a) collecting eateh and effort data; (b) taking reasonablesamplesforscientificpurposes; and (c) reporting violations of this Decree. 68. (1) Any person on board any vessel with a valid licence or Duties to authorization pursuant to this Decree shall permit any inspector or inspecton ud observertoboard and remain onsuch vessel for thepurposes ofcarrying observers. out his duties and functions. 40 No. 19 1M FisM1US (Mana8~1fI tmd Devtwpment) Decree 1994 (2) Theoperanxandeachmemoerot theaewofsucb vessel sball allow and assist any inspector or observer to (a) board such vessel for scientific, compliance, monitoring and other functions, at such timeand place as the Director may require; (b) have full access to and the usc of facilities and equipnenton board the vessel which tbeinspector may determine is necessary to carry out his duties, including " (i) full access to the bridge, navigation CJ1artS, fish on board and areas which may beused to hold. process. weigh and store fish; (ii) full access to the vessel's records, including its logbooks and documentation for the PtJll)OSeS ofrecords inspection andcopying; (iii) full access to fishing gear on board; and liV) reasonable access to navigation equipment and radios; (c) take and remove from the vessel reasonable samples for the purposes of scientific investigation, and other relevant information; (d) take photographs of the fishing operauuns, including fish, fishing gear and equipment and charts and records, and remove from \he vessel such photographs or film ashe mayhave taken or used on board the vessel: (e) sendor receive messages by means of the vessel's communications equipment; if) carry out all duties safely; anc (g) disembark at such time and place as may be requested {Y in accordance with an applicable access arrangement. ~o. 19 1M Fuherits (ManagtrMrU andDtwlopmerU) Decree 1994 41 (3) The opemtor of a vessel s.bal1 provide the inspector or observer,andanyauthorised officer forcedby circumstances to stay on boardthevesselfora proloogedperiodof time,whileonboardthevessel, alooexpeose,withfood,acwmmodatiooaudmedicalfacilitiesequivalent to tbal accorded to officers. (4) In addition to tile requiremCDlS of subsection (3), tne operatamayberequiredtopay infull tile following costsof theinspector <X' observer (a) travel costs to and from thevessel; (b) such salary as may be notified by theDirector, being the full amount of such salary; and (c) full insurance coverage. (5) Any operator of any vessel with a valid licence or authaization issuedunderthisDecreeshallallow and assistanyinspector or observer to have full access to any place withinSierra Leone where fish taken in the fishery waters is unloaded or transhipped, to remove reasonablesamplesforscientificpurposesand to gatherany information relating to fisheries in the fishery waters, (6) Any person who contravenes the provisions of this section is guilty ofan offence and shall be liable to a fine ofnot more than three million leonesor in relation to a foreign fisning vessel me leone equivalent of fifty thousandUnitedStatesdollars or to imprisonment for a term not exceeding two years or to both. 69. (1) The masterandeachcrewmemberofany fishing vessel, [he driver of any vehicle and the pilot and crew of any aircraft shall immediately comply with every instruction or direction given by an authorised officer, inspector or observer as appropriate, and facilitate safeboarding, entryand inspection of the vessel. vehicleor aircraft and any fishing gear, equipment, records, fisb and fIS!: products (2) The masterandeachcrew memberof a vessel. driverof a vehicle or pilot and crew of an aircraft shall take all reasonable measures to ensure the safety of an authorised officer, inspector 01' observeras appropriatein the perfamance ofbis duties. (3) Any person who (a) contravenes subsection (l) or (2); Duties to authorised officers, inspectors and observers. 42 (b) assaults, obstructs, resists, delays, refuses boarding to. intimidates or fails to take all reasoeable measures to ensure the safety of Of" otberwi.se interferes with an autbocised officer, inspector or observer in the performance of his duties; (c) incites or encourages any otherperson to assault, resist or obstructany authorised officer, inspector or observer while carrying out his powers or duties. or any person lawfully acting under the officer's oeoers or in hisaid; (d) uses threatening language or behaves in a threatening (r insulting manner or uses abusive language or insulting gestures towards any authorised officer, inspectoror observer w.bilein the executioo of his powers or duties, Of any person lawfully acting under an authorised officer's (I\krs or in his aid~ (e) fails to comply with the lawful requirements of any authorised officer, inspector or observer, (f) furnishes to any authorised officer. inspector or observer anyparticulars which, to his knowledge Me falseormisleading in anymaterialrespect; or (g) personates (r falsely represents himself to be an authorised officer, inspector or observer or who falsely represents bimsdfto bea person lawfuny acting under an authorised officer's orders or in his aid; commits anoffence and is liable on conviction to a fine ofnot more than two million leooes or in respect of a foreign fishing vessel the leone equivalent of fifty thousand United States dollarsor to imprisonment for a term not exceeding two yean or to both. (4) Fa-tbepurposesofsubsection (3), anyperson wbodoes not allow any authorised officer, or any person acting under hisorders or in his aid, or an inspector or observer to exercise any of the powers conferred 00 such personby this Decreesballbe deemed to be obstructing that officer, person. inspector or observer. (5) Every person woo, being a master, owner Or agentof a fishing vesssel which transports an authorised officer, inspector or observeroutside the f1Shery waters and causeshim to disemtwt outside the territory orjurisdictioo ofSierraLeone, CQIDIIlits anoffenceand shall be liable on convictionto a fIne of not more than the leone equivalentof fifty thousand United States dollars in addition to all costs ofrepatriation including board and lodging while out of Siena Leone and direct transportation to Sierra Leooe, 70. (1) An authorised officer, inspector oc observer, when exercising any of the powers conferred by this Decree, shall on request produce idenufication to show that he or she is an authorised officer, inspector Cf" observerunder thisDecree. 71. (1) Any person who does any act in pursuance or intended pursuance of the functions conferredon himbyor underthisDecree shall not be subject to any civil or criminal liability in respect of such act, whetheron the grounds of wantofjurisdiction, mistake of law or fact, or on any other ground, unless he acted, or omitted to act, in bad faith without reasonable cause. (2) The Govemmentshallarrange for full insurancecoverage for all authorisedofficers, inspectors and observers for the duration of their sea duty. Part X - SALE, RELEASE AND FORFEITIJRE OF REfAINED PROPERTY 43 IdcntifieatiOtl of • uth<::>ri,ed officers, in spectors and observers. ~D(/. authorised officers, inspec\lXs and observers. 72. (1) The Court may, on applicaiton order the release of any Release of fishing vessel (together with its fishing gear, equipment, stores and seiud gClOd3. cargo),vehicle, aircraft orotheritemsseized underthisDecreeonreceipt of such bond or other form of security as it may determine. (2) In determining the value of the bond or other form of security, the Court shall haveregard to theaggregate amountof thevalue of the property to be released, an estimated total fine or other penalty providedfor theoffenceschargedor likelyto bechargedandthecosts the prosecution would be likely to recover ifa conviction were entered, and may set the valueat such aggregateamount (3) Notwithstanding the provisions of subsection (2), \he amountdetermined by theCourt underthissectionshall not be less than the fair market value of tbe property to be released or the aggregate minimum fine or penalty for each offence charged, whichever is greater. r No. 19 The Fisheries (Management and Development) Decree 1994 45 (3) The Director shall notify the owner or apparentowner of the perishable goods seized of the sale, and such owner or his nominee may be present at the sale. 74. Any vessel, vehicle, aircraft or oilier item seized under Holding ol this Decree or any bond or other security or net proceeds of any sale in seized goods respect thereof shall be held by the Government pending theoutcome of any legal proceedings under this Decree or until it is decided not to lay an information or charge, and any penalties imposed under this Decree have been fully paid. 75. (1) Where any person is convicted of an offence against this Coon's power Decree, the Court, in addition to any other penalty- of fcefeiture. ia) mayorder that any fishing vessel (together with itsfishing gear, equipment, stores and cargo) and any vehicle or aircraft used or involved in the commission of that offence be forfeited to the State; (b) shall order, where any person is convicted of an offence relating to any unlicensed activity under this Decree, that any fishing vessel (together with its fishing gear, equipment, stores and cargo) and any vehicle or aircraft used or involved in the commission of that offence be forfeited to the State. (2) Where any vessel, vehicle, aircraft or other items seized under thisDecree, or any bond, security or net proceeds of sale in respect thereof is not forfeited or applied in the discharge of any fine. order for costs or penalty imposed under this decree, it shall be made available for collection by the registered owner or his nominee Of, in the absence of such persons, the person who appears entitled to it, (3) Where any vessel. vehicle, aircraft or other item has been released upon the lodging of a bond or security an order for forfeiture shall, unless the court foe special reasons fixes a smaller sum, operate as an order for forfeitme of the bond or security. (4) Where any vessel, vehicle, aircraft or other items have been released upon the lodging ofa bond or security, the Courtmay order any convicted defendant and the owner of the vessel, vehicle, aircraft or other item concerned. whether or not be is a defendant, to pay the 46 1994 difference between the hood oe amount lodged in respect of the forfeited property and theaggrega&e value of tbe forfeited property. ~ 76. Anybond, security onletproceeds of sale held in respect ci bood, etc, ofany vessel. vehicleor airaaft or otbe1' item shall be applied as follows and in this order (a) thedischarge ofany forfeimre ordered under this Decree: (b) thepaymentofall finesor penalties for orteoces against this Decree a- penalties imposed under this Decree arising out of the use of or in connectioo with the vessel, vehicle, aircraft or other item; Removal ci xiz.ed goods. Disposal ci forfeited goods. (c) the dischargeofall ordersforcosts in proceedings under this Decree arising out of the use of a- in connectioo with the vessel, vehicle, aircraft or other item; and (d) return asprovided in this'Decree, 77. Where anyvessel. vehicle, aircraft orother item held or forfeited under this Decree has been unlawfully removed from the custody of the Government it is liable to seizure at any time within the jurisdiction of Sierra Leone. 78. (1) Any vessel, vehicle, aircraft or other item ordered to be forfeited under this Decree may, at the expiry of the time limited for appeal and if no appeal is lodged. be disposed of in such manner as the Director may decide. (2) Any vessel, vehicle, aircraft or other item seized under thisDecree but DOl fcrleited in any legalproceedingsmay be held by the Governmentuntil all fines, orders for costs and penalties imposed under this Decree have been paid and failingpayment within the time allowed be sold and the balanceof the proceeds retwned in accordance with this Decree after deduction of all fmes. orders for costs, penalties imposed under this Decree andcosts of sale. (3) The proceeds of sale of all forfeited items shall be deposited into theMCS Unit Fund. 79. The Government shall take or arrange for reasonable care of any item in its custody pursuant to this Decree, but shall not be liable to any person for any loss. damage to or deteri<ntion in the condition of any vessel, vehicle, aircraft or other item while in the custodyof the Government under this decree, subject to theprovisioos of this Decree. 80. Anyperson who removes any vessel, vehicle, aircraft or other item held under this Decree and which is in the custody of the Government commits an offence whether or not he knew the vessel, vehicle, aircraft or other item washeld in the custodyof theGovernment and is liableon conviction to a fine not exceeding three million leones or to a term of imprisonment not exceeding two years or to bulb. PART XI - JURlSDICI10N AND EVIDENCE 47 liability fex loa, damage ex deterioration ciitems in OJStody. 81. (I) Any act a omission in contravennon OI any of the Jurisdiction provisions of this Decree committed - d-&e Cwrt. (a) by any person within the fishery waters; (b) outside the fisbery waters by any Sierra Leone citizen or person ordinarily resident in Sierra Leone; or (c) by any person on boordany local fishing vessel; shall be dealt with and judicial proceedings taken as if such act or omission had taken place in Sierra Leone within the local limits of the jurisdiction of the High Court. (2) Where an authorised officer is exercising any powers conferred on him outside the fishery waters in accordance with. this Decree, any act or omission of any person in contraventionof any of the provisions of this Decree, shall be deemed to have been committed within the fishery waters; (3) Notwithstanding anyprovisionof theCriminalProcedure Act No. 32 of Act, an information or charge in respect of any offence against this 1965. Decree maybe laid at any timewithin one yearof thecommissionof the offence. 82. (1) Subject to subsection (4) theDirector may where be is compound satisfiedthat any person has committed any offenceagainst this Decree, wg of and wheresuchperson has in writingadmitted tohavingcommittedsuch offence. offence and expressed willingness that the offence be so dealt with, compound such offence by accepting on behalfof the Governmentfrom 48 No. 19 The Fisheries (MflIJflge~nl andDevelopmem) Decree 1994 Certificate evidence. suchpersona sumof moneynot less than the minimumpenalty specifted for each offence in addition to the fair market value of any fLSb caught illegally, and such sum shall forthwithbe paid into the MCS UnitFund. (2) In compoundinganyoffence, theDirectorshall rakeinto account any report which may be prepared by the Director of Public Prosecutions as to the details of the offence or offences for which the personor persons wouldotherwisebe chargedand theminimum penalty level for each offence. (3) In addition to the requirements of subsection (1), the Director shall require that any person who has committed an offence against this Decree in the past shall be liable to pay not less than the penalty in addition to 10% for each offence previouslycommitted. (4) On compounding an offence under thh section, the Directormay order the release of any article seized under this Decree or the proceeds of sale of such article on such conditions as he may determine, but shallnot order such release unlessall penalties havebeen paid in full. (5) Thecompoundingof an offence under this sectionshall be valid upon the paymentof such fine or penaltyas may be determined by theDirector,andnotifiedinwritinguponpayment,underthesignature of both parties, to the appropriateMagistrate Court. (6) TheDirector'sdecisiontocompoundan offenceshallbe nulland voidif the fullamountof thepenalty is notdeposited in theMCS UnitFund within thirtydays of such decision, and thematter shall revert to a court of competentjurisdiction. (7) In any proceedings brought against any person for an offenceagainst this Decree or any regulation made under this Decree, it shallbe a defence if suchperson proves that theoffencewith whichhe is charged bas been compoundedunder this section. (8) The Director may order that any fishing gear or other applianceusedforpoachingconnectedwith the vesselbe confiscated, but shall not impose a term of imprisonment in compoundingan offence. (9) Any person aggrieved by a decision of the Director under this sectionmay appeal to the High Court within thirtydays of the Director's decision, 83. TheDirectororany persondesignatedin writingbyhiln may give a certificate stating that No. 19 TIlt Fisheries (Management andDtvelopnwrll) Decree 1994 49 (a) a specified vessel was or was not 00" a specified date (I dates a local vessel or a foreign fishing vessel; (b) a specified vesselor personwasor was noton a specifieddateordates thebolderofanyspecified lirence. antbori.z.alionor certif«:ate ofregistration; (c) an appended docmnent is a true copy of the licence. authorizationorcertificateofregistration foraspecifiedvesselorpersonsandthat specified conr1itions were attachedto such document; (d) a parncuiar location or area of water was on a specified date or dales within the fishery waters, or within a closed. limited, restricted or in any other way controlled area of the fishery waters, oranareaofthefishery waterssubject tospecified conditions; (e) an appended chart shows the boundaries on a specified date or dates of the fishery waters, territorial sea. closed or limited areas or other areas or zones delineated for any specified purpose; (fJ a particularitemorpieceofequipment is fishing gear; (g) thecauseandmannerof death ofor injury toany fish; (h) an appendeddocument is a true copyofan access arrangement or an accessor relatedagreement: (i) a call sign.nameor nmnberis thatof or allotted under any system of naming or numbering of vessels to a particularvessel; 50 Cutif'icaa<: as totbe location of a vessel, lj) a particular posi lion Of' catclt report, a ropy of which is appended, was given in respect of a specified vessel. Validity ADd 84. (1) Unlessthecontrary is proved, a documentpurporting to procedure foc be a certificate given under section 83 shall be deemed to be such a certificate, certificate and to have been duly given. (2) Where a certificate issued under section 83 is served upona defendantsevenormoredaysbefore its productionin court in any proceedingsunderthisDecree, theeenificate shall,unlessthecontrary is proved, be sufficient evidence of all the facts averred in it. (3) Where acertifieate issued undersection 83 is served upon a defendant fourteen or more days before its production in court and the defendantdoesnot, within seven days of thedateof service, servenotice of objection inwriting upontheprosecutor, then thecertificate shall, unlessthe court finds thedefendant is unduly prejudiced by any fail-Ire to object, be conclusive proofof all the facts averred in it. (4) Where any objection is notified under subsection (3) the certificate shall, unless the contrary is proved, be sufficientevidenceof all the facts averted in it (5) Any certificate issued under section 83 shall be titled "Certificate made under section 83, Fisheries Management and DeveJopmentDecree" and no such certificate may be usedas conclusive proofof thefactsaverredthereinunless it is servedwith acopyofsections 83 and 84 of this Decree. (6) Any omission from or mistake made in any certificate issued under section 85 shall DOt render it invalid unless the Court considers such omission or mistake is material to any issue in the proceedings concerned, or the defendant is unduly prejudiced by it (7) Where in any proceedings a certificate made under section 83 is produced to the Court, the prosecution shallnot be obliged to call the makerof the certificateand the Courtshall, wherematerial,rely OIl the facts therein unless the contrary is proved. 85. (1) Wherein any proceedings under this Decree the place or area in whicha vessel is allegedto have been at a particulardate and time <X" during a particularperiodof timeis material to anoffencecharged then a place or area staled in a certificate given by an authorised officer or inspector shall be evidence, unlessme contrary is proved,of theplace or area in which thevessel wasat thedateand time or during the periodof time stated. (2) An autbOOsed officer sball in any certificate made in subsection (l) state (a) his name, address, official position, country of appointment and JW'OVisioo under which he is ~ted; (b) thename and, if known, call sign of the fishing vessel coocerned; (c) the dateandtimeor period of time the vessel was in the place or area; (d) theplace orareain which it is alleged the vessel was located; (e) the position fixing instruments used to ftx the place or area stated in paragraph (d) and their accuracy within specified llmits~ (j) a declaration that he checked the position fixing instruments a reasonable time before and after they were used to fIX the position and they appeared to be working correctly; and (g) if a position fixing instrument which is not judicially noticed as notoriously accurate or a designated machineis used,a declaration that he checked the instrmnent as soon as possible after the time concerned against such instrument, (3) Section 84 shall apply to a certificate given under this section as if it bad been a certificate given under section 83 and any reference therein to section 83 shall be read as a reference to this section. (4) For the purposes of this section "authorised officer" shall include surveillance officers and those charged with similar responsibilities in other countries. 51 86. (1) The Secretary of State may by notice in the Gazette Designated designate any machine or class of machines as a designated machine or """,bjnes. madlines. 52 (2) The readings ofdesignated machines shall be admissible as evidence of the facts they aver if (a) thcrea<bnilS were made by a comoctcnt opcrator; and (b) the macbine was cnedced for correct working a reasonable time before and after the readings it is sought to adduce in evidence were made and the machine appeared to be working correctly. (3) A designated machine, wbencbeckedforcorrectworlcing anti readby acompetent operator, shall, unless the contrary is proved, be presumed to give accurate readings within the manufacturer's specified limits. (4) The readings of designated machines may be made from a printout or as observed from a visual display unit. (5) The machines referred to in subsection (1) must be capable eitherwbolly or partially in themselves ofproducing the readings concerned and not merely be receivers of information or data Photographic 87. (1) Where a photograph is taken of any fishing or related evidence. activity and simultaneously the date and time and position from which the photograph is taken are superimposed upon the photograph then it shall be presumed unless the contrary is proved that the photograph was taken on the date, at the time and in the position so appearing. (2) The presumption set out in subsection (1) shall arise only if (a) the camera taking the photograph is connected directly to the instruments wbicb provide tile date, time and positon concerned; and (b) the instruments which provide the dare, time and positionare judiciallynoticedas being notoriously accurate or are designated machines or were checked as soon aspossible after the taking ofthe photograph against such instruments. (3) AllY authorised officer or inspector who takes a photograph of me kind described in subsection (1) may give a certificate appending we photograph stating No. 19 The Fisheries (Management andDevelopmera) Decree 1994 53 (a) his name, address, official position, country of appointment and provision under which he is appointed; (b) thename and call sign if known, of any fishing vessel appearing in the photograph; (c) the names of the camera, watch or clock or other instruments supplying the date and time and the positioo fixing instrument andadeclaratioo thathe chedred those instrumentsareasonable timebefore and after the taking of the photograph and, if necessary, in accordance with subsection (2) (b) and thatthey all appeared to be working correctly; (d) the matters set out in subsection (2) (a); (e) the accuracy ofthe fixing ins trument used within specified limits; if) themaximum possible distance and thedirection of the subject of the photograph away from the camera at the time the photograph was taken. (4) Section 84 shall apply to a certificate given under this section as if it had been a certificate given under section 83 and any reference therein to section 83 shall be read as a reference to this section. 88. (1) The Secretary of State may by notice in the Gazette Observer designate any device or machine or class of devices or machines as an devices, observer device. (2) "Observer device" means any device or machine placed on a fishing vessel in accordance with this Decree, as acondition of its licence or access agreement or related agreement, which transmits, whetherincoojunctioowithothermachineselsewhereornot,infonnation or data concerning the position and fishing activities of the vessel. (3) The information ordata concerning thevessel's position and fishing activities referred to in subsection (2) may be fed or input manually into the observer device or automatically from machines aboard the vessel or ascertained by the use of the observer device transmissions in conjunction with other machines. 54 Nb. 19 The F"ISMrUs (ManagtmellJand Development} Decree 1994 (4) Any machine (a) aboard avesselautanaticallyfeedingocinputting position fixing information or data into an observer-device sball be judicially recognisedas notoriously accurate ora designated machine; (b) used in conjunction with an observer device for the purpose of ascertaining or obtaining informatiooordata neednot be judiciallynoticed as notoriouslyaccurateora designatedmachine. (5) All information ocdata obtained ocascertained by the use of an observer device. shall be presumed, unless the contrary is proved, 00 (a) come from the vessel so identified; (b) be accurately relayed or transferred;and (c) begivenbytbemaster.owoerandchartererofthe. fishing vessel; and evidence may be given of information and data so obtained or ascertained whether from a printout or visual display unit (6) The presumption in subsection(5) shall apply whether or not the information was stored before or after any transmission or transfer. (7) Any person may give a certificatestating (a) his name, address and official position; (b) that he is competentto read the printoutor visual display unitof any machinecapableofobtaining or ascertaining infonnation from an observer device; (c) thedate andtime the informationwasobtainedor ascertained from the observer device and the details thereof; No. 19 The Fisheries (Management and Development) Decree 1994 55 (d) thename and call sign of the vessel 00 which the observer device is or was located as known to him or as ascertained from any official register. record or other document; and (e) a declaration that there appeared to be no malfunction in the observer device. its transmissions orothermachines uscdin obtaining cr ascertaining the information. (8) Section 84 shall apply to a certificate given under this section as if it had been a certificate given under section 83 and any reference therein to section 83 shall be read as a reference to this section. (9) Any person who intentionally or recklessly destroys. damages, renders inoperative or otherwise interferes with an observer device cr machine aboard a vessel which automatically feeds or inputs infonnatioo or data into an observer device, or who intentionally feeds ur inputs information or data into an observer device which is not officially requiredor is meaningless commits an offence and is liable on conviction toa fine ofnot less than three million leones orto imprisonment for a term not exceeding two years or to both. 89-. (1) All fish found on board any fishing vessel which has Presurnp been usedin the commission of any offence under this Decree shall be lions. presumed to have been caught in the commission of that offence, unless the contrary is proved. (2) Where. in any legal proceedings under this Decree, the place in which anevent is alleged to have taken place is in issue, the place stated in the relevant entry in the logbook or otherofficial record of any enforcement vessel or aircraftas being the place in which the eventtook place shall be presumed to be the place in which the event took place. unless the contrary is proved. (3) Prima facie evidence of an entry in a logbook or other otficial record ofanenforcement vessel oraircraft may be given by the production of a written copy or extract of the entry certified by an authorised officer as a true copy of accurate extract (4) Where in any legal proceedings relating to an offence UDder thisDecree (a) anauthorisedofficagives evidenceofreasonable 56 No. 19 The Fisheries (Management and Development) Decree 1994 Oousof proof, grounds \0 believe that any fish to which the charge relates were taken in a specified area of the fishery waters; (b) the Court considers that, having regard to that evidence the grounds arereasonable; the fish shall be presumed to have been so taken, unless the contrary is proved. (5) Where in any legal proceedings for an offence under this Decree (a) anauthurisedumCt:rgives~videllCt:ofreasonable grounds to believe that any fish to which me charge relates were taken by the use of drittnets; (b) the Court considers that, having regard to me evidence the grounds are reasonable; the fish shall be presumed to have been so taken, unless me contrary is proved. (6) Where any information is'given in respect of a fishing vessel under this Decree or an access arrangement or access agreement orrelated agreement in relation toanyfishing activityofa foreign fishing vessel. it shall be presumed to have been given by the master, owner and charterer of the vessel concerned, unless it is proved it was not given by anyoftbem. (7) Any entry in writingor otber mark inoron any log.chart orother document required to bemaintained under this Decree orused to record the activities ofa foreign fishing vessel shallbedeemed to be that of the master, owner and charterer of the vessel. 90. (l) Where, in any prtJceedingsunder this Decree, a persoo is charged with having wmmitted an offem;einvolving an act fvr which a licence, authorization or other permission is required. the ODDS sballbe on that person to prove that at the relevant time the requisite licence or authorization or other permission was held. (2) Where a person is charged with the cooll'avealion of section 21(1), t.be onus shall be on that person to prove tbalbia.CIIIIr)' loW the fishery waters was for a purpose recognised by inlemationallaw. No. 19 The Fisheries (Management and Development) Decree 1994 57 (3) Where a person is charged with the contravention of section 97,the onus shall be on that person to prove that the information given was true, complete and correct. 91. Any person who destroys or abandons any fish, fishing Destruction gear, net or other fishing appliance, electric shock device, explosive, of evidence. poison orother noxioussubstance,or anyother thing with intent toavoid their seizure or the detection of an offence against this Decree is guilty of an offence and is liableon conviction to a fine of not more than three millionleonesor thedollarequivalentthereotor toa termof imprisonment not exceeding two years or to both. PART XII - LEGAL PROCEEDINGS 92. (I) WbereanoffenceagainstthisDecree bas beencommmed by any personon boardoremployed on a fishing vessel, themasterof the vessel shall also be guilty of the offence (2) Where any offence against this Decree bas been conunitted by a company or by any member of a partnership, fum or business, every Director, Manager, Secretary or other officer of that Companydirectlyconnectedwith theactivityor any othermemberof the partnershipor other personconcerned with the managementof such fum or business shall be liable for such offence unless he proves to the satisfaction of the Court that (a) he used due diligence to secure compliancewith the Decree; and (b) such offence was committed without his knowledge, consent or connivance. Liability of master and officers of companies. 93. Eachdayofa continuingcontraventionofanyprovision Continuing of this Decree or of any applicable licence shall constitute a separate offence. offence. 94. (1) Whereapersonhas beenconvicted ofan offenceagainst Banning this Decree, the Court may in addition to any other penalty or forfeiture order. order thatfor a period notexceeding five years he be banned from going 00 or remaining aboard any fishing vessel in the fishery waters. (2) Any person who contravenes an order made under subsection (1) or the master of a fishing vessel who has abuanl a person heknows isbannedundecsubsection (l) commitsan offenceand is liable 58 No. 19 The Fisheries (Management and Development) Decree 1994 Fines and other pe<:uniary penalties. Civil proceedings, Information rrust be true, complete and correct, Wilful damage to fishing vessel. gear, etc, on conviction to a fine of not less than three million leones or in respect of a foreign fishing vessel the leone equivalent of one hundred thousand United States dollars or to a term of imprisonment not exceeding two years or to both. 95. (l) Where the amount ofa fine or other pecuniary penalty is shown in dollars in this Decree, it is to be paid in United States dollars. (2) An index for fmes shown in leones may be prescribed to account for currency fluctuations and any change from its real value on the date this Decree comes into force. 96. All pecuniary penalties not specifically designated and all forfeitures incurred under or imposed by this Decree, and the liability to forfeiture ofany article seized under the authority thereof, and all rents, charges, expenses and duties and all ower sums of money payable WIder this Decree may be sued for, determined, enforced and recovered by suit or other appropriate civil proceedings in a Magistrate's Court, which is bereby invested with the necessary jurisdiction for such purpose, in the name of the Director as the nominal plaintiff; and all such proceedings shall be deemed to be civil proceedings, andexceptasotherwise provided. the ordinary civil procedure ofSierra Leone shall apply. And the fact that a bond or other security bas been paid shall not be pleaded or made use of in answer to or in stay of any such proceedings. PART XIII - MISCELLANEOUS 97. (1) Any information required to be recorded, notified, communicated or reported pursuant to any requirement of this Decree shall be true, complete and correct (2) Any change of circumstances which bas the effect of rendering any such information false, incomplete or misleading shall be notified to the appropriate authority immediately. (3) Any person who contravenes this section commits an offence and is liable on conviction to a fine of not more than five million leones or to a term of imprisonment not exceeding two years or to both. 98. Any person who wilfully damages or destroys any fishing vessel, gear or other fishing appliance belonging to another person shall be guilty of an offence and is liable on conviction to a fine of not more than five million leones OT to a term of imprisonment not exceeding two years or to both. No. 19 The Ptsberies (Management aM Development) Decree 1994 59 99. (1) 1beDirectormay, after application in such formas may be prescribed, issue to any person a licence to operate a fIsh processing establishment upon payment of such fees and subject to suchconditions asmay from time to timebeprescribed. (2) The Director shall. in considering an application for a liceDce under this sectioo and any conditions to be attaebed, take into ICCOUIlt theresults of (a) consultations with adler affected Government departments; and ib) an evaluation of all relevant factors, including thoSe relating to tisberies, the environment, health and industry. (3) Any licence issued underthis section shall be subject to the following conditions (a) the establishment shall be maintained and operated in a safe, clean and sanitary manner; (b) aceuraae records shallbe mainl3iDed relating to me operation of the establishment, including recordsofquantityoffishreceivedandprocessed, and such records shallbeopenfel' inspection by authorised officers; (c) sudl returns coocerning the operations of the establishmentshallbemade to theDirectorasbe may require from time to time; (d) sudl od1ec conditions as may be prescribed or eo<krsed on the licence. (4) The Director may deny the appJicarim for. suspend Of' C8DCel aliceoce to opemte afishprocessing establishment in accordance with thisDecree and 00 auygrounds which maybeprescribed, (5) Any penonwoo openU.es. or beingthe ownerallows to beopera&ed. a5shpucessiJ18 establishment, exceptunderavalidlicence issued UDder ahis seaioo aDd pursuant to the cooditioos of that licence, Fuh processing establisb menu. 60 No. 19 The Fisheries (Managemeru and Development) Decree 1994 commits an offence and is liable on conviction to a fme of not more than five million leones or to imprisonment for a term not exceeding five years or to both. 100. (1) Any person who imports or exports fish or fish products for commercial purposes shall furnish the Director returns in respect of the species, quanti ty and value of the fish within one month ofsuch import or export, in such form and detail as the Director may require. (2) No person shall export fish or fish products from Sierra Leone without obtaining a FIsh Health Certificate from the Director, (3) The Fish Health Certificate shall be issued in such form and for such fee as may be prescrihed. (4) Any person who contravenes the provisions of this section commits an offence and is liable on conviction to a fine of not more tnan ten million leones or to a term of imprisonment not exceeding two years or to both. Traoshipmell(. 101. (1) No motorisedfishing vesselshallbe used rortransntpmem in the fishery waters without the supervision of an authorised officer or such other arrangement as may be approved in advance by the Director. Import and export of fish or fish products fIX commercial pul'pO€es. (2) The master, owner and charterer of a vessel used in contravention ofsubsection (1) commitsanoffence and sballon conviction be liable to a fine of not more than ten million leones in respect ofa local vessel and the leone equivalent of five hundred thousand United States dollars in respect ofa foreign vessel; in addition to the fine, all the fish and fish products on the vessel shall be confiscated. Seaworthi- 102. (1) All fishing vessels must be sound and seaworthy, and ness. any engine on a motorised fishing vessel shall be maintained in serviceable and good condition at all times. (2) All fishing vessels SI",]1 be subject to inspection ant survey by a surveyor at such intervals as may be prescribed. (3) The master, owner and charterer of a vessel whose seaworthiness does not comply with this section commits an offence and is liable 011 conviction to a fine ofnot more than two million leones or in relation to a foreign fishing vessel the leone equivalent of twenty thousand thousand United States dollars or to imprisonmentfora term not exceeding eighteen months or to both. No. 19 The Fisheries (Managemetu andDevelopment)Decree 1994 61 103. (1) Each canoe support vessel must be issued a licence by Operations the Directorin accordance with thisDecree. of canoe support (2) Eacll canoe fishing vesseloperanngwttnacanoesupport vessel, vessel shall carry on board a permit issued by the Director restricting it to service or deposit of its catch only to thesupport vesselwhose licence number sball also be written on such canoe support vessel's permit (3) Each canoe support vessel shall carry a maximum of twentycanoes for thepurpose of fishing and shall be licenced as such. (4) Each canoe operating with a canoe support vessel shall bear the same markings as the canoe support vessel with which it is operating. (5) The master, owner and charterer of any canoe support vesseloracanoeoperating withit whocontravenesanyof theprovisions of thissectioncommits an offence and is liableon conviction to a fine of not more than five hundred thousand leones in respect of a local fishing vesselaod$20,OOO fora foreignfishing vesselorimprisonmentfora term not exceeding eighteen months or to both. In addition to the nne, tile catch in all the canoes and the canoe support vessel shall be forfeited. 104. The Director, with tileapprovalof theSecretary of State, Research may in writing for the purposes of research or scientific investigation vessels, exempt any vessel or person from all or any of the provisions of this Decreeand, in making such exemption, impose such conditions as he may think fit, lOS. (1) For the purposes of this Decree, a local fishing vessel Local fishing shall mean any fishing vessel wholly owned and controlled by - vessels. (a) citizens of Sierra Leone; or (b) any company, association or bocy or persons corporate or incorporate established under the laws of Sierra Leone (i) in which more than half the members are citizens; or (ii) in the case of companies having a share capital in whichat leastfifty-onepercent of the shares are held by citizens; \lot does not include a vessel that meets the ownership requirements of 62 No. 19 1M Fisheries (Managemeru and Development) Decree 1994 paragraph (a) or (b), but which in fact is directly or indirectly owned or controlled inanyway whatsoeverbya non-citizen or isotherwisedeemed not to be a local fishing vessel under this Decree. (2) A fishing vessel shall be deemed to be directly or indirectly controlled by a non-citizen and therefore not a local fishing vessel, if (a) in the case of a vessel wholly owned by any company. association or body of persons, corporate or incorporate, established under the laws of Sierra Leone (i) less than fifty-one percent of the members are citizens of Sierra Leone. resident and domiciled in Sierra Leone; (ii) in the case of companies having a share capital, Jess than (ifty-ooe percent of the shares areheld by citizensofS ierraLeone, or the head office is not in Sierra Leone,or the dividend incane is not remitted to Sierra Leone,orthemanagerormanagers,dIairman of the board of directors or the supervisory board and the majaity of the members of suchboards are not citizens of Sierra Leone resident and domiciled in Sierra Leone; (b) less than forty-five percent of the crew, masters andofficersincluded,arecitizensofSierraLeooe, resident and domiciled in Sierra Leone. (3) A fishing vesselis deemed not to bea local fishingvessel if it is registered in a country other than Sierra Leone instead of or in addition to being registered in Sierra Leone. Fin~. 106. All fmes in this Decree are in United States dollars but may be paid in leones, except in respect of fines expressly set in respect of foreign fishing vessels which shall bepaid in United States dollars. PART XIV- REGULATIONS Rcgu)atiOIlll. 107. (1) The Secretary of State may make regulations not inconsistent with thisDecree for the implementation of its purposes and provisions and for its administration. No. 19 The Fisheries (Management and Development) Decree 1994 63 (2) Without prejudice to the generality of subsection (1), regulations made pursuant to this section may provide for all or any of the foUowing (a) measures for the conservation, management, development, licensingand regulation offisheries or any particular fishery, including a total allowable catch and quota systemas appropriate; (b) the licensing, authrozation or registration in respect of any vessel or class or category of vessels to be usedforfishing, relatedactivities or any other purpose pursuant to this Decree, including the form, issuance requirements, documencalioorequired, groundsfordenia1. terms and conditions and fees, charges, royalties and other forms of canpensation related to such licensing,auth<xization or registration; (c) me licensJDg, autbaization or registration in respect of anyfishermen or class of fishermen, fishing gearand otherequipmentordevices used roc fishing; (d] dieopera.tioo of,andconditionand proceduresto be observed by any fishing vessel while in the &bay waters; te) landing requirements for any vessel or class or category of vessels or licences; (fj the catching, loading, landing, handling, transhipping, transporting, possession and disposal of rl$, (g) the import. export, distribution and marketing of fish and fish products; (h) rewards to be paid to any person providing 64 No. 19 The Fisheries (MatUlgement andDevelopment) Decree 1994 information on the operations of foreign fishing vessels leading to a conviction of an offence againstthis Decree; (i) thelicensing, control anduse of fish aggregating devices and the rights to theaggregated fish, and prescribing times and the minimum distances from such devices any vessel may fish around; (j) standards and measures for the safely of local fishermen and fishing vessels; (k) regulating aquaculture and access to land leased for aquaculture and to the waters superjacent to such land; (l) the terms and conditions of the leases for aquaculture; (m) the provision of statistical and oilierinformation related to fisheries; (n) thecontrol, inspectionandconditionsofoperation of fish processing establishments: (0) the prevention of marine pollution; (p) the implementation of any access arrangement entered into pursuant to this Decree; (q) an index to calculate the amounts of any fines shown in Leonesin this Decree; (r) theprocedures to be followed forforeign capital invesunentandjointventureproposals infJsberies and the conditions to be fuUilled by any sucb investment; (s) standards for the accommodation and facilities No. 19 The Fisheries (Management and Development) Decree 1994 65 to be granted to inspectors and observers on board fishing vessels; (t) reportingrequirementsforforeignfishingvessels and requirements for the storage of fishing gear; (u) licensing vessels used for recreational purposes only; (v) offencesagainst theregulations andpenalties for such offences; and (w) any other matter which is required or authorised to beprescribed. PART XV - REPEALS AND SAVINGS 108. (1) The following enactments are repealed- Repeal and savings, (a) The Fisheries Management and Development Act No.4 of Act, 1988; 1988. (b) The Fisheries Management and Development Act :-<0. 9 of (Amendment) Act, 1990; 1990. (c) The Fisheries Management and Development Act No.7 of (Amendment) Act, 1992. 1992 (2) Notwithstanding the provisions of subsection (1) all regulations, orders, rules and noticesmade under the repeaJed enactments shall, unless rhey.are inconsistentwithany provision of thisDecreeor until they are expressly revoked or replaced by any regulation, order rule or notice made under this Decree, remain in force. MADE and ISSUED this 5th day of December, 1994 CAPTAIN VAL~ E.M. STRASSER Chairman, National Provisional Ruling Council. PRINrEo AND PuBUSHED BY TIlE GoVERNMENT PRlNnNG DEPARTMENT, SIERRA LEONE By AurnoRITY OF TIlE NATIONAL PROVISIONAL RUUNG COUNCIL. GAZElTE No. 58 OF 8TI1 DECEMBER, 1994.