Fisheries (Amendment) Regulations, 2000 (G.N. 223 of 2000)

Citation G. N. No. 317 of 1989 Amendme• nt of regu lation 2 2 Amend ment of regulation 4 GOVERNMENT NOTICE No. 223 published on 2/6/2000 THE FISHERlES ACT, 1970 (No. 6 OF 1970) REGULATIONS Made under Section 7 THE FISHERIES (AMENDMENT) REGULATIONS, 2000 1. These Regulations may be cited as the Fisheries (Amendment) Regulations, 2000 and shall be read as one with the Fisheries Principal Regulations, 1989 (in these Regulations referred to as the 'principal regu lations') 2. Regulation 2 of the principal regulations is amended by adding in the appropriate alphabetical position the following new definitions. "estuary" means a stream, a river inlet rivulet, or water cause way flowing into the sea or major lake; "fish net or seine net locally known as Juya la Kojani or Kavogo" means a net with mesh sizes below 76 mm (3 inches) which are uniform from wing to code-end and while in use its foot rope drags through the fishing ground while the ends are being drawn together;" 3. Regulation 4 of the principal regulations is amended (a) by deleting the marginal notes and substituting for them the fol lowing marginal notes: "Authorized officer" (b) by deleting sub-regulation (1) and substituting for it the follow ing provisions; Act No. 6 "( 1) Every officer in the Fisheries Division of the rank of a ofl970 Director, Assistant Director, an officer of the rank above the Assistant Fisheries Officer grade IV, Fisheries Officer grade III, Fish Technologist grade IV, Skipper grade IV, Marine engineer grade IV or any other person appointed in writing by the Director of Fisheries, sha\l be an autho rized officer for the purpose of enforcing the provision of the Fisheries Act, 1970 and regulations made under it. (2) The Director of Fisheries may appoint in writing such num ber of persons from among the authorized officers, to be licensing authorities." (c) by renumbering subregulations (2) and (3) as (3) and (4) respec tively 4. Regulation 11 of the principal regulations is amended by adding immediately after subregulation (1) the following provisions: "(2) Any fishing vessel with an overall length of above 11.0 meters or 20 gross registered tonnage, shall be licensed after a written approval of the Director of Fisheries." (3) No person shall use for fishing or cause another person to use a fishing trawler whose overall lenght is below 11.0 meters or below 20 gross registered tonnage.". (b) by renumbering subregulations (2) to (7) as (4) to (9) respec tively. 5. Regulation 12 of the principal regulations is amended in subregulation (l) by adding a new paragraph (c) as follows: "(c) at least two life rings and one life jacket for each crew". 6. Regulation 17 of the principal regulations is amended in subregulation (1) by adding a new provisions immediately after para graph (b) as follows: "( c) a trawling I icence for prawns or fin fish, unless previously cancelled shall remain in force until the 30th of Novem ber, next following the date of issue; ( d) fisherman or a fishing company licensed to deploy a trawler to fish prawns or fin fish shall commence fishing opera tions at 0600 hours and may engage in fishing until I 1800 hours local time after which the trawler shall remain an chored until the next 0600 hours at dawn." Amend ment of regulation II Amend ment of regulation 12 Amend ment of regulatidn 17 Amend ment of regulation 18 7. Regulation 18 of the principal regulations is amended in subregulation (2) ( a) by adding immediately after paragraph (d) the following provi sions: "(e) requiring any licensee to submit to the Director of Fisher ies or any other licensing authority samples of fishery prod ucts for laboratory analysis before marketing;" (b) by renumbering paragraphs "(e)" and "(f)" as paragraphs "(f)" and "(g)" respectively. Amend- 8. Regulation 19 of the principal regulations is amended by adding ment of immediately after sub-regulation (2) the following new provisions: regulation 19 "(3) A licensing Authority may suspend a license of any person who fai Is to comply with the provisions of paragraphs ( 1) and (2) unti 1 the required data has been duly submitted. ( 4) Where the licensing Authority is a person other than a Director of Fisheries, he shall report the suspension to the Director as soon as practicable and the Director may confirm, vary or reverse the suspen sion made." Amend - 9. Regulation 26 of the principal regulations is amended by delet ment of ing the whole of that provisions and substituting for it the following regulation 26 provisions Prohibi tion ofuse of poison Amend ment of regulation 4 26.-{1) No person shall (a) use poison to kill or catch fish; (b) posses fish killed by poison. (2) Any person who contravenes this regulation commits an offence. (3) A proof that fish has been killed by poison shall be made before a court of law by an authorized officer after per forming a rapid field and laboratory tests approved in writ ing, from time to time, by the ChiefGover:nment Chemist or any other authorized agency.". 10. Regulation 28 ofthe principal regulations is amended- Amend ment of d ~~ (a) by a ding immediately after subregulation (3) the following pro- 28 vision: "( 4) No person shall use a seine net or trawl net in an area which is 500 meters on each side of an estuary and extending seawards to distance of 1000 meters measured from the low est tidal level equidstant from the main channel and when regressed, to a point on the 500 meter outwards. (b) by renumbering sub-regulation ( 4) as (5) and adding immediately after sub-regulation (5) as renumbered the following provision: "(6) No person shall manufacture, import or sell a beach seine net at home, beach, shop, factory or at any other place. (7) Where a fishing vessel or fishing gear or fishery product is abandoned, and the authorized officer believes that any person is liable to be investigated, searched or arrested in connection with a commission of an offence under the Act, or that, that per son has absconded to any place within or outside the United Re public, or has concealed himself so that he cannot be searched arrested or otherwise investigated the authorised officer may cause investigation measures to be taken in relation to the area or pre mises and property previously in possession, occcupation or un der control of the suspect. (8) Where upon completion of measures taken pursuant to subregulation (6) it is found that an offence has been committed, the authorized officer shall, by notice published in the Gazette, notify the public his intention to apply to a court of law for an order in relation to the property or goods involved in the commis sion of a crime. (9) Upon expiry of twenty one days from the date of publi cation of notice under subregulation (7), the authorised officer may make an application in accordance with subregulation (7). ( 10) Upon receipt of an application made pursuant to this regu, lation, the court shall make such an order as the Court shall deem proper or just.". Amend- 11. The Third Schedule to the principal regulation is hereby revoked ment of and replaced by the following new Third Schedule r h i r d schedule "THIRD SCHEDULE Reg. 6(6), 7(6) and 13 PART: Fishing Vessel registration and transfer fees: (a) Fishing vessel registrationand transfer fee shall be charged according to the mode of operation, ownership, whether the applicant has invested in approved shore based fish processing establishment or not; (b) Transfer fee for any type of fishing vessel shall be charged at the same rate as the registration fee; (c) Owners of Tanzania Vessels shall pay fees in equivalent Tanzania Shillings and owners of foreign vessels shall pay licence fees in US$. Fees for registration or transfer of various categories of fishing vessels are as follows: Vessel description Tanzanian Tanzanian Foreign Vessel Foreign Jtessel Vessel Vessel (i) (ii) (I) (ii) l. Trawler below 11.0 prohibited prohibited prohibited prohibited m. long or below 20grt 2. Trawler between 68.16 l00.80 4,000.00 48,000.00 l l.l or 20grt to 150grt 3. Trawler above l 50 prohibited prohibited prohibited prohibited grt 4. Vessel for fishing 1.68 1.68 prohibited prohibited for fin fish up to 1 l. 0 meters long "TIIIRD SCHEDULE-(contd.) Kissel Description Tanzania Tanzania Foreign Vessel Foreign Vessel Vessel Vessel (i) (ii) (i) (ii) 5. Vessel for fishing 4.80 4.80 600.00 1,200.00 for fin fish 11.1 15.0 meters long 6. Vessel for fishing 9.60 12.00 840.00 2,400.00 for fin fish between 15.1 - 20.0 meters long 7. Vessel for fishing 33.60 48.00 1,200.00 12,000.00 for fin fish between 20.1 - 150 grt 8. Vessel for fishing 48.00 120.00 2,400.00 14,400.00 for fin fish between 150.1 to 200 grt 9. Vessel for fishing 120.00 180.00 3000.00 16,800.00 for fin fish between 200. l to 2SOgrt 10. Vessel for fishing 180.00 240.00 3600.00 19,200 fin fi.sh between 250. l - 300 grt 11. Vessel for fishing 240.00 298.00 4800.00 21,600.00 for fin fish above 300.lgrt 12. Sport fishing vessel 6.72 6.72 120.00 120.00 Note: (i) individual/company with approved shore based fish processing estab lishment. (ii) individual/company without approved shore based fish processing es tablishment. Form4 PART B: Fishing Vessel License: Fees for fishing vessel license (Form 4) shall be charged according to the gross reg istered tonnage of the vessel, ownership and of investment in terms of shore based fish processing establishment approved according to the Fisheries policy. An owner of Tan zanian vessel shall pay license fees in equivalent Tani.anian shilings. Owner of a foreign vessel shall pay license fees in United States dollars. "THIRD SCHEDULE-(contd.) Vessel Description Tanzania Tanzania Foreign Vessel Foreign Vessel Vessel Vessel (i) {ii) {i) (ii) I. Trawler up to prohibited prohibited prohibited prohibited I I.Om or below 20grt *2. Vessel for fishing 1:20 1.20 prohibited prohibited for fin fish up to I I.Om or below 20grt *3. Vessel for fin fish 2.40 2.40 prohibited prohibited between 11.1-15.0 *4. Vessel between 3.00 4.80 prohibited prohibited I 5.1 - 20.0 meters 5. Trawler/. vessel for 2.40 4.80 22.56 54.00 fin fish between 20. l - 50.0grt 6. Trawler/vessel 3.60 6.00 30.00 72.00 between 50.1 100.0grt 7. Trawler/vessel 4.80 9.00 37.56 90.00 between JOO.I 150grt 8. Vessel for fin fish 6.00 10.80 45.00 108.00 between 150. l 200.0grt 9. Vessel for fin fish 7.20 12.60 52.56 126.00 between 200.1 250grt 10. Vessel for fin fish 8.40 16.20 60.00 144.00 between 250.1 300.00grt 11. Vessel for fin fish 9.60 18.00 60.36 162.00 above 300. lgrt • 12. Vessel for sport 24.00 24.00 24.00 24.00 fishing *Rate per Vessel "TIURD SCHEDULE-(cont<LJ PART C: Fishing licenses: Crustacean: Vessel description Tanzanian vessel Foreign vessel (i) rate @grt (ii) rate @ grt (i) rate @ grt (ii) rate @ grt l. Trawler up to Prohibited Prohibited Prohibited Prohibited I I .Om or below 20grt 2. Trawler between 2.40 4.80 22.5 54.00 20.1-50 3. Trawler between 3.6 6.00 30.00 72.00 50.1.-IOOgrt 4. Trawler between 4.8 9.00 37.56 90.00 100. l-150grt 5. Trawler between 6.00 10.80 45.00 108.00 1S0.l-200grt Fin Fish Vessel description Tanzania Foreign Foreign Foreign Vessel Vessel Vessel Vessel (i) (ii) (i) (ii) I. Vessel upto 1.80 1.80 Prohibited Prohibited I I .Om or below 20grt 2. Vessel between 6.00 6.00 Prohibited Prohibited I I.I. - 15.0 meters 3. Vessel between 12.00 12.00 Prohibited Prohibited 15.1 - 20.0 meter 4. Vessel between l.20@grt I.20@grt 11.28@grt 27.00@grt 20.1 - 50grt s. Vessel between l.80@grt 3.00@grt 15.00@grt 36.00@grt 50.1-IOOgrt 6. Vessel between 2.40@grt 4.SO@grt i8.78@grt 4S.OO@grt 100.1 - ISOgrt 7. Vessel between 3,00@grt S.40@grt 22.50@grt 54.00@grt l 50. l - 200grt "THIRD SCHEDULE-(contd.J Vessel Description Tanzania Vessel Foreign Vessel (i) rate @ grt (ii) rate @ grt (i) rate @ grt (ii) rate @grt 8. Vessel between 3.60@grt 6.30@grt 26.28@grt 63.00~grt 200. l - 250grt 9. Vessel between 4.0@grt 8.I0@grt 30.00@grt 72.00@grt 250.1 ~300grt 10. Vessel between 4.8@grt 9.00@grt 30.18@grt 81.00@grt 300.1 - 350grt l I. Vessel between 5.2@grt 9.6@grt 37.70@grt 90.00@grt 350.1-400grt 12. Ve~elabove 6.0@grt 11.7@grt 4l.28@grt 99.00@grt 400grt Sport fishing: (fee payable in equivalent (T.shs) (a) (b) (c) For seven days For 'fourteen days for one year US dollars 6.00 US dollars 12.00 US dollars 60.00 Fee for collecting. fishing or dealing in fishery products specified below shall be as follows: Fishery products Tanzania citi-zen Non-citizen (i) (ii) (i) (ii) I. Aquarium fish 12.60 18.96 504.00 prohibited 2. Sea shells 5.04 7.56 504,00 prohibited 3. Bechedemer 3.12 4.68 504.00 prohibited 4. Seaweeds 3.12 4.68 504.00 prohibited 5. Shark fins/jaws 3.12 4.68 504.00 prohibited 6. Cephalopods 5.04 4.6S 504.00 prohibited 7. Prawns/lobsters/ 5.04 7.56 504.00 prohibited crabs 8. Fish maws 3.12 4.68 504.00 prohibited 9. Fish offal 3.12 4.68 504.00 prohibited IO. Fish skins 3.12 4.68 504.00 prohibited 11. Others 3.36 4.56 504.00 prohibited Note: (i) individual/company with approved shore based fish processing estab lishment. "THIRD SCHEDULE-(contd.J (ii) individual/company without approved shore based fish processing es tablishment. Fees for export licenses Product Citizen Non citizen (i) (ii) (i) (ii) I. Aquarium fish 43.80 47.04 504.00 Prohibited 2. Bechede mer 21.48 23.52 504.00 Prohibited 3. Sea shells 37.80 41.64 504.00 Prohibited 4. Prawn/lobsters/ 37.80 41.64 504.00 Prohibited crabs 5. Sea weeds 21.48 23.52 504.00 Prohibited 6. Shark fins/shark 21.48 23.52 504.00 Prohibited jaws 7. Cephalopods 37.80 41.64 504.00 Prohibited 8. Dry fish 37.80 41.64 504.00 Prohibited 9. Fish fillets 37.80 41.64 504.00 Prohibited 10. Head-on& 75.60 83.16 504.00 Prohibited gutted Nile perch 11. Fish maws 21.48 23.52 504.00 Prohibited 12. Fish offals 21.48 23.52 504.00 Prohibited 13. Products not 35.28 38.76 504.00 Prohibited specified above Export royalty Export royalty shall be charged according to kilogram weight and grade of the products specified below except for sea shells and aquarium fish which shall be charged according to FOB value Product Prawns headless (tails) Grade Frozen at sea 1-15 0.89 16-25 0.84 26-40 0.72 41-60 0.66 61-80 0.48 81-100 0.36 101-150 0.32 15.1-200 0.26 above 201 0.19 Frozen at shore Based establishment 0.86 0.81 0.69 0.63 0.45 0.33 0.29 0.23 0.16 "THIRD SCHEDULE-(contd.) Product Grade Frozen at Sea Frozen at shore based Establishment Prawns -Head-on 1-10 0.82 0.79 11-15 0.71 0.69 16-24 0.67 0.64 25-36 0.65 0.63 37-48 0.47 0.45 49-60 0.33 0.30 61-90 over 0.27 0.24 0.24 0.21 Products Grade/type Royalty@kg Lobsters: (i) Live Live 0.90 (ii) Whole frozen Whole frozen 0.42 (iii) Tails 1-4cm 0.48 4-6cm 0.54 6-8cm 0.57 8-l0cm 0.63 10-12cm 0.75 12-14cm 0.84 above 14cm 0.90 2. Caridean prawns 0.11 6. calamari/prawn khebab 0.30 7. Crabs Live 0.60 8. Crabs Frozen.chilled 0.30 0.30 Cephalopods/ gastropods Frozen/chilled (i) octopus O.\S (ii) Squids 0.18 (iii) shell meat 0.06 Beche de mer 10-20 pc/kg 1.20 21-30 pc/g 1.08 31 & above 0.90 Shark fins Below 10cm 0.66 Products Sea weeds Freshwater fishery products (i) Fillets (ii) Dry Nile Perch (iii) Fish maws (iv) Fish maws (v) Belly flaps (vi) Off cuts (vii) Fish meal (viii)Fish frames (ix) Dagaa (x) Dagaa (xi) Aqu1;1rium fish (xii) Sea shells Dar es Salaam, 26th May, 2000 "THIRD SCHEDULE-{contd.) Grade/Type Royalty@ Kg. 10-20cm 1.08 20-30cm 1.20 30-40:0cm 1.50 above 40. I cm 1.80 Euchemassp 0.024 Gracillaria spp 0.030 Gigartana/others 0.051 Fresh/chilled/frozen 0.15 Dry 0.18 Dry 036 fresh 0.18 Fresh/chilled 0.Q7S Fresh/chilled 0.Q7S Dry 0.012 0.009 L. Victoria 0.042 L. Tanganyika 0.072 Fresh water./sea water 6%-advalorem All types 6% advalorem ZAKIA H. MEGHJI, Minister of Natural Resources and Tourism