Fisheries (Explosives Poisons and Water Pollution) Regulations, 1982 (G.N. 109 of 1982)

GOVEL"lMI.NT Ncnca No. 109 published on 17,9,82 THE FISHERIES ACT, 1970 (N •. 6 01' 1970) REGULATIONS Made under section 7 (g) (k) and (0) 11m FISnflUES (DCPLOSIVES. POISONS AND WATI:R POLLUTION) REGULATIONS, 1981 1. These Regulations may be cited as the Fisheries (Explosives, SIIon title Poisons and Water Pollution) Rcgu'ailons, 1932. and shall be deemed :~menc. to have come into operation on first <lay of September. 19112. ment 2. Regulations 26. 27 and 28 UDder the Fishcrles (Gencral) Regula- G.N.51 lions, 1973 are herebycancelled. 3. In these Regulations unless the context otherwise requ' res: - Mcrprelao "dynamited fish" means fish with the following characteristics; that is to liua say limp body which when pressed leaves depressed marks. rcptured b.ood vessels in the gills and eyes and disintcrgratcd elementary canal; and evidence on "dynamited Iish" when given by an officer in the Fisheries Division of a rank Dot less than Fishcr'cs Assistant, Grade 11. shall be accepted by any court of Jaw as true evidence without rurtllcr doubts; "uplosivc" means Il dynamite; 189 ,N. No. ,;fences ,d !1;'1Ifit:5 Jjll~t use Fisheries (Explosives, Poison and Waler Pollution) 1M icontd.) "poison" lIiC<lI1S natural or~ chem'cals used for fishing pur poses; "water po.lution" means man-made Or man-induced a.teration of chemical, physical, b'ological or radio'ogical intergrity of water. t.-(l) (a) Any person who possess, uses explosives or electrical ~cvk.e::l for the ~urpose of fishing shall be guilty of an offence and, liable to a fine of riot less than ten thousand shil.ings but not exceeding rifteen thousand shi'lings or imprisonment for a term not less than three years but not exceeding four years or both such fine and Impri sonrnent in the case of the first offence and a fine not less than twenty thousand shillings or imprisonment for a term not less than live years or to both such fine aliJ imprisonment for the second or subsequent offences. (b) A court convicnng a person of the offence under these Regula uots shall order forfeiture to the United Republic, o.f fi~h product, aquatic flora. product of a aquatic flora. vesselOil' other article or thing. (2) Any person who explodes, cuts through. breaks down or de stroys a coral reef using cxp'osives or electrical devices sha.l be guilty of an offence and liable on conviction to a fine of twenty thousand shi'Iings or imprisonment for a term of five years or to both such a line and imprisonment. " I .teuces ,I dallies .unst ssession t uses of .isons :Cll1,:CS .I 1~1ties lin"t ,lIulion (3) (a) Any fisherman i)f..fish dealer who possesses a dynamited fish either at sea, rm 'and. landing stations or beaches shall be guilty of an otlence and liable on conviction to a fmc of not Jess than too thou ~i.lnlJ shillings but 110t exceeding fifteen thousand shilsfngs or impri sonment for a term not 'ess thl"~ three years or to both such fine and imprisonment in tnc case of the first offence, and fine not less than twenty thousand shil ings Or imprisonment for a term not less than live years or for hoth SUI:al fine and imprisonment for the second or subsequent offences. I!N ~. <Fflurt convictin; a person of the offence under this Regula tionJo~rblture to the United Republic of such fish, fish product. aquatic llora, vehicle, vessels or other artclc or thing. 5. Any person who possesses or uses poison in the fishing activi ties sha.I be guilty of an offence and shall be liab'e on conviction (,) a fine not less dun five thousand shillings or tOA"mpFtseR for a pcrod of not less than nine months or to both such fine and imprison ment. 6.-(1) No person sha'l cause or knowingly permit to fto~ or ~s into water any solid, liq uid or gaseous matter to a concentration which : hall be injurious to any aquatic flora or fauna. (2) The Director of Fisheries shall maintain and establish a system of consultation and co-operatio, with appropriate officials of Ministry of Industries or any person or body of persons established by or 190 Kanuni za Uvuvi wa Banal, SUf1l11 na Uchajuri 1\'a Maii -------------------- --------G.N~-No. JO}(contJ') under any written law for the purpose of requiring any person or body persons who contravenes U}O provisions of this Regu'ation to clean the polluted water within a reasonable period at his own expenses. Dar es Salaam. ................ 1982 A. H. MWINYI. Minister for Natural Resources and Tourism 191