Fisheries Act
PART I – PRELIMINARY
PART
II – MANAGEMENT OF FISHERIES AND MARINE RESOURCES
PART
III – FISH FARMING
PART
IV – RESTRICTION OF FISHING ACTIVITIES
PART
V – RESTRICTION ON IMPORT AND EXPORT
PART
VI – LICENSING SUB-PART A - NETS AND IMPLEMENTS
PART
VII – OBLIGATIONS RELATING TO BOATS
AND VESSELS
PART
VIII – ENFORCEMENT
PART
IX
– PENALTIES
PART
X - MISCELLANEOUS LEGAL
SUPPLEMENT
To the Government Gazette of Mauritius No. 132 of 24 December
1998
THE FISHERIES AND MARINE RESOURCES ACT 1998
Act No. 22 of
1998
I
assent
24th December 1998
C.UTEEM
President of the Republic
ARRANGEMENT OF
SECTIONS
Section
PART I –
PRELIMINARY
1. Short
title
2. Interpretation
PART
II – MANAGEMENT OF FISHERIES AND MARINE RESOURCES
3. Consultative Committees
4. Production of information
5. Registration of fishermen
6. Protection of the aquatic ecosystem
7.
Marine protected areas
8. Marine Protected Area Fund
9. Conservation measures
PART
III – FISH FARMING
10. Fish farming
11. Registration of fish farm
12. Exemptions
13. Fishing in fish farms
14. Management of barachois
15. Disease outbreak
PART
IV – RESTRICTION OF FISHING ACTIVITIES
16. Prohibited fishing methods
17. Prohibition of underwater fishing
18. Close periods
19. Protection of fish
20. Restriction on landing and sale of
fish
21. Fishing with the aid of artificial
light
22. Fishing in pass
23. Fish landing station
24. Origin and sale of fish PART V –
RESTRICTION ON IMPORT AND EXPORT
25. Restriction on importation of fish
and fish products
26. Import of live fish
27. Export of fish and fish
products
28.
Restriction on importation and
manufacture of implement
29. Import of fishing vessel PART VI –
LICENSING SUB-PART A - NETS AND IMPLEMENTS
30. Licences
31. Application for
licence
32. Limitation on number of licences
33. Licence not transferable
34. Possession of unauthorised or prohibited
implements
35. Duties of licensee of a net
36. Disposal of licensed
nets SUB-PART B - BOAT AND
VESSEL
37. Licence issued to foreign vessel engaged in commercial
fishing
38. Licence and international
agreement
39.
Licence issued to a Mauritian vessel
or boat
40.
Conditions of
licences
41.
Validity
PART VII – OBLIGATIONS RELATING TO
BOATS AND VESSELS
42.
Registratin of
boats
43.
Identification of fishing
boats
44. Stowage
45. Landing
46.
Inspection of
vessel
47.
Trans-shipment
48.
Departure of Mauritian fishing
vessels
49.
Arrival of Mauritian fishing vessels
or boats
50.
Register of fishing vessels and
Boats
PART VIII –
ENFORCEMENT
51.
Warrant to enter and
search
52.
Liability of owners of implements
used in commission of offences
53.
Power of search and
seizure
54.
Power to arrest and
detain
55. Seizure of fish
56.
Duty of
officer
57.
Pursuit beyond Mauritius
waters
58.
Custody and disposal of seized
articles
59.
Disposal of
fish
60.
Application of the Public Officers
Protection Act
61. Suspension and
cancellation
PART IX –
PENALTIES
62.
Offences and
penalties
63.
Forfeiture
64. Penalty for an offence under section
37
65. Penalty for an offence under section
39
66. Higher penalty for breach of section
20
67.
Penalty for breach of section
44
68.
Breach of management measures outside
territorial waters
69.
Offence committed under subsection 16
(1) outside territorial waters
70. Possession of fish caught outside territorial
waters
71.
Giving false information
PART X -
MISCELLANEOUS
72. Jurisdiction
73. Regulations
74.
Transitional
provisions
75.
Repeal
76.
Commencement AN
ACT
To provide for the
management, conservation, protection of fisheries and marine resources, and
protection of the marine ecosystems
ENACTED by the
Parliament of Mauritius, as follows -
PART I -
PRELIMINARY
This Act may be
cited as the Fisheries and Marine Resources Act 1998.
In this Act
-
"accessory" means
any equipment used on a boat or vessel;
"agent" means a
person in Mauritius who is -
(a) appointed by an
owner or operator of a vessel operating under a licence issued under this Act;
and
(b) authorised to
receive, and capable of responding to, any legal process issued in Mauritius
against his principal;
"bait gear" means a
gear used for catching fish to be used as bait on such terms and conditions as
the Permanent Secretary may approve and bearing an approved identification
mark;
“barachois" means a
pond -
(a) within or
adjacent to the sea, and
(b) enclosed by a
weir or dam through which the sea flows and reflows;
"boat" means a raft
or watercraft not exceeding 20 metres in length overall used, intended to be
used and capable of being used for fishing;
" canard net"
means a net -
(a) which is used in
conjunction with a large net for catching mullets; and
(b) which does not
exceed 100 metres in length and
5 metres in width; and
(c) which is made by
several layers of nets fitted with poles to maintain the whole net afloat on the
surface of the water; and
(d) the meshes of
any of the layers of which measure not less than 9 centimetres when stretched
diagonally;
"carlet net" means a
net -
(a) in the shape of
a bag with meshes of any size; and
(b) the mouth of
which is kept open by a hoop not more than
one metre in
diameter;
“continental shelf”
means the continental shelf of Mauritius;
"explosive" has the
same meaning as in the Explosives Act;
"fish" means
-
(a) an aquatic
organism, other than a bird; or
(b) a shell or a
coral;
"fish aggregating
device" means -
(a) a device placed
in water to attract fish; or
(b) an object which
floats naturally and to which a device has been placed to facilitate its
location;
"fish product" means
-
(a) an aquatic
organism or part of an aquatic organism; or
(b) any fresh,
prepared, processed or frozen fish products;
"fish farm" means a
pond, tank, barachois, a fish hatchery or any other place -
(a) where fish
farming or fish culture is carried out; and
(b) which has been
approved as such under section 10;
"fishing"
-
(a) means
-
(i)
catching;
(ii)
collecting;
(iii) killing;
or
(iv)
destroying,
a fish by any
method; and
(b) includes
-
(i) searching for
fish for the purpose of catching, killing or destroying the
fish;
(ii) placing,
searching for or retrieving a fish aggregating device;
"fish landing
station" means an area so prescribed under section 23 (1);
“ foreign
boat” means a boat which -
(a) is engaged in
fishing; and
(b) has not been
registered under section 42;
“foreign vessel”
means a vessel other than a Mauritian vessel;
"gear" means a net,
a line, a hook, a lure, or a device used for fishing;
"gill net" means a
net which -
(a) is set for
catching fish;
(b) does not exceed
250 metres in length and 2.5 metres in width; and
(c) is made up of
square meshes measuring not less than
11 centimetres when stretched
diagonally;
"identification
mark" means a mark assigned to a net or fishing boat or gear by the Permanent
Secretary;
"implement" means a
device used or intended to be used for fishing;
“landing net” means
a net in the form of a bag having -
(a) meshes of any
size;
(b) a hoop measuring
not more than 50 centimetres in diameter and fitted with a
handle;
"large net" means a
net which -
(a) does not exceed
500 metres in length and 2.5 metres in width; and
(b) is made up of
square meshes measuring not less than
9 centimetres when stretched
diagonally;
"Mauritian vessel"
means a vessel which is wholly owned by -
(a) the State of
Mauritius; or
(b) a statutory
corporation in Mauritius;
(c) one or more
persons who are citizens of Mauritius;
(d) a company,
society or other association -
(i) incorporated or
established under the laws of Mauritius; and
(ii) of which at
least 50 percent of the shares carrying voting rights are held by the State of
Mauritius, a statutory corporation or a citizen of Mauritius;
" Mauritius
waters" includes -
(a) the territorial
waters;
(b) the exclusive
economic zone; and
(c) areas where
Mauritius has traditional or historic rights as may be determined under the
Maritime Zones Act;
"Minister" means the
Minister to whom the subject of fisheries and marine resources is
assigned;
"net" means a net
which is used or intended to be used for fishing;
"officer" means
-
(a) a Fisheries
Officer;
(b) a Police
Officer;
(c) a National Coast
Guard Officer;
(d) a Customs
Officer;
(e) a Forest
Officer;
(f) a Health
Inspector;
(g) a Veterinary
Officer;
(h) an Enforcement
Officer of the Ministry of Industry and Commerce; or
(i) a person
appointed by the Permanent Secretary;
"operator" means
-
(a) the master or
other individual on board a vessel who is in charge of that vessel;
or
(b) the person in
charge of a boat;
"ornamental fish"
means live fish kept in an aquarium, a tank, pond or a container for decorative
or display purposes and not intended for release;
" owner" in relation to a
vessel -
(a) means a person
who owns the vessel; and
(b) includes
-
(i) a charterer,
whether bareboat, time or voyage; and
(ii) a person who
acts in the capacity of a charterer;
(iii) a party upon
whom control over the destination, function or operation of the vessel is
conferred under a management agreement or a similar
agreement;
"pass" means a
passage through the reefs and includes the entrance to any harbour, bay or
creek;
"pocket net" means a
net -
(a) not exceeding 15
metres in length and 12 metres in width;
(b) with 2 arms not
exceeding 10 metres each;
(c) which is made up
of square meshes measuring not less than 9 centimetres when stretched
diagonally; and
(d) which is used in
conjunction with a large net;
"poisonous
substance" means any substance likely to kill, stun or injure any fish or damage
or pollute aquatic ecosystems;
"related activity"
in relation to fishing, means the operation of a mother ship or vessel in
conjunction with fishing operations in order to -
(a) receive, handle,
process, store or transport catches; or
(b) refuel or supply
fishing vessels; or
(c) support fishing
operations;
"sell" includes
-
(a)
hawk;
(b) expose for
sale;
(c) keep for
sale;
(d) offer for sale;
and
(e) convey or
consign for the purpose of sale;
“shrimp net” means a
net in the form of a bag not exceeding 2 square metres which
-
(a) is used for
catching shrimps; and
(b) is fitted with a
hoop measuring not more than 50 centimetres diametrically or diagonally;
or
(c) is mounted on 2
handles and fitted with weights;
“territorial waters”
means the territorial waters of Mauritius as defined in the Maritime Zones
Act;
“toxic fish” means a
fish listed in the Schedule;
"undersized fish"
means a fish the size of which is less than the size prescribed for that species
of fish;
"underwater fishing"
means fishing by diving or with the use of a snorkel, flippers, goggles or
similar equipment;
“vessel” means a
vessel used for fishing other than a boat;
"wetland"
-
(a) means an area of
marsh whether -
(i) natural or
artificial; or
(ii) permanently or
temporarily with water which is static or flowing, brackish, or salty;
and
(b) includes areas
of marine water.
3. Consultative Committees(1) The Minister may
set up such Consultative Committees as he thinks fit -
(a) for discussions
and advice on matters of general policy relating to fisheries and marine
resources;
(b) for inquiring
into matters relating to fisheries and marine resources.
(2) A Consultative
Committee shall consist of -
(a) the Minister,
who shall be the Chairperson;
(b) such other
person as the Minister may appoint.
(3) Where the
Minister is unable to attend a meeting of the Consultative Committee, he shall
designate a member to chair the meeting.
(4) The Chairperson
of a Consultative Committee may co-opt at a meeting any person who, in his
opinion, may assist the Committee on the subject under deliberation at that
meeting.
(5) No member of the
Consultative Committee, other than the representative of a Ministry, shall be
deemed to hold a public office by virtue only of his appointment as
member.
(6) A member of the
Consultative Committee shall be appointed by the Minister on such terms and
conditions as he may determine.
4. Production of
information (1) The operator of
-
(a) a boat measuring
more than 10 metres in length; or
(b) a vessel,
shall keep a record
in such form as may be approved by the Permanent Secretary.
(2) An officer
may require the operator of a boat or vessel to produce such information as he
may require for the purposes of this Act.
(3) Where an
operator is required to produce any information under subsection (2), the
operator shall submit the information to the officer in an approved
form.
(4) Where the
operator of a foreign vessel is required to submit information under subsection
(2) and that information is not readily available, the operator shall submit an
undertaking on an approved form to that effect.
(5) Where an
undertaking has been given under
subsection (4), the officer shall forward
the undertaking to the agent.
(6) The agent shall,
within 15 days of receipt of the undertaking, submit the information to the
Permanent Secretary on an approved form.
(7) An officer who
receives any information under this Act shall not use or disclose those
information except for the purposes of this Act.
(8) The Minister may
by regulations exempt the operator of a boat of a length of less than 10 metres
from the provision of this section.
(9) Any person who
contravenes subsection (1) shall commit an offence.
5. Registration of
fishermen (1) Every fisherman
shall be registered with the Permanent Secretary.
(2) A fisherman
wishing to register himself under subsection (1) shall make an application to
the Permanent Secretary in such form as may be approved.
(3) Where an
application is made under subsection (2), the Permanent Secretary may register
the fisherman subject to such terms and conditions as he may
determine.
(4) The Permanent
Secretary shall issue to a fisherman registered under this section
-
(a) a Fisherman
Registration Card;
(b) a Fisherman
Continuous Record Book;
(c) a Trainee Fisherman Continuous Record Book;
or
(d) such other
document as the Permanent Secretary deems fit.
6. Protection of the
aquatic ecosystem (1) No person shall
place, throw, discharge or cause to be placed, thrown or discharged into
Mauritius waters or into a river, lake, pond, canal, stream or tributary any
poisonous substance.
(2) No person shall
cut, remove, damage or exploit a mangrove plant or part of a mangrove plant
except with the written approval of the Permanent Secretary.
(3) No person shall
place, construct or cause to place any structure within Mauritius waters except
with the written authorisation of the Permanent Secretary.
(4) Any person who
contravenes subsection (1), (2) or (3) shall commit an
offence.
7. Marine protected
areas (1) Notwithstanding
the Wildlife and National Parks Act 1993, the Minister may by Proclamation
declare -
(a) an area of
Mauritius waters including the seabed underlying such waters;
(b) any land
associated with Mauritius waters; or
(c) any
wetland,
to be a Marine
Protected Area.
(2) A Marine
Protected Area may be designated as -
(a) a Fishing
Reserve;
(b) a Marine Park;
or
(c) a Marine
Reserve.
(3) The Minister
may, by regulations, prescribe measures for the protection, conservation and
management of a Marine Protected Area, including -
(a) the prohibition
of certain activities;
(b) the carrying out
of certain activities subject to certain conditions.
8. Marine Protected
Area Fund (1) There is
established for the purposes of this Act a Marine Protected Area
Fund.
(2) The Permanent
Secretary shall be responsible for the management of the
Fund.
(3) The Fund shall
consist of -
(a) such sums of
money as may be appropriated by the National Assembly for any of the purposes of
this Act;
(b) any grant or
donation made to the Fund;
(c) the proceeds of
sale of any produce;
(d) any money that
is payable under this Act including all fees, rent and other charges arising
from the authorised use of the marine parks and reserves.
(e) any fee payable
in respect of the use of marine resources other than fishing.
(4) The assets of
the fund shall be applied towards the payment of expenses which may be incurred
in the management of a Marine Protected Area.
(1) The Minister may
by regulations prescribe measures for the protection, conservation and
management of fisheries and marine resources including -
(a) the prohibition
of fishing by certain means, in certain areas and or during certain
periods;
(b) the prohibition of fishing of a specific -
(i)
species;
(ii) size;
or
(iii)
gender,
of
fish;
(c) conditions to be
attached to possession, manufacture, purchase of any gear;
(d) schemes for
setting and allocating quotas and for limiting entry into all or specified
fisheries;
(e) the prohibition
of an activity likely to disturb the marine ecosystems and
habitats.
(2) Any person who
fails to comply with any regulation made under subsection (1) shall commit an
offence.
(1) No person shall
run a fish farm unless he has an authorisation from the Permanent
Secretary.
(2) A person who
wishes to run a fish farm shall make an application to the Permanent Secretary
in an approved form.
(3) The Permanent
Secretary may approve the application on such terms and conditions as he deems
fit subject to the applicant being granted, where applicable, an Environment
Impact Assessment licence under the Environment Protection Act
1991.
(4) Any person who
contravenes subsection (1) shall commit an offence.
(1) The owner or
lessee of a fish farm shall cause it to be registered with the Permanent
Secretary and shall, for the purposes of the registration, provide to the
Permanent Secretary -
(a) a full
description of the fish farm;
(b) the name of the
operator, if any; and
(c) such other
particulars as the Permanent Secretary may require.
(2) A person. who is
a party to a sale or transfer of a fish farm shall, within 14 days after the
sale or transfer, give notice of the sale or transfer to the Permanent
Secretary.
The Minister may, by
regulations, provide for the exemption of any fish farm from the requirement of
sections 10 and 11 depending on the size and scale of the fish
farm.
(1) No person shall
fish in any fish farm unless authorised to do so in writing by the owner or
lessee.
(2) Notwithstanding
section 30(1), the Permanent Secretary may, under such terms and conditions as
he may think fit, authorise the use of any net or implement for fishing in a
fish farm.
(3) Any person who
contravenes subsection (1) shall commit an offence.
(1) The Permanent
Secretary may direct the lessee of a barachois to take measures, in accordance
with fish farming practices, for the purpose of improving the yield in a
barachois.
(2) The lessee of a
barachois shall implement any measure which he is directed to take under
subsection (1).
(1) Where there is
an outbreak of disease in a fish farm, the owner or lessee of the fish farm
shall within 24 hours of the outbreak inform the Permanent Secretary of such
outbreak.
(2) The Permanent
Secretary may direct the owner or the lessee to take such measures he considers
appropriate to control the outbreak and prevent further spread of the
disease.
(3) Where the
Permanent Secretary is satisfied that a fish farm has been affected by a
disease, the Permanent Secretary may direct the owner or lessee to
-
(a) remove and
destroy any fish affected by the disease;
(b) disinfect the
fish farm; and
(c) take such other
measures as may be required.
PART IV - CONTROL OF
FISHING ACTIVITIES (1) No person shall
-
(a) fish with a
gunny bag, canvas or cloth, creeper, leaf or herb;
(b) fish with lime
and poisonous substance, a speargun or an explosive;
(c) have in his
possession or control an article mentioned in paragraph (a) or (b) for the
purposes of fishing;
(d) have in his
possession any speargun or part thereof except with the approval of the
Permanent Secretary;
(d) land, sell or
have in his possession any fish which he knows or has reason to believe has been
caught by –
(i) one of the means
or methods set out in paragraphs (a) and (b); or
(ii) any other
illegal means.
(2) Where an article
specified in paragraph (1) (a) and (b) is found on board a fishing boat or
vessel, it shall be presumed to be intended for use for
fishing.
(3) Any person who
contravenes subsection (1) shall commit an offence.
(1) Subject to
subsection (2), no person shall carry out underwater fishing without the written
authorisation of the Permanent Secretary.
(2) The Permanent
Secretary shall not authorise underwater fishing except -
(a) for scientific
purposes; or
(b) for the purpose
of catching ornamental fish; and
(c) in accordance
with such terms and conditions as may be determined by him.
(3) Any person who
contravenes subsections (1) and (2) shall commit an offence.
(1) No person shall
fish with, or have in his possession at sea -
(a) a large net or a
gill net from 1 October in a year to the last day of February of the following
year;
(b) a canard net
from -
(i) 1 May to 31 July
in a year;
(ii) 1 October in a
year to the last day of February of the following year.
(2) Subject to
subsection (1), no person shall fish with or have in his possession at sea
-
(a) a large net or
canard net between 1800 hours and 0600 hours;
(b) a gill net
between 0600 hours and 1800 hours.
(3) Subject to
subsection (4), no person shall -
(a) fish oysters;
or
(b) have in his
possession fresh oysters,
from the 1 October
in a year to the last day of March of the following year.
(4) Subsection (3)
does not apply to oysters which are -
(a) caught in a fish
farm; or
(b) imported for
sale.
(5) Any person who
contravenes subsections (1), (2) and (3) shall commit an
offence.
(1) Subject to
subsection (2), no person shall fish -
(a) an undersized
fish;
(b) any crab or
lobster in the berried state; or
(c) a turtle, turtle
egg or a marine mammal.
(2) The Permanent
Secretary may authorise the catching of -
(a) any fish
specified in subsection (1) or turtle eggs for scientific, reproductive, or any
other purpose beneficial to the community;
(b) undersized fish
by the owner or lessee of a barachois or fish farm for stocking the barachois or
fish farm;
(c) undersized fish
specified in the Schedule for use as bait.
(1) Subject to
subsection (2), no person shall land, have in his possession for purposes of
sale or supply, or sell or offer for sale -
(a) any toxic fish
or any part thereof;
(b) any fish, or
fish product, which is unfit for human consumption;
(c) any turtle
whether dead or alive, or part of a turtle, turtle eggs, stuffed
turtle;
(d) any marine
mammal or part of a marine mammal;
(e) any undersized
fish;
(f) any crab or
lobster in the berried state.
(2) The Permanent
Secretary may issue prior authorisation for the capture and landing of any fish
specified in subsection (1) (a) to (1) (e) for scientific
purposes.
(3) Where an officer
is satisfied that subsection (1) has been contravened, he shall order the items
the subject matter of the contravention to be forfeited.
(4) Where an officer
is satisfied that any fish which is being sold or offered for sale or supplied
is unsuitable for human consumption he shall order the fish to be seized and
destroyed.
(5) The owner of any
fish forfeited under subsection (3) or destroyed under subsection (4) shall not
be entitled to any compensation.
(6) Any person who
contravenes subsection (1) shall commit an offence.
(1) Subject to
subsection (3), no person shall fish with the aid of any artificial light except
with the approval of the Permanent Secretary.
(2) The Permanent
Secretary shall not issue an authorisation
except -
(a) to the owner or
lessee of a fish farm for the purpose of fishing in the fish
farm;
(b) for the purpose
of catching undersized crabs to stock a barachois or fish farm under such terms
and conditions as may be specified in the licence;
(c) for the purpose
of catching fish to be used as bait, the quantity of which shall not exceed such
amount as may be specified in the licence;
(d) for the purpose
of catching shrimps with a shrimp net.
(3) A person may
fish with artificial light within a barachois or fish farm of which he is the
owner or lessee or with the permission of the owner or
lessee.
(4) Any person who
contravenes subsection (1) shall commit an offence.
(1) No person shall
-
(a) make use of a
net in a pass; or
(b) place in a pass
any object likely to cause obstruction to navigation.
(2) Any person who
contravenes subsection (1) shall commit an offence.
(1) The Minister may
prescribe an area near the shore as a fish landing station.
(2) No fisherman
shall land fish at a place other than a fish landing station.
(3) Any person who
lands fish at a fish landing station shall -
(a) where requested
by an officer, cause the fish to be weighed;
(b) keep and store
the fish in such a manner and at such a place as an officer may direct;
and
(c) not expose the
fish to rain, sun or flies and other unhygienic conditions.
(4) Any person who
contravenes subsection (2) or (3) shall commit an offence.
24. Origin and sale
of fish (1) A person found
in possession of fish shall, on being required to do so by an officer, furnish
the officer with particulars of the origin or source of the
fish.
(2) Subject to
subsection (3), no person shall sell or have in his possession for sale any fish
unless he holds a fishmonger's licence.
(3) Subsection (2)
shall not apply to a fisherman who sells fish at a fish landing
station.
(4) No person shall
purchase fish from a fisherman for the purpose of sale at a place other than a
fish landing station.
(5) No fishmonger
who purchases fish from a fisherman shall refuse to sell fish at a fish landing
station.
(6) Any person who
contravenes subsection (2), (4) or (5) shall commit an
offence.
PART V - RESTRICTION
ON IMPORT AND EXPORT 25. Restriction on
importation of fish and fish products (1) No person shall
import into Mauritius any fish or fish product except with the approval of the
Minister on such terms and conditions as he may determine.
(2) No person shall
import into Mauritius any turtle egg, marine mammal or part of a turtle whether
dead or alive or stuffed.
(3) Where an officer
is satisfied that any fish or fish product which has been imported is unsuitable
for human consumption, he shall cause the fish or the fish product to be
forfeited and destroyed.
(4) The owner of any
fish or fish product destroyed under subsection (3) shall not be entitled to any
compensation.
(5) Any person who
contravenes subsection (1) or (2) shall commit an offence.
(1) Notwithstanding
subsection 25 (1), the Minister may authorise the importation into Mauritius of
fish intended for release or for ornamental purposes.
(2) No fish imported
under subsection (1) shall be released except with the written approval of the
Permanent Secretary.
(3) The Permanent
Secretary shall not give his approval under subsection (2) unless the fish has
been kept under observation and control for such period and on such terms and
conditions as he thinks fit.
(4) Where the
Permanent Secretary is satisfied that any fish which has been introduced into
Mauritius is unsuitable for the purpose of release or for ornamental purposes,
he may order the fish to be forfeited and destroyed.
(5) The importer of
any fish destroyed under subsection (4) shall not be entitled to any
compensation.
(6) Any person who contravenes subsection (2) shall commit an
offence.
27. Export of fish
and fish products (1) No person shall
export from Mauritius any fish or fish product except with the approval of the
Minister.
(2) No person shall
handle, store or process any fish or fish product for the purpose of export
except with the approval of the Permanent Secretary.
(3) An approval
under subsection (1) or under subsection (2) may be granted subject to such
terms and conditions as may be determined by the Minister or the Permanent
Secretary, respectively.
(4) Any person who
contravenes subsection (1) or (2) shall commit an offence.
28. Restriction on
importation and manufacture of implement (1) No person shall
manufacture, import, sell or supply any article specified in subsection (2)
except with the approval of the Permanent Secretary.
(2) Subsection (1)
shall apply to -
(a) a net or part of
a net;
(b) an implement or
part of an implement other than a basket trap, a fish spear , a hook , a line, a
rod, a reel and a lure.
(3) A licensee under
subsection (1) shall -
(a) keep a register
in which he shall forthwith enter particulars of every sale or purchase of nets
made by him including -
(i) the name and
address of every seller or purchaser of nets;
(ii) the
description, measurement and number of nets sold or purchased by
him;
(iii) the number and
date of issue of the licence held by the seller or purchaser of
nets;
(b) not later than
14 days after any sale or purchase of nets, submit to the Permanent Secretary,
in writing, the particulars specified in paragraph (a).
(4) Any person who
contravenes subsection (1) or (3) shall commit an offence.
29. Import of
fishing vessel No person shall
import into Mauritius any fishing vessel or boat for purposes of fishing except
with the approval of the Permanent Secretary on such terms and conditions as he
may determine.
PART VI -
LICENSING
SUB-PART A - NETS
AND IMPLEMENTS (1) Subject to
subsection 13 (2), no person shall, without a licence, use or have in his
possession -
(a) a bait
gear;
(b) a canard
net;
(c) a gill
net;
(d) a large
net;
(e) a basket trap;
or
(f) a shrimp
net.
(2) Notwithstanding
subsection (1), no licence shall be required in respect of the basket trap which
has meshes of a size which allows a cylinder measuring not less than 4
centimetres in diametre to pass through.
(3) Any person who
contravenes subsection (1) or (2) shall commit an offence.
31. Application for
licence (1) A person who
wishes to operate a gear or implement for which a licence is required under
section 30 (1) shall make a written application to the Permanent
Secretary.
(2) Upon receipt of
an application under subsection (1), the Permanent Secretary may request the
applicant to furnish such particulars as he may think fit.
(3) Where the
Permanent Secretary is satisfied that a licence may be issued, he may, subject
to subsection (5), issue the licence on payment of the prescribed
fee.
(4) A licence
issued under subsection (3) shall -
(a) be in the
prescribed form; and
(b) be subject to
such terms and conditions as the Permanent Secretary thinks
fit.
(5) The Permanent
Secretary shall not issue to any person a licence for a large net and a gill net
concurrently.
32. Limitation on
number of licences (1) Subject to
subsection (2), the Permanent Secretary shall not at any time licence the use of
more than -
(a) 10 large nets,
10 canard nets, and 10 gill nets and
100 shrimp nets in the lagoon of the
island of Mauritius;
(b) 8 large nets, 8
canard nets and 15 shrimp nets in the lagoon of the island of
Rodrigues;
(c) 2 large nets in
the lagoon of the island of Agalega.
(2) Where a person
who is the holder of a licence at the commencement of this Act applies, on the
expiry of the licence, for a licence under this Act, the Permanent Secretary may
grant the licence notwithstanding that the limits specified in subsection (1)
may thereby be exceeded.
(3) A licensee
shall, on demand, produce to an officer any licence issued to him under this
Act.
33. Licence not
transferable (1) A licence issued
under Sub-Part A of Part VI shall not be transferable.
(2) Where a licensee
-
(a) dies;
or
(b) in the case of a
body corporate, the body corporate is wound up,
the licence shall
lapse, and any fishing net in respect of which the licence was issued shall
forthwith be surrendered to the Permanent Secretary for safe keeping until
disposal.
34. Possession of
unauthorised or prohibited implements (1) No person shall
have in his possession a net or an implement which is intended to be used for
fishing and for which no licence has been issued by the Permanent
Secretary.
(2) Where an
implement -
(a) for which a
licence is required and for which no licence has been issued;
or
(b) which is
prohibited from use for fishing,
is found on board a
fishing boat or vessel or vehicle, it shall be presumed to be intended for use
for fishing.
(3) Subsection(1)
shall not apply to a licence holder licensed under Sub-Part B of Part VI of this
Act.
(4) Any person who
contravenes subsection (1) shall commit an offence.
35. Duties of
licensee of a net The licensee of a
net shall -
(a) keep or store
the net in such place as may be approved by the Permanent
Secretary;
(b) on demand,
produce the net or indicate its location to any officer;
(c) report to the
Permanent Secretary any damage to the seal or identification;
(d) surrender the
net to the Permanent Secretary upon the expiry or revocation of his
licence.
36. Disposal of licensed nets(1) No licensee
shall dispose of any licensed net or part thereof without the written approval
of the Permanent Secretary.
(2) No licensee
shall replace any licensed net or part thereof
unless -
(a) the net has
become unserviceable;
(b) the net is
surrendered to the Permanent Secretary; and
(c) the Permanent
Secretary approves the replacement in writing.
(3) The Permanent
Secretary may cause to be destroyed any net which is surrendered to him under
subsection (2)(b).
SUB-PART B - BOAT
AND VESSEL 37. Licence issued
to foreign vessel engaged in fishing (1) No person shall
use a foreign vessel or foreign boat for fishing or any related activity within
Mauritius waters except under a licence issued under this
section.
(2) No person shall
use a foreign vessel or foreign boat for fishing of sedentary species on the
continental shelf except under a licence issued under this
section.
(3) An application
for a licence under this section shall be made to the Minister on such form as
may be approved by the Permanent Secretary.
(4) The Minister
may, on such terms and conditions as he thinks fit and subject to the approval
of the Prime Minister, issue a licence for the use of a foreign vessel or
foreign boat for the purpose of fishing within Mauritius waters or on the
continental shelf.
(5) A licence issued
under this section shall be in a prescribed form.
(6) Any person who
contravenes subsection (1) or (2) shall commit an offence.
(7) Any person who
fails to comply with any condition of a licence issued under section 37 shall
commit an offence.
38. Licence and
international agreement (1) Subject to
subsection (2), a licence to fish within the Mauritius waters shall not be
issued under this section unless there is an agreement -
(a) between the
Government of Mauritius and the State in which the vessel or boat is
registered;
(b) between the
Government of Mauritius and an intergovernmental organization to which the
State, in which the vessel or boat is registered, has delegated the power to
negotiate fishing agreements; or
(c) between the
Government of Mauritius and a fishing association of which the owner or
charterer of the vessel or boat is a member.
(2) In the absence
of an agreement referred to in subsection (1), the Minister may issue a licence
under this section if the applicant provides such financial or other guarantees
as he may determine.
39. Licence issued
to a Mauritian vessel or boat (1) Subject to
subsection (2) and the Maritime Zones Act, no person shall use a Mauritian
vessel or boat for fishing or a related activity -
(a) within Mauritius
waters or the continental shelf;
(b) in any fishery
on the high seas; or
(c) within the
fishing zone of a foreign State,
except under a
licence issued under this section.
(2) The Minister may
exempt a category of boats from the requirements of subsection (1) subject to
such conditions as may be prescribed.
(3) An application
for a licence under this section shall be made to the Minister in such form as
may be approved by the Permanent Secretary.
(4) A licence issued
under this section shall be in a prescribed form.
(5) The Minister
shall not issue a licence under this section unless he is satisfied that
-
(a) in the case of a
vessel, the vessel is a Mauritian vessel;
(b) in the case of a
boat, the boat is registered under
section 42;
(c) the applicant
has satisfied such conditions as may be prescribed by
regulations.
(6) Any person who
contravenes subsection (1) shall commit an offence.
(7) Any person who
fails to comply with a condition of a licence issued under this section shall
commit an offence.
40. Conditions of
licences (1) A licence issued
under Sub-Part B of Part VI shall be subject to such conditions as the Minister
thinks fit including conditions relating to -
(a) the type and
method of fishing or other activity authorized;
(b) the areas within
which such fishing or other activity is authorized;
(c) the species and
amount of fish, authorized to be taken, including any restriction on
by-catch.
(2) No licence shall
be issued unless the prescribed fee has been paid.
(1) Subject to
section 61, a licence issued under Sub-Part B of Part VI shall be valid for such
period as may be specified in the licence, but shall not exceed one
year.
(2) The Minister
may, on renewal of a licence -
(a) attach fresh
conditions to the licence; or
(b) vary its
conditions.
(3) Where a
Mauritian vessel ceases to be registered under the Merchant Shipping Act 1986,
any licence issued under this part shall lapse.
(4) A licence issued
under Sub-Part B of Part VI shall not be transferable.
42. Registration of
boats (1) A person who
owns a boat shall cause it to be registered with the Permanent
Secretary.
(2) No person shall
use a boat which -
(a) is not
registered; and
(b) does not bear an
identification mark.
(3) No person shall
modify the size of a registered boat without the written approval of the
Permanent Secretary.
(4) The Permanent
Secretary shall keep a register in which shall be entered -
(a) the
identification mark assigned to every boat;
(b) the name and
address of the owner; and
(c) such other
particulars as he thinks fit.
(5) A person who is
a party to a sale or transfer of a boat shall, within 14 days after the sale or
transfer, give notice of the sale or transfer to the Permanent
Secretary.
(6) Where a boat is
lost or is destroyed, the owner of the boat shall, within 7 days, give notice of
the loss or destruction to the Permanent Secretary.
(7) The initial
registration, or the registration of a sale, transfer and modification shall be
subject to payment of a prescribed fee.
(8) Any person who
contravenes subsection (2) shall commit an offence.
43. Identification
of fishing boats (1) The Permanent
Secretary shall assign to every registered boat an identification
mark.
(2) The owner of a
boat shall display its identification mark on both sides of the boat in such a
manner as may be approved by the Permanent Secretary.
(3) Any person who
contravenes subsection (2) shall commit an offence.
(1) Subject to
subsection (2), a foreign vessel or foreign boat which is not licensed under
section 37 shall keep its gear stowed while it is within the Mauritius
waters.
(2) A foreign vessel
or foreign boat that is licensed under section 37 shall keep its gear stowed
while it is in a place where it is not licensed to fish.
(3) Any person who
contravenes subsection (1) or (2) shall commit an offence.
(1) A Mauritian
vessel or boat licensed under section 39 shall land its catch within the limits
of Port Louis harbour or such other fish landing station as may be specified in
the licence.
(2) Notwithstanding
subsection (1), the Minister may, subject to such terms and conditions as he may
determine, authorise a Mauritian vessel or boat licensed under section 39 to
land fish at a place other than one mentioned in subsection
(1).
The Permanent
Secretary may authorise a person to board and remain on a vessel for such period
as he thinks fit for the purpose of inspection, of collecting information or any
other purpose in relation to fishing activities and fisheries
resources.
(1) The Minister may
make regulations in respect of the -
(a) trans-shipment
of fish or fish product;
(b) transport of
fish or fish product caught in the Mauritius waters; and
(c) operation of a
fishing base for fishing within the Mauritius waters.
(2) Regulations made
under subsection (1) may provide for the levying of fees and
charges.
48. Departure of
Mauritian fishing vessels (1) The master of a
Mauritian vessel engaged in fishing shall, at least 3 days prior to leaving port
for a fishing trip -
(a) inform the
Permanent Secretary of the intended date and time of departure of the vessel;
and
(b) comply with such
conditions as may be determined by the Permanent Secretary;
(c) submit such
documents as may be required by the Permanent Secretary.
(2) A fisherman
engaged to work on a vessel referred to in subsection (1) shall be the holder of
a Fishermen Continuous Records Book.
(3) The master of a
vessel referred to in subsection (1) may, subject to subsection (4), enlist such
number of trainee fishermen as may be prescribed by
regulations.
(4) No trainee
fisherman enlisted under subsection (3) shall stay at sea for a cumulative
period of more than 6 months.
(5) A vessel
referred to in subsection (1) shall not leave the port with any fish on board
unless it has been so authorised by the Permanent Secretary.
(6) The Permanent
Secretary may object to the departure of a vessel where he has reason to believe
that any of the provisions of subsections (1) to (5) have not been complied
with.
49. Arrival of
Mauritian fishing vessels or boats (1) The master of a
Mauritian vessel or boat licenced under section 39 shall, 2 days prior to
reaching Port-Louis harbour or such other landing station as may be specified in
the licence, inform the Permanent Secretary of the expected time of arrival of
the vessel or boat in Port Louis or such other landing
places.
(2) On reaching Port
Louis or such other landing places as may be specified in the licence, the
master shall immediately submit to the Permanent Secretary -
(a) a report on the
species composition of the catch;
(b) information
relating to the origin of the catch, the catch and effort in accordance with the
approved log sheets;
(c) any other
information that may be required by the Permanent Secretary.
(3) The master shall
-
(a) produce to the
officer, the log book of the vessel or boat for examination;
(b) make its catch
available to the officer for verification and sampling.
(4) Where the
Permanent Secretary is satisfied that subsections (1) to (3) have been complied
with he shall issue a fish landing permit.
50. Register of
fishing vessels and boats (1) The Permanent
Secretary shall keep a register of fishing vessels and boats licensed under
section 37 and section 39.
(2) The register
shall contain -
(a) the name of the
vessel or boat;
(b) the
international radio call sign;
(c) the country of
registration;
(d) the length
overall;
(e) the net
registered tonnage;
(f) the gross
tonnage;
(g) the material of
build;
(h) the vessel type
and fishing method;
(i) the hold
capacities in cubic meters;
(j) the date of
build;
(k) the number of
crew including fishermen and persons commonly known as “frigoboys”;
and
(l) the name and
address of the owner, manager or agent.
51. Warrant to enter
and search (1) A Magistrate
may, where he is satisfied by information upon oath that there is reasonable
ground to believe that an offence against this Act has been, is being or is
about to be committed, issue a warrant authorising an officer to enter and
search any boat, fishing vessel, or premises.
(2) Where the
Permanent Secretary is satisfied by information upon oath that
-
(a) there is
reasonable ground to believe that an offence against this Act has been, is being
or is about to be committed; and
(b) communication
with a Magistrate for the purpose of securing a search warrant may cause
delay,
he may issue a
search warrant authorising an officer to enter and search any boat, fishing
vessel, or premises.
52. Liability of
owners of implements used in commission of offences (1) Where a vehicle,
net, fishing implement, or other accessory is used in the commission of an
offence under this Act, the owner shall be deemed to have committed the offence
unless he proves -
(a) that he was not
a party or privy to the commission of the offence; and
(b) that he took all
reasonable steps to prevent the use of the vehicle, net, fishing implement, or
other accessory.
(2) Where a vessel
or boat, is used in the commission of an offence under this Act, the owner, in
addition to the master, shall be deemed to have committed the offence unless he
proves -
(a) that he was not
a party or privy to the commission of the offence; and
(b) that he took all
reasonable steps to prevent the use of the vessel or boat.
53. Power of search
and seizure (1) Where an officer
has reasons to believe that an offence under this Act has been, is being or is
about to be committed, and considers that it would be impracticable to apply for
a warrant the officer may, without a warrant -
(a) stop, board and
search -
(i) a boat or vessel
within the Mauritius waters;
(ii) a Mauritian
vessel outside the Mauritius waters;
(b) stop and search
any vehicle;
(c) require to be
produced, examine and take copies of any licence, log book or other document
required to be kept under this Act;
(d) require to be
produced and examine any fishing net, other gear, any fish or other aquatic
organism;
(e) seize
-
(i) a
vehicle;
(ii) a
vessel;
(iii) a
boat;
(iv) a
net;
(v) an
implement;
(vi) a gear;
or
(vii) an
accessory.
(2) A fishing vessel
or boat seized under subsection (1)(e) shall be taken to Port Louis, or to
another suitable port of Mauritius together with all the persons employed on the
vessel or boat.
54. Power to arrest
and detain An officer may,
without warrant, arrest and detain a person found -
(a) fishing in
breach of this Act;
(b) in possession of
any fish or implement, or selling any fish caught, in breach of this Act, unless
the person gives his name and address and a satisfactory explanation regarding
the origin of any fish in his possession.
An officer may seize
-
(a) any fish caught,
landed, sold or stored;
(b) any fish product
landed, sold or stored,
in breach of this
Act.
An officer shall, in
the exercise of his powers under this Act, produce on request such means of
identification as shall be determined by the Permanent Secretary for the
purposes of enforcing this Act.
57. Pursuit beyond
Mauritius waters (1) Subject to
subsection (2), where a vessel or boat is pursued within Mauritius waters on
reasonable suspicion of having committed an offence under this Act and the
pursuit extends beyond Mauritius waters and the powers conferred to an officer
by sections 52 to 54 shall be exercisable in respect of such vessel beyond
Mauritius waters.
(2) The powers
conferred to an officer by subsection (1) shall cease when the vessel or boat
enters the territorial sea of another state.
58. Custody and
disposal of seized articles (1) An article
seized under section 53 (1)(e) shall be delivered to the Permanent Secretary who
shall forthwith return the article to the person from whom it was seized where
-
(a) no criminal
proceedings for any offence under this Act are instituted; or
(b) upon
examination, it is found not to have been used in the commission of an offence
under this Act.
(2) Notwithstanding
subsection (1), the owner or the person from whom the article was seized may
apply to the Judge in Chambers for an order for the release of the
article.
(3) On an
application under subsection (2), the Judge in Chambers may grant an order for
the release of the article subject to the provision of such security and to such
conditions as the Judge may determine.
Any fish or fish
product seized under this Act may be disposed of as the Permanent Secretary may
direct and without payment of any compensation to its owner or to the person
from whom it was seized.
60 Application of
the Public Officers Protection Act The Public Officers
Protection Act shall apply to anything done under this Act notwithstanding the
fact that the act was done outside Mauritius waters.
61. Suspension and
cancellation (1) Subject to
subsection (2), the Minister may suspend or cancel any licence issued under this
Act where -
(a) the boat,
vessel, implement or gear, in respect of which the licence was issued, has been
used in contravention
of -
(i) this
Act;
(ii) any regulations
made under this Act;
(iii) any law in
force in Mauritius; or
(iv) any condition
of the licence;
(b) the licensee has
been engaged in any activity in contravention of -
(i) this
Act;
(ii) any regulations
made under this Act; or
(iii) any condition
of the licence;
(c) the sustained
utilisation of any species of fish or marine fisheries in general is
threatened.
(2) The Minister
shall not suspend or cancel a licence under subsection (1) unless he is
satisfied that -
(a) such suspension
or cancellation is necessary and expedient; and
(b) the need for any
suspension or cancellation outweighs any hardship caused to the
licensee.
62. Offences and
penalties (1) A person who
contravenes sections 4, 10, 13, 23, 24 or 42 shall, on conviction, be liable
–
(a) in the case of a
first conviction, to a fine of not less than 2,000 rupees and not more than
3,000 rupees;
(b) in the case of a second conviction, to a fine of not
less than 3,000 rupees and not more than 4,000 rupees;
(c) in the case of
a third or subsequent conviction, to a fine of not less than Rs 4,000 and not
more than 5,000 rupees.
(2) A person who
contravenes sections 6, 16, 17, 18, 19, 20, 21, 22, 30 or 34 shall , on
conviction, be liable –
(a) in the case of a
first conviction, to a fine of not less than 2,000 rupees and not more than
3,000 rupees and to imprisonment for a term not exceeding 2 years;
(b) in
the case of a second conviction, to a fine of not less than 3,000 rupees and not
more than 5,000 rupees and to imprisonment for a term not exceeding 5
years;
(c) in the case of a third or subsequent conviction, to a fine of
not less than 5,000 rupees and not more than
10,000 rupees and to
imprisonment for a term not exceeding 8 years.
(3) A person who
contravenes sections 25, 27 or 28 shall, on conviction, be
liable–
(a) in case first of
a first conviction, to a fine of not less than 5,000 rupees and not more than
10,000 rupees;
(b) in case first of a second conviction, to a fine of not
less than 10,,000 rupees and not more than 15,000 rupees and to imprisonment for
a term not exceeding 5 years;
(c) in case first of third and subsequent
conviction, to a fine of not less than 15,000 rupees and not more than 20,000
rupees and to imprisonment for a term not exceeding 5 years.
(4) A person who
commits an offence under this Act for which no penalty has been provided shall,
on conviction, be liable to a fine of not less than 2,000 rupees and not more
than 50,000 rupees and to imprisonment for a term of not more than 2
years.
63. Forfeiture (1) Subject to
subsection (2), where a person is convicted of an offence under this Act, the
court may, in addition to any other penalty -
(a) order the
forfeiture of -
(i) a
vehicle;
(ii) a
vessel;
(iii) a
boat;
(iv) a net;
or
(v) a fishing
implement;
(vi) any
article,
used in the
commission of the offence under this Act;
(b) order the
forfeiture of any fish caught in breach of the Act.
(2) The Court may,
instead of ordering the forfeiture as provided under subsection (1), order that
any item referred to in subsection (1) be kept by the Permanent Secretary until
the fine imposed is paid.
64. Penalty for an
offence under section 37 (1) A person who
commits an offence under section 37 (6) shall, on conviction, be liable to a
fine of not less than one million rupees and not more than 5 million
rupees.
(2) Any person who
commits an offence under section 37 (7) shall, on conviction, be liable to a
fine of not less than 250,000 rupees and not more than 5 million
rupees.
65. Penalty for an
offence under section 39 (1) A person who
commits an offence under section 39 (6) shall, on conviction be liable to a fine
of not less than 50,000 rupees and not more than 250,000.
rupees.
(2) A person who
commits an offence under section 39 (7) shall, on conviction, be liable to a
fine of not less than 25,000 rupees and not more than 150,000
rupees.
66. Higher penalty for breach of section
20Notwithstanding
section 62, where a person who holds a licence under section 37 or 39 is
convicted of an offence under section 20 (1) he shall be liable to a fine of not
less than 50,000 rupees and nor more than 250,000 rupees.
67. Penalty for
breach of section 44 A person who commits
an offence under section 44 shall, on conviction, be liable to a fine of not
less than 250,000 rupees.
68. Breach of
management measures in outside territorial waters Notwithstanding
section 62, a person who commits a breach of a conservation measure prescribed
under section 9 within Mauritius waters, other than the territorial waters,
shall, on conviction, be liable to a fine of not less than 50,000 rupees and not
more than 250,000 rupees.
69. Offence
committed under subsection 16 (1) outside territorial waters Notwithstanding
section 62, a person who commits an offence under section 16 (1) within
Mauritius waters, other than the territorial waters shall, on conviction, be
liable to a fine of not less than 50,000 rupees and not more than 200,000
rupees.
70. Possession of
fish caught outside territorial waters Notwithstanding
section 62, a person who, in breach of this Act -
(a)
lands;
(b)
sells;
(c) receives for
sale; or
(d) has in his
possession for sale,
any fish caught in
the Mauritius waters other than the territorial waters, shall commit an offence
and on conviction, shall be liable to a fine of not less than 50,000 rupees and
not more than 200,000 rupees.
71. Giving false
information A person who
-
(a) is required to
supply information under section 4 of this Act; and
(b) knowingly
-
(i) fails to supply
such information; or
(ii) furnishes false
or misleading information,
shall commit an
offence and on conviction, shall be liable to a fine of not less than 20,000
rupees and not more than 50,000 rupees.
(1) Notwithstanding
section 114 of the Courts Act and section 72 of the District and Intermediate
Courts (Criminal Jurisdiction) Act, a Magistrate -
(a) shall have
jurisdiction to try an offence under this Act; and
(b) may impose any
penalty provided by this Act.
(2) The Intermediate
Court shall have jurisdiction to try an offence under this
Act.
(3) Section 153 of
the Criminal Procedure Act shall not apply to a conviction for an offence under
this Act.
(1) The Minister may
make regulations generally for the implementation of this Act, and in particular
for the purposes of -
(a) delimiting areas
within Mauritius waters which shall be reserved for fishing by Mauritian vessels
or boats;
(b) prescribing any
fish which may be toxic;
(c) prescribing
measures for the registration of fishermen;
(d) prescribing the
form and content of licences and the procedure for their issue, cancellation and
revocation;
(e) prescribing
measures relating to the furnishing of security for the return of any article
seized;
(f) requiring a
fishing vessel or boat to be equipped with specified communications, position
fixing and other equipment;
(g) prescribing
measures for the protection, conservation and management of marine protected
areas;
(h) the levying of
fees and charges;
(i) providing for
safety and security measures for fishermen and contravention in case of non
compliance with those measures;
(j) regulating the
use of fish aggregating devices and regulating fishing around
them;
(k) regulating
sports and recreational fishing activities; and
(l) regulating
handling, storage and sale of fresh, frozen and chilled fish;
(m) prescribing any
other matter relating to fisheries for the purposes of this
Act.
(2) Regulations made
under this Act may provide that any person who contravenes them shall commit an
offence and shall, on conviction, be liable to a fine not exceeding 2,000 rupees
and to imprisonment for a term not exceeding 2 years.
74. Transitional
provisions A permit or licence
issued under the Fisheries Act 1980 shall be deemed to have been issued under
this Act.
The Fisheries Act
1980 is repealed.
(1) This Act shall
come into operation on a day to be fixed by Proclamation.
(2) Different dates
may be fixed for the coming into operation of different provisions of this
Act.
Passed by the
National Assembly on the twenty-fourth day of November one thousand nine hundred
and ninety-eight.
ANDRE
POMPON
Clerk of the National Assembly
SCHEDULE
(section
19(2))
Undersized fish that
may be used as bait
Fish Commonly known
as
(a) Mugil sp. & Vala Mugil spp. Mullet
(b) Parupeneus spp.
(c)
Upeneus spp. Rouget
(d) Mulloides spp.
