Fisheries and Aquaculture Act, 2018 (No.10 of 2018).
Country
Type of law
Legislation
Abstract
This Act provides general rules relating to commercial and artisanal fishing by nationals of Sierra Leone wherever they are (beyond the fisheries waters, including fishing on the high seas or in waters under the jurisdiction of another State) and commercial fishing by foreigners in the fisheries waters of Sierra Leone and rules relating to aquaculture. The Act consists of 92 sections divided into 11 Parts.
The Ministry responsible for fisheries and marine resources shall have the institutional responsibility for the administration of this Act. There shall be a Director of Fisheries appointed by the Public Service Commission. There shall also be a Scientific, Economic and Technical Committee, which shall be responsible to advice the Ministry. The Minister shall designate Community Fisheries Management Areas in consultation with the relevant Local Council and devolve designated governance functions relating to fisheries conservation, management and development to local authorities in relation to those areas
The Act sets out in Part III the objectives and purposes for the management and development of fisheries. Such management shall take a precautionary approach toward harvesting and shall be based on best technical knowledge and scientific evidence available to maintain or restore stocks, as qualified by relevant environmental and economic factors including fishing patterns, the interdependence of stocks and relevant international standards. In development develop of the fisheries sector preference shall be given to the needs of local fisheries over foreign fisheries. The Director of Fisheries shall, in consultation with the Management Scientific, Economic and Technical Committee and any other stakeholders review and implement annual Fisheries Management Plans in respect of any fisheries resources or area in the Sierra Leone fishery waters. The Plan shall be approved by the Minister. A Fisheries Management Plan may include the delegation of shared management responsibility to any local area authority, including Local Councils, Community Management Associations and other relevant stakeholders for the development of shared responsibility for the management of artisanal fisheries and marine protected areas.
Use of a vessel for fishing in Sierra Leone waters requires a valid certificate of registration issued by the Director of Fisheries. Prior to importation, construction, or acquisition of a new fishing vessel or gear, or conversion of a vessel into a fishing vessel, the authorisation of the Director of Fisheries shall first be obtained in order to, among other things, undertake a full background check of the history of compliance ensuring that the concerned fishing vessel and its potential owner has never been involved in illegal, unreported and unregulated fishing activities. Any person who operates a fishing vessel in Sierra fishery waters without a valid certificate of registration commits an offence. No person shall engage in specified activities without a valid licence or authorisation issued by the Director of Fisheries under this Act. These activities include, among other things, using a fishing vessel (national or foreign) for fishing or related activities, using a Sierra Leone fishing vessel for fishing or related activities in areas beyond the fisheries waters, operating a fish and fish processing establishment or storage facility, the export or import of live fish or other fish products and introduction into the fisheries waters of any genetically modified fish. “Related activities”, in relation to fishing, includes – (a) refuelling or supplying fishing vessels or performing other activities in support of fishing operations; (b) transhipping, storing, processing or transporting fish or fish products up to the time they are first landed; (c) on-shore storing, or processing fish or fish products from the time they first landed. No person shall engage in any activity relating to fish processing for the purposes of export without a and fish licence; (b) buy fish from an unlicensed storage facility or an unlicensed fish processing facility; or (c) buy or sell fish where there are reasonable grounds to believe that it has been caught as a result of illegal, unreported or unregulated fishing activities.
The Inshore Exclusion Zone shall be reserved for artisanal and recreational fisheries. The Director of Fisheries in collaboration with relevant stakeholders shall promote sustainable artisanal fisheries and the establishment of artisanal fishers associations whereby communities and fisheries shall be encouraged to form fisheries marketing associations to develop market strategies for artisanal fisheries. No person shall, by carrying out aquaculture activities, deprive any local community of its traditional access to fishing grounds without good cause.
The Act furthermore provides with respect to, among other things, international and regional cooperation in fisheries management (to prevent IUU fishing), monitoring, control, surveillance of fisheries and related activities and enforcement, pollution of fisheries waters, development and control of aquaculture (including escape of aquaculture stock, use of drugs and chemicals, acqualture waste and trans-boundary aquaculture ecosystems), the declaration of protected or endangered species any aquatic animal or plant, and offences and penalties. The Act prohibits in Sierra Leone waters the taking, importing, exporting, landing, transshipping, buying, etc. of any fish or fish product that was caught in contravention of the laws of another State or using a vessel to engage in fishing or related activities for an illegal purpose. The Director of Fisheries shall adopt appropriate measures to ensure sustainable management of fish and fisheries resources and to act against illegal, unreported, and unregulated fishing activities.
The Ministry responsible for fisheries and marine resources shall have the institutional responsibility for the administration of this Act. There shall be a Director of Fisheries appointed by the Public Service Commission. There shall also be a Scientific, Economic and Technical Committee, which shall be responsible to advice the Ministry. The Minister shall designate Community Fisheries Management Areas in consultation with the relevant Local Council and devolve designated governance functions relating to fisheries conservation, management and development to local authorities in relation to those areas
The Act sets out in Part III the objectives and purposes for the management and development of fisheries. Such management shall take a precautionary approach toward harvesting and shall be based on best technical knowledge and scientific evidence available to maintain or restore stocks, as qualified by relevant environmental and economic factors including fishing patterns, the interdependence of stocks and relevant international standards. In development develop of the fisheries sector preference shall be given to the needs of local fisheries over foreign fisheries. The Director of Fisheries shall, in consultation with the Management Scientific, Economic and Technical Committee and any other stakeholders review and implement annual Fisheries Management Plans in respect of any fisheries resources or area in the Sierra Leone fishery waters. The Plan shall be approved by the Minister. A Fisheries Management Plan may include the delegation of shared management responsibility to any local area authority, including Local Councils, Community Management Associations and other relevant stakeholders for the development of shared responsibility for the management of artisanal fisheries and marine protected areas.
Use of a vessel for fishing in Sierra Leone waters requires a valid certificate of registration issued by the Director of Fisheries. Prior to importation, construction, or acquisition of a new fishing vessel or gear, or conversion of a vessel into a fishing vessel, the authorisation of the Director of Fisheries shall first be obtained in order to, among other things, undertake a full background check of the history of compliance ensuring that the concerned fishing vessel and its potential owner has never been involved in illegal, unreported and unregulated fishing activities. Any person who operates a fishing vessel in Sierra fishery waters without a valid certificate of registration commits an offence. No person shall engage in specified activities without a valid licence or authorisation issued by the Director of Fisheries under this Act. These activities include, among other things, using a fishing vessel (national or foreign) for fishing or related activities, using a Sierra Leone fishing vessel for fishing or related activities in areas beyond the fisheries waters, operating a fish and fish processing establishment or storage facility, the export or import of live fish or other fish products and introduction into the fisheries waters of any genetically modified fish. “Related activities”, in relation to fishing, includes – (a) refuelling or supplying fishing vessels or performing other activities in support of fishing operations; (b) transhipping, storing, processing or transporting fish or fish products up to the time they are first landed; (c) on-shore storing, or processing fish or fish products from the time they first landed. No person shall engage in any activity relating to fish processing for the purposes of export without a and fish licence; (b) buy fish from an unlicensed storage facility or an unlicensed fish processing facility; or (c) buy or sell fish where there are reasonable grounds to believe that it has been caught as a result of illegal, unreported or unregulated fishing activities.
The Inshore Exclusion Zone shall be reserved for artisanal and recreational fisheries. The Director of Fisheries in collaboration with relevant stakeholders shall promote sustainable artisanal fisheries and the establishment of artisanal fishers associations whereby communities and fisheries shall be encouraged to form fisheries marketing associations to develop market strategies for artisanal fisheries. No person shall, by carrying out aquaculture activities, deprive any local community of its traditional access to fishing grounds without good cause.
The Act furthermore provides with respect to, among other things, international and regional cooperation in fisheries management (to prevent IUU fishing), monitoring, control, surveillance of fisheries and related activities and enforcement, pollution of fisheries waters, development and control of aquaculture (including escape of aquaculture stock, use of drugs and chemicals, acqualture waste and trans-boundary aquaculture ecosystems), the declaration of protected or endangered species any aquatic animal or plant, and offences and penalties. The Act prohibits in Sierra Leone waters the taking, importing, exporting, landing, transshipping, buying, etc. of any fish or fish product that was caught in contravention of the laws of another State or using a vessel to engage in fishing or related activities for an illegal purpose. The Director of Fisheries shall adopt appropriate measures to ensure sustainable management of fish and fisheries resources and to act against illegal, unreported, and unregulated fishing activities.
Attached files
Topics
Marine and Freshwater
Long title of text
Being an Act to make provision for the long-term conservation, management, development and sustainable use of fisheries resources and ecosystems in Sierra Leone; to provide for the development of aquaculture for the benefit of the people of Sierra Leone and for other related matters.
Date of text
Repealed
No
Source language
English
Legislation Amendment
No
Toolkit legislation
Plastic
Regulatory Approach