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Legislative Decree No.20 of 2002 on the regulation of fishing, exploitation and protection of marine wealth.

Country
Type of law
Legislation
Source

Keywords

Abstract
This Royal Decree consisting of 38 articles divided in 6 Chapters aims to outline the overall legislative framework regulating the exploitation of fisheries and other marine resources and identify the responsibilities of the competent Authority. It establishes that (i) without prejudice to the special provisions concerning GCC nationals, non-nationals of the State of Bahrain are prohibited from practicing commercial fishing; (ii) without a license issued by the competent Authority (the Department of Fisheries and Marine Resources at the Ministry of Housing and Agriculture), commercial fishing in fishing waters may not be practiced; (iii) the license shall be limited in duration and indicate the specifications of the vessel, the fishing methods and equipment used, the number of crew members, the locations of the vessel's work, the authorized fishing seasons and the types and quantities of marine wealth to be harvested in each region and in each season; (iv) in the case of commercial fishing, a Bahraini captain shall be required on board; (v) the Minister may grant to practice fishing for the purpose of carrying out research or scientific studies and, in that case, may exempt from the application of some provisions of this Decree.
Articles 6 - 13 provide for the details of the licenses, in particular applications, required documents, duration, renewals, complaints for refusal, cases for canceling fishing licenses.
In order of protecting the marine environment, the Decree establishes that (i) the waste of plants, laboratories, factories, sewage, chemicals, petroleum, ship oils or any liquids or solutions harmful to the marine or other environment in the territorial waters, or adjacent areas, shall be disposed in accordance with the legally prescribed methods (art.18); (ii) conduct drilling and filling operations is banned (art.21); (iii) is prohibited to conduct fishing competitions and water sports (art.21).
With the aim of preserving marine species and wildlife, the Decree provides for prohibiting (i) the catch of larvae or small marine organisms whose length is less than the authorized size, as well as to catch sea turtles, seabirds and other mammals, or tamper with their places of origin and reproduction along the country's beaches or in fishing waters (art.19); (ii) the establishment or construction of dams or barriers limiting the freedom of movement of marine resources (art.21); (iii) remove or use grasses, aquatic plants, coral reefs or rocks of various kinds (art.21); (iv) the catch of ornamental fish and the pearls' extraction (art.21); (v) marine sand may only be extracted after obtaining the permit (art.23).
In order to regulate fishing methods, it is established that it is prohibited (i) to have nets, machines or tools that are not licensed or prohibited for fishing on board the fishing vessel, and it is also prohibited for any person to possess them at or near fishing sites (art.20); (ii) establishment of aquaculture farms, cages and the like in fishing waters for the purpose of breeding marine organisms (art.21); (iii) the use of poisons, explosives, chemicals, electric methods, etc. (art.22); (iv) to import or trade devices banned in fishing because of their danger to marine wealth (art.24); (v) for the foreign fishing vessels that come to the ports to sell or market the marine wealth and its products without a license from the competent department on the basis of a decision of the Minister (art.29).
Articles 25 - 30 deal with rules for trading, marketing and manufacturing and provide for (i) the obligation for fishing vessels and means of transport of marine resources to be equipped with ice-cold refrigerators or iceboxes; (ii) respect of the hygiene and safety and sanitary conditions, in accordance with the specifications of the competent department in coordination with the concerned authorities; (iii) the permitted sale of the marine wealth only in markets or places specified by the concerned authorities, in which health and commercial conditions are regulated; (iv) the respect for the sanitary rules in the manufacture, drying, smoking and boiling of the marine wealth prior to circulation; (v) the compliance with the provisions of laws by all fishing vessels carrying products imported marine products, whether fresh, dried, canned, salted, smoked or frozen; (vi) with regards with trading or manufacturing of marine wealth, the obligation of keeping records specifying the quantities according to types and prices; (vii) the prohibition of export or import of marine wealth and its products in any form or for any purpose except with the approval of the competent department
Chapter 5 and 6 refer, respectively, to general provisions and offences and penalties.
Date of text
Entry into force notes
This Resolution enters into force 1 month after its publication in the Official Gazette.
Repealed
No
Source language

English

Legislation Amendment
No
Original title
مرسوم بقانون رقم 20 لسنة 2002م بتنظيم صيد واستغلال وحماية الثروة البحرية