Fisheries Proclamation (No. 176/2014).
Country
Type of law
Legislation
Abstract
This Proclamation of the Government of Eritrea deals with a wide variety of matters concerning marine and inland fisheries, protection of marine wildlife and aquaculture. The main objective of this Proclamation is to ensure that exploitation of living marine aquatic resources is consistent with sustainable economic, environmental and social conditions. The text consists of 47 sections divided into 7 Parts: Preliminary (I); Administration (II); Fisheries management (II); Fishing Licences (IV); Aquaculture (V); Enforcement (VI); General Provisions.
The Ministry of Marine Resources shall be responsible for the management and development of the fisheries resource in Eritrea and for the administration of this Proclamation and the Minister (of Marine Resources) may appoint any public officer to serve as an authorised officer for the purposes of this Proclamation. A Fisheries Advisory Council shall advise on the management and development of fisheries and discharge such responsibilities as are conferred on it under this Proclamation.
The Minister may, to ensure the sustainable use of the marine fisheries, declare that (a) any fishery or fisheries, or (b) species of fish, or group of species, or (c) any area within the Eritrean waters shall be managed in accordance with a multi-annual Fishery Management Plan which shall set harvesting rules consisting of a predetermined set of biological parameters to govern catch limits at biologically sustainable levels. Contents of such plan are prescribed and consultation with all those who may be directly affected including local authorities, fishermen or leaders of fishermen's associations, beneficiaries or any government authority with a direct interest in the management of the fishery required. In fisheries management, the Minister shall , among other things, use the precautionary approach, have due regard of the interests of other states in the region in shared, straddling and migratory stocks and recommended international minimum standards and be guided by (specified) principles of good governance.
The Minister may issue regulations prescribing measures for the proper management of fisheries (seasons, gear, limited entry, etc.) and collect data on fisheries as required. No person may fish for any marine mammal or other protected species in Eritrean waters and taking of coral requires a permission. The Minister may, after consultation, declare marine protected areas where fishing is restricted or prohibited.
As for monitoring of fishing activities, the Director-General responsible for the regulatory Services Department of the Ministry shall establish a Fisheries Monitoring Centre and be responsible for the management and operation of a Vessel Monitoring System established by the Minister. The operator and master of a national vessel commits an offence where the vessel: is used for fishing or conducting related activities in Eritrean waters or high seas in contravention of any condition of a license or authority; or in contravention of any provision of any applicable regulation; doesn't comply with satellite-tracking requirements; or is used to tranship, offload or land fish or other aquatic organisms caught in Eritrean waters outside of Eritrean waters. The Minister may instruct the Director General to maintain a list of IUU vessels established in accordance with the terms laid down by any international, regional or bilateral body of which the State of Eritrea is a member. IUU is defined. The Minister may exchange and provide information, including evidentiary material, related to non-compliance with any provision of this Proclamation or with any international conservation and management measure, to the appropriate authorities of: (a) the flag state of any foreign fishing vessel suspected of such non-compliance; (b) in terms of any international, regional or bilateral agreement of which the State of Eritrea is a signatory; or (c) any international, regional or bilateral body of which the State of Eritrea is a member.
The Proclamation furthermore provides with respect to, among other things, definition of national vessels, fisheries access agreements, foreign fishing vessel licences, national fishing vessel licences, other licences (to be defined by Regulations), aquaculture licences, culture, introduction and transfer of aquatic organisms, prevention and reporting of disease or harmful organism in aquaculture, enforcement measures, regulation-making powers of the Minister and offences. The Minister may make regulations for the issue of industrial, semi-industrial or artisanal fishing licences and determine any other category of national fishing licence in addition to those already stated.
The Ministry of Marine Resources shall be responsible for the management and development of the fisheries resource in Eritrea and for the administration of this Proclamation and the Minister (of Marine Resources) may appoint any public officer to serve as an authorised officer for the purposes of this Proclamation. A Fisheries Advisory Council shall advise on the management and development of fisheries and discharge such responsibilities as are conferred on it under this Proclamation.
The Minister may, to ensure the sustainable use of the marine fisheries, declare that (a) any fishery or fisheries, or (b) species of fish, or group of species, or (c) any area within the Eritrean waters shall be managed in accordance with a multi-annual Fishery Management Plan which shall set harvesting rules consisting of a predetermined set of biological parameters to govern catch limits at biologically sustainable levels. Contents of such plan are prescribed and consultation with all those who may be directly affected including local authorities, fishermen or leaders of fishermen's associations, beneficiaries or any government authority with a direct interest in the management of the fishery required. In fisheries management, the Minister shall , among other things, use the precautionary approach, have due regard of the interests of other states in the region in shared, straddling and migratory stocks and recommended international minimum standards and be guided by (specified) principles of good governance.
The Minister may issue regulations prescribing measures for the proper management of fisheries (seasons, gear, limited entry, etc.) and collect data on fisheries as required. No person may fish for any marine mammal or other protected species in Eritrean waters and taking of coral requires a permission. The Minister may, after consultation, declare marine protected areas where fishing is restricted or prohibited.
As for monitoring of fishing activities, the Director-General responsible for the regulatory Services Department of the Ministry shall establish a Fisheries Monitoring Centre and be responsible for the management and operation of a Vessel Monitoring System established by the Minister. The operator and master of a national vessel commits an offence where the vessel: is used for fishing or conducting related activities in Eritrean waters or high seas in contravention of any condition of a license or authority; or in contravention of any provision of any applicable regulation; doesn't comply with satellite-tracking requirements; or is used to tranship, offload or land fish or other aquatic organisms caught in Eritrean waters outside of Eritrean waters. The Minister may instruct the Director General to maintain a list of IUU vessels established in accordance with the terms laid down by any international, regional or bilateral body of which the State of Eritrea is a member. IUU is defined. The Minister may exchange and provide information, including evidentiary material, related to non-compliance with any provision of this Proclamation or with any international conservation and management measure, to the appropriate authorities of: (a) the flag state of any foreign fishing vessel suspected of such non-compliance; (b) in terms of any international, regional or bilateral agreement of which the State of Eritrea is a signatory; or (c) any international, regional or bilateral body of which the State of Eritrea is a member.
The Proclamation furthermore provides with respect to, among other things, definition of national vessels, fisheries access agreements, foreign fishing vessel licences, national fishing vessel licences, other licences (to be defined by Regulations), aquaculture licences, culture, introduction and transfer of aquatic organisms, prevention and reporting of disease or harmful organism in aquaculture, enforcement measures, regulation-making powers of the Minister and offences. The Minister may make regulations for the issue of industrial, semi-industrial or artisanal fishing licences and determine any other category of national fishing licence in addition to those already stated.
Attached files
Date of text
Entry into force notes
This Proclamation shall enter into force as of the date of its publication in the Gazette of Eritrean Laws.
Repealed
No
Serial Imprint
Gazette of Eritrean Laws, Vol. 22, No. 2 of 13 October, 2014
Source language
English
Legislation Amendment
No