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Fisheries Law, 1991 (Law No. 256 of 1991).

Country
Type of law
Legislation
Source


Abstract
Part I concerns licences for building or import of motor fishing vessels. A licence by the Secretary for Industries in consultation with the Secretaries for Transport and Communications and Agriculture is required for the building of any motor fishing vessel, whose design must be approved by the Shipping Commissioner. The building and sale of such vessels is supervised by the Shipping Commissioner. Regulations providing for construction standards, the issue of licences and certificates of seaworthiness may be issued. A prior approval is required for the import into Ghana of any motor fishing vessel, while vessels which are more than five years of age from the date of construction (seven if tuna fishing vessels) may not be imported. Part II concerns the licensing of fishing crafts. All fishing operations are prohibited without licence in the "coastal waters and riverine system of Ghana" (art. 3). The licensing of both vessels owned by Ghanaians and foreigners is allowed only if the vessel is registered with the appropriate authorities and a certificate of seaworthiness has been issued in respect of it. Part III concerns manning of motor fishing vessels, including provisions on certificates of competence. Part IV includes prohibition of fishing in specified zones and seasons, provisions on fishing methods and marking of motor fishing vessels and fishing canoes. Part V concerns monitoring, control, surveillance and enforcement. A Fisheries Monitoring, Control, Surveillance and Enforcement Unit is established at the Ministry of Agriculture. The Unit is responsible for monitoring, control and surveillance in coastal waters and the riverine system, and generally for the enforcement of the Act. Personnel is to be taken from the Ghana navy, air force and Department of Fisheries. Powers conferred upon the members of the Unit are as those conferred on police officers. The Unit is given specific powers for the arrest of persons or fishing crafts for breach of the provisions of the Act, and for boarding of fishing crafts to inspect licences and fishing gear. A technical committee with representatives of a number of government departments is established to coordinate policies affecting fisheries and to give advice particularly on monitoring, control and surveillance and operational manuals to be prepared. Part VI (miscellaneous) includes the obligation to notify the transfer of ownership of licensed fishing crafts; the requirement of permits to import or export live fish; the prohibition of transshipment from tuna fishing vessels before landing; restrictions on the export and the sale of tuna by species; the prohibition for fishing crafts registered in Ghana or fishing in Ghana to land or discharge catch outside Ghana, including the high seas; the prohibition to use explosives; the requirement of seventy-five percent of the crew of licensed fishing vessels to be Ghanaian, unless otherwise authorized; the establishment of a Fisheries Advisory Council, to include representatives of various Government Departments and fisheries associations to advise the Secretary on matters relating to fisheries management and industries.
Date of text
Notes
This Law repeals the Fisheries Decree, 1979. Other than Part I (Building and Importation of motor fishing vessels), it is itself repealed by Fisheries Act, 2002 (Act No. 625 of 2002).
Repealed
Yes
Serial Imprint
Official Gazette, June 1991, 22 pp.
Publication reference
FAL No. 41, 1992, pp. 236-240.
Source language

English

Legislation Amendment
No
Repealed by