The Fisheries Act 2023.
Country
Type of law
Legislation
Abstract
This Law regulates the conservation, management, development and sustainable use of fisheries and aquaculture resources in the maritime zones of Mauritius and beyond. It is organized in 17 parts, multiple sections and a total of 210 articles.
Part I – Preliminary: This part contains the short title, interpretation, and application of the Act.
Part II – Objectives and Principles: This part sets out the objectives and general principles of the Act, as well as the good governance principles for fisheries and aquaculture. The general objective of this Act shall be to ensure the long-term conservation, management and development of fisheries and aquaculture in Mauritius while safeguarding the marine resources, biodiversity, environment and ecosystems for the benefit of the people of Mauritius.
Part III – Administration of Fisheries and Aquaculture: This part deals with the administration of the Act, the delegation of powers, and the establishment of a Consultative Committee.
Part IV – Conservation, Management, Development and Sustainable Use: This part covers the conservation and management measures, the implementation of international measures, the allowable catches and allocations, the fisheries management plans, the research, and the protection of endangered species.
Part V – General Requirements for Fishing and Other Activities: This part specifies the compliance, reporting, and transhipment requirements for fishing and other activities, as well as the requirements for compliance with labour conditions and prohibition to engage with transnational criminal groups.
Part VI – Requirements for Fisheries Access: This part regulates the fisheries access agreements, the joint venture and charter agreements, the fisheries management agreements, and the performance bonds.
Part VII – Fish Farming and Aquaculture: This part provides for the fish farming and aquaculture activities, the fish farming zones and industry, the concessions and licences, the disease outbreak, and the import and export of live aquatic organisms.
Part VIII – Import and Export of Fish and Fish Products: This part establishes the import and export requirements for fish and fish products, the trusted trader certificate, the quarantine procedures, and the prohibition to dispose or release imported live ornamental fish.
Part IX – Information, Data and Statistics: This part sets up the information system, the information required and inspected, the information sharing, the confidentiality, the ownership, and the public access to information.
Part X – Licences, Authorisations and Registrations: This part lays down the general requirements, terms and conditions, process, and registers for licences, authorisations and registrations, as well as the specific requirements for fishing vessels, fishmongers, fishers, gears, and other activities.
Part XI – Monitoring, Control and Surveillance: This part outlines the functions and powers of fisheries control officers and fisheries enforcement officers, the observers, the protection and obstruction of authorised persons, the monitoring systems and fisheries monitoring centre, and the port state measures.
Part XII – Disposal, Release and Forfeiture of Seized Items: This part prescribes the disposal of perishable seized goods, the release of seized items upon bond or security, the release of seized items by supervising officer or Court, and the disposal of forfeited items.
Part XIII – Jurisdiction, Prosecution and Liabilities: This part defines the jurisdiction and prosecution, and the liabilities of associations, operators, and principals for actions of agents.
Part XIV – Administrative Proceedings: This part establishes the Administrative Sanctions Commission, the conduct of administrative proceedings, and the payment of administrative penalty.
Part XV – Evidence: This part deals with the certificate evidence, the certificate of location of fishing vessel, the photographic evidence, the evidence from position fixing instrument, the vessel monitoring system evidence, the satellite based evidence, the presumptions, and the interference with evidence.
Part XVI – Offences, Fines and Other Penalties: This part lists the offences and fines, the guidelines for determination of fines, the increased maximum fine for associations, and the other penalties such as deprivation of monetary benefits, compensation, banning order, forfeiture order, and cancellation order. It also introduces the fixed penalty offences and fixed penalties.
Part XVII – Miscellaneous: This part covers the protection from liability, the regulations, the repeal, the consequential amendments, the saving and transitional provisions, and the commencement. It also contains six schedules.
Part I – Preliminary: This part contains the short title, interpretation, and application of the Act.
Part II – Objectives and Principles: This part sets out the objectives and general principles of the Act, as well as the good governance principles for fisheries and aquaculture. The general objective of this Act shall be to ensure the long-term conservation, management and development of fisheries and aquaculture in Mauritius while safeguarding the marine resources, biodiversity, environment and ecosystems for the benefit of the people of Mauritius.
Part III – Administration of Fisheries and Aquaculture: This part deals with the administration of the Act, the delegation of powers, and the establishment of a Consultative Committee.
Part IV – Conservation, Management, Development and Sustainable Use: This part covers the conservation and management measures, the implementation of international measures, the allowable catches and allocations, the fisheries management plans, the research, and the protection of endangered species.
Part V – General Requirements for Fishing and Other Activities: This part specifies the compliance, reporting, and transhipment requirements for fishing and other activities, as well as the requirements for compliance with labour conditions and prohibition to engage with transnational criminal groups.
Part VI – Requirements for Fisheries Access: This part regulates the fisheries access agreements, the joint venture and charter agreements, the fisheries management agreements, and the performance bonds.
Part VII – Fish Farming and Aquaculture: This part provides for the fish farming and aquaculture activities, the fish farming zones and industry, the concessions and licences, the disease outbreak, and the import and export of live aquatic organisms.
Part VIII – Import and Export of Fish and Fish Products: This part establishes the import and export requirements for fish and fish products, the trusted trader certificate, the quarantine procedures, and the prohibition to dispose or release imported live ornamental fish.
Part IX – Information, Data and Statistics: This part sets up the information system, the information required and inspected, the information sharing, the confidentiality, the ownership, and the public access to information.
Part X – Licences, Authorisations and Registrations: This part lays down the general requirements, terms and conditions, process, and registers for licences, authorisations and registrations, as well as the specific requirements for fishing vessels, fishmongers, fishers, gears, and other activities.
Part XI – Monitoring, Control and Surveillance: This part outlines the functions and powers of fisheries control officers and fisheries enforcement officers, the observers, the protection and obstruction of authorised persons, the monitoring systems and fisheries monitoring centre, and the port state measures.
Part XII – Disposal, Release and Forfeiture of Seized Items: This part prescribes the disposal of perishable seized goods, the release of seized items upon bond or security, the release of seized items by supervising officer or Court, and the disposal of forfeited items.
Part XIII – Jurisdiction, Prosecution and Liabilities: This part defines the jurisdiction and prosecution, and the liabilities of associations, operators, and principals for actions of agents.
Part XIV – Administrative Proceedings: This part establishes the Administrative Sanctions Commission, the conduct of administrative proceedings, and the payment of administrative penalty.
Part XV – Evidence: This part deals with the certificate evidence, the certificate of location of fishing vessel, the photographic evidence, the evidence from position fixing instrument, the vessel monitoring system evidence, the satellite based evidence, the presumptions, and the interference with evidence.
Part XVI – Offences, Fines and Other Penalties: This part lists the offences and fines, the guidelines for determination of fines, the increased maximum fine for associations, and the other penalties such as deprivation of monetary benefits, compensation, banning order, forfeiture order, and cancellation order. It also introduces the fixed penalty offences and fixed penalties.
Part XVII – Miscellaneous: This part covers the protection from liability, the regulations, the repeal, the consequential amendments, the saving and transitional provisions, and the commencement. It also contains six schedules.
Attached files
Web site
Long title of text
An Act to repeal the Fisheries and Marine Resources Act and replace it by a more appropriate legislative framework following the recommendations made by the Directorate-General for Maritime Affairs and Fisheries of the European Commission (DG MARE).
Date of text
Repealed
No
Source language
English
Legislation Amendment
No
Implemented by