Fisheries and Marine Resources Act (Act No. 22 of 1998).

This Act provides for the management, conservation and protection of fisheries and marine resources, and for the protection of the marine ecosystems within the Republic of Mauritius and its territorial waters. The Act consists of 76 sections divided into 10 Parts. Part I (Preliminary), includes an interpretation of the major phrases used within the Act. Part II concerns the management of fisheries and marine resources; including the set up of Consultative Committees by the relevant Minister. All fishermen are required under section 5 to register with the Permanent Secretary (not defined within the Act). Section 8 establishes a Marine Protected Area Fund for the purposes of management of marine protected areas as defined by the Wildlife and National Parks Act 1993. Section 9 empowers the Minister by way of regulations to prescribe measures for the protection, conservation and management of fisheries and marine resources. Part III specifies that fish farming requires authorization and registration from the Permanent Secretary unless the Minister by way of regulations provides exemptions. Section 15 makes references to the provisions necessary in the event of a disease outbreak. Part IV refers to the restrictions placed on fishing activities including a prohibition on underwater fishing without the written permission of the Secretary (sect. 17) and prescribes closed periods concerning fishing (sect. 18). Part V concerns restrictions placed on the export and import of fish and fish products. It also places restriction on importation and manufacture of implements. Part VI, which is divided into Sub-Part A and Sub-Part B, pertains to licensing of nets and implements (Sub-Part A) whereas Sub-Part B concerns the licensing of boats and vessels. Part VII relates to obligations related to boats and vessels including the provision that all boats must be registered with the Permanent Secretary. Information concerning the fishing vessels and boats, such as the name of the vessel and the date of build will be maintained in a register (sect. 50). Part VIII contains detailed provisions regarding the enforcement of the Acts obligations including the powers to search and seize, arrest and detain. Part IX states the penalties imposed for breaches of the Acts obligations. Part X is a miscellaneous chapter specifying the jurisdiction of the Act stating section 153 of the Criminal Procedure Act to be inapplicable for the purposes of this Act. Section 73 empowers the relevant Minster to issue regulations for the purpose of implementing this Act.