Fisheries Act of the Maldives (No. 14/2019).
Country
Type of law
Legislation
Abstract
This Act provides for the sustainable management of fisheries and marine resources and their ecosystems in the maritime zones of the Maldives, provides for the control of fishing by all persons within the maritime zones of the Maldives as well as fishing by Maldivians outside the maritime zones of the Maldives, and lays down the principles and bases for the development and management of the fisheries and aquaculture industry. The Act consists of 88 sections divided into 12 Chapters: Preamble (1); Implementation of Law (2); Fisheries Planning and Management (3); Fishing and Related Activities in the Maritime Zones of the Maldives (4); Fishing Beyond the Maritime Zones of the Maldives (5); Deterring Illegal Fishing (6); Licensing Rules (7); Aquaculture (8); Monitoring, Control and Surveillance System (9); Offences and Penalties (10); Jurisdiction and Assumptions (11); Miscellaneous (12). "Related activities" in this Act is defined to include, among other things, transhipment of fish or fisheries products to a vessel or from a vessel to another place and refuelling or supplying fuel to fishing vessels or providing any activity or service in support of fishing operations.
Among the principal objectives of this Act there are- (1) to provide for the sustainable use of fisheries resources of the Maldives and their ecosystems for the future generations of the Maldives; (2) to provide a framework for the protection and management of the fisheries resources of the Maldives and their ecosystems in accordance with principles of equity and good governance; (3) to formulate a complete system to develop and manage the aquaculture industry for contribution to economic development; (4) to formulate principles to prevent, deter and eliminate illegal, unregulated and unreported (IUU) fishing; (5) to develop a legal framework to enforce state obligations pursuant to international conventions participated by the Republic of Maldives in respect of fishing and fisheries; (6) to protect fishermen, and encourage participation of youth and equal participation of both sexes in the fisheries sector.
The Ministry shall have the principal mandate for the sustainable planning, management and development of the fisheries resources and their ecosystems in the maritime zones of the Maldives in accordance with this Act. It shall have the power to formulate and implement policies, regulations and measures in respect of a wide variety of matters and shall take into account the Fisheries Planning and Management Objectives and Principles. The Ministry shall establish and promote a system of collaboration, participatory decision making, good governance and transparency in the management of the fisheries resources of the Maldives and actions taken by the Ministry and any person authorised under this Act shall be consistent with the gender equity and the climate change policies and legislation of the Maldives. The Ministry shall prepare and keep under review fishery management plans for the planning and management of each of the fisheries determined under this Act. In every fishery management plan, an advisory committee shall be established to advise the Ministry in the implementation and review of such plan. The Ministry may make regulations for, among other things, eliminating illegal, unreported and unregulated fishing by all persons in the maritime zones of the Maldives and by Maldivians outside the maritime zones of the Maldives and the exercise of port State control in respect of fishing vessels.
The Ministry may allocate Aquaculture Activity Areas and shall prepare and keep under review aquaculture management plans for the planning, development and management of aquaculture, in accordance with the objective and principles of this Act, and ensure the implementation of such plans. No person shall undertake aquaculture unless with a license issued by the Ministry. Regulations made under this Act shall specify the general standards of the use of types of food, drugs and disinfectants in aquaculture. An Environmental Impact Assessment Report shall be required before an aquaculture license shall be issued.
Fish caught by Maldivian fishing vessels from the maritime zones of the Maldives can be taken and sold to foreign countries the basis of an agreement with that country and after obtaining permit from the Ministry in accordance with the rules provided for in this Act and regulation made under this Act. Foreign fishing vessels shall enter the maritime zones of the Maldives after obtaining permission from the Ministry in advance. The Act also provides for the establishment of Offshore Platforms for purposes of servicing the fish industry. The Government authority responsible for food safety shall determine and provide for in regulation formulated by such authority, the cleanliness standards to be adhered by fish products businesses.
Among the principal objectives of this Act there are- (1) to provide for the sustainable use of fisheries resources of the Maldives and their ecosystems for the future generations of the Maldives; (2) to provide a framework for the protection and management of the fisheries resources of the Maldives and their ecosystems in accordance with principles of equity and good governance; (3) to formulate a complete system to develop and manage the aquaculture industry for contribution to economic development; (4) to formulate principles to prevent, deter and eliminate illegal, unregulated and unreported (IUU) fishing; (5) to develop a legal framework to enforce state obligations pursuant to international conventions participated by the Republic of Maldives in respect of fishing and fisheries; (6) to protect fishermen, and encourage participation of youth and equal participation of both sexes in the fisheries sector.
The Ministry shall have the principal mandate for the sustainable planning, management and development of the fisheries resources and their ecosystems in the maritime zones of the Maldives in accordance with this Act. It shall have the power to formulate and implement policies, regulations and measures in respect of a wide variety of matters and shall take into account the Fisheries Planning and Management Objectives and Principles. The Ministry shall establish and promote a system of collaboration, participatory decision making, good governance and transparency in the management of the fisheries resources of the Maldives and actions taken by the Ministry and any person authorised under this Act shall be consistent with the gender equity and the climate change policies and legislation of the Maldives. The Ministry shall prepare and keep under review fishery management plans for the planning and management of each of the fisheries determined under this Act. In every fishery management plan, an advisory committee shall be established to advise the Ministry in the implementation and review of such plan. The Ministry may make regulations for, among other things, eliminating illegal, unreported and unregulated fishing by all persons in the maritime zones of the Maldives and by Maldivians outside the maritime zones of the Maldives and the exercise of port State control in respect of fishing vessels.
The Ministry may allocate Aquaculture Activity Areas and shall prepare and keep under review aquaculture management plans for the planning, development and management of aquaculture, in accordance with the objective and principles of this Act, and ensure the implementation of such plans. No person shall undertake aquaculture unless with a license issued by the Ministry. Regulations made under this Act shall specify the general standards of the use of types of food, drugs and disinfectants in aquaculture. An Environmental Impact Assessment Report shall be required before an aquaculture license shall be issued.
Fish caught by Maldivian fishing vessels from the maritime zones of the Maldives can be taken and sold to foreign countries the basis of an agreement with that country and after obtaining permit from the Ministry in accordance with the rules provided for in this Act and regulation made under this Act. Foreign fishing vessels shall enter the maritime zones of the Maldives after obtaining permission from the Ministry in advance. The Act also provides for the establishment of Offshore Platforms for purposes of servicing the fish industry. The Government authority responsible for food safety shall determine and provide for in regulation formulated by such authority, the cleanliness standards to be adhered by fish products businesses.
Attached files
Web site
Date of text
Repealed
No
Publication reference
Unofficial Translation of the Ministry of Fisheries, Marine Resources and Agriculture.
Source language
English
Legislation status
in force
Legislation Amendment
No
Implemented by