Sea Fisheries Act, 1992 (Act 29 of 1992).
Country
Type of law
Legislation
Abstract
An Act to provide for the conservation of marine ecology and the control of sea fisheries.
The text contains 44 sections divided into XII Parts: General Policy for the Conservation and Utilization of and Control over Marine Resources (I); Administration of the Act (II); Sea Fishery Advisory Council (III); Rights of Exploitation (IV); Quotas (V); Promotion of Fishing Industry and Levies (VI); Licencing and other Measures (VII); Regulations (VIII); Offences and Penalties and Forfeiture and Seizure (IX); Jurisdiction, Evidence, Limitation of Liability and Release of Seized Property (XI); Miscellaneous (XII); Repeal and Savings (XII).
The text of the Act opens with an extensive interpretation section. Section 2 empowers the Minister of Fisheries and Marine Resources to determine the general policy with regard to the conservation and utilization of Namibian marine resources. For purposes of this Act the President may, by Proclamation published in the Official Gazette, determine the northern and southern limits of the territorial sea and the EEZ of Namibia (sect. 4). Sections 5 to 7 provide for powers of fishery officers and for honarary fishery officers. A Sea Fishery Advisory Council is established under section 8. Any person wishing to acquire a right to "utilise" living marine resources shall apply to the Minister for a right of exploitation pursuant to section 14. The Minister shall from time to time, and after consultation with the Fishery Advisory Council, determine the total allowable catch in respect of a particular species of fish which shall be available for allocation of quotas. A person who holds a right of exploitation shall apply to the Minister for the allocation of a quota (sects. 15 and 16). Section 26 of Part VII provides for licensing of vessels and factories both in premises and on vessels. Section 27 marginally provides for foreign fishing: the Minister may grant fishing permits to foreign vessels on the basis of an agreement with the State to which the vessel belongs.
The text contains 44 sections divided into XII Parts: General Policy for the Conservation and Utilization of and Control over Marine Resources (I); Administration of the Act (II); Sea Fishery Advisory Council (III); Rights of Exploitation (IV); Quotas (V); Promotion of Fishing Industry and Levies (VI); Licencing and other Measures (VII); Regulations (VIII); Offences and Penalties and Forfeiture and Seizure (IX); Jurisdiction, Evidence, Limitation of Liability and Release of Seized Property (XI); Miscellaneous (XII); Repeal and Savings (XII).
The text of the Act opens with an extensive interpretation section. Section 2 empowers the Minister of Fisheries and Marine Resources to determine the general policy with regard to the conservation and utilization of Namibian marine resources. For purposes of this Act the President may, by Proclamation published in the Official Gazette, determine the northern and southern limits of the territorial sea and the EEZ of Namibia (sect. 4). Sections 5 to 7 provide for powers of fishery officers and for honarary fishery officers. A Sea Fishery Advisory Council is established under section 8. Any person wishing to acquire a right to "utilise" living marine resources shall apply to the Minister for a right of exploitation pursuant to section 14. The Minister shall from time to time, and after consultation with the Fishery Advisory Council, determine the total allowable catch in respect of a particular species of fish which shall be available for allocation of quotas. A person who holds a right of exploitation shall apply to the Minister for the allocation of a quota (sects. 15 and 16). Section 26 of Part VII provides for licensing of vessels and factories both in premises and on vessels. Section 27 marginally provides for foreign fishing: the Minister may grant fishing permits to foreign vessels on the basis of an agreement with the State to which the vessel belongs.
Attached files
Long title of text
An Act to provide for the conservation of marine ecology and the orderly exploitation, conservation, protection and promotion of certain marine resources; for that purpose to provide for the exercise of control over sea fisheries; and to provide for matters connected therewith.
Date of text
Entry into force notes
On the date to be fixed by Proclamation of the President.
Notes
The Laws specified in the Schedule of the Act are repealed.Promulgation of Law of the National Assembly by G.N. No. 135 of 1992.
Repealed
Yes
Serial Imprint
Government Gazette of the Republic of Namibia No. 439, 1 October 1992.
Source language
English
Legislation Amendment
No
Implemented by
Repealed by