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Fisheries Regulation 1995 (No. 2 of 1995).

Type of law
Regulation
Source


Abstract
This Regulation is divided into the following Parts: Interpretation (I); Licences (II); Fishing Boats (III); Other Fishing (IV); Buyers and Agents (V); Storage, Processing and Exports (VI) Miscellaneous (VII).
The Regulation establish the activities for which the issuance of a licence is required (e.g., commercial fishing, commercial buying, storage or processing of fish, game fishing, etc.), as well as licence fees, duration, suspension, refusal to issue, cancellation and termination of fishing licences. Specific provisions are made with respect to fishing boats licences. In particular, the Regulation sets out the procedure, conditions and the criteria for the allocation of the licences and the restrictions to be made on their issuance. Articles 23-25 concern the obligations of the operator of a licensed boat (inter alia, marking of vessels, data reporting, submission of a preliminary and final trip reporting). Moreover, a licensed boat shall be subject to an inspection at a designated port at the commencement of each licence period (art. 26). Parts IV and V lay down the procedure for the issuance of licences regarding other fishing activities. Further provisions concern the following: (a) licensing of fish storage facilities and fish factories; (b) health requirements for the storage and processing of fish for human consumption; (c) export and trade of fish; (d) offences and penalties; (e) issuance of certificates by the Minister or the competent officers according to the provisions of articles 51 and 52. As far as the storage and processing of fish for human consumption is concerned, the Regulation establishes the procedure and the health requirements to be met for the licensing of fish storage facilities and fish factories. The competent officer may appoint an analyst to perform laboratory tests and carry out inspections during every phase of storage, processing, loading, packing or transportation of the fish. In accordance with the present Regulation and with the legislation in force relating to food for human consumption, a trade description shall be issued, containing, either in the case of fish intended for export or for domestic trade, information on the following: (a) fish species and processing methods; (b) net weight; (c) name/registered mark of the producer; (d) place of production. A fish storage facility or a fish factory of a licensed boat may be licensed as a fish export facility, upon submission of the specific application form (Form 19 of Schedule 1) and in accordance with the requirements established in article 43, paragraph (5). The person who intends to export shall, within a reasonable time before the proposed date of shipment, submit to the competent authority a notice of export as in Form 20 of Schedule 1. Restrictions on export may be made by the competent authority in case the requirements set out in the Regulation are not satisfied. Final provisions concern offences and penalties and the different types of certificates to be issued by the appropriate authorities. The Regulation is followed by four Schedules on the following: (1) model form of the applications and relevant licences as provided for in the Regulation; (2) Duration and fees; (3) Marking of vessels; (4) Report forms. Schedules 2, 3 and 4 are not available.
Long title of text
Being a Regulation, made by the Head of the State, acting with, and in accordance with, the advice of the National Executive Council, under the Fisheries Act 1994.
Date of text
Repealed
No
Source language

English

Legislation Amendment
No
Implements