Fisheries Management and Development Act, 1988 (Act No. 4).

This Act provides for the management, planning and development of the fisheries of Sierra Leone in the water over which fisheries jurisdiction is asserted from time to time. Authority and administration is covered by Part II; exclusive management and control over the fisheries and other aquatic resources is vested in the Government, with responsibility for administering the Act placed upon the Minister responsible for Agriculture, natural resources and forestry , though a Department of Fisheries is also created by the Act. A Fishery Advisory Board is established to advise the Minister on the formulation of a national policy for fisheries management and development, in order to coordinate policies and actions of ministries and other government agencies regarding fisheries. In addition, there is established a Scientific and Technical Committee to advise the Minister on the biological, social, economic and technical aspects of fisheries. Part III deals with the management and development of the fisheries of Sierra Leone. The Director is required to prepare and keep under continual review plans for the management and development of the fisheries. These plans, accompanied by available information, are to: identify the fishery resources and estimate potential average annual yields; assess the present state of exploitation, taking into account all relevant biological, social and economic factors; determining whether the fishing activities should be increased, decreased or remain the same, and, if sufficient information is available, determine the total allowable
catch that may be allowed from each fishery; specify measures, if any, for the development of local fisheries; determine the amount of fishery resources, if any, to be made available to foreign vessels on an annual basis; specify the conservation and management measures to be enforced to avoid over-exploitation, and specify necessary research. The Act also spells out the objects and purposes the Director-General has to take into account in the preparation of such plans. Likewise, the Minister is given special powers to protect and promote artisanal and semi-industrial fisheries, and to consult with foreign governments on fisheries matters, especially where shared or straddling stocks are involved. Part IV sets out the basis of licensing of local fishing vessels, fixed fishing gear and beach seine, and covers applications for licences, grounds for refusal, cancellation, suspension, or modification of licence conditions (including a right of appeal to the Minister from the licensing officer's decision), validity, transferability (which may be allowed where the Minister wishes to restrict effort in respect of any fishery under a fishery management plan) and fees.
Part V deas with foreign fishing vessels, in particular, the requirement of a licence for fishing (not to exceed one year) and loading or transshipping fish, the determination in the applicable fishery management and development plan of a surplus for foreign vessels, and the existence of a fishing agreement between the Government and the flag State.
Further, a non-exhaustive list of conditions is set out. The Director is also authorized (on being satisfied that there is local operational control) to approve certain types of charter on agreements for the use of a foreign fishing vessel with the consequence that it will be treated as a local industrial fishing vessel. Other provisions concern the appointment of a local agent or the posting of performance bonds where required by the Director, the cancellation, suspension or modification of licences, and fees. Part VI deals with conservation measures, which cover prohibited fishing measures (e.g. dynamiting etc.) the observation of mesh specifications and the requirement that any person or government department planning any non-fishing activity which is likely to have a substantial impact on the fishery or other aquatic resources is to inform the Director of such plans and to consult with him prior to commencement of the activity with a view to the conservation and protection of those resources. Part VII deals with enforcement and surveillance measures, and Part VIII with offences and legal proceedings. Part IX (Miscellaneous) in addition to the regulation making power for the proper management, development and regulation og the fisheries of Sierra Leone, authorizes the Minister to make regulation (in consultation with the Minister responsible for health) for fish processing establishments, and to exempt vessels or persons from the Act or regulations for scientific research purposes.