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Fisheries (Management and Development) Decree, 1994.

Country
Type of law
Legislation
Source


Abstract
This Decree lays down better provisions for the management, planning and development of fisheries and the fishing industry in Sierra Leone and other aspects relating specifically to the establishment of a system of public control over fishing and the use of nets.
Part I includes definitions of the concept used in it. Part II deals with the jurisdiction and administrative aspects. Management may be exercised by the Government either directly or through the Secretary of State, the Director of Fisheries or any other authorized officer. The Decree establishes a Department for Fisheries and Marine Resources. Part III is devoted to the management and development of fisheries in Sierra Leone and provides for fisheries planning. The Director is required to consult the authorities of other States in the region in order to harmonise their management and development plans which must be approved by the Director in order to become effective. Part V deals with local fishing boat licences and fixed fishing gear. A local fishing licence may be used for any local fishing boat or fixed fishing equipment.
Part V deals with foreign fishing boats. No foreign fishing boats are allowed to enter the fishery zones unless this is for purposes authorized under international law and foreign fishing boats may not be used for fishing or for allied activities in fishery zones unless they are authorized under a licence issued under the terms of this Decree. A fishing licence may be issued only on the basis of an access agreement or a lease contract in accordance with this Decree. Any citizen of Sierra Leone or any eligible company may conclude lease contracts for the use of foreign boats, but the agreement must be approved by the Director and registered. Applicant for a licence must appoint an agent in Sierra Leone. Part VI of the Decree provides conservation measures including limiting the fishing areas, close seasons, restricting the use of nets, protecting pregnant lobsters, their young and other crustaceans, prohibiting certain fishing methods and the fishing of marine mammals in fishing zones, fishing reserves, and the control of contaminants. Part VI is devoted to the formation, importing and recruiting of crews for motor-driven fishing boats. Part VIII deals with the issue of licences in general. Part IX deals with the control and monitoring of legislation and its enforcement. This Part provides also for the creation of the Monitoring, Control, and Enforcement Unit and regulates inspectors and observers and defines their obligations. Part X covers the sale, release and loss of impounded property. Part XI deals with jurisdiction and evidence, whereas Part XII is devoted to procedure. Part XIII contains a number of provisions governing: information, intentional damage to foreign boats, nets, fish processing, importing and exporting fish and fish products for commercial purposes, the transhipment of fish, etc.
Part XIV empowers the Secretary of State to issue regulations in compliance with this Decree in the pursuit of its objectives, and other provisions for its management. Part XV deals with waivers and exceptions.
Long title of text
A Decree to make better provisions for the Management, Planning and Development of the Fisheries and the Fishing Industries of Sierra Leone, and for related matters.
Date of text
Repealed
Yes
Serial Imprint
Sierra Leone Gazette vol. CXXV, supplement, 8 December 1994, pp. 1-65.
Publication reference
FAL No. 44, 1995, pp. 280-288.
Source language

English

Legislation Amendment
No