Law No. 2 of 2006 regulating fishing, exploitation and protection of aquatic organisms.
Country
Type of law
Legislation
Abstract
This Law consisting of 78 articles divided in VI Parts aims at (i) protecting and developing in a sustainable manner marine creatures and their marine environment from random fishing and detriment practices; (ii) encouragement and organization of investment in the field of fishing and exploiting of marine creatures and their marketing, also strengthening the cooperative sector; (iii) organizing artisanal and coastal fishing activities to replace foreign industrial fishing; (iv) encouraging investments in the field of aquaculture; (v) promoting the creation of an integrated information data base; (vi) strengthening marine control and surveillance so as to ensure the safeguard of fish wealth, the combating of smuggling, the prohibition of non regulated and illegal fishing; (vii) supporting researches to achieve the economical aims of the sustainable exploitation of marine creatures; and (viii) protecting the quality of fish production through the development of the artisanal fishing.
The Law prescribes the requirements of fishing boats with regards to fishing, and specifies the powers and competences of the Ministry of Fish Wealth (MFW), together with the competences of its branches in coastal cities, and the requirements for coastal and industrial vessels. Fishing vessels are classified according to boat length and engine power.
General provisions to practice fishing activities establish that (i) local and foreign companies are allowed to fishing marine creatures only under an agreement concluded with the Ministry; (ii) a license is necessary to practice any fishing or receiving activity or transportation of marine creatures; (iii) it is required to adhere to the resolutions of the Ministry in opening and closing the fishing seasons; (iv) it is banned to work in the field of fishing and exploitation of marine creatures under a sub-contract or sub-agreement; (v) responsible for supervising fishing activity and exploitation of the marine creatures and their sustainable development is the MFW and the details of its powers at regard are listed in art.8; (vi) the Minister has the right to issue licenses related to fisheries researches. This section lays down as well requirements and criteria for the traditional, coastal and industrial fishing and develops means and methods related to the exploitation of aquatic livings.
The artisanal fishing is encouraged, provided that it is conducted by methods and gears defined by the Ministry and after the obtainment of the necessary licenses (the same is for the coastal fishing). The Law specifies different areas for each vessel category: the first 5 miles from the coast is allocated to artisanal boats, beyond 5 miles for coastal boats and beyond 12 miles for industrial boats. Aquaculture is permitted, after obtaining a license, in the sites identified by the Ministry with the aim of strengthening the sock of some marine creatures or improving their quality.
The Law states also that (i) local and foreign fisheries societies, as well as artisanal fisherman are banned from landing their caught in other landing centers and auction halls than those defined by the Ministry; (ii) selling marine creatures is only possible in the landing centers or auction selling sites or at the markets and shops, observing that health and trading conditions are existing; (iii) State returns shall be collected at the rate of 3% from the value of production of artisanal fish, crustacean, and molluscan caught; (iv) fisheries cooperative societies shall be eligible to market their products locally and abroad; (v) the Ministry shall undertake periodical monitoring and control over the factories and plants of processing, canning and storing marine creatures and the means of their transportation;
The VI Parts of the law are entitled as follows: Recitation, Definitions and Objectives (I); Organization of catching marine creatures (II); Breeding of marine creatures, their development, marketing and processing (III); Control and Protection of Marine Creatures (IV); Penalties (V); and Final Provisions (VI).
The Law prescribes the requirements of fishing boats with regards to fishing, and specifies the powers and competences of the Ministry of Fish Wealth (MFW), together with the competences of its branches in coastal cities, and the requirements for coastal and industrial vessels. Fishing vessels are classified according to boat length and engine power.
General provisions to practice fishing activities establish that (i) local and foreign companies are allowed to fishing marine creatures only under an agreement concluded with the Ministry; (ii) a license is necessary to practice any fishing or receiving activity or transportation of marine creatures; (iii) it is required to adhere to the resolutions of the Ministry in opening and closing the fishing seasons; (iv) it is banned to work in the field of fishing and exploitation of marine creatures under a sub-contract or sub-agreement; (v) responsible for supervising fishing activity and exploitation of the marine creatures and their sustainable development is the MFW and the details of its powers at regard are listed in art.8; (vi) the Minister has the right to issue licenses related to fisheries researches. This section lays down as well requirements and criteria for the traditional, coastal and industrial fishing and develops means and methods related to the exploitation of aquatic livings.
The artisanal fishing is encouraged, provided that it is conducted by methods and gears defined by the Ministry and after the obtainment of the necessary licenses (the same is for the coastal fishing). The Law specifies different areas for each vessel category: the first 5 miles from the coast is allocated to artisanal boats, beyond 5 miles for coastal boats and beyond 12 miles for industrial boats. Aquaculture is permitted, after obtaining a license, in the sites identified by the Ministry with the aim of strengthening the sock of some marine creatures or improving their quality.
The Law states also that (i) local and foreign fisheries societies, as well as artisanal fisherman are banned from landing their caught in other landing centers and auction halls than those defined by the Ministry; (ii) selling marine creatures is only possible in the landing centers or auction selling sites or at the markets and shops, observing that health and trading conditions are existing; (iii) State returns shall be collected at the rate of 3% from the value of production of artisanal fish, crustacean, and molluscan caught; (iv) fisheries cooperative societies shall be eligible to market their products locally and abroad; (v) the Ministry shall undertake periodical monitoring and control over the factories and plants of processing, canning and storing marine creatures and the means of their transportation;
The VI Parts of the law are entitled as follows: Recitation, Definitions and Objectives (I); Organization of catching marine creatures (II); Breeding of marine creatures, their development, marketing and processing (III); Control and Protection of Marine Creatures (IV); Penalties (V); and Final Provisions (VI).
Attached files
Web site
Date of text
Entry into force notes
This Law enters into force on the date of its publication in the Official Gazette.
Repealed
No
Serial Imprint
Official Gazette No. 2, 31 January 2006, 22 pp.
Source language
English
Legislation Amendment
No
Original title
قانون رقم 2 لسنة 2006م بتنظيم صيد واستغلال الأحياء المائية وحمايتها