SIONED this 29th day of April, 1988.

J. S. MOMOH.President.

N•. 4

Sierra Leone

19~8

The Fisheries Management and Development Act,1988

~bort tltl •.

Being no Act to prurlde for the Management, Planning and Derelop­mcut of thc Fisheries of Sierra Leone :lUU for councctcd purpose,

Dalc o([ 1988] Commence-

mCDI.

Ba IT CNACTED by the President and Members of Parliamectin tbis present Parliament assembled, as follows:-

PART I-PRELIMINARY1. Thi, Act shall come into force on such date as the Minister Commeace

lDAy by notice published in the Gazette appoint. aac.l

1 No.4 Fisheries .1tfar:..:gcmem ami Development 198&

Jnlcrprcta·t10D.

Act No. a or1971.

2. In this Act, unless the context otherwise requires:"artisanat fisheries" means the traditional fi~hing by citizen'

o.r Sierra Leone: using artisanal ~shing vessels, tradj­ttonal fixed fislung gear or tradiuonnl beach seines:

"srtisanal fishing. vessel" means any local n~hing vesselof less than GO feet which is not motorized or which ispowcred by engines !)Ul docs not include vessels usedfor recreational Ilshiug ;

"authorized officer' means any public official within theMinistry or I\,liJ.Jlstry of Defence who is appointed assuch under section 35;

"Director" means ~he Director of Fisheries:

"fish" means any aquatic animal, whether vertebrate orinvertebrate, and j~s Y~lIl\g, fry, eggs, spawn, bu] doesnot Include aquattc birds;

"fisheries waters" includes the territorial waters as definedin the Interpretation Act, 1971, and any other watersover which fisheries jurisdiction may be claimed asdetermined from time to time:

"fisheries resources" means .th<? stock or species of fishand any habitat or fish withm the fisheries waters;

"fishing" means-

(a) the catching, taking, harvesting or killing of fish; or

(b) the attempted catching, taking, harvesting orkilling of {ish; or

(c) any activity which call reasonably be expectedto result III the catchtug, taking, harvesting orkilling of fish.

"fishing. gear" means any .dc.vicc or. apparatus. used. forfishing whether or not it IS used III cOl1ucdJOI1 with avessel;

"fishing vessel" means any vessel used for the follo wingpurposes-

(a) fishing;

(b) the processing or storage of fish or fish pro­ducts;

(c) the supply or support of SUCll vessels, or

(d) the transportation of fish or fish products from\ho fish..l1li: grouuds:

3

4 No.4 Pisheies .\-1 (";' 1'("111('/11 ami D~''''c1opm~1II 1988.._-- ------------ ._--------- ---.-----_...

~1anlll:c·

rnent.

"qualified company" 1llt'.HIS ',my company which is quali­flee to own a local fishing vessel as defined ill thissect ton ;

"rccrea tionul fishing" IlIC:'''~ fishing for the recrcationa:experience, and not for the pUq)(ISC of subsistence orfor barter or sale of Iish:

"sen' i-industrial fishing vessel" menus anv loc.il fishinuvessel of less Ih,\;1 ~O feet with fixed 1lIf)~\)ri7cc4,prvPIII-::sron but does not Include vessels used lor rccrcuuonalIishing.

PARr II -AUTHORITY AND ADMIN ISTRATJON

3. Exclusive manancmcnt and control over the nshcry resour­ces and other aquatic resources within the fishery ,..aters are vestedin the Government.

DelegationbytheDirecror.

Auihor ityof 4. The Minister shell have the authority sud responsibilityMinister. for the implementation of this Act.

nI t S. (L) There is hereby established wilhin the Ministry the

C pM IlIC n • - ' . , I bv a Diand Director Departuicnt 01 Fishcrtcs, which shall >c hc.cdcd )y a Dtrccior.of Fiahcrics.

(2) I'he Director sl1::111 be a person who is knowledgeablein matters relating to fisheries.

Duties and 6. The Director, subject 10 the policy guidance of the Minister,P~wcrs of the shall have responsibility for the managcn.cnt, planning and dove­DIrector. loprnen t of, and research iUlc!. the fishery resources and Iisherjcs or

Sierra Leone and shall supervise tile Depnruucu 1 of Ftshcrtes.

7. The Director may delegate, in wriung. the exercise of anyor all powersand functions conferred ,upon hi}1I by t:lis Act, except asmay be specifically prohibttcd therein, to hIS deputy or such otherolliccrs as he mu j th ink lit.

LicencingOfllcers.

Fi,hcrlc:\AdvisorrBoard.

R. The Director shall be the Chief t.iccncinc Officer and shalldesignate such other licensing officers as may be necessary by noticepublished in the Gaulle.

9. (I) There is hereby established the Fisheries Advisory Boardwhich shall have the following functions--

(a) to ad-..isc Ihe Minister on matters relating LO thefonnulat ion and implcmcutation 01" nalional policy:for the management and devclop.ncnt of Ilsheriesand

No. " FiJ//{~..,';n ttl a':'~gclllCll( end Development 19~8 5-- ---------------

(b) to. co-ordjnutc the policies and actions. of tJ1Cmuustrtcs or other government agencies withrespect to mattcr s relating to fisheries.

(2) The Board shall consist of the follo..ving pcrsons-s-(a) The Permanent Secretary to the Ministry of Agri­

culture, Natural Resources and Forestry, whoshall act as Chairman:

(IJ) The Director-General of Agriculture:

(c) The Permanent Sccrctarv of the Ministry ofDefence or his rcprcscnrat ivc:

(d) The Solicitor-Gcncrct or his representative;(e) The. Development Secretary of the tv!inistry of

Nauonal Development and Economic Planning orhis representative:

(f) The Secretary to the Minister of Foreign Affairsor his representative;

(g) The Permanent Secretary of the Ministry of 1 radeand Industry or his representative;

(Ii) The Financial Secretary or his representative:(i) The Permanent Secretary of the Ministry cf Trans­

port and Communications or his representative;

(j) The Director of the Institute of Marine Biologyand Oceanography, Fourah Bay College, Universityof Sierra Leone:

(k) 1 he Director, who shall act as Secretary to theBoard: and

(I) Four other members representing the industrialand artisanul Iishing sectors, the .consumers, andthe Chamber of Commerce, Agriculture and In­dustry.

0) The Board may co-opt other members representingother ministries or agencies of government as it may deem

necessary.

10. (I) The Director shall establish a Scicnt iflc and Technical Scic.-IllilicCommittee. and Tech-

• . . nical Com-(«) The function of the Comnuttec shall be to advise miuce and

the Ministcr nnd I~IC Director on the biological, sociat, economic. other Com-and technical aspect of Iishcr ics. rniuccs.

(b) The Director shall appoint .sc~·~n members tothe Conunittce having knowledge ill the disciplines listed UJ the

6 Fisheries Mal1al!~F7un( and Development 19&8

Fishery~hn:1CC:­

mcnt andDevelop­alecl.

preceding paragraph;

(c) . The Cornmjnee shall be chaired by. the Directorand sball meet tWice a year or when summoned by the Director.

(2) The Director may establish such other Committeesas he may think appropriate at the 10c:11 or national level wh ich~hall be composed ?f flshermcn or other p,('nons :lctlvcty \\\v~lvcd10 the fisheries ofSicrru Lcone to udvisc 111m on matters r,lntlng tothe development and management of these fisheries and the wel­fare of fishermen.

(J) Reasonable allowances or expenses shall be paid tomembers attending meetings of any comnuucc established underthis section.

PART III-MANAGEMENT AND DEVELOPMENT OF THEFISHERIES OF SIERRA LEONE

.11. (I) The Director shall prepare and keep under contjnualrevrcw plans for the management and development of the fishcrrcsin SIerra Leone.

(2) Each manaucment and development plan, accom­panicd by uvujlable infornunion :>hdll-

(0) identity the fishery reso~rces i.loj estimate thepotential average annual yields;

(b) assess the present state of exploitation of ruefishery resources and taking into account till rele­vant b iological, social and economic f.. ctors,determine whether the fishing activities should beincreased. remain the same, or bc decreased, und,jf suflicicnr infufllJutioCl is available, dctcrrnjne thetotaln nnual c.. tell th .. t may be allowed from eachfishery;

(c) specify the measures, if any, to be taken to pro­mote the devctopment oflocal Iishcrjcs ;

(J) dctcrrn inc the amount. of the fisll(;ry resources.11 aDY, to be made available to foreign fishing ves­sels on 3n. t1J1IU:\! basis under licencing agreementsor other International agreements;

(~) specify the conservatjon and mnuagcmcnt mea­sures to be enforced to protect the fishery resourcesfrom over-cxplonurion,

(j) specify the research necessary to enhance manage­meat of the fishery.

. (3) Each maoilgcrt]cnt and development pla n or mod-6catlOD thereto shal! be submitted to the Minister for his approval.

a

1\0. 4 1988

Licencesrequired.

.- --_. ---- -----_._-_._-----------J4. (I) The Minister shall consult, as appropriate, with forciun

governments and in partjculo r with governments of States sharjugthe same or imcrrclutcd stocks with a view to-

(a) ensuring the closest practicable harmonizationor co-ordination of their respective fisheries mana­gcrncnt and development plans and regulations;

(b) ensuring harmonizurjon if\ the collection (If sta­tistics, the carrying out of surveys ami pryccdurcs[or assessing the state of the Ilshcrics resources it'!the region;

(c) providing, as approprjate, for the formulation ofregional fisheries management and developmentplans, for the allocation of li~hillg effort and catchamong states sharinl! the same stocks, and fortaking regional or joint conservation measures;

Cd) establishing, on a bilateral or regional level asappropriate, arrangements regard iug fishing rjghtswith other States in accordance with the provisionsof rhc relevant Fisheries Management and Deve­lopment Plan.

(2) Consultat ions under th is sect iou may be undertakeneither directly with the Governments or persons concerned, orthrough existing apprcprjatc regional or sub-regional organisations,or International Agencies.

PART IV-LICENCING or LOCAL FISHING VESSELS, FIXEDFISHING GEAR OR BEACH SEINE

. J5. (I) No local nsl~il1g. vessel, flxcd fishing gear or beachscrnc shall be ·:ts~d for fishing 1.11 the. Iisherics waters except under alicence issued 11\ accordance with this l'art,

(2) TIle Minister may make regulations extending theprovisions of this section 10 require the licencing of local.fishingvessels 9r any class or local lIs!Jillg vessels ,to be used for translupmcnr,process I1lg or SI Drage of fish III thc fisheries waters.

Applica-, 1G. Appl i\.~;J t ions ror licences shall be made in !he r0 rm and inI i.' II:; for . b d b tl MLicences. accordance with the procedures prcscrt c y t ie nustcr.Local filhing 17. (I) A. licencing officer may, UpOl1,Propcrapplication madeLicences. thereof and pa YI)lcnt of the prescribed fcc, Issue.a lrccucc 111 respect

of any local fishing vessel, fixed gear or beach sctnc:

Provided that no licence shall be issued in respect ofany local fishing vessel required (0 be registered under the R~gistr.l~

ACl No. 26 tion of Shipping Act, 1965, uuless such vessel has been so registered:196.5. IWd

ConSUltJlionon inter­n.:uiol1;l1fisheriesOlJllacc­mcru.

Nu, ·1 1988_._'" _._._. - .•._... _-_ .. __ ..._.... __ ...._.- ._- .....- .._._---------- -_._-,_.._-- _...

Provided further that no licence shall be issued inrespect of any local H!ihinG vessel exceeding J5 net tons unless itholds such certificate of safety inspection as may be required by theGover amcnt.

(2) I\. liccncinn ollicer may refuse to issue a licence forwhich nppljcntjon has b";":~l made ifhc is satisficrl-«

(a) Iilal it is necessary to do so in order to allow for.hc proper management or any fishing in accord­ance '."'i:h th~ terms of uuy Iishcry manlli-cUlcntuno development plan prepared under ~CCIIOIl I Iand any gcneral licencing instructions issued forthe implementation of the plan; or

(6) that the applicant or the vessel for which a licenceis being sough] ha~ a documented history ,of non­compliance with flshcncs laws, regulations orlicence coudjtjous and is unlikely to cumply withsuch laws, regulations or conditions in the futureif a licence is issued.

(J) Any decision taken under the preceding sub-sectionto refuse to issue a liccucc must, unless aurhorjscd under any gene­n\lli<;~ndn~ iustructions issued by tile Director. have the approvalof the Dircctor.

(4) Any licence issued under this Part shall he subjectto such conditions as may be set out in this Act or prescribed illregulations or orders made thereunder. or as may be otherwise speci­(icd by the Licencing oflicer.

lB. Where a loce l Ilshjug vessel, flxed fishing gear or beach Caucellauon,

seine for which a licence has been issued, under thisPart has been ~~s~~n;i~~.used In the comnussion of an uct prohibited by this Act, or any riocregulation issued hereunder, or any licence condition, the Director .may-

la) cancel such licence; orto) suspend such licence for such lime as he may dec.,

appropriate; or

(c) impose additional or modified couditjous for suchlicence.

. 19. Any person aggrie,Ycd by the refusal of a licencing officer Appell!I~) Issue a licence under Secuon 17 or by the suspension or caucclla- aglinSItton of a licence already issued under Section IS, may appeal against ~efU)ill.lusuch r,e.fusal, suspension ~H: cancellation to the Minisicr within thirty ~~~uc licence,days. I he Muustcr's .ccl~lun. which may not be delegated, shall be .1.1.1);11.

/0 No.4 198i--- -------- ------

ValidilyofLicencea.

Tran)/er­ability orLiceoces.

F"". rorIOCI11 fishinKliccncet,

--_._-------. 20.. (I) Unless otherwise provided in the licence, or by regu­

larions Issued under this Act. Q licence shall be valid for not morethan one year.

(2) A licence issued under this Part shall be valid for thespecies of fisb and the type of fishing gear or method of fishing speci­fied ID the licence.

21. (I) Except as otherwise provided in subsection (4),licenccsissued in respect of local flshing vessels shall not be transferable Irouione vessel to another vessel.

(2) Licences issued In respect of fixed fishing gear or"each seines may be transferred provided that the fixed Iishiug gearor beach seine to which the licence is transferred is of equal dimen­sionsand characteristics and is to be deployed oroperated in the samelocation and manner as the gear or beach seine previously ltcen­ced and in place of such gear or beach seine.

(3) Any change of ownership of a licenced local fishingboat, fixed fishing gear or beach seine shall be notified within aperiod of 30 days by the new owner to the licencing ollicer for thearea in which the vessel. fixed fishing gear or beach seine is licencedto be used. who shall cudorsc the sallie on the licence, providedthat. in respect of any local fishing vessel, the new OWDer meets thenationality criteria specified in section 2. and the conditions forrefusal to issue a licenee specified in section 17 do not exist.

(4) The Minister, if he thinks it necessary, in order togive effect to any scheme for the restriction of effort in respect of anyfishery under a fishery management and development plan adoptedunder section II. may, by regulation do any or all of the following-

(a) order that any licence to engage in that Iishcry 'T'ay betransferable from one vessel to another vessel with thepermission in writing of the appropriate licencing officer, orthat the. surrender of licences m~y give rise to such rightsto new licences as may be prescnbed ;

(b) require that any licence issued in respect of a local fishingvessel engaged in that fishery should 1101, on a change ofownership of the vessel be transferable to the new ownerwithou' tho writtcu pcrmrssjon of the appropriate licencingofficer;

(e) prescribe the conditions under which perrntsston shall begiven in respect of transfers of licences.

22. (1) The Minister shall prescribe the appropriate licenceIces to be paid for licences in respect of local Iishtug vessels, fixedfisbing gear and beach seines.

r

stowstow

No. <I 1988

Charteredforeignfilhinavessel,

specified in the licence or :;Ls may be prescribed, added to, deletedor ruodrlied from time to lime.

(5) Conditions specified or prescribed under sub-section(4) llIay include, but shall not be limited to. conditions concerninglocations, methods and conduct of Ilshing operations, amount ofcatch allowed, conservation measures to be followed, landing, pro­cessing and marketing of the catch, marking of the vessel, c:.arryingof transponders and other position-flxing equipment, statisticalreporting requirements. keeping of vessel log-books, ca rr'yj og ofand providing of accommodation and facilities for inspectors, andtraining of Sierra Leonean fishermen and other personnel andprotection of local Ilshcr ies,

(6) Each licence shall be valid for not marc than oneCalendar year.

M. (I) Anycitizenorqualifledcompauythathas entered intoa charter agreement for the use of a foreign fishing vessel may submitthe charter agrccracnt to the Director to have it designated as anapproved charter agreement.

(2) The Director shall approve a charter agreement if he,is satisfied that:

(a) the charter agreement vests operational controlof the foreign vessel in such citizen or qualifiedcompany and meets the, guidelines prescribed bythe Minister for the approval of charter agree­ments;

(b) the foreign fishing vessel is otherwise entitled toreceive a foreign fishing licence.

(3) Foreign fishing vessels fishing under lin approvedcharter agreement shall be entitled to fish ill thefisherjes waters on payment of the same fcc. andsubject to the same regulations and penalties as localindustrial fishing vessels.

(~) The Minister shall prescribe guidelines for the appro­val of charter agreements and conditions for suchapproval, which shall take into ace ount, inter aha:

(a) the cflect of the charter on the development of thelocal industrial tlshcry:

(b) the. effect of the charter on foreign exchangeearnings:

(e) the effect of the charter on landing and domesticdistribution requirements;

(d) the etlect of tile charter on the development ofexport opportunities; and

No... ----_ ....----_..__._-1988 JJ

(e) any other impact on tho Ilsherics or economy orsierra leone.

. . . Appoiat-27. The Director may rcqutrc that, prior to the ISSU30CC of a metu of

licence in respect of any foreign fishing vcssel- ageo.ls aour. • ,. . posting 0(a) the .1ppI1can! ~111!1 <t!1.rHJ/nt .1£1 ;'\~qnt withrn S,,:rq oo.dI.

Leone who IS :llIthr,f/s~d to receive and rp.~!",:1I1ri

to any /':wd rrocp.o;o; issued in sierra Leone v, :,:,

respect lolhp. :Icl jvil ics of the vessel;

(b) the ;l~)plicant ("If hie:. ;l'.J.t.llOris~d agent shall post J

rr.rforln.1nrc bond W!lI r !l may be ;Ir~IICd 10 tf1~payment of lilly tines imposed oy a court for (.lfe:1­ccs under u,js AI;( C0'11f11;lleO by or in respect ofthat vessel; and JlHlY further require that the majn­tcnunce of'such agent or rcrr(}r:lla/lc~ bond (If h'lt'Iduring Ihc period of v:didity of the licence 5h:111 bea condition of the licence.

2S. No licence issued under this Part shall relieve any foreign Rcquirer-. I ,. f . mcnrs 0fishing ,ws~~, Its OWL1<?f, Its master or <In)' membe r o. Its crew of other laws.any oblignrion or requtrerneut unposed by law conccrrung customs,irmnigration, health, exchange control or other matters,

2'). If any foreign fishing. VC6Sc! for which a licence has been Licenceissuc::~ under this part has been U3C;J in the cornrnjssjon of au act ~i~~l~ella.prohibited by ,the Act, or any regulations or orders issued hereunder, suspensionOf any condition ofthat vessel's licence, the MIII Isler may- or modi(lQ-

( ) J I t' lion.a cnnce sue: 1 ICCIl17e;

(b) suspend such licencefur such time as he may deemapproprnuc: or

(c) impose additional or modified condiuons for suchlicence,

, 30, (1) ,The M)nistpr shall prescribe approprjate fees to be fees focpaid for foreign fishiug Iiccnccs Issued under ttus Part. foreign

lishing(2) In determining. fees, the Minister rnav take into licences.

aCCQunt-

(0) the value of the /ish species being sought ;

(b) the quantity of the species sought;(c) lite eflicteucy of the gear;

(d) alternative uses of the flshery resources;(e) the cost of fishery management and dcvclopment ;

aCId

ee

planning of

or minimizingor minimizing

SS

vehicle inspected under section 35 vehicle inspected under section 35 searched

fuhh

e

11-----------_.- ._------

39. (I) An authorized officer acting in the exercise of his Conldu~l ~r• .. a ul lOrt:!..:"powers under this Act, when not In.uniform, ~hal1,.on demand, pro- ollicee.

duce such document of mdentiflcation or other evidence as may bereasonably sufficient to show that he is an authorized officer for thepurpose of this Act.

(2) No authorized officer shall be liable in respect cf anyact done by him in good faith in the execution uf lus powers uudduties under this Act.

PARl YIIl-OFFENCES AND LEGAL PROCEEDtNGS"u () I ('. 11 • .. Penalty for. ... I W.l~re any toretgn ishing vessel IS used In contraven- illegallishiog

non of the provrstons of section 23, the master, owner and charterer. by [orcignif any, of such vessel are each guilty of an offence and shall be Iiable- rlshin~ vessel•.

(a) on summary conviction, to a fine of not less thanthree million leones;

(b) on conviction on indict ment, to a fine of nol lessthan six million leones.

(2) Where any foreign vessel is used in contrnvention orany otncrsection 9ftl,li:. Act, any regularton prescribed hereunder orany condtuon of lis licence, the master, owner, and charterer, If any,are each guilty of an offence and shall be liable-

(a) on summary conviction, to a line of not less thanthree million leones;

(b) on conviction on indictment, to a fine of not lessthan six million leones.

(3) Penalties established by this Section shall be paid ina freely convertible foreign currency.

4 l .. (1). Where. any local fis,lling vessel, fi-\e~1 fishing gear or Penally Iorbeach seine IS used In contravenllon of the provrsions of section 15, illegal fishingthe master, owner, and charterer, if any, of the vessel orthe owner or local fish­and person In charge of the fixed fishjng gear or beach seine, as the lJIe vessels.case may be, arc each guilty of an offence and shall be liable- etc.

(a) on summary conviction, to a fine of not less thanone hund red and fifty thousand leones;

(b) on conviction on indictment, to a flue of not lessthan three hundred thousand leones.

(2j Where any local fishing vessel, Iixcd fishing gear orbeach seine is used in contravention of any other provision of thisAct, any regulation prescribed under this Act or any condition ofits licence, the master, owner and charterer of tho fiShing vessel,fixed fishing gear or beach seine, as the case may be, shall be !!Ij illyof an ollcucc and shall be liable- -

(a) on summary conviction, to a line of not less thanone hundred and fifty thousand leones;

a

damagedamage

destroys or abandons any fish, fishingDestruction

of incriminatingevidence.evidence.

20 No. 4 Fisheries '".-1anagement and Development 1988

Release ofvessels 00bonds,

Forfeitureof vessel.sear andcatch.

connected with the activity or any other member of the partnershipor other person concerned with the management of such firmor business shall be liable for such offence unless he proves to thesatisfaction of the court that-

(a) he used due diligence to secure compliance withthis Act; and

(b) such a/fence was committed without his knowledge,consent or connivance.

48. The Court, in addition to any other penalty imposed-(a) where any. person is convicted of an offence

against section 15, 23 or 31 (I) (a). shall order thattho fishing vessel (including its fishing gear, furni­ture, appurtenances, stores and cargo) used in thecommission of such offence shall be forfeited tothe State:

(b) where ..uy person is cuavieted·uf an offence llgl\iu:ilany other section of this Act, may order that thefishing gear or fishing appliances used in the com­mission of such offence shall be forfeited to theState:

(c) shall order that any fish caught in the commissionof any offence against the Act or the proceeds ofsale of any such fish under section 37 and any explo­sives, poisons or other noxious substance used inthe commission of such offence shall be forfeitedto the State.

l1isposalol 49. Any vessel (including its fishing gear, furniture, appurte-forfeited nauces, stores and cargo), .fishing gear, or fishing appliances, explo-iICOIS. Slves,. poison or o~her noxrous substance, and, any lish ordered to bo

forfeited under thts Part shall be disposed of In such manner as thoDirector may thiuk lit, provided that if any such item is sold, theproceeds shall be dealt with in accordance with tho provisions of

I\CI No.8 of section 44 of the Interpretation Act, 1971.

1'~~~mPtions 5.0. All fish found on board any fishi.ng vessel which has beenused to the eomrmsston of an offence against this Act shall, unlessthe contrary IS proved, be presumed to have been caught 10 the com­mission of such ollcuce.

S!. (1) Where any fiShing vessel has been seized under section36 and is being held pending the adjudication of the Court, the Courtin its discretion may, upon the rosting by the owner, operator orcharterer of such jishin& vesse of a satisfactory bond or othersecurity in any amount not less thau the fair market value of suchvessel or the maximim penalty for tho 011<::0':0 charged, whichevori, ~O;lI.cC, order tlao release of ycnel.

l'Co. 4 Fisheries Masagement and Development J988 1J

(2) The release of any bond or other form of securityunder this section shall be conditional upon--

(a) a finding by the Court that the vessel has not beenused ill the commission of an ofleuce under lbltAct; or

(b) where the Court ~1l~S that the vessel has bee."used tu the comnussion of an offence under lllLJAct-

i) payment in full within 30 days of the judge­mcnt of Ihe Court or any fine imposed by thoCourt and any costs ordered to be paid by lhoCourt; aud

(Ii) where the Court s9 orders, ~Iclivc~)' to thoCourt of the vessel, jncludjng its f1s1111lg gear,furniture, appurtenances, stores ,<lIlU cargo,and of any tish ordered to be forfeited withoutany impairment of their value. or payment ofthe monetary value thereof as determined bythe Court.

,(3) )u':'gcmcnt shalt .be, recoverable on ~lIC~ bond orother security agamst both the principal and any sureties, in the eventthat any COUd!l!OU is breached, as determined by such Court.

PART IX-MISCELLANEOUS52. (I) The Minister, in consultation with the Mrnisrcr res- Fish

ponsiblo for matters relating to hcnllh: may make ~cgulatjons procossina.establIshing cond Ulousfor tho construction and operation of (ishprocessing establishments, providing for the inspection of Fsh pro-ccssmg establishmerits, lish and fish prod ucts, and establ 1:'\hlIIg qUJ-

Illy standards and standard methods of analysis and tcsnug for fishand ash products.

(2) The Minister may prescribe regulations provjdjng fortho liCCQSlJlg of fish processina establishments.

, ,53. The Director, with the approval of t~\e Mj.nist~r, may in RCSCArchwrittng for the purposes of rexoirch Of sctcnullc II1\CslIgaLJon exempt vessels.any vessel or person from all Of any of the provisions of this Actor any ~egulatlon:" or orders made hereunder, and, In rnaktng suchexemption, may Impose such condruons as he may think fit.

54. Tho Ministcr may make regulations generally for rl.c Re~:~tlon.,proper management. development and regulation of the fishcrit':,of Sierra Leone, and for tho irnplcmcatatjou of tho purposes l.Dd

cece

of

ry

li-li-

nand

s;

fishingbeach

and

esise-

thatofof

capitalcapital

e

eh

thatoror

as-

r

safetyll

No.4 1988

(m) to prescribe qualifications for fislling vessel manning 1'0­

quirements;

(n) to prescribe standards for the accommodation and facilities. to be granted to inspectors on board fishing vessels:

(.) 10 prescribe reporting requirements for foreign fishingvessels and requirements for the stowage of Iishing gcar ;

(p) to establish procedures to facilitate the enforcement of thisAct;

(q) to require the registration of all local fishing vessels notrequired to he registered under the provision of thc Regis-tration of Shipping Act, 1965; Act, No. 26

• , , of 1965.(r) to establish a hody or bodies and procedures 10 mediate

and resolve gear conuicts and other di~pU1CS among fisher-men;

(J) to license vessels used for recreational fishing only.

55· The Fisheries Act is hereby repealed: . Repeal andProvided that all rcgul..uons, orders, rules and nut Ices made Savings.

thereunder shall remain in force until they are expressly revoked or Cap. 195replaced by any regulation, order, rule or notice made under thisAct,

Passed in Parliament this JJill day of January, In the year of our Lordone thousand nine hundred anJ eighty-eight.

J. t\1 LEGG,Clerk of Parliament,

Trus PRINTeD 1M PIWSSION lias been carefully compared by me ". ith th.Bill whicn has passed Parltameru and found b)' me '.0 be a true and correct; 1

printed copy ot the said Bill.

J. M. LEGG,Clerk IIf Purliamers

PIUNno BY Till! GOVl!It:-lMl!NT P:lI:-lTI:-lO OEP,\Rnll!NT. SIBRRA L'o~n

GAzeITli £XTR~IOIWIN~IUY No. 21 or 30m ApolU.. 1983