Marine Resources Act

(1) No person shall use an explosive, poison or noxious substance to kill or disable any marine animal, and firearms shall be used for such purpose only as may be prescribed. (2) No person shall seek to harvest any marine animal by means of a driftnet, being a gillnet or any other net, or a combination of such nets, with a total length exceeding 2.5 kilometres, or any shorter length as may be prescribed, being placed in the water and allowed to drift for the purpose of trapping or entangling marine resources.

(1) There shall be fisheries observers who shall be appointed by the agency to- (a) observe the harvesting, handling, and processing of marine resources and related operations and to record data concerning such operations; (b) collect and record biological and other information related to activities governed by this Act; (c) collect samples of marine resources harvested; (d) report to the agency any observations and information obtained under this subsection; and (e) perform such other activities as may be agreed upon between the Minister and the agency, but not inconsistent with paragraphs (a) to (d). (2) The Minister may require a person harvesting marine resources, under a right, an exploratory right or a fisheries agreement to (a) carry a fisheries observer aboard any fishing vessel; b) admit a fisheries observer to any land and any premises used for harvesting marine resources; (c) allow the fisheries observer referred to in paragraphs (a) and (b) access to all parts of the fishing vessel, land and premises as well as to any records, documents and marine resources found there; (d) provide reasonable accommodation for the fisheries observer referred to in paragraphs (a) and (b); and (e) allow the fisheries observer referred to in paragraphs (a) and (b) the use of all equipment necessary for the performance of his or her functions.

(1) There shall be fisheries observers who shall be appointed by the agency to- (a) observe the harvesting, handling, and processing of marine resources and related operations and to record data concerning such operations; (b) collect and record biological and other information related to activities governed by this Act; (c) collect samples of marine resources harvested; (d) report to the agency any observations and information obtained under this subsection; and (e) perform such other activities as may be agreed upon between the Minister and the agency, but not inconsistent with paragraphs (a) to (d). (2) The Minister may require a person harvesting marine resources, under a right, an exploratory right or a fisheries agreement to (a) carry a fisheries observer aboard any fishing vessel; b) admit a fisheries observer to any land and any premises used for harvesting marine resources; (c) allow the fisheries observer referred to in paragraphs (a) and (b) access to all parts of the fishing vessel, land and premises as well as to any records, documents and marine resources found there; (d) provide reasonable accommodation for the fisheries observer referred to in paragraphs (a) and (b); and (e) allow the fisheries observer referred to in paragraphs (a) and (b) he use of all equipment necessary for the performance of his or her functions.

There is hereby established a juristic person to be known as the Fisheries Observer Agency.

(1) No vessel in the territorial sea or internal waters of Namibia, no vessel licensed under section 40 and no Namibian flag vessel shall transship, land, attempt to transship or land, or assist any other vessel to transship or land any marine resources, unless such transshipment or landing (a) is authorized by a licence or other authorization obtained from the Minister; and (b) is executed in accordance with any conditions contained in the licence or authorization in question. (2) Notwithstanding subsection (1), marine resources may be transhipped between and landed in the territorial sea or internal waters of Namibia by vessels that are not fishing vessels.

"master" in relation to a vessel, means the person having command of the -vessel;".

(1) Any person who, being the owner, the lessee, the charterer or the master of a foreign flag vessel uses such vessel in Namibian waters for harvesting marine resources, or allows it to be so used without the authorization of a valid licence in respect thereof shall be guilty of an offense and liable on conviction to a fine not exceeding N$2 000 000. (2) Any person who, being the owner, the. lessee, the charterer or the master of a Namibian flag vessel, uses such vessel to harvest marine resources, or allows it to be so used, without the authorisation of a valid licence in respect thereof shall be guilty of an offense and liable on conviction to a fine not exceeding N$2 000 000. (3) Any person who - (a) harvests any marine resource except under a right, an exploratory right or a fisheries agreement; (b) for commercial purposes harvests any marine resource subject to quotas except m terms of a quota or of permitted by-catch under a right, an exploratory right or a fisheries agreement; (c) being the holder of a quota, harvests any marine resource in contravention of any measures, including quotas, to which the Minister has subjected such resources; (d) being the holder of a quota, harvests any marine resource in contravention of the conditions which may have been determined for a right or a quota; (e) lands or tranships any marine resource in any place or manner not authorized by or under this Act; (f) assaults, obstructs, resists, hinders, threatens or intimidates a fisheries inspector, an honorary fisheries inspector, a fisheries observer, a staff member referred to in section 48(2), or any person authorized by any international agreement to which Namibia is a party to board or inspect a Namibian flag vessel on the high seas, in the exercise of any power or the performance of any duty under this Act; (g) where required by section 48 to record or report any matter or to supply any. information, fails so to do or records, reports or supplies false information or willfully submits any document, statement or representation knowing it to contain false or misleading information; (h) impersonates a fisheries inspector or an honorary fisheries inspector; (i) gives, offers or agrees or attempts to give any gift or consideration to a fisheries inspector, an honorary fisheries inspector, a fisheries observer or a staff member referred to in section 48(2) as an inducement or reward for doing, or forbearing, to do, or for having done or forborne to do any act in relation to his or her duties under this Act or for showing or forbearing to show favour or disfavour to any person in the execution of such duties; (j) being a fisheries inspector, an honorary fisheries inspector, a fisheries observer or a staff member referred to in section 48(2), accepts or obtains or agrees to accept or attempts to obtain from any person any gift or consideration as an inducement or reward for doing, or forbearing to do, or for having done or forborne to do any act in relation to his or her duties under this Act or for showing or forbearing to show favour or disfavour to any person in the execution of such duties; (k) willfully damages, destroys, discards or disposes of any vessel, fishing gear, document, book, record, chart, map or calendar or deletes or disposes of any information stored in any electronic or other equipment to prevent its seizure, forfeiture, sale, discovery or the production thereof in evidence in any proceedings before a court; or (l) being the owner, the lessee, the charterer or the master of a vessel not authorized by a licence to harvest marine resources, allows the vessel to be in Namibian waters without its fishing gear being dismantled, stowed or secured in accordance with section 49(1), shall be guilty of an offense and liable on conviction to a fine not exceeding N$1 000 000. (4) Any person who - (a) violates any condition of a right, an exploratory right, a fisheries agreement, a quota or a licence; (b) harvests marine resources in contravention of section 47 or any regulation prescribed thereunder; (c) being the owner, the lessee, the charterer or the master of a vessel, allows the vessel to be in any area where it is not authorized to harvest marine resources without its gear being stowed in accordance with section 49(2); (d) in a marine reserve, without having been granted permission to do so under section 51(3), dredges or extracts sand or gravel, discharges or deposits waste or any other polluting matter, or constructs or erects any building or structure or in any way disturbs, alters or destroys the natural environment; (e) discharges in or allows to enter or permits to be discharged in Namibian waters anything which is or may be injurious to marine resources or which may disturb or change the ecological balance in- any area of the sea, or which may detrimentally affect the marketability of marine resources, or which may hinder their harvesting; (f) kills or disables any marine animal by means of any explosive, poison or noxious substance, or by means of a firearm except as may be prescribed; or (g) harvests any marine animal by means of a driftnet, being a gillnet or. any other net, or a combination of such nets, with a total length exceeding 2.5 kilometres, or any shorter length as may be prescribed, being placed in the water and allowed to drift for the purpose of trapping or entangling marine resources, shall be guilty of an offense and liable on conviction to a fine not exceeding N$500 000. (5) Any fine imposed upon conviction under this section shall be recoverable as if it were a civil judgement.

(4) When considering, an application for a right, the Minister may have regard to- (b) where the applicant is a company, the extent to which the beneficial control of the company vests in Namibian citizens; (c) the beneficial ownership of any vessel which will be used by the applicant;

(1) The Minister may from time to time, by notice in the Gazette, announce a period during which applications may be made for rights to harvest for commercial purposes any marine resource, and the conditions on which such marine resource may be harvested, and the Minister shall not consider any application received outside such period. (2) A person who wishes to a apply for a right referred to in subsection (1) shall submit an application to the Minister in the manner prescribed. (3) The Minister may, subject to subsection (4), grant a right to harvest any marine resource for commercial purposes to any person who applies for such a right under subsection (2), subject to such conditions in addition to those specified in the notice under subsection (1) as may be determined by the Minister. (4) When considering, an application for a right, the Minister may have regard to- (a) whether or not the applicant is a Namibian citizen; (b) where the applicant is a company, the extent to which the beneficial control of the company vests in Namibian citizens; (c) the beneficial ownership of any vessel which will be used by the applicant; (d) the ability of the applicant to exercise the right in a satisfactory manner; (e) the advancement of persons in Namibia who have been socially, economically or educationally disadvantaged by discriminatory laws or practices which were enacted or practised before the independence of Namibia; (f) regional development within Namibia; (g) co-operation with other countries, especially those in the Southern African Development Community; (h) the conservation and economic development of marine resources; (i) whether the applicant has successfully performed under an exploratory right in respect of the resource applied for; (j) socio-economic concerns; (k) the contribution of marine resources to food security; and (1) any other matter that may be prescribed. (5) A right shall be valid - (a) for such period as may be prescribed or if no period is prescribed, for such period as the Minister may specify; and (b) for harvesting the marine resource for which it is granted and for' such by catch as may be prescribed or as the Minister may specify. (6) If at any time before the expiry of a right, the holder of that right has met the prescribed criteria that would have permitted a longer term at the time of granting the right, or no longer fulfils the prescribed criteria for the term that was granted the Minister may vary the period of validity of the right to the period for which the holder qualifies, and when so varying the period, may also vary any condition attaching to the right or impose any additional condition.

(1) A holder of a right or an exploratory right or a person nominated under section 35(2) who wishes to use a fishing vessel for commercial purposes in Namibian waters or a person who wishes to use a Namibian flag vessel for harvesting. any marine resource outside Namibian waters shall apply for a licence to the Permanent Secretary in the manner prescribed. (2) A licence to use a fishing vessel to harvest a marine resource shall only be valid if the licensee holds a right or an exploratory right for that resource, and if a quota has been allocated, holds a quota for that resource. (3) The Minister may, upon application by a person referred to in subsection (1), issue a licence to that person in respect of a fishing vessel, authorising such activities, subject to such conditions and valid for such period, as the Minister may determine and state in the licence. (4) The Minister may refuse an application for a licence if the Minister is satisfied that – (a) the information furnished in the application is incorrect or incomplete; (b) the vessel in question is not intended for use as a fishing vessel; (c) the approval of the application will not be in the interest of the sector of the fishing industry harvesting a particular resource; (d) the issue ofthe licence would be inconsistent with an international agreement to which Namibia is a party; or (e) the approval might threaten the sustainability of a particular marine resource. (5) If- if (a) any change. has occurred in the information submitted by a licensee in connection with the application referred to in subsection (1); or (b) the vessel for which the licence has been issued ceases to be used as a fishing vessel, the licensee shall, within a period of 21 days from the date such event occurred, inform the Permanent Secretary of that fact.

(1) Where the holder of a right, an exploratory rig lit, a quota or a licence - (a) has furnished information which is untrue or incomplete in connection with his or her application for the right, the exploratory right, the quota or the licence; (b) contravenes or fails to comply with a condition imposed under this Act in respect of the right, the exploratory right, the quota or the licence; (c) contravenes or fails to comply with a provision of this Act; or (d) is convicted of an offense under this Act, the Permanent Secretary shall, by written notice delivered to the holder of such right, exploratory right, quota or licence or sent by registered post to the holder's last known address, request the holder to show cause, in writing, within a period of 21 days from the date of the notice, why such right, exploratory right, quota or licence should not be suspended, cancelled or reduced. (2) The Permanent Secretary shall, after expiry of the period of 21 days referred to in subsection (1) (a) refer the matter, together with any reasons furnished by the holder of the right, the exploratory right, the quota or the licence, to the Minister for the Minister's decision; and (b) if no response has been received from the holder of the right, the exploratory right, the quota or the licence, suspend such right, exploratory right, quota or licence until such time as a response is received and shall inform the holder thereof. (3) Where a matter is referred to the Minister under subsection (2), the Minister may (a) suspend the right, the exploratory right, the quota or the licence in question for a period determined by the Minister; (b) cancel the right, the exploratory right, the quota or the licence in question from a date determined by the Minister; (c) reduce the duration or the amount of the right, the exploratory right, the quota or the licence in question; (d) amend the conditions of the right, the exploratory right, the quota or the licence in question; or (e) decide not to take any action on the matter. (4) Notwithstanding subsections (1), (2) and (3), the Minister may, whenever he or she is of the opinion that it is in the interest of the promotion, protection or utilization on a sustainable basis of a particular marine resource, at any time by written notice to the holder of a right, an exploratory right, a quota or a licence in respect of that resource, suspend, cancel or reduce the duration or the amount of, or amend the conditions of such right, exploratory right, quota or licence. (5) Notwithstanding subsections (1), (2) and (3), where a licensee has committed one of the actions contemplated by subsection (1) or is convicted of an offense under this Act, the Minister may, by giving due notice by such means as may appear most effective in the circumstances, suspend the validity of the licence in respect of harvesting any marine resource outside Namibian waters, for such period as the Minister considers fit.