Fisheries Act (No.20 of 2014)

The objects of the Authority under this Act shall be to provide for the effective management and sustainable development of fisheries in accordance with- (a) internationally recognised norms, standards and best practice including the United Nations Convention on the Law of the Sea (1982) and the Code of Conduct for Responsible Fisheries, 1995 of the Food and Agriculture Organisation Indian Ocean Tuna Commission Conservation and Management measures; Fisheries Act, 2014 S(3) An agreement negotiated under subsection (1) shall include provisions establishing the responsibility of those other states, intergovernmental organisations or associations representing foreign fishing vessel owners, to take all necessary measures to ensure compliance by their fishing vessels in Seychelles waters with - (c) any international fisheries conservation and management measures;

(2) Without prejudice to the generality of subsection (1), regulations may provide for– (a) closed seasons; (b) closed areas or waters; (c) species offish to be regulated; (d) specifications of authorised gear; (e) size or other characteristics of fish; (f) prohibited fishing method and gear; (g) limitation of catch or effort by restricting entry or by determining a total allowable catch or total allowable effort including the establishment of any quota system allocating catch or effort; (h) fishing capacity controls; and (i) by-catch, discards and habitats to be avoided.

A person shall not: a) use any poison or other noxious substance for the purpose of killing, stunning, disabling or catching fish or in any way rendering such fish more easily caught; or b)carry or have in his or herpossession or control on board a vess any explosive, poison or other' noxious substance in circumstances indicating anintention of using such explosive, poison or other noxious substance for any of the purposes referred to in paragraph (a).

(4) A person shall not kill, chase, take any marine mammal alive or dead in Seychelles waters.

(1) Subject to the regulations, a person shall not place or set any fish aggregating device without the written authorisation of the Authority in Seychelles waters. (2) The Authority may, under such terms and conditions as it may determine or as otherwise prescribed, authorise the placing or setting of fish aggregating device under subsection (1).

The Minister may make regulations for carrying into effect the provisions of this Act. (2) k) the terms and conditions governing the placing or setting of FADs and regulating fishng intheir vicinity.

(1) An observer programme shall be established by the Authority for the purpose of collecting and reporting reliable and accurate information on the activities of fishing vessels. (2) The Authority may appoint a person to be an observer for the purposes of the observer programme under subsection (I).

(1) A person who, within Seychelles or Seychelles waters- (a) on his or her own account, or as partner, agent or employee of another person, lands, tranships, imports or otherwise brings into Seychelles or Seychelles waters, exports, transports, sells, receives, acquires or purchases; or (b) causes or permits a person acting on his or her behalf, or uses a fishing vessel, to land, transship, import or otherwise brings into Seychelles or Seychelles waters, export, transport, sell, receive, acquire or purchase, any fish in contravention of the laws of another State or of an international conservation and management measure, commits an offense and is liable on conviction to a fine not exceeding SCR18,750,000.

Interpretations: "owner", in relation to a vessel- (a) means a beneficial owner; and (b) includes - (i) any part owner; (ii} charterer, whether bareboat, time or voyage; (iii) a person who acts in the capacity of a charterer; and (iv) a party upon whom control over the destination, function, operation of the vessel is conferred under a management agreement or a similar agreement; Fisheries Act, 2014 S8 (r) the name, address and nationality of any person with beneficial ownership of the fishing vessel;

(1) Where a fishing vessel is seized or detained under this Act and a charge is laid against the master, owner or charterer of the vessel in respect of the offense for which the vessel has been detained. the master, owner or agent of the vessel may at any time before the determination of the charge apply to the court by which tile charge is due to be determined for the release of the vessel on the provision of security in accordance with this section,

"local fishing vessel" means a fishing vessel which is (a) registered or identified as such under the Merchant Shipping Act; and (b) wholly beneficially owned by one or more citizens Of Seychelles or by a company established under any written laws of which all of the shares are beneficially owned by citizens of Seychelles;

(7) The Authority may, in writing, refuse to grant an authorisation where the fishing vessel in respect of which the application is made- (a) is included in a list of vessels having engaged in, or supported, illegal, unreported or unregulated fishing established by a Regional Fishing Management Organisation or any other appropriate regional or international organisation; Fisheries Act, 2014 S 55 Implementation of international fishery conservation andmanagement measures (particularly Port State Measures Agreement

(1) The Authority may suspend, cancel or revoke a licence, permit or authorisation granted by it on any of the following grounds- (a) the suspension, cancellation or revocation is necessary or expedient for the management and conservation of fish resources; (b) a vessel or any gear in respect of which the licence, permit or authorisation was granted has been used, or any activity has been conducted, in contravention of this Act, any regulations made thereunder, or any terms and conditions of the licence, permit or authorisation; (c) a fishing vessel or gear does not comply with marking requirements as prescribed; or (d) the holder has been convicted of an offense under this Act.

(l) Every fishing vessel or fishing gear required under this Act to be used accordance with a licence, permit or authorisation, shall be used in. accordance with this Act or regulations made thereunder, and, in the case of a foreign fishing vessel, with requirements made applicable to the fishing vessel by an agreement under section 12, and, in. all cases, subject to any terms and conditions which may be provided in the licence, permit or .authorization, including terms and conditions relating to - (d} communication equipment, vessel monitoring devices, position-fixing equipment and any other equipment.

(2) An authorized fishery officer may, in the exercise of his or her powers under subsection (1)– (k) inspect any vessel monitoring device, vessel tracking device, communication equipment, fish locating or monitoring equipment, positioning equipment and any other equipment on board the vessel;