Fisheries and Aquaculture Regulations
Fishing Offenses & Infractions
Does the law/regulation contain any provisions prohibiting the targeting of marine mammals?
Article 9
(1) A person shall not engage in fishing for - (a) sea turtles; (b) immature rays or immature sharks, and where a sea turtle or immature ray or immature shark is caught as by-catch or in any other circumstances, it shall be immediately released and not be harmed, destroyed, killed or kept for any reason. (2) The Director may require fishing vessels to install turtle excluder devices in its fishing gear as a condition of licence. (3) A person shall not in the fishery waters or on a Sierra Leone vessel in any place within or beyond national jurisdiction, remove any part from the body of a shark or a ray, including the fins. (4) The operator of a fishing vessel that lands or tranships any shark or ray in the fishery waters, or of a Sierra Leone fishing vessel in any place within or beyond the national jurisdiction of Sierra Leone, shall ensure that each shark landed or transhipped is whole and intact, with no part of its body mutilated or removed. (5) A person who contravenes this Regulation commits an offense and is liable on conviction, to such fines and penalties set out in the Fourth Schedule.
Labor Rules, Offenses, & Infractions
Does the law/regulation require foreign vessels to employ national labor?
Article 25
A Fishing licence issued for industrial, semi-industrial or artisanal fishing vessels shall be subject to the following conditions- (h) an operator shall ensure that at least 45% of the crew members on board a fishing vessel are citizens of Sierra Leone.
Transshipment
Does the law/regulation provide for transshipment?
Article 11
(1) A valid and applicable licence issued by the Director under paragraph (c) of subsection (1) of section 5 of the Act shall be required for - (c) transhipment to or from a Sierra Leonean fishing vessel in the fishery waters or in the high seas or to a shore based facility for the purpose of export; (d) transhipment to or from a foreign fishing vessel in the fishery waters;
Vessel Ownership & Legal Responsibility
Does the law/regulation require information about the beneficial owner of the vessel?
Article 14
(2) Prior to the issuance of a foreign fishing vessel licence under sub-regulation (1), the Director shall verify the information provided by the applicant and undertake a full review of the record of compliance ensuring that the foreign fishing vessel and its beneficial owner has never been involved in illegal, unreported and unregulated fishing activities, or that the ownership of the vessel has subsequently changed and the new owner has provided sufficient evidence demonstrating that the previous owner or operator has no further legal, beneficial of financial interest in, or control of the vessel.
Vessel Registration & License Management
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
Article 20
(1) The Director may, by written notice to the holder of a licence or authorisation or that person's agent, suspend or cancel any licence or authorisation issued under these Regulations for any of the following reasons -(a) a contravention of the terms and conditions of the licence or authorisation, these Regulations; (b) a contravention of any applicable law or international agreement which provides for such suspension or cancellation; (c) failure to submit to the legal or administrative process or comply with the requirements of a fine, penalty or other determination; or (d) the Director, having regard to the nature and seriousness of a contravention and on the advise of the Scientific Economic and Technical Committee considers it appropriate to suspend or cancel the licence or authorisation; (e) the occurrence of a material change of circumstances affecting the eligibility criteria for the licence or authorisation, including - (i) registration of a company or a vessel; (ii) ownership or beneficial ownership or control of a company or vessel since the time of licence approval; or (iii) characteristics, identification markings, or gear of any licensed industrial fishing vessel; (f) where information furnished by the licence or authorisation holder in connection with the licence application is untrue, incomplete or misleading; (g) where a licence or authorisation is transferred, without the written approval of the Director; (h) where the Scientific Economic and Technical Committee considers it appropriate to suspend or cancel the licence or authorisation to implement conservation and management measures under these Regulations; or (i) for such other reasons as may be prescribed by law.
Vessel Tracking
Does the law/regulation require or exempt fishing vessels to keep VMS turned on, or is there no provision?
Article 31
(1) An operator of a fishing vessel intending to take on board any fish by transhipment or any other means, including loading and landing for local consumption shall- (a) only tranship- (i) at the port of Freetown or such other port or area in Sierra Leone that may be designated by the Director; (ii) at the time and date authorised for transhipment; and (ii) pursuant to a valid and applicable authorisation issued under these Regulations and on such terms and conditions that may be required by the Director; and (b) notify the Director of such intention not less than 72 hours prior to the intended transhipment. (2) Notification given under paragraph (b) of sub-regulation (1) shall include- (a) the vessel’s name, radio call sign and fishing licence number where applicable; (b) full details of any catch on board the vessel; (c) the intended place, date and time of the transhipment; (d) the intended species and quantity of fish to be transhipped; and (e) the intended date and arrival time in the port of Freetown or any designated port in Sierra Leone. (3) An operator of a fishing vessel shall not less than 72 hours prior to transhipment, apply to the Director for a transhipment, loading or local landing authorisation in accordance with the conditions and in the form specified in the Eighth Schedule and prior to the issuance of such authorisation shall pay the required fee. (4) A transhipment, loading or local landing authorisation shall specify when and where transhipment, loading or local landing shall take place and shall be subject to such conditions as the Director may endorse. (5) An operator of a fishing vessel shall- (a) not tranship at sea under any circumstances unless authorised by the Director; (b) only tranship at the time and port or other place authorised by the Director; (c) cause the fish being loaded or locally landed to be accurately weighed and recorded by species on board the vessel and furnish the Director daily, with copies of these records; (d) during transhipment operation give every assistance to any authorised officer, inspector or other person designated by the Ministry in the performance of his duties, including verification of the species and weight of the fish and determining when the transhipment operation has been completed. (6) An operator of a fishing vessel shall during transhipment in the fisheries waters comply with all applicable laws of Sierra Leone relating to protection of the marine environment. (7) An operator of a fishing vessel shall upon completion of the transhipment operation, submit to the Director within 72 hours of the transhipment or before departing the fishery waters, whichever is earlier, a full transhipment report on each transhipment completed in the fishery waters in the form set out in the Ninth Schedule and such other form or information which may be prescribed or otherwise required by the Director.