Sierra Leone's Fisheries and Aquaculture Act

This Act applies to and in relation to- (d) all persons (including non-citizens), and vessels (including foreign vessels) in relation to areas within or beyond the jurisdiction of Sierra Leone - (i) following in hot pursuit conducted in accordance with international law; or (ii) as required by this Act or any international conservation and management measure, or permitted by international law or any convention, treaty, access agreement, fisheries management agreement or other arrangement or agreement to which Sierra Leone is a party.

In particular, the relevant judicial or administrative proceeding shall take into account - (ii) international and national best practices in relation to serious offenses, including their definition in international fishery instruments;

(1) No person shall engage in any of the following activities authorisation without a valid licence or authorisation issued by the Director of Fisheries required. under this Act– (g) deployment, maintenance, monitoring and retrieval of any fish aggregating device and associated electronic equipment or as appropriate fishing around such a device;

(1) No person shall deploy, maintain, monitor or recover a fish to deploy, aggregating device or associated electronic equipment in the fisheries waters, maintain fish and no Sierra Leone fishing vessel shall deploy, maintain, monitor or recover a aggregating fish aggregating device or associated electronic equipment in areas beyond device national jurisdiction, except with permission of the Director of Fisheries and in accordance with such conditions as may be prescribed, or as the Director of Fisheries may specify or as are otherwise specified in this Act and an applicable access agreement or international conservation and management measure.

(1) No person shall, for the purpose of killing, taking, stunning, stupefying or disabling fish or in any way rendering fish more easily caught- (a) use, permit to be used or attempt to use; (b) support or facilitate any person to use or attempt to use; (c) carry, permit to be carried, possess or control; or (d) place in the water or assist in placing in the water, any chemical, poison or noxious substance, bomb, electrical device, or material (whether of manufactured or of natural origin), dynamite or explosive substance or device.

(1) There shall be appointed authorised persons, including authorised officers, inspectors and observers for carrying out functions relating to monitoring, control surveillance and enforcement in accordance with the objective and purposes of this Act.

(1) The Director of Fisheries shall establish an observer program as a national conservation measure and under a fisheries management agreement or other regional fisheries management organisations for the purpose of collecting, recording and reporting reliable and accurate information for scientific, conservation, management and compliance purposes including information on – (a) the species, quantity, size, age and condition of fish taken; (b) the methods by which, the areas in which, and the depths at which, fish are taken; (c) the effects of fishing methods on fish and the environment; (d) all aspects of the operation of any vessel; (e) processing, transportation, transshipment, storage or disposal of any fish or fish products; (f) monitoring the implementation of management measures and applicable international conservation and management measures; and (g) any other matter that may assist the Director to obtain, analyse or verify information for fisheries scientific, conservation, management and compliance purposes. (2) Observers may be deployed, as may be directed by the Director of Fisheries in accordance with this Act, any applicable international agreement or international conservation and management measure, on any vessel used for fishing, transshipment, transportation or landing of fish within and beyond the fisheries waters or any other use as may fall within the scope of this Act. (3) The Director of Fisheries may require as a condition of a licence issued under this Act that the operator of a fishing vessel comply with any requirement that may be imposed pursuant to the observer program. (4) An operator who does not comply with any requirements given by the Director of Fisheries under subsection (3) commits and offense and is liable on conviction to such fine or to a term of imprisonment as the Minister may, by statutory instrument, prescribe. (5) Where an operator is convicted of an offense under subsection (4), the applicable licence in respect of the vessel or operator shall be cancelled and no further licence shall be issued for at least 1 year from the date of commission of the offense.

(1) The Director of Fisheries may, in accordance with such standards and procedures as may be prescribed by the Minister, appoint in writing- (a) observers for the purposes of an observer program authorised to collect, record and report reliable and accurate information for scientific, management, and compliance purposes. (b) observers of other States for the purposes of implementing an agreement or arrangement to which Sierra Leone is a party, including a fisheries management agreement, or any international conservation and management measure.

(2) A Sierra Leonean observer who is performing his duties under this Act in the jurisdiction of any other State shall comply with the laws of that State. (3) A Sierra Leonean observer who does not comply with subsection (2) commits and offense and is liable on conviction to such fine or to a term of imprisonment as the Minister may, by statutory instrument, prescribe.

(2) No person shall - (a) land, transship, buy, sell, deal in, transport, receive or possess any fish or fish product taken by any means which contravenes this section; or

“operator” means any natural or legal person who is in charge of or who directs or controls a vessel, and who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products and includes the master, owner and charterer and the beneficiary of the economic or financial benefit of the vessel’s operations."

(5) Where any information is given in respect of any fishing or related activity of a fishing vessel, it is presumed to have been given by the operator, including the master, owner and charterer of the vessel concerned, unless it is proved that it was not given or authorised to be given by any of them.

(1) There shall be a Scientific, Economic and Technical of Scientific, Committee which shall be responsible to advice the Ministry on – (d) granting, renewal, suspension or revocation of licences.

(1) No person shall use any vessel for fishing in Sierra Leone of fishing fishery waters unless the vessel has a valid certificate of registration issued by vessels. the Director of Fisheries under this Act, notwithstanding any registration requirements under the Merchant Shipping Act. (2) Prior to importation, construction, or acquisition of a new fishing vessel or gear, or conversion of a vessel into a fishing vessel, the authorisation of the Director of Fisheries shall first be obtained in order to- (a) manage fishing capacity; (b) ensure that any vessel does not engage in or support illegal, unreported and unregulated fishing activities; (c) verify the information provided by the applicant (d) undertake a full background check of the history of compliance ensuring that the concerned fishing vessel and its potential owner has never been involved in illegal, unreported and unregulated fishing activities; or (e) 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.

(1) The Director of Fisheries shall establish and operate vessel monitoring systems for the purpose of monitoring the compliance of fishing vessels. (2) A licence issued under this Act may require that the operator of the licensed vessel, install, maintain and operate, in accordance with such specifications as may be prescribed or required under an international agreement – (a) a specified mobile transceiver unit; or (b) other device that forms an integral part of a vessel monitoring system; or (c) both. (3) Where a mobile transceiver unit stops working, the operator of the licensed vessel on which it is installed shall immediately - (a) notify the Director of Fisheries that the mobile transceiver unit has stopped working; and (b) either- (i) cause the vessel to cease fishing and travel to the nearest suitable port within Sierra Leone or such other port as is approved by the Director of Fisheries; (ii) submit manual reports to the Director of Fisheries, every 4 hours, or at such intervals as the Director requires, giving the vessel’s name, call sign, position (expressed in latitude and longitude to the minutes of arc), and the date and time of the report. (4) An operator who fails to comply with subsection (3) or a condition required under subsection (2) commits and offense and is liable on conviction to such fine or to a term of imprisonment as the Minister may, by statutory instrument, prescribe. (5) Any person who, without lawful excuse, renders inoperative or otherwise interferes with a mobile transceiver unit so that it does not operate accurately or in accordance with the licence conditions commits and offense and is liable on conviction to such fine or to a term of imprisonment as the Minister may, by statutory instrument, prescribe.

No person shall interfere with evidence, which may be related to an offense under this Act. (2) Without limiting the generality of sub-section (1), no person shall- (d) where a mobile transceiver unit is required under this Act, whether within or beyond the fisheries waters, destroy, damage, render inoperative or otherwise interfere with any part of such mobile transceiver unit aboard a vessel, or feed or input into a mobile transceiver unit or an applicable vessel monitoring system information or data which is not officially required or is meaningless.