Law of Fisheries Management

(1) No person shall: (a) use, permit to be used or attempt to use any explosive, poison or other noxious substance for the purpose of killing, stunning, disabling or catching fish or in any way rendering fish more easily caught; (b) carry on board a vessel, transport or have in his or her possession or control any explosive, poison or other noxious substance for any purpose referred to in subparagraph (a); (c) land, sell receive or possess any fish or fish products, knowing or having reasonable cause to believe they were taken in contravention of subsections (a) or (b). (2) Any explosive, poison, or other noxious substance found on board any vessel shall be presumed, unless the contrary is proved, to be intended for any purpose referred to in subsection (1)(a). (3) Any person who contravenes subsection (1) (a), (b) or (c) commits an offense and on conviction is liable to a fine not exceeding the maximum amount described in the First Schedule or to a term of imprisonment not exceeding two years, or to both, and in addition any fish or fish products that were taken in violation of subsection (1) shall be forfeited to the State.

(1) No person shall use a trawl net for fishing in Somali watersed. (2) Any person who contravenes subsection (1) commits an offense and on conviction is liable to a fine not exceeding the maximum amount described in the First Schedule or to a term of imprisonment not exceeding two years, or to both, and in addition any fish or fish products that were taken in violation of subsection (1) shall be forfeited to the State.

(1) The Minister may specify requirements for minimum gear size by regulation or in the Official Bulletin and shall post the information on the official website of the Ministry. (2) Any person who contravenes a requirement made under subsection (1), or who contravenes subsections (2) or (3) commits an offense and on conviction is liable to a fine not exceeding the maximum amount described in the First Schedule or to a term of imprisonment not exceeding two years, or to both, and in addition any fish or fish products that were taken in violation of subsection (1), (2) or (3) shall be forfeited to the State.

(1) For the purposes of this section: (a) large-scale driftnets” means gillnets or other nets or a combination of nets that are more than two and a half kilometers in length whose purpose is to enmesh, entrap, or entangle fish by drifting on the surface of, or in, the water column; (b) “configured” to use large-scale drift-nets means having on board assembled gear that collectively would allow the vessel to deploy and retrieve large-scale driftnets. (2) The operator of any vessel in Somali waters, or of any Somali vessel within the area of competence of a relevant regional fisheries management organization or otherwise beyond areas of national jurisdiction shall not use large-scale driftnets. (3) An operator of a vessel shall be presumed to have used large-scale driftnets if it is found operating in Somali waters or in the area of competence of a relevant regional fisheries management organization and the vessel is configured to use large-scale driftnets. (4) The operator of a vessel subject to this Act that is configured to use large-scale driftnets shall ensure that such driftnets and related fishing equipment are stowed or secured in such a manner that they are not readily available to be used for fishing. (5) Any operator who does not comply with any requirement in subsections (2), (3) or (4) commits an offense and upon conviction shall be liable to a fine provided in the First Schedule or to a term of imprisonment not exceeding five years, or to both, and in addition, the prohibited gear shall be forfeited to the State and any other penalty provided under this Act.

(1) The operator any vessel, including support, supply and auxiliary vessels, in Somali waters or any Somali vessel within the area of competence of a relevant regional fisheries management organization shall not use aircraft, including unmanned aerial vehicles, as fishing aids unless authorized by the Minister. (2) Aircraft and unmanned aerial vehicles used for scientific or monitoring, control or surveillance purposes are not subject to the prohibition set out in subsection (1). (3) Any operator who does not comply with any requirement in subsection (1), unless excepted under subsection (2), commits an offense and upon conviction shall be liable to a fine provided in the First Schedule and any other penalty provided under this Act.

(1) The operator of any: (a) vessel in Somali waters equipped with purse seine or longline gear; (b) support, supply or auxiliary vessel in Somali waters; or (c) Somali vessel in areas beyond national jurisdiction within the area of competence of a relevant regional fisheries management organization; engaged in fishing for tuna or tuna-like species is prohibited from using, installing or operating surface or submerged artificial lights, including on drifting fish aggregating devices, for the purpose of aggregating or that are likely to aggregate any fish species. (2) Navigation lights and lights necessary to ensure safe working conditions and artisanal fishing vessels operating within the Fisheries Restricted Zone that do not fall within the requirements of paragraph (1) are not affected by this section. (3) Any operator who does not comply with any requirement in subsection (1) commits an offense and upon conviction shall be liable to a fine provided in the First Schedule and any other penalty provided under this Act.

(1) The Minister may by regulation prohibit the use, possession on a vessel, import, purchase or sale of prohibited gear. (2) No person shall use, possess on a vessel, import, purchase or sell gear that is prohibited under this Act or by the Minister in accordance with subsection (1). (3) No person shall use or arrange or permit to be used, and no operator shall carry on board a vessel gear unless it is expressly permitted or authorized under the relevant licence, authorization or permit, except that prohibited gear may be carried on board a vessel where the operator has declared such gear to the Director General prior to entering Somali waters and keeps the gear stowed at all times while in Somali waters. (4) Any person who contravenes subsection (2) or (3) commits an offense and is liable on conviction to a fine not exceeding the maximum amount described in the First Schedule or to a term of imprisonment not exceeding three years, or to both, and in addition, the prohibited gear shall be forfeited to the State.

(1) No person shall buy, sell, possess, export or otherwise trade in fish or fish products taken or obtained in contravention of this Act or an international conservation and management measure, except where such fish or fish products have become the property of the Government after forfeiture. (2) Any person who contravenes subsection (1) commits an offense and is liable on conviction to a fine not exceeding the maximum amount described in the First Schedule or to a term of imprisonment not exceeding three years, or to both, and in addition, all fish and fish products shall be forfeited to the State. (3) Where a person is charged with an offense under subsection (1), the burden of proof shall be on such person to prove that the fish bought, sold, possessed, exported or otherwise in accordance with this Act or an international conservation and management measure.

(1) No person shall, on their own account or in any other capacity: (a) cause or permit a person acting on their behalf to take, buy, sell, import, export, land, tranship, transport, trade, receive or acquire any fish or fish product that was caught in contravention of the laws of another State or of any international conservation and management measure, but does not include fish taken on the high seas contrary to the laws of another State where Somalia does not recognise the jurisdiction of that State over those fish; or (b) use or permit a vessel to be used to engage in fishing or related activities for a purpose referred to in paragraph (a). (2) Notwithstanding any provision in this section, where fish or fish products subject to this section has become the property of Government through forfeiture, Court Order or other judicial process, they may be sold, processed exported or otherwise dealt with in the same manner as other government property and shall not be considered as a product of illegal, unreported or unregulated fishing or related activities. (3) Any person who contravenes any requirement of subsection (1) commits an offense and is liable on conviction to a fine not exceeding the maximum amount described in the First Schedule, or to a term of imprisonment not exceeding three years, or to both and the fish and fish products shall be forfeited to the State. (4) Notwithstanding any other legislation of Somalia, mistake of fact is not a defence to a prosecution for an offense under this section.

(1) No person shall in areas under Somalia jurisdiction, or being a citizen of Somalia or associated with a Somali vessel in areas beyond national jurisdiction, with or without intention, abandon or discard any gear, fish or fish product. (2) Any person who contravenes subsection (1) commits an offense and is liable on conviction to a fine not exceeding the maximum amount described in the First Schedule or to a term of imprisonment not exceeding three years, or to both, and in addition, the prohibited gear shall be forfeited to the State.