Deep Sea Fisheries Management Act
Fishing Offenses & Infractions
Observers
Does the law/regulation provide for observers and are there requirements for the nationality of observers?
Article 16
(1) The functions and powers of the Director General shall be to: (n) appoint in writing among officers of the Authority to be licensing officers, fisheries inspectors, fisheries observers or authorized officers to carry out duties as prescribed in the Regulations; and (o) perform such functions or exercise such powers as may be prescribed or necessary to carry.
Transshipment
Does the law/regulation provide for transshipment?
Article 39
(1) A person shall not engage in trans-shipment activities at sea: (a) in the Exclusive Economic Zone; or (b) in respect of any national of the United Republic including any Tanzanian fishing vessel, in areas beyond national jurisdiction, except in accordance with a written permission under section 29 of this Act. (2) A person who contravenes this section commits an offense and shall, on conviction, be liable to a fine not exceeding the maximum amount set out in the Second Schedule to this Act.
Vessel Registration & License Management
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
Article 35
(1) A person shall not, being an operator of a fishing vessel, engage in any fishing activities unless such person has a valid and applicable licence, authorization or other permission issued in accordance with this Act. (2) Subject to subsection (1), the terms and conditions of licence, authorization and other permission shall be prescribed in the Regulations. 36.-(1) The holder of a licence, authorization or other permission issued under this Act shall: (a) comply with the terms and conditions of the licence, authorization or other permission; (b) comply with this Act, and any other written law, applicable Access Agreement and any applicable international conservation and management measure;and (c) comply with all relevant provisions of the laws of the United Republic relating to navigational standards, seaworthiness and safety of vessels at sea. (2) A person who contravenes this section commits an offense and shall, on conviction, be liable to a fine not exceeding the maximum amount set out in the Second Schedule to this Act, and in addition, the person’s licence may be suspended or cancelled.
Article 36
(1) The holder of a licence, authorization or other permission issued under this Act shall: (a) comply with the terms and conditions of the licence, authorization or other permission; (b) comply with this Act, and any other written law, applicable Access Agreement and any applicable international conservation and management measure;and (c) comply with all relevant provisions of the laws of the United Republic relating to navigational standards, seaworthiness and safety of vessels at sea. (2) A person who contravenes this section commits an offense and shall, on conviction, be liable to a fine not exceeding the maximum amount set out in the Second Schedule to this Act, and in addition, the person’s licence may be suspended or cancelled.