Fisheries Act 2003

The Minister shall by notice published in the Gazette impose conditions that are necessary for the proper management of fisheries which are- (q) establishing effective mechanism for fisheries monitoring, surveillance control and enforcement, to ensure compliance with conservation and management measure as well as those adopted by regional or sub regional organizations or arrangements;

Any person, who uses explosives to kill fish or, destroys aquatic flora, commits an offense and upon conviction shall be liable to imprisonment for a term of not less than five years and not exceeding ten years. (2) If any person, without lawful excuse the burden of proof which shall be on him is found in possession of explosive within or in the vicinity of any water body, shall be guilty of an offense against this Act, and upon conviction shall be liable to imprisonment for a term of not less than one year and not exceeding five years.

(1) The Minister may make regulations for the better carrying out of the objects and purposes of this Act and may by such regulations, make provisions which, in his opinion, are necessary or expedient for the purpose of protecting, conserving, developing, regulating or controlling the capture, collection, gathering, processing, storage or marketing of fish, fish products, aquatic flora or products of aquatic flora. (2) Without prejudice to the generality of subsection (1), the Minister may make regulations - (a) providing for the issuance, suspension and cancellation of licences or authorities granted or given under this Act or any subsidiary legislation made under this Act; (b) prescribing the terms and conditions upon which any such licence or authority may be granted or issued; (c) prescribing the forms of application for licences and responsible authorities; (d) prescribing fees for licences and authorities; (e) requiring all or any category of fishing vessels to be registered; (f) providing for and regulating the description, specifications and form of nets to be used in fishing and the size of the meshes; (g) prohibiting or regulating the use of any description of fishing gear; (h) prohibiting, restricting or regulating the importation into Mainland Tanzania any live fish, other than fish indigenous to Mainland Tanzania; (i) prohibiting or regulating the exportation of fish, aquatic flora or any fish product or product of aquatic flora; (j) prohibiting or restricting the use of explosives for the purpose of fishing; (k) prohibiting or restricting the use of any poisonous chemical or toxic substance for the purpose of fishing; (l) prohibiting or restricting the capturing, collection, removal or destruction of any variety of fish, aquatic flora, product or product of aquatic flora; (m) providing for the protection of critical habitats; (n) preventing the obstruction and pollution of territorial waters; (o) controlling the import and export of fish, aquatic flora, fish products or products of aquatic flora; (p) determining and imposing closed periods; (q) limiting or controlling the number and size of fishing vessels; (r) regulating the marketing of fish, aquatic flora, fishery products or products of aquatic flora; (s) prohibiting, regulating or controlling the activities of foreign fishing vessels within territorial waters; (t) regulating the processing of fish, fish products or aquatic flora or products of aquatic flora; (u) prescribing conditions under which every processor of fish, fish products or products of aquatic flora shall comply; (v) prescribing specifications to which any factory building or other premises used for the purpose of fish processing, storage or sale of any fish, fish product, aquatic flora or product of aquatic flora shall conform; (w) controlling and regulating importation, manufacturing and construction of fishing gears; (x) regulating the structure, functions and powers of authorized associations; (y) regulating the remunerations and fringe benefits for the Unit; (z) providing for and regulating the conditions under which industrial fishing shall be undertaken; (aa) providing for and regulating the manner in which aquaculture shall be undertaken; (bb) providing for the issuance of identification cards and conditions under which they shall be used; (cc) providing for protection of biodiversity of aquatic habitats, ecosystems and endangered species; (dd) regulating artisanal fisheries; (ee) providing for the restoration and recovery of depleted stocks; (ff) providing for and regulating the manner in which genetic resources shall be managed; (gg) providing for marking of fishing gears; (hh) providing for recovery of lost and abandoned fishing gears; (ii) regulating the use of fish aggregating devices; and (jj) providing for data collection and reporting.

(1) Where an authorized officer has reason to believe that, any fishing gear, vessel, fish or fish product has been abandoned for the purpose of avoiding prosecution, he shall apply to court for an order to dispose of the gear vessel, fish or fishery product.

The Minister shall by notice published in the Gazette impose conditions that are necessary for the proper management of fisheries which are (j) regulating the landing of fish and providing for management of fish landing stations; (u) regulate transshipment of fish or fish products to ensure compliance with all conservation and fishery management measures.

'owner'' as applied to registered fishing vessel or gear, means the registered owner or holder of a fishing licence

(2) No order made under subsection (1) shall be made if the owner of such vessel or vehicle satisfied the court that the vessel or vehicle was used without his knowledge or consent.

(3) There shall be a central registry of fishing vessels registered in accordance with the provisions of this Act.

(1) The Minister shall by notice published in the Gazette, prescribe fees for fishing vessel registration various licences, services,permits and export royalties.

No foreign fishing vessel shall be licensed to fish in the territorial waters.

(1) Notwithstanding the provisions of section 19, the Director or any authorized officer shall for purposes of scientific research, complementary's educational and food supply with the consent in writing of the Minister, grant any fishing licence or to fish authority, as the case may be, to any person who is not a citizen of the United Republic, or, in the case of a body corporate, to any body corporate which is not incorporated by or under any written law. (2) in case of a fishing vessel flying a foreign flag, such vessel shall not change her foreign flag unless the Registrar of Ships has consulted the Director on the same.