Fisheries Act

"serious violation" has the meaning given to it by article 21.11 of the Fish Stocks Agreement;

In the exercise of any powers and functions under this Act, consideration and priority shall be given to the following principles- (f) minimizing pollution, waste, discards, bycatch, loss or abandoned gear and impacts on associated or dependent species, through measures, including, to the extent practicable, the development and use of selective environmentally safe and cost-effective fishing gear and techniques;

In the exercise of any powers and functions under this Act, consideration and priority shall be given to the following principles- (n) ensuring that any conservation and management measures allow for the implementation of relevant international agreements to which The Gambia is a party or has consented to be bound.

(4) A high seas fishing licence shall not be issued if- (a) the Director is not satisfied that The Gambia is able to ensure the effective implementation of the Compliance Agreement and the Fish Stocks Agreement and other international conservation and management measures with respect to the vessel.

(l) A person who imports, lands or transships in the fisheries waters any fish that have been caught contrary to the law of another State or contrary to international conservation and management measures commits an offense and is liable on conviction to a fine not less than five million dalasis and, in default of payment of the fine, to imprisonment for a term not exceeding ten years.

(2) Without limiting the generality of subsection (1), regulations made pursuant to this section may provide for all or any of the following - (d) prohibitions on fishing for whales and other marine mammals;

(1) Every licence shall be subject to such conditions as may be prescribed or endorsed on the licence or specified in any regulations made under this Act, including, but not limited to the foregoing, conditions relating to - (m) the employment and training of Gambian fisherfolks and other personnel.

(1) The Director shall plan and manage an Observer programme to monitor fishing activities conducted in the fisheries waters. The Fisheries Director shall appoint such persons as observers he or she considers fit to be fisheries observers. (2) For the purposes of an access agreement or arrangement entered into under section 38 of this Act or a fisheries management agreement or arrangement entered into under section 40 of this Act, an observer appointed in accordance with the agreement or arrangement is deemed to be an observer appointed in accordance with this Act. (3) This section applies to an observer in the performance of his or her duties as if he or she were appointed under an agreement or arrangement referred to in subsection (2), subject to such terms and conditions as may be prescribed by the Director.

(1) A person on board a fishing vessel in respect of which a licence has been issued under this Act shall permit and assist an observer to board and remain on the vessel for the purposes of carrying out his or her duties and functions in accordance with this Act and as may be prescribed. (2) The master and each member of the crew of a vessel shall immediately comply with every lawful instruction or direction given by an Observer and facilitate safe boarding and inspection of the vessel including any equipment, fishing gear and fished fishery products carried on board that vessel and licence, certificate or other document required under this Act or concerng the operation of the vessel (3) The master and each member of the crew of a vessel shall take all measures to ensure the safety of an observer in the performance of his or her duties and functions. (4) A person who- (a) fails to take all reasonable measures to ensure the safety of an observer In the performance of his or her duties and functions; (b) wilfully obstructs or assaults an observer in the performance of his or her duties and functions; or (c) fails to comply with any lawful instruction or direction given by an observer in the performance of his or her duties and functions, commits an offense and is liable onconv.iction to.a fine not exceeding fifty thousand dollars and, in default of payment of the fine, to imprisonment for a term not exceeding one year, or to both the fine and imprisonment.

(3) An act or omission of a person on the high seas, which, if committed within the fisheries waters, would be an offense against section 74 or section 80 of this Act, is deemed to have been committed within the fisheries waters, whether or not the authorized officer or observer is a Gambian national.

(1) Every licence shall be subject to such conditions as may be prescribed or endorsed on the licence or specified in any regulations made under this Act, including, but not limited to the foregoing, conditions relating to - (f) the transhipment, refuelling or supplying of other fishing vessels or any other activity in support of fishing operations;

“Operator" means any person who is in charge, directs or controls a vessel, or for whose direct economic or financial benefit a vessel is being used, including the master, owner and charterer;

"local fishing vessel" means- (a) a fishing vessel wholly owned and controlled by (i) the Govemment. or by a public corporation or other statutory body established by or under the laws of The Gambia, (ii) one or more natural persons who are Gambians, or (iii) a body corporate established under the laws of The Gambia, which is wholly owned and controlled by one or more of the entities or persons described under sub-paragraphs (i) and (ii), and which has its principal place of business in The Gambia; or (b) a fishing vessel chartered by a Gambian company, which has land-based facilities, for the sole purpose of improving the fishing sector within The Gambia, but excludes any fishing vessel 'Nhich, though owned and controlled as stated in paragraph (a), does not have a genuine and effective link with The Gambia, including where it is not based in The Gambia or where a substantial portion of its financial and economic profits and other benefits arising from its operations in the fisheries waters do not directly benefit the owners or the economy of The Gambia;

(1) The Director may, with the approval of the Secretary of State, suspend, for such period as he or she thinks fit, cancel or revoke, a licence issued under this Act where the holder of the licence - (a) has furnished information which is untrue, incorrect or incomplete in connection with his or her application for the licence; (b) contravenes or fails to comply with any condition of the licence, and, where appropriate, has failed to remedy the noncompliance; (c) contlavenes or fails to comply with any provision of this Act or any of its regulations; or (d) is convicted of an offense under this Act.

(8) Without prejudice to any other provision of this Act, a foreign fishing vessel licence may be refused, suspended, or cancelled on any grounds as may be prescribed, and in particular if (a) international agreements to which The Gambia is a party make it necessary; or (b) the foreign fishing vessel or the owner or operator has a record of undermining the effectiveness of national or international conservation and management measures, or has taken part in illegal fishing in the fisheries waters, the waters of another State or in international waters.

(1) Every licence shall be subject to such conditions as may be prescribed or endorsed on the licence or specified in any regulations made under this Act, including, but not limited to the foregoing, conditions relating to - (k) the installation of automatic location communicators and other specified machinery or equipment necessary for the operation of a vessel monitoring system in respect of the fishing vessel;