FISHERIES ACT, 2014

Arrangement of Sections

PART I

PRELIMINARY

1. Short title.

2. Application of Act.

3. Interpretation.

4. Objects of Authority under this Act.

PART II

MANAGEMENT OF FISHERIES

Sub-Part 1 - Management plans and management measures

5. Plan for management of fishery.

6. Management measures.

7. Collection and analysis of statistics and information.

8. Record of fishing vessel to be kept by Authority.

Sub-Part 2 - Special arrangements

9. Power of Minister to enter into fisheries agreements etc.

10. Agreement or authorisation for scientific research on fisheries.

PART III

LICENSING REQUIREMENTS

Sub-Part 1 - Foreign fishing vessel licence

11. Fishing by foreign fishing vessel prohibited without licence.

12. Licence and international agreement.

Sub-Part 2 - Obligations relating to foreign fishing vessel

13. Entry into and exit from Seychelles waters.

14. Entry into harbour or Port Victoria.

15. Stowage.

Sub-Part 3 - Fishing vessel licence or permit

16. Other fishing vessel licence or permit.

17. Refusal to grant licence.

18. Sport fishing vessel permit.

19. Competition sport fishing.

20. Regulations requiring licence or permit for other fishing activities and fishing related activities.

21. Recreational fishing.

22. Validity of licence or permit.

23. Grant of new licence or permit upon termination.

24. Transfer of licence or permit.

Sub-Part 4 - Authorisation to fish outside Seychelles waters

25. Authorisation to fish outside Seychelles waters.

26. Validity of authorisation.

27. Renewal of authorisation.

28. Transfer of authorisation.

Sub-Part 5 - Requirements and conditions relating to fishing vessels and gears

29. Conditions relating to licence, permit or authorisation.

Sub-Part 6 - Control of fishing activities

30. Conditions to fish in within the Exclusive Economic Zone under Maritime Zone Act, 1999.

31. Prohibition against use of poison etc.

32. Prohibition against use of Spear guns, unauthorised gear, chumming, catching of marine mammal.

33. Fish aggregating device.

Sub-Part 7 - Aquaculture

34. Aquaculture.

Part 8 - General

35. Suspension cancellation and revocation of licence, permit or authorisation.

36. Procedure for suspension, cancellation or revocation by Authority.

37. Effect of suspension, cancellation or revocation.

PART IV

APPEALS BOARD

38. Establishment of Appeals Board.

39. Casual vacancy.

40. Meetings of Appeals Board.

41. Powers of witness.

42. Questions of law to be decided by Board consisting with Chairperson.

43. Appeals to Appeals Board.

44. Procedure for commencement of appeal.

45. Stay of operation of decisions etc.

46. Power of Appeals Board on appeal.

47. Appeal to Supreme Court.

PART V

ENFORCEMENT MEASURES

Sub-Part 1 - Powers of Authorised fishery officers in Seychelles waters and beyond, and on land

48. Appointment of authorised fishery officers.

49. Authorised fishery officer.

50. Pursuit beyond Seychelles waters.

51. Powers of entry and search on land of authorised fishery officers.

Sub-Part 2 - Procedure upon seizure

52. Custody of seized items.

53. Security for release of fishing vessel.

54. Procedure for detained fish and other articles.

Sub-Part 3 - Other enforcement measures

55. Implementation of international fishery conservation and management measures.

56. Establishment of observer program.

57. Regional cooperation in surveillance and enforcement.

PART VI

OFFENCES

58. Penalty for unlicenced foreign fishing vessel fishing in Seychelles water.

59. Penalty for using a vessel for scientific research fisheries without approval of Minister.

60. Penalty for landing, transhipping or importing fish to Seychelles etc.

61. Penalty for undertaking aquaculture activity in Seychelles water.

62. Penalty for unlicenced or authorised etc.

63. Penalty for landing, selling or receiving etc.

64. Penalty for removing, tampering, or damaging to detained fishing vessel, etc.

65. Penalty for producing false or misleading document.

66. Penalty where no penalty is provided.

67. Proceedings before court.

68. Procedure regarding articles in custody of court.

69. Presumption.

70. Forfeiture of vessel, fish, etc.

PART VII

MISCELLANEOUS

71. Agent.

72. Compounding of offences.

73. Rules of evidence regarding vessel monitoring system information.

74. Rules of evidence regarding vessel monitoring device.

75. Photographic evidence.

76. Application of Public Officers (Protection) Act.

77. Regulations.

78. Repeal.

79. Savings and Transitional provisions.

20 of 2014.

SI 1 of 2015.

AN ACT to provide for efficient and effective management and sustainable development of fisheries in accordance with international norms, standards and best practice and an ecosystem approach to fisheries, to provide for the licensing of fishing vessel, to regulate sport fishing, fishing activities, to provide for offences and penalties and to repeal the Fisheries Act, 1986 and to provide for matters connected therewith or incidental thereto.

[Date of commencement: 13th January 2015]

PART I

PRELIMINARY

1. Short title.

This Act may be cited as the Fisheries Act, 2014.

2. Application of Act.

This Act shall apply to—

(a) a person, a fishing vessel, a fishing activity or fishing related activity and other matter in Seychelles or in Seychelles waters;

(b) a joint venture fishing vessel, a local fishing vessel, a Seychelles fishing vessel on the high seas or in waters under the jurisdiction of another State and all persons on board the vessel; and

(c) a person and a fishing vessel in any other waters—

(i) following hot pursuit in accordance with international law as referred to in Article III of the United Nations Convention on the Law of the Sea 1982; or

(ii) as required by an arrangement or agreement to which Seychelles is a party; or

(d) a citizen of Seychelles who uses any vessel registered in Seychelles and commits an offence outside Seychelles waters under this Act.

3. Interpretation.

In this Act, unless the context otherwise require—

“Appeals Board” means the board established under section 38;

“applicant”, in relation to an application for a licence, authorisation or permit, includes any person making the application on his or her behalf and with his or her authorisation;

“aquaculture”—

(a) means the cultivation, propagation or farming at sea or on land of fish from eggs, spawn, spat, fingerling or seed; and

(b) includes the rearing and ranching of fish taken locally or imported into Seychelles;

“authorised fishery officer” means a person so appointed under section 48(1) or deemed to be authorised fishery officer under section 48(2);

“Authority” means the Authority established by the Seychelles Fishing Authority (Establishment) Act, 1984;

“authorisation” means the permission that a person or vessel shall obtain to fish in Seychelles waters or engage in fishing related activities for the purpose of scientific research or to fish outside Seychelles waters;

“beneficial owner” means the person who exercises ultimate dominion without the consent of any other person, or who is able to secure that consent by arrangement or as of right, and in the case of a trust, agency, nominee or other such arrangement (whether formal, or in writing, or otherwise) and includes the ultimate beneficiary, the principal or the person represented by the nominee respectively and cognate words shall be construed accordingly;

“by-catch”—

(a) means fish harvested in a fishery but which—

(i) are not the species of fish that are directly targeted or appear to be directly targeted;

(ii) belong to any species not identified as by-catch in an applicable licence or plan of management for a fishery; or

(iii) belong to any species not identified in an applicable licence or plan of management for a fishery except for the species falling within subparagraph (i);

(b) includes discards; and

“co-management arrangement” means a partnership arrangement in which the Government, local resource users (fishers), organisations including Non-Governmental Organisations, and other fisheries and marine resource stakeholders including tourism operators who share the responsibility and authority for decision making in the Management of a fishery;

“competition sport fishing” means any fishing activity which—

(a) is undertaken for sport among competitors who are observing a prescribed set of rules;

(b) involves the hiring, chartering or leasing of a vessel not exceeding 40 metres in length overall, and catch for charitable purposes authorised by the Authority and

(c) does not result in the trading, offering for sale or selling of fish;

“continental shelf” has the meaning given to it under section 11 of the Maritime Zones Act;

“ecosystem approach to fisheries” means an approach that balances diverse societal objectives by taking into account the knowledge and uncertainties about biotic, abiotic and human components of ecosystems and their interactions, and applying an integrated approach to fisheries within ecologically meaningful boundaries;

“exclusive economic zone” has the meaning given to it under section 9 of the Maritime Zones Act;

“fish” means any aquatic plant or animal with the exception of birds, and includes any fish, crustacean, mollusc’s, coral, echinoderm, holothurian, or aquatic reptile or aquatic mammal and its shell, eggs and any other naturally occurring products;

“fish aggregating device” means any device placed in the water to aggregate fish and includes any natural floating object upon which a device has been placed to facilitate its location;

“fish product” means—

(a) any fish or part of any fish; or

(b) any fresh, frozen, prepared or processed fish products;

“fishery”—

(a) means one or more stacks of fish, vessels and gears used to capture fish and which can be integrated as a unit for the purpose of conservation, management and development of fishery; and

(b) includes the activities leading to, resulting in, and resulting from the harvesting of fish through the capture of wild fish or the raising of fish through aquaculture;

“fishing”—

(a) means—

(i) searching for, catching, taking or harvesting fish or attempting any such activity;

(ii) placing, searching for or recovering a fish aggregating device or associated equipment including a radio beacon; and

(b) includes activities performed in support of fishing;

“fishing related activity” means—

(a) transshipping fish to or from any vessel;

(b) landing of fish from any vessel;

(c) storing, packaging or processing of fish;

(d) transporting fish except as part of a general cargo;

(c) refuelling or supplying fishing vessels;

(f) attempting or preparing to do any of the acts referred to in paragraphs (a) to (e);

“fishing vessel”—

(a) means any vessel used, intended to be used or cup-able of being used for fishing or fishing related activity; and

(b) includes a support ship, carrier vessel and any other vessel directly or indirectly involved in fishing operations or used for the treatment or Processing of fish or wholly or partly for the transport of fish;

“foreign fishing vessel” means a vessel not registered in Seychelles;

“gear” includes any net, pot, trap, line, pole, dredge, fish aggregating device or other apparatus of any kind and any attachment of any kind thereto, used or capable of being used for catching fish including mechanical equipment used or capable of being used for the casting or hauling of any such item and includes all and any electronic devices wholly or partly used or capable of being used for locating fish or establishing the position of fish;

“harbour” means harbour of Victoria and any bay, road-stead or place within three nautical miles from any coast within Seychelles;

“international fisheries conservation and management measure” means a measure established by a Regional Fisheries Management Organisation or other international fisheries management organisation to which Seychelles is a party;

“joint venture fishing vessel” means a fishing vessel which—

(a) is registered in Seychelles under the Merchant Shipping Act;

(b) exceeds 18 metres in length overall;

(c) is to be licenced for tuna and tuna-like species, and other species as per condition of the licence.

(d) is wholly beneficially owned by a company established under any the written law of which at least 51 percent of the actual effective shares are beneficially owned by a citizen of Seychelles and having a place of business in Seychelles;

“licence” means the permission that a person shall obtain before engaging in a fishing activity or fishing related activity;

“local fishing vessel” means a fishing vessel which is—

(a) registered or identified as such under the Merchant Shipping Act; and

(b) wholly beneficially owned by one or more citizens of Seychelles or by a company established under any written laws of which all of the shares are beneficially owned by citizens of Seychelles;

“Minister” means the Minister responsible for fisheries;

“master”, in relation to a vessel, means the person for the time being in command or in charge of the vessel;

“observer” means a person appointed by the Seychelles Fishing Authority as such under section 56(2);

“owner”, in relation to a vessel—

(a) means a beneficial owner; and

(b) includes—

(i) any part owner;

(ii) charterer, whether bare boat, time or voyage;

(iii) a person who acts in the capacity of a charterer; and

(iv) a party upon whom control over the destination, function, operation of the vessel is conferred under a management agreement or a similar agreement;

“permit” means the permission that a person shall obtain before engaging in a fishing activity or fishing related activity in Seychelles waters;

“recreational fishing” means any fishing activity undertaken by a vessel not exceeding 10 metres for recreational purposes which does not involve any commercial activity and result in the trading, offering for sale or selling of fish;

“Regional Fisheries Management Organisation” means a subregional or agreement having the competence to establish conservation and management means for particular straddling fish stocks or highly migratory fish stocks as specified in the United Nations Fish Stocks Agreement 1995;

“Register” means the register of ships kept by the Registrar under the Merchant Shipping Act;

“sedentary species” means any organism which, at the harvest able stage, are immobile on or under the sea-bed or unable to move except in constant physical contact with the sea-bed or the subsoil;

“Seychelles fishing vessel” means any fishing vessel which is—

(a) registered in Seychelles under the Merchant Shipping Act;

(b) to be licenced for tuna and tuna-like species, and other species as per condition of the licence; and

(c) wholly beneficially owned by one or more foreign citizens only or by a company established under the written laws of Seychelles of which all of the shares are beneficially owned by foreign citizens;

“Seychelles waters” means the exclusive economic zone, the territorial sea, archipelagic waters, internal waters and all other waters subject to the fisheries jurisdiction of Seychelles;

“sport fishing” means any fishing activity undertaken for sport or recreation which involves the hiring, chartering or leasing of a vessel and its annexes not exceeding 40 metres in length overall but which does not result in the trading, offering for sale or selling of fish;

“sport fishing permit” means the permission that a vessel shall obtain before it engages in any form of sport fishing;

“vessel” includes every description of water craft used or capable of being used as a means of transportation on water;

“vessel monitoring device” means a device, instrument or equipment which monitors and records and/or transmits automatically, either independently or in conjunction with other equipment, information relating to all aspects of the fishing operations of the vessel;

“vessel tracking device” means a device, installment or equipment installed or placed on board a fishing vessel which independently transmits and records automatically, information relating to the location and fishing activities including sailing route of the vessel;

“vessel monitoring system” means a satellite based monitoring system approved by the Authority which at regular intervals provides data from the vessel monitoring device on board a vessel to the Authority.

4. Objects of Authority under this Act.

The objects of the Authority under this Act shall be to provide for the effective management and sustainable development of fisheries in accordance with—

(a) internationally recognized norms, standards and best practice including the United Nations Convention on the Law of the Sea (1982) and the Code of Conduct for Responsible Fisheries, 1995 of the Food and Agriculture Organisation, Indian Ocean Tuna Commission Conservation and Management measures; and

(b) an ecosystem approach to fisheries which ensures that the development and management of fisheries addresses the multiple needs and desires of the society without jeopardising the options for future generations to benefit from the full range of goods and services provided by marine ecosystems.

PART II

MANAGEMENT OF FISHERIES

Sub-Part 1

Management plans and management measures

5. Plan for management of fishery.

(1) The Authority shall prepare and keep under review a plan for management of a fishery.

(2) A plan for management of a fishery may set out—

(a) the current state of the fishery;

(b) the biological, ecological and socioeconomic objectives for the fishery;

(c) the management strategy for the fishery including biological, ecological and socioeconomic indicators and reference points;

(d) the management measures by which the objectives and strategy are to be attained, including harvest control rules;

(e) the amount of fish or fishing effort to be allocated, if the measures include quota systems, between individuals or fishing fleets;

(f) measures to mitigate ecosystem impacts in accordance with best practice for adoption of an ecosystem approach to fisheries, including by-catch and habitat damage;

(g) the licensing measures to be applied;

(h) the role of stakeholders in decision making relating to the management plan; and

(i) performance criteria against which, and time frames within which, the measures taken under the plan of management may be assessed.

(3) In the preparation or review of the plan for the management of a fishery, the Authority shall consult the fisheries industry, local fishermen and such other persons engaged in fishing and fishing related activities as appear to the Authority to be appropriate.

(4) In the management of a fishery, the Authority, if it considers necessary, may enter into a co-management arrangement with any person.

(5) The Authority may consult the fisheries management authorities of other States in the Indian Ocean, and in particular with those sharing the same or related stocks, with a view to ensuring the harmonisation of their respective plans for the management of fisheries.

(6) The fishery management plan or review of the plan shall be submitted to the Minister for approval.

(7) The Minister shall cause the plan for the management of a fishery or review of the plan approved under subsection (6) to be published in the Gazette.

(8) Compensation is not payable, where a management plan is made or amended or anything previously permitted is prohibited or regulated under the plan.

(9) Subsection (8) does not prevent regulations or a management plan providing for payment of compensation.

6. Management measures.

(1) The Minister may make regulations prescribing measures for the proper management of a fishery.

(2) Without prejudice to the generality of subsection (1), regulations may provide for—

(a) closed seasons;

(b) closed areas or waters;

(c) species of fish to be regulated;

(d) specifications of authorised gear;

(e) size or other characteristics of fish;

(f) prohibited fishing method and gear;

(g) limitation of catch or effort by restricting entry or by determining a total allowable catch or total allowable effort including the establishment of any quota system allocating catch or effort;

(h) fishing capacity controls; and

(i) by-catch, discards and habitats to be avoided.

(2) Any regulations made under this section prescribing management measures may regulate the following—

(a) taking, possessing, purchasing, selling, importing or exporting of any gear or fish; or

(b) engaging in fishing or fishing related activities in the closed areas or waters or possessing or using a vessel, aquaculture equipment, fish aggregating device or anything else in the closed areas or waters.

(3) Compensation is not payable if measures for the proper management of a fishery are made or amended or anything previously permitted is prohibited or regulated under the regulations.

(4) Subsection (3) does not prevent regulations made under this section providing for payment of compensation.

7. Collection and analysis of statistics and information.

(1) The Authority shall collect and analyse statistical data and other information on fisheries, fishing related activities and aquaculture, including fishermen engaged in fishing activities.

(2) Every person engaged in fishing, fishing related activities or aquaculture shall supply information regarding such activities to the Authority in such form and manner as may be prescribed by the Minister.

(3) A person who receives information pursuant to this Act shall not use or disclose such information except for the purposes of this Act.

(4) Without prejudice to subsection (3), information relating to the position of a fishing vessel received by the Authority pursuant to this Act shall be communicated to the relevant authority—

(a) upon request, for the purposes of search and rescue; or

(b) where the Authority has reasonable grounds for believing that an offence is being or is about to be committed or for the purposes of a criminal investigation.

(5) The Minister may enter into arrangements or agreements with other States or territories, either directly or through an international organisation, providing for the exchange, in a standardised format, and in a manner consistent with applicable confidentiality requirements, of fisheries information, including evidentiary information relating to breaches of national fisheries legislation’s and international fisheries conservation and management measures.

8. Record of fishing vessel to be kept by Authority.

(1) The Authority shall make and maintain a Record of fishing vessels that have been granted a licence, permit or an authorisation under this Act and take all measures to ensure that all such fishing vessels are entered in the Record of fishing vessels.

(2) The Record of fishing vessels shall contain—

(a) the name of the fishing vessel;

(b) the port and country of registration;

(c) the identification number of the fishing vessel;

(d) any identification mark assigned to the fishing vessel;

(e) previous registration details;

(f) communication details;

(g) the Lloyd’s or International Maritime Organisation registration number;

(h) the international radio call sign;

(i) the length overall, draft and beam;

(j) the engine power;

(k) the net and gross tonnage;

(l) the type of refrigeration system;

(m) the material of build;

(n) the hold capacities in cubic metres;

(o) the date of build;

(p) the number of crew including fishermen;

(q) the name and address of the agent in Seychelles;

(r) the name, address and nationality of any person with beneficial ownership of the fishing vessel;

(s) particulars of any previous offences committed by the use of the fishing vessel;

(t) type of gear; and

(u) any other information as the Authority may determine.

(3) If a person in control of a fishing vessel is convicted of an offence under this Act involving the use of a fishing vessel, the Authority may, in appropriate circumstances, record the conviction in the Record of Fishing Vessels against the licence, permit or authorisation applying to the vessel even though the person is not the holder of the licence, permit or authorisation.

Sub-Part 2

Special arrangements

9. Power of Minister to enter into fisheries agreements etc.

(1) The Minister may enter into agreements with other states, intergovernmental organisations or associations representing foreign fishing vessel owners, allocating fishing rights in Seychelles waters to vessels of those states, organisations or associations.

(2) The total fishing rights allocated by agreements made under subsection (1) shall be in accordance with any applicable plan for the management of a fishery or international fisheries conservation and management measures, and where such plan or measures do not exist, a precautionary approach shall be applied.

(3) An agreement negotiated under subsection (1) shall include provisions establishing the responsibility of those other states, intergovernmental organisations or associations representing foreign fishing vessel owners, to take all necessary measures to ensure compliance by their fishing vessels in Seychelles waters with—

(a) any such agreement;

(b) the written laws of Seychelles relating to fishing and fishing related activities;

(c) any international fisheries conservation and management measures; and

(d) such other provisions as may be prescribed.

10. Agreement or authorisation for scientific research on fisheries.

(1) The Authority, having received the approval of the Minister, shall—

(a) enter into agreements with persons or institutions to carry out fisheries-related research in any part of Seychelles waters; or

(b) in writing grant an authorisation to any person or vessel to fish in Seychelles waters or engage in fishing related activities for the purpose of scientific research.

(2) An authorisation under subsection (1)(b) may be on terms and conditions specified by the Authority.

PART III

LICENSING REQUIREMENTS

Sub-Part 1

Foreign fishing vessel licence

11. Fishing by foreign fishing vessel prohibited without licence.

(1) A foreign fishing vessel shall not be used for fishing or any fishing related activity in Seychelles waters or for sedentary species on the continental shelf, except under and in accordance with a licence granted by the Authority.

(2) An application for a licence shall be made to the Authority in the prescribed form and manner accompanied with the prescribed fee.

(3) Subject to this section, the Authority may, on terms and conditions determined by it, grant a licence in the prescribed form, authorising the use of a foreign fishing vessel, for the purpose of fishing or any fishing related activity in Seychelles waters or for sedentary species on the continental shelf.

(4) A licence under subsection (3) shall—

(a) be granted on payment of such fee as provided for in an international agreement under section 12; or

(b) in the absence of an agreement under section 12, be granted on payment of the prescribed fee.

(5) A licence under this section shall, unless earlier cancelled or revoked under section 35, not extend beyond the term of the licence or an international agreement under section 12.

(6) The Authority shall refuse to grant a licence under this section—

(a) until an application in respect of the licence notifies the Authority of the name and address of the vessel’s agent, pursuant to section 71;

(b) where the foreign fishing vessel in respect of which the licence is sought has a record of non-compliance with international fisheries conservation and management measures except where the ownership of the vessel has subsequently changed and the new owner provides sufficient evidence to the satisfaction of the Authority that the previous owner or master has no legal, beneficial or financial interest in, or control of, that foreign fishing vessel;

(c) where the foreign fishing vessel in respect of which the licence is sought is included in a list of fishing vessels having engaged in, or supported, illegal, unreported or unregulated fishing established by a Regional Fisheries Management Organisation or any other appropriate regional or international organisation;

(d) where the foreign fishing vessel in respect of which the licence is sought is not recorded on the list of authorised fishing vessels by a Regional Fisheries Management Organisation to which Seychelles is a party or on any other list of authorised fishing vessels that is recognized by the Authority;

(e) where an application in respect of a foreign fishing vessel has not provided sufficient financial and other guarantees for the fulfilment of all obligations as may be determined by the Authority;

(f) unless it is satisfied that the vessel in respect of which the licence is sought has satisfied all financial obligations in respect of previous fishing activities or fishing related activities in Seychelles waters under a previous licence granted under this Act, by that fishing vessel, its master or owner at the time of the application for a licence.

12. Licence and international agreement.

A foreign fishing vessel licence shall not be granted under section 11, unless—

(a) there is an agreement in force between the Republic of Seychelles and an intergovernmental organisation to which a member State of the organisation in which the vessel is registered has delegated the power to negotiate fishing agreements;

(b) there is an agreement in force between the Republic of Seychelles and an association representing foreign fishing vessel owners of which the owner of the fishing vessel is a member;

(c) there is an agreement entered into under section 9; or

(d) the Minister determines that an agreement under section 9 is not practical and the applicant provides sufficient financial and other guarantees for the fulfilment of all obligations under this Act as the Minister may determine.

Sub-Part 2

Obligations relating to foreign fishing vessel

13. Entry into and exit from Seychelles waters.

The master, of a foreign fishing vessel licenced under section 11, shall at least 24 hours before the vessel enters into and exits from, Seychelles waters, provide by fax or email or any other means approved by the Authority, to the Authority, in addition to any other authority or body required under any other written law, its position at the time of entry into, and exit from, the Seychelles waters and the quantity of fish on board by species.

14. Entry into harbour or Port Victoria.

The master of a foreign fishing vessel—

(a) not licenced pursuant to section 11 shall, by fax or email or any other means approved by the Authority, at least 48 hours; or

(b) licenced pursuant to section 11 shall, by fax or email or any other means approved by the Authority, at least 24 hours,

before the expected time of arrival of the vessel in the harbour or Port Victoria, notify the Authority, in addition to any other authority or body required under any other written law, of the purpose of its call and provide any position report that may be required.

15. Stowage.

A foreign fishing vessel that is not licenced pursuant to section 11 shall, at all times that it is in Seychelles waters, keep its gear stowed in such manner as may be prescribed and deactivate and not use any device on board that is used directly or indirectly for detecting fish.

Sub-Part 3

Fishing vessel licence or permit

16. Other fishing vessel licence or permit.

(1) A joint venture fishing vessel, a local fishing vessel or a Seychelles fishing vessel shall not be used for fishing or any fishing related activity in Seychelles waters except under and in accordance with a licence granted by the Authority.

(2) An application for a licence under this section shall be made to the Authority in the prescribed form and manner and accompanies with prescribed fees.

(3) An application under subsection (2) shall provide the Authority with such information as it require for a proper consideration of the application.

(4) Subject to section 17, the Authority may, on such terms and conditions as it may determine, grant a licence in the prescribed form, for the use of the vessel for the purpose of fishing or any fishing related activity in Seychelles waters.

(5) A licence under subsection (4) shall be granted on payment of the prescribed fee.

17. Refusal to grant licence.

The Authority shall refuse to grant a licence under section 16—

(a) unless it is satisfied that the vessel in respect of which the licence is sought is a joint venture fishing vessel, a local fishing vessel or a Seychelles fishing vessel as defined;

(b) in respect of a Seychelles fishing vessel, until the application in respect of the vessel notifies the Authority of the name and address of the vessel’s agent, pursuant to section 71;

(c) where the grant of the licence is not compatible with this Act, a regulation made thereunder or a licensing program specified in a plan for the management of a fishery under section 5;

(d) unless it is satisfied that the applicant will be able or willing to comply with the terms and conditions of the licence;

(e) unless it is satisfied that the applicant has satisfied such requirements as the Authority may determine;

(f) where the fishing vessel in respect of which the licence is sought has a record of non-compliance with international fisheries conservation and management measures except where the ownership of the fishing vessel has subsequently changed and the new owner provides sufficient evidence to the satisfaction of the Authority demonstrating that the previous owner or master, has no legal, beneficial or financial interest in, or control of, the fishing vessel; or

(g) where the fishing vessel in respect of which the licence is sought is not included in a list of vessels having engaged in, or supported, illegal, unreported or unregulated fishing established by a Regional Fisheries Management Organisation or any other appropriate regional or international organisation.

18. Sport fishing vessel permit.

(1) A vessel shall not be used for sport fishing in Seychelles waters except under and in accordance with a sport fishing permit granted by the Authority.

(2) An application for a sport fishing permit under this section shall be made to the Authority in the prescribed form and manner accompanied with the prescribed fees.

(3) Subject to this section the Authority may, on such terms and conditions as it may determine, grant a sport fishing permit in the prescribed form authorising a vessel to be used in Seychelles waters or, for such sport fishing activities as may be specified in the permit.

(4) A sport fishing permit under subsection (3) shall be granted on payment of the prescribed fee.

(5) The Authority shall refuse to grant a sport fishing permit under this section unless it is satisfied that—

(a) the grant of the sport fishing permit is compatible with this Act, a regulation made thereunder or a licensing program specified in a plan for the management of a fishery under section 5;

(b) the applicant will be able or willing to comply with the terms and conditions of the sport fishing permit;

(c) the vessel in respect of which the sport fishing permit is sought has no record of non compliance with international fisheries conservation and management measures except where the ownership of the vessel has subsequently changed and the new owner provides sufficient evidence to the satisfaction of the Authority that the previous owner or master has no legal, beneficial or financial interest in, or control of, the vessel; or

(d) the vessel in respect of which the sport fishing permit is sought is not included in a list of vessels having engaged in, or supported, illegal, unreported or unregulated fishing established by a Regional Fisheries Management Organisation or any other appropriate regional or international organisation.

19. Competition sport fishing.

(1) A person shall not organise or cause to be organised a competition sport fishing in Seychelles waters except under and in accordance with a permit granted by the Authority.

(2) A vessel shall not be used for the purposes of competition sport fishing in Seychelles waters except under and in accordance with a permit granted by the Authority.

(3) A holder of a sport fishing permit may apply for a permit under this section.

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