|Name:||Fisheries Act, 2007 (Act No. 20 of 2007).|
|Type of legislation:||Law, Act|
|Entry into force:|
|Bibliography:||Act on-line FAOLEX (Food and Agricultural Organization of the United Nations) PDF of Act (consulted on 2011-07-11)
|Abstract/Citation:||This Act makes provision with respect to the management and conservation of fisheries resources in The Gambia, regulates fishing by nationals of The Gambia on the High Seas and prescribes rules relative to aquaculture, fish processing and import and export of fisheries products.
The Act consists of 107 sections divided into 17 Parts: Preliminary (I); Administration (II); Fisheries Advisory Committee (III); Fisheries conservation, management and development (IV); Fisheries Fund (V); General licence requirements (VI); Local licensing requirements (VII); Foreign licensing provisions (VIII); High Seas fishing (IX); Aquaculture (X); Fish processing, import and export (XI); Prohibitions (XII); Powers of authorized officers (XIII); Fisheries observers (XIV); Sale, release and forfeiture of retained property (XV); Jurisdiction and evidence (XVI); Miscellaneous (XVII).
The Secretary of State responsible for fisheries shall be charged with the administration of this Act. The Director of Fisheries, under the supervision of the Secretary of State, shall be responsible for the implementation of the policy and measures regarding the fisheries sector and aquaculture and shall issue licences. The Fisheries Advisory Committee, established by this Act, shall advise the Secretary of State on policies required for the implementation of this Act.
The Director shall draft plans for the management and development of fisheries and aquaculture and may establish management committees for each plan. The Secretary of State may declare special management areas for the purpose of community-based fisheries management and other stated purposes. For purposes of community-based fishing, the Secretary of State may also establish Community Fisheries Centres.
The Fisheries Development Fund, established under this Act, shall be used for, among other things, fisheries monitoring, control and surveillance.
The Act sets out general licence requirements and specific conditions for local fishing vessels and foreign fishing vessels. As for foreign fishing, the Act sets out conditions of access and contains provisions regarding behaviour of foreign fishing vessels in waters of The Gambia. The Act prescribes the requirement of a licence to be issued by the Director and an authorization of the Secretary of State to fish on the High Seas and the Director shall maintain a record of High Seas fishing vessels.
Provisions regarding aquaculture deal with a variety of matters including; licensing, conditions, protection of the aquatic ecosystem, introduction of exotic species, public leasing of lands, exclusive rights to farm and harvest, restoration of the environment and control of fish diseases.
One Part of the Act sets out a variety of prohibitions including; the use of explosives in fishing, possession of prohibited gear, use of industrial driftnets, discharge of waste and import of illegal fish.
Other provisions of the Act concern, among other things, powers of persons designated by the Secretary of State as authorized officers, measures of control and enforcement and regulation-making powers of the Secretary of State.
Repeals the Fisheries Act, 1991 (Act No. 10 of 1991).