FISHERIES CONSERVATION AND MANAGEMENT: SUBSIDIARY LEGISLATION

FISHERIES CONSERVATION AND MANAGEMENT: SUBSIDIARY LEGISLATION

FISHERIES CONSERVATION AND MANAGEMENT (LOCAL COMMUNITY PARTICIPATION) RULES

under s.59

G.N. 26/2000

PART I
PRELIMINARY

1.    Short title

    These Rules may be cited as the Fisheries Conservation and Management (Local Community Participation) Rules.

2.    Interpretation

    In these rules, unless the context otherwise requires—

    “Committee” means a Beach Village Committee;

    “fishing industry” includes fishing, fish processing, fish marketing and fish trading;

    “subcommittee” means a subcommittee of a Beach Village Committee formed pursuant to rule 8;

PART II
BEACH VILLAGE COMMITTEES

3.    Formation of Committees

    Persons engaged in fishing in a particular fishing beach may form a Committee.

4.    Jurisdiction of a Committee

    (1) The jurisdiction of a Committee shall be over one particular beach.

    (2) Where two or more Committees have competing jurisdiction over a beach, the Director shall determine the respective jurisdictions of the Committees.

5.    Objects of Committees

    The object of Committee shall be to participate in the conservation and management of fisheries resources.

6.    Duties of Committees

    (1) A Committee shall have the responsibility for the conservation and management of fisheries resources within its area of jurisdiction.

    (2) Without derogating from the generality of the provisions of subrule (1), a Committee shall have power to—

    (a)    scrutinize applications in respect of registration of fishing vessels of small-scale commercial fishermen and subsistence fishermen;

    (b)    scrutinize applications for fishing licences by small-scale commercial fishermen and subsistence fishermen;

    (c)    keep records of vessels registered and licences issued in respect of its area of jurisdiction;

    (d)    enforce fishing regulations pertaining to—

        (i)    fish species;

        (ii)    fish size;

        (iii)    close season;

        (iv)    fish sanctuaries (closed areas);

        (v)    gear size, type and stowage thereof; and

        (vi)    methods of fishing;

    (e)    enforce conditions specified in licences; and

    (f)    seize fishing vessels and fishing gears which are reasonably believed to have been used in contravention of the Fisheries Conservation and Management Act:

    Provided that the seized item shall be surrendered to a fisheries protection officer within 48 hours after the seizure.

    (3) For purposes of paragraphs (a) and (b) of subrule (2), the Director shall afford a Committee an opportunity to be heard in respect of applications relating to its area of jurisdiction.

7.    Composition of a Committee

    A Committee shall consist of persons who are engaged in any aspect of fishing industry associated with a fishing beach.

8.    Subcommittees

    For the proper management of the affairs of a Committee, each Committee shall form a subcommittee which shall consist of the following office bearers—

    (a)    chairperson;

    (b)    vice-person;

    (c)    secretary;

    (d)    vice-secretary;

    (e)    treasurer;

    (f)    vice-treasurer;

    (g)    five subcommittee members.

9.    Honorary fisheries officers

    The office bearers of a subcommittee shall be appointed honorary fisheries officers under section 4 (1) of the Fisheries Conservation and Management Act.

10.    Constitution of Committee

    (1) A Committee shall adopt a constitution by which the operations of the Committee shall be governed.

    (2) A constitution of a Committee shall contain, inter alia, particulars pertaining to matters set out in the First Schedule.

PART III
REGISTRATION OF LOCAL VESSELS

11.    Registration of local fishing vessels

    An owner of a local fishing vessel who intends to use the vessel for small-scale commercial or subsistence fishing shall apply to the Director for registration of the vessel through the Committee having jurisdiction over the beach in which he intends to do the fishing.

12.    Register of local fishing vessels

    A Committee shall keep a register of local fishing vessels registered to fish within its area of jurisdiction.

13.    Suspension or cancellation of licences

    A Committee may recommend to the Director that he should suspend or cancel any registration or licence made or granted under the Fisheries Conservation and Management Act or amend any of the terms or conditions thereof if—

    (a)    the licensee or person owning the registered vessel is in breach of these Rules;

    (b)    the Committee is satisfied that the registration or licence was made or granted in error or on the basis of false or misleading information;

    (c)    the Committee has reason to believe that the holder of the registration or licence has contravened any of the conditions to which the registration or licence is subject; and

    (d)    the Committee considers that such suspension or cancellation is required for the conservation and management of fisheries resources or economic benefit of Malawi.

14.    Reports to the Director

    A committee shall every three months provide to the Director—

    (a)    a copy of its register of local fishing vessels; and

    (b)    a report on any new registration.

PART IV
FISHING LICENCES

15.    Fishing prohibited without authority

    No person shall fish in fishing waters falling within the jurisdiction of a Committee unless he is authorized to do so by a licence or written authority of a Committee.

16.    Application for a licence

    Written authority…