Fisheries Act, 2002 (Act 625)

This section establishes the Fisheries Commission and gives it corporate status and powers.

The Commission must regulate and manage Ghana’s fishery resources and carry out the listed fisheries functions.

The Minister responsible for fishery oversees the Commission and may give it written policy directions, which the Commission must follow.

The Commission must include a chairperson, specified representatives, one qualified person, and the Director, and the named representatives must be nominated by the relevant bodies and meet rank requirements.

The President appoints the Commission’s chairperson and members after consulting the Council of State.

The Commission must meet regularly, the chairperson must summon special meetings on request, quorum is seven members, and members missing three consecutive meetings without reasonable excuse cease to be members.

The Commission may co-opt advisers to its meetings, but co-opted persons cannot vote.

Commission or committee members with a personal interest must disclose it and must not participate in related deliberations or decisions.

The Commission may appoint committees when it considers them necessary to carry out its functions effectively.

The Commission must appoint a Fisheries Settlement Committee of 3 to 5 members to hear and settle complaints from people aggrieved about fishing-industry matters. The committee may use specialists, must run its own procedures, and must act fairly and in line with natural justice.

The Commission may appoint fishery licence evaluation committees to assess licence applications, and appointed committees must evaluate referred applications and send recommendations to the Commission within 14 days.

The Minister may determine the allowances payable to the chairperson, other Commission members, and committee members, after consulting the Minister responsible for Finance.

The Commission must cooperate fully with government departments, agencies, and other public authorities when carrying out its functions under the Act.

The Commission must have a secretariat, made up of public officers the Commission chooses.

The Commission may create, organize, move, and delegate work to divisions, and division heads answer to the Director.

The Commission must establish specified units and may create additional units as it determines.

A Director of Fisheries must be appointed for the Commission, and the President must appoint that Director in line with the Commission’s advice and consultation with the Public Services Commission.

The Director must carry out Commission functions and directives, manage the Commission’s units, supervise its divisions, and handle other matters the Commission تعیینs, subject to Commission policy directives.

The Director must prepare a service charter for the Commission’s approval, the Commission may revise it, and each Division must have a Deputy Director as its head.

The Director may delegate any function to a Deputy Director or other Commission officer, but remains ultimately responsible.

The Commission must have a Secretary, and the Secretary must arrange the Commission’s business, keep its minutes, and do any other duties the Commission or Director directs.

The President appoints Commission employees, following the Commission’s advice given in consultation with the Public Services Commission. Other public officers may be seconded or transferred to the Commission.

The President may delegate the power to appoint public officers under this Part, if done in accordance with article 195(2) of the Constitution.

The Commission is funded by money approved by Parliament and by any additional share of the Fishery Development Fund that Parliament directs.

The Commission must pay all money it receives in carrying out its functions into the Consolidated Fund, unless section 24 or section 37 says otherwise.

The Commission may open and operate a bank account, but only with approval from the Minister and the Controller and Accountant-General.

The Commission may borrow money and obtain credit facilities, but only subject to constitutional and other legal limits, with government guarantee and Minister-approved lenders.

Section 28 says how the Commission’s contracts and deeds may be executed, including seal authentication and authorised signatories.

The Commission must prepare and submit an annual budget by a set deadline, and the Director must prepare budget estimates and corporate plans.

The Director must enter into a performance contract with the Minister.

The Commission must keep books of account and proper records, in a form approved by the Auditor-General, and its books must be audited within three months after each financial year.

The internal auditor of the Commission must report to the Director every three months and send a copy to the Minister and the Commission.

The Commission must use the same financial year as the Government.

The Commission must send an annual report to the Minister within eight months after each financial year, and the Minister must send that report to Parliament within two months of receiving it.

The Commission may access information and records of state departments when needed for its statutory purposes.

This section creates a Fisheries Development Fund, called the Fund.

The Fund’s money comes from listed sources, including licence and permit fees, court-awarded damages and costs, compounded-offence sums, sale proceeds of forfeited items, Parliament-approved amounts, loans, and grants.

The Fund’s money must be used for fisheries-related purposes listed in the section.

The Fund is managed by the Commission, and Fund money must be paid into a bank account opened by the Commission with required approvals.

The Commission must make policies to raise money for the Fund and determine allocations from the Fund in consultation with the Minister.

Money paid out of the Fund must be issued by cheque signed by any two of the listed Commission officials.

Fishery plans must use the best available scientific information, promote optimum use of fishery resources without overexploitation, and follow good management principles.

Each fishery plan must include the listed resource, management, conservation, research, and reporting content.

The Commission must consult affected organisations, authorities and persons when preparing each fishery plan; the Director may require relevant data; and the Minister must send the plan to Cabinet for approval and publish the effective implementation date.

The Minister is to consult foreign governments, especially where fish stocks are shared or related, and may do so directly or through regional or international bodies.

A person must not use a local industrial or semi-industrial fishing vessel for fishing in the fishery waters unless the vessel has a licence under this Act.

A fishing vessel qualifies as a local industrial or semi-industrial vessel only if it meets the ownership, shareholding, registration, and charter conditions stated here, and a fishing licence cannot be issued unless the vessel is registered and seaworthy.

This section says Sub-Part V licensing rules apply to local industrial and semi-industrial fishing vessels, unless this Act says otherwise, and the Commission may delegate licensing or other functions to a regional agriculture authority in writing.

The Commission must make sure certain fishing vessels have identity markings before licensing is recommended, and no one may operate such a vessel without those markings.

Owners of licensed local industrial or semi-industrial fishing vessels must employ a master, officers, and crew that are at least 75% Ghanaian.

The Commission must take necessary steps to protect and promote artisanal and semi-industrial fishing, and it must not create concessionary areas in the Inshore Exclusive Zone for activities not allowed under the Act.

A person may not use a canoe for fishing in fishery waters unless the canoe has a fishing licence.

People who want to use a canoe for fishing must apply to the Commission, and the licence is to be granted without delay.

Artisanal fishing licences must show their validity period, the activity covered, and the vessel’s markings and identity; they may be renewed on application to the Commission.

Artisanal fishing vessels must be registered by the local District Assembly, which must also assign identification letters and numbers. A person must not fish with an artisanal vessel that does not display the assigned identification.

A fee must be paid for issuing or renewing an artisanal fishing licence, and the Commission determines the amount. The fee is payable in cedis.

An artisanal fishing licence for a canoe may be transferred if the canoe and use conditions are met, and the Director of Fisheries must endorse the licence to complete the transfer.

If a licensed canoe is used unlawfully or in breach of licence conditions, the Commission may recommend licence cancellation, suspension, disqualification, or extra conditions after the licensee is convicted.

The Minister may make further rules for artisanal fishing if recommended by the Commission and if the Minister considers them necessary.

People applying for an aquaculture or recreational fishing licence must file the application with the Commission, include an environmental impact assessment, and follow the Commission’s form and fee requirements.

Foreign fishing vessels may not fish or enter Ghana’s fishery waters unless licensed, authorised by agreement, or otherwise allowed by law; if they enter for limited lawful reasons, they must follow regulations, avoid fishing-related activity, and leave once the reason ends.

People on board a foreign fishing vessel must not fish or do related activities in Ghana or the fishery waters unless allowed by the Act and regulations, and vessel-related gear and operations must comply with local rules.

The Minister may issue a licence to a foreign fishing vessel only in the stated circumstances, and must not issue one unless the vessel is properly registered and has a certificate of seaworthiness.

The Minister may, on the Commission’s advice, make an international access arrangement for the Government, and licensed-vessel operators must not tranship fish at sea except at designated times and places and in line with the Act.

The Minister may authorise marine scientific research or trial fishing in fishery waters, subject to required procedures and any conditions the Minister sets. Authorised persons must comply with Ghanaian law and the authorisation terms; operating without authorisation is an offence.

If a citizen or qualified company enters a charter agreement for a foreign fishing vessel, it must submit a copy to the Commission for approval as an approved charter agreement.

The Minister may require a foreign fishing licence applicant to appoint a local agent in Ghana before the licence is issued.

The Minister may require a performance bond before issuing a fishing licence to a foreign fishing vessel, and may also make bond posting a licence condition during the licence period.

A fishing licence application must be made to the Commission, in the Commission’s prescribed form, and submitted with documents and the fee set by the Commission.

The Director must refer some licence applications to a fishery licence evaluation committee; the committee must evaluate them, may ask the applicant for more details, and must send its evaluation to the Commission within 14 days unless delayed by that request; the Commission must send recommendations to the Minister within 14 days; and the Minister must issue the licence based on those recommendations.

The Commission sets fishing licence fees after consulting the Minister.

Regulations may set additional conditions for getting a fishing licence.

A fishing licence may be renewed when an application is made to the Commission, and the Commission may set the conditions for renewal.

Fishing licences are limited to a maximum validity period, must expire on set dates for annual or quarterly licences, and remain valid only for the licence’s specified species, gear, or activity.

A fishing licence under this Sub-Part cannot be transferred unless the Director is notified in writing before the transfer, the Commission approves it, the Minister’s written permission is endorsed on the licence, and in some cases the transferee qualifies for a local fishing licence.

The Commission cannot recommend issuing or renewing certain fishing licences unless specified requirements are met, and it may refuse, suspend, or cancel licences for listed reasons.

A fishing licence does not exempt the licensee, master, or crew from other legal duties.

A Fisheries Appeals Board is set up, and affected people can appeal certain ministerial licensing decisions to it within 14 days; the Board can confirm, reverse, or vary the decision, and further court redress may be sought.

The Commission must keep a register of licences issued under the Act.

The fishing-licence rules in this Sub-Part also apply to other authorisations or permits required under the Act, unless the Act or regulations say otherwise.

This section creates the Inshore Exclusive Zone and restricts fishing activity in it, with limited permit and exemption powers for the Commission and Director.

A person on a motor fishing vessel must not destroy or damage appropriately marked artisanal fishing gear inside the IEZ.

Fishing vessels must carry specified certified crew before going to sea or calling at port, and uncertified crew cannot be held out or employed except in an emergency at sea.

The Commission may declare closed fishing seasons by Gazette notice, and fishing during a declared closed season is an offence.

The Minister may make regulations, with the Commission’s advice, setting what fishing gear or devices may be used, including prohibited nets.

Fishing gear covered by this section must display visible surface marks; failure to comply is an offence punishable by a fine.

Driftnet fishing is prohibited for fishing vessels and persons, and breaches are offences punishable by fines and possible forfeiture.

Section 88 bans using or carrying explosive, poison, or other noxious substances for catching fish, and punishes dealing in fish taken by those prohibited methods.

A person must not knowingly take gravid lobsters, crustacea, or juvenile fish during fishing, and any such fish caught accidentally or as by-catch must be returned immediately to the sea, river, or lake.

Fishing for marine mammals is generally prohibited, but the Director may authorise limited fishing with Commission approval; incidentally caught marine mammals must be released immediately.

The Minister may declare marine reserves, but a person commits an offence if they fish, dredge, take sand or gravel, or disturb the natural habitat inside a marine reserve without the Minister’s written permission.

It is an offence to introduce a deleterious substance into fishery waters if it harms fish or other aquatic life.

Before starting a non-fishing activity likely to substantially affect Ghana’s fishery or aquatic resources, the actor must inform the Commission.

This section creates the Enforcement Unit and gives it fisheries monitoring and enforcement functions. It also lets the Minister request help from other bodies and appoint the Unit’s head.

The Minister may appoint any public officer in writing as an authorised officer, and appointed authorised officers must exercise the powers and functions given by the Act.

Authorised officers get police-like arrest powers and broad powers to stop, board, search, inspect, seize, question, and direct persons and vessels for enforcing the Act.

An authorised officer may exercise the Act’s powers beyond fishery waters when pursuing a fishing vessel in hot pursuit, if this is in accordance with international law.

If a vessel is seized, the master and crew must take it to the port named by the authorised officer.

An authorised officer may remove parts from unlicensed State-custody vessels, vehicles, or aircraft to immobilise them, and those parts must be safely kept and returned when the property is lawfully released. People are prohibited from knowingly possessing, obtaining, making, or fitting those removed or replacement parts.

The Minister may appoint public officers in writing to act as observers for licensed or authorised fishing vessels, and appointed observers must carry out functions set by the Minister.

People on fishing vessels, and vessel operators and crew, must let authorised officers or observers board, stay on board, inspect, sample, and otherwise carry out their duties, and must provide support in some cases; breaches are offences punishable by a fine.

People in charge of fishing vessels, vehicles, and aircraft must follow authorised officers’ or observers’ instructions immediately, allow boarding and inspection, and protect those officers’ safety. Interference and false statements are offences punishable by a fine.