Ghana Act or statute

Parliament of Ghana

Fisheries Act, 2002 (Act 625)

access agreementsaccess arrangementsannual reportingappealsapplication processappointmentsaquacultureartisanal fishingartisanal fishing licenceartisanal fishing vessel registrationasset custodyauthorisationsauthorised executionauthorised officersbank accountsBanking and financeboard or commission meetingsboarding and safetyborrowingbudgetingcanoe licensingcatch data reportingcatch handlingcharter agreementscheque signingco-operativescommittee administrationcommittee procedurecompensationcompliancecompliance enforcementcompliance inspectionscompliance penaltiesconsultationcontractsCompany lawcorporate planningcorporate powerscredit facilitiescrew certificationcrew compositiondata disclosuredelegation of authoritydisclosuredispute resolutiondriftnet fishingenforcementenvironmental complianceestablishmentexecution of contractsfee determinationfeesfinancial auditfinancial reportingfinesfines and compensationfiscal yearfish possession and salefish transhipmentfisheriesfisheries administrationfisheries developmentfisheries governancefisheries managementfisheries monitoringfishery plan approvalfishery plan consultationfishery planningfishingfishing activity restrictionsfishing compliancefishing gear protectionfishing gear regulationfishing infrastructurefishing licencefishing licence compliancefishing licence feesfishing licence transferfishing licencesfishing methodsfishing operationsfishing operations compliancefishing vessel operationsforeign fishing vesselsforeign ownershipforfeiturefund administrationfund disbursementfund establishmentfund managementfund usefundinggear markinggear storagegovernancegovernment fundinggovernment powersgovernment submissionsgrantsimpact assessmentsinspection and search powersinspection complianceinternal auditinternal governanceliability during transferlicence administrationlicence cancellationlicence modificationlicence refusallicence renewallicence suspensionlicence transferBusiness registrationlicensing processlocal agent appointmentlocal hiringmanagementmarine fishingmarine fishing vesselsmarine reservesmarine scientific researchmarine zone usemeeting administrationmeetingsmembershipministerial directionsnoticeobserver appointmentsoffences and penaltiesoperating licence complianceorganizational compositionorganizational structurepayment of public moniespenaltiesperformance bondsperformance contractpermit/authorisationpermitspollutionport transfer obligationspropertypublic administrationpublic authority cooperationpublicationquorumrecordkeepingrecreational fishingregional cooperationregister maintenanceregulatory complianceregulatory decisionsregulatory enforcementregulatory offencesregulatory oversightrenewalreportingresource managementsand and gravel extractionseal authenticationseasonal restrictionsseizure and arreststaffingsummary conviction finesurveillance and enforcementtransfer conditionstrial fishingvessel identification markingsvessel immobilisationvessel licensingvessel manningvessel markingvessel monitoringvessel operationsvessel pursuitvessel registrationvessel seizure handlingvotingwaste managementwildlife protection

Jurisdiction: Ghana
Structure: 102 provisions
Citation: Act 625
Dates: Undated source snapshot

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Purpose and legislative effect

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

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.

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Establishment of Fisheries Commission

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

Section 1

Bank Accounts

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

Section 26

Licence for canoes and qualification for licence

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

Section 52

Observation of other laws

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

Section 77

Compliance with directions of authorised officers and observers and penalties

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 ar…

Section 102

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Showing 102 of 102 provisions

Provision 73Offence 27CommencementSubstitution

§ 1Establishment of Fisheries CommissionProvision

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

Section 1—Establishment of Fisheries Commission. (1) There is established by this Act a Fisheries Commission. (2) The Commission shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name. (3) The Commission shall have power for the discharge of its functions to acquire and hold any movable or immovable property and to dispose of such property and to enter into any contract or other transaction. (4) Where there is any hinderance to the acquisition of any property under subsection (3), the property may be acquired for the Commission under the State Property and Contract Act, 1960 (C.A. 6) or the State Lands Act, 1962 (Act 125).

Section 1Verify source

§ 2Object and functions of the CommissionProvision

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

Section 2—Object and functions of the Commission. (1) The object of the Commission is to regulate and manage the utilization of the fishery resources of Ghana and co-ordinate the policies in relation to them. (2) Without prejudice to the general effect of subsection (1), the Commission shall in relation to fisheries perform the following functions: (a) prepare and keep under continual review plans for the management and development of fisheries in waters under the jurisdiction of Ghana; (b) establish priorities for the utilization of fishery resources which will provide the greatest benefits to the country; (c) ensure the proper conservation of the fishery resources through the prevention of overfishing; (d) strive to minimise, as far as practicable, fishery gear conflict among users; (e) ensure the monitoring, control and surveillance of the fishery waters; (f) promote subregional, regional and international co-operation in fisheries management; (g) promote co-operation among local fishermen and advance development of artisanal fishing; (h) carry out research and survey work for the assessment of stock of the fisheries resources; (i) correlate fisheries with other water uses and environmental protection particularly with respect to the fish resources and food chain in the rivers, lagoons, lakes and the continental shelf along the coast of the country; (j) standardise fish quality, weight and the basis for fish pricing in consultation with any other agency that has responsibility for fish quality standards; (k) make recommendations to the Minister on grant of licences for fishing; (l) in consultation with the Minister, control and co-ordinate the importation of fresh and frozen fish; (m) in collaboration with the competent authority, establish requirement for manning fishing vessels and boats, safety for crew and vessels and for fishing gears in use to avoid damage by other vessels; (n) hear and determine complaints from persons aggrieved in respect of matters arising from or related to fishing activities and the fishing industry generally; (o) in collaboration with District Assemblies with fishing communities, ensure the enforcement of the fishery laws including bye-laws made by the relevant District Assemblies; and (p) perform any other function conferred on it under this Act or any other enactment.

Section 2Verify source

§ 3Ministerial responsibility and directions of the MinisterProvision

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

Section 3—Ministerial responsibility and Directions of the Minister. (1) The Minister responsible for fishery has ministerial responsibility for the Commission. (2) The Minister may give general directions in writing on matters of policy and the Commission shall comply with the directions.

Section 3Verify source

§ 4Composition of the CommissionProvision

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.

Section 4—Composition of the Commission. (1) The Commission shall be composed of the following members: (a) a chairperson; (b) one representative of the Ministry responsible for Transport: (c) one representative of the Ministry responsible for Defence; (d) one representative of the Ministry responsible for Environment; (e) one representative of the Ghana Marine Fishing Officers Association; (f) one representative of the Water Research Institute; (g) one representative of the Ghana Irrigation Development Authority; (h) two representatives of the National Fisheries Association of Ghana—one representing artisanal fishermen and the other representing industrial fishing vessel owners; (i) one other person with requisite knowledge of the fishing industry or natural resource renewal management; and (j) the Director of the Commission. (2) The representatives specified in subsection (1) shall be nominated bodies concerned and shall be persons not below the rank of a Deputy Director in the Civil Service and in the case of a functional group in the private sector, not below the rank of a vice-chairman or its equivalent.

Section 4Verify source

§ 5Appointment of members of the CommissionProvision

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

Section 5—Appointment of Members of the Commission. (1) The chairperson and the other members of the Commission shall be appointed by the President in consultation with the Council of State. (2) A member of the Commission other than the Director shall hold office for four years and may on the expiration of that period be reappointed. (3) A member nominated by a body as its representative on the Commission shall cease to be a member on the recommendation of the body or if that member ceases to be a member of the body concerned or where the President for stated reasons revokes the appointment of the member by letter address to that member. (4) A member of the Commission other than member who is a member by virtue of the office held may at any time resign from the Commission in writing addressed to the President through the Minister. (5) The chairperson of the Commission shall notify the President through the Minister of vacancies that occur in the membership of the Commission. (6) When the chairperson or other member of the Commission is prevented by illness or any other cause from performing the functions of that member's office, the President may acting in consultation with the appropriate body appoint another person to perform the functions of the member until the member is able to resume the performance of the duties of the member or the term of the member expires.

Section 5Verify source

§ 6Meetings of CommissionProvision

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.

Section 6—Meetings of Commission. (1) The Commission shall meet for the the despatch of business at times and places determined by the members but shall meet at least once in every two months. (2) The chairperson shall summon a special meeting of the Commission within fourteen days of the receipt of a written signed by not less than five members of the Commission. (3) The quorum at a meeting of the Commission shall be not less than seven members. (4) A member who is absent without reasonable excuse from three consecutive meetings of the Commission shall cease to be a member. (5) The chairperson shall preside at meetings of the Commission but in the absence of the chairperson a member of the Commission elected by the members present from among their number shall preside. (6) The validity of the proceedings of the Commission shall not be affected by a vacancy in its membership or by any defect in the appointment or qualification of a member. (7) Questions before the Commission shall be decided by a majority of the members present and voting. (8) The chairperson or the person presiding at a meeting of the Commission shall have an original as well as a casting vote. (9) Except as otherwise provided in this section, the Commission shall regulate procedure at its meetings.

Section 6Verify source

§ 7Power to co-optProvision

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

Section 7—Power to Co-opt. The Commission may co-opt any person as an adviser at its meetings but no co-opted person is entitled to vote at a meeting.

Section 7Verify source

§ 8Disclosure of interestProvision

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

Section 8—Disclosure of Interest. (1) A member of the Commission or a committee of the Commission who has a personal interest, directly or indirectly in any matter being considered or dealt with by the Commission or committee shall disclose verbally or in writing the nature of the interest at a meeting of the Commission or committee and shall not take part in any deliberation or decision of the Commission or committee with respect to the matter. (2) A member who fails to disclose an interest under subsection (1) shall be removed from the Commission or committee. (3) A removal under subsection (2) shall be without prejudice to any other action that may be taken against the member if by the non-disclosure the member has gained any benefit.

Section 8Verify source

§ 9Committees of the CommissionProvision

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

Section 9—Committees of the Commission. (1) The Commission may appoint committees it considers necessary for the effective implementation of its functions. (2) A Committee appointed under subsection (1) may consist of members of the Commission or members and non-members.

Section 9Verify source

§ 10Fisheries Settlement CommitteeProvision

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.

Section 10—Fisheries Settlement Committee. (1) Without limiting the scope of section 9, there shall be appointed by the Commission from among its members a Fisheries Settlement Committee composed of not less than three nor more than five members to hear and settle complaints from persons aggrieved in respect of matters arising from or related to the fishing industry. (2) Subsection (1) is without prejudice to any right of action to the courts. (3) The Fisheries Settlement Committee may co-opt any specialist to assist it in the settlement of any issue before it. (4) The Fisheries Settlement Committee shall regulate its own procedures and shall in its deliberations act with fairness and in accordance with natural justice.

Section 10Verify source

§ 11Fishery licence evaluation committeesProvision

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.

Section 11—Fishery Licence Evaluation Committees. (1) The Commission may for the purpose of evaluating any category of application for fishery licences appoint such fishery licence evaluation committee as it considers necessary. (2) A committee appointed under subsection (1) shall be composed of such technical officers of the Commission as the Commission shall determine. (3) The functions of a committee appointed under subsection (1) are to evaluate applications for fishery licences referred to it and to make its recommendations on the applications to the Commission within fourteen days as specified in section 70(2).

Section 11Verify source

§ 12Allowances for members of CommissionProvision

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

Section 12—Allowances for Members of Commission. The chairperson, other members of the Commission and members of committees of the Commission shall be paid such allowances as the Minister in consultation with the Minister responsible for Finance may determine.

Section 12Verify source

§ 13Relationship of Commission with other authorities PART II—ADMINISTRATIONProvision

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

Section 13—Relationship of Commission with other Authorities. In the discharge of its functions under this Act, the Commission shall, co-operate fully with all government departments and agencies and other public authorities. PART II—ADMINISTRATION

Section 13Verify source

§ 14Secretariat of the CommissionProvision

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

Section 14—Secretariat of the Commission. There shall be a secretariat of the Commission consisting of such public officers as the Commission shall determine.

Section 14Verify source

§ 15Divisions of the CommissionProvision

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

Section 15—Divisions of the Commission. (1) The Commission may establish such divisions in the secretariat of the Commission as the Commission considers necessary for the effective achievement of the object and functions of the Commission. (2) Without limiting the scope of subsection (1) and subject to the power of the Commission to re-organise the divisions as it considers appropriate, the following are hereby established as Divisions of the Commission: (a) Marine Fisheries Division; (b) Inland Fisheries Division; (c) Fisheries Scientific Survey Division; (d) Monitoring, Control and Surveillence Division; and (e) Finance and Administration Division. (3) The functions and numerical staff strength of each Division of the Commission shall be determined by the Commission and the head of each Division shall answer to the Director in the performance of the duties of the office. (4) The Divisions of the Commission may be located in such places as the Commission may determine. (5) The Commission may delegate its functions under this section to the Director.

Section 15Verify source

§ 16Other Units in the CommissionProvision

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

Section 16—Other Units in the Commission. There shall be established by the Commission the following as Units of the Commission which shall constitute a part of the secretariat of the Director: (a) Planning and Evaluation Unit; (b) Legal Unit; (c) Internal Audit Unit; (d) Information Management Unit; and (e) such other units as the Commission may determine.

Section 16Verify source

§ 17DirectorProvision

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.

Section 17—Director. (1) There shall be appointed for the Commission a Director of Fisheries who shall be the head of the secretariat of the Commission. (2) The Director shall be appointed by the President in accordance with the advice of the Commission given in consultation with the Public Services Commission and shall hold office for such period and upon such other terms and conditions as shall be specified in the letter of appointment of the Director.

Section 17Verify source

§ 18Functions of the DirectorProvision

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.

Section 18—Functions of the Director. (1) The Director shall subject to policy directives of the Commission, be responsible for (a) ensuring the efficient and effective implementation of the functions of the Commission and the directives of the Commission; (b) the day-to-day management and administration of the Units of the Commission; (c) the supervision of the Divisions of the Commission; and (d) such matters as the Commission may determine.

Section 18Verify source

§ 19Duties of the Divisions of the CommissionProvision

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.

Section 19—Duties of the Divisions of the Commission. (1) For the purpose of determining the duties and functions of the Divisions of the Commission, the Director shall draw up for consideration and approval by the Commission a service charter which shall set out the duties and responsibilities of each Division under the Commission. (2) The service charter may be revised by the Commission. (3) Each Division shall have as its head a Deputy Director.

Section 19Verify source

§ 20Delegation by DirectorProvision

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

Section 20—Delegation by Director. The Director may delegate any function to a Deputy Director or any other officer of the Commission subject to any condition that the Director may impose but the Director shall not be relieved from ultimate responsibility for the discharge of the delegated function.

Section 20Verify source

§ 21Secretary to the CommissionProvision

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.

Section 21—Secretary to the Commission. (1) The Commission shall have a Secretary who shall arrange the business of the Commission and shall keep minutes of meetings of the Commission. (2) The Secretary shall perform such other duties as the Commission or the Director may direct. (3) The Secretary shall in the performance of the duties of a secretary be answerable to the Director.

Section 21Verify source

§ 22Appointment of other employees of the CommissionProvision

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.

Section 22—Appointment of other Employees of the Commission. (1) Employees of the Commission shall be appointed by the President in accordance with the advice of the Commission given in consultation with the Public Services Commission. (2) Other public officers may be seconded or transferred to the Commission.

Section 22Verify source

§ 23Delegation of power to appoint public officersProvision

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

Section 23—Delegation of Power to appoint Public Officers. The President may in accordance with article 195(2) of the Constitution delegate the power of appointment of public officers under this Part.

Section 23Verify source

§ 24Money for the CommissionProvision

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

Section 24—Money for the Commission. The funds to meet the expenditure of the Commission shall consist of: (a) money approved by Parliament for the Commission; and (b) such proportion of the monies in the Fishery Development Fund as Parliament may direct as payable towards the expenditure of the Commission.

Section 24Verify source

§ 25Payment into Consolidated FundProvision

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.

Section 25—Payment into Consolidated Fund. Except as otherwise provided under section 24 and section 37 all monies received by the Commission in the course of performance of its functions shall be paid by the Commission into the Consolidated Fund.

Section 25Verify source

§ 26Bank AccountsProvision

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

Section 26—Bank Accounts. The Commission may with the approval of the Minister and the Controller and Accountant- General open and operate such bank account as it may determine.

Section 26Verify source

§ 27Borrowing powersProvision

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 27—Borrowing Powers. Subject to the provisions on loans as contained in article 181 of the Constitution and any other enactment, the Commission may obtain loans and other credit facilities on the guarantee of the Government from such bank and other financial institutions as the Minister may approve.

Section 27Verify source

§ 28Execution of contractsProvision

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

Section 28—Execution of Contracts. (1) The use of the seal of the Commission shall be authenticated by two signatories, namely (a) the Director or in the absence of the Director another officer of the Commission authorised by the Commission to authenticate the use of the seal; and (b) a member of the Commission determined by the Commission. (2) The Commission may under its common seal empower any person to act as its attorney to execute deeds on its behalf in any place outside Ghana and every deed signed by the attorney on behalf of the Commission under the attorney's seal shall be binding on the Commission and have the same effect as if it were issued under the common seal of the Commission. (3) Any instrument or contract which if executed or entered into by a person other than a body corporate would not require to be under seal, may be executed or entered into on behalf of the Commission by the Director or any member of the Commission if the person has previously been authorised by a decision of the Commission to execute or enter into that particular agreement or contract. (4) The provisions of this section shall be subject to section 12 of the Contracts Act, 1960 (Act 25).

Section 28Verify source

§ 29Annual budget and corporate plans of CommissionProvision

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

Section 29—Annual Budget and Corporate Plans of Commission. (1) The Commission shall, not later than three months before the end of each financial year, prepare and submit to the Minister for the approval of Parliament, an annual budget in respect of the following financial year comprising estimates of expected recurrent, maintenance, development and capital expenditure of the Commission in that financial year. (2) The budget shall be in such form as the Minister for Finance may direct. (3) The Director shall prepare budget estimates for each financial year and shall present them to the Commission for its approval not later than five months before the end of the preceding financial year. (4) The Director shall also prepare corporate plans for such periods Commission may direct.

Section 29Verify source

§ 30Performance contractProvision

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

Section 30—Performance Contract. The Director shall enter into a performance contract with the Minister for such period and on such conditions as shall be specified in the contract.

Section 30Verify source

§ 31Accounts and auditProvision

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.

Section 31—Accounts and Audit. (1) The Commission shall keep books of account and proper records in relation to them; the books of account and records of the Commission shall be in such form as the Auditor- General may approve. (2) The books of account of the Commission shall be audited within three months after the end of each financial year by the Auditor-General or by an auditor appointed by the Auditor- General.

Section 31Verify source

§ 32Internal auditorProvision

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

Section 32—Internal Auditor. (1) The head of the Internal Audit Unit shall be the internal auditor of the Commission. (2) Subject to this Act the internal auditor shall in the performance of the functions of an internal auditor be answerable to the Director. (3) As part of the internal auditor's functions under this Act, the internal auditor shall, at intervals of three months, prepare a report on the internal audit work carried out by the internal auditor during the period of three months immediately preceding the preparation of the report, and submit the report to the Director. (4) The internal auditor shall make in each report such observations as are necessary to the conduct of the financial affairs of the Commission during the period to which the report relates. (5) The internal auditor shall send a copy of each report prepared under this section to the Minister and the Commission.

Section 32Verify source

§ 33Financial yearProvision

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

Section 33—Financial year. The financial year of the Commission shall be the same as the financial year of the Government.

Section 33Verify source

§ 34Annual report and other reportsProvision

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.

Section 34—Annual Report and other Reports. (1) The Commission shall submit to the Minister as soon as practicable and in any event not more than eight months after the end of each financial year a report dealing generally with the activities and operations of the Commission during the year to which the report relates and shall include (a) the audited accounts of the Commission and the Auditor-General's report on the accounts; (b) a statement of the Commission's budget and operational plans for the next financial year; and (c) such other information as the Commission may consider necessary. (2) The Minister shall within two months after the receipt of the annual report submit the report to Parliament with such statements as the Minister considers necessary.

Section 34Verify source

§ 35Access to information PART III—FISHERIES DEVELOPMENT FUNDProvision

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

Section 35—Access to Information. For the purposes of the attainment of its object and the performance of its functions under this Act, the Commission shall have access to information and records of any department of state which are reasonably necessary for the purposes. PART III—FISHERIES DEVELOPMENT FUND

Section 35Verify source

§ 36Establishment of Fisheries Development FundProvision

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

Section 36—Establishment of Fisheries Development Fund. There is established by this Act a Fisheries Development Fund referred to in this Act as the "Fund".

Section 36Verify source

§ 37Sources of money for the FundOffence

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.

Section 37—Sources of Money for the Fund. The monies for the Fund shall consist of: (a) fees for licences, permits and other authorisation for fishing issued under this Act; (b) damages and costs granted by the courts to the State in respect of any action under this Act or Regulations made under this Act; (c) sums of money received for compounded offences; (d) proceeds of sale of forfeited items collected, imposed or received by or under this Act; (e) such amount of money that Parliament may approve for payment into the Fund; and (f) loans and grants.

Section 37Verify source

§ 38Objectives of the FundProvision

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

Section 38—Objective of the Fund. The monies of the Fund shall be applied as follows: (a) towards the promotion and development of fisheries in the country; (b) to meet the liabilities of the Commission in respect of the monitoring, control and surveillence of the fishery waters; (c) to provide assistance to small scale fishery co-operative enterprises; (d) to promote research and studies of the fishing industry; and (e) toward such other purposes as the Commission in consultation with the Minister may determine.

Section 38Verify source

§ 39Management of the FundProvision

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

Section 39—Management of the Fund. (1) The Fund shall be managed by the Commission which shall for this purpose include the Controller and Accountant-General or the representative of the Controller and Accountant- General. (2) All monies for the Fund shall be paid into a bank account opened for the purpose by the Commission with the approval of the Controller and Accountant-General and the Minister. (3) The provisions of this Act on accounts, audit, financial year and the submission of annual reports under sections 31, 33 and 34, shall apply to the Fund.

Section 39Verify source

§ 40Policies in relation to the FundProvision

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

Section 40—Policies in relation to the Fund. The Commission shall for the purpose of the management of the Fund: (a) formulate policies to generate money for the Fund; and (b) determine, in consultation with the Minister, allocations to be made from the Fund.

Section 40Verify source

§ 41Payments from the Fund PART IV—FISHERIES MANAGEMENT AND DEVELOPMENT Sub-Part I—Fishery PlansProvision

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

Section 41—Payments from the Fund. Monies issued out of the Fund shall be by cheque signed by any two of the following: (a) the chairperson of the Commission; (b) the Director; and (c) one other member of the Commission. PART IV—FISHERIES MANAGEMENT AND DEVELOPMENT Sub-Part I—Fishery Plans

Section 41Verify source

§ 42Fishery plansProvision

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

Section 42—Fishery Plans. (1) A fishery plan prepared by the Commission for the management and development of fisheries shall (a) be based on the best scientific information available; (b) ensure the optimum utilization of the fishery resources but avoid over exploitation; and (c) be consistent with good management principles. (2) A fishery plan may relate to a specific water area or specified species of fish. (3) The Commission shall be responsible in collaboration with such state agencies as the Commission considers appropriate for the implementation of each fishery plan.

Section 42Verify source

§ 43Content of fishery planProvision

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

Section 43—Content of Fishery Plan. Each fishery plan shall (a) identify the fishery resource and its characteristics, including its economic and social value and interrelationship with other species in the ecosystem; (b) assess the present state of exploitation of each resource and taking into account relevant biological, social, and economic factors, determine the potential average annual yields from the resource; (c) specify the measures to be taken to promote the development of the local fishing enterprises, both industrial and artisanal; (d) determine the amount of the fishery resource to be made available to licensed foreign fishing vessels; (e) specify the conservation measures to be enforced to protect the resources from over- exploitation; (f) indicate the research necessary to enhance management of the fishery resource; (g) specify the information and other data required to be given or reported for effective management and development of fisheries; and (h) take into account relevant artisanal fishing methods or principles.

Section 43Verify source

§ 44Consultations and approval of fishery planProvision

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.

Section 44—Consultations and approval of Fishery Plan. (1) The Commission shall during the preparation of each fishery plan, carry out such consultations as it considers appropriate with organisations, authorities and persons affected by the fishery plan. (2) In order to assess and recommend appropriate management, development and conservation measures for a fishery plan, the Director may reasonably require any person to furnish relevant data and information, including fishing time and effort, landing, processing, sales and related transactions. (3) Each fishery plan or review of such a plan shall be submitted to the Minister who shall submit it to the Cabinet for approval; and the plan shall come into force at a time specified in the approval. (4) The Minister shall publish in the Gazette and other mass media the effective date of implementation of an approved fishery plan.

Section 44Verify source

§ 45Consultation on international fisheries management Sub-Part II—Local industrial and Semi-industrial Fishing VesselsProvision

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.

Section 45—Consultation on International Fisheries Management. (1) The Minister may and shall on the advice of the Commission consult with foreign governments and in particular with governments of states sharing the same or interrelated fish stocks, with a view to (a) ensuring the closest practicable harmonisation or co-operation of their respective fisheries management and development plans and regulations; (b) ensuring the harmonisation of systems for the collection of statistics, the carrying out of surveys and procedures for assessing the state of the fisheries resource in the region; (c) establishing on a bilateral, regional or subregional level reciprocal fishing rights with other states in the region, where the reciprocal fishing rights are necessary to sustain the growth of industrial and artisanal fishing; (d) providing, for the formulation of subregional or regional fisheries management and development plans including monitoring, control and surveillance, for the allocation of fishing effort and catch for the formation or promotion of joint fishing, among states sharing the same stocks, and for taking subregional or regional joint conservation measures; (e) providing for the establishment and operation of joint subregional or regional fisheries management plan. (2) Consultations under subsection (1) may be undertaken either directly with the governments or persons concerned, or through existing appropriate regional or sub-regional organisations or international agencies. Sub-Part II—Local Industrial and Semi-industrial Fishing Vessels

Section 45Verify source

§ 46Prohibition of use of local industrial or semi-industrial fishing vessel without licenceOffence

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.

Section 46—Prohibition of use of Local Industrial or Semi-industrial Fishing vessel without Licence (1) A person shall not use a local industrial or semi-industrial fishing vessel for fishing in the fishery waters except under a licence issued under this Act for the vessel. (2) A person who acts contrary to subsection (1) commits an offence and is liable on summary conviction to a fine of not less than (a) U$1,000 in the case of a local industrial fishing vessel; or (b) 50 penalty units in the case of a local semi-industrial fishing vessel and the vessel or implement used in the commission of the offence shall upon conviction be forfeited to the State.

Section 46Verify source

§ 47Qualification as local industrial or semi-industrial fishing vesselProvision

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.

Section 47—Qualification as Local Industrial or Semi-industrial Fishing Vessel. (1) A local industrial or semi-industrial fishing vessel is a fishing vessel (a) owned or controlled by a citizen of Ghana, the Government or owned or controlled by a company or partnership registered by law in Ghana which has its principal place of business in Ghana and the share of which is beneficially owned wholly by the Government, a citizen, a public corporation established by law in Ghana or a combination of any of them; (b) in the case of a tuna fishing vessel, where at least fifty percent of the shares in the vessel is beneficially owned or controlled by persons specified in paragraph (a); and (c) registered in Ghana. (2) A bare boat chartered by any of the persons specified in paragraph (a) qualifies as a local industrial or semi-industrial fishing vessel. (3) No fishing licence shall be issued for any vessel unless, (a) in respect of a local industrial or semi-industrial fishing vessel required to be registered under the Merchant Shipping Act, 1963 (Act 183) the vessel has been so registered; and (b) the Commission is satisfied that the vessel is seaworthy and fit for the purpose of fishing and conforms with such requirements as are applicable to the vessel under any enactment in force including requirement on navigation and safety equipment.

Section 47Verify source

§ 48Application for fishing licence for local industrial and semi-industrial fishing vesselProvision

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.

Section 48—Application for Fishing Licence for Local Industrial and Semi-industrial Fishing Vessel. (1) The provisions in Sub-Part V of this Act on application for fishing licence, conditions of licence, transfer of licences and licence fees among others shall apply to local industrial and semi-industrial fishing vessels unless otherwise provided in this Act. (2) The Commission may delegate to such regional agriculture authority of the Ministry as it may direct in writing, the Commission's role in the process of licensing local industrial and semi-industrial fishing vessels or any other functions under this Act in respect of local industrial and semi-industrial fishing vessels.

Section 48Verify source

§ 49Markings and identity of local industrial and semi-industrial fishing vesselsOffence

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.

Section 49—Markings and Identity of Local Industrial and Semi-industrial Fishing Vessels. (1) The Commission shall before recommending the licensing of a local industrial or semi- industrial fishing vessel, ensure that the vessel bears identity markings consisting of letters and numbers allocated to the vessel by the competent authority. (2) No person shall operate a local industrial or semi-industrial vessel which does not bear the identity markings. (3) A person who contravenes subsection (2) commits an offence and is liable on summary conviction to a fine of not less than (a) $1,000 and not more than $10,000 in the case of a local industrial fishing vessel; or (b) 50 penalty units and not more than 500 penalty units in the case of a local semi-industrial fishing vessel. and in addition the catch and any fishing gear used in the commission of the offence may be forfeited to the State.

Section 49Verify source

§ 50Employment of Ghanaian crew Sub-Part III—Artisanal Fishing, Aquaculture and Recreational FishingOffence

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

Section 50—Employment of Ghanaian Crew. (1) The owner of a local industrial or semi-industrial fishing vessel licenced under this Act shall employ a master, officers and crew of which not less than seventy-five per cent shall be Ghanaians. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not less than $ 1,000 and not exceeding $2 million. Sub-Part III—Artisanal Fishing, Aquaculture and Recreational Fishing

Section 50Verify source

§ 51Development of artisanal fishingProvision

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.

Section 51—Development of Artisanal Fishing. (1) The Commission shall in the implementation of its functions under this Act take such action as it considers necessary to protect and promote artisanal and semi-industrial fishing including the following: (a) the provision of extension and training services; (b) the registration of artisanal fishing vessels and any class of related fishing gear; (c) the exemption for such period as it may recommend to the Minister of such fisheries activities as it may determine from any requirement concerning licensing and the payment of fees under this Act; (d) the promotion of the establishment and development of fishing, processing and marketing co-operative societies; (e) promotion of the development of artisanal fishing landing facilities; (f) the establishment of reserved areas for fishing activities of artisanal and semi-industrial fishing vessels; (g) the giving of priority to artisanal and semi-industrial fishing in the allocation of fishing licences or quotas; and (h) the promotion of joint venture arrangements, technology transfer agreements and transfer of technology and exprience. (2) The Commission shall not in any action taken under subsection (1) establish concessionary areas within the Inshore Exclusive Zone for activities not permitted under this Act.

Section 51Verify source

§ 52Licence for canoes and qualification for licenceOffence

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

Section 52—Licence for Canoes and Qualification for Licence. (1) A person shall not use a canoe for fishing in the fishery waters unless a licence has been issued for the canoe for the purpose of fishing. (2) A fishing licence shall not be issued for a canoe unless the canoe (a) is owned by a citizen of Ghana, a company or a partnership registered in Ghana under the relevant law in which the shares are beneficially held by a citizen; (b) has been registered with the Commission through the District Assembly of the area where it is to be used; and (c) bears the markings of identity allocated to it by the Commission (3) A person who acts contrary to any provision in subsection (1) commits an offence and is liable on summary conviction to a fine of not less than 25 penalty units and not exceeding 500 penalty units and the canoe or gear used in the commission of the offence shall upon conviction be forfeited to the State.

Section 52Verify source

§ 53Application and fishing licence for artisanal vesselProvision

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

Section 53—Application and Fishing Licence for Artisanal Fishing Vessel. (1) Any person seeking to use a canoe for fishing shall apply to the Commission in such form as the Commission may determine. (2) The Commission may direct that an application shall be routed through the District Assembly of the locality where the applicant intends to operate the canoe. (3) The application shall be submitted with such information as the Commission may determine. (4) An artisanal fishing licence shall be granted without delay.

Section 53Verify source

§ 54Artisanal fishing licence and renewalProvision

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.

Section 54—Artisanal Fishing Licence and Renewal. (1) A licence for artisanal fishing shall (a) specify the period of validity of the licence; (b) indicate the activity for which the licence is issued; and (c) state the markings and identity of the artisanal vessel. (2) An artisanal fishing licence may on application to the Commission be renewed.

Section 54Verify source

§ 55Registration, markings and identity of artisanal fishing vesselOffence

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.

Section 55—Registration, Markings and Identity of Artisanal Fishing Vessel. (1) An artisanal fishing vessel shall be registered by the District Assembly of the area where the vessel is to be operated. (2) A District Assembly registering an artisanal vessel shall allocate to the vessel such letters and numbers of identification as the District Assembly shall determine. (3) A person shall not fish with an artisanal vessel which does not bear the identification assigned to the vessel. (4) A person who contravenes subsection (3) commits an offence and is liable on summary conviction to a fine of not less than 25 penalty units and not exceeding 250 penalty units and in addition, the catch, fishing gear or other apparatus used in the commission of the offence may upon conviction be forfeited to the State.

Section 55Verify source

§ 56Fee for artisanal fishing licenceProvision

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.

Section 56—Fee for Artisanal Fishing Licence. (1) There shall be paid for the issue and renewal of artisanal fishing licence such fee as the Commission shall determine. (2) Licence fee for artisanal fishing licence shall be paid in cedis.

Section 56Verify source

§ 57Transfer of artisanal fishing licenceOffence

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.

Section 57—Transfer of Artisanal Fishing Licence. (1) A licence issued under this Sub-Part for a canoe, may be transferred to another person under the following conditions: (a) if the canoe to which the licence is transferred is of equal dimensions and characteristics and is to be operated in the same locality as the canoe previously licensed; and (b) in the case of change of ownership, if the new owner and the previous owner both notify the Director of Fisheries of the transfer of ownership in writing. (2) The Director of Fisheries or any person acting on the Director's authority shall endorse the licence to effect the transfer of the licence where conditions specified in subsection (1) are satisfied. (3) A person who contravenes any provision of subsection (1) commits an offence and is liable on summary conviction to a fine of not less than 25 penalty units and not exceeding 500 penalty units.

Section 57Verify source

§ 58Cancellation and suspension of artisanal fishing licenceProvision

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.

Section 58—Cancellation and Suspension of Artisanal Fishing Licence. Where a canoe licensed under this Sub-Part is used in the commission of any act prohibited under this Act or in breach of any condition of the licence, the Commission may upon the conviction of the licensee recommend to the Minister to (a) cancel or vary the licence; (b) suspend the licence for such period as it may specify; (c) disqualify the licensee from grant of any fishing licence; or (d) permit continued holding of the licence subject to such further conditions as the Commission may recommend.

Section 58Verify source

§ 59Further regulations of artisanal fishingProvision

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

Section 59—Further Regulations of Artisanal Fishing. The Minister may on the recommendation of the Commission make such further provisions as the Minister considers necessary for regulating artisanal fishing.

Section 59Verify source

§ 60Licence for aquaculture and recreational fishing Sub-Part IV—Foreign Fishing VesselsProvision

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.

Section 60—Licence for Aquaculture and Recreational Fishing. (1) An application for a licence for an aquaculture project or recreational fishing shall be made to the Commission and shall be accompanied with an environmental impact assessment. (2) The application shall be in such form as determined by the Commission and shall be accompanied with such fee as the Commission shall determine. (3) The provisions on evaluation of applications in section 70 shall apply to the processing of an application for aquaculture with such modifications as may be necessary. (4) A licence for aquaculture shall specify the acquatic organism to be farmed. (5) A licensed aquaculture operator shall carry out the operations in conformity with prescribed standards relating to aquatic environmental protection, quality of produce and hygienic methods. (6) A licence for aquaculture is not transferable except with the authorisation of the Minister given on the recommendation of the Commission. (7) The Minister may on the advice of the Commission by legislative instrument make further provisions as the Minister considers necessary for the operation of aquaculture. (8) Recreational fishing shall be carried on in accordance with such requirements as may be prescribed by Regulations. Sub-Part IV—Foreign Fishing Vessels

Section 60Verify source

§ 61Fishing by foreign fishing vesselsOffence

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.

Section 61—Fishing by Foreign Fishing vessels. (1) A foreign fishing vessel shall not fish or attempt to fish within the fishery waters of Ghana except (a) under a licence issued under this Act; or (b) as may be otherwise authorised under any agreement between the Government of Ghana and the government of the country in which the fishing vessel is registered or otherwise belongs. (2) A foreign fishing vessel shall not enter the fishery waters of Ghana unless (a) authorised to do so by the terms of a licence or permit issued to it under this Act or under any applicable access agreement in force; or (b) it is under circumstances recognised by international law. (3) Subsection (2) does not apply to a foreign fishing vessel entering the fishery waters for the sole purpose of innocent passage; or by reason of force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress or for any other purpose recognised by international law. (4) A foreign fishing vessel entering the fishery waters for any of the reasons specified in subsection (3) shall (a) observe Regulations made under this Act including Regulations on storage of fishing gear; (b) not fish, attempt to fish, load, unload or tranship any fish; (c) return to outside the fishery waters as soon as the purpose for which it entered has been fulfilled or the reason has ceased to be valid. (5) The provisions on licensing in Sub-Part V apply to foreign fishing vessels. (6) Where a foreign fishing vessel is used in contravention of subsections (1), (2) or (4), the owner, master and charterer, if any, of the vessel individually commits an offence and is liable on summary conviction to a fine of not less than $250,000 and not more than $2 million and in addition, the catch fishing gear or any other apparatus or a combination of them used in the commission of the offence shall be forfeited to the State.

Section 61Verify source

§ 62Activities of crew and other persons on board a foreign fishing vesselOffence

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.

Section 62—Activities of Crew and other Persons on Board a Foreign Fishing Vessel. (1) A person, who is on board a foreign fishing vessel or who is a member of the crew of or attached to or employed on a foreign fishing vessel, shall not in Ghana or in the fishery waters engage in fishing or related activities except in accordance with this Act and Regulations made under it. (2) The owner, operator and each member of the crew of a foreign fishing vessel in the fishery waters shall comply with any applicable access arrangement and applicable laws of Ghana, including this Act. (3) Fishing gear on board a foreign fishing vessel in a place in the fishing waters where it is not permitted to fish shall be stowed in such manner that it is not readily available for use for fishing or as may be prescribed. (4) A foreign fishing vessel in a place in the fishery waters shall be operated in such a way that the activities of local and artisanal fishermen and fishing vessels are not disrupted or in any other way adversely affected. (5) Where a foreign fishing vessel is used in contravention of subsection (1) or (2), the owner, master and charterer, if any, of that vessel individually commits an offence, and is liable on summary conviction to a fine of not less than $250,000 and not exceeding $2 million and in addition, the catch, fishing gear or any other apparatus or a combination of them used in the commission of the offence may be forfeited and the fishing licence may be suspended or cancelled.

Section 62Verify source

§ 63Licence for foreign fishing vesselProvision

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.

Section 63—Licence for Foreign Fishing Vessel. (1) A licence shall not be issued under this Act which authorises a foreign fishing vessel to engage in fishing in the fishery waters except under an access arrangement made under this Act. (2) Subsection (1) does not apply to a licence issued in the absence of an applicable access arrangement in respect of (a) marine scientific research; or (b) trial fishing operations. (3) The provisions of subsections (1) and (2) notwithstanding, the Minister on the recommendation of the Commission may issue a licence to a foreign fishing vessel authorising that vessel to be used in the fishery waters for such fishing or related activities as may be specified in the licence, or for other purposes in accordance with this Act. (4) The Minister shall not issue a licence to a foreign fishing vessel unless it is satisfied that the vessel (a) is registered in accordance with the law of its flag state; and (b) a certificate of seaworthiness has been issued for the vessel by the competent authority or by the International Association of Classification Societies (IACS).

Section 63Verify source

§ 64Access arrangementProvision

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.

Section 64—Access Arrangement. (1) The Minister may on the advice of the Commission enter into international access arrangement on behalf of Government with any foreign government, foreign association or other legally constituted foreign body which has power and authority to enforce compliance with the terms of the access arrangement. (2) An access arrangement shall provide for the allowable allocation of fish which shall not exceed a level consistent with the conservation and management of fishery resources, provide for the protection of local fishermen and shall also be consistent with any fishery plan. (3) Every access arrangement shall include such provisions as may be required to implement minimum terms and conditions of fisheries access in accordance with this Act, including (a) establishing the responsibility of the foreign party to take measures to ensure compliance by its vessels with the terms and conditions of the access arrangement and with all applicable laws, including those relating to fishing and related activities in the fishery waters; (b) the issuance of licences and payment of fees for fishing related activities or other activities or operations described in this Act; (c) provisions that the owner, charterer, operator, master or any other person responsible for the operation of a licensed vessel shall not tranship fish at sea except only at designated times and places and in accordance with this Act; and (d) such other matters as may be required for effective implementation of the access arrangement in accordance with this Act.

Section 64Verify source

§ 65Authorisations for marine scientific research and trial fishingOffence

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.

Section 65— Authorisations for Marine Scientific Research and Trial Fishing. (1) Where there is no applicable access arrangement, the Minister on the advice of the Commission may authorise marine scientific research or trial fishing operations in the fishery waters upon completion of procedures required under this Act (2) An authorisation under subsection (1) shall have attached such conditions as the Minister may determine. (3) An authorisation granted under this section shall be in writing and be in such form as may be determined by the Minister. (4) A person authorised in accordance with this section shall comply with all applicable laws of Ghana and the conditions of the authorisation. (5) The Minister may refuse to issue, suspend or cancel the authorisation in accordance with this Act if there is failure to comply with the requirements of this Act or the conditions of the authorisation. (6) A person who undertakes marine scientific research or trial fishing operations without authorisation commits an offence and is liable on summary conviction to a fine of not less than (a) $10,000 and not more than $1 million in the case of a foreign fishing vessel or a local industrial or semi-industrial fishing vessel; or (b) 100 penalty units and not more than 500 penalty units in any other case.

Section 65Verify source

§ 66Chartered foreign fishing vesselOffence

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.

Section 66—Chartered Foreign Fishing Vessel. (1) A citizen or a qualified company that has entered into a charter agreement for the use of a foreign fishing vessel shall submit a copy of the charter agreement to the Commission for designation as an approved charter agreement. (2) The conditions for the approval of a charter agreement shall be prescribed by Regulations. (3) A foreign fishing vessel fishing under an approved charter agreement is subject to all requirements of this Act in respect of foreign fishing vessels, including licensing and compliance requirements as well as penalties.

Section 66Verify source

§ 67Appointment of agentsProvision

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

Section 67—Appointment of Agents. The Minister may require that, prior to the issue of a fishing licence to a foreign fishing vessel in which there is no Ghanaian ownership or shareholding, the applicant appoints an agent within Ghana, who is a citizen or a non-citizen who has resided continuously within Ghana for a period of at least five years immediately prior to the proposed appointment, with no record of conviction, and the person shall be authorised to receive and respond to any legal process issued in Ghana with respect to the activities of the vessel, its owner, operator, master and crew members.

Section 67Verify source

§ 68Posting of bonds Sub-Part V—Fishing Licences for Industrial and Semi-Industrial vesselsOffence

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.

Section 68—Posting of Bonds. (1) The Minister may require that, prior to the issue of a fishing licence to a foreign fishing vessel, the applicant or its authorised agent posts a performance bond which may be applied for the payment of any fine, penalty or other determination for any offence under this Act committed by or in respect of that vessel or for any liability in relation to the vessel arising under this Act. (2) The Minister may further require that the posting of a performance bond during the period of validity of the licence shall be a condition for the licence. Sub-Part V—Fishing Licences for Industrial and Semi-Industrial Vessels

Section 68Verify source

§ 69Application for a fishing licenceProvision

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.

Section 69—Application for a Fishing Licence. (1) Subject to any authorisation given under an access agreement made under this Act in relation to foreign fishing vessels, and except otherwise provided under this Act an application for a fishing licence in respect of local industrial or semi-industrial fishing vessel or a foreign fishing vessel shall be made to the Commission. (2) The application shall be in such form as may be prescribed by the Commission and shall be submitted with (a) documents; and (b) application fee determined by the Commission.

Section 69Verify source

§ 70Recommendations to the MinisterProvision

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.

Section 70—Recommendations to the Minister. (1) The Director shall on an application being submitted to the Commission refer the application, where applicable, to a fishery licence evaluation committee established under section 11. (2) Where an application is referred to a fishery licence evaluation committee, the committee shall evaluate the application and may request the applicant to provide such further particulars as the committee considers necessary for the purpose of evaluating the application and shall unless delay occurs because of request for further particulars, submit its evaluation to the Commission within fourteen days of the reference by the Director. (3) The Commission shall within fourteen days of receipt of an evaluation of an application, submit its recommendations to the Minister for the grant or otherwise of the licence the subject of the application. (4) The Minister shall on the basis of the recommendations of the Commission issue the licence.

Section 70Verify source

§ 71Licence feesProvision

The Commission sets fishing licence fees after consulting the Minister.

Section 71—Licence Fees. (1) The fee for a fishing licence shall be determined by the Commission in consultation with the Minister. (2) Licence for foreign fishing vessels shall be paid in US dollars.

Section 71Verify source

§ 72Other conditions of fishing licenceProvision

Regulations may set additional conditions for getting a fishing licence.

Section 72—Other Conditions of Fishing Licence. Regulations may prescribe further conditions for grant of fishing licence.

Section 72Verify source

§ 73Renewal of fishing licenceProvision

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

Section 73—Renewal of Fishing Licence. A fishing licence issued under this Sub-Part may on an application to the Commission be renewed subject to such condition as the Commission may determine.

Section 73Verify source

§ 74Period of validity of licencesProvision

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.

Section 74—Period of validity of Licences. (1) Subject to this section, a fishing licence issued or renewed under this Sub-Part shall, unless earlier cancelled or suspended in accordance with this Act or Regulations made under this Act, be valid for a period not exceeding one year, or such lesser period as may be specified in the licence, and shall not in the case of a charter or access agreement, extend beyond the period of validity of the applicable charter agreement or access arrangement. (2) Fishing licences shall be issued or renewed annually or quarterly or within such period as the Commission may recommend and shall expire (a) in respect of an annual licence on 31st December in the year in which it is issued; or (b) in respect of a quarterly licence on 31st March, 30th June, 30th September or 31st December in the year in which it is issued. (3) A licence issued or renewed shall only be valid for the species of fish and the type of fishing gear or method of fishing, or such other activity in accordance with this Act as may be specified in the licence. (4) Where a vessel licensed as a local industrial fishing vessel becomes a foreign fishing vessel, the licence shall automatically terminate.

Section 74Verify source

§ 75Transfer of fishing licencesOffence

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.

Section 75—Transfer of Fishing Licences. (1) A fishing licence issued under this Sub-Part shall not be transferred unless (a) the Director has been notified in writing of the transfer prior to the transfer by both the transferor and the transferee; (b) the Commission approves the transfer on such conditions as it may determine; (c) the written permission of the Minister for the transfer is endorsed on the licence; and (d) in the case of a local industrial or semi-industrial fishing vessel the transferee qualifies to hold a local fishing licence as provided under section 47. (2) Without limiting the scope of subsection (1) the Minister may in order to give effect to any scheme for the restriction of effort in respect of any fish under a fishery management and development plan approved under this Act, in writing, do any or all of the following (a) direct that a licence to engage in that fishery activity may not be transferable from one vessel to another vessel, or that the surrender of licences may not give rise to certain rights to new licences; and (b) set other conditions under which permission may be given in respect of transfer of licences. (3) A person, being the previous owner or new owner of a licensed fishing vessel licensed under this Sub-Part who does not notify the Director in writing as provided under subsection (1)(a) commits an offence and is liable upon summary conviction to a fine of not less than (a) $5,000 and not more that $10,000 in the case of a vessel of less than 50GRT; (b) $25,000 and not more than $100,000 in the case of a vessel of 50GRT but less than 100GRT, (c) $150,000 and not more than $500,000 in the case of a vessel of 100GRT but less than 250GRT, or (d) $1 million in the case of a fishing vessel of 250GRT or above.

Section 75Verify source

§ 76Refusal, suspension, modification and cancellation of licencesProvision

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.

Section 76—Refusal, Suspension, Modification and Cancellation of Licences. (1) The Commission shall not recommend the issue or renewal of a fishing licence for a local industrial or semi-industrial fishing vessel or a foreign fishing vessel unless it is satisfied that (a) the application is in accordance with the requirements of this Act and Regulations made under it; (b) the required fee has been paid in accordance with this Act and any applicable access arrangement; and (c) there has been no failure to satisfy a judgment or other determination for a contravention of this Act or an access arrangement where applicable by the operator of the vessel in respect of which the application for the licence is made. (2) The Commission may refuse to recommend the issue or renewal of a fishing licence, or may recommend the suspension or cancellation of a fishing licence or authorisation where it is satisfied that: (a) information required to be given or reported under this Act and any applicable access arrangement is false, incomplete, incorrect or misleading. (b) it is necessary to do so in order to give effect to any licensing programme specified in an approved fisheries plan; (c) the owner or charterer of the vessel is the subject of proceedings under the bankruptcy laws of any jurisdiction or on reasonable grounds appears unable to meet any financial obligations which could arise from fishing activities, and has not provided financial assurances required by the Commission; (d) the vessel in respect of which the licence was issued has been used in contravention of this Act or in breach of any regulation or direction made or given under this Act or any condition of the licence or, in the case of a foreign fishing vessel, in breach of any applicable access arrangement; (e) the fishing vessel does not meet the safety standards required under any enactment for the purpose for the time being in force; (f) the fishing vessel does not bear the prescribed markings; (g) the gear to be used on the fishing vessel does not meet the requirements of the prescribed mesh sizes; (h) the fishing vessel is manned by a crew that is not qualified under an existing enactment for the purpose; (i) the vessel is not seaworthy; (j) the fishing vessel is not covered by a valid policy of insurance which covers injury to third parties; (k) the owner, operator or master of the fishing vessel has failed to submit the catch returns or landing reports or to maintain logbooks as required under this Act or Regulations made under this Act; (1) the owner, operator or master of the fishing vessel engages in activity prejudicial to the fishing industry; (m) the applicant or operator of the vessel for which a licence is sought has a documented history of non-compliance with fisheries laws or regulations and is believed unlikely to comply with such laws, or regulations if a licence is issued; (n) the vessel for which the licence is sought is not equipped with a working transponder for satellite monitoring where applicable. (3) The Minister may on the recommendations of the Commission impose additional conditions or modify the terms of a fishing licence on such grounds as specified by the Commission after giving notice as provided in subsection (4) to the licensee. (4) Where a licence has been suspended or cancelled, notification of the cancellation or suspension shall be given to the person to whom the licence was issued within a period of at least seven days before the effective date of the suspension or cancellation. (5) A notification given under subsection (4) shall be in writing, except that in the case of a foreign fishing vessel, the notification may be in writing or by telex, radio, facsimile or such other form as the Director considers appropriate. (6) Where a fishing licence has been suspended or cancelled on the grounds specified in subsection (2) (b), a proportion of any fees paid for the fishing licence representing the unexpired period of that licence or the period of suspension, as the case may be, shall be reimbursed to the licensee at the request of the licensee.

Section 76Verify source

§ 77Observation of other lawsProvision

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

Section 77—Observation of other Laws. A fishing licence or other authorisation issued under this Act shall not relieve any licensee, or the master or crew of a fishing vessel of any obligation or requirement imposed by law concerning navigation, health, customs, immigration or an other matter.

Section 77Verify source

§ 78Establishment of Fisheries Appeals Board and appealsProvision

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.

Section 78—Establishment of Fisheries Appeals Board and Appeals. (1) There is established by this Act a Fisheries Appeals Board which shall consist of the following members: (a) one representative of the Attorney-General's Department not below the rank of a Chief State Attorney who shall be the chairperson; (b) one person appointed by the Minister; and (c) one representative of the fishing industry who is not an interested party in the subject matter of the appeal. (2) A person affected or aggrieved by a decision of the Minister to (a) refuse to issue or renew a licence under this Act; or (b) modify, cancel or suspend a licence, may, within fourteen days of receipt of notification of that decision appeal first to the Fisheries Appeals Board for redress. (3) The Fisheries Appeals Board may confirm, reverse or vary the decision appealed against. (4) A person dissatisfied with the decision of the Appeals Board may seek such redress as that person considers appropriate from the courts. (5) The Fisheries Appeal Board shall regulate its proceedings and shall in its deliberations be guided by fairness and the rules of natural justice.

Section 78Verify source

§ 79Register of licencesProvision

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

Section 79—Register of Licences. The Commission shall maintain a register of licences issued under this Act, containing information relating to (a) the vessel, person or project licensed; (b) the nature of the activity licensed; (c) the period of validity of each licence; and (d) such additional information relating to the licences as may be determined by the Commission.

Section 79Verify source

§ 80Other authorisation and permits Sub-Part VI—Fishing Zones, Gear, Methods and Manning of Motor VesselProvision

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.

Section 80—Other Authorisation and Permits. The provisions on fishing licence under this Sub-Part shall unless otherwise provided in this Act or Regulations made under this Act, apply to any other authorisation or permit required under this Act with such modifications and adaptations as may be necessary. Sub-Part VI—Fishing Zones, Gear, Methods and Manning of Motor Vessel

Section 80Verify source

§ 81Establishment of zones and prohibition of fishing inside zonesOffence

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

Section 81—Establishment of Zones and prohibition of Fishing inside Zones. (1) The water area specified in the Schedule to this Act is hereby declared as the Inshore Exclusive Zone (IEZ) of Ghana. (2) The IEZ shall be used exclusively by small semi-industrial vessel (SIV), canoes and recreational fishing vessels. (3) A person shall not use a large semi-industrial vessel or industrial fishing vessel for fishing inside the IEZ. (4) A person shall not use a canoe support vessel to fish in the IEZ. (5) A towing gear shall not be used in 30-metre zone or such depth as may be prescribed by Regulations. (6) Notwithstanding any provision of this section the Commission may at such periods as it considers appropriate permit large semi-industrial vessels to enter the IEZ for the capture of cephalopods. (7) The Director may on written guidelines by the Commission, exempt in writing a research or any other fishing vessel from subsections (4) or (5). (8) A person who contravenes subsection (3), (4) or (5) commits offence and is liable on summary conviction to a fine of not less than (a) $100,000 and not more than $500,000 in respect of a foreign fishing vessel; (b) $10,000 and not more than $100,000 in respect of a local industrial; or semi-industrial fishing vessel; or (c) not less than 100 penalty units and not more than 500 penalty units any other case.

Section 81Verify source

§ 82Destruction of fishing gear of artisanal fishermen in IEZOffence

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

Section 82—Destruction of Fishing Gear of Artisanal Fishermen in IEZ. (1) A person aboard a motor fishing vessel shall not destroy or damage any appropriately marked fishing gear of an artisanal fisherman inside the IEZ. (2) Regulations may provide for the relevant and appropriate marking artisanal vessels and gear. (3) A person who contravenes subsection (1) commits an offence an liable on summary conviction to a fine of not less than $5,000 and not more than $100,000 and in addition, the master, owner and charterer, if any, of the vessel in respect of which the offence was committed shall be jointly and severally responsible for providing to the aggrieved artisanal fishermen (a) full compensation for the destroyed gear either in kind or in cash; and (b) adequate compensation for lost fishing time.

Section 82Verify source

§ 83Manning of motor fishing vessels Sub-Part VII—Fishing ActivitiesOffence

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.

Section 83—Manning of Motor Fishing Vessels. (1) A motor fishing vessel of or exceeding 24 metres shall not proceed to sea or call at a port in Ghana unless it has on board: (a) a skipper who is the holder of a First Class Fishing Certificate Competency (Unlimited), issued by the competent authority; (b) a mate or second hand as the case may be who is the holder Second Hand Certificate of Competency (Unlimited), issued by the competent authority, except that a skipper who is the holder First Class Fishing Certificate of Competency (Limited to vessels between 12 metres and 24 metres), operating in unlimited waters may serve in this capacity. (c) an engineer who is the holder of a First Class Engineer's Certificate of Competency (Fishing), issued by a competent authority; (d) an engineer who is the holder of a Second Class Engineer's Certificate of Competency (Fishing), issued by a competent authority; (e) a bosun who is a holder of an Ablebodied Seaman's Certificate of Competency issued by the competent authority; (f) in the case of a vessel equipped with marine radio telephone, a radio operator with the requisite certificate of competency issued by the competent authority; and (g) in the case of a vessel equipped with marine telegraphy, a radio operator with the requisite Certificate of Competency issued by the competent authority. (2) No motor vessel of 12 metres length or more but less than 24 metres shall proceed to sea from a port in Ghana unless it is provided with (a) a skipper who is the holder of a First Class Fishing Certificate of Competency (Limited to vessels between 12 metres and 24 metres), issued by a competent authority; (b) a mate or second hand as the case may be who is the holder of a Second Hand Certificate of Competency (Limited to vessels between 12 metres and 24 metres), issued by the competent authority except that a skipper who is the holder of a First Class Fishing Certificate of Competency (Limited to vessels of length less than 12 metres), operating in limited or unlimited waters may serve in that capacity; (c) a bosun who is a holder of an Ablebodied Seaman's Certificate of Competency issued by the competent authority; and (d) a marine motor mechanic who is the holder of a Certificate of Competency issued by the competent authority. (3) No motor fishing vessel of less than 12 metres shall proceed to sea from a port in Ghana unless it is provided with: (a) a skipper who is the holder of a First Class Fishing Certificate of Competency (Limited to vessels of length less than 12 metres), issued by the competent authority; (b) a bosun who is the holder of an Ablebodied Seaman's Certificate of Competency, issued by the competent authority; and (c) a marine motor mechanic who is the holder of a Certificate of Competency issued by the competent authority. (4) Except in case of emergency at sea no person shall (a) hold himself out as a skipper, second hand, radio officer, radio operator, bosun or engineer of a semi-industrial or industrial vessel without first ascertaining that the person has been duly certified such in accordance with this section; (b) employ any person as a skipper, second hand, radio officer, radio operator, bosun or engineer of a semi-industrial or industrial vessel without first ascertaining that the person has been duly certificated such in accordance with this section. (5) For the purposes of this section a person is duly certificated as a skipper, second hand, radio officer, radio operator, bosun or engineer of a semi-industrial or industrial vessel if that person holds for the time being a Certificate of Competency granted by the competent authority. (6) Where the skipper or engineer of a semi-industrial or industrial vessel is absent, the competent authority may on application by the owner of the vessel and on being satisfied that the absence of the skipper or engineer is unavoidable, authorise the holder of a lower grade fishing vessel certificate to act for a specific period, but not exceeding four months, as the skipper or engineer of the vessel during the period that the skipper is absent, and the holder of the lower grade certificate of competency so authorised to act shall for the purposes of sub- section (5) be regarded as the duly certified skipper or engineer. (7) A competent authority designated in writing by the Commission shall keep a record of every Certificate of Competency issued and of any suspension, alteration or cancellation or any other matter affecting any such certificate. (8) The owner, operator or master of a vessel used in contravention subsection (1), (2) or (3) commits an offence and is liable on summary conviction to a fine of not less than $10,000 and more than $500,000 in respect a local industrial or semi-industrial fishing vessel or a foreign fishing vessel. (9) A person who contravenes subsection (4) commits an offence and is liable on summary conviction to a fine of not more than 500 penalty units imprisonment for a term not exceeding 2 years or to both. Sub-Part VII—Fishing Activities

Section 83Verify source

§ 84Closed seasonsOffence

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

Section 84—Closed Seasons. (1) The Commission may by notice in the Gazette declare closed seasons, including their duration, for fishing in specified areas of the coastal waters or the riverine system. (2) A declaration made under subsection (1) shall be given all reasonable publicity and, where possible, shall be given in advance of the closed season. (3) A closed season declared by any international body of which Ghana is a member shall be regarded as a closed season declared under this Act. (4) A person who engages in fishing during a closed season declared in accordance with this section commits an offence and is liable on summary conviction to a fine of not less than (a) $500,000 and not more than $2 million in respect of a local industrial or semi-industrial fishing vessel or a foreign fishing vessel; or (b) 100 penalty units and not more than 500 penalty units in any other case. and in addition, any catch, fishing gear or vessel or any combination of them used in the commission of the offence may be forfeited to the State.

Section 84Verify source

§ 85Net for fishingProvision

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

Section 85—Net for Fishing. The Minister acting in accordance with the advice of the Commission shall by Regulations prescribe the types and sizes of gear or devices that may be used for fishing including prohibited nets and the relevant fishing activities.

Section 85Verify source

§ 86Submerged stationery fishing gearOffence

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

Section 86—Submerged Stationary Fishing Gear. (1) Every submerged stationary fishing gear or surface drifting gear shall bear conspicuous surface marks using brightly coloured buoys, flags or floating poles and night lighted markers all of which must be visible in clear weather at a distance of at least one nautical mile; except that in the case of nets, the markers shall be placed at intervals of twenty-five metres along the full length of the net. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of (a) not more than 250 penalty units in respect of an artisanal fishing activity; or (b) not less than $1,000 and not more than $10,000 in respect of any other fishing vessel.

Section 86Verify source

§ 87Driftnet fishing activitiesOffence

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

Section 87—Driftnet Fishing activities. (1) A fishing vessel whether registered in Ghana or outside Ghana shall not be used for or assist in any driftnet fishing activities in the fishery waters. (2) A person shall not engage or assist in any driftnet fishing activity. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a fine of not less than (a) 25 penalty units and not more than 500 penalty units in respect of an artisanal fishing activity; or (b) $250,000 and not more than $2 million in respect of any other fishing vessel and in addition, the catch, fishing gear or other apparatus or any combination of them used in the commission of the offence may be forfeited to the State.

Section 87Verify source

§ 88Prohibited fishing methods Sub-Part VIII—Conservation MeasuresOffence

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.

Section 88—Prohibited Fishing Methods. (1) A person shall not (a) permit to be used, use or attempt to use any explosive, poison or other noxious substance for the purpose of killing, stunning, disabling or catching fish, or in any way rendering fish more easily caught; or (b) carry on board or have in his or her possession or control without lawful authority at any place within a two kilometre radius from any shore or river, any explosive, poison or other noxious substance in circumstances indicating an intention of using such substance for any of the purposes referred to in paragraph (a). (2) Any explosive, poison or other noxious substance found on board a fishing vessel shall be presumed, unless the contrary is proved, to be intended for the purposes referred to in subsection (1) (a) (3) A person who lands, sells, receives or possesses fish taken by any means which contravenes subsection (1) (a) and who knows or has reasonable cause to believe that the fish has been so taken, commits an offence and is liable on summary conviction to a fine of not less than (a) $250,000 and not more than $2 million in respect of a local industrial or semi-industrial fishing vessel or a foreign fishing vessel; (b) 25 penalty units and not more than 500 penalty units in any other case. and in addition, the catch, fishing gear or other apparatus or any combination of them used in the commission of the offence shall be forfeited to the State. (4) In any proceedings for an offence under this section, a certificate, as to the cause and manner of death or injury of any fish, signed by an authorised person or observer shall, until the contrary is proved, be sufficient evidence as to the matters stated in the certificate. (5) In proceedings for an offence under this section, the defendant shall be given not less than fourteen days' notice in writing of the prosecution's intention produce a certificate under subsection (4). Sub-Part VIII—Conservation Measures

Section 88Verify source

§ 89Protection of gravid and juvenile lobsters and other crustaceaOffence

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.

Section 89—Protection of Gravid and Juvenile Lobsters, other Crustacea and other Juvenile Fish. (1) A person shall not knowingly take any (a) gravid lobsters; (b) crustacea; or (c) any juvenile fish during fishing. (2) Where any fish mentioned in subsection (1) is caught accidentally or as a by-catch it shall immediately be returned to the sea, river or lake. (3) A person who contravenes this section commits an offence and is liable on summary conviction to a fine of (a) not less than $50,000 and not more than $1 million in respect of a local industrial or semi- industrial fishing vessel or a foreign fishing vessel, or (b) not more than 250 penalty units in any other case. and in addition, the catch, fishing gear or other apparatus or any combination of them used in the commission of the offence may be forfeited to the State.

Section 89Verify source

§ 90Fishing for marine mammalsOffence

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.

Section 90—Fishing for Marine Mammals. (1) Subject to subsection (3), no person shall fish for marine mammals in the fishery waters. (2) Any marine mammal caught incidentally shall be released immediately and returned to the waters from which it was taken with the least possible injury. (3) The Director with the approval of the Commission may give written authorisation to fish for marine mammals in a limited manner. (4) A person who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a fine of not less than (a) $50,000 and not more than $1 million in respect of a local industrial or semi-industrial vessel or a foreign fishing vessel; or (b) 500 penalty units in any other case.

Section 90Verify source

§ 91Marine reservesOffence

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.

Section 91—Marine Reserves. (1) The Minister may on the advice of the Commission and, after consultation with the Minister for the Environment, owners of the adjoining land and the relevant District Assembly declare any area of the fishery waters and the seabed underlying the waters to be a marine reserve. (2) A person who, except with the written permission of the Minister within any marine reserve (a) engages in fishing; (b) dredges or takes any sand or gravel; or (c) otherwise disturbs the natural habitat commits an offence and is liable on summary conviction to a fine of not less than $50,000 and not more than $2 million in respect of a local industrial or semi-industrial fishing vessel or a foreign fishing vessel and not more than 500 penalty units in any other case.

Section 91Verify source

§ 92Pollution of fishery watersOffence

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

Section 92—Pollution of Fishery Waters. A person who directly or indirectly introduces a deleterious substance into the fishery waters which adversely affects the habitat or health of the fish or other living aquatic resource commits an offence and is liable on summary conviction to a fine of not less than (a) $50,000 and not more than $2 million where a local industrial or semi-industrial vessel or a foreign fishing vessel is used in the commission of the offence; or (b) 50 penalty units and not more than 500 penalty units in any other case. and the person may be ordered by the court to pay such additional amount as the court may determine in compensation for any loss suffered as a result of the introduction of the deleterious substance and any related clean-up costs.

Section 92Verify source

§ 93Fisheries impact assessments Sub-Part IX—Monitoring, Control, Surveillance and EnforcementCommencement

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

Section 93—Fisheries impact Assessments. (1) A person or government department or other agency planning to conduct any activity other than fishing, which is likely to have a substantial impact on the fishery resources or other aquatic resources of Ghana, shall inform the Commission of the plans prior to the commencement of the planned activity with a view to the conservation and protection of the resources. (2) The Commission may make or require reports and recommendation by those conducting the planned activity regarding the likely impact of the activity on the fishery resources or other aquatic resources of Ghana and possible means of preventing or minimising adverse impacts, which shall be taken into account by the person, government department or other agency in the planning of the activity and in the development of means of preventing or minimising any adverse impacts. (3) The requirement under this section shall be in addition to any other requirement of the Environmental Protection Agency. Sub-Part IX—Monitoring, Control, Surveillance and Enforcement

Section 93Verify source

§ 94Establishment and functions of the Monitoring, Control, Surveillance and Enforcement UnitProvision

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.

Section 94—Establishment and Functions of the Monitoring, Control, Surveillance and Enforcement Unit. (1) There is established by this Act a Fisheries Monitoring, Control, Surveillance and Enforcement Unit hereafter referred to as the Enforcement Unit. (2) The Enforcement Unit is responsible for (a) monitoring, control and surveillance of all fishing operations within the fishery waters by whatever appropriate means including, the management and running of a satellite base station for using satellite communications for data transmission relating to the activities of foreign fishing vessels licensed to operate within the EEZ; and (b) the enforcement of this Act, Regulations made under this Act and any other enactment relating to the regulation of fishing activities. (3) The Enforcement Unit shall include such personnel from the Ghana Navy, Ghana Airforce and the secretariat of the Commission as the Minister shall in consultation with the Minister for Defence determine. (4) The Minister may request personnel from other departments, agencies of State or other competent bodies or organisations to assist the Enforcement Unit in the performance of its functions. (5) There shall be assigned to the Enforcement Unit an Attorney from the ministry of justice. (6) The Minister shall in consultation with the Minister for Defence, appoint the head of the Enforcement Unit.

Section 94Verify source

§ 95Authorised officersProvision

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.

Section 95—Authorised Officers. (1) The Minister may, in writing, appoint any public officer as an authorised officer for the purposes of this Act and the person shall exercise all powers and functions provided by or under this Act. (2) Without limiting the scope of subsection (1) the following are authorised officers for the purposes of this Act, Regulations made under it and any other enactment relating to the regulation of fisheries: (a) personnel of the Enforcement Unit; (b) personnel of the Ghana Navy; (c) air crew and personnel of the Airforce deployed for fishery duties; (d) officers of the Water Research Institute; and (e) fishery officers of the secretariat of the Commission.

Section 95Verify source

§ 96Police and other powers of authorised officersOffence

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.

Section 96—Police and other Powers of Authorised Officers. (1) For the purposes of enforcing this Act, an authorised officer shall have the same powers of arrest as a police officer. (2) Without limiting the scope of subsection (1) an authorised officer may (a) stop, board, remain on board and search any vessel in the fishery waters which the officer reasonably believes is a fishing vessel; (b) stop, board, remain on board and search any vessel registered in Ghana found outside the fishery waters; (c) stop and search any vessel, vehicle or aircraft the officer reasonably believes may be transporting fish or engaged in other activities relating to fishing; (d) require the master or any crew member or other person aboard a vessel to inform the officer of the name, call sign and country of registration of the vessel and the name of the master, owner, charterer or other crew member; (e) question the master or any crew member or other person aboard about the cargo, contents of holds and storage spaces, voyage and activities of the vessel; (f) make such examination and inquiry as may appear necessary to the officer concerning any vessel, vehicle or aircraft in relation to which any of the powers conferred by this subsection have been or may be exercised and take samples of any fish or fish product found in the vessel, vehicle or aircraft; (g) require to be produced and examined and take copies of any licence, logbook, record or other document required under this Act or concerning the operation of the vessel, vehicle or aircraft. (h) make an entry dated and signed by the officer in the logbook of the vessel or aircraft; (i) require to be produced and examined any fish, fishing gear or appliance or explosive, poison or other noxious substance; (j) examine and test where relevant any satellite tracking device or transponder required to be installed in the vessel by this Act or Regulations made under this Act; (k) give to the master and any crew member of the vessel, vehicle or aircraft, stopped, boarded or searched, such directions as may be necessary or reasonably expedient for any purpose specified in this Act or to ensure compliance by the vessel, vehicle or aircraft master or any crew member, of the conditions of any licence authorisation; (1) examine and endorse any licence or authorisation; (m) arrest any person who assaults the officer in the exercise of duties of the officer under this Act. (3) Where an authorised officer has reasonable grounds to believe that an offence under this Act is being or has been committed, the officer may without a warrant (a) enter, inspect and search any premises, other than premises used exclusively as a dwelling-house, in which the officer has reasonable grounds to believe an offence has been or is being committed or taken illegally is being stored; (b) stop, enter and search and stay in or on any vehicle or aircraft which the officer reasonably suspects of transporting fish or fish products; (c) within the fishery waters, follow in hot pursuit in accordance with international law and stop, board and search outside the fishery waters any foreign vessel which the officer has reasonable grounds to believe has been used in the commission of the offence and bring the vessel and persons on board within the fishery waters; (d) take samples of any fish found in any vessel, vehicle or aircraft inspected or any premises searched under this Act; (e) seize: (i) any vessel (including its fishing gear, equipment, stores and cargo), vehicle, fishing gear, nets or other fishing appliances or aircraft which the officer has reasonable grounds to believe has been used or is being used in the commission of an offence; (ii) any fish or fish products which the officer has reasonable grounds to believe have been caught in the commission of an offence or fish or fish product which are possessed in contravention of this Act; (iii) any electric shock device, explosive, poison or other noxious substance which the officer has reason to believe has been used or is possessed in contravention of this Act; (iv) fish that does not meet health standards prescribed under this Act or any other enactment; (v) any logs, charts or other documents required to be maintained by this Act or under the terms of any licence or other authorisation which the officer has reasonable grounds to believe show or tend to show, with or without other evidence, the commission of an offence under this Act; (vi) any thing which the officer has reasonable grounds to believe might be used as evidence in any proceedings under this Act; (f) arrest any person whom the officer has reasonable grounds to believe has committed an offence under this Act. (4) An authorised officer may, in arresting any person or seizing a fishing vessel which the officer has reasonable grounds to believe has acted in contravention of this Act, use such force as is reasonably necessary in the circumstances to effect the arrest. (5) A written receipt shall be given for any article or thing seized under this section and the grounds for the seizure shall be stated in the receipt. (6) Any person arrested without a warrant under this section shall be taken to a police station forthwith and dealt with in accordance with law. (7) An authorised officer may, with or without a warrant or other process execute any warrant or other process issued by a court.

Section 96Verify source

§ 97Powers of authorised officer beyond limits of fishery watersProvision

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.

Section 97—Powers of Authorised Officer beyond Limits of Fishery Waters. Where, following in hot pursuit in accordance with this Act, a fishing vessel is pursued beyond the limits of the fishery waters, the powers conferred on an authorised officer by this Act shall be exercisable beyond the limits of the fishery waters in accordance with international law.

Section 97Verify source

§ 98Seized vessels to be taken to portProvision

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

Section 98—Seized Vessels to he taken to Port. (1) Where a vessel is seized under this Act, (a) the master and crew shall take it to such port as the authorised officer shall designate, being the nearest or most convenient port; and (b) the master shall be responsible for the safety of the vessel, the port charges and every person on board the vessel, including the crew and any authorised officer until the vessel arrives at the designated port. (2) If the master fails or refuses to take the seized vessel to the designated port, the authorized officer or a person called upon to assist the master, may do so. (3) If a vessel is taken to port under subsection (2), no claim whatever may be made against any authorised officer or the Government in respect of any damage, injury, loss or death which occurs while the vessel is being so taken, subject to the provisions of this Act. (4) The provisions relating to vessels and masters described in subsections (1) to (3) shall apply with necessary modification to vehicles and aircrafts seized in accordance with this Act, and their drivers and pilots respectively.

Section 98Verify source

§ 99Removal of parts from seized vesselsSubstitution

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.

Section 99—Removal of Parts from Seized Vessels. (1) An authorised officer may remove a part from any unlicensed vessel, vehicle or aircraft held in the custody of the State for the purpose of immobilising that vessel, vehicle or aircraft. (2) Any part removed under subsection (1) shall be kept safely and returned to the vessel, vehicle or aircraft upon its lawful release from custody. (3) A person shall not (a) knowingly possess or arrange to obtain any part removed under subsection (1); (b) knowingly possess or arrange to obtain or make any replacement or substitute a part for those removed under subsection (1); or (c) fit or attempt to fit any part or any replacement or substitute part to a vessel, vehicle or aircraft held in the custody of the State. (4) Any person who contravenes any provision of subsection (3) commit an offence and is liable on summary conviction to a fine of not less than $1,000 and not more than $1 million or imprisonment for a term not exceeding 2 years.

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§ 100Observers of fishing vesselsProvision

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.

Section 100—Observers of Fishing Vessels. (1) The Minister may on the recommendations of the Commission appoint in writing public officers to act as observers in respect of any vessel issued with a fishing licence or authorisation under this Act. (2) Observers shall perform such functions as the Minister may determine, including (a) collection of catch and effort data; (b) taking reasonable samples of fish for scientific purposes; and (c) reporting violations of this Act and Regulations made under it.

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§ 101Duties of master and crew towards authorised officers and observersOffence

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.

Section 101—Duties of Master and Crew towards Authorised Officers and Observers. (1) A person on board a fishing vessel with a valid licence or authorisation issued under this Act shall permit an authorised officer or observer to board an remain on the vessel for the purposes of carrying out the duties of the officer or observer under this Act. (2) The operator and every member of the crew of the vessel shall allow and assist an authorised officer or observer to (a) board the vessel for scientific, compliance monitoring and other functions, at such time and place as the Director may direct; (b) have full access to and the use of facilities and equipment on board the vessel which the authorised officer or observer may determine is necessary to carry out the duties of the officer or observer, including (i) full access to the bridge, navigation charts, fish on board and areas which may be used to hold, process, weigh or store fish; (ii) full access to the vessel's records, including its logbooks and documentation for the purposes of records inspection and copying; (iii) full access to fishing gear on board; and (iv) reasonable access to navigation equipment and radios; (c) take and remove from the vessel reasonable samples for the purposes of scientific investigation and other relevant information; (d) take photographs of the fishing operations, including fish, fishing gear and equipment and charts and records, and remove from the vessel photographs or film the officer or observer may have taken or used on board the vessel; (e) send or receive messages by means of the vessel's communications equipment; (f) carry out all duties safely; and (g) disembark at such time and place as may be requested. (3) The operator of the vessel shall provide an authorised officer or observer forced by circumstances to stay on board the vessel for a prolonged period of time, while on board the vessel, with food, accommodation and medical facilities equivalent to that accorded to officers of the vessel at no expense to the authorised officer or observer. (4) An operator of a vessel with a valid licence or authorisation issued under this Act shall allow and assist any authorised officer or observer to have full access to any place within Ghana where fish taken in the fishery waters is unloaded processed, stored or transhipped, to remove reasonable samples for scientific purposes and to gather information relating to fisheries in the fishery waters. (5) Any person who contravenes a provision of this section commits an offence and is liable on summary conviction to a fine not exceeding $1 million.

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§ 102Compliance with directions of authorised officers and observers and penaltiesOffence

Section 102—Compliance with Directions of Authorised Officers and Observers and Penalties. (1) The master and every crew member of a fishing vessel, the driver of a vehicle and the pilot and crew of an aircraft shall immediately comply with every instruction or direction given by an authorised officer or observer as appropriate, and facilitate safe boarding, entry and inspection of the vessel, vehicle or aircraft and any related fishing gear, equipment, records, fish and fish products. (2) The master and every crew member of a vessel, driver of a vehicle and pilot and crew of an aircraft shall take all reasonable measures to ensure the safety of an authorised officer or observer as appropriate in the performance of the duties of the officer or observer. (3) A person who contravenes subsections (1) or (2) and a person who, (a) assaults, obstructs, resists, delays, refuses boarding to, intimidates or fails to take all reasonable measures to ensure the safety of or otherwise interferes with an authorised officer or an observer in the performance of the duties of the officer or observer; (b) incites or encourages any other person to assault, resist or obstruct any authorised officer or observer while carrying out the duties of the officer or observer, or any person lawfully acting under the officer's orders or in the aid of the officer or observer; (c) uses threatening language or behaves in a threatening or insulting manner or uses abusive language or insulting gestures towards an authorised officer or observer while in the execution of the duties of the officer or observer, or any person lawfully acting under the authorised officer's or observer's orders or in aid of the authorised officer or observer; (d) fails to comply with the lawful requirements of an authorised officer or observer; (e) furnishes to an authorised officer or observer any particulars which, to that person's knowledge are false or misleading in any material respect; or (f) impersonates or pretends to be an authorised officer or observer or pretends to be a person lawfully acting under an authorised officer's or observer's orders or in aid of the officer or observer commits an offence and is liable on summary conviction to a fine of not less than 50 penalty units nor more than 500 penalty units in respect of an artisanal fi

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Legislative relationships

15 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

10 instruments

Artisanal Fishing. (1) The Commission shall in the implementation of its functions under this Act
Section 51
Authorised Officers. (1) For the purposes of enforcing this Act
Section 96
Commission shall by Regulations
Section 85
Commission with other Authorities. In the discharge of its functions under this Act
Section 13
Contracts Act, 1960
Section 28
Controller and Accountant-General and the Minister. (3) The provisions of this Act
Section 39
Fisheries Appeals Board and Appeals. (1) There is established by this Act
Section 78
Fisheries Commission. (1) There is established by this Act
Section 1
Fisheries Development Fund. There is established by this Act
Section 36
Fishing Licence. Regulations
Section 72

G–M

4 instruments

Ghana except (a) under a licence issued under this Act
Section 61
Ghanaian Crew. (1) The owner of a local industrial or semi-industrial fishing vessel licenced under this Act
Section 50
Internal Audit Unit shall be the internal auditor of the Commission. (2) Subject to this Act
Section 32
Licences. The Commission shall maintain a register of licences issued under this Act
Section 79

T–Z

1 instrument

Zones and prohibition of Fishing inside Zones. (1) The water area specified in the Schedule to this Act
Section 81

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