CHAPTER 388
DEEP SEA FISHING AUTHORITY ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Tittle

PART I
PRELIMINARY PROVISIONS

   1.   Short title and commencement.

   2.   Application.

   3.   Interpretation.

PART II
ESTABLISHMENT OF THE DEEP SEA FISHING AUTHORITY

   4.   The Deep Sea Fishing Authority.

   5.   Constitution and functions of the organs of the Authority.

   5A.   Secretariat.

PART III
MANAGEMENT OF THE DEEP SEA FISHING AUTHORITY

   6.   The Chief Executive Officer.

   7.   Appointment of directors.

   8.   Other staff.

   9.   Limitation of liability of members and employees.

PART IV
FINANCIAL PROVISIONS

   10.   Funds of the Authority.

   11.   Annual budget and estimates.

   12.   Investment of funds of Authority.

   13.   Remuneration of members of Committees.

   14.   Accounts and audit.

   15.   Laying of report before the National Assembly.

   16.   Director-General’s Report.

PART V
OFFENCES AND PENALTIES

   17.   Power to call for information and penalty for refusal.

   18.   Fishing contrary to this Act.

   19.   General offences.

PART VI
MISCELLANEOUS PROVISIONS

   20.   Authority to hold consultations.

   21.   Affiliation.

   22.   Appeals.

   23.   Regulations.

CHAPTER 388
THE DEEP SEA FISHING AUTHORITY ACT

An Act to establish a Deep Sea Fishing Authority, to regulate deep sea fishing in the Exclusive Economic Zone and for related matters.

[..........]

Acts Nos.
1 of 1998
17 of 2007

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title and commencement

   This Act may be cited as the Deep Sea Fishing Authority Act, 1998, and shall come into operation on the date which the Minister may by Notice published in the Gazette appoint.

2.   Application Act No. 17 of 2007 s. 2">

   (1) This Act shall apply to Tanzania Zanzibar as well as Mainland Tanzania.

   (2) This Act shall be construed as being in addition to and not in derogation of the Territorial Sea and Exclusive Economic Zone Act *, and shall for fishing intents and purposes complement that Act.

3.   Interpretation Act No. 17 of 2007 s. 3">

   In this Act, unless the context requires otherwise–

   "authorised officer" means officers of the Authority, fisheries officers of the Governments Ministries responsible for fisheries, members of police force, members of defence force, KMKM officers of Customs and Revenue department, or any other person approved by the Minister;

   "Authority" means the Deep Sea Fishing Authority established under section 4 of this Act;

   "court" means the High Court of Tanzania or the High Court of Zanzibar, as the case may be;

   "deep sea zone" means an area beyond twelve nautical miles;

   "deep sea fishing ground" means an area beyond twelve nautical miles from territorial water.

   "Director-General" means the Director-General of the Authority appointed under section 6 of the Act or any person acting in that capacity;

   "exclusive economic zone" has the meaning ascribed to it by the Territorial Sea and Economic Zone Act *;

   "Executive Committee” means a Committee established by section 5 of the Act to assist the Authority;

   "fishing area or Tanzania Fishing Zone" means the seawater contiguous to and beyond the twelve nautical miles of Territorial Sea and its outer limit is two hundred nautical miles from the base lines from which Territorial Sea is measured;

   "flag state" means the state in which a vessel is recognised by international law as being registered;

   "foreign fishing vessel" means a fishing vessel which is recognised by international law as either registered elsewhere other than in the United Republic or is wholly owned by a person or persons who are not citizens of the United Republic or is owned by a body of persons, society or association which is established under the laws of another country other than the United Republic;

   "licensing authority" means the Director-General of the Authority;

   "local fishing vessel" means a vessel which is wholly owned by a person or persons who are citizens of the United Republic of Tanzania; or is wholly owned by a company or society or other association of persons established under the laws of Tanzania and of which fifty one per centum of the voting shares are owned by citizens of the United Republic of Tanzania;

Section 3© of the Amending Act is inserting definition of Minister but again section 3(d) is inserting definition of Minister. Therefore, incorporated the amendment made by section 3(d).    "Ministers" means the ministers responsible for fisheries in Tanzania Zanzibar and Mainland Tanzania;

   "Tanzania" means the United Republic of Tanzania;

   "Technical Advisory Committee" means the Technical Advisory Committee referred to in Section 4(3);

   "Territorial Sea" has the meaning ascribed to it by the Territorial Sea and Exclusive Economic Zone Act *, Part II;

   "United Republic" means the United Republic of Tanzania.

PART II
ESTABLISHMENT OF THE DEEP SEA FISHING AUTHORITY (ss 4-5)

4.   The Deep Sea Fishing Authority Act No. 17 of 2007 s. 4">

   (1) There is hereby established an authority to be known as the Deep Sea Fishing Authority.

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