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
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.
(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.
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;
"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
(1) There is hereby established an authority to be known as the Deep Sea Fishing Authority.
(2) The Authority shall be a body corporate and shall–
(a) have perpetual succession and a common seal;
(b) in its corporate name, be capable of suing and being sued;
{mprestriction ids="1,2,3"}
(c) be capable of purchasing and otherwise acquiring or alienating any movable or immovable property;
(d) have power from time to time to exercise or perform such other powers and functions which are necessary for the proper performance of its functions or which may be performed under this Act.
(3) The Authority shall consist of the following organs–
(a) the Executive Committee;
(b) the Advisory Committee; and
(c) the Management.
(4) The functions of the Authority shall be–
(a) to promote, regulate and control fishing in the Exclusive Economic Zone of the United Republic;
(b) to regulate the licensing of persons and ships intending to fish in the Exclusive Economic Zone;
(c) to initiate, implement and ascertain the implementation of policies on deep sea fishing vessels;
(d) to formulate and coordinate programmes for scientific research in respect of fishing;
(e) to formulate fisheries guidelines;
(f) to negotiate and enter into any fishing or other contract, agreement or any kind of fishing co-operation with any government, international organisation or other institution in pursuance of the provisions of this Act;
(g) safeguard Exclusive Economic Zones environment;
(h) to implement any agreement reached at regional and other international levels which the United Republic is a party; and
(i) to do or undertake any other act or thing required or permitted to be done in furtherance of the purposes and provisions of this Act.
5. Constitution and functions of the organs of the Authority
(1) The Executive Committee shall consist of the following members–
(a) the Permanent Secretary of the Ministry responsible for fisheries in the Revolutionary Government of Zanzibar;
(b) the Principal Secretary of the Ministry responsible for fisheries in the Revolutionary Government of Zanzibar;
(c) the Permanent Secretary of the Ministry responsible for defence;
(d) the Permanent Secretary of the Vice President's Office responsible for Union matters;
(e) the Director-General, who shall be a Secretary of the Committee;
(f) Principal Secretary of the Chief Minister's Office;
(g) the Principal Secretary responsible for KMKM.
(2) For the purposes of the smooth, transparent and effective discharging of the functions of the Authority, the Chairmanship of the Executive Committee shall rotate annually amongst the members in the order in which they are set out in subsection (1).
(3) The functions of the Executive Committee shall be as follows, namely–
(a) to appoint the officers of the rank of director or manager, as the case may be, in the Management of the Authority, on the terms and conditions determined by the Committee;
(b) to approve projects and budgets of the Authority;
(c) to receive and deliberate upon reports on the performance by the organs of the Authority of its functions;
(d) to approve and determine fisheries policies; and
(e) to approve criteria for issuance of licences.
(4) The Executive Committee shall ordinarily meet at least twice in any year, and may hold an extraordinary meeting if the Chairman, considering the effective discharge of the functions of the Authority, so determines, and shall meet at such times and places as may be set out in writing notifying members of the impending meeting and the Committee shall regulate its own procedure.
(5) Quorum at any meeting of the Committee shall be two thirds of members from each side of the Union.
(6) The Committee may make its own procedures.
(7) Where the Executive Committee fails, for any reason, to reach a decision on any matter withing its jurisdiction, the Chairman shall refer that matter to the Minister who, shall make consultations with the Minister responsible for fisheries in Tanzania Zanzibar and the Minister responsible for foreign affairs and international cooperation in the United Republic, and the decision reached thereof shall be binding upon both sides of the Union.
(8) The Technical Advisory Committee shall consist of the following members-
(a) the Director of Fisheries in the Government of the United Republic;
(b) the Director of Fisheries in the Revolutionary Government of Zanzibar;
(c) two lawyers, representing-
(i) the office of the Attorney General in the Government of the United Republic;
(ii) the office of the Attorney General in the Revolutionary Government of Zanzibar.
(d) two marine economists, appointed by the Minister after consultation with the Minister responsible for fisheries in the Revolutionary Government of Zanzibar, one each from the two sides of the Union;
(e) two marine scientific researchers from research institutions, one from each side of the Union;
(f) two other members appointed by the Minister, one each from Mainland Tanzania and Tanzania Zanzibar, being persons having knowledge and experience in the fishing industry.
(9) The functions of the Technical Advisory Committee shall be to-
(a) make proposals for fisheries policies to be formulated by the Executive Committee;
(b) evaluate fisheries projects and advise the Executive Committee for consideration thereof before its approval;
(c) advise on the type of fishing vessels, fishing gears and sustainable fishing methods; and
(d) evaluate reports of performance by the management of its functions and consider the budget and submit it to the Executive Committee for its consideration and approval.
(10) The Technical Advisory Committee shall ordinarily meet quarterly, and may hold an extraordinary meeting if the Chairman, considering the effective discharge of the functions of the Authority, so determines, and shall meet at such times and places as may be set out in the writing notifying members of the impending meeting, and the Committee shall regulate its own procedure.
(11) The Chairmanship of the Technical Advisory Committee shall alternate annually between the Director of Fisheries of Mainland Tanzania and the Director of Fisheries of Tanzania Zanzibar.
(12) The management of the Authority shall consist of the Director-General , Deputy Director-General and other staff appointed to offices in the Authority in accordance with this Act.
(1) There shall be a Secretariat of the Executive Committee to be headed by the Director-General.
(2) The Deputy Director-General and officers from fisheries departments from either side of the Union shall be members of the Secretariat.
PART III
MANAGEMENT OF THE DEEP SEA FISHING AUTHORITY (ss 6-9)
6. The Chief Executive Officer
(1) There shall be a Director-General and Deputy Director-General to be appointed by the President.
(2) The Director-General and Deputy Director-General shall be qualified and well experienced in fisheries activities.
(3) The Director-General shall be the Chief Executive Officer of the Authority and shall be answerable to the Executive Committee–
(a) receipt of application forms, issuance of licences in accordance to the criteria approved by the Executive Committee and revocation of such licences in case of breach of any provision of this Act;
(b) the preparation of the annual budget of the Authority;
(c) the preparation and submission for approval by the Executive Committee of long and short term plans of the Authority;
(d) the keeping and maintenance of records of–
(i) vessels licensed to carry out fishing activities in the Exclusive Economic Zone of the United Republic;
(ii) catches of fish by vessels licensed to carry out fishing activities;
(iii) illegal practices and defaulters of rules and regulations made under this Act.
(e) monitoring and surveillance in Exclusive Economic Zone beyond twelve nautical miles and territorial sea.
(4) Where the Director-General hails from Tanzania Mainland, the Deputy Director-General shall hail from Tanzania Zanzibar, and vice versa.
(5) The tenure of office for the Director-General and Deputy Director-General shall be three year only.
(1) The Executive Committee of the Authority may, on such terms and conditions appoint such other directors who may be required by the Authority from time to time.
(2) The functions of the directors appointed in subsection (1) above shall be to assist the Director-General.
(1) The Technical Advisory committee of the Authority may, on such terms and conditions as it may deem necessary, appoint other staff of the Authority.
(2) Notwithstanding the provisions of sections 5, 6, 7 and subsection (1) of this section, the Executive Committee of the Authority may subject to such conditions and restrictions as it may impose, delegate to any person or body of persons the power of appointment of any members or category of scientific researchers or other staff of the Authority.
9. Limitation of liability of members and employees
No matter or thing done by member of the Authority, Committee or employees shall, if done bona fide for the purpose of executing any provision of this Act, render that member, employee or any person acting by his direction, personally responsible for any action, liability, claim or demand.
PART IV
FINANCIAL PROVISIONS (ss 10-16)
(1) The funds and resources of the Authority shall consist of any sums which–
(a) may be appropriate by Parliament and the House of Representatives for the purposes of the Authority;
(b) the Authority may from time to time borrow for the purpose of the Authority;
(c) may be payable to the Authority by way of donations, gifts, grants, loans or bequests;
(d) may in any manner become payable to or vested in the Authority as a result or in the course of discharging its functions under this Act;
(e) may be allocated for conservation of natural resources and conduct of scientific research.
(2) Any sum of money vested in the Authority as a result or in the cause of discharging its functions under this Act, shall be distributed in the following manner–
(a) fifty per centum shall be retained with the Authority for the running of operational costs specified in paragraphs (a) to (d) of subsection (3) of section 11;
(b) the remainder under paragraph (a) shall be divided as follows-
(i) the Government of the United Republic shall retain thirty per centum; and
(ii) the Revolutionary Government of Zanzibar shall retain twenty per centum.
(3) The funds of the Authority shall be used as budgeted for.
11. Annual budget and estimates
(1) At least three months before the commencement of any financial year, the Director-General shall prepare or cause to be prepared for the approval of the Executive Committee annual estimates of the revenue and expenditure of the Authority for the ensuring financial year.
(2) The Executive Committee shall consider and approve, subject to any modifications and amendments which it may consider appropriate, the estimates prepared in accordance with subsection (1).
(3) The annual budget estimates shall contain provisions for all the estimated expenditure during the ensuing financial year and in particular–
(a) for the payment of salaries, allowances and other charges in respect of the staff, Executive Committee or any Committee of the Authority;
(b) for the payment of construction, improvement, maintenance and replacement of any building or other immovable property of the Authority;
(c) for the proper maintenance and replacement of furniture and equipment of the Authority;
(d) for the creation of such reserve funds to meet future contingent liabilities as the Executive Committee may think fit;
(e) for the carrying out of surveillance, monitoring and control of fishing activities;
(f) for training of officers and staff and for Scientific Research.
(4) No expenditure shall be incurred for the purpose of the Authority except in accordance with the provisions of the annual budget estimates or any supplementary budget approved by the Executive Committee.
(5) A copy of annual budget, supplementary budget and audited reports of accounts approved by the Executive Committee shall be submitted to the Minister one month after commencement of financial year.
(6) A copy of the report under subsection (5) shall be submitted to the minister responsible for fisheries in the Revolutionary Government of Zanzibar.
12. Investment of funds of Authority
The Executive Committee with the approval of the Minister shall have the power to invest the funds of the Authority in any investments subject to the conditions which are prescribed by the Trustees Investments Act * in relation to investments of funds by a Trustee.
13. Remuneration of members of Committees
The Executive Committee may with the approval of the Ministers prescribe emoluments and allowances payable to members of committees from time to time.
(1) The Authority shall cause to be provided and kept proper books of accounts and records with respect to the receipt and expenditure of money by and other financial transactions of the Authority and assets and liabilities of the Authority, and shall cause to be made out of every financial year a balance sheet showing the details of the income and expenditure of the Authority and all its assets and liabilities.
(2) Within not more than three months after the close of each financial year, the accounts, including the balance sheet of the Authority in respect of that financial year, shall be submitted to and audited by the Controller and Auditor-General.
(3) As soon as the accounts of the Authority have been audited, and in any case not later than six months after the close of each financial year, the Executive Committee shall submit to the Minister a copy of the audited statement of accounts, together with a copy of the report made by the Controller and Auditor-General on the statements of the accounts.
15. Laying of report before the National Assembly
The Ministers shall as soon as practicable after receiving statements of accounts lay them before the National Assembly and the House of Representatives, as the case may be, and such a report shall contain–
(a) a copy of the audited accounts of the Authority;
(b) a copy of the audit report if any; and
(c) a copy of the Director-General's report on the activities of the Authority in the preceding financial year.
(1) The Director-General shall at the end of each financial year prepare a report on the activities of the Authority during that financial year.
(2) The report referred to under subsection (1) shall contain-
(a) activities conducted by the Authority;
(b) activities conducted jointly with other organizations; and
(c) financial position of the Authority.
PART V
OFFENCES AND PENALTIES (ss 17-19)
17. Power to call for information and penalty for refusal
(1) The Authority may, in writing, call upon any person or body of persons in whose custody there is any information which may be relevant to its work, to furnish it with such information or produce such document as the Authority may specify in writing.
(2) Every person who, or body of persons which, is required to furnish information under subsection (1) shall comply with the requirement and any person who, or body of persons which, fails or refuses to comply with that requirement commits an offence and–
(a) if it is a first offence, on conviction that person or body of persons shall be liable to a fine of not less than two hundred and fifty thousand shillings or to imprisonment for a term of not less than six months or to both that fine and imprisonment;
(b) if it is a subsequent offence, that person or body of persons shall on conviction be liable to a fine of not less than five million shillings or to imprisonment for a term of not less than three years or to both that fine and imprisonment;
(c) for any further subsequent offence, the court may in addition to the penalty specified in paragraph (ii), order forfeiture of any vessel, structure, equipment or thing in connection to the offence committed.
18. Fishing contrary to this Act
(1) Any person who carries out fishing activities in the Exclusive Economic Zone contrary to this Act or regulations made under this Act, commits an offence and upon conviction is liable to a fine of not less than one billion shillings or to imprisonment for a term of not less than twenty years or to both that fine and imprisonment and in addition to the fine and imprisonment, the Court may order forfeiture of the vessel, structure, equipment or thing in connection to the offence committed.
(2) Without prejudice to any other written law, where a person admits in writing, commission of the offence under subsection (1), the Authority may compound the offence by accepting a sum of money not exceeding the minimum fine specified for the offence and may subsequently order the release of any vessel or property seized in connection with the offence.
(3) The sums of money received under this section shall be remitted to the Treasury.
Any person who–
(a) assaults, resists, obstructs or intimidates an authorised officer or any person assisting him in execution of his duty under this act or under the Territorial Sea and Exclusive Economic Zone Act *;
(b) uses indecent, abusive or insulting language to an authorised officer in the execution of his duty;
(c) interferes with or hinders an authorised officer in the execution of his duty;
(d) by any gratuity, bribe, promise or other inducement prevents an authorised officer from carrying out his duty;
(e) contravenes any provisions of this Act for which no penalty is provided in the regulation,
commits an offence and is, upon conviction, liable to a fine of not less than one million shillings or to imprisonment for a term of not exceeding two years, or to both that fine and imprisonment and, in addition, the Court may order the forfeiture of any vessel, structure, equipment device or thing in connection with which the offence was committed.
PART VI
MISCELLANEOUS PROVISIONS (ss 20-23)
20. Authority to hold consultations
The Authority shall, in the performance of its functions, hold consultations with the ministries responsible for fisheries in Tanzania Mainland and Tanzania Zanzibar.
The Authority in performing its functions under this Act may establish and maintain a system of collaboration, affiliation, consultation and co-operation with the Navy, KMKM, Marine Police, Treasury, Planning Commission, Customs, Research Institutions like the Tanzania Fisheries Research Institute, Institute of Marine Science of Zanzibar, the Commission for Science and Technology and any other person or body of persons established by or under any written law and having functions related to those of the Authority.
Any person aggrieved by any decision, order, or any term or condition in the licence issued under this Act, may appeal against that decision, order, or term or condition of licence to the Minister.
(1) The Minister may, after consultation with the minister responsible for fisheries in Zanzibar, make regulations for carrying into effect the provisions of this Act and in particular in respect of–
(a) the management of resources in the Exclusive Economic Zone of the United Republic;
(b) conditions and terms upon which any specified facilities or services within the scope of the functions of the Authority may be provided to persons;
(c) fixing the fees, rates and other charges for or in connection with fishing licences or any other matter or service provided by the Authority;
(d) the proper management control and administration of the Authority;
(e) the regulation of discipline amongst staff of the Authority and disciplinary proceeding against them;
(f) for any matter relating to the safety and protection of the marine environment and pollution;
(g) prescribing fees for lodging appeals, the manner of appeals and time within which an appeal may be instituted; and
(h) for any matter which may be prescribed under this Act.
(2) Regulations made under this Act shall be published in the Gazette. {/mprestriction}