CHAPTER 279
FISHERIES ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    ORDERS

        The Fisheries (Controlled Areas) Order

    REGULATIONS

        The Fisheries (Marine Reserves) Regulations

        The Fisheries (Restriction on Trawling in Lake Victoria) Regulations

        The Fisheries (Inland Waters) Regulations

        The Fisheries (Prohibition of Use of Specified Vessels or Tools) Regulations

        The Fisheries Regulations

        The Fish (Quality Control and Standards) Regulations

ORDERS

THE FISHERIES (CONTROLLED AREAS) ORDER

(Section 5)

G.N. No. 156 of 1973

    1. The Order may be cited as the Fisheries (Controlled Areas) Order.

    2. The entire coastline of Tanzania from Vanga on the Kenya Border and all the territorial waters of the Indian Ocean; the Tanzania waters of Lake Victoria; Lake Tanganyika and Lake Nyasa; Lake Rukwa; Lake Kitangiri; Lake Singida; Lake Kindai; Lake Babati; Lake Manyara and Nyumba ya Mungu Dam are hereby declared to be controlled areas for the purposes of the Fisheries Act *.

REGULATIONS

THE FISHERIES (MARINE RESERVES) REGULATIONS

(Section 7(2))

G.Ns. Nos.
137 of 1975
150 of 1975

1.    Citation

    These Regulations may be cited as the Fisheries (Marine Reserves) Regulations.

2.    Declaration of Marine Reserve

    The areas described in the Schedule to these Regulations are already declared to be Marine Reserves.

3.    Fishing in Marine Reserve

    No person unless specifically authorised by the Director of fisheries shall fish in a Marine Reserve.

4.    Control of entry

    No person shall enter or reside in a Marine Reserve without the consent in writing of the Director of fisheries:

    Provided that this regulation shall not apply in relation to–

    (a)    a public officer on duty within the Marine Reserve or a member of his family including a domestic employee;

    (b)    a person who ordinarily resides at any place within the boundaries of a Marine Reserve;

    (c)    any person engaged in any work being lawfully carried out within the boundaries of a Marine Reserve;

    (d)    any person who is a bona fide visitor or tourist.

5.    Preservation of Marine Reserve

    (1) No person shall collect any fish or other marine organisms within a Marine Reserve.

    (2) No person shall cut, carve, injure, mutilate, remove, displace or break off any undergrowth or formation or other flora within a Marine Reserve.

    (3) No person shall dig any hole within a Marine Reserve or in any other way damage or impair any natural habitat or underwater scene within a Marine Reserve.

    (4) No person shall swim, wade, dive or use any diving equipment within a Marine Reserve except for any purpose connected with scientific study or if specifically otherwise authorised by the Director of fisheries.

6.    Prohibition of vandalism

    No person shall destroy, mark, deface, displace, remove or tamper with any sign, notice, float or placard within the boundaries of a Marine Reserve.

7.    Control of marine operation

    No person shall, within the boundaries of a Marine Reserve, carry on or permit or cause to be carried on any operation involving dredging, excavating, drilling or filing of any kind or use or permit or cause to be used any equipment, machinery or equipment normally used for dredging, drilling or excavating or deposit, construct or install any such machinery or equipment.

8.    Handling of boats in the Marine Reserve

    No person shall, within a Marine Reserve, operate, anchor, cast or drag any vessel, water craft, mooring device, in such manner as would likely strike, injure or otherwise cause damage to any marine life or underwater feature.

9.    Use and possession of fishing equipment prohibited

    No person shall, within a Marine Reserve, use or have in his possession any type of fishing equipment save with the permission in writing of a Fisheries Officer in charge of such Reserve.

10.    Offences

    Any person who contravenes any provision of these Regulations commits of an offence and shall be liable on conviction to a fine not exceeding twenty thousand shillings or imprisonment for a term not exceeding five years.

SCHEDULE
MARINE RESERVES

1.    Fungu Yasini Marine Reserve:

    All that area consisting of land and ocean waters centred at Latitude 06 degrees 36 feet 00 seconds South and Longitude 39 degrees 14 feet 30 seconds East and extending to depth of 5 fathoms below the mean low tide mark from the centre point described above.

2.    Mbudya Island Marine Reserve:

    All that area consisting of land and ocean waters centred at Latitude 06 degrees 39 feet 30 seconds South and Longitude 39 degrees 15 feet 00 seconds East and extending to a depth of 5 fathoms below the mean low tide mark in all direction from the centre point described above.

3.    Bongoyo Island Marine Reserve:

    All that land and ocean waters centred at Latitude 6 degrees 43 feet 12 seconds South and Longitude 38 degrees 16 feet 00 seconds extending to a depth of 5 fathoms below the mean low tide mark in all directions from the centre point described above.

4.    Pangavini Island Marine Reserve:

    All that area consisting of land ocean waters centred at Latitude 6 degrees 40 feet South 42 seconds South and Longitude 38 degrees 14 feet 12 seconds East and extending to a depth of 5 fathoms below the mean low tide mark from the centreed point described above.

5.    Chale Bay Marine Reserve:

    (a) All that area consisting of land and ocean waters bounded by a line commencing at the southern most tip of Miewi Island which bears North 08 degrees 00 feet 00 seconds West and which extends to the Mainland of Mafia Island; thence along the mean high tide line to the nearest point at the outer fringing reef to the -5 fathom contour (Mean Low Water) and thence in a southerly direction generally parallel to the western shore of Miewi Island at the -5 Fathoms contour (Mean Low Water) to the point of origin at the southernmost tip of Miewi Island.

    (b) All that area consisting of land and ocean waters bounded by a line commencing at the northernmost tip of Chole Island extending toward the southernmost tip of Miewi Island to its point of intersection with a line commencing at the northernmost tip of Juani Island which bears north 50 degrees 00 feet 00 seconds west; thence along this line to the northernmost tip of Juani Island and thence in a southerly direction along the mean high tide line of land on Juani Island to the point of origin on Chole Island and thence along this line to the point of origin on Chole Island.

6.    Tutia Island Marine Reserve:

    All that area consisting of land and ocean waters centred at Latitude 8 degrees 07 feet 30 seconds South and Longitude 39 degrees 39 feet 30 seconds East and extending to a depth of 5 fathoms below the mean low mark in all directions commencing from the centre point described above.

7.    Maziwi Island Marine Reserve:

    All that land and ocean waters centred to the north and south by 5 degrees 29 feet 48 seconds East and 5 degrees 31 feet 00 seconds East and extending to a depth of 5 fathoms below the mean low mark in all directions commencing from the centre point described above.

THE FISHERIES (RESTRICTION ON TRAWLING IN LAKE VICTORIA) REGULATIONS

(Section 7(2))

G.N. No. 139 of 1975

    1. These Regulation may be cited as the Fisheries (Restriction on Trawling in Lake Victoria) Regulations.

    2. No person shall, save with the consent in writing of the Director, carry out any fishing activity by use of trawl or otherwise engage in trawling in Lake Victoria –

    (a)    in waters of depth of 20 metres or less;

    (b)    in any bay, full or inlet of the lake.

THE FISHERIES (INLAND WATERS) REGULATIONS

(Section 7)

[22nd January, 1982]

G.Ns. Nos.
5 of 1982
189 of 1997
624 of 1998

    1. These Regulations may be cited as the Fisheries (Inland Waters) Regulations, and shall be read as one with the Fisheries (General) Regulations.

    * 2. In these Regulations, unless the context requires otherwise–

    "closed period" in relation to major lakes and Lake Rukwa means the period between the 1st January and 30th June both inclusive and the Director may provide by writing a closed period for any of the minor waters;

    "fish breeding area" means an area where fish prepare nests, lay eggs and care for them until they hatch and includes any area where fry and juveniles feed and grow and also includes the pathway for anadromous fsh species;

    "katuli" in relation to minor waters means splashing and disturbing water for the purpose of chasing fish in the direction of set gill-nets;

    "landing station" means specified centres by a Fisheries Officer along the beach where fisherman dispose their catch;

    "major lakes" includes Lake Victoria, Lake Tanganyika and Lake Nyasa;

    "mark buoy" means any fixed object for the identification of boundaries of closed areas;

    "minor waters" include lakes other than major lakes, rivers, natural swamps, dams and ponds;

    "open period" in relation to major lakes and Lake Rukwa means the period between 1st of July and 31st December, both inclusive, and the Director may provide in writing for an open period for any of the minor waters;

    "river" means a water courseway flowing into major lakes or minor waters;

    "river mouth" means a point where a river empties its water into a major lake or minor water.

    * 3. No person shall fish in the areas specified in the First Schedule to these Regulations during the closed period except–

    (a)    by using handlines with hooks of size 8, 9, 10 or 11, or scoopnets in the rivers;

    (b)    in the case of dagaa fishery in lakes and for the use of gears and nets of mesh size of not less than 5 inches (127mm) but without using a fishing vessel.

    4. No person shall use nets and gears with mesh-sizes of less than 2½ inches (64mm) for the purpose of fishing in the rivers and river mouth areas and bays specified in the Schedule to these Regulations during open period.

    5. No person shall use "katuli" for the purpose of fishing.

    * 6. (1) No person shall use nets and gears of mesh-sizes of less than 5 inches (127mm) for the purpose of fishing in minor waters specified in the Second Schedule to these Regulations.

    (2) No person shall use nets and gears of mesh-sizes of less than 2½ inches (64mm) for the purpose of fishing in any minor waters other than minor waters specified in the Second Schedule to these Regulations.

    7. No person shall land his catch in areas other than landing stations.

    * 8. No person shall touch, remove, destroy or in any way tamper with a mark-bouy put to demarcate a fish breeding area.

    * 9. (1) Any person who contravenes any of the provisions of these Regulations, commits an offence and upon conviction shall be liable–

    (a)    in the case of a first offence, to a fine of not less than three hundred thousand shillings or to a term of imprisonment of not less than three years or to both that fine and imprisonment; and

    (b)    in the case of a second or subsequent offence, to a fine of not less than five hundred thousand shillings or to a term of imprisonment of not less than five years or to both that fine and imprisonment.

    (2) Where the Court convicts any person of an offence committed in contravention of these Regulations, that Court shall order the vessel and fishing gear to be forfeited to the Government.

FIRST SCHEDULE

A. - LAKE VICTORIA

    1.    River Kagera.

    2.    Duwafu Bay.

    3.    Mwiga Bay.

    4.    Ruiga Bay.

    5.    Chato Bay.

    6.    Bukome Bay.

    7.    Butundwe Bay.

    8.    Nugwe Bay.

    9.    Njera Bay.

    10.    Luchiri Bay.

    11.    Smith Sound.

    12.    Stuhlmann Sound.

    13.    Magu Bay.

    14.    Area between River Nyatwari and Tairo.

    15.    Barman Gulf.

    16.    Majita Bay.

    17.    Suguti Bay.

    18.    Mgango Bay.

    19.    Mara Bay.

    20.    Mugabia Bay.

    21.    Mori Bay.

    22.    Ifuma Bay.

    23.    Bujura Bay.

    24.    Muhoro Bay.

B. - LAKE NYASA

    1.    Ruhuhu - 800m on each side of the River mouth and 1,000m towards the Lake.

    2.    Lung'umba - 200m on each side of the river, and 400m towards the Lake.

    3.    Liweta - 200m on each side of the river, and 400m towards the Lake.

    4.    Ngano - 100m on each side of the river and 200m towards the Lake.

    5.    Mnyamani - 300m on each side of the river and 400m towards the Lake.

    6.    Chipindi - 200m on each side of the river and 400m towards the Lake.

    7.    Ndumbi - 200m on each side of the river, and 400m towards the Lake.

    8.    Yola - 200m on each side of the river and 400m towards the Lake.

    9.    Yungu - 200m on each side of the river, and 400m towards the Lake.

    10.    Bwawa - 300m on each side of the river, and 500m towards the Lake.

    11.    Lwika - 300m on each side of the river, and 500m towards the Lake.

    12.    Mtandachi - 100m on each side of the river, and 200m towards the Lake.

    13.    Ruhekoi - 400m on each side of the river, and 600m towards the Lake.

    14.    Mtimbe - 50m on each side of the river, and 100m towards the Lake.

    15.    Chimati - 100m on each side of the river, and 500m towards the Lake.

    16.    Chiwindi - 200m on each side of the river, and 400m towards the Lake.

    17.    Mnyanga - 200m on each side of the river, and 400m towards the Lake.

    18.    Nyamashela - 200m on each side of the river, and 400m towards the Lake.

    19.    Mchuchuma - 100m on each side of the river, and 200m towards the Lake.

    20.    Ukenju - 50m on each side of the river, and 100m towards the Lake.

    21.    Lukuyusi - 50m on each side of the river, and 100m towards the Lake.

    22.    Rika - 50m on each side of the river, and 100m towards the Lake.

    23.    Lwawaje - 50m on each side of the river, and 100m towards the Lake.

    24.    Kwakwawa - 50m on each side of the river, and 100m towards the Lake.

    25.    Piligogo - 50m on each side of the river, and 100m towards the Lake.

    26.    Ngasi - 50m on each side of the river, and 100m towards the Lake.

    27.    Lifwito - 50m on each side of the river, and 100m towards the Lake.

    28.    Kilondo - 100m on each side of the river, and 200m towards the Lake.

    29.    Lumbila - 100m on each side of the river, and 200m towards the Lake.

    30.    Nguina - 50m on each side of the river, and 100m towards the Lake.

    31.    Songwe - 300m on each side of the river, and 500m towards the Lake.

    32.    Msosi - 50m on each side of the river, and 100m towards the Lake.

    33.    Kiwira - 300m on each side of the river, and 500m towards the Lake.

    34.    Mbasi - 100m on each side of the river, and 200m towards the Lake.

    35.    Mbaka - 200m on each side of the river, and 400m towards the Lake.

    36.    Rufilye - 200m on each side of the river, and 400m towards the Lake.

C. - LAKE RUKWA

    For each of the Rivers below, controlled areas shall be 200 metres on each side of the river mouth and 500 metres towards the Lake:

SECOND SCHEDULE

    Specified Minor Waters:

THE FISHERIES (PROHIBITION OF USE OF SPECIFIED VESSELS OR TOOLS) REGULATIONS

(Section 7)

[1st March, 1994]

G.Ns. Nos.
370 of 1994
189 of 1997

    1. These Regulations may be cited as the Fisheries (Prohibition of Use of Specified Vessels or Tools) Regulations.

    2. With effect from the first day of March, 1994 no person shall, except as provided under paragraph 3 of these Regulations–

    (a)    use or cause to be used for fishing in Lake Victoria any of the vessels or tools specified in Schedule I to these Regulations; or

    (b)    use or cause to be used for fishing in Indian Ocean (Tanzania Territorial Waters) any of the vessels or tools specified in Schedule II of these Regulations.

    3. Any person who until the first day of March, 1994 was using for fishing, any trawler in Lake Victoria or in the Indian Ocean (Tanzania Territorial Waters) shall, effective from the first day of January, 1996 have ceased to use that vessel for fishing.

    4. These Regulations shall not apply to a Fisheries Research vessel to which a licence has been issued under regulations of the Fisheries Regulations *.

SCHEDULE I

(Paragraph 2(a))

SCHEDULE II

(Paragraph 2(b))

THE FISHERIES REGULATIONS

TABLE OF CONTENTS

    Regulation

Title

PART I
PRELIMINARY PROVISIONS

    1.    Citation.

    2.    Interpretation.

PART II
REGISTRATION OF FISHING VESSELS

    3.    Application.

    4.    Authorised officer.

    5.    Application.

    6.    Registration fees.

    7.    Transfer of ownership.

    8.    Amendment of register.

    9.    Central registry of fishing vessels.

    10.    Copy of entries to be supplied.

PART III
LICENSING OF FISHING VESSELS FISHERMEN AND FISH DEALERS

A: LICENSING OF FISHING VESSELS

    11.    Classes of fishing vessels and issue of licences.

    12.    Fishing vessels to be kept in seaworthy condition.

B: LICENSING OF FISHERMEN AND FISH DEALERS

    13.    No person to engage in certain types to fishing or export of fish or fish products unless licensed.

C: GENERAL PROVISIONS RELATING TO LICENCES

    14.    Register of licences.

    15.    Power to refuse or suspend a licence.

    16.    Power to cancel or revoke a licence or permit.

    17.    Duration of licences.

    18.    Power of the Director of Fisheries to attach conditions.

    19.    Director may call for records and returns.

    20.    Special licences.

    21.    Replacement of a lost licence.

    22.    Appeal to Minister.

PART IV
GENERAL PROVISIONS RELATING TO PROHIBITIONS, RESTRICTIONS
AND EXEMPTIONS

    23.    Restriction on import and export of fish and introduction of new species.

    24.    Control of disease in fish.

    25.    Offence to posses or use dynamite, explosives or electric devices.

    26.    Prohibition of use of poison.

    27.    Water pollution prohibited.

    28.    Prohibition of disturbance of spawn.

    29.    Exemption from certain prohibition.

    30.    Restriction on entry of foreign fishing vessels in territorial water.

    31.    Restriction of fishing in territorial waters.

    32.    Prohibition of exposing fishing gear in territorial waters.

    33.    Prohibition of transporting fish into territorial waters.

    34.    Restriction on possession of fish in prohibited place.

    35.    Fishing gear not to obstruct navigation.

    36.    Fishing gear not to be damaged.

    37.    Stakes, weirs, etc., to be removed.

    38.    Main channel not to be obstructed.

    39.    Nets or fishing gear not to obstruct the passage for fish.

    40.    Prohibition on certain sizes of seine and other types of nets, etc.

    41.    Exemptions relating to methods of fishing.

PART V
OFFENCES AND PENALTIES

    42.    Offences.

    43.    Penalty for offences.

    44.    Offences committed under Regulations.

    45.    [Revocation.]

SCHEDULES

THE FISHERIES REGULATIONS

(Section 7)

G.Ns. Nos.
317 of 1989
362 of 1991
417 of 1992
189 of 1993
369 of 1994
189 of 1997
624 of 1998
223 of 2000

PART I
PRELIMINARY PROVISIONS (regs 1-2)

1.    Citation

    These Regulations may be cited as the Fisheries Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires:

    "Act" means the Fisheries Act *;

    "approval number" means an identification mark consisting of letter(s) followed by the three or more figures allocated to a fish processing establishment, by the Director of Fisheries or any other competent authority;

    "aquaculture products" means all fishery aquatic products born and raised in controlled conditions until placed on the market as food stuff or for any other utilization. However, sea water or freshwater fish and aquatic flora of commercial size caught in their natural environment and kept alive to be sold at a later date are not considered to be aquaculture products if they are merely kept alive without any attempt being made to increase their growth performance;

    "beach seine" means a fishing net designed to hang vertically in the water, the ends being drawn together to the beach while the foot rope drags through the fishing ground;

    "bêche de mer" means echinoderms of class Holothuroides;

    "citizen" means a citizen of United Republic of Tanzania as stipulated in the Tanzania Citizenship Act *;

    "coral" means a living or dead calcareous skeleton secreted by polyploid coelenterates of class Anthorozoa;

    "Director of Fisheries" means the person for the time being exercising the power conferred by or under the Act upon the Officer appointed under Part II of the Act;

    "dynamited fish" means fish with either one or all of the following characteristics:

    limp body which when pressed leaves a depressed mark, ruptured blood vessels in the gills and in the eyes, disintegrated alimentary canal,

and evidence on "dynamited fish" when given by a licensing authority in the prescribed Form 8 shall be accepted by any court as true evidence without doubt;

    "estuary" means a stream, a river, inlet, rivulet or water cause way flowing into the sea or major lake;

    "export" means to take away any fishery product from Tanzania to any place outside the country;

    "explosive" means a dynamite or bomb; or any blasting agent, detonators or any material used in the manufacture of explosives;

    "fish dealer" means any person other than a fishermen who sells, barters or offers for sale any fish or fish products, and includes every person or body of persons whether corporate or incorporate, engaged in the buying, bartering, exposing for sale, preparing, processing, packing or storing, landing or trans-shipping, any fish or fish products, but does not include a hotel, restaurant, cafeteria or other similar establishment which the Minister may declare not to be a fish dealer for the purposes of these Regulations;

    "fish net or seine net locally known as Juya la Kojani or Kavogo" means a net with mesh sizes below 76 mm (3 inches) which are uniform from wing to code-end and while in use its foot rope drags through the fishing ground while the ends are being drawn together;

    "fish processing establishment" means any premise or vessel where fishery products are prepared, processed, chilled, frozen, packed or stored, except that auction and wholesale market in which only display and sale by wholesale takes place are not deemed to be a fish processing establishment;

    "fishermen" means any persons engaged in fishing;

    "fishery" includes every area, locality or place or stations in or which fishing gear is used, set, placed or located and also the area, tract or stretch of water in or from which fish may be taken by such fishing gear;

    "foreign fishing vessel" means any fishing vessel which is not a Tanzania fishing vessel;

    "freshwater game fish" means trout (Salmonidae family), Black bass (Centrarchidae family) and includes the young and the eggs thereof;

    "Government fishing vessel" means any fishing vessel belonging to or in the service of the United Republic of Tanzania;

    "length" means–

    (a)    in relation to a fishing vessel the overall length of the vessel from forward part of the stem to the side or rim timbers;

    (b)    in relation to a lobster, the distance from the head carapace to the end the body shell (abdominal length) measured along a line parallel to the centre line of body shell;

    "licensing authority" means every officer authorised under the Act or Regulation 4 to exercise any power or to discharge any duty under these Regulations relating to registration of fishing vessels, licensing of fishing vessels, fishermen and fish dealers and general enforcement of these Regulations;

    "mollusc" means a large phylum of invertebrates without segments or limbs, usually having a mantle or folds of skin that secretes a shell, members of the phylum include lamellibrachs, gastropods, cepholopods and scaphopods;

    "owner" as applied to registered fishing vessel or gear, means the registered owner, and as applied to any other vessel or gear means the actual owner;

    "oyster" means any mollusc of any species of genus Ostrea;

    "poison" means natural or synthetic chemicals used to kill fish;

    "processing" means cleaning, filleting, icing, packing canning, freezing, smoking, salting, drying or otherwise preparing of fish or fish products for marketing;

    "registered tonnage" in relating to a vessel means the tonnage appearing on her certificate of registry;

    "sea fishery" means the fisheries of the waters which are to the seaward of the mean high water mark;

    "shell" means the hard protective cover of a mollusc;

    "sport fishing" means fishing for sport or pleasure and not for profits;

    "Tanzania fishing vessel or local vessel" means a fishing vessel registered or licensed under these Regulations which is owned wholly by one or more persons each of whom is a citizen of the United Republic, or by a body corporate or incorporate under and subject to the laws of the United Republic and has its principal place of business in the United Republic, and also includes a Government fishing vessel;

    "trout stream" means any stream which contains trout or any other freshwater game fish;

    "water pollution" means the introduction by man directly or indirectly of substances or energy into sea water or freshwater including estuaries which results into or is likely to result in such deleterious effects as harmful to fish and other living organisms, hazard to human health, hindrance to marine activities, including fishing, impairment of quality for the use of sea or freshwater and reduction of amenities.

PART II
REGISTRATION OF FISHING VESSELS (regs 3-10)

3.    Application

    (1) Every fishing vessel to which the provision of this Part apply shall be registered in accordance with and subject to the provisions of the Act and these Regulations.

    (2) This Part shall apply to all fishing vessels, Government fishing vessels and to all persons:

    Provided that the Director of Fisheries may direct either general or in any particular case that in their application to Government fishing vessels and to persons in the service of the Government, all or any of the provisions of this Part shall be limited, modified, varied or excluded to such extent in such manner as the Director of Fisheries may specify.

    (3) No person shall use for fishing purposes any fishing vessel which is required to be registered under these Regulations unless such a vessel has been duly registered.

    (4) No person shall employ, cause, or permit any other person to use a fishing vessel which such first mentioned person is prohibited from using by the provisions of paragraph (3) of these Regulations.

4.    Authorised officer

    (1) Every officer in the Fisheries Division of the rank of a Director, Assistant Director, an officer of the rank above the Assistant Fisheries Officer grade IV, Fisheries Officer grade III, Fish Technologist grade IV, Skipper grade IV, Marine Engineer grade IV or any other person appointed in writing by the Director of Fisheries, shall be an authorised officer for the purpose of enforcing the provisions of the Fisheries Act *, and regulations made under it.

    (2) The Director of Fisheries may appoint in writing such number of persons from among the authorised officers, to be licensing authorities.

    (3) Every licensing authority shall keep a register of all fishing vessels.

    (4) The Register of all fishing vessels shall be kept in such form as to show the particulars set out in the appropriate application form prescribed in the First Schedule.

5.    Application

    Every person who applies to register a fishing vessel shall lodge with the licensing authority an application in duplicate duly completed in the appropriate Forms 1(a), 1(b) and 1(c) prescribed in the First Schedule of these Regulations.

6.    Registration fees

    (1) On receipt of an application and a fee prescribed in the Third Schedule of these Regulations the licensing authority may, subject to these regulations, register the vessel and shall issue a certificate of registration in the appropriate Form 2 prescribed in the First Schedule of these Regulations.

    (2) Every licensing authority shall assign to every fishing vessel registered with him an identification mark, consisting of a letter or letters representing the licensing authority with whom it is registered, and a number.

    (3) The identification mark to be assigned by a licensing authority shall conform as to lettering, numbering and otherwise with the particulars set out in the Second Schedule to these Regulations.

    (4) Every fishing vessel registered under the provisions of these Regulations shall be marked permanently and conspicuously to the satisfaction of the licensing authority as follows–

    (a)    her name (if any) and an identification mark shall be marked on each of her bows upon a plain background or distinct contrast thereto, that is to say shall be in dark characters on a light background or light characters on a dark background;

    (b)    each letter and figure thereof shall be not less than 25cm high and the contours shall be not less than 4cm broad.

    (5) No identification mark other than those prescribed shall be marked on any registered fishing vessel.

7.    Transfer of ownership

    (1) On transfer of ownership of any vessel which has been registered in pursuance of these Regulations the transferor shall hand the certificate of Registration relating to such a vessel to the person acquiring the vessel and shall within thirty days of the date of transfer, notify in writing the licensing authority with whom the vessel is registered, the name and residential address of the transferee and the date of the transfer.

    (2) If the person to whom the ownership of any registered vessel is transferred intends to use it as a fishing vessel, such person shall, within thirty days of the day of transfer, forward the certificate of registration relating to such a vessel to the licensing authority with whom the vessel is registered and shall lodge an application in accordance with Regulation 5, in so far as it is appropriate, for the transfer of registration to his name.

    (3) On receipt of the certificate and the application referred to in paragraph (2) of this Regulation together with the prescribed fee as specified in the Third Schedule to these Regulations the licensing authority shall transfer the registration to the name of the person specified as the transferee, forthwith cancel the original certificate and shall issue a fresh certificate on which he shall enter the personal particulars required to be shown on the certificate of registration relating to the vessel.

    (4)     If the person to whom the ownership of any registered vessel is transferred does not intend to use it as a fishing vessel, such person shall forthwith upon such transfer forward for cancellation the certificate of registration relating to such vessel to the licensing authority with whom the vessel is registered and shall also in all other respects comply with the provisions of Regulation 9 and that Regulation shall apply accordingly.

8.    Amendment of register

    If any circumstances (other than a change of ownership) occurs in relation to any registered fishing vessel, which affects the accuracy of any particulars entered as respects that vessel in the register, the owner of the vessel shall forthwith inform the licensing authority with whom it has been registered, and the licensing authority shall upon non payment fee, cause the register to be amended accordingly.

9.    Central registry of fishing vessels

    (1) There shall be established a central registry of fishing vessels registered under these Regulations.

    (2) The Director of Fisheries shall appoint any of the licensing authority to be the Central Registrar of fishing vessels.

10.    Copy of entries to be supplied

    (1) Every licensing authority shall supply without delay to the Central Registrar a copy of every entry made in his register and shall upon application being made to him by any other licensing authority under these Regulations or by any public officer, forthwith provide without fees a copy of the entries in his register relating to any specified fishing vessel.

Central Registry inspection fees

    (2) Any member of the public, on showing reasonable cause may, on payment of prescribed fee of thirty shillings, inspect the Central Registry and such licensing authority or Central Registrar shall supply to any person applying for a copy of those entries relating to any specified vessel, a copy of those entries on payment of the prescribed fee of thirty shillings, if such a person shows he has a reasonable cause for requiring such a copy.

    (3) Any Government Officer may, in his official capacity, without fee, at all reasonable times inspect the register and take copies of any entries in it.

    (4) The Central Registrar shall file and keep all copies of such entries of application of licences furnished in pursuance of these Regulations, and shall on request by a licensing authority, or public officer supply such particulars in relation thereto as may be required.

    (5) In any cause or matter relating to a fishing vessel or licence or permit produced by the Central Registrar or other officer deputed by him shall be prima facie evidence of any matter, fact or thing stated or appearing thereon.

PART III
LICENSING OF FISHING VESSELS FISHERMEN AND FISH DEALERS (regs 11-22)

A: LICENSING OF FISHING VESSELS (regs 11-12)

11.    Classes of fishing vessels and issue of licences

    (1) Fishing vessels shall be classified for licensing purposes in classes enumerated in Part A of the Third Schedule of these Regulations and fees payable for such licences shall be those stated in Part A of the Third Schedule against each class and upon payment of the said fee and subject to compliance with the provisions of the Act and of these Regulations licensing authorities may issue licences which shall be in the appropriate Form 4 prescribed in the First Schedule of these Regulations.

    (2) Any fishing vessel with an overall length of above 11.0 metres or 20 gross registered tonnage, shall be licensed after a written approval of the Director of Fisheries.

    (3) No person shall use for fishing or cause another person to use a fishing trawler whose overall length is below 11.0 metres or below 20 gross registered tonnage.

    (4) Any fishing vessel brought into the country whether owned by a citizen or a non-citizen shall be registered under these Regulations and have licences under non-citizen conditions until such a time the vessel has been properly imported into the country and registered under the Merchant Shipping Act *.

    (5) All Government and public corporations owned vessels are exempted from the provisions of subregulation (2).

    (6) No person shall use for fishing purposes any vessel of a class specified in Part A of the Third Schedule of these Regulations, unless he has a valid licence in respect of such vessel issued in accordance with these Regulations.

    (7) No person shall employ, cause or permit any other person to use a vessel which such first mentioned person is prohibited from using by the provisions of subregulation (4).

    (8) Application for fishing vessel licences shall be made in the appropriate Form 3 prescribed in the First Schedule of these Regulations.

    (9) Licences permitting the use of a vessel for fishing purposes shall be in the appropriate Form 4 prescribed in the First Schedule of these Regulations.

    (10) For purposes of ascertaining whether or not a vessel complies with the provisions of the Act or of these Regulations, a licensing authority may direct that before any vessel is licensed under this part of these Regulations, the owner or the person applying for licences shall produce the vessel for inspection to the licensing authority.

    (11) The inspection report of a fishing vessel or a fish processing establishment shall be submitted in writing in Forms 1(b) and 1(c) respectively as prescribed in the First Schedule.

12.    Fishing vessels to be kept in seaworthy condition

    (1) No fishing vessel licensed under these Regulations shall proceed on a fishing voyage unless it is seaworthy and there is placed on the vessel–

    (a)    sufficient quantity of food and number of utensils for holding water and food; and

    (b)    a serviceable horn or trumpet;

    (c)    at least two life rings and one life jacket for each crew member.

    (2) Where any licensing authority, upon inspection of any licensed fishing vessel which is being prepared to proceed on a fishing voyage, considers that the vessel is unseaworthy or unfit to proceed to the sea or to make a fishing voyage, that the food or water for the use of the crew are of bad quality, he may detain the vessel until he is satisfied that she is a safe vessel or that proper food or water are provided in lieu of those which have been condemned.

    (3) Where any vessel is detained under paragraph (2) a licensing authority may, before releasing her require the owner or master to rectify any defects found to exist.

    (4) Any person who contravenes the provisions of subregulation (1) or fails or refuses to comply with any requirements under subregulation (3) of this regulation commits an offence.

B: LICENSING OF FISHERMEN AND FISH DEALERS (reg 13)

13.    No person to engage in certain types to fishing or export of fish or fish products unless licensed

    (1) No person shall engage in fishing, collecting or export of any of the fish or fish products enumerated in Part B of the Third Schedule of these Regulations unless he is the holder of a valid licence permitting him to engage in fishing or collecting or export of the type of fish products specified on the licence.

    (2) No person shall employ, cause or permit any other person to engage in fishing, collecting or export of any type of fish or fish product which such first mentioned person is prohibited from fishing, collecting or export by the provisions of subregulation (1) of this Regulation.

    (3) The fees stated against each type of fish or fish product specified in Part B of the Third Schedule of these Regulations shall be payable to licences for fishing, collecting or export to these types of fish products.

    (4) Application for licences under this Regulation shall be in the appropriate Forms 5(a), 5(b) and 5(c) prescribed in the First Schedule of these Regulations.

    (5) Application for a prawn fishing licence shall be made in Form 5(c).

    (6) Licences under this Regulation shall be in the appropriate Form 6 prescribed in the First Schedule of these Regulations.

    (7) On receipt of an application and the prescribed fee, a licensing authority may, subject to the provisions of the Act and of these Regulations issue a licence in the prescribed Form 6 of these Regulations.

    (8) No person shall by way of trade, buy, sell or otherwise deal in ordinary fish unless a valid licence is issued to him under Business Licensing Act *, or he is exempted from such a licence in respect of his trade in fish or fish products under these Regulations.

    (9) Fees for the licences and export royalties are shown in Part C of the Third Schedule of these Regulations and the exempted group included fishermen with valid special licences issued by the Director of Fisheries under Regulation 21 of these Regulations, who may sell or otherwise deal in fish or fish products throughout the country in tea rooms, restaurants, hotels, shops and at fish receiving stations.

    (10) Fish hawking is prohibited and instead all hawkers should sell their fish or fish products in fish markets or other prescribed places and shall have valid licences issued under the Business Licensing Act *.

    (11) No person other than licensed fishermen or fish dealers shall possess fish or fish products without a ship certificate of ownership.

    (12) No person shall fish, kill sea turtle, possess turtle shell or deal in turtle shell or any other species classified as endangered inhibited any International Convention which Tanzania is a party.

C: GENERAL PROVISIONS RELATING TO LICENCES (regs 14-22)

14.    Register of licences

    Every licensing authority shall keep and maintain a register in respect of each type of licence issued under these Regulations.

15.    Power to refuse or suspend a licence

    The Director of Fisheries may in his discretion, refuse to issue a licence or may suspend any licence already issued under these Regulations for such a period as he may specify; if the licensing authority is other than the Director of Fisheries, it shall report its intentions to suspend a certain licence to the Director of Fisheries who may confirm, vary or reverse the intentions of the other licensing authority.

16.    Power to cancel or revoke a licence or permit

    The Director of Fisheries may cancel, revoke a licence or permit issued or granted under these Regulations on either of the following grounds–

    (a)    that the holder has been convicted of an offence against the Act or any Regulations made thereunder or he has violated or failed to comply with any of the conditions or restrictions attached to or imposed on the licence or permit;

    (b)    that the holder has been convicted of an offence involving dishonesty or fraud;

    (c)    that the level of exploitation of any fishery is detrimental to the resources.

17.    Duration of licences

    (1) Every licence issued under these Regulations other than–

    (a)    a sport fishing licence referred to in paragraph (2) of this Regulation;

    (b)    a special licence issued by the Director of Fisheries under Regulation 21 of these Regulations unless previously cancelled shall remain in force until 31st December next following the date of issue;

    (c)    a trawling licence for prawns or fin fish, unless previously cancelled shall remain in force until the 30th November next following the date of issue;

    (d)    fishermen or a fishing company licensed to deploy a trawler to fish prawns or fin fish shall commence fishing operations at 0600 hours and may engage in fishing until 1800 hours local time after which the trawler shall remain anchored until 0600 hours at dawn.

    (2) A Sport fishing licence may be issued for a fortnight or for one month or for one year and such licence shall unless previously cancelled continue in force–

    (a)    in case of a fortnightly licence for a period of fourteen days from the date of issue;

    (b)    in the case of a monthly licence, for a period of thirty days from the date of issue; and

    (c)    in the case of a yearly licence for a period of one year from the date of issue.

    (3)     A licence issued under these Regulations shall not be transferable.

18.    Power of the Director of Fisheries to attach conditions

    (1) The Director of Fisheries may attach to any licence issued under these Regulations any conditions which in his opinion are necessary or expedient for the carrying into effect the objectives and purposes of the Act and of these Regulations to licences so long as those conditions are not inconsistent with the provisions of the Act or Regulations made thereunder.

    (2) Without prejudice to the generality of the provisions of subregulation (1) of this regulation, the Director of Fisheries may impose conditions as to–

    (a)    the methods used in fishing and disposal of fish or particular species of fish and the use of any equipment, appliance, instrument, net, fishing gear, dams or any other means whatsoever;

    (b)    introduce closed periods for fishing, restrict fishing time, specify fishing zones for any fishery;

    (c)    regulate number of fishermen, number, size and type of fishing vessels to be engaged, type and size for fishing gear or any pieces of equipment, appliance or instrument to be employed for any purpose in relation to fishing;

    (d)    the minimum length or size of any species of fish which may be captured or killed;

    (e)    requiring any licensee to submit to the Director of Fisheries or any other licensing authority samples of fishery products for laboratory analysis before marketing;

    (f)    the manner in which any fish or species of fish or any fish products shall be graded, cured, processed, preserved, marked or marketed;

    (g)    the preparation, purchase, sales or disposal of fish or fish products including fish offals;

    (h)    the layout and construction of fish processing establishment;

    (i)    the allocation of an approval number to a fish processing establishment that conforms to layout and hygienic standards set by the Director of Fisheries.

19.    Director may call for records and returns

    (1) Every licensee shall furnish to the licensing authority such records pertaining to fish, species of fish products captured, killed, processed, preserved, packed, bought, sold, imported, exported, or otherwise acquired or disposed of as the Director of Fisheries may by general or special order direct.

    (2) Every licensee shall submit to the licensing authority such periodic returns as the Director of Fisheries may by general or special order direct.

    (3) A licensing authority may suspend a licence of any person who fails to comply with the provisions of paragraphs (1) and (2) until the required data has been duly submitted.

    (4) Where the licensing authority is a person other than a Director of Fisheries, he shall report the suspension to the Director as soon as practicable and the Director may confirm, vary or reverse the suspension made.

20.    Special licences

    (1) Notwithstanding anything contained in these Regulations, the Director of Fisheries may grant to any person, without fees, a licence to be called a Special Licence, which shall entitle the holder to engage in fishing and to do such other things as may be specified therein for any of the following purposes–

    (a)    scientific research and museums;

    (b)    complimentary purposes;

    (c)    educational purposes; and

    (d)    the supply of food in cases of emergency where no other adequate food supply is available.

    (2) A special licence may authorise fishing in any waters and fishing of any kind of species of fish provided that a special licence issued for complimentary purposes shall not authorise the fishing of any kind of fish declared to be protected under any regulations made under the Act or fishing in any marine reserves, parks or sanctuary.

    (3) A special licence shall be valid for the periods specified therein.

21.    Replacement of a lost licence

    (1) If any person to whom a licence has been issued under these Regulations satisfies the licensing authority who issued such licence that his licence or any copy of it has been lost, destroyed or defaced, the licensing authority may or, on payment by the applicant of a fee of twenty shillings issue to him a duplicate licence including any particulars endorsed or entered upon the licence lost, destroyed or defaced and the duplicate so issued shall have the same effect as the original licence.

    (2) Any licence which has been altered or added to without lawful authority or has become defaced or mutilated shall not be deemed to be a valid licence for the purposes of these Regulations.

22.    Appeal to Minister

    (1) Any person aggrieved by–

    (a)    the refusal by a licensing authority to issue a licence to him;

    (b)    the suspension or revocation of a licence; permit or authority by the Director of Fisheries;

    (c)    any conditions or restriction attached or imposed on a licence,

may within thirty days of communication to him of such refusal, suspension, revocation, condition or restriction, appeal in writing to the Minister.

    (2) A petition of appeal lodged under this Regulation may be in any form, but the appellant shall:

    (a)    prepare the petition in duplicate;

    (b)    adequately describe the matter to which the appeal relates;

    (c)    set forth concisely the grounds of objection;

    (d)    sign the petition; and

    (e)    serve the duplicate to the Director of Fisheries or as the case may be, the licensing authority whose decision is being challenged.

    (3) On receipt of the duplicate referred to in paragraph (2)(e) of this Regulation, the Director of Fisheries or the licensing authority, as the case may be, shall without delay forward to the Minister a written statement setting out such particulars relating to the subject matter of the appeal together with his own comments thereon as in his opinion are useful towards a just determination of appeal.

    (4) The decision of the Minister in any appeal shall be in writing and shall be communicated to the appellant and the Director of Fisheries or as the case may be, the licensing authority.

PART IV
GENERAL PROVISIONS RELATING TO PROHIBITIONS, RESTRICTIONS
AND EXEMPTIONS (regs 23-41)

23.    Restriction on import and export of fish and introduction of new species

    (1) No person shall without first obtaining a written permit or other authorisation from the Director of Fisheries and except in accordance with the conditions specified in the permit or other authorisation–

    (a)    import any live fish or fish products into Tanzania other than fish indigenous to Tanzania;

    (b)    introduce into any water in Tanzania blue gill sunfish (Helioperca marcochira), carp, all species of Cyprinus (including gold fish) or any species of fish not indigenous to Tanzania or the eggs thereof;

    (c)    transfer any species of fish or fish products not indigenous to Tanzania or the eggs thereof from one water to another within Tanzania; or

    (d)    export any live fish which are protected or fish products from Tanzania.

    (2) In addition to any other penalty which may be awarded against any person for contravention of subregulation (1) of this Regulation, the Director of Fisheries may order seizure or destruction of any fish or fish products in respect of which the offence has been committed.

24.    Control of disease in fish

    (1) Where in the opinion of any licensing authority any fish or fish products in any waters are infected with any epidemic disease, he may give notice in writing to the owner of the waters or of fishing rights requiring the destruction of all fish or fish products in the said waters or the taking of such other measures as the licensing authority may specify in the notice.

    (2) Every person who receives notice served upon him under, subregulation (1) of this Regulation shall comply with the requirements set out therein at his own expense, and in default of such compliance, the licensing authority may enter upon the area take or cause to be taken such measures as may be necessary for complying with the requirement of the notice and expenses incurred thereon shall be recoverable as a civil debt from the person who has been in default.

25.    Offence to posses or use dynamite, explosives or electric devices

    (1) No person shall possess or use dynamite, explosives or electric devices for the purpose of killing fish or to simplify fishing.

    (2) No person shall possess dynamited fish at sea or lake or river, or at a fish receiving station or at any other place.

    (3) Evidence on dynamited fish shall be given in a court of law by a licensing authority in Form 8 as prescribed in the Third Schedule of these Regulations.

    (4) Any person who contravenes any of the provisions of this Regulation commits an offence.

26.    Prohibition of use of poison

    (1) No person shall–

    (a)        use poison to kill or catch fish;

    (b)        possess fish killed by poison.

    (2) Any person who contravenes this regulation commits an offence.

    (3) A proof that fish have been killed by poison shall be made before a court of law by an authorised officer after performing rapid field and laboratory tests approved in writing, from time to time, by the Chief Government Chemist or any other authorised agency.

27.    Water pollution prohibited

    (1) No person shall cause or knowingly permit to flow or pass into water any solid, liquid or gaseous matter, or cause water pollution in any lake, river, dam, estuary or sea water.

    (2) The Director of Fisheries shall maintain and establish a system of consultation and co-operation with appropriate officials in the Ministry responsible for industries or any other person or body of persons established by any written law for the purpose of requiring any person or body of persons who contravenes the provisions of this Regulation to clean the polluted water within a reasonable period at his own expenses.

    (3) No person shall, as from the first day of March, 1997 possess or use or cause another person to use or possess beach seine in any lake, dam, river, estuary or reservoir.

    (4) Where the court convicts any person of an offence committed against this paragraph8 of these Regulations the Court may order that the vessel, fish and fishing gear be forfeited to the government:

    Provided that the provisions of subparagraphs (2), (3) and (4) shall not apply to a Research Institution to whom a special licence has been granted by the Director of Fisheries.

28.    Prohibition of disturbance of spawn

    (1) No person shall wilfully disturb any spawn, or spawning fish or any bed, bank or shallow water in which there is any spawn or spawning fish provided that nothing in this Regulation shall affect any legal right to take any material or water from any waters.

    (2) No person shall carry out any fishing activity using trawl net or otherwise engage in trawling in Lake Victoria–

    (a)    in waters of depth of 20 metres or less;

    (b)    in any bay, gulf or inlet of the lake.

    (3) No person shall use or cause another person to use trawl net with mesh size less than 100 mm in the cod-end in any area of Lake Victoria.

    (4) No person shall use a seine net or trawl net in an area which is 500 metres on each side of an estuary and extending seawards to a distance of 1000 metres measured from the lowest tidal level equidistant from the main channel and when regressed, to a point on the 500 metres outwards.

    (5) No person shall manufacture, import or sell a beach seine net at home, beach, shop, factory or at any other place.

    (6) Where a fishing vessel or fishing gear or fishery product is abandoned, and the authorised officer believes that any person is liable to be investigated, searched or arrested in connection with a commission of an offence under the Act, or that, that person has absconded to any place within or outside the United Republic, or has concealed himself so that he cannot be searched, arrested or otherwise investigated the authorised officer may cause investigation measures to be taken in relation to the area or premises and property previously in possession, occupation or under control of the suspect.

    (7) Where upon completion of measures taken pursuant to subregulation (5) it is found that an offence has been committed, the authorised officer shall, by notice in the Gazette, notify the public his intention to apply to a court of law for an order in relation to the property or goods involved in the commission of a crime.

    (8) Upon expiry of twenty-one days from the date of publication of a notice under subregulation (6), the authorised officer may make an application in accordance with subregulation (7).

    (9) Upon receipt of an application made pursuant to this regulation, the court shall make such order as the court shall deem proper or just.

29.    Exemption from certain prohibition

    Notwithstanding anything contained in these Regulations, a person shall not be guilty of any offence against any provisions of regulations 26, 27, 28 and 29 by reason only of any act done in exercise of any legal right, or in continuance of any process or method which he has been lawfully employing from before the commencement of these Regulations, if he proves to the satisfaction of the court that he has used all available and practicable means to render any substance, matter or thing used by him harmless to fish or to the spawning grounds, spawn or food of fish.

30.    Restriction on entry of foreign fishing vessels in territorial water

    (1) No foreign fishing vessel shall enter territorial waters for any purpose unless such entry is authorised by or under–

    (a)    the Act or Regulations made thereunder;

    (b)    any other written law; or

    (c)    any treaty or international convention to which the United Republic of Tanzania is a party.

    (2) No foreign fishing vessel shall enter the territorial waters with the intention of seeking or fishing license either by way of change of ownership or change of vessel flag without prior consent in writing by the Director of Fisheries.

31.    Restriction of fishing in territorial waters

    In the territorial waters no person on board a foreign fishing vessel, including members of her crew and persons attached to or employed on such vessel, shall–

    (a)    fish or prepare to fish; or

    (b)    unload, land or tranship any fish, outfit of supplies;

    (c)    ship or discharge any person; or

    (d)    purchase or obtain bait or any supplies or outfits; or

    (e)    take or prepare any aquatic flora, unless he is authorised to do so by the provisions or regulations made under this Act or any other written law or any treaty or International Convention to which United Republic of Tanzania is a party.

32.    Prohibition of exposing fishing gear in territorial waters

    Every foreign fishing vessel that enters the territorial waters shall fly its national flag and ensure that its registration mark is clearly visible, and it shall clear its decks of fishing gear which shall be stowed in such manner as to preclude its use.

33.    Prohibition of transporting fish into territorial waters

    No person, being on board a Tanzania fishing vessel shall bring into the territorial waters any fish or fish products received outside such waters from a foreign vessel, unless he is authorised by provisions or Regulations made under this Act.

34.    Restriction on possession of fish in prohibited place

    At any place where fishing for any type of fish is prohibited under these Regulations, no person shall have in his possession any fish or such type of fish the fishing of which is prohibited, as the case may be, or any product without lawful excuse, the proof of which shall lie upon him.

35.    Fishing gear not to obstruct navigation

    No person shall set or use seine nets, gill nets or other fishing gear in to such place or manner as obstruct navigation.

36.    Fishing gear not to be damaged

    No person shall, by conducting or navigating any boat or vessel destroy or damage any seine net, gill net or other fishing gear lawfully set.

37.    Stakes, weirs, etc., to be removed

    Every person who uses stakes, posts, buoys or other materials for the purposes of fishing shall remove the same from the waters within forty eight hours of having ceased to use them, and in all cases at the expiry of the fishing seasons.

38.    Main channel not to be obstructed

    Except where the Director of Fisheries having regard to any special circumstances by writing permits otherwise, a fishing gear shall be so set or used as to leave clear, navigational and unobstructed at least one third of the whole breadth of the river or stream, main channel at low tide or tidal stream, to which the gear is set.

39.    Nets or fishing gear not to obstruct the passage for fish

    No person shall erect, construct, use or maintain in the territorial waters any net or other fishing gear which unduly obstructs the passage of fish, and a licensing authority may order removal of or cause to be removed any such net, or other fishing gear.

40.    Prohibition on certain sizes of seine and other types of nets, etc.

    Notwithstanding anything contained in these Regulations no person shall use for use of fishing–

    (a)    monofilament nets in all fresh water fisheries;

    (b)    harpoon guns, spear guns, except where he is authorised by Regulations made under the Act.

41.    Exemptions relating to methods of fishing

    (1) Notwithstanding anything contained in these Regulations, no licence, permit or permission shall be required for fishing by means of any of the methods set out in the Fourth Schedule of these Regulations.

    (2) Where a fee has been prescribed and is chargeable in respect of any matter or thing under these Regulations, the Director of Fisheries may remit the whole or part of such fee which, but for this Regulation, would be payable by any bona fide Ujamaa Village.

PART V
OFFENCES AND PENALTIES (regs 42-45)

42.    Offences

    Any person who contravenes any of the provisions of these Regulations commits an offence.

43.    Penalty for offences

    Any person who commits an offence under these Regulations other than those with prescribed penalties shall be liable on conviction–

    (a)    in the case of a first offence, to a penalty of a fine not exceeding three hundred thousand shillings or of a term of imprisonment not exceeding two years or to both;

    (b)    in the case of a second or subsequent offence, to a penalty of a fine not exceeding five hundred thousand shillings or a term of imprisonment not exceeding five years, or to both.

44.    Offences committed under Regulations

    (1) Any person who commits an offence under Regulations 26, 27, 31, 32 and 41 shall be liable on conviction–

    (a)    in case of a first offence under Regulations 26, 27, 31, 32 and 41 a penalty of a fine of not less than three hundred thousand shillings or to a term of imprisonment of not less than three years or to both;

    (b)    in case of a second offence or subsequent offences to a penalty of a fine of not less than five hundred shillings or to a term of imprisonment of not less than four years or to both.

    (2) The court convicting a person of an offence under paragraphs (a) and (b) shall order forfeiture of such a vessel, fish or fishing gear, to the United Republic of Tanzania.

45.    Revocation

    [Revokes the Fisheries (General) Regulations *. ]

FIRST SCHEDULE
FORMS

FORM 1(a)
APPLICATION FOR REGISTRATION OF A FISHING VESSEL

THE UNITED REPUBLIC OF TANZANIA

THE FISHERIES ACT (CAP. 279)

(Regulation 5)

FORM 1(b)
INSPECTION REPORT OF A FISHING VESSEL 1

THE UNITED REPUBLIC OF TANZANIA

THE FISHERIES ACT (CAP. 279)

The Fisheries Principal Regulations

(Regulation 5)

FORM 1(c)
INSPECTION REPORT OF A FISH PROCESSING ESTABLISHMENT

THE UNITED REPUBLIC OF TANZANIA

THE FISHERIES ACT (CAP. 279)

The Fisheries Principal Regulations

(Regulation 5)

PART A
COMPANY PARTICULARS

PART B
ESTABLISHMENT DETAILS

FORM 2
CERTIFICATE OF REGISTRATION OF A FISHING VESSEL

THE UNITED REPUBLIC OF TANZANIA

THE FISHERIES ACT (CAP. 279)

(Regulation 6(1))

FORM 3
APPLICATION FOR FISHING VESSEL LICENCE

THE UNITED REPUBLIC OF TANZANIA

THE FISHERIES ACT (CAP. 279)

(Regulation 11(8))

FORM 4
FISHING VESSEL LICENCE

THE UNITED REPUBLIC OF TANZANIA

THE FISHERIES ACT (CAP. 279)

(Regulation 11(9))

FORM 5(a)
APPLICATION FOR LICENCE

THE UNITED REPUBLIC OF TANZANIA

THE FISHERIES ACT (CAP. 279)

(Regulation 13(4))

FORM 5(b)
APPLICATION FOR AN EXPORT LICENCE FOR FISH AND FISH PRODUCTS

THE UNITED REPUBLIC OF TANZANIA

THE FISHERIES ACT (CAP. 279)

(Regulation 13(4))

FORM 5(c)
APPLICATION FOR PRAWN FISHING LICENCE

THE UNITED REPUBLIC OF TANZANIA

THE FISHERIES ACT (CAP. 279)

The Fisheries Principal Regulations

(Regulation 13(5))

PART A
PARTICULARS OF VESSEL OWNER

PART B

FORM 6
LICENCE FOR FISHING OR DEALING IN FISH OR FISH PRODUCTS

THE UNITED REPUBLIC OF TANZANIA

THE FISHERIES ACT (CAP. 279)

(Regulation 13(6) and (7))

SECOND SCHEDULE
PROVISIONS AS TO IDENTIFICATION MARKS

(Regulation 7(3))

THIRD SCHEDULE
FEES

(Regulations 7(3) and 13)

PART A:    Fishing Vessel Registration and Transfer Fees:

PART B:    Fishing Vessel Licence:

PART C:    Fishing Licences:

Export royalty

FOURTH SCHEDULE
FISHING METHODS EXEMPTED FROM TAKING OUT LICENCE 1

(Regulation 42)

THE FISH (QUALITY CONTROL AND STANDARDS) REGULATIONS

ARRANGEMENT OF REGULATIONS

    Regulation

Title

PART I
PRELIMINARY PROVISIONS

    1.    Citation.

    2.    Interpretation.

PART II
FISH INSPECTORS AND FISH LABORATORY TECHNICIANS

    3.    Designation of inspectors.

    4.    Powers of fish inspectors.

    5.    Obstruction fish inspectors.

PART III
FISH SANITARY CERTIFICATES

    6.    Prohibition of marketing without certificate.

    7.    Refusal to issue fish sanitary certificates.

PART IV
APPROVALS

    8.    Establishments.

    9.    Cold stores.

    10.    Ice plants.

    11.    Fish transportation.

    12.    Approval of official landing stations.

    13.    Inspection and monitoring.

PART V
QUALITY AND OWN CHECKS

    14.    Submission of Quality Management Programme.

    15.    Application of HACCP by establishments.

    16.    The HACCP.

    17.    Management to carry out tests.

    18.    Action in case of health risk.

PART VI
PLACING ON THE MARKET

    19.    Fish caught in natural environment.

    20.    Export and import.

    21.    Prohibition of certain fish and fishery products.

    22.    Sanitary marks and traceability.

    23.    Inspection of fish for export.

PART VII
GENERAL CONDITIONS OF HYGIENE

    24.    Conditions concerning parasites.

    25.    Staff hygiene.

    26.    Conditions for fresh products.

    27.    Conditions for frozen products.

    28.    Conditions for thawing products.

    29.    Conditions for processed products.

PART VIII
GENERAL PROVISIONS

    30.    Monthly returns.

    31.    Falsification of documents.

    32.    Offences and penalties.

    33.    Powers of court.

    34.    Guidelines.

FISH (QUALITY CONTROL AND STANDARDS) REGULATIONS

(Section 7(2)(s), (u), (v) and (w))

[1st September, 2000]

G.N. No. 300 of 2000

PART I
PRELIMINARY PROVISIONS (regs 1-2)

1.    Citation

    These Regulations may be cited as the Fish (Quality Control and Standards) Regulations.

2.    Interpretation

    In these Regulations, unless the context requires otherwise–

    "Act" means the Fisheries Act *;

    "aquaculture" means the practice of breeding and raising fish in controlled conditions until placed on the market as a foodstuff, and includes the raising of sea water or fresh water fish or crustaceans caught in their natural environment when immature and kept until they reach the desired commercial size for human consumption;

    "approval number or certificate reference number" means a unique combination of letters and numbers assigned by the Director to a fish processing establishment located on land or a fishing vessel for the purpose of showing that the establishment has been inspected and conforms with the required layout and standards;

    "auditor" means a fish inspector authorised to check on compliance of guidelines issued pursuant to Regulation 34;

    "batch" means a quantity of fish or fishery products obtained under practically identical circumstances;

    "chiller" means a suitable hold or room where fish or fishery product is kept at a temperature between 0℃C and 4℃C;

    "chilled product storage hold" means a suitable hold or room with a cooling medium in which products is stored;

    "chilling" means the process of cooling fish or a fish product to a temperature approaching that of melting ice (0℃C);

    "cold store" means an approved premise where fish or fishery product is stored at temperature of -18℃C or lower;

    "competent authority" in relation to all matters relating to fisheries, means the Director or any other officer authorized by the Director to exercise power or discharge any duty under these Regulations;

    "consignment" means a quantity of fish or fish products bound for one or more customers in the country of destination and conveyed by any means of transport;

    "contamination" means the occurrence of any micro-organisms or chemical in a product;

    "control measure" means any action or activity that can be used to eliminate hazard or reduce their impact or occurrence to acceptable levels;

    "corrective measure" means any action or activity taken when monitoring at critical control point to maintain control before a hazard appears or to restore the control when monitoring yields values beyond critical limits;

    "critical control point" means a point, steps, or procedure in fish or in a food process at which control can be applied and a food safety hazard can as a result, be prevented, eliminated or reduced to acceptable levels;

    "critical deficiency" means any condition or malpractice observed in the establishment, which can lead to fish becoming unsafe or unwholesome;

    "critical limit" means a physical value of chemical or biological parameter which separates acceptability from unacceptability;

    "defrosting" means the process of removing frost and ice from freezer and freezer store, refrigerated plate or coils, by the introduction of heat, or brushing and scraping;

    "dehydration" means the loss of moisture from a frozen product through evaporation;

    "Director" means the Director of Fisheries appointed pursuant to section 3 of the Act;

    "disinfectant" means a chemical agent that renders an object free from micro-organisms without adversely affecting the object;

    "fish establishment" means any premise or a vessel where fish or fish products are prepared, processed, chilled, frozen, packaged or stored, but does not include auction and wholesale markets in which only display and sale by wholesale takes place;

    "fish inspector" means a fish inspector designated under regulation 3;

    "fish sanitary certificate" means an official document issued by a competent authority for the purpose of attesting the quality of fish and fishery products at the time and site of its departure;

    "fresh product" means a fish product whether whole or prepared, which has not undergone any treatment to ensure preservation, other than chilling, and includes a fish product under vacuum or in a modified atmosphere;

    "frozen product" means a fish product which has undergone a freezing process to reach a core temperature of -18℃C or lower, after temperature stabilization;

    "good manufacturing practice" means a combination of manufacturing and quality control procedures aimed at ensuring that products are consistently manufactured to their specifications;

    "hazard" means a biological or chemical agent or condition with the potential to cause harm and includes any of the following:

    (a)    contamination or re-contamination to unacceptable levels, with a biological, chemical or physical agent of raw materials, semi-finished or unfinished products;

    (b)    or other undesirable microbial metabolites generation of chemicals, growth or survival of micro-organism to unacceptable levels, in raw materials, semi-finished or finished products; and

    (c)    production or persistence to unacceptable levels, of toxins or other undesirable microbial metabolites;

    "HACCP" means Hazard Analysis and Critical Control Point approach used–

    (a)    to assess the potential hazards associated with the production, processing, preparation and distribution of fish and the risk and severity of each hazard;

    (b)    to identify appropriate preventive control or measures that can be applied to prevent, eliminate or reduce the hazard to acceptable levels;

    (c)    to provide assurance that the appropriate prevention, control or corrective actions have been applied correctly;

    "hygiene" means all measures necessary to ensure safety, soundness and wholesomeness of the product at all stages from reception to final delivery;

    "major deficiency (M)" means any condition or malpractice observed in the establishment which precludes general hygiene and leads to the spoilage of the products;

    "management" includes any person in charge of an establishment;

    "means of transport" means those parts set aside for goods in automobile, vehicles, rail vehicles, aircraft and holds of vessels and containers for transport by land, sea or air;

    "minor deficiency (m)" means any observed condition or malpractice, which does not conform to the sanitary requirements, but is neither major nor serious or critical;

    "monitoring procedure" means a planned sequence of observations or measurements of control parameter to assess whether a critical control point is under control;

    "national standards" means a standard set, established or adopted by the Tanzania Bureau of Standards for use in Tanzania;

    "packaging" means protecting a fish product by use of a container, wrapper or any other suitable material;

    "potable water" means fresh water fit for human consumption which conforms to Tanzanian standards for domestic water;

    "prepared product" means a fish product which has undergone an operation affecting its anatomical wholeness, such as gutting, heading, slicing, filleting or chopping;

    "processing" means subjecting fish or a fish product to a chemical or physical process such as heating, smoking, salting, dehydrating or marinating of a chilled or frozen product, whether or not associated with other foodstuffs, or a combination of these processes;

    "Quality Management Program" means a documented plan which defines the commitment, policy objectives, responsibility, authority and verification to ensure that a product complies with the specified requirement for quality;

    "rancid fish" means fish having a characteristic and persistent odour of rancid oil or a characteristic flavour of oxidized oils with a distinctive bitter background taste;

    "sanitary" means conditions affecting health especially with reference to cleanliness and precaution against infection;

    "serious deficiency (S)" means any conditions or malpractice observed in the establishment that can preclude proper implementation of hygienic practices or obtaining anappropriate level of hygiene, which leads to the production of a contaminated or spoiled fish product, but with no safety implications;

    "shell stock" means raw molluscan shellfish with shell on;

    "shucked shellfish" means molluscan shellfish that have one or both shells removed;

    "smoked fish" means fish that has been subjected to direct action of smoke from burning wood, saw dust, or similar material and imparting to it the flavour of smoke by means such as immersing it in a solution of wood smoke;

    "tainted fish" means fish which is rancid or is abnormal because of specific and persistent non characteristic odours or flavours such as acrid, burned, metallic, digested food, iodine, decomposed odours or flavours.

PART II
FISH INSPECTORS AND FISH LABORATORY TECHNICIANS (regs 3-5)

3.    Designation of inspectors

    There shall be designated by the Director such fish inspectors and fish laboratory technicians for the purpose of enforcing these Regulations.

4.    Powers of fish inspectors

    A fish inspector shall have all the powers conferred upon an authorized officer under the Act and shall in addition have power to–

    (a)    enter, inspect and search, at a reasonable time, any establishment, ice plant, vehicle, cold store or landing station in order to ensure compliance with these Regulations; or in which the inspector has reasonable grounds to believe that evidence of an offence under these Regulations may be found; and–

        (i)    take samples of any fish or fish product found in any establishment, vessel, vehicle, premises or landing station searched under this Regulations;

        (ii)    take samples for laboratory analytical purposes;

        (iii)    seize any fish or fishery product that is unfit for human consumption, diseased or otherwise contaminated;

        (iv)    destroy or otherwise render harmless any fish or fishery product which he has reasonable grounds to believe is unfit for human consumption, diseased or otherwise contaminated;

        (v)    withdraw temporarily an approval number allocated to an establishment until the shortcomings have been rectified;

    (b)    issue of fish sanitary certificate under regulation 6;

    (c)    advise the Director on–

        (i)    the approval of establishments, ice plants, cold stores and transportation under regulations 8, 9, 10 and 11;

        (ii)    the approval of official fish landing station under regulation 12;

        (iii)    any other matter necessary for the purpose of carrying into effect the provisions of these Regulations;

    (d)    carry out regular inspection and monitoring of the activities carried out in establishments, ice plants and cold stores; and

    (e)    prepare inspection report to be submitted to the Director and to respective establishments.

5.    Obstruction of fish inspectors

    (1) No person shall obstruct, impede or refuse to admit a fish inspector or other authorized person acting in the exercise of his functions under these Regulations or aid any person in obstructing, impeding or refusing to admit a fish inspector.

    (2) A fish inspector, in exercising any of the powers conferred on him by these Regulations, shall carry an identity card in the form prescribed in the First Schedule to these Regulations.

PART III
FISH SANITARY CERTIFICATES (regs 6-7)

6.    Prohibition of marketing without certificate

    (1) No person shall place on the market or export out of Tanzania a batch or consignment of fish or fishery products without a fish sanitary certificate issued by a fish inspector in respect of the batch or consignment specified in the Second Schedule to these Regulations.

    (2) A fish sanitary certificate shall be in the form set out in the Second Schedule.

    (3) There shall be charged a fee of five thousand shillings in respect of each fish sanitary certificate issued under this regulation.

7.    Refusal to issue a fish sanitary certificate

    (1) A fish inspector may refuse to issue a fish sanitary certificate in respect of any consignment or batch of fish or fishery products if–

    (a)    the consignment or batch in respect of which the certificate is sought is contaminated with micro-organisms or undesirable chemicals that are potentially injurious to human health;

    (b)    the establishment has not complied with the sanitary requirements as set out in these Regulations;

    (c)    the establishment has not complied with its Quality Management Programme;

    (d)    contamination exceeds the relevant national standards;

    (e)    packaging and labelling do not comply with these Regulations; or

    (f)    the establishment has not complied with any other condition prescribed by the competent authority.

    (2) Where a fish inspector refuses to issue a fish sanitary certificate under this Regulation, he shall give reasons in writing to the applicant for each refusal.

    (3) A fish inspector shall for the purpose of ascertaining the quality, take samples for analysis in an officially approved laboratory at the cost of the applicant.

    (4) The fish inspector or laboratory technician shall observe the standard operating procedures for sampling and analysis of samples prescribed in accordance with Regulation 34(2).

PART IV
APPROVALS (regs 8-13)

8.    Establishments

    (1) The management of an establishment shall before constructing, reconstructing or adapting an establishment make an application to the Director for his approval of that establishment.

    (2) The application shall contain–

    (a)    the full name and address of the establishment and managers, Directors and share holders;

    (b)    the designation and composition of finished products;

    (c)    the number of employees;

    (d)    the production and storage capacities;

    (e)    the establishment architectural plan, at a minimum scale of 1/200, indicating–

        (i)    the establishment facilities and their respective utilization;

        (ii)    the flow of products fit for human consumption and of the products not fit for human consumption;

        (iii)    the equipment lay-out and its respective utilization;

        (iv)    the sanitary facilities such as shower rooms, changing rooms and toilets;

        (v)    the plant wash basins and taps;

        (vi)    the water reticulation map including water outlets or taps serially numbered on the map and in the plant;

        (vii)    the air, smoke and moisture exhaust systems;

        (viii)    the waste water disposal system;

        (xi)    the system for handling, storage and disposal of by-products; and

        (x)    the pest control system;

    (f)    the product flow diagram.

    (3) The application shall be renewed as often as necessary after any major changes in the infrastructure, equipment, handling or processing procedures or after changes in the types and nature of the finished product.

    (4) After receiving the application, the competent authority shall examine the application and its accompanying documents before proceeding to a thorough inspection of the establishment according to the procedures prescribed in the Third Schedule.

    (5) The establishment which conforms with the relevant requirements shall be issued with a Certificate Reference Number (CRN) and shall be included in a list of certified establishments authorized to process and distribute locally or export fish and fishery products.

    (6) Certified establishments shall be regularly inspected by fish inspectors to ensure that sanitary requirements are always complied with and that the establishments apply proper handling and manufacturing practices.

    (7) The routine inspection carried out pursuant to subregulation (5) shall be in accordance to the method prescribed in Table 1 of the Third Schedule and the Fourth Schedule and the inspected establishment shall be rated in the manner prescribed in Table 2 of the Third Schedule.

9.    Cold stores

    (1) The management of a cold store shall apply for certification before commencing activities.

    (2) The application shall contain–

    (a)    full name and address of the establishment and the managers;

    (b)    the designation and composition of finished products;

    (c)    the numbers of employees;

    (d)    the storage capacities;

    (e)    the establishment architectural plan, at a minimum scale of 1/200 indicating–

        (i)    the establishment facilities and their respective utilization;

        (ii)    the refrigeration equipment and its capacity;

        (iii)    the sanitary facilities such as shower rooms, changing rooms and toilets;

        (iv)    the establishment wash basins and taps;

        (v)    the water reticulation map including water outlets or taps serially numbered on the map and in the plant;

        (vi)    the air and moisture exhaust system;

        (vii)    the waste water disposal system;

        (iii)    the system for handling storage and disposal of by products; and

        (ix)    the pest control system.

    (3) The application shall be renewed as often as necessary after major changes in the infrastructure or equipment.

    (4) After receiving the application the Director or an authorised officer shall examine the application and its accompanying documents before proceeding to a thorough inspection of the plant facilities and equipment pursuant to the procedures described in the Third Schedule.

    (5) The cold store which conforms with the relevant requirements shall be issued with a Certificate Reference Number (CRN) and shall be included in a list of certified cold stores authorized to store frozen fish and fishery products.

    (6) Certified cold stores shall be regularly inspected by fish inspectors to ensure that the sanitary requirements are always complied with.

    (7) The routine inspection shall be carried out in manner prescribed in the Third and Fourth Schedules and the cold store shall be rated in the manner prescribed in Table 2 of the Third Schedule.

10.    Ice plants

    (1) The management of an ice plant shall, before commencing activities, apply to the Director for his approval.

    (2) The application shall contain–

    (a)    the full name and address of the establishment and managers;

    (b)    the numbers of employees;

    (c)    the ice production and storage capacities and equipment;

    (d)    the ice distribution vehicles;

    (e)    the establishment architectural plan, at a minimum scale of 1/200 indicating–

        (i)    the establishment facilities and their respective utilization;

        (ii)    the refrigeration equipment and its refrigeration capacity;

        (iii)    the sanitary facilities such as shower rooms, changing rooms and toilets;

        (iv)    the plant wash basins and taps;

        (v)    the water reticulation map including the water outlets or taps serially numbered on the map and in the plant;

        (vi)    the air and moisture exhaust system; and

        (vii)    the pest control system.

    (3) The application shall be renewed as often as necessary particularly after major changes in the infrastructure or in the refrigeration equipment.

    (4) After receiving an application the competent authority shall examine the application and its accompanying documents before proceeding to a thorough inspection of the plant facilities and equipment pursuant to the procedures described in the Third Schedule.

    (5) An ice plant which conforms with the relevant requirements shall be issued with a Certificate Reference Number (CRN) and shall be included in a list of certified ice plants authorized to produce and distribute ice for chilling fish and fish products.

    (6) The routine inspection carried out pursuant to subregulation (5) shall be in accordance to the methods prescribed in the Third and Fourth Schedules.

11.    Fish transportation

    (1) Any person who intends to transport fish shall make an application to the Director for a certificate of transportation.

    (2) The application shall include the following information:

    (a)    the full names and address of the transport company and managers;

    (b)    the means of transport intended to be deployed, licence information and other relevant documents;

    (c)    the transport capacity;

    (d)    the refrigeration and insulation capacity; and

    (e)    the dealing and sanitation program.

    (3) An application for fish transportation licence shall be renewed as often as necessary, particularly after major changes in the transport refrigeration equipment.

    (4) The competent authority shall examine the application and its accompanying documents before proceeding to a thorough inspection of the transport vehicle and its refrigeration system.

    (5) A transport company which conforms with the relevant requirements shall be issued with a Certificate Reference Number (CRN) and added to the list of certified transport companies authorized to handle and transport fish and fishery products.

    (6) Certified transport companies shall be regularly inspected to ensure that sanitary requirements are complied with.

12.    Approval of official landing stations

    (1) The Director, after consultations with the relevant local authorities and after he is satisfied that such stations meet conditions which he shall prescribed in the guidelines, shall, by notice published in the Gazette, declare official fish landing stations.

    (2) No person shall land fish on any place other than the official fish landing stations.

    (3) Fish shall not be thrown on floors or sand and shall be discharged very quickly in containers and shall be protected from sun and insects.

13.    Inspection and monitoring

    The Director shall cause the official landing stations approved under these Regulations to be regularly inspected.

PART V
QUALITY AND OWN CHECKS (regs 14-18)

14.    Submission of Quality Management Programme

    (1) The Director shall issue guidelines for the preparation of a Quality Management Program.

    (2) The management of an establishment shall draw up and submit to the Director, a Quality Management Program based on Good Manufacturing Practice.

    (3) The Management of an establishment shall employ at least one individual who has successfully completed a course of instruction in the application of HACCP principles of fish and fishery products at a programme recognized and approved by the competent authority and that person shall handle all matters relating to fish quality and HACCP plan in the establishment.

15.    Application of HACCP by establishment

    After receiving the submission pursuant to subregulation (2) of regulation 14, the Director shall ensure that the management of an establishment implements the following five preliminary steps which are–

    (a)    assembling of HACCP team which shall consist of qualified personnel capable of developing a HACCP plan and implement it and the team shall–

        (i)    have access to information in order to carry out identification, monitoring and verification;

        (ii)    have various numbers of persons depending on the product, type of operations and number of anticipated hazards and sophistication of control measures required;

    (b)    description of the products, in which the management describes all finished products in terms of fish type, composition, ingredients, physico-chemical factors such as acidity (pH) water activity (A>_{w>), packaging system, storage and distribution condition, required shelf-life and instructions for use;}

    (c)    identification of intended use in which the management identify the intended use of the products by end users or consumers and also point out any potential for faulty storage or use of the product;

    (d)    construction of flow diagram and facility layout in which the management of an establishment prepares a flow diagram to construct the HACCP plan which–

        (i)    outlines in sequence each step of the process from selection of raw materials, processing, storage and distribution;

        (ii)    states sufficient technical information including time, temperature, sterilization value or product flow rate;

        (iii)    contains a layout of the facility indicating movement of products and personnel and equipment placements;

    (e)    on site confirmation of the flows and facility layout in which the HACCP team taking into consideration technical data confirms and the flow diagram in all stages and hours of operation.

16.    The HACCP

    (1) The principles of HACCP which are required by these Regulations are as follows:

    (a)    the principle in which the HACCP team is required to identify–

        (i)    all biological, physical or chemical hazards that may reasonably be expected to occur at each step;

        (ii)    any factor or situation, raw material, ingredient, delay, practice, temperature or personnel that may lead to the introduction or to increasing its probability of occurrence to unacceptable levels;

        (iii)    normal processing conditions and any possible deviation or delay;

        (iv)    existing critical measures which, if any, can be applied for each hazard;

    (b)    establishment of critical control points in which once the hazards and their levels of introduction in the flow diagram are identified, each step of the diagram is evaluated to assess whether it is a critical control point or not, and all the hazards, which may be reasonably expected to occur, or to be introduced, to each step are considered and in order to assist in determining the critical control points a format set out in the Fifth Schedule shall be used;

    (c)    establishment of critical limits for each critical control point in which–

        (i)    each control measure associated with a critical control point should give rise to the specification of critical limit which separates acceptability from unacceptability; and

        (ii)    it is established, for observable or measurable parameters for which there shall be extreme values or tolerances acceptable with regard to product safety and quality, and such parameters, may include, temperature, moisture, water activity, salt content, chlorine level, sulphur dioxide level, pH, quantifiable freshness grade, other sensory parameters, a sterilisation or pasteurisation process, a process duration, a conveyor or belt speed or thickness of a product;

    (d)    establishment of a monitoring system for each critical control point in which the monitoring system describes the observations and measurements to be performed at each critical point in order to verify compliance with the establishment critical limits to enable the detection of loss of control at a given critical point in time for the proper corrective action to be taken;

    (e)    establishment of a corrective action plan in which, all the corrective actions that are to be immediately implemented when the monitoring levels deviations conducive to loss of, or lack of control at a given critical control point, are described;

    (f)    establishment of a verification procedure in which, activities that will enable the establishment to check whether the HACCP system is working effectively or not, are defined;

    (g)    establishment of a record-keeping system which provides for an easy retrieval of all documents related to a given production batch and its forms and such system shall include the keeping of the following two types of documents:

        (i)    a document describing the HACCP elements, the standard operating procedures and the verification methods which usually constitutes the HACCP manual;

        (ii)    a document to record the results of measurements and observations, deviations, results of verification, process modification and any corrective action taken.

    (2) The documents referred to in paragraph (g) shall be kept for a period of at least two calendar years.

    (3) In order to establish whether the approved HACCP manual is implemented, the Director or any authorised officer shall carry out periodical–

    (a)    assessment of the HACCP manual in accordance with the Sixth Schedule; and

    (b)    on the verification in accordance with the Seventh Schedule.

17.    Management to carry out test

    The management of an establishment shall carry out tests to ascertain the quality of fish and fish products handled by the establishment in accordance with the relevant national standards.

18.    Action in case of health risk

    Where the results of the checks referred to in regulation 17, or any information at the disposal of the management of an establishment reveal a health risk or suggest that a health risk might exist in the establishment, the management shall take such measures as may be appropriate and shall notify a fish inspector, who shall take appropriate action.

PART VI
PLACING ON THE MARKET (regs 19-23)

19.    Fish caught in natural environment

    (1) Placing on the market of fish caught in its natural environment shall be subject to the following conditions that is–

    (a)    during and after landing they must have been handled in accordance to the guidelines issued under regulation 34;

    (b)    they have been transported in boats or vehicles approved according to these Regulations;

    (c)    they have been processed in an establishment approved in accordance with these Regulations;

    (d)    they have been handled and where appropriate, packaged, prepared, processed, frozen, defrosted or stored in hygienic establishments approved in accordance with these Regulations;

    (e)    they have undergone health and sanitary checks in accordance with the relevant national standard; and

    (f)    they have been appropriately packaged, stored, and transported under sanitary conditions.

    (2) Any fish to be placed on the market alive shall at all times be kept under survival conditions.

20.    Export and import

    No person shall–

    (a)    export, process for export or attempt to export or process for export, any fish or fishery product unless that fish or fishery product is processed in an establishment approved under these Regulations; or

    (b)    import or export or attempt to import or export any fish that is tainted, decomposed or unwholesome or otherwise fails to meet the requirements of these Regulations.

21.    Prohibition of certain fish and fishery products

    (1) No person shall import or export attempt to import, export, process, store or place for sale–

    (a)    any poisonous fish of the family Tetradontidae, Molidae, Diodontidae and Canthigasteridae;

    (b)    fish containing biotoxins;

    (c)    radioactive fish or fishery products.

    (2) No person shall load a vessel for export or unload fish or fishery products from a vessel unless the consignment has been duly inspected by a fish inspector and record of that consignment has been taken.

    (3) No person shall discharge, unload or place for sale imported fish or fishery products unless the fish inspector has screened the following documents–

    (a)    import licence;

    (b)    a copy of the bill of lading;

    (c)    a copy of sanitary certificate issued by the competent authority of the country of origin;

    (d)    certification of being radioactive free issued by a competent authority;

    (e)    evidence on availability of storage facilities and distribution channels for the consignment within Tanzania; and

    (f)    total quantity and value of the import.

    (4) No person shall export any fish or fishery product that does not comply with the standard specification for labelling of prepackaged foods set out in subregulation (2) of regulation 22.

22.    Sanitary mark and traceability

    (1) A sanitary mark shall be placed on each fish container and the accompanying documents in order to allow for the identification of the processing establishment from which the fish or fishery products originated.

    (2) The sanitary mark shall include–

    (a)    the nature of the fishery product;

    (b)    species name (common and scientific);

    (c)    the name of the processing certification number;

    (d)    the date of manufacture; and

    (e)    the words "PRODUCT OF TANZANIA" on the packaging.

    (3) For the purpose of recall and retrieval from the market, the fish processors shall develop a traceability system that shall enable them to find quickly–

    (a)    the complete address of their clients;

    (b)    the full description of the products they shipped including their nature, quantities, lot numbers, transport conditions and date of shipment.

    (4) The Director shall develop a record keeping system to enable a good traceability of any fish lot to its landing station, processing or cold store establishment.

    (5) The record shall contain the following particulars:

    (a)    establishment file which compiles pre-requisite documentation required prior to plant certification, plant inspection and follow-up reports;

    (b)    HACCP audit and verification file which describes the results of the HACCP auditing and certified processing establishment; and

    (c)    the product and sanitary control file which contains the results of laboratory analyses and field inspections at the point of export.

23.    Inspection of fish for export

    (1) The management of an establishment shall, before dispatch of a batch or consignment of fish or fishery products for export, notify a fish inspector of their intention to export fish or fishery products at least twenty four hours in advance in case of chilled fresh products, and at least seven days in advance, in case of frozen products.

    (2) Each batch or consignment of fish or fishery products to be exported shall be made available by the management for inspection at the establishment.

PART VII
GENERAL CONDITION OF HYGIENE (regs 24-29)

24.    Conditions concerning parasites

    (1) During production and before they are released for human consumption, fish and fishery products shall be subject to a visual inspection for the purpose of detecting and removing any parasites that are visible.

    (2) Fish or parts of fish which are obviously infested with parasites and which have been removed shall not be placed on the market for human consumption.

25.    Staff hygiene

    (1) The highest possible standard of cleanliness is required of staff that is to say–

    (a)    staff shall wear suitable clean working clothes and headgear which completely encloses their hair and this shall particularly apply to persons handling exposed fish or fishery products;

    (b)    staff assigned to the handling and preparation of fish or fishery products shall be required to wash their hands at least each time work is resumed;

    (c)    smoking, spitting, eating and drinking in work and storage areas of fishery products are prohibited.

    (2) The employer shall take all the requisite measures to prevent persons liable to contaminate fish or fishery products from working on and handling them until there is evidence that such person can do so without risk.

    (3) When recruited, any person working on and handling fish or fishery products shall be required to prove, by a medical certificate, that there is no impediment.

26.    Conditions for fresh products

    (1) When chilled unpackaged products are not dispatched, prepared or processed immediately after reaching the establishment, they shall be stored or displayed under ice in the establishment.

    (2) Re-icing shall be carried out as often as is necessary.

    (3) The ice used shall be made from potable water and be stored under hygienic conditions in receptacles provided for the purpose.

    (4) Prepackaged fresh products shall be chilled in ice or refrigerated chill rooms.

    (5) Operations such as heading, gutting and dressing shall be carried out–

    (a)    hygienically and washed thoroughly with potable water;

    (b)    in such a way as to avoid contamination or spoilage of fillets and slices; and

    (c)    in a place other than the place used for heading and gutting operations.

    (6) Guts and parts that may constitute a danger to public health shall be separated from and removed from vicinity of products intended for human consumption.

    (7) Containers used for the dispatch or storage of fresh fishery products shall be designed in such a way as to ensure both their protection from contamination and their preservation under sufficiently hygienic conditions and they shall provide adequate drainage of melt water.

    (8) Waste shall either be continuously disposed of or be placed in leak proof covered containers which are easy to clean and disinfect and such waste shall be disposed of in premises set aside for waste and shall always be thoroughly cleaned and if appropriate disinfected after use.

27.    Conditions for frozen products

    (1) Plants shall have–

    (a)    freezing equipment sufficiently powerful to achieve a rapid reduction in the temperature so that the temperature laid down in the Regulations is obtained in the product;

    (b)    freezing equipment sufficiently powerful to keep product in storage rooms at a temperature not exceeding those laid down in these Regulations.

    (2) Storage rooms shall have a temperature recording device in a place where it can easily be read while the temperature sensor of the recorder shall be located in the area further away from the cold source where the temperature in the storage room is the highest.

    (3) Temperature charts shall be available for inspections by fish inspectors at least during the period in which the products are stored.

28.    Conditions for thawing products

    Establishments which carry out thawing operations shall comply with the following requirements:

    (a)    fishery products shall be thawed under hygienic conditions, their contamination shall be avoided and there shall be adequate drainage for any melt water produced;

    (b)    during thawing, the temperature of the products shall not increase excessively;

    (c)    after thawing, fishery products must be handed in accordance with the following requirements:

        (i)    when they are prepared or processed, these operations shall be carried out without delay; and

        (ii)    if they are put directly into the market, the unsold consignment shall not be put back into cold rooms as frozen products. They shall be stored only in chill rooms.

29.    Conditions for processed products

    (1) Fresh, frozen and thawed products used for processing shall comply with the provisions of this Regulation.

    (2) Where the processing treatment is carried out to inhibit the development of pathogenic micro-organisms, or if it is a significant factor in the preservation of the product, the treatment shall be scientifically recognised and in accordance with the internationally recommended codes of practice for such a product which employ good manufacturing practices.

    (3) The management of an establishment shall keep a register of the processing carried out depending on the type of process employed, heating time and temperature, salt content, pH, water content shall be monitored and controlled and such record shall be kept at least for the expected storage life of the products and shall be made available to the fish inspectors.

    (4) For products which are preserved for a limited period by a treatment such as salting, smoking, drying or marinating, the appropriate conditions for storage shall be clearly marked on the package.

    (5) In the case of fish or fishery products which have been subjected to sterilization in hermetically sealed containers–

    (a)    the water used for the preparation of cans shall be potable water;

    (b)    the process used for heat treatment shall be appropriate, having regard to such major criteria as the heating time, temperature, filling and size of containers, a record of which shall be kept;

    (c)    the heat treatment shall be capable of destroying or inactivating pathogenic organism and the spores of pathogenic micro-organism;

    (d)    the heating equipment shall be fitted with devices for verifying whether the containers have undergone appropriate heat treatment;

    (e)    potable water shall be used to cool containers after heat treatment, without prejudice to the presence of any chemical additives used in accordance with good technological practice to prevent corrosion of the equipment and containers;

    (f)    further checks shall be carried out at random by the manufacturer to ensure that the processed products have undergone appropriate heat treatment against–

        (i)    incubation tests, under which incubation must be carried out at 37℃C for seven days or at 35℃C for ten days or any other equivalent combination;

        (ii)    microbiological examination of contents and containers in the establishment laboratory or in another approved laboratory;

    (g)    samples shall be taken of production each day at predetermined intervals, to ensure the efficiency of sealing and for that purpose appropriate equipment shall be available for the examination of cross sections of the can - seams;

    (h)    checks are carried out in order to ensure that containers are not damaged;

    (i)    all containers which have undergone heat treatment under practically identical conditions shall be given a batch identification mark.

    (6) Smoking shall be carried out in separate premises or a special place equipped, if necessary, with a ventilation system to prevent the smoke and heat from the combustion from affecting other premises or places where fishery products are prepared, processed or stored and–

    (a)    materials used to produce smoke for the smoking of fish shall be stored away from the place of smoking and shall be used in such a way that they do not contaminate the products;

    (b)    materials used to produce smoke by burning wood that has been painted, varnished, glued or has undergone any chemical preservation treatment is prohibited;

    (c)    after smoking, products shall be cooled rapidly to the temperature required for their preservation before being packaged.

    (7) Salting operations shall take place in different premises and sufficiently removed from the premises where the other operations are carried out and–

    (a)    salt used in the treatment of fish or fishery products shall be clean and stored in such a way as to preclude contamination and it shall not be reused;

    (b)    any container used for salting or brining shall be constructed in such a way as to preclude contamination during the salting or brining process;

    (c)    containers or areas used for salting or brining shall be cleaned before use.

    (8) Crustaceans and molluscan shellfish shall be cooked as follows:

    (a)    any cooking shall be followed by rapid cooling and the water used for this purpose shall be potable water or clean sea water and if no other method of preservation is used, cooling shall continue until the temperature approaching that of melting ice is reached;

    (b)    shelling or shucking shall be carried out under hygienic conditions avoiding the contamination of the product and–

        (i)    where such operations are done by hand, workers shall pay particular attention to the washing of their hands and all working surfaces shall be cleaned thoroughly;

        (ii)    if machines are used, they shall be cleaned at frequent intervals and disinfected after each working day;

        (iii)    after shelling or shucking, cooked products shall immediately be frozen or kept chilled at a temperature which will preclude the growth of pathogens, and be stored in appropriate premises;

    (c)    every manufacturer must carry out microbiological checks on his production at regular intervals, complying with the approved standards.

    (9) The mechanical recovery of fish flesh shall be carried out under the following conditions:

    (a)    mechanical recovery of gutted fish shall take place without undue delay after filleting, using raw materials free of guts. Where whole fish are used, they shall be gutted and washed beforehand;

    (b)    the machinery shall be cleaned at frequent intervals and at least every two hours;

    (c)    after recovery, mechanically recovery flesh shall be frozen as quickly as possible or incorporated in a product intended for freezing or stabilizing treatment.

PART VIII
GENERAL PROVISIONS (regs 30-34)

30.    Monthly returns

    (1) The management of an establishment shall submit monthly returns of its production and trade transactions, to the Director.

    (2) The monthly returns referred to in subregulations (1) shall be submitted at the beginning of the month following that to which they relate.

31.    Falsification of documents

    No person shall falsify or unlawfully alter, destroy, erase or obliterate any declaration, certificate or other document made or issued under these Regulations, or any label or mark placed on any container in accordance with these Regulations.

32.    Offences and penalties

    (1) Any person who is in charge or control or is a manager of persons engaged in handling fish, but who does not himself carry on a fish business, and who fails to take reasonable steps to ensure compliance with these Regulations by any person under his charge, control or management, commits an offence.

    (2) A person who commits an offence under these Regulations shall, upon conviction, be liable to a fine of not less than two hundred thousand shillings or to an imprisonment for a term of not less than six months, or to both, that fine and imprisonment.

33.    Powers of court

    (1) The court may, in addition to, or in substitution for any penalty that it may impose under these Regulations, withdraw any approval granted under these Regulations.

    (2) The Court may, on the application of the prosecution, order the closure of any establishment which has violated any of these Regulations.

34.    Guidelines

    (1) The Director may, from time to time, issue guidelines for the purpose of assisting the proper implementation of these Regulations.

    (2) Without prejudice to the generality of subregulation (1), the Director shall issue guidelines in respect of–

    (a)    quality management program;

    (b)    sampling of fish and fish products for analyses;

    (c)    organoleptic and chemical checks for fish inspection and quality assurance;

    (d)    microbiological analyses for fish inspection and quality assurance;

    (e)    official fish landing stations;

    (f)    auditing of–

        (i)    factory structure and fabrication;

        (ii)    storage facilities;

        (iii)    raw materials;

        (iv)    processing equipment and machinery;

        (v)    food handling practices;

        (vi)    quantity assurance;

        (vii)    personnel standards;

        (viii)    cleaning system;

        (ix)    management control;

        (x)    fish laboratory layout and specifications;

        (xi)    pest prevention.

FIRST SCHEDULE
FISH INSPECTOR'S IDENTIFICATION CARD

(Regulation 5(2))

SECOND SCHEDULE
FISH SANITARY CERTIFICATE

(Regulation 6)

THIRD SCHEDULE

(Regulations 8(4) and (7), 9(4) and (7), 10(4) and (6))

Table 1
Inspection of fish establishments for conformity to sanitary requirements of infrastructure, equipment and lay-out

Table 2
Rating of fish handling and processing establishments

(Reg. 8(6), 9(7))

Routine inspection of hygienic and manufacturing practices

    Once an establishment, a cold store or an ice plant is certified, it should be inspected regularly to ensure that the sanitary requirements are always complied with and that good manufacturing and hygienic practices (GMP/GHP) are applied. The frequency of visits depends upon the sanitary history of the establishment in relation to its adherence to the sanitary requirements. This level of adherence, as judged by the establishment rating according to table 2, can be used to determine the frequency of inspection. Thus, establishments rated C will be visited twice more frequently than establishments rated B, the latter being inspected twice more frequently than establishments rated A.

FOURTH SCHEDULE

(Regulations 10(6) and 11(6))

Table 3
Evaluation of conformity to requirements for hygienic and manufacturing practices in fish establishments

FIFTH SCHEDULE
CRITICAL CONTROL POINTS

(Regulation 16(1)(b))

SIXTH SCHEDULE
ASSESSMENT OF HACCP MANUALS

(Regulation 16(3)(a))