CHAPTER 146
MARINE PARKS AND RESERVES ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
REGULATIONS
(Section 23(1)(k))
[1st January, 2002]
G.N. No 232 of 2001
1. Citation
These Regulations may be cited as the Marine Parks and Reserves (User Fees) Regulations.
2. Fees
(1) The fees set out in the Schedule to these Regulations shall be valid for one entry.
(2) The provision of Regulation 2(1) shall not apply to fees chargeable for a period of one month or a year.
(3) All passengers on visiting boats/ships shall pay entrance fee in accordance with item A.
3. Registration of passenger boats and water venture facilities
(1) Passenger boats with a carrying capacity of 15 passengers and above shall be registered with the Marine Park Reserves Unit.
(2) All Boats and water venture facilities owned by registered business in the Marine Parks and Reserves shall be required to register with the Marine Park and Reserves Unit within 30 days of its acquisition.
4. Exemptions
(1) Boats operated within a marine park by a registered tourism business located within the boundaries of the same marine park shall be exempted from all boat licence fees.
(2) Filming for promotional purposes by a licensed business located within a park for the purpose of promoting the business in the park shall be exempted from paying filming fee.
5. Exemption under certain circumstances
The Unit Manager or Warden in-charge of the Marine Park or Marine Reserves may if in his opinion it is in the public interest so to do exempt any person or organization from partial or full payment of fees and such exemption shall be in writing.
6. Offences and penalties
Any person who contravenes the provisions of this regulation or fails or refuses to comply with any requirements under this regulation shall be guilty of an offence and upon conviction shall be liable to a fine of not more than two hundred thousand shillings or imprisonment for a term not exceeding two years or to both such fine and imprisonment.
7. Revocation
[Revokes the Marine Parks and Reserves (User Fees) Regulations *.]
SCHEDULE
FEES
A. Entrance fee for each person per day in the Mafia Island Marine Park and Mnazi Bay-Ruvuma Estuary Marine Park: |
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Tanzanians | Non-Tanzanians |
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(a) For each person of or above the age of 16 years {mprestriction ids="1,2,3"} | T.Shs. 1,000.00 | US$ 10 |
(b) Between the age of 5 years and 16 years | T.Shs. 200.00 | US$ 5 |
(c) Children below the age of 5 years | Free | Free |
B. Permit for each entry or each person per day in Mbudya Island, Fungu Yasini, Maziwi Island and Bongoyo Island Marine Reserves: |
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Tanzanians | Non-Tanzanians |
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(i) For each person of or above the age of 16 years | T.Shs. 1,000.00 | US$ 5 |
(ii) Between the age of 5 years and 16 years | T.Shs. 200.00 | US$ 3 |
(iii) Children below the age of 5 years | Free | Free |
C. Boat and sport fishing licensing within Mafia Island Marine Park and Mnazi Bay–Ruvuma Estuary Marine Parks only: |
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(i) Boats powered by engines of 40hp or less (including Mashuas) trading in marine resources | T.Shs. 10,000/= per month |
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(ii) Boats powered by engines of more than 40hp trading in marine resources ............................ | T.Shs. 50,000/= per month |
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(iii) Visiting leisure boat privately owned and non-commercial ............................................ | US$10 per entry for maximum of 7 days |
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(iv) Visiting commercial leisure boat including chartered ..................................................... | US$ 50 per entry for maximum of 7 days |
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(v) Game fishing boat ........................................ | US$ 50 per entry up to 7 days |
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(vi) Cruise ship/tourist passenger boat ................ | US$ 500 per entry |
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(vii) Visitors staying at lodges and fishing in a boat owned by registered business in the marine parks or visiting game fishing boats shall pay a fishing licence ..................................................... |
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(viii) Fishermen on game fishing Boats each pay a fee of ............................................................. | US$ 50 for any period up to seven days |
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D. Boat licensing (for boat operated within Marine Reserves of Bongoyo, Mbudya, Pangavini and Maziwi Island Marine Reserves only): |
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1. Passenger boats with a carrying capacity of 15 passengers ............................................. | US$ 200 per month or US$ 2,400 per annum |
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2. Local registered leisure boat ..................... | T.Shs. 5,000.00 |
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3. Foreign registered leisure boat .................. | US$ 40 |
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E. Concession: |
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Concession to operate public services in Marine Reserves ie restaurants etc. ...................................................... | US$ 2,400 per annum, or US$ 200 per month |
F. Commercial Filming Fees: |
Image capture of any type, i.e. still photography, motion picture photography, still or conventional video imaging, for commercial purposes, in any Marine Park or Marine Reserve shall pay US$ 500 per period of up to 14 days. |
(Section 9)
G.N. No. 85 of 1999
1. Citation
These Regulations may be cited as the Marine Parks and Reserves (Declaration) Regulations, 1999.
2. Declaration of Marine Reserves
The areas described in the Schedule to these Regulations are hereby declared to be Marine Reserves.
3. Prohibition on fishing
No person shall fish in a Marine Reserve.
4. Control of entry
No person shall enter or reside in a Marine Reserve without the prior consent in writing of the Unit Manager. This provision shall not apply 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 bona fide tourist.
5. Preservation of organisms etc.
(1) No person shall collect any fish or other marine organism 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 in areas specifically designated in the General Management Plan and or if specifically otherwise authorized by the Unit Manager.
6. Prohibition of vandalism
No person shall destroy, mark, deface, displace remove or temper with any sign, notice, float or placard within the bounderies of a Marine Reserve.
7. Control of Marine Operation
Except with the written permission of the Unit Manager after consultation with the Board no person shall, within the boundaries of a Marine Reserve, carry on or permit or cause to be carried on any operation involving dredging, excavation, drilling or filling of any kind or use or permit or cause to be used any equipment or machinery normally used for dredging, drilling or excavating or deposit construct or install any such machinery or equipment.
8. Handling of boats in Marine Reserves
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. Prohibition of use and possession of fishing equipment
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 an officer in charge of that Marine Reserve.
10. Offences
Any person who contravenes any provision of these Regulations commits an offence and upon conviction is liable to a fine of two hundred thousand shillings or to imprisonment for a term of two years or both.
SCHEDULE
RESERVES
1. Fungu Yasini Marine Reserve:
All that area consisting of land and ocean waters centred at latitude 06 degrees 36 minutes 00 seconds south and Longitude 39 degrees 14 minutes 30 seconds East and extending to a 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 minutes 30 seconds South and Longitude 39 degrees 15 minutes 00 seconds East and extending to a depth of 5 fathoms below the mean low tide mark in all directions from the centre point described above.
3. Bongoyo Island Marine Reserve:
All that land and ocean waters centred at latitude 6 degrees 43 minutes 12 seconds South and Longitude 38 degrees 16 minutes 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 and ocean waters centred at latitude 6 degrees 40 minutes 42 seconds South and Longitude 38 degrees 14 minutes 12 seconds East and extending to a depth of 5 fathoms below the mean low tide mark from the centered point described above.
5. Maziwi Island Marine Reserve:
All that land and ocean waters centred to the North and South by 5 degrees 29 minutes 48 seconds East and 5 degrees 31 minutes 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. {/mprestriction}