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Deep Sea Fisheries Management and Development Act, 2020 (No. 5 of 2020)

Country/Territory
United Republic of Tanzania
Document type
Legislation
Date
2020
Source
FAO, FAOLEX
Original source
No. 5 of 2020
Long title
An Act to make provisions for recognition of the existence of the Deep Sea Fishing Authority, provide for administration of the Authority, management and development of fisheries conservation and related activities in all areas which the United Republic exercises jurisdiction; for the exercise of effective control of fishing and related activities of nationals of the United Republic in areas beyond national jurisdiction; for the repeal of the Deep Sea Fishing Authority Act, Cap. 388 and to provide for related matters.
Subject
Fisheries
Keyword
Basic legislation Marine fisheries Institution EEZ-Exclusive Economic Zone Offences/penalties Aquatic animals Authorization/permit Biosafety Data collection/reporting Fishery management and conservation Fishing area Fishing authorization Fishing gear/fishing method Fishing vessel High seas Protection of species Foreign fishing Maritime zone
Geographical area
Africa, Eastern Africa, Least Developed Countries
Abstract

This Act is made to apply to all fishing and related activities; all persons and vessels in and in relation to areas beyond national jurisdiction following hot pursuit initiated in waters under the jurisdiction of Tanzania; all Tanzanian fishing vessels or dealing with or having any relevant relationship to them, in areas within or beyond the national control where there is no jurisdictional conflict with another State. This Act establishes and provides for the constitution and administration of the Deep Sea Fishing Authority as a corporate body which has exclusive authority for the exploration, exploitation, conservation and management of fisheries in the Exclusive Economic Zone in accordance with the law relating to Territorial Sea and Exclusive Economic Zone. The Authority is charged with certain functions, including formulating, implementing and monitoring the implementation of national policy and strategies concerning the conservation, management, development and sustainable use of fishery resources in the Exclusive Economic Zone; develop, manage and control all activities relating to fisheries, including fishing and related activities, in relation to the Exclusive Economic Zone and all other areas; formulate and coordinate programmes for scientific, economic, social or other research in relation to the fisheries, among other functions. Pursuant to its mandate on fisheries conservation, management and development, the Act makes certain prohibitions and directions, notably, guidelines for the implementation of regional conservation and management measures and provisions against altering the marine environment by introducing toxic, hazardous substances; there are specific provisions on the marking of fishing vessels, control of fishing efforts, prohibitions against the use of certain fishing gear or vessel, prohibitions with respect to the dealing in protected, threatened and endangered species, etc. The Act provides for the maintenance of a public register and an information system to collect and keep data and statistics with regards to the mandates of the Act. The Act also provides for Port State Measures application and implementation to apply to foreign fishing vessels and fishing vessels entitled to fly the flag of Tanzania that seek entry to a port or are in a port of Tanzania, with certain exceptions. The Port State Measures also apply to all fishing and fishing related activities and persons, vessels, vehicles , and so on, engaged in activities within the purview of the Act. The Act contains incidental provisions with respect to funding, offences, the courts vested with jurisdiction to handle matters arising from the Act, evidentiary procedures of the Court, and so on.

Full text
English
Website
www.parliament.go.tz

References - Legislation

Repeals

Deep Sea Fishing Authority Act, 1998.

Legislation | United Republic of Tanzania | 1998

Keyword: Marine fisheries, Institution, EEZ-Exclusive Economic Zone, Offences/penalties, Maritime zone

Source: FAO, FAOLEX

Implemented by

Deep Sea Fisheries Management and Development Regulations, 2021.

Legislation | United Republic of Tanzania | 2021

Keyword: Cartilaginous fishes, Monitoring, Offences/penalties, Precautionary principle, Protection of environment, Allocation/quota, Royalties/fees, Marine pollution, Polluter pays principle, Pollution control, Authorization/permit, Bycatch, Data collection/reporting, EEZ-Exclusive Economic Zone, Fishery management and conservation, Fishing area, Fishing authorization, Fishing charge, Fishing gear/fishing method, Fishing vessel, Foreign fishing, High seas, Inspection, Internal trade, International trade, Landing, Marine fisheries, Marine mammals, Marking/identification, Procedural matters, Protection of species, Registration, Research, Stock enhancement/repopulation, Subsidy/incentive, Sustainable development, Transshipment, Maritime zone, Birds, Ecosystem preservation, Turtles, Wild fauna

Source: FAO, FAOLEX