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Fishing in domestic water – violations of the terms of contract – misdemeanor of possession of young eels without authorization

Pays/Territoire
Maroc
Type de cour
Nationale - cour supérieure
Date
Oct 4, 2012
Source
UNEP, InforMEA
Nom du tribunal
Court of Cassation
Siège de la cour
Rabat
Langue
Anglais
Résumé

The conviction of the company for the possession of young eels without authorization and without respect to the terms of contract was based on the report made by agents of water and forests administration. This report, according to article 66 of the Dahir of 10/10/1917, should be used as a full evidence unless the defender prove the wrongfulness of its content. In this case this wrongfulness was not proved by the company, then the court concluded rightfully the violation of the terms of contract that prohibit the trade of eels since what was seized was from another source other than fishing from the river as stated in the terms of contract. So the possession of young eels was not justified on legal basis, according to the provisions of article 11, 12 and 21 of the Dahir of 04/11/1922 regulating the fishing in domestic water, which makes the demonstration of the appealed decision well founded.

Request rejected

Disponible en
Court of Cassation’s Decisions on the environment