TECHNICAL COOPERATION PROGRAMMETCP/ERT/2251
 FL/IOR/93/35
COVER

FISHERIES DEVELOPMENT PLANNING AND RESOURCE DEVELOPMENT

ERITREA

DRAFT FISHERIES LEGISLATION


TABLE OF CONTENTS


This report was prepared during the course of the project identified on the title page. The conclusions and recommendations given in the report are those considered appropriate at the time of its preparation. They may be modified in the light of further knowledge gained at subsequent stages of the project.

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TABLE OF CONTENTS

1. INTRODUCTION

2. FISHERIES LEGISLATION

2.1 Background
2.2 Draft Fisheries Proclamation

PART I
PRELIMINARY

Art. 1. Issuing Authority
Art. 2. Short Title
Art. 3. Definitions

PART II
ADMINISTRATION

Art. 4. Department of Marine Resources and Inland Fisheries
Art. 5. Authorized Officers
Art. 6. Fisheries Advisory Council

PART III
FISHERIES MANAGEMENT

Art. 7. Fisheries Management and Development Plans
Art. 8. Fisheries Management Measures
Art. 9. Fisheries Information
Art. 10. Scientific Research
Art. 11. Marine Mammals
Art. 12. Marine Reserves

PART IV
FISHING LICENCES

Art. 13. Nationality of Fishing Vessels
Art. 14. Fisheries Access Agreements
Art. 15. Foreign Fishing Vessel Licence
Art. 16. Stowage of Gear
Art. 17. National Fishing Vessel Licence
Art. 18. Other Fishing Licences
Art. 19. Applications for Fishing Licences
Art. 20. Conditions of Fishing Licences
Art. 21. Fees and other Payments
Art. 22. Validity of Fishing Licences
Art. 23. Suspension and Cancellation of Fishing Licences

PART V
AQUACULTURE

Art. 24. Aquaculture Authorization
Art. 25. Conditions of Aquaculture Authorization
Art. 26. Protection of Aquaculture Facility
Art. 27. Suspension of Operations and Closure of Facility

PART VI
ENFORCEMENT

Art. 28. Powers of Authorized Officers
Art. 29. Hot Pursuit
Art. 30. Custody of Seized Goods
Art. 31. Disposal of Perishable Goods
Art. 32. Release of Vessels, etc., on Bond
Art. 33. Offences
Art. 34. Liability of Master
Art. 35. Forfeiture
Art. 36. Cancellation of Licences
Art. 37. Presumptions
Art. 38. Burden of Proof
Art. 39. Jurisdiction of the Court
Art. 40. Administrative Settlement

PART VII
GENERAL PROVISIONS

Art. 41. Appeals
Art. 42. Regulations

2.3 Draft Fisheries Regulations

3. NOTES ON MARINE POLLUTION

3.1 Kinds of Marine Pollution
3.2 Pollution from Ships

3.2.1 The Marpol Convention
3.2.2 Possible Actions

3.3 Pollution by Dumping

3.3.1 The London Dumping Convention
3.3.2 Possible Actions

3.4 Regional Cooperation

4. MULTILATERAL CONVENTIONS

4.1 Multilateral Conventions concerning the Law of the Sea and the Protection of the Environment

4.2 Multilateral Conventions relating to Codification of International Law