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New Government Bill Seeks to Criminalise Illegal Fishing Friday, September 07, 2007 Amid growing concerns about the threats posed by the hitherto unbridled incidences of illegal fishing within the country’s waters, the government of The Gambia has introduced a new fisheries bill 2007, making illegal the act of fishing or conducting any other activity requiring authorisation under the provisions of this act or any of its regulations in The Gambia or beyond the fisheries waters without an appropriate license or other authorization issued in accordance with the act. Presenting the bill before members of the National Assembly, the Secretary of State for Fisheries and Natural Resources, Mr. Yankuba Touray, on Tuesday 4th September, said that the fisheries bill 2007 aims to provide legislation that would adequately address current practices, issues and trends in the sector and be in accordance with the principles enshrined in the Food and Agricultural Organization and the United Nations code of conduct for responsible fisheries. Under the new act, unless otherwise provided, a person who contravenes such provisions commits an offence and is liable on conviction to a fine not exceeding D30,000,000 (Thirty million dalasis and not less than D5,000,000 or imprisonment for a term not exceeding 10 years and not less than five years or to both the fine and imprisonment. According to provisions under section 24 of the bill, the Secretary of State may prescribe different classes or types of licences, in addition to the types of different classes of licences provided for under the act, and levy the payment of different fees for fishing and other activities regulated under the act. The provision further stipulated that the Secy may further make regulations prescribing the procedures, forms and other requirements for the applications for licences and matters to be considered in determining whether to issue, refuse, suspend or cancel a licence. Section 2 subsection 1 of the fisheries act states that a person who uses or attempts to use any explosive, poison, or other noxious substance, for the purpose of killing, stunting, disabling or catching fish, or which in any way renders the fish more easily caught commits an offence and is liable on conviction to a fine not less than D500,000 or imprisonment for a term not exceeding 10 years or both the fine and imprisonment. Under subsection 2 of the same provision, a person is liable on conviction to a fine not exceeding D1,000,000.00 and not less than D300,000.00 or imprisonment for a term not exceeding five years and not less than two years, or both the fine and imprisonment if he/she lands, sells, receives, or is found in possession of any fish, knowing or having reasonable cause to believe them to have been taken in contravention of the provisions of this section. Author: By Baboucarr Senghore, Abba A.S. Gibba & Ya Sainey Gaye Source: The Point |
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