Fisheries Act, 6/70

Over or mis-exploitation of fisheries can result in a variety of environmental problems, including depletion of the species to the point where they cannot regenerate sufficiently to supply future generations with fish and fisheries products. At best, future generations of Tanzanians may lose their food supply; at worst, species become extinct and the life cycles of the fish are no longer possible. The Fisheries Act is the main law enacted by government to address these problems, and establishes a general prohibition on fishing without a permit/license. Terms and conditions of the license must be followed for businesses involved in the fisheries sector. Businesses should note that different requirements exist depending upon the size of the business (or usually, the size of the boat under regulation), but even small boat or shore fishing is regulated. Other specific restrictions exist and are listed below.

Section 7 gives the Minister responsible for Fisheries the authority to make regulations about all aspects of fishing including for the purpose of protecting, conserving, developing, regulating or controlling. Specifically, the Minister may make regulations pertaining to environmental concerns with regard to:

1. Providing for and regulating the description, specifications, and forms of nets to be used;
2. Prohibiting or restricting the use of explosives for the purpose of fishing;
3. Prohibiting /restricting use of any poisonous or toxic substance;
4. Prohibiting /restricting capturing, collection, gathering, killing, injuring immature fish;
5. Prohibiting/restricting collection, removal, destruction of any variety of fish, aquatic flora, fish product or product of aquatic flora;
6. Providing for protection of spawning areas; and,
7. Preventing obstruction and pollution of territorial waters.

Penalties are such that if the regulations specify that violation thereof is an offence, a fine of up to 20,000 Tsh. or 5 years shall be imposed on violators.

The Principal Fisheries Regulations, GN 317/89, enacted pursuant to Minister's authority as listed in the Fisheries Act, require registration and licensing of all fishing vessels. Fishing vessels are divided into different classes in the Third Schedule to the regulations. In addition, the 1989 regulations stipulate that no person shall, without a license, engage in fishing, collecting or export of any of the fish or fish products enumerated in the Third Schedule. Finally, fish dealers are required to be licensed under the regulations and valid business licenses are required under the Business License Act.

The 1989 Fisheries Regulations also establish specific environmental requirements for those businesses engaged in the fishing industry. For example, under section 25, the use of dynamite for fishing is prohibited. It should also be noted that use, possession, transport, etc., of explosives is restricted under the Explosives Act (as discussed extensively in section 4.4).

Under sections 26 and 27 of the regulations, use of poison is prohibited for fishing. Pesticides are also frequently used to poison fish; therefore, it is also important to keep in mind the restrictions of the Tropical Pesticides Research Institute Act, which prohibit the use of pesticides without a fumigation license. The Penal Code's prohibition on fouling of water also applies to any individuals or businesses who use poison or pesticides to capture fish.

Also, section 27(1) of the 1989 Fisheries Regulations provides that: "No person shall cause or knowingly permit to flow or pass into water any solid, liquid or gaseous matter, or cause water pollution in any lake river, dam, estuary or sea water." In addition, section 27(2) of the regulations applies the "polluter pays principle" and requires the Director of Fisheries to maintain and establish a system of consultation and cooperation with appropriate officials in the Ministry responsible for Industries or any other person or body of persons established by any written law for the purpose of requiring any person or body of persons who contravenes the provisions of this Regulation to clean the polluted water within a reasonable period at his own expense." The results of these regulations are that any person (including businesses) who knowingly pollutes the water will be in violation of the Fisheries Regulations and subject to prosecution and possibly payment of a sum sufficient to clean the polluted area. These regulations apply to those in the fishing industry as well as others.

Section 18 of the Fisheries Act also permits the Director of Fisheries to impose conditions on fishing licenses, including:

1. Methods used in fishing and disposal of fish and use of any equipment, appliance, instrument, net, fishing gear, dams or any other means whatsoever.
2. Introducing closed periods and fishing zones.
3. Regulating the number of fishermen, number, size, and type of fishing vessels to be engaged, type and size for fishing gear or any pieces of equipment, appliance or instrument to be employed for any purpose in relation to fishing.
4. Minimum length or size of any species of fish which may be captured or killed.
5. Manner in which any fish or species of fish or any fish products shall be graded, cured, processed, preserved, marked or marketed;
6. Preparation, purchase, sales or disposal of fish or fish products, including fish offals.

Additional fisheries regulations were passed in 1994 (GN 369/94) which take the steps listed in the Act for conditions on licensing. The intent of the Fisheries (General Amendment) Regulations is stated as provision of a safe environment for living marine organisms such that adequate time is present for reproduction and survival of adequate stocks. The regulations also require certificates of ownership for shells and shark jaws. The regulations also set all fees, for example for vessel licenses, fishing, and shore-based processing facilities.

Finally, some specific prohibitions exist in the two sets of regulations. First, no person shall fish, kill sea turtles, possess turtle shells or deal in turtle shells or any other species classified as endangered in any international convention to which Tanzania is a party. Second, as of 1 January 1996, all trawlers are banned from fishing in Lake Victoria. Trawlers of certain sizes are also banned from that date in the Indian Ocean (Tanzania Territorial Waters). Third, beach seine, dagaa net with mesh size of less than 10.0 mm., and gill net with mesh size of less than 127.0 mm. are now banned from use on Lake Victoria. Fourth, fishnet or seine (Juya la Kojani), "kavogo" type of fishing is banned in the Indian Ocean (Tanzania Territorial Waters). Fifth, no person shall willfully disturb any spawn, or spawning fish or any bed, bank or shallow water in which there is any spawn or spawning fish provided that nothing in this regulation shall affect any legal right to take any material or water from any waters. Sixth, no person shall use trawl nets or otherwise engage in trawling in Lake Victoria:

• In waters of depth of 20 metres or less, or,
• In any bay, gulf, or inlet of the lake.

Eighth, no person shall use or cause another person to use trawl net with mesh size less than 100 mm. in the cod-end in any area of Lake Victoria. Ninth, no person shall use for fishing monofilament nets in all freshwater fisheries, or harpoon guns, spear guns, except where he is authorized to do so by regulations made under the Act.

Violations of the Act and accompanying regulations are offenses and penalties vary depending upon the offense committed.