Mauritius
Fisheries and Marine Resources Act
Act 27 of 2008
- Commenced on 8 May 2008
- [This is the version of this document at 30 June 2017.]
Part I – Preliminary
1. Short title
This Act may be cited as the Fisheries and Marine Resources Act.2. Interpretation
In this Act—"agent" means a person in Mauritius who—(a)is appointed by an owner or operator of a vessel operating under a licence issued under this Act; and(b)is authorised to receive, or is capable of responding to, any legal process issued in Mauritius against his principal;"bait gear" means a gear used for catching fish to be used as bait, referred to in section 29;"barachois" means a pond—(a)within or adjacent to the sea; and(b)enclosed by a weir or dam through which the sea flows and reflows;"basket trap" means a basket trap referred to in section 28;"boat" means any canoe, raft, floating platform or watercraft less than 24 metres overall length;"canard net" means a net—(a)which is used in conjunction with a large net for catching mullets;(b)which does not exceed 100 metres in length and 5 metres in width;(c)which is made of several layers of nets fitted with poles to maintain the whole net afloat on the surface of the water; and(d)the meshes of any of the layers of which measure not less than 9 centimetres when stretched diagonally;"drift net" means any net—(a)with any one side of which exceeds 250 metres; and(b)is fitted with floats or weights which make it hang vertically at the surface level of the sea, in mid-water or from the floor of the sea;"explosive" has the meaning assigned to it by the Explosives Act;"fish" means any aquatic organism, other than a bird, and includes any shell or coral;"fish aggregating device" means—(a)a device placed in water to attract fish; or(b)a naturally floating object which attracts fish and to which a device has been placed to facilitate its location;"fish farm" means a pond, tank, barachois, fish hatchery, structure, area or any area in a fish farming zone where fish farming or fish culture is carried out;"fish farm operator" means the person holding an authorisation under section 8 to operate a fish farm;"fish farming zone" means a fish farming zone referred to in section 8A;"fish landing station" means an area so prescribed under section 20 (1);"fish product" means—(a)any fish or part of any fish; or(b)any fresh, prepared, processed or frozen fish products;"fishery control officer" means a Fisheries Officer and includes—(a)a police officer;(b)an officer of the Customs Department of the Mauritius Revenue Authority;(c)a forest officer;(d)an authorised officer under the Food Act;(e)a veterinary officer; or(f)an authorised officer of the Ministry responsible for commerce;"fishing"—(a)means—(i)catching;(ii)collecting;(iii)killing; or(iv)destroying,any fish by any method; and(b)includes—(i)searching for fish for the purpose of catching, collecting, killing or destroying the fish;(ii)placing, searching for or retrieving, a fish aggregating device;"fishing boat" means a boat used for fishing and fishing related activities but excludes a boat used for fishing as sport, water sport or for any other recreational purpose;"fishing vessel" means a vessel used for, or equipped to be used for, fishing or related activity, other than a fishing boat;"foreign fishing boat" means a fishing boat, other than a Mauritian fishing boat;"foreign fishing vessel" means a fishing vessel, other than a Mauritian fishing vessel;"gear" means a net, a line, a hook, a lure, or a device, used or intended to be used for fishing;"gear licence" means a licence referred to in section 28;"gear licensee" means the holder of a licence in respect of a gear;"gill net" means a net which—(a)is set for catching fish;(b)does not exceed 250 metres in length and 2.5 metres in width; and(c)is made up of square meshes measuring not less than 11 centimetres when stretched diagonally;"identification mark" means a mark assigned to a gear, or fishing boat by the Permanent Secretary under section 29 (5) or 40 (1);"landing net" means a net in the form of a bag having—(a)meshes of any size; and(b)a hoop measuring not more than 50 centimetres in diameter and fitted with a handle;"large net" means a net which—(a)does not exceed 500 metres in length and 2.5 metres in width; and(b)is made up of square meshes measuring not less than 9 centimetres when stretched diagonally;"light stick" means a device, which is attached to a submerged fishing gear, which contains chemical substances capable of producing light through a chemical reaction inducing chemoluminescence, not requiring electrical power source;"maritime zones" has the meaning assigned to them by section 2 of the Maritime Zones Act;"master" means the person in charge of a boat or vessel;"Mauritian fishing boat" means a boat which is registered under section 44;"Mauritian fishing vessel" means a vessel which is—(a)registered in Mauritius under the Merchant Shipping Act; and(b)is wholly owned by—(i)the State of Mauritius;(ii)a statutory corporation in Mauritius;(iii)one or more persons who are citizens of Mauritius; or(iv)a body corporate, a company or other association incorporated or established under the laws of Mauritius and having a place of business in Mauritius;"Minister" means the Minister to whom responsibility for the subject of fisheries and marine resources is assigned;"net" means a net, mounted or unmounted, which is used, or intended to be used for fishing;"offshore terminal" means any place or structure prescribed for the purposes of landing or transhipping fish or fish products;"ornamental fish" means live fish kept in an aquarium, tank, pond or container for decorative or display purposes and not intended for release;"owner" in relation to a vessel—(a)means a person who owns the vessel; and(b)includes—(i)a charterer, whether bareboat, time or voyage;(ii)a person who acts in the capacity of a charterer;(iii)a party upon whom control over the destination, function or operation of the vessel is conferred under a management agreement or a similar agreement;"pass" means a passage through the reefs and includes the entrance to any harbour, bay or creek;"Permanent Secretary" means the Permanent Secretary of the Ministry responsible for the subject of fisheries and marine resources;"place of business" means the place where meetings of the directors of the body corporate owning a fishing boat or a fishing vessel are regularly held;"pocket net" means a net—(a)not exceeding 15 metres in length and 12 metres in width;(b)with 2 arms, each of which shall not exceed 10 metres in length and 2.5 metres in width;(c)which is made up of square meshes measuring not less than 9 centimetres when stretched diagonally; and(d)which is used in conjunction with a large net;"poisonous substance" means any substance likely to kill, stun or injure any fish or damage or pollute aquatic ecosystems;"position fixing instrument" means any device, instrument or equipment placed on board a fishing boat or fishing vessel, which transmits automatically, either independently or in conjunction with other instruments, information relating to the position of the boat or vessel;"related activity" in relation to fishing, means the operation of a boat, vessel or mother vessel in conjunction with fishing operations and includes—(a)storing, transhipping, processing or transporting of fish or any fish product taken in the maritime zones, or in the course of high seas fishing up to the time it is first landed;(b)refuelling or supplying fishing boats or fishing vessels; or(c)performing any other activity in support of fishing operations;"sell" includes—(a)hawk;(b)expose for sale;(c)keep for sale;(d)offer for sale; and(e)convey or consign for the purpose of sale;"shrimp net" means a net in the form of a bag not exceeding 2 square metres which—(a)is used for catching shrimps; and(b)is fitted with a hoop measuring not more than 50 centimetres diametrically or diagonally; or(c)is mounted on 2 handles and fitted with weights;"speargun" means a device fitted with a trigger and a spear;"structure" includes any jetty, slipway, ramp, dam, pier, building, gate, cairn, marina, pontoon or platform;"territorial sea" has the same meaning as in the Maritime Zones Act;"toxic fish" means any fish prescribed as being toxic fish;"undersized fish" in relation to fishing, means a fish the size of which is less than the size prescribed for that species of fish;"underwater fishing" means fishing by diving or with the use of a snorkel, flippers, goggles or similar equipment;"vessel" means any vessel, ship, carrier vessel or any other craft, other than a boat;"wetland"—(a)means an area of marsh whether—(i)natural or artificial; or(ii)permanently or temporarily with water which is static or flowing, brackish, or salty; and(b)includes areas of marine water.[S. 2 amended by s. 11 (a) of Act 18 of 2008 w.e.f. 19 July 2008.]Part II – Management of fisheries and administration
3. Consultative Committees
4. Marine Protected Areas
5. Marine Protected Area Fund
6. Record of fishing boats and fishing vessels
7. Confidentiality
A fishery control officer or any officer having access by virtue of his functions to any information under this Act shall not use or disclose such information except for the purposes of—Part III – Fish farming
8. Fish farming
8A. Fish farming zones and fish farming industry
Notwithstanding any other enactment, the areas of the sea specified in the First Schedule shall, for the purpose of this Part, be used to develop a fish farming industry in respect of such fish farming activities as may be prescribed.[S. 8A inserted by s. 11 (c) of Act 18 of 2008 w.e.f. 19 July 2008; repealed and replaced by s. 12 (a) of Act 20 of 2011 w.e.f. 1 March 2014.]8B. Authorisation to carry out fish farming in the sea
8C. Concession of area in fish farming zones
8D. Marked-off areas in fish farming zones
8E. Cancellation or suspension of concessions
Where a company obtains a concession under section 8C and the company—8F. Removal of concession right
The Prime Minister may, on the ground of public interest, or of the implementation of a project of national interest that modifies the status of the fish farming zone, remove a concession from a concessionaire, subject to payment of a reasonable compensation to the concessionaire.[S. 8F inserted by s. 11 (c) of Act 18 of 2008 w.e.f. 19 July 2008.]9. Fishing in fish farms
10. Disease outbreak
Part IV – Control of fishing activities
11. Registration of fishermen
12. Prohibited fishing methods and gears
13. Prohibition of underwater fishing
14. Closed periods
15. Fish aggregating device
16. Protection of fish
17. Landing, possession and sale of fish
18. Fishing with the aid of artificial light
19. Fishing in pass
No person shall—20. Fish landing stations
21. Sale and origin of fish
Part V – Import, export and manufacturing
22. Import of fish and fish products
23. Import of live fish
24. Illegal import of fish
No person shall, within Mauritius or the maritime zones—25. Export of fish and fish products
26. Import, sale and manufacture of gear
27. Import and construction of fishing boat and fishing vessel
Part VI – Licensing
A - Gears
28. Gear licences
29. Application for and issue of licences
30. Limitation on number of licences
31. Gear licence not transferable
32. Duties of gear licensees
A gear licensee shall—33. Disposal of licensed gears
B - Fishing boats and fishing vessels
34. Foreign fishing boat or foreign fishing vessel licence
35. Licence and international agreement
36. Licence issued to a Mauritian fishing boat or fishing vessel
37. Conditions of licences
The terms and conditions imposed under sections 34 (3) and 36 (5) may include—38. Validity
Part VII – Obligations relating to fishing boats and fishing vessels
A - General provisions
39. Transhipment
40. Marking
41. Reporting
B - Mauritian fishing boats and Mauritian fishing vessels
42. Registration of Mauritian fishing boats
43. Mauritian fishing boats
A fishing boat shall qualify for registration as a Mauritian fishing boat where it is wholly owned by—44. Application for registration
45. Cancellation of registration
46. Transfer and modification of fishing boat
47. Landing
48. Mooring
No person shall moor a fishing boat or fishing vessel in an area within which the use of a fishing boat, a fishing vessel or a pleasure craft is prohibited under any enactment.49. Abandoned fishing boats
50. Departure of licensed Mauritian fishing boats and licensed Mauritian fishing vessels
51. Arrival of licensed Mauritian fishing boats or licensed Mauritian fishing vessels
C - Foreign fishing boats or foreign fishing vessels
52. Stowage
The master of a foreign fishing boat or a foreign fishing vessel shall keep its gear stowed—53. Entry into and exit from the maritime zones
The master of any foreign fishing boat or foreign fishing vessel or his agent shall provide, by letter, fax or e-mail, to the Permanent Secretary at least 24 hours before the boat or vessel enters into, or exits from, the maritime zones, its position at the time of entry into, or exit from, the zones and the quantity of fish on board by species.54. Entry into a Mauritian port
The master of any foreign fishing boat or foreign fishing vessel or his agent shall, by letter, fax or e-mail, at least 72 hours before entry into port, notify the Permanent Secretary and inform him of the purpose of its call into port, submit to him a copy of the vessel, or boat’s authorisation to fish, and information on the quantity of fish on board.Part VIII – Enforcement
55. Warrant to enter and search
56. Liability of owners of gears used in commission of offences
57. Implementation of international fishery conservation and management measures
58. Power of search and seizure
59. Power to arrest and detain
Where a fishery control officer finds a person fishing or conducting any related activity, or in possession of any fish or gear, or selling fish caught, in breach of this Act, he may, without a warrant—60. Seizure of fish
A fishery control officer may seize any fish or fish product caught, landed, sold or stored, in breach of this Act.61. Duties of fishery control officers
A fishery control officer shall, while in the exercise of his powers under this Act, produce on request such means of identification as determined by the Permanent Secretary for the purposes of enforcing this Act.62. Pursuit beyond the maritime zones
63. Custody of seized items
64. Custody and disposal of found items
65. Security for release of seized items
66. Disposal of fish
67. Application of Public Officers’ Protection Act
The Public Officers Protection Act shall apply to any fact, act or omission under this Act notwithstanding the fact that the fact, act or omission took place outside the maritime zones in accordance with section 58 or 62.68. Suspension and cancellation
Part IX – Offences and penalties
69. Protection of aquatic ecosystem
70. Offences and penalties
71. Forfeiture
Where a person is convicted of an offence under this Act, the Court may, in addition to any other penalty—72. Giving false information and tampering with evidence
A person who—Part X – Miscellaneous
73. Jurisdiction
74. Regulations
75. Compounding
76. Rewards
77. Photographic evidence
78. Position fixing instrument
79. ***
80. ***
81. ***
82. ***
History of this document
30 June 2017 this version
Consolidation
08 May 2008
Commenced