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IN exercise of the powers
conferred on the Commissioner
responsible for Agriculture by
section 23 of the Fisheries
Decree, 1979 (A.F.R.C.D. 30) these
Regulations are made this 15th day
of September, 1979.
Regulation 1—Licences.
(1) A licence for a motor fishing
vessel shall be in the form set
out in the First Schedule to these
Regulations.
(2) The fee payable for a licence
in respect of a motor fishing
vessel shall be in accordance with
the Second Schedule to these
Regulations.
(3) Where in the case of tuna
vessels a motor vessel operates
with catchers as a unit the fee
prescribed shall apply to the
motor vessel.
(4) Notwithstanding anything to
the contrary, the provisions of
this regulation shall apply to any
vessel affected by any agreement
entered into under the proviso to
paragraph (a) of subsection (1) of
section 3 of the Fisheries Decree,
1972 (N.R.C.D. 87) in respect of
any period falling after the
commencement of these Regulations.
Regulation 2—Use of Explosives or
of Poisonous Matter Prohibited.
No person shall within Ghana take
or destroy or attempt to take or
destroy any fish by the use of
dynamite, gelignite or other
explosive substance, or by the use
of any noxious or poisonous
matter.
Regulation 3—No seine net to be
used without permit.
(1) No person shall use a seine
net in any river unless a permit
in the form set out in the Third
Schedule to these Regulations for
the use of such net has been
granted by the Director of
Fisheries or any persons
authorised by him to act on his
behalf; and any reference to the
Director of Fisheries shall be
construed as including any such
person.
(2) No permit shall be issued in
respect of a seine net having a
bag the mesh of which is less than
50 millimetres in stretched
diagonal length.
(3) A permit for the use of a
seine net may for good cause be
revoked by the Director of
Fisheries.
(4) For the purposes of this
regulation, "seine net" means any
net having two wings joined to a
bag at its centre, and which for
the purposes of taking fish is
drawn through the water by means
of ropes attached to the outer end
of each wing.
Regulation 4—No set Net to be used
unless of Specified Mesh.
(1) No person shall use a set net
in any river or dam unless the
mesh of such net is not less than
50 millimetres in stretched
diagonal length.
(2) For the purpose of this
regulation "set net" means any net
that for the purpose of taking
fish is anchored to the bed of the
river.
Regulation 5—Importation and
Selling of Certain Type of Fishing
Net Prohibited.
No person shall import into or
sell in Ghana any fishing net or
netting, the mesh of which is less
than 25 millimeters in stretched
diagonal length.
Regulation 6—Permit to Import or
Export Live Fish.
(1) No person shall import into or
export out of Ghana any live fish
except under and in accordance
with the terms of a permit issued
by the Licensing Officer.
(2) The permit to be issued under
this regulation shall be subject
to such conditions as the
Licensing Officer may think
necessary or expedient and shall
be in the form set out in the
Fourth Schedule to these
Regulations.
Regulation 7—Minimum Requirements
of Mesh.
No person shall operate from or
carry upon or in any motor fishing
vessel a trawl net the mesh of
which is less than 70 millimetres
in stretched diagonal length.
Regulation 8—Seaworthiness.
(1) A motor fishing vessel shall
be sound and seaworthy and its
engine shall be kept in
serviceable and good condition.
(2) The Licensing Officer may
cancel or suspend the licence of
any motor fishing vessel which in
his opinion does not comply with
the requirements of this
regulation.
Regulation 9—Lights to be Carried
by Motor Vessels.
A
motor fishing vessel, according to
its waterline length as hereunder
specified, shall carry the
following lights between sunset
and sunrise:—
(1) exceeding 12 metres in
waterline length:
(a) When under way—
(i)
a white light showing ahead from
22 1/2 degrees abaft the starboard
beam to 22 1/2 degrees abaft the
port beam;
(ii) a green light carried below
the white light showing from right
ahead to 22 1/2 degrees abaft the
starboard beam;
(iii) a red light carried below
the white light showing from right
ahead 22 1/2 degrees abaft the
port beam;
(iv) a white light at stern
showing from right abaft to 67 1/2
degrees on either side of the
vessel.
(b) When trawling—
(i)
a tricolour lantern showing a
white light ahead from 22 1/2
degrees on the starboard bow to 22
1/2 degrees on the port bow; a
green light showing from 22 1/2
degrees on the starboard bow to 22
1/2 degrees abaft the starboard
beam, and a red light showing from
22 1/2 degrees on the port bow to
22 1/2 degrees abaft the port
beam.
(ii) a white light showing all
round the horizon, such white
light being carried below the
tricolour lanter
(c) When at anchor, a white light
showing all round the horizon.
(2) not exceeding 12 metres but
exceeding 8 metres—
(a) When under way—
(i)
a white light showing ahead from
22 1/2 degrees abaft the starboard
beam to 22 1/2 degrees abaft the
port beam;
(ii) a green light carried below
the white light showing from right
ahead to 22 1/2 degrees abaft the
port beam.
(b) When trawling or at anchor, a
white light showing all round the
horizon.
(3) A motor fishing vessel not
exceeding 8 metres in waterline
length or a fishing vessel
including a canoe not being a
motor fishing vessel when under
way or at anchor between sunset
and sunrise shall carry a white
light showing all round the
horizon.
Regulation 10—Equipment to be
carried by Motor Vessels.
A
motor fishing vessel according to
its waterline length as hereunder
specified shall carry the
following items of equipment, each
of which shall be of a type
approved by the Licensing Officer
for such vessels:—
(1) exceeding 8 metres in
waterline length—
(a) one anchor and chain cable:
(b) one compass;
(c) one horn or other instrument
for producing sound signals;
(d) two fire extinguishers, one of
which shall be placed near the
engine and one forward thereof.
Where the engine is situated in a
closed compartment or below the
deck the fire extinguisher near it
shall be of the foam, carbon
dioxide or powder type.
(2) not exceeding 12 metres but
exceeding 8 metres in waterline
length: life belts or lifebuoys or
other buoyant apparatus sufficient
to support all the members of its
normal crew. Such lifebelts,
lifebuoys or buoyants shall be of
a type approved by the Licensing
Officer.
(3) exceeding 12 metres in
waterline length—
(a) an inflatable liferaft of a
size to accommodate all the
members of the vessel's normal
crew, the type of liferaft to be
approved by the Licensing Officer;
(b) flares or other pyrotechnic
distress signals of a type and in
such quantity as the Licensing
Officer may specify;
(c) a tow rope, chain or wire
approved by the Licensing Officer
as suitable for towing such
vessel.
Regulation 11—Light and Equipment
to be Carried by Small Vessels.
(1) The following lights shall be
carried by all small fishing
vessels including canoes whether
operative under paddle or sail or
driven by outboard motor between
the hours of dusk and dawn, that
is to say
(a) a white light of a pattern
approved by the Director of
Fisheries such as a well-made
hurricane lantern visible all
round the horizon and suspended
from the mast as high as possible.
(b) a flare up light such as a
piece of cloth soaked in kerosene
or other inflammable oil which can
be ignited to produce a
substantial flare in time to avoid
a collision.
(2) All small fishing vessels
including canoes which are driven
by an outboard motor shall at all
times whilst at sea carry—
(a) a sail and rigging of normal
pattern; and
(b) a normal complement of paddles
or oars.
Regulation 12—Fishing Coxwain's
Certificate of Competency.
(1) A motor fishing vessel
exceeding 8 metres in waterline
length when under way or fishing
shall be in the charge of a person
holding a certificate of
competency as a Fishing Coxwain.
(2) The certificate of competency
required under this regulation
shall be in the form set out in
the Fifth Schedule to these
Regulations and shall be issued by
the Licensing Officer to any
person who, having applied for
such a certificate—
(a) passes such examination as the
Licensing Officer may prescribe;
(b) satisfies the Licensing
Officer that he is a fit and
proper person to be in charge of a
motor fishing vessel; and
(c) pays a fee of fifty pesewas
for such examination and a further
fee of fifty pesewas for the issue
of such certificate of competency.
Regulation 13—Penalties.
(1) Any person who contravenes or
fails to comply with any of the
provisions of these Regulations
shall be guilty of an offence and
liable upon summary conviction to
a fine not exceeding ¢50,000.00 or
to imprisonment for a term not
exceeding two years or to both,
and in the case of a continuing
contravention or failure to comply
with these Regulations, an
additional fine not exceeding
¢200.00 in respect of each day on
which the offence continues.
(2) In addition to any fine
imposed under subsection (1) of
this regulation the court before
which any person is convicted of
an offence under this regulation
may order the forfeiture to the
State of the fish, vessel,
apparatus or thing whatsoever
involved in the commission of the
offence.
(3) Notwithstanding the provisions
of sub-regulation (1) of this
regulation the Commissioner
responsible for Agriculture may
impose a civil penalty not
exceeding ¢1,000,000.00 in lieu of
or in addition to other penalty
already prescribed.
(4) Where the contravention
involves the carrying on of
fishing operations in Ghana
without a licence and the vessel
involved is a vessel registered in
a country other than Ghana or
owned wholly by persons other than
Ghanaians, the penalty imposed by
the Commissioner under
subregulation (3) of this
regulation may be prescribed to be
paid in convertible foreign
currency.
(5) The amount of any civil
penalty imposed by the
Commissioner under subregulation
(3) of this regulation shall take
into account the nature,
circumstances, extent and gravity
of the contravention, and with
respect to the person responsible
for the contravention the degree
of culpability, any history of
previous offences and such other
matters as justice may require.
Regulation 14—Revocation
The Fisheries Regulations, 1964
(LI 364) is hereby revoked.
Regulation 15—Commencement
These Regulations shall come into
force on the 15th day of
September, 1979.
SCHEDULES
FIRST SCHEDULE
Regulation 1 (1)
FISHERIES DECREE, 1979 (A.F.R.C.D.
30)
FISHERIES REGULATIONS, 1979
(Motor Fishing Vessel Licence
(granted under regulation 1(1))
Gross registered tonnage in metric
tonnes..................Fee paid:
C..........……......The motor
fishing vessel
(name).…………………………….……………………………….bearing
(letter and
number)...................and..............owned
by..........................
of.........................is
hereby licensed to be operated and
navigated within Ghana for the
purpose of taking fish therein
from the day
of
19
2. This licence is subject to the
following conditions:—
Issued at
this day
of 19
............................
……………..………….................
Licensing Officer
SECOND SCHEDULE
Regulation 1 (2)
(A)—LICENCE FEES FOR FISHING
VESSELS OTHER THAN TUNA VESSELS
BUILT OR REGISTERED IN GHANA
LICENSING FEE
Gross Registered
Tonnage
Annual
Quarter
up
to
CC
-15 tonnes.. ..
.. .. ..
.. 64.00 18.00
16-50 .. ..
.. .. .. ..
112.00 30.00
51-80 .. ..
.. .. .. ..
128.00 35.00
81-100 .. ..
.. .. .. ..
184.00 50.00
101-150 .. ..
.. .. .. ..
24.00 60.00
151-200 .. ..
.. .. .. ..
272.00 72.00
201-300 .. ..
.. .. .. ..
304.00 80.00
301-400 .. ..
.. .. .. ..
336.00 88.00
401-500 .. ..
.. .. .. ..
368.00 95.00
501-600 .. ..
.. .. .. ..
480.00 125.00
601-700 .. ..
.. .. .. ..
500.00 135.00
701-800 ..
.. .. .. ..
550.00 145.00
800 and above ..
.. .. .. ..
600.00 160.00
(B)—LICENCE FEES FOR TUNA VESSELS
Category
Licence Fee
(1) Tuna vessels wholly owned by
Ghanaians Same as specified
in Part (A) for motor fishing
vessels other than tuna
vessels
(2) Tuna vessels partly owned by
Ghanaians ¢50.00 per gross
registered tonnage of vessels per
annum.
(3) Chartered tuna vessels US
$150.00 per gross registered
tonnage of vessel per
annum.
(4) Foreign tuna vessels or
carriers used for tuna
transhipment US $200.00 per call.
(5) Ghanaian-owned tuna vessels or
carriers used for tuna
transhipment ¢200.00 per
call.
(6) Long liner tuna vessels which
call at Ghana ports for not more
than twice a year US $2,000.00
per call.
THIRD SCHEDULE
FISHERIES REGULATIONS, 1979
Regulation 3 (1)
SEINE NET PERMIT
(granted under regulation 3 (1))
Permit No...........
Permission is hereby granted to
.................................
of ....……….............………………
to use one seine net in
the.................... river,
within the................
district until the 31st December,
19.... subject to the following
conditions:—
Issued
this day
of , 19
.........................
..........……………………………
Director of Fisheries
FOURTH SCHEDULE
FISHERIES REGULATIONS, 1979
Regulation 6(2)
IMPORT/EXPORT PERMIT FOR LIVE FISH
(granted under regulation 6(2))
Permission is hereby granted
to.................. of....... to
*import into/export out of Ghana
live fish of the description and
in the quantity specified hereon.
Description
.........................................................
Quantity
..............................................................
This permit is subject to the
following conditions:—
Issued
at
this day
of ,
19....................................
...............……..........................…
Licensing Officer
*Strike out whichever is
inapplicable.
FIFTH SCHEDULE
FISHERIES REGULATIONS, 1979
CERTIFICATE OF COMPETENCY -
FISHING COXWAIN
(granted under regulation 12(2))
I hereby certify
that.....................................
of...........................................
is competent to serve as a Fishing
Coxwain in charge of a motor
fishing
vessel........................................
Licensing Officer
Photograph of Holder
………………….....……………………..
Signature or right thumbprint of
Holder
ABAYIFAA KARBO
Commissioner responsible for
Agriculture
Date of Gazette Notification: 23rd
October, 1979.
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