OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 9th Year No. 32 ADDIS ABABA - 4h February , 2003 CONTENTS Proclamation No. 315/2003 Fisheries Development and Utilization Proclamation Page 2083 PROCLAMATION NO . 315/2003 FISHERIES DEVELOPMENT AND UTILIZATION PROCLAMATION WHEREAS , Ethiopia has fisheries potential which has importance as source of food and provides economic benefits ; WHEREAS , it has become necessary to give attention WHEREAS , it is necessary to establish a fisheries law to enable a sustainable development of the resource and since NOW , THEREFORE , in accordance with Article 55 ( 1 ) of the Constitution of the Federal Democratic Republic of Ethiopia , it is hereby proclaimed as follows : PART ONE General 1. Short Title This proclamation may be cited as the “ Fisheries Development and Utilization Proclamation No. 315 / 2. Definition Unless the context requires otherwise , in this Proclamation : 1 ) “ Fish ” means ' any fish species , crustanceans , mollusks , including their eggs , spawn , fries or fingerlings ; 2 ) “ Fisheries Resource ” means the fish stocks con tained in natural and man - made water bodies ; Unit Price 3.40 The African Law Archive 3 ) “ Aquaculture ” means the breeding and / or cul tivation of fish , and including other related activities , in natural and man - made water bodies under con trolled condition ; 4 ) “ Aquaculture Facility ” means any specific place or area where aquaculture activity is undertaken but does not include a personal aquarium ; 5 ) “ Fishing ” means the catching , killing or taking of fish for whatever purpose using any method from any water body ; 6 ) “ Subsistence Fishing ” means fishing solely for the purpose of self and family consumption ; 7 ) Comměrcját Fishing ” means , fishing for the pur pose of commercial or monetary gain where all or part of the catch will be destined for sale or bartering ; 8 ) “ Recreational fishing ” means fishing solely for the purpose of pleasure uşing single hood and moño filament nylon line ; 9 ) : “ Research Fishing ” means fishing for the purpose of scientific , experimental , and other studies . or for .. the purpose of stocking fish into any water body including collecting fish for aquarium , museums and 10 ) “ Person ” means any natural person or juridical entity ; 11 ) “ Fisher ” ' means a person who physically undertakes fishing ; 12 ) “ Protected Fishery Area ” means a fully or partially demarcated geographical area of any water body where , except for research , fishing is prohibited for the protection of the inhabiting fish species or for other purposes ; 13 ) “ Fishing Boat ” means any floating vessel made of steel , timber , wood , bamboo , reed or other similar material used for fishing ; : 14 ) “ Fishing Gear ” means any net , trap , sieve , mono filament nylon line , hook , and any other similar , equipment used for fishing ; 15 ) “ Ministry ” or “ “ Minister ” means the Ministry or Minister of Agriculture respectively ; 16 ) “ Region " means any Regional Administration specified under Article 47 ( 1 ) of the Constitution of the Federal Democratic Repubic of Ethiopia and includes , for the purpose of this Proclamation , Addis Ababa City and Dire Dawa Administrations ; 17 ) “ Fishery Inspector ” means any appropriate person duly authorized by the Ministry or by the concerned Regional Authority to implement this proclamation as well as regulations and directives issued hereun der with respect to its power . 3. Objective The objectives of this proclamation are : 1 ) to conserve fish biodiversity and its environment as well as to prevent and control over - exploitation of the fisheries resource ; 2 ) to increase the supply of safe and good quality fish and to ensure a sustainable contribution of the fisheries towards food security ; and 3 ) to expand aquaculture development . The African Law Archive No. 32 4 February , 2003- ~ Page 2085 4. Scope of Application This proclamation shall be applicable to all water bodies found within the boundary of Ethiopia such as lakes , rivers , streams , reservoirs , ponds , and marshy areas where fish are bred and where fishing , preparing , activities and marketing takes place . PART TWO Fisheries Resource Utilization 5. Capture Fisheries from Natural and Man - made Water Bodies 1 ) Any person who wishes to undertake commercial fishing from natural and man made water bodies shall do so upon acquisition of a legal fishing permit . 2 ) Transferring a fishing license by any means to another person is prohibited . 3 ) Any person who undertakes subsistence fishing , commercial fishing or recreational fishing within a national park or a reserved fishery area shall hold a written permit from the authority responsible to administer the parks . 4 ) Any person who wishes to undertake subsistence fishing , commercial fishing or recreational fishing within a protected fishery area shall obtain a written permit from the Ministry or concerned Regional Authoritym . 5 ) A non - national who wishes to undertake recreational fishing shall do so upon acquisition of a written permit from the Ministry or from the concerned Regional Authority . 6 ) Any person who wishes to undertake subsistence fishing , commercial fishing , or recreational fishing on a fisheries resource , subject to a concession granted according to Article 7 of this proclamation , shall do so with permission from the concerned concessionaire . 7 ) Fishing using illegal fishing materials , and presence near and on the water bodies holding things such as explosives , ammunition , poisons , fish narcotising plant or any device capable of producing electric current is forbidden except for the purpose of research . 8 ) Fishing from any water body by way of sifting is prohibited . 9 ) Any person who wishes to undertake fishing research on the water bodies of the country shall do so by obtaining a permit from the authorized Federal or Regional Government organ designated to direct research activities and , as may be necessary , the body authorized to administer water resources . 10 ) Any person who wishes to import or export any type of exotic live fish species shall have a written permit from the Ministry . 11 ) Any person who wishes to transfer live fish which has been exported with permit , or an indiginous species from one Regional water body to another Regional water body have to do so with a written permit from the Ministry . 12 ) Any person who wishes to transfer live fish from one water body fully contained in the region into another water body which is also fully contained in the same region shall do so with a written permit from the Ministry . The African Law Archive 6. Aquaculture 1 ) Any person who wishes to establish aquaculture facility or undertake aquaculture for commercial purpose shall do so upon acquisition of a permit , as may be appropriate , from the Federal or Regional Authority . 2 ) A permit shall be issued to any person who wishes to establish an aquaculture facility of practice aquacul ture only when it is verified that : a ) there is sufficient land and surface / ground water and there is a permit from the appropriate federal or regional administrative organ to utilize water that is required for the aquaculture facility or to establish the facility on natural water bodies ; and b ) establishment of the aquaculture facility does not have a negative impact on the surrounding environment or on the fish species inhabitting the water bodies in the basin . 3 ) The Ministry or the concerned Regional Authority shall take an appropriate measure when it is convin ced that there is a risk that a fish disease in the aquaculture facility may spread into the surrounding or into the water basin . 4 ) The Ministry shall , as may be necessary , issue directives regarding standards for the establishment and operation of aquaculture facilities and aquacul ture . Issuance of Fisheries Resource Concession The Council of Ministers or Regional Governments may issue laws regarding the issuance of concession to one or more than one person as well as to regulate the utilization and sustainable development of the fisheries resource of any water body subject to concession . 8. Environmental Protection The concerned organs of the Federal or Regional Governments shall ensure that development programmes and projects are drawn up in such a way that they will not have direct or indirect negative impact on the fisheries resource constituted in the basin where the programmes or projects are intended to be implemented . 9. Transboundary and Transregional Fisheries Resources 1 ) The Ministry may negotiate and enter into agreements with the respective neighboring coun tries regarding the development of transboundary fisheries resources . 2 ) Regional Administations shall co - operate to ensure that fisheries in transregional water bodies are managed according to the principles set out in this Proclamation . 3 ) The Council of Ministers may issue regulations to appropriately develop trans regional fisheries resources when it is verified that the implementation of the agreement entered into between the concerned regions , regarding the development of the fisheries resources shared between them has failed . 10. Handling of Fish Products Fish and fish product handling , processing , storage , transportation and trade shall meet the requirements of fish quality and trade standards procedure . Details shall be determined by regulations issued pursuant to this proclamation . The African Law Archive 11. Fisheries Information Exchange 1 ) To assist the implementation of this proclamation , the Regional Administrations shall collect and compute data regarding fisheries and submit same to the Ministry , 2 ) The Ministry shall , by evaluating and interpreting the fisheries data and research results it collects from different sources , disseminate same to Regional Governments and other users . Basic Principles of Fisheries Development and Utilization laws Any fisheries law that may be issued pursuant to this proclamation shall clearly stipulate about protected fishery areas , annual fish catch , types and number of fishing gears , fishing seasons , procedures for issuing , renewal and suspension of fishing license , fish transfer , aquaculture fish trade , safety and quality standards of fish products , prohibited activities , community par ticipation , environmental impact assessment and other related matters . PART THREE Enforcement of the Proclamation Powers and Responsibilities of a Fishery Inspector In order to ensure the implementation of this proclamation , regulations and directives issued hereun der , a fisheries inspector having shown authorization to do so may , without a court warrant . ( a ) stop and search any fisher found on any water body and inspect the fishing boat and / or gears . ( b ) demand any person reasonably suspected of con travening this proclamation and regulations or directives issued persuant to this proclamation to give their names and addresses and to show or as may be appropriate , to produce their identification cards and any other relevant information . ( c ) seize any fish which the inspector has reasonable grounds to belive that the fish has been caught , transported , is being marketed , imported or prepared for export in contravention of this proclamation . ( d ) seize any fishing boat and gear which the inspector has reasonable grounds to prove that the same has been used in contravention of this proclamation and regulations or directives issued thereof . ( e ) cause , as soon as possible , a legal action to be instituted against any person when the inspector has reasonable grounds to believe that the person has committed an offence by contravening this proclamation . ( f ) destroy or otherwise render harmless any fish the inspector has reasonable grounds to prove that it is diseased , contaminated or spoiled . ( g ) demand any fisher to provide information regar ding the gears used , the type and size of fish caught , and the fishing area from which the fish were caught . ( h ) inspect any aquaculture , fish processing , storage , transport and marketing facilities as well as equipment and suspend the permit or close the facilities when they are found to have failed to operate upto the standards . The African Law Archive No. 32 4 February , 2003 – Page 2088 14. Duty to Cooperate Any person shall cooperate with the fishery inspector in providing any evidence and information that may be required in relation to his activities . 15. Regarding Seized Fish , Fishing Gears and Other Goods 1 ) The fishery inspector : ( a ) may sell the marketable fish seized , pursuant to this proclamation , in the presence of the person from whom the fish had been seized in order to prevent spoilage . ( b ) shall ensure that the fishing gears , transport and other equipment seized , pursuant to this proclamation , are well taken care of until the court passes a decision . ( c ) shall give the person , from whom the fish , fishing gears , and other goods were seized , an authenticated receipt stating the date of seizure , sale or disposal , the type and quantity of such goods , and if they are sold , the amount realized from the sale . 2 ) Without prejudice to the Criminal liability of the person from whom fish has been seized due to illegal fishing , the proceeds of the fish seized shall be confiscated . PART FOUR Miscellaneous Provisions 16. Offence and Penalty Any person who : 1 ) is convicted of importing and / or introducing live fish into the waters of Ethiopia or same out of the country or transfers same from one water body to another without a permit or in contravention to the terms of the permit shall be punished with im prisonment for not less than a year and not exceeding three years or with a fine up to Birr 10,000 ( ten thousand Birr ) or with both . 2 ) commits an offence other than those prescribed in Sub - Article ( 1 ) of this Article in contravention to this proclamation as well as regulations and directives issued hereunder shall be punished according to the penal code of Ethiopia . 17. Other Sanctions 1 ) Where any person is convicted of an offence in contravention of this proclamation the court may , in addition to any other penalty imposed on the accused , order : ( a ) the forfeiture of any fishing boat and / or gear used in the commission of the offence . ( b ) the forfeiture of any poison , explosives or any other equipment or substance which has been unlawfully used for fishing . ( c ) the suspension or cancellation of any fishing or fish trade permit . 2 ) Where , following a conviction , any goods seized are not ordered to be forfeited and if any fines remain unpaid within 30 days of the conviction , such goods may be sold and the proceeds shall be used to cover the fines . 3 ) Where , following a prosecution , an accused person is acquitted , any seized fishing gear or other goods shall be returned to the person . If what has been seized is fish , the proceeds that have been realized from the sale shall be given back to the person . The African Law Archive 18. Presumptions of Commission of an Offence 1 ) Any person who , with out good cause , is found in possession of explosives , ammunition , devices capable of producing electric shock , poison or fish narcotizing plants on the waters of Ethiopia , their shores or banks shall be presumed to be under taking an unlawful activity in contravention to Article 5 sub - Article ( 7 ) of this proclamation . 2 ) Any person found transferring live fish without a permit is presumed to be engaged in an unlawful act in contravention to Article 5 sub Articles ( 10 ) , ( 11 ) and ( 12 ) of this proclamation . 19. Relation with Other Laws Any law , regulation , directive and practice which contravenes this proclamation shall not be applicable on matters provided for in this proclamation . 20. Issuance of Laws to Implement this Proclamation To facilitate the implementation of this proclamation : 1 ) The Council of Ministers may issue regulations ; 2 ) The regions may issue their own laws ; and 3 ) The Ministry may issue directives . 21. Effective Date This proclamation shall enter into force as of the 4 " day of February , 2003 . Done at Addis Ababa , this 4 " day of February , 2003 . PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA The African Law Archive