The Fisheries Act
of Maldives 1987
Law No. 5/87 Unofficial Translation
Name
1- This law shall be cited as the “The
Fisheries Law of Maldives”
Fisheries
2- In this law “Fisheries”
means the fishing, capturing, or the taking
of any living resources from the seas
of the Exclusive Economic Zone of the
Maldives, or any activity related thereto.
(Note: “Seas” in this law
means the high seas and the waters inside
the atolls and includes lagoons, shallow
water areas and reefs.)
Formulation of Fisheries Regulations
and fisheries Management and Development
3- (a) The Ministry of Fisheries is hereby
empowered to formulate and administer
regulations on matters relating to fisheries
(b) The Ministry of Fisheries shall oversee
all fisheries activities in the country.
It shall be the obligation of the Ministry
of Fisheries to explore the possibilities
for the development of fisheries, to carry
out the research needed for such development
and to develop fisheries.
Fisheries Information
4- (a) The Ministry of Fisheries shall
collect compile and analyze statistical
and other information necessary for the
management and development of fisheries.
(b) Persons conducting fisheries in the
country shall provide the Ministry of
Fisheries with all fisheries data the
Ministry may require.
Fishing by Foreigners in the Exclusive
Economic Zone of the Country.
5- Commercial fishing in the Exclusive
Economic Zone of the Maldives by foreigners,
or Maldivians jointly with foreigners
shall require the permission of the Ministry
of Trade and Industries.
Licensing
6- (a) Fishing export or any other commercial
purpose in the waters of the Exclusive
Economic Zone of the Maldives beyond the
area most commonly used by Maldivians
for fishing shall be conducted under the
authority of a license form the Ministry
of Trade and Industries, and after the
payment of a fee of such amount as may
be specified by the said Ministry. Any
party so fishing, shall be required to
have a written agreement with the Ministry
of Trade and Industries.
(b) The agreement referred to in paragraph
(a) above shall include the following:-
i) The amount of the license fees and
the royalty payable to the Government.
ii) The Government shall have the right
to suspend or cancel the license of any
party contravening this Law.
iii) The Government shall have the right
to send a person or persons aboard fishing
vessels and inspect them whenever necessary.
iv) If the baitfish required for the fishing
vessel is to be caught in the country,
it shall be done using vessels and methods
traditionally used in the country.
v) Any person contravening this agreement
shall be tried in the courts of the Maldives
and in accordance with the Laws of the
Maldives.
Procedure fro entering
the Exclusive Economic Zone of the country
by fishing vessels without a license.
7- A fishing vessel not licensed under
this Law, entering the Exclusive Economic
Zone of the country, for whatever reason,
is hereby required to obtain the prior
permission of the Ministry of Fisheries,
and every such entry shall be made as
directed by the said Ministry.
Cancellation of License.
8- The Government of the Maldives shall
have the right to cancel the license issued
to a vessel under the provision of Article
6 of this Law, or to cancel the entire
agreement with the party concerned, based
on the magnitude of the offense, if such
a vessel or any person on board such a
vessel has been found to have acted, or
to be acting or planning to act in a manner
that might endanger the peace or security
of the country.
Research fisheries
9- Permission for research fisheries shall
be granted by the Ministry of Fisheries
under specified conditions.
Conservation of living
marine resources for a special purpose.
10- In the event of a special need for
the conservation of any species of the
living marine resources, the Ministry
of Fisheries shall have the right to prohibit
, for a specified period, the fishing,
capturing or the taking of such species
or the right to establish special sanctuaries
from where such species may not be fished,
captured or taken.
Steps to be taken in
case of suspected illegal activities.
11- The Ministry of Defence and National
Security shall have the right to stop
any vessel suspected of contravening this
Law, and to check such vessel including
everything in it. Further, the Ministry
shall have the right to apprehend such
vessel and objects used in carrying out
such offences as well as the proceeds
obtained from it. The Ministry of Defence
and National Security shall also have
the right to arrest any person or persons
suspected of committing an offence under
this Law, if it be decided that such person
or persons may be required for investigations
or for trial in court.
What is done with apprehended
vessels or articles.
12- Any vessel or article apprehended
under the provisions of Article II of
this Law shall be under the care of the
Ministry of Defence and National Security
until the completion of legal proceedings,
and the Ministry shall have the right
to sell by auction any perishable articles
thus held and to hold the proceeds of
such sale.
Penalties
13- 1. The penalty for fishing or attempting
to fish without the license specified
in Article 6 of this Law in the area specified
in the said Article, or fishing in the
Exclusive Economic Zone of the Maldives
without the permission specified in Article
5 of this Law, shall be a fine, the sum
of which shall be between 100,000/- Rufiyaa
and 1,000,000/- Rufiyaa or a sum of money
not exceeding the cost of the vessel employed
in the contravention of this Law. Such
fine shall be paid in a foreign currency
acceptable to the Government of Maldives.
The articles used, together with any gains
from such contravention shall be confiscated.
13-2. The penalty for a vessel contravening
this Law while fishing under license as
stipulated in Article 6 of this Law is
a fine, the sum of which shall be between
1,000/- Rufiyaa and 1,000,000/- Rufiyaa
or a sum not exceeding the cost of the
vessel employed in the contravention.
This fine shall be paid in a foreign currency
acceptable to the Government of Maldives.
The articles used in the contravention
together with any gains from such contravention
shall be confiscated.
13.3. The penalty for contravening this
Law by a person having the right to fish
in the fishing grounds most commonly used
by Maldivians within the Exclusive Economic
Zone of the Maldives without a license
shall be a fine of a sum of between 100/-
Rufiyaa and 10,000/- Rufiyaa or imprisonment
or banishment or house arrest for a period
of between 3 months and 1 year.
Fishing grounds most
commonly used by Maldivians
14. in this Law the fishing grounds most
commonly used by Maldivians within the
Exclusive Economic Zone of the country
means and area of the sea extending to
a distance of 75 miles from the outer
reef of the atolls, including the sea
bottom, which is inside the geographical
co-ordination given below.
Latitudes |
Longitudes |
7 51 30 N
7 48 30 N
7 41 50 N
7 40 52 N
7 40 52 N
7 42 19 N
7 42 54 N
7 49 05 N
7 56 00 N
1 57 20 S
1 57 20 S
7 43 24 N |
74 56 09 E
74 29 45 E
73 38 34 E
73 19 38 E
73 03 23 E
72 49 30 E
72 42 26 E
72 03 45 E
71 17 00 E
71 17 00 E
75 00 30 E
75 00 30 E |
|