Sunday, December 6, 2009

Legal Framework of Marine Fisheries Department

Exclusive Fishing Zone (Regulation of Fishing) Act, 1975 as amended 1993
This extends to the whole Pakistan and to waters within the exclusive fishery zone of Pakistan beyond the territorial waters. It regulates the management of fishing in exclusive economic zone of the country. The provisions of the law are in accordance with the provisions provided for in UNCLOS, the law covers:
Licencing and management of fishing operation in EEZ of the country
Fishing craft subject to navigational regulation
Prohibiting illegal, dynamite and poisoning fishing
Closed season and prohibited area
Penalties in contravention of any provisions such as seizure and disposal of fishing craft, fishing gear and fish catch.
Agriculture Produce (Grading and Marketing) Act, 1937
This act provides authority and control for the grading and marketing of the agricultural produce. Dry fish, Shellfish, and fishmeal are graded under the provision of this act.
The Pakistan Animal Quarantine (Import and Export of Animal and Animal Products) Ordinance 1979
This law provides for control of Import and Export of Animals and animal products and issue of health Certificate to regulate the trade and to prevent the introduction or spread of diseases.
Federal Government vide Notification No.F.272/FDC/99 dated 6th April 1999, in exercise of the power conferred by Section-12 of Pakistan Animal Quarantine Ordinance exempt the export of fish and fishery products from all the provisions of it.
Sindh Fisheries Ordinance, 1980
This law provides rules and regulations for marketing, handling, transportation, processing and storage of fish and shrimp for commercial purpose and sale of fish used for domestic and inters provincial trade in the Province of Sindh. Contravention of this Ordinance is punishable by imprisonment up to six months or with by a fine of 10,000 rupees or both. A provision also been made for total ban on use of destructive fishing gear and closed season for catching of shrimp during June and July.
Balochistan Sea Fisheries Act No. IX 1971
This law provides authority of fishing crafts, fishing licence and processing of fish and fishery products in the territorial water of Pakistan along the coast of Balochistan. Contravention of any provision of the Ordinance is punishable by one month imprisonment or with a 5000 rupee fine or both.
Karachi Fisheries Harbour Authority Ordinance No.11 of 1984
This law provides law to carry out efficient operation of harbour facilities and to inspect periodically hygienic conditions of processing plants, ice plants, cold storage and other related activities.
Coastal Development Authority Act Sindh Act No.XXVIII 1994
This law provides law for planning, development operation, management and maintenance of coastal areas including development of fisheries, livestock, horticulture and agriculture.
Pakistan Environmental Protection Ordinance No.XXVII
This law provides law for protection, conservation and improvement of environment for the prevention and control of pollution including biodiversity, ecosystem, effluent, hazardous substance, emission and water pollution. It also provides a provision to make rules for implementing the provisions of the international environmental agreements.
Pakistan Fish Inspection and Quality Control Act, 1997
This law deals with the registration of the fish processing plants and fish exporters, and constitutions and functions of inspection committee. The function of the committee includes inspection of fish processing plants, fish exporters, handling of fish and fishery products. It also spells out the powers, duties and functions, of fishery officers and penalties on the processors/exporters for contravention.
Pakistan Fish Inspection and Quality Control Rules, 1998
This law provides detailed description of condition requires for registration of processing plants/exporter, ice factories, fish handling onboard fishing vessels, landing places, fish processing establishment. It also provides provisions for registration of testing laboratories for seafood products, and notification of approved cleaning material etc.
Conservation of fisheries resources
S. R. O. 329(1)/79
In exercise of the powers conferred by section 6 of the Exclusive Fishery Zone (Regulation of Fishing) Act, 1975 (XXXII of 1975), the Federal Government declared the period commencing on the 1st June and ending on the 31st July to be the period during which, and the entire area of the zone within which catching of shrimps shall be prohibited. This will reduce fishing pressure on the shrimp resources and provide an opportunity to grown up before enter into mainstream.
The Provincial Government of Sindh vide section 4 of Sindh Fisheries Ordinance, 1980 declaring a ban on catching of shrimp during the period of June or July every year.
S. R. O. 332 (1)/79
This law stipulate that no holder of a licence, fishing permit or identity card shall engage himself in catching female lobsters loaded with eggs (barried lobsters) and lobsters of 15 centimeters or under and if caught, such lobsters shall be immediately released back into the sea alive and shall not be landed or marketed.
Notification No.DD-75/98/3342-48 dated 24-07-1999
Federal Government prohibited catching of marine turtle of all types beyond 12 n. miles in EEZ of Pakistan.
Notification No.3(5)SO (Fish)/91 dated 15-06-1999
Govt. of Sindh has made it mandatory for all shrimp trawlers having crew of more than 6 persons onboard to install Turtle Excluder Devices (TEDs) in their trawl nets, to protect the accidental entrapment of turtle in shrimp trawl nets.

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