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THE FISH ACT. Statutory Instrument 197—1

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THE FISH ACT. Statutory Instrument 197—1 THE FISH ACT. Statutory Instrument 197—1. The Fish (Fishing) Rules. Arrangement of Rules. Rule Preliminary. 1. Citation. Prohibited nets and fishing with nets. 2. Use of nets. 3. Prohibited nets.7 4. Prohibited zone in Lake Albert. 5. Use of small mesh gill nets. 6. Use of other gill nets. Landing and disposal of fish. 7. Landing, etc. of fish. Purchase, canning, etc. 8. Dealings by non-Africans. Licences and fees. 9. Forms. 10. Fees. 11. Applications for licences. 12. Appeals. 13. Validity of licences. 14. Publication. Vessels. 15. Registered number of vessels to be displayed. Schedules First Schedule Authorised places for the landing or disposal of fish. Second Schedule Conditions of purchase of fish by non- Africans. Third Schedule Forms. Fourth Schedule Fees. THE FISH ACT. Statutory Instrument 197—1. The Fish (Fishing) Rules. (Under section 35 of the Act.) Preliminary. 1. Citation. These Rules may be cited as the Fish (Fishing) Rules. Prohibited nets and fishing with nets. 2. Use of nets. Except as otherwise provided in these Rules in regard to the use of gill nets and seine nets, the use of all other types of nets is prohibited; except that on application being made to him or her for that purpose the chief fisheries officer may, in his or her discretion, authorise in writing the use of any particular type or types of net in specified waters of Uganda. 3. Prohibited nets. The following nets are declared to be prohibited nets— (a) a gill net, the length of which when stretched is greater than one hundred yards or the depth of which is greater than thirty meshes, except for gill nets of not more than three-inch mesh size, the depth of which when stretched does not exceed twelve feet; (b) seine nets of any length, except that on application being made for that purpose, the chief fisheries officer may authorise the use of such seine nets in specified waters of Uganda. 4. Prohibited zone in Lake Albert. No person shall fish with nets in the waters of Lake Albert within one hundred yards of the shore of Butiaba Island. 5. Use of small mesh gill nets. No person shall fish with gill nets the meshes of which measure less than four inches except in the waters of— (a) Albert Nile; (b) Lake Albert; (c) Lake Isunga; (d) Lake Karenje; (e) Lake Kijanebalola; (f) Lake Kwania; (g) Lake Kyoga; (h) Lake Mulehe; (i) Lake Mutanda; (j) Lake Nabugabo, (k) Lake Saka; (l) Lake Salisbury; (m) Uganda waters of Lake Victoria. 6. Use of other gill nets. No person shall fish in the following waters with a gill net the meshes of which are of a size of four inches, or greater than four inches but less than five inches— (a) Kazinga Channel; (b) Lake Edward; (c) Lake George; (d) Lake Kabalega; (e) Lake Wamala. Landing and disposal of fish. 7. Landing, etc. of fish. No person shall, in respect of the waters listed in the First Schedule to these Rules— (a) land or dispose of any fish except at the places authorised in that Schedule; (b) land any fish between sunset and sunrise. Purchase, canning, etc. 8. Dealings by non-Africans. Throughout Uganda no non-African may engage in the marketing of fish or the purchase, sale, processing, canning or freezing of fish without a specific licence for that purpose; except that the purchase of fish by non-Africans without a licence shall be permissible in the places and areas and according to the conditions laid down in the Second Schedule to these Rules. Licences and fees. 9. Forms. All licences issued under the Act shall be in the appropriate forms set out in the Third Schedule to these Rules. 10. Fees. The fees to be paid in respect of licences shall be those set out in the Fourth Schedule to these Rules. 11. Applications for licences. (1) The fees to be paid for a fishing vessel licence in respect of the waters specified in the first column of Part I of the Fourth Schedule to these Rules shall be those set out respectively in the second column of that Schedule. (2) The fees to be paid for a licence specified in the first column of Part II of the Fourth Schedule to these Rules in respect of any of the territories of Uganda shall be those specified respectively in the second column of that Schedule. (3) Where reference is made to “minor lakes” in Part I of the Fourth Schedule it shall be construed as reference to any lake not referred to in that Schedule and one which is specified in the licence as a “minor lake”. 12. Appeals. (1) Any African who is aggrieved by the refusal of a government or administration, as the case may be, to issue a licence may appeal to the Minister whose decision shall be final. (2) Any appeal under this rule shall be made within thirty days of the date of the refusal and shall be by way of petition stating the facts and the grounds of appeal. 13. Validity of licences. Any licence issued by a resident district commissioner or by a government or administration, as the case may be, shall be valid only within the area and waters of their respective jurisdictions. 14. Publication. (1) A list giving details of all licences issued under these Rules each year, and including the names and addresses of all licensees, shall be posted by the 31st day of January in each year in a prominent position outside all district, saza and gombolola headquarters or their equivalent, and at all landing places authorised in the First Schedule to these Rules. (2) Revised lists giving details of further licences issued and cancellations shall be similarly posted by the 31st day of July in each year. Vessels. 15. Registered number of vessels to be displayed. (1) The chief fisheries officer shall allocate to every district or area, after consulting the resident district commissioner, a letter or letters and a colour which he or she thinks suitable, and the registered number of a fishing vessel— (a) shall consist of the appropriate letter or letters so allocated, together with a serial number assigned by the officer who issues its fishing vessel licence; and (b) shall be clearly displayed in the appropriate colour so allocated on each side of the vessel’s bow; and (c) shall not be wholly or partially covered or obscured. (2) Every letter or figure used in displaying a fishing vessel’s registered number for the purpose of this rule shall be at least twelve inches high and shall be composed of strokes at least two inches wide. _____ SCHEDULES First Schedule. rules 7, 14. Authorised places for the landing or disposal of fish. Waters Authorised landing places 1. Kazinga Channel Katunguru (Ankole) Katunguru (Toro) 2. Lake Edward Kaianja (Toro) Katwe (Toro) Kazinga (Ankole) Rwensama (Kigezi) 3. Lake George Bukurunga (Toro) Hamakungu (Toro) Kahendero (Toro) Kasenyi (Toro) Kashaka (Ankole) Mahyoro (Toro) 4. Lake Nakivali Kahirimbi (Ankole) Kashojo (Ankole) Rukinga (Ankole) 5. Lake Victoria (within the boundaries Masese of Jinja Municipality) _____ Second Schedule. rule 8. Conditions of purchase of fish by non-Africans. A non-African may purchase fish without a specific licence for that purpose anywhere in Uganda, if the purchase is made— (a) on behalf of a hotel, eating house or restaurant for consumption by a guest or customer thereof; (b) by an employer for consumption by his or her employees; or (c) by an individual for consumption by himself or herself or members of his or her family. _____ Third Schedule. rule 9. Forms. Form I. Fishing Licence. The Fish (Fishing) Rules. No. _______________ ______________________________ of ___________________________ is licensed to fish in _______________________________ (area in which available) till the 31st of December, 20 ____. _________________________________ Resident District Commissioner1 _______________________ Government1 ____________________ Administration1 Date of issue ________________________ Fee _____________________ This licence is issued subject to section 14(1) of the Fish Act. 1Delete where necessary. rule 9. Form II. Fishing Vessel Licence. The Fish (Fishing) Rules. No. _______________ Vessel’s Registered No. ____________ Owned by _____________________________________________________ is licensed to be used for fishing in _________________________________ till the 31st of December, 20 ____. _________________________________ Resident District Commissioner1 _______________________ Government1 ____________________ Administration1 Date of issue _______________________ Fee _____________________ This licence is issued subject to section 14(2) of the Fish Act. Form III. Basket Licence. The Fishing Rules. No. _______________ ___________________________ of ______________________________ is licensed to fish by means of baskets in _____________________________ till the 31st of December, 20 ____. Not more than ____________ baskets may be carried or fished. _______________________________ Resident District Commissioner1 ______________________Government1 ____________________Administration1 1Delete where necessary. Date of issue _______________ Fee ______________________________ rule 9. Form IV. Special Licence. (Under section 11(1) of the Act.) The Fish (Fishing) Rules. No. ___________________ ____________________________ of _______________________________ is licensed to fish in ___________________________________________ till the 31st of December, 20 ____. Special conditions: _____________________________________________ ____________________________________________________________ _____________________________________________________________ __________________________________ Resident District Commissioner __________________________ District Date of issue _________________ Fee
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