Declaration of fishery areas and marine and inland water reserves

(1) The Minister, by Order published in the Gazette, may declare any area of the fisheries waters and, as appropriate, any adjacent or surrounding land, to be– (a) a fishery area; or (b) a marine reserve or inland water reserve, where he considers that special management measures are necessary– (i) to afford special protection to the flora and fauna of the areas; (ii) to protect and preserve the natural breeding and nursery grounds and habitats of aquatic life; (iii) to allow for the replenishment or restoration of aquatic life in areas where such life has been depleted; (iv) to sustain livelihoods which rely on fisheries resources; (v) to promote scientific study and research in respect of the areas; or (vi) to preserve and enhance the biodiversity and natural beauty of the area. (2) The exercise by the Minister of the power under sub- section (1)(b) is subject to the requirements of sections 14, 17 and 19 of the National Protected Areas System Act. CAP 215. 30 Fisheries Resources (3) The Minister, by Order published in the Gazette, may declare zones within any area declared under sub-section (1)(b) as a marine reserve or inland water reserve within which certain activities may be conducted or prohibited. (4) A fishery area, marine reserve or inland water reserve may provide for– (a) the designation of zones within the area, place, or waters where, and the periods when fishing for certain species of fish, shall be prohibited or restricted, or permitted by only by specific types of vessels, or by holders of specified licences, or by specified methods or techniques of fishing or with specified types or quantities of fishing gear, or subject to other conditions as may be specified; (b) specifying the species or type of fish that may or shall not be taken and the restrictions, if any, that apply in relation to the taking of any species of fish; (c) specifying the number of licences that maybe issued to the area, place or water, prohibit, and regulate the transfer of licences; (d) determining a quota or allowable catch for the area, waters or zones therein, for all fish; (e) authorizing the type of fishing that may be conducted in each zones, the person that may conduct the fishing, method or technique to be used and the total allowable catch or quota; (f) setting limits as to size, numbers, weight, sex, or other factors on any fish; Fisheries Resources [CAP. 210 31 (g) establishing a regulatory system for limiting access to the area, place or waters based on the payment of fees. (5) Where an area under sub-section (1) declared as a fishery area or a reserve no longer serves the purpose for which it was declared, the Minister, by Order published in the Gazette, subject to an affirmative resolution, shall revoke the declaration. (6) Prior to making a declaration under sub-section, the Minister shall hold public consultations with persons having an interest in the fishery area, including users of that area.