Legislation Details
- Full Title: Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof
- Law Type: Cabinet Resolution
- Law Number: No. (120) of 2023
- Issued Date: 27 Nov 2023
- Effective Date: 16 Dec 2023
- Official Gazette: No. 765
- Sector: Environment and Natural Resources
- Status: Active
- Number of Articles: 27
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution regulates administrative violations and penalties related to the exploitation, protection, and development of living aquatic resources in the UAE. It establishes a framework for imposing administrative penalties, seizing violations, reconciling offenses, and collecting fines. The Resolution aims to enhance the sustainable management of the UAE's marine environment and fisheries. It is relevant for businesses and individuals engaged in fishing, aquaculture, and related activities in the UAE. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023)
What is the scope and purpose of this law?
The Resolution applies to the regulation of administrative violations and penalties concerning living aquatic resources in the UAE. It grants the Ministry of Climate Change and Environment, as well as other competent authorities, the power to impose administrative penalties for violations. The purpose is to enhance the protection, exploitation, and development of the UAE's living aquatic resources. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 1-2)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- State: United Arab Emirates (UAE)
- Ministry: The Ministry of Climate Change and Environment
- Competent Authority: Federal and local government authorities with jurisdiction to implement the Resolution's provisions
- Living Aquatic Wealth: All aquatic living organisms, including microscopic, small, large, migratory, and fishing waters sedentary or visiting organisms such as birds, turtles, crustaceans, molluscs and mammals, and they also include species fossilised in advanced stages
- Fishing: Catching living aquatic resources out of its natural environment
- Fishing Tools and Equipment: Tools and equipment used in fishing, including nets, traps (Qaraqir), drag lines, hooks, and the like
- Captain (Nukhadha): A person licensed and in charge of driving a fishing boat
- Captain (Nukhadha) Card: The card issued to the licensed person who is responsible for operating a fishing boat in order to authorize sailing
- Fisherman: Each person who practices fishing as a profession
- Fishing Waters: Internal waters, including island and creek coasts, State beaches and coasts, territorial waters, and State exclusive economic zone waters
- Boat Licence: A licence issued by the Ministry for a fishing boat
- Fishing Boat: Any floating vessel used for fishing, regardless of the material it is made of
- Pleasure Vessel: Any vessel not exceeding 24 metres in length, used exclusively for pleasure purposes and not for any commercial activities
(Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 1)
What are the main obligations and requirements?
The Resolution imposes the following key obligations: 1. The Ministry or competent authority may impose the administrative penalties attached to this Resolution for violations within their respective jurisdictions. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 2) 2. The Ministry may cancel or suspend a boat license for up to one year if three different violations are committed within the same year or if the same violation is repeated for the fourth time or more. The competent authority may, based on a recommendation of the Ministry, cancel or suspend a pleasure vessel license for the same reasons. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 3) 3. The authority that seizes any violation must refer it to the Ministry or competent authority to take necessary measures and impose the administrative penalties. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 4)
What licensing, registration, or approval requirements exist?
The Resolution mentions the following licensing requirements: 1. The Ministry issues a boat license for fishing boats. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 1) 2. The competent authority may, based on a recommendation of the Ministry, cancel or suspend a pleasure vessel license for up to one year if certain violations are committed. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 3) 3. The Resolution mentions a "Captain (Nukhadha) Card" issued to licensed persons responsible for operating fishing boats. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 1)
What are the penalties for non-compliance?
The Resolution specifies the following penalties for non-compliance: 1. The Ministry or competent authority may impose the administrative penalties attached to this Resolution for violations within their respective jurisdictions. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 2) 2. The Ministry may cancel or suspend a boat license for up to one year if three different violations are committed within the same year or if the same violation is repeated for the fourth time or more. The competent authority may, based on a recommendation of the Ministry, cancel or suspend a pleasure vessel license for the same reasons. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 3) 3. If the violator fails to pay the conciliation amount within one month, the authority that imposed the administrative penalty shall refer the violator to the competent Public Prosecution. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 7)
What rights and protections does this law provide?
The Resolution does not explicitly mention any specific rights or protections granted to individuals or businesses. It focuses on the administrative penalties and enforcement mechanisms related to violations concerning living aquatic resources.
Which authorities or bodies are responsible for enforcement?
The key authorities responsible for enforcement under this Resolution are: 1. The Ministry of Climate Change and Environment, which may impose administrative penalties and cancel or suspend boat licenses. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 2-3) 2. Competent federal and local government authorities, which may impose administrative penalties and, based on the Ministry's recommendation, cancel or suspend pleasure vessel licenses. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 2-3) 3. The authority that seizes a violation, which must refer it to the Ministry or competent authority to take necessary measures. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 4)
What fees, charges, or financial provisions are specified?
The Resolution specifies the following financial provisions: 1. The violator may apply for a conciliation by paying the conciliation amount specified in the attached table. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 5) 2. The violator must pay the conciliation amount within one month of the date the conciliation is accepted. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 6) 3. The Ministry shall collect the administrative fines imposed under this Resolution and transfer them to the unified treasury account in the federal government. The local competent authority shall collect administrative fines imposed by the same authority and transfer them to the local government treasury. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 9)
What exemptions or exceptions apply?
The Resolution states that violators shall be exempted from administrative penalties that are currently under application, except for financial fines imposed pursuant to the previous Cabinet Resolution No. (18) of 2012. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 10)
How are disputes resolved under this law?
The Resolution provides the following dispute resolution mechanisms: 1. The authority that imposed the administrative penalty must notify the relevant parties of the penalty within 15 days of its issuance. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 11) 2. Parties with an interest may appeal the administrative penalty to the authority that imposed it within 30 days of being notified. The appeal must be substantiated and accompanied by supporting documents. The authority must decide on the appeal within 30 days. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 11) 3. The decision issued on the appeal is final, and no appeal is accepted after the 30-day period. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 11)
What are the key deadlines and time limits?
The Resolution specifies the following key deadlines and time limits: 1. The violator must pay the conciliation amount within one month of the date the conciliation is accepted. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 6) 2. The administrative penalty expires one year from the date the non-financial administrative penalty is imposed or the financial administrative fine is collected. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 8) 3. The authority that imposed the administrative penalty must notify the relevant parties of the penalty within 15 days of its issuance. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 11) 4. Parties with an interest may appeal the administrative penalty to the authority that imposed it within 30 days of being notified. The authority must decide on the appeal within 30 days. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Art. 11)
How does this law interact with other UAE legislation?
The Resolution references the following related UAE legislation: 1. Federal Law No. (1) of 1972, Concerning the Competences of Ministries and the Capacities of Ministers, and its amendment thereof. 2. Federal Law No. (23) of 1999, Concerning the Exploitation, Protection, and Development of Living Aquatic Resources in the UAE, and its amendments thereof. 3. Cabinet Resolution No. (18) of 2012, Concerning the Application of Administrative Penalties Against Violators of the Regulatory Resolution concerning Living Aquatic Wealth and Fisheries. The Resolution repeals Cabinet Resolution No. (18) of 2012. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Preamble and Art. 12)
When did this law come into effect?
This Cabinet Resolution was issued on 27 November 2023 and came into effect on 16 December 2023, the day following its publication in the Official Gazette No. 765. (Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof, 2023, Effective Date)
Source Documents
This article analyses Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.