Legislation Details
- Full Title: Federal Law Regarding the Exploitation, Protection and Development of the Living Aquatic Resources in the Waters of the State of the United Arab Emirates
- Law Type: Federal Law
- Law Number: 23 of 1999
- Issued Date: 17 Oct 1999
- Effective Date: 30 Apr 2000
- Official Gazette: No. 340
- Sector: Environment and Natural Resources
- Status: Active
- Number of Articles: 139
- Chapters/Parts: 0
- Amendments: 1
Summary
This Federal Law regulates the exploitation, protection, and development of living aquatic resources in the waters of the United Arab Emirates. It establishes a framework for the licensing and registration of fishermen and fishing boats, as well as measures to conserve and sustainably manage the country's marine ecosystems and fisheries. (Federal Law No. (23) of 1999, Art. 1-139) The law is significant for businesses and individuals involved in the UAE's fishing industry, as it sets out the legal requirements and restrictions around fishing activities. It also empowers government authorities to enforce conservation measures and impose penalties for non-compliance, with the aim of preserving the UAE's valuable marine resources for the future. (Federal Law No. (23) of 1999, Art. 1-139)
What is the scope and purpose of this law?
The law regulates the exploitation, protection, and development of all living aquatic resources within the UAE's waters, including internal waters, territorial waters, and the exclusive economic zone. It applies to any person practicing fishing as a profession in the UAE. The law's purpose is to ensure the sustainable management and conservation of the country's marine ecosystems and fisheries. (Federal Law No. (23) of 1999, Art. 1-2)
What are the key definitions under this law?
The law provides the following key definitions:
- State: The United Arab Emirates (UAE)
- Ministry: Ministry of Climate Change and Environment
- Minister: Minister of Environment and Water
- Competent Authority: The local competent authority
- Living Aquatic Resources: 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: The act of catching or attempting to catch living aquatic resources
- Fishing Boat: Any floating vessel used for fishing, regardless of the material it is made of
- 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
- Fisherman: A 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
- Fishing Licence: A licence issued by the competent authority
- Boat Licence: A licence issued by the Ministry for a fishing boat
- Registry: The Ministry's general registry of those practicing fishing as a profession
- Executive Regulations: The Executive Regulations of the Law
- Aquaculture Farms: A production project in an artificial or natural setting for the cultivation and breeding of fish, crustaceans, molluscs and aquatic plants
(Federal Law No. (23) of 1999, Art. 1)
What are the main obligations and requirements?
The law imposes the following key obligations: 1. Any person practicing the fishing trade in the UAE's fishing waters must be licensed by the Competent Authority and registered in the Ministry's registry. (Federal Law No. (23) of 1999, Art. 2) 2. A general registry must be established at the Ministry for the enrollment of fishing trade practitioners and their fishing boats in the UAE. (Federal Law No. (23) of 1999, Art. 3) 3. Fishermen must meet certain requirements to be registered in the registry, including being a UAE national, at least 18 years old, passing a fishing license test, and being of good conduct. (Federal Law No. (23) of 1999, Art. 4) 4. Fishing boats must be registered in the registry and have a valid boat license issued by the Ministry. (Federal Law No. (23) of 1999, Art. 14) 5. Fishing licenses and boat licenses are valid for two years and must be renewed within 60 days of expiry. (Federal Law No. (23) of 1999, Art. 16)
What licensing, registration, or approval requirements exist?
The law establishes the following licensing and registration requirements: - Fishermen must be registered in the Ministry's general registry of fishing trade practitioners. (Federal Law No. (23) of 1999, Art. 3-4) - Fishing boats must be registered in the registry and have a valid boat license issued by the Ministry. (Federal Law No. (23) of 1999, Art. 14) - Fishing licenses and boat licenses are valid for two years and must be renewed within 60 days of expiry. (Federal Law No. (23) of 1999, Art. 16) - Diving for fishing purposes and practicing marine sports to hold fishing competitions require a permit from the Competent Authority. (Federal Law No. (23) of 1999, Art. 25) - Establishing aquaculture farms requires a license from the Competent Authority and approval from the Ministry. (Federal Law No. (23) of 1999, Art. 25)
What rights and protections does this law provide?
The law grants the following rights and protections: 1. National fishermen who own and operate their own fishing boats have the right to fish in any fishing grounds in the UAE. (Federal Law No. (23) of 1999, Art. 21) 2. The law prohibits certain harmful fishing practices, such as using bottom trawl nets, bottom posts, lights, nylon nets, and other methods specified by the Ministry, in order to protect the marine environment and aquatic resources. (Federal Law No. (23) of 1999, Art. 26) 3. The law prohibits hunting sea turtles, dolphins, whales, dugongs, and other marine mammals, as well as the extraction of shellfish, sponges, and coral reefs, except for scientific research purposes with a permit from the Competent Authority. (Federal Law No. (23) of 1999, Art. 28)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement and administration under this law are: 1. The Ministry of Climate Change and Environment, which is responsible for establishing the general registry, issuing boat licenses, and overseeing the protection and development of living aquatic resources. (Federal Law No. (23) of 1999, Art. 3, 15, 25) 2. The Competent Authority in each Emirate, which is responsible for issuing fishing licenses, registering fishermen and boats, determining permitted fishing areas and equipment, and cooperating with the Ministry on enforcement and education. (Federal Law No. (23) of 1999, Art. 6, 25) 3. The Supreme Committee for Exploitation, Protection and Development of Living Aquatic Resources, which is responsible for coordinating measures to exploit, protect, and develop the UAE's living aquatic resources. (Federal Law No. (23) of 1999, Art. 5)
What are the penalties for non-compliance?
The law specifies the following penalties for non-compliance: 1. Imprisonment for a period not exceeding one year and/or a fine of not less than AED 10,000 and not more than AED 100,000 for practicing fishing without a license. (Federal Law No. (23) of 1999, Art. 51) 2. Imprisonment for a period not exceeding six months and/or a fine of not less than AED 5,000 and not more than AED 50,000 for violating the provisions related to fishing methods, seasons, and prohibited areas. (Federal Law No. (23) of 1999, Art. 52) 3. Imprisonment for a period not exceeding three months and/or a fine of not less than AED 3,000 and not more than AED 30,000 for violating the provisions related to the registry, licenses, and notifications. (Federal Law No. (23) of 1999, Art. 53) 4. Confiscation of fishing boats, equipment, and catches for certain violations. (Federal Law No. (23) of 1999, Art. 54-55)
What fees, charges, or financial provisions are specified?
The law does not specify any fees, charges, or financial provisions related to the licensing, registration, or operation of fishing activities.
What exemptions or exceptions apply?
The law provides the following exemptions and exceptions: 1. As an exception, a permit may be issued for the extraction of certain types of shellfish in accordance with the controls specified in the Executive Regulations. (Federal Law No. (23) of 1999, Art. 28) 2. Anchoring or sailing a fishing boat in prohibited fishing grounds is permitted in compelling cases resulting from weather conditions, a breakdown, or for rescuing souls or properties. (Federal Law No. (23) of 1999, Art. 22)
How are disputes resolved under this law?
The law does not specify any dispute resolution mechanisms or procedures for resolving disputes arising under its provisions.
What are the key deadlines and time limits?
The law establishes the following key deadlines and time limits: 1. Fishing licenses and boat licenses are valid for two years and must be renewed within 60 days of expiry. (Federal Law No. (23) of 1999, Art. 16) 2. Fishermen must notify the Competent Authority of any modifications or changes to their registration details within one month. (Federal Law No. (23) of 1999, Art. 13) 3. A boat may be delisted from the registry if its license has not been renewed for more than six months or if it has not sailed for two years. (Federal Law No. (23) of 1999, Art. 20 BIS)
How does this law interact with other UAE legislation?
The law references the following related UAE legislation: 1. Federal Law No. (1) of 1972, regarding the ministries' jurisdictions and the powers of the ministers. 2. Federal Law No. (17) of 1972, concerning nationality and passports. 3. Federal Law No. (13) of 1976, regarding cooperative societies. 4. Federal Law No. (6) of 1979, regarding veterinary quarantine. 5. Federal Law No. (8) of 1980, as amended, regarding the regulation of labor relations. 6. Federal Law No. (26) of 1981, as amended, regarding the marine commercial law. 7. Federal Law No. (3) of 1987, issuing the Penal Law. 8. Federal Law No. (35) of 1992, issuing the Disciplinary Procedure Code. 9. Federal Law No. (7) of 1993, for establishing the Federal Environment Foundation. 10. Federal Law No. (19) of 1993, regarding the demarcation of the UAE's marine zones. (Federal Law No. (23) of 1999, Preamble)
When did this law come into effect?
This Federal Law No. (23) of 1999 was issued on 17 October 1999 and came into effect on 30 April 2000, as published in the Official Gazette No. 340. (Federal Law No. (23) of 1999, Issued Date and Effective Date)
Source Documents
This article analyses Federal Law Regarding the Exploitation, Protection and Development of the Living Aquatic Resources in the Waters of the State of the United Arab Emirates 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.