Damascus-Sana
President Bashar Al-Assad issued today Law No. 11 establishing the General Authority for Fish Resources and Aquatic Life located in Lattakia Governorate, which aims to develop and protect fish and aquatic wealth, develop their resources, and regulate the investment of this wealth.
The following is the text of the law:
Law No. 11
President of the Republic
Based on the provisions of the constitution.
And what was approved by the People's Assembly in its session held on 4-7-1442 H, corresponding to 2/16-2021.
The following is issued.
Chapter 1
Definitions
Article 1-
The words and phrases mentioned in this law have the meaning indicated next to each of them:
Law: Law of Fisheries and Aquatic Resources.
Ministry: The Ministry of Agriculture and Agrarian Reform.
Minister: Minister of Agriculture and Agrarian Reform.
Authority: The Public Authority for Fish Resources and Aquaculture.
The Board: The Authority’s Board of Directors.
- Director General: The Director General of the Authority.
The police officer: the individuals working for the commission who are empowered with the powers of the judicial police.
Association: the agricultural cooperative association working in the field of fishing and aquaculture, its breeding, service or marketing.
- Aquatic organisms: plant organisms and their seeds, animal organisms, eggs, larvae and chicks that live fully, partially or temporarily in the water and have economic, environmental or biological value or benefit from fish and aquatic organisms and what these organisms build during their life and what they leave behind
Formations, terraces, structures and reefs.
Fishing: the raising of aquatic organisms from public waters, areas and habitats in which they complete their life cycle, by whatever medium and for any purpose.
- The fisherman: whoever holds a license for himself or his boat to engage in fishing and aquatic life for any purpose and is called an “amateur fisherman” or “sport fisherman” if he practices fishing with the aim of entertainment or sport without profit, or a “professional fisherman” if fishing is the main resource in his income. He is called a "foot fisherman" if he practices fishing without the help of a boat or a "boat fisherman" if he practices fishing with the help of a boat. In sponge fishing he is called "the diver" and it is not considered a juvenile.
A hunter.
- Artisanal fishing: fishing that adopts simplified and traditional methods, and is practiced in inland waters or near coasts in regional waters, and may depend on a boat with or without a motor.
- Commercial fishing: fishing that depends on the use of non-traditional means of fishing and aquaculture in large quantities and for commercial purposes, using modern equipment and wide networks in terms of lengths.
Migratory stocks: fish and aquatic organisms constantly moving and migrating in horizons far from the coasts of the seas or in rivers of an international character, which in this case represent a common wealth of living between neighboring and opposite coastal states or countries that embrace international rivers, as the case may be.
Observer: The person assigned to monitor the work of the diver while he is fishing for sponge.
- Vessel: A floating facility in internal, mixed or regional waters that holds a navigational license, whatever its carrier, method of operation and name. If it is qualified to operate outside the territorial waters, it is called a “ship”.
- Fish boat: the vessel used for fishing and aquaculture or its service or protection and is called a “fishing boat or fishing vessel” if it is used for fishing and aquaculture and its manufacture. If used for protection purposes.
The crew: includes masters, officers, mechanics, sailors, seafarers, fishermen, divers, breeders and others who perform specific jobs on the fish boat.
- The intruder: whoever practices fishing by regular means in non-closed fishing areas and in non-prohibited seasons and times without having a license, whether a person or a boat, and the fisherman or the licensed vessel is considered an intruder as soon as he starts fishing by means or in areas, seasons, or times that are not authorized in his license .
- The knees: the crew, observers and others who sail on board the fish boat.
- The vessel supplier: The person who operates the fish boat for his account, whether it is the owner or the charterer.
- Stock: The total mass of fish and aquatic organisms or a specific group thereof in a specific fishing area.
- Coastal marine reserve: part of the national coastal or marine environment, or both, subject to national laws and regulations that ensure the protection of marine and coastal ecosystems and their components, including historical and heritage features.
- Wildlife reserve: a land or water area, or both, “marshes, rivers, rivers of lakes,” which have not been modified “unmodified” or slightly modified and retain their natural characteristics and there is no permanent housing that conflicts with the objectives of the reserve and are protected and managed to preserve their natural state.
- Floating: a floating facility that does not have a valid navigation license.
- Imprisonment: a criminal punishment description.
Add again
Chapter II
Article 2-
Public waters to which the provisions of this law apply are:
A- The territorial waters of the sea and the economic zone whose boundaries are defined in accordance with the legislation in force extending to the horizons permitted by the bilateral or international agreements applied in accordance with the provisions of international law.
B- Inland freshwater in all its categories, including rivers, lakes, dam lakes, streams, streams, channels, drains, waterways, ponds, swamps, permanent and temporary marshes, regardless of the degree of their salinity.
C- Mixed waters arising from mixing of internal fresh water with sea water at estuaries of rivers and streams, coastal salt water bodies and bays common to these waters.
Chapter III
Creating the body
Article 3-
A- A public body of an administrative nature called the “General Authority for Fish Resources and Aquatic Life” will be established in Lattakia Governorate, with legal personality and financial and administrative independence, and it is linked to the minister.
B - The authority consists of the directorates of the central administration, branches, and farms in the governorates. These directorates, branches and farms are to be established by a decision of the minister after the approval of the council.
the fourth chapter
The goals and tasks of the authority
Article 4-
The authority aims to develop and protect fish and aquatic wealth, develop its resources, manage and activate various activities in this field, monitor this, and regulate the investment of this wealth, and for this purpose it undertakes the following tasks:
A- Laying down plans and programs to preserve fish and aquatic wealth and develop their resources.
B - To propose draft laws and regulations for the protection of fish wealth and aquatic life, and to follow up on the implementation of the laws and regulations in force.
C- Regulating methods of investing public waters in raising fish and aquatic organisms, organizing fishing seasons and rationalizing their fishing in a way that guarantees the sustainability of fish resources, supervising fishing activity and the safety of its means, registering fishes on the coast and inland waters, and encouraging the introduction of modern methods and technologies permitted in fishing.
D - Investing fishing rights in inland waters that are not designated for drinking or unused purposes in a way that guarantees the technical and environmental safety of water installations and irrigation projects built on these facilities.
E - Granting licenses to establish farms for fish and other aquatic organisms after obtaining the approval of the concerned authorities in accordance with the laws and regulations in force.
F - Setting operational plans and programs to develop aquaculture in inland and marine waters in a way that guarantees the sustainability of productive activity, search for areas for expansion of cultivation, prepare estimates of their expected capacities, and find the appropriate way to employ them in this field in coordination with the concerned authorities.
G- Securing the larvae and fingerlings from the improved strains of farmers through local breeding centers in the governorates and establishing pilot pilot projects with the aim of encouraging the establishment of similar productive projects.
H- Contributing to the development of the specialized feed industry for the manufacture of balanced feed mixtures that contribute to securing the requirements of expanding fish farms and aquatic organisms and setting feed standards and feeds for fish and aquatic species in general.
I- Conducting the necessary research and studies for the development and development of fish and aquatic wealth in cooperation and coordination with the competent authorities and providing technical expertise and advice in the field of conducting technical studies and the economic feasibility of projects related to fish wealth and aquatic life.
J- Establishing coastal marine reserves and wildlife reserves, laying the foundations for their management, and spreading awareness and guidance to ensure the sustainable conservation of biological diversity in inland and marine waters, in coordination with the ministries of "water resources", local administration, environment, "transportation" and other relevant authorities.
K- Establish controls for the cultivation of fisheries and open and closed aquatic organisms, and test and multiply fish species and local aquatic organisms for the reconstruction of fisheries and aquaculture.
L- Granting technical approval for the import and export of fish and aquatic organisms and their products and production requirements in accordance with the agreements, laws and regulations in force.
M - Coordination with the concerned authorities to monitor fish and aquatic markets, download yards and roads to find out the sources of fisheries and their fishing methods, and their conformity with the approved specifications and quality standards, and to deal with the violators thereof.
N- Encouraging investments in the field of marine fishing in international waters and the economic and regional zone of countries with which the Syrian Arab Republic has a fishing agreement in its waters.
Q- Contributing with the concerned authorities to develop marketing and price policies for local and imported fish and aquatic organisms.
Chapter V
Body organs
Article 5-
The authority's affairs are managed by:
A- The Board
B- The General Manager
Article 6-
A- The board consists of:
- Minister as President
- The Director General as Vice President
Associate General Manager, member
- Director of Planning and International Cooperation in the Authority as Secretary
- A representative of the ministry to be named by the minister as member
A representative of the Ministry of Water Resources to be named by the Minister of Water Resources as a member
A representative of the Ministry of Transport, the “General Directorate of Ports,” to be named by the Minister of Transport as a member
A representative of the Ministry of Local Administration and Environment to be named by the Minister of Local Administration and Environment as a member
A representative of the Ministry of Defense to be named by the Minister of Defense as member
- A representative of the Ministry of Higher Education and Scientific Research to be designated by the Minister as Member
A representative of the General Federation of Trade Unions, as a member
A representative of the General Peasants Union, as a member
- A representative of the fishermen to be named by the General Peasant Federation as a member
B - The capacity of a representative in a public authority must not be less than the rank of director.
Article 7-
A- The Board, in accordance with the laws and regulations in force, performs the following tasks:
1- Proposing draft laws and regulations of the authority.
2- Approving the authority's policies, plans and executive programs.
3- Proposing the internal system and the job structure, including the body’s numerical staffing.
4- Proposing a mechanism for marketing the Authority’s products.
5- Approving the Authority’s draft annual budget.
6- Approving the Authority’s quarterly and annual reports regarding the implementation of the approved plans.
7 - Approval of contracting with Arab and foreign experts and determining their wages and compensation within the limits of the laws and regulations in force.
8- Accepting gifts and aids in accordance with the laws and regulations in force.
9- Examining all issues related to the Authority’s interest that the Chairman of the Board deems to be presented.
B - The council meets at the invitation of its president at least once a year and whenever the need arises and its meetings are legal with the attendance of the absolute majority of the number of its members and its decisions are taken by the absolute majority of the votes of the members present and if the votes are equal, the president's side shall prevail.
C - The Council has the right to invite whomever it deems necessary to attend its meetings without having the right to vote.
D - The commission’s bylaw determines the Board’s work mechanism.
E - Council members receive compensation for the sessions they attend in accordance with the laws and regulations in force.
Article 8-
A- The Director General shall be appointed by decree based on the proposal of the Minister.
B - The Director General shall have one or more assistants to be named by a decision of the Minister based on the proposal of the Director General, and their number shall be determined in the body's numerical staffing.
C - The director general may delegate some of his powers to his assistants and directors of directorates, branches and farms.
Article 9-
The Director General shall manage the Authority’s affairs and implement the Board’s decisions, in particular:
A- Representing the commission before the courts and others.
B - Implementing the approved general policy to achieve the Commission’s tasks.
C - Implementing the Commission’s plans and providing its requirements.
D- Submit the required reports on the Authority’s activities.
E - Contract expenditures and order their liquidation and disbursement in accordance with the laws and regulations in force.
F - Granting incentive bonuses to the Authority’s employees in accordance with the laws and regulations in force.
G - Contracting with experts after the approval of the Council in accordance with the laws and regulations in force.
H- To propose the creation of directorates, branches and farms.
I- Preparing the Authority’s annual draft budget.
Article 10-
The results of research, studies, discoveries, inventions, and devising new strains and hybrids reached by the authority are considered its property, and it has the right to register and invest them directly or through others. It is also entitled to obtain from other parties the rights to invest the discoveries and inventions and the rights of the breeder in accordance with the conditions approved by the Board.
Article 11-
A- A number of the Authority’s employees are empowered with the authority to control the application of the provisions of this law in dams, rivers and lakes.
B- The workers referred to in Paragraph A of this Article shall be assigned by a decision of the Minister based on the proposal of the Director General. The workers mentioned take the following legal oath before the President of the Civil Court of First Instance in their areas of work:
"I swear by God Almighty to do my job honestly and honestly."
Article 12-
The following matters are determined by a decision of the Minister based on the proposal of the Council:
A- The duties and duties of the police personnel, and the conditions for assigning them.
B - The quality of the dress, armament and equipping of the officer corps.
C- Types of weapons used and how to secure and use them in coordination with the Ministry of Interior.
D- Forming protection posts.
E- Designing affidavits and seizure books and how to use them.
F- Cases in which seizures must be regulated.
G- The data and information that must be included in the seizure.
H- The copies that must be organized for each seizure and the authorities to which they are distributed.
Chapter six
Hunting rights
Article 13-
A - It is not permissible for non-Syrians and their boats to fish in public waters, to exploit their living resources, to conduct joint bilateral or multilateral exploration or research to develop fish and aquatic wealth, or to develop means of exploiting them, except with the approval of the concerned authorities and in accordance with the laws and regulations in force.
B - Nationals of Arab and foreign countries and their boats are exempted from this prohibition, on condition of reciprocity.
Article 14-
A- Artisanal fishing is a national heritage that must be preserved.
B- Artisanal fishermen shall have preference in practicing fishing in territorial waters, especially within the six miles near the coast and in inland waters.
Article 15-
The council may specify fishing areas for the authority in public waters if the public interest so requires.
Article 16-
Hunting is prohibited in the following areas:
A- The ports, their entrances and the areas adjacent to the marine constructions, and the sanctuary of each of them shall be determined by the Minister of Transport in coordination with the Council.
B- The protection areas granted to the public and private coastal establishments designated and identified by nationally approved marks. The owners of these establishments are prohibited from fishing practices in the protection zones of their establishments unless those facilities are originally licensed for aquaculture or fishing.
C- Military areas, bases and installations specified by a decision of the Minister of Defense, in coordination with the Minister.
D- Coastal marine reserves and wildlife reserves that include within their borders water areas, except in the case of scientific research after obtaining prior approval from the Council.
Article 17-
A - It is prohibited to fish in public water areas that are invested by any of the public authorities for fish and aquatic organisms.
B - Fishermen are prohibited from fishing in the water sites licensed to occupy them for the establishment of fisheries or floating fish farms in public waters and the protection zones surrounding these sites unless they are licensed to fish in them.
C - Hunting is prohibited in areas of environmentally fragile sites or which contain endangered species.
Article 18-
A- The Minister may, upon the proposal of the Council, prohibit hunting temporarily or permanently in some fishing areas, seasons or times.
B - The Council shall approve the seasons and timings of the ban on fishing in light of the studies conducted by the authority and the specialized research centers to determine the seasons for fish and aquatic life to breed or migrate.
seventh chapter
Hunting and specialty licenses
Article 19-
Fishing licenses are granted from the authority in inland fresh waters and from the General Directorate of Ports with regard to marine fishing after obtaining the technical approval of the Council.
A- An annual fishing license for the fishboat supplier, in accordance with the provisions of this law, in which the nature of its use, the type of fishing, its areas, means, seasons and times, and the minimum number of crew members according to their specializations and the upper limit for the ride in light of the movement book, are specified.
B - A fishing license for the amateur or pedestrian hunter. The male hunter's license is annual and personal, in which the type of hunting, its regions, seasons, timing and means are specified, and it may not be waived or used by others.
C- Fishing licenses for the boat and vessels operating in fishing or breeding, after ensuring that their equipment is technically ready by the Ministry of Transport.
Article 20-
A- The number of crew when sailing must not be less than the minimum specified in the movement book, in accordance with marine navigation regulations.
B - Without prejudice to the applicable Labor Law No. 17 of 2010, a fish boat is permitted to carry a number of children, whose number does not exceed one-third of the number of the crew, with the intention of training them, provided that the number of passengers on board does not exceed the maximum permissible to carry it on the boat.
C - The authority’s personnel shall have the right to inspect the proceeds of the marine catch, fishing equipment and research equipment, and to inspect fish vessels.
D - The means and equipment of marine fishing are subject to the control of the Council to ensure their compliance with the regulatory conditions.
Article 21-
The number of licenses that are permitted to be granted to fishermen and boats in any fishing area is determined by a decision of the Minister based on the proposal of the competent technical committees and the approval of the Director General, taking into account the actual load of the water body from the fishermen and fishing boats for each region.
Article 22-
Licensing shops selling fish and aquatic life are granted by the administrative units after the approval of the Council.
Article 23-
The General Directorate of Ports grants, in coordination with the Authority:
A- Navigation licenses and seaworthiness for fish floats working in inland freshwater.
B- Fishermen's tickets, movement notebooks, navigation licenses and seaworthiness of fish buoys operating at sea.
Article 24
A The authority is concerned with administrative, financial and disciplinary affairs related to fishing in inland waters.
B- The Ministry of Transport, “The General Directorate of Ports” is responsible for administrative, financial and disciplinary affairs related to marine fishing. The non-commissioned officers and employees of this directorate shall have the capacity of the judicial police to implement the provisions of this law. The ships of the naval forces are given the right to inspect and the work of the judicial police, and the powers of the law enforcement officers are granted to the commanders of warships.
Chapter 8
Hunting hobby
Article 25-
Hobby hunting is regulated by a decision of the Minister based on the proposal of the Council.
Chapter 9
Fishing fees
Article 26-
A- The annual fees for licenses for fishing and aquatic life and their breeding farms shall be determined by a decision of the Minister based on a proposal from the Council.
B - The fishing license expires at the end of the calendar year and annual fishing licenses fees are collected before they are delivered to their owners, and the full annual fee imposed on fishing licenses is due regardless of the period of work with them, with the exception of the licenses granted for the first time, where the fee is relatively collected from the beginning of the following month The date it was granted.
Article 27-
A- The categories of granting a vessel license are determined by a decision of the Minister.
B- The vessel’s license is amended from one class to another with the approval of the Council, and in the event of an amendment to a category with a higher fee, the difference in fee for the remaining months of the license’s period is charged.
Chapter 10
Fish boats and ships
Article 28-
Required for ships and fish boats the following:
A- It must be equipped with means of preservation and cooling commensurate with its fishing capacity and after the fishing areas it visits from the landing sites to ensure that the catch is kept in a fresh condition until it is landed.
B - That they have the navigational equipment, means of communication, the requirements of maritime safety, the means of rescue and firefighting, the balance standards and other specifications approved by the Ministry of Transport.
C- That the conditions and specifications stipulated in the relevant international agreements be fulfilled with regard to fishing vessels on the high seas.
Article 29-
Ships, fish boats, rescue boats attached to them, and pontoons of their nets shall be marked with signs indicating their identity and their port of association in accordance with the rules in force nationally and internationally, as the case may be.
Article 30-
A- Contracts for the use of crews of fishing vessels and fishing boats are subject to the regulations and conditions approved by the General Directorate of Ports, taking into account the international agreements in force.
B - Juveniles may not be assigned to work of a dangerous nature.
Chapter Eleven
Fishing means
Article 31-
By a decision of the Minister based on the proposal of the Board:
A- Fishing means and equipment permitted to be used.
B- Commercial volumes of fish and other aquatic organisms of economic importance.
C- Hunting areas, seasons, times, specifications, methods of use permitted and methods of use.
D- Other developed means.
Chapter 12
Sponge fishing
Article 32-
Sponge fishing, its gathering seasons and methods are regulated by a decision of the Minister based on the proposal of the Council. The General Directorate of Ports determines the conditions that should be met by anyone who works as a captain, diver or sailor on sponge fishing boats. The General Directorate of Ports and without a contract written in Arabic in three copies, according to the form laid down by this Directorate.
According to the laws and regulations in force.
Chapter Thirteen
Leasing fishing and investment rights
Article 33-
The fishing rights in any area of freshwater bodies are leased according to the contract system in force if this lease has a public interest, provided that the lease period does not exceed five years.
B - The book of leasing conditions shall be organized in coordination between the Authority and the relevant concerned authorities, provided that it does not negatively affect the safety of the installations, the water environment, and the rights of workers and boat owners.
C - It is preferred for leasing public agencies and agricultural cooperative societies that have sufficient financial and technical expertise.
Article 34-
It is not permissible for anyone other than artisanal fishing to fish in a leased area except with the approval of the lessee or his authorized agent after the approval of the Council.
Article 35-
A- Any area of public water shall be invested to establish investment projects for raising fish and aquatic life in accordance with the investment law and in a manner that does not contradict the provisions of Law No. 65 of 2001.
B - The investment shall be made by a decision of the Minister in coordination with the concerned authorities based on the proposal of the Director General, and with conditions that guarantee protection of the environment, development of aquatic resources, and preservation of the rights of workers and boat owners.
C - Studies of projects submitted with investment applications remain the property of their owners.
Chapter 14
Fishing facilities
Article 36
The concerned authorities shall complete the necessary infrastructure for fishing facilities, especially:
A Construction of breakwaters, adequate berths and boat anchors, in addition to the facilities needed to rehabilitate the existing fishing ports and demolish their entrances or establish alternative ports.
B-Note suitable areas for establishing the sites referred to in Article 50 of this law in the exhibition of rehabilitation of fishing ports, fish and aquatic markets, or the establishment of fishing ports - picnic - and new markets.
C- Allow suitable areas in the main fishing ports to establish fuel stations in coordination with the hydrocarbon company, as well as refrigerated wards to preserve the catch, units for making ice from carpentry workshops and mechanics for rapid maintenance of fish boats.
D- Encouraging the implementation of the projects referred to in Paragraph C of this Article and issuing licenses for those wishing to invest in this field.
Chapter fifteen
Trading and marketing
Article 37-
Fishing boats must be provided with appropriate means to ensure that the catch reaches the market and is suitable for human consumption.
Article 38-
A It is forbidden to fish, land, possess, store, transport or handle fish and other aquatic organisms without the commercial volumes of public waters referred to in Article 31 of this law.
B - Excluded from the provisions of Paragraph A of this Article are catches intended for cultivation, breeding, or scientific research associated with the prior approval of the Council.
Article 39-
Fish and aquatic organisms may only be traded in markets that fulfill the technical health conditions in accordance with the provisions of this law.
Article 40-
A-The Commission, in coordination with the concerned authorities, shall set the technical conditions for places of sale and circulation of fish and aquatic organisms.
B - The conditions for settling the conditions of the existing places for trading and selling fish and aquatic life are determined by a decision of the Minister based on the proposal of the Council.
Article 41-
The administrative units, in coordination with the Authority and the concerned authorities, establish specialized markets for the sale and circulation of fish and aquatic organisms in accordance with the laws and regulations in force, taking into account not to combine fish and aquatic stores with other meat stores.
Article 42-
A- When importing fish, aquatic organisms and their products, the standard specifications approved for each of them, in addition to other technical and health conditions approved by the Ministry, shall be taken into consideration to ensure the safety of the product.
B - The import of fish and live aquatic organisms is subject to prior technical approval from the Council and approval from the Ministry of Local Administration and Environment.
C- The procedures and principles of release, cultivation and breeding of the introduced species shall be determined by a decision of the Minister based on the proposal of the Council.
Chapter 16
Protection of the aquatic environment
Article 43-
Projects that change the nature of the water media and the riparian lands with public waters are subject to the conditions specified by the concerned public authorities and the prior technical approval of the Council.
Article 44-
It is prohibited to discard industrial, agricultural, health, petroleum, sewage or waste products from oil mills and ships and their "ballast" balance water harmful to fish wealth and aquatic life into public waters.
Article 45-
Coastal marine reserves and wildlife reserves are established by a decision of the Minister based on the approval of the Council in coordination with the concerned authorities, taking into account the principles of preserving biological and environmental diversity.
Chapter seventeen
Migratory fish stocks
Article 46-
The authority encourages national investments and the employment of national productive capacities in the exploitation of migratory assets, especially those located in exclusive economic waters.
Article 47-
The Ministry seeks to achieve economic integration with neighboring countries to ensure the operation of surplus fishing capacities and to employ the expertise, available capital and equipment available in the exploitation of shared living wealth in the exclusive regional and economic waters, in accordance with Law No. 28 of 2003 and its amendments.
Article 48-
Arab and foreign vessels may be granted fishing rights in pure economic waters if their productive capacities are not fully exploited nationally, and the state’s share is determined in exchange for the rights granted by a decision of the Council of Ministers based on the proposal of the Minister in accordance with the agreements and laws in force: Chapter 18
Control of fish wealth and aquatic life
Article 49-
The authority studies modern methods and methods to monitor fish and aquatic wealth production processes, mechanisms and environments, and test the possibilities of applying the applicable regulations internally and externally.
Article 50-
The administrative units and the General Directorate of Ports shall provide places to the Authority and facilitate the operations of connecting them to the water, electricity, telephone networks and other public facilities by ensuring:
A- Appropriate sites that allow monitoring the movement of fishing boats and vessels, checking the safety of their fishing means, and recording catches in fishing ports.
B- sites in wholesale markets to sell fish to keep track of types, quantities, marketing movement and quality level.
Article 51-
The disembarkation of female fishermen from fishing boats and vessels is carried out in the presence of representatives of the authority.
Article 52-
The owners or managers of shops selling fish and aquatic organisms must provide the necessary information about species, sizes and quantities upon request of the authority representatives.
Chapter Nineteen
Penalties
Without prejudice to the more severe penalty stipulated in the laws and regulations in force, violators of the provisions of this law shall be subject to the following penalties:
Article 53-
A fine of 200,000 SYP two hundred thousand Syrian pounds to 400,000 SYP
Four hundred thousand Syrian Pounds Anyone who uses in fishing aquaculture an exotic boat or contrary to the specifications specified in this law in addition to seizing the boat for a period of fifteen days.
Article 54-
An intruder who practices hunting in a leased area in contravention of the provisions of Article 34 of this law shall be penalized with a fine from 25,000 SYP twenty-five thousand Syrian Pounds to 50,000 SYP fifty thousand Syrian Pounds in addition to confiscating the catch.
Article 55-
A- A fine from 400,000 SYP four hundred thousand Syrian Pounds to 600,000 SYP 600,000 Syrian Pounds in addition to confiscating the catch and means of fishing is punishable by:
1- Uses fishing means contrary to the specifications specified in this law.
2- He collects or traps fish eggs and aquatic organisms, their seeds, larvae or chicks, except for scientific studies, or traps fish and aquatic organisms in sizes less than commercial ones, or aquaculture fishing is prohibited.
3- He removes or chops the seaweeds of all kinds, regardless of their location, or removes or cuts the weeds that are used in the inland waters for spawning.
4- Hunting with barriers, dams, trenches, norias, diving devices, hooks, spears and firearms.
5- Fishing in temporary protection areas or protected areas.
6- Fishing during the no-hunting period.
B - The violating barriers, dams, trenches and water wheels shall be removed at the expense of the violator.
C - In the event of a repetition of the act, he shall be punished with imprisonment from two to six months and with the fine stipulated in Paragraph A of this Article.
Article 56-
A-Shall be punished by imprisonment from three to five years and a fine from 1,000,000 SYP one million Syrian pounds to 3,000,000 SYP three million Syrian Pounds in addition to confiscation of fishing gear and catches whoever practices destructive fishing by the following means:
1- Asphyxia and narcotic gases.
2- Electricity.
3- Explosives.
4- Poisons or pesticides and sterilizers.
5- Any other material of immediate or prolonged destructive action.
B- The maximum penalty and fine are imposed in the event of the repetition of the act, and the perpetrator is completely deprived of obtaining a fishing license.
Article 57
Shall be punished with imprisonment from one to three years and a fine from 500,000 SP five hundred thousand Syrian pounds to 1,000,000 Syrian pounds one million Syrian pounds in addition to confiscating fishing gear and catch each of the following:
A - Confiscate in his vehicle or any means of transport belonging to him forbidden means described in paragraph "A" of Article 56- of this law.
B- A catch is caught in his boat or any means of transport belonging to him, which the examination proves that it is trapped by the prohibited means.
Article 58-
A- A fine from 400,000 SYP four hundred thousand Syrian pounds to 600,000 SYP six hundred thousand Syrian Pounds shall be imposed on anyone who is seized in his place:
1- Fish and aquatic organisms in violation of the specifications and without the specified commercial sizes
According to the provisions of this law.
2- Illegally captured fish and aquatic organisms.
3- Fish and aquatic organisms caught during the period of prohibition.
4- Poisonous fish, forbidden to be caught.
5- Aquatic organisms threatened with extinction.
B - Confiscation of fish and aquatic organisms subject of the violation.
C - In the event of repetition of the deed, the maximum penalty shall be imposed on the fine in addition to closing the shop for a period of one month.
Article 59-
A-Anyone whose industrial, agricultural, medical or otherwise activities lead to harm to the water environment and anyone who violates the provisions of Article shall be punished with imprisonment from six months to three years and a fine from 500,000 SYP five hundred thousand Syrian pounds to 1,000,000 SYP million Syrian Pounds. 44 of this law, and the offense is removed at the expense of the perpetrator.
B-A maximum penalty and fine shall be imposed in the event of a repetition of the act, and the establishment shall be permanently closed.
Article 60-
A penalty of fine from 400,000 SYP four hundred thousand Syrian Pounds to 600,000 SYP 600,000 SYP shall be inflicted on whoever deals in means and fishing equipment in violation of the regulatory specifications specified in Article 31 of this law, and confiscates these means and equipment.
Article 61-
A fine of 100,000 SYP one hundred thousand Syrian Pounds to 200,000 SYP two hundred thousand Syrian Pounds shall be inflicted on whoever hides, drops, or tries to lower the sponge in contravention of the provisions of Article 32 of this law.
Article 62-
A- Anyone who uses environmentally harmful feed materials for feeding fish and aquatic organisms will be punished with a fine from 400,000 SYP four hundred thousand Syrian Pounds to 600,000 Syrian Pounds, and the violation is removed at the expense of the perpetrator, and the means and equipment for the manufacture of these feeds, if any, are confiscated.
B-In the event of a repetition of the act, he shall be punished with imprisonment from two to six months and with the fine stipulated in Paragraph A of this Article, and the farm shall be permanently closed.
Article 63-
Fishing means are seized as soon as the seizure is properly organized, whether its yield is known or not in the following cases:
A-Fishing means that are not permitted to be used.
B- Fishing means used in the fishing ban, in the coastal marine reserve, the wildlife reserve, or in the places where fishing is prohibited.
Article 64-
Seized materials shall be deposited in the authority’s warehouses until a final court decision is issued. As for the materials subject to rapid deterioration, they are sold directly by mutual consent in accordance with the enforceable contract law and their value shall be deposited in the state’s public treasury as trusts until a judicial decision of final status is issued regarding them.
Chapter Twenty
Exemptions
Article 65-
The fisherman who uses rapidly degradable nets is exempt from 50 percent of the annual fishing fee for the first year in which these nets are available in the local markets, 40 percent for the second year, 30 percent for the third year, 20 percent for the fourth year, and 10 percent for the fifth year.
Article 66-
A fishing boat licensed for marine fishing prior to the issuance of this law shall be exempted from 50 percent of the fees prescribed for a period of three years from the effective date of this law if the boat is equipped with an automatic refrigerator from the date of its registration.
Article 67-
Authority imports necessary for scientific research purposes are exempt from all taxes and fees provided that they are used for scientific research purposes.
Article 68-
The Commission, the scientific bodies and the Syrian universities are exempt from the restrictions imposed on hunting by a decision of the Minister for the implementation of scientific studies and research.
Chapter twenty-one
Transitional and final provisions
Article 69-
Coordination shall take place between the Authority and the General Directorate of Ports in everything related to the implementation of the provisions of this law related to marine waters.
Article 70-
The authority created under this law replaces the Public Authority for Fish Resources updated by Law 31 of 2008 with its rights and obligations, and the movable and immovable assets belonging to the Public Authority for Fish Resources devolve to it. All permanent workers at the Public Authority for Fish Resources on the date of this law coming into force are considered legally transferred To the newly created body with their same status, categories and wages while keeping their foot eligible for promotion. The delegated, contracted, temporary, seasonal and casual workers continue their current status with the updated authority in accordance with the laws and regulations in force.
Article 71-
The value of the fines collected for violating the provisions of this law shall be distributed according to the following:
70 percent in favor of the state treasury.
30 percent for the employees of the General Authority for Fish Resources and Aquatic Life and the shareholders in the work of the public authorities, and it is determined by a decision of the Minister.
Article 72-
The mechanism for marketing the Authority’s products is determined by a decision of the Minister based on the proposal of the Board.
Article 73-
The staffing structure of the Authority shall be issued, including the numerical staffing, by decree.
Article 74-
The Authority's internal system is issued by a decision of the Minister.
Article 75-
The Authority’s employees are subject to the provisions of the Basic Law for Employees in the State No. 50 of 2004 and its amendments in all that is not stipulated in this law.
Article 76-
The authority shall have an independent budget with a special branch attached to the ministry's budget, and it shall be entered into the state's general budget with all its expenditures and revenues.
Article 77-
Law No. 32 of 1957, which is applied in public bodies of an administrative nature, according to the provisions of Law No. 257 of 1959, shall be applied to the Commission in all that is not stipulated in this law.
Article 78-
The executive instructions for the provisions of this law shall be issued by a decision of the Minister.
Article 79-
Legislative Decree No. 30 of 1964 and Law No. 31 of 2008 are repealed.
Article 80-
This law to be published in the official newspaper.
Damascus 2-8-1442 Hijri corresponding to 3/16-2021 AD
President of the Republic
Bashar al-Assad