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Cabinet Resolution Concerning the Regulation of Administrative Violations and Penalties Concerning Living Aquatic Resources and Reconciliation Thereof

The last update on this law was listed on 27 Nov 2023

Related legislations

Issued Date

27 Nov 2023

Effective Date

16 Dec 2023

Official Gazette Date

15 Dec 2023

Official Gazette No

765

Legislation State

Active

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Article (1) Definitions

In application of the provisions of this Resolution, the words and expressions set forth herein shall bear the meanings ascribed to them, unless the context otherwise requires:
State: United Arab Emirates (UAE).
Ministry: The Ministry of Climate Change and Environment.
Competent Authority: The federal and local government authorities that fall within its jurisdiction to implement any of the provisions of this Resolution.
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.

Article (2) Administrative Penalties

The Ministry or the competent authority—each within its jurisdiction—may impose the administrative penalties attached to this Resolution for the violations ascribed to each.

Article (3) Cancellation or Suspension of the Boat Licence

1. The Ministry may cancel or suspend the boat license for up to one year if (3) three different violations are committed within the same year or if the same violation is repeated for the fourth time or more.
2. The competent authority may, based on a recommendation of the Ministry, cancel or suspend the pleasure vessel license for up to one year if (3) three different violations are committed within the same year or if the same violation is repeated for the fourth time or more.

Article (4) Seizure of Administrative Violations

The authority that seizes any of the violations specified in this Resolution shall refer the violation to the Ministry or the competent authority—each within their jurisdiction—to take the necessary measures and impose the administrative penalties stipulated in this Resolution.

Article (5) Conciliation

The violator may apply for a conciliation to the authority that imposed the administrative penalty with respect to non-financial penalties. This shall be made by paying the conciliation amount specified in the Table attached to the Resolution and handing over the seized items of the violation. Such authority shall document the conciliation and collect its amount according to its applicable procedures.

Article (6) Payment of Conciliation Amount

The violator shall pay the conciliation amount within a period not exceeding one month as of the date on which conciliation is accepted.

Article (7) Referral to Public Prosecution

If the violator fails to pay the conciliation amount within the period specified in Article (6) of this Resolution, the authority that imposed the administrative penalty shall, according to its applicable procedures, refer the violator to the competent Public Prosecution to take the legal actions in this respect.

Article (8) Expiration of the Administrative Penalty

1. The administrative penalty expires one year as of the date the non-financial administrative penalty is imposed.
2. The administrative penalty expires one year as of the date the financial administrative fine is collected.

Article (9) Collection of Administrative Fines

1. The Ministry shall collect the administrative fines imposed subject to this Resolution through the means determined by the Ministry of Finance and such fines shall be transferred to the unified treasury account in the federal government.
2. The local competent authority shall collect administrative fines imposed by the same authority subject to this Resolution to the treasury of the local government according to the mechanism applicable at every Emirate.
3. The Ministry of Energy & Infrastructure shall collect the administrative fines imposed subject to this Resolution with respect to the pleasure vessel through the means determined by the Ministry of Finance and such fines shall be transferred to the unified treasury account in the federal government.

Article (10) Exemptions

Violators shall be exempted from administrative penalties that are currently under application, except for financial fines imposed pursuant to Cabinet Resolution No. (18) of 2012 Concerning the Application of Administrative Penalties against Violators of the Regulatory Resolution Concerning Living Aquatic Wealth and Fisheries.

Article (11) Appealing the Administrative Penalties

1. The authority that imposed the administrative penalty according to the provisions of this Resolution shall notify the relevant parties of the administrative penalty within fifteen (15) days as of the date of its issuance.
2. Every party with an interest shall have the right to appeal the administrative penalty to the authority that imposed the penalty within (30) thirty days from the date of being notified of the appealed decision. The appeal shall be substantiated and accompanied by all supporting documents. The appeal shall be decided upon within (30) thirty days from the date of submission thereof, in accordance with the procedures followed by such authority. The expiration of this period without the issuance of a rejection decision shall be considered as a rejection of the appeal.
3. The decision issued on the appeal shall be final.
4. An appeal against the decision to impose the administrative penalty shall not be accepted after the expiration of the period specified in clause (2) of this Article.

Article (12) Repeals

Cabinet Resolution No. (18) of 2012 Concerning the Application of Administrative Penalties against Violators of the Regulatory Resolution Concerning Living Aquatic Wealth and Fisheries shall be repealed. Any provision that violates or contradicts the provisions of this Resolution shall be repealed.

Article (13) Publication and Entry into Force

This Resolution shall be published in the Official Gazette and shall enter into force as of the day following its publication date.

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