Executive Council Resolution No. (2) of 2021
Forming the Committee
Regulating the Fishing of Living Aquatic Organisms in the Emirate of
Dubai[1]
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We, Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of
Dubai, Chairman of the Executive Council,
After perusal of:
Federal Law No. (23) of 1999 Concerning
Exploitation, Protection, and Development of Living Aquatic Organisms in the United Arab Emirates and its amendments and Implementing
Bylaw;
Cabinet Resolution No. (18) of 2012
Imposing Administrative Penalties on Violators of the Regulatory Resolutions
Concerning Fish and Other Living Aquatic Organisms;
Law No. (5) of 1995 Establishing the
Department of Finance;
Law No. (3) of 2003 Establishing the
Executive Council of the Emirate of Dubai;
Decree No. (22) of 2001 Concerning the Conservation of Coastal Areas in the Emirate of Dubai; and
The Order of 1961 Establishing the Dubai
Municipality,
Do hereby issue this
Resolution.
The following words and expressions,
wherever mentioned in this Resolution, will have the meaning indicated opposite
each of them unless the context implies otherwise:
|
Emirate: |
The Emirate of
Dubai. |
|
Ministry: |
The Ministry of
Climate Change and Environment. |
|
Executive Council: |
The Executive
Council of the Emirate of Dubai. |
|
Committee: |
The Committee
Regulating the Fishing of Living Aquatic Organisms, formed pursuant to this Resolution. |
|
Living Aquatic Organisms: |
The microscopic,
small, and large aquatic plant and animal organisms which reside in, migrate to, or pass through the Waters of the Emirate.
These include coral reefs and seaweed meadows. |
|
Waters of the Emirate: |
The internal waters of the Emirate, including the coastline of islands, the creeks, the beaches and coastline of the Emirate,
territorial waters, and the
waters of the
exclusive economic zone. |
|
Fishing: |
The extraction of Living Aquatic Organisms from their
natural habitats. |
|
Fisherman: |
A person who
practises Fishing as a profession in the Waters of the Emirate. |
This Resolution aims to:
1. ensure proper implementation of the provisions of federal legislation and Cabinet resolutions concerning the protection of Living Aquatic Organisms, and minimize the violations endangering the stock of Living Aquatic Organisms in the Waters of the Emirate;
2. regulate the Fishing of Living Aquatic Organisms in the Emirate in a manner that secures sustainable stock levels for community members and future generations;
3. enable Living Aquatic Organisms to reproduce, reach adulthood and breeding maturity, survive, and thrive; and combat the depletion and over-Fishing of Living Aquatic Organisms; and
4. encourage the use of Fishing equipment that is friendly to aquatic life, and combat the use of Fishing Gear and Equipment that cause wasting the stock of Living Aquatic Organisms.
a. Pursuant to this Resolution, a committee named the “Committee Regulating the Fishing of Living Aquatic Organisms” (the “Committee”) is hereby formed under the chairmanship of Mr. Ahmed Mohammed bin Thani, and with the membership of representatives from the following entities:
1. the Ministry of Climate Change and Environment;
2. the Dubai Police;
3. the Dubai Municipality;
4. the Dubai Customs Department;
5. the Dubai Maritime City Authority;
6. the Dubai Fishermen Cooperative Society;
7. the Critical Infrastructure and Coastal Protection Authority; and
8. the Fishermen community (two (2) representatives selected by the Committee chairman).
b. The representatives of the entities that are members of the Committee will be nominated by the officials in charge of these entities. These representatives must be experienced and specialised in fields that are relevant to the work of the Committee.
The Committee will have the duties and
powers to:
1. develop the general policy and strategic plans required for conservation of Living Aquatic Organisms in the Waters of the Emirate, in line with the federal legislation and Cabinet resolutions issued in this respect;
2. without prejudice to the relevant rules prescribed by the Ministry, approve the conditions, rules, and controls related to practising the Fishing profession in the Emirate; and monitor the quantities of Living Aquatic Organisms that are caught, traded, and sold on the markets, particularly the prohibited species catch;
3. issue the circulars and instructions required to ensure that Fishermen comply with the federal legislation and Cabinet resolutions issued for the protection and development of Living Aquatic Organisms;
4. identify the acts committed by Fishermen in breach of the relevant federal legislation and Cabinet resolutions issued; and propose a list of other acts that may pose a threat to Living Aquatic Organisms in the Emirate, and submit the same to the Executive Council for approval;
5. submit lists of names of the persons who commit violations in respect of Living Aquatic Organisms to the competent law enforcement officers to record these violations, and impose fines and administrative measures against violators;
6. determine areas where Fishing is authorised and areas where Fishing is prohibited in the Emirate, and determine allowed and prohibited Fishing Gear and Equipment, in accordance with the requirements adopted by the Ministry in this respect;
7. submit to the Executive Council the proposals and recommendations that may contribute to the protection and development of Living Aquatic Organisms;
8. develop programmes to raise the awareness of Fishermen on the protection and development of Living Aquatic Organisms;
9. set the Committee’s action plan, develop the performance indicators and quantitative goals to be achieved; measure progress in the implementation of the action plan; develop improvement plans in light of the achieved outcomes; and submit the relevant periodic reports to the Executive Council;
10. form permanent and temporary sub-committees and work teams; and determine their duties, powers, and tenures;
11. seek assistance, in performing its duties, from experts and specialists as it deems appropriate; and
12. exercise any other duties or powers assigned to it by the Executive Council.
a. The Committee will convene at the invitation of its chairman at least once a month or where necessary, at the time and place determined by the chairman.
b. During its first meeting, the Committee will select a vice chairman. The vice chairman will perform the duties of the chairman of the Committee where the chairman is absent or where his post falls vacant for any reason.
c. Committee meetings will be valid if attended by the majority of its members, provided that the chairman or vice chairman is in attendance.
d. The Committee will pass its resolutions and recommendations by majority vote of attending members; and in the event of a tie, the chair of the meeting will have a casting vote.
e. Committee resolutions and recommendations will be recorded in minutes of meetings signed by the chair of the meeting and attending members.
f. A rapporteur will be appointed to the Committee by its chairman. The rapporteur will be responsible for sending meeting invitations to members of the Committee, preparing its meeting agendas, recording its minutes of meetings, following up the implementation of its resolutions and recommendations, and performing any other duties assigned to him by the chairman of the Committee.
The Committee will submit to the
Executive Council periodic
reports which include the Committee's achievements, its remarks, the obstacles
encountered by it, and the solutions and proposals recommended by it.
All individuals and entities, including
Government Entities, the authorities supervising Special
Development Zones and free zones, and private corporations, must fully
cooperate with the Committee and provide it with the required data, statistics,
information, and studies it requires and deems necessary for the
performance of its functions
under this Resolution.
The Committee must coordinate with
Department of Finance for the provision of the financial resources required to
enable it to perform its duties and functions under this Resolution.
The chairman of the Committee will issue
the resolutions required for the implementation of the provisions of this
Resolution.
In exercising its duties and functions
under this Resolution, the Committee must comply with the above-mentioned
Federal Law No. (23) of 1999, its Implementing Bylaw, and the Cabinet
resolutions issued in implementation thereof.
This Resolution comes into force on the
day on which it is issued, and will be published in the Official Gazette.
Hamdan bin Mohammed bin Rashid Al Maktoum
Crown Prince
of Dubai
Chairman of
the Executive Council
Issued in Dubai on 3 February 2021
Corresponding to 21 Jumada al-Thaniyah 1442 A.H.
©2021 The Supreme
Legislation Committee in the Emirate of Dubai
[1]Every effort
has been made to produce an accurate and complete English version of this
legislation. However, for the purpose of its interpretation and application,
reference must be made to the original Arabic text. In case of conflict, the
Arabic text will prevail.