Report on the Legislation Regulating the Relationship Between Fishermen in Beni Suef and Governmental and Cooperative Institutions

Introduction:

The fishing communities in general, and those in the villages of Beni Suef Governorate in particular, interact with numerous entities and institutions due to the environmental, economic, and social conditions under which these communities conduct their various activities. Within the framework of the rules and legislation governing the work of various governmental and non-governmental institutions, and defining the jurisdictions and responsibilities of each entity, the fishermen must deal with a multitude of bodies and institutions.

The General Authority for Fish Resources Development is responsible for organizing, managing, and sustainably utilizing fish resources (fishing operations). However, these resources are located within an environmental context (the Nile River and its tributaries) under the management, protection, and preservation of the Ministry of Irrigation and Water Resources. Both entities operate within a legal and legislative framework to achieve their objectives and responsibilities. A third party, the River Police, is responsible for monitoring and enforcing these laws, which also include environmental protection laws and regulations.

Since fishing is a productive activity that generates income, it is subject, like other economic activities, to taxes as determined by law. This is where the relationship between fishermen and the tax authority, regulated by tax legislation, comes into play.

With the spread of cooperative concepts and with the aim of improving the economic and social conditions of fishermen, the state encouraged the organization of fishermen into cooperatives to represent them and defend their rights. Through these cooperatives, the state provided various forms of support to fishermen, including customs exemptions on fishing equipment and supplies, as well as tax exemptions, low-interest loans, and other forms of assistance. This was achieved through the issuance of legislation pertaining to aquatic resource associations and higher-level cooperative structures. Consequently, most fishermen became affiliated with cooperative societies, and local cooperative societies were linked to the Cooperative Union for Aquatic Resources.

In this context, the current report aims to:

First: Analyze the laws and other fundamental legislation that regulate the relationship between the targeted groups of fishermen and the relevant governmental and cooperative bodies. This legislation includes the following:

- Legislation regulating fishing activities and the protection of fish stocks.

- Legislation pertaining to the protection of the Nile River and waterways. - Legislation pertaining to cooperative organizations.

- Tax legislation.

Second: Evaluating the effectiveness of these laws and the limitations of their implementation.

Third: The mechanisms and policies necessary to raise awareness among fishermen about their rights and obligations as defined by legislation, and to strengthen advocacy and lobbying efforts.

To understand the different perspectives regarding legislation and its implementation, meetings were held with the Board of Directors of the Beni Suef Cooperative Society, the Fisheries Officer, and the Commander of the Waterways and Environmental Protection Police in the governorate. The same topics were also discussed with officials at the General Authority for Fish Resources Development headquarters, the Tax Authority in Cairo, and the Chairman of the Board of Directors of the Cooperative Union for Aquatic Resources.

First: Analyzing the fundamental legislation governing the relationship between the targeted groups of fishermen and governmental and cooperative entities.

Analyzing the legislation requires, first and foremost, reviewing the articles and clauses relevant to this report, as stipulated in the following laws:

1- Legislation Regulating Fishing Activities and Protecting Fish Resources:

1-1 Law No. 124 of 1983 Concerning Fishing and Aquaculture and Regulating Fish Farms.

- Article (1) defines inland waters as the course of the Nile River, canals, irrigation ditches, public drains, ponds, and marshes owned by the state. These are the water bodies in which fishing is permitted according to the conditions set by the General Authority for Fish Resources Development, which will be mentioned later.

- A fisherman is defined as anyone who practices the profession of fishing, whether by foot or by boat. The captain of the boat is responsible for managing and operating the vessel. The term "magha" refers to the number of mesh sizes in a net per fifty linear meters. Water pollution is defined as the alteration of the natural, chemical, and biological properties of water resulting from the dumping or leakage of foreign substances such as oils and their derivatives, organic and inorganic chemical waste, pesticides, or sewage into Egyptian waters, which leads to harm to aquatic resources or public health.

The law specifies the operating requirements and conditions for fishing vessels, as well as the permitted fishing gear and the total fish catches, in the following articles:

Article 2 - Every licensed fishing vessel must be numbered on both sides by the General Authority for Fish Resources Development before commencing fishing. This number must be marked with a serial number and a symbol indicating the vessel's classification and the fishing authority. These numbers must be kept clear and may not be erased, concealed, defaced, or altered. The vessel owner must request the General Authority for Fish Resources Development to renew them whenever they are erased.

Article 3 - The vessel owner may not alter the vessel's features or dimensions without the approval of the General Authority for Fish Resources Development.

Article 5 - A vessel may not be moored or operated in areas where fishing is prohibited, except in emergency situations resulting from weather conditions or vessel malfunction.

Article 7 - Fishing is prohibited in areas where fishing is prohibited, or fishing with prohibited gear, and during fishing seasons specified by the Minister of Agriculture in a decree.

Article 8 - A fishing vessel may not moor in areas other than those for which it is licensed, nor may it fish using unlicensed methods without the approval of the General Authority for Fish Resources Development.

Article 9 - A vessel may not possess unlicensed nets, equipment, or tools, or fishing gear prohibited from use.

No person may possess these machines and tools in or near fishing areas.

Article 10 - It is prohibited to catch, sell, or possess fish or other aquatic organisms, whether fresh, dried, or salted, that are smaller or smaller than the lengths and sizes specified by a decision of the Minister of Agriculture. Grinding fish of any size is prohibited except with a permit from the General Authority for Fish Resources Development.

Article 12 - It is prohibited to dispose of fish within lakes and inland waters. Furthermore, no fish-weighing equipment may be present on any vessel, with the exception of Lake Nasser.

Article 13 - Fishing with harmful, toxic, narcotic, or lethal substances to aquatic life, or with explosives, is prohibited. Fishing with barriers, enclosures, gullies, or any type of dam or enclosure is also prohibited. Furthermore, the possession or use of water-lifting equipment within lakes or on their shores is prohibited except with a permit from the General Authority for Fish Resources Development. The provisions of this article also apply to fishing in waters covering privately owned lands that are connected to Egyptian waters.

To protect water bodies from pollution, preserve fishing areas from encroachment, and protect fish resources and biodiversity in Egyptian waters, the law includes the following articles:

Article 15 - Without prejudice to the provisions of any other law, it is prohibited to dump or discharge factory waste, pesticides used to control agricultural pests, or similar toxic or radioactive materials into Egyptian waters.

Article 16 - It is prohibited to throw or place solid objects or anything else that obstructs fishing operations in fishing areas, except for licensed fishing traps.

Article 17 - It is prohibited to use or introduce foreign fish, their eggs, or larvae into the country for any purpose whatsoever, except with a permit from the General Authority for Fish Resources Development after technical consultation with the Institute of Marine Sciences and Fisheries.

Article 18 - It is prohibited to cultivate reeds or rhizomatous plants in fishing areas or to fill in parts of them for the purpose of raising the soil.

Article 19 - It is prohibited to collect, transport, or possess fish fry from the sea, lakes, or other bodies of water except with a permit from the General Authority for Fish Resources Development.

The law specifies the conditions necessary for operating a fishing vessel and practicing the fishing profession, and grants fishermen's cooperative societies the right to establish fish collection centers, as follows:

Article 23 - No vessel may be used for fishing without a license, and no fisherman may engage in fishing unless he possesses a fishing card.

Fishing licenses may not be issued for a number of vessels exceeding the number specified in the executive regulations for each fishing method.

Article 27 - The license is valid until December 31st of each year and must be renewed annually within ninety days of that date.

Article 31 - The license must include:

(e) The areas in which fishing is permitted.

(d) The fishing method authorized. Article 32 - No vessel may be operated with a license designated for another vessel. However, if a vessel is lost or becomes inoperable due to force majeure, and the vessel owner equips a replacement vessel within three years of the date of loss, or the disbursement of compensation or insurance, or two years from the date of damage, the owner shall have the right to use the license for another vessel for fishing in the same manner, subject to the approval of the General Authority for Fish Resources Development. If the aforementioned periods expire without the owner equipping the replacement vessel, the license shall be revoked. In this case, the aforementioned authority may grant the license to the next eligible person, based on the records allocated to each region.

Article 37 - A license application shall be submitted by the vessel owner or the person responsible for its management. Renewal is not permitted except after payment of the fees and settlement of any outstanding debts stipulated in this law, as well as payment of any fines imposed for violating the provisions of this law.

Article 40 - Fishermen's cooperative societies may establish fish collection centers (fishing areas) in fishing grounds. The executive regulations shall govern the conditions for establishing these centers. Article 41 – Fishermen in inland waters who use only one fishing rod with no more than three hooks are exempt from obtaining a fishing card.

Article 45 of the law specifies the fees for fishing licenses and their renewal at 4 Egyptian pounds for each third-class vessel with a crew of no more than three people. These are the vessels used in the Beni Suef Governorate. The law also sets the fishing card fee at 100 piasters annually in all fishing areas.

However, the Minister of Agriculture may, by decree and according to the specific production conditions of fishing, amend the fees imposed in all or some fishing areas, provided that the reduction does not exceed one-quarter of these fees and the increase does not exceed double them. The Minister may also reduce the fees for vessels belonging to aquatic resource cooperative societies and their members, and vessels of public sector companies, by no more than half the prescribed fees (Article 43).

The fees are annual and payable in advance. If the vessel is licensed during the year, the fees are collected proportionally for the remaining period (Article 44).

• Regarding the control of aquatic weeds and plants in waterways that impede fishing operations, Article (50) of the law stipulates:

"Except in waterways used for irrigation, drainage, drinking water, and water supply, it is not permissible to remove, cut, or spray aquatic weeds and plants as determined by a decision issued by the General Authority for Fish Resources Development in agreement with the Ministry of Irrigation. This decision will specify the location, area, and types of weeds for each area separately, according to its specific conditions."

• To support the development and protection of aquatic resources, Article (51) of the law stipulates the establishment of a national fund to support the development and protection of aquatic resources. Its resources consist of:

1- Amounts collected from settlements with violators.

2- Fines imposed on violators.

3- Proceeds from the sale of seized items.

4- Allocations made by the General Authority for Fish Resources Development in the

Its budget is determined annually.

The executive regulations of the law stipulate the following:

- It is prohibited to catch, sell, or possess fish, whether fresh, dried, or salted, from natural sources if its length, from the tip of the mouth to the end of the tail, is less than the following dimensions: Tilapia (common fish in Beni Suef Governorate) 10 cm (Article 5). The executive regulations do not specify dimensions for other species in inland waters.

- In technical matters related to the specifications of fishing nets, gear, and seized fish, a technical report from a representative of the relevant authority is required before the official report is filed. Those dissatisfied with the report may appeal to the head of the authority. A committee is formed to review the appeal, consisting of another technical expert, a representative of the association or the head of the fishermen, and the person who made the seizure (paragraph C of Article 6).

- Cooperative societies may establish fish collection centers (harvesting areas) in fishing grounds for the purpose of collecting fish for sale, excluding Lake Nasser, subject to the following conditions and procedures:

(a)........................................

(b) In the case of establishing collection centers (harvesting areas) on the banks of the Nile, canals, and drains, the license to use the land on which the collection center (harvesting area) is to be issued by the competent irrigation authority, in accordance with the legally prescribed conditions and procedures (Article 9).

- The use of any nets with a mesh size not exceeding (26) is permitted. Fishing by trawling nets from boats while underway is prohibited (Article 35).

Fishing is prohibited within a radius of 50 meters around any bridge, culvert, tower, pumping station, siphon, tributary, crossing, or any structure erected to protect the banks of the Nile, canals, drains, or pumping stations (Article 36).

Source: Dr. Ahmed Abdel Wahab Barania, Professor of Fisheries Economics and Development