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The Union calls on Dr. Salah Helal, Minister of Agriculture and Land Reclamation, to develop a ministry plan that includes focusing on the development of natural fishery resources in the Red Sea, the Mediterranean Sea, and the Gulf of Suez.
The Union also emphasized the necessity of strictly enforcing fisheries laws in the upcoming period, organizing fishing operations, and prohibiting any entity from interfering in development decisions.
Source: Cooperative Union for Aquatic Resources – Al-Sayyad Newspaper – Issue No. 74, May–June 2015
Article 1 – Definitions:
In the application of this law and its executive decisions, the following terms have the meanings indicated:
Article 34:
The General Assembly of the Union consists of representatives of all cooperative associations as follows:
(a) Each local cooperative association shall have one representative. If its membership exceeds the average total number of members of cooperative associations in the Union according to the latest final account, it shall have two representatives. If its membership exceeds twice the average, it shall have a third representative. In no case shall a local cooperative association have more than three representatives.
(b) Each joint association shall have one representative.
(c) Each general cooperative association shall have one representative for every ten joint associations in its membership, or fractions thereof, not exceeding five representatives in total.
Representatives are chosen by a decision of the Board of Directors of each cooperative association and must notify the Union before the meeting. Representatives must attend the Ordinary General Assembly in person, with one vote each, and may participate in the Extraordinary General Assembly.
Article 35:
The Union is managed by a Board of Directors consisting of no more than 15 members elected by the General Assembly from among the representatives of the associations, by secret ballot. Each fishing region is represented by one member, in addition to one representative for fish farming associations, joint associations, and general associations.
Chapter Five – General Provisions
Article 36:
The dues of the Cooperative Support Fund for Fishermen may be collected administratively through the cooperative associations and their members upon request of the Fund’s Board of Directors in the following cases:
(a) If the association or member delays repayment of loans from the fund.
(b) If the association or member breaches the terms of the loan contract, making the loan immediately due.
(c) If it becomes evident that the association does not need the full or part of the loan, or delays using it without valid reasons.
(d) If the Fund or the General Authority for Fish Resources Development believes that the association’s situation requires early repayment of the loan.
In all cases, the Fund must notify the association by registered letter one month before proceeding with administrative collection measures.
The committee for reviewing fishing regulations and publications in the Mediterranean was formed as follows:
Chair: Dr. Ahmed Abdel Wahab Branah
Rapporteur: Engineer Magd El-Bawab
Secretary: Mohamed Salah Sharaf
Members: Ahmed Awad Hawalah, Ahmed Abu El-Ghareeb, Hassan El-Qashawy, Hassan Massad Abdel Aal, Abdel Fattah Mohamed Ragab, Ibrahim Gomaa, Ragab Ibrahim, Mohamed Abdel Rabah Shahin, Ahmed Yous Els Heitami, Ahmed Elsayed Khamis, Mohamed Abdel Salam Mekky, Ibrahim Abdel Salam Oweinat, Sami Mohamed Bahiry, Mohamed Ahmed Ghazy.
The committee held a preparatory meeting to discuss its working method and agreed on the following:
Decisions:
Dr. Youssef Wali, Deputy Prime Minister and Minister of Agriculture and Land Reclamation, announced the issuance of Ministerial Decree No. 63 of 2002 concerning the inspection of establishments involved in exporting fish to European Union countries and the related laboratory tests. The decree stipulates that these establishments must obtain a permit from the General Authority for Veterinary Services after the exported fish have been inspected by specialized veterinary inspectors and verified to meet the Authority's export requirements and the specifications of the European Union countries.
Dr. Wali added that each establishment must pay 600 Egyptian pounds upon submitting the application to the Authority for the inspection fee and 1600 Egyptian pounds for health monitoring and periodic inspection expenses. The permit will be issued to establishments that meet the conditions and specifications for a period of six months, renewable for a similar period free of charge.
Source: Al-Sayyad Newspaper - Issue 13 - March-April 2002
Written by Amr Ismail
The South Cairo Court of First Instance recently referred Law No. (124) of 1983, concerning fishing in lakes, to the Supreme Constitutional Court. This referral was based on a request from the Land Center for Human Rights, which had filed a lawsuit on behalf of fishermen in Lake Edko, case number 11480 of 2001. The fishermen complained that the River Police confiscated boats and nets found at the scene of any violation, even something as minor as forgetting their fishing license.
Since the second paragraph of Article (52) of Law 124 of 1983, which is being challenged, grants the River Police the authority to seize boats, fishing gear, and water pumps when violations stipulated in the same law are committed, the Center has challenged the constitutionality of this law. This challenge is based on the argument that the authority granted to the River Police by the legislator, while ostensibly for seizure, is in reality for confiscation. This leads the authorities to store boats and nets in their warehouses, resulting in the nets becoming damaged, spoiled, and unusable for fishing again. This, in turn, burdens fishermen with the costs of purchasing new nets and fishing boats at a time when they are already struggling with low incomes due to the current economic conditions.
Although, in the event of a conviction, the seized items are confiscated, and in the event of an acquittal, the accused receives their tools after they have been damaged and spoiled in the stores of the River Police, the authority to seize items found at the scene of the violation, granted by the legislator to judicial officers in the event of one of the crimes stipulated in Law 124 of 1983, specifically in the second paragraph of the challenged Article (52), contradicts the protection afforded by the Constitution to private property as one of the values it safeguards and preserves, and which may not be infringed upon except in exceptional circumstances or by altering its legal basis.
Furthermore, it contradicts the presumption of innocence inherent in every human being, which is affirmed by the Egyptian Constitution and all relevant international conventions. Therefore, this presumption cannot be undermined by mere conjecture, but rather must be overturned by evidence derived from the case file, by the scales of justice, and with due diligence and insight. This can only be done if the accused is convicted by a final and irrevocable judgment.
Minister of Agriculture and Food Security
After reviewing:
Hereby decides:
Article (1):
The provisions of the attached decree shall apply to the Fishery Cooperative Societies.
Article (2):
This decree shall be published in the Egyptian Gazette and shall enter into force from the date of its publication.
(Dr. Youssef Amin Waly)
Presidential Decree of the Arab Republic of Egypt
No. (190) of 1983
Establishing the General Authority for Fish Resources Development
The President of the Republic
After reviewing the Constitution;
Law No. 308 of 1955 concerning Administrative Seizure;
Law No. 317 of 1956 issuing the Law on Cooperative Societies;
Presidential Decree-Law No. 128 of 1957 exempting cooperative societies from certain fees;
Law No. 61 of 1958 concerning the granting of concessions related to the exploitation of natural resources and public utilities and the amendment of concession terms;
Law No. 144 of 1961 concerning sponge fishing;
Law No. 61 of 1963 issuing the Public Authorities Law;
Law No. 121 of 1974 transferring certain powers from the Minister and Ministry of Supply and Internal Trade to the Minister and Ministry of Agriculture;
Law No. 43 of 1974 issuing the Law on the Investment of Arab and Foreign Capital and Free Zones;
Law No. 111 of 1975 concerning certain provisions related to Public Sector Companies;
Law No. 47 of 1978 issuing the Civil Service System for State Employees;
Law No. 43 of 1979 issuing the Local Administration Law;
Law No. 122 of 1980 issuing the Agricultural Cooperation Law;
Law No. 112 of 1981 amending certain provisions of the Agricultural Cooperation Law;
Presidential Decree No. 641 of 1976 assigning certain competencies to the Ministry of Agriculture;
Presidential Decree No. 1039 of 1979 concerning public economic authorities and funding bodies of an economic nature;
And upon the approval of the Council of Ministers and based on the opinion of the State Council;
Has decreed as follows:
A public economic authority named the General Authority for Fish Resources Development shall be established, possessing legal personality, headquartered in Cairo, and affiliated with the Minister of State for Agriculture and Food Security.
The Authority shall aim to develop the national economy in the field of fish resources and to establish horizontal and vertical expansion projects within the framework of the State’s general policy and plan.
Article 2:
Every vessel designated for fishing must, before commencing fishing, be numbered on both sides by the General Authority for Fish Resources Development with a serial number and mark indicating the vessel’s size and authorized fishing area. This number and mark must also appear on the sail according to forms and regulations issued by the Minister of Agriculture. These numbers must remain visible, and it is prohibited to erase, conceal, alter, or distort them. The vessel owner must request a renewal from the General Authority whenever necessary.
Article 3:
The vessel owner may not change its identification marks or dimensions without the approval of the General Authority for Fish Resources Development.
Article 4:
When operating a vessel, the following must be observed:
(the continuation of Article 4 would follow based on your next text
Article 4 (continued):
When operating a fishing vessel, the following must be observed:
(a) Proper lighting at night according to navigation laws and specifications issued by decision of the Minister of Agriculture.
(b) Avoidance of navigational channels and prohibited areas as specified in notices issued by decision of the Minister of Agriculture.
Article 5:
A vessel may only enter or navigate in prohibited fishing areas in emergency situations caused by weather conditions or vessel malfunction.
Article 6:
No one may operate a fishing vessel except those holding a valid certificate from the Ports and Lighthouses Authority confirming their competence, or from the General Authority for River Transport for fishing in inland waters.
Article 7:
Fishing is prohibited in areas or during periods designated as no-fishing zones, or using prohibited fishing gear, as determined by decision of the Minister of Agriculture.
Article 8:
It is prohibited to anchor a fishing vessel in unauthorized locations or to fish using unauthorized methods without the approval of the General Authority for Fish Resources Development.
Article 9:
No vessel shall carry nets, equipment, or tools that are unlicensed or prohibited, nor may anyone possess such tools in or near fishing areas.
Article 10:
It is prohibited to catch, sell, or possess fish or other aquatic life in fresh, dried, or salted form if they are smaller than the sizes specified by decision of the Minister of Agriculture. Grinding of fish of any size is forbidden except with a permit from the General Authority for Fish Resources Development.
Article 11:
Ornamental fish may only be caught from lakes with a permit from the General Authority for Fish Resources Development.
Article 12:
No fish may be sold, transferred, or otherwise handled in lakes or inland waters, and no weighing equipment may be present on vessels, except in the case of the High Dam Lake.
Article 13:
It is prohibited to use harmful, poisonous, narcotic, or lethal substances to aquatic life, explosives, or fishing methods such as barriers, dams, nets, or enclosures. The possession or use of water-lifting devices in lakes or on shores is prohibited except with a permit from the General Authority for Fish Resources Development. These provisions also apply to waters on privately owned land connected to Egyptian waters.
Article 14:
Without a permit from the General Authority for Fish Resources Development, no islands, bridges, dams, enclosures, or water reclamation may be constructed on lakes or their shores, except:
(a) To protect agricultural or property lands from lake flooding.
(b) To establish fish farms.
It is prohibited to use lake islands or their shore areas for livestock grazing or bird hunting without a permit from the General Authority.
Article 15:
Without prejudice to other laws, it is prohibited to discharge industrial waste, pesticides used in agriculture, or similar toxic or radioactive substances into Egyptian waters.
Article 16:
No solid or obstructive materials may be placed in fishing areas except authorized fishing traps.
Article 17:
The introduction or use of foreign fish species, eggs, or larvae is prohibited except with a permit from the General Authority for Fish Resources Development, following technical consultation with the Institute of Marine Science and Fisheries.
Article 18:
Planting reeds or rhizome-based plants in fishing areas, or backfilling parts of the water body to raise land, is prohibited.
Article 19:
Collecting, transporting, or possessing fish fry from the sea, lakes, or other water bodies is prohibited without a permit from the General Authority for Fish Resources Development.
Article 20:
No government entity, company, local unit, cooperative, or individual may drain any lake area unless a committee—including representatives from the Ministries of Agriculture, Land Reclamation, Irrigation, Planning, Local Administration, the Institute of Marine Science and Fisheries, and the General Authority for Fish Resources Development—issues a report proving the area is economically unfit for fishing, except for areas drained before the enactment of this law.
Article 21:
Scientific, technical, and research authorities are entitled to conduct experiments and studies in authorized fishing areas throughout the year. They may use vessels, tools, and equipment necessary for these studies. These authorities may also employ licensed fishermen and obtain samples of fish or other aquatic life for purposes of research, breeding, feeding fish farms, or restocking other fishing areas, in coordination with the General Authority for Fish Resources Development.
Article 22:
Cooperative societies for aquatic resources, fishermen, vessel captains, and fish traders must provide all statistical data regarding fishing operations, fish production, and marketing in accordance with rules determined by the Executive Regulations.
Article 37:
Amounts due to cooperative associations from their members may be collected administratively, within the limits of the association’s purposes as set out in Law No. 123 of 1983 and its internal regulations, upon request of the association’s Board of Directors or the General Authority for Fish Resources Development.
Article 38:
Administrative collection of dues shall be carried out by employees assigned by the General Authority for Fish Resources Development, in accordance with the Administrative Seizure Law. These employees have judicial police authority.
Article 39:
Cooperative associations must maintain the following records:
All books must be numbered, stamped by the General Authority for Fish Resources Development before use, and endorsed at the end of each fiscal year by the relevant regional office.
Article 40:
Each member is provided a transaction card recording all dealings with the association, including loans, repayments, and obligations. Lost or damaged cards must be replaced within one week. The card serves as proof for both the member and the association. Separate books must be kept for transactions with members and with others.
Article 41:
Cooperative associations may provide services to non-members within the following limits:
Non-member transactions must never exceed those of members.
Article 42:
General associations may establish economic and social funds to develop fisheries and support members in unemployment, disability, old age, and other social solidarity purposes. Each fund must have an independent account and bylaws approved by the General Assembly and authorized by the General Authority for Fish Resources Development.
Joint and local associations may also establish such funds with support from the General Association. Existing funds are transferred and evaluated by the General Authority to similar funds established under this regulation
Article 43:
The dissolution of the association is issued by a decision of the Extraordinary General Assembly or by a decision of the Minister of Agriculture upon the request of the General Authority for Fish Resources Development. The decision appoints liquidators, determines their fees and the duration of liquidation, and the Authority publishes a summary in the Official Gazette.
Article 44:
The final liquidation account shall be published in the Official Gazette. Members may file objections in the competent court within thirty days of publication. The right to sue board members for their actions expires three years from the date of publishing the final accounts. The right to file a lawsuit against the liquidators expires three years from the publication of the liquidation account or the date of the final court judgment regarding these accounts.
Article 45:
No more than the actual value of their shares may be distributed to members from the liquidation proceeds. No amount exceeding the loans, deposits, or returns due to them from the association may be paid.
Article 46:
Any remaining funds after the distribution mentioned in the previous article shall be deposited in a branch of a bank within the jurisdiction of the association’s headquarters. The Minister, based on proposals from the General Authority for Fish Resources Development, shall decide how to use these funds, either to establish a new cooperative association or for any public-benefit project in the association’s area.
Article 47:
An association may be merged into another association by a decision of the Extraordinary General Assembly or by a decision of the Minister upon request of the General Authority for Fish Resources Development. The associations being merged shall be evaluated, and the rights of their members determined before the merger. The Authority shall be notified of the decision or of the minutes of the General Assembly confirming it, and a summary shall be published in the Official Gazette.
Source: Al-Sayyad Newspaper, Issue 19, March–April 2003
Publications:
Several meetings were held where each article of previous decisions was read, discussed, and amended if necessary.
Craft Specifications in the Mediterranean:
The center appeals to the River Police to cease confiscating fishing boats upon issuing a violation notice until a ruling is issued on the appeal against the constitutionality of Article (52) of Law 124, in order to uphold the rule of law and guarantee their rights to a safe and dignified life.
Source: Al-Sayyad Newspaper - Issue Twelve - January-February 2002
The Authority shall undertake all necessary actions to achieve its objectives, particularly:
The Authority shall be the competent administrative body for fishery cooperative societies under Law No. 317 of 1956.
The Authority’s funds shall be deemed public funds and may be collected through administrative seizure.
The Authority shall have a Board of Directors formed by decision of the Minister of State for Agriculture and Food Security, headed by the Chairman of the Authority and including representatives of relevant companies, ministries, and entities as specified.
(In the absence of the Chairman, the eldest member presides.)
The Chairman shall be appointed and his salary determined by Presidential decree.
The Board of Directors is the supreme authority responsible for managing the Authority’s affairs, including financial management, internal regulations, staff matters, budget approval, legislative proposals, and acceptance of donations.
The Board shall meet at least once monthly. Meetings are valid with majority attendance; decisions are by majority vote.
Board decisions shall be submitted to the Minister for approval within one week. If no objection is raised within fifteen days, they become final.
The Chairman represents the Authority before the judiciary and in relations with third parties and executes Board decisions.
The Authority shall have an independent budget funded by:
The Authority shall have a special account; its fiscal year aligns with the State’s fiscal year.
The Authority assumes the competencies of the Central Administration for Fish Resources at the Ministry of Agriculture and acquires its assets and premises.
All employees of the Central Administration for Fish Resources shall be transferred to the Authority with their current grades and financial allocations.
Presidential Decree No. 641 of 1976 is repealed, along with any conflicting provisions.
This decree shall be published in the Official Gazette and shall enter into force the day following its publication.
Issued at the Presidency of the Republic on 31 May 1983.
(Hosni Mubarak)
President of the Republic
