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Resolution No. (174) of 1989
As amended by Resolution No. (416) of 1989
Chairman of the Board
Having reviewed Law No. 124 of 1983 concerning fish and aquatic life and the regulation of fish farms and its implementing regulations,
and Presidential Decree No. 190 of 1983 establishing the General Authority for Fish Resources Development,
and Presidential Decree No. 465 of 1983 defining the water bodies that the General Authority for Fish Resources Development is responsible for developing and supervising the implementation of fishing laws therein,
and Ministerial Decree No. 964 of 1987 authorizing us to issue resolutions related to the implementation of Fishing Law No. 124 of 1983 and its implementing regulations,
and our Resolution No. 82 of 1987 forming a main committee to evaluate fishing professions.
Based on the recommendations of the main committee for evaluating fishing professions,
and in the interest of the work,
Article (1) The following fishing methods are permitted in the northern lakes:
First: Fishing methods used in Lakes Manzala, Burullus, Edku, and Mariout:
(1) The "Jawabi" (a type of net)
- The use of "Jawabi" (a type of net) made of net or wire with a mesh size not exceeding 170 is permitted.
- Placing "Jawabi" on any type of reef is prohibited.
(2) The "Tarrah" (a type of net) or "Ghazl al-Ramya" (a type of net) or "Kanf" (a type of net)
- The mesh size must not exceed 26.
- The diameter of the net must not exceed five meters when used.
- A fisherman is not permitted to use more than two "Tarrah" nets.
(3) The "Sinnar" (a type of fishing line)
- The use of the following methods for fishing with a hook is permitted.
- Reed fishing using bait.
- Line fishing without bait.
The use of toxic or harmful substances in bait is prohibited. Fishermen are permitted to use a hook for bait fishing with a length not exceeding one and a half meters.
The hoop is a triangular piece of wood, one and a half meters long, and may not be used for any purpose other than that for which it is intended.
(4) Field fishing technique
- Three-layer net: lead weight every five centimeters and fine mesh every 30 centimeters.
- 8-inch length for the prison and 20-inch length for the body.
(5) Crew or soft net technique
This is a three-layer net, and its use is subject to the following conditions and specifications:- The length of the net ranges from 100 to 150 meters, and the height of the net is not less than 100 centimeters. The net is reinforced at the top with cork and at the bottom with lead.- The capacity of the outer spinning eyes is greater than that of the inner spinning eyes, and the latter has 26 eyes per 50 cm length.
Decree No. (124) of 1983
Issuing a Law Concerning Fishing and Aquatic Life
And Regulating Fish Farms (41)
In the Name of the People
President of the Republic
The People's Assembly has enacted the following law, which we hereby promulgate:
(Article 1)
The provisions of the accompanying law concerning fishing and aquatic life and regulating fish farms shall be implemented.
(Article 2)
Law No. 144 of 1960 concerning fishing is hereby repealed. Existing decrees and regulations shall remain in force insofar as they do not conflict with the provisions of this law until the executive regulations and implementing decrees are issued.
(Article 3)
The General Authority for the Development of Fish Resources shall be the administrative body responsible for implementing the provisions of this law. This Authority shall be affiliated with the Minister of Agriculture.
(Article 4)
This law shall be published in the Official Gazette and shall enter into force on the day following its publication, with the exception of Article 6, whose provisions shall enter into force one year after the date of its entry into force.
This law is sealed with the State Seal and shall be implemented as one of its laws. Issued by the Presidency of the Republic on 9 Dhu al-Qi'dah 1403 (18 August 1983).
Fishing and Aquatic Life Law
And the Regulation of Fish Farms
—
Chapter One
Regulation of Fishing
—
Section One
General Provisions
—
Article 1 - The following terms shall have the meanings assigned to them below for the purposes of this law and its implementing regulations:
Marine Waters: The territorial waters of the Arab Republic of Egypt.
Inland Waters: The course of the Nile River, canals, irrigation ditches, public drains, ponds, and marshes owned by the State.
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.
Article 16 of the law stipulates:
“Anyone who violates the provisions of Article (13) of this law shall be punished by imprisonment for a period not less than six months and not exceeding two years, and a fine not less than five hundred Egyptian pounds and not exceeding one thousand Egyptian pounds.
In all cases, the boats and fishing equipment found at the site of the violation shall be seized. The illegally caught fish shall also be confiscated and sold, and a ruling shall be issued for the confiscation of the seized items or their value for the benefit of the General Authority for Fish Resources Development. The violation shall be administratively removed at the violator’s expense. In the case of repetition, the penalty shall be doubled.”
Article 54 also states:
“Anyone who violates the provisions of Article (9) of this law, and anyone who practices fishing or uses a boat without a license, shall be punished by imprisonment for a period not exceeding three months, or by a fine not exceeding fifty Egyptian pounds, or by one of these two penalties.
The boats, tools used, and the caught fish shall be seized. A ruling shall be issued for the confiscation of these tools and the value of the fish for the benefit of the General Authority for Fish Resources Development. In all cases, the convicted person shall pay double the annual fees prescribed for the period during which the boat operated without a license.”
Article 55 states:
“Anyone who violates the provisions of Articles 7, 10, 16, 17, 18, and 19 of this law shall be punished by imprisonment for a period not less than three months and not exceeding six months, and a fine not less than one hundred Egyptian pounds and not exceeding five hundred Egyptian pounds, or by one of these two penalties.
In case of repetition, the penalty shall be doubled. The fishing equipment, fish, and weighing devices in the possession of the violator shall be seized, and a ruling shall be issued for the confiscation of these tools and the value of the fish for the benefit of the General Authority for Fish Resources Development.”
(Ministry of Irrigation and Water Resources)
- This fishing method involves two boats, each equipped with a single net. The nets are connected at both ends, and the boats move in opposite directions in a circular motion.
- Fishing with this method is carried out by the fishermen creating noise and water movement. The fish fall into the narrow mesh of the medium-sized net, which, along with the outer net, forms a pocket from which the fish cannot escape. The two connected nets are then brought together by the boats, each boat holding one end.
- The two boats operate without using a sail.
(6) The Dabba, Madad, or Nashah Method
- A single-layer net, no longer than 400 meters, with a mesh size not exceeding 26, and a net height of 60-100 cm.
Or a three-layer net with a mesh size of at least 8 and a body mesh size of 20.
- The net has cork on top and lead on the bottom.
(7) Bird netting with any mesh size.
Second: Scale netting, used in Lakes Burullus, Aku, and Mariout, with the following specifications:
- A single-layer net made up of several pieces, each 10-12 meters long, with a net height of approximately 80 cm and a mesh size of 14. The net is reinforced at the bottom with lead weights and has no cork at the top.
- Only one vessel is permitted to use this net.
- When using the net for fishing, it is placed vertically in the water by anchoring it to palm frond or reed poles.
- This net is used for catching scale fish such as catfish and grouper.
Third: Eel and shrimp netting, used in Lakes Manzala, Burullus, and Edku, with the following specifications:(1) Snake Netting
- 35 mesh size for wings and 40 mesh size for the bag in the northern inlets and during dark periods in the outskirts of the snakes, according to the quantities and conditions determined by the General Authority for Fish Resources Development each season.
(2) Shrimp Netting
- 35 mesh size for the rig and 45 mesh size for the box, from the beginning of September to the end of December each year. It is used at night and retrieved during the day.
Fourth: Fishing Methods Used Only in Lake Manzala:
(1) The Tawans Method
- The upright rig is a single-layer net without floats or lead, two meters high, with the rods fixed every 80 cm. The net's mesh size should not exceed 26.
- The upright or flat trap is the horizontal part: a 3-layer net with a mesh size of 8 and a mesh size of 18, with rods fixed every 50 cm.
- The length of the yarn should not exceed 300 meters.
(2) The craft of dragging or tucking
- A single-layered net, no more than 300 meters long, with cork at the top every 30 cm and lead every half meter. The net's height does not exceed one meter.
- The net's diameter does not exceed 26.
- The number of individuals working on the net in this craft does not exceed five.
(3) The Qafsha Craft
- A single-layered net, no more than 500 meters long, for the entire work crew.
- The net's height averages 6 meters.
- The boats that use this net are of the third grade, and their number does not exceed five.
- The net's diameter does not exceed 35.
- The yarn has no lead at the bottom and contains cork at the top, placed every 50 cm.
(4) The Repetition Craft
- Single-layer yarn not exceeding 200 meters in length and 8 meters in height, containing cork at the top every 30 cm. The yarn has no lead at the bottom and its total length does not exceed 8 meters.
- The net diameter should not exceed 30 cm.
- Nets are used with two Class 3 sailboats and operate in the usual manner, either as one or two circles.
(5) The Drag Fishing Craft
- The length of the mast is set at a maximum of 200 meters, and the length of the net box is 40 meters, with a height of 25 cm above the water surface.
- The diameter of the net box and mast is 30 cm, and the number of nets per drift does not exceed two.
- The number of drifts in the lake is set at 500, and they are distributed among the fishing areas of the lake by the Lake Manzala Authority in coordination with the River Police and the Director of the Authority's Areas.
- Drag permits are issued by the relevant Authority area in conjunction with the relevant cooperative societies. The permit states the name of the permit holder and the fishing location.
- Each drift permit is accompanied by a metal tag bearing the permit number and the color designated for the permitted area. The metal tag is affixed to a wooden stake at the drift site. The owner of the fishing boat or their representative must be present during the boat's installation and must have the original permit, matching the boat's number, for verification as needed.
The boat is strictly prohibited within a 4 km² radius of the Al-Jamil inlet, extending into the lake from all directions, and is subject to the warning signs placed by the Lake Authority.
As for inlets, openings, and dikes, the placement of boats is prohibited within a 2 km² radius. The Lake Authority will place warning signs in these areas.
A working group comprised of members from the Lake Authority and the Waterways Police will be formed to continuously supervise the boats and collect daily data for evaluation.
The boat owner is obligated to comply with the above instructions. Those who violate them will be subject to the provisions of Fishing Law No. 124 of 1983, and their boat permit will be immediately revoked and the boat permanently removed from the lake.
Article (2): The following fishing methods are permitted in Lake Bardawil:
(1) Shanshula fishing method:
- The power of the vessels operating this method shall not exceed 100 horsepower.
- The mesh size of the net shall not exceed 14.
- The length of the net shall not exceed 1000 meters and the height shall not exceed 25 meters.
- The lead rope must be raised above the bottom.
- The optimal number of vessels operating in one day is 16 vessels. This is subject to administrative decisions issued by the lake.
(2) Dabba fishing method:
- A 3-layer net with a body mesh size not exceeding 14 and a prison mesh size not exceeding 7.
- The length of the net shall not exceed 1000 meters and its height shall not exceed 1 meter. (3) Reed Fishing Craft
- Horizontal netting, one or three layers, with a mesh size not exceeding 14 and a net width not exceeding three meters.
- Vertical netting, one layer, not exceeding 5 meters in height and with a mesh size not exceeding 14.
(4) Bird Netting
- With any mesh size.
Article (3): The following fishing crafts are permitted in the Great and Small Bitter Lakes, Lake Timsah, and the Suez Canal:
(1) Grabbing Netting
- Three-layer netting, with a mesh size of 5.5-6 for the prison and 26 for the body.
- The net consists of strands (each strand is 20-25 meters long), with a total of 5-10 strands.
- The net length does not exceed 200 meters and its height is 2 meters.
- Place a lead weight every 15 cm and a cork disc every 15 cm.
- Position the net in a circular shape and use a swirl from the shore to lure fish towards the net.
Use year-round.
(2) The Floating Net
- A single-layer net, 50 meters long and 35 meters high, with a diameter not exceeding 35.
- It is equipped with cork discs for buoyancy, spaced every 40 cm, and the bottom rope is lead-free.
(3) The Reed Net
- A net consisting of two parts: a submerged part and a floating part.
- The submerged part is at a height of 18 meters with a diameter of 26. It is a single-layer net with cork discs, each 5 cm in diameter, and lead every 5 cm.
- The floating part is a three-layer net with a diameter of 7 for the main body and 26 for the main body. It is stretched over reed poles with half a meter between each inch.
(4) Field Netting (Extension)
- A 3-layer net, no longer than 200 meters and no higher than 1 meter.
- A size 7 for the prison net and a size 17 for the body net.
- The distance between each net is at least 100 meters.
- It has lead weights at the bottom every 1/2 meter and a small amount of cork.
(5) Crab Netting (Extension)
- A single-layer net, size 7, 300 meters long and 1 meter high.
- It has lead weights every 1/2 meter and cork discs every 3 meters. The net is cast in the evening and collected in the morning.
(6) Hook Fishing
- The following methods are permitted for hook fishing:
- Line fishing without bait.
- Reed fishing with bait. The use of toxic or harmful substances in bait is prohibited.
Fishermen are permitted to use a fishing net for bait no longer than 1.5 meters and a wooden triangular hoop, also 1.5 meters long. Its use for any other purpose is prohibited.
(7) Shrimp Fishing
- 35 mesh size for the net and 45 mesh size for the box.
- This activity is prohibited from the beginning of April until the end of May each year.
Article (4): The following fishing methods are permitted in Lake Qarun:
(1) Mullet Netting: The following methods are used:
(a) The Dabba (a type of net)
- A 3-layer net with a body mesh size not exceeding 17 and a prison mesh size not exceeding 6.
- The net's length must not exceed 700 meters and its height 3 meters.
- - It is used for daytime fishing in a bow shape, employing the same methods and techniques, or at night when attached to a heavy rope. Its shafts can be marked with a small kerosene lamp.
(b) Digging Net
- A three-layer net with a body diameter not exceeding 17 and a net diameter not exceeding 7.
- The net's length should not exceed 500 meters and its height 4 meters.
- It is used in the same way as the "bear" method.
(c) Long Net
- A three-layer net with a body diameter not exceeding 17 and a net diameter not exceeding 7.
- The net's length should not exceed 600 meters and its height 9 meters.
- This net is used only at night.
(d) Reed Weaving
- Three horizontal layers of yarn with a body diameter not exceeding 17 and a prison diameter not exceeding 7.
- The yarn is 2 meters high and is woven using pieces of reed.
- Vertical weaving with a single layer, a diameter not exceeding 17, and a height of 9 meters.
- This craft is used only during the day.
(2) Musa Weaving
- Three layers of yarn with a body diameter not exceeding 17 and a prison diameter not exceeding 7.
- The length of the yarn does not exceed 1500 cm and its height does not exceed 75 cm.
- The yarn is woven in the form of multiple overlapping circles or diagonal lines, then gathered and re-weave. (3) Tilapia Fishing
Three-layer net with a body diameter of 20 and a prison diameter of 7.
The net is 200 meters long and 175 cm high.
(4) Seabass Fishing
Single-layer net with a diameter not exceeding 17.
The net is 7 meters high and the tide is 400 meters long.
Article (5) The following fishing methods are permitted in the first and third Rayyan depressions:
(1) Mullet Fishing
(a) Slingshot
Single-layer net with a diameter not exceeding 14.
The net is 10 meters high and its length does not exceed 900 meters.
The net is set up in deep water in the shape of an arc or a straight line ending at both ends in a spiral maze. (b) The fishing net used in Lake Qarun is similar to the net used in the Dabba, except that the net height is 3 meters and the length of the net does not exceed 500 meters.
(2) Tilapia net
- Three-layer net, body gauge 17 and prison gauge 6.
- Net height 175 cm and length does not exceed 300 meters.
(3) Sardine net
- Single-layer net, gauge 24.
- Net height 3 meters and length 600 meters.
(4) Fishing with Hooks
- Reed hooks using bait.
- Line hooks without bait.
The use of toxic or harmful substances in bait is prohibited. Fishermen are permitted to use a hook for baiting that does not exceed 1.5 meters in length and a wooden triangular hoop 1.5 meters in length.
It may not be used for any other purpose.
Article (6) The following fishing methods are permitted in inland waters:
(The Nile and its branches, canals, irrigation ditches, and drains)
(1) The Habla Net
- A single-layer net with a mesh size not exceeding 26.
- The net's length shall not exceed 50 meters and its height 25-30 meters.
- A cork disc every 50 cm and a piece of lead every meter.
- This net is to be used along the bank or in the middle of the river.
- Used throughout the fishing season.
(2) The "Mahir" or "Kanar" Net
- A 3-layer net with a body diameter not exceeding 22 and a net diameter not exceeding 7.
- The net consists of 5-10 sections (each section is 25-30 meters long), with a width of 1.5 meters to 3 meters.
- A cork disc every meter and a lead weight every 30 centimeters, so that the net is cast to the bottom.
- If the net is used across the river, it can be used year-round. However, if it is used parallel to the shore (called "Laqt" or "Naqariyah"), its use is prohibited in March, July, and September. - In the case of using the net parallel to the shore and leaving it for a period of time at least ten meters from the beach (in this case it is called a "kharfa" (or "katamiya")
(3) The "taraha" or "kanf"
- A conical net with a diameter not exceeding 26.
- A single-layer net with two layers at the end of the cone.
- It can be used from the shore, except for the "kanf," which has a pocket extending from the bottom of the "taraha" and is cast only from the boat.
(4) The "farat"
- Same function as the "taraha" - larger than the "kanf"
- A diameter not exceeding 26.
(5) The "shanaqah"
- A single-layer net with a diameter not exceeding 26.
- The net consists of 10 strands (each strand is 25-30 meters long).
(6) The "sanar"
- A "sanar" Reef fishing with bait
- Line fishing without bait
The fisherman is permitted to use a hook for bait fishing, not exceeding one and a half meters in length, and a triangular wooden hoop. Its use is not permitted for any other purpose.
(7) The "Tabsha" technique
This technique, called "Tabsha," involves casting using a net secured with reeds in semi-circular layers (not exceeding three layers) and using a rocking motion from a boat or the shore to draw fish into the net.
Article (7): The following fishing techniques are permitted in Lake Nasser:
(1) Digging nets: 3 mm for the outer layer and 8 mm for the body.
(2) Gillnets: 8 mm.
(3) Floating nets: 22 mm not exceeding.
(4) Hook traps.
Article (8): The following fishing techniques are permitted in marine waters:
(1) The Shanshula
- Single-layer net with no limit on length and a height of 80-100 m.
- The net's diameter does not exceed 60.
(2) Trawling
- These nets are used in deep areas on sandy and level bottoms. The net is single-layer, and the bag's diameter does not exceed 40.
(3) Hook and Loop
- This consists of a strand attached to one, two, or three hooks, which can be used individually or in groups. These strands are attached to a main line that is 5 km long. The hooks used vary in shape and size. The hook and loop is used to catch fish that live near the water's surface and on the bottom.
(4) Floating Net
- This is a type of floating net. The net consists of pieces of gillnet connected together. It reaches a length of about 150 fathoms and a height of about 12 meters. 16 T 18.
(5) Coastal Trawl
A single-layer net with a length of at least 250 meters and a height of 2-5 meters, with cork on top and lead on the bottom.
The net's mesh size does not exceed 45.
(6) Trawls and Sea Breams
A three-layer net with lead on the bottom and cork on top.
(7) Coastal Trawl
A length of at least 150 meters and a height of 25 meters, with a cork disc every 50 cm and one piece of lead every meter.
Mesh size 35.
Used in the Rosetta branch of the Nile from the Edvina Barrages to the Mediterranean Sea.
Article (9): In all lakes and inland waters, the use of drift nets or trawls by fishing vessels operating with more than one boat is strictly prohibited.
Article (10): The provisions of our Decree No. 146 of 1998 shall remain in effect. Article 11: The fishing activities listed in Articles 27 and 28 of the Executive Regulations of Fisheries Law No. 124 of 1983 are hereby repealed.
Article 12: The evaluation of the aforementioned fishing activities shall continue in all fishing areas until the end of 1990, and the results of the evaluation shall be submitted to us for review and appropriate action.
Article 13: All fishermen, fishing vessel owners, and their captains shall provide all data and information requested from them by the members of the fishing activities evaluation committees.
Article 14: All relevant authorities shall implement this decision, which shall come into effect on May 1, 1989.
Lakes: Bodies of water covered with salt or fresh water connected to seawater or inland waters, and any artificial lakes.
At the Waterway: The points where the sea and lakes connect to inland waterways.
Vessel: Any floating vessel used for fishing, whether powered by a motor, sail, or other means. Vessel Captain: The person responsible for managing and operating the vessel.
Fisherman: Anyone who practices fishing, whether on foot or from a vessel.
Vessel Crew: All individuals working on the vessel.
Aquatic Weeds: Seaweed floating or attached to rocks or washed ashore.
Aquatic Plants: Reeds, papyrus, and water grasses.
Water Pollution: Changes in 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 damage to aquatic resources or public health.
Gap Size: The number of mesh sizes in a net per fifty centimeters of length.
Fishing Permit: The card issued by the licensing authority to the vessel owner, the fisherman, or other crew members.
License: A written permit, on the specific form issued by the competent administrative authority, authorizing a vessel to fish in a particular area, or authorizing land-based fishing or the hunting of waterfowl, as determined by a decision of the Minister of Agriculture. Regarding fish farms, this refers to the written license for establishing the fish farm, issued by the Ministry of Agriculture on the specific form defined by the executive regulations.
A strait is any natural or artificial opening connecting the sea and a lake.
Article 2: Every fishing vessel must be numbered on both sides by the General Authority for Fish Resources Development before commencing fishing. The number and mark must indicate the vessel's class and the area in which it is authorized to fish. The number and mark must also be displayed on both sides of the vessel's sail, according to the procedures and forms specified by a decision of the Minister of Agriculture. 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 become 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 4 – The following must be observed when operating a vessel:
(a) Lighting at night in accordance with navigation laws and specifications determined by a decision of the Minister of Agriculture.
(b) Avoiding prohibited waterways and areas specified in notices issued by a decision of the Minister of Agriculture.
Article 5 – A vessel may not be sent or operated in areas where fishing is prohibited except in emergency situations resulting from weather conditions or vessel malfunction.
Article 6 – Only those holding a certificate from the Ports and Lighthouses Authority proving their suitability for this purpose, and from the General Authority for River Transport for inland fishing, may operate a fishing vessel.
Article 7 – Fishing is prohibited in areas where fishing is prohibited, using prohibited gear, and during fishing bans determined by a decision of the Minister of Agriculture.
Article 8 – A vessel engaged in fishing may not be sent out to fish 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 - It is prohibited to have on board any unlicensed nets, equipment, or tools, or to possess any equipment or 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 than the lengths or 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 11 - Fishing for ornamental fish in marine waters 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, it is prohibited to have any fish-weighing equipment on board any vessel, with the exception of Lake Nasser.
Article 13 - It is prohibited to fish using harmful, toxic, narcotic, or lethal substances to aquatic life, or explosives.
Fishing using barriers, basins, gillnets, slides, or any type of dam or enclosure is prohibited. Possession or use of water-lifting equipment within lakes or on their shores is also prohibited except with a permit from the General Authority for Fish Resources Development. The provisions of this article apply to fishing in waters covering privately owned lands that are connected to Egyptian waters.
Source: 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
The Ministry of Irrigation and Water Resources has primary jurisdiction over the waters of the Nile River in terms of preserving their natural and chemical characteristics and protecting them from biological changes. It is also responsible for ensuring proper distribution and use of water, as well as drainage operations in a manner that preserves agricultural soil.
Several laws and decisions address these matters. However, what concerns this report is Law No. 48 of 1982 and its executive regulations regarding the protection of the Nile River and waterways from pollution.
Article 2 of Law No. 48 of 1982 prohibits the discharge or dumping of solid, liquid, or gaseous waste from buildings, shops, commercial, industrial, and tourist establishments, as well as from sewage operations and other sources, into watercourses along their entire lengths and surfaces, except after obtaining a license from the Ministry of Irrigation in accordance with regulations and standards determined by a decision of the Minister of Irrigation upon the proposal of the Minister of Health.
The license issued in this regard shall specify the standards and specifications for each individual case.
The executive regulations of this law, issued by Ministerial Decree No. 8 of 1983, define watercourses as the Nile River and its two branches, canals, irrigation channels, drains, lakes, ponds, closed water bodies, marshlands, and groundwater reservoirs.
The regulations also define solid waste as all solid materials resulting from garbage, waste, sweeping materials, dry waste, broken stones, construction debris, workshop waste, or any solid materials generated by individuals or residential and non-residential buildings, whether governmental or private, including commercial, industrial, tourist establishments and transportation means.
Liquid wastes and human or animal wastes are defined as those resulting from sewage treatment processes and liquid animal waste from slaughterhouses, poultry farms, livestock barns, and similar facilities.
Articles 2 to 23 of the executive regulations regulate the licensing system for discharging treated liquid wastes into waterways. They prohibit the use of water body banks as locations for collecting or disposing of solid waste, or storing materials that may fall or scatter, except in places licensed by the Ministry of Irrigation.
They also prohibit storing, unloading, or handling chemical or toxic materials along watercourse banks except in licensed areas.
Furthermore, industrial liquid wastes permitted to be discharged into waterways must not contain chemical pesticides, radioactive materials, floating substances, or any materials that could harm humans, animals, plants, fish, birds, or affect the suitability of water for drinking, domestic, industrial, or agricultural uses.
Article 5 of the executive regulations prohibits licensing the discharge of human or animal waste or sewage water into freshwater bodies or groundwater reservoirs.
The same applies to industrial liquid wastes and machine cooling water unless the water is taken from the same watercourse into which it will be discharged, or from a similar source in water quality, and provided that the cooling system is closed and not mixed with industrial waste.
Article 8 prohibits discharging water containing radioactive substances or similar materials into groundwater reservoirs.
Article 9 requires that wastewater discharge pipes be located in a visible place and above the highest water level of the watercourse.
Article 10 requires that discharge pipes be located at least three kilometers upstream from drinking water intakes or one kilometer downstream when licensing the discharge of treated industrial liquid waste into waterways.
Article 4 of Law No. 48 of 1982 also states that it is not permissible to authorize the establishment of facilities that produce waste discharged into waterways. However, the Ministry of Irrigation may permit such facilities when necessary and in the public interest, provided that waste treatment units are established to meet the standards specified under this law.
Article 5 regulates waste discharge from residential and tourist floating units in the Nile River and its branches.
Article 7 prohibits moving river units used for transport or tourism from allowing fuel leakage into waterways and requires them to provide systems for treating waste rather than discharging it into the Nile.
Articles 10 and 11 require the Ministry of Agriculture, when selecting chemical pesticides for agricultural pest control, to ensure that their use does not cause pollution of waterways during spraying operations or through agricultural drainage water or equipment washing.
Similarly, the Ministry of Irrigation must ensure that chemicals used to control aquatic weeds do not pollute waterways.
The law also prohibits the reuse of wastewater, either directly or after mixing with fresh water, for any purpose unless it is proven suitable for that use.
The law further prohibits dumping solid, liquid, or gaseous waste from buildings and commercial, industrial, and tourist establishments into freshwater bodies (the Nile, its branches, canals, and irrigation channels) or non-freshwater bodies (drains, lakes, ponds, closed water bodies, marshlands, or groundwater reservoirs) except after obtaining a license from the Ministry of Irrigation according to standards set in coordination with the Ministry of Health.
The Ministry of Health laboratories must conduct periodic analyses of treated wastewater samples from licensed establishments in addition to analyses requested by the Ministry of Irrigation.
If the results show violations that pose an immediate risk of water pollution, the concerned party must immediately remove the cause of harm; otherwise, the Ministry of Irrigation may remove it at the violator’s expense, withdraw the license, and administratively stop the discharge.
The law assigns the Water Surface Police the responsibility of inspection and assisting relevant authorities in detecting and removing pollution sources and reporting violations.
The law also established a special fund to receive revenues from fees and fines resulting from the application of this law. The fund is used for:
Source:
Dr. Ahmed Barania
Professor of Fishery Economics and Resource Development
National Planning Institute
Cooperative Union for Aquatic Resources
