Puntland Fisheries Regulation Gives Government Free Rein

[Deeq A.]

President Hassan and President Deni are kept apart by two laws on the fishing industry in Somalia.

Garowe (PP News Desk) — Before 1991 the exploitation of marine resources in Somalia’s coast was subject to the Somali Fisheries Law. In 2016 President Hassan Sheikh Mohamud signed into law the Somalia Fisheries Law primarily  based on the law passed by the military regime in 1985.

This law consists of 44 articles, does not make mention of federal member states, but assumes it is not in conflict with the “Federal Constitution of Somalia.” The Puntland Fisheries Regulation signed into law in 2006 by the former Puntland State President Mohamoud Mussa Hersi consists of 38 articles. It is based on the 1985 Somalia Fisheries Law.  The Fisheries Regulation vests powers in the Ministry of Fisheries, Ports and Marine Transport of Puntland State of Somalia  to “grant fishing licenses for the seawater in Puntland”.

Unlike the Federal Somali Fisheries Law, which makes reference to the Draft Federal Constitution twice, Puntland Fisheries Regulation makes no reference either to the Draft Federal Constitution or the Puntland Constitution, the latter stipulates: “‘Permission to benefit from the natural resources of Puntland shall be granted by the Council of Ministers and approved by the House of Representative.”

Puntland State of Somalia grants fishing licences to foreign companies “in accordance with the United Nations Convention on the Law of the Sea of 10 Dec. 1982.”  The Federal Fisheries Law gives Puntland and other Federal Member States (referred in the Somali Fisheries Law as “regional administrations”) the freedom to grant licences, but article 12 of The Somali Fisheries Law which stipulates that “The MinistryM [of Fisheries and Marine Resources] issues fishing licenses to fishing vessels operating in Somali waters while considering the Regional States in which the vessels are operating”), contradicts Puntland Fisheries Regulation.

Fuad Ahmed Abshir, a Puntland MP, has criticised the Puntland State government for bypassing the Puntland Constitution to issue fishing licences to foreign companies.The recent Puntland Parliament session to discuss the illegality of fishing licences drove home the message that, without adherence to the Constitution of Puntland, corrupt politicians will keep misappropriating fees generated from illegal fishing licences.

Puntland Fisheries Regulation contains articles that can help MPs to understand the depth of corruption, types of fishing licences issued by Puntland State authorities and the role of inspectors to ensure that foreign trawlers do not violate agreements signed with Puntland State government.  Without applying the Puntland Constitution, Puntland Fisheries Regulation gives Puntland State government free rein to grant fishing licences at the expense of Somali citizens.

som171668Download

Fisheries-Regulation-pdfDownload

© Puntland Post, 2022.

The post Puntland Fisheries Regulation Gives Government Free Rein appeared first on Puntland Post.