I. Legislation
1. Direct legislation
• Marine Fisheries Ordinance 1937
This ordinance was launched on 15 June 1937 to regulate the marine fisheries. The ordinance was a very modest administrative and technical guideline reflecting the available knowledge and expertise available at the time. The main rules specified in this ordinance are:
o No craft shall be employed for the purpose of fishing in territorial waters unless a valid license, hereinafter referred to as a fishing craft license, shall have been issued under this ordinance in respect of such craft.
o No person shall engage in or be employed in fishing in territorial waters unless he is to be a holder of a valid permit hereinafter referred to as a fishing permit, issued under this ordinance for such purpose.
o Fishing craft licenses and fishing permit under this ordinance shall be issued by the local authority on payment of the fees set out in Schedule II here to, and unless previously forfeited or otherwise determined shall expire on the 31st day of December next following.
o The Governor General may, for the better consideration and development of fisheries, by order published in the Sudan Government Gazette, declare any part of territorial water to be a closed area.
o No person shall fish in a closed area otherwise than for the sole purpose of sport unless he has previously obtained the permission in writing of the local authority.
o The local authority may grant such permission subject to such terms and conditions as he shall think fit and may refuse such permission at his discretion and without assigning any reason.
o Every Police officer, customs officer, or other person duly authorized in that behalf by the local authority may, for purpose of enforcing this ordinance or any regulation made hereunder: - Board and search any craft found in territorial waters or any craft which he has purpose continuously from territorial water into the high seas and which he, on reasonable grounds, suspects to have been employed for the purpose of fishing in territorial waters; Required any person on board any such engaged in or employed in fishing in territorial waters or whom he, on reasonable grounds, suspects to have been so engaged or employed to exhibit his fishing permit, apparatus and catch. - Where there is reasonable suspicion in the case of any such craft that on offence has been committed, take the alleged offender, the craft, apparatus, and catch without summons warrant or other process to the nearest or most convenient police station or post. The craft and apparatus may be detained pending trial and the catch may be sold and the proceeds of the sale impounded.
o Any person who acts in contravention of or / to fails to / comply with any of the provisions of this ordinance shall be guilty of an offence against this ordinance and shall be liable to a fine not exceeding 50 pond or to imprisonment for a term not exceeding three month or to both such fine and imprisonment.
o The Court may also order the confiscation of any craft apparatus or catch employed in the commission of, derived from any offence under this ordinance and the cancellation of or suspension for such time as the Court thinks fit or endorsement of the date and nature of the offence on a fishing craft license issued in respect of any such craft or any fishing permit issued to any person guilty of any such offence as aforesaid.
• 1975 by-law
On 15 April 1975 a by-law was issued by the Minister of Agriculture Food and Natural Resources (where Fisheries at that time was under the ministries mandate) and published as supplement No 1175 (in Arabic) in the Sudan Government Gazette. In this by-law, a slight amendment of the Marine Fisheries Ordinances was made whereby a new item was added dealing with banning use of water guns, fishing of certain fish resources and aquatic pollution. According to this amendment no body is allowed to:
o use water guns in fishing without an issued permit;
o fishing or collecting corals or molluscs or ornamental fishes without an issued permit;
o dumping pollutants in water or coastal area.
that the Marine Fisheries Ordinance (1937) and its By-law demand radical amendment to accommodate recent development in management concepts and procedures and benefit from the international boom of legal and administrative development and initiatives.
2. Indirect legislation
• Marine Act 1961
• Territorial Waters and Continental Shelf Act 1970
• General Regulation & Control of Merchant Shipping 1971
• Petroleum Act 1998
• Regulation for the Protection of the Environment in the Petrol Industries
• Environment Protection Law, 2000
• Oil Pollution Contingency Plan, 2004
3. Agreements
• Algeria; Sudan: Accord dans le domaine de la pêche et des ressources halieutiques entre le Gouvernement de la République algérienne démocratique et populaire et le gouvernement de la République du Soudan.
II. Policy
Sudan policy, at large, is directed towards achieving international standards in the following areas:
• Legal reform to be compatible with international trade and safety agreements and establishment of public sector regulatory bodies.
• Economic reform to achieve progressive liberalization and promotion of parastatal commercial enterprises.
• Reform in the services sector (e.g. transport, health, education, public awareness, etc.) which build capacity for development.
In 2002, Sudan launched its long-term national strategy entitled the Quarter-Century Strategy (2002-2027) that incorporates fisheries development and rational utilization. With regard to fisheries and aquaculture, the strategy states the following seven guiding objectives:
• The role of fish resources in poverty alleviation, food security and welfare of the people.
• Rational utilization, conservation and development of fisheries and aquatic resources through sustainable management of production, restocking of depleted resources and pollution control.
• Increase of productivity and efficiency of fishers and producers through research, technology development and transfer, training and capacity building.
• Development and strengthening of competitiveness of fisheries products through improvement of marketing facilities and quality control.
• Investment incentives and privatization.
• Participation of stakeholders in management and development processes.
• Strengthen databases and documentation.
The policies and implementation and enforcement mechanisms adopted within the strategy to attain these seven objectives include:
• Institutional and legislative reforms.
• Strengthening of coordination mechanisms between the public and private sectors at the central and state levels within the country.
• Establishment and development of fishers and producers organization.
• Promotion of fish producers and fisheries investors through stimulating easy-term credit systems.
• Harmonization of market access and trade facilitation activities.
• Staff recruitment and training.
• Allocation of financial resources for fisheries research and development to public institutions.
• Establish and maintain professional links and relations with relevant regional and international institutions.