Friday, March 6, 2020

Criminal Sanctions in Ethiopian Agricultural laws-3


PART FOUR
Miscellaneous Provisions
16. Offence and Penalty Any person who:
1) is convicted of importing and/or introducing live fish into the waters of Ethiopia or same out of the country or transfers same from one water body to another without a permit or in contravention to the terms of the permit shall be punished with imprisonment for not less than a year and not exceeding three years or with a fine up to Birr 10,000 (ten thousand Birr) or with both.
2) commits an offence other than those prescribed in Sub-Article (1) of this Article in contravention to this proclamation as well as regulations and directives issued hereunder shall be punished according to the penal code of Ethiopia.

17. Other Sanctions
1) Where any person is convicted of an offence in contravention of this proclamation the court may, in addition to any other penalty imposed 'on the accused, order:
(a)the forfeiture of any fishing boat and/or gear used in the commission of the offence.
(b)the forfeiture of any poison, explosives or any other equipment or substance which has been unlawfully used for fishing.
(c) the suspension or cancellation of any fishing or fish trade permit.
2) Where, following a conviction, any goods seized are not ordered to be forfeited and if any fines remain unpaid within 30 days of the conviction, such goods may be sold and the proceeds shall be used to cover the fines.
3) Where, following a prosecution, an accused person is acquitted, any seized fishing gear or other goods shall be returned to the person. If what has been seized is fish, the proceeds that have been realized from the sale shall be given back to the person.
18. Presumptions of Commission of an Offence
1) Any person who, with out good cause, is found in possession of explosives. ammunition. devices capable of producing electric shock. poison or fish narcotizing plants on the waters of Ethiopia. their shores or banks shall be presumed to be undertaking an unlawful activity in contravention to Article 5 sub-Article (7) of this proclamation.
2)Any person found transferring live fish without a permit is presumed to be engaged in an unlawful act in contravention to Article 5 sub Articles (10). (11) and (12) of this proclamation.

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