LIVE FISH (CONTROL OF IMPORTATION) ACT

ARRANGEMENT OF SECTIONS

SECTION

  1. Control of import of live fish.
  2. Licences.
  3. Enforcement.
  4. Compensation.
  5. Interpretation and saving, etc.
  6. Short title and commencement.

              

                                 LIVE FISH (CONTROL OF IMPORTATION) ACT

An Act to regulate the importation of live fish; and for purposes connected there-
with.

[1962 No. 27.]

[1st February, 1965]

[Commencement.]

  1. Control of import of live fish

No person shall import any live fish into Nigeria except-

      (a)             in accordance with the terms of a licence under this Act granted to him by the
Minister; or

      (b)              on giving an undertaking to the Minister to remove the fish from Nigeria with-
in the prescribed period (unless it is previously disposed of in the prescribed
manner) and, while it remains in Nigeria, to observe the prescribed conditions
in relation to the fish; or

                             (c)             in such other circumstances (if any) as may be prescribed.

2. Licences

(1) The Minister may, on an application made in the prescribed manner and on pay-
ment of the prescribed fee, grant to the applicant a licence under this Act.

(2) A licence may be granted either unconditionally or subject to such conditions
(including, without prejudice to the generality of this subsection, conditions relating to
the fish when dead) as the Minister considers expedient for the purpose of avoiding the

incidence or spread of disease or parasitic states among live fish in waters from which he
considers that fish may be caught for consumption in Nigeria.

(3) A licence shall not be transferable and may at any time be revoked, suspended or
have its suspension removed by the Minister in the prescribed manner; but the revocation
or suspension of a licence shall not affect the application of any conditions of the licence
to any fish previously imported in accordance with the licence.

3. Enforcement

(1) Any person who-

(a)              imports any live fish into Nigeria otherwise than in accordance with this Act;
or

       (b)            contravenes the conditions of a licence granted under this Act; or

      (c)            fails to comply with an undertaking given by him in pursuance of para-

     graph (b) of section 1 of this Act,

shall be guilty of an offence and liable on summary conviction to a fine of an amount not
exceeding forty naira or, in the case of a second or subsequent conviction under this sec-
tion, to a fine of an amount not exceeding two hundred naira or imprisonment for a term
not exceeding six months or both.

(2) On convicting a person of an offence under this section relating to any fish, the
court shall adjudge the fish or any substance into which the fish has been converted to be
forfeited or, where the fish or the substance aforesaid has been destroyed, declare that but
for its destruction the court would have adjudged it to be forfeited.

(3) Any superior police officer or any officer of the Nigerian Custom Service not
below the rank of Collector may, if he has reason to believe that an offence under this
section has been committed with respect to any fish, seize and detain the fish with a view
to instituting proceedings in respect of the offence; and any fish seized and detained in
pursuance of this subsection shall be dealt with in the prescribed manner.

  1. Compensation

(1) A person who suffers damage by reason of the seizure or detention of any fish or
the dealing with it in the prescribed manner shall, unless the fish or the substance into
which it has been converted is, or but for its destruction would have been, forfeited in
pursuance of this Act, be entitled to receive adequate compensation from the Minister in
respect of the damage; but except as provided by this subsection no compensation or
damages shall be recoverable by such a person in consequence of the exercise of any
power conferred by this Act.

(2) Any person who claims compensation under subsection (1) of this section in re-
spect of any fish shall be entitled, if he so desires, to have any question as to his interest
in the fish or the amount of the compensation determined by the High Court of the State
(within the meaning of the Constitution of the Federal Republic of Nigeria, 1999) in
which the fish was seized.

[Cap. C23.]

(3) Any sums required by the Minister for the purpose of paying compensation under
this section shall be defrayed out of moneys provided by the National Assembly.

  1. Interpretation and saving, etc.

(1) In this Act, unless the context otherwise requires-

''fish'' does not include any fish which lives only in the sea, but includes any creature
which usually lives in fresh water;

"Minister" means the Minister charged with responsibility for fish;

"prescribed" means prescribed by regulations made by the Minister and any such
regulations may make different provision for different circumstances.

(2) Nothing in this Act shall be construed as derogating from any provision made by
or under any other enactment relating to the importation of commodities.

  1. Short title

This Act may be cited as Live Fish (Control of Importation) Act.

               

                  LIVE FISH (CONTROL OF IMPORTATION) ACT

                     SUBSIDIARY LEGISLATION

            No Subsidiary Legislation