By Fatou Sillah
The Finance and Public Accounts Committee (FPAC) has recommended that the Inspector General of Police (IGP) investigate the circumstances surrounding the release of three fishing vessels arrested for operating within restricted fishing zones, raising concerns that the vessels and their operators were freed without paying the fines required by law and without being acquitted by a court.
The recommendation is contained in FPAC’s review of the Auditor General’s 2021 Management Letter on the Department of Fisheries.
According to the Committee, the three vessels were released during the review period by the Minister of Fisheries, reportedly on the basis of powers vested in his office.
“The Committee observed that three vessels arrested for fishing within a restricted zone during the review period were released by the Hon. Minister of Fisheries, supposedly based on powers vested in him,” the report states.
However, FPAC concluded that the Fisheries Act 2007 does not empower the Minister to release offenders against whom a prima facie case has been established. The Committee noted that Sections 97 and 98 of the Act only permit the Minister, acting in consultation with the relevant committee, to impose minimum fines on offending vessels.
“The Fisheries Act of 2007 (Sections 97 and 98) does not grant the Minister authority to release offenders with established prima facie cases; he may only issue minimum fines (D2,250,000 per vessel) in conjunction with the consultative committee,” the report states.
In light of these findings, the Committee urged the IGP to investigate why the vessels and their operators were released without payment of the prescribed fines and without any court determination finding them not guilty.
FPAC further reported that there was no evidence to show that several vessels apprehended for fishing in prohibited areas had been fined in accordance with the law.
“The Committee observed that the under-listed vessels were arrested for fishing within a prohibited zone, making them liable to fines as required by the Fisheries Act. No evidence was provided that these vessels were fined by the consultative committee, nor were meeting minutes of the consultative committee on these arrests available for review,” the report noted.
To address the matter, the Committee recommended that the Permanent Secretary of the Ministry of Fisheries provide evidence of the recovery of the fines to FPAC within 45 days of the report being tabled before the National Assembly.
The committee also flagged discrepancies relating to fisheries revenue collection. It noted that a total of 289,100 kilograms of fish, representing the mandatory 10 percent landing requirement for the period January to March 2020, was recorded for the vessel Cinar Ibrahim. The catch was valued at D2,891,000, yet records indicate that only D950,000 was paid on 10 July 2020, leaving an outstanding balance of D1,941,000.
Consequently, FPAC recommended that the Permanent Secretary furnish the Committee with receipts and supporting documentation relating to the catch data and payments to verify the outstanding balance within 45 days of the report’s tabling.
The findings form part of the Committee’s broader oversight of public financial management and compliance within the fisheries sector, which remains a key contributor to The Gambia’s economy.
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