Wholesale Fish Marketing Act, 1963 Act 156

WHOLESALE FISH MARKETING ACT, 1963 (ACT 156)
ARRANGEMENT OF SECTIONS
Section
1. Fish marketing zones.
2. Marketing of fish landed in a fish marketing zone.
3. Regulations.
4. Interpretation.
5. Customs Ordinance.
SCHEDULE
Schedule— Area of Port of Elmina
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arketing of fish landed in a fish marketing zone.
3. Regulations.
4. Interpretation.
5. Customs Ordinance.
SCHEDULE
Schedule— Area of Port of Elmina
1

ACT 156
REPUBLIC OF GHANA
THE HUNDRED AND FIFTY-SIXTH
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
THE WHOLESALE FISH MARKETING ACT, 1963
AN ACT to establish fish marketing zones and to regulate the wholesale marketing of fish
landed in those zones and for purposes connected with the matters aforesaid. DATE OF ASSENT: 3rd January, 1963
BE IT ENACTED by the President and the National Assembly in this present Parliament
assembled as follows:—
Section 1—Fish Marketing Zones. For the purposes of this Act each of the following areas shall be a fish marketing zone, that is
to say—
(a) the area of the port of Takoradi as delimited by the Ports Act, 1962 (Act 115);
(b) the area of the port of Tema as delimited by the said Ports Act;
(c) the area of the port of Elmina as delimited in the Schedule to this Act; and
(d) any other area specified as a fish marketing zone by the Minister by executive instrument
published in the Gazette. Section 2—Marketing of Fish Landed in Fish Marketing Zone.

as a fish marketing zone by the Minister by executive instrument
published in the Gazette. Section 2—Marketing of Fish Landed in Fish Marketing Zone.

(1) Subject to the next following subsection no fish landed in a fish marketing zone shall, in
the first instance, be offered for sale or sold except in a market designated by the Minister as
the wholesale fish market for that zone (hereinafter referred to as a "wholesale market"). (2) The Minister may grant an exemption from the preceding subsection as respects—
(a) any fish landed as aforesaid for the purpose of being despatched to a cannery or other fish
processing factory; or
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eding subsection as respects—
(a) any fish landed as aforesaid for the purpose of being despatched to a cannery or other fish
processing factory; or
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(b) any fish which is landed as aforesaid having been frozen and packed on board the fishing
vessel, and which is to be despatched to a cold store outside the zone for distribution. (3) Any exemption granted by the Minister under the last preceding subsection shall be in
writing and may be, either absolute or subject to such conditions as the Minister thinks fit,
including a condition requiring the person to whom the exemption is granted to pay to any
person specified in the exemption a fee or other charge. Any such fee or other charge shall be
recoverable as a civil debt. (4) Any designation made by the Minister under subsection (1) of this section shall be published
in the Gazette and shall be given such other publicity in the fish marketing zone concerned as
the Minister may direct.

his section shall be published
in the Gazette and shall be given such other publicity in the fish marketing zone concerned as
the Minister may direct.

(5) Any person who—
(a) offers for sale or sells any fish in contravention of this section; or
(b) contravenes any condition attached to an exemption granted under this section (other than
a condition requiring the payment of a fee or other charge),
shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred
pounds or to a term of imprisonment not exceeding six months or to both. Section 3—Regulations.

able on conviction to a fine not exceeding two hundred
pounds or to a term of imprisonment not exceeding six months or to both. Section 3—Regulations.

The Minister may, by legislative instrument, make regulations providing for any of the
following matters, that is to say—
(a) the establishment, organisation, management and operation of any wholesale market;
(b) the registration of any person using a wholesale market, the cancellation of any such
registration and any matters incidental thereto or connected therewith;
(c) notwithstanding anything in subsection (1) of section 2 of this Act, the transfer of fish
landed in one fish marketing zone to another such zone;
(d) the imposition of charges in respect of fish offered for sale or sold in a wholesale market,
or in respect of fish transferred from one such market to another, or in respect of fish kept or
stored in such a market;
(e) the making, for such purposes and subject to such conditions and limitations as may be
prescribed by the regulations, of bye-laws by any person appointed by the Minister to be
responsible for the management and operation of a wholesale market, including bye-laws
imposing penalties for the breach of a bye-law or requiring the payment of any fee or other
charge:
Provided that no regulation made under this paragraph shall —
(i) authorise the making of a bye-law imposing as a penalty a fine exceeding twenty-five
pounds or, in default of payment of such fine, a term of imprisonment exceeding three months;
(ii) permit any bye-law to have effect unless that bye-law has been approved by the Minister;
and
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ne, a term of imprisonment exceeding three months;
(ii) permit any bye-law to have effect unless that bye-law has been approved by the Minister;
and
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(f) any other matter in respect of which the Minister considers it necessary or expedient to make
regulations for the purpose of giving effect to the provisions of this Act. Section 4—Interpretation. In this Act, unless the context otherwise requires —
"fish" means any aquatic animal (including shellfish, crustaceans, turtles and aquatic
mammals), and any reference to fish landed in a fish marketing zone shall be construed as a
reference only to fish landed in such a zone from a motor fishing vessel (whether or not the
actual landing involves the transfer of the fish from the motor fishing vessel to any other craft
of any description);
"Minister" means the Minister responsible for fisheries; and
"motor fishing vessel" does not include a canoe propelled by an outboard motor. Section 5—Customs Ordinance. It is hereby declared that nothing in this Act shall be construed as derogating from the powers
conferred upon any person under the Customs Ordinance (Cap. 167). SCHEDULE
AREA OF PORT OF ELMINA
All that piece of land at Elmina in the Cape Coast District of the Central Region of Ghana the
boundary whereof commencing at a pillar marked SGW.

INA
All that piece of land at Elmina in the Cape Coast District of the Central Region of Ghana the
boundary whereof commencing at a pillar marked SGW.

37/59/11 which pillar is
approximately 50 feet south-west of the western corner of St. George's Castle and is 77.8 feet
on a bearing of 33° 53' — which bearing together with all further bearings hereinafter
mentioned is referred to the Meridian of 1° West Longitude—from a pillar marked GCS. CP. 9/25/61 which pillar is approximately 120 feet south-west of the south-western corner of the
bridge (Benya Lagoon) runs on a bearing of 323° 03' for 63.9 feet to a pillar marked SGW. 37/59/12 and thence on a bearing of263° 08' for 1132.3 feet to a pillar marked GCS.CP/9/25/63
and thence on a bearing of 263° 56' for 565.8 feet to a pillar marked SGW. 37/59/1 and thence
on a bearing of 358° 58' for 426.6 feet to a pillar marked SGW. 37/592 which pillar is at the
northern edge of the Benya Lagoon and thence on a bearing of 82° 56' for 319.5 feet on a pillar
marked GCG. CP. 3B/33/8 which pillar marks the south western corner of Sanitary Site No.

and thence on a bearing of 82° 56' for 319.5 feet on a pillar
marked GCG. CP. 3B/33/8 which pillar marks the south western corner of Sanitary Site No.

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and thence on a bearing of 179° 29' for 12.0 feet to a point on a retaining wall which wall forms
the northern edge of the said Benya Lagoon and thence follows the said retaining wall in a
general direction of the aforesaid retaining wall for approximately 500 feet to a pillar marked
SGW/37/59/13 and thence follows the aforesaid retaining wall on a bearing of 107° 20' for
201.5 feet to a pillar marked SGW. 37/59/14 and thence follows the said retaining wall on a
bearing of 97° 29' for 462.4 feet to a pillar marked SGW. 37/59/3 and thence on a bearing of
29° 54' for 117.2 feet following the said retaining wall to a pillar marked SGW. 37/59/4 and
thence on a bearing of 92° 45' for 88.1 feet to a pillar marked SGW. 37/59/5 and thence on a
bearing of 157° 33' for 88.1 feet to a pillar marked SGW. 37/59/6A and thence on a bearing of
49° 59' for 345.9 feet to a pillar marked SGW. 37/59/7 and thence follows the Low Water mark
in a north easterly direction for approximately 210 feet and thence follows the said Low Water
mark of the Gulf of Guinea in a general direction of the Low Water mark for approximately
2870 feet to a point approximately 116 feet due south from a pillar marked SGW.

Guinea in a general direction of the Low Water mark for approximately
2870 feet to a point approximately 116 feet due south from a pillar marked SGW.

37/59/15 and
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thence on a bearing of 180° for approximately 2340 feet to a point and thence on a bearing of
270° for approximately 900 feet to a pillar marked SGW. 37/59/16 and thence on a bearing of
328° 37' for 66.5 feet to a pillar marked SGW. 37/59/8 which pillar is on the break water and
thence on a bearing of 237° 01' for 262.3 feet to a pillar marked SGW. 37/59/9 and thence on
a bearing of 221° 40' for 279.7 feet to a pillar marked SGW. 37/59/10 and thence on a bearing
of 196° 57' for 55.5 feet to the point of commencement thus enclosing an area of 68.400 acres
be the same several dimension little more or less as the same premises are more particularly
delineated and shewn edged pink on a Cadastral Plan numbered Y. 844.
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