اللائحة التنفيذية لنظام البيئة للإدارة المستدامة للبيئة البحرية والساحلية

ncec · executive_regulation · processed · 23 chunks

vision
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الموادله العربيه السعوديه
KINGDOM OF SAUDI ARABIA
وزاره البنيه والماليه وازراعه
Ministry of Environment Water & Agriculture
المملكه العربيه السعوديه المصليه
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Executive Regulation
For Sustainable Management of the Marine and Coastal Environment
For the Environmental Law issued by the Royal Decree
No. (m/165), dated 19/11/1441 Hijri
*** Note: In the event of any discrepancy between the Arabic original version of this Executive Regulation and its English translation, the Arabic version prevails ***

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Contents
Article (1) - Definitions.... 4
Article (2) - Scope of Application .... 6
Article (3) - Competent Center's Scope of Work Regarding the Sustainable Management of Marine and Coastal Environment....6
First: National Center for Environmental Compliance....6
Second: National Center for Wildlife Development ....7
Third: National Center for Vegetation Cover and Combating Desertification....10
Article (4) - Protection and Development of Wildlife Species in the Marine and Coastal Environment.... 10
First: General Provisions ....10
Second: Controls for the Tools and Equipment of Hunting Marine Animal Wildlife Species......11
Third: Special Controls for Interaction with Marine Wildlife Species in their Natural Environment.11
Fourth: Areas of High Environmental Importance in the Marine and Coastal Environment .....12
Article (5) - Controls for Marine Vehicles with Regard to the Protection of the Marine and Coastal Environment .... 13
Article (6) - Environmental Licenses and Permits for Activities in the Marine and Coastal Environment.... 14
First: General Provisions ....14
Second: Special Provisions for Licensing the Hunting of Marine Wildlife Species that are Allowed to be Hunted ....16
Third: Special Provisions for Licensing Scientific and Research Activities and Collecting Resources in the Marine and Coastal Environment ....17
Fourth: Special Provisions for Licensing Marine Sports Activities....17
Fifth: Special Provisions for Tourism Activities Related to Interaction with Marine Wildlife Species in their Natural Environment....18
Article (7) - Violations Apprehension and Penalties Imposition .... 18
Table (1) - Violations and Penalties.... 19
Table (2) - Penalties for Hunting or Extracting Marine Wildlife Species .... 28
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Article (1) - Definitions
The following terms and expressions - wherever they appear in this Executive Regulation - shall have the meanings set forth below, except where it is therein expressly otherwise:
Law: Environmental Law.
Executive Regulation: The Executive Regulation for Sustainable Management of the Marine and Coastal environment.
Ministry: Ministry of Environment, Water and Agriculture.
Minister: Minister of Environment, Water and Agriculture.
Competent Center: The National Center for Environmental Compliance, the National Center for Wildlife Development, or the National Center for Vegetation Cover and Combating Desertification, within its jurisdiction and scope of work in accordance with the provisions of this Executive Regulation.
Person: Any public or private natural or legal person.
Inspectors: Employees designated by the Minister or the chairman of the Center's board of directors to undertake environmental monitoring and inspections, and to apprehend, investigate, and substantiate violations to the provisions of the law and Executive Regulations.
Activity: Any industrial, commercial, or service-related facility, project, business, or other activities that are expected to have an adverse environmental impact.
Permit: A document issued by the competent center to a person before undertaking any activity.
License: A document issued by the competent center authorizing a person to undertake an environmental activity.
Permittee: A person who is granted a permit in accordance with the provisions of this Executive Regulation.
Licensee: A person who is granted a license in accordance with the provisions of this Executive Regulation.
Marine and Coastal Environment: Marine areas, coastal areas, islands, and their natural components, whether trees or shrubs, plants, grasses, algae, coral reefs, microorganisms, and the like.
Coastal Plants: Plants that grow in brackish water - marine - that rise above water level and include mangroves.
Marine Plants: Plants that grow inside marine brackish water completely such as seaweed and phytoplankton.
Protected Areas: Terrestrial, marine, or coastal locations defined by the Competent Authority
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and designated for the protection and development of wildlife species.
Wildlife Species: Any living or dead organism which scientifically belongs to the animal or plant groups, excluding man and domestic or domesticated animals, in addition to the living aquatic wealth defined in the Agriculture Law issued by Royal Decree No. (m/64), dated 10/8/1442 Hijri.
Interaction with Wildlife Species: Activities carried out by persons that lead to a positive or negative impact on marine wildlife species, including approaching, disturbing, touching, or observing.
Derivative: Any substance extracted from wildlife species, whether naturally or artificially.
Product: Any non-manufactured or partially or entirely manufactured part of a wildlife species.
Hunting: Attempting, chasing, catching, wounding, killing, and other things that benefit the actual practice of hunting for any wildlife land or marine animal.
Bycatch: Unintentional fall of marine wildlife species into hunting tools or equipment while hunting other types of marine species, which have been licensed to a person by the competent authority to fish them in accordance with the controls and requirements of the license, excluding large marine species and seafowls and waterfowls specified in (First) and (Eighth) of Table (2) of the Executive Regulation.
Vegetation Cover: Natural plants, whether grasses, shrubs, or trees.
Marine Vehicles: Any floating marine vehicle, regardless of its shape, and whether it is fixed or mobile.
Anti-fouling Systems: Any coating, paint, surface treatment, surface, or device that is used on the outer hull of the ship to control or prevent the attachment of unwanted organisms.
Environmental Degradation: Serious damage to the environment caused by the depletion of natural resources, the destruction of habitats, the extinction of wildlife species, the pollution of environmental media and the deterioration of air, water, and soil quality.
Compensation: Monetary amount paid by the person who causes damage, pollution, or environmental degradation to compensate for or eliminate the deterioration resulting from such damage, pollution, or environmental degradation. The compensation includes rehabilitation expenses in the event that rehabilitation was not carried out by the person causing damage, pollution, or environmental degradation.
Environmental Rehabilitation: Any procedure conducted on an environmentally degraded site or one that is affected by environmental damage or pollution, to restore its natural state of environmental balance, in accordance with the standards set by the competent authority.
Liquid Substances: Any liquid or oily material that pollutes the environment.
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Article (2) - Scope of Application
The provisions of these Executive Regulation shall apply to the marine and coastal environment within the Kingdom, including the internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, and the continental shelf.
Article (3) - Competent Center's Scope of Work Regarding the Sustainable Management of Marine and Coastal Environment
First: The National Center for Environmental Compliance
Without prejudice to the jurisdiction of the National Center for Environmental Compliance stipulated in its mandate, the Center shall undertake tasks related to control and monitoring of environmental compliance with the aim of protecting the marine and coastal environment from degradation and pollution, in addition to preventing damage thereto within its jurisdiction, including:
(1) Developing and implementing a program for periodically monitoring pollution of the marine and coastal environment, monitoring indicators of the quality of the environmental media and protecting it from degradation, pollution, and damage, in coordination with the national environmental centers and other relevant authorities.
(2) Publishing reports on indicators of the quality of the environmental media - in accordance with the jurisdiction - on government websites or other appropriate means, as specified by the Ministry.
(3) Developing environmental controls and requirements related to anti-fouling systems that resist adhesion of impurities in accordance with Article (5) of this Executive Regulation, in coordination with the relevant authorities.
(4) Developing environmental controls for marine vehicles in accordance with Article (5) of this Executive Regulation.
(5) Developing the requirements and controls for the issuance and renewal of environmental licenses and permits for activities in the marine and coastal environment.
(6) Issuing environmental permits and licenses for activities in the marine and coastal environment - in accordance with the jurisdiction - and renewing them and collecting the dues therefor.
(7) Developing and following up the implementation of national and local plans for preparedness and response to emergencies and potential environmental disasters in the marine and coastal environment, including oil pollution and other harmful substances, in coordination
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with the national environmental centers and relevant authorities, in accordance with the provisions of the Executive Regulation for Preparedness and Response to Environmental Emergencies and Disasters.
(8) Reviewing studies of environmental impact assessment of activities in the marine and coastal environment in coordination with the National Center for Wildlife Development and the National Center for Vegetation Cover and Combating Desertification, each in accordance with its jurisdiction pursuant to the Executive Regulation for Environmental Permits to Establish and Operate Activities.
(9) Inspecting, monitoring, and apprehending violations in accordance with its jurisdiction, and coordinating with the competent authority at the Ministry of Interior whenever necessary to apprehend violators.
(10) Contributing to the development of national reports related to the quality of environmental media in the marine and coastal environment, in the field of its competence.
(11) Developing and implementing programs for studies and research related to the quality of environmental media, in this field of its competence, in the marine and coastal environment aiming to protect it from pollution and degradation.
(12) Regulating environmental guidance activities in relation to the protection of the marine and coastal environment from degradation and pollution, including conducting specialized courses, seminars, working sessions, and media campaigns.
(13) Following up on the implementation of the international and regional conventions related to the protection of the marine and coastal environment from degradation and pollution that the Kingdom has ratified, and which have come into force.
(14) Issuing accreditation certificates for anti-fouling systems in accordance with the International Convention on the Control of Harmful Anti-Fouling Systems in Ships.
(15) Coordinating with the Saudi Ports Authority and the Transport General Authority to inspect ships and make the necessary environmental tests and measurements in accordance with international conventions, in addition to coordinating with the competent authority at the Ministries of Interior and Foreign Affairs whenever necessary in relation to apprehending violators and violating marine vehicles.
Second: The National Center for Wildlife Development
Without prejudice to the jurisdiction of the National Center for Wildlife Development stipulated in its mandate, the Center shall undertake the tasks related to the protection and development of
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wildlife in the marine and coastal environment within its jurisdiction, including:
(1) Developing and implementing a national plan for the protection and development of wildlife species and their habitats in the marine and coastal environment.
(2) Taking the necessary measures to return the locally extinct or endangered wildlife species to their habitat and their natural levels.
(3) Suggesting the locations of areas of high environmental importance in the marine and coastal environment in accordance with section (Fourth) of article (4) of this Executive Regulation.
(4) Conducting monitoring and periodic evaluation of indicators of the state of wildlife species and their habitats in the marine and coastal environment and setting plans and programs to preserve and develop them, in coordination with the national environmental centers and other relevant authorities.
(5) Publishing reports on indicators of the state of wildlife species and their habitats in the marine and coastal environment on government websites or other appropriate means, as specified by the Ministry.
(6) Regulating activities related to wildlife species in the marine and coastal environment.
(7) Regulating investment in wildlife species in the marine and coastal environment in coordination with the Ministry.
(8) Issuing a list of marine and coastal wildlife species that are threatened with extinction.
(9) Regulating the hunting of marine and coastal animal wildlife species and the extraction of their products and derivatives, including:
a. Issuing and approving lists of marine wildlife species whose hunting is prohibited
b. Issuing and approving lists of the types of products and derivatives of marine wildlife species whose extraction is prohibited.
c. Issuing and approving lists of the tools that are allowed or prohibited to be used for hunting marine animal wildlife species.
d. Issuing controls and requirements for the use of tools and equipment for hunting marine animal wildlife species.
e. Issuing, approving, and reviewing the hunting quantities of marine animal wildlife species for each species and the quotas specified for each license.
f. Publishing a list of sites where hunting marine wildlife species is allowed in the marine and coastal environment in coordination with the relevant authorities.
g. Specifying the start and end dates of the seasons during which the hunting of marine animal wildlife species is allowed, and the application of the time ban on hunting in the marine and coastal environment.
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(10) Developing and implementing programs for studies and research related to wildlife species and their habitats in the marine and coastal environment with the aim of protecting and developing them.
(11) Regulating environmental guidance activities with regard to wildlife species and their habitats in the marine and coastal environment, including holding courses, seminars, specialized working sessions, and media campaigns.
(12) Issuing lists of invasive and alien species, and monitoring and controlling their entry and presence in the marine and coastal environment.
(13) Contributing to the development and review of national reports related to the status of wildlife species and their habitats in the marine and coastal environment, their development, and the threats they face.
(14) Developing environmental requirements and controls for the issuance and renewal of environmental licenses and permits for activities - in accordance with jurisdiction - in the marine and coastal environment.
(15) Issuing environmental permits and licenses for activities in the marine and coastal environment - in accordance with jurisdiction - and renewing them and collecting the dues therefor.
(16) Inspecting, monitoring, and apprehending violations in accordance with its jurisdiction, and coordinating with the competent authority at the Ministry of Interior whenever necessary to apprehend violators.
(17) Following up on the implementation of the international and regional conventions related to the wildlife species and their habitats in the marine and coastal environment that the Kingdom has ratified, and which have come into force.
(18) Establishing environmental controls and requirements necessary for activities in the marine and coastal environment aiming to protect marine wildlife.
(19) Reviewing the plans to rehabilitate the environments of damaged or completely or partially destroyed marine wildlife and overseeing the implementation thereof.
(20) Monitoring invasive species in the marine and coastal environment and developing plans and programs to reduce and control them.
(21) Monitoring, documenting, and managing the stranding of marine species and their rescue plans.
(22) Setting environmental controls and requirements related to the anchoring of marine vehicles and developing studies to specify the permissible mooring sites and the sites for the deployment of mooring buoys in order to reduce the impact on wildlife species and
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their habitats such as coral reefs or any other habitats subject to damage as a result of the anchorages of marine vehicles.
(23) Specifying safe paths for marine vehicles to pass in a way that limits the impact on coral reefs, protected areas, and habitats of marine wildlife species and their migration routes as well as areas of high environmental importance in the marine and coastal environment.
Third: The National Center for Vegetation Cover and Combating Desertification
Without prejudice to the jurisdiction of the Center stipulated in its mandate, the National Center for Vegetation Cover and Combating Desertification shall undertake the tasks related to the lands of vegetation cover in coastal areas in accordance with the Executive Regulation for Vegetation Cover Development and Combating Desertification.
Article (4) - Protection and Development of Wildlife Species in the Marine and Coastal Environment
First: General Provisions
(1) The National Center for Wildlife Development shall take the necessary measures to return locally extinct or endangered species to their natural habitats and levels.
(2) It is prohibited to dump or dispose waste or liquid substances in the marine and coastal environment.
(3) The following activities are prohibited in the marine and coastal environment:
a. Hunting, extracting, or collecting endangered wildlife species in the marine and coastal environment, including their products and derivatives.
b. Hunting, extracting, or collecting wildlife species of which hunting is prohibited in the marine and coastal environment, including their products and derivatives.
c. Hunting, extracting, or collecting wildlife species in the marine and coastal environment, including their products and derivatives, without licenses or permits from the National Center for Wildlife Development.
d. Introducing invasive and alien wildlife species to the marine and coastal environment. The National Center for Wildlife Development shall issue lists of these species, as well as follow up and control their entry and presence in the Kingdom.
e. Collecting or transporting the eggs of wildlife species in the marine and coastal environment.
f. Damaging or destroying coral reefs or the habitats and nests of wildlife species and their breeding places in the marine and coastal environment.
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g. Getting rid of fishing nets or any other tools of hunting in the marine and coastal environment.
h. Dropping anchors for ships or boats in coral reef areas.
(4) Any person who accidentally catches endangered or prohibited wildlife species must immediately release them without compromising their safety.
(5) All persons must notify the competent center as soon as any of the endangered or prohibited marine wildlife species is exposed to bycatch.
(6) All persons must notify the National Center for Wildlife Development as soon as any endangered or prohibited marine wildlife species are subjected to detention or accidentally stranded in their sites.
(7) The following cases are excluded from the activities mentioned in clause (2) of this article:
a. For the purposes of the National Center for Wildlife Development carrying out its duties related to the protection and propagation of these species.
b. For the purposes of scientific research, this will be after obtaining a license from the National Center for Wildlife Development in accordance with article (6) of this Executive Regulation.
(8) It is prohibited to plant mangroves or other coastal plants in the marine and coastal environment without obtaining a license from the National Center for Vegetation Cover and Combating Desertification.
(9) All persons must notify the National Center for Environmental Compliance immediately upon the occurrence of any oil spill or other harmful substances, or the loss of any of the cargo of marine vehicles in the marine or coastal environment, while taking the necessary measures to contain the leaks and protect the environment.
Second: Controls for the Tools and Equipment of Hunting Marine Animal Wildlife Species
(1) It is not allowed to use prohibited tools or equipment – as specified by the competent center - for hunting, extracting, or collecting wildlife species in the marine and coastal environment, including their products and derivatives.
(2) It is prohibited to use marine spear guns to hunt marine animal wildlife species in a manner that violates the controls set by the Center.
(3) It is prohibited to hunt marine animal wildlife species with explosives, or toxic or narcotic substances.
Third: Special Controls for Interaction with Marine Wildlife Species in their Natural Environment
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(1) It is prohibited to interact with marine wildlife species, except for species, locations, and purposes specified by the National Center for Wildlife Development and after obtaining the necessary licenses in advance.
(2) The interaction with each species is carried out separately, in accordance with its nature and behavior and the impact thereon as a result of this interaction, in accordance with the controls and requirements set by the National Center for Wildlife Development for each species.
Fourth: Areas of High Environmental Importance in the Marine and Coastal Environment
(1) The competent center shall be responsible for identifying the areas of high environmental importance in the marine and coastal environment, based on detailed studies that consider the environmental, economic, and social aspects to be submitted the Ministry to complete the approval procedures.
(2) Areas of high environmental importance in the marine and coastal environment include, but are not limited to, the following areas:
a. Coral reef areas.
b. Seagrass areas.
c. Marine wildlife species breeding areas.
d. Marine wildlife species nursery areas.
e. Mangrove areas and forests.
f. Habitats of endangered marine wildlife species.
g. Important areas for birds.
(3) The competent center shall announce the areas of high environmental importance - after their approval - through the appropriate media and/or the use of signboards.
(4) The competent center shall develop and implement a plan for the management of areas of high environmental importance in the marine and coastal environment, which shall include the necessary procedures for monitoring and protecting the state of the environment in each area, in addition to the requirements of permitted activities in each area, in coordination with the relevant authorities.
(5) The competent center may prevent, temporarily or permanently, any activities in areas of high environmental importance in the marine and coastal environment, in coordination with the relevant authorities.
(6) It is prohibited to enter or transit through areas of high environmental importance in the marine and coastal environment without obtaining an approval from the National Center for Wildlife Development and the National Center for Vegetation Cover and Combating
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Desertification, each in accordance with its jurisdiction. Persons and marine vehicles that have prior approval from the competent center shall adhere to the controls and requirements set by the Center to protect these areas.
Article (5) - Controls for Marine Vehicles with Regard to the Protection of the Marine and Coastal Environment
Without prejudice to the obligations stipulated in the international conventions related to the marine and coastal environment ratified by the Kingdom:
(1) Marine vehicles must abide by international standards and requirements for anti-fouling systems in accordance with international conventions and abide by the relevant controls and requirements set by the competent center.
(2) Marine vehicles must not use organotin compounds that act as biocides in anti-fouling systems, on their bodies, parts, or external surfaces, and to provide an insulating layer that prevents the leakage of these compounds from anti-fouling systems.
(3) Marine vehicles must abide by international requirements and controls for waste management resulting from the establishment and removal of anti-fouling systems in accordance with international conventions and abide by the relevant controls and requirements set by the National Center for Environmental Compliance and/or the National Center for Waste Management.
(4) Marine vehicles must adhere to the ballast water management plan, in accordance with the International Convention for the Control and Management of Ships' Ballast Water and Sediments.
(5) Marine vehicles are prohibited from dumping, discharging, or disposing any of the pollutants from the ballast water, as well as cargo residues, waste, liquid substances, and dissolution of the anti-fouling materials; this is without prejudice to the provisions provided in the relevant international conventions ratified by the Kingdom.
(6) All marine vehicles must conduct inferential tests before discharging the ballast water that was loaded from the sea outside the territorial waters of the Kingdom of Saudi Arabia or the regionally designated areas to ensure that the water expected to be discharged is free of living organisms.
(7) Marine vehicles must abide by the requirements, standards, and controls for waste disposal in accordance with relevant international conventions.
(8) It is prohibited to damage or tamper with the mooring buoys of the marine transport vehicles
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belonging to the competent centers.
(9) It is prohibited to throw the anchor in places prohibited by the National Center for Wildlife Development.
(10) It is prohibited to anchor or operate marine vehicles in areas of high environmental importance in the marine and coastal environment, except in emergency cases resulting from weather conditions or a defect therein, carrying out an operation to save lives or property, or with the prior approval of the National Center for Wildlife Development.
(11) Marine vehicles that anchor or run under emergency in areas of high environmental importance in the marine and coastal environment must abide by the following:
a. Notify the National Center for Wildlife Development, the Ministry of Interior, and other relevant entities as soon as it becomes necessary to operate or anchor the marine vehicle in areas of high environmental importance in the marine and coastal environment.
b. Clarify the reason for being in these areas, and the emergency that the marine vehicle has been exposed to.
c. Avoid contact with natural resources and wildlife species.
d. Take all possible and necessary measures to protect the environment in areas of high importance and notify the competent center as soon as any oil leakage or other harmful substances, or any loss of cargo of the marine vehicle in the area occur.
e. Leave the area as soon as the reason for doing so is no longer valid.
(12) Marine vehicles specified by the competent center must keep a special logbook showing the locations of stoppage and anchoring and provide the competent center with a copy thereof upon request.
(13) Marine vehicles must abide by the speeds set by the National Center for Wildlife Development in protected areas and areas of high environmental importance.
Article (6) - Environmental Licenses and Permits for Activities in the Marine and Coastal Environment
First: General Provisions
(1) It is prohibited for all persons to carry out activities that have an impact on the environmental media in the marine and coastal environment, without obtaining an environmental permit from the National Center for Environmental Compliance in accordance with the Executive Regulation for Environmental Permits to Establish and Operate Activities, including, for example:
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a. Quarrying rocks and gravel.
b. Removing beach sand and marine sediments.
c. Carrying out backfilling, excavation, and dredging or beach reclamation works.
d. Constructing or removing breakwaters, sea walls, and any installations that alter the natural coastline.
e. Establishing or removing permanent or temporary offshore platforms.
f. Carrying out any coastal construction or demolition works.
g. Carrying out exploration and excavation works.
h. Holding marine sports competitions or activities that include motorized vehicles.
i. Establishing fish farming projects or any marine investment projects.
j. Conducting scientific or research activities related to studying the quality of the environmental media in the marine or coastal environment.
(2) The construction of breakwaters, seawalls, and any facilities that alter the natural coastline must be necessary to protect the existing facilities or to protect the beaches from erosion and deterioration, in accordance with the requirements set by the National Center for Environmental Compliance.
(3) The National Center for Wildlife Development - in coordination with the National Center for Environmental Compliance and the relevant authorities - may prevent or temporarily stop the activities referred to in Clause (1) of this article in specific places, especially during the breeding seasons of wildlife species and during the times in which they raise their young.
(4) It is prohibited for all persons to carry out activities that affect the wildlife species in the marine and coastal environment without obtaining a permit or license from the National Center for Wildlife Development, including, for example, the following:
a. Hunting or extracting marine wildlife species that are permitted to be hunted or extracted.
b. Collecting or extracting products or derivatives of wildlife species that are permitted to be extracted or collected.
c. Establishing or constructing artificial reef environments in the marine environment.
d. Carrying out scientific and research activities related to wildlife in the marine and coastal environment.
e. Carrying out tourism activities related to marine wildlife species shows.
f. Carrying out tourism activities related to interaction with marine animal wildlife species in their natural environment.
g. Carrying out the work of a tour guide in the field of tourism activities related to interaction with marine wildlife species in their natural environment.
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h. Setting marine vehicles mooring buoys or changing their places.
i. Holding competitions and marine sports activities that do not include motorized vehicles.
(5) All persons must obtain a license from the National Center for Vegetation Cover and Combating Desertification for activities that contribute to the development of vegetation cover in the coastal environment, including mangroves.
(6) All persons must obtain the approval of the National Center for Vegetation Cover and Combating Desertification when conducting studies and scientific research on mangroves and coastal saline plants.
(7) The competent center shall issue the controls and requirements for the permits and licenses it issues in accordance with the provisions of this Executive Regulation.
(8) The competent center shall set the procedures for obtaining licenses and permits, including the required documents and papers.
(9) The competent center shall issue its decision on license and permit applications that fulfil all required data, documents, and papers within thirty (30) working days as of the date of meeting all relevant requirements, and if needed, this time period may be extended by additional ten (10) working days.
(10) The license or permit shall be issued including its validity period and any controls or requirements set by the competent center.
(11) The due is collected by the competent center before issuing or renewing the environmental permit or license.
(12) The competent center may deny the request to issue or renew the environmental permit or license for the activity, provided that the decision is justified.
(13) All persons must abide by the controls and requirements of the environmental permit or license issued by the competent center.
(14) The competent center shall notify the competent authority at the Ministry of Interior of the issuance of any licenses for research and scientific activities, with an explanation of the target sites and the period specified therefor.
Second: Special Provisions for Licensing the Hunting of Marine Wildlife Species that are Allowed to be Hunted
(1) The license to hunt marine wildlife species is a personal license and may not be used or assigned to another person.
(2) The applicant for a license must not have been found guilty of two or more violations of the provisions of the Environmental Law and two (2) years must have passed since the most
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recent violation as of the date of the last decision issued in respect thereof.
(3) The National Center for Wildlife Development shall issue its decision on license applications within ten (10) working days as of the date of meeting all relevant requirements, and the Center may, if needed, extend this period by additional five (5) working days.
(4) The hunting license shall be issued including the following:
a. The national identity number or residence number of the licensee, and his address.
b. Types of marine animal wildlife species of which hunting is permitted.
c. Hunting tools and equipment that are allowed to be used, which shall be listed in accordance with the nature of the marine animal wildlife species to be hunted.
d. Quantities of marine animal wildlife species allowed to be hunted.
e. The area in which hunting is permitted.
f. The validity period of the license, provided that the license period does not exceed one (1) year as of the date of issuance.
(5) The Center may cancel the hunting license in the event that the person does not comply with the Executive Regulation and the controls and requirements of the license.
Third: Special Provisions for Licensing Scientific and Research Activities and Collecting Resources in the Marine and Coastal Environment
(1) If the samples are to be sent abroad, a copy of the agreement between the exporting and importing entity must be submitted within the license application documents, specifying the legal and intellectual ownership of the research results and the methods of disposing of the samples after the research is over.
(2) The study team must not affect the wildlife species and their habitats when sampling.
(3) The term of licenses for scientific and research activities within the coastal marine environment shall be in accordance with the period of study or research.
(4) The National Center for Wildlife Development shall issue licenses for hunting marine wildlife species for scientific and research purposes, and in the event that they are released alive, it shall be done in accordance with the controls and requirements set by the Center.
(5) The research teams must hand over a copy of the results of the studies to be carried out after completing them to the National Center for Wildlife Development.
(6) A permit from the General Authority for Survey is required when applying for a marine research license.
Fourth: Special Provisions for Licensing Marine Sports Activities
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(1) Without prejudice to the jurisdiction of the Ministry of Sports, it is prohibited to hold competitions or marine sports activities that include motorized vehicles without obtaining a permit from the National Center for Environmental Compliance.
(2) Without prejudice to the jurisdiction of the Ministry of Sports, it is prohibited to hold marine sports and diving competitions or activities that do not include motorized vehicles without obtaining a permit from the National Center for Wildlife Development.
Fifth: Special Provisions for Tourism Activities Related to Interaction with Marine Wildlife Species in their Natural Environment
A tourist guide licensed by the National Center for Wildlife Development is required to run any tourist trips for tourism activities related to interaction with marine wildlife species.
Article (7) - Violations Apprehension and Penalties Imposition
Violations of the provisions of the Executive Regulation shall be apprehended, and the penalties set out in Table (1) shall be imposed in accordance with the Executive Regulation for Apprehension of Violations and Imposition of Penalties related to the Environmental Law, taking into account the following:
(1) Serious violations shall be prescribed a penalty proportional to the degree of damage, the size and inherent importance of the damaged site, the type of damaged receptors, and the economic and social implications arising therefrom.
(2) The estimation of the penalty for significant violations referred to in Clause (1) of this article shall be made by a committee formed of experts and qualified persons, established through a decision of the competent centre's CEO.
(3) Violations shall be deemed serious if they involve any of the following acts:
a. Acts stipulated in Article (35) of the law.
b. Acts that lead to environmental degradation.
c. Acts that harm sensitive receptors or environmentally sensitive areas.
(4) The violator must correct the violation, repair the damage, and pay compensation.
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Table (1) - Violations and Penalties
<table><tr><td>#</td><td>Violation</td><td>Penalty (Saudi Riyals)</td><td>Comments</td></tr><tr><td>1</td><td>Hunting, collecting, or extracting endangered or prohibited marine wildlife species</td><td>The violator must be fined an amount in accordance with the list in Table (2).</td><td></td></tr><tr><td>2</td><td>Collecting or extracting products or derivatives of endangered or prohibited marine wildlife species</td><td>(50,000) in addition to a fine of (200) for each unit of measurement(1) specified by the Center, with a maximum of(2) (500,000).</td><td></td></tr><tr><td>3</td><td>Hunting, extracting, or collecting marine wildlife species or their permitted products or derivatives without obtaining a license</td><td>(10,000) in addition to a fine of (100) for each unit of measurement specified by the Center, with a maximum of (100,000)</td><td></td></tr><tr><td>4</td><td>Failure to release or return endangered or prohibited wildlife species to the sea in case of bycatch</td><td>From (1,000) to (200,000) (per wildlife species) with a maximum of (500,000)</td><td></td></tr><tr><td>5</td><td>Failure to notify the competent center about the exposure of endangered or prohibited wildlife species to bycatch</td><td>From (1,000) to (100,000) (per wildlife species) with a maximum of (200,000)</td><td>In the event of deliberately endangering the safety of the species, the value of the fine in table (2) shall be applied to the violator.</td></tr><tr><td>6</td><td>Failure to notify the competent center about the exposure of endangered or prohibited species to accidental seizure</td><td>From (1,000) to (100,000) (per wildlife species) with a maximum of (200,000)</td><td>In the event of deliberately endangering the safety of the species, the value of the fine in table (2) shall be applied to the violator.</td></tr></table>
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<table><tr><td>#</td><td>Violation</td><td>Penalty (Saudi Riyals)</td><td>Comments</td></tr><tr><td>7</td><td>Possessing hunting tools or weapons that are prohibited to be used while in the marine or coastal environment</td><td>From (5,000) to (30,000)</td><td>Estimated in accordance with the type of weapon and its effect on the wildlife species and the marine and coastal environment</td></tr><tr><td>8</td><td>Using prohibited hunting tools and equipment</td><td>From (50,000) to (500,000)</td><td>Estimated in accordance with the type of the tools or equipment and its effect on the wildlife species or the marine and coastal environment, in addition to paying the fine specified in table (2).</td></tr><tr><td>9</td><td>Collecting, transporting, destroying, or damaging the eggs, nests, or habitats of wildlife species in the marine and coastal environment</td><td>A fine not exceeding (1,000,000)</td><td>Estimated in accordance with the type of the wildlife species, the quantity, and the damage, along with obliging the violator to correct the violation, repair the damage, and pay compensation</td></tr><tr><td>10</td><td>Releasing any kind of invasive or alien species or animals into the marine and coastal environment</td><td>From (10,000) to (200,000) (for each invasive or alien species or animal released)</td><td>Estimated in accordance with its damage and danger to the marine and coastal environment</td></tr></table>
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<table><tr><td>#</td><td>Violation</td><td>Penalty (Saudi Riyals)</td><td>Comments</td></tr><tr><td>11</td><td>Interacting with marine species without obtaining a license</td><td>(10,000) in addition to a fine specified by the competent center in accordance with the harm or damage suffered by the marine wildlife species, with a maximum limit not exceeding the value of the fine specified in table (2) for each species.</td><td></td></tr><tr><td>12</td><td>Interacting negatively with marine species with a license</td><td>- The species was not subjected to any physical harm: (5,000)- The species has been injured, its habitat has been damaged, or it has lost its nest or eggs: (50,000)- Interaction resulted in killing the species: The fine for each species is in accordance with the value specified in table (2).</td><td></td></tr><tr><td>13</td><td>Damaging coral reefs or sponges</td><td>The violator must be fined an amount in accordance with the list in Table (2).</td><td>Along with obliging the violator to pay compensation</td></tr><tr><td>14</td><td>Disposing hunting tools and equipment in the marine and coastal environment</td><td>A fine not exceeding (50,000)</td><td>Along with obliging the violator to repair the damage and pay compensation</td></tr><tr><td>15</td><td>Extracting coral reefs</td><td>A fine not exceeding (200,000) per cubic meter</td><td></td></tr><tr><td>16</td><td>Extracting sponges</td><td>A fine not exceeding (10,000) per cubic meter</td><td></td></tr></table>
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<table><tr><td>#</td><td>Violation</td><td>Penalty (Saudi Riyals)</td><td>Comments</td></tr><tr><td>17</td><td>Damaging plants, herbs, grass, or algae in the marine environment</td><td>From (5,000) to (200,000)</td><td>Estimated in accordance with the type of plants, herbs, grass, or algae, and the area of the affected area, along with obliging the violator to pay compensation.</td></tr><tr><td>18</td><td>Cultivating any types of plants, herbs, invasive or alien grass in the marine and coastal environment</td><td>From (10,000) to (200,000)</td><td>Estimated in accordance with the damage and the danger to the marine and coastal environment, along with obliging the violator to correct the violation, repair the damage, and pay compensation.</td></tr><tr><td>19</td><td>Not complying with the controls and requirements of the competent center for areas of high environmental importance</td><td>A fine not exceeding (200,000)</td><td>Estimated in accordance with the severity of the violation and its impact on the area of high environmental importance, along with obliging the violator to correct the violation, repair the damage, and pay compensation</td></tr><tr><td>20</td><td>Destructing or removing mooring buoys of marine vehicles belonging to the competent center</td><td>From (30,000) to (100,000)</td><td>Along with obliging the violator to repair the damage and pay compensation</td></tr><tr><td>21</td><td>Casting anchor in places prohibited by the National Center for Wildlife Development</td><td>(10,000)</td><td>Along with obliging the violator to repair the damage and pay compensation</td></tr></table>
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<table><tr><td>#</td><td>Violation</td><td>Penalty (Saudi Riyals)</td><td>Comments</td></tr><tr><td>22</td><td>Anchoring or running marine vehicles through areas of high environmental importance in the marine and coastal environment, without obtaining the approval of the competent center</td><td>From (10,000) to (100,000)</td><td>Estimated in accordance with the size of the marine vehicle and its impact on the area of high environmental importance and the wildlife species that live in it, along with obliging the violator to correct the violation, repair the damage, and pay compensation</td></tr><tr><td>23</td><td>Failure to comply with the controls of mooring or running of marine vehicles in cases of emergencies in the areas of environmental importance specified in Clause (10) of Article (5) of this Executive Regulation</td><td>From (50,000) to (1,000,000)</td><td>Estimated in accordance with the type of violation and its impact on the environment and the wildlife species that live in the area, along with obliging the violator to correct the violation, repair the damage and pay compensation</td></tr><tr><td>24</td><td>Failure to keep the logbook that shows the locations in which the marine vehicle stopped, and the anchor was dropped</td><td>(50,000)</td><td>(the Center shall specify the relevant marine vehicles)</td></tr><tr><td>25</td><td>Non-compliance of the marine vehicle with the speeds set by the competent center in protected areas and areas of high environmental importance</td><td>From (1,000) to (20,000)</td><td>Estimated in accordance with the speed and quality of the marine vehicle</td></tr></table>
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<table><tr><td>#</td><td>Violation</td><td>Penalty (Saudi Riyals)</td><td>Comments</td></tr><tr><td>26</td><td>Non-compliance with the standards and requirements for anti-fouling systems</td><td>From (10.000) to (1,000,000)</td><td>Estimated in accordance with the type and size of the marine vehicle and the extent of the damage</td></tr><tr><td>27</td><td>Non-compliance with the requirements and controls for waste resulting from the installation and removal of anti-fouling systems</td><td>From (20,000) to (1,000,000)</td><td>Estimated in accordance with the type and size of the marine vehicle and the size of the environmental damages caused thereby and its impact on the wildlife, along with obliging the violator to correct the violation, repair the damage, and pay compensation</td></tr><tr><td>28</td><td>Failure to comply with the ballast water management plan, in accordance with the International Convention for the Control and Management of Ship&#x27;s Ballast Water and Sediments</td><td>From (50,000) to (1,000,000)</td><td>Estimated in accordance with the type and size of the marine vehicle and the size of the environmental damages caused thereby and its impact on the wildlife, along with obliging the violator to correct the violation, repair the damage, and pay compensation</td></tr></table>
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<table><tr><td>#</td><td>Violation</td><td>Penalty (Saudi Riyals)</td><td>Comments</td></tr><tr><td>29</td><td>Failure to perform indicative tests before discharging the ballast water</td><td>From (50,000) to (2,000,000)</td><td>Estimated in accordance with the type and size of the marine vehicle and the size of the environmental damages caused thereby and its impact on the wildlife, along with obliging the violator to correct the violation, repair the damage, and pay compensation</td></tr><tr><td>30</td><td>Dumping, discharging, or disposing any of the pollutants from the ballast water, as well as cargo residues, waste, liquid substances, and dissolution of the anti-fouling materials</td><td colspan="2">The fine specified in the Executive Regulation for the Protection of Aqueous Media from Pollution must be applied</td></tr><tr><td>31</td><td>Failure to notify the competent center upon the occurrence of any spill of oil or harmful substances or the loss of any of the cargo of marine vehicles within the marine or coastal environment</td><td>From (10,000) to (1,000,000)</td><td>Estimated in accordance with the damages and the area affected, along with obliging the violator to correct the violation, repair the damage, and pay compensation</td></tr><tr><td>32</td><td>Failure to take the necessary measures to contain leaks and protect the environment</td><td>From 50,000 to 5,000,000</td><td>Estimated in accordance with the damages and the area affected, along with obliging the violator to correct the violation, repair the damage, and pay compensation</td></tr></table>
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<table><tr><td>#</td><td>Violation</td><td>Penalty (Saudi Riyals)</td><td>Comments</td></tr><tr><td>33</td><td>Dumping or discharging wastewater or any liquid substances - untreated - into the marine and coastal environment</td><td colspan="2">The fine specified in the Executive Regulation for the Protection of Aqueous Media from Pollution shall be applied</td></tr><tr><td>34</td><td>Dumping or discharging wastewater or any liquid substances - treated - into the marine or coastal environment without a permit</td><td colspan="2">The fine specified in the Executive Regulation for the Protection of Aqueous Media from Pollution shall be applied</td></tr><tr><td>35</td><td>Burying, burning, or disposing waste in the marine and coastal environment</td><td>A fine not exceeding (500,000)</td><td>Estimated according to the damages and the area affected, along with obliging the violator to correct the violation, repair the damage, and pay compensation</td></tr><tr><td>36</td><td>Disposing hazardous waste in the marine and coastal environment</td><td>From (50,000) to (20,000,000)</td><td>Estimated according to the damages and the area affected, along with obliging the violator to correct the violation, repair the damage, and pay compensation, as well as referring the violator to the public prosecution</td></tr><tr><td>37</td><td>Carrying out any of the activities specified in article (6) of this Executive Regulation without obtaining a license or permit from the competent center</td><td>From (5,000) to (200,000)</td><td>Estimated according to the type of activity and the environmental damage, along with obliging the violator to correct the violation, repair the damage, and pay compensation</td></tr></table>
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<table><tr><td>#</td><td>Violation</td><td>Penalty (Saudi Riyals)</td><td>Comments</td></tr><tr><td>38</td><td>Non-compliance by the licensee or the permittee with the controls and requirements of licenses and permits related to the marine and coastal environment</td><td>From (5,000) to (200,000)</td><td>Estimated according to the type of activity and the environmental damage, along with obliging the violator to correct the violation, repair the damage, and pay compensation</td></tr></table>
(1) Unit of Measurement: It is the unit that expresses volume, weight, mass, or other as appropriate.
(2) Maximum: The total value of the penalty.
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Table (2) - Penalties for Hunting or Extracting Marine Wildlife Species \( ^{(1)} \)
<table><tr><td>Number</td><td>Scientific Name</td><td>Penalty (Saudi Riyals / per Species)</td></tr><tr><td colspan="3">First: Huge marine wildlife species (per species)</td></tr><tr><td>1</td><td>Balaenoptera edeni</td><td>500,000</td></tr><tr><td>2</td><td>Balaenoptera acutorostrata</td><td>500,000</td></tr><tr><td>3</td><td>Megaptera novaeangliae</td><td>500,000</td></tr><tr><td>4</td><td>Pseudorca crassidens</td><td>600,000</td></tr><tr><td>5</td><td>Physeter macrocephalus</td><td>1,500,000</td></tr><tr><td>6</td><td>Orcinus orca</td><td>500,000</td></tr><tr><td>7</td><td>Globicephala macrorhynchus</td><td>150,000</td></tr><tr><td>8</td><td>Dugong dugon</td><td>1,000,000</td></tr><tr><td>9</td><td>Rhincodon typus</td><td>1,000,000</td></tr><tr><td colspan="3">Second: Marine mammals (per species)</td></tr><tr><td>1</td><td>Delphinus cf. tropicalis</td><td>500,000</td></tr><tr><td>2</td><td>Grampus griseus</td><td>150,000</td></tr><tr><td>3</td><td>Sousa chinensis</td><td>150,000</td></tr><tr><td>4</td><td>Stenella attenuata</td><td>150,000</td></tr><tr><td>5</td><td>Stenella longirostris</td><td>150,000</td></tr><tr><td>6</td><td>Tursiops aduncus</td><td>150,000</td></tr><tr><td>7</td><td>Tursiops truncatus</td><td>150,000</td></tr><tr><td>8</td><td>Steno bredanensis</td><td>150,000</td></tr><tr><td colspan="3">Third: Fish (per species)</td></tr><tr><td>1</td><td>Carcharhinus longimanus</td><td>100,000</td></tr><tr><td>2</td><td>Sphyrna lewini</td><td>100,000</td></tr><tr><td>3</td><td>Sphyrna mokarran</td><td>100,000</td></tr><tr><td>4</td><td>Galeocerdo cuvier</td><td>40,000</td></tr><tr><td>5</td><td>Carcharhinus amblyrhynchos</td><td>40,000</td></tr><tr><td>6</td><td>Carcharhinus limbatus</td><td>40,000</td></tr><tr><td>7</td><td>Carcharhinus falciformis</td><td>60,000</td></tr></table>
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<table><tr><td>Number</td><td>Scientific Name</td><td>Penalty (Saudi Riyals / per Species)</td></tr><tr><td>8</td><td>Carcharhinus plumbeus</td><td>60,000</td></tr><tr><td>9</td><td>Triaenodon obesus</td><td>40,000</td></tr><tr><td>10</td><td>Negaprion acutidens</td><td>60,000</td></tr><tr><td>11</td><td>Prestedae spp</td><td>100,000</td></tr><tr><td>12</td><td>Carcharhinus dussumieri</td><td>80,000</td></tr><tr><td>13</td><td>Chaenogaleus macrostoma</td><td>60,000</td></tr><tr><td>14</td><td>Rhizoprionodon oligolink</td><td>10,000</td></tr><tr><td>15</td><td>Carcharhinus leucas</td><td>40,000</td></tr><tr><td>16</td><td>Carcharhinus dussumieri</td><td>80,000</td></tr><tr><td>17</td><td>Carcharhinus albimarginatus</td><td>60,000</td></tr><tr><td>18</td><td>Alopias pelagicus</td><td>80,000</td></tr><tr><td>19</td><td>Hemigaleus microstoma</td><td>60,000</td></tr><tr><td>20</td><td>Carcharhinus altimus</td><td>60,000</td></tr><tr><td>21</td><td>Carcharhinus brevipinna</td><td>40,000</td></tr><tr><td>22</td><td>Nebrius ferrugineus</td><td>60,000</td></tr><tr><td>23</td><td>Stegostoma fasciatum</td><td>80,000</td></tr><tr><td>24</td><td>Mustelus mosis</td><td>40,000</td></tr><tr><td>25</td><td>Hemipristis elongata</td><td>60,000</td></tr><tr><td>26</td><td>Isurus oxyrinchus</td><td>80,000</td></tr><tr><td>27</td><td>Cheilinus undulatus</td><td>25,000</td></tr><tr><td>28</td><td>Aetomylaeus milvus</td><td>80,000</td></tr><tr><td>29</td><td>Rhynchobatus laevis</td><td>100,000</td></tr><tr><td>30</td><td>Rhynchobatus djiddensis</td><td>100,000</td></tr><tr><td>31</td><td>Rhynchobatus australiae</td><td>100,000</td></tr><tr><td>32</td><td>Rhina ancylostoma</td><td>100,000</td></tr><tr><td>33</td><td>All species of sea horse</td><td>5,000</td></tr><tr><td>34</td><td>Stenella coeruleoalba</td><td>150,000</td></tr><tr><td colspan="3">Fourth: Coral reefs (percentage of coverage)</td></tr></table>
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<table><tr><td>Number</td><td>Scientific Name</td><td>Penalty (Saudi Riyals / per Species)</td></tr><tr><td>1</td><td>All species of hard and brittle coral</td><td>200,000 per cubic meter</td></tr><tr><td colspan="3">Fifth: Sponges</td></tr><tr><td>1</td><td>All species of sponge</td><td>10,000 per cubic meter</td></tr><tr><td colspan="3">Sixth: Sea turtles (per species)</td></tr><tr><td>1</td><td>Chelonia mydes</td><td rowspan="5">From (10,000) to (100,000) to be estimated by the Center according to the age, size, and type of the species</td></tr><tr><td>2</td><td>Erthmochetyis imbricate</td></tr><tr><td>3</td><td>Caretta caretta</td></tr><tr><td>4</td><td>Lipdochelys olivacea</td></tr><tr><td>5</td><td>Dermochelys coriacea</td></tr><tr><td colspan="3">Seventh: Invertebrates (per species)</td></tr><tr><td>1</td><td>Holothuria fuscogilva</td><td>3,000</td></tr><tr><td>2</td><td>Holothuria nobilis</td><td>4,000</td></tr><tr><td>3</td><td>Thelenota ananas</td><td>4,000</td></tr><tr><td>4</td><td>Holothuria scabra</td><td>4,000</td></tr><tr><td>5</td><td>Pinctada margaritifera</td><td>10,000</td></tr><tr><td>6</td><td>Tridacna gigas</td><td>50,000</td></tr><tr><td>7</td><td>Charonia tritonis</td><td>1,000</td></tr><tr><td>8</td><td>Heterocentrotus mamillatus</td><td>1,000</td></tr><tr><td colspan="3">Eighth: Seabirds and waterfowls (for one of each species)</td></tr><tr><td>1</td><td>All species of seabirds and waterfowls</td><td>From (100) to (50,000) and the Center shall make a list</td></tr></table>
(1) With the exception of the species specified in (First) and (Eighth), the penalties in table (2) above shall not apply to bycatch by licensed fishermen who practice fishing under the controls set out in the fishing license issued to them, where the wildlife species has been returned to the marine environment upon bycatch.
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