Research On Criminal Sanctions For Natural Resource Exploitation In Uae
Case 1: Illegal Use of Explosive Fishing Methods
Facts: A group of fishermen in Abu Dhabi were caught using explosives to catch fish along a protected coastal area. The method killed large quantities of marine life, including protected species, and caused significant damage to the marine ecosystem.
Legal Basis: Federal Law No. 23/1999, Articles 51 and 52, prohibit the use of explosives or other destructive methods for fishing.
Sanctions Applied: The court imposed six months imprisonment and a fine of AED 75,000 on each fisherman. In addition, all boats and equipment used in the illegal activity were confiscated.
Significance: This case demonstrates the strict approach the UAE takes against destructive fishing methods, emphasizing both criminal penalties and confiscation of tools to prevent repeat offenses.
Case 2: Unauthorized Oyster Harvesting in a Marine Reserve
Facts: Individuals were discovered harvesting oysters from a protected marine reserve without the required license. The activity threatened local biodiversity.
Legal Basis: Law 23/1999, Article 26, prohibits removal of aquatic resources in protected areas without authorization.
Sanctions Applied: The violators received one year imprisonment and fines totaling AED 100,000, along with permanent confiscation of their harvesting equipment.
Significance: Exploiting natural resources in protected areas triggers heavier sanctions. It reinforces the principle that environmental protection takes precedence over private gain.
Case 3: Exceeding Fishing Quotas
Facts: A commercial fishing operator exceeded the legal daily catch limits for certain species in the waters near Dubai.
Legal Basis: Law 23/1999 regulates catch limits to ensure sustainable fisheries.
Sanctions Applied: The operator was fined AED 50,000, his fishing license was temporarily suspended, and part of the catch was confiscated and returned to the sea where possible.
Significance: This case shows that quota violations, even by licensed operators, are treated as criminal offenses, reflecting UAE’s commitment to sustainable resource management.
Case 4: Use of Prohibited Nets
Facts: A fisherman was caught using nylon nets in a restricted fishing zone. Nylon nets are prohibited because they catch juvenile fish and damage marine habitats.
Legal Basis: Law 23/1999, Article 52, bans the use of certain fishing gear.
Sanctions Applied: The fisherman received three months imprisonment and a fine of AED 25,000. His nets and boat were confiscated.
Significance: Targeting illegal gear protects juvenile fish populations and sensitive ecosystems, demonstrating preventive enforcement.
Case 5: Destruction of Mangrove Habitat
Facts: A developer cleared part of a mangrove forest in Sharjah for land development, causing significant habitat loss.
Legal Basis: Federal Law No. 24/1999 protects natural habitats, and the UAE Penal Code provides for penalties for environmental destruction.
Sanctions Applied: The court imposed one year imprisonment and a fine of AED 150,000. The developer was also required to fund habitat restoration.
Significance: Natural habitat destruction—even for commercial development—can lead to criminal liability, highlighting the UAE’s integrated approach to environmental law.
Case 6: Fishing Without a License
Facts: A recreational fisherman was caught fishing without a valid license in Ajman’s territorial waters.
Legal Basis: Law 23/1999 requires all fishing activities to be licensed.
Sanctions Applied: The fisherman was fined AED 5,000, and his equipment was confiscated. For repeat offenses, the law stipulates imprisonment of up to three months.
Significance: This shows that even minor violations are criminalized and enforceable, creating a deterrent effect.
Case 7: Illegal Sand Mining
Facts: A company extracted sand from coastal dunes without authorization, causing environmental degradation and destabilization of nearby land.
Legal Basis: Federal Law 24/1999 prohibits unauthorized exploitation of natural resources and provides criminal sanctions for environmental damage.
Sanctions Applied: Company executives were fined AED 200,000, and a two-year imprisonment sentence was imposed for repeated violations. Equipment used in mining was confiscated.
Significance: This illustrates that industrial-scale natural resource exploitation can trigger severe criminal penalties under UAE law.
Key Observations from These Cases
Range of Violations: Offenses range from recreational fishing to industrial exploitation, covering both aquatic and terrestrial natural resources.
Sanction Types: Imprisonment, fines, confiscation of equipment, suspension or revocation of licenses, and habitat restoration obligations.
Severity Based on Risk: Protected areas, endangered species, or destructive methods attract heavier penalties.
Repeat Offenses: Recidivist offenders face stricter sanctions, reflecting the UAE’s focus on deterrence.
Integration of Laws: Both specific natural resource laws and general environmental and criminal laws are used in tandem to ensure comprehensive enforcement.
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