The draft outlines clear mechanisms for identifying violations and imposing penalties, along with a detailed breakdown of the financial fines that may be levied on violating individuals and establishments, which in some cases can reach tens of millions of riyals.
Mechanism for detecting violations and imposing penalties
The article clarifies that the fines stipulated in the violation schedules represent the maximum financial penalties, while the competent authority determines the actual fine amount based on the nature and severity of the violation and any aggravating or mitigating circumstances.
The draft also stipulates a reduction in fines for minor violations committed by individuals to 25% of the fines specified in the violation schedule. For commercial establishments, specific percentages are applied according to the establishment's size classification: 25% for micro-enterprises, 50% for small establishments, 75% for medium-sized establishments, while large establishments bear the full fine amount.
Regarding serious violations, the draft law stipulates that the fine is determined based on several criteria, most notably the degree of environmental damage, the environmental significance of the affected site, the size of the impacted area, and the resulting economic and social consequences.
For minor violations, the penalty is determined based on the size and economic classification of the activity and the nature of the surrounding area.
The regulations obligate the violator to rectify the violation and repair the resulting environmental damage, in addition to paying the applicable compensation. The competent authority is also authorized to grant the violator a grace period to rectify the violation before imposing the penalty, provided the violator voluntarily discloses the violation.
The competent center has the right to issue a time-limited warning before imposing fines, while the penalty is doubled if the same violation is repeated within one year of the date of the final decision imposing the previous penalty.
Fishing violations and attacks on marine life
The regulations included an extensive list of violations related to illegal fishing or harming marine life. Hunting protected marine species was considered a serious offense, with fines starting at 5,000 riyals and potentially reaching the specific fine for each species listed in the marine species table.
Serious violations also included collecting, extracting, or harming endangered marine species, as well as collecting their products or derivatives. Fines for these offenses could reach 500,000 riyals, in addition to further fines for each unit extracted.
The regulations also imposed fines for fishing marine organisms without a license, ranging from 1,000 to 100,000 riyals. Collecting or extracting marine organisms without a license carries the same penalties.
Another violation was the failure to release endangered marine species back into the sea if they were caught accidentally. The fine for this offense could reach 10,000 riyals per species, with a maximum of 100,000 riyals.
The regulations impose fines for releasing marine organisms into the marine environment without obtaining a license, with penalties ranging from 2,000 riyals to 20,000 riyals per organism, up to a maximum of 100,000 riyals.
Violations of interaction with marine organisms and natural habitats
The regulations include penalties for unauthorized interaction with marine life. Interacting with marine organisms without a permit is punishable by fines of up to 100,000 riyals, while penalties can reach 50,000 riyals if a permitted interaction causes harm to marine life.
The regulations also impose strict fines for damaging or harming coral reefs or sponges, starting at 5,000 riyals and reaching the value specified for the organism in the fines schedule.
Removing or destroying marine habitats or collecting their eggs is a serious offense punishable by fines of up to 500,000 riyals, in addition to requiring the offender to repair the damage and pay compensation.
The regulations also impose substantial fines for releasing invasive species or animals into the marine environment, with penalties reaching 50,000 riyals per species and a maximum of one million riyals.
Maritime navigation violations and pollution
The regulations dedicate a significant portion of the penalties to violations related to maritime navigation and pollution. Fines
of up to one million riyals are imposed for non-compliance with environmental standards concerning anti-fouling systems on ships. Failure to adhere to a ship's ballast water management plan is also penalized with fines of up to one million riyals, while penalties reach two million riyals for failure to comply with necessary testing procedures before discharging ballast water from ships suspected of violating environmental requirements.
The regulations impose strict penalties for failing to report oil spills or leaks of hazardous materials, with fines potentially reaching one million riyals, and up to five million riyals for failing to take the necessary measures to contain the spills.
Discharging untreated wastewater or dumping waste into the marine environment is punishable by fines of up to 500,000 riyals, while penalties can reach 20 million riyals for disposing of hazardous waste in the marine or coastal environment.
Violations of maritime activities and licenses
The regulations impose hefty fines for engaging in marine activities without the necessary licenses, with fines reaching up to two million riyals for repeated offenses.
Failure to comply with environmental licensing and permit regulations is punishable by fines of up to 200,000 riyals, in addition to penalties of up to 20,000 riyals for obstructing competent authorities from carrying out their oversight duties.
Violations also include non-compliance with temporary suspension or restriction orders issued to protect wildlife, with fines reaching up to 500,000 riyals.
Huge fines for fishing for rare marine creatures
The draft regulations stipulate hefty fines for hunting rare and endangered marine creatures. The fine for hunting certain whale species reaches 500,000 riyals per animal, while the fine for hunting a sperm whale reaches 1.5 million riyals.
The fine for hunting a dugong or whale shark is one million riyals per animal, while fines for hunting various dolphin species reach 150,000 riyals.
For sharks, the regulations set fines ranging from 40,000 to 100,000 riyals depending on the species, while the fine for hunting a Napoleon wrasse is 25,000 riyals.
The regulations impose fines for hunting sea turtles ranging from 50,000 to 300,000 riyals per animal, according to its size and species.
The fines also include invertebrates such as sea cucumbers and pearl oysters, with penalties ranging from 1,000 to 3,000 riyals for some species, and reaching 50,000 riyals for others, such as the eye-catching oyster.
