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(1) The Minister may on the advice of the Commission and, after consultation with the Minister responsible for the Environment, owners of the adjoining land and the relevant District Assembly, declare an area of the fishery waters and the seabed underlying the waters to be a marine reserve.

(2) A person who, except with the written permission of the Minister, within a marine reserve

(a) engages in fishing,

(b) dredges or takes sand or gravel, or

(c) otherwise disturbs the natural habitat, commits an offence and is liable on summary conviction to a fine of not less than $50,000 and not more than $2 million in respect of a local industrial or semi industrial fishing vessel or a foreign fishing vessel and not more than five hundred penalty units in any other case.