Law No.6-A/04 on ABR
Does this country's legislation require compliance with "international conservation and management measures" adopted by an RFMO in which it is a member?
Article 87
Translated text:- In the case of shared aquatic resources and ecosystems, the Government shall ensure co-operation with other States, at bilateral and multilateral level, for the definition of protection areas.
- The State shall cooperate with international organizations, especially with regard to the protection of resources on the high seas.
In laws/regulations that use the term "serious offenses," what offenses fall into that category?
Articles 234
Translated text:- In addition to the offenses described in the previous article, the following constitute serious offenses under the terms of this law: a) Fishing in a prohibited or unauthorized season or zone; b) Fishing for species of lesser weight or size than those authorized; c) The use of fishing gear that does not correspond to the prescribed or authorized specifications, namely the use of prohibited fishing gear and the use of nets whose meshes are smaller than the minimum meshes authorized; d) The unauthorized transport of toxic products, explosives and means of electrocution fishing, as well as substances likely to weaken, stun, excite or kill aquatic biological resources; e) The unauthorized use, in the course of fishing, of the products, substances and means mentioned in the previous paragraph; f) Failure to provide data or the provision of false data, in particular on catches and fishing effort or on the position of the vessel, or the falsification of on-board records, in particular logbooks, fishing logs or other documents relating to catches; g) Fishing by a different type of fishing vessel or catching species other than those for which the respective rights were granted; h) Fleeing or attempting to flee, after being questioned by the enforcement agents in the course of their duties; i) Failure to comply with the conditions laid down in the fishing rights permit or fishing certificate; j) Fraudulently altering the data on the fishing license; k) Falsifying the fishing rights permit, any licenses or certificates provided for in this law and other applicable legislation; l) Not having the control device for the automatic position indication system on board the fishing vessel, which must be installed; m) Tampering with, altering or damaging or in any way interfering with communications or the operation of the vessel's automatic position indication system device; n) Failure to comply with the obligation to keep a fishing log on board the vessel, as well as any other document provided for in the legislation? o) Attempting to fish or fishing, collecting or harvesting corals and other species whose fishing is prohibited under the terms of this law and its regulations, by any means whatsoever and their possession, sale or display for sale; p) The elimination, destruction, simulation or alteration of evidence of the commission of a fishing offense; q) fishing in an area not authorized for the type of fishing vessel, the unauthorized transfer of quotas or fishing licenses, particularly from one shipowner to another; r) Failure to comply, in particular, with the obligations relating to the stowage and sealing of fishing gear and its collection in appropriate compartments; s) The supply of provisions or fuel to fishing vessels in Angolan waters without due authorization from the competent Ministry; t) Intentionally or negligently destroying or damaging fishing vessels or fishing gear belonging to other people; u) Aggression or obstruction with or without violence or the threat of violence against an inspection agent in the exercise of their duties; v) Fishing gear remaining in Angolan waters for more than 48 hours; w) Illegally performing the duties of an inspection agent or boat captain; x) Practicing or attempting to practice fishing without the insurance required by law; y) Catching aquatic resources in violation of the conditions of the concession certificate, fishing certificate relating to the quota or fishing effort limits; z) The introduction into the aquatic ecosystem of any substances that cause damage to aquatic biological resources.
- The following also constitute serious infringements, under the terms of this law: a) Fishing on the high seas by an Angolan-flagged fishing vessel without the authorization of the competent authority; b) Violation of international provisions and measures for the management and conservation of high seas resources, including those provided for in the applicable legislation; c) The carrying out of transfers and transhipments not authorized by the competent Minister.
Article 235
Translated text:- The serious infringements described in the previous article are punishable by a fine of a minimum equal to half the value of the annual fishing fee established for the type of fishing being carried out and a maximum equivalent to fifty, forty or thirty times this minimum, depending on whether it is industrial, semi-industrial or artisanal fishing, respectively.
- In the case of fishing for scientific research, including prospecting, recreational or sporting purposes, the minimum limit of the fine shall be that set out in the previous paragraph, but the maximum may not exceed ten times that minimum.