Law No.6-A/04 on ABR
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
Article 1
Translated text:(9) "Shipowner" means any natural or legal person who carries on business, operates their own fishing vessels or those of third parties as a time charterer or bareboat charterer, with or without an option to purchase, or as a lessee, or who, in their own interest, rigs the vessel. (14) "Captain" means the crew member (registered seaman) of the class of officers listed on the license plate with responsibility for the vessel.
Articles 32
Translated text:Article 32 (Priority in the granting of fishing rights)
- Natural or legal persons, national or foreign, who meet the requirements set out in this law and the legislation that regulates it may hold fishing rights.
- Commercial fishing rights shall only be granted to natural or legal persons of good repute and with the technical capacity for the type of fishing they intend to carry out and who meet other requirements laid down in this law and in regulations approved by the Council of Ministers.
- Artisanal fishing rights shall only be granted to Angolan persons.
Article 34
Translated text:Article 34 (Preference for holders of land-based facilities) Without prejudice to the provisions of the previous articles, preference in the granting of commercial fishing rights shall be given to applicants who can prove that they have processing, transformation and wholesale distribution establishments on land.
Article 35
Translated text:Article 35 (Content of fishing rights) Fishing rights shall comprise: a) The right to engage in fishing activities, including the catching of species, subspecies or groups of species, in the quantities, times and zones provided for in the concession title; b) The right to be allocated a fishing quota in the event that total allowable catches are or will be defined; c) The right of ownership and the right to market the resources caught under the concession, including permitted by-catches.
Article 37
Translated text:(Obligations of Fishing Rights Holders) a) comply with the legislation in force, in particular legislation on aquatic biological resources, preservation of the aquatic environment, fishing activities, hygiene and health conditions to be observed in the transportation, storage and processing of fish and on working conditions and qualifications required of the staff they employ, as well as the obligations contained in the concession title; b) make the periodic payment of the fishing fee that is due for fishing rights, under the terms defined in this law and its regulations; c) to comply with the legislation on fishing vessels, as well as the obligations arising from navigation and fishing rules, in particular the obligations relating to navigability and fishing certificates, vessel marking, hygiene and safety at work and hygiene and sanitary conditions for unloading, handling and preserving fish on the vessel; d) provide the information required by law or in the concession title, within the time limits established and in the manner prescribed;
Article 40
Translated text:Article 40 (Constitution of fishing rights)
- Except as provided for in Articles 42 and 43, fishing rights shall be constituted by an act of concession from the competent Minister.
- The competent Ministry shall, if this is the result of planning measures, promote public tenders for the granting of commercial fishing rights.
- The provisions of the previous paragraph are without prejudice to individual applications by natural or legal persons for the granting of fishing rights.
Article 41
Translated text:Article 41 (Refusal to Concession of Fishing Rights)
- The competent Minister may reject a request for the granting of fishing rights in the following cases: a) When the fisheries management plans show that it is impossible or inappropriate to fish for the species or their quantities or in the zones or with the gear indicated by the applicant, especially if the application refers to rare species, endangered species or species in danger of becoming unsustainable or if fishing has proven to have negative environmental impacts, in particular adverse effects on human health, biological diversity or ecological balance; b) If the applicant does not meet the legal requirements.
- The application for the granting of rights for continental fishing may also be rejected, in addition to the provisions of the previous paragraph, if the applicant does not hold a license or concession for the private use of water resources for fishing purposes, under the terms of the water legislation in force.
Article 45
Translated text:Article 45 (Alteration of Concession Conditions) Concession acts may be altered: a) By agreement between the grantor and the concessionaire, at the request of one of them, in particular on the grounds of altered circumstances affecting the economic and financial balance of the concession; b) By agreement between the grantor and the concessionaire in the event that planning measures lead to a change in the fishing regime from effort limits to quotas and vice versa, as well as in the cases provided for in articles 24 and 29; (c) unilaterally by the grantor when new scientific knowledge or data relating to fisheries management so require, taking into account the principles of prevention and precaution, in particular in the situations provided for in Article 47(1)(a) and (b).
Article 46
Translated text:Article 46 (Extinction of fishing rights) Fishing rights shall be extinguished by: a) Expiry; b) Renunciation of the right; c) Revocation of the concession act.
Article 47
Translated text:Article 47 (Revocation of the Concession of Fishing Rights)
- In addition to those provided for in Decree-Law no. 16A/95, of December 15, the following are grounds for revoking the act of granting fishing rights:
a) Proven danger of extinction or sustainable non-renewal of the species to which the rights refer or in the areas provided for in the granting act;
b) Proven serious danger to human health or the environment from fishing, including that resulting from pollution.
c) In the event of force majeure lasting more than six months;
d) The agreement between the grantor and the concessionaire; e) Failure to exercise fishing rights for a period of more than six months, unless the period is extended, in cases of force majeure, by the competent Minister at the request of the holder of fishing rights; f) Violation of this law or related legislation or failure to comply with the conditions set out in the concession act; g) Abuse of rights. - In the cases provided for in subparagraphs a), b) and c) of the previous paragraph, the grantor and the concessionaire shall negotiate the amendment of the concession conditions under the terms of article 45 and only if this is not possible shall the concession act be revoked.
- In the event of revocation on the grounds set out in points a), b) and c) of paragraph 1 of this article and if it is not possible to change the conditions of the concession, a new concession shall be granted for other species or their quantities, zones or gear, if this is possible in terms of fisheries planning.
- In the event that, for reasons of fisheries planning, it is not possible to comply with the provisions of the previous paragraph, the holder of the extinguished fishing rights shall have priority in the allocation of fishing rights when the planning measures so allow and/or the granting of incentives for the conversion of their activities.
- In addition to those provided for in Decree-Law no. 16A/95, of December 15, the following are grounds for revoking the act of granting fishing rights:
a) Proven danger of extinction or sustainable non-renewal of the species to which the rights refer or in the areas provided for in the granting act;
b) Proven serious danger to human health or the environment from fishing, including that resulting from pollution.
c) In the event of force majeure lasting more than six months;
Article 180
Translated text:- The licenses provided for in this chapter shall be extinguished by expiry, renunciation or revocation.
- Renunciation occurs when the licensee declares in writing that he no longer wishes to carry out the activities in question.
- The license may be revoked by the competent authority in the following cases: a) If the licensee fails to comply with the rules on installations and activities laid down in this law, its regulations and other applicable legislation, in particular the rules on safety, hygiene, health and pollution; b) If it is found that the license holder has made false declarations or presented false documents to obtain the license; c) If the premises are not used unjustifiably for more than six months; d) If the licensee unjustifiably fails to carry out the activity provided for in the license for a period of more than six months.
Article 182
Translated text:Holders of the licenses provided for in this Chapter have the following obligations: a) maintain the facilities in accordance with the technical specifications and other applicable standards; b) comply with the applicable standards, especially hygiene and health standards, when unloading, handling, storing, transporting, processing and packaging fish and fishery products; c) carry out the modifications required by legislation that alters the rules on the technical specifications of facilities or processes for handling, processing, storing and transporting fish or fishery products; d) be subject to inspection under the terms of this law and its regulations.
Article 228
Translated text:The captain of the fishing vessel has the obligation to cooperate with inspection agents in the exercise of its functions and in particular: a) Facilitate access on board by duly identified inspection agents; b) obey the orders of the Fisheries Inspectors in the performance of their duties, in particular those to stop, suspend activity and go to the ports or areas assigned to them; c) provide the Fisheries Observer with food, accommodation and medical assistance at a level equivalent to that provided to the officers of the fishing vessel's crew; d) not assign the fishing observer any task or role, except in cases of force majeure or shipwreck; e) facilitate access for inspection agents to all areas, instruments, samples and information relevant to the performance of their duties; f) comply with the provisions of the fishing license, this law and applicable regulations; g) if necessary, facilitate the safe transfer of inspection agents from one vessel to another.
Articles 145-156
Translated text:Article 145 (Obligations of the captain) 1.The captain of a commercial fishing vessel is obliged to keep the following documents on board, in addition to those required by maritime legislation: a) the logbook; b) the monthly information book; c) the vessel's fishing certificate, as well as the seaworthiness certificate and an authenticated copy of the fishing rights concession certificate. 2. Owners or owners of fishing vessels must keep continuous monitoring equipment on board, under the terms defined by regulation. 3. The captain of the fishing vessel must promptly inform the competent authorities of the dates of entry into and exit from ports and fishing zones. 4. In the event that the use of continuous monitoring equipment is not required for the type of vessel they operate, the captain of the fishing vessel must inform the authorities of their positions, under the terms to be defined in the regulation. 5. The captain of the fishing vessel must promptly notify the competent authorities of any infringements of this law and its regulations that he or she notices while fishing.
Article 146 (Obligations relating to Catches)
- Holders of fishing rights must land their fish in Angolan ports, unless the concession title expressly provides otherwise.
- Once the fish has been landed, the holder of the fishing rights or whoever represents them must hand over to the competent authorities a list of the fish landed, indicating the species and their quantities, as well as any by-catches, within the time limits to be established by regulation. 3.The provisions of the previous paragraph shall apply to the transhipment of catches at sea.
- The holder of fishing rights is also obliged to provide the competent Ministry with any other information that may be required by regulation.
Does the law/regulation require license denial where a vessel has violated fisheries laws in areas beyond national jurisdiction, for example where the vessel is on, or associates with another vessel on an RFMO IUU Vessel list or for other reasons?
Article 119
Translated text:- When assessing the application for a fishing license on the high seas, the competent Minister shall take into account, in particular, international conventions, as well as recommendations or measures proposed by international, global, regional and sub-regional organizations on the conservation and management of biological resources on the high seas.
- The application shall be rejected if the international instruments referred to in the previous paragraph advise or prescribe the prohibition or suspension of fishing for the species, in the zones or with the gear or methods indicated in the application.
What is the applicable law/regulation for the registration of ships, and does the fisheries legislation have any relevant provisions for registration such as pre-approval?
Article 144
Translated text:- The State, through the competent Ministry, must collect the necessary information for fisheries planning and related activities, through: b) the organization and permanent updating of the records of holders of fishing rights and fishing vessels;
Article 157
Translated text:- Fishing vessels may only operate in Angolan waters if they have obtained a navigability certificate, registration certificate and ownership certificate, as well as a fisheries license.
- The provisions of the previous paragraph are without prejudice to the requirement of other certificates for a vessel to be authorized to sail, namely those required by international conventions.
- The competent Minister and the Minister who oversees port activity may, by joint executive decree, determine exceptions to the provisions of the preceding paragraphs for small vessels used for subsistence and recreational fishing purposes.
Article 162
Translated text:The fisheries license shall contain in particular a) the vessel's name or registration number, in Angola or in the flag State, as the case may be; b) the flag of the vessel; c) the identity, nationality and domicile of the owner or owners and the vessel's operator, where applicable; d) the port of registration and the base port, as well as the registration number; e) the gross registered tonnage; f) the type of construction material; g) the category of vessel and the fishing method; h) the power of the engine or engines; i) the capacity of the hold, in cubic meters; j) the date of construction; k) the international call sign of the International Telecommunications Union, as well as the registration number of the International Maritime Satellite Telecommunications Organization, if applicable; l) the number of the vessel's insurance policy; m) the number of crew members and their professional qualifications; n) the identity and professional certification of the captain of the vessel.
What offenses exist in the law/regulation for which license suspension, revocation or cancellation is a mandatory consequence upon conviction for committing the offense?
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.
Article 238
Translated text:- May, depending on the damage or danger or famage to aquatic biological resources and the cricumstances of the infraction committed, be applied, as accessory measures to the fine: e) the revocation of the fishing licence or its suspension for a period of one to six months, to the owners or vessel owners; f) the revocation of the concession or suspension of fishing rights, for a period of six months to one year, to the respective holders;