Law 11.959/2009

For the purposes of this Law, the following are considered: IX - transshipment of the fishing product: phase of the fishing activity aimed at transferring the fish and its derivatives from a fishing vessel to another vessel; Sole Paragraph. The rules governing cabotage traffic and those relating to pilotage do not apply to Brazilian fishing vessels or foreign fishing vessels leased by a Brazilian company.

Transshipment of fishing products, provided it has been previously authorized, may be carried out under the terms of specific regulations. § Paragraph 1 - Transshipment will be permitted, regardless of authorization, in the event of an accident or mechanical defect that implies the risk of losing the fishery product or its derivative. § Paragraph 2 - The transshipment of fish in a port area to a transport vessel may be carried out with the authorization of the competent authority, under the conditions established therein.

fishing vessel owner: a natural or legal person who, registered and licensed by the competent authorities, provides, in their name or under their responsibility or under their responsibility, a vessel to be to be used in fishing activities, whether or not they or not operating on their behalf;

The administrative sanctions applicable to professional fishermen and fisherwomen, within the scope of this Ordinance, are: I - warning; II - suspension of the license; III - cancellation of the license.

A warning will be issued in the following cases: I - when the failure to maintain the Professional Fisherman's and Fisherwoman's License is verified. II - by reasoned decision of the Minister of State of the Ministry of Fisheries and Aquaculture in cases where there is an inconsistency between the documents presented and the data contained in the Pesq Brasil - RGP Fisherman and Professional Fisherwoman System. III - by motivated decision of the Federal Superintendent of the Federal Superintendence of Fisheries and Aquaculture of the Federation Unit where the Fisherman and Professional Fisherwoman reside, in cases where there is an inconsistency between the documents presented and the data contained in the Pesq Brasil System - RGP Fisherman and Professional Fisherwoman. Sole Paragraph. The interested party will have a period of up to 30 (thirty) calendar days from the date of notification to remedy the reason for the warning.

The Fisherman's and Professional Fisherwoman's License will be suspended in the following cases: I - by court decision; II - at the express and motivated request or recommendation of supervisory and control bodies; III - by motivated decision of the Minister of State of the Ministry of Fisheries and Aquaculture in the event of evidence of fraud characterizing art. 171 or art. 299 of the Brazilian Penal Code; IV - by reasoned decision of the Federal Superintendent of the Federal Superintendence of Fisheries and Aquaculture of the Federation Unit of residence of the Professional Fisherman or Fisherwoman in the event of evidence of fraud; V - when the reason for the warning has not been remedied within the period established in the sole paragraph of article 24. Sole Paragraph. The interested party will have up to 30 (thirty) calendar days to lodge an appeal against the administrative decision of suspension, counting from the date of notification.

The cancellation of the Professional Fisherman's and Fisherwoman's License will be applied in the following cases: I - by judicial decision; II - at the express and motivated request of supervisory and control bodies, after due legal administrative process; III - when it is proven that the fishing activity is not carried out for commercial purposes; IV - at the request of the interested party; V - in the event of the death of the person concerned; VI - when the reason for the suspension has not been remedied within the period established in the sole paragraph of article 25.

The competent authority may order the use of an on-board map and satellite tracking device, as well as any other device or procedure that enables remote monitoring and allows the geographic position and depth of the vessel's fishing location to be monitored automatically and in real time, under the terms of specific regulations.