Vessel Registration & License Management

DECREE NO. 8.425, OF 31 MARCH 2015

What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?

  • Article 10

    Translated text:

    Failure to provide proof of fishing activity or failure to comply with the obligations defined in an act of the Ministry of Fisheries and Aquaculture may result in the cancellation of the fishing activity authorization, permit or license. It is subject if the vessel carries out fishing activity outside the area established in the fishing license.

Law 11.959/2009

What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?

  • Article 23

    Translated text:

    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.

  • Article 24

    Translated text:

    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.

  • Article 25

    Translated text:

    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.

  • Article 26

    Translated text:

    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.

  • Article 32

    Translated text:

    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.

MPA DECREE NO. 177

What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?

  • Article 2

    Translated text:

    Owners or lessees of fishing vessels whose fishing authorizations have been extended pursuant to Art. 1 to operate in Brazilian jurisdictional waters and international waters are obliged, where applicable, to comply with the following conditions: I - adherence to the National Programme for Tracking Fishing Vessels by Satellite (PREPS) and regular submission of the vessel's geographical coordinates, in accordance with the respective regulations; II - Certification of Good Standing with the Federal Technical Register (CTF); and III - regular submission of the Log Map, in accordance with the respective regulations.

SEAP/PR Normative Instruction no. 03, of 12 May 2004

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?

  • Full Text

    Summary:

    Any individual or legal entity that carries out fishing activities, as well as fishing vessels, must first be registered with the General Fishing Activity Registry (Registro Geral da Atividade Pesqueira - RGP). The owner, lessee or shipowner of a fishing vessel must apply to the Ministry of Fisheries and Aquaculture for a Prior Fishing Permit* when they intend to build, import, convert, transform, acquire or register a fishing vessel.