Decree No. 1995/413/PM

  • Language: French
  • Year: 1995

Vessel Registration & License Management

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

  • Article 5

    Translated text:

    (1) The practice of industrial fishing is subject to obtaining a license issued by order of the Minister in charge of fisheries.

    (2) The application file for a fishing license is submitted, against a receipt, to the provincial head of the Administration in charge of fisheries and includes the following documents and information:

    • a stamped application in accordance with the current rate specifying the name, first name, address, and nationality of the boat owner;

    • a certified true copy of the approval document for the exploitation of fishery resources;

    • the name and definitive registration number or any other identification of the boat for which the license is sought;

    • the date of construction of the boat;

    • a receipt evidencing the payment of the tax related to the issuance of the approval;

    • the tonnage, power, length, capacity, speed, equipment, type, and quantity of fishing gear, as well as any other information that the Administration in charge of fisheries may require regarding the characteristics of the boat;

    • the designation of the fishery resources to be fished by the boat;

    • the composition of the crew;

    • a valid seaworthiness certificate issued by the Minister in charge of the merchant navy;

    • an extract from the criminal record dating back less than three (3) months in the name of the boat owner if the applicant is an individual;

    • a five-year recruitment and training program for marine fishermen if the applicant is a legal entity;

    • a declaration on stamped paper at the current rate certifying that the applicant:

      • will collaborate with the Administration in charge of fisheries for the control of proper fishery resource management. This control also extends to units going to sea, and the applicant agrees to accept a scientific observer on board at their expense;

      • will commit to landing all their catches before any possible export;

      • has acknowledged the regulations.

    (3) The issuance of a fishing license is subject to the actual establishment of onshore installations and the presentation of a receipt confirming the payment of the exploitation tax provided for in Article 121 (1) of the Law.

  • Article 6

    Translated text:

    (1) The fishing license is valid for one fiscal year. Its renewal is granted by decision of the Minister in charge of fisheries based on a file including:

    • a stamped application at the current rate;

    • copies of receipts justifying the payment of the exploitation tax at the time of the license issuance and the sanitary and veterinary inspection tax, as well as other duties and taxes provided for by legislation or regulation;

    • a certified true copy of the current valid license;

    • a certificate from the provincial head of the Administration in charge of fisheries stating that the applicant complies with current regulations;

    • a seaworthiness certificate issued by the Minister in charge of the merchant navy.

    (2) The renewal application for a fishing license must be submitted, against a receipt, two (2) months before its expiration. The Administration is required to make a decision within this period. If no response is given within this period, the renewal is deemed granted, subject to the payment of the exploitation tax provided for in Article 121 (1) of the Law.

    (3) The notification of the renewal act of a fishing license is subject to the production of a receipt justifying the payment of the exploitation tax provided for in Article 121 (1) of the Law.

  • Article 7

    Translated text:

    Any renewal application for a fishing license submitted by an operator already in activity can only be processed if the applicant:

    • has paid all due duties and taxes;

    • has strictly complied with the current legislation and regulations, as well as, where applicable, the recruitment and training program for marine fishermen.

  • Article 9

    Translated text:

    The practice of fishing in estuaries and nurseries is prohibited for industrial fishing vessels.