Law 94-01
Fishing Offenses & Infractions
In laws/regulations that use the term "serious offenses," what offenses fall into that category?
Article 154
Translated text:The perpetrator of one of the following offenses shall be punished with a fine of 5,000 to 50,000 CFA francs and imprisonment for 10 (ten) days or one of these penalties only:
- carrying out activities that do not comply with the restrictions prescribed in Article 6 on the right to ownership of a forest or an aquaculture establishment;
- violation of the legislation and regulations in force on the right of use provided for in articles 8, 26 and 36 above;
- the unauthorized import or export of genetic material for personal use;
- causing a fire in a nationally-owned forest, as provided for in article 14 above;
- unauthorized movement within a national forest, as provided for in article 26 above;
- exploitation by means of a personal logging permit in a national domain forest for lucrative use, or beyond the term or quantity granted, in violation of the provisions of Article 55(1), without prejudice to the damages and interest on the timber exploited provided for in the above article;
- the transfer or assignment of a personal logging permit, in violation of Articles 42 (2) and 60 above;
- possession of a hunting instrument within a prohibited hunting area;
- provoking animals during a visit to a wildlife reserve or zoo;
- violation of the fishing provisions set out in articles 121, 122, 131, 132 and 139 of this law;
- fishing without authorization in state or municipal aquaculture establishments.
Article 155
Translated text:The perpetrator of one of the following offenses shall be punished by a fine of 50,000 to 200,000 CFA francs and imprisonment for twenty (20) days to two (2) months or one of these penalties only:
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the violation of rules relating to the exploitation of special forest products provided for in Article 9 (2) above;
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the unauthorized import or export of genetic material for profit, as provided for in Article 13 above;
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the exploitation under license, in a national forest, of unauthorized forest products or beyond the limits of the allocated volume and/or period granted, in violation of Article 56 above, without prejudice to damages and interest on the exploited timber, provided for in Article 159 below;
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the transfer or assignment of an operating license, in violation of Articles 42(2) and 60 above;
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the violation of Article 42 above by a beneficiary of an exploitation permit who obstructs the exploitation of products not mentioned in his exploitation permit;
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the unauthorized cutting down of protected trees, in violation of Article 43 above, without prejudice to damage to the timber harvested, as provided for in Article 159 above;
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failure to provide proof of self-defense within the time limits laid down in Article 83(2);
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violation of the hunting provisions set out in Articles 87, 90, 91, 93, 98, 99, 100, 101 and 103 above;
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hunting without a license or permit, or exceeding the kill limit;
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violation of the fishing provisions of Articles 116, 117, 125, 127 f), g), h), i), l), 129, 130, 134 and 137 of this Law.
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Article 156
Translated text:The perpetrator of one of the following offenses shall be punished with a fine of 200,000 to 1,000,000 CFA francs and imprisonment for one (1) month to six (6) months or one of these penalties only:
- clearing land or starting a fire in a national forest, protected area or ecologically fragile area, in violation of articles 14, 16, (1) and (3), and 17 (2) above;
- the allocation, for purposes other than forestry, of a forest belonging to a private individual, in violation of Article 39 (2) above;
- the execution of a development inventory or exploitation that does not meet the standards set by the administration responsible for forests, in violation of Article 40 (1) above;
- the unauthorized exploitation of nationally or community owned forest, in violation of Articles 52, 53 and 54, without prejudice to damages and interest on exploited timber, as provided for in Article 159 below;
- exploitation by cutting for sale in the forest of national domain beyond the limits of the delimited cutting base and/or the period granted, in disagreement with article 45 below;
- the violation of defined standards for the processing or marketing of forest products provided for in article 72 above;
- failure to delimit the felling areas provided for in the demarcation of timber licenses and current felling areas;
- the fraudulent use, counterfeiting or destruction of marks, forest markers, landmarks or posts used by forestry, wildlife and fisheries administrations, as the case may be;
- violation of the provisions on hunting weapons laid down in Articles 106, 107 and 108 of the Penal Code;
- violation of the fishing provisions set out in articles 118 and 127 b), c), d) and k) of this law.
Article 157
Translated text:The perpetrator of one of the following offenses shall be punished with a fine of 1,000,000 to 3,000,000 CFA francs and imprisonment for six (6) months to one (1) year or one of these penalties only:
- the exploitation by sale of cut, in national forest, beyond the limits of the delimited cutting base and/or the volume and term granted, in violation of the provisions of paragraph 1 of Article 45 above, without prejudice to damages and interest on the timber exploited, as provided for in Article 158 below;
- fraudulent harvesting by a subcontractor under a subcontracting agreement carried out in a national forest, in violation of Article 51(2) above, without prejudice to damages and interest on the timber harvested, as provided for in Article 158 below;
- violation of the fishing provisions set out in Article 127 (a), (j) and (m) of this law.
Article 158
Translated text:shall be punishable by a fine of 3,000,000 to 10,000,000 CFA francs and imprisonment for one (1) year to three (3) years or one of these penalties only for the perpetrator of one of the following crimes:
- unauthorized exploitation of national or municipal forest, in violation of the provisions of paragraph 1 of article 45 and paragraph 2 of article 46 above, without prejudice to the damage caused to the wood exploited, as provided for in article 159 below;
- exploitation beyond the limits of the forest concession and/or the volume and term granted, in violation of the provisions of paragraph 4 of articles 47 and 45 above, without prejudice to damages and interest levied on the wood exploited, as provided for in article 159 below;
- the production of false supporting documents relating in particular to technical and financial capacities, place of residence, nationality and the provision of security, in breach of Article 41(2), 50 and 59 above;
- the acquisition of a stake in or creation of a timber company that results in the total area held exceeding 200,000 hectares, in violation of Article 49 (2) above;
- the transfer of timber sales or forestry concessions without authorization, as well as the assignment of such titles, in violation of Articles 42 (2), 47 (5) and 60 above;
- the subcontracting of forestry titles, taking a position in a company benefiting from a timber title, without the prior consent of the Administration responsible for forests, in violation of Article 42 above;
- Falsification or fraud in any document issued by the administrations responsible for forests, fauna and fisheries, as the case may be;
- the killing or capture of protected animals, either during closed hunting seasons or in areas prohibited or closed for hunting.
Vessel Registration & License Management
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
Article 118
Translated text:fishing licenses for the carrying out of industrial fishing within the waters under the jurisdiction of Cameroon may be issued only to natural persons residents in Cameroon or to companies whose head office is located in Cameroon and whose capital structure is known by the fisheries administration.