Fishing Offenses & Infractions

Fisheries Law

Legislative Decree No. 2/2020 approving the general regime regulating fishing activities in national maritime waters and in the high seas

Does this country's legislation require compliance with "international conservation and management measures" adopted by an RFMO in which it is a member?

  • Article 47

    Translated text:

    The application for an authorization to fish on the high seas shall be rejected whenever there is proof or strong evidence that the fishing vessel or its owner is involved in activities that violate the conservation and management measures applicable to fishing on the high seas.

In laws/regulations that use the term "serious offenses," what offenses fall into that category?

  • Article 119

    Translated text:
    1. The following are very serious offenses: a) Fishing in national maritime waters by national or foreign vessels without a fishing licence, which includes fishing by a fishing vessel that has not obtained a fishing licence from the competent national authorities, fishing on the basis of a fishing licence that has expired, or fishing with a fishing licence that has been suspended or revoked; b) Catching fishery resources in excess of the limits set in the fishing license or catching marine species not authorized in the fishing license; c) Keeping on board, transhipping, landing, transporting,storing, exporting or selling fish, crustaceans and molluscs for which fishing has been prohibited; d) Fishing for corals; e) Fishing for algae or any plant species without a licence; f) Falsifying, deleting or concealing the fishing vessel's identification marks; g) Fishing with falsified documents or documents whose contents have been falsified; h) The absence on board the fishing vessel of the fishing log or other compulsory records, as well as updated plans and descriptions of the holds or when these records are intentionally not filled in correctly or not made available for verification by the inspection agents; i) Fishing without the proper VMS equipment, or when such equipment is non-operational or switched off; j) Carrying out transhipment operations without authorization from the competent national authorities; k) The absence of authorization from the competent authorities for other related fishing operations; l) The use or keeping on board the fishing vessel of fishing gear that is prohibited or not permitted in the fishing license; m) Fishing in reserved maritime areas; n) Fishing by a foreign fishing vessel in areas reserved for national fishing vessels; o) Failure to comply with the obligation to transmit CME data or changes thereto concerning the identification of the fishing vessel, its most recent geographical position, with a margin of error of less than five hundred meters and a confidence interval of 99%, the date and time expressed in universal time, and its speed and course; p) Violation of data transmission conditions and frequencies, which must not exceed 12 hours apart; q) Obstructing the work of observers and fisheries inspection agents in the performance of their duties or using violence against their physical integrity; r) Fishing by national fishing vessels in maritime areas under the jurisdiction of third states, without a fishing license, or on the high seas without the appropriate authorization; s) The commercialization for consumption of bait caught by fishing vessels licensed or not for this purpose. t) The use of firearms, explosive, poisonous or toxicsubstances, instruments or means of electric discharges or light sources as fishing gear, the keeping on board fishing vessels or their transport, as well as the practice of fishing called "Crosse"; u) The throwing overboard of any objects or substanceslikely to significantly and adversely harm the marine environment; v) The capture, commercialization, purchase or sale of prohibited species, in closed season or below the minimum sizes permitted by law, by natural or legal persons, including restaurants, supermarkets, hotels or other similar establishments; x) Bribery or attempted bribery of fisheries inspectors.