Fisheries Law
Does the law/regulation contain any provisions related to shark fishing and finning?
Article 87
Translated text:- Fishing, holding, transhipping, landing, storing, selling and offering part or all of the carapace of the following sharks shall be prohibited throughout national maritime waters: a) Whale shark (Rhincondon Typus): b) White shark (Carcharodon carcharias); c) Hammerhead shark (Sphirna Zygaena, Shirna Lewini, Sphirna mokarran); d) Basking shark (Cetorhinus maximus); e) White-tipped shark (Carcharhinus longimanus); f) Sardinian shark (Lamna nasus); or g) thresher shark (Alopias superciliosus).
- The prohibitions referred to in the previous paragraph shall apply to fishing on the high seas or in waters under the jurisdiction of third States by national fishing vessels.
Article 88
Translated text:- Without prejudice to the provisions of the previous article, the following shall be prohibited in national maritime waters: a) The capture of sharks for the sole purpose of utilising the fins; or b) The removal ("finning") of shark fins on board vessels, as well as keeping them on board, transhipping them or landing them.
- Without prejudice to the provisions of the previous paragraph and in order to facilitate storage on board, fins may be partially cut and folded with the carcass, but not removed from it before landing.
- The provisions of the previous paragraphs shall also apply to national fishing vessels when they carry out fishing activities on the high seas or in waters under the jurisdiction of third states.
Does the law/regulation contain any provisions related to abandoning or discarding gear, fish or fish product?
Article 120
Translated text:- The following are serious administrative offenses: a) Fishing in prohibited areas or temporarily under a closed regime; b) Fishing in national maritime waters outside the areas specifically authorized in the fishing license; c) Fishing at distances from the coast or other reference points or at depths other than those legally established; d) The sale or display for sale of fish or fishing products originating from any of the non-commercial fishing methods provided for in this Decree-Law; e) Violation of the provisions of this decree and of specific legislation on authorized transhipments; f) Incorrect or deficient completion of the fishing log, with the intention of misrepresenting the data or obscuring the information required; g) Violating the duty to make the reports required by law or making knowingly incorrect reports on catches of species subject to TACs and quotas when filling in on-board records; h) Violating the duty of fishing vessels to remain in harbor during the mandatory stop periods established by law; i) The use or keeping on board, in conditions that permit their use, of fishing gear whose mesh size is less than the established minimums or the attachment of devices or systems likely to obstruct or reduce such mesh sizes; j) The use or keeping on board of prohibited fishing gear, or the number, size or technical characteristics of which contravene the established rules; k) The use of fishing vessels outside the respective areas of operation established by law or in the respective fishing license; l) Disobeying the orders of duly identified inspection agents; m) Violating the provisions of this law and special legislation on the commercialization of marine species; n) Depositing or abandoning any fishing gear at sea, on beaches or on the coast; o) Violation of the obligation to unload catches at base ports or landing points, as stipulated in this decree-law.