Fisheries and Aquaculture Law 2016

illegal fishing, any fishing activity: –carried out by national or foreign vessels in maritime waters under the jurisdiction of a State without the permission of that State or in violation of the laws and regulations in force. – carried out by vessels flying the flag of a state which is a contracting party to a relevant regional fisheries management organization, but which operate in violation of the conservation and management measures adopted by said organization and by which the said state is bound, or of the relevant provisions of international law; – carried out in violation of national laws or international obligations, including those entered into by states cooperating with a relevant regional fisheries management organization;

The State sustainably manages, in the interest of the national community and taking into account its commitments under international conventions, the biological and fishery resources of the waters under Ivorian jurisdiction, which constitute a national heritage.

To this end, the State promotes responsible fishing and adopts conservation and participatory management measures that ensure the sustainability of biological and fishery resources.

The institutional mechanisms for the participation of concerned stakeholders in the sustainable management of biological and fishery resources are established by regulation

It is prohibited:

• To use, in the practice of fishing, explosive materials, toxic substances, or baits that may weaken, stun, excite, or kill living aquatic resources or contaminate their habitat.
• To have on board fishing vessels or canoes the materials and substances mentioned in the previous paragraph.
• To practice fishing with light or pair trawling.
• To use any other means prohibited by this law and its implementing texts.

The following shall be punished with imprisonment from one to five years and a fine from 50,000,000 francs to 300,000,000 francs or one of these two penalties only:

• fishes in prohibited areas and during prohibited periods;
• violate the monitoring, control and surveillance measures prescribed by the competent authority, in particular measures related to satellite control systems;
• use all types of fishing gear, all means or devices which have the effect of making the opening of the net smaller than the minimum permitted opening or reducing the selective action of the fishing gear;
• using prohibited fishing equipment and methods, including prohibited fishing nets and nets whose mesh size does not comply with the permitted dimensions;
• Use a fishing vessel for a type of operation other than that for which it is authorized in the license category it does not hold;
• using explosives or toxic substances for fishing purposes, holding them or transporting them without authorization on board a fishing vessel;
• using submerged lights for fishing purposes;
• fishing with chalut bosuf;
• use any other means of fishing contrary to this law and its implementing texts;
• not complying with the rules on related fishing operations;
• making unauthorized transshipments of catches;
• carrying out clandestine landing of catches;
• violating the obligation to unload catches in Côte d'Ivoire ports;
• violate the declaration obligations, through failure to declare, incomplete declarations or misleading declarations;
• not complying with the rules on the processing and marketing of fishery products;
• not complying with the conditions of the fishing license;
• knowingly holding, buying or selling IUU fishing products;

In the event of a conviction, the judge will order the confiscation of the products and catches resulting from the offense.

In addition, the confiscation of the fishing gear used may be ordered.

In the cases provided for in point 6 of paragraph 1, explosives and substances shall be confiscated.

Attempts to commit the offenses provided for in this article shall be punishable.

Anyone who:

• catches, keeps, markets or sells species whose sizes or weights are below the prescribed standards;
• catch by retention aquatic species in violation of the prescribed provisions;
• violate the rules on by-catches and their destination;
• fails to comply with the obligation to report statistical data and information on catches contained in fishing logs and provides false or incomplete data or information;
• fails to comply with the rules on limiting catches of certain species, set at a maximum authorized catch;
• violate the provisions on reducing post-catch losses;

In the event of a conviction, the judge will order the confiscation of the products and catches resulting from the offense.

In addition, confiscation of the fishing gear used may be ordered.

The fishing, hunting, capture and detention of any species protected by the applicable international conventions is prohibited, except with special authorization from the Minister responsible for fisheries, for the purposes of scientific or technical research.

Fishing, hunting, capturing, and possessing all species protected under applicable international conventions are prohibited, except with special authorization from the Minister in charge of fisheries, for scientific or technical research purposes.

For the purposes of this law, we understand by:

• observer, any person on board a vessel and responsible for observing all activities related to catching, fishing gear, quality and conservation of fish products, transportation and recording in the logbook.

Transhipment of catches or fish products at sea is prohibited, except with the written authorization of the Minister responsible for fisheries. If authorization is granted, transhipment of catches or fishery products at sea shall be carried out under customs and veterinary supervision and in the presence of observers.

The intention to land or transship must be notified to the Ministry in charge of fisheries for review before the vessel enters port.

This notification must be accompanied by information regarding the vessel, the permits, the gear, and the fish products on board.

The detailed list of this information, the deadlines, and the mode of notification are established by regulation.

The following shall be punished with imprisonment from one to five years and a fine from 50,000,000 francs to 300,000,000 francs or one of these two penalties only:

• making unauthorized transshipments of catches;

In the event of a conviction, the judge will order the confiscation of the products and catches resulting from the offense.

In addition, the confiscation of the fishing gear used may be ordered.

In the cases provided for in point 6 of paragraph 1, explosives and substances shall be confiscated.

Attempts to commit the offenses provided for in this article shall be punishable.

Anyone who:

• fails to notify the landing or transhipment within the prescribed time limit.

Attempts to commit the infringements provided for in this article shall be punishable.

Any captain of an Ivorian vessel who fishes without authorization in waters under Ivorian jurisdiction shall be punished by imprisonment from one to five years or a fine from 200,000,000 francs to 1,000,000,000 francs.

On conviction, the judge may order the confiscation of the proceeds of the offense, the gear and the fishing vessel.

In addition, the sale of the products, gear and fishing vessel may be ordered.

Attempts to commit the offenses provided for in this article shall be punishable.

Any captain of an Ivorian vessel who fishes without authorization in waters under Ivorian jurisdiction shall be punished with imprisonment from one month to five years or a fine of 50,000,000 francs to 100,000,000 francs.

On conviction, the judge may order the confiscation of the proceeds of the offense, the gear and the fishing vessel.

Attempted offenses under this article are punishable.

The following shall be punished with imprisonment from one to five years and a fine from 50,000,000 francs to 300,000,000 francs or one of these two penalties only:

• fishing in prohibited areas and during prohibited periods;
• violate the monitoring, control and surveillance measures prescribed by the competent authority, in particular measures related to satellite control systems;
• use all types of fishing gear, all means or devices that have the effect of making the opening of the net less than the minimum authorized opening or reducing the selective action of the fishing gear;
• use prohibited fishing equipment and methods, including prohibited fishing nets and nets whose mesh size does not comply with the permitted dimensions;
• Using a fishing vessel for a type of operation other than that for which it is authorized in the license category it does not hold;
• using explosives or toxic substances for fishing purposes, holding them or transporting them without authorization on board a fishing vessel;
• using submerged lights for fishing purposes;
• fishing with chalut bosuf;
• use any other means of fishing contrary to this law and its implementing texts;
• failing to comply with the rules on related fishing operations;
• making unauthorized transshipments of catches;
• carrying out clandestine landing of catches;
• violating the obligation to unload catches in the ports of the State of Côte d'Ivoire;
• violate the declaration obligations, through failure to declare, incomplete declarations or misleading declarations;
• failing to comply with the rules on the processing and marketing of fishery products;
• not complying with the conditions of the fishing license;
• knowingly holding, buying or selling IUU fishery products;

In the event of a conviction, the judge will order the confiscation of the products and catches resulting from the offense.

In addition, the confiscation of the fishing gear used may be ordered.

In the cases provided for in point 6 of paragraph 1, explosives and substances shall be confiscated.

Attempting the offenses provided for in this article is punishable.

Any person who:

• catches, keeps, markets or sells species whose sizes or weights are below the prescribed standards;
• catches by retention of aquatic species in violation of the prescribed provisions;
• violating the rules on by-catches and their destination;
• fails to comply with the obligation to communicate statistical data and information on catches contained in fishing logs and provides false or incomplete data or information;
• fails to comply with the rules on the limitation of catches of certain species, set at a maximum authorized catch;
• violate the provisions on reducing post-catch losses;

In the event of a conviction, the judge will order the confiscation of the products and catches resulting from the infringement.

In addition, confiscation of the fishing gear used may be ordered.

Anyone who:

• makes false declarations on the technical specifications of logbooks, in particular those relating to the registered gross tonnage of fishing vessels intended to operate in the waters under the jurisdiction of Côte d'Ivoire;
• fails to comply with the obligation to report entries and exits, as well as the positions of fishing vessels and catches;
• violate the provisions on the marking of fishing vessels;
• violate the provisions on the safety of fishing gear;
• violating the rules on the import, export, construction, retransformation or modification of one of the fishing vessel's technical characteristics;
• fails to notify the landing or transhipment within the prescribed time limit.

Attempts to commit the infringements provided for in this article shall be punishable.

Artisanal fisheries shall be punishable by imprisonment for three months to one year and a fine of 500,000 francs to 5,000,000 francs or one of these two penalties, any person who:

• fishes without a license;
• violates the safety rules;
• fishes during prohibited periods;
• fishes in prohibited areas;
• violates the provisions on boat identification;
• violate the rules on the mesh size of nets;
• using explosives or toxic substances for fishing purposes or possessing or transporting them without authorization on board artisanal fishing canoes;
• catching without authorization, landing, marketing and selling species whose sizes or weights are not within the minimum authorized;
• capture or detain biological species whose capture is prohibited;
• destroying or concealing evidence of infringement of the rules prescribed by this law and the regulations drawn up for its application;

In the event of a conviction, the judge will order the confiscation of the products and catches obtained as a result of the crime.

In addition, confiscation of the fishing gear used may be ordered.

In the cases provided for in point 7 of this article, explosives or substances shall be confiscated.

Fishing vessels operating in waters under the jurisdiction of Côte d'Ivoire are either Côte d'Ivoire fishing vessels or foreign fishing vessels.

Ivorian fishing vessels are vessels naturalized in Côte d'Ivoire in accordance with the provisions of the Merchant Marine Code.

Foreign fishing vessels are fishing vessels other than Côte d'Ivoire vessels referred to in the previous paragraph.

The following are authorized by a joint order of the Minister in charge of maritime affairs and the Minister in charge of fisheries: –The importation, operation, construction, transformation, as well as the modification of any technical characteristics of a fishing vessel; –The chartering of foreign fishing vessels by Ivorian natural or legal persons for fishing operations in waters under Ivorian jurisdiction. –This authorization takes into account the provisions of fisheries conservation and management plans and the allowable catch levels.

Entry in the register of fishing vessels is a necessary condition for obtaining a fishing license for vessels flying the flag of Côte d'Ivoire.

Foreign fishing vessels may be authorized to operate in waters under the jurisdiction of Côte d'Ivoire, either under a fisheries agreement binding the State of Côte d'Ivoire to the State whose flag they fly, or when these vessels are chartered by natural or legal persons under the jurisdiction of Côte d'Ivoire.

The following shall be punished with imprisonment from one to five years and a fine from 50,000,000 francs to 300,000,000 francs or one of these two penalties only:

• fishes in prohibited areas and during prohibited periods;
• violate the monitoring, control and surveillance measures prescribed by the competent authority, in particular measures related to satellite control systems;
• use all types of fishing gear, all means or devices which have the effect of making the opening of the net smaller than the minimum permitted opening or reducing the selective action of the fishing gear;
• using prohibited fishing equipment and methods, including prohibited fishing nets and nets whose mesh size does not comply with the permitted dimensions;
• Use a fishing vessel for a type of operation other than that for which it is authorized in the license category it does not hold;
• using explosives or toxic substances for fishing purposes, holding them or transporting them without authorization on board a fishing vessel;
• using submerged lights for fishing purposes;
• fishing with chalut bosuf;
• use any other means of fishing contrary to this law and its implementing texts;
• not complying with the rules on related fishing operations;
• making unauthorized transshipments of catches;
• carrying out clandestine landing of catches;
• violating the obligation to unload catches in Côte d'Ivoire ports;
• violate the declaration obligations, through failure to declare, incomplete declarations or misleading declarations;
• not complying with the rules on the processing and marketing of fishery products;
• not complying with the conditions of the fishing license;
• knowingly holding, buying or selling IUU fishing products;

In the event of a conviction, the judge will order the confiscation of the products and catches resulting from the offense.

In addition, the confiscation of the fishing gear used may be ordered.

In the cases provided for in point 6 of paragraph 1, explosives and substances shall be confiscated.

Attempts to commit the offenses provided for in this article shall be punishable.

Artisanal fisheries shall be punishable by imprisonment for three months to one year and a fine of 500,000 francs to 5,000,000 francs or one of these two penalties, any person who:

• fishes without a license;
• violates the safety rules;
• fishes during prohibited periods;
• fishes in prohibited areas;
• violates the provisions on boat identification;
• violate the rules on the mesh size of nets;
• using explosives or toxic substances for fishing purposes or possessing or transporting them without authorization on board artisanal fishing canoes;
• catching without authorization, landing, marketing and selling species whose sizes or weights are not within the minimum authorized;
• capture or detain biological species whose capture is prohibited;
• destroying or concealing evidence of infringement of the rules prescribed by this law and the regulations drawn up for its application;

In the event of a conviction, the judge will order the confiscation of the products and catches obtained as a result of the crime.

In addition, confiscation of the fishing gear used may be ordered.

In the cases provided for in point 7 of this article, explosives or substances shall be confiscated.