Vessel Registration & License Management

Decree No. 2021-789 of December 8, 2021, relating to fishing licenses

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

  • Article 17

    Translated text:

    Any natural or legal person wishing to engage in industrial, artisanal or sport fishing activities in Côte d'Ivoire waters must send an application to the Minister responsible for fisheries.

    The list of documents to be provided by the fishing license applicant shall be laid down by order of the Minister responsible for fisheries.

  • Article 18

    Translated text:

    An application for a fishing license for a vessel flying a foreign flag shall only be admissible if it is chartered by a natural or legal person of Ivorian nationality approved as the owner of a fishing vessel.

    In the event of IUU fishing practices attributable to a vessel flying a foreign flag, the natural or legal person of Ivorian nationality and the owner of the vessel shall be jointly and severally liable.

  • Article 19

    Translated text:

    Applications for renewal of industrial, artisanal or sport fishing licenses shall be submitted to the Ministry of Fisheries and examined by the competent departments.

    If the Minister responsible for fisheries gives a favorable opinion, the competent department will issue an order for payment of the fee provided for in Article 15 of this decree.

    Once the applicant has paid the fee, the competent department submits a draft license for signature to the Minister responsible for fisheries, accompanied by:

    • the receipt for payment of the fee;
    • the navigation license issued by the Ministry responsible for Maritime Affairs.

    When the applicant practices sport fishing, the draft license for this activity is issued by the Minister responsible for sports.

    In the event of a decision by the Minister responsible for Fisheries to reject the application, the applicant will be notified in writing and may, within five working days, submit a reasoned complaint to the Minister responsible for Fisheries.

    In the event of a further rejection, the applicant may refer the matter to the competent court.

  • Article 20

    Translated text:

    The fishing license may be suspended for a period of three months when the holder commits one of the infractions provided for in articles 105 and 108.

    Any repeat offenses may result in the revocation of the fishing license.

  • Article 21

    Translated text:

    Except in cases of violation of the regulations in force provided for in the previous article, the fishing license may be suspended in the following cases: a) case of force majeure making it impossible for the license holder to exercise the right to fish; b) unforeseeable negative developments in the state of the stocks exploited; c) a serious threat to fishing resources.

    Under the terms of the suspension of the license by order of the Minister responsible for fisheries.

Fisheries and Aquaculture Law 2016

What is the applicable law/regulation for the registration of ships, and does the fisheries legislation have any relevant provisions for registration such as pre-approval?

  • Article 14

    Translated text:

    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.

  • Article 16

    Translated text:

    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.

  • Article 18

    Translated text:

    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.

  • Article 19

    Translated text:

    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.

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

  • Article 105

    Translated text:

    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.

  • Article 108

    Translated text:

    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.

Loi No 2017-442 du 30 Juin 2017 Portant Code Maritime

What qualifications does the law/regulation give for a vessel to qualify as a local vessel?

  • Article 69

    Translated text:

    To obtain Ivorization, any fishing vessel must:

    • Be at least one-third owned by Ivorian natural or legal persons.
    • Be manned by a crew composed of 100% Ivorian nationals for the officers and at least 75% Ivorian nationals for the other crew members.
    • Not have been built more than twenty years ago. This period begins from the day of the first registration.