Code des pêches

Anyone who fishes using explosives or substances that are poisonous or harmful to the life of fish, or has them on board, is liable to a fine not exceeding 200,000 FD.

Anyone who uses prohibited fishing gear or fishes in prohibited areas or at prohibited times will be punished with a fine not exceeding 100,000 FD.

Anyone who uses non-regulatory fishing gear will be punished with the fine provided for by the Penal Code for 5th class contraventions, namely a fine not exceeding 50,000 FD. Art.39.- Anyone who knowingly sold or purchased products from fishing carried out in violation of the requirements of this Code will be punished with a fine not exceeding 200,000 FD.

In the waters under Djiboutian jurisdiction of the Republic of Djibouti, commercial fishing is reserved for vessels registered in Djibouti and Djiboutian nationals, and only artisanal fishing is authorized. Djiboutian vessels fishing in waters under the jurisdiction of a foreign State shall do so in accordance with the fishing regulations in force in the foreign State. Djiboutian vessels fishing on the high seas shall do so in accordance with the rules of international law in force.

Three categories of artisanal fishing are authorized in Djiboutian waters;

• improved artisanal fishing practiced by vessels over 9 meters in length (Category A).
• small-scale artisanal fishing practiced on vessels of 9 meters in length or less (Category B).
• traditional fishing carried out on foot or on board of floating devices exempt from registration (Category C).

Section 1 - Record of infringements and processing of official reports The agents authorized to draw up reports and responsible for ensuring compliance with the provisions of this Code are:

• Official agents of the Directorate of Fisheries,
• Veterinary agents of Food Control Services including,
• Agents of the Tourism Office,
• District Chiefs or their representatives,
• Officials of the Department of Maritime Affairs,
• Djibouti's International Autonomous Port Officers,
• Judicial police officers, -Officers and agents of the National Guard,
• Officers and agents of the Naval Force,
• Officials of the Environmental Directorate They may exercise their control on vessels and ships and on land in all places and on all vehicles used for the conservation and marketing of fishery products.

Article 22: In the event of an infringement of fishing regulations, the Authorized Agents, after presenting an authentic document justifying their situation, shall draw up a report indicating

• the nature of the infraction, the place and date of the infraction, the position, name and address of the person responsible for the infraction and the address of the administration to which it relates, the name, position and address of the perpetrator, the license plate number of the vehicle or vessel involved in the infraction. The reports, which are valid until proven otherwise, shall be submitted to the Director, who shall forward them to the Attorney General under the conditions laid down in Article 27.

A) Residents of the Republic of Djibouti Article 23 - In the case of a violation of this Code by a person regularly domiciled in the Republic of Djibouti, the Director shall propose as a transaction the payment of a lump sum of which he shall fix the amount which may not exceed the amount of the fine borne by the offender, i.e. the withdrawal of the fishing license for a maximum period of 3 months. The amount of the operation is paid into the National Treasury pending the creation of a Fisheries Development Fund, the constitution of which will be the subject of a specific Decree. Article 24 - In the event of a repeat offense within two years from the date of the notice, settlement is not possible under the conditions laid down in the Penal Code. There is also no settlement for offenses relating to fishing with prohibited substances or gear, provided for in articles 32 and 33 of this Code. The Director will then proceed to seize these substances and the fishing product and, in the event of a repeat offense, to seize the vessel used for the infraction. Article 25 - For infringements of articles 36, 38 and 39, paragraph 2, 40 and 41, the draft transaction must first be approved by the Public Prosecutor's Office. This magistrate will issue his opinion within 15 days after receiving the Director's proposal. In the absence of a response within this period, the Director will proceed with the settlement. There is also no settlement for infringements of fishing with prohibited substances or gear provided for in articles 32 and 33 of this Code. The Director then orders their seizure, as well as the seizure of the fishing product and, in the event of a repeat offense, the seizure of the vessel used in the infraction. Article 26 - The execution of the settlement extinguishes the public criminal action. However, the offense remains on record for one year at the Fisheries Directorate. Article 27 - When the offense cannot be resolved, the official report is sent to the Public Prosecutor's Office. The official report is sent to the Public Prosecutor's Office when the offender does not comply with the settlement proposal or if, after accepting it, the offender evades its implementation.

B) Non-residents of the Republic of Djibouti Article 28 - Persons not domiciled in the Republic of Djibouti who commit offenses against the Republic of Djibouti provided for in this Code shall be required to pay a deposit, the amount of which may not exceed half the maximum amount of the fine imposed. The ticket agent shall give the offender a document containing the information provided for in Article 22 of this Code, the amount of the security deposit and the place where it must be paid. The security deposit shall be lodged with the Registrar General of the Djibouti Court. Article 29 - The vessel used to commit the offense shall be immediately seized, together with the fishing gear and the fish product. The seizure of the vessel and fishing gear, when these are not prohibited, shall be lifted after payment of the deposit upon presentation of the payment receipt to the Directorate of Fisheries. Article 30 - The deposit guarantees payment of legal costs and fines. It is returned in the event of dismissal or acquittal. In the event of a final conviction, it shall be used in accordance with the provisions of paragraph 1 of this article, and shall be deductible from the fine incurred.

Section 2 - Fisheries police infringements Article 31 - Any infringement of the provisions on fishing licenses shall be punishable by a fine not exceeding 100,000 FD. Article 32 - Anyone who has fished with poisonous explosives or substances harmful to fish life, or who has them on board, is liable to a fine not exceeding 200,000 FD. In the event of a repeat offense, the fine may be increased to 400,000 FD and will also be subject to imprisonment for up to 3 months. Ships and boats used in the offense shall be seized and the court may order their sale for the benefit of the Fisheries Development Fund or, failing that, the State. Article 33 - Anyone using prohibited fishing gear or fishing in prohibited zones or periods shall be punished by a fine not exceeding 100,000 FD. The Court may order their destruction. Article 34 - Anyone who uses fishing gear that does not comply with the regulations shall be punished by the fine provided for in the Penal Code for 5th class offenses, i.e. a fine not exceeding 50,000 FD. The Court may order their destruction. Article 35 - Anyone who catches fish that is not of the legal minimum size or weight shall be punished by a fine not exceeding 5,000 FD per kilogram of illegal fish. Article 36 - A fine not exceeding 200,000 FD will be imposed on anyone who infringes the regulations on fishing for reef species, molluscs or marine plants. Article 37 - Anyone who infringes the regulations on the sale and healthiness of fishery products shall be punished by a fine not exceeding 100,000 FD. Article 38 - Anyone who attempts to market protected marine species without authorization shall be punished by a fine not exceeding 400,000 FD. Article 39 - Anyone who knowingly sells or buys the products of fishing carried out in violation of the provisions of this Code shall be punished by a fine not exceeding 200,000 FD. The same penalty shall apply to anyone who opposes the controls of authorized agents. Article 40 - Anyone who erects a marine culture installation without authorization shall be punished with a fine not exceeding 500,000 FD and ordered by the Court to restore the maritime public domain. The court will set the deadline for this restoration, as well as the amount of the fine per day of delay to be paid by the convicted party. The fine shall be assessed by the Public Prosecutor's Office and collected in accordance with the provisions of articles 581 and 592 of the Code of Criminal Procedure. Article 41 - Any owner and/or captain of a foreign fishing vessel who has fished in Djibouti waters without authorization shall be punished by a fine not exceeding 4,000,000 FD. Article 42 Repeated infringements of the provisions of this section shall be punished in accordance with the provisions of the Penal Code. Article 43 - Fish seized in cases of fraud shall be distributed to hospitals and charitable organizations by the Fisheries Service.

Section 3 - Private fisheries disputes Article 44 - In the event of a fishing dispute between two private individuals, a Conciliation Committee shall be set up. The Committee shall be composed of:

• The Director or his representative, as Chairman;
• The fishermen's representative, as secretary;
• The representative of the Commissioner of the Republic of the district concerned, as a member;
• The Director of Maritime Affairs or his representative ;
• The Commander of the Naval Forces or his representative. The parties to the dispute shall be present or represented. Article 45 - The Director requests the Commissioner of the competent territory to convene a meeting within 15 days. The parties shall be summoned by the Commissioner of the Republic. During the meeting, the parties are heard and the Committee tries to reach a consensual solution. If no consensus can be reached, the Committee decides the dispute by simple majority. All the Committee's decisions are recorded in a register kept by the Fisheries Directorate. The Committee's decision does not prevent the parties from taking the dispute to court.

Fishing without a license is not permitted. Annual licenses are issued by the Minister, after payment of a fee set by Ordinance.

A distinction is made between the professional fishing license (categories A, B and C), the special professional license and the sport fishing license.

It is determined what is necessary:

• the zones in which fishing is authorized,
• the opening and closing times for fishing,
• authorized fishing gear and methods,
• limits on the quantities fished,
• limits on the number of fishermen per fishing activity.

The catching of immature animals is prohibited, as long as the minimum market size or weight is set.

Baits intended to intoxicate fish, poisonous substances, explosives, firearms and underwater crossbows are prohibited for use in all Djibouti waters.