Fishing Offenses & Infractions

Agreement No. MAP-SRP-2018-0176-A

Ministerial Agreement No. 196

Does the law/regulation contain any provisions prohibiting the targeting of marine mammals?

  • Full Text

    Summary:

    declares all whale species in Ecuadorian waters as protected by the State, designating these waters as their natural refuge and prohibiting any activities that endanger the lives of these marine mammals.

Organic Integral Penal Code

Does the law/regulation contain any provisions prohibiting the targeting of marine mammals?

  • Article 213

    Translated text:

    The following are considered serious fishing infractions in fishing activities:a) Carrying out fishing and related activities without having the respective fishing license; b) Failure to comply with the obligations established in the fishing authorizations or licenses; c) Failure to comply with the rules established in this Law, in its regulations, in executive decrees, in ministerial agreements and resolutions relating to the management and modality of fishing; d) Failure to comply with the rules that regulate fishing effort or fishing gear; e) Failure to comply with traceability protocols, crisis management, and obligations established by the ecuadorian fisheries governing body; f) Failure to comply with the obligations established in international treaties on fishing or in the rules of the Regional Fisheries Management Organizations when they violate measures for the conservation and management of fishing resources; and, g) Any conduct classified as minor offense in matters of fishing, committed by individuals or legal entities linked to stateless vessels or vessels identified by the ecuadorian fisheries governing body, Regional Fisheries Management Organizations or other organizations, for having engaged in illegal, unreported and unregulated fishing activities.

    In the control of fishing activity: a) Failure to keep on board the logbook or fishing log or not to install it if it is electronic as provided by the regulations; b) Failure to record in the logbook or fishing log the information and in the terms detailed by the regulations; c) Failure to comply with the obligation to deliver to the competent authorities the fishing logbook, landing declaration upon arrival at port and other information required by current regulations; d) Failure to request authorization from the competent authorities for transshipments; (e) Failure to notify in advance the arrival at port in the case of fishing vessels of other flags, or failure to comply with current regulations on port entry, landings or use of port services; (f) Failure to notify the landing of fish by national vessels in foreign ports; (g) Failure to send or deliver reports prepared by the observer, in accordance with national regulations or those of Regional Fisheries Management Organizations; (h) Failure to comply with current regulations on the prohibition of discards; (i) Carrying out transit during the closed season, without authorization from the governing body; (j) The modification of fishing vessels that increases storage capacity, when such increase has not been authorized; and, k) Failure to comply with the obligations, duties and provisions contained in the Agreement on port state measures, intended to prevent, discourage and eliminate illegal, unreported and unregulated fishing, which are not stipulated as very serious in this Law, is considered a serious violation.

    In processing and marketing: a) Delivering the fish to an Ecuadorian processing plant other than the one listed in the partnership contract, without prior authorization from the governing body; b) Delivering the fish to a foreign processing plant despite having entered into a partnership contract with an Ecuadorian processing company without prior authorization, except for the exceptions established in this Law; c) Processing or marketing fish that does not comply with health regulations; d) Carrying out economic activity without having the permits, registrations, authorizations and other documents issued by the different public institutions that regulate economic activity; e) Establishing or expanding production lines without the authorization of the governing body; and, f) Importing fishery products without authorization from the governing body.

    Regardin species:a) The possession, transshipment, landing, custody or storage, before their first sale, of fish species whose origin is not accredited in accordance with current regulations; b) The capture, possession, transshipment, landing, custody or storage, before their first sale, of fish species without the necessary authorisations or under conditions other than those established therein; c) The capture, before their first sale, of unauthorized fish species or those for which the total admissible catches or quotas have been exhausted; d) The capture, possession, transshipment, landing, custody or storage, before their first sale, of fish species of a size or weight smaller than that permitted or, where appropriate, when the permitted margins for certain species are exceeded; e) Non-compliance with the regulations on maximum permitted catch or landing limits; and, f) The vessel or captain that carries out fishing activities associated with dolphins, without having a dolphin mortality limit (DML) or that exceeds its limits.

    Regarding fishing gear or tackle: a) Failure to comply with the technical measures relating to its mode of use; b) Possession or use of prohibited, unauthorized or non-regulatory gear or tackle; c) Modifying fishing gear without authorization; d) Using devices that reduce the selectivity of gear or tackle; and, e) Intentionally carrying out fishing activities in interaction with a marine mammal, sea turtle or whale shark.

Organic Law for the Development of Aquaculture and Fisheries

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

  • Article 96

    Translated text:

    The management measures adopted by regional fisheries management organizations, of which Ecuador is a party, must be issued by ministerial agreement by the governing body of Ecuadorian fisheries.

  • Article 213

    Translated text:

    The following activities are classified as serious fishing infractions: In Fishing Activities: a) Engaging in fishing or related activities without the appropriate fishing permit; b) Failing to fulfill the obligations specified in fishing authorizations or permits; c) Violating the provisions of the Law, its regulations, executive decrees, agreements, or ministerial resolutions related to fisheries management and fishing practices; d) Disregarding regulations governing fishing effort or the setting of gear and equipment. e) Failing to adhere to established protocols for traceability, crisis management, and obligations mandated by the governing body. f) Violating obligations established in international fishing treaties or regulations of Regional Fisheries Management Organizations (RFMOs) when these infractions undermine the conservation and management of fishery resources; and, g) Any conduct categorized as a minor infraction in maritime fishing committed by individuals or legal entities associated with stateless vessels or vessels from foreign flags identified by the governing body, RFMOs, or other organizations, for engaging in Illegal, Unreported, and Unregulated (IUU) fishing activities.

    In Fishing Activity Control: a) Failing to carry on board the fishing log or diary, or not installing it if it is electronic, as stipulated by regulations. b) Not recording information in the fishing log or diary as detailed in the regulations. c) Failing to submit the fishing diary, landing declaration upon arrival at port, and other information required by current regulations to the competent authorities. d) Not obtaining authorization from the competent authorities for transshipments. e) Failing to notify authorities prior to the arrival of foreign-flagged fishing vessels at port, or not complying with current regulations regarding port entry, landings, or the use of port services. f) Not notifying the landing of catch from national vessels at foreign ports. g) Failing to send or submit reports prepared by observers, in accordance with national regulations or those of RFMOs. h) Violating existing regulations regarding the prohibition of discards. i) Transiting during closed seasons without authorization from the governing body. j) Modifying fishing vessels to increase storage capacity without prior authorization. k) Violating obligations, duties, and provisions contained in the Port State Measures Agreement aimed at preventing, deterring, and eliminating IUU fishing that are not classified as very serious infractions under this Law. In Processing and selling: a) Delivering catch to a different Ecuadorian processing plant than that specified in the association contract without prior authorization from the governing body. b) Delivering catch to a foreign processing plant despite having entered into an association contract with an Ecuadorian processing company without prior authorization, except for the exceptions established in this Law. c) Processing or selling fish that does not comply with health regulations. d) Conducting economic activities without the necessary permits, registrations, authorizations, and other documentation issued by relevant public institutions regulating the economic activity. e) Establishing or expanding production lines without authorization from the governing body. f) Importing fishery products without authorization from the governing body. In Species: a) Possessing, transshipping, landing, storing, or safeguarding fish species before their first sale, without verified legal provenance according to current regulations. b) Capturing, possessing, transshipping, landing, storing, or safeguarding fish species before their first sale without the necessary authorizations or under conditions different from those established in said authorizations. c) Capturing unauthorized fish species or those for which total allowable catches or quotas have been exhausted before their first sale. d) Capturing, possessing, transshipping, landing, storing, or safeguarding fish species below the permitted size or weight, or exceeding the permissible limits for certain species. e) Violating regulations regarding maximum allowable catches or landings. f) Vessels or captains engaging in fishing associated with dolphins without a dolphin mortality limit (DML) or exceeding established limits. In Fishing Gear and Equipment: a) Failing to comply with technical measures related to their use. b) Possessing or using prohibited, unauthorized, or non-regulatory fishing gear and equipment. c) Modifying fishing gear without authorization. d) Using devices that reduce the selectivity of gear and equipment. e) Intentionally engaging in fishing activities that interact with marine mammals, sea turtles, or whale sharks.

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

  • Article 213

    Translated text:

    The following are considered serious fishing infractions in fishing activities:a) Carrying out fishing and related activities without having the respective fishing license; b) Failure to comply with the obligations established in the fishing authorizations or licenses; c) Failure to comply with the rules established in this Law, in its regulations, in executive decrees, in ministerial agreements and resolutions relating to the management and modality of fishing; d) Failure to comply with the rules that regulate fishing effort or fishing gear; e) Failure to comply with traceability protocols, crisis management, and obligations established by the ecuadorian fisheries governing body; f) Failure to comply with the obligations established in international treaties on fishing or in the rules of the Regional Fisheries Management Organizations when they violate measures for the conservation and management of fishing resources; and, g) Any conduct classified as minor offense in matters of fishing, committed by individuals or legal entities linked to stateless vessels or vessels identified by the ecuadorian fisheries governing body, Regional Fisheries Management Organizations or other organizations, for having engaged in illegal, unreported and unregulated fishing activities.

    In the control of fishing activity: a) Failure to keep on board the logbook or fishing log or not to install it if it is electronic as provided by the regulations; b) Failure to record in the logbook or fishing log the information and in the terms detailed by the regulations; c) Failure to comply with the obligation to deliver to the competent authorities the fishing logbook, landing declaration upon arrival at port and other information required by current regulations; d) Failure to request authorization from the competent authorities for transshipments; (e) Failure to notify in advance the arrival at port in the case of fishing vessels of other flags, or failure to comply with current regulations on port entry, landings or use of port services; (f) Failure to notify the landing of fish by national vessels in foreign ports; (g) Failure to send or deliver reports prepared by the observer, in accordance with national regulations or those of Regional Fisheries Management Organizations; (h) Failure to comply with current regulations on the prohibition of discards; (i) Carrying out transit during the closed season, without authorization from the governing body; (j) The modification of fishing vessels that increases storage capacity, when such increase has not been authorized; and, k) Failure to comply with the obligations, duties and provisions contained in the Agreement on port state measures, intended to prevent, discourage and eliminate illegal, unreported and unregulated fishing, which are not stipulated as very serious in this Law, is considered a serious violation.

    In processing and marketing: a) Delivering the fish to an Ecuadorian processing plant other than the one listed in the partnership contract, without prior authorization from the governing body; b) Delivering the fish to a foreign processing plant despite having entered into a partnership contract with an Ecuadorian processing company without prior authorization, except for the exceptions established in this Law; c) Processing or marketing fish that does not comply with health regulations; d) Carrying out economic activity without having the permits, registrations, authorizations and other documents issued by the different public institutions that regulate economic activity; e) Establishing or expanding production lines without the authorization of the governing body; and, f) Importing fishery products without authorization from the governing body.

    Regardin species:a) The possession, transshipment, landing, custody or storage, before their first sale, of fish species whose origin is not accredited in accordance with current regulations; b) The capture, possession, transshipment, landing, custody or storage, before their first sale, of fish species without the necessary authorisations or under conditions other than those established therein; c) The capture, before their first sale, of unauthorized fish species or those for which the total admissible catches or quotas have been exhausted; d) The capture, possession, transshipment, landing, custody or storage, before their first sale, of fish species of a size or weight smaller than that permitted or, where appropriate, when the permitted margins for certain species are exceeded; e) Non-compliance with the regulations on maximum permitted catch or landing limits; and, f) The vessel or captain that carries out fishing activities associated with dolphins, without having a dolphin mortality limit (DML) or that exceeds its limits.

    Regarding fishing gear or tackle: a) Failure to comply with the technical measures relating to its mode of use; b) Possession or use of prohibited, unauthorized or non-regulatory gear or tackle; c) Modifying fishing gear without authorization; d) Using devices that reduce the selectivity of gear or tackle; and, e) Intentionally carrying out fishing activities in interaction with a marine mammal, sea turtle or whale shark.