Vessel Registration & License Management

Fisheries Act

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

  • Article 47

    (1) A local industrial or semi-industrial fishing vessel is a fishing vessel (a) owned or controlled by a citizen, the Government, or owned or controlled by a company or partnership registered by law in the Republic which has its principal place of business in the Republic and the share of which is beneficially owned wholly by the Government, a citizen, a public corporation established by law in the Republic or a combination of any of them, and in the case of a tuna fishing vessel, where at least fifty percent of the shares in the vessel is beneficially owned or controlled by the persons specified in paragraph (a), and registered in the Republic.

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

  • Article 76

    (2) The Council may refuse to recommend the issue or renewal of a fishing licence, or may recommend the suspension or cancellation of a fishing licence or authorisation where it is satisfied that: (m) the applicant or operator of the vessel for which a licence is sought has a documented history of non-compliance with fisheries laws or regulations and is believed unlikely to comply with those laws, or regulations if a licence is issued.

What offenses exist in the law/regulation for which license suspension, revocation or cancellation is a mandatory consequence upon conviction for committing the offense?

  • Article 76

    (2) The Council may refuse to recommend the issue or renewal of a fishing licence, or recommend the suspension or cancellation of a fishing licence or authorisation where it is satisfied that (a) information required to be given or reported under this Act and the applic-able access arrangement is false, incomplete, incorrect or misleading; (b) it is necessary to do so in order to give effect to a licensing programme specified in an approved fisheries plan; (c) the owner or charterer of the vessel is the subject of proceedings under the bankruptcy laws of a jurisdiction or on reasonable grounds appears unable to meet the financial obligations which could arise from fishing activities, and has not provided financial assurances required by the Commission; (d) the vessel in respect of which the licence was issued has been used in contravention of this Act or in breach of a regulation or direction made or given under this Act or a condition of the licence or, in the case of a foreign fishing vessel, in breach of an applicable access arrangement; (e) the fishing vessel does not meet the safety standards required under an enactment for the purpose for the time being in force; (j) the fishing vessel does not bear the prescribed markings; (g) the gear to be used on the fishing vessel does not meet the requirements of the prescribed mesh sizes; (h) the fishing vessel is manned by a crew that is not qualified under an existing enactment for the purpose; (i) the vessel is not seaworthy; (j) the fishing vessel is not covered by a valid policy of insurance which covers injury to third parties; (k) the owner, operator or master of the fishing vessel has failed to submit the catch returns or landing reports or to maintain logbooks as required under this Act or the Regulations; (f) the owner, operator or master of the fishing vessel engages in an activity prejudicial to the fishing industry; (m) the applicant or operator of the vessel for which a licence is sought has a documented history of non-compliance with fisheries laws or regulations and is believed unlikely to comply with those laws, or regulations if a licence is issued; or (n) the vessel for which the licence is sought is not equipped with a working transponder for satellite monitoring where applicable

Ghana Maritime Act, 2002, Act 630

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 13

    (1) The President shall appoint a registrar of ships in accordance with article 195 of the Constitution. (2) The registrar is responsible for the registration of ships, fishing vessels and any other navigation vessels that are prescribed by law and shall perform the functions conferred on the registrar under the Ghana Shipping Act, 2003 (Act 645) and any other enactment.

Ghana, Fisheries (Amendment) Act, Act 880

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

  • Article 88A

    1. The principal enactment is amended by the insertion after section 88 of a new section 88A "Illegal, Unreported and Unregulated fishing 88A. (1) For the purpose of this Act, a fishing vessel is presumed to be engaged in Illegal, Unreported and Unregulated fishing if it is shown that, contrary to the conservation and management measures applicable in the fishing area concerned (n) the fishing vessel engaged in a fishing activity with another fishing vessel which is on the Illegal, Unreported and Unregulated list or register of a regional fishing management organisation; or (o) the owner, operator, charterer or master of the fishing vessel conducted business directly connected with Illegal, Unreported and Unregulated fishing including trading in or the importation of fishery products.

L.I. 2217 24M

What offenses exist in the law/regulation for which license suspension, revocation or cancellation is a mandatory consequence upon conviction for committing the offense?

  • 24M

    24M. The Commission shall not grant an application for an Authorisation to Fish, where (a) the Commission has reason to believe that the fishing vessel has engaged in Illegal, Unreported and Unregulated fishing or is on the Illegal, Unreported and Unregulating fishing list maintained by a regional fisheries management organisation; (b) it has been established that the fishing vessel has been involved in (i) Illegal, Unreported and Unregulated fishing in the fishery waters of another State, or (ii) violation of an international conservation and management measure until a time that all outstanding sanctions imposed under Ghanaian law or any other law in respect of the violation have been complied with; (c) the Commission determines that the responsibilities of the Republic can not be exercised effectively under applicable international conservation and management measures in respect of the fishing vessel; or (d) a fishing vessel was previously authorised to be used for fishing by a foreign State and (i) the foreign State has suspended the Authorisation to Fish because the fishing vessel undermind the effectiveness of international conservation and management measures and the suspension has not expired; or (ii) a foreign State has, within the last three years preceding the application for an Authorisation to Fish under these Regulations, withdrawn the Authorisation because the fishing vessel undermined the effectiveness of international conservation and management measures.