Fisheries Law
Fishing Offenses & Infractions
Does this country's legislation require compliance with "international conservation and management measures" adopted by an RFMO in which it is a member?
Article 3
Translated text:d) The principle of cooperation in the management of shared resources, which implies the adoption of common measures for the management of shared resources and the harmonization and coordination of the systems for the management of these resources by the States concerned, with a view to their preservation and sustainable use.
In laws/regulations that use the term "serious offenses," what offenses fall into that category?
Article 63
Translated text:The following are very serious fishing offenses: a) The exercise of industrial fishing in waters under national jurisdiction without a fishing license or authorization issued under the terms of this decree-law and its regulations. b) Fishing in prohibited and reserved areas or during prohibited periods or for species whose catch is prohibited or with prohibited fishing gear; c) Fishing in prohibited or closed areas, temporarily or permanently, for specific reasons, namely public health, environmental protection, safety and maritime traffic or for other reasons of public interest. d) The use of a vessel for a fishing operation other than that provided for in the license it holds; e) The use of light sources, explosive materials or toxic substances referred to in Article 25 a) and b) of this Decree-Law for fishing, and their transport on fishing vessels without authorization. f) Transporting catches in waters under national jurisdiction without authorization; g) The throwing overboard of any objects or substances likely to harm the marine environment; h) Intentionally destroying or damaging vessels and fishing gear belonging to third parties; i) Failure to comply with the rules on the obligation to unload fish in favor of the State, in return for the granting of fishing licenses or as a supplement to the respective fees. j) Assaulting a fisheries inspector in the exercise of their duties to monitor compliance with the provisions of this statute and its regulations.
Article 64
Translated text:The following are serious fishing offenses: a) Fishing without having the original fishing license or authorization required on board; b) Fishing industrially in Guinea-Bissau's Exclusive Economic Zone without a fisheries observer on board; c) Using prohibited fishing techniques or methods; d) Obstructing the work of fisheries inspectors and observers in carrying out their duties of monitoring and observing compliance with the provisions of this Decree-Law and its regulations; e) The use or transport on board, in conditions that permit their use, of prohibited or unlicensed fishing gear or gear whose mesh sizes are smaller than the minimum authorized, or the attachment of devices or systems that may obstruct or reduce these mesh sizes or alter the selectivity of the gear; f) Falsifying, concealing, destroying or tampering with evidence of fishing offenses that may be used in the course of administrative or judicial proceedings; g) Providing false information, data and documents on the technical specifications of fishing vessels authorized to operate in waters under national jurisdiction, in particular on gross tonnage; h) Catching, holding, landing, storing, processing, transporting and offering for sale fishery products that do not comply with the rules on minimum authorized sizes or weights; i) Failure to comply with the rules on by-catches and their destination; j) Carrying out related fishing operations, involving the joint action of two or more vessels, in waters under national sovereignty and jurisdiction, without authorization; k) Failure to comply with the rules on the provision of data and information on catches, prescribed in Article 21(1)(c) of this statute and its regulations; l) Failure to comply with the obligation to provide information, provided for in Article 21(3) of this Decree-Law, or the intentional provision of false or incomplete information, data and documents; m) Failure to comply with the rules laid down in articles 27, 29 and 31 of this decree, relating to protected species, the marking of fishing vessels and the stowage of unauthorized fishing gear, respectively; n) Refusal by a fishing vessel in waters under the jurisdiction of Guinea-Bissau to stop on the orders of inspection agents, given under the terms of Article 46(1)(a) of this Decree-Law; o) Setting up and operating marine culture establishments and fisheries product processing establishments without being authorized and licensed, respectively, under the terms of the respective legislation; p) The use of fishing gear that is not duly signposted and identified, in accordance with the applicable provisions; q) Fishing with vessels whose propulsion power exceeds that legally established for the type of fishing for which they are licensed; r) Failure to comply with the provisions of Article 21(1)(c), regarding the provision of information and data on catches made and any other information useful for understanding catches and fishing operations carried out.
Observers
Does the law/regulation provide for observers and are there requirements for the nationality of observers?
Article 22
Translated text:- By order of the member of the Government responsible for the fisheries sector, a category of license or a specific fishing license may be subject to additional or specific conditions relating, in particular to: f) the embarkation and disembarkation of fisheries observers and on-board fisheries surveillance agents.
Article 64
Translated text:The following are serious fishing offenses: d) Obstructing the work of fisheries inspectors and observers in carrying out their duties of monitoring and observing compliance with the provisions of this Decree-Law and its regulations.
Transshipment
Does the law/regulation provide for transshipment?
Article 6
Translated text:- Fishing includes all prior activities directly aimed at catching fish, such as the detection of fish, the triggering or use of devices to attract aquatic biological resources and related fishing operations.
- For the purposes of the previous paragraph, fishing related activities shall mean: a) The transhipment of fish or fishery products, in waters under the jurisdiction of Guinea Bissau, to or from any vessel;
Vessel Ownership & Legal Responsibility
Who is given legal responsibility to comply with the legislation: "operator," "owner," "master," "person," "vessel" or other?
Article 62
Translated text:The shipowner, the owner or the legal representative of a fishing vessel involved in the commission of a fishing offense provided for in this Law and its regulations shall be jointly and severally liable with the offender for the payment of the fine or compensation to which the latter has been sentenced.
Vessel Registration & License Management
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 12
Translated text:- Without prejudice to the special provisions applicable to the registration of vessels with the competent national maritime authority, the government department responsible for the fisheries sector shall create and keep up to date a register of fishing vessels authorized to operate in waters under national jurisdiction, for information and control purposes.
- The registration of national fishing vessels in the register of the national maritime authority shall be a requirement and condition for obtaining a fishing license to operate in waters under national jurisdiction.
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
Article 17
Translated text:- Fishing in waters under national sovereignty and jurisdiction shall be subject to the prior obtaining of a fishing license, which shall be issued on a specific model and under the terms of this statute and its regulations.
- The exercise of subsistence fishing activity, defined under the terms of article 4(q) of this law, is not subject to obtaining a license, without prejudice to compliance with the rules on monitoring and preservation of aquatic biological resources.
- Fishing licenses are issued by the competent services of the Government department responsible for the fisheries sector, in favour of the respective owner or vessel operator, for a fishing vessel carrying out a type of fishery and for a specific period.
- No fishing vessel may be the beneficiary, at the same time, of more than one fishing license to operate in the waters under the jurisdiction of Guinea-Bissau, unless special regulations provide otherwise.
- The different categories of licenses and the corresponding types of fisheries, as well as the procedures for applying for, issuing, signing and the conditions for granting fishing licenses shall be defined in specific regulations
Article 18
Translated text:- The granting and renewal of fishing licenses shall be subject to the payment of fees and any other consideration, to be established as follows: a) By joint order of the members of the Government responsible for the fisheries and finance sectors, in the case of national fishing vessels or foreign fishing vessels under charter; b) By agreement with the vessel operators or their representatives, in the case of vessels operating within the framework of international fishing agreements.
- The fees referred to in the preceding paragraph shall be set according to the status and gross tonnage of the vessel, the type of fishing practiced and the duration of the license.
Article 19
Translated text:- Fishing licenses shall be granted for a period not exceeding one year from the date of issuance.
- The period referred to in the previous paragraph may not exceed 31 December of the year for which the licenses are granted, and they may be renewed for successive periods of equal or shorter duration.
Article 20
Translated text:- Fishing licenses are not transferable from one fishing vessel to another.
- In exceptional situations, duly and timely justified, and in accordance with the provisions of the Fishery Resources Management Plan, the conditions under which an industrial fishing license may be transferred from one vessel to another may be defined by regulation.
Article 21
Translated text:- The granting of a fishing license places the respective beneficiary under the obligation to comply with the requirements set out in this statute and its regulations, and the fishing vessel for which the license was issued must: a) Keep the original of the respective fishing license on board at all times and present it to the agents authorized to supervise fishing activities, whenever requested to do so; b) Keep navigation and catch logs on board at all times, in a regulated format, in which the vessel's entries and exits, fishing operations, including transhipment, and catches made, in total and by species, shall be recorded; c) Provide the Government department responsible for the fisheries sector with accurate and reliable information and data on catches made and any other useful information aimed at ensuring knowledge of catches and fishing operations made, within the time limits and under the conditions laid down; d) Display their identification details at all times and in accordance with the regulations; e) Comply with fishing regulations, in particular those relating to authorized fishing methods and equipment, and must not use any techniques that could endanger aquatic biological resources or the environment.
- Industrial fishing vessels are obliged to take on board fishing observers appointed by the relevant department of the government responsible for the fisheries sector, under the terms and conditions to be regulated.
- Foreign industrial fishing vessels authorized to operate in waters under national jurisdiction are obliged to undergo a technical inspection, to be carried out in a designated national port, and to communicate, by radio or other appropriate means of communication, to the competent department of the Government department responsible for the fisheries sector: a) The time of their entry into and exit from waters under the jurisdiction of Guinea-Bissau; b) Their position within those waters, as well as the quantity and composition of their catches, at such intervals as may be defined.
- Artisanal fishing vessels may be exempt from some of the obligations provided for in paragraph 1 of this article or subject to a specific regime for their fulfillment.
Article 22
Translated text:- Additional general and specific conditions for issuing fishing licenses shall be established by regulation.
- By order of the member of the Government responsible for the fisheries sector, a category of license or a specific fishing license may be subject to additional or specific conditions relating in particular to: a) The type and fishing method, as well as the minimum size of fishing nets and species; b) The area within which fishing or any other related activity may be carried out or prohibited; c) the species and quantities which may be caught, including any restrictions on by-catches; d) The periods during which vessels are authorized to fish; e) the prohibition of fishing during certain periods; f) The embarking and disembarking of fisheries observers and agents responsible for monitoring fishing activities on board.
Article 23
Translated text:- The member of the Government responsible for the fisheries sector may refuse to issue or renew an industrial fishing license in order to ensure proper management of resources or to implement the Fishery Resources Management Plan.
- Other conditions justifying the refusal to issue or renew fishing licenses for a certain category or categories of fishing vessels may be established by regulation.
- The decision to suspend or revoke a license shall always be substantiated and may be appealed, administratively or judicially, under the terms of the general law.
- If a fishing license is suspended or revoked under the provisions of paragraph 1 of this article, the beneficiary shall be entitled to restitution or compensation of the value of the license corresponding to the unused period of validity.
- The decision to suspend or revoke a license shall always be substantiated and may be appealed, administratively or judicially, under the terms of the general law.
Article 72
Translated text:d) Suspension or revocation of the fishing license or deprivation of the right to obtain or renew it, for a period to be determined by specific regulations.