National Fisheries and Aquaculture Law 2019
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 1.4
(1) This Act. unless the contrary intention appears, applies to: d. all persons. and all vessels: 2. as required pursuant to this Act or international conservation and management measures, or permitted by international law or any international agreement;
Labor Rules, Offenses, & Infractions
Does the law/regulation require foreign vessels to employ national labor?
Article 10.5
- Where commercial employment is foreseen in relation to the activity for which the licence or authorization is sought, it shall be a condition of the licence or authorization that citizens of Liberia possessing the necessary qualifications and experience shall be given preference for employment, and such employment shall be in accordance with the national labour laws.
Observers
Does the law/regulation provide for observers and are there requirements for the nationality of observers?
Article 10.24
(3) Each authorization for research fishing shall be subject to the following conditions: a. that at least two Liberian scientist or observer be included at all times for the duration of the research at the expense of the person to whom the authorization is granted;
Article 11.17
l) An observer programme shall be established by the Director General for the purpose of collecting, recording and reporting reliable and accurate information for scientific, monitoring, management, and compliance purposes.
Article 11.18
(1) The Director General may appoint a person in writing to be an observer for the purposes of this Act, but shall not appoint as observer a crew member of the vessel being observed or any person directly or indirectly connected with the fishing vessel company being observed including as employee or contractor.
Transshipment
Does the law/regulation provide for transshipment?
Article 10.1
(3) In the case of a foreign fishing vessel, a valid and applicable written authorization issued under the authority of the flag State shall be required as a condition of issuance of a license or authorization under Subsection (l)(a) and (2)(c) for fishing in the Fisheries Waters and, for transshipment at sea in accordance with international conservation and management measures. National Fisheries and Aquaculture Law 2019 S10.17 Industrial fishing licenses issued for fishing or related activities shall be subject to the following conditions: d. the operator shall install, maintain and ensure continuous operation of an Automatic Identification System at full transmission power at all times while the fishing vessel is in the Fisheries Waters and in areas beyond national jurisdiction until it completes landing or transshipment of any fish caught in the Fisheries Waters;
Vessel Ownership & Legal Responsibility
Who is given legal responsibility to comply with the legislation: "operator," "owner," "master," "person," "vessel" or other?
Article 9.2
(2) For the purposes of this section, where a vessel is used in the commission of an offense, the owner, operator, master and charterer shall each be deemed to have committed the offense.
Vessel Registration & License Management
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
Article 10.3
(1) The Director General may, taking into account the recommendations of a Licensing Committee established pursuant to this Act, approve the grant, renewal, suspension and revocation of licenses and authorisations for any. purpose specified in Section 10.1 or which may be prescribed in accordance with this Act or required under any applicable Fisheries Management Plan or international agreement.
Article 10.11
(1) The Director General may, by written notice to the license holder or that person's agent, suspend or cancel any license, authorization or accreditation issued pursuant to this Act for any of the following reasons: a. there has been a contravention of the license, authorization or terms of accreditation, this Act, or an applicable international agreement and/or national or international conservation and management measures in respect of which the license or authorization was given, b. there has been a failure to maintain or comply with the eligibility criteria for the licence, authorization or accreditation, or there has been any material change or change in circumstances affecting eligibility to meet such criteria for any reason c. the license holder has furnished information which is untrue, incomplete or misleading in connection with the t application, in contravention of Section 8.1; d. a license or authorization has been transferred without the written approval of the Director General; e. it is necessary to do so to implement conservation and management measures under this Act, in accordance with its objective and principles; or f. such other reasons as may be prescribed in Liberian Law or the Regulations.
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 10.4
(1) In approving or renewing licenses and authorizations pursuant to this Act, and in setting the level of any performance bond required under Section 5.4, the Director General and a Licensing Committee established pursuant to this Act shall take into account the extent to which the relevant vessel, including its operator or other relevant person, as appropriate, has: c. complied with all applicable vessel registration requirements; f. complied with the requirements of the Maritime Law, Title 21 Liberian Codes Revised
Vessel Tracking
Does the law/regulation require or exempt fishing vessels to keep VMS turned on, or is there no provision?
Article 11.27
The Director General shall establish and operate vessel monitoring systems for purposes of monitoring, control and surveillance, and managing the operations of fishing vessels under this Act The operator of any industrial fishing vessel, as a condition of license, shall install, maintain and operate a VMS transponder in accordance with such conditions as prescribed or required. by the Director General. The mobile transceiver unit (MTU) or other device or equipment shall be an integral component of a vessel monitoring system at all times while the fishing vessel is in the Fisheries Waters or, in respect of a Liberian fishing vessel. in areas beyond national jurisdiction or such other area as may be prescribed or agreed in an international agreement or international conservation .and management measures.