Fisheries and Aquaculture Code
In laws/regulations that use the term "serious offenses," what offenses fall into that category?
Article 90
Translated text:The captain of a fishing vessel who: (a) Has carried out unauthorized fishing and transhipment operations in Malagasy maritime waters referred to in Article 3(a), without having been authorized to do so; (b) has fled to protect the inspection vessel. The infringements referred to in points a) and b) above shall result in the automatic seizure of the catches on board or the proceeds of their sale and the equipment used in the infringement committed. In addition, the court may order the confiscation of the vessel. In the event of a repeat offense, the confiscation of the vessel with which the offense was committed shall take place immediately in its own right.
Article 91
Translated text:It is punishable by a fine of $ 300,000 to $ 700,000 and/or imprisonment from three (3) to six (6) months for industrial fishing and $ 100,000 to $ 300,000 and/or imprisonment from one (1) to three (3) months for artisanal fishing, any person who: a) Engages in fishing without a license or authorization; b) Fishes for a species of aquatic organism subject to a special management system without a fishing right holder; c) Uses or possesses prohibited fishing gear or devices that alter the selectivity of fishing gear; d) uses prohibited fishing methods; (e) fishes in a prohibited area or during a closed season; (f) fishing, transhipping, landing, retaining, selling, buying, transporting, processing and processes species of fishery resources
- whose capture is prohibited;
- of a non-regulatory size or weight;
- during closed fishing periods; (g) falsifies, conceals or destroys evidence that could be used in an investigation for the purposes of legal proceedings; h) deliberately obstructs surveillance and control operations; i) does not follow the rules;
- quota management;
- concerning the import and export of species of fishery resources;
- governing remote communication: reports, movements of fishing vessels, data relating to fishery products held on board;
- relating to by-catches and discards;
- procedures governing the transhipment and unloading of fishery products; j) Interfere with the fishing vessel's tracking device installed on board a vessel; (k) falsify documents and information relating to the technical specifications of fishing vessels; (l) falsify or fail to record the data required in fishing logs, landing declarations, sales notes and transport documents, or withhold or fail to present the aforementioned documents; (m) modifies any technical characteristic of a national fishing vessel without prior authorization from the Ministry responsible for Fisheries and Aquaculture; (n) refuses to obey a stop order given by a fisheries inspector; (o) falsifies, removes or conceals the identification marks of the vessel and the fishing gear; p) does not comply with international conservation and management measures. The above infringements result in the automatic seizure of the catches found on board or the proceeds of their sale. In addition, the court may order the confiscation of the vessel. In the event of a repeat offense, the fishing gear and other means used are automatically confiscated. Penalties applicable to small commercial fisheries
Article 92
Translated text:A fine of 200 to 2,000 dollars and/or imprisonment of one (1) to three (3) months for small commercial fishing shall be punishable for any person who: (a) engages in fishing without a fisherman's license; b) fishes for a species of aquatic organism subject to a specific management system without a permit; c) uses or possesses prohibited fishing gear or devices that alter the selectivity of fishing gear; d) uses or possesses illegal fishing gear; e) using prohibited fishing methods; (f) fishing in a prohibited area or during a closed season; (g) fishes, trans-ships, lands, retains, sells, buys, transports and processes species of fishery resources
- whose capture is prohibited;
- of a non-regulatory size or weight;
- during closed fishing periods; (h) falsifies, conceals or destroys evidence that could be used in the context of an investigation for the purposes of legal proceedings; (i) deliberately obstructs surveillance and control operations; (j) refuses to obey a stop order given by a fisheries inspector; (k) does not respect the international conservation and management measures applicable to Madagascar.
Article 93
Translated text:It is punishable by a fine of US$ 50,000 to US$ 70,000 for industrial fishing and US$ 15,000 to US$ 40,000 for artisanal fisheries, any person who: a) does not have the original license on board; b) abandons fishing gear at sea; c) does not comply with the rules governing the remote communication of the movements and reports of fishing vessels, as well as data relating to fishery products kept on board; d) does not comply with the identification marks for vessels and fishing gear; e) does not present the mandatory technical documents relating to the fishing vessel; f) does not present or have a retention plan certified by one of the competent authorities designated by regulation; (g) does not have a regulatory pilot scale; (h) uses or possesses illegal fishing gear or uses prohibited fishing methods; (i) does not respect the conditions for embarking or disembarking observers; (j) deliberately obstructs observers in the performance of their duties; k) does not follow the rules:
- transfer of fishing license or permit;
- concerning the keeping of fishing logs;
- protecting fishing gear;
- storing catches on board fishing vessels.
Article 94
Translated text:Within the framework of the agreements concluded between the Malagasy State and the coastal State, any person who, in Madagascar or in the waters referred to in Article 3 paragraph, acts on his own account shall be punished by a fine of 350,000 to 500,000 dollars for initiating, or requesting or authorizing a person acting on his behalf to land, export, transport, sell, purchase or acquire fishery resources caught, possessed, transported or sold in violation of the legislation of another State or of an international conservation and management measure.