Vessel Registration & License Management

Fisheries and Aquaculture Code

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 29

    Translated text:

    The Ministry responsible for Fisheries and Aquaculture shall keep a register in which all foreign vessels authorized to fish in waters under Malagasy jurisdiction shall be registered.

  • Article 33

    Translated text:

    The Ministry responsible for Fisheries and Aquaculture shall lay down the conditions for the creation and registration of national fishing vessels and their operation in the register, as well as the organization and operation of the fishing vessel register.

    Any modification to the main technical characteristics of a fishing vessel is subject to authorization by the Ministry responsible for Fisheries and Aquaculture and must be entered in the fishing vessel register.

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

  • Article 37

    Translated text:

    No vessel may be authorized to fish in maritime waters under Malagasy jurisdiction if it does not have a fishing license. The Ministry responsible for Fisheries and Aquaculture defines the terms and conditions for granting fishing licenses by regulation.

  • Article 38

    Translated text:

    The Ministry responsible for Fisheries and Aquaculture shall register a license fishing conditions, with a view to ensuring better management of fishery resources and preserve aquatic ecosystems, including: a) the type, quantity and manner of use of fishing gear and equipment; b) the periods or zones in which the vessel is authorized to fish; c) minimum sizes, weights of species and the quantity authorized to fish; d) restrictions on by-catches and discards; e) the embarkation of observers and scientists. The Ministry responsible for Fisheries and Aquaculture shall define the general conditions and additional conditions to which fishing licenses or certain categories of fishing licenses are subject.

  • Article 40

    Translated text:

    The Ministry responsible for Fisheries and Aquaculture shall refuse to grant or renew a license to a fishing vessel and/or support vessel in the following cases:

    • if the foreign vessel for which the licence is requested has in the past participated in unreported and unregulated illegal fishing operations or if the vessel appears on the list of IUU vessels maintained by one of the regional fisheries organizations of which Madagascar is a member, unless the vessel has changed ownership and the new owner can conclusively establish that the former owner no longer has any legal, financial or even de facto interest with the said vessel and does not exercise any control over it;
  • Articles 91

    Translated text:

    It shall be punishable by a fine of U$D 300,000 to U$D 700,000 and/or imprisonment from three (3) to six (6) months for industrial fishing and U$D 100,000 to U$D 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;

  • Article 92

    Translated text:

    It is punishable by a fine of 200 to 2,000 U$D and/or imprisonment of one (1) to three (3) months for small commercial fishing, any person who: (a) engages in fishing without a fisherman's license;

  • Article 93

    Translated text:

    Any person who: a) does not have the original license on board; k) does not follow the rules:

    • transfer of fishing license or permit;