Code des Pêches Maritimes 2015

It is expressly prohibited, except with special authorisation from the Minister responsible for fisheries, to a) use, in the exercise of fishing, explosive materials or toxic substances likely to weaken, stun, excite or kill fish or to pollute the marine environment; b) hold on board fishing vessels materials and substances mentioned in the preceding paragraph.

Constituting serious fishing offenses: a) the exercise of fishing activity by Mauritanian fishing vessels without concession or license (b) the use of a fishing vessel for a type of operation different from that for which it is authorized within the framework of the category of license or the authorization he holds (c) fishing in prohibited areas or with fishing gear or prohibited technique (d) The retention on board the transport or use of explosives or other toxic or unauthorized substances, or any means or devices having the effect of reducing the selective action of fishing gear (e) the capture, detention, processing, landing, sale and release marketing of species whose sizes or weights are less than the authorized minimum (f) exceeding authorized quotas or bycatch rate (g) infringements of the rules relating to fishing related operations h) false declarations of technical specifications of vessels peach there is a lack of communication of inputs and outputs as well as the positions and catches infringements of the provisions of article 39 above unauthorized abandonment at sea of nets or fishing gear, except for technical or security reasons the failure to board the quota of Mauritanian sailors refusal to comply with an order given by control agents refusal to communicate information on catches or to make mention of catches in fishing logs, and the provision intentional false or incomplete data (o) the destruction or concealment of markings or other devices identification of fishing vessels

The following are prohibited at all times and in all places, except with special authorization from the Minister responsible for fisheries and for scientific or technical research purposes: a) fishing, capturing and keeping all species of marine mammals; b) fishing, capturing and keeping sea turtles; c) hunting, capturing and keeping all species of sea birds; d) fishing, capturing or keeping aquatic animals subject to a specific restriction provided for by the texts in force. The marketing of the species referred to in the above paragraphs is prohibited.

For the application of the provisions of this Law, decrees taken in Council of Ministers on the report of the Minister responsible for fisheries and, where appropriate, of the other ministers concerned, will be adopted, as necessary. These decrees will relate in particular to: 11) Regulation of fish aggregating devices

The Minister responsible for fisheries shall take, in accordance with the conventions and other applicable international instruments, all necessary measures to prevent, counteract and eliminate illegal, unreported and unregulated fishing (IUU fishing).

Constituting very serious fishing offenses: (a) Fishing in waters under Mauritanian jurisdiction without holding a fishing right and the fishing licence relating thereto; (b) false declarations of catches; (c) failure to comply with the obligation to land fishery products in Mauritania, illegal transhipments of catches under any circumstances whatsoever and the use of departures in careening for fishing purposes; (d) sale; the purchase, transport, peddling of biological species intended for breeding without prior authorization from the Minister responsible for Fisheries; (e) the import, export, construction, transformation or modification of one of the technical characteristics of the fishing vessel without prior authorization from the Minister responsible for Fisheries; (f) fishing during fishing closure periods; (g) the intentional destruction or damage of fishing vessels, nets or tracking beacons for vessels, nets or fishing gear belonging to third parties; (h) the untimely interruption of position communication or the use of processes interfering with the normal operation of the beacon; (i) the commissioning of a fishing establishment without authorization; (j) the placing on the market of a product without a health certificate.

Constituting serious fishing offenses: (a) the exercise of fishing activity by Mauritanian fishing vessels without a concession or licence; (b) the use of a fishing vessel for a type of operation different from that for which it is authorised under the category of licence or authorisation it holds; (c) fishing in prohibited areas or with prohibited fishing engines or techniques; (d) the possession on board the transport or the use of explosives or other toxic or unauthorised substances, or of any means or devices having the effect of reducing the selective action of fishing engines; (e) the capture, possession, processing, landing, sale and marketing of species whose sizes or weights are below the authorised minima; (f) the exceeding of authorised quotas or the rate of incidental prices; (g) infringements of the rules relating to related fishing operations; (h) false declarations of the technical specifications of fishing vessels; (i) failure to report entries and exits as well as positions and catches; (j) breaches of the provisions of Article 39 above; (k) abandoning fishing nets or gear at sea without authorisation, except for technical or safety reasons; (1) failure to embark the quota of Mauritanian sailors; (m) refusing to comply with an order given by control officers; (n) refusing to report information on catches or to mention catches in fishing logs, and intentionally providing false or incomplete data; (o) destroying or concealing the markings or other identification devices of fishing vessels;

Constituting serious fishing offenses: (k) abandoning fishing nets or gear at sea without authorisation, except for technical or safety reasons;

Subject to the provisions of article 41, fishing vessels authorized to operate in waters under Mauritanian jurisdiction are required to land their products and catch in the ports of Mauritania. Landing means the actual bringing ashore of all fished products for storage, treatment or processing and export. All marine animals or parts of marine animals including their eggs and milks, but excluding aquatic mammals, frogs and aquatic animals that are subject to special conservation regulations, are considered fishery products within the meaning of the Fisheries Act and regulations made thereunder.

Exemptions from the obligation to land products provided for in articles 33 and 40 above may be granted to fishing vessels operating under foreign regulations, for technical, economic or general policy reasons. In this case, they are obliged to transship their catches in the harbor under the supervision of the competent State departments. The amount of fees, payments or other benefits received by the State in respect of the activity of each foreign vessel exempted from the landing obligation will include, in addition to the amount of fees, payments or other benefits required of each similar vessel required to land catches in Mauritania, a compensatory amount for the non-landing of catches. However, no exemption from the provisions of article 40 may be granted to cephalopod vessels or to vessels intended for the capture of species for which the fisheries management and development plan excludes any exemption. In order to ensure effective compliance with the obligation to land products or catches in Mauritania, the procedures for monitoring and controlling tides and careening operations of fishing vessels are defined by order of the Minister responsible for fisheries.

A decree taken in the Council of Ministers on the report of the Minister responsible for fisheries designates the Mauritanian port(s) authorized to receive foreign fishing vessels on call.

The designated ports must, as far as possible, allow the controls provided for by the provisions of international conventions relating to the control of vessels by the port State.

Foreign fishing vessels are only authorized to access port services and to carry out landing or transhipment operations in the ports thus designated.

The list of said ports is communicated by appropriate means to the international or regional organizations concerned.

Except in the cases referred to in Articles 89 and 90 below, the penalties provided for in this Law shall apply to the captain or skipper of a fishing vessel, the concessionaire or shipowner/operator being jointly and severally liable for the payment of fines. Concessionaires and operators of fishing, processing, transformation or transport establishments for fishery products shall be jointly and severally liable for the payment of fines imposed on their employees or successors in title.

Any seagoing vessel, including boats and pirogues, subject to the Merchant Marine Code and fitted with equipment and installations designed for fishing as defined in article 4 above, is considered a fishing vessel within the meaning of the legislation on fishing and its implementing regulations.

Fishing vessels operating in waters under Mauritanian jurisdiction are either Mauritanian or foreign fishing vessels.

Mauritanian fishing vessels are those registered and naturalized in Mauritania in accordance with the provisions of the Merchant Marine Code.

Foreign fishing vessels are fishing vessels that are not Mauritanian fishing vessels within the meaning of the preceding paragraph.

The Minister responsible for fisheries may suspend or withdraw a concession of use rights or a fishing license, if he finds that a fishing vessel has been used in the commission of an offense against the fisheries legislation and its implementing regulations, or the conditions to which fishing licenses or authorizations are subject. In addition to a fine of five hundred thousand (500,000) ouguiya to ten million (10,000,000) ouguiyas against the captain, the Minister responsible for fisheries may also temporarily or permanently prohibit the exercise of the profession in waters under Mauritanian jurisdiction of any captain or crew member of a vessel used in the commission of an offense against the fisheries legislation and its implementing regulations or the conditions to which usage rights concessions and fishing licenses are subject.