Vessel Registration & License Management

Code des Pêches Maritimes 2015

What qualifications does the law/regulation give for a vessel to qualify as a local vessel?

  • Article 7

    Translated text:

    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.

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

  • Article 88

    Translated text:

    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.

Décret N° 2015-159 Portant application de la Loi n° 017·2015 29 juillet 2015 portant Code des Pêches

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

  • Article 19

    Translated text:

    A concession will not be granted if the examination of the application reveals in particular that the file is incomplete or that the applicant refuses to provide all the required information; the planned operation threatens the sustainability of the fishery resource; the applicant has provided incorrect or incomplete information; the application does not fall within the framework of the national fisheries policy guidelines; the granting of the concession is contrary to Mauritania's international commitments; one of the vessels considered for the exploitation of the concession has been found to have engaged in illegal, unreported and unregulated (IUU) fishing.

Law No. 2013-029 establishing the Merchant Shipping 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 46

    Translated text:

    1 - For the application of this law, any floating or mobile construction intended for maritime transport, whether for commercial, fishing, pleasure, towing, pilotage or other purposes, is considered a seagoing vessel.

    2 - The status of a seagoing vessel is established by its Mauritanization / registration with the competent services of the Ministry responsible for Merchant Shipping and its assignment to maritime navigation.

What qualifications does the law/regulation give for a vessel to qualify as a local vessel?

  • Article 51

    Translated text:

    1- Any ship that possesses Mauritanian nationality and consequently receives an act of Mauritanization: 1.1 - subject to the provisions of articles 49 and 50 above, built in Mauritania or regularly imported. 1.2 - having a name in accordance with the provisions of section 2 below (article 59) 1.3 - measured in accordance with the provisions of section 5 below (article 68)

    2 - The vessel must also meet the following ownership conditions: 2.1 - be owned by natural or legal persons under Mauritanian law 2.1.1- Must own at least 51% of the vessel when owned by individuals, and 2.1.2. - if the vessel is owned by a legal entity, have its registered office in Mauritania, and hold at least 51% of the shares owned by Mauritanian shareholders or associates, with shares subscribed by nationals to be registered. 2.1.3 if the ship is owned by an individual and legal entities, the shares must be owned, without any condition of proportion in the capital distribution, by Mauritanian nationals fulfilling the conditions of paragraph 2.1.1 above and by companies fulfilling the conditions of paragraph 2.1.2 above. 2.2 in addition, must be of Mauritian nationality: 2.2.1 in public limited companies, the chairman of the board of directors, the managing directors and the majority of the members of the board of directors. 2.2.2 in joint-stock companies, shares subscribed by nationals must be registered shares 2.2.3 in SARLs and partnerships, managers and partners holding at least 51% of the capital must be registered shareholders.

    3 - Mauritanian nationality may also be possessed by any vessel belonging to: 3.1 to natural persons having the nationality of a State with which a reciprocity agreement has been concluded and who have their domicile or habitual residence in that State 3.2 to trading companies of a State with which a reciprocity agreement has been concluded and which are represented or established in the Islamic Republic of Mauritania. 3.3 to a foreign company or its subsidiary having acquired it as part of an investment in the fisheries sector and covered by an establishment agreement.

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

  • Article 153

    Translated text:

    1 - All vessels flying the flag of the Islamic Republic of Mauritania must comply:

    • the rules relating to the safety of maritime navigation defined by the present law, and
    • the relevant rules of international conventions to which the Islamic Republic of Mauritania has acceded. 2 - The Maritime Authority may issue technical safety regulations applicable to ships flying the Mauritanian flag and not subject to international conventions.