Dahir n° 1-14-95 du 12 rejeb 1435 (12 mai 2014) portant promulgation de la loi n° 15-12 relative à la prévention et la lutte contre la pêche illicite, non déclarée et non réglementée et modifiant et complétant le dahir n° 1-73-255 du 27 chaoual 1393 (23 novembre 1973) formant règlement sur la pêche maritime
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
Article 27
Translated text:A register known as the “IUU fishing vessel register” shall be kept by the competent authority in the forms and under the conditions laid down by regulation which shall include:
- foreign fishing vessels which have not been able to justify in the declaration referred to in Article 6 the origin of the fishery products kept on board;
- foreign fishing vessels that have been recognized, following the inspections provided for in Article 10 above, as having carried out IUU fishing or participated in such fishing;
- fishing vessels whose list is communicated by the flag State ;
- fishing vessels recognized as having carried out IUU fishing, the list of which is communicated by an international or multilateral organization, a multilateral fisheries management organization to which Morocco is a party;
- fishing vessels sanctioned in accordance with Article 34(c).
Article 28
Translated text:When the competent administration is informed by a State that a fishing vessel flying the Moroccan flag is engaged in IUU fishing in the maritime waters under the jurisdiction of that State, a contradictory inquiry shall be carried out, including an examination of the information provided by that State, the information transmitted by the continuous positioning system and by the continuous positioning system using satellite communications for the transmission of data placed on board of the vessel, as well as any useful and relevant information, including that provided by the owner or operator of the said vessel and/or its crew. The result of this examination shall be communicated to the abovementioned State. In the light of the conclusions of this examination, the competent administrative authority shall decide whether or not to apply Article 34(c).
Article 29
Translated text:The name of a fishing vessel shall be removed from the fishing vessel register referred to in Article 27 when
- the owner or operator of the vessel or the flag State of the vessel provides proof that it has not carried out any of the IUU fishing activities for which it was entered in the said register;
- the multilateral international organization or regional fisheries management organization to which Morocco is a party which requested the vessel's inclusion in the list notifies that the vessel has been removed from the list of IUU vessels;
- the flag State of the vessel that requested its inclusion in the list expressly requests its withdrawal;
- the vessel on the list has sunk or been decommissioned or lost or has not been found on the basis of official documents;
- no new infringements for IUU fishing have been committed by the listed vessel during the two years following its registration.
Article 30
Translated text:No foreign fishing vessel entered in the register referred to in article 27 above may be the subject of a transfer of ownership, in Morocco, to a Moroccan natural or legal person, nor may it be chartered under the conditions provided for in article 3 of the aforementioned dahir bearing loin° 1-73-255 of 27 chaoual 1393 (November 23, 1973).
Article 36
Translated text:The owner or shipowner of a fishing vessel flying the Moroccan flag wishing to engage in maritime fishing beyond the exclusive economic zone must have an authorization issued for this purpose by the competent administration before the departure of the said vessel for the fishing zone. The authorization is issued for a period of one year from the date of its issue. However, when the ship is used for fishing in the exclusive economic zone of a third State or in a maritime zone managed by a regional fisheries management organization (RFMO), the duration of the authorization cannot exceed the duration of the fishing rights agreed to said vessel by that State or RFMO. This authorization is issued when the vessel is not listed not on the register of IUU fishing vessels provided for in Article 27 of Title I of Law No. 15-12 relating to the prevention and control against illegal, unreported and unregulated fishing.