Fisheries Law No. 22/2013
Fishing Offenses & Infractions
In laws/regulations that use the term "serious offenses," what offenses fall into that category?
Article 98
Translated text:The following are very serious fishing offenses: a) the practice or attempt to practice fishing without a license by nationals or foreigners in the jurisdictional waters of Mozambique waters of Mozambique; b) fishing on the high seas or in the waters of third countries, using a Mozambican fishing vessel, without the authorization; c) Falsifying a fishing license; d) the escape or attempted escape of a fishing vessel after being questioned by inspection agents; e) possession, use or transportation of the substances and products mentioned in article 50 of this Law; f) carrying out related fishing operations which have not been authorized and/or licensed; g) non-use or fraudulent use of the sea turtle exclusion device g) failure to use or fraudulent use of the sea turtle exclusion device; h) the master's refusal to obey orders given by inspection agents, to enter port, to collect fishing gear or to present on-board documents.
Article 99
Translated text:For the purposes of this Law and its and other legislation, the following are serious fishing offenses: a) having on board or using fishing gear that does not correspond to the prescribed or authorized specifications; b) the use of nets whose mesh size is smaller than the minimum authorized mesh size or underwater fishing with weapons and artefacts the use of which prohibited; c) the use of a device likely to obstruct or reduce the size of the meshes; d) fishing during prohibited, closed and closed seasons; (e) fishing in areas to which access is prohibited and in places or areas to which are not authorized or not indicated on the fishing license; f) fishing for species whose catch is prohibited; g) fishing for species whose weight or size is less than the the minimum authorized weights and dimensions; h) fishing beyond the quota limit and the minimum number of specimens authorized to be caught or failure to comply with the rules on the control of fishing effort; i) fraudulent alteration of the data on the fishing license; j) providing false statistical information on catches and fishing effort; k) falsifying or concealing information on installed power or the unauthorized introduction of devices that alter it; l) altering, intentionally or unintentionally damaging or interfering in any way with communications or the operation of a satellite tracking device; m) possession, use and/or transportation of the substances and products mentioned in Article 50; n) unauthorized landing, unloading or transhipment of fishery products or in a port other than the one authorized; o) failure by a Mozambican fishing vessel authorized to fish on the high seas to comply with international measures on the conservation and management of the high seas
Transshipment
Does the law/regulation provide for transshipment?
Article 99
Translated text:For the purposes of this Law and its and other legislation, serious fishing infractions: ... n) the landing, unloading or transshipment of unauthorized fishery products or in a port other than the authorized one;
Vessel Ownership & Legal Responsibility
Who is given legal responsibility to comply with the legislation: "operator," "owner," "master," "person," "vessel" or other?
Article 87
Translated text:Masters of fishing vessels, shipowners, holders of fishing rights, vessel owners holders of ishing rights, owners of fishing vessels, charterers owners of fishing vessels, charterers, owners of fish processing establishments and aquaculture facilities, those in charge of fishing operations, processing and aquaculture activities, transporters, cold or dry storekeepers, individual and collective people in general, shall be individually and jointly liable for the offenses committed and also for the payment of financial penalties, compensation and other payments they are sanctioned for infringements of this Law and other legislation.
Vessel Registration & License Management
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 1
Translated text:- Without prejudice to the maritime register provided for in specific legislation, a compulsory administrative register of all companies, fishing gear and fishing vessels operating in Mozambique's maritime and continental waters, as well as Mozambican fishing vessels operating on the high seas, shall be established and maintained.
What qualifications does the law/regulation give for a vessel to qualify as a local vessel?
Article 19
Translated text:-
Fishing is classified into: a) maritime or continental, depending on whether it takes place in maritime waters or in continental or inland waters; b)commercial or non-commercial, whether or not it is for-profit. Non-commercial fishing is subdivided into experimental fishing and recreational and sport fishing; c) local, coastal, distant or high seas, depending on the fishing area where it is carried out; d) artisanal, semi-industrial or industrial, depending on the complexity of the means used to capture and preserve it on board.
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The Government defines the types of fishing classified in the previous number taking into account, among others, the fishing zones, the complexity and technical specifications of the vessels, their autonomy, the type of fishing gear used, the means of conservation used, recreational or competitive purposes, as well as the evolution of different fishing fleets.
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Glossary
Translated text:Mozambican fishing vessel: fishing vessel registered in Mozambique. Foreign fishing vessel: one that is not Mozambican fishing vessel.
Vessel Tracking
Does the law/regulation require or exempt fishing vessels to keep VMS turned on, or is there no provision?
Article 54
Translated text:- Continuous monitoring of fishing vessels may be carried out with automatic detection devices via satellite or other applicable systems.
- Monitoring systems are applicable to all national and foreign fishing vessels, fishing in the jurisdictional waters of Mozambique, third States or on the high seas, with a view to, in real time, obtaining their location, as well as other information that allows monitoring.
- The Government establishes the applicable systems and forms of implementation of the fishing vessel monitoring system to be adopted.