Vessel Registration & License Management

Merchant Shipping Act

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 11

    (1) Where a ship which is owned wholly by persons qualified to own a registered Nigerian ship is not recognised as a Nigerian ship under this Act, the ship shall not be entitled to- (a) any benefits, privileges, advantages or protection that are usually enjoyed by Nigerian ships; or (b) use the national colours or assume the national character of Nigeria.

    (2) The payment of dues, the liability to fines and forfeiture and the punishment of offenses committed on board the ship or by any person belonging to the ship, shall be dealt with in the same manner in all respects as if the ship was registered in Nigeria and recognised as a Nigerian ship.

  • Article 13

    (1) Every ship shall be registered by name in the register and accordingly, no two or more ships shall bear the same name. (2) The Registrar may refuse to register a ship by a name proposed for registration if the name is already the name of a Nigerian ship or a name calculated to deceive or to offend the public interest. (3) A Nigerian ship shall not be described by any name other than that by which the ship is for the time being registered. (4) Where a foreign ship, not having at any previous time been registered in Nigeria, becomes the property of persons qualified to own a registered Nigerian ship, no person shall apply to register that ship at a port of registry in Nigeria except by the name which

    the ship bore as a foreign ship immediately before the ship became the property of per- sons qualified to own a registered Nigerian ship:

    Provided that no registrar at any port of registry in Nigeria shall knowingly register the ship by any other name without the prior approval in writing of the Agency. (5) A person who acts or permits any person under his control to act, in contravention of this section or omits to do or permits any person under his control to omit to do, anything required by this section, commits an offense and on conviction is liable to a fine not

    less than one hundred thousand naira; and, except in the case of an application being made under this section with respect to a ship which has not at any previous time been registered in Nigeria, the ship may be detained until this section is complied with.

  • Article 20

    The Minister may make regulations relating to the procedure for the registration of Nigerian ships, which regulations shall not be inconsistent with the provision ofthis Act.

Nigerian Maritime Administration and Safety Agency Act 2007

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

  • Article 64

    "Nigerian company" is a company incorporated in Nigeria in which Nigerian citizens hold at least 60% of the shares as beneficial owners;

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?

  • First Schedule

    Section 290 of the Merchant Shipping Act. Cap M11, Laws of the Federation of Nigeria 2004 is amended by inserting the following new section "290 (IB)": "290 (1 b) Notwithstanding the provisions of subsection (1) of this section the following ships are entitled to be registered- (a) Nigeria owned ships; (b) small vessels, other than fishing vessels, that are- (i) wholly owned by Nigerian residents and Nigerian citizens (ii) operated solely by Nigerian residents or Nigerian citizens or both such residents and such citizens; and (c) ships on bareboat charter to Nigerian citizens.". 2. The Merchant Shipping (Delegation of Powers) Notice, Merchant Shipping Act, is amended by deleting all references in the Third Column of the Schedule to "Government Inspector of Shipping" and inserting the words "Nigerian Maritime Administration and Safety Agency".

  • Article 35

    The Minister, on the recommendation of the Agency, may grant national carrier status to a shipping company if-(f) the company's vessels are registered in the Nigerian Ship Registration Office and the vessels satisfy all conditions stipulated in the Merchant Shipping Act;

Sea Fisheries (Licensing) Regulations

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

  • Article 1

    (1) A prospective owner of a fishing vessel intended for fishing or shrimping in Nigeria's territorial waters shall first obtain a written assurance that such a vessel would be granted a fishing or shrimping licence before arrangement for the purchase of the vessel is concluded.

  • Article 12

    (1) Where the Minister has reasonable grounds for believing that- (a) a fishing vessel can no longer be used for the purpose for which it was intended; or (b) the licencee has failed to comply with any condition stipulated under paragraph 10 of these Regulations, he may, after giving the licencee the opportunity of being heard or making representation by notice in writing, require him before the date specified

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 3

    (1) Every vessel intended for fishing or shrimping purposes shall first be registered with the Federal Ministry of Transport. (2) Every such registered vessel shall carry the Nigeria's national flag.

Does the law/regulation require license denial where a vessel has violated fisheries laws in areas beyond national jurisdiction, for example where the vessel is on, or associates with another vessel on an RFMO IUU Vessel list or for other reasons?

  • Article 12

    (1) Where the Minister has reasonable grounds for believing that- (a) a fishing vessel can no longer be used for the purpose for which it was intended; or (b) the licencee has failed to comply with any condition stipulated under paragraph 10 of these Regulations, he may, after giving the licencee the opportunity of being heard or making representation by notice in writing, require him before the date specified

Sea Fisheries Act

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

  • Article 4

    (1) On being satisfied that… (d) the operation of the motor fishing boat in the territorial waters of Nigeria or its exclusive economic zone is not likely to be prejudicial to the interests of sea fishing industry in Nigeria, the licensing officer shall issue a licence in respect of the motor fishing boat

  • Article 4

    (2) Subject to the provisions of this Act, a license shall be in the prescribed form and may be issued subject to such conditions as the licensing officer may think fit to impose, and any conditions so imposed shall be endorsed on the licence.