Law 204
Does this country's legislation require compliance with "international conservation and management measures" adopted by an RFMO in which it is a member?
article 59
Translated text:International service fishing activities can only be conducted in areas further from the Panamanian jurisdiction and should hold a license granted by the Authority. The Authority will regulate the international service fishing, including the authorizing license, the characteristics of the vessel, the capacity of the storage room, the species, the fishing gears, fishing season, zones where the activity will be conducted, according to the conditions of the regional fisheries management organizations, the international agreements and treaties and other aspects disposed by the Authority, as well as the corresponding fees.
In laws/regulations that use the term "serious offenses," what offenses fall into that category?
article 145
Translated text:Severe violations to the incumbent norms regarding aquaculture, fishing, fishing-related activities and connected activities are the following:
- To conduct fishing activities, fishing-related activities and connected activities with a vessel with no valid registration.
- To forge or intentionally hide the registry, identity or brand of a vessel.
- To conduct aquaculture and fishing activities, fishing-related activities and connected activities, without having the corresponding valid authorization issued by the Authority, or to conduct these activities in conditions opposite to what is established in said authorization.
- To conduct aquaculture and fishing activities, fishing-related activities and connected activities in areas forbidden by the Authority, or that have not been included in bans or restricted spaces of the applicable international agreements.
- To conduct aquaculture and fishing activities, fishing-related activities and connected activities in conditions opposite to what has been established in the applicable norms.
- To forge or alter the authorization to conduct aquaculture and fishing activities, fishing-related activities and connected activities.
- To fish in unauthorized areas, or species or with unauthorized fishing gear.
- To conduct fishing activities in a forbidden zone or in conditions different from those established in a zone of special nature.
- To conduct fishing activities, fishing-related activities or connected activities in a closed zone or during closed season or beyond a banned depth. No. 29244-A Official Digital Gazette, Thursday 18 March 2021 This is a faithful translation of the original document in Spanish. Ginette Arrocha Blanco, License No. 3554.
- To conduct fishing activities without available quotas or after consuming one quota.
- Not having a Vessel Monitoring System (VMS) installed onboard of the vessel or not issuing or provide the information of said signal (coordinates, speed and route) to the fishing control and follow-up center of the Authority, for a period greater than twenty-four consecutive hours.
- To fish or conduct fishing-related activities in areas under the autonomy or jurisdiction of another State, without having the incumbent authorization issued by the competent authority or in violation of the laws of another State.
- To conduct, in the zone of regional fishery management organization, fishing activities and fishing-related activities that are opposite to the conservation and management measures of said organization.
- To catch or intentionally retain species against any applicable conservation measures and/or management measures adopted by the regional fisheries management organizations, as well as the applicable conservation measures according to the national law.
- To have onboard, transship or disembarkation of fish under the regulated size, or extracted in violation of the applicable norm.
- To breach the catch or quota limits in force, according to the norms established by the regional fisheries management organizations.
- To participate in transshipment or in joint fishing operations with vessels which have been proven to be involved in illegal, non-declared and non-regulated fishing (INDNR), particularly those registered on a list of INDNR vessels of a regional fishery management organization, or that has provided support or restock to said vessels.
- To perform transshipments in unauthorized ports or disembarkation sites.
- To perform transshipment in waters under the autonomy and jurisdiction of Panama or outside of them against the applicable norms.
- To not have a fishing logbook duly completed and according to the applicable norm.
- To not declare catch or transshipment in the template and period established by the competent authority.
- To introduce and free invading aquatic species.
- To introduce exotic aquatic species, without the corresponding authorization of the competent authority.
- To export wild live shrimps from nature in state of their development.
- To not allow the presence of an inspector of the Authority, duly authorized, in a vessel, farm, larval production centers or processing plant. The Authority will establish the inspection protocol for the different cases.
- To commercialize, transport or use, in a vessel, production farm or processing plant, fish resulting from illegal, non-declared and non-regulated fishing activities.
- To intimidate, resist, obstruct, delay, sexually harass or wrongfully interfere with an authorized inspector or observant.
- To hide, manipulate or destroy proofs related to the investigation of a violation.
- To obstruct or damage the execution of instructions given or measures taken by the authorized or certified officers, following with the dispositions established in the incumbent norm.
- To have multiple violations that together comprise one severe violation to the incumbent violation.
- Any other action or omission in matters which can be later classified as severe by the Authority.