Law 204
Fishing Offenses & Infractions
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.
Transshipment
Does the law/regulation provide for transshipment?
article 32
Translated text:In areas under national sovereignty and jurisdiction, transshipment activities may only be carried out in ports or landing sites authorized for this activity. Transshipment in waters under national sovereignty and jurisdiction shall be allowed only in cases previously requested, supported and authorized by the Authority. The Authority shall regulate transshipmen activities that may be carried out by Panamanian flag vessels beyond waters under national jurisdiction.
Vessel Ownership & Legal Responsibility
Who is given legal responsibility to comply with the legislation: "operator," "owner," "master," "person," "vessel" or other?
article 122
Translated text:The Authority will fine the vessels, its owners, shipowners, operators, captains, ultimate beneficiary or any other person or legal entity connected to a fishing violation, who will be jointly liable for violations to the incumbent norms; or for the actions or omissions against the norms of other States or regional or subregional fisheries management organizations identified by the Authority or communicated to it by the competent authorities of another Sate or regional or subregional fisheries management organizations, incurred by vessels of any nationality in continental waters and in marine areas under the autonomy or jurisdiction of Panama, or in marine areas located further from the Panamanian jurisdiction. Additionally, the Authority will fine persons and legal entities as it corresponds, for violations of incumbent norms regarding fishing, aquaculture, connected activities and fishing-related activities. The fines established in this article will be without prejudice to the competencies and/or rights of other entities.
Vessel Registration & License Management
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
article 27
Translated text:In order to carry out any fishing, aquaculture, related activities or activities related to fishing in the area of compatibility with the operation of the Panama Canal, in additional to the corresponding authorization, permit or license issued by the Authority, a compatibility permit issued by the Board of Directors of the Panama Canal Authority is required, as provided in Law 19 of 1997 and Law 21 of 1997. Likewise, in addition to the corresponding authorization, permit or license issued by the Authority, prior approval by the Panama Canal Authority, as the competent entity to carry out any fishing, aquaculture, related activities or activities related to fishing in the Panama Canal Watershed area, is required for the performance of any fishing, aquaculture, related activities or activities related to fishing in the Panama Canal Watershed area, in addition to the corresponding authorization, permit or license issued by the Authority, prior approval by the Panama Canal Authority, as the competent entity to carry out such activities. The Panama Canal Authority, as the competent entity for the administration, use, maintenance and conservation of the water resources of this area, as provided in Title XIV of the Political Constitution of the Republic and Law 19 of 1997. In both cases, the Authority shall always establish prior coordination with the Panama Canal Authority.
article 31
Translated text:The Authority shall adopt all those conservation, management and control measures necessary to prevent, combat, deter and eliminate illegal, unreported and unregulated (IUU) fishing, and may regulate those measures that are not expressly contemplated in this Law, in accordance with international agreements, conventions and treaties. No fishing license shall be granted to vessels that are on an IUU list of any regional fisheries management organization.
article 34
Translated text:Any natural or juridical person interested in nationalizing, registering, constructing or modifying the characteristics of a vessel to engage in fishing, related activities or activities related to fishing, with the exception of those used for domestic consumption fishing and sport fishing, must have a no objection issued by the Authority, after coordination with the Panama Maritime Authority. For the issuance of the no objection, the Authority will make a prior evaluation of the compliance history of the vessel and the licensee, as well as their capacity to comply with the applicable measures. In the case of catcher fishing licenses, the Authority shall act in accordance with the allocated fishing possibilities and conservation rules of the corresponding regional fisheries management organization.
article 42
Translated text:Every vessel, with the exception of those engaged in fishing for domestic consumption, must have a license authorizing fishing, related activities or activities related to fishing. Said license shall cause a fee in favor of the Authority to be charged in accordance with the rate established by regulation. The Authority shall determine the procedure and requirements for the granting, the validity and the grounds for suspension. and the grounds for suspension and cancellation of the licenses.
article 43
Translated text:The Authority shall establish a licensing regime that ensures that no vessel is allowed to fish, unless so authorized consistent with this Law, and the sustainability of aquatic resources, including, among others, the appropriate scope for the license including conditions for the protection of marine ecosystems; prior assessment of the compliance history of the vessel and the licensee, as well as their ability to comply with applicable measures; minimum information obligations in the license allowing the identification of vessels and responsible persons. The fishing licenses established in the present Law shall be granted without prejudice to the regulations issued by the Panama Maritime Authority for the navigation of vessels.
article 44
Translated text:Licenses are not transferable from one vessel to another, or from one person to another, and may not be alienated, leased, or constitute any title or encumbrance or right for the benefit of third parties.
article 45
Translated text:In the event of total loss of a vessel with a fishing license, whether due to an act of God or force majeure, the holder of such license shall have the right to the granting of a new license for another vessel with similar characteristics or particularities and which exerts a fishing effort no greater than that previously granted. The Authority shall regulate this matter.
Vessel Tracking
Does the law/regulation require or exempt fishing vessels to keep VMS turned on, or is there no provision?
article 145
Translated text:Not having Satellite Communication Equipment (VMS) installed on board the ship or not issuing or providing the information of said signal (coordinates, speed and direction) to the Authority's fishing control and monitoring center, for a period greater than twenty-four consecutive hours" is considered a serious offense.