Law No. 2-2000 on Marine Fisheries

Anyone who uses dynamite, any other explosive material or substances that may cause pollution in marine waters for fishing purposes is liable to a fine of 10 to 150 million CFA francs and to imprisonment for 1 to 3 months.

The vessel and the equipment, having been used in the commission of offenses under paragraph 1, shall be seized by the marine fisheries authorities, and their confiscation and sale may be ordered by the trial court.

Anyone who holds, collects, transports, processes or peddles, for sale, fish, other fishing products or their derivatives prohibited or recognized as unfit for consumption, is liable to a fine of 10 to 50 million CFA francs.

All vessels authorized to fish in waters under Congolese jurisdiction must carry at least one Congolese observer. For vessels belonging to national fishing companies, observers may only be taken on board at the request of the fisheries administration. At least one Congolese observer must be on board foreign vessels. It is one of the conditions of access for these vessels to waters under Congolese jurisdiction. The status of the observer is determined by regulation.

Any person who transships fish, other fish products and their derivatives is liable to a fine of 10 to 150 million CFA francs.

A fine of 25 to 250 million CFA francs is imposed on any captain or crew member acting in that capacity, caught to be fishing without a marine fishing licence.

Anyone who uses dynamite, any other explosive material or substances that may cause pollution in marine waters for fishing purposes is liable to a fine of 10 to 150 million CFA francs and to imprisonment for 1 to 3 months. The vessel and the equipment, having been used in the commission of offenses under paragraph 1, shall be seized by the marine fisheries authorities, and their confiscation and sale may be ordered by the trial court.

The following are jointly and severally liable for offenses under the present law: - the captain or master of the vessel, when the offense is committed by the crew; - the shipowner, for faults committed by the master or crew of the fishing vessel;

• the concession-holder or operator of a fishing or marine farming establishment for faults committed by his or her employees; - the owner or co-owner of a fishing or marine farming establishment for faults committed by his or her employees;
• the owner or co-owner of a small-scale fishing vessel, for faults committed by his employees.

A fishing license is an administrative document issued to a vessel that has been allocated a quota. The license is issued by the Marine Fisheries Authority after the technical visit of the fishing vessel.

In case of repeat offenders (recidivists) or for offenses committed at night (even for a first offense), fines are doubled and the authorization is withdrawn for a period of at least twelve months