Marine Fisheries Code
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 31
Translated text:The Minister responsible for Maritime Fisheries sets by decree the conditions for the creation, organization and operation of a national register for industrial fishing vessels. The registration of industrial fishing vessels on the register is mandatory for obtaining the license.
The register contains all the required information, in particular on the characteristics of the vessels and their operations in maritime waters under Senegalese jurisdiction. It can be used in the context of sub-regional cooperation actions under the conditions defined with the States concerned.
Article 32
Translated text:The Minister responsible for Maritime Fisheries shall set by decree the conditions for the creation, organization and operation of the registers of artisanal fishing vessels at the level of each maritime fishing region and at the national level.
Artisanal fishing vessels shall be registered in the registers after their registration according to the rules provided for by decree of the Minister responsible for Maritime Fisheries. The information required during the registration of artisanal fishing vessels shall be used for registration in the registers.
The registers of artisanal fishing vessels shall be used for the purposes of development, management and conservation of fishery resources.
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
Article 40
Translated text:The Minister responsible for marine fisheries may suspend or withdraw a fishing license on grounds related to the implementation of adopted and approved fisheries management plans, or due to the unpredictable state of exploitation of concerned stocks, on the advice of the National Advisory Council of Marine Fisheries.
Article 43
Translated text:The Minister responsible for marine fisheries may refuse to grant a fishing license to a vessel flying the Senegalese flag in the following cases: (a) when the decision to refuse is necessary in order to guarantee the proper management of fisheries resources or to ensure the proper implementation of the approved fisheries management plan; (b) if the operations for which the license is requested are not deemed to be in line with the objectives of the marine fisheries development policy; (c) where the vessel in respect of which the license is sought does not meet, on the advice of the maritime authority, the technical conditions and standards of safety and seaworthiness as defined at national or international level, or does not comply with the standards relating to working conditions on board. Refusal to grant a license to a fishing vessel flying the Senegalese flag must be expressly justified.
Article 44
Translated text:The Minister responsible for marine fisheries may refuse to renew a fishing license to a vessel entitled to fly the flag of Senegal in the following cases: (a) where the vessel in respect of which the renewal of the license is sought does not meet, on the advice of the maritime authority, the technical conditions and standards of safety and seaworthiness as defined at the national or international level, or does not comply with the standards relating to working conditions on board; (b) if the vessel has been transformed or reconverted without the prior authorization of the Minister responsible for marine fisheries; (c) where the licensed vessel has deliberately and repeatedly contravened the existing regulations. Refusal to renew a fishing license to a Senegalese-flagged vessel shall be expressly motivated.
Article 123
Translated text:The exercise of industrial fishing by foreign vessels not authorized to operate in waters under the jurisdiction of Senegal is punishable by a fine of 500,000,000 to 1,000,000,000 CFA francs. In addition, the confiscation of fishing gear and catches on board is ordered.
The Court may also order the confiscation of the vessel. When the offense was committed using a vessel that was used to commit a previous offense, confiscation is ordered.
The exercise of industrial fishing by vessels of Senegalese nationality not authorized to operate in waters under the jurisdiction of Senegal is punishable by a fine of 40,000,000 to 50,000,000 CFA francs. In addition, the confiscation of fishing gear and catches on board is ordered.
Article 124
Translated text:The exercise of artisanal fishing without a permit or authorization, on foot or from a boat, in waters under Senegalese jurisdiction by foreign persons is punishable by a fine of 500,000 to 1,500,000 CFA francs. In addition, the confiscation of fishing gear and catches is pronounced.
The exercise of artisanal fishing without a permit or authorization, on foot or from a boat, in waters under Senegalese jurisdiction by persons of Senegalese nationality is punishable by a fine of 200,000 to 300,000 CFA francs. In addition, the confiscation of fishing gear and catches is pronounced.
Article 125
Translated text:These are considered very serious industrial fishing offenses: (a) use of prohibited fishing gears or methods; (b) unauthorized transhipment or collect of catches; (c) fishing in prohibited areas; (d) fishing during closed seasons; (e) for all types of fishing gears, use of any means or devices having the effect of reducing the opening of the mesh size below the authorized standard or the selectivity of fishing gears; (f) use of a fishing vessel for a type of fishing operation other than the type it has been licensed for; (g) fraudulent declations of the vessels' technical specifications, in particular those related to the gross tonnage of the vessels authorized to operate within the maritime waters under the jurisdiction of Senegal; (h) use of explosives or noxious substances for the purpose of fisheries or their transportation on board fishing vessels; (i) failure to land catches in authorized ports or landing sites, where there exists such a requirement; (j) refusal for any fishing vessel in the waters under the jurisdiction of Senegal to stop where ordered to do so by an enforcement vessel.