Fisheries law of the Federal Republic of Somalia

1. The Ministry shall cooperate and consult with state organs, International Organizations and with Non- Governmental Organizations (NGOs) and other stakeholders in the country, to promote the development traditional and industrial fisheries and other related industries through such measures as: a) Provide employment and capacity building services; b) Conduct scientific researches; c) Promote cooperation between the Ministry and fishing communities; d) Promote markets and marketing of fishery products; e) Provide fishing equipment and develop infrastructures; and f) Promote fishing and aquaculture skills and practices.

The Captain and the crew of any vessel that violate the provisions of this law shall be deemed criminal and the following penalties will be applicable: 3. Any person using explosives substances, illegal fishing equipment, destroying coral reefs or mangrove trees or sea shells, poison to kill or disable fish, aquatic living organisms shall be brought to a competent court. 5. Fishermen who target sea mammals or other endangered aquatic species shall be prosecuted in a court. 6. Anyone who exports or destroys corals, mangrove trees or any shell without the permission of the Ministry shall be prosecuted. 9. Any vessel or aircraft that commits the offense of dumping industrial or nuclear waste shall be prosecuted for these crimes.

3. Anyone found using explosive substances, illegal fishing equipment, fishing during monsoon seasons, destroying coral reefs or mangrove trees or sea shells, shall be liable to a fine between US$ 500,000-$5,000,000.

The Captain and the crew of any vessel that violate the provisions of this law shall be deemed criminal and the following penalties will be applicable: 5. Fishermen who target sea mammals or other endangered aquatic species shall be prosecuted in a court.

6. Penalties for small boats (such as canoes) that violate the fisheries Law shall be fined as follows: E. Where the offense is very serious or repeated, the offender shall be presented before a competent court.

1. Whoever commits a serious offense shall have their vessel and equipment confiscated upon the court’s ruling.

1. No one shall intentionally or unintentionally dump any polluting substances or wastes into the fishing waters of the Federal Republic of Somalia, which may: a. Affect marine resources, birds, the environment and human beings. b. Disrupt fishing activities. c. Pose a threat to sea navigation.

1. Any foreign fishing vessel with a fishing permit in the Somali waters shall employ a number of national seamen.
2. Considering the capacity of the fishing vessel, the Minister shall decide on the number of seamen to be employed on the vessel.
3. Local fishermen shall have the same rights as foreign fishermen.
4. Local fishermen are entitled to shelter, food and healthcare services on the vessel.
5. Local fishermen shall board from seaport and shall be returned to the same point.

1. Any designated inspector/observer has the right to enter, inspect, and control any premises suspected of holding fish or other marine products that are illegally acquired against this law.
2. The inspector/observer has the right to control and inspect places where fish is farmed, prepared, processed, landed or stored.

1. The Ministry issues fishing licenses to fishing vessels operating in Somali waters while considering the Regional States in which the vessels are operating.
2. The Ministry issues to the applicants fishing licenses they are in need of while they will get valid registration for their fishing vessels.
3. No person shall use any vessel for fishing in Somali waters without having a valid registered fishing license.
4. A certificate of registration issued in the prescribed way may be used on payment of taxes imposed on the owner or on to the vessel.
5. Any person who uses any vessel for fishing in Somali waters without a valid certificate of registration shall face prosecution under the laws of the country.
6. The application for fishery license shall be submitted in writing, and shall briefly states the following:- a. Name, description of vessel, flag and country of registration; b. Name of the owner, charterer or operator, if any, master captain of the vessel; c. Address of the owner or charterer or operator; d. Length and beam of the vessel; e. Place and date constructed; f. Average and real weight of the vessel; g. Engine capacity/power and type of engine; h. Number of crew and nationalities; i. Logbook to record the catch must be on board the vessel; j. Assigned international call signs, navigational equipment and facilities on board the vessel; k. Description of fishery activities as requested and the applicant’s signature; l. The type of fishing requested for fishery; m. Indication of fishing technique; n. Fishing methods and equipment/gear(s) used; o. Production methods to be used, description of marketing strategies, destination and utilization of the product; p. Description of fishing location; q. The number of fish or other aquatic animals that may be caught; r. Period for which the license is valid; s. Details of the assistant captain; name, qualifications, and the country of origin; t. Provide any information request by the Ministry. u. It must have an office in the country.

1. No foreign fishing vessel shall fish, attempt to fish or participate in fishing operations in Somali waters without a valid license issued under this Law.
2. Any fishing vessel that enters Somali waters without having a valid license shall be presented to the Court and subjected to Somalia Fisheries Law.
3. Any fishing vessel that enters Somali waters and found in violating of Article 11 of this Law shall be considered as an offender and will be prosecuted under this Law.
4. All foreign fishing vessels seeking legitimacy of fishing rights in Somali waters should have an entry permit issued by the Ministry of Fisheries and Marine Resources.

1. All fishing licenses issued by regional administrations or subsequent interim governments between January1991 and before the ratification of this Somalia fisheries law, shall be invalid with effect from the date this law comes into force.
2. An application for licensing of foreign fishing vessel shall be submitted in a written request to the Ministry in the prescribed form.
3. The Ministry may issue licenses to foreign fishing vessels if: a. Upon realizing the existence of surplus fishery resources for the employment of Somali fishing communities; and b. Upon reckoning surplus of fishery resources and indication of stock levels.
4. A licensed foreign fishing vessel shall abide by conditions stipulated in this Law.

1. The following types of fishing vessels shall be exempted from licenses: a. Non-motorized. b. Motorized but with an length overall of not more than 4 meters; or c. Used exclusively for recreational fishing.
2. Every application by a local fishing vessel license shall be made in writing to the Ministry with the requirements set out in this Law (License form).
3. Every citizen seeking to obtain a license for a foreign fishing vessel must comply with the set conditions including the management and payment procedures such as paying the fees and state services.

Any person granted fishing license shall: a. Abide by the laws of the country and regulations of the Ministry; and b. Submit regular reports regarding fishery activities, quantities and types of aquatic living organisms caught inadvertently.

6. Penalties for small boats (such as canoes) that violate the fisheries Law shall be fined as follows: G. A person who fails to perform his/her duties and fails fulfil any of the terms and conditions of this Law shall risk their licenses being revoked.