Law of Fisheries Management and Development

(1) No person shall engage, support or assist in commercial whaling for any species or population of whales in Somali waters or in areas beyond national jurisdiction being a Somali citizen or using a Somali vessel. (2) No person shall engage in fishing for, harm, kill or trade in cetaceans. (3) The operator of a vessel in Somali waters shall ensure that in all fishing and related activities, gear is used and disposed of in a manner that avoids entanglement or any other adverse or harmful impact on cetaceans. (4) The operator of any vessel in Somali waters or any Somali vessel in the area of any relevant regional fisheries management organization shall not intentionally cause or allow a purse seine net to be set around any cetacean or whale shark. (5) Where any cetacean or whale shark is unintentionally trapped in fishing nets or equipment, the operator referred to in subsection (4) shall release it immediately and return it to the sea, and take such other actions as may be provided pursuant to an international conservation and management measure. (6) No person shall settle or conduct fishing operations in such zones as may be proclaimed under this Act as breeding zones for cetaceans. (7) Where any cetacean is trapped in the coastal areas, coastal communities have a duty to release it and return it to Somali waters. (8) Any person who does not comply with any requirement in subsection (1), (2), (3) (4) (5) or (6) commits an offense and upon conviction shall be liable to the fine described in the First Schedule to the Act or to a term of imprisonment not exceeding three years or to both.

(1) The operator of any vessel used for fishing in Somali waters or of any Somali vessel fishing in areas beyond national jurisdiction: (a) shall ensure that all sharks caught are fully utilised, through retention on the vessel of all parts of the shark excepting head, guts and skins, to the point of first landing; (b) shall not: (i) remove shark fins on board the vessels; and (ii) land, retain on-board, tranship or carry shark fins that are not naturally attached to the carcass at the first point of landing; (c) in respect of sharks landed frozen, shall not: (i) have on board fins that total more than 5% of the weight of sharks, up to the first point of landing where the requirements in paragraph (b) are not applied by the operator; (ii) offload fins and carcasses separately at the point of first landing, unless there is compliance with the 5% ratio through certification, monitoring by an observer, or other appropriate measures approved by the Director General. (2) In order to facilitate on-board storage under section 1(c), shark fins may be partially sliced through and folded against the shark carcass but shall not be removed from the carcass until the first point of landing. (3) The operator of a vessel shall release or cause to be released any species of shark that is caught, for which fishing is not permitted, as soon as possible after the shark is brought alongside the vessel, and to do so in a manner that results in as little harm to the shark as possible. (4) No person shall buy or sell or buy shark fins which have been removed on-board, retained on- board, transhipped or landed in contravention of this Act. (5) Any person who contravenes subsection (1)(a), (b) or (c), (2), (3) or (4) commits an offense and on conviction is liable to a fine not exceeding the maximum amount described in the First Schedule or to a term of imprisonment not exceeding two years, or to both, and in addition any fish or fish products that do not comply with the requirements in sub-section (1) shall be forfeited to the State.

(1) The Minister shall, within a reasonable time and taking into account the recommendations of the Director General, grant or deny an application for any licence, authorization, other permission or registration made under this Act, except that issuance shall be denied where so recommended. (2) In recommending the grant or renewal of licences, authorizations, other permissions or registrations under this Act, the Director General shall take into account the extent to which any relevant State, operator, owner, charterer of the vessel or other relevant person or company, or the vessel, as appropriate, has: (e) complied with all applicable international conservation and management measures and such other regional and international standards as may be applicable; (f) been included in the record of authorized vessels of any relevant regional fisheries management organization; (g) not been, or is not associated with a vessel that is on a list of any relevant regional fisheries management organization designating vessels that have engaged in illegal, unreported or unregulated fishing or related activities;

(2) In particular, the relevant judicial or administrative proceeding shall take into account, inter alia, the following criteria: (a) the seriousness of the offense, taking into consideration the: (ii) international and national requirements and best practices in relation to serious offenses, including their definition in international fisheries instruments;

"Operator" means any person who is in charge of, responsible for the operations of, directs or controls a vessel, including the owner, charterer, master and the beneficiary of the economic or financial benefit of the vessel’s operations;

(1) The operator of a vessel in respect of which an application has been made for a licence, authorization or other permission in accordance this Act or a vessel registration in accordance with Somalia law shall, prior to the issuance of any licence, authorization or other permission or the endorsement of registration: (a) at the direction of the Director General, avail the vessel intended to be used for fishing or related activities for inspection, survey or other requirement at a port approved by the Director General at such time and under such conditions as the Director General may determine; and (b) fulfil pre-licensing and pre-registration criteria required under this Act or as may be prescribed or required by the Minister and published on the official website of the Ministry; (2) Subject to paragraph (a) of subsection (1) the operator shall provide not less than forty-eight hours advance notice of the vessel’s estimated time of arrival, weight by fish species catch onboard and port of call to the Ministry. (3) An authorized fisheries officer shall undertake and verify the pre-licensing or pre-registration inspection of any vessel in accordance with this Act and such criteria as may be approved Minister, and in addition the Director General may designate a survey inspector to undertake such inspections. (4) The Ministry shall review all relevant documentation required for the consideration and issuance of a registration, licence, authorization or other permission. (5) The operator of the vessel subject to the requirements in this section shall: (a) allow and assist any authorized fisheries officer and survey inspector to board and inspect the vessel and otherwise exercise his or her powers and responsibilities under this Act; and (b) provide to the Ministry all documentation and information required for consideration and issuance of a registration, licence, authorization or other permission. (6) The Director General may, notwithstanding subsection (1), provide a time within which inspection must be made after issuance of a relevant license where exceptional circumstances exist, not to exceed two weeks. (7) Any operator who does not comply with any requirement in subsection (1), (2), (3) or (6)(a) or (b) commits an offense and upon conviction shall be liable to a fine provided in the First Schedule and any other penalty provided under this Act, and in addition where the conditions under (1)(a) or (b) are not met the operator shall not be granted a license, authorization or other permission pursuant to this Act.

(1) The Minister shall, within a reasonable time and taking into account the recommendations of the Director General, grant or deny an application for any licence, authorization, other permission or registration made under this Act, except that issuance shall be denied where so recommended. (2) In recommending the grant or renewal of licences, authorizations, other permissions or registrations under this Act, the Director General shall take into account the extent to which any relevant State, operator, owner, charterer of the vessel or other relevant person or company, or the vessel, as appropriate, has: (a) complied with this Act, other relevant laws of Somalia, applicable licensing terms and conditions and any applicable access agreement; (b) complied with any applicable requirements concerning the appointment of agents and the agent(s) has complied with this Act and other relevant laws of Somalia; (c) complied with requirements for seaworthiness and safety; (d) provided all required data and information and vessel attributes promptly and accurately, including any applicable vessel monitoring system requirements; (e) complied with all applicable international conservation and management measures and such other regional and international standards as may be applicable; (f) been included in the record of authorized vessels of any relevant regional fisheries management organization; (g) not been, or is not associated with a vessel that is on a list of any relevant regional fisheries management organization designating vessels that have engaged in illegal, unreported or unregulated fishing or related activities; (h) is fit for the purpose for which the application has been made; and (i) the ability to comply with this Act. (3) In this section, “vessel attributes” includes the type, construction, capacity, machinery and other attributes of a vessel, and specifications and other information in relation to its gear, equipment, aircraft and instrumentation.

(1) Issuance or renewal of any licence, authorization, other permission or registration under this Act shall be denied where the Director General determines that: (a) the standards set out in section 84 are not been met at all or any times; (b) the exploitation of the fisheries is unsustainable; (c) the operator of the vessel has not complied with or fulfilled pre-licensing requirements in accordance with section 83; (d) the operator of the vessel has been convicted of an offense involving dishonesty or fraud; (e) notwithstanding any other provision in this Act, the operator of the vessel or the vessel is subject to an access agreement and has not fully complied with the agreement, this Act or any applicable international conservation and management measure; (f) there is sufficient evidence that the operator or any person associated with the vessel has engaged in any IUU fishing or related activity or any other relevant illegal activity and has not satisfied any relevant judgement or determination or been involved in an organized criminal group or transnational crime; (g) the operator of a vessel has committed an offense in Somali waters, or the vessel has been used for such an offense and any consequent process has not been concluded; (h) the operator of the vessel is associated with a vessel that is on a list maintained by a relevant regional fisheries management organization of vessels that have engaged in illegal, unreported or unregulated fishing; (i) the vessel is registered under a flag that is reasonably considered to be a “flag of noncompliance” because of the failure of the flag State to exercise effective flag State responsibility based, inter alia, on criteria set out in paragraph 2 of the FAO Voluntary Guidelines for Flag State Performance; (j) the vessel is not fit for the purpose for which application has been made; (k) port State measures have been taken against the vessel under an applicable conservation and management measure, there is reasonable evidence that the vessel had engaged in illegal, unreported and unregulated fishing and the operator or vessel has not submitted to such legal or other process as may be demanded by a relevant port State, coastal State or flag State in relation to such evidence; (l) any or all of the applicant, owner or operator has not: (i) complied with the terms of an existing or previous licence or any other requirement under this Act; (ii) complied with any law of Somalia; and (iii) submitted to due process under this Act in respect of the non-compliance or fully satisfied any applicable judgment or determination. (2) If the information in an application for a licence, authorization, registration or renewal thereof is found to be false, misleading or inaccurate in any material sense, the Director General may recommend that the licence, authorization or registration not be granted or renewed. (3) A licence, authorization, other permission or registration shall not be granted or renewed unless all applicable fees, charges or levies required pursuant to this Act may be required have been paid. (4) A licence, authorization, other permission or registration shall not be granted or renewed in relation to any foreign vessel previously licensed for fishing or related activities by a foreign State if that vessel undermined the effectiveness of applicable international conservation and management measures and: (a) the foreign State suspended the previous licence, and the suspension has not expired; or (b) the foreign State, within the last three years preceding the application for a licence under this Act, withdrew the previous licence. (5) The restriction in subsection (4) does not apply if: (a) the ownership of the vessel has changed since the vessel undermined the effectiveness of applicable international conservation and management measures; and (b) the new owner has provided evidence to the Director General that, in his or her opinion, demonstrates that the previous owner has no further legal, beneficial or financial interest in the vessel. (6) The Director General shall notify in writing the applicant of the refusal to grant or renew a licence, authorization, other permission or registration and the reasons for the refusal.

(1) The Minister shall, within a reasonable time and taking into account the recommendations of the Director General, grant or deny an application for any licence, authorization, other permission or registration made under this Act, except that issuance shall be denied where so recommended. (2) In recommending the grant or renewal of licences, authorizations, other permissions or registrations under this Act, the Director General shall take into account the extent to which any relevant State, operator, owner, charterer of the vessel or other relevant person or company, or the vessel, as appropriate, has: (a) complied with this Act, other relevant laws of Somalia, applicable licensing terms and conditions and any applicable access agreement; (b) complied with any applicable requirements concerning the appointment of agents and the agent(s) has complied with this Act and other relevant laws of Somalia; (c) complied with requirements for seaworthiness and safety; (d) provided all required data and information and vessel attributes promptly and accurately, including any applicable vessel monitoring system requirements; (e) complied with all applicable international conservation and management measures and such other regional and international standards as may be applicable; (f) been included in the record of authorized vessels of any relevant regional fisheries management organization; (g) not been, or is not associated with a vessel that is on a list of any relevant regional fisheries management organization designating vessels that have engaged in illegal, unreported or unregulated fishing or related activities; (h) is fit for the purpose for which the application has been made; and (i) the ability to comply with this Act. (3) In this section, “vessel attributes” includes the type, construction, capacity, machinery and other attributes of a vessel, and specifications and other information in relation to its gear, equipment, aircraft and instrumentation.

(1) Issuance or renewal of any licence, authorization, other permission or registration under this Act shall be denied where the Director General determines that: (a) the standards set out in section 84 are not been met at all or any times; (b) the exploitation of the fisheries is unsustainable; (c) the operator of the vessel has not complied with or fulfilled pre-licensing requirements in accordance with section 83; (d) the operator of the vessel has been convicted of an offense involving dishonesty or fraud; (e) notwithstanding any other provision in this Act, the operator of the vessel or the vessel is subject to an access agreement and has not fully complied with the agreement, this Act or any applicable international conservation and management measure; (f) there is sufficient evidence that the operator or any person associated with the vessel has engaged in any IUU fishing or related activity or any other relevant illegal activity and has not satisfied any relevant judgement or determination or been involved in an organized criminal group or transnational crime; (g) the operator of a vessel has committed an offense in Somali waters, or the vessel has been used for such an offense and any consequent process has not been concluded; (h) the operator of the vessel is associated with a vessel that is on a list maintained by a relevant regional fisheries management organization of vessels that have engaged in illegal, unreported or unregulated fishing; (i) the vessel is registered under a flag that is reasonably considered to be a “flag of noncompliance” because of the failure of the flag State to exercise effective flag State responsibility based, inter alia, on criteria set out in paragraph 2 of the FAO Voluntary Guidelines for Flag State Performance; (j) the vessel is not fit for the purpose for which application has been made; (k) port State measures have been taken against the vessel under an applicable conservation and management measure, there is reasonable evidence that the vessel had engaged in illegal, unreported and unregulated fishing and the operator or vessel has not submitted to such legal or other process as may be demanded by a relevant port State, coastal State or flag State in relation to such evidence; (l) any or all of the applicant, owner or operator has not: (i) complied with the terms of an existing or previous licence or any other requirement under this Act; (ii) complied with any law of Somalia; and (iii) submitted to due process under this Act in respect of the non-compliance or fully satisfied any applicable judgment or determination. (2) If the information in an application for a licence, authorization, registration or renewal thereof is found to be false, misleading or inaccurate in any material sense, the Director General may recommend that the licence, authorization or registration not be granted or renewed. (3) A licence, authorization, other permission or registration shall not be granted or renewed unless all applicable fees, charges or levies required pursuant to this Act may be required have been paid. (4) A licence, authorization, other permission or registration shall not be granted or renewed in relation to any foreign vessel previously licensed for fishing or related activities by a foreign State if that vessel undermined the effectiveness of applicable international conservation and management measures and: (a) the foreign State suspended the previous licence, and the suspension has not expired; or (b) the foreign State, within the last three years preceding the application for a licence under this Act, withdrew the previous licence. (5) The restriction in subsection (4) does not apply if: (a) the ownership of the vessel has changed since the vessel undermined the effectiveness of applicable international conservation and management measures; and (b) the new owner has provided evidence to the Director General that, in his or her opinion, demonstrates that the previous owner has no further legal, beneficial or financial interest in the vessel. (6) The Director General shall notify in writing the applicant of the refusal to grant or renew a licence, authorization, other permission or registration and the reasons for the refusal.

(2) The operator of every foreign fishing vessel that holds a licence or entry permit as required under subsection (1), and such other foreign fishing vessels that the Minister may designate by public notice, shall report the vessel position and other information required by the Minister directly to the Ministry using a Vessel Monitoring System and Automatic Identification System or as necessary by email: (a) 24 hours prior to entry or exit from Somali waters; and (b) continuously at all times while in Somali waters at intervals determined by the Minister.

(1) The operator of a vessel that operates under a licence, authorization or other permission issued by the Ministry shall maintains an Automatic Identification System on board in accordance with the specifications in Chapter V, Regulation 19 of the International Convention for the Safety of Life at Sea, and that the vessel continually reports directly to the Fisheries Monitoring Center. (2) A person who contravenes subsection (1) commits an offense and upon conviction shall be liable to a fine provided in the First Schedule or to a term of imprisonment not exceeding one year or both, and to any other penalty provided under this Act.

(1) The operator of any vessel required to be licensed by the Ministry that holds a valid and applicable licence or authorization pursuant to this Act shall, unless the vessel falls within a category of vessels excepted by the Ministry and unless otherwise prescribed: (a) install and maintain a mobile transceiver unit in accordance with requirements in this Act or as may be prescribed or required by the Director General, on board the vessel and ensure it is fully operational at all times; (b) register the mobile transceiver unit in accordance with section 79(1) of this Act; (c) ensure that the mobile transceiver unit is tamper resistant and of a type and configuration that prevent the input or output of false positions, and not capable of being over ridden, whether manually, electronically or otherwise, and is: (i) located within a sealed unit; and (ii) protected by official seals (or mechanisms) of a type that will indicate whether the unit has been accessed or tampered with. (d) transmit the following information directly to the Ministry at least once every hour, or such other time as may be prescribed or required under the applicable licence or authorization: (i) the vessel identification; (ii) the current geographical position of the vessel (longitude, latitude) with a position error which shall be less than 500 metres, at a confidence level of 99% or such other requirements as may be prescribed or required under the applicable licence or authorization; and (iii)the date and time (expressed in UTC) of the fixing of the said position of the vessel; (e) ensure that: (i) VMS reports and messages are not altered in any way; (ii) the antennae connected to the mobile transceiver unit(s) are not obstructed in any way; (iii) the power supply of the satellite monitoring device(s) is not interrupted in any way; and (iv) the mobile transceiver unit(s) are not removed from the vessel. (2) In the event of technical failure or non-functioning of the mobile transceiver unit, the operator shall inform the Ministry immediately and no later than one hour after failure, and: (a) where the vessel has not begun a trip the operator shall not cause the vessel to depart; (b) where the vessel is at sea the operator shall cause the vessel to travel to a port approved by the Ministry within twenty-four hours and during that period shall report every half hour and shall comply with such other requirements as may be prescribed; (c) shall repair or replace the unit within one month after which the operator shall not be authorized to commence a fishing trip without the unit having been repaired or replaced. (3) The operator shall comply, and ensure compliance by all persons associated with the vessel, with any conditions or other requirements that may be prescribed or required by the Director General or any applicable international conservation and management measure. (4) Any operator who does not comply with the requirements of subsections (1)(a), (b), (c) (d) or (e), (2)(a), (b) or (c) or (3) commits an offense and upon conviction shall be liable to a fine provided in the First Schedule or to a term of imprisonment not exceeding three years or both, and to any other penalty provided under this Act. (5) Any person who, without lawful excuse, renders inoperative or otherwise interferes or tampers with a mobile transceiver unit so that it does not operate automatically or accurately or in accordance with any licence conditions or otherwise in accordance with this Act commits an offense and upon conviction shall be liable to a fine provided in the First Schedule or to a term of imprisonment not exceeding three years or both, and to any other penalty provided under this Act.