Vessel Registration & License Management

Fisheries law of the Federal Republic of Somalia

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 12

    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.
  • Article 15

    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.
  • Article 16

    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.
  • Article 17

    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.

What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?

  • Article 24

    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.

  • Article 30

    1. 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.

Law of Fisheries Management and Development

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 81

    (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.

What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?

  • Article 82

    (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.

  • Article 83

    (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.

Does the law/regulation require license denial where a vessel has violated fisheries laws in areas beyond national jurisdiction, for example where the vessel is on, or associates with another vessel on an RFMO IUU Vessel list or for other reasons?

  • Article 82

    (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.

  • Article 83

    (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.