Vessel Registration & License Management

Fisheries Act

What qualifications does the law/regulation give for a vessel to qualify as a local vessel?

  • Article 2

    "local fishing vessel" means- (a) a fishing vessel wholly owned and controlled by (i) the Govemment. or by a public corporation or other statutory body established by or under the laws of The Gambia, (ii) one or more natural persons who are Gambians, or (iii) a body corporate established under the laws of The Gambia, which is wholly owned and controlled by one or more of the entities or persons described under sub-paragraphs (i) and (ii), and which has its principal place of business in The Gambia; or (b) a fishing vessel chartered by a Gambian company, which has land-based facilities, for the sole purpose of improving the fishing sector within The Gambia, but excludes any fishing vessel 'Nhich, though owned and controlled as stated in paragraph (a), does not have a genuine and effective link with The Gambia, including where it is not based in The Gambia or where a substantial portion of its financial and economic profits and other benefits arising from its operations in the fisheries waters do not directly benefit the owners or the economy of The Gambia;

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

  • Article 31

    (1) The Director may, with the approval of the Secretary of State, suspend, for such period as he or she thinks fit, cancel or revoke, a licence issued under this Act where the holder of the licence - (a) has furnished information which is untrue, incorrect or incomplete in connection with his or her application for the licence; (b) contravenes or fails to comply with any condition of the licence, and, where appropriate, has failed to remedy the noncompliance; (c) contlavenes or fails to comply with any provision of this Act or any of its regulations; or (d) is convicted of an offense under this Act.

  • Article 39

    (8) Without prejudice to any other provision of this Act, a foreign fishing vessel licence may be refused, suspended, or cancelled on any grounds as may be prescribed, and in particular if (a) international agreements to which The Gambia is a party make it necessary; or (b) the foreign fishing vessel or the owner or operator has a record of undermining the effectiveness of national or international conservation and management measures, or has taken part in illegal fishing in the fisheries waters, the waters of another State or in international waters.

Fisheries Regulation of 2008

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

  • Article 7

    1. (1) A fishing vessel shall not be registered on the Register of Fishing Vessels unless the Director is satisfied that- (a) an application has been made in accordance with regulation 4 of these Regulations and is true, correct and complete in every way; (b) the fee prescribed in Schedule II has been paid; (c) the vessel, or its owner, has not been convicted within the last five years of an offense under the Act or its regulations; (d) the vessels, or its owner, has not been convicted within the last five years of an offense under the laws of The Gambia governing navigation, customs, immigration, fiscal measures, health, narcotics or firearms; (e) no evidence exists that gives reasonable cause to believe that the vessel has undermined the effectiveness of international conservation and management measures or has taken part in illegal fishing in the waters of another State or in international waters; (f) all other information requested by the Director have been provided in the manner requested or required.

Fisheries Regulations

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

  • Article 7

    (1) A fishing vessel shall not be registered on the Register of Fishing Vessels unless the Director is satisfied that- (a) an application has been made in accordance with regulation 4 of these Regulations and is true, correct and complete in every way; (b) the fee prescribed in Schedule II has been paid; (c) the vessel, or its owner, has not been convicted within the last five years of an offense under the Act or its regulations; (d) the vessels, or its owner, has not been convicted within the last five years of an offense under the laws of The Gambia governing navigation, customs, immigration, fiscal measures, health, narcotics or firearms; (e) no evidence exists that gives reasonable cause to believe that the vessel has undermined the effectiveness of international conservation and management measures or has taken part in illegal fishing in the waters of another State or in international waters;

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 7

    (1) A fishing vessel shall not be registered on the Register of Fishing Vessels unless the Director is satisfied that- (a) an application has been made in accordance with regulation 4 of these Regulations and is true, correct and complete in every way; (b) the fee prescribed in Schedule II has been paid; (c) the vessel, or its owner, has not been convicted within the last five years of an offense under the Act or its regulations; (d) the vessels, or its owner, has not been convicted within the last five years of an offense under the laws of The Gambia governing navigation, customs, immigration, fiscal measures, health, narcotics or firearms; (e) no evidence exists that gives reasonable cause to believe that the vessel has undermined the effectiveness of international conservation and management measures or has taken part in illegal fishing in the waters of another State or in international waters;

  • Article 10

    (1) The Director shall decide to remove the responsible status of a registered fishing vessel and accord that vessel a "delinquent” status if- (a) the vessel, or its owner or operator, has repeatedly violated the provisions of the Act and its regulations; (b) the vessel, or its owner or operator, has repeatedly violated any Law of The Gambia governing navigation, customs, immigration, fiscal measures, health, narcotics or firearms; (c) evidence exists that gives reasonable cause to believe that the vessel has committed a serious offense against the fisheries laws or regulations of another sub-regional state or against any international conservation and management measures and it has not been possible to bring the vessel or its owner or operator to trial; (d) the owner has submitted information that is untrue, incomplete or incorrect in connection with his or her application for Registration; or (e) the owner or the new owner of the fishing vessel, as the case may be, has failed to comply with the requirement of regulation 9 of these Regulations. (2) Where the Director accords a fishing vessel a delinquent status under paragraph (1) of this regulation, a licence issued in respect of the fishing vessel shall cease to be valid forthwith.

Merchant Shipping Act

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 16

    (1) An application for registration of a ship shall be made in the prescribed form- (a) in the case of individuals, by the person requiring to be registered as owner, or by one or more of the persons so requiring if more than one or by his or their agent; and (b) in case of a body corporate, by its agent and the authority of the agent shall be testified by writing, under the common seal of that body. (6) The Registrar may demand proof of ownership to his or her satisfaction before proceeding with the registration of a ship.

  • Article 17

    (1) A person shall not be registered as owner of a Gambian ship or of a share therein until such person or in the case of a body corporate, the person authorised by section 97 (2) to make declarations on its behalf has made and signed a declaration of ownership in the prescribed form referring to the ship as described in the tonnage certificate and containing the following particulars- (a) his or her full name and address; (b) a statement of the time when and the place where the ship was built or where the ship was built outside The Gambia and the time and place of the building is not known a statement to that effect, and in addition, in the case of a ship previously registered outside The Gambia, a statement of the name by which she was so registered; and (c) statement of the number of shares and the owners of these shares in the ship in respect of which such person or body corporate, as the case may be is entitled to be registered.

  • Article 18

    (1) On the first registration of a ship, the following evidence shall be produced in addition to the declaration of ownership- (a) in the case of a ship built in The Gambia, a builder‟s certificate signed by the builder of the ship and containing a true account of the proper denomination and of the tonnage of the ship as estimated by him or her and of the name of the person, if any, on whose account the ship was built and, if there has been any sale, the bill of sale under which the ship or a share therein has become vested in the applicant for registration; (b) in the case of a foreign-built ship, the same evidence as in the case of a ship built in The Gambia unless the declarant who makes the declaration of ownership declares that the time and place of her building are unknown to him or her or that the builder‟s certificate cannot be produced, in which case there shall be registered only the bill of sale under which the owner-ship of the ship became vested in the applicant for registration; and (c) in the case of a ship condemned by the competent authority, the official copy of the condemnation. (2) In the case of every ship built in The Gambia, the builder shall if requested to do so, deliver to the owner a signed certificate containing the particulars specified in the sub-section (1)(a). (3) A builder who fails to comply with sub- section (1) or (2) or willfully makes a state- ment in a certificate given thereunder com- mits an offense and is liable on conviction to a fine not exceeding one million Dalasis or imprisonment for a term of six months or both the fine and imprisonment.

  • Article 19

    A ship which is or has been registered in another country shall not be eligible for registration under this Act unless- (a) a certificate has been issued to the effect that ship has been deregistered; (b) a certificate has been issued to the effect that the ship will be deregistered on the day that the new registration is effected; (c) the ship‟s foreign registration has been cancelled or will be cancelled on the day that the new registration is effected; (d) no mortgages are outstanding against the ship; and (e) where there are mortgages out- standing against the ship, the mortgagees have consented in writing to the deregistration or cancellation of the ship's foreign registration.