Fishing Offenses & Infractions

Decree-Law No. 6/2004

Does this country's legislation require compliance with "international conservation and management measures" adopted by an RFMO in which it is a member?

  • Article 16

    Translated text:
    1. Semi-industrial or industrial fishing permits may only be revoked or suspended in the following circumstances by a decision of the Minister: (a) To protect and preserve fishing resources, upon scientific opinion of competent national or international institutions and following consultation with the National Consultative Council of the Ministry, or as a result of a recommendation by international or regional organisations of which the country is a member; (b) As a penalty imposed for an offense committed, in accordance with the provisions of the present decree-law; (c) For the non-use of the fishing permit without a just cause for a period longer than six months.

In laws/regulations that use the term "serious offenses," what offenses fall into that category?

  • Article 157

    Translated text:

    Without prejudice to other offenses provided for by the general law, the following constitutes serious offenses under the present decree-law: (a) The use of fishing gear that does not correspond to the specific or authorised specifications, namely the use of prohibited fishing gear and the use of fishing nets whose meshes are smaller in size than the minimum authorised mesh size; (b) Fishing during prohibited periods or in prohibited areas; (c) Fishing of species whose capture is forbidden or whose weight or size is below the minimum authorised weights and sizes; (d) Overfishing beyond the total allowable catches or in disregard to the rules concerning the control of the fishing effort; (e) Lack of data or the provision of false statistical information on catches and on the fishing effort or on the positioning of the vessel or the falsification of records onboard, namely, the fishing logbook or other documents relating to the catches; (f) The use in fishing, the onboard possession or the transport of explosives, substances or toxic products without authorisation by the competent authorities; (g) Fishing with a vessel other than the one permitted to the holder or the capture of species different from the ones allowed to the permit holder; (h) The escape or an attempt thereof following questioning by inspecting agents in the exercise of their functions; (i) Failure to comply with the conditions and terms established in the fishing permit; (j) The fraudulent alteration of data set out in the fishing permit; (k) The falsification of a fishing permit; (l) The provision of information or the provision of false data and documents; (m) The manipulation, alteration, or damage or any form of interference with the communications or with the functioning of the vessel monitoring system device; (n) Failure to comply with the obligation to have the fishing permit and the fishing logbook as well as any other document provided for by law onboard the vessel; (o) The removal or alteration of the evidence of the offense committed; (p) Failure to comply with legal provisions and regulations on the movement of the vessel, transhipment, prior notice of its arrival in and departure from the port; (q) The disembarkation or unloading of fishing products in a port different from the one authorised as a way of evading the control and inspection of fishing products that are disembarked or unloaded; (r) Fishing in areas that are unauthorised for the type of fishing vessel used or the unauthorised transfer of quotas or fishing permits, namely from one shipowner to another; (s) The voluntary destruction or damage of vessels, nets and other fishing gear belonging to others; (t) The destruction or concealment of evidence on any of the offenses provided for in the present decree-law; (u) The refusal of the skipper to follow orders given to him or her by inspectors conducting inspections or his or her non-cooperation with them or with other officials from competent authorities; (v) The carrying out of unauthorised fishing-related operations; (w) Resisting, by violent means or by threats of violence, a fisheries inspector in the exercise of his or her functions; (x) Failure to comply with the provisions in force regarding the arrangement of the fishing gear; (y) The non-existence of a vessel monitoring system onboard a fishing vessel due to its fault; (z) High seas fishing by a national fishing vessel without authorisation from the competent authority; (aa) Failure to comply with international measures on conservation and management on the high seas by a national fishing vessel; (bb) Failure to comply with obligations and conditions imposed on non-commercial fishing permits; (cc) Non-maintenance onboard of the documents required in the present decree-law and applicable regulations; (dd) Failure to comply with the obligation to make onboard records available to the competent authorities; (ee) Fishing, or an attempt thereof, in national maritime waters by semi-industrial and industrial fishing vessels not licensed for that purpose; (ff) Fishing, or an attempt thereof, in national maritime waters by foreign fishing vessels not licensed for that purpose; (gg)Fishing, gathering, collecting, possessing, selling or displaying corals, or an attempt thereof, by any means; (hh) The provision of supplies or fuel to fishing vessels in national maritime waters without due authorisation from the Ministry; (ii) The use of explosives and toxic substances susceptible to weakening, stunning or killing the species; (jj) Oil leakage or the leakage of other pollutants by fishing vessels into national ports and maritime waters when it results in the damage or death of species