Fisheries Law
Fishing Offenses & Infractions
Does the law/regulation contain any provisions prohibiting the targeting of marine mammals?
Article 52
It is not permissible for any natural or corporate body to do the following: d- To catch whales, sea mammals or turtles or to use their ovules, except those meant for scientific research by permission of the Ministry.
Does this country's legislation require compliance with "international conservation and management measures" adopted by an RFMO in which it is a member?
Article 65
The provisions of this law shall be applied on the sea waters of the Republic in a manner that would not contravene with the laws, agreements, Arab and international conventions in force, in which our country is a participant.
Observers
Does the law/regulation provide for observers and are there requirements for the nationality of observers?
Article 2
–Defines a monitor as "The person appointed by the Ministry who undertakes the collection of all data and information related to fishing on boats and landing centers." –Defines an inspector as: "The person appointed by the Ministry who carries out the requirements of surveillance on the fishing boats and fisheries installations."
Article 47
The Ministry shall undertake periodical monitoring and control over the factories and plants of processing, canning and storing marine creatures and the means of their transportation to make sure that they are sound and are in conformity with the specifications and in coordination with the concerned parties.
Article 48
The monitoring officers subordinated to the Ministry shall assume the nature of judicial control with relation to any breaching related to the implementation of the provisions of this law and the regulations. A resolution shall have to be issued by the Minister of Justice for their appointment on submission by the Minister and the regulations shall define their assignments, powers and the conditions of their appointment.
Transshipment
Does the law/regulation provide for transshipment?
Article 4
a- Any fishing boat or receiving boat shall be prohibited from practicing any fishing or receiving activity or transportation of marine creatures unless provided with the necessary license in accordance with the provisions of this law and its executive regulations.
Vessel Ownership & Legal Responsibility
Who is given legal responsibility to comply with the legislation: "operator," "owner," "master," "person," "vessel" or other?
Article 55
Any one who violates provisions of any of the Articles (6/A, 25/1, 52/A.B, 53 shall be punished by imprisonment for no lss than a year and no more than two years and a fine no less than fifty thousand US dollars and no more than five hundred US dollars, or its equivalent in the national currency for Yemenis.
Article 56
Every one violating provisions of any of the Articles 7, 8/5, 9, 18, 25/2, 38, 52/C, D, E, F, shall be punished by imprisonment for a period no less than two months and no more than six months and fine no less than ten thousand US dollars and no more than a hundred thousand US dollars, or its equivalent in the national currency for Yemenis.
Article 57
Every one violating provisions of any of the Articles 26, 52/G, H shall be punished by imprisonment for a period no less than one month and no more than three months and fine no less than one thousand US dollars and no more than ten thousand US dollars, or its equivalent in the national currency for Yemenis.
Article 61
Owner: The Ministry shall impose administrative detainment on the fishing boats breaching the provisions of this law, regulations or executive resolutions thereto or the agreements concluded with the Ministry for a period not more than fifteen days from the date of detainment, provided that the Ministry shall try during this period to arrive at a cordial settlement with the owner of the breaching boat, in accordance with article (64) of this law or refer it to judicature and the cases in this respect shall be decided by the courts who are specialized in taking prompt judicial actions.
Article 63
Captain and crew: In case of recurrence of any breaching by the fishing boat of the provisions of this law or the regulations of the agreement concluded with the Ministry, the Minister shall have the right to suspend the agreement or license of the boat for a period not exceeding one month and he shall have the right as well to prohibit either temporarily or permanently the practicing of the profession in the sea waters of the Republic by the captain or any individual of the crew of the boat which was used in committing this breach.
Vessel Registration & License Management
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 8
The Ministry shall undertake the responsibility of supervising the organization of the fishing and exploitation of the marine creatures and their development in a manner that would ensure an increase in their returns and the supporting of the national economy. To this end it shall assume the following powers: 10. To keep registries, in which shall be recorded all details concerning all persons who have relationship with fishing operations and the different fishing boats permitted to carry out fishing and transportation of marine creatures.
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
Article 23
Without breaching the provisions of article (52) of this law, any person practicing the activity of artisanal fishing shall be banned from the following: c- The practicing of fishing activity without carrying the necessary licenses in accordance with the provisions of this law.
Article 25
Each person owing or hiring an industrial boat shall be banned from the following: 1- To fish in the sea waters of the Republic except by an agreement to be made with the Ministry and a license issued by it. No abdication of this license to others is allowed. 2- To practice the activity of fishing in the zones, in which he is not permitted to fish.