Resolution of Prime Minister No. 296 of 2006 Regarding Executive Regulations for Law No. 2 of 2006 Concerning Organization and Exploitation of Aquatic Organisms and their Protection

The Ministry and its offices in the coastal governorates shall undertake the tasks of marine monitoring and surveillance on all fishing activities in accordance with the provisions of this law, the regulations and the executive resolutions thereto.

The Ministry shall appoint monitors on each boat of the coastal, industrial and receiving boats operating in the sea waters of the Republic and any boats that are subjected to monitoring according to its type, size and the relationship of each of them.

The marine monitor shall undertake the following tasks and powers: 1- He shall be available on board the boat continuously during the activity of the licensed boat for fishing or receiving or during on-loading and also during the availability of the cargo on board the boat prior to off-loading and during off- loading. 2- To report about violence committed by the fishing or receiving boat to the Ministry and its concerned office. 3- To keep a record, in which he shall record the quantities of production, their species and the coordinates of their catching or receiving and the distance and depths with regard to fishing boats, the date and number of casts and number of violence committed, the general state of the boat, its activity and any other data defined by the Ministry. 4- To report about the catch data or quantities received from marine creatures daily through the communication equipment to the Ministry and its concerned offices. 5- He shall hand over all the documents that he holds having relationship to the boat during the voyage to the Ministry’s office at the off-loading harbor as soon as he arrives at the off-loading harbor directly. 6- To use the facilities and equipment available on board the boat in a manner that would enable the monitor to perform his tasks. 7- To have access to the steering cabin on board the boat and the locations which could be used to conserve or treat or weigh and store the marine creatures. 8- To be fully perused on the records of the boat relating to fishing. 9- To take samples from any fish or marine creatures for the purposes of checking, weighing, researching or for any activity of the monitoring job. 10- To be perused on the navigational information having relationship to the activity of the boat, fishing and the using of communications equipment that are related to his duties.

The following conditions shall be stipulated for the appointment of a marine monitor:- 1- He should be a Yemeni and he should not be less than eighteen years old and not more than fifty years. 2- He should be a graduate from one of the marine or navigation institutions or a holder of general secondary certificate. 3- He should enjoy health and physical fitness and should be a good swimmer. 4- He should know and be aware of fishing gears and tools and navigation equipment, fish species and marine creatures. 5- To be a permanent staff member and the Minister shall have the right to exclude whom he considers from such condition. 6- Priority should be given to graduates of the marine and navigation institutions and colleges and those given training courses in the field of marine monitoring and surveillance.

The Coastal Monitoring Officer shall undertake the following tasks and powers:- 1- To report about any nets or implements or fishing gears made or contravening with the defined specifications by the Ministry. 2- To report about artisanal fishing boats which are not numbered or licensed. 3- To report about the cases of the landing of marine creatures in the time of non fishing season or those which are banned to be caught. 4- To ensure that the safety equipment and conditions are available onboard the artisanal fishing boats. 5- To report about cases of marine creatures landings at other centers than landing centers and auction yards defined by the Ministry. 6- To report about the transporting means of marine creatures from the landing centers, in which the conditions and specifications defined by the Ministry do not exist. 7- To report about violence of the provisions of the law, this regulations or other regulations, resolutions or orders in force which he may discover.

The following shall be stipulated for the appointment of a coastal monitoring officer: 1- He should be of Yemeni nationality and his age not less than eighteen. 2- He should be holding a scientific degree not less than general secondary education or the equivalent from the graduates of the technical institute. 3- He should be enjoying health and physical fitness. 4- He should be knowing and aware of the fishing gears and tools, fish species and marine creatures. 5- He should be a permanent official employee. The Minister can exempt the one he considers from such condition.

The monitoring officer shall keep an official record in accordance with the specimen prepared and approved by the Ministry, in which he will record all information and data which he has discovered or been perused on. He then must hand over to the competent Ministry’s office after the completion of monitoring task or the completion of the recording book.

A receiving boat shall not be permitted to practice the receiving of marine creatures within the sea waters of the Republic except by a license issued under a special agreement to be concluded with the Ministry provided it contains particularly the following conditions:- a- To fix the quantities and species of marine creatures allowable to be caught. b- To define the zones and locations, in which the receiving shall take place in the sea waters of the Republic. c- To fix the value of the banking bond. d- To install and operate the control system via the satellites. e- To fix the State’s returns from the agreement. f- To define the duration of the agreement in accordance with the provisions of the law. g- To collect the annual fees of the license. Any other stipulations to be fixed by the Ministry in a manner that would not contravene with the provisions of the law and these regulations.

The following points shall be observed when granting a license to a receiving boat:- 1- The zones and locations in which there are no fisheries institutions to accommodate and receive the production of artisanal fishermen. 2- Effect of plenty seasons and increase of production of artisanal fishing on the storing capacity available on the land. 3- The migration periods of the yellow fin Tuna in the Economical Zone. 4- Any other case to be fixed by a resolution of the Minister in a manner that would not contravene with the provisions of the law and this regulation.

The captain of the receiving boat shall abide to keep records and statistical forms, in which all data related to received marine creatures shall be recorded quantitatively and qualitatively and in a daily manner and to enable the inspector to inform through the communication’s equipment, also to provide the concerned office of the Ministry or at the offloading harbor with the production recoding form received and the statistical record both signed and stamped by him.

The concerned office of the Ministry shall abide to hand over to the captain prior to the commencement of each receiving trip the record book and the statistical forms of production in accordance with the specimen approved by the Ministry.

Prior to the signing on the receiving agreement for the receiving boat, the following stipulations should be mentioned: 1- To produce the defined banking bonds for the conclusion of the agreement. 2- To produce the documents confirming the opening of an office in the Republic of Yemen with regard to foreign companies.

With the observation of the conditions and specifications stipulated in the law and this regulation a license shall be awarded to the receiving boat by the Ministry under an agreement after ensuring the following: 1- To produce the documents relating to the confirmation of the relationship of the contracting person with regard to the boats, for which the licenses are required (owner, hirer, operator, ship chandler or any other relationship). 2- To produce the license for navigating in the sea waters of the Yemen Republic issued by the competent administrative authority in the Republic. 3- The report of the checking and inspection committee for the boat issued by the checking and inspection committee at the Ministry’s office at the Yemeni harbor, in accordance with the specimen prepared by the Ministry. 4- The installation of the control equipments through satellite approved by the Ministry on the boat.

The license for a fishing or receiving boat should include, in particular, the following details:- 13- Name of beneficiary from the license, his position with regard to the licensed boat.

Observing the conditions and specifications stipulated in the law and these regulations the Ministry shall award the license to the coastal fishing boat under an agreement after ensuring the following: 4- To install the controlling equipments via satellites approved by the Ministry onto the boat.

The following conditions shall be stipulated in respect of the specifications of the industrial boat, the gear and fishing implements allowable to be used: c- The following technical and mechanical facilities shall have to be available: 2. Controlling system through satellites. 3. Navigation and communication equipment.