Key Benefits:
The Prime Minister,
On the report of the Minister of Interior, Overseas and Territorial Communities,
Considering the agreement establishing the Indian Ocean Tuna Commission adopted on 25 November 1993;
Considering the agreement for the purposes of the application of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of fish stocks whose movements are carried out both within and beyond exclusive economic zones (staffing stocks) and highly migratory fish stocks opened for signature in New York on 4 December 1995;
Vu le general code of territorial authorities ;
Vu la Act No. 76-655 of 16 July 1976 amended on the economic zone off the coast of the territory of the Republic;
Vu la Act No. 83-582 of 5 July 1983 relating to the regime of seizure and supplementing the list of officers authorized to observe offences in the field of marine fisheries;
In view of the Decree of 9 January 1852 on the Exercise of Maritime Fisheries, as amended by Act No. 2009-594 of 27 May 2009 for the economic development of overseas countries, in particular articles 9 and 13 of this decree;
Vu le Decree No. 77-1067 of 12 September 1977 defining the straight base lines used to determine the base lines from which the width of the French territorial waters adjacent to the Mayotte territorial authority is measured;
Vu le Decree No. 78-149 of 3 February 1978 establishing, pursuant to the Act of 16 July 1976, an economic zone off the coast of the territorial community of Mayotte;
Vu le Decree No. 78-963 of 19 September 1978 Amending the conditions under which certain foreign vessels may obtain fishing rights in the economic zones that have been created off the coasts of the Overseas Territories and the territorial community of Mayotte;
Vu le Decree No. 84-846 of 12 September 1984 setting the terms and conditions for the application of Act No. 83-582 of 5 July 1983 relating to the regime of seizure and supplementing the list of officers authorized to observe offences in the field of marine fisheries;
Vu le Decree No. 89-1018 of 22 December 1989 Implementing the decree of 9 January 1852 amended on the exercise of the marine fisheries with regard to the determination of the minimum capture size of certain fish and other marine animals;
Vu le Decree No. 90-95 of 25 January 1990 Amending the general conditions for the exercise of marine fisheries in fishing areas not covered by community conservation and management regulations;
Vu le Decree No. 97-156 of 19 February 1997 Organization of the decentralized services of ocean affairs,
Decrete:
The exercise of fishing by vessels flying the flag of a foreign state in the economic zone of Mayotte is subject to the granting of a licence under the conditions set out in the following articles.
Foreign assistance vessels operating in the Mayotte economic zone must also have a licence and are subject to the same obligations.
The exercise of fishing by other foreign vessels that are licensed is prohibited.
The provisions of this Order are not applicable to the exercise of experimental or scientific fishing. This is subject to a special licence issued by the prefect of Mayotte.
The Mayotte Prefect regulates the exercise of this fishery.
The licences are issued by decision of the Prefect of Mayotte after notice of the Minister for Foreign Affairs, the Minister for Maritime Fisheries and the Minister for Overseas.
The Mayotte Prefect sets, where applicable, the number of licences that may be issued, taking into account, inter alia, the biological capabilities of the area concerned. It may also set by order a limit of capture per vessel.
When the Mayotte Prefect assigns fishing quotas based on the allowable catch totals provided for in section 8 of this Order, it shall issue to shipowners who apply, for each ship, a licence that is issued within the limits of the available quota.
The information that must be provided by armament during the application for a licence and the issuance procedure shall be determined by order of the prefect of Mayotte, after the advice of the Minister for Foreign Affairs, the Minister for Maritime Fisheries and the Minister for Overseas.
Each licence determines, in particular, the period and authorized fishing areas, the species or groups of species concerned and the authorized fishing gear.
A licensed vessel shall, in order to be able to fish, comply with the applicable regulations, the technical requirements annexed to the licence and the applicable conservation or management measures adopted by a competent regional fisheries management organization.
These technical requirements include:
- reporting of primarily targeted species captures and bycatch;
- mitigating accidental captures of birds, reptiles and marine mammals;
– ban on the release of non-degradable objects to the sea;
– declaration of entry and exit of the economic zone of Mayotte;
- identification and monitoring by any means of authorized vessels;
- boarding or transferring and welcoming a fishing controller or a scientific observer.
Fisheries licences are issued after verification of the legal, economic, financial and technical capacity of the arming of the recipient ship(s) and taking into account, inter alia:
1° From a real economic link of the ship to the territory of the State of which he flies the flag, including the direction and control of the ships from a stable establishment located on the territory of the State whose ship is flying the flag;
2° Anteriorities in fisheries;
3° Market directions;
4° Socio-economic balances;
5° The involvement of the shipowner in experimental campaigns to mitigate the impact of fishing activities on the environment or in initiatives to protect the resource and the environment;
6° Possible offences committed in previous years;
7° A commitment to board a fishing controller or a scientific observer, if requested by the prefect;
8° Any registration of the ship or shipowner on a list of vessels or operators involved in illegal fishing activities (illegal, unreported and unregulated fishing) established by the European Union or by a regional fisheries management organization.
The term of validity of the fishing licence that cannot exceed one year ceases on December 31 of the year of issue.
The licence must be kept on board permanently, it cannot be sold or sold.
The refusal to apply for a licence must be motivated and notified to the applicant.
The issuance of a licence will result in the payment of an annual financial counterpart by armament, in accordance with the terms fixed by an order of the Prefect of Mayotte, after the advice of the Minister for Foreign Affairs, the Minister for Maritime Fisheries and the Minister for Overseas.
The annual financial counterparty includes a fixed share, which must be paid prior to the issuance of the licences, and a variable share.
The fixed share includes a lump sum weight of captures in the economic zone of Mayotte. It may also include a fee for monitoring and observation fees.
The variable portion applies for captures beyond a certain tonnage and must be paid within two months after the campaign ends and no later than November 1 of the current year.
Miscellaneous captures, whose accounting must be held, are also subject to financial consideration.
Any failure to comply with the obligations of this article results in the immediate suspension of the licence by the prefect of Mayotte.
The licence may be withdrawn without compensation by the prefect of Mayotte after the weapon concerned has been put in a position to present its observations, in cases where:
1° The provisions of this decree or taken under this decree have not been respected;
2° The fishing controller or the onboard scientific observer has been hampered in any way in the performance of his or her duties or duties, including the lack of cooperation on the part of the crew;
3° The characteristics or mode of operation of the vessel have been modified and no longer meet the conditions set for the issuance of the licence;
4° The vessel was sold or sold for any title.
In order to ensure the long-term conservation and optimal use of fisheries resources, the Mayotte Prefect may set by order, for a maximum of three years, eligible totals of captures per species or group of species for areas, periods of activity and particular equipment, after advice from the Minister for Foreign Affairs, the Minister for Maritime Fisheries and the Minister for Overseas.
Where an eligible total of captures is deemed to be exhausted, the continuation of the fishery of the species or group of species by the arms concerned is prohibited by an order of the Prefect of Mayotte.
The Prefect of Mayotte determines by order, after notice of the Minister for Foreign Affairs, the Minister for Maritime Fisheries and the Minister for Overseas, the rules relating to:
1° The permanent or temporary prohibition and regulation of the fishing exercise of all or certain species in certain areas;
2° The size or weight of the captures below which they must be immediately rejected;
3° The proportion of catches below the minimum size or weight mentioned in the 2° above which fishing operations may be interrupted;
4° The rules on the treatment of non-marketed species;
5° The rules governing the implementation of experimental processes;
6° Obligations and prohibitions on mitigating accidental captures of marine birds, reptiles and mammals;
7° The rules relating to gear, instruments and apparatus used for fishing purposes, the size of the net mesh and the technical characteristics of vessels;
8° The rules for hours and seasons open to fishing;
9° Permitted fishing depths;
10° Authorization or prohibition of certain types or fishing processes;
11° The definition of the maximum percentage of bycatch of certain species for certain types of fishing or with certain equipment;
12° Regulation of the use of baits;
13° Conditions for carrying out fishing by-law operations on board vessels;
14° The rules relating to releases of captures, principals or accessories, and releases of plant residues or baits;
15° Marking and recapture obligations;
16° Obligations with respect to fishery observers and inspectors, and equipment made available to them;
17° The place of disembarkation of the captures;
18° Prohibition of the sale, purchase and transport of products that are prohibited from fishing;
19° The obligation to report to the entry and exit of the exclusive economic zone;
20° The definition of fishing restriction areas or measures to promote the establishment of artificial structures for the purposes of exploitation and development of biological resources;
21° Recording of catches, establishing mandatory documents by the producer or, where applicable, the purchaser of the fishery products, the deadline for transmission of these documents to the competent authority;
22° The recording and reporting of data required under the monitoring system for satellite fishing vessels or any other tracking means;
23° The determination of conditions for the conservation, reproduction, replenishment of fishing resources and enrichment or recouping of funds;
24° The determination of fishing sectors and subsectors within the same exclusive economic zone and the rules of attendance of these sectors and subsectors;
25° Prohibitions on the release of non-degradable objects at sea.
Articles 2 and 6 of amended Decree No. 78-963 of 19 September 1978 setting out the conditions under which certain foreign vessels may obtain fishing rights in the economic zones that were created off the coasts of the Overseas Territories are not applicable to Mayotte.
The Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, the Minister of Foreign and European Affairs, the Minister of Interior, Overseas and Territorial Communities, the Minister of Defence, the Minister of Budget, Public Accounts and State Reform, the Minister of Food and Agriculture
Done in Paris, June 29, 2010.
François Fillon
By the Prime Minister:
The Minister to the Minister of Interior,
the overseas and territorial authorities,
loaded with the overseas,
Marie-Luce Penchard
Minister of State, Minister of Ecology,
of energy, sustainable development and the sea,
green technologies
and climate negotiations,
Jean-Louis Borloo
Minister for Foreign Affairs
and European,
Bernard Kouchner
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
Minister of Defence,
Hervé Morin
Minister of Budget, Public Accounts
and state reform,
François Baroin
Minister of Food,
agriculture and fisheries,
Bruno Le Maire
