Decree No. 2010 - 727, June 29, 2010 Laying Down The Conditions Under Which Vessels Flying Flag Of A Foreign State May Be Authorised To Fish In The Economic Area Located Off The Coast Of Mayotte

Original Language Title: Décret n° 2010-727 du 29 juin 2010 fixant les conditions dans lesquelles des navires battant pavillon d'un Etat étranger peuvent être autorisés à pêcher dans la zone économique située au large des côtes de Mayotte

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Summary pursuant to article 62 of the Act 2009-594.
Keywords overseas, MAYOTTE, fishing, water territorial and economic ZONE, fishing vessel, State foreign, ship overseas, area fisheries, fishing exercise, fishing law, authorization, regulation, control, authority competent JORF n ° 0149 by June 30, 2010 page 11823 text no. 77 Decree No. 2010-727, June 29, 2010 laying down the conditions under which ships flying flag of a foreign State may be authorised to fish in the economic area located off the coast of Mayotte NOR : OMEO1011264D ELI: https://www.legifrance.gouv.fr/eli/decret/2010/6/29/OMEO1011264D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2010/6/29/2010-727/jo/texte Prime Minister, on the report of the Minister of the Interior, of the overseas and local authorities, having regard to the agreement establishing the adopted Indian ocean tuna commission on November 25, 1993.
Having regard to the agreement for the purposes of the application of the provisions of the convention of the United Nations on the law of the sea of 10 December 1982 relating to the conservation and management of fish stocks occur both within and beyond exclusive economic zones (straddling stocks) and highly migratory fish stocks opened for signature in New York on 4 December 1995;
Having regard to the general code of territorial communities;
Having regard to Act No. 76-655 16 July 1976 as amended relating to the economic zone off the coast of the territory of the Republic;
Considering law No. 83-582 5 July 1983 on the entry plan and completing the list of regulated agents to observe the offences in the field of marine fisheries;
Having regard to Decree of January 9, 1852, on the exercise of the maritime fishing, amended by Act No. 2009-594, may 27, 2009, for the economic development of overseas, in particular articles 9 and 13 of this Decree;
Considering Decree No. 77 - 1067 of September 12, 1977, defining the straight baselines for the determination of baselines from which is measured the width of the territorial waters French adjacent to collectivity of Mayotte;
Considering Decree No. 78-149 February 3, 1978, establishing, in application of the law of July 16, 1976, an economic zone off the coast of the territorial community of Mayotte;
Mindful of Decree No. 78-963 19 September 1978 amended laying down the conditions under which foreign vessels may obtain fishing rights in the economic zones that have been created off the coast of alongside of the overseas territories and the territorial entity of Mayotte;
Mindful of Decree No. 84-846 12 September 1984 laying down detailed rules for the application of Act No. 83-582 5 July 1983 concerning the arrangements of the seizure and supplementing the list authorized agents to observe the offences in the field of marine fisheries;
Considering Decree No. 89 - 1018 of 22 December 1989 concerning the application of the Decree of January 9, 1852, amended on the exercise of marine fisheries with respect to the determination of the minimum size of some fish and other marine animals.
Mindful of Decree No. 90-95 dated January 25, 1990 amended fixing the General conditions of the maritime fishing in fishing areas not covered by the Community rules on conservation and management;
Mindful of Decree No. 97 - 156 of 19 February 1997 on the organisation of services devolved Maritime Affairs, enacts as follows: Article 1 more on this article...

The exercise of fishing by vessels flying flag of a foreign State in the economic zone of Mayotte is subject to the grant of a licence under the conditions laid down in the following articles.
Foreign assistance ships operating in the economic zone of Mayotte must also have a license and are subject to the same obligations.
The exercise of fishing by other foreign ships that those with a licence is prohibited.


Article 2 more on this article...

The provisions of this Decree shall not apply to the exercise of scientific or experimental fishing. It is subject to obtaining a special licence issued by the prefect of Mayotte.
The prefect of Mayotte regulates the exercise of this fishery.


Article 3 read more on this article...

Licences shall be issued by decision of the prefect of Mayotte after the opinion of the Minister of Foreign Affairs, the Minister of marine fisheries and the Minister in charge of the overseas.
The prefect of Mayotte fixed, where appropriate, the number of licences that may be issued, including taking into account the biological capacity of the area concerned. It can also limit the catch per vessel per order.
When the prefect of Mayotte sets fishing quotas on the basis of the total allowable catches set out in section 8 of this Decree, it shall issue to shipowners who so request, for each of the vessels, a licence which is granted within the limits of the available quota.
The information that must be communicated by armaments when applying for the licence and the licensing procedure are defined by order of the prefect of Mayotte, after consultation with the Minister for Foreign Affairs, the Minister responsible for maritime fisheries and the Minister in charge of the overseas.
Each licence shall determine, in particular, the period and areas of fishing allowed, species or groups of species and fishing gear authorized.
In order to fish, a licensed vessel shall comply with the applicable regulations, the technical specifications annexed to the licence and the applicable management or conservation measures adopted by a competent regional fisheries management organization.
These technical requirements including secure terms: ― declaration of catches mainly targeted species and bycatch;
― mitigation of incidental catch of birds, reptiles and mammals;
― prohibition of discarding of non-degradable material objects;
― declaration of entry and exit from the economic area of Mayotte;
— identification and tracking by means of vessels authorized;
― of embarkation or transfer and hosting of a controller of fishing or a scientific observer.


Article 4 more on this article...

Fishing licences shall be issued following verification of the legal, economic, financial and technical capacity of the arming of the receiving ship and taking into account inter alia: 1 ° a real economic link of the ship with the territory of the State which it flies the flag, including the direction and control of ships from a permanent establishment situated in the territory of the State of which the ship flies the flag;
2 ° of the prior art in the fishery;
3 ° of the orientations of the market;
4 ° the socio-economic balance;
5 ° of the participation of the shipowner in experimental campaigns aimed at mitigating the impact of fishing on the environment or initiatives aimed at the protection of the resource and the environment;
6 ° of offences possibly committed in previous years;
7 ° the commitment to board a fishing controller or a scientific observer, if requested by the prefect;
8 ° the possible inclusion of the vessel or the shipowner on a list of vessels or operators involved in illegal fishing activities (illegal, unreported and unregulated) established by the European Union or by a regional fisheries management organization.


Article 5 read more on this article...

The period of validity of the fishing licence, which may not exceed one year ceases on 31 December of the year of issue.
The licence must be kept on Board at all times, it cannot be transferred or sold.
The refusal of an application for a licence must be motivated and notified to the applicant.


Article 6 read more on this article...

The issuance of a licence gives rise to the payment of an annual financial contribution by armament, on terms laid down by order of the prefect of Mayotte, after consultation with the Minister of Foreign Affairs, the Minister responsible for maritime fisheries and the Minister in charge of the overseas.
The annual financial contribution includes a fixed part, which must be paid before the issuance of the licences, and a variable part.
The fixed part includes an amount covering a fixed weight of catches in the economic zone of Mayotte. It may also include a charge for costs of surveillance and observation.
The variable part applies for catches beyond a certain tonnage and must be paid within a period of two months after the end of the marketing year and no later than 1 November of the current year.
Catches, including the accounts must be kept, also subject to financial compensation.
Any breach of the obligations of this section arms causes the immediate suspension of the licence by the prefect of Mayotte.


Article 7 read more on this article...

The licence may be withdrawn without compensation by the prefect of Mayotte after concerned armaments has been able to submit its comments, in cases where: 1 ° the provisions of this decree or adopted in implementation of this order have not been met;
2 ° the fishing controller or the scientific observer onboard has been hampered in any way in the exercise of its functions or tasks, including because of a lack of cooperation on the part of the crew;

3 ° the characteristics or the mode of operation of the vessel have changed and no longer meet the conditions for the issuance of the licence;
4 ° the ship has been sold or transferred to a title any.


Article 8 more on this article...

To ensure the long-term conservation and optimum of fisheries resources exploitation, the prefect of Mayotte may prescribe, by order, for a maximum of three years, total allowable catches by species or group of species for areas, periods of activity and donated gear, after the opinion of the Minister of Foreign Affairs, the Minister responsible for maritime fisheries and the Minister in charge of the overseas.
When a total allowable catch shall be deemed exhausted, the continuation of fishing of the species or group of species by concerned arms is prohibited by order of the prefect of Mayotte.


Article 9 read more on this article...

The prefect of Mayotte determines by Decree, after consultation with the Minister of Foreign Affairs, the Minister of marine fisheries and the Minister in charge of the overseas, the rules relating to: 1 ° the permanent or temporary prohibition and regulation of the fishing of all or certain species in certain areas.
2 ° the size or weight of the catches below which must be immediately released;
3 ° the proportion of catch less than size or minimum weight mentioned in 2 ° above which fishing operations may be interrupted;
4 ° the rules relating to the treatment of the species not marketed;
5 ° the rules governing the implementation of experimental methods;
6 ° the obligations and prohibitions relating to the mitigation of incidental catch of birds, reptiles and mammals;
7 ° the rules relating to machines, instruments and apparatus used for fishing purposes, to the size of the mesh; nets and the technical characteristics of the vessels
8 ° the rules relating to hours and seasons open to fishing.
9 ° the depths of fishing allowed;
10 ° the authorization or prohibition of certain types or methods of fishing;
11 ° the definition of the maximum percentage of catches of certain species for certain types of fishing or with certain gear;
12 ° the regulation of the use of bait;
13 ° the conditions for performing operations incidental to fishing vessels;
14 ° rules relating to releases of main or incidental catches, and discharges of residues of plant or bait.
15 ° the obligations for marking and recapture;
16 ° the obligations of observers and inspectors of fisheries and of the material that is put at their disposal;
17 ° instead of landing of catches;
18 ° the prohibition of sale, purchase and transport of the products which fishing is prohibited;
19 ° the obligation of reporting at the entrance and exit of the exclusive economic zone;
20 ° the definition of areas or fishing restriction measures to facilitate implantation of artificial structures for the purpose of exploitation and development of biological resources;
21 ° registration of catches, the establishment of mandatory documents by the producer or, where applicable, the purchaser of the fishery products, delays of transmission of these documents to the competent authority;
22 ° the recording and disclosure of the data required in the context of the system of surveillance of vessels fishing by satellite or other means of identification;
23 ° determination of the conditions of conservation, breeding of replenishment of the fishing and enrichment or for restocking supplies of funds;
24 ° determination of the sectors and sub-sectors of fisheries within a same exclusive economic zone and the rules of attendance of these sectors and sub-sectors;
25 ° bans on discarding of non-degradable material objects.


Article 10 more on this article...

Articles 2 and 6 of Decree No. 78-963 19 September 1978 amended laying down the conditions under which foreign vessels may obtain fishing rights in the economic zones that have been created off the coast of the overseas territories are not applicable to Mayotte.


Article 11 read more on this article...

The Minister of State, Minister of ecology, energy, sustainable development and the sea, in charge of green technologies and the negotiations on the climate, the Minister of the foreign and European Affairs, the Minister of the Interior, of the overseas and territorial collectivities, the Minister of defence, the Minister of budget, public accounts and the reform of the State , food, agriculture and Fisheries Minister and Minister to the Minister of the Interior, of the overseas and local authorities, responsible of the overseas, are responsible, each in relation to the execution of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, June 29, 2010.
François Fillon Prime Minister: the Minister with the Minister of the Interior, of the overseas and local authorities, responsible of the overseas territories, Marie - Luce Penchard the Minister of State, Minister of ecology, energy, sustainable development and the sea, in charge of green technologies and climate negotiations, Jean-Louis Borloo Minister of Foreign Affairs and European, Bernard Kouchner the Minister of the Interior , of the overseas and territorial collectivities, Brice Hortefeux Defence Minister Hervé Morin Minister of budget, public accounts and the reform of the State, François Baroin Bruno Le Maire, Minister of food, agriculture and fisheries

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