Law Act No. 2015-18 of July 13, 2015 Act No. 2015-18 of July 13, 2015 on existing maritime fishing explanatory statement legislative Code no longer meets the requirements of sound management of fisheries resources to ensure their sustainable development, it became necessary to rehabilitate it and provide a framework for actions more appropriate to allow the competent authorities to take measures of protection of the resource.
Indeed, difficulties relating to the application of certain provisions of Act No. 98-32 April 14, 1998, and the appearance of new principles, concepts and instruments of management and conservation of fisheries resources, it became necessary to rehabilitate the existing legislative framework. This revision is based on the mutations occurred both at the national and at the international level.
It is thus that the current Bill provides new provisions, including, the fight against illegal fishing, unregulated and unreported (IUU fishing), co-management of fisheries, the hardening of sanctions, the strengthening of fisheries management plans, the principle of precaution and the participatory approach.
The provisions of title IV are new. Inside of some titles, there was redevelopment with the appearance of new chapters, sections or articles. Many provisions of Act No. 98-32 of 14 April 1998 have been extended insofar as they remain valid, even if some have undergone some alterations.
For this purpose, significant changes were made.
Title 1 entitled "General", delimits the scope of the Act. Thus, in accordance with international commitments, Senegalese legislation is applicable, high seas to ships flying the Senegalese flag. On the other hand, the State may grant the right to fish in some categories of legal persons, under conditions set by regulation and new principles and concepts in the management and conservation of fisheries resources are appearing.
In the title 2 heading 'Management and fisheries management', various changes within the chapters.
In Chapter 1, Section one, the content of fisheries management plans has been strengthened so that these instruments can fully play their role in fisheries management. A new Section 2 entitled "Marine ecosystem conservation and management measures" has been introduced. It advocated an integrated management approach ecosystem-based management of fisheries resources. Within this framework, it is anticipated the creation of management tools such as marine protected areas, fish aggregating devices and artificial reefs.
Section 8 provides for the strengthening of the clauses which must be contained in the agreements giving access to the waters under Senegalese jurisdiction in order to better monitor foreign vessels authorized and make better use of these agreements.
In a new Section 10, it is envisaged the establishment of a register of fishing vessels in order to better monitor and control the activities of this type of fishing and participant surveillance has been introduced in Section 11.
In Chapter 2, Section 2, on the industrial fishing licence provisions have been amended. The transfer of the licence to another vessel cannot intervene in the case of final unseaworthiness of the titular ship of the licence. In addition, a license that has not been renewed for a period of 24 months should be a new licence application according to the formalities. These arrangements are made to prevent fraudulent practices taking place in both cases.
In Section 3, the conditions for the exercise of fishing for scientific and technical research in our waters have been greatly improved. Research vessel may be authorized to derogate from the rules laid down in fishing. Foreign research vessels must embark Senegalese scientists. Commercial fishing vessels may be permitted to exercise fishing for research under certain conditions.
In Section 4, the related fishing operations, including transhipment and the collection of fishery products may be authorised by the Minister responsible for fisheries, or, by delegation, by agents placed under its authority.
Section 5 establishes a permit of commercial fishing on foot or from a boat in place and place of the prior declaration provided for by Act No. 98-32 April 14, 1998.
Sections 6 and 7 lay down provisions which regulate for the first time, respectively, sport fishing and fishing for recreation. The practice of these two types of fishing has reached worrying proportions to the point that it has become necessary, in the interest of the resource, to regulate.
Section 8 is a new provision that defines the conditions for the exercise of fishing for aquaculture purposes.
In title 3 «General provisions relating to fishing activities», the prohibition of the use of monofilament or multimonofilaments nylon nets is high at the legislative level.
Also, the registration of all the fishing vessels operating in the waters under Senegalese jurisdiction now concerns both boats belonging to nationals that those belonging to aliens regularly settled in Senegal, in order to better control the activities of the latter.
With the exception of a few categories of vessels, the obligation to at least take an observer is scheduled for all vessels, industrial fishing without discrimination. This obligation will contribute to better control the activities of industrial fishing vessels.
On the other hand, are obliged to all industrial fishing vessels and fishing boats operating in our waters to land their catches in Senegal, which will contribute to the supply of domestic markets and processing units of fishery products.
Title 4 entitled "of the implementation of the port State measures' is entirely new. This integrated title in the right internal commitments made by Senegal at international level as a "Port State" to combat illegal fishing, unreported and unregulated.
In heading 6 "of the quality of products fishing and processing units plan", the definition of the processing of the fishery products unit was taken to better reflect reality.
Title 7 "monitoring and the determination of offences" has an innovation that concerns the introduction of monitoring of fishing vessels by a vessel monitoring system. This is to codify the evolution of technology that allows the use of satellites to monitor ships.
Title 8, entitled "administrative and judicial procedures," fills legal voids by providing clarification in some areas. Thus, the Minister responsible for maritime fisheries appoint by order its representative on transaction and the actual payment of the amount of the transaction out public action. Finally, it is expected that a decree defines the procedures for the exercise of the transaction.
This title also establishes new provisions regarding bail breach of fishing. These provisions provide for the first time that the bond is obtained for the benefit of the State when certain conditions are met.
Title 9 lays down provisions on "offences and penalties", some offences and sanctions were reprécisées and supplemented. Thus, to strengthen deterrents with respect to the commission of the offences of fishing, three measures have been taken: fines are revised upwards, the Commander of a ship implicated in an offence may lose its professional booklet and the possibility of forfeiture of the vessel is planned.
Such is the economy of the present draft law on sea fishing Code.
The National Assembly adopted in its session of Tuesday, June 30, 2015, the President of the Republic enacts the law whose content follows: title first. -General Section first. -Scope of application Article 1. -The provisions of this Act shall apply:-to all natural and legal persons engaged in fishing within the limit of the maritime waters under Senegalese jurisdiction;
-with equipment and fishing vessels, without prejudice to the provisions of international agreements;
-in of Senegalese nationality vessels fishing on the high seas.
Section II. -Of the area under Senegalese jurisdiction art. 2 - maritime jurisdiction waters Senegalese are formed by marine internal waters, the territorial sea, the contiguous, the exclusive economic zone which extends over a width of 200 nautical miles from the baselines for measuring the breadth of the territorial sea.
An order made pursuant to this Act fixed the limits of the maritime waters in rivers and streams.
Section III. -Heritage halieutiquenational s. 3. - fishery resources in the waters under Senegalese jurisdiction constitute a national heritage. The right of fishing in the maritime waters under Senegalese jurisdiction belongs to the State which can authorize an exercise or physical or legal persons of Senegalese or foreign law.
However, without prejudice to that previous, the State may grant the right of some categories of legal persons fishing under the conditions laid down by Decree. These people are organized either on a local or national basis or on the basis of the fisheries.
Article 4. -The management of fisheries resources is the prerogative of the State which sets, to this effect, a policy to protect, conserve and provide for their sustainable exploitation so as to preserve the marine ecosystem. The State is implementing a precautionary approach in the management of fisheries resources.
Section IV. -Of the participative approach Article 5. -In the definition of sustainable development and management of marine fisheries policies, the State shall take appropriate measures to facilitate the consultation and the participation of the organizations of the professionals of the sector, the communities of sea-fishing and all other relevant actors.
Section 6. -L' State promotes co-management of fisheries with the professional of the sector, the maritime fishing communities and other stakeholders. The terms and conditions of implementation of co-management of fisheries are determined by regulatory means.
Section V. - the definition of fishing and related fishing Article 7 operations. -For the purposes of this Act and the regulations for its implementation, means by sin, the Act of capturing or seek to capture, extract or to kill by any means whatsoever of animal or plant species whose normal living environment or dominant is water.
Fishing includes all activities that capture, such as searching for marine organisms and the use of instruments to attract them for direct purpose.
Section 8. -Operations related to fishing means, including: (a) the transfer of fishing in the maritime waters under Senegalese jurisdiction;
(b) the storage, processing or transportation of fishery products in the maritime waters under Senegalese jurisdiction on ships before their first ground, as well as gathering sea fishing products;
(c) supplying or supplying fishing vessels or any other activity of logistical support to sea fishing vessels.
Section VI. -Types of fishing according to the purpose of Article 9. -The purpose referred to in the maritime fishing may be: (a) fishing for subsistence, practiced in traditional form, is designed to catch edible species for subsistence of the fisherman and his family. It is practiced in a nonprofit;
(b) commercial fishing, practiced for profit;
(c) the scientific and technical fishing that has for goal the study of fishery resources and their environment, vessels, gear and other equipment and technical fishing;
(d) sport fishing and underwater fishing, practiced for recreational purposes;
(e) the fishery of edible or ornamental species for aquaculture purposes.
Section VII. -Fishing vessels Article 10. -Under the terms of the provisions of this Act and the regulations for its implementation, means by fishing vessel, any boat, including artisanal, used or equipped for fishing or fishing related operations, as defined by articles 7 and 8 of this Act. Maritime fishing vessels are subject to the legislation on sea-going vessels.
Section VIII. -Artisanal and industrial fishing Article 11. -Fishing craft or industrial is defined according to the means used. The criteria for distinguishing between these types of fishing are specified by regulation.
Section IX. -Vessels fishing Senegalese and foreign fishing vessels Article 12. -All fishing vessels operating in the waters under Senegalese jurisdiction are either Senegalese nationality or foreign nationality.
Any fishing vessel did not have Senegalese nationality is considered to be a foreign fishing vessel.
The conditions for obtaining of the Senegalese nationality of vessels are laid down by an act.
TITLE II. -MANAGEMENT AND DEVELOPMENT OF FISHERIES CHAPTER ONE. -PROVISIONS General Section first. -Article 13 fisheries management plans. -Under the authority of the Minister responsible for maritime fishing, fisheries management plans are based on an annual or multi-year basis. These plans are reviewed periodically on the basis of the evolution of the data which characterize the fisheries.
Under the terms of this Act, the fishery means one or more sets of stocks of species and operations based on these stocks, identified on the basis of geographical, economic, social, scientific, technical or recreational features, can be considered as a unit for the purposes of conservation, management and development.
Fisheries management plans should, inter alia: (a) identify the main fisheries and their characteristics, biological, technological, geographical, social and economic;
(b) specify, for each fishery, the objectives for management and development;
(c) define, for each fishery, the eligible volume of catches, or the level of optimum fishing effort;
(d) specify management, planning and conservation measures to be adopted;
(e) defining programs granting licences or licences for domestic and foreign vessels;
(f) defining the criteria or conditions for granting, suspension or withdrawal of the fishing authorisations.
During the preparation of management plans concerning stocks of species shared in the sub-region, the Minister in charge of maritime fishing confers, either directly or within international organizations, with authorities of the sins of the States concerned, to ensure the harmonization of respective fisheries management plans.
The Minister responsible for maritime fisheries ensures that key players are involved in the preparation and implementation of plans. It also ensures compatibility between the provisions of plans and other documents relating to the marine ecosystem.
Fisheries management plans are approved by Decree.
Section II. -Measures of management and conservation of marine ecosystems in sub-section 1. -General Article 14. -L' State adopt an ecosystem-based integrated management approach, incorporating conservation objectives to ensure the sustainability of species and critical habitats for the renewal of fish stocks or fisheries productivity increased in the fishing areas of the maritime waters under Senegalese jurisdiction.
Section 15. -The conservation of marine ecosystems and management measures are taken on the basis of scientific and technical advice. If necessary, other State services are associated with the creation and implementation processes. Organizations of professionals in the sector, the communities of sea-fishing and possibly other actors may be associated with the development process and to commence the implementation of these measures.
Section 16. -For the purposes of implementing the approach of integrated management based on the ecosystem, the Minister responsible for maritime fisheries be empowered to establish marine protected areas, devices of concentration of fish, artificial reefs, and any other system that can participate in the management and conservation of marine ecosystems.
The terms of implementation and organization management of protected marine areas, the concentration of fish and artificial reefs devices are fixed by order of the Minister responsible for maritime fisheries.
Article 17. -When it is necessary to take into consideration measures of preservation integrating environmental considerations or anthropogenic other fisheries, an inter-ministerial decree is taken by the Minister responsible for maritime fisheries and the Minister concerned, in order better to ensure the protection of resources and marine biodiversity.
Section 18. -Measures of management and conservation of marine ecosystems are taken during the preparation of plans of development, or outside, in case of need.
Sub-section 2. -Protected marine areas Article 19. -Protected marine areas are geographically defined areas to allow the free play of processes, services and the ecological functions of the habitats and species to ensure the conservation and sustainable use of fishery resources that are there.
Sub-section 3. -Article 20 fish aggregating devices. -Fish aggregating devices are solid sets of appropriate architecture and having a large volume. They are floating or submerged and are designed to encourage concentrations of fish, for purposes of management, conservation and exploitation.
Subsection 4. -Article 21 artificial reefs. -Artificial reefs mean the physical layouts of the coastal seabed, the establishment of hard substrates of various origins, including boulders, various materials used industrial and other sets specially manufactured. They are immersed on the sediment in areas selected to increase biological productivity, promote biodiversity and protect the natural habitats.
Section III. -Advisory national Council of marine fisheries
Section 22. -It is created at the national level, a body called the marine fisheries advisory national Council.
The Council, chaired by the Director of marine fisheries, comprises representatives of the Administration of scientific research, socio-professional categories concerned and angling Federation. The powers, composition and mode of operation of the Council are fixed by regulation.
Section IV. -Local councils of fishing craft Article 23. -Local councils of artisanal fisheries may be established in the regions. The conditions of their creation, composition, functions and mode of operation are defined by regulation.
Section v - of the artisanal and industrial fishing Article 24. -L' State promotes the development of artisanal fisheries in light of its vitality, its socio-economic importance, including, its contribution to the fight against poverty, food security and growth. He supported the establishment of institutional mechanisms encouraging the participation of fishermen in the management of resources in a suitable manner, the reservation of certain areas to exploitation by small-scale fishers and, in general, the creation of conditions favouring this sector.
The State also encourages the development of industrial fishing in view of its socio-economic weight through appropriate mechanisms. Special regulatory measures are adopted as appropriate.
Section VI. -From international cooperation in sea fishing Article 25. -The Senegal participates in the activities of the structures and organizations of cooperation in fisheries, at sub-regional, regional and international level. This participation is aimed at the negotiation and conclusion of international agreements and other measures on, inter alia, on the following issues: (a) cooperation in fisheries, particularly the joint management of stocks;
(b) the harmonization and coordination of management and resource management systems;
(c) the determination of the conditions of access to the fishery resources of the States concerned;
(d) the adoption of coordinated measures of surveillance, security and control of the activities of fishing vessels.
Section VII. -Of the Ministerial authorisation for fishing vessels Article 26. -Without prejudice to other applicable rules for the construction, purchase and registration, any project of transformation or conversion of industrial fishing vessel flying the Senegalese flag shall subject to prior authorization by the Minister responsible for maritime fisheries.
The Minister's decision takes into account the availability of exploitable fisheries resources and, where appropriate, the provisions of the plans of development and allowable fishing effort levels.
The provisions of the first paragraph of this article are applied to the artisanal fishing boats under conditions which shall be determined by order of the Minister responsible for maritime fisheries.
Section VIII. -From Article 27 foreign vessels fishing right. -Fishing vessels of foreign nationality may be authorised to operate in the waters under Senegalese jurisdiction either under a fisheries agreement linking Senegal to the State flag or the organization representing that State, or when they are chartered by legal persons of Senegalese law.
Section 28. -Agreements for access to the fishery resources in the waters under the jurisdiction of Senegal shall include: (a) determine the opportunities and types of fishing;
(b) define the amount and terms of payment of royalties and other amounts owed in consideration of the authorizations granted;
(c) specify the number and the characteristics of fishing vessels authorised, as well as the type of fishing allowed;
(d) contain the mandatory marking of vessels authorised to fish in accordance with the provisions in force in Senegal;
(e) provide for an obligation for shipowners to communicate regularly to the competent Department of the Ministry of maritime fishing for the catch data;
(f) engage the responsibility of the State of the flag or the competent organization to take appropriate measures to ensure compliance by the vessels, of the terms and conditions of the agreements, as well as the provisions of the laws and regulations in force in Senegal;
(g) take into account the legislative and regulatory provisions in force;
(h) make mandatory the inclusion of foreign vessels authorized to operate in the waters under Senegalese jurisdiction on the registry of fishing vessels;
(i) provide for an obligation to install a system of monitoring the ships on board;
(j) to provide the boarding of observers and maritime registrants of Senegalese nationality.
Section 29. -The provisions of the agreements of access to fisheries resources in the waters under Senegalese jurisdiction must be compatible with the strategic objectives of the marine fisheries sector development and directions of the existing fisheries management plans.
Article 30. -Chartering of foreign fishing vessels by legal persons of Senegalese law subject to regulatory measures to ensure that these operations are of a transitional nature and are subordinated to Senegal fisheries development policy options and to the State of exploitation of the stocks concerned.
Section IX. -The national register of industrial fishing vessels Article 31. -The Minister responsible for maritime fisheries fixed by Decree the conditions of creation, organization and functioning of a national registry for industrial fishing vessels. The inclusion of industrial vessels on the register is compulsory for obtaining the license.
The registry contains all the required information, particularly on the characteristics of the vessels and their operations in the maritime waters under Senegalese jurisdiction. It can be used as part of cooperation under regional actions in accordance with the States concerned.
Section x. - Records of the artisanal fishing vessels Article 32. -The Minister responsible for maritime fisheries fixed by Decree the conditions of creation, organization and operation of the registers of the boats of fishing at the level of each region of sea fishing and at the national level.
The artisanal fishing boats are listed on records after their registration according to the rules laid down by order of the Minister responsible for maritime fisheries. The information required during the registration of the artisanal fishing boats are used for the registration.
The registers of the artisanal fishing boats are used for purposes of planning, management and conservation of fisheries resources.
Section XI. -Regulatory implementing measures Article 33. -Without prejudice to the other enabling clauses contained in this Act, regulatory measures are, as appropriate, adopted to implement its provisions. These measures include, inter alia, on: (a) special standards to national fishing vessels and foreign fishing vessels;
(b) the special conditions for the granting, renewal, suspension, conversion and withdrawal of the licence of industrial fishing and artisanal fishing licence;
(c) the conditions applicable to fishing for subsistence, sport and commercial scientific and technical research;
(d) the Organization and operation of the system of control and monitoring of marine fisheries;
(e) the installation of a vessel monitoring system;
(f) the rights and obligations of observers, as well as the modalities of their embarkation on board the ships and the conditions for the exercise of their activities;
(g) the conditions for the exercise of participatory monitoring;
(h) the measures of conservation and management of fishery resources, including minimum opening of the mesh of the nets, sizes and minimum weight of the species, periods of closure of fishing areas, limited or restricted access areas, restrictions on catches, limitation or prohibition of certain types of vessels, gear or fishing methods;
(i) the classification of ships and the definition of the types and characteristics of the fishing gear;
(j) the limitation of the volume of certain species by the fixing of a maximum allowable catches, or any other method of management favouring the conservation of resources and protection of the marine environment;
(k) safety of small-scale fishing craft and artisanal fishing gear signal devices.
Chapter II - of the right of fishing Section one - General Article 34. -L' exercise fishing in waters under jurisdiction of Senegalese is subject to authorization by the Minister responsible for maritime fishing issued in the form of licence, permit and authorisation, in accordance with the provisions of this chapter.
Section II - of the industrial fishing licence Article 35. -The exercise of industrial fishing in the maritime waters under Senegalese jurisdiction is subject to possession of a fishing licence issued by the Minister responsible for maritime fisheries, after the opinion of the Advisory Commission of assignment of Licences valid.
The licence is issued on behalf of the owner, shipowner or operator concerned, for a ship carrying a defined type of fishing, for a fixed term. A ship can be a beneficiary, at the same time, more than one license fishing to operate in maritime waters under Senegalese jurisdiction.
The different classes of licences and the fishing corresponding types, as well as the application and award procedures are defined by regulation.
The provisions of this article shall apply to fishing vessels flying the flag Senegalese and operating on the high seas.
Section 36. -The granting of a fishing licence or a renewal thereof is subject to the payment of a fee of which the amount and terms of payment are set by ministerial order made by the Minister in charge of finance and the Minister responsible for maritime fisheries.
Without prejudice to the provisions of the preceding paragraph, the amount and terms of payment of the fees applicable to foreign vessels authorised to fish under an agreement are defined by the provisions of that agreement.
Section 37. -The license must be compulsorily detained ship contractor and presented in case of control officers authorized for that purpose.
Section 38. -Attributed to a given vessel fishing licence cannot be transferred to another vessel, except in the event that led to a final vessel unseaworthiness or overridden by a vessel with a capacity equal to or below.
The case of definitive unseaworthiness are recognized by the competent maritime authority, in accordance with the legislative and regulatory provisions in force.
Section 39. -Any fishing licence has not been renewed for a period of twenty-four (24) months from the date of the expiry of its validity is suspended. Six (6) months after the suspension, the licence is withdrawn if it is not renewed.
This license cannot be overridden in all cases.
Article 40. -The Minister responsible for maritime fisheries may suspend or withdraw a fishing licence for reasons related to the implementation of the land use plans adopted and approved, fisheries or an unpredictable evolution of the State of exploitation of the stocks concerned after Advisory national Council of marine fisheries.
The suspension or withdrawal of a license gives right to the repayment of charges paid in proportion to the period of validity not used.
In addition, in the event of new allocations of licenses, priority is given to vessels whose licences were the subject of a withdrawal pursuant to paragraph 1 of this article.
Section 41. -Licences are established in the forms laid down by regulation and shall be subject: (a) the General conditions provided by this Act and the regulations for its implementation;
(b) in the supplemental general conditions which may be made under the provisions of the following article.
Section 42. -The Minister responsible for maritime fisheries may, after Advisory national Council of marine fisheries, set by order of supplemental general conditions to which are subject of fishing licences or certain categories of fishing licences. These conditions may be related, inter alia, to periods of closure of the fishery, prohibited areas, to minimum mesh size of nets and minimum weight of the species and sizes.
Section 43. -The Minister responsible for maritime fisheries may refuse to issue a fishing licence for a vessel flying the Senegalese flag in the following cases: (a) where the decision of refusal is necessary to ensure proper management of fisheries resources and ensure the successful implementation of the fisheries management plan approved;
(b) if the operations for which the licence is sought are not considered consistent with the objectives of the development of marine fisheries policy;
(c) when the vessel for which the licence is sought does not, on the advice of the maritime authority, to the conditions and technical safety and such airworthiness standards as defined at national or international level or does not respect standards relating to conditions of work on board.
The refusal to grant of the licence to a fishing vessel flying Senegalese flag is explicitly motivated.
Section 44. -The Minister responsible for maritime fisheries may refuse to renew a licence to fish to a ship flagged Senegalese in the following cases: (a) when the vessel for which the renewal of the licence is sought does not, on the advice of the maritime authority, to the conditions and technical security and defined such airworthiness standards at the national or international level or does not standards for conditions of work on board;
(b) if the ship has been transformed or converted without prior approval of the Minister responsible for maritime fishing;
(c) when the license holder ship violates so deliberate and repeated the provisions of the regulation.
The refusal of renewal of the licence to a fishing vessel flying Senegalese flag is explicitly motivated.
Section III. -Of the authorization for the scientific and technical research Article 45 fishing. -The Minister responsible for maritime fisheries may authorize by order of ships of scientific and technical research to operate in waters under Senegalese jurisdiction in accordance with the procedures in force.
The order may authorize the scientific and technical research ships to derogate from the rules prescribed by this Act and the regulations for its implementation under the conditions which it lays down.
In the case of ships of science and technology of foreign nationality, the Minister responsible for maritime fisheries ensures that Senegalese scientists are embedded and that all of the data and information obtained in the waters under the jurisdiction of Senegal, before and after treatment, are forwarded to the competent services.
Section 46. -The exercise of fishing for experimental purposes may be authorized, on an exceptional basis, by order of the Minister in charge of maritime fishing, to vessels fishing for commercial purposes, belonging to persons or entities of private of nationality law Senegalese with a valid fishing licence.
Section 47. -Notwithstanding the provisions of the preceding article, any fishing for experimental program submitted for vessels belonging to natural persons or legal entities of private law of Senegalese nationality, must be the subject of an application for prior authorisation. The request is addressed to the Minister responsible for fisheries maritime, accompanied by the information required by regulation. The authorization is issued after opinion of the allocation of fishing Licences Advisory Committee and following a favourable opinion of the institution of reference fisheries research.
Section 48. -The granting of an authorisation to fish for experimental purposes to a vessel shall entail the suspension of the licence from the date of the beginning of operations. The suspension of the validity of the licence terminates, automatically, at the end of operations.
Article 49. -Where there has been a breach of one or several of the rules prescribed by this Act or the regulations for its implementation, or after notice of the institution of fisheries research of reference, the Minister responsible for maritime fisheries may, at any time during the conduct of operations, withdraw the authorization. The withdrawal of authorisation is without prejudice to other penalties.
Article 50. -Any commercial fishing vessel authorised to fish for experimental purposes must embark, throughout the program, at least a scientist and an agent of the service responsible for the monitoring of fisheries. The shipowner or his representative and the Commander of the ship have an obligation to ensure the scientific and monitoring officer the best conditions of security, working and living on board.
Section 51. -Fishing for experimental operations are conducted under the supervision of the institution of reference fisheries research which deals with the data and information collected. At the end of fishing operations, a report with recommendations addressed to the competent authority by the institution of reference fisheries research. A copy of the report is sent to the owner of the vessel.
Section 52. -The granting of an authorisation to fish for experimental purposes, regardless of the results obtained at the end of the duration of the approval, does not necessarily give right to a license for the type of fishing that has been experienced.
Section 53. -Industrial fishing vessels flying the Senegalese flag and the craft of artisanal fisheries used by maritime training institutions may be authorized by order of the Minister in charge of maritime fishing, to operate in maritime waters under Senegalese jurisdiction for purposes of training.
However, no derogation from the observation of the rules prescribed by this Act and the regulations for its implementation will be granted to ships and fishing boats used by such institutions.
Section IV. -Of the authorization for related Article 54 fishing operations. -The Minister responsible for sea fishing fixed by Decree the conditions under which related fishing operations, inter alia, the transhipment and the collection of fishery products are permitted.
Article 55. -Operations related to fishing, including transhipment and the collection of fishery products, may be authorized in exceptional cases by the Minister responsible for maritime fisheries. The conditions in which related fishing operations are allowed, in particular, the area, species, vessels and gear, are fixed by Decree.
Article 56. -Where a related fishing operation is authorized, in accordance with the legislative and regulatory provisions in force, by a service not covered by the Ministry of maritime fishing, the operation is done in the presence of the officers competent of the Ministry. The authorization shall be notified at least 48 hours prior to the start of operations, the competent services of the Ministry of maritime fishing.
Section v - of commercial artisanal fishing licences Article 57. -The exercise of commercial artisanal fishing on foot or from a boat in the waters under Senegalese jurisdiction is subject to the obtaining of a valid fishing licence issued by the competent services of the Ministry of maritime fishing.
The Minister responsible for maritime fisheries fixed in an order different categories of commercial craft licences as well as the application procedures and for the licensing of fishing.
Section VI. -From sport fishing licences Article 58. -Exercise of sport fishing in the waters under Senegalese jurisdiction is subject to the obtaining of a valid fishing licence issued by the competent services of the Ministry of maritime fishing.
The provisions of the preceding paragraph shall apply to any activity sport fishing exerted from any type of boat, regardless of gear and techniques used.
Section 59. -The angling licence is issued to a specific craft. The issuance of the permit is subject to membership of the craft to a club or sport fishing center affiliated with the National Association of sport fishing which has received delegation of authority from the Minister of tutelage.
The Minister responsible for maritime fisheries fixed in an order different categories of sport fishing licences, types of boats and gear referred, the modalities of issuance as well as the application and award procedures.
Section 60. -It is forbidden to sell products from sport fishing.
The Minister responsible for maritime fisheries takes by order of special measures to protect highly migratory fish species targeted by recreational fishing and the subject of conservation and management measures taken in the context of international organizations which Senegal is a member.
Section VII. -Of the authorization for fishing for recreation Article 61. -The exercise of the recreational fishery is subject to authorization by the competent services of the Ministry of maritime fishing. When a boat is used, the issuance of the authorization is subject to membership in a club or sport fishing Center.
The Minister responsible for maritime fisheries fixed by order the implementation of the provisions of this section.
Section VIII. -Of the authorisation to fish for aquaculture purposes Article 62. -The exercise of fishing for aquaculture purposes is subject to authorization by the competent services of the Ministry responsible for fisheries. The Minister responsible for maritime fisheries fixed by order the implementation of the provisions of this section.
Section IX. -Sport fishing and fishing leisure Article 63 categories. -The different categories of sport fishing and recreational fishing are defined by order of the Minister responsible for maritime fisheries.
Section x. - Royalties Article 64 permissions. -The granting or renewing permits and permission specified in sections V, VI, VII and VIII foregoing is subject to the payment of a fee of which the amount and terms of payment are fixed in an inter-ministerial decree taken by the Minister in charge of finance and the Minister responsible for maritime fisheries.
TITLE III. -General provisions on fishing section 65. -It is prohibited: (a) to use, in the course of fishing, explosives or substances or likely to weaken, paralyze, to stun, toxic bait to excite or kill fish and other marine living organisms;
(b) carrying on board any fishing vessel of substances and substances listed in the previous paragraph;
(c) to use in the performance of underwater fishing all equipment such as scuba, autonomous or not, allowing a person immersed to breathe without going back on the surface.
Article 66. -Are prohibited the import, sale, purchase, detention and the use of gill nets made from monofilament or multimonofilaments nylon except special derogation elements and tablecloths.
Section 67. -Are prohibited at all times and in all places: (a) fishing, possession and marketing of all species of marine mammals.
(b) fishing, the capture, possession and marketing of all species of turtles and the collection of their eggs.
(c) the hunting, capture, detention, and the marketing of all species of sea birds as well as the collection of the eggs;
(d) fishing, possession and marketing of the sawfish.
Section 68. -All small-scale fishing boats belonging to nationals, regardless of the purpose of the fishing gear and techniques used, are registered and marked in accordance with the rules laid down by order of the Minister responsible for maritime fisheries.
The artisanal fishing boats belonging to aliens regularly settled in Senegal are registered and marked in the manner prescribed by the preceding paragraph.
Article 69. -Without prejudice to the rules on the registration of ships and the obligation to display the name, number and the port of registry, industrial fishing vessels authorized to operate in the waters under Senegalese jurisdiction must exhibit permanently the letters and numbers allowing their identification in accordance with the prescribed rules.
Article 70. -The industrial fishing vessels authorised to operate in the maritime waters under Senegalese jurisdiction are required to provide a log of fisheries containing all the data on catches, statistical and other information to the competent Department of the Ministry of maritime fishing in conditions that are prescribed by order of the Minister responsible for maritime fisheries.
Section 71. -Any vessel authorised to fish in the maritime waters under Senegalese jurisdiction is required to communicate to the competent services of the Ministry of maritime fishing, by all appropriate means, its input and output of the waters under Senegalese jurisdiction. It must also declare its position and catches in the conditions and the frequency prescribed by order of the Minister responsible for maritime fisheries.
Article 72. -Any fishing vessel industrial foreigner allowed to operate in maritime waters under Senegalese jurisdiction embarks aboard her at least an observer on the conditions laid down by order of the Minister responsible for maritime fisheries.
For fishing vessels Senegalese flag the boarding of an observer is not systematic. It may be provided for scientific reasons and controlling the terms are defined by order of the Minister responsible for fisheries.
However, the ships less than 50 tons gross tonnage may be exempted to take an observer in the conditions defined by order of the Minister responsible for maritime fisheries.
Article 73. -All industrial fishing vessels and all small-scale fishing vessels authorised to operate in the waters under Senegalese jurisdiction are required in landing their catches in a port or a landing site authorized by regulation, subject to contrary provisions laid down in the fisheries agreements concluded by Senegal.
Means discharging the catch, bringing ashore the products fished for sale, storage, treatment, processing or export.
TITLE IV. -FROM the APPLICATION of section 74 PORT State measures. -Any fishing vessel, foreign or Senegalese, wishing to access a port in Senegal or its services for the purposes of conducting landing operations and / or transhipment of fish products is required to announce beforehand, his arrival at the competent structures, within a period and in the manner laid down by regulation.
Article 75. -Any landing of catch by a foreign ship in a Senegalese port must be subject to an authorisation issued by the competent services of the Ministry of maritime fishing. The issue of the authorization is subject to the results of the inspections carried out by fishery officers referred to in section 84 of this Act.
The results of inspections carried out aboard a foreign fishing vessel in accordance with the provisions of this article, which gave rise to a finding of a violation, are communicated without delay to the State of the flag of that vessel.
Article 76. -Where there is evidence that a vessel of foreign nationality operating outside of the waters under Senegalese jurisdiction is, either committed or fostered by the actions of illegal fishing, either helped commit, said ship will not be allowed to land its catches or use port services in Senegal except in cases of force majeure or distress.
Article 77. -The list of Senegalese ports to accommodate the fishing vessels of foreign nationality is fixed by order of the Minister responsible for maritime fisheries.
Title V. - CULTURES MARINES Article 78 institutions. -Constitutes an establishment of marine cultures, any installation made at sea or on the shore of the maritime jurisdiction waters Senegalese who has aimed at conservation, farming or intensive and marine organisms which causes a rather prolonged occupation of the public domain or, in the case of installation on private property, is fed by the waters of the sea.
Article 79. -The creation and operation of an establishment of marine cultures are subject to prior authorization by the Minister responsible for maritime fisheries, which lays down the special conditions to which the operation will be submitted.
Without prejudice to special rules which may be included in the authorization provided for in the preceding paragraph, the conditions for granting of authorizations of marine cultures institutions subject to a specification approved by order of the Minister responsible for maritime fisheries.
TITLE VI. -ON the quality of fishing and processing section 80 units plan products. -Control of the quality of the fishery products subject to standards defined and adopted on the initiative of the Ministry of maritime fishing.
Article 81. -To adjust the capabilities of fisheries potential treatment, installation and operation of processing units of fishery products are subject to the prior authorization of the Ministry of maritime fishing.
The fishery products processing unit is any premises or vessel in which these products are treated, processed, packed and/or stored, for local sale or export.
Article 82. -Detailed rules for the application of the provisions prescribed by this title are fixed by regulation.
TITLE VII. -THE SURVEILLANCE AND THE FINDING OF THE CHAPTER FIRST OFFENCES. -FROM the first Section fisheries monitoring. -By the competent authority Article 83. -The Minister responsible for maritime fisheries is the responsible authority supervision and coordination of all the activities and surveillance and fisheries protection operations in the maritime waters under Senegalese jurisdiction in accordance with the provisions of this Act and the regulations for its implementation. It takes all the necessary measures to ensure the implementation and enforcement of the provisions of this Act and the regulations for its implementation.
Section II. -Of the jurisdiction for the establishment of the offences section 84. -Are fisheries officers, empowered to search and find infringements of the rules prescribed by this Act and the regulations for its application: (a) the administration of marine fisheries officers;
(b) the officers and petty officers of the Navy;
(c) the officers and NCOs of the Armée de l'air;
(d) national parks officers and agents of the waters and forests;
(e) the administrators of Maritime Affairs;
(f) the judicial police of the National Gendarmerie and Police officers;
(g) Customs officers.
Above mentioned officers non commissioned shall take oath before the regional court of the place where they are called to serve. The oath is registered free of charge at the registry of the Court and is not renewed in case of change of residence within the jurisdiction of another court. The formula of the oath is as follows: "I swear and promise well and faithfully perform my duties and to observe in all the duties which they impose me".
Article 85. -Monitoring agents take practical measures to ensure compliance with the rules prescribed by this Act and the regulations for its implementation. To this effect, even in the absence of special mandate, they may, in particular: (a) order any ship in fishing or conducting related operations to fishing in the waters under Senegalese jurisdiction to stop and perform all manoeuvres necessary for the visit of the ship;
(b) proceed with the visit of the ship at sea.
(c) request the production of the fishing licence, log fishing or any other document relating to the vessel or catches which are on board and possibly make copies of these documents;
(d) inspect fishing gear used on board or from the ship and, to this end, remove from water fishing gear;
(e) examine the catches on board;
(f) visit any local board where they have reason to believe that captured products have been stored;
(g) dockside, to inspect any fishing vessel, of its equipment and its catches;
(h) the inspection of the production of all fishery products processing plant and examine any document relating to catches that are processed or which pass by the hotel.
(i) examine the fishing documents relating to the catches or subjected transhipment;
(j) instruct any reasonably necessary to ensure compliance with the provisions of this Act and the regulations for its implementation.
Article 86. -Any agent to find infringements of the rules prescribed by this Act and the regulations for its application may, if it deems appropriate, require the forces of order, assistance in personnel and material which it is essential to ensure its mission or the compliance with the provisions laid down in this Act and the regulations made for its implementation.
CHAPTER II. -RESEARCH and the recognition of offences Section one. -General Article 87. -In the exercise of the powers conferred on it by section 84 of this Act, the Commander of a ship or a surveillance aircraft can, by any means sound, light, Visual or radio, sommer any vessel fishing in the maritime waters under Senegalese jurisdiction to stop immediately.
When several fishing vessels are in the area where operates the ship or surveillance aircraft, the signals issued by the latter are directed at all and the order to stop must be executed by all the ships.
However, when the vessel is fishing, he was given the opportunity to complete his assignment. However, instead of the first detection remains the place where the offence celle - ci is, where appropriate, found.
In the case of operations from a building monitoring, if the fishing vessel refuses to stop at the third summons, a warning shot or a gust can be pulled to its height to force him to stop. This warning is repeated twice. After the third warning, if there is failure to comply, the commanding officer of the vessel or surveillance aircraft is allowed to shoot at the goal.
Article 88. -A fishing vessel for which the prosecution has been commenced within maritime waters under Senegalese jurisdiction may be boarded and diverted beyond the limits of these waters and led to the Senegalese port the nearest or the most appropriate by the patrol vessel.
The right of pursuit is exercised in accordance with international law, in particular the provisions of article 111 of the United Nations Convention on the law of the sea, and ceases when the pursued fishing vessel enters the territorial sea of the of the flag State or of a third State. However, the provisions of this article are without prejudice to special methods for pursuit within the framework of international agreements at bilateral or subregional scale.
Section II. -To the realization of Article 89 offences procedure. -Given the weather conditions, the nature of the offence and the difficulties that can meet the aircraft or vessel monitoring in the execution of its mission, two procedures can be used to search for and find fishing offences by industrial fishing vessels, namely the ordinary procedure and the procedure to view.
Article 90. -The ordinary procedure is used in cases where the conditions allow the visit of the ship, the controlled vessel is single and has immediately complied with the order to stop.
The ordinary procedure involves a team led by a fishery officer to be sent aboard the fishing vessel. This team has for mission to verify the documents on board and the fishing logbook, fishing gear and catch. When it appears that an offence has been committed, the team leader recover the fishing log and notes information position, route and speed that it is in the fishing log, making sure to number the corresponding pages in the document and put his signature to the information he has collected. It draws up the minutes of the offence.
Section 91. -The search and view determination procedure is used when conditions do not allow the visit of the vessel, the fishing vessel has not complied with the demands or fled or the fishing vessels in the area are in large number to be controlled individually.
The procedure to view cannot intervene to the finding of violations for failure to licence, refusal to comply with the order to stop, during a prohibited period, fishing in a prohibited zone and in case of unauthorized fishing related transactions.
In the particular case the search and the finding of infringements by an aircraft, relevant information shall be recorded by the crew. These information, including photographs, are evidence authentic until evidence to the contrary.
Article 92. -The procedures laid down in articles 90 and 91 of this Act are without prejudice to other procedures which can be set by regulation, particularly in cases where fishing offences are detected by a surveillance officer using information provided by designated persons, particularly in the context of arrangements for cooperation implemented in regional monitoring stations of fisheries.
Article 93. -When supervision is exercised through a system of monitoring the ships, the information identified by the officials authorised under article 84 of the Act constitute evidence authentic until evidence to the contrary.
Section 94. -The measures taken to stop an offence subject, surveillance operations are conducted so as to cause minimal disruption to fishing activities. Regulated agents limit their audit operations to respect rules prescribed by this Act and the regulations for its implementation.
Section III. -Of the certificate of offence Article 95. -Fishing offences give rise to the establishment of a report containing all relevant information relating to the offence, all elements or circumstantial evidence and potential evidence. The minutes shall be signed by the enforcement officers, prospective witnesses and, by the author of the offence that can make its observations. In case of refusal of signature or of absence of the author of the offence, reference is made to the minutes. An order of the Minister responsible for maritime fisheries establishes a pattern of minutes.
Article 96. -The minutes together with all relevant documents is transmitted to the Minister responsible for maritime fisheries or to his representative.
A copy of the minutes is sent immediately to the competent public prosecutor.
Article 97. -Where no official of the offence or the ship could not be heard or identified by the Senegalese authorities, the minutes is sent to the public prosecutor for the opening of an investigation.
Article 98. -The upright minutes are prima facie evidence to the contrary of the accuracy of the offences that they find as well as accuracy and sincerity of confessions and statements that they are.
CHAPTER III. -Article 99 provisional measures. -Any vessel fishing which gave rise to the establishment of a certificate of offence may be confused and leads to the nearest or the most appropriate Senegalese port by the ship of monitoring or surveillance aircraft order.
Article 100. -At the request of enforcement officers, the fishing vessel subject to a trial-verbal offence must immediately join the Senegalese port indicated they him. The captain of the fishing vessel is responsible for the conduct of the audit port vessel.
In all cases, the finding of the offence of unauthorized fishing provided for in article 122 of this Act gives rise to the rallying of a Senegalese port in accordance with the provisions of the preceding paragraph. In the case of fishing in a closed area, the vessel must immediately leave the area in question.
Section 101. -Any vessel used to commit an offence to the rules prescribed by this Act or the regulations for its implementation is retained in a Senegalese port until full payment of the corresponding penalties or until payment to the Caisse des Dépôts et Consignations of a bond in the conditions laid down by articles 114 to 117 of this Act.
However if it is a ship flying Senegalese flag, the notification of the infringement must be made within 72 hours of retention. Failing that the hands of the ship is immediate.
Section 102. -The unit of the National Gendarmerie of the port has the custody and control of the vessel during the period of immobilization. Costs y related are the responsibility of the owner of the boat, the vessel or the shipowner.
Article 103. -The representative of the Minister responsible for maritime fisheries may conduct the seizure, on a provisional basis, of any vessel's fishing products and equipment used to commit an offence under the rules prescribed by this Act and the regulations for its implementation.
Article 104. -Likely seized deterioration products are evaluated by the competent services of the Ministry responsible for fisheries and their value is recorded by the shipowner or his representative to the Caisse des Dépôts et Consignations until the conclusion of a transaction or the decision of the court seised.
In case of disagreement on the value of the products, the fisheries administration carries out the sale by public auction and the sum collected is recorded to the Caisse des Dépôts et Consignations until the conclusion of a transaction or the decision of the Court.
For artisanal fishing sale of products liable to deterioration is made by the head of the regional department or his representative and the amount recorded in the Caisse des Dépôts et Consignations.
TITLE VIII. -ADMINISTRATIVE PROCEDURES AND JURISDICTIONAL CHAPTER ONE. -Section 105 TRANSACTIONS. -The Minister responsible for maritime fisheries or his representative, is authorized to Transact on behalf of the State with the authors of infringements of the rules prescribed by this Act and the regulations for its implementation. He is assisted by an advisory commission of the offences for which the composition and powers are laid down by regulation.
Material of industrial fishing and artisanal fishing, the representative of the Minister responsible for maritime fisheries is appointed by Decree.
Article 106. -The conclusion of the transaction may be subject to the abandonment of seized products and gear or the amount of the sale of the products seized for the benefit of the State.
Article 107. -The conclusion of the agreement should lead to the immediate payment of a fine. Failure to pay results in referral to the competent court and the detention of the vessel.
Article 108. -The amount of the fine may be lower at least of the fine imposed for the offence committed.
Article 109. -The effective payment of the fine following the transaction turn off public action.
The public prosecutor shall be notified.
Section 110. -The transaction can only be granted in the event of indemnification.
Section 111. -Payment of the fine implies recognition of the offence and is in lieu of first definitive conviction for the determination of recidivism.
Article 112. -The procedures for the exercise of the transaction are defined by Decree.
CHAPTER II. -OF the DESTINATION of the goods seized or CONFISCATED Article 113. -The Minister responsible for maritime fisheries or his representative or the competent court decides, depending on the case, the final destination of property seized or confiscated as accessory punishment, in accordance with the regulations in force.
CHAPTER III. -THE payment of a bond Article 114. -The Minister responsible for maritime fisheries or his representative or the competent court, as the case may be, proceeded to the release of the vessel selected in accordance with the provisions of articles 100 and 101 of this Act, upon the payment of a bond, at the request of the captain, the owner or consignee of the ship owner.
The decision to release occurs within a maximum period of sixty twelve hours after the introduction of the request.
Article 115. -The amount of the bond must not be less than the fine imposed for the infringement. The Minister responsible for maritime fisheries or his representative, assisted by the Advisory Committee referred to in article 105 of this Act or, where the Court, sets the amount of the bond.
Section 116. -The bond is rendered in the following cases: (a) a final decision of dismissal or acquittal has been pronounced in favour of the accused.
(b) a transaction has been fully resolved;
(c) the Court sentenced the offenders and ila was for the full payment of the fines, damages and fees by persons who are held and, where appropriate, penalties due to late payment.
Article 117. -The bond is acquired for the benefit of the State at the request of the Minister responsible for maritime fisheries or his representative: (a) where the offenders were sentenced by the Court, after a period of three months from the date of exhaustion legal remedies, if it has not made full payment of fines , damages and expenses by the persons as required;
(b) after a period of three months from the date of conclusion of a transaction between the competent authority and the author of the offence, if it has not made full payment of the fine by transaction.
In all cases when the bond is higher than the amount of the fine by transaction or one set by the final decision of condemnation, the surplus is rendered.
CHAPTER IV. -OF the legal proceedings section 118. -The courts of the Republic of Senegal are competent to deal with all offences within the rules prescribed by this Act and the regulations for its application in the maritime waters under Senegalese jurisdiction.
Article 119. -The actions and prosecutions are carried out directly by the representative of the Minister responsible for maritime fishing, before the competent courts, without prejudice to the right which belongs to the Crown about these courts.
Properly cited or warned by prosecutors, exposes the case before the Court and is heard in support of its conclusions.
Article 120. -Judgments for breach of the rules prescribed by this Act and the regulations for its implementation are notified, in addition to the opposing party, the representative of the Minister responsible for maritime fisheries. It may, concurrently with the public prosecutor's appeal.
When called by one of the parties, the representative of the Minister responsible for maritime fisheries has the right to put the case before the Court and to file its findings.
Article 121. -Public action on infringement of the rules prescribed by this Act and the regulations for its application shall lapse within a period of three years from the day on which the offence.
TITLE IX. -OFFENCES and penalties Article 122. -Except in cases provided for by articles 129 to 131, for the offences of industrial fishing, the Commander of the ship, and for small-scale fisheries offences, the person in charge of the vessel or craft, are held personally liable for infringements of the rules prescribed by this Act and the regulations for its implementation.
It is assumed that they had knowledge and accepted the offence committed by persons employed or carried on the ship or fishing boat or that Jockey engine fishing gear.
The captain of the ship and the owner of the vessel or the shipowner, for industrial fishing offences, and the person in charge of the boat and the owner, for small-scale fishing offences, are held jointly and severally liable for the payment of the fines imposed as well as damages and costs.
Article 123. -The exercise of industrial fishing by foreign vessels not authorised to operate in the waters under the jurisdiction of Senegal is punishable by a fine of 500,000,000 to 1,000,000,000 CFA francs. In addition, confiscation of catches and fishing gear on board is pronounced.
The Court may also order the confiscation of the ship.
Where the offence is committed by means of a ship that was used in the commission of a previous offence, forfeiture is pronounced.
The industrial fishing by vessels of Senegalese nationality not authorized to operate in waters under the jurisdiction of Senegal is punishable by a fine of 40,000,000 to 50,000,000 CFA francs. In addition, confiscation of catches and fishing gear on board is pronounced.
Article 124. -The exercise of artisanal fishing without licence or authorization, on foot or from a boat in the waters under Senegalese jurisdiction by foreign persons is punishable by a fine of 500 000 to 1 500 000 francs CFA. In addition, the confiscation of the fishing gear and of the catches is pronounced.
The exercise of artisanal fishing without licence or authorization, on foot or from a boat in the waters under Senegalese jurisdiction by people of Senegalese nationality is punishable by a fine of 200 000 to 300 000 francs CFA. In addition, the confiscation of the fishing gear and of the catches is pronounced.
Article 125. -Are classified as very serious infringements of industrial fisheries: (a) the use of gear or fishing methods prohibited;
(b) transhipment or collection of catch unauthorized;
(c) fishing in areas prohibited;
(d) the fishing periods prohibited;
(e) the use for all types of gear all means or devices which have the effect to make the authorized less than minimum aperture mesh opening or reduce the selective action of fishing gear;
(f) the use of a fishing vessel for a different type of operation for which it is authorized under the category of licence that he holds;
(g) the misrepresentation of the technical specifications of vessels and in particular those relating to the gross registered tonnage of vessels authorised to operate in the maritime waters under Senegalese jurisdiction;
(h) the use of explosives or toxic substances for fishing purposes or their carriage on board fishing vessels;
(i) the failure of landing of catches allowed in ports or other sites where there is an obligation of landing;
(j) the refusal for a fishing vessel in the waters under jurisdiction of Senegal to comply with an order to stop given by monitoring vessel.
The offences defined in this section shall be punished by a fine of 20,000,000 to 30,000,000 francs CF A. In addition, confiscation of catches on board is pronounced. In the cases referred to in paragraphs (a), (e) and (h), respectively, gear, devices used to reduce the selectivity of the gear as well as explosives and toxic substances are confiscated and destroyed.
Article 126. -The offences referred to in article 125 shall apply to small-scale fisheries, with the exception of that provided for in sub-paragraph (i). These offences, as well as the non-compliance with standards of security of the artisanal fishing vessels, shall be punished by a fine of 150 000 to 300 000 francs CFA.
In addition the confiscation of catches on board is prolloncee.
In the case referred to in the paragraph (e), the devices used to reduce the selectivity of fishing gear were confiscated and destroyed. In the case referred to in paragraph (h), explosives and toxic substances are confiscated and destroyed.
Article 127. -Are referred to as industrial fishing offences: (a) the violation of the rules on the size of the mesh of nets (b) disrespect of the rules relating to fishing related operations;
(c) the capture and retention of marine species in violation of prescribed provisions;
(d) the violation of standards relating to catches and their destination;
(e) failure to comply with the obligation to communicate the inputs and outputs as well as the positions and catches;
(f) the violation of the provisions relating to the marking of fishing vessels adopted under section 68 of the Act);
(g) the disrespect of the requirement to communicate statistical data and information on catches in the fishing and the provision of data logs or false or incomplete information;
(h) the destruction or voluntary damage fishing boats, gear or nets belonging to third parties;
(i) the destruction or concealment of evidence of an offence under the rules prescribed by this Act and the regulations for its implementation;
(j) the disrespect of the rules relating to the limitation of certain species by the fixing of a maximum of TACs;
(k) breach of the duty to take one or more observers when it is provided for by this Act or the regulations for its implementation;
(l) the capture, detention, landing, sale and marketing of species whose sizes or weights are below authorized minima;
(m) the marketing of sport fishing products. The offences defined in this section shall be punished by a fine of 5,000,000 to 8,000,000 CFA francs. In addition, confiscation of catches on board is pronounced.
Article 128. -For the sanctions provided for in articles 123,125 and 127, the amount of the fine incurred is set at one-quarter for trawlers of less 50 tons, gross tonnage.
This provision is applicable to trawlers registered in the national register of fishing vessels since at least ten years from the enactment of this Act.
Article 129. -Serious offences determined by article 127 shall apply to the fishing craft with the exception of those referred to in subparagraphs, (d), (e) and (g). These offences so that the non-compliance with the rules of registration of the artisanal fishing boats are punished by a fine of 50 000 to 150 000 francs CFA.
In the case referred to in paragraph (c) of article 127, catches are confiscated.
Article 130. -The provisions of the penal Code are applicable when corruption offences have been committed in the maritime waters under Senegalese jurisdiction.
Article 131. -Whoever intentionally prevents a surveillance officer, duly authorized person or an observer to perform duties is punishable by imprisonment of one month to six months and a fine of 200,000 to 500,000 francs.
Article 132. -Anyone who assaults or opposed with violence to the action of a surveillance officer, a person duly authorized or observer in the exercise of its functions or threat of violence said agent or observer is punished by imprisonment from six months to one year and a fine of 500. 000 to 1,000,000 francs.
Article 133. -Other offences, in the industrial and artisanal fisheries, to the rules prescribed by this law which are not expressly set forth in this title, shall, following qualification of their seriousness by the authority empowered to see them, punishable by the penalties provided for in articles 125 to 129.
Article 134. -The amount of the fines provided for in the preceding articles, particularly those laid down in articles 122 to 128 is fixed within the limits determined by law depending on the nature of the offence, the technical and economic characteristics of the vessel, the kind of practical fishing, the species fished and the expected economic benefit.
Section 135. -In the case of recidivism, for offences under sections 123 to 129, the amounts of the fines are worn twice. In addition, the Minister responsible for maritime fisheries takes protective measures and the Court ordered the confiscation of all catches and gear on board.
There are recidivism when in the two years following a first definitive conviction for offences under articles sus, the offender commits another offence of the same nature. Means same offences, offences under the provisions of a same article of this Act.
Article 136. -The Minister responsible for maritime fisheries may, taking into account the seriousness of the offence committed by the captain of a fishing vessel flying Senegalese flag, ask the competent maritime authority, suspension or definitive withdrawal of the professional booklet from the master of the vessel.
The competent maritime authority takes all necessary mesmes so that, during the period of suspension of the libretto, its owner is not allowed to embark on board a fishing vessel flying the Senegalese flag.
For vessels flying foreign flags, the Minister responsible for maritime fisheries may, where the offence was committed by the Commander in the waters under Senegalese jurisdiction, and taking into account the seriousness of offence, asking the competent maritime authority the provisional retention of the professional booklet from the master of the vessel until full payment of the fines, damages and fees.
Article 137. -The distribution and allocation of the proceeds of the fines, transactions or forfeitures imposed pursuant to the provisions of this Act are fixed by Decree.
TITLE x. - final provisions Article 138. -Are repealed all provisions contrary to this law, including those of Act No. 98-32 April 14, 1998 on sea fishing Code.
This Act will be enforced as law of the State.
Made in Dakar, July 13, 2015.
By the President of the Republic: Prime Minister Mahammed Boun Abdallah DlONNE