The National Assembly adopted at its meeting on Tuesday 30 June 2015,
The President of the Republic enacts the following legislation:

TITLE I. -GENERALITES

First Section. -Scope of application

Article 1. -The provisions of this Law shall apply:

-to all natural and legal persons engaged in fishing within the limits of maritime waters under Senegalese jurisdiction;

-fishing equipment and vessels, without prejudice to specific provisions of international agreements;

-Senegalese vessels fishing in the High Seas.

Section II. - From the area under Senegalese jurisdiction

Art. 2. Maritime waters under Senegalese jurisdiction consist of inland marine waters, the territorial sea, the contiguous zone, the exclusive economic zone which extends 200 nautical miles from the basic lines having Used to measure the width of the territorial sea.

An order made pursuant to this Act establishes the limits of marine waters in rivers and rivers.

Section III. - Abeutiquenational heritage

Article 3. - The fisheries resources of waters under Senegalese jurisdiction constitute a national heritage. The right to fish in maritime waters under Senegalese jurisdiction belongs to the State which may authorise the exercise of the right to one or more natural or legal persons of Senegalese or foreign law.

However, without prejudice to the previous provisions, the State may grant the right of fishing to certain categories of legal persons under the conditions laid down by decree. These people organise themselves either on a local or national basis or on the basis of fisheries.

Article 4. -The management of fisheries resources is a prerogative of the State, which defines, for this purpose, a policy to protect, conserve and provide for their sustainable use in order to preserve the marine ecosystem. The State is implementing a precautionary approach in the management of fisheries resources.

Section IV. -From the participatory approach

Article 5. -When defining policies for the sustainable development and management of maritime fishing activities, the State shall take appropriate measures to facilitate the cooperation and participation of the organisations of industry professionals, Fishing communities and all other relevant actors.

Article 6. -The State shall promote the co-management of fisheries with the organisations of industry professionals, the maritime fishing communities and all the other stakeholders concerned. The terms and conditions for the implementation of fisheries co-management are determined by regulation.

Section V. -Definition of fishing and fishing-related operations

Article 7. -For the purposes of this Act and the regulations made for its application, means fishing, the act of capturing or seeking to capture, extract or kill by any means any animal or plant species of which the normal living environment Or dominant is water.

The fishery includes all activities related to direct capture, such as the search for marine organisms or the use of instruments to attract them.

Article 8. -By related fishing operations, the term includes:

(a) the transhipment of fishery products in maritime waters under Senegalese jurisdiction;

(b) the storage, processing or transport of fishing products in maritime waters under Senegalese jurisdiction on board vessels prior to their first release, as well as the collection at sea of fishery products;

(c) the refuelling or supply of fishing vessels or other logistical support activities to fishing vessels at sea.

Section VI. - Types of fishing by purpose

Article 9. - The purpose of the marine fishery may be to:

(a) the subsistence fishery, which is practised in traditional form, is intended to capture edible species for the subsistence of the fisherman and his family. It is carried out on a non-profit basis;

(b) commercial fishing carried out for profit;

(c) scientific and technical fishing for the study of fisheries resources and their environment, vessels, gear and other equipment, and
Fishing techniques;

(d) recreational fishing and underwater fishing for recreational purposes;

(e) the fishing of edible or ornamental species, used for aquaculture purposes.

Section VII. - Fishing vessels

Article 10. - Pursuant to the provisions of this Act and the regulations made in respect of its application, a fishing vessel, any craft, including small-scale fishing, used or equipped for fishing or for related fishing operations, shall be defined as: As defined in Articles 7 and 8 of this Law. Maritime fishing vessels are subject to the legislation on seagoing vessels.

Section VIII. - Small-scale fishing and industrial fishing

Article 11. - Small-scale fishing or industrial fishing is defined according to the means used. The criteria for distinguishing these types of fishing are specified by regulation.

Section IX. - Senegalese fishing vessels and foreign fishing vessels

Article 12. - All fishing vessels operating in waters under Senegalese jurisdiction are either of the Senegalese nationality or of foreign nationality.

Any fishing vessel that does not have the Senegalese nationality is considered to be a foreign fishing vessel.

The conditions for obtaining the Senegalese nationality of ships are laid down by law.

TITLE II. -MANAGEMENT AND DEVELOPMENT OF FISHERIES

CHAPTER I. -GENERAL PROVISIONS

First Section. -Fisheries Management Plans

Article 13. - Under the authority of the Minister responsible for maritime fisheries, fisheries management plans shall be drawn up on an annual or multiannual basis. These plans are revised periodically to reflect the evolution of fisheries data.

According to this Law, the fishery means one or more sets of stocks of species and operations based on those stocks which, identified on the basis of geographical, economic, social, scientific, technical or Recreation, may be considered a unit for conservation, management and development purposes.

Fisheries management plans shall include, inter alia:

(a) identify the main fisheries and their characteristics, biological, technological, geographical, social and economic;

(b) specify the management and development objectives for each fishery;

(c) define, for each fishery, the allowable catch volume or the level of the optimal fishing effort;

(d) specify the management, development and conservation measures to be adopted;

(e) defining the programmes for the granting of licences or fishing licences for national or foreign vessels;

(f) define the criteria or conditions for the granting, suspension or withdrawal of fishing authorisations.

In the preparation of development plans for shared species stocks in the subregion, the Minister responsible for maritime fisheries shall consult, either directly or in international organizations, with the authorities Responsible for the fisheries of the States concerned, with a view to ensuring the harmonisation of the respective fisheries management plans.

The Minister responsible for maritime fisheries shall ensure that the main stakeholders involved are involved in the preparation and implementation of the plans. It also ensures compatibility between the provisions of the plans and other documents related to the marine ecosystem.

Fisheries management plans are approved by Order in Council.

Section II. - Measures to manage and conserve marine ecosystems

Subsection 1. -General

Article 14. -The State shall adopt an integrated ecosystem-based management approach, incorporating conservation objectives in order to ensure the viability of species and habitats critical to the renewal of fisheries resources or to Increased fishing productivity in the fishing areas of maritime waters under Senegalese jurisdiction.

Article 15. -Management and conservation measures for marine ecosystems are taken on the basis of scientific and technical advice. In case of need, other state services are involved in the creation and implementation processes. The organisations of industry professionals, the maritime fishing communities and possibly other stakeholders may be involved in the processes for the development and implementation of these measures.

Article 16. -In order to implement the integrated ecosystem-based approach to management, the Minister responsible for maritime fisheries is empowered to create protected maritime spaces, fish-concentrating devices, artificial reefs and all Other system that can participate in the management and conservation of marine ecosystems.

The arrangements for the establishment and organisation of the management of protected maritime areas, fish concentration devices and artificial reefs shall be fixed by order of the Minister responsible for maritime fisheries.

Article 17. -Where it is necessary to consider conservation measures incorporating environmental or anthropogenic factors other than fishing, an inter-ministerial order shall be taken by the Minister responsible for the maritime fishery and the Ministers concerned, in order to better ensure the protection of marine resources and biodiversity.

Article 18. -Measures for the management and conservation of marine ecosystems are taken in the development of development plans or, outside, where necessary.

Subsection 2. -Marine Protected Areas

Article 19. -Protected marine areas are geographically defined areas to allow the free play of ecological processes, services and functions of habitats and species in order to ensure conservation and sustainable use of Fishery resources available to them.

Subsection 3. -Devices for concentrating fish

Article 20. -Fish concentration devices are solid sets of appropriate architecture and have a large volume. They are floating or immersed and are intended to encourage concentrations of fish for management, conservation or exploitation.

Subsection 4. -Artificial reefs

Article 21. -Artificial reefs refer to the physical development of the seabed, by the establishment of hard substrates of various origins, in particular, boulders, various used industrial materials and other specially adapted assemblies Manufactured. They are immersed in sediment in selected areas to increase biological productivity, promote biodiversity, and protect natural habitats.

Section III. -National Marine Fisheries Advisory Council

Article 22. -It is established, at the national level, a body called the National Advisory Council on Maritime Fisheries.

The Council, chaired by the Director of Maritime Fisheries, is composed of the representatives of the Administration, the scientific research, the categories
Concerned socio-professionals and the Sport Fishing Federation. The powers, composition and manner of operation of the Council shall be fixed by regulation.

Section IV. -Local councils for artisanal fishing

Article 23. -Local artisanal fishing councils can be established in the regions. The conditions for their creation, composition, duties and mode of operation shall be laid down by regulation.

Section V. -Small-scale fishing and industrial fishing

Article 24. -The State shall promote the development of small-scale fishing in the light of its vitality, its socio-economic importance, in particular its contribution to the fight against poverty, food security and growth. It supports the establishment of institutional mechanisms to encourage the participation of fishermen in the development of resources in accordance with appropriate arrangements, the reservation of certain areas for exploitation by the artisanal fishermen, and, in particular, The creation of conditions conducive to this sector.

The State shall also promote the development of industrial fishing, taking into account its socio-economic weight by appropriate mechanisms. Special regulatory measures will be adopted as appropriate.

Section VI. -International cooperation in maritime fisheries

Article 25. -Senegal participates in the activities of fisheries cooperation structures and bodies, at regional, regional and international level. The purpose of this participation is to negotiate and conclude international agreements and other measures, inter alia, on the following issues:

(a) cooperation in fisheries, particularly the common management of stocks;

(b) the harmonization and coordination of management and resource management systems;

(c) the determination of the conditions for access to the fisheries resources of the States concerned;

(d) the adoption of coordinated measures for the monitoring, safety and control of fishing vessel activities.

Section VII. -Ministerial authorisation for fishing vessels

Article 26. -Without prejudice to the other rules applicable to construction, purchase and registration, any project for the conversion or conversion of an industrial fishing vessel flying the Senegalese flag shall be subject to authorisation The Minister responsible for maritime fisheries.

The Minister's decision shall take into account the availability of exploitable fisheries resources and, where appropriate, the provisions of the allowable management plans and fishing effort levels.

The provisions of first paragraph of this Article shall be applied to craft fishing vessels under conditions laid down by order of the Minister responsible for maritime fishing.

Section VIII. -Fishing rights of foreign vessels

Article 27. -Fishing vessels of foreign nationality may be authorised to operate in waters under Senegalese jurisdiction either within the framework of a fisheries agreement linking Senegal to the flag State or to the organisation representing that State, or When they are chartered by Senegalese legal persons.

Article 28. -Agreements on access to fisheries resources in waters under the jurisdiction of Senegal should in particular:

(a) determining fishing opportunities and types;

(b) define the amount and manner of payment of the royalties and other sums due in exchange for the authorisations granted;

(c) specify the number and characteristics of authorized fishing vessels and the type of fishing permitted;

(d) contain the obligation to mark vessels authorised to fish in accordance with the provisions in force in Senegal;

(e) lay down the obligation for shipowners to communicate regularly to the competent department of the Ministry responsible for the maritime fisheries data on catches;

(f) undertake the responsibility of the flag State or the competent organisation to take appropriate measures to ensure that the vessels comply with the terms and conditions of the agreements, as well as the provisions of the laws and regulations in Effective in Senegal;

(g) take into account existing laws and regulations;

(h) making compulsory the registration of foreign vessels authorised to operate in waters under Senegalese jurisdiction on the register of fishing vessels;

(i) provide for the requirement to install a vessel tracking system on board;

(j) provide for the embarkation of maritime observers and registrants of Senegalese nationality.

Article 29. -The provisions of the agreements on access to fisheries resources in waters under Senegalese jurisdiction must be compatible with the strategic objectives for the development of the maritime fisheries sector and the guidelines of the plans Development of existing fisheries.

Article 30. -The charter of foreign fishing vessels by Senegalese legal persons is the subject of regulatory measures designed to ensure that these operations are transitory in nature and are subject to the options of the policy of Development of the Senegalese fisheries and the exploitation of the stocks concerned.

Section IX. -National register of industrial fishing vessels

Article 31. -The Minister responsible for maritime fisheries shall lay down the conditions for the establishment, organisation and operation of a national register for industrial fishing vessels. The registration of industrial fishing vessels on the register is compulsory for the purpose of obtaining the licence.

The register shall contain all the information required, in particular on the characteristics of vessels and their operations in maritime waters under Senegalese jurisdiction. It can be used in the framework of regional cooperation actions under the conditions defined with the states concerned.

Section X. -Records of small-scale fishing boats

Article 32. -The Minister responsible for maritime fisheries lays down the conditions for the creation, organisation and operation of the registers of small-scale fishing vessels at the level of each maritime fishing region and at national level.

Small-scale fishing vessels shall be entered on the registers after their registration in accordance with the rules laid down by the Minister responsible for maritime fisheries. The information required for the registration of small-scale fishing vessels is used for registration on registers.

The registers of small-scale fishing vessels are used for the purpose of planning, managing and conserving fishery resources.

Section XI. -Implementing regulatory measures

Article 33. -Without prejudice to the other enabling clauses contained in this Law, regulatory measures shall, as appropriate, be adopted to implement its provisions. These measures shall include, inter alia:

(a) the special standards applicable to domestic fishing vessels and foreign fishing vessels;

(b) the special conditions for the granting, renewal, suspension, conversion and withdrawal of the industrial fishing licence and the artisanal fishing licence;

(c) the conditions applicable to the subsistence fishery, scientific and technical research, sport and trade;

(d) the organization and operation of the marine fisheries control and surveillance system;

(e) the installation of a vessel tracking system;

(f) the rights and obligations of the observers, as well as the arrangements for boarding them on board ships and the conditions for carrying out their activities;

(g) conditions for the exercise of participatory monitoring;

(h) measures for the conservation and management of fishery resources, including the minimum opening of nets, sizes and minimum weights of the
Species, periods of closure of fishing areas, restricted or restricted access areas, restrictions on the incidental catch, restriction or prohibition of certain types of fishing vessels, gear or methods;

(i) the classification of vessels and the definition of the types and characteristics of fishing gear;

(j) limiting the volume of catches of certain species by setting a maximum allowable catch or any other method of development that promotes the conservation of resources and the protection of the marine environment;

(k) the safety standards of small-scale fishing boats and the signalling devices of small-scale fishing gear.


CHAPTER II -PECHE RIGHT

Section I -General

Article 34. -The exercise of fishing in waters under Senegalese jurisdiction shall be subject to authorization by the Minister responsible for maritime fisheries issued in the form of a licence, permit and authorisation, in accordance with the provisions of this Chapter.

Section II -Industrial fishing licence

Article 35. -The exercise of industrial fishing in maritime waters under Senegalese jurisdiction is subject to the possession of a valid fishing licence issued by the Minister responsible for maritime fisheries, after the opinion of the Commission Licensing Advisory.

The licence shall be issued in the name of the owner, owner or operator concerned, for a vessel engaged in a defined fishing type, for a specified period of time. A ship may not be a beneficiary, at the same time, of more than one fishing licence to operate in maritime waters under Senegalese jurisdiction.

The different categories of licences and the corresponding types of fishing, as well as the application and award procedures are defined by regulation.
The provisions of this Article shall apply to fishing vessels flying the Senegalese flag and operating on the high seas.

Article 36. -The grant of a fishing licence or its renewal shall be subject to the payment of a fee, the amount and terms of payment of which shall be fixed by inter-ministerial order taken by the Minister responsible for finance and the Minister responsible for Marine fishery.

Without prejudice to the provisions of the preceding paragraph, the amount and manner of payment of the charges applicable to ships of foreign nationality authorised to fish under an agreement shall be defined by the provisions of the said Agreement.

Article 37. -The licence must be held on board the ship attributing and presented in the event of control to the agents authorised for that purpose.

Article 38. -The fishing licence issued to a specified ship shall not be transferred to another vessel, except in the event of an event which has led to the final innavigability of the vessel or in the event of substitution by a ship of equivalent capacity or .

Final innavigability cases shall be recognised by the competent maritime authority in accordance with the laws and regulations in force.

Article 39. -Any fishing licence which has not been renewed for a period of twenty four (24) months from the date of expiry of its validity shall be suspended. Six (6) months after suspension, the licence is withdrawn if it is not renewed.

This license cannot be substituted in all cases.

Article 40. -The Minister responsible for maritime fisheries may suspend or withdraw a fishing licence for reasons relating to the implementation of adopted and approved fisheries management plans, or an unforeseeable development of the state of exploitation of the stocks Following the advice of the National Marine Fisheries Advisory Council.

The suspension or withdrawal of a licence shall be entitled to the refund of the royalties paid in the proportion of the period of validity not used.
In addition, in the case of new licensing responsibilities, priority shall be given to vessels whose licences have been withdrawn pursuant to paragraph 1 of this Article.

Article 41. -Licences are established in prescribed forms and are subject to:

(a) the general conditions set out in this Act and the regulations made for its application;

(b) the additional terms and conditions that may be made under the provisions of the following section.

Article 42. -The Minister responsible for maritime fisheries may, after obtaining the advice of the National Advisory Council on Maritime Fisheries, define by order additional general conditions to which fishing licences or certain categories of Fishing licences. These conditions may relate, in particular, to periods of closure of the fishery, to prohibited areas, to minimum mesh sizes and to minimum species sizes and weights.

Article 43. -The Minister responsible for maritime fisheries may refuse to grant a fishing licence to a vessel flying the Senegalese flag in the following cases:

(a) where the decision to refuse is necessary in order to ensure adequate management of the fishery resources or to ensure the proper implementation of the approved fisheries management plan;

(b) if the operations for which the licence is requested are not considered to be in accordance with the objectives of the Marine Fisheries Development Policy;

(c) where the vessel for which the licence is requested does not comply, in the opinion of the maritime authority, with the technical conditions and standards of safety and airworthiness as defined at national or international level or does not respect the Standards for working conditions on board.

The refusal to grant a licence to a fishing vessel flying the Senegalese flag is expressly justified.

Article 44. -The Minister responsible for maritime fisheries may refuse to renew a fishing licence to a vessel flying the Senegalese flag in the following cases:

(a) where the vessel for which the licence is requested is not, in the opinion of the maritime authority, satisfied with the technical safety and airworthiness conditions and standards as defined at national or international level or Does not meet standards for working conditions on board;

(b) if the vessel has been converted or converted without prior authorization from the Minister responsible for the marine fishery;

(c) where the licensed ship is deliberately and repeatedly violating the provisions of the regulations.

The refusal to renew the licence to a fishing vessel flying the Senegalese flag is expressly justified.

Section III. -Authorisation for scientific and technical research

Article 45. -The Minister responsible for maritime fisheries may authorise by order scientific and technical research vessels to operate in waters under Senegalese jurisdiction in accordance with the procedures in force.
The Order may authorize scientific and technical research vessels to derogate from the rules prescribed by this Act and the regulations made for its application under such conditions as it provides.

In the case of scientific and technical research vessels of foreign nationality, the Minister responsible for maritime fisheries shall ensure that Senegalese scientists are on board and that all the data and information obtained in the Waters under the jurisdiction of Senegal, before and after treatment, are transmitted to the competent services.

Article 46. -The exercise of fishing for experimental purposes may be authorised, on an exceptional basis, by order of the Minister responsible for maritime fisheries, to vessels engaged in fishing for commercial purposes, belonging to natural or legal persons Private law of Senegalese nationality and having a valid fishing licence.

Article 47. -Notwithstanding the provisions of the preceding Article, any fishing programme for experimental purposes submitted for vessels belonging to natural or legal persons of Senegalese nationality shall be the subject of an application Advance authorization. The request shall be addressed to the Minister responsible for maritime fisheries, together with the information provided for by regulation. The authorisation shall be issued after the opinion of the Advisory Committee on the Allocation of Fisheries Licences and after the favourable opinion of the fisheries research institution of reference.

Article 48. -The issuance of a fishing authorization for experimental purposes to a vessel shall result in the suspension of the licence from the date of commencement of the operation. The suspension of the validity of the licence shall terminate automatically at the end of the operations.

Article 49. -Where there has been a violation of one or more of the rules prescribed by this Act or the regulations made for its application, or after the advice of the reference fisheries research institution, the Minister responsible for marine fisheries may At any time during the conduct of operations, withdraw the authorization. The withdrawal of the authorisation shall be without prejudice to the other sanctions provided for.

Article 50. -Any commercial fishing vessel authorized to carry out the fishing for experimental purposes shall be required to embark, for the duration of the programme, at least one scientist and one officer in charge of fisheries surveillance. The shipowner or his or her representative and the commander of the ship shall have the obligation to provide the scientist and the monitoring agent with the best conditions of safety, work and stay on board.

Article 51. -The fishing operations for experimental purposes are conducted under the supervision of the reference fisheries research institution which processes the data and the information collected. At the end of fishing operations, a report with recommendations shall be sent to the competent authority by the reference fisheries research institution. A copy of the report shall be transmitted to the shipowner of the ship.

Article 52. -The granting of fishing authorisation for experimental purposes, irrespective of the results obtained at the end of the authorisation period, does not necessarily give the right to a licence for the type of fishing which has been tested.

Article 53. -Industrial fishing vessels flying the Senegalese flag and craft fishing vessels used by maritime training institutions may be authorised, by order of the Minister responsible for maritime fishing, to operate in waters Maritime under Senegalese jurisdiction for training purposes.

However, no derogation from compliance with the rules laid down in this Law and the regulations made for its application shall be granted to vessels and craft fishing vessels used by the said institutions.

Section IV. -Authorization for related fishing operations

Article 54. -The Minister responsible for maritime fisheries shall lay down the conditions under which fishing related operations, inter alia, transhipment and the collection of fishing products, shall be authorised.

Article 55. -Fisheries-related operations, including transhipment and collection of fishery products, may be authorized in exceptional cases by the Minister responsible for the marine fishery. The conditions under which fishing-related operations are permitted, in particular the area, species, boats and gear, shall be fixed by order.

Article 56. -Where an operation related to fishing is authorised, in accordance with the laws and regulations in force, by a service not under the control of the Ministry of Maritime Fisheries, the operation shall be carried out in the presence of the agents of the Competent services of the Ministry. The authorisation shall be notified, at least 48 hours before the start of operations, to the competent services of the Ministry responsible for maritime fisheries.

Section V. -Commercial artisanal fishing licence

Article 57. -The exercise of commercial artisanal fishing on foot or from a boat in waters under Senegalese jurisdiction is subject to the obtaining of a valid fishing licence issued by the competent services of the Ministry responsible Marine fisheries.

The Minister responsible for maritime fisheries lays down the various categories of commercial artisanal fishing licences as well as the procedures for the application and allocation of the artisanal fishing licence.

Section VI. -Sport Fishing Licence

Article 58. -The exercise of sport fishing in waters under Senegalese jurisdiction is subject to the obtaining of a valid fishing licence issued by the competent services of the Ministry responsible for maritime fisheries.

The provisions of the preceding paragraph shall apply to any sport fishing activity carried out on the basis of any type of craft, irrespective of the gear and techniques used.

Article 59. -The sport fishing licence is issued to a specified vessel. The issuance of the permit is conditional upon the boat's ownership of a sports club or fishing centre affiliated with the National Sport Fishing Association, which has received delegation of authority from the Minister of Guardianship.

The Minister responsible for maritime fisheries shall lay down in one order the various categories of sport fishing licences, the types of vessels and gear concerned, the arrangements for granting them and the procedures for application and allocation.

Article 60. -Products from the sport fishery are not available for sale.

The Minister responsible for maritime fisheries shall take special measures to preserve the species of highly migratory fish targeted by sport fishing and shall be subject to conservation and management measures taken in the framework Of international organizations of which Senegal is a member.

Section VII. -Authorization for recreational fishing

Article 61. -The exercise of recreational fishing shall be subject to authorisation by the competent services of the Ministry responsible for maritime fisheries. When a boat is used, the granting of the authorization is subject to membership in a sports club or fishing centre.

The Minister responsible for maritime fisheries shall determine by order the arrangements for implementing the provisions of this Section.

Section VIII. -Authorisation to fish for aquaculture purposes

Article 62. -The exercise of fishing for aquaculture purposes shall be subject to authorisation by the competent services of the Ministry responsible for fisheries. The Minister responsible for maritime fisheries shall determine by order the arrangements for implementing the provisions of this Section.

Section IX. -Recreational Fishing and Recreational Fishing Categories

Article 63. -The different categories of sport fishing and recreational fishing are defined by order of the Minister responsible for maritime fishing.

Section X. -Royalty fees

Article 64. -The grant or renewal of the licences and authorisations provided for in Sections V, VI, VII and VIII above shall be subject to the payment of a fee, the amount and terms of payment shall be fixed in an interministerial order made by The Minister responsible for finance and the Minister responsible for maritime fisheries.

TITLE III. -GENERAL PROVISIONS RELATING TO FISHING ACTIVITIES

Article 65. -No person shall:

(a) to use, in the exercise of fishing, explosive substances or toxic substances or bait likely to weaken, paralyze, stun, excite or kill fish and other living marine organisms;

(b) holding on board any fishing vessel of the materials and substances referred to in the preceding paragraph;

(c) use in the exercise of underwater fishing any equipment such as suit, whether self-contained or not, allowing an immersed person to breathe without returning to the surface.

Article 66. -The importation, sale, purchase, possession and use of gillnets and gillnets manufactured from monofilament or multimonofilament nylon elements are prohibited.

Article 67. -Prohibited at all times and in any place:

(a) the fishing, holding and marketing of all species of marine mammals;

(b) the fishing, catching, holding and marketing of all species of sea turtles and the collection of their eggs;

(c) the hunting, trapping, holding and marketing of all species of seabirds and the collection of eggs;

(d) fishing, holding and marketing sawfish.

Article 68. -All craft fishing vessels belonging to nationals, irrespective of the purpose of the fishery, the gear and techniques used, shall be registered and marked in accordance with the rules laid down by the Minister responsible for the Marine Fisheries.

Small-scale fishing vessels belonging to foreigners regularly installed in Senegal shall be registered and marked in the forms prescribed by the preceding paragraph.

Article 69. -Without prejudice to the rules in force on the registration of ships and the obligation to show the name, number and port of registration, industrial fishing vessels authorised to operate in waters under Senegalese jurisdiction must Permanently exhib the letters and numbers allowing them to be identified in accordance with prescribed rules.

Article 70. -Industrial fishing vessels authorised to operate in maritime waters under Senegalese jurisdiction shall be required to provide to the competent department of the Ministry responsible for maritime fisheries a fishing log containing all the data on the Catches, statistics and other information under the conditions prescribed by order of the Minister responsible for maritime fisheries.

Article 71. -Any vessel authorised to fish in maritime waters under Senegalese jurisdiction shall be obliged to communicate to the competent services of the Ministry responsible for maritime fisheries, by all appropriate means, its entry and exit from waters under jurisdiction Senegalese. It must also declare its position and its catches under the conditions and periodicity prescribed by the Minister responsible for maritime fisheries.

Article 72. -Any foreign industrial fishing vessel authorized to operate in maritime waters under Senegalese jurisdiction shall board at least one observer under the conditions laid down by order of the Minister responsible for maritime fishing.

For fishing vessels flying the Senegalese flag, the embarkation of an observer is not systematic. It may be provided for scientific and supervisory reasons, the terms of which are laid down by order of the Minister responsible for fisheries.

However, vessels with less than 50 gross tons may be exempted from boarding an observer under the conditions laid down by the Minister responsible for maritime fishing.

Article 73. -All industrial fishing vessels and all craft fishing vessels authorised to operate in waters under Senegalese jurisdiction shall be required to disembark their catches in a port or landing site authorised by Subject to the contrary provisions laid down in the fisheries agreements concluded by Senegal.

Disembarkation means the placing on the ground of products fished for sale, storage, processing, processing or export.

TITLE IV. -APPLICATION OF PORT STATE MEASURES

Article 74. -Any fishing vessel, foreign or Senegalese, wishing to enter a port in Senegal or its services for the purpose of conducting landings and/or transhipment of fish products shall be held
To announce, in advance, its arrival at the relevant structures, within a time limit and in accordance with the procedures laid down by regulation.

Article 75. -Any landing of catches by a foreign vessel in a Senegalese port must be the subject of an authorisation issued by the competent services of the Ministry responsible for maritime fisheries. The issuance of the authorization shall be subject to the results of the inspections carried out by the fishery officers referred to in section 84 of this Act.

The results of inspections carried out on board any foreign fishing vessel in accordance with the provisions of this Article, having given rise to the finding of an infringement, shall be communicated without delay to the flag State of that vessel.

Article 76. -Where there is evidence that a ship of foreign nationality operating outside the waters under Senegalese jurisdiction has either committed, favoured or assisted in the conduct of illegal fishing, that vessel shall not be permitted to land Its catches or the use of port services in Senegal, except in cases of force majeure or distress.

Article 77. -The list of Senegalese ports capable of accommodating fishing vessels of foreign nationality shall be fixed by order of the Minister responsible for maritime fishing.

TITLE V. -MARINE CULTURE ESTABLISHMENTS

Article 78. -Constitutes an establishment of marine cultures, any installation at sea or on the shore of maritime waters under Senegalese jurisdiction, which is aimed at the conservation, rearing or intensive exploitation of marine organisms and which results in A rather prolonged occupation of the public domain or, in the case of a private property installation, is fed by the waters of the sea.

Article 79. -The establishment and operation of an establishment of marine crops shall be subject to prior authorisation by the Minister responsible for maritime fisheries, who shall lay down the special conditions to which the operation shall be submitted.

Without prejudice to the special rules which may be included in the authorisation provided for in the preceding paragraph, the conditions for the granting of authorisations for the operation of establishments of marine crops shall be subject to an approved specification By order of the Minister responsible for maritime fisheries.

TITLE VI. -THE QUALITY OF THE PRODUCTS OF THE PECHE AND THE TREATMENT UNIT

Article 80. -Monitoring of the quality of fishery products is the subject of defined standards and adopted on the initiative of the Ministry responsible for maritime fisheries.

Article 81. -In order to adjust the processing capacity to the fishing potential, the installation and operation of the processing units for fishery products shall be subject to the prior authorisation of the Ministry responsible for maritime fisheries.

A fish processing unit is any establishment or vessel in which these products are processed, processed, packaged and/or stored, for local sale or export.

Article 82. -The arrangements for the application of the provisions laid down in this Title shall be laid down by regulation.

TITLE VII. -MONITORING AND RECOGNITION OF INFRINGEMENTS

CHAPTER I. -MONITORING OF FISHERIES

First Section. -From the competent authority

Article 83. -The Minister responsible for maritime fisheries is the authority responsible for the supervision and coordination of all activities and operations for the surveillance and protection of fisheries in maritime waters under Senegalese jurisdiction In accordance with the provisions of this Act and the regulations made for its application. It shall take all necessary measures to ensure the application and enforcement of the provisions of this Law and the regulations made for its application.

Section II. -Jurisdiction for the recognition of infringements

Article 84. -Fishery officers, who are authorized to search for and record violations of the rules prescribed by this Act and the regulations made for its application:

(a) officers in the administration of the marine fishery;

(b) officers and mariner officers of the Navy;

(c) Air Force officers and non-commissioned officers;

(d) National Park Officers and Water and Forestry Officers;

(e) the directors of marine affairs;

(f) the judicial police officers of the National Gendarmerie and the Police;

(g) customs officers.

The officers mentioned above are sworn in before the Regional Court of the place where they are called to serve. The oath shall be registered without charge at the Registry of the Court and shall not be renewed in the case of a change of residence within the jurisdiction of another jurisdiction. The oath is as follows:

"I swear and promise to good and loyally fulfill my duties and to observe in all the duties they impose on me."

Article 85. -The monitoring agents shall take the practical steps necessary to ensure compliance with the rules prescribed by this Act and the regulations made for its application. To this end, even in the absence of a special mandate, they may, in particular:

(a) order any vessel in fishing activity or carrying out related fishing operations in waters under Senegalese jurisdiction to stop and carry out all the manoeuvres necessary for the visit of the vessel;

(b) visit the vessel at sea;

(c) request the production of the fishing licence, fishing log or any other document relating to the vessel or catch on board and possibly make copies of those documents;

(d) inspect fishing gear used on board or from the vessel and, for that purpose, remove fishing gear from the water;

(e) examine catches on board;

(f) visit any local area where they would have reason to believe that captured products have been stored;

(g) Dockside, inspection of all fishing vessels, equipment and catches;

(h) to inspect the production of any processing plant for fishery products and to examine any document relating to the catches which are processed there or which pass through the establishment;

(i) to examine fishing documents relating to catches made or made subject to transhipment;

(j) provide any order reasonably necessary to ensure compliance with the provisions of this Act and the regulations made in respect of its application.

Article 86. -Any agent authorized to observe the offences under the rules laid down in this Law and the regulations made in respect of his application may, if he considers it appropriate, require the forces of law and order, the personnel and material assistance necessary for him or her To ensure its mission or compliance with the provisions of this Act and the regulations made in respect of its application.

CHAPTER II. -RESEARCH AND RECOGNITION OF INFRINGEMENTS

First Section. -General

Article 87. -In the exercise of the powers conferred on it by Article 84 of this Law, the commander of a ship or surveillance aircraft may, by any means of sound, light, visual or radio, summ any fishing vessel in the Maritime waters under Senegalese jurisdiction to stop immediately.

Where a number of fishing vessels are in the area in which the vessel or surveillance aircraft operates, the signals issued by the vessel shall be directed to all vessels and the order to stop shall be carried out by all vessels.

However, when the vessel is in fishing activity, it is given the opportunity to complete the manoeuvre. The place of the first detection shall, however, remain the place of the offence if that is, where appropriate, established.

In the case of operations carried out from a monitoring vessel, if the fishing vessel refuses to stop the third warning, a warning shot or a gust can be fired at its height to force it to stop. This seman is renewed twice. After the third warning, if there is always a refusal to comply, the commander of the ship or surveillance aircraft is authorized to shoot for the purpose.

Article 88. -Any fishing vessel whose pursuit has been commenced within the maritime waters under Senegalese jurisdiction may be intercepted and diverted beyond the limits of those waters and shall lead to the nearest or most suitable Senegalese port by The monitoring vessel.

The right of prosecution 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 fishing vessel pursued enters the territorial sea Of the flag State or of a third State. However, the provisions of this Article shall be without prejudice to specific modalities of right of pursuit within the framework of bilateral or sub-regional international agreements.

Section II. -Procedure for the recognition of infringements

Article 89. -Given the meteorological conditions, the nature of the offence and the difficulties encountered by the aircraft or the monitoring vessel in the performance of its mission, two procedures may be employed to search for and observe Fishing offences committed by industrial fishing vessels, namely the ordinary procedure and the procedure.

Article 90. -The ordinary procedure is used in cases where the conditions permit the visit of the ship, the controlled vessel is alone and immediately obtemped to the order to stop.

The ordinary procedure involves a team led by a fishery monitoring officer to be sent on board the fishing vessel. One of the tasks of this team is to check the fishing gear, fishing gear and catches. Where it appears that an offence may have been committed, the team leader shall be given the fishing log and note the position, route and speed information in the fishing log, ensuring that the pages are numbered Of the document and affixes its signature to the indications it has collected. It shall draw up the minutes of the infringement.

Article 91. -The search and finding procedure shall be used where the conditions do not permit the visit of the vessel, the fishing vessel has not complied with the summons or has taken the flight or fishing vessels in the area are in large Number to be individually controlled.

The procedure may only take place in respect of the finding of infringements for lack of licence, refusal to comply with the order to stop, fishing for a prohibited period, fishing in a prohibited area and in the event of operations Related to unauthorized fishing.

In the particular case of research and the identification of offences by an aircraft, the relevant information shall be recorded by the crew. Such information, including photographs, shall be evidence of evidence to the contrary.

Article 92. -The procedures laid down in Articles 90 and 91 of this Law shall be without prejudice to other procedures which may be defined by regulation, in particular in cases where fishing offences are detected by a monitoring agent at The assistance of information provided by persons appointed, including through cooperative arrangements at regional fisheries monitoring stations.

Article 93. -Where monitoring is carried out by means of a vessel monitoring system, the information identified by the authorised officials referred to in Article 84 of this Law shall constitute evidence of proof to the contrary.

Article 94. -Subject to the measures taken to stop an infringement, the monitoring operations shall be conducted in such a way as to cause a minimum of disturbance to fishing activities. The authorized officers limit their verification operations to compliance with the rules prescribed by this Act and the regulations made for its application.

Section III. -Record of infringement

Article 95. -Fishing offences result in the establishment of a record containing all relevant information relating to the offence, all circumstantial evidence and evidence. The minutes shall be signed by the Enforcement Officers, by the potential witnesses and by the offender who may make his observations. In the case of refusal of signature or absence of the author of the offence, reference shall be made to the Minutes. An order of the Minister for Maritime Fisheries establishes a pattern of minutes.

Article 96. -The minutes accompanied by all relevant documents shall be forwarded to the Minister for Maritime Fisheries or his representative.
A copy of the minutes shall be sent immediately to the prosecutor of the competent Republic.

Article 97. -In the event that no person in charge of the offence or of the ship could be heard or identified by the Senegalese authorities, the minutes shall be sent to the public prosecutor for the opening of a
Information.

Article 98. -The written records shall be authentic until proven otherwise for the accuracy of the offences they observe, as well as the accuracy and sincerity of the confessions and declarations they report.

CHAPTER III. -PROVISIONAL MEASURES

Article 99. -Any fishing vessel which has given rise to the establishment of an offence report may be diverted and taken to the nearest or most suitable Senegalese port by the surveillance vessel or on the order of the surveillance aircraft.

Article 100. -At the request of the enforcement officers, the fishing vessel which has been the subject of an offence report must immediately join the Senegalese port which they have indicated to it. The commander of the fishing vessel shall be responsible for the conduct of the vessel audit port.

The finding of the unauthorised fishing offence provided for in Article 122 of this Law shall, in all cases, give rise to the rallying of a Senegalese port in accordance with the provisions of the preceding paragraph. In the case of fishing in a prohibited area, the vessel must immediately leave the area in question.

Article 101. -Every ship that has been used to commit an offence under the rules prescribed by this Act or the regulations made for its application shall be held in a Senegalese port until the full payment of the corresponding penalties or the payment to the The Caisse des Dépôts et Consignations d' un bail under the conditions set out in Articles 114 to 117 of this Law.

However, if it is a vessel flying the Senegalese flag, the notification of the infringement must be made within 72 hours of the detention. Failing the hand of the ship is immediate.

Article 102. -The unit of the National Port Force has the custody and control of the vessel during the downtime period. The associated costs shall be borne by the owner of the vessel, vessel or shipowner.

Article 103. -The representative of the Minister responsible for maritime fisheries may make a provisional seizure of the fishing gear and products of any vessel used to commit an offence under the rules prescribed by this Act and Regulations made for its application.

Article 104. -Products seized liable to deteriorate shall be assessed by the competent services of the Ministry responsible for fishing and their value shall be recorded by the shipowner or his representative at the Caisse des Dépôts et Consignations until the conclusion Of a transaction or until the decision of the court seised.

In the event of disagreement on the value of the products, the administration of the fishery proceeds to the sale by public auction and the sum collected shall be recorded at the Caisse des Dépôts et Consignations until the conclusion of a transaction or until the Decision of the court seised.

For artisanal fishing the sale of products liable to deteriorate shall be made by the head of the regional service or his representative and the amount shall be recorded in the Caisse des Dépôts et Consignations.

TITLE VIII. -ADMINISTRATIVE AND JUDICIAL PROCEDURES CHAPTER 1. -TRANSACTIONS

Article 105. -The Minister responsible for maritime fisheries or his representative shall be entitled to compromise on behalf of the State with the person (s) responsible for infringements of the rules laid down in this Law and the regulations made for its application. It shall be assisted by an advisory commission of offences, the composition and powers of which shall be fixed by regulation.

In the field of industrial fishing and artisanal fishing, the representative of the Minister responsible for maritime fisheries shall be appointed by order.

Article 106. -The conclusion of the transaction may be subject to the abandonment of the seized equipment and products or the amount of the sale of the seized goods to the State.

Article 107. -The conclusion of the transaction must result in the immediate payment of a fine. Failure to pay shall cause the competent court and the detention of the vessel to be brought before the court.

Article 108. -The amount of the fine may not be less than the minimum of the fine for the offence committed.

Article 109. -The effective payment of the fine following the transaction extinguished the public action.

The public prosecutor is notified of this.

Article 110. -The transaction cannot be granted in the case of a civil party.

Article 111. -Payment of the fine implies recognition of the offence and is the first definitive conviction for the determination of recidivism.

Article 112. -The procedures for the exercise of the transaction are defined by decree.

CHAPTER II. -THE DESTINATION OF SEIZED OR CONFISCATED PROPERTY

Article 113. -The Minister responsible for the maritime fishery or his representative, or the competent court, shall decide, as the case may be, the final destination of the goods seized or forfeited as an accessory penalty, in accordance with the regulations in force.

CHAPTER III. -PAYMENT OF A BOND

Article 114. -The Minister responsible for the maritime fisheries or his representative, or the competent court, as the case may be, shall proceed to the release of the vessel held in accordance with the provisions of Articles 100 and 101 of this Law, upon payment of a Guarantee, at the request of the Commanding Officer, of the owner of the shipowner or consignee of the ship.

The decision to release shall be made within a maximum period of seventy-two hours after the application has been introduced.

Article 115. -The amount of the guarantee shall not be less than the maximum of the fine incurred for the infringement found. The Minister responsible for maritime fisheries or his representative, assisted by the advisory commission referred to in Article 105 of this Law or, where appropriate, the court seised, shall fix the amount of the bond.

Article 116. -The bond is returned in the following cases:

(a) a final decision not to take place or to relax has been pronounced in favour of the accused;

(b) a transaction has been fully resolved;

(c) the court has convicted the person (s) of the offence and has been subject to full payment of the fines, damages and expenses by the persons who are required to do so and, where applicable, penalties due to the delay in payment.

Article 117. -The bond shall be acquired for the benefit of the State at the request of the Minister responsible for maritime fisheries or his representative:

(a) where the person (s) of the offence has been convicted by the court, after a period of three months from the date of exhaustion of the remedies, if the full payment of the fines, damages and costs has not been made By the persons required to do so;

(b) after a period of three months from the date of the conclusion of a transaction between the competent authority and the person (s) of the offence, if the full payment of the transaction fine has not been made.

In all cases where the bond is greater than the amount of the fine of the transaction or the amount fixed by the final conviction, the surplus shall be returned.

CHAPTER IV. -JUDICIAL PROCEDURE

Article 118. -The courts of the Republic of Senegal are competent to deal with all infringements of the rules laid down in this Act and the regulations made for its application in maritime waters under Senegalese jurisdiction.

Article 119. -Proceedings and proceedings shall be carried out directly by the representative of the Minister responsible for maritime fisheries, before the competent courts, without prejudice to the right of the public prosecutor in those courts.

The court, duly cited or notified by the Prosecutor's Office, shall set out the case before the court and shall be heard in support of its findings.

Article 120. -Judgments for infringement of the rules laid down in this Law and the regulations made for its application shall be notified, in addition to the other party, to the representative of the Minister responsible for maritime fisheries. It may, in conjunction with the Public Prosecutor's Office, lodge an appeal.

In the event of an appeal by one of the parties, the representative of the Minister responsible for maritime fisheries shall have the right to present the case before the Court and to file its findings.

Article 121. -Public action in relation to the infringement of the rules laid down in this Law and the regulations made for its application shall be prescribed within three years from the day on which the infringement is established.

TITLE IX. -OFFENCES AND PENALTIES

Article 122. -Except in the cases provided for in Articles 129 to 131, for industrial fishing offences, the commander of the vessel and, for fishing offences, the person in charge of the craft or craft, shall be held personally The rules prescribed by this Act and the regulations made for its application.

It is presumed that they were aware of and accepted the offence committed by persons employed or carried on board the vessel or fishing vessel or manoeuving the fishing gear.

The commander of the vessel and the owner of the vessel or the shipowner, for industrial fishing offences, and the person in charge of the vessel and the owner, for artisanal fishing offences, shall be jointly and severally liable for the payment of the Fines, as well as damages and costs.

Article 123. -The exercise of industrial fishing by foreign vessels not allowed to operate in waters under the jurisdiction of Senegal is punishable by a fine of 500.000.000 to 1,000,000,000 CFA francs. In addition, the confiscation of fishing gear and catches on board is pronounced.

The Tribunal may also order the forfeiture of the vessel.

Where the offence was committed by means of a ship which served in the commission of a previous offence, the confiscation shall be pronounced.

The exercise of industrial fishing by Senegalese vessels not allowed 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, the confiscation of fishing gear and catches on board is pronounced.

Article 124. -The exercise of artisanal fishing without a licence or authorisation, on foot or from a boat, in waters under Senegalese jurisdiction by foreign persons is punishable by a fine of 500 000 to 1 500 000 CFA francs. In addition, the confiscation of fishing gear and catches is pronounced.

The exercise of artisanal fishing without a licence or authorisation, on foot or from a boat, in waters under Senegalese jurisdiction by persons of Senegalese nationality is punishable by a fine of 200,000 to 300 000 CFA francs. In addition, the confiscation of fishing gear and catches is pronounced.

Article 125. -Very serious industrial fishing offences:

(a) the use of prohibited fishing gear or methods;

(b) transhipments or collection of unauthorized catches;

(c) fishing in prohibited areas;

(d) fishing during the prohibited periods;

(e) the use for all types of fishing gear of any means or devices having the effect of making the opening of the mesh less than the minimum permitted opening or reducing the selective action of fishing gear;

(f) the employment of a fishing vessel for a type of operation other than that for which it is authorized under the class of licence for which it is the holder;

(g) false declarations of the technical specifications of vessels, in particular those relating to the gross tonnage of vessels authorised to operate in maritime waters under Senegalese jurisdiction;

(h) the use of explosives or toxic substances for fishing or transport on board fishing vessels;

(i) failure to disembark catches in ports or other authorized sites where there is an obligation to disembark;

(j) the refusal for a fishing vessel in waters under the jurisdiction of Senegal to comply with an order to stop it from a monitoring vessel.

The offences set out in this article shall be punishable by a fine of 20.000.000 to 30,000,000 CF A. In addition, the confiscation of the catch on board shall be ordered. In the cases referred to in paragraphs (a), (e) and (h), respectively, the gear, the devices used to reduce the selectivity of fishing gear and the explosives and the toxic substances shall be confiscated and destroyed.

Article 126. -The infringements referred to in Article 125 shall apply to small-scale fishing, with the exception of that provided for in subparagraph (i). These offences, together with non-compliance with the safety standards of small-scale fishing vessels, are punishable by a fine of 150 000 to 300 000 CFA francs.

In addition, the confiscation of the catch on board is prolloncated.

In the case referred to in paragraph (e), devices used to reduce the selectivity of fishing gear shall be confiscated and destroyed. In the case referred to in paragraph (h), explosives and toxic substances shall be confiscated and destroyed.

Article 127. -Are qualified serious industrial fishing offences:

(a) the violation of the rules relating to the mesh size of nets

(b) the disrespect of the rules relating to related fishing operations;

(c) the capture and retention of marine species in violation of the prescribed provisions;

(d) the violation of the by-catch and destination standards;

(e) non-compliance with the obligation to communicate inputs and outputs, as well as positions and catches;

(f) the violation of the provisions relating to the marking of fishing vessels adopted under Article 68 of this Law;

(g) the breach of the obligation to provide statistical data and information on catches in fishing logs and the provision of false or incomplete data or information;

(h) the deliberate destruction or damage of fishing vessels, gear or nets owned by third parties;

(i) the destruction or concealability of evidence of an offence under the rules prescribed by this Act and the regulations made for its application;

(j) the lack of compliance with the rules on limiting the catch of certain species by setting a maximum allowable catch;

(k) the breach of the obligation to board one or more observers when it is provided for in this Act or the regulations made for its application;

(l) the capture, possession, disembarkation, sale and marketing of species whose sizes or weights are below authorized minima;

(m) the marketing of sport fishery products. The offences defined in this article are punishable by a fine of 5.000.000 to 8,000,000 CFA francs. In addition, the confiscation of catches on board is pronounced.

Article 128. -For the penalties provided for in Articles 123.125 and 127, the amount of the fine incurred shall be fixed in the quarter for trawlers of less than 50 tons gross tonnage.

This provision shall apply only to fishing vessels registered in the National Fishing Vessel Register for at least ten years from the date of promulgation of this Law.

Article 129. -The serious infringements determined by Article 127 shall apply to small-scale fishing with the exception of those provided for in subparagraphs (d), (e) and (g). These offences and the non-compliance with the rules for the registration of small-scale fishing vessels are punishable by a fine of 50 000 to 150 000 CFA francs.

In the case referred to in Article 127 (c), catches shall be confiscated.

Article 130. -The provisions of the Criminal Code are applicable when corruption offences have been committed in maritime waters under Senegalese jurisdiction.

Article 131. -Anyone who intentionally prevents a monitoring agent, a duly authorised person or an observer from carrying out his duties shall be liable to imprisonment for a period of one month to six months and a fine of 200,000 to 500,000 francs.

Article 132. -Any person who acts or opposes violence against the action of a monitoring agent, a person duly authorised or an observer in the performance of his or her duties or threat of violence such agent or observer shall be punished by imprisonment of six Month to one year and a fine of 500. 000 to 1,000,000 francs.

Article 133. -The other infringements, in the industrial and artisanal fisheries, of the rules laid down by this Law which are not expressly defined in this Title shall, after qualification of their gravity by the authority empowered to See, punishments provided for in sections 125 to 129.

Article 134. -The amount of the fines provided for in the foregoing Articles, in particular those laid down in Articles 122 to 128, shall be fixed within the limits laid down by the law according to the nature of the infringement, the technical and economic characteristics of the Vessel, the type of fishing practised, the species fished and the expected economic benefit.

Article 135. -In the event of a repeat offence, for the offences provided for in Articles 123 to 129, the amounts of the fines shall be doubled. In addition, the Minister responsible for the maritime fisheries shall take precautionary measures and the competent court shall order the confiscation of all catches and fishing gear on board.

Recidivism occurs when, within two years of the first final conviction for the offences set out in the relevant articles, the offender commits another offence of the same nature. Offences of the same nature are defined as offences under the provisions of the same section of this Act.

Article 136. -The Minister responsible for maritime fisheries may, taking into account the seriousness of the offence committed by the commander of an industrial fishing vessel flying the Senegalese flag, request the competent maritime authority, suspension or withdrawal The ship's Commanding Officer's professional libretto.

The competent maritime authority shall take all necessary measures to ensure that, during the period of suspension of the booklet, its owner is not allowed to board a fishing vessel flying the Senegalese flag.

For vessels flying the foreign flag, the Minister responsible for maritime fishing may, where the offence has been committed by the commander in waters under Senegalese jurisdiction, and taking into account the gravity of that offence, The competent maritime authority shall temporarily retain the professional libretto of the ship's commander until the full payment of the fines, damages and costs.

Article 137. -The distribution and allocation of proceeds of fines, transactions or forfeitures made pursuant to the provisions of this Law shall be fixed by decree.

TITLE X. -FINAL PROVISIONS

Article 138. -Are repealed all provisions contrary to this Law, in particular those of Law No. 98-32 of 14 April 1998 on the Code of Maritime Fisheries.

This Law shall be enforced as the law of the State.


Done at Dakar, July 13, 2015.

Macky SALL.

By the President of the Republic:

The Prime Minister,
Mahammed Boun Abdallah DlONNE