Table E: Penalties for unauthorized foreign fishing
STATE | FINES | IMPRISONMENT | FORFEITURE |
ALBANIA | From Leks 25 000 000 up to Leks 40 000 000 (adm. procedure) | NO | Vessel, gear and catch: confiscated (adm. procedure) |
ALGERIA | DA 300 000 up to DA 2 000 000; double for second offence | NO | Vessel: Court may
order on second offence. Gear and catch: Court shall order. |
ANGOLA | To be defined by regulation | NO | Gear and catch: Court shall order |
ANTIGUA & BARBUDA | For prohibited gear: $ 5 000 payable by each master owner and charterer. For breach of licence conditions: up to $ 500 000 (on summary conviction) | 6 months for prohibited gear (instead of fines) | Vessel and gear:
Court may order on conviction. Catch: Court shall order. |
ARGENTINA | US$ 10 000 up to US$ 1 000 000 | NO | Vessel: Court may order (for
serious and deliberate violations of the laws taking into
account repeated offences number of vessels methods of
fishing size of catch and conduct of captain at time of
detention of vessel). Gear: Court may order. Catch: Court shall order. |
AUSTRALIA | Up to A$ 250 000 on conviction | NO | Vessel, gear and catch: Court may order. |
AZERBAIJAN | NO INFORMATION | ||
BAHAMAS | US$ 50 000 on summary conviction, doubled on second offence | One year, double for second offence | Vessel, gear and catch: Court may order. |
BAHRAIN | Dinars 300 | Up to 2 years | Vessel, gear and catch: Court may order. |
BANGLADESH | Taka 100 000 | Not exceeding 3 years | Vessel, gear and catch: Court shall order. |
BARBADOS | Up to B$ 500 000 on summary conviction | NO | Vessel, gear and catch: Court may order. |
BELGIUM | Up to 60 times the rates of BF 1 500 up to BF 40 000 | NO | Gear and catch: Court may order. |
BELIZE | From $ 100 up to $ 500; prohibited activities: $ 10 000 payable by Master and any person involved, on summary conviction; $ 50 000 on indictment. | Up to 6 months | Vessel, gear and catch: Court may order on first offence; Court shall order on second offence. |
BENIN | CFAF 200 000 up to FCFA 4 000 000 | 10 days to 6 months | Vessel, gear and catch: Court shall order on second offence. |
BOSNIA & HERZEGOVINA | NO INFORMATION | ||
BRAZIL | Criminal offence punishable under criminal legislation in force. | NO | Vessel, gear and catch: Court may order. |
BULGARIA | For unlicensed fishing: Lv.20 up to Lv.200; for prohibited gears or season: Lv.50 to Lv.300; unauthorized species and zone: Lv.100 to Lv.400. From Lv.50 to 500 on second offence | NO | Vessel, gear and catch: seized and confiscated (administrative procedure) |
CAMBODIA | From Riels 500 up to Riels 150 000 | NO | Vessel, catch or gear: Court may order confiscation of the proof. |
CAMEROON | From FCFA 50 000 000 to 100 000 000 on first offence; doubled on second offence. | NO | Vessel, catch and gear: Court may order. |
CANADA | Up to $ 750 000 | NO | Vessel, gear and catch: Court may order. |
CAPE VERDE ISLANDS | From Es. 500 000 to Es. 3 000 000 per boat. | NO | Vessel and gear:
Court may order, Court shall order on second offence. Catch: Court shall order. |
CHILE | From Gold Pesos 100 up to 150 at the value fixed daily by the Central Bank of Chile at time of payment for each gross registered ton. In case of second or subsequent offences the fine will be doubled. | NO | Gear and catch: Court shall order. |
CHINA | Unspecified amount | Up to 2 years | Gear: confiscated
under serious circumstances. Catch and income confiscated. |
COLOMBIA | Coastal fisheries: up to 50 000 days; high sea fisheries: up to 100 000 days. | NO | Vessel, gear and catch: confiscated. |
COMOROS | FCFA 10 000 000 to 80 000 000; double for second offence within 5 years. | NO | Vessel, gear and catch: Court shall order. |
CONGO | From FCFA 50 million to 250 million; double for second offence within 3 years | NO | Gear and catch confiscated. |
COSTA RICA | Criminal sanction for piracy under Penal Code (art. 256) plus fine of Central-American Pesos 100 per n.r.t. | NO | Vessel and gear: Court shall
order on second offence. Catch forfeited. |
CROATIA | NO INFORMATION | ||
CUBA | From Cuotas 1 000 000 up to 10 000 000 | NO | Vessel, gear and catch: Court may order. |
CYPRUS | Up to CP 100 (Cyprus Pounds 150; US$ 340) | Up to 3 months | Vessel and gear: Court may order. Catch: Court shall order. |
DENMARK | Unspecified fine. | NO | Vessel, gear and catch: Court may order. |
DJIBOUTI | Fines fixed by decree. | NO | |
DOMINICA | Up to $ 500 000 | 5 years in default of payment of fine. | Vessel, gear and catch: Court may order, Minister may direct disposal of vessel. |
DOMINICAN REPUBLIC | 6 - 100 pesos (US$0.44 - 7.41). | From 6 days to 3 months (second offence) | Vessel, gear and catch: Court may order, Court shall order on second offence. |
ECUADOR | Two times the cost of permit; fine doubled on second offence | NO | Catch forfeited. |
EGYPT | From Pounds 5 000 up to 10 000 | NO | Vessel, gear and catch: Court may order. |
EL SALVADOR | From Colons 10 000 up to 200 000; fines doubled for second offence. For Illegal fishing of tuna or other pelagic migratory species: Colons 100 - 250 per n.r.t. (Colons 250 per n.r.t. on second offence) | NO | Vessel, gear and catch: Directorate General may order. catch: forfeited on second offence, for illegal fishing for tuna or other pelagic migratory species. |
EQUATORIAL GUINEA | Specified in applicable fisheries agreements | ||
ERITREA | NO INFORMATION | ||
ESTONIA | Unspecified in legislation | NO | Catch and gear: confiscated |
EUROPEAN COMMUNITY | See entries under member states | ||
FIJI | F$ 100 000 | NO | Vessel, gear and catch: Court may order. |
FINLAND | As court may order | Up to 2 years | Vessels gear and catch: Court shall order |
FRANCE | From FF 50 000 to 500 000, double for second offence. | NO | Catch: Court may order. |
GABON | Unauthorized vessels: from FCFA 50 000 up to2 000 000. Fishing In prohibited zone: from FCFA 2 000 000 to 50 000 000 (cumulative with emprisonment or not). | Unauthorized vessels: from 3 to 6 months. Fishing In prohibited zone: from 6 months to 2 years. (cumulative with fines or not) | Catch: seized and
sold. Vessel and gear: Court may order confiscation. |
GAMBIA | Up to Dalasis 2 000 000; for second offence up to twice the amount of fine prescribed for first offence. | Up to 8 years (up to 5 years for second offence) | Vessel: Court may
order, Court shall order on second offence. Gear and catch: Court shall order. |
GEORGIA | NO INFORMATION | ||
GERMANY | Up to DM 150 000 | NO | Vessel: Court may
order. Gear and catch: forfeiture possible. |
GHANA | From US $ 150 000 to US $ 500 000 | NO | Vessel, gear and catch: Court may order. |
GREECE | Up to 6 months | ||
GRENADA | Up to $ 500.000.00, on summary conviction | NO | Vessel and gear: Court may order. Catch: Court shall order. |
GUATEMALA | Quetral 1 to 10 per day for master, officers and crew; Q 100 to Q 5000, payable before release of vessel | NO | Catch: Court shall order. |
GUINEA | From Guinean Francs 800 000 000 up to GF 1 000 000 000 and doubled on second offence | NO | Vessel: Confiscated
on second offence. Gear and catch: Court may order on first offence; Court shall order on second offence. |
GUINEA BISSAU | Up to 3 times the amount of annual licence fees doubled on second offence | NO | Gear and catch: Court may order. |
GUYANA | G$ 200 000, on summary conviction | NO | Vessel and gear: Court may order. Catch: forfeited on conviction. |
HAITI | Up to R. 225 000 000 for offences in EEZ | . NO | Vessel, gear and catch: Court may order. |
HONDURAS | From Lempiras 10 000 | NO | Gear and catch: Court shall order. |
ICELAND | From Kr. 10 000 to Kr. 1000 000 | NO | Catch: Minister may order. |
INDIA | Up to 1 000 000 Rs, offences in EEZ; Up to 1 500 000 Rs, offences in territorial sea; Other penalties from 50 000 Rs to Rs1 000 000, foreseen by law for contravention of licence permit or gear stowage rules | NO (for offences in EEZ) | Vessel, gear and catch: Confiscation is mandatory on conviction. |
INDONESIA | Up to Rp. 225 000 000 (for illegal fishing) Up to Rp. 25 000 000 (legal fishing) | NO | Vessel, gear and catch: Court may order for illegal fishing in fishing zone |
IRAN | NO INFORMATION | ||
IRAQ | Up to ID 200 | Up to 9 months | Vessel and gear: Court may
order on second offence. Catch: Court shall order. |
IRELAND | Up to 100 000 pounds | NO | Vessel: Court may
order. Gear and catch: Court shall order. |
ISRAEL | NO INFORMATION | ||
ITALY | Up to Lit 1 000 000 (for fishing registration) | without Up to 2 years | Gear and catch: Court shall order. |
IVORY COAST | From CFAF 100 000 to 50 000 000 | From 1 to 3 years | Vessel, gear and catch: Court may order. |
JAMAICA | Up to J$ 50 000, on summary conviction; Up to J$ 250 000, on indictment; Up to J$ 500 000, for second or subsequent offence | NO | Vessel and gear: Court may order. |
JAPAN | Y 10 000 000 | NO | Vessel, gear and catch: Court may order. |
JORDAN | D 10 - 50 | ||
KAZAKSTAN | NO INFORMATION | ||
KENYA | From Shillings 50 000 up to 500 000 | From 6 months up to 2 years (in addition or instead of fines) | Vessel, gear and catch: Court may order. |
KIRIBATI | Up to A$ 250 000 | NO | Vessel, gear and catch: Court may order. |
KOREA DEMOCRATIC | NO INFORMATION | ||
REPUBLIC | |||
REPUBLIC OF KOREA | Up to Won 20 000 000 (in territorial sea) | Up to 5 years | Vessel, gear and catch: Court may order. |
KUWAIT | Dinars 50 - 500 | NO | Vessel, gear and catch: Court may order. |
LATVIA | Administrative penalties applicable reparation for injury to natural resources | plus NO | Vessel, gear and catch: Confiscated. |
LEBANON | NO INFORMATION | ||
LIBERIA | $ 5 000 to $ 50 000 | NO | Catch: Court shall order. |
LITHUANIA | Reimbursement for damages to fish resources set by rates for each species | NO | Vessel, gear and catch: confiscated(admin. proced.) |
LIBYA | Pounds 100 | 6 months | Gear and catch: Court shall order. |
MADAGASCAR | From 80 000 to 400 000 of Special Drawing Rights (parity SDR/currency on the day of payment) | NO | Vessel, gear and catch: confiscated. |
MALAYSIA | Up to Ringgit 1 000 000 each for both owner and master, Ringgit 100 000 for each crew member | NO | Vessel, gear and catch: Court may order. |
MALDIVES ISLANDS | From R 100 000 up to 1 000 000 or other sum not exceeding vessel cost | NO | Gear and gains from catch: confiscated. |
MALTA | Pounds 4 000 | 3 months on second offence | Vessel, gear and catch: Court shall order. |
MAURITANIA | Unspecified | 6 to 12 months for the Master | Vessel, gear and catch: Automatically confiscated on decision of Minister for Fisheries without appeal possible. |
MAURITIUS | 200 000 rupees(new legislation under consideration) | Up to 5 years | Vessel, gear and catch: Court may order. |
MEXICO | From 2 000 up to 20 000 times the minimum wage, doubled on second offence | NO | Vessel, gear and catch: seized (admin. priced.), eventual concurrence of penalties with fines. |
MONACO | NO INFORMATION | ||
MOROCCO | Up to 50 GRT: DH150 000 to
DH1 000 000; 51 to 100 GRT: DH1 100 000 to DH1 500 000;
101 to 200 GRT: DH1 600 000 to DH2 000 000; 201 to 500
GRT: DH2 250 000 to DH3 500 000; More than 500 GRT: DH4
000000 to DH8 000 000; In addition administrative fine amounting to triple of licence fee payable. |
1 month up to 1 year (double for second offence) or both fine and imprisonment, at Court's discretion. | Gear and catch: Court
may order on first offence. Vessel, gear and catch: Court shall order on second offence. |
MOZAMBIQUE | From M 100 000 000 | NO | Gear and catch: forfeited on decision Secretary of State for Fisheries. |
MYANMAR | Unspecified | Up to 10 years | Vessel, gear and catch: Court may order. |
NAMIBIA | R 1 000 000 | No imprisonment without option of a fine | Vessel, gear and catch: Court shall order. |
NAURU | A$ 10 000 - A$ 100 000 (owner and master); $ 5 000 (crew member) | 1 year (owner/master) 6 months (crew member) | Vessel, gear and catch: Court shall order. |
NETHERLANDS | Sanctions according to criminal legislation in force | ||
NETHERLANDS ANTILLES | NO INFORMATION | ||
NEW ZEALAND | -Criminal penalty: up to NZ
$ 100 000 from each master and owner (for crew NZ$ 5
000); -Administrative penalty: not more than 1/3 of maximum criminal penalty |
NO | Vessel: forfeited on conviction. Gear and catch: Court shall order. |
NEW ZEALAND Dependent Territories | |||
- Tokelau | NZ$ 100 000 on summary conviction (each owner and master); for crew up to NZ$ 5 000 | NO | Vessel, gear and catch: Court may order. |
NEW ZEALAND Associated States | |||
- Cook Islands | Up to NZ$ 500 000 | NO | Vessel and gear: Court shall order |
- Niue | Up to NZ$ 450 000 (owner, charterer and master); up to $ 5 000 (crew members) | NO | Vessel, gear and catch: Court shall order. |
NICARAGUA | Up to US$ 15 000 | NO | Gear and catch: Court may order. |
NIGERIA | N. 5 000 per day (for operating motor fishing boat in Nigerian territorial waters) | 1 year | Vessel, gear and catch: Court may order. |
NORWAY | Unspecified | NO | Vessel, gear and catch: Court may order. |
OMAN | R. 60, double on second offence | NO | Vessel, gear and catch: Court may order on third offence. |
PAKISTAN | Up to Rupees 10 000 000 | Up to 5 years | Vessel, gear and catch: Court shall order. |
PALAU | -Criminal penalty: up to US$
50 000 -Civil penalty: up to US$ 75 000 per violation |
NO | Vessel, gear and catch: Court may order. |
PANAMA | From B 10 000 to B 100 000 | NO | Vessel: forfeited on second offence. Catch: forfeited. |
PAPUA NEW GUINEA | From K. 2 000 up to K. 10 000 (upon conviction on indictment) | Up to 1 year (in addition or instead of fines) | Vessel: forfeited on conviction. Gear and catch: Court shall order. |
PERU | For unlicensed vessels: from 1/2 up to 5 000 UIT plus fines prescribed in relevant specific fisheries plans | NO | Catch: confiscated |
PHILIPPINES | From P 2 000 to P 100 000 | From 6 months to 10 years or both fine and imprisonment at Court's discretion | Vessel, gear and catch: summarily confiscated administratively without prejudice to any civil or criminal action that may be taken against owners and/or operators. |
POLAND | Zloty 25 000 to 1 000 000 | Up to 2 years | Vessel, gear and catch: Court may order. |
PORTUGAL | From PTE 1 000 000 up to PTE 5 000 000; fines doubled for offences in territorial sea and may be tripled in cases of negligence. | NO | Gear and catch: Court shall order. |
QATAR | Up to 5 000 Riyals | Up to 1 year | Vessel, gear and catch: Court may order on third offence. |
ROMANIA | From Lei 100 000 up to Lei 10 000 000 (payable in convertible currency) according to the nature and extent of contravention. | NO | Vessel, gear and catch: Court may order in particularly serious situations. |
RUSSIAN FEDERATION | Up to 10 000 rubles
(administrative procedure) Up to 100 000 rubles (judicial procedure) |
NO | Vessel, gear and catch: Court may order. |
ST. CHRISTOPHER AND NEVIS | Up to $ 300 000 | NO | Vessel gear: Court may order. Catch: Court shall order. |
ST. LUCIA | $ 5 000 | NO | Vessel and gear: Court may order. Catch: Court shall order. |
ST. VINCENT AND GRENADINES | $ 5 000 | NO | Vessel gear: Court may order. Catch: Court shall order. |
SAO TOME AND PRINCIPE | Db 500 - 1 000 (artisanal
fishing); Db 50 000 - 100 000 (semi-industrial fishing); Db 50 000 - 100 000 pa GT (non-tuna pelagic fishing); Db 70 000 - 150 000 pa GT (tuna fishing); All fines payable in convertible currency |
NO | Vessel: may be sold
if fines not paid in 30 days. Catch: seized and forfeited. |
SAUDI ARABIA | Riyals 10 000 | Up to 6 months | |
SENEGAL | FCFA 50 000 000 up to 150 000 000; for fishing in contravention of terms of applicable access agreement: FCFA 20 000 000 up to 50000 000, fines are doubled in cases of repeat offenders or flight | Up to 3 years | Vessel and catch: Court may order. |
SEYCHELLES | Rs 10 000 | Up to 2 years for breach of licence conditions | Vessel gear: Court
may order. Gear: Court shall order. |
SIERRA LEONE | Up to US$ 300 000 on conviction for breach of regulations | NO | Vessel, gear and catch: Court may order. |
SINGAPORE | Up to $ 1 000 for unlicensed gears. | Up to 1 year (from 3 months up to3 years for prohibited use of trawl net) | Vessel, gear and catch: Court may order. |
SLOVENIA | NO INFORMATION | ||
SOLOMON ISLANDS | SI$ 250 000 | NO | Vessel, gear and catch: Court may order. |
SOMALIA | -From Sosh 10 000 to 50 000
for small boats with engines (HP 6 - 100); -From Sosh 1 7000 000 to 4 000 000 or equivalent in foreign currency for boats with engines (101 HP and above); -From Sosh 5 000 000 to 50 000 000 for very serious offences. |
No, on first offence | Vessel: Court may
order on second offence. Gear and catch: Court may order. |
SOUTH AFRICA | From R 250 000 up to R 1 000 000 | Up to 7 years | Vessel: Court may
order on second offence. Gear and catch: Court may order. |
SPAIN | From Pes. 1 000 000 up to 4 000 000 (not to exceed 35% of value of boat and gear) | NO | |
SRI LANKA | Up to Rps.1500 000 | NO | Vessel, gear and catch: Court shall order. |
SUDAN | Up to LS 50 | Up to 3 months | Vessel, gear and catch: Court may order. |
SURINAME | Up to Guilders 500 000 | Up to 6 years | Vessel: Court has
power to confiscate "objects used to commit
offence". Gear and catch: Court may order. |
SWEDEN | From SEK 100 to SEK 1000 pa H.P of vessel | 6 months | Vessel, gear and catch: Court shall order. |
SYRIAN ARAB REPUBLIC | Twice the amount of annual licence fee; double on second offence | One month on second offence | Catch: Court shall order. |
TANZANIA | From US$ 250 000 up to US$ 500 000 | From 6 months up to 2 years | Vessel, gear and catch: Court shall order on conviction. |
THAILAND | Up to 2 000 Baht | 1 year | Vessel, gear and catch: Court may order. |
TOGO | From CFAF 120 000 up to 1200 000, fine doubled on second offence | On second offence from 15 days to 3 months | Vessel: Seized if
offence committed within 12 mile zone. Gear and catch: Court shall order on second offence. |
TONGA | For unlicensed fishing: up to T$ 500 000 (from each the master owner and charterer) | NO | Vessel catch and gear: Seized. |
TRINIDAD AND TOBAGO | For unauthorized vessels: $ 50 000 (for offences in EEZ) $ 10 000 (for offences in territorial sea) |
NO (for offences in EEZ) 6 months (for offences in territorial sea) | Vessel, gear and catch: Court shall order. |
TUNISIA | For unauthorized vessels and prohibited fishing gears and methods: Dinars 1000 to100 000, fine doubled on second offence | From 2 months up to 2 years (doubled on second offence) | Vessel, gear and catch: seized by Administrative Authority, then Court may order confiscation. |
TURKEY | Fines to be determined by Court | 2 to 4 years | Vessel, gear and catch: seized. |
TUVALU | A$ 100 000 on conviction | NO | Vessel, gear and catch: Court may order. |
UKRAINE | From 500 to 1500 min. salaries (Admin. procedure); from 1500 to 7500 min. salaries (on second offence) | NO | Gear and catch:
confiscated; Court may order on second offence |
UNITED ARAB EMIRATES | Darhams 1 000, double on second offence | NO | Vessel, gear and catch: Court may order on third offence. |
UNITED KINGDOM | Up to Pounds 50 000 on summary conviction | NO | Gear and catch: Court may order. |
UNITED KINGDOM Dependent Territories | |||
- Bermuda | Up to US$ 50 000 Double on second offence |
Up to 1 year Double on second offence |
Vessel: Court may order. |
- British Virgin Islands | Up to US$ 10 000 on summary conviction Up to 1 year | Up to 1 year | Vessel, gear and catch: Court may order. |
- Cayman Islands | Up to $ 500 for unlicensed taking of coral, algae, sponge, turtle egg, hermit crabs | Up to 6 months | Vessel and gear: Court may order. |
- Pitcairn, Henderson, Ducle and Oeno Islands | Up to NZ$ 100 000 | NO | Vessel, gear and catch: Court may order. |
- Turks and Calcos | US$ 50 000 | 1 year | Vessel, gear and catch: Court shall order upon conviction. |
- Montserrat | EC$ 100 000 | NO | Vessel, gear and catch: Court may order. |
UNITED STATES OF AMERICA | -Criminal penalty: up to $
100 000 -Civil penalty: up to $ 25 000 |
NO | Vessel, gear and catch: Court may order. |
U.S.A. Associated States | |||
- Federated States of Micronesia | -Criminal penalty: up to US$
800 000 -Civil penalty: US$ 5 000 000, or more in case of gross violation |
NO | Vessel, gear and catch: Court may order. |
- Marshall Islands | -Criminal penalty: up to US$
750 000 -Civil penalty: up to US$ 1 000 000 |
NO | Vessel, gear and catch: Court may order. |
URUGUAY | Fine calculated according to seriousness of infraction from 5% to 50% of value of vessel and cargo | NO | Gear and catch: Court
may order on first offence. Vessel, gear and catch: Court shall order on second offence. |
VANUATU | Up to 20 000 000 Vatu (each master, owner and charterer) | NO | Vessel and gear: Court may order. Catch: Court shall order. |
VENEZUELA | B 50 - 10 000 | NO | |
VET NAM | Up to VN Dong 10 000 and criminal penalties for repeated offences or serious consequences | NO | |
WESTERN SAMOA | Up to Tala 1 000 000 (for each owner and charterer) | master NO | Vessel, gear and catch: Court may order. |
YEMEN | Up to Rials 120 000 | Up to 2 years Vessel, gear and catch: Court may order. | |
YUGOSLAVIA (Serbia and Montenegro) | NO INFORMATION | ||
ZAIRE | 20 000 Z. | Up to one month | Vessel, gear and catch: Court may order. |