Ch026

Table A: -Limits of territorial seas, fishing zones and exclusive economic zones-

STATE	TERRITORIAL SEA	FISHING ZONE	ECONOMIC ZONE
**Cape Verde	12 mi (1992)	-	200 mi (1992)

Table B: -Licence fees, bilateral agreement or joint venture requirements and nationality criteria-

STATE	Licence fees, royalties and others local currency	Requirements concerning bilateral framework agreements or joint venture participation	Nationality criteria for fishing vessels
CAPE VERDE	LEGISLATION Fees to be set by decree or in access agreement. (Decree Law No. 17/87 of 18 March 1987 defining general principles of fishing policy) Fees per year set as follows: -Trawling: vessels up to 50 GRT = Esc 1 500; between 50 and 100 GRT = Esc 4 500; more than 200 GRT = Esc 12 000. -Small pelagics: vessels up to 5 GRT = Esc 100; between 5 and 15 GRT = Esc 200; more than 15 GRT - Esc 150; Beach seines = Esc 100 -Gill nets (per net):up to 200 m. = Esc 100; between 200 m. and 500 m. = Esc 200; more than 500 m. = Esc 300. -Liftnets: up to 5 GRT = Esc 100; between 5 and 15 GRT = Esc 200; more than 15 GRT = Esc 300. -Traps (single) = Esc 450; Traps (double) = Esc 1 000. -Line fishing: up to 2 GRT = Esc 50; between 2 and 10 GRT = Esc 100; between 10 and 50 GRT = Esc 200; more than 50 GRT = Esc 300 -Support vessels: up to 50 GRT = Esc 200; more than 50 GRT = Esc 300 -Coral and sponges/trawling: up to 50 GRT = Esc 3 000; between 50 and 100 GRT = Esc 5 000; between 100 and 200 GRT = Esc 7 000; more than 200 GRT = Esc 10 000 -Coral and sponge/diving: up to 50 GRT = Esc 2 000; between 50 and 100 GRT = Esc 4 000; between 100 and 200 GRT = Esc 6 000; more than 200 GRT = Esc = 9 000. -Coral and sponge/Other: up to 50 GRT = Esc 2000; between 50 and 100 GRT = Esc 4000; between 100 and 200 GRT = Esc 6000; more than 200 GRT = Esc 9000. -Tuna fishing with purse seine: up to 50 GRT = Esc 500; between 50 and 100 GRT = Esc 1000; between 100 and 200 GRT = Esc 2000; more than 200 GRT = Esc 4 000. -Pole and line tuna fishing: up to 50 GRT = Esc 200; between 50 and 100 GRT = Esc 300; between 100 and 200 GRT = Esc 400; more than 200 GRT = Esc 1 000. -Longline tuna fishing: up to 50 GRT = Esc 1 000; between 50 and 100 GRT = Esc 2 000; between 100 and 200 GRT = Esc 3 000; more than 200 GRT = Esc 5 000; -Crustacea fishing with traps: up to 50 GRT = Esc 1 000; between 50 and 100 GRT = Esc 2 000; between 100 and 200 GRT = Esc 2 000; more than 200 GRT = Esc 3 000; (Ministerial Order No. 58/87 of 6 November 1987) AGREEMENTS Fishery Agreement between Cape Verde and EEC of 1990, with agreement under exchange of letter for provisional application of Protocol setting financial compensation and fishing possibilities for the period 6 September 1994 to 5 September 1997 Licence fee set as follows: -ECU 20/t. caugth, plus lump sum of ECU 1 500/year (=75 t. tuna per year) for tuna seiners and ECU 300/year (= 15t. tuna per year) for tuna liners and surface longliners; -bottom longliners = ECU 100/GRT and according to period of licence validy; -experimental fishing of cephalopods = ECU 60/GRT/year. (Protocol and Annex of Agreement 1990) Note: Information from Protocol 1994/1997 not included. (Council Regulation No. 2321/90 of 24 July 1990; Council Decision No. 94/744 of 10 November 1994)	LEGISLATION Access agreement required with flag state before foreign fishing vessel may be authorized to fish in Cape Verdian waters. (Decree-Law No. 17/87 of 18 March 1987, defining general principles of fishing policy, art. 30)	LEGISLATION Local fishing vessel defined as one wholly owned by State or other public entities, by Cape Verdian citizens, or at least 51% of capital belonging to Cape Verdian citizens or Cape Verdian interests with head office in Cape Verde and with a Board of Directors of which chairman and majority of members are Cape Verdian citizens and with a Cape Verdian sole manager or director-general. (Art. 9(1)) Locally based foreign fishing vessel defined as foreign fishing vessel based in Cape Verde and landing at least a part of their catches in Cape Verde. (Art. 9(3)) (Decree-Law No. 17/87 of 18 March 1987, defining general principles of fishing policy) AGREEMENTS Agreement between Cape Verde and Senegal of 29 March 1985 with protocol National vessel defined as vessel which flies the flag of either Senegal or Cape Verde and which is at least 51% owned by nationals of Senegal or of Cape Verde, or by a company of which at least 51% of capital is held by Senegalese or Cape Verdians, with head office in one of the two countries, a Board of Directors of which the chairman and majority of members are nationals and a manager or director-general who is a national of Senegal or Cape Verde. (Art. 4)

Table C: -Coastal State requirements for foreign fishing-

STATE	Foreign fishing vessel licence conditions (other than reporting requirements) including observers, bonds, etc.	Logbook, and reporting requirements foreign fishing
CAPE VERDE	LEGISLATION -Access agreements to include a provision establishing responsibility of foreign country or other entity to take necessary measures to ensure that its vessels comply with agreements and fishing laws. (Arts. 32 and 33) -Conditions which may be specified in a licence may relate to the following: fishing methods and related authorized activities, authorized fishing areas, species and quantities of fish, restrictions regarding incidental catch. (Art. 27) -Licence not transferable. (Art. 74) -Licence must be kept on board. (Art. 25(a)) -Identification marks must be displayed by vessels. (Art. 25(d) -Gear must be stowed when vessel is in area where not authorized to fish. (Art. 52) -Transhipments to be specially authorized by the competent authority. (Art. 46) -Catch of marine mammals forbidden. (Art. 12) -Fishing in archipelago waters and in territorial waters and crustacean fishing in the EEZ is reserved for Cape Verde nationals. (Arts. 11(a) and 11(2)) (Decree Law No. 17/87 of 18 March 1987 regarding general principles of fishing policy) AGREEMENTS Agreement with Senegal of 29 March 1985 with implementing protocol renewable unless notice given -Tuna boats and "cordiers" allowed to operate in all areas under the jurisdiction of Cape Verde. -Sardine boats allowed to operate only three miles from baseline. Fishery Agreement between Cape Verde and EEC of 1990, with agreement under exchange of letter for provisional application of Protocol setting financial compensation and fishing possibilities for the period 6 September 1994 to 5 September 1997 -No fishing of EEC vessels in national fishing zone without licence; licence issued after payment of fees which include all national and local taxes except port fee. -Licence issued for one year renewable, for one vessel, non transferable except in case of force majeure. -Licence to be held on board at all times. -EEC tuna vessels may supply tuna canning factories of Cape Verde, at international market price. -Tuna vessels landing their catch in local port may leave a part of their by-catch at the disposal of local fishery authorities, at local market price. -Percentage of Cape Verde's seamen among the crew set as follows: 3 for entire tuna seiners float; 8 for tuna liners float (maximum 1/vessel); 2 for surface longliners float (maximum 1/vessel). -Captain of vessel of more than 150 GRT shall allow designated observer on board and provide him with all facilities to perform his duty; owner shall meet the relevant costs. -Fishing zones limited as follows: for tuna seiners and surface longliners = beyond 12 n.m.; for tuna liners = beyond 6 n.m.; live bait fishing and bottom longliners = from straight baselines; for experimental cephalopod fishing vessels = no limitation. -Minimum mesh size authorized: 16 m.m. for bait live fishing and 40 m.m. for cephalopod fishing; for tuna application of ICCAT norms. (Protocol and Annex of Agreement 1990) Note: Information from Protocol 1994/1997 not included (Council Regulation No. 2321/90 of 24 July 1990; Council Decision No. 94/744 of 10 November 1994)	LEGISLATION Foreign vessels required to: -maintain logbooks; (art. 25(b)) -report location and time of entry into and exit from EEZ limits and position at intervals as required; (art. 26) -report statistical data (Art. 25(c)) (Decree Law No. 17/87 of 18 March 1987 regarding general principles of fishing policy) Vessels authorized to fish in Cape Verde's waters shall bear identification markings consistent with FAO's standard technical specifications with concern to localisation, length, colour, letters and numbers of marks. (Decree No. 55 of 14 July 1990 on exhibition of identification markings by fishing vessels) AGREEMENTS Agreement with Senegal of 29 March 1985 renewable unless notice given -Monthly returns of catch to be provided. Fishery Agreement between Cape Verde and EEC of 1990, with Agreement under exchange of letter for provisional application of Protocol setting financial compensation and fishing possibilities for the period 6 September 1994 to 5 September 1997 -For tuna seiners and pole-liners, and surface longliners, fishing logbook required for each fishing period and to be transmitted at the end of fishing campaign. -For bottom longliner and experimental cephalopod vessels, a catch to be declared monthly and transmitted every 3 months. -Entry and departure from/in the fishing zone to be reported at specific moments and intervals through determined radio station. (Protocol and Annex of Agreement 1990) Note: Information from Protocol 1994/1997 not included (Council Regulation No. 2321/90 of 24 July 1990: Council Decision No. 94/744 of 10 November 1994)

Table D: -Compliance control and reporting conditions-

- For key to alphabetical code see page preceding this table.
- Numbers represent periodicity of reports(in days / hours) or deadlines For submission of reports; W = weekly; D = daily; M = monthly; R = on request .
% = Reports must be made every 3 days for vessels from Norway, Sweden and Faroes when fishing for herring, weekly when fishing for other species .
O = Logbook to be filled out(radio report to be made) after every fishing operation .
* = Country is a part to the South Pacific FFA arrangement which stipulates that licences will not be issued to foreign fishing vessels unless those vessels are listed in good standing on the FFA - maintained regional register of fishing vessels .

COMPLIANCE CONTROL AND OTHER CONDITIONS

A . Vessel to bear specified identification markings
B . Licence / permit to be carried on board
C . Vessel to board observers as required
D . Vessel to submit fishing plan
E . Vessel to put in for port inspections on entry / departure from zone
F . Vessel to carry specified position fixing equipment / transponders
G . Vessel owners to appoint local legal agents
H . Flag state to appoint national representative
I . Vessel to post performance bond / guarantee / deposit
J . Vessel to carry interpreters
K . Vessel to Seek prior authorization for transhipments
L . Vessel to stow gear while in area where not authorized to fish
M . Requirements concerning local landing / processing of catch
N . Requirements concerning protection of local fisheries / gear
O . Requirements concerning employment / training of coastal state nationals in crew

REPORTING REQUIREMENTS

P . Reporting on or prior to entry into the zone
Q . Reporting on or prior to departure from the zone
R . Reporting on commencement or cessation of fishing operations
S . Reporting on or prior to entry into coastal state ports
T . Timely reporting on position
U . Timely reporting on catch and effort
V . Maintenance of fishing logs .
W . Submission of logbooks / catch reports : - on request / as required / at specified intervals
X . Submission of logbooks / catch reports : - on entry into port
Y . Submission of logbooks / catch reports : - on / after completion of voyage / end of permit
Z . Controls over transitting of zone by unlicensed foreign fishing vessels

COASTAL COUNTRIES

CAPE VERDE

Table E: -Penalties for unauthorized foreign fishing-

STATE	FINES	IMPRISONMENT	FORFEITURE
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.

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