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Congo

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

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
*Congo (People's Republic) 200 mi (1977) - -


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
CONGO LEGISLATION
-Licence fee calculated as follows: T = R X J X P;
T = tax amount in FCFA; R= basic royalty (FCFA 60 000); J= GRT; P= ratio depending on species fished (for demersal species = 1; for crustaceans = 2; for tuna fish = 1; for pelagic species = 0,5); (art. 12)
-For scientific fishing licence, flat fee of FCFA 1 500 000 (art. 31); vessels belonging to International Organizations are exempted from fees (art. 34);
(Law No. 015/88 of 17 September 1988 on Maritime Fisheries)
-For vessels fishing both demersal and pelagic species P = 1;
-for vessels fishing both shrimps and fishes P = 3; (art. 6).
(Order No. 921 of 31 March 1994, setting up rules governing exercise of industrial maritime fisheries)

AGREEMENTS
Agreement with Gabon of 9 November 1982
Provides for reciprocal fishing rights; no fees specified.
Agreement with Angola of 22 October 1985
Provides for reciprocal fishing rights; no fees specified.

LEGISLATION
-Licences may be issued to foreign fishing vessel only where bilateral reciprocal agreement in force with flag state or where special agreement on maritime fishing has been concluded with flag state.
(Art.14)
-Fishery agreement to provide for type and number of licences, vessels capacity, and specify conditions of local landing, boarding and training of Congolese crew. (Art. 41)
(Law No. 015/88 of 17 September 1988 on Maritime Fisheries)

LEGISLATION
-Congolese fishing vessel defined as fishing vessel at least half owned by Congolese nationals or by nationals of another state with which reciprocal agreement has been concluded.
-Where vessel belongs to a company, head office must be in the Congo, the chairman of the Board, the General Manager, and the majority of the members of the Board must be Congolese nationals, and at least 50% of the share capital must be held by Congolese nationals or nationals of
another state with which reciprocal agreement concluded. (Art. 15)
(Law No. 30-63 of 4 July 1963 adopting Marine Merchant Code)


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
CONGO LEGISLATION
-Foreign fishing vessels must have a licence or an authorization from Fisheries Authorities to operate in Congolese waters (art. 16); issuing and renewing of licences to be done within the limits of surplus of resources available, and subordinated to conclusion of an agreement (art. 41); vessel to be submitted to inspection in Congolese port before licensing (art. 45).
-Licence is nominative and inalienable, is valid for one year, renewable from January 1st of each year (art. 18); to be kept on board (art. 19).
-Vessels to bear clear identification marks and to carry documents attesting to nationality, and indicating name and address of captain or owners. (Arts. 21 and 22)
-Scientific fishing by foreign vessels to be authorized through licences for scientific fishing.
(Law No. 015/88 of 17 September 1988 on Maritime Fisheries)
LEGISLATION
-Master to maintain fishing logs on daily bases; fishing logs to be transmitted to the relevant Fishery Authority at the end of each tide*. (Art. 11)
-Master to provide observers on board with all facilities. (Art. 12)
-Boarding of observers on industrial foreign fishing vessels, is obligatory and stands for a condition of access to Congolese waters. (Art. 13)
(Order No. 921 of 31 March 1994. setting up rules governing exercise of industrial maritime fisheries)
*Note: Length of tide unspecified, but should be equivalent to 60 days or one fishing haul


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 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
CONGO (PEOPLE S REP.) X X X   X     X     X   X               X XD X      


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
CONGO From FCFA 50 million to 250 million; double for second offence within 3 years NO Gear and catch confiscated.

 


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