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El Salvador

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

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
*El Salvador 200 mi (1983) - -


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
EL SALVADOR LEGISLATION
-Permit and licence fees to be set by law. (Art. 35)
-Fishing for pelagic and migratory species subject to special regime.
-Vessels must hold, in addition to special fishing licence:
- a General Permit (valid one year) = 10 colones/n.r.t. (art. 77); and
- a Special Permit (valid 90 days) = 75 colones per n.r.t. (art. 79)
(General Law on Fisheries Activities' 1981)
LEGISLATION
-By way of exception and in order to fulfill development plans, Salvadorian enterprises holding high seas and distant water fishing licences may be authorized to contract foreign fishing vessels as principal or auxiliary fleet units for a period up to 3 years.
-Authorization to be granted by Executive Order on payment of appropriate fees. (Art. 40)
-All inshore (up to 12 mi) fisheries and high seas (12 to 200 mi) demersal fisheries reserved for nationals, cooperatives and Salvadorean nationals. (Art. 25)
-Foreign governments not permitted to hold shares in enterprises dedicated to artisanal, inshore, or high seas (demersal) fisheries. (Art. 28)
(General Law on Fisheries Activities, 1981)
LEGISLATION
Local fishing vessel
defined as vessel owned by nationals, cooperative associations or companies with a majority holding by local citizens
(General Law on Fisheries Activities. 1981. art. 26)


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
EL SALVADOR LEGISLATION
-Fishing in 12 mile coastal zone (pesca de bajura) reserved for national and Central American fishermen and local companies (at least 50% local ownership; proof of ownership structure may be required). (Arts. 25 and 26)
-Foreign flag vessels authorized to fish under partnership with Salvadorian enterprises, must carry documents required by competent marine authorities on board: licence, permit, international certificate of health, and Executive Order granting authorization and international inspection certificate. (Art. 41)
-No transshipment of catch outside authorized ports, auxiliary vessels excepted, which can receive transhipments if supervised by authorities. (Art. 42) Authorized fishing vessels must:
(a) catch authorized species only;
(b) comply with appropriate conservation measures;
(c) provide access to installations, vessels to officers and employees of Directorate General and furnish such information as required;
(d) use gear and equipment that do not contaminate the environment;
(e) land catch only at authorized places;
(f) use forms provided by Directorate General to make complete reports of each fishing trip;
(g) stow fishing gear,
(h) fulfil other duties as required by law, regulation or orders of competent authorities. (Art. 50)
Fishing for pelagic and migratory species subject to special rules applicable to the 12-200 mile area:
-Nationals or foreigners wishing to fish must apply to Directorate General for Special Fishing Licence (valid I year) (Art. 76)
-Authorized vessels must be registered each calendar year and must have certification of registration in the form of a "General Permit" (valid for 1 year). Applications for registration to be made in November or December. (Art. 77)
-Each vessel also required to hold a "Special Permit" issued by Directorate General (valid for up to 90 days) (Art. 78)
-Foreign companies holding special permits are subject to relevant provisions of the law and regulations. (Art. 80)
(General Law on Fisheries Activities, Decree No. 799 of 14 September 1981)
LEGISLATION
-Authorized fishing vessels must use forms provided by Directorate General to make complete reports of each fishing trip. (Art.50)
Controls over transit by unlicensed fishing vessels:
Foreign fishing vessels that need to transit waters under national jurisdiction must request permission by radio of the appropriate Harbour Master, and must undertake innocent passage or reach their port of destination within 48 hours.
(General Law on Fisheries Activities, Decree No. 799 of 14 September 1981)


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
EL SALVADOR   X X               X   X X                     X X


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
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.

 


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