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Guinea Bissau

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

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
**Guinea-Bissau 12 mi (1978) - 200 mi (1978)


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
GUINEA
BISSAU
LEGISLATION
Fees amounts and other compensations for fishing rights allocated shall specified in international agreements or other access arrangements. (Art. 21)
(Decree-Law No. 4/94 of 2 August 1994 approving General Fisheries Law)
Fishing rights applicable to foreign fishing vessels
(i) and chartered vessels (ii):
(i) vessels fishing deep-water prawns = US$750/GRT/year; crawfish fishing = US$750/GRT/year; demersal species fishing = US$530/GRT/year; fishing of cephalopods and other species = US$600/GRT/year;
-for pelagic fishing, trawlers = US$300/GRT/year; purse seiners = US$3802/GRT/year; longliners= US$300/GRT/year.
(i/)-vessels fishing deep-water prawns = US$320/GRT/year; crawfish fishing = US$320/GRT/year: demersal species fishing = US$220/GRT/year; fishing of cephalopods and other species = US$250/GRT/year;
-for pelagic fishing, trawlers = US$130/GRT/year; purse seiners = US$160/GRT/year; longliners = US$ 130/GRT/year.
(Order No. 21/92 of 4 December 1992 regulating fishing rights in EEZ)

AGREEMENTS
Agreement between Guinea Bissau and the Russian Federation of 11 April 1985, valid for 10 years, renewable for 5-year periods unless notice given
Vessels allowed to operate upon payment of 15% of global production once processed and sold.
Agreement between EEC and Guinea Bissau of 1980 for fishing off the coast of Guinea Bissau, with protocol of Implementation valid for 16 June 1993 to 15 June 1995
-Financial compensation = ECU 12 000 000 payable in two equal annual instalments.
-Contribution to research and technical programs = ECU 450 000.
-Contribution to cooperation through financing of training and scholarships = ECU 250 000.
-Licence fees for trawlers per GRT and per year: ECU 188 for fishes; ECU 209 for cephalopods; ECU 266 for shrimp; amount increased by 5% and 3% when paid every 3 months and 6 months.
-Licences fees for tuna vessels and surface long liners: ECU 20/t. caught; licence issued after payment of lump sum = ECU 1 500/year/tuna seiner, and ECU 300/year/tuna pole-line vessel and surface longliners.
(Council Regulations No. 2213/1980 of 27 June 1980 and No 410/94 of 14 February 1994)
Agreement with Guinea/Guinea Bissau of 23 February 1988
-Shrimp vessel = US$110/GRT/year
-Cephalopods= US$100/GRT/year
-Other vessels = US$90/GRT/year

LEGISLATION
-International access agreements or other access arrangements required for fishing in maritime zones of Guinea Bissau by foreign fishing vessels, and shall include:
-number and characteristics of vessels, type of fishing and authorized fishing species;
-amount of fees payable;
-regular communications on statistical data regarding catch to relevant authority;
-obligation for the flag state to ensure compliance of its vessels with terms and conditions of agreements and with relevant national legislation. (Art. 21)
(Decree-Law No. 4/94 of 2 August 1994 approving General Fisheries Law)
LEGISLATION
National vessel
is defined as one owned by nationals, physical or legal entities, legally constituted in compliance with national legislation and registered in the Country. (Art. 7)
(Decree Law No. 4/94 of 2 August 1994 approving General Fisheries Law)


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
GUINEA BISSAU LEGISLATION
-Fishery access agreements shall provide for terms and conditions of fishing activities within Guinea Bissau waters. See entry under table B (Art. 21)
-Owna of foreign fishing vessels operating outside framework of international access arrangement can be required by the Minister of Fisheries, to provide designated bank with a money-caution as a performance bond of its obligations in accordance with Guinea Bissau legislation. (Art. 22)
-Scientific research operations can be authorised by the Minister upon prior presentation of detailed program outlining intended fishing operations. (Art. 24)
-No industrial fishing allowed in territorial waters, unless under limited and exceptional authorization of the Minister. (Art. 25)
-Prohibition of certain dangerous and toxical fishing methods. (Art. 26)
-Vessel and fishing gear required to bear specific markings. (Art. 27)
-Minister of Fisheries shall provide further regulations on matters such as: fishing zones, fishing gear, mesh length, catch quotas, by-catch percentage, transhipment, boarding of inspectors and observers, support vessels. (Art. 12)
Note: Previous Regulations still apply if in compliance with new Fisheries Law No. 4/94.
(Decree-Law No. 4/94 of 2 August 1994 approving General Fisheries Law)
-Transhipments and support operations subject to special authorization by Minister. (Art. 11)
-Vessels may be required to take observers on board and to provide them with food, accommodation, and work facilities. (Art. 24)
-Catch of certain species forbidden. (Annex IV)
-Minimum mesh size for demersal trawling is 60 m.m. (Art. 18)
(Decree No. 10/86 of 26 April 1986)
-Licence applicant of chartered foreign fishing vessels shall provide Licensing Officer with documents regarding GRT, charter agreement, seaworthiness of vessel, crew members, payment of fees and other. (Annex (1.1))
-Licence applicant of foreign fishing vessels shall in addition of supra be submitted to local landing obligation of 50 kg./GRT every 3 months by vessel. (Annex (2))
(Order No. 21/92, of 4 December 1992, regulating fishing rights in EEZ)
AGREEMENTS
Agreement between EEC and Guinea Bissau of 1980 for fishing off the coast of Guinea-Bissau, with protocol of implementations valid for 16 June 1993 to 15 June 1995
-Licence not transferable and to be held on board at any time.
-Application must be submitted by each Community vessel to Guinea-Bissau authorities, at least 30 days before commencement of fishing operations.
-Shipowner shall recruit local seamen in the following proportion: 3, 4 and 5 for trawlers under 300 GRT, between 300 GRT-400 GRT, and over 400 GRT; for tuna seiners float = 4 boarded permanently; for float of tuna pole-line vessels and surface longliners = 6 with maximum 1/vessel.
-Fishing possibilities set as follows: for freezer shrimp trawlers = 11 000 GRT/month on annual average; for freezer trawlers fishing fish and cephalopod = 4 000 GRT/month on annual average; for freezer tuna seiners = 22 vessels; tuna pole-line vessels and surface longliners = 10 vessels.
-Maximum of authorized by-catch: for vessels fishing fish = 10% of crustaceans of total catch on board; for vessels fishing cephalopods = 5% of crustaceans and 30% of fish on total catch; in addition tuna pole-line vessels authorized to fish live bait.
-Vessel shall allow boarding of designated observer.
-Freezer trawlers shall undertake activities beyond the 12 mile zone.
-Minimum mesh size of trawls codend: 60 m.m. for fish; 40 m.m. for cephalopod; 40 m.m. for shrimp; 16 m.m. for live bait; outrigger fishing authorized.
(Council Regulations No. 2213/1980 of 27 June 1980 and No. 410/94 of 14 February 1994)
Note: New Protocol of Fisheries Agreement between Senegal and Guinea-Bissau signed in late 1970's is currently being formulated
(Source: INFOSAMAK, 1 September 1995)
LEGISLATION
-All data collected during scientific and technical fishing operation shall be transmitted to the Ministry. (Art. 24)
-Fishing industrial vessels authorised to fish in EEZ shall communicate by radio, or other appropriate means, moments of entry and departure in/from zone, catch and geographical position, to the Fisheries Ministry and at regular times to be defined. (Art. 30)
(Decree-
Law No. 4/94 approving General Fisheries Law) AGREEMENTS
Agreement between EEC and Guinea-Bissau of 1980 for fishing off the coast of Guinea-Bissau, with protocol of Implementation valid for 16 June 1993 to 15 June 1995

-EC vessels to communicate to Guinea-Bissau Authorities catch statements and fishing logs according to prescribed form and timetable set by category of fishing vessel.
-Entry and departure in/from the Guinea-Bissau waters to be reported by radio.
(Council Regulations No. 2213/1980 of 27 June 1980 and No. 410/94 of 14 February 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 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
GUINEA-BISSAU X X X X     X   X X X X X X X X X     X   X X90   X  


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
GUINEA BISSAU Up to 3 times the amount of annual licence fees doubled on second offence NO Gear and catch: Court may order.

 


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