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Table A: -Limits of territorial seas, fishing zones and exclusive economic zones-
| STATE | TERRITORIAL SEA | FISHING ZONE | ECONOMIC ZONE |
| *Madagascar | 12 mi (1985) | - | 200 mi (1985) |
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 |
| MADAGASCAR | LEGISLATION -Granting of licence is submitted to prior payment of fees set by order. (Art.11) -In case licence is cancelled for purposes of sustainable management of the stocks affected, the remainder of licence fee will be reimbursed. (AH 30) (Decree No. 94-112 of 18 February 1994. setting general organization of maritime fisheries activities) AGREEMENTS |
LEGISLATION -In absence of agreement, Minister in charge of fisheries and aquaculture can conclude with natural or legal person from foreign State, a protocol of agreement setting conditions of fishing operations. (Art. 20) -Fishing agreement to mention period of licence validity, catchable species, quotas by species. (Art. 22) -International agreements may provide for: -number and characteristics of vessels, fishing zones, methods, gear, and catchable species; -licensing conditions for the owner or his representant; -amount of fees and other compensations; -periodical communication requirements for statistical data on catches; -flag State obligation to comply with terms and conditions of agreement and legislation in force; -consistent with development and management fishery plans; -eventually agreement can also provide for: local landing of ali or part of catches; training of nationals; transfer of technology and construction of infrastructure; boarding of inspectors or observers and others. (Art. 24) (Decree No. 94-112 of 18 February 1994, setting general organization of maritime fisheries activities) |
LEGISLATION Foreign fishing vessels defined as fishing vessels which are not: -vessels owned by Malagasy State, nationals or companies, landing all their catch in Madagascar; -vessels under charter-party with Malagasy and landing locally all their catch; -vessels owned by foreigners but based in Madagascar, where all their catches are landed. (Arts. 8 and 9) (Decree No. 94-112 of 18 February 1994. setting general organization of maritime fisheries activities) |
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 |
| MADAGASCAR | LEGISLATION -Industrial and artisanal fishing in waters under Malagasy jurisdiction allowed to foreign vessels by agreement or special fishing licence. (Art. 13) (Ordinance No. 93-022 of 4 May 1993, setting rules for Fisheries and Aquaculture) -Fishing of coastal crustaceans and demersal species can not be undertaken by foreign fishing vessels. (Art. 10) -Fishing vessels in transit in Malagasy waters shall stow their fishing gear. (Art. 21) -Minister of Fisheries and Aquaculture may determine number of vessels flying foreign flag allowed to fish, licences period of validity, catchable species and quota by species. (Art. 22) -Foreign vessels to report by all communication means, position and entry/departure in/from Malagasy maritime zones. (Art. 23) -Application form for special fishing licence to mention: vessel name, registration number and port, identification markings, name and address of owner or charterer, GRT, horsepower, signals and radio frequencies, fishing methods, periods, species targeted. (Art. 25) -Licence delivered for one vessel and original to be kept on board. (Art. 26) -Licence shall include additional information such as: fishing zones, gear, local landing and transhipment requirements, entry, conditions of supplying and maintenance conditions of vessels, training and employment of Malagasy crew, boarding of observers, amount and payment conditions of fee. (Art. 27) -Vessel name and call sign to be displayed in prescribed way. (Art. 29) (Decree No. 94-112 of 18 February 1994, setting general organization of maritime fisheries activities) AGREEMENTS |
LEGISLATION -Master of foreign fishing vessel shall (daily) maintain and communicate (monthly) to Fisheries Administration, a fishing log reporting on fishing zone, meteorological conditions, fishing gear used, tonnage of catches on board by main species, tonnage of by-catches, etc. (Art. 28) (Decree No. 94-112 of 18 February 1994. setting general organization of maritime fisheries activities) AGREEMENTS Fisheries Agreement between Madagascar and EEC, renewed In 1995, valid 3 years -Vessels to communicate with Antsiranana radio station every 3 days while engaged in fishing activities in Madagascar fishing zone, giving position and catches. -Vessels to communicate catch results at end of each trip. -Twice a year, Government to forward data regarding state of catches to EEC delegate in Madagascar. |
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 |
| MADAGASCAR | X | X | X | X | X | X | X | X | X | X | X | XD | XM |
Table E: -Penalties for unauthorized foreign fishing-
| STATE | FINES | IMPRISONMENT | FORFEITURE |
| 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. |