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Mauritania

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

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
*Mauritania 12 mi (1988) - 200 mi (1988)


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
MAURITANIA LEGISLATION
-Fees or other payments due by foreign fishing vessel which are exempted from obligation of landing catches cannot be inferior to amount paid by national fishing vessel obliged to land catches
(art. 10).
-Shipowner of vessel fishing outside international arrangement or agreement must pay caution-money to the Treasury, to guarantee compliance with all legislation in force; caution-money returns to ownership on the date of licence expiry, in view of a discharge issued by Minister in charge of fisheries; otherwise money is kept in appropriate measures by Mauritanian state. (Art.12)
(Ordinance No. 88-144, of 30 October 1988, adopting the Code of Maritime Fisheries)
-Fees in percentage of global rate of FOB value of catches:
-for foreign vessel fishing pelagic species = 16,50%; shrimps = 18%; crayfish = 18%;
-for chartered vessels fishing sharks, flat fishes, hakes, sparidaes, red mullets, soles, octopus, cuttle fishes, squids and cephalods = 20,50%; horse mackerels, tunas, bonitos, sardines, mackerels, = 11,69%;
(Source: SYDONIA "Système Douanier Automatisé" version of 6 March 1995)
LEGISLATION
Access to exploitation of Mauritanian maritime resources by foreign fishing vessels may be reached through International Agreements or other arrangements which may:
-specify number and technical characteristics of fishing vessels, as well as type of fishing and species and quantity authorized; vice versa obligation valid for Mauritanian vessels;
-determinate the amount of fees, or other payments in money or in kind or benefits; financial clauses and clauses related to harvesting capacity to be set for maximum 12 months;
-provide for regular and periodical reports on catches;
-oblige flag State or relevant authorities to comply with international agreements and Mauritanian legislation; (art. 11)
-Minister of fisheries should promote international agreements and organisms for cooperation in maritime resources management with regional states (art. 16)
(Ordinance No. 88-144, of 30 October 1988. adopting the Code of Maritime Fisheries)
AGREEMENTS
Protocol of Fisheries Agreement Mauritania/EEC, valid from 1 August 1993 to 31 July 1996
-Total amount of financial compensation = ECU 26 000 000 payable in annual instalments, with ECU 900 000 financing scientific and technical programmes, and ECU 360 000 for practical training.
-Licence fees payable by shipowner to Mauritanian public treasury: (i) for tuna vessels and surface longliners = lump sum of ECU 2000/year for each pole-and-line and surface longliner vessel; lump sum of ECU 1000/year for each freezer tuna seiner; (ii) for other vessels = ECU 276/GRT for vessels fishing crustaceans; ECU 142/GRT for black hake trawlers and bottom longliners; ECU 156/GRT for trawlers fishing other demersal species; ECU 133/GRT (vessels <100 GRT) and ECU 200/GRT (vessels >100GRT) for vessels other than trawlers and fishing other demersal species; ECU 242/GRT for pot vessels.
(Council Regulation (EC) No.1348/94 of 2 June 1994)
LEGISLATION
Local fishing vessel
defined as one:
-at least for 51 % owned by nationals, or;
-owned by companies registered in Mauritania, with at least 51% of the share capital held by nationals, not transferable unless upon authorization of Merchant Shipping Minister; having a chairman of the Board and a majority of Directors who are nationals.
(Law No. 95-009 of 31 January 1995 adopting Code of Merchant Shipping, art.18)


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
MAURITANIA
LEGISLATION
-No vessel can fish in Mauritanian maritime waters without a licence. (Art. 19)
-Licence to be held on board. (Art. 20)
-Licence granted for maximum 12 months. (Art. 21)
-Licence conditions and forms set out by Ministerial Order. (Art. 24)
-Foreign fishing vessels to be registered before granting of licence; registration requires technical and administrative information on the vessel, as well as information on fishery agreement at stake, licence specifications, controls and sanctions regarding the vessel. (Art. 17)
-Obligation to land catches in Mauritania, unless derogation from Minister of fisheries; no derogation possible for vessels fishing cephalopods. (Art. 10)
-Fishing operations for scientific researches to be authorized by Minister.
-Name, number and letters of vessel identification to be displayed. (Art. 26)
-Chartering of foreign vessels by nationals for fishing operations in Mauritanian waters allowed, according to halieutic stocks available.
-Foreign vessels not allowed to fish in Mauritanian waters must stow fishing gear. (Art. 32).
(Ordinance No. 88-144 of 30/10/1988 adopting Maritime Fisheries Code)
-Licence application forms must mention: name and technical characteristics of the vessel; name and nationality of the master, Nationality and port of registry of the vessel; description of activities planned (species targeted, fishing gear, fishing period, landing areas and destination of catch); name, address, capacity and powers of local representative of the owner, and other information required by Minister for Fisheries. (Art. 7)
-Modifications to licensed foreign fishing vessel has to be notified to Minister for fisheries within 30 days. (Art. 9)
-Chartering of foreign vessels fishing: (a) demersal species and cephalopods requires exceptional authorization by Decree of Minister, and has to provide the Mauritanian part with minimum 35% of the value of the catch; and (b) shellfish and pelagic species to be allowed for temporary periods by Minister of fisheries with minimum 33% for mauritanian; rate of authorized by-catches for cephalopods, demersal species and shellfish < 10% of authorized species, and for pelagic species < 3%. (Art. 10)-Areas of limited and prohibited fishing determined. (Art. 12)
-Minimum mesh size of nets: gill and trammel nets = 110 m.m.; pelagic and shrimp trawls = 40 m.m.; demersal trawls = 70 m.m.; tuna purse net = 140 m.m.; surrounding seine = 20 m.m.; derogation authorized by Minister for
Fisheries. (Art. 13)
-Minimum size of fish listed by species. (Art. 14)
-Stowage of fishing gear by unauthorized foreign vessels to be done in prescribed way. (Art. 16)
-Radio call sign from IUT to be displayed on upper part of superstructure so as to be visible from the air, with black or white characters and in determined size according to vessel dimensions. (Art. 17)
-Master of industrial fishing vessel, when required by Minister or a relevant Control Authority, must allow Mauritanian scientific observers on board and provide them with all necessary facilities and assistance. (Art. 18)
-Minimum 35% of the crew on board including master and officers, must have mauritanian nationality, except ministerial derogation. (Art. 19)
(Decree No. 89-100 of 26 July 1989, for enforcement of Ordinance adopting the Maritime Fisheries Code)
-Vessel must have regular certificate of compliance with international conventions related to security and protection of marine environment.
(Law No. 95-009 of 31 January 1995 adopting Code of Merchant Shipping, arts. 151 and 158)
-Charter-party for pelagic resources subject to: dispatching of 22%-78%; minimum guaranteed 7 000 t./year and by super-atlantic.
(Circular No. 277/94 of 25 July 1994, concerning new conditions of chartering)

AGREEMENTS
Protocol of Fisheries Agreement between Mauritania and EEC, valid from 1 August 1993 until 31 July 1996
-Fishing opportunities granted as follows:
- for specialized vessels (expressed in GRT/month annual average): (a) for crustaceans excepted crawfish = 4 500; (b) black hake trawlers and bottom longliners = 12 000; (c) vessels, trawlers excepted, fishing other demersal species = 2 600; (d) trawlers fishing other deepwater demersal species =4 200; and (e) pot vessels = 300;
- for vessels fishing highly migratory species (number of vessels): 11 pole-and-line tuna vessels and surface longliners; 34 freezer tuna seiners.
-Delegation of EEC shall introduce licence application in the prescribed form, to Mauritanian fisheries authorities with a tonnage certificate in case of tuna freezer seiners.
-Freezer tuna seiners and pole-and-line tuna vessels excepted, vessels to undergo pre-licensing inspection in local port.
-Licence valid for one vessel and issued after payment of fees; must be held on board at all times.
-Licences for tuna vessels and surface longliners issued for 12 months; licences for other vessels issued for 3, 6 or 12 months renewable.
-Determined proportion (25%-35%) of the crew should be Mauritanian seamen.
-At the request of Mauritanian authorities, scientific observer shall be taken on board, within quota for Mauritanian crew members.
-Community vessels operating in Mauritanian fishing zone to allow on board, Mauritanian officials responsible for inspecting and monitoring fishing activities.
-Access to fishing zone is set within specific limits for each type of fishing vessel.
-By-catch may not exceed a certain proportion of the total catch: (a) for vessels specialized in crustaceans, crawfish excepted = 20% fish, 15% cephalopods; (b) black hake trawlers and bottom longliners = 35% fish, 0% shrimp and cephalopods; (c) trawlers for deepwater demersal species = 10% with 5% for shrimp and 5% for cephalopods; and (d) other vessels fishing demersal species = 0%
-Minimum mesh size authorized are: 40 m.m. for crustaceans; 60 m.m. for black hake trawlers; 70 m.m. for other trawlers; 120 m.m. for vessels fishing other demersal species with fixed gillnet; 8 m.m. for pole-and-line tuna vessels with live bait; ICCAT standards for tuna seiners. (Council Regulation No. 1348/94 of 2 June 1994)

LEGISLATION
-Statistical data and form for catch reports to be supplied to relevant department of fisheries. (Art. 30)
-Scientific data collected during fishing operations for scientific research be sent to Minister of Fisheries. (Art. 26)
-Master and owner of the vessel to maintain updated logbook (art. 31); specific requirements regarding tuna vessels.
-Vessel must report through determined radio and frequency, time and location of entry and departure in Mauritanian waters, as well as position at regular intervals, cargo and relevant documents, and catches. (Art. 33)
(Ordinance No. 88-144 of 30 October 1988 adopting Maritime Fisheries Code)
-Master of the vessel to maintain catch report on a daily basis to be transmitted to the relevant authority, at the end of every tide or by radio, during the course of fishing operations, if required. (Art. 10)
(Decree No. 89-100 of 26 July 1989' for enforcement of Ordinance adopting the Maritime Fisheries Code)
- Tide means for duration of haul; maximum duration of tide for industrial fishing is: 60 days for vessels fishing demersal species, and 40 days for vessels fishing pelagic species.
(Order No. R-122 of 18 December 1983 setting duration of tides for industrial fishing vessels)


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
MAURITANIA X X X   X X     X     X X X X X X     X   X     XO  


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
MAURITANIA Unspecified 6 to 12 months for the Master Vessel, gear and catch: Automatically confiscated on decision of Minister for Fisheries without appeal possible.

 


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