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Morocco

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

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
*Morocco 12 mi (1973) - 200 mi (1981)


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
MOROCCO LEGISLATION
-Fees determined by gross tonnage of fishing vessel and species targetted calculated from a basic fee (a) as well as eventual supplementary fee (b) or (c):
-Basic fee (a) for all vessels = from DH75 for vessel < 2GRT, up to DH40 000 for vessel > 1 000GRT.
-Supplementary fee (b) for vessels above 100GRT and fishing cephalopods = from DH20 000 for 100GRT< vessel< 150GRT, up to DH35 000 for vessel> 250GRT.
-Supplementary fee (c) for vessel above 100GRT and fishing shrimps = from DH20 000 for 100GRT vessel< 150GRT, up to DH150 000 for vessels 150GRT. (Art. 5)
(Decree No. 2-92-1026, of 29 December 1992, laying down terms and conditions of granting and renewing of fishing licence in EEZ)
Chartering of foreign vessels fishing pelagic species.

AGREEMENTS
Agreement between Morocco and EEC, of 1992, on relations In the sea fisheries sector, for a four-year period from 1 May 1992
(1) Financial compensation = ECU 360 million payable in four equal annual instalments; financial contribution for launching and undertaking of specific measures and programs = ECU 30,4 million; financial contribution to scientific or technical programs = ECU 7 million; amount to the Ministry of Maritime Fisheries and Merchant Navy for determined operations = ECU 4 million; financial contribution for training = ECU7 million; costs for observers on board = ECU 8/GRT/year
(Protocol of the Agreement)
(2) Licence fees are set by Moroccan legislation
(3) Fishing fees payable quarterly, in ECU/GRT according to fishing category; fishing fees rates for the period 1995/1996:
- Shrimp trawler: in North Atlantic and Mediterranean (N.A. & M.) for vessel <50GRT = 49; 50-79GRT = 61; 80-99GRT = 73; >100GRT = 104;
- Black hake trawlers: in southern zone = 52;
-Demersal trawlers: in southern zone = 87;
-Pelagic trawlers: in southern zone = 64;
-Other trawlers: in N.A.& M.= 49;
- Seine nets: in N.A.& M.= 52; southern zone =
56;-Sponges: in Mediterranean = 46;
-Longliners: in Atlantic and Mediterranean = 52;
-Non commercial: southern zone = 35;
-Cephalopod vessels: in southern zone = 87;
- Tuna vessels: in Atlantic and Mediterranean = ECU 20/t. caught, with a fixed advance of ECU 2 000/year/vessel (Annex to the Protocol of the Agreement)
(Council Regulation (EEC) No. 3954/92 of 19 December 1992)
Agreement with USSR of 5 January 1991, valid for 4 years
Fee - 15% of catch value, payable in convertible currency.

LEGISLATION
-Fishing reserved for vessels flying Moroccan flag or operated by Moroccan natural or legal persons. (Art. 3)
-Privileged cooperation on biological resources with African locked-states to be promoted within bilateral, regional and sub-regional agreements. (Art.13)
(Law No. 1-81-179 of 8 April 1981, establishing a 200 nautical mimes EEZ)
Chartering of foreign fishing vessels by Morrocans to get prior authorization of Minister for Fisheries. (Art. 3)
(Law No. 1-73-255 of 23 November 1973, on Maritime Fisheries Regulation)
LEGISLATION
Local fishing vessel
defined as fishing vessel owned by Moroccan nationals or Moroccan company having its head office in Morocco, and with at least half of its capital held by Moroccan nationals, and of which a majority of members of the Board of directors and the chairman of the Board are nationals, or partnerships where all partners are nationals.
(Law setting down principle of reserved activities for Morocco's nationals No. 1-73-210 of 1973, art. 2)


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
MOROCCO LEGISLATION
-Fishing in Moroccan waters exclusively reserved for vessels flying Moroccan flag or operated by Moroccan physical or legal persons.
-Scientific and archaeological research and exploration subject to prior authorization by Moroccan administration.
(Law No. 1-81-179 of 8 April 1981, establishing a 200 nautical miles EEZ)
-Chartering of foreign vessels by Moroccan nationals allowed for determined species (sardines, sardinella, mackerel, horse mackerel, anchovies and cutlassfish) and zones. (Art. 1)
-Chartering authorization issued for maximum 4 years, by relevant Minister; fishing licence issued upon authorization to charter. (Art. 4)
-Authorized chartered vessel shall undergo technical visit for seaworthiness. (Art. 5)
-Each chartered vessel should:
- permanently have on board appointed scientific observers to follow up fishing operations and control compliance with regulation in force;
- determined percentage of the crew must be Moroccan;
- operate exclusively with the following gear: minimum size of widest net mesh not less than 40 m.m. for pelagic or semi-pelagic trawlers; trawlers dragging the bottom prohibited; maximum size of seiner not more than 1 000 m.x 140 m.
-By-catch of unauthorized pelagic species shall not exceed 5% of authorized species caught. (Art. 6)
-Transhipment of catch shall be undertaken in Moroccan port or harbour. (Art.8)
-Landings for supply of local market to receive prior authorization of relevant authority. (Art. 9)
(Order laying down issuing conditions of authorization for chartering of foreign vessels fishing pelagic species, in south zone No. 31-95 of 18 January 1995) AGREEMENTS
Agreement between EEC and Morocco of 1992 on relations in the sea fisheries sector, for a four-year period from 1 May 1992
-Each quarter, the Commission of EEC shall submit a list of vessels wishing to engage in fishing activities to competent Moroccan authorities, at least 20 days before the start of the period of licence validity.
-The list shall specify type of fishing activity, fishing zone, tonnage in GRT, and amount of annual licence fees.
-Nationality certificate of the vessel required to the shipowner, for the first licence application.
-Licence must be held on board.
-Licence not transferable except in case of force majeure.
-Shipowner shall board, a specific number of observers at the request of the
Minister, according to category of fishing licence held.
-Training of seamer/fishermen required: 1 on vessels of 80-100 GRT; 3 on vessels of 100-150 GRT; 5 on vessels over 150 GRT (Annex I of Agreement)
-Conservation measures include:
- minimum mesh sizes determined according to fishing category and/or fishing zone;
- fishing gear specified and listed by fishing category;
- biological recovery, usually 2 months, prescribed by fishing category and species targeted;
- fishing zones for each fishing category, in Mediterranean and Atlantic, listed with mention of zone boundary and distance from the coast;
- maximum number of vessels admitted to fish and authorized tonnage: shrimp trawlers and non-shrimp trawlers = 213 vessels for 17500 GRT; seine nets = 36 vessels for 2100 GRT; sponges = 300 GRT; longliners = 172 vessels for 10400 GRT; seiners = 11 vessels for 4500 GRT; non-commercial = 62 vessels for 3540 GRT; cephalods vessels = 151 vessels for 33200 GRT; black hake trawlers = 25 vessels for 5950 GRT; demersal trawlers = 15 vessels for 3500 GRT; pelagic trawlers = 3 vessels for 1300 GRT; tuna vessels = 28 vessels.
-Maximum percentage of by-catches determined for each fishing category. (Annex to the Protocol, Fishing Datasheets Nos. 1-11)
(Council Regulation (EEC) No. 3954/92 of 19 December 1992)
Note: This Agreement is suspended at the moment
(Source: GLOBEFISH Databank, July 1995).
Agreement between Morocco and the Russian Federation, signed 5 January 1991, valid for 4 years
-Soviet catch quota inside Morocco's EEZ = 850 000 m.t., of which 750 000 m.t. by direct Soviet fishing, and 100 000 by joint ventures for 1991.
-By fourth year of agreement, Soviet quota reduced to 600 000 m.t., of which 450 000 by direct Soviet fishing, and 150 000 by joint ventures.
(Source: NMFS, 21 March 1991)
Note: Morocco has renewed fisheries agreement with Japan for seasonal tuna fishing by Japan fleet.
(Source: INFOSOMAK, 1 September 1995
Holder of chartering authorization must:
-communicate to Ministry of Fisheries and Merchant Marine, number and engagements of Moroccan members in the crew;
-transmit monthly, after first month of the issuing of the fishing licence, the catch declaration to relevant authority. (Art. 7)
(Order laying down issuing conditions of authorization for chartering of foreign vessels fishing pelagic species, in south zone No. 31-95 of 18 January 1995)
AGREEMENTS
Agreement between Morocco and EEC, of 1992, on relations in the sea fisheries sector, for a four-year period from 1 May 1992
-Master of vessels of 80 GRT or more shall keep special fishing logbook;
-Moroccan authorities to be notified quantities caught in the previous quarter (by month, type of fishing, vessel and species) by the Commission, at the end of each quarter.
-Community vessels, except those of less than 80 GRT shall notify by radio of their entry into and exit from Moroccan fishing zone, and amount of catch held on board at time. (Protocol of Agreement)
(Council Regulation (EEC) No. 3954/92 of 19 December 1992)


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
MOROCCO   X X X               X   X X X X X     X X X      


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
MOROCCO Up to 50 GRT: DH150 000 to DH1 000 000; 51 to 100 GRT: DH1 100 000 to DH1 500 000; 101 to 200 GRT: DH1 600 000 to DH2 000 000; 201 to 500 GRT: DH2 250 000 to DH3 500 000; More than 500 GRT: DH4 000000 to DH8 000 000;
In addition administrative fine amounting to triple of licence fee payable.
1 month up to 1 year (double for second offence) or both fine and imprisonment, at Court's discretion. Gear and catch: Court may order on first offence.
Vessel, gear and catch: Court shall order on second offence.

 


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