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Seychelles

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

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
**Seychelles 12 mi (1977) - 200 mi (1977)


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
SEYCHELLES LEGISLATION
Fees for foreign fishing:
-for processing an application = R. 250
-if fees are not specified in licence or agreement, the following fees apply:
-Tuna longliners = R. 60/GRT/1 month
= R. 180/GRT/4 months or more
= R. 300/GRT/8 months or more
-Other vessels= R. 1 000/GRT/year
(Licences (Fisheries) Regulations, 1987. Schedule 1)
AGREEMENTS
Protocol of Agreement with EEC laying down fishing conditions for the period from 18 January 1993, to 17 January 1996
(in force although not yet signed) Licence fees:
-For tuna seiners = ECU 20/ton caught and ECU 5 000 (equivalent to fee for a tuna catch of 250 tons) as a lump sum to be paid in advance, each year, for each vessel.
-For tuna long and drift liners = ECU 20/ton caught and ECU 500 (equivalent to fee for a tuna catch of 25 tons) as a lump sum to be paid in advance, each year. for each vessel.
-EEC flat fee contribution = ECU 6 900 000 payable in three equal annual instalments and equivalent to a annual catch of 46 000 t. - Contribution for scientific program = ECU 2 700 000 payable in three equal annual instalments.
-Contribution for training, scholarship = ECU 300 000.
(Council Regulation (EEC) No.2718/93 of September 28. 1993) Fisheries Agreement with Mauritius, renewed In 1995 for a further 2 year period.
Licensing of 5 tuna purse seiners at US$ 70 000 p.a. Per vessel.
LEGISLATION
The Minister may enter into agreements with other states, intergovernmental organizations and with associations representing foreign fishing vessel operators, that allocates fishing rights to vessels of those states, organizations, and associations.
(Fisheries Act, 1986, sect. 6(1))
LEGISLATION
Local fishing vessel defined as wholly owned by citizens or by a statutory corporation established under the laws of Seychelles; wholly owned by any company of which at least 51% of the shares are held by citizens of the Seychelles.
(Control of Foreign Fishing Vessels Decree. 1979, Sect. 2)
The Minister may also determine which vessels are to be treated as local fishing vessels.
(Source: Seychelles Fishing Authority, May 1995)


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
SEYCHELLES
LEGISLATION
-Vessel shall be used only for such fishing and related activities during period and place as specified in licence. (Sect. 6(a))
-Vessel to comply with all provisions of Fishing Act, 1986. (Sect. 6(b))
-All supplies and services required for vessel operation shall be acquired locally when available. (Sect. 5(c))
-Required reports, records, and communications to maintained or made in Creole, English, or French languages (Sect. 6(j)); International Code of Signals to be used.
-Vessel owner to maintain local agents or representatives assuming legal and financial responsibility for proposed operations. (Sect. 6(c))
-Vessel to bear specified identification marks. (Sect. 6(h))
-Vessel may be required to accept observers on board, to provide necessary facilities (s. 6(i)) and to permit inspection (sect. 6(g)).
-Restrictions concerning species, areas to be fished, gear, fishing methods, etc. (Sects. 10-22)
(See Regulation 5(a), First Schedule for zones where fishing by foreign vessels is prohibited, and Second Schedule of Regulation 11(1) of Fisheries
Regulations, 1987)

-All catches taken from Seychelles waters shall be landed or transhipped in Port
Victoria except as otherwise authorized by SFA.
(Licences (Fisheries) Regulations. 1987, sect. 5(a))
-Conditions for tuna long-line fishing vessels:
- agent is to inform captain of vessel licence number, if licence deposited with agent;
- vessel number to be displayed visibly on starboard side of vessel.
(Licence conditions contained in foreign fishing vessel licence)
AGREEMENTS
Protocol of Agreement with between Senegal and EEC laying down fishing conditions for the period from 18 January 1993, to 17 January 1996 (in force although not yet signed)
-EEC Commission shall present to the Seychelles Fishing authority an application for each vessel that wishes to fish under the agreement at least 20 days before the date of commencement of fishing operations.
-Application form contains inter alia: name and address of applicant, name and address of charterer of vessel, name and address of other legal representative in Seychelles, name and address of master, name and type of vessel, length, GRT, horse power, port and country of registry, registration number, identification marks, radio call sign, number and nationality of crew, proposed fishing area and species.
-Licences granted for 3 years to 40 tuna seiners; other licences may be issued to tuna drift and longliners of less than 18 meters overall.
-Licence not transferable.
-Licence must be held on board at all times.
-One observer upon request of the Seychelles.
-At least two Seychelles nationals must be employed on board of each tuna vessel.
-Government and shipowners are to set forth conditions for use of port facilities.
-Tuna vessels landing catch in Victoria will try to make their by-catches available.
-In order to avoid harming of Seychelles artisanal fisheries, no tuna vessel operations will be authorized in certain zones defined by the agreement (annex III of Agreement) or within 3 miles around fish aggregating devices placed by
Seychelles.
(Council Regulation (EEC) No. 2718/93 of September 28, 1993; Council Regulation No. 1708/87 of June 15, 1987 on Agreement with EEZ for fishing off the coast of Seychelles).
LEGISLATION
-Master or agent to notify SFA of position upon entry into or departure from Seychelles waters every three days and when requested. (Sect. 6(f))
-Logbook to be maintained of nature, time and position of all fishing operations, and of catch quantity by species, including all fish caught but not landed or retained. (Sect. 6(d))
-Such reports shall be transmitted by master of vessel to SFA as requested and not later than 30 days after expiry of licence. (Sect. 6(e))
-Radio or telex reports of exact position twice weekly. (Sect. 5(d))
(Fisheries Regulations, 1987)
Controls over transit by unlicensed fishing vessels:
-Fishing gear to be stowed in prescribed mane=.
(Fisheries Act, 1986: Fisheries Regulations. 1987. sect. 9)
-Any fish found on board any foreign fishing vessel within the exclusive economic zone, shall be presumed to have been taken within the exclusive economic zone by such vessel, unless the contrary is proven.
(Fisheries Act. 1986, sects. 8 and 15(1))
-A radio call made by a foreign fishing vessel prior to entering the exclusive economic zone communicating its proposed route and quantity of fish on board, is sufficient for rebuttal of presumption. (Id., sect. 15(2)) Conditions for tuna long-line fishing vessels:
- master to radio Cable and Wireless (Maine) every 3 days, providing vessel's name, latitude and longitude position, total catch by species within EEZ, and total fish volume on board;
- completed catch and effort form to be filed with Chief Fisheries Officer at end of voyage.
(Licence conditions contained in foreign fishing vessel licence)
AGREEMENTS
Protocol of Agreement between Seychelles and EEC laying down fishing conditions for the period from 18 January 1993, to 17 January 1996.

-Fishing logs to be maintained for each fishing haul.
-During fishing operations, vessels to report position and catch details every three days, through Victoria radio station, and provide with catch statement at end of each trip .
(Council Regulation (EEC) No. 2718/93 of September 28, 1993)


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
SEYCHELLES X   X   X X X   X X X X X X X X X48   X24 X3 X3 XD X   X30 X


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
SEYCHELLES Rs 10 000 Up to 2 years for breach of licence conditions Vessel gear: Court may order.
Gear: Court shall order.

 


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