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Sierra Leone

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

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
**Sierra Leone 200 mi (1971) 200 mi (1990) -


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
SIERRA LEONE LEGISLATION
Fees may be prescribed by Secretary of State taking into account:
-value of species being sought;
-quantity of species sought;
-gear efficiency;
-alternative use of fishery resources;
-fisheries management and development costs;
-fisheries research administration costs and enforcement;
-recommendation of Licensing Committee, with view of suiTable E: -Penalties for unauthorized foreign fishing-conomic rent for the fishery resource. (Sect. 29)
(Fisheries (Management and Development) Decree No. 19 of 1994)
Licence fees and royalty charges for foreign fishing vessels
(1) shrimp, demersal, cephalopod trawlers: annual licence = US$ 200/GRT; royalty = 12% of first sale value;
(2) purse seiner, pelagic trawlers (tuna fishing excluded): annual licence = US$ 50/GRT (6 months = US$ 30/GRT); royalty = 15% of first sale value;
(3) tuna vessels (6 months): purse seiner = US$ 180/ cubic meter of fish hold capacity; longliner and pole-line vessels = US$ 60/m³ of fish hold; applicable royalty = 10% of first sale value.
(Fisheries Regulations of 1990, schedule 2, part 1)

AGREEMENTS
Agreement between EEC and Sierra Leone of 1990 renewable on tacit understanding, and Protocol valid through 1992
-Financial compensation = ECU 4 990 000 payable in two instalments. -Participation of ECU 360 000 for scientific and technical programs and ECU 300 000 for scholarships and practical training.
-Fishing licence fees: for trawlers and demersal longliners = ECU 106/GRT/year; for tuna seiners and surface longliners = ECU 20/t. caught; certain licences are issued upon payment of lump sum = ECU 1 000/seiner and ECU 200/year for pole-line vessels and surface longliners.
(Council Regulations No. 1237/90 of 25 April 1990)

LEGISLATION
-The Secretary of State may, on the behalf of the Government, enter into international access agreements with any foreign governement, association or other legally constitued entity, with regard to fisheries access and related activities.
-Fisheries allocations under access agreements shall not exceed a level consistent with the conservation and management of fishery resources, the protection of fishing by the nationals and with any fishery plan.
-Every access agreement shall include provisions implementing minimum terms and conditions in compliance with present Decree, such as: -responsibility of the foreign party to take all measures to ensure respect of terms of fisheries agreement and related national legislation regarding fisheries waters;
-issuing of licences and payment of fees;
-prohibition of the owner, charterer, operator, master, or any other designated body responsible for licensed vessel to tranship fish at sea, except at designated times and places. (Sect. 23)
-Chartering of foreign fishing vessels by Sierra Leone nationals, legal or physical entities, shall be approved by the Director of Fisheries and Marine resources. (Sect. 24)
(Fisheries (Management and Development) Decree No. 19 of 1994)
LEGISLATION
Non-local fishing vessel is one deemed to be directly or indirectly controlled by a non-citizen of Sierra Leone according to the following:
(1) in case of vessel wholly owned by any company, association, body or incorporate, established under laws of Sierra Leone having (i) less than 51% of members which are citizens of Sierra Leone, resident and resident in Sierra Leone, or; (ii) less of 51% of share capital which is held by Nationals, or head office is outside Sierra Leone, or the divided income is not remitted to Sierra Leone, or the managers, chairman of the board of directors or the supervisory board and the majority of the members of such boards are not citizens of Sierra Leone;
(2) less than 45% of the crew, masters and officers included are citizens of Sierra Leone, resident and domiciled in Sierra Leone.
-When vessel is not registered or not only registered in Sierra Leone. (Sect. 105)
(Fisheries (Management and Development)) Decree No. 19 of 1994)


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
SIERRA LEONE LEGISLATION
-No foreign fishing vessel shall enter fishery waters except for those purposes recognized by international law.
-No foreign fishing without valid licence consistent with present Decree, an applicable access agreement, or as otherwise authorized by present Decree.
-Owner, operator, each crew member and all fishery activities of foreign fishing vessel operating in fishery waters shall comply with national legislation.
-While in zone where fishing prohibited, vessel shall stow fishing gear, in such manner as it shall not be readily available for use.
-Foreign fishing vessel shall avoid harming of local traditional fishermen activities and fishing vessels. (Sect. 21)
-No licence issued to foreign fishing vessel, without an applicable access agreement or charter agreement. (Sect. 22)
-Charter agreement of foreign fishing vessels may be approved by Director according to the following guidelines: (a) number of fishing vessels, TAC and other conservation and management criteria; (b) intended revenue, foreign exchange included, of fisheries activity; (c) employment of nationals; (d) needs of fishery sector; (e) other considerations of sound fisheries management; (f) recommendations of Licensing Committee. (Sect. 24 (2))
-Charter agreement approved if: (a) consistent with national legislation; (b) foreign fishing vessel entitled to receive foreign fishing licence; (c) related documentation in order, (d) Director is satisfied that all financial obligations will be met promptly; (e) provides identifiable benefits for the country such as development of local fishing industry, foreign exchange earnings, landing and domestic distribution activities, development of export opportunities. (Sect. 24(3))
-In absence of relevant applicable access agreement, Director may authorize marine scientific research and test fishing operations; authorization are written and in prescribed form. (Sect. 25)
-Foreign vessel licence applicant may be required by the Director, prior to licensing, to appoint local agent entitled to respond for vessel activities, the shipowner, operators, master and crew members. (Sect. 26)
-Applicant shall, as required by the Director, post a performance bond which may be applied to payment of any fine, penalty or other. (Sect. 27)
-No semi-industrial or industrial fishing inside the Inshore Exclusive Zone; vessels of 50 GRT or more using bottom trawl prohibited from coastal waters of less than 15 meters in depth. (Sect. 30)
-Minimum mesh size of codend for industrial fishing: 60 m.m. for demersal trawl nets; 42 m.m. for shrimp and shellfish; 32 m.m. for seine nets. (Sect. 39)
-Vessels shall comply with provisions concerning closed seasons, protected species, prohibited fishing methods, return to sea of accidental by-catch, identification markings. (Sects. 4046)
-Licence issued for maximum one year and valid for species, fishing gear and method mentioned therein. (Sect. 56)
-Licensed vessels operators shall permit boarding of designated inspectors and observers, supply them with all facilities to perform their duty and meet related costs. (Sect. 68)
(Fisheries (Management and Development) Decree No. 19 of 1994)
AGREEMENTS
Agreement between EEC and Sierra Leone of 1990 renewable on tacit understanding, and Protocol valid through 1992
-Licence application to be introduced by the Commission, under prescribed form after payment of related fees.
-Licence issued for one vessel, non-transferable unless force majeure, and to be held on board at any time.
-Licence validity depends on vessel category: one year renewable for tuna seiners, pole-line vessels and surface longliners; one year or 6 months for trawlers and demersal longliners.
-Trawlers shipowners shall board 2 national seamen for vessels under 350
GRT and 3 for vessels over 350 GRT.
-Trawlers must land part of their catch for supplying of local market: 75kg/GRT/year at market price for local consumption, and 25kg/GRT/year for free to Fisheries Ministry.
-Trawlers and demersal longliners authorized to fish beyond the 5-mile zone.
-Minimum mesh size for trawl codend = 60 m.m. for fish and 40 m.m. for other species.
(Council Regulations No. 1237/90 of 25 April 1990)
LEGISLATION
Any information required to be recorded, notified communicated or reported shall true, complete and correct. (Sect. 97)
(Fisheries (Management and Development) Decree No. 19 of 1994)
AGREEMENTS
Agreement between EEC and Sierra Leone of 1990 renewable on tacit understanding, and Protocol valid through 1992

-Each licensed vessel shall maintain fishing log on a daily basis to be transmitted, every 3 months for trawlers and demersal longliners and after each fishing haul for tuna vessels and surface longliners, to Sierra Leone's Ministry of Fishery.
-Entry and departure in/from Sierra Leone fishing zone to be reported by radio.
(Council Regulations No. 1237/90 of 25 April 1990)


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
SIERRA LEONE X X X   X   X   X   X X X X   X X   X X X X        


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
SIERRA LEONE Up to US$ 300 000 on conviction for breach of regulations NO Vessel, gear and catch: Court may order.

 


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