Form No. (6) [Partial transl.] |
G.S.P.L.A.J |
SMW |
Municipality / |
Registration & Licensing Office |
Vessel Licensing /Fishing Boat Book |
Craft Name |
Number |
License no. |
Date of issued Municipality |
[-page-]
Main Data |
Name |
Number |
Length |
Beam |
Draught |
Gross tonnage |
Net tonnage |
Hull material |
Place of manufacture |
Date of manufacture |
Date of registration |
Registration page no. |
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Engine data |
Type of engine........................................................................................................................................................... |
Engine No.................................................................................................................................................................. |
Place of manufacture................................................................................................................................................ |
Engine HP................................................................................................................................................................. |
No. of cylinders......................................................................................................................................................... |
Fuel type................................................................................................................................................................... |
Date of installation.................................................................................................................................................... |
Changes................................................................................................................................................................... |
Auxiliary engine data (if present) |
Type of engine.......................................................................................................................................................... |
Engine No................................................................................................................................................................. |
Place of manufacture............................................................................................................................................... |
Engine HP................................................................................................................................................................. |
No. of cylinders......................................................................................................................................................... |
Fuel type................................................................................................................................................................... |
Date of installation.................................................................................................................................................... |
Changes................................................................................................................................................................... |
Type of work |
Fishing .................................................................................................................................................................... |
Tuna fishing............................................................................................................................................................. |
Sponge fishing......................................................................................................................................................... |
Fishing procedure.................................................................................................................................................... |
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Duties Owed |
I have payed the legal duties owed in the amount...................................................................................................................... |
for the year........................... Date.............................. Payment Order No................................................................................. |
Receipt No............................ Validity up to end.......................................................................................................................... |
Renewal & payment of duties owed in the amount.................................................................................................................... |
for the year............................ Date............................. Payment Order No................................................................................. |
Receipt No ................................................................................................................................................................................. |
Renewal & payment of duties owed in the amount.................................................................................................................... |
for the year............................ Date............................ Payment Order No.................................................................................. |
Receipt No.................................................................................................................................................................................. |
Owners documents |
Owners name................................... Fishing card no. & date of issue...................................................................................... |
Address..................................................................... Occupation.............................................................................................. |
Selling Contract No................................................. Date........................................................................................................... |
Authorised by.............................................................................................................................................................................. |
Under registered in the office record under No.................... Date............................................................................................. |
Certificate issued by................................................................................................................................................................... |
Customs ratification no. (......................... ) Importation authority.............................................................................................. |
Date...................................................... |
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Transfer of Ownership |
Ownership of this boat / vessel transferred to Mr.............................................. Fishing Card No............................................. |
issued (date).............................. , residing at............................ , occupation............................................................................ |
date............... according to assignment contract legalized by.................................................................................................. |
of date..................... , Authorised at Tax Office under No.................. by Receipt No................................................................ |
of date....................................... |
Signed (official)....................................................................... |
Date....................................... |
Technical check and annexes |
1- The technical check for this boat / vessel has been done, and it is certified to operate until / / |
.......................................................................................................................................................................................................... |
Date / / Checked by............................................................... |
Authority stamp |
2 The technical check for this boat / vessel has been done, and it is certified to operate until / / |
.......................................................................................................................................................................................................... |
Date / / Checked by............................................................... |
Authority stamp |
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3- The technical check for this boat / vessel has been done, and it is certified to operate until / / |
..................................................................................................................................................................................................... |
Date / / Checked by....................................................................... |
Authority stamp [etc.] |
Annexes |
No. life saving appliances........................................................................................................................................................... |
No. fire extinguishes................................................................................................................................................................... |
First Aid Box............................................................................................................................................................................... |
Calling Signals............................................................................................................................................................................ |
Type of radio set......................................................................................................................................................................... |
Number....................................................................................................................................................................................... |
Certificate No...................................... Date................................................................................................................................ |
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1- This boat / vessel authorised to practise fishing operations along the Libyan seaboard by using the methods and tools mentioned in this license. |
2- The Captain of this unit should observe all laws in the country and yield to requests for inspection at any time by legally authorised officers or public security or customs authorities. |
3- The Captain should refrain from using all items prohibited for fishing by law, i.e. explosives, poisons, and other substances or instruments harmful to living marine resources. |
4- The Captain is responsible for custody of all papers and documents mentioned in the law and rules. |
5- The Captain is responsible for reporting any changes made to the vessel or its equipment, and for crew changes or any defect, and also for any work-related accident or death. |
6- The Captain is responsible for submitting a report about the results of each fishing trip. |
Head of Fishing and Supplies Section [-page-] |
Form No. (7) [Partial transl.] |
G.S.P.L.A.J SMW |
SMW Municipality / |
‘Application for fishing boat / vessel licensing’ |
Applicants full name / |
Personal ID Card No. / Address / |
Marine Fishing License No / |
Boat or vessel name / Registration no. |
Registration harbour / Length / Beam / |
Power / Fuel type / |
Type of license requested / |
Applicant: Fuel type / |
Date: |
For Office Use: |
Applicant Serial No./ |
Application date / |
Name of Official / |
Form No. (8) [Partial transl.] | |||
G.S.P.L.A.J | |||
SMW | |||
Municipality............................ | |||
Registration & Licensing Office | |||
License for Occupation in Marine Resource Utilisation | |||
No....................................... | |||
Signature of Card Holder. | |||
Registration date:- | |||
Registration & Licensing Office |
[-page-]
Fisher name: Surname: |
Mother's name: |
Personal ID Card no.: Place & date of birth |
Nationality: Permanent address |
Registered in harbour: Under No. |
Date of first registration in case of duplicate card: |
‘Renewals’ |
I have payed all legal fees due in the amount: |
For the year: By Receipt No |
Date / / |
Valid until: |
Signature of authorised officer: Date / / |
[etc.] |
‘Renewals’ |
I have payed all legal fees due in the amount: |
For the year: By Receipt No |
Date / / |
Valid until: |
Signature of authorised officer Date / / |
[etc.] |
Record of Degrees Earned |
[etc.] |
[--page--]
Comments | |
1- | Validity of this license is for three years, renewable. |
2- | This is a personal license and is nontransferrable. |
3- | The owner of this license should keep it with him whenever engaged in marine fishing. The owner has the responsibility to produce this license whenever requested by a legally authorised officer. |
Comments | |
[etc.] |
[-page-]
Form No. (9) [Partial transl.] | |
G.S.P.L.A.J | |
SMW | |
Application for Foreign Vessel License to Fish in Libyan Waters | |
Date: / / | |
Applicants name / Co. / Supplier / | |
Country of origin / Co. / Supplier / Nationality | |
Present residence / Name participating Libyan party / | |
Date of joint venture contract signature/ % Share each party/ | |
No. of units requiring licensing / | |
Fishing method / | |
Requested period license validity / | |
Comments:- | |
1- | Attach form prepared by SMW with data on each fishing vessel or boat. |
2- | Attach copy of boat/ vessel registration certificate from authorities at harbour of registration in country of origin. |
3- | Attach copy f valid fishing licensing for boat/vessel from authorities in harbour of registration. |
4- | Attach copy of boat/vessel validity certificate with full requirements in it. |
5- | Applicant under obligation to pay all fees and expenses related to licensing for fishing in Libya. |
6- | Applicant under obligation to pay cash deposit as guarantee for payment of facility use fees. |
7- | Applicant under obligation not to transfer any part of catch to another vessel at sea unless with written permission from the authorities. |
8- | Attach copy of joint venture contract with Libyan marine fishing company. |
9- | Applicant under obligation to file report on results for all fishing trips out of Libyan harbours. |
10- | Applicant under obligation to train Libyan national team on craft used in Libyan waters. |
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Life saving and safety equipment:- | |
1- | Life bouys and jackets / |
2- | Fire extinguishers/ |
3- | Emergency water pump / |
4- | Boat oars/ |
5- | Rope and anchor / |
6- | Emergency flares/beacons/ |
7- | Navigation and communications set / |
Comments:- | |
1- | |
2- | |
3- | |
Authorised Head of Registration& Licensing Office |
Form No. (10) [Partial transl.] |
G.S.P.L.A.J |
SMW |
Foreign Unit License to Fish in Libyan Waters |
Name of fishing unit |
Number Nationality |
Licensing No. |
Issue date |
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According to SMW rules no. ( ) for the year ( ) issued in...................... and contract signed |
between parties of....................................... and.............................................. |
on date...................................... |
License for fishing unit named.............................................................. |
No................................................................................... Nationality............................................................. |
Under ownership of:......................................................... Original harbour registration................................... |
Registration No................................................................ Registration date.................................................... |
Registration harbour in Libya.......................................... |
Registration No................................................. Registration date.................................................................. |
Fishing in Libyan territorial waters |
From ..................................................................... to................................................................................... |
Fishing ................................................................. by.................................................................................... |
Fishing methods: |
1- ........................................................................................................................................................ |
2- ........................................................................................................................................................ |
3- ........................................................................................................................................................ |
4- ........................................................................................................................................................ |
Landing Harbour..................................................... Authority........................................................................ |
For the period................................................................................................................................................ |
Starting from................................................................... to........................................................................... |
Date / / |
Undersecretary |
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Data on Fishing Unit Crew
No | Name | Occupation | Nationality | Passport No. | Validity | Place of issue | Comments |
1 | |||||||
2 | |||||||
3 | |||||||
4 | |||||||
5 | |||||||
6 |
Data on National Workers Aboard Fishing Unit
No. | Name | Personal ID Card No. | Place of issue | Address | Comments |
1 | |||||
2 | |||||
3 |
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(Renewals) | |
This license has been renewed according to the decision of the SMW No. ( ) for the year ( ) | |
issued in..................................................... | |
For the period starting from............................... to...................... | |
Date / / | Undersecretary |
(Renewals) | |
This license has been renewed according to the decision of the SMW No. ( ) for the year ( ) | |
issued in..................................................... | |
For the period starting from............................... to...................... | |
Date / / | Undersecretary |
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Main Data For Fishing Unit |
Length.............................. m Beam.............................. m Draught............................ m Colour................................... |
Gross tonnage................... t Net tonnage.......................... t |
Material of Manufacture................................................ Country of manufacture................................. |
Date of manufacture.................................................... Engine type..................................................... |
Engine No..................................................................... Engine HP........................... |
Type of communication device.................................... Range........................ No.............................. |
Other navigational set.................................................. |
Captain's Name............................................................ |
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Captain's Name | |
Name in Latin Script | |
Nationality Passport No. | |
Validity | |
Libyan Fishing Card No. Date issued | |
Place of issue Validity of issue |
(changes)
Captain's Name | |
Name in Latin Script | |
Nationality Passport No. | |
Validity | |
Libyan Fishing Card No. Date issued | |
Place of issue Validity of issue |
Comments ( ) |
[etc.] |
Comments ( ) |
[etc.] |
[-page-]
General Instructions | |
The Captain and crew of the fishing unit should apply the following instructions. | |
1st | Conform to the rules that attach to Law 14 of 1989 for the utilisation of marine wealth and the decisions that pertain thereto, and to conform to all other laws of the Jamahirya, and to all other official instructions as issued. |
2nd | Conform to rules of SMW Decision No. ( ) for the year ( ) issued in date................... under which licenses are granted. |
3rd | Cooperate with requests for inspection whenever requested by legal officers in accordance with their duties. |
4th | Carry necessary permits to engage in fishing and health certificates issued by authorities in the Jamahiriya. |
5th | Report to specialised national authorities any change to the fishing unit or accidents that happen to the unit or its crew. |
6th | It is prohibited to fish with any material or substance that is harmful to living marine resources. |
7th | Observe all closures of fishing during breeding periods. |
8th | It is necessary to report to the specialised authorities any sightings of pollution by Captain or crew. |
9th | The Captain should keep this permission in a secure place on the fishing unit for its period of validity. The Captain is not allowed to embark on any fishing trip without carrying this permission. |
10th | The Captain should return this permission to the specialised authorities upon its expiration. |
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Form No. (11) [Partial transl.] | ||
G.S.P.L.A.J | ||
SMW | ||
‘Receipt for Deposit of Original Documents of Foreign Fishing Unit’ | ||
Received from / Nationality / | ||
Passport No. / Issue date / | ||
Validity date / | ||
Address / | ||
Authorised for fishing in Libyan waters according to SMW Decision No. ( ) for the year ( ) | ||
Issued in: / / | ||
The legal documents for the following vessels: | ||
No. | Vessel Name | Documents submitted |
1 | ||
2 | ||
3 | ||
4 | ||
5 | ||
Receiving officer/ Vessel Owner/Representative/ | ||
Signature/ Signature/ |
[-page-]
(Name of vessel owner/representative) Nationality / |
Passport No./ Issue date |
Validity date / |
Certify that I have received all above mentioned papers and documents in the receipt dated / |
Signature/ |
After reviewing Law No. 13 for the year 1990 concerning Popular Congresses,
and Law 14 for the year 1989 concerning marine wealth;
and the decision of the General Popular Committee No. 473 for the year 1991 concerning reorganisation of SMW,
and the decision of the General Popular Committee No. 106 for the year 1989 concerning support and encouragement of the marine fisheries,
and the decision of SMW No. 71 for the year 1990 for the issue of Law 14 for the year 1989 concerning utilisation of marine resources,
and the SMW Secretary's decision No. 7 for 1991 concerning reformation of the drafting committee of Law 14 for the year 1989,
and according to discussions during the second SMW meeting for the year 1991 which was held in Sirte 8 June 1991, It is decided:
FIRST CHAPTER
Fishing Gear and Methods
Equipment, tools, and nets that can be used to harvest marine resources including fishing boats and vessels.
First section: Boats and fishing vessels and their technical characteristics.
Second section: Gear and equipment permitted for fishing.
Third section: Types and specification of fishing nets.
First Section
Boats and fishing
vessels and their technical characteristics.
Item 1 Fishing craft: These are craft licensed to harvest marine resources.
Item 2 The name and registration number of fishing craft should be written in black on white background.
Item 3 Fishing craft are classified into:
1st) Coastal fishing boats, including:
2nd) Fishing vessels: All fishing vessels using various methods, equipped with fish preservation facilities and suitable for long off shore fishing trips
Item 4 Fishing boats and vessels should conform to the following:
Item 5 In addition to the articles of Item 4, fishing craft should be supplied with the following tools and equipment;
1st) Small fishing boats.
2nd) Medium fishing boats.
3rd) Large fishing boats.
4th) Fishing vessels
Second Section
Gear and equipment permitted for fishing
Item: 6 Only legal gear and equipment can be used for the various fishing methods.
Item: 7 It is absolutely prohibited to fish with/by:
Item 8 In light fishing (lampara), it is not allowed to use generators producing >35 volts.
Item 9 Light intensity should not exceed 2500 watt for lampara fishing.
Item 10 Lampara fishing is prohibited in areas <30 meters deep.
Item 11 A reasonable distance should be kept between different gear settings in the sea in order to allow efficient fishing.
Item 12 Longlines should be provided with yellow floats or marks with a distance of no less than 200 m apart, and these marks should be visible from a distance no less than one half nm.
Item 13 It is prohibited to dump nets and fishing gear in the sea, and the authorities should be informed about gear losses and their locations.
Item 14 Personnel appointed by SMW shall inspect fishing gear used by boats and vessels and check their specifications.
Item 15 All illegal tools, gear, equipment and nets will be confiscated by SMW and the Secretary will decide on the disposition of seized gear for use in research and scientific purposes.
Third Section:
Types and
specifications of fishing nets.
Item 16 Fishing nets should have the specifications described in this section.
Item 17 Mesh measurements shall done with wet and stretched nets.
Item 18 Fishing nets are classified into the following:
Net details are given in the table at the end of this chapter.
Item 19 Gill nets vary with different target species. There are two types of nets:
Item 20 Gill net meshes should be >25 mm, except barracuda and needle fish nets.
Item 21 It is not allowed to set nets less than one nautical mile from the coastline.
Item 22 Set nets should provided with yellow floats fixed at intervals of no less than 200m. The floats should be Visible from a distance of at least. 5 nautical mile.
Item 23 Purse seine (surrrounding nets) should be no less than 10 mm at the bag, and have a length range of 250 – 500m.
Item 24 Use of purse seine is prohibited in areas less than 3 nautical miles from the coast.
Item 25 Trawl nets are nets used to catch demersal fish, crustaceans, and cephalopods, towed by one or more vessels. These nets can be used on the bottom or in mid-water.
Item 26 It is prohibited to use trawl nets of less than 30 mm mesh size at the codend, or to keep such nets onboard.
Item 27 Trawling speed should not exceed 5 knots/hour.
Item 28 Trawl fishing is not allowed in waters within 3 nm from the coast or in depths less than 50 m.
Item 29 Fixed nets (tonnara) are nets which are set in the passage route of migratory fish (tuna), at certain sites and depths and divided into different compartments.
Item 30 Tonnaras nets of less than 30 mm for each side of the mesh panel are not allowed [i.e. of <60 mm stretched mesh size].
Nets and their Specifications
AREA OF USE | CHARACTERISTICS | TYPE NET | ||
For fishing up to 50 m deep | Fixed nets, 75–80m long with 48–50mm mesh | 1st: GILL NETS | ||
I. Single layer | ||||
1) Byayet | ||||
Fixed nets, 75–80m long with 40mm mesh | 2) Mashareh | |||
Drift net with 40–50mm mesh | 3) Saeb | |||
4) Al-Abdan | ||||
26–28 mm mesh | a)Saddled bream net | |||
23–24 mm mesh | b)Barracuda net | |||
15 mm mesh | c)Needle fish net | |||
For fishing up to 50 m deep | Three layered net with the outer layer of 100–150 mm and middle layer of 26–27 mm | II. Three-layered net | ||
Trammel net | ||||
For no less than 3 miles off the coast | 250–500 m long and 25–50 m deep with 10–15mm mesh at the middle and 40 mm in the wings | 2nd: SURROUNDING NETS | ||
Lampara | ||||
Used in tuna migration route | Seasonal fixed traps with several chambers of 150–500mm mesh and 40–50 mm in death chamber | 3rd: FIXED NETS | ||
Tonnara | ||||
For water of >50 m deep and >3 miles off the coast | A conical net, 30–40 m long with 50 mm mesh in the wings and decreases gradually to 30 mm at the cod end | 4th: TRAWLING NETS |
SECOND CHAPTER
Legal Size of Fish and Marine Organisms
Item 31 It is prohibited to fish during breeding seasons of fish and marine organisms, as will be determined by the SMW.
Item 32 An exception can be made by SMW to catch the larvae of fish and marine organisms for research and aquaculture purposes.
Item 33 In order to protect fish and crustacea larvae and breeding stocks, it is not allowed to fish in deltas and natural or artificial passages to the sea within a radius of 200 m, nor in gulfs and lagoons connected to the sea. Clear signs should be placed to mark such areas.
Item 34 Fish, crustaceans, and molluscs with lengths and weights smaller than is shown in the table at the end of this chapter should be returned to sea alive or dead. Gravid shrimp should also be returned to the sea.
Item 35 Measurement of total length of fish is from the tip of the head to the tip of the longest lobe of the tail. For shrimp, it is from the eye to the furthest point of the back of the specimen.
Item 36 Each fishing craft should submit information about the fishing ground, the catch, and fishing methods by filling in the the forms provided by SMW for this purpose, as attached to this chapter.
Item 37 MBRC will provide advice and consultation concerning fishing gear used and should submit suggestions to SMW concerning the improvement or banning such fishing gear to enable SMW to issue regulations for protection and better utilisation of marine wealth.
Item 38 SMW will make decisions to permit or ban fishing of certain species in certain areas or seasons in order to protect marine resources.
Item 39 SMW will make decisions concerning permitted use, banned use, or temporary use of any methods, tools, or equipment to fish or harvest marine resources including gear, nets, and fishing boats and vessels.
Form 1.
Trawling
Craft name:................................................ | Captain's name:........................................................... |
Owner: ...................................................... | Registration harbour:................................................. |
Departure harbour: ............................. | Registration No .......................................................... |
Return harbour: .......................................................... | |
Date: ...................................... |
Type of fish | Quantities (kgs)/Grade | Fishing Ground | Depth | Fishing time | ||||
1st | 2nd | 3rd | 4th | Lat. | Long. | |||
Form 2.
Coastal Fishing
Craft nam::................................................ | Captain's name:..................................................... |
Owner;....................................................... | Registration harbour:............................................ |
License No:............................................... | Departure harbour:............................................... |
Fishing Site:.............................................. | Bait used:.............................................................. |
Fishing ethod:.......................................... | Date:................................................. |
Depth:....................................................... | Time:................................................. |
Type of fish | Quantities (kgs)/Grade | Fishing Ground | Depth | Fishing time | ||||
1st | 2nd | 3rd | 4th | Lat. | Long. | |||
Commercial fish and marine organisms and their fishable sizes and breeding seasons.
Species | Minimun allowed size | Spawning season |
Dusky grouper | 30cm | June – July |
White grouper | 35 | June – July |
Dentex | 30 | May – August |
Red mullet | 15 | June – July |
Pandora | 15 | June – July |
Horse mackerel | 15 | July |
Sea bass | 25 | February – March |
Gilthead bream | 20 | October – January |
Grey mullet | 25 | July – October |
Golden mullet | 20 | June – August |
Amberjack | 20 | June – August |
Hake | 20 | March – April |
Striped bream | 15 | May – June |
Saddled bream | 15 | April – June |
White bream | 15 | October – January |
Dogfish | 60 | May – July |
Shrimp | 10 | April – July |
Squid | 15 | February – March |
Cuttlefish | 10 | March – April |
Octopus (except ‘El miski’) | 500 grammes | May – October |
THIRD CHAPTER
Marine Products Handling
DEFINITIONS:
1) Fresh fish (chilled). These are fish kept fresh through chilling by crushed ice from the moment they are caught, to keep them at temperatures ranging between 0° and 5° C. They can be kept fresh in this way from 5 to 7 days. Characteristics of fresh chilled fish are:
2) Frozen fish. These are fish which are frozen whilst they are fresh and in good condition, by fast-freezing methods. The freezing temperatures are related to the size and type of fish. The freezing temperature should at least-35°C and keeping temperature at least-20°C.
1st: Marine Product Handling Onboard.
Item 40 Fishers should take all precautions in order to guarantee the proper care of products from the time of catch to the time of marketing.
Item 41 In order to get a fishing trip permit, boats are required to carry a supply of crushed ice or to be carry chilling equipment.
Item 42 Fishing craft should be provided with handling and sorting equipment and these items should be cleaned, along with the boat itself, at the end of each fishing trip.
Item 43 All fishers should carry out the following:
Item 44 Fishers are not allowed to collect and sell dead or sick fish encountered during their fishing trips, and they should inform authorities about such cases.
2nd: Marine Product Handling At Fishing Harbours.
Item 45 Fish should be transported and distributed from fishing harbours to markets in refrigerated vehicles made especially for this purpose, using special boxes and crushed ice. After being placed in boxes and covered with ice, the fish should be covered with wet burlap material.
Item 46 When fish is being sold, the following measures should be carried out.
3rd: Procedures to be followed during fish canning.
Item 47 Tuna, sardine, and mackerel should conform to the following requirements to be suitable for canning:
Item 48 The percentage of heavy elements in processed fish should not exceed the Libyan standards, especially for mercury, cadmium, lead, and zinc.
Item 49 Histamine in final product of canned tuna and sardine should not exceed 10%/mg.
Item 50 Tuna, sardine, and mackerel can be used with the following canning media:
Item 51 Specifications for tins used for sardine, mackerel, and tuna canning.
Item 52 Can labels should follow the Libyan specifications (No. 53) for can labelling, and should include information on can manufacture and expiry date and lot number.
Item 53 Preparation and processing of canned products should be according to the Libyan and Arabian specifications for general procedures on food hygiene.
Item 54 The final canned product should be free of harmful microbes and toxins produced by them or by any other sources.
FOURTH CHAPTER
Aquaculture
Item 55 Aquaculture is a technique for breeding and rearing of aquatic organisms under controlled conditions, areas, and time periods, for purposes of production and scientific research.
Item 56 Aquafarming activities can be conducted by the following methods:
Item 57 It is required to have a permission issued by the SMW authorities to establish an aquaculture activity, and to submit all information concerning site, type of unit and animal to be raised.
Item 58 A technical committee from MBRC and the General Aquaculture Development Authority should be set up to study all applications submitted by companies, partnerships, and individuals for establishing fish farms, and to monitor this activity and provide advice.
Item 59 It is prohibited to transport fries in vehicles other than ones specially designed for this purpose.
Item 60 All imported fingerlings should be carefully inspected and proved to be free of any kind of disease, parasite, or virus. Any infected animals will be kept in quarantine.
Item 61 All aquaculture farms should be regularly inspected for parasites or viruses that can cause the spread of diseases inside the farm or to nearby farms.
Item 62 All fries that are proved to be infected by disease should be isolated in special tanks and kept in quarantine until two months after disease disappearance.
Item 63 It is allowed for all MBRC researchers and GADA engineers to visit and conduct experiments on all aquaculture farms belonging to the state or private sector.
FIFTH CHAPTER
Sponge Utilisation
First Section
Regulations for sponge harvesting
Item 64 It is allowed to harvest the various sponges available in Libyan waters according to rules and regulations appearing in this section.
Item 65 It is prohibited to trawl for sponges for any purpose or at any time.
Item 66 Sponge quality is determined by the following characteristics:
Item 67 In order for a sponge to be first grade, it should fulfill the following conditions:
Item 68 It is allowed to harvest sponges during the period from from the first of June to the end of October. It is prohibited to harvest sponges during the breeding season, from the end of November to the end of April. The Captain of the vessel will be held fully responsible for any violations of this regulation.
Item 69 The minimum harvestable size of sponges is as shown below.
Type of sponge | Harvestable size | |
1- | Turkish cup | 15cm diametre |
2- | Honeycomb | 15cm diametre |
3- | Greek bath sponge | 15cm diametre |
4- | Elephant ear sponge | 15cm diametre |
5- | Zimoka sponge | 15cm diametre |
It is totally forbidden to harvest sponges less than the above mentioned sizes.
Item 70 Sponge harvesting units should operate only in permitted areas. The Captain is held fully responsible for this.
Item 71 Before leaving harbour, the Captain of any sponge harvesting unit shall inform authorities concerning crew details and the intended harvesting area.
Item 72 On arrival from a harvesting trip the Captain should submit information regarding the types and quantities of sponges harvested and any other pertinent information about the harvesting area to the SMW office at the harbour.
Second Section
Specifications for sponge harvesting units and crew
Item 73 Specifications for unit.
Item 74 Coriditions and regulations for conducting harvesting work.
SIXTH CHAPTER
Marine Reserves
Item 75 The marine reserve is a marine locality with a fixed area and dimensions, having several ecological or physical characteristics, enjoying protection by the laws issued in its concern and serving scientific or economic purposes.
Item 76 The following measures should be implemented to protect the marine reserve:
Item 77 MBRC will have the scientific supervision of She marine reserves that are established by SMW, will take all the measures indicated to preserve the marine ecosystem of these areas, and will specifically do the following:
Item 78 These rules are valid from 1/1/1992 and should be published in the official journal.
Issued 9/6/1991
SMW
* Unofficial, indicative English translation by Project team from the original Arabic text.
Section 1
General Rules
Items 1 – 5
Co-op identification • naming conditions • announcement • processing of applications, determination of geographical area of operation, conditions required for membership (Libyan nationality, owner of a registered fishing craft, resident of area, only one co-op membership per person).
Section 2
Co-operative Establishment
Items 6 – 7
Charter members defined • charter document contents • share provisions • bank accounts
Section 3
Co-operative Organisation
Items 8 – 9
Management procedures and structure • membership • capital • finance • administration committees • meetings • etc.
Section 4
Co-operative Field of Activities
Items 10 – 11
All activities concerned with marine sector services and economic and social support required by members • help in craft acquisition • assistance in obtaining credit • supply of fishing gear in easiest and cheapest ways • assistance with product marketing • implementation of general policy for marine sector • supply of production and marketing statistics • ownership or renting of land, shops, storage areas, workshops required for member activity • implementation and management of aquaculture projects.
Section 5
Co-operative
Administration
Subsection 1
General assembly
Items 12 – 23
Identification of general assembly • annual meeting announcements and procedures • reports on proceedings.
Subsection 2
Administration committee
Items
24 – 33
Composition of committee • selection procedures • conditions for membership • committee terms of reference • conduct of committee members • etc.
Section 6
Finances
Items 34 – 45
Capital composition includes shares paid by members • other sources of funds include returns from co-op projects, support from Government and other institutions, credit from national institutions and banks, 2% fee on credit to members arranged through co-op, 2% of member production value • status of co-op property under law • annual budgets • banking, accounting procedures • etc.
Section 7
Co-operative Exemptions
and Advantages Items 46 – 47
Co-ops exempted from taxes and duties related to: registration and licensing • real estate • revenue (stamp) tax • income tax • municipal fees • importation of equipment and gear.
Co-op advantages include: 5000 LD grant from SMW upon announcement of establishment • priority in all dealings with Government institutions and banks in acquiring loans, buildings, land necessary to carry out co-op activities.
Section 8
Co-operative Supervision
Items 48 – 50
SMW right to inspect all co-op financial and administrative activities • SMW right to intercede to stop wrongful practices.
Section
9
Co-operative Closure
Items 51 – 54
Closure procedures by decision of general assembly, by expiry of charter, by merger with another co-op • procedures subject to SMW approval • circumstances under which SMW can issue closure directive
Section 10
Penalties
Items 55 – 56
Specifies jail sentences and fines for financial, administrative misconduct as defined this Law.
Section 11
Previous Legislation
Items 57 – 60
Establishes primacy this Law over laws previously in force • co-ops established under previous legislation should be reestablished in accordance current law. • Law 67 of 1976 annulled.
*Unofficial and partial summary English translation by Project team from the original Arabic text.
Section 1
Co-operative Establishment and Required
Document Anouncement
Item 1
Minimum 20 members required • all should be fully engaged in fishing and all should own a licensed boat.
Item 2
Co-op announcement application procedures • copies of charter and internal organization documents signed by members • bank deposit receipts for members' shares • list of all members and number of shares held • proof all members participate in fishers nakhaba (associations) • signed declaration that no membership other fishing co-op • copy of boat ownership certificate.
Item 3 – 4
Concerned with reviewing and processing the above mentioned documents in different SMW departments • acceptance or refusal of application.
Item 5
Co-op charter document contents • date, place of issue • name of co-op, purpose and area of work • capital and share value • name of each member, place of residence and occupation.
Item 6 – 8
Concerns re-announcement of co-ops established before Law 23/91.
Section 2
Membership Conditions and Reasons for Withdrawal
Item 9
Conditions for membership in fishing co-op • carry Libyan nationality • written acceptance of the co-op organization and share payment arrangements • active in fishing as ‘main job’ • resident in same area of co-op operations • acceptance by general assembly of co-op • no membership other fishing co-op • membership in local fishing nakhaba.
Item 10 – 14
Circumstances for withdrawal of membership • voluntary • failure to abide by conditions • arrangements for reimbursement if eligible • etc.
Section 3
Co-operative
Administration Committee
Item 15 – 25
General assembly meetings • duties and obligations • selection of committee • internal organisation • adminstrative procedures • etc.
Section 4
Co-operative
Financial Organization
Item 26 – 29
Establishes share value at 10 LD per share • limit on share ownership any one member not more than 20% total shares at time of announcement • accounting procedures, bookkeeping • insurance against theft, dishonesty, fire, other.
Section 5
Co-operative Closure
Specifies conditions under which co-operatives can be closed through expiry of charter, merger with another co-operative, or through SMW order.
* Unofficial and partial summary English translation by Project team from the original Arabic text.
Item 1
Parties in field of marine fisheries and aquaculture to benefit from this decision • marine fisheries co-operatives • tasharukiat (business partnerships) • parties working in aquaculture as residents in Libya and members of co-operatives • State fishery companies with headquarters in Libya.
Item 2
SMW body responsible for issuing subsidies through means specified in following items, using money allocated in its budget for this reason.
Item 3
SMW participation in purchase of fishing vessels and boats, new engines, and gear, equipment for fishing and aquaculture according to % mentioned in Tables 1 and 2 (see annex).
Item 4
SMW may decide to offer loans fisheries co-operatives, national companies, tasharukiat • may also offer monetary assistance in case emergency.
Item 5
SMW regional offices and co-op adminatrative personnel will confer on purchase value and then decide on amount of assistance either as loan or subsidy.
Item 6
Loan repayment schedule according to periods specified in Tables 1 and 2 (see annex).
Item 7
SMW will transfer the funds for credit allocated in its budget to special account in the Development Bank which will serve as an agency on its behalf to carry out all required procedures.
Item 8
Loan collateral is the fishing craft being purchased.
Item 9
Purchase assistance arrangements do not apply for craft more than 3 years; priority given for newest craft.
Items 10 – 12
SMW ‘subsidy committee’ to examine and process all papers, vessel specifications, etc.
Item 13
Craft purchased with assistance not to be rented, sold, transferred to others before 5 years from date of purchase, and with permisssion regional SMW offices.
Item 14
SMW can decide after proposal regional office to give incentives to co-op members who surpass average co-operative productivity levels by 15%. SMW may also provide compensation to co-op members who have suffered losses due to natural causes.
Item 15 – 18
Social security fund to be established at all regional SMW offices • procedures for administration • uses to help in cases of temparary illness amongst fishers, craft wreck or loss, working accidents • source of funds through membership fees, l%fee on loans given to fishers, co-operatives, SMW, other.
Items 19 – 22
SMW subsidies for fresh fish marketing costs, rates shown Table 3 (see annex) • Procedures to follow in qualifying for subsidies for marketing facilities.
Item 23
Earlier decision of Congress of Ministers for subsidy and encouragement to the fisheries issued 20/10/1976 is voided.
Item 24
This decision is valid from issue date and publication in the official journal.
General People's Committee
Date : 19/1/89
Table 1. ‘Percentage of credit share for fishing craft and engine purchase’
Item | % Credit/Grant/ Self-finance share -- Craft | % Credit/Grant/ Self-finance share -- Engine | Repayment period -- craft | Repayment period -- engine | ||||
Credit | Grant | Self | Credit | Grant | Self | |||
1- Vessels > 16m LOA for state companies. | 60% | -- | 40% | 60% | -- | 40% | 6 yrs from 1st yr delivery | 3 yrs from date purchase |
2- Vessels >12m LOA for co-operatives, individuals, tasharukiat | 60% | 10% | 30% | 60% | 20% | 20% | 6 yrs from 1st yr delivery | 3 yrs from date purchase |
3- Vessels >8 & <12m LOA for co-operatives, individuals, tasharukiat | 60% | 10% | 30% | 50% | 20% | 30% | 8 yrs from 1st yr delivery | 3 yrs from date purchase |
Table 2. ‘Percentage of subsidy for fishing gear and spare parts’
% of Assistance | |||
Item | Credit | Grant | Repayment period |
1- Vessels >16m LOA for state companies | 60% | -- | 5 yrs from date of purchase |
2- Craft > 12 m for co-operatives, individuals,. tasharukiat | 50% | 20% | 5 yrs from date of purchase |
3- Fish craft > 8& < 12m LOA for co-operatives, individuals, tasharukiat | 60% | 20% | 5 yrs from date of purchase |
4- Tonnara equipment | 60% | 20% | 5 yrs from date of purchase |
5- Aquaculture equipment. | 60% | 20% | 5 yrs from date of purchase |
Table 3. ‘Percentage of subsidy in fresh fish marketing’
Item | % of Subsidy | Type of Subsidy |
1- Non-fixed equipment (storage refrigerator, display refrigerator, weighing balance) | 75%, max 4000 LD | Direct assistance |
2- Refrigerated truck | 75%, max 10,000 LD | Direct assistance |
3- Transport cost for marketing shop > 100 km distance from production area or marine distributor or site determined by SMW. | 60% of cost | Direct assistance |
* Unofficial and partial summary English translation by Project team from the original Arabic text.
This law is issued by the General People's Congress according to the decision of General People's Committees in the third regular meeting for the year 1985.
Item 1
Each Libyan national has right to engage in productive activties • industry, agriculture, other productive vocational work • on own or in partnership with others through tasharukiat • decision by the General People's Committee will be issued specifying activities according to the recomendations of specialised secretariats.
Item 2
Productive activities defined • manufacture of new products, maintenance or repair.
Items 3 – 5
Each person establishing tasharukia must work on own or with a familly member or in partnership with another • no ‘owners’ of such activity • no hiring of labour allowed • all partners responsible for tasharukia duties.
Items 6 – 7
Legal form of tasharukiat and responsibility of partners to be established by charter document • Capital formation through members' shares, revenue earned from activities, credit.
Item 8
Tasharukiat licensing by specialised authorities in local areas.
Item 9
Subsidies & credit and examption may be given to tasharukiat according to regulation and legislation in force.
Item 10
Local authorities may specify location of tasharukiat.
Item 11
Local authorities empowered in accordance all laws and regulations in force to control and inspect tasharukia activity, ensure that all members are productive, and offer assistance and help in solving any tasharukia problems.
Item 12
General People's Committees should issue complementary rules according to recomendations by specialised secretariats showing conditions required to establish tasharukiat, maximum and minimum number of members, other rules.
Item 13
Concerning penalties for those who violate this law and its imlementation rules.
Item 14
Law will be in force from date of issue and publication in official gazette.
* Unofficial and partial summary English translation by Project team from the original Arabic text.