Ch009

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

STATE	TERRITORIAL SEA	FISHING ZONE	ECONOMIC ZONE
*Argentina	12 mi (1991)	-	200 mi (1991)

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
ARGENTINA	LEGISLATION Fishing by foreign flag vessels prohibited in territorial sea and in the EEZ without authorization of relevant authorities of Argentina. (Art. 2) (Act No. 17.500 of 1967, as amended by Act No. 20.136 of 1973) AGREEMENTS Agreement with the EEC on relations In the sea fisheries sector, valid for 5 years from 24 May 1994, renewable for successive 2-year periods. -Overall amount of EC financing for actions and projects carried out in the 5-year period = ECU 162 500 000 (an. 2 of Regulation); payable on yearly basis for a amount determined by the Argentinian Government (an. 4 of Protocol I). EEC concedes tariff reductions, from 5-10%, on determined fishery products imported from Argentina, against granting of fishing quota (Annexe V). Financial support of EEC is through subsidies for constitution of various sort of companies operating in fishery matters; amount depending on age and GRT of the vessel, as follows: -For promotional purposes, the EEC shall grant, to the joint enterprises established in Argentina, 15% of the amount paid to the EC owner as a operating capital to be paid to the Argentinian enforcement authority. -EEC shall grant to the Argentinian company which forms a joint venture, financial support equivalent to 15% of that granted to the EEC owner. -Financial contribution for technical and scientific cooperation, for the all 5-year period = ECU 28 000 000 (Protocol I of Agreement) (Council Regulations (EEC) No. 3447/93 of 28 September 1993 on Fishery Agreement between EEC and Argentina)	LEGISLATION Joint venture normally required. AGREEMENTS -Under arrangements with certain enterprises in Japan (January 1978), Germany (FDR, April 1978), and the previous USSR (June 1981), experimental fishing by foreign vessels is allowed for one year, at the end of which feasibility studies and proposals for future joint venture fishing operations are to be submitted. -On a similar basis, agreements have been concluded with Bulgaria and USSR (July 1986, valid 2 years, renewable annually unless notice given 6 months before termination), Uruguay (March 1987), and Republic of Korea (May 1987). Agreement with the EEC on relations In the sea fisheries sector, valid for 5 years from 24 May 1994, renewable for successive 2-year periods. Fisheries activities, within Argentinian waters, will be undertaken with a view to the priority supply of the Community market and through: - joint venture, defined as contactual relationship for a limited period, between shipowner from one or more Member State of the EC and Argentinian shipowners, for the purpose of jointly exploiting Argentinian fishery resources, using one or more Community vessels; - joint enterprise, defined as a company constituted under private law, consisting of one or more Argentinian natural or legal persons, bound by a joint enterprise contract for exploiting and eventually processing of fishery ressources; -establishment of undertakings, defined as a company constituted under private law, with capital coming from one or more Member States of the EC, established in Argentina for. exploiting or processing of fishery ressources. (Art. 2 of Agreement) (Council Regulations (EEC) No.3447/93 of 28 September 1993 on Fishery Agreement between EEC and Argentina)	LEGISLATION Argentine vessel (listed on national register) defined as having owner (or majority of co-owners owning over 50% of vessel) domiciled in Argentina. Where vessel is owned by a company, said company must be constituted in accordance with the laws of Argentina or, if incorporated abroad, must have a branch office or other permanent representative in Argentina. (Law No. 20.094, 1973, art. 52)

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
ARGENTINA	LEGISLATION Foreign fishing within the territorial sea and EEZ is prohibited except for privately owned foreign companies from a group of pre-deterrnined countries (after an experimental period) which are authorized to fish up to an annual quota of 200 000 tons under joint venture with Argentinean companies. (Act No. 21.514 of 1977 and Decree No. 190 of 1977) -Application for licence contains: - name and characteristics of vessel; - dates of each voyage communicated 15 days before arrival in Argentina; (Art. 1) - inspection and identification before the beginning of fishing activities. (An. 2) Licence conditions contain: - ports where activities of foreign vessels are authorized; (art. 4) - local landing of catches to be made by national workers; (an. 5) - identification marks; (an. 3) - observer and interpreter on board (an. 8). (Resolution No. 219 of 19 April 1987 concerning foreign fishing activities in EEZ under agreements in force) AGREEMENTS Agreement between Argentina and EEC on relations In the sea fisheries sector, valid for 5 years from 24 May 1994, renewable for successive 2-year periods. -After selection of projects of joint enterprises and establishement of undertakings, EC vessels shall enter the National Vessels Register of Argentina; -these vessels may exploit non-surplus and surplus resources within the maximum limits laid down (Annex I of Agreement). Maximum annual fishing opportunities shall be as follows: -non surplus species = Merluccius hubbsi: 120 000 t.; -surplus species = (l) Patagonian grenadier, 50 000 t.; (ii) Argentinean shortfin squid, 30 000 t.; (iii) Patagonian rockcod and/or roughhead grenadier, 50 000 t. in all; -by-catches shall be included in these maximum quantities and may not exceed 10% of the catch actually taken on each trip. (Art. 1, protocol I) Of these quantities supra, community vessels operating as part of joint ventures, may catch the following maximum annual quantities: -non surplus species = Merluccius hubbsi: 40 000 t.; -surplus species = (i) Patagonian grenadier, 17 000 t.; (ii) Argentinean shortfin squid, 10 000 t.; (iii) Patagonian rockcod and/or roughhead grenadier, 17 000 t. in all. (Art. 2, protocol I) Conditions for joint venture: -fishing licence issued to the Argentinean undertaking which formed the joint venture, in respect of EEC vessel/s concerned; -licence valid for a period equal to the duration of the joint venture which normally does not exceed 3 years; -at least 30% of the crew must be Argentinean; -scientific observer shall be boarded on request and provided with all facilities; -fishing zones and gear determined. (Annex II of Agreement). (Council Regulations (EEC) No. 3447/93 of 28 September 1993 on Fishery Agreement between EEC and Argentina)	LEGISLATION -Daily radio reports on position. -Catch statement upon entry into port. (An. 6) -Fishing log of foreign fishing vessels to be maintained by Argentinean company in joint venture. (An. 11) (Resolution No. 219 of 19 April 1987 concerning foreign fishing activities in EEZ under agreements in force) AGREEMENTS Agreement with the EEC on relations In the sea fisheries sector. -EC vessels shall forward to Argentinean enforcement authority, a catch declaration within 48 hours of the end of each trip. (Annex II) (Council Regulations (EEC) No. 3447/93 of 28 September 1993 on Fishery Agreement between EEC and Argentina)

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

ARGENTINA

Table E: -Penalties for unauthorized foreign fishing-

STATE	FINES	IMPRISONMENT	FORFEITURE
ARGENTINA	US$ 10 000 up to US$ 1 000 000	NO	Vessel: Court may order (for serious and deliberate violations of the laws taking into account repeated offences number of vessels methods of fishing size of catch and conduct of captain at time of detention of vessel). Gear: Court may order. Catch: Court shall order.

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