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Benin

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

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
* Benin 200 mi (1976) - -


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
BENIN LEGISLATION
-Trawlers = 1 000 francs CFA per gross tons per year.
-Shrimp vessels = 3 500 francs CFA per gross ton per year.
(Ordinance No. 7340, 1973, art. 2)
Foreign Owner of industrial fishing vessel operating from Cotonou Port (i.e., based in Benin) to pay deposit according to tonnage class and vessel age:
-vessels between 0-5 years: from 50 GRT to 200 GRT = from CFA 300 000 to CFA 1 200 000, over 200 GRT = CFA 2 400 000;
-vessels between 6-10 years: from 50 GRT to 200 GRT = from CFA 500 000 to CFA 2 000 000; over 200 GRT = CFA 4 000 000;
-vessels over 10 years old: from 50 GRT to 200 GRT = from CFA 700 000 to CFA 2 800 000, over 200 GRT = CFA 5 600 000.
(Decree No. 78-18 of 9 February 1978, establishing Permanent Technical Commission of National Committee for Fisheries)
LEGISLATION
Fishing within territorial waters is reserved for local vessels or vessels from other countries or categories thereof on reciprocal basis.
(Ordinance No. 68-38, 1968, art. 8)
Foreign fishing in territorial waters (which are 200 nary.) to be authorized by Benin.
(Decree No. 76-92, 1976, art. 2)
LEGISLATION
Local fishing vessel
defined as fishing vessel at least 50% owned by Benin nationals or by nationals of another state with which a reciprocal agreement has been concluded.
- Where vessel is owned by a company, main office must be in Benin, the General Manager and majority of members of the Board of Directors must be Benin nationals, and at least 50% of share capital must be held by Benin nationals or nationals of another state with which reciprocal agreement has been concluded.
-Exemptions from these conditions may be granted by decree to neighbouring non-coastal countries and to public entities, companies, and nationals of such states.
(Merchant Shipping Code. 1968. art. 16)


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
BENIN LEGISLATION
Trawling prohibited within 3 miles of coast.
(Order No. 100 of 31 July 1968. art. 1)
-All foreign fishing vessels operating from Cotonou port, must hold valid licence from Benin authorities.
-Vessels licensed for industrial fishing must be owned by company whose head office and accounts are in Benin, or by physical person(s) residing in Benin or represented there and holding accounts there.
-Vessels operating in industrial fisheries out of the port of Cotounu must be less than 7 years old.
(Ordinance No. 7340, 5 May 1973, arts. 4 and 5)
Armament licence of industrial fishing for foreign vessels based in Benin not transferable without agreement of the Technical Commission.
(Decree No. 78-18 of 9 February 1978, establishing Permanent Technical Commission of National Committee for Fisheries)
AGREEMENTS
-Bilateral agreements have included provisions regarding training on board foreign vessels and welfare protection.
-Nigerian and Benin vessels operate in each other's zones by virtue of an unwriten reciprocical agreement.
 


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
BENIN                 X       X X X                      


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
BENIN CFAF 200 000 up to FCFA 4 000 000 10 days to 6 months Vessel, gear and catch: Court shall order on second offence.

 


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