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Brazil

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

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
**Brazil 12 mi (1993) 200 mi (1993) -


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
BRAZIL LEGISLATION
Foreign fishing vessel must be registered against payment of annual fee according to its length and species targetted.
(Decree-Law No. 2467 of 10 September 1988, amending Decree-Law No. 221)
  LEGISLATION
Local fishing vessel defined as fishing vessel owned by nationals or companies set up in Brazil.
-Authorizations for chartering foreign fishing vessels may be granted to local companies provided that majority of share capital is held by native-born Brazilians. (Art. 3)
(Decree No. 68.459,1971, regulating (fishing rational use and conservation of living resources) in the territorial sea)
Note: New legislation under consideration.


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
BRAZIL LEGISLATION
-Foreign fishing only in the zone between 100 and 200 miles off coast (unless special authorization).
-Certain fisheries (lobster, shrimp) reserved for Brazilian fishermen.
(Decree No. 68.459 of 1 April 1971, regulating fishing (rational use and conservation of living resources) in the territorial sea)
-Licences renewable and valid for maximum of one year.
-Licences must specify fishing methods and gear to be used.
-Licensed vessels must be registered in General Fishing Register.
-Vessel captains must be familiar with and comply with Brazilian laws and regulations.
-Fishery inspectors to be allowed on board licensed vessels.
-Transhipment of catch between vessels in territorial seas subject to prior authorization.
-Local landings by foreign vessels are prohibited unless specifically authorized.
-Legal agents or representatives of vessel owner must be maintained in Brazil during the period of fishing operations.
-Employment of nationals must meet standards set out in Brazilian labour laws.
(Decree Law No. 221 of 28 February 1976 providing protection, incentives and other for the fishing industry)
Note: New legislation under consideration
LEGISLATION
-Captains of foreign vessels to inform Navy, Coast
Patrol, Naval Police, and Search and Rescue Service of day and hour of entry into and exit from Brazilian territorial sea
-Captains to make daily radio reports on position in territorial sea.
-These reports are to be submitted through radio- telephone station or nearest Coast Guard station to Naval District Command.
-Captains to maintain official logbooks, giving details of position, effort, catch and other relevant data, to be sent as required.
(Decree Law No. 221, of February 1967, providing protection. incentives and other for the fishing industry)
Note: New legislation under consideration.


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
BRAZIL     X       X       X   X X X X X     XD   X XR      


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
BRAZIL Criminal offence punishable under criminal legislation in force. NO Vessel, gear and catch: Court may order.

 


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