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Gabon

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

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
*Gabon 12 mi (1992) - 200 mi (1984)


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
GABON LEGISLATION
Licence fees depend on nationality of vessel and licence applicant, vessel GRT, fishing methods, and calculated according the following formula: T = R x J x P; T= amount of fee in CFAF; R= basic fee; J= GRT; P= coefficient varying according to fishing methods and species. (Art. 25)
(Decree No. 062/PR/MEFPE on Fisheries, of 10 January 1994)
-For industrial fishing by foreign vessel: R = CFAF 25 000/year; P= 1,5 for demersal species; P= 3 for shrimps and other crustaceans; P= 1 for tuna fishes; P= 0,5 for molluscs and cephalopodas.
-For artisanal fisheries by foreigners = FCFA 60 000/yearhessel.
(Source: Ministry of Agriculture and Rural Development, August 1995)
LEGISLATION Fishing by foreigners only permitted within framework of joint ventures for industrial or artisanal fisheries, in accordance with conditions laid down by regulations and subject to international agreements.
(Law No. 1/82 of 22 July 1982, Framework Law on Water and Forests, art. 73)
Joint ventures obligatory for foreigners access to fishing zones 2 and 3 (within territorial sea)
(Decree No.062/PR/MEFPE on Fisheries, of 10 January 1994, arts. 20, 21 and 22)
LEGISLATION
Gabonese nationality
allowed to vessel will be:
-at least half owned by Gabon nationals;
-belonging to a company, having its registered office is in Gabon, of which Board of Directors, President and the majority of the members of the company are Gabon nationals, and which at least 50% of the share capital, is held by Gabon nationals.
-Share capital subscribed by nationals cannot be transfered without special authorization of Minister. (Art. 4)
(Law No. 6/74 of 11 May 1978 setting conditions of vessels Gabonisation, amending Merchant Marine Code, No. 10Fi:l of 12 January 1964)


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
GABON LEGISLATION
-Industrial fishing allowed to foreign vessels in fishing zone No. 4, i.e., beyond 6 n.m. within the extent of EEZ.
-Industrial fishing licence and others authorizations issued by Minister for Fisheries, after payment of relevant fees. (Arts. 13, 23 and 27)
-Licence to indicate: identity and address of the holder; identity of the Master, vessel identification markings, registration number, call sign; vessel length, net and Gross Registered Tons, engine power, type of fishing authorized with mention of techniques, number and size of fishing gear, proposed catch species, fishing areas and seasons; amount of fee; landing ports; period of licence validity. (Art. 31)
-Licence is nominative, non transferable, valid for one vessel or specific person. (Art. 34)
-Licence to be held on board. (Art. 36) licence application to be transmitted to Minister for Fisheries with determined documents and information. (Art. 37)
-Issuing of licence depending on stock available. (Art. 38)
(Decree No. 062/PR/MEFPE on Fisheries. of 10 January 1994)
Trawl fishing regulated for all vessels in terms of maximum number of vessels, horsepower, and fishing areas.
(Decree No. 290 of 12 February 1979. art. 1)
LEGISLATION
-Fishing logbook shall be maintained on a daily basis by the licence holder reporting on:
- catch by ton and by species, fishing effort, routing, areas and dates of entering and leaving national waters and the situation of catch on board at these times;
- cumulative production of the all fishing campaign by group of species.
-Industrial fishing licensee may obtain prior authorization from relevant administration, for landing of catch.
-Geographical position, route, catch on board to be reported by radio to the relevant administration upon leaving or entering national jurisdiction.
(Decree No. 062/PR/MEFPE on Fisheries. of 10 January 1994, arts. 48 and 49)
Vessel owner or operator must communicate statistical data on fishing operations to Water and Forest Administration in accordance with prescribed conditions.
(Law No. 1/82 of 22 July 1982. Framework Law on Water and Forests. art. 72)


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
GABON X X                       X   X X     X XR XD X      


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
GABON Unauthorized vessels: from FCFA 50 000 up to2 000 000. Fishing In prohibited zone: from FCFA 2 000 000 to 50 000 000 (cumulative with emprisonment or not). Unauthorized vessels: from 3 to 6 months. Fishing In prohibited zone: from 6 months to 2 years. (cumulative with fines or not) Catch: seized and sold.
Vessel and gear: Court may order confiscation.

 


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