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Gambia

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

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
**Gambia 12 mi (1968) 200 mi (1991)5 -


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
GAMBIA LEGISLATION
-Licence fees are set within fisheries access agreement if applicable, or in schedule 3 without possibility of prorate payment (art. 5). Fees amounts for: - application form for fishing licence = D50 per set;
- trawlers for fish & cephalopod <400 HP = D500/GRT/year; >400 HP= D600/GRT/year; shrimp trawlers = D750/GRT/year; seiners/(small) pelagic trawlers = D275/GRT/year; - processing/storage vessels = D200/GRT/year;
- tuna vessels = D500/t. of tuna caught;
(a) for purse seiner: a lump sum of D 25 000/year (i.e. a catch of 50t./year) prior to licensing of vessel.
(b) for longliners and pole and line vessels: a lump sum of D 10 000/year (i.e., a catch of 20t./year) prior to licensing of vessel.
(i) If quantity of tuna caught per year > minimum quantity paid for, additional payment for the difference due to Accountant General's Department;
(ii) lf quantity of tuna caught per year < minimum quantity paid for, the resulting balance is not reimbursable. - Sport Fishing Vessels = D 1 000/year per vessel. (Schedule IIl) (Fisheries Regulations, 1995)* *Note: Fisheries Regulations were about to be signed by Minister of Agriculture and natural resources on 5 May 1995.

AGREEMENTS
New protocol of Implementation of the Senegalo-Gambian Agreement (11 November 1992) of Maritime Fisheries, 26 January 1994
Reciprocal fishing rights (GRT/vessel type):
Trawlers = 1 750 GRT; Tuna vessels = 600 GRT; Sardinella vessels = 500 GRT.
Licence fees to be paid by Senegalese vessels are the fees applicable to Gambian fishing vessels
(Fisheries Regulations, 1995, sch. IV).
- trawlers (for fish & cephalopods), with engine capacity < 400 HP = D200/GRT/year; 2 400 HP = D250/GRT/year;
- shrimp trawlers = D300/GRT/year;
- seiner/(small) pelagic trawlers = D150/GRT/year;
- processing/storage vessels = D100/GRT/year;
- tuna vessels = D200/t. of tuna caught in fisheries waters;
(a) for purse seiners = lump sum of
D 10 000/year (i.e. catch of 20t.tuna/year) prior to licensing of the vessel;
(b) for longliners and pole and line vessels = lump sum of D 4 000/year (i.e. catch of 20t. tuna/year) prior to licensing of the vessel;
(i) if quantity of tuna caught per year > minimum quantity paid for, additional payment for the difference due to Accountant General's
Department.
(ii) if quantity of tuna caught per year < minimum quantity paid for, the resulting balance is not reimbursable.
-Sport Fishing Vessels = D500/year per vessel
-Application for fishing licence forms = D50/set
Protocol of Fisheries Agreement Gambia/EEC of 1987 renewed, In July 1993 and valid up to 30 June 1996
Financial compensation of ECU 1 100 000 is payable in three equal instalments; fees to be paid to the Accountant General's Department, in the required currency; fees include all national and local charges except port taxes and service charges.
-Fees for scientific programme = ECU 80 000.
-Awards for study and practical training =
ECU 220 000.
-Fees applicable to tuna vessels = ECU 20 per ton caught;
-Licence issued after payment to the Accountant General's Department, of a lump sum of ECU 1 000/year/tuna seiner (i.e., 50t./year of tuna caught) and ECU 200/year/pole-and-line tuna vessel (i.e. 10t./year of tuna caught); final statement of fee due for fishing period to be drawn up by Commission of EEC at the end of calendar year, on the basis of the catch statements made for each vessel and confirmed by relevant scientific institutes; if final statement is lower than the above-mentioned amount, the resulting balance not reimbursable.
-Fees applicable to other vessels; fee is proportional to GRT and duration of the licence; the annual rate for: a) fresh fish vessels = ECU 96/GRT for vessels fishing crustaceans and ECU
60/ for other vessels; b) freezer vessels = ECU 96/GRT for shrimp vessels and ECU 72/GRT for other vessels.
(Protocol and Annex of Agreement, Council Regulation No. 634/94 of 10 March 1994)
Agreement between Gambia and the Federation of Japan Tuna Fisheries Co operative Association and the Japan Far Seas Purse Seine Fishing Association for fishing In
Gambian waters, signed on 28 July 1992, for one year, renewable yearly by tacit understanding
Fees:
-longliners = US $1 000/vessel for 3 month operation; extension up to 1 or 2 months more, must be on request at least 15 days before the expiry of the 3 months; then fee = US$ 350/vessel/month;
-purse seiner = US$ 5 000/vessel for 5 month operation;
-periods of 3 and 5 months become effective on the date of first entry into Gambian waters of each vessel.

   


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
GAMBIA LEGISLATION
-Application or renewal of licence to be made in prescribed form.
-No fishing possible except what authorized by the licence
-Any change of information in the application shall be notified to the licensing officer, not later than 7 days from the date of the change.
-No trans-shipping of fish from or onto the vessel, without authorization of licensing officer and according to the conditions specified by him.
-Master and crew of the vessel, shall comply with directions given by authorized officer, in particular: (i) stop the vessel; (ii) allow boarding and co operate with inspection; (iii) bring the vessel into port.
-All reasonable measures and precautions will be taken to avoid damages to local fishing operation, non-commercial included.
-Vessel has to: (i) fly its flag's State; (ii) display name clearly in large letters on the bows and stern; (iii) comply with schedule VIII for identification markings.
-Observer must be allowed on board and provided with necessary facilities and cooperation by master and crew; costs for observer should be met by the owner.
-At least 20% of the crew on board must be Gambian nationals; costs to be met by the Owner.
-The master, owner or charterer must appoint a local representative, responsible for any action or requirement regarding the vessel; exemption can be made by the Minister in case of foreign fishing vessels licensed under fisheries access agreements.
-Local Representative means for a company, a partnership or another business enterprise, incorporated or registered under Gambian laws, dealing with fisheries activities and based in the Gambia.
-Fishing gear in contravention of prescriptions on mesh size and licensing must be stowed.
(Fisheries Regulations of 1995. sects. 3, 6, 7 and 8)*
*Note: Fisheries Regulations were about to be signed by Minister of Agriculture and Natural Resources on 5 May 1995.
AGREEMENTS
New Protocol of Implementation of the Senegalo-Gambian Agreement (11 November 1992) of Maritime Fisheries, 26 January 1994.
-Application to be made on prescribed form through Ministry in charge of Foreign Affairs.
-Valid insurance policy and seaworthiness certificate issued by competent authority of the country of origin, are requested for technical inspection. licence issued only after payment of the prescribed fee and not transferable except in case of force majeure.
-Senegalese vessels authorized to fish in Gambian waters are: (a) tuna vessels up to 600 GRT; (b) trawlers up to 1 750 GRT; (c) sardine vessels up to 500 GRT.
-Mesh size of fishing gear to comply with regulations adopted by Sub-Regional Fisheries Commission; minimum mesh size of authorized nets, for industrial vessels fishing coastal or deep sea demersal species, and pelagic trawlers, is specified.
-Boarding of a deck hand/inspector on vessels up to 250 GRT, or of an inspector on vessels above 250 GRT, to comply with the national legislations.
Agreement between Gambia and the Federation of Japan Tuna Fisheries Co-operative Association and the Japan Far Seas Purse Seine Fishing Association, signed on 28 July 1992.
-Application for licence shall be made in prescribed form (Annex D, at least 1 month before the date of commencement of the period of validity requested, and accompanied by proof of fee payment (bank cable transfer to a financial institution or other body designated by Gambia's authority).
-Licence issued following receipt of proof of payment.
-Licence issued for a specific vessel, not transferable, however at the request of the Federation or Association, in case of force majeure, may be replaced by a new licence for another vessel with similar features. New licence shall indicate, date of issue and remaining period of validity.
-Licence must be held on board at all times.
-Arrangements for payment of fee, including information on bank account will be determined by Accountant General Department of Gambia, before entry into force of agreement.
Protocol of Fisheries Agreement between Gambia and EEC of 1987 renewed In July 1993 and valid up to 30 June 1996
-Annual fishing rights as follows:
1) tuna vessels:
(a) freezer seiners = 23 vessels;
(b) pole and line = 7 vessels;
2) trawlers and other vessels:
(a) fresh fish = 410 GRT;
(b) freezer trawlers = 2 000 GRT (shrimps) and 750 GRT (other species).
-Fishing days limited to 1 000 and 4 000 respectively, for each fishing year of protocol validity. EEC Commission is notified when 80% of fishing days for each vessel category have been utilized.
-Applications to be made in determined form (Appendix 1) and introduced at least 15 days before date of commencement for period requested and to be accompanied by proof of fee payment for duration of licence.
-Licence issued within 15 days following receipt proof of payment, for a specific vessel.
-Licence not transferable however, at the request of EEC Commission and in case of force majeure, can be replaced by a new licence for another vessel with similar features. New licence shall indicate date of issue and remaining period of validity. No fee due for unexpired period of validity.
-Licence to be held on board at all times. licence for tuna vessels: valid for one year, renewable; any additional payment of the shipowner to the Accountant General's Department, to be made no later than 30 days after notification of final statement of the fee, drawn up by the
EEC Commission.
-Licence for other vessels: trawlers to be limited at a maximum of 1 500 GRT; an agent selected by the shipowner and based in the Gambia has to represent the vessel.
-Trawlers obliged to land free of charge, 30 kilos per GRT/year of fish for local consumption.
-Owner to take on board a fisherman and support relative wage, if not lump sum of 60% seaman's wage to be paid.
-Vessels must carry out activities in the following zones: (1) beyond 7 m. from the coast for trawlers <250 GRT; beyond 12 m. from the coast for trawlers 2 250 GRT; throughout the waters under sovereignty or jurisdiction of the Gambia for tuna vessels.
-Minimum mesh size for trawl body specified; for tuna, international standards of ICCAT.
(Protocol and Annex of Agreement. Council Regulation No. 634/94 of 10 March 1994)
LEGISLATION
-Master of the vessel shall cause a logbook, to be maintained on a daily basis, for recording of fishing operation and in the form required by licensing officer.
-Logbook shall be transmitted in its unaltered form to the licensing officer or to any person or organization designated by him: (i) not later than 45 days after the completion of the voyage related in the logbook; or (ii) at any other time o
n simple request.
-Estimated time of entry or exit of the vessel into/from any Gambian port to be notified, at least 24 hours before.
-Any records, logbooks or modifications required, must be in English.
-Master to make daily reports (schedule VI), using Gambian national grid report system (schedule V), at time and through radio frequency specified by Licensing Officer.
(Fisheries Regulations of 1995. sect. 6)*
*Note: Fisheries Regulations were about to be signed by Minister of Agriculture and Natural Resources on 5 May 1995.
AGREEMENTS
Agreement between the Gambia and the Federation of Japan Tuna Fisheries Co-operative Association and the Japan Far Seas Purse Seine Fishing Association, signed on 28 July 1992.
-Every licensed vessel must notify appropriate authority a specified form (Annex II), through the Gambia coastal radio station or telex: (i) entry report, by 24 hours prior to first entry into Gambian waters; (ii) exit report, by 24 hours prior to final departure from Gambian waters.
-International Radio Call Sign amidships shall be displayed on both sides of the hull and on appropriate weather deck; the letter of the display shall be at least 0.45 meter in height.
-Daily catch record to be: (I) maintained as shown in Annex III-1 and 2; and (ii) sent to the Authority by mail within 30 days of the first port call following operation in Gambian waters.
Protocol of Fisheries Agreement between the Gambia and EEC of 1987 renewed, in July 1993 and valid up to 30 June 1996
-Statement of catch to be made in specific form (Appendixes 2 and 3); to be completed legibly and signed by the master of the vessel.
-Form for tuna seiner and pole-and-line tuna vessels, to be sent for each fishing period within 45 days of the end of the fishing voyage, to the relevant
Gambian authority, via the Commission Delegation in the Gambia.
-Statement for trawlers to be monthly and transmitted to the relevant authorities at least every 3 months.
-Vessels shall communicate to the Banjul radio station, the date, time and position when entering and leaving Gambian fishing zone.
-While fishing, vessels shall notify their position and catch, every 3 days via Banjul radio station, and provide details of total catch each time the fishing zone is left.
-If radio communication unavailable, alternative means, such as telex and telegram to be used.
(Protocol and Annex of Agreement, Council Regulation No. 634/94 of 10 March 1994)
New Protocol of implementation of the Senegalo-Gambian Agreement (11 November 1992) of Maritime Fisheries, 26 January 1994:
-declaration of catch under prescribed form, to be deposited at the end of each fishing trip and in any case before the end of the following month;
-deck hand/inspector and inspector shall communicate by radio with their base twice a week and whenever necessary;


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
GAMBIA X X X     X X       X X X X X X X         X X   X X


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
GAMBIA Up to Dalasis 2 000 000; for second offence up to twice the amount of fine prescribed for first offence. Up to 8 years (up to 5 years for second offence) Vessel: Court may order, Court shall order on second offence.
Gear and catch: Court shall order.

 


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