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Table A: -Limits of territorial seas, fishing zones and exclusive economic zones-
| STATE | TERRITORIAL SEA | FISHING ZONE | ECONOMIC ZONE |
| **Guinea | 12 mi (1980) | - | 200 mi (1980) |
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 |
| GUINEA | LEGISLATION Fees set by category of fishing licence according to species targetted and type of gear used. A) Freezer trawlers (active gear) -locally-based foreign vessels: (i) pelagic species = US$80/GRT/year; (ii) cephalopods = US$240/GRT/year; (iii) demersal species = US$225/GRT/year. -foreign vessels (i) pelagic species = US$125/GRT/year; (ii) cephalopods = US$300/GRT/year; (iii) shrimps = US$375/GRT/year; (iv) demersal species = US$281.75/GRT/year. B) Ice trawlers (active gear) -locally-based foreign vessels fishing demersal species = US$125/GRT/year. -foreign vessels fishing demersal species = US$150/GRT/year. C) vessels equiped with passive gear -tuna seiners = US$20 000/year; -tuna liners = US$15 000/year; -longliners = US$15 000/year; -gill net fishing = US$1 600/year; -collector vessels assisted by motorized small boats = US$160/GRT/year. Fees increased by 5% in case of half-yearly payment. (Order No. 0603/95 of 31 January 1995. setting down fees rates for industrial fishing licenses) Contribution to observers on board = US$485/month per vessel. (Art. 27) (Order No. 0602/95 of 31 January 1995, regulating industrial fishing activities) AGREEMENTS Protocol of Fisheries Agreement (of 1983) between Guinea and EEC valid from 1 January 1994 to 31 December 1995 -Financial compensation = ECU 1 700 000 payable in two equal annual instalments, ECU 450 000 for research and technical programs, and ECU 550 000 for training. -Fishing fees for trawlers set as follows for: -fish = ECU 126/GRT/year or ECU 82 half-yearly: -cephalopods = ECU 150/GRT/year or ECU 97 half-yearly; -shrimp = ECU 152/GRT/year or ECU 99 half-yearly. -additional fee of ECU 10/GRT/year when vessel does not land 100kg/GRT/year as required. -Fishing fees for tuna vessels and surface longliners: -annual fee = ECU 20 per ton caught. -licences issued after payment of lump sum of ECU 1 500/tuna seiner/year and ECU 300/tuna liner and surface longliner per year. (Council Decision No. 94/456 of 17 June 1994) |
LEGISLATION -Foreign fishing submitted to existing international access agreement or arrangements. -Agreements or arrangements shall: -specify number and capacity of authorized fishing vessels, type of fishing and authorized fishing species; -provide that owner or representative shall obtain individual fishing licence according to specified application form; -determine amount and payment conditions of relevant fees; -specify reporting conditions and timely communication of catch data to the Ministry; -prescribe specifications for vessels markings; -provide that foreign party shall take all measure to comply with terms and conditions of agreement and with national law of Guinea. -International agreements and arrangements shall be consistent with provisions of applicable fisheries management plans. (Art. 12) -Minister of fisheries shall engage the country into bilateral or multilateral international cooperation agreements regarding resources exploitation access to national waters of the states from the same sub region. (Art. 13) (Law No. 95/13 of 15 May 1995. Establishing Maritime Fisheries Code) AGREEMENTS |
LEGISLATION Local vessel defined as one wholly owned by Guinean state, or at least 51% owned by Guinean citizens, or owned by Guinean company of which at least 51% of capital belongs to Guinean citizens, with its head office in Guinea, and a Board of Directors or Supervisory Board of which the chairman and a majority of the members are Guinean citizens and with a Guinean sole administrator, manager or managers. -Guinean vessels may land all their catch in Guinea without prejudice of re-export from Guinea. -Guinean vessel shall have all crew members with Guinean citizenship unless specific dispensation from Minister. (Art. 7) (Law No. 95/13 of 15 May 1995, establishing Maritime Fisheries Code) Locally-based foreign fishing vessel defined as vessel carrying out its activities from Guinea where all its catch is landed, within framework of arrangements approved by the Minister. (Order No.0602/95 of 31 January 1995 regulating industrial fishing activities) |
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 |
| GUINEA | LEGISLATION -Foreign fishing vessels allowed to fish in Guinean waters only according to terms and conditions of international agreement or other arrangement concluded between Guinea and the State of vessel's flag or place of registration and vessels representatives. -Locally-based foreign fishing vessels and vessels holding a special authorization are exempted from such condition and submitted to special regulation. (Art. 11) -Gear to be stowed when vessels are in unauthorized fishing areas. (Art. 36) -Catch of any marine mammal forbidden. (Art. 34) -Industrial fishing shipowners may be required to purchase insurance or to contribute to a special fund to compensate artisanal fishermen for damages caused during fishing operations. (Art. 33) -Scientific and technical research fishing operations shall be authorized in writing by the Minister. (Art. 28) -Vessels shall permanently identification markings. (Art. 35) (Law No. 95/13 of 15 May 1995, establishing Maritime Fisheries Code) -Licence valid for maximum one year. (Art. 1) -Licence to include name, technical specification of vessel, fishing gear used, crew selection. -Licence application shall be done in prescribed form and accompanied with specified documents. (Art. 3) -Licence is not transferable. -Vessel shall undergo technical visit before licensing. (Art. 4) (Order No. 0369/95 of 31 January 1995 setting up licensing conditions for industrial fishing) -Trawl fishing for shrimp reserved to vessels operating for firms under joint venture with Guinea. (Art. 5) -Gill net fishing prohibited with gear of more than 2 500 m. -Mesh size authorized for codend: 70 m.m. for fish trawlers; 70 m.m. for cephalopods trawlers; 50 m.m. for demersal shrimp trawlers. (Art. 9) -Transhipment only allowed to trawlers and subject to prior authorization by Guinean Authorities and can be done in Conakry's harbour. (Art. 16) -Licence to be held on board at all times. (Art. 20) -Percentage of authorized by-catch set as follows: vessels fishing cephalopods = 30% of shrimp and 30% of fish; fishing vessels of fishes = 7% of shrimps and 7% of cephalopods; shrimp vessels = 30% of fishes and 20% of cephalopods. (Art. 22) -Bottom trawlers shall be < 1 000 GRT and engine power < 2 000 H. (Art.23) -Licensed industrial or semi-industrial fishing vessels of more than 15 m. overall length, may board designated observer who will be replaced at the end of each tide or every 3 months. (Art. 24) -Issuing of licence is subject to payment of fishing fees and lump sum for fisheries protection and monitoring effort. (Art. 31) -Fishing fees set according to GRT, type of fishing, species targeted and duration of licence. (Art. 32) (Order No. 0602/95 of 31 January 1995 regulating industrial fishing activities) -Fish trawlers authorized to fish beyond the 10 n.m.; pelagic fishing vessels beyond the 50 n.m.; shrimp and cephalopod fishing vessels beyond the 12 n.m.; longliners, gillnet and collector vessels beyond the 6 n.m. (Arts. 1-5) (Order No. 0600/95 of 31 January 1995 defining industrial fishing zones in the EEZ) AGREEMENTS Protocol of Fisheries Agreement (of 1983) between Guinea and EEC valid from 1 January 1994 to 31 December 1995 -Fishing possibilities for trawlers = 4 200/GRT/month on annual average; freezer tuna seiners = 24 vessels; tuna liners = 10 vessels; surface longliners = 5 vessels. -Community authority shall present an application for each vessel wishing to fish under agreement, to relevant Guinean authority, at least 10 days prior to the date of commencement of fishing operations. -Application shall contain name and address of applicant, of company, vessel name, registration number, radio call sign, GRT, number and capacity of fish holds, total number of crew and fishing method. -Licences must be held on board at all times. -Licences not transferable. -No interference with authorized officers' mission on board -100 kg. of fish/GRT/year must be landed for local consumption. -Guinean nationals must be hired as crew in the following numbers or a lump sum may be paid for training: - for trawlers: up to 350 GRT = three seamen, of which one is an observer; more than 350 GRT = 25% of crew (of which one is an observer). - for tuna boats: seiner = three seamen in permanence; pole and liners = three seamen for entire fleet; surface longliners = two per vessel. -Fishing zones limited to beyond 12 miles. -Minimum mesh size authorized for trawlers = 40 m.m. for shrimp; 40 m.m. for cephalopods; 60 m.m. for fishes. -Maximum by-catch authorized: (i) for fish vessels = 15% of non-fish species on total catch; (ii) for cephalopods vessels = 20% of crustaceans and 30% of fishes on total catch; for shrimp vessels = 25% of cephalopods and 50% of fishes on total catch; additional percentage of 5% admitted. Tuna liners authorized to fish live bait within fishing zone. (Council Decision No. 94/456 of 17 June 1994) |
LEGISLATION -Licensed vessels may, while operating in Guinean waters, communicate to Guinean authorities, time and related data of entry and departure in/from fishing zones. (Art. 29) (Order No. 0602/95 of 31 January 1995 regulating industrial fishing activities) -All data collected during scientific and technical fishing operations shall be transmitted to the Ministry in prescribed delay. (Art. 28) -Captain and master of industrial vessels allowed to fish in Guinean waters shall permanently maintain updated fishing log reporting on fishing efforts, catch and other information as may be required. -Captain and master of industrial fishing vessels shall report to the relevant authorities, through radio, telex or fax, their position, entry and departure in/from Guinean waters. (Art. 38) (Law No. 95/13. of 15 May 1995, establishing Maritime Fisheries Code) AGREEMENTS Protocol of Fisheries Agreement (of 1983) between Guinea and EEC valid from 1 January 1994 to 31 December 1995 -For trawlers, catch shall be declared monthly and communicated every 3 months. -Tuna seiners, liners, surface longliners to maintain fishing logbook for each fishing period within Guinean waters. (Council Decision No. 94/456 of 17 June 1994) |
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 |
| GUINEA | X | X | X | X | X | X | X | X | X | X | X | XR | X | XM | X |
Table E: -Penalties for unauthorized foreign fishing-
| STATE | FINES | IMPRISONMENT | FORFEITURE |
| GUINEA | From Guinean Francs 800 000 000 up to GF 1 000 000 000 and doubled on second offence | NO | Vessel: Confiscated
on second offence. Gear and catch: Court may order on first offence; Court shall order on second offence. |