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Senegal

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

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
**Senegal 12 mi (1985) 200 mi (1987) 200 mi (1985)


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
SENEGAL LEGISLATION
-Licence for pelagic fishing = CFA 5 000/GRT/year.
-Licence for high sea pelagic fishing = CFA 5 000/GRT/year.
-Licence for inshore demersal fishing:
(i) shrimp = CFA 15 000/GRT/year;
(ii) fish and cephalopods =
CFA 8 000/GRT/year.
-Licence for bottom demersal fishing:
(i) shrimp = CFA 15 000/GRT/year;
(i. fish = CFA 8 000/GRT/year.
-Licence for longline and pot fishing = CFA 8 000/GRT/year. (Art. 3)
-Licence fees x 5 when a vessel does not land entire catch in Senegal. (Art. 7)
(Decree No. 87/1042 of 18 August 1987 implementing the Marine Fishing Code and regarding licence fees)
Licence fees for chartered vessels:
-Licence for inshore pelagic fishing = CFA 10 000/GRT/year.
-Licence for high sea pelagic fishing = CFA 10 000/GRT/year.
-Licence for bottom demersal fresh fishing:
(i) shrimp = CFA 40 000/GRT/year;
(ii) fish = CFA 30 000/GRT/year.
-Licence for inshore demersal fresh fishing: (I) shrimp = CFA 40 000/GRT/year; (ii) fish = CFA 30 000/GRT/year. (Art. 3)
(Decree No. 87-1600 of 31 December 1987 establishing conditions for chartering of vessels flying foreign flag)
AGREEMENTS
Agreement between Senegal and EEC of 1980 for fishing off the coast of Senegal, with Protocol of implementation valid from 2 October 1992 to 1 October 1994
-Financial compensation = ECU 31 200 000 payable in two equal instalments.
-Financial contribution to scientific and technical programs = ECU 600 000; to training and scholarships = ECU 200 000.
Fishing licence fees for trawlers:
(1) inshore demersal fresh fishing of fish and cephalopod, for vessels landing entire catch in Senegal = CFA 20 000/GRT/year;
(2) inshore demersal fishing of fish and cephalopod, without local landing of catch = CFA 50 000;
(3) bottom demersal fishing of fish with partial landing of catch, after 4-month fishing haul = CFA 12 500/GRT for chilled fish and CFA 15 000/GRT for frozen fish;
(4) freezer inshore demersal vessels fishing fish and cephalopod, landing part of catch = CFA 40 000/GRT/year;
(5) when these vessels supra have a 4-month fishing period defined within fishing plan communicated every 6 months to Senegal = CFA 23 000 for 4 months;
(6) freezer bottom demersal fishing of shrimp without local landing of catch = CFA 40 000/GRT/year;
(7) bottom longliners = CFA 40 000/GRT/year.
Fishing licence fees for tuna vessels and longliners:
(1) tuna pole-line vessels = CFA 2/kg. caught;
(2) freezer tuna seiner = CFA 7/kg. caught;
(3) surface longliners = CFA 15/kg. caught.
Licence issued after payment of a lump sum = CFA 350 000/ tuna seiner, and CFA 750 000/ surface longliner.
(Council Regulations No. 2296/93 of 22 July 1993 and No. 2212/80 of 27 June 1980)
Agreement between Senegal and Cape Verde of 29 March 1985, renewable
-Fishing access to Senegalese waters under conditions established in protocol of agreement.
-No fees.
Agreement between Senegal and Ivory Coast of 11 June 1979
-Ivory Coast vessels allowed to fish upon payment of fees laid down by national legislation.
-Ivory Coast to allow duty-free imports of fishing products from Senegal, including up to 13 000 tons of sardines per year
-Reciprocal tuna fishing rights (no fees).
Agreement with Nigeria of 8 November 1982, valid for two years, renewable on tacit understanding
-Fees and other payments to be subsequently agreed upon through implementation protocol.
Agreement with Japan, signed 14 October 1991
-Japanese tuna freezer longliners and tuna freezer seiners allowed access to Senegalese waters in return for catch of 2 tuna vessels for Senegalese canneries, and contribution of US$ 7 million for construction of central fish market in
Dakar.
(Source: Infopeche, 16 November 1991; NMFS, 1 November 1991)
LEGISLATION
Fishing only authorized in Senegalese waters for foreign vessels operating under agreements between Senegal and flag states or vessels chartered by processing industries based in Senegal.
(Law No. 87.27 of 18 August 1987 regarding the Marine Fishing Code, art. 24)
AGREEMENTS
Agreement with Gambia of 22 October 1982
Mixed companies must have Gambian or Senegalese founders or founders from a country which has signed a fishing agreement with Senegal and The Gambia.
LEGISLATION
Local fishing vessels defined as one:
(1) at least 51% owned by nationals or owned by companies meeting the following criteria: (a) has registered office in Senegal; (b) Chairman of the board and majority of directors must be nationals; (c) at least 50% of the share capital must be held by nationals; (d) director general or manager must be a national;
(2) crew and officers must all be nationals except where special provisional exemption is granted by the maritime authority in cases where it is impossible to recruit the necessary technicians locally.
(Act No. 62-32 of 22 March 1962. Merchant Shipping Code, as amended by Act No. 73-53 of 4 December 1973, art. 15)

AGREEMENTS
Cape Verdian flag vessel
must be owned at least 51% by Cape Verdian nationals or by a company with at least 51% of capital owned by Cape Verdian nationals and with registered office in Cape Verde, majority of Board of Directors and President to be Cape Verde nationals, as well as ManagingDirector or General Manager.
(Agreement with Cape Verde of 29 March 1985, renewable)
Vessel flying Gambian flag must be registered in Gambia, at least 51% Gambian owned; or owned by Gambia-registered company with registered office in Gambia, President and majority of Board of Directors Gambian nationals, and at least 51% of capital owned by Gambian nationals.
(Agreement with Gambia of 22 October 1982)


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
SENEGAL LEGISLATION
-Licence application contains: technical characteristics of vessel, description of gear, data regarding crew. (Decree, art. 4)
-Licence must be held on board vessel. (Law. art. 19)
-Licence not transferable. (Decree. art. 6)
-Vessels to bear specified identification mark. (Law, art. 13)
-Use of trawlers and seiners weighing more than 1500 GRT is prohibited. (Law. art. 13)
-Technical specification re: authorized fishing gear. (Law. Arts. 3-10)
-Use of explosives, poisons, or other noxious substances is prohibited. (Law art. 11)
-Transhipment prohibited except into Senegalese ports. (Law, art. 13)
-Foreign vessels must land entire catch. (Law. art. 20)
(Law No. 87-27 of 18 August 1979 re: the Marine Fishing Code)
(Decree No. 87-1042 of 18 August implementing the Marine Fishing Code and regarding licence fees)
-Licences for coastal pelagic fishing:
(1) For net sardine fishing vessels - for less than 50 GRT, fishing allowed beyond 3 miles in all Senegalese waters: from 51 to 250 GRT, beyond 3 or 12 miles depending on fishing spot; for over 250 GRT, beyond 6 or 12 miles depending on fishing spot.
(2) For freezer sardine vessels - fishing access allowed beyond 6, 12 or 25 miles depending on fishing spot.
-Licences for high-seas pelagic fishing:
(1) For fresh and freezer tuna vessels - fishing allowed in all Senegalese waters;
(2) For surface longliners - swordfish fishing allowed beyond 12, 15 or 20 miles depending on fishing spot (longliners based in Dakar may fish beyond 6 miles if authorized by Fisheries Minister)
(3) for tuna species - fishing allowed beyond 25, 30 or 50 miles depending on fishing spot.
-Licences for inshore demersal fishing:
(1) Bottom trawlers (wet and freezer)
- for fresh fishing trawlers up to 300 GRT and freezer trawlers up to 250 GRT., fishing allowed beyond 6, 7 or 10 miles; wet trawlers and freezer trawlers more than 250 GRT - fishing allowed beyond 12.11 miles.
- if catch landed and processed or sold in Senegal, these vessels may, upon authorization of Fisheries Minister, be allowed to fish beyond 6 or 10 miles.
(2) Bottom longliners - less than 50 GRT, beyond 12 or 14 miles depending on fishing spot; above 50 GRT, beyond 12, 14 or 20 miles.
-Licences for high sea demersal fishing: trawlers allowed to fish beyond 16, 12, 25 or 35 miles depending on fishing spot.
-Licences for longline and creel fishing: longliners allowed to fish high sea species, and creel fishing vessels allowed to fish red crab beyond 6, 15, 25 or 35 miles, depending on fishing spot.
(Decree No. 90-970 of 5 September 1990. amending No. 87-1045 of 18 August 1987 implementing the Fishing Code and regarding fishing zones)
-Chartered vessels must have tonnage less than 1 500 GRT and must be at least 10 years old.
-Charters are valid for one year, renewable twice.
-Charterer must board at least 1/3 Senegalese crew, including officers.
-Charterer allow Senegalese observer on board.
(Decree 87-1600 of 31 December 1987 setting conditions of chartering of vessels flying foreign flag)
AGREEMENTS
Agreement between Senegal and EEC of 1980 for fishing off the coast of Senegal, with Protocol of implementation valid from 2 October 1992 to 1 October 1994
-Each vessel wishing to fish under the agreement must submit an application, accompanied by a tonnage certificate.
-Licence to be issued following payment of fees.
-Fishing opportunities:
- freezer trawlers landing part of catch in Senegal: shrimp = 4 500/GRT/year; fish and cephalopods = 11 000/GRT/year.
- wet trawlers: fish and cephlopods = 3 250/GRT/year.
- ocean-going wet fish trawlers (demersal) = 6 000/GRT/year.
-In addition, 18 tuna vessels, 48 freezer tuna vessels, and 35 surface longliners are authorized.
-Fishing zones authorized beyond 6, 7, 12, 15, 25, or 35 miles according to species to be caught.
-Landing of catch: for freezer inshore demersal trawlers = 130 kg. of fish and crustaceans per GRT/6 months; for tuna pole-line vessels = not less than 3 500 tons/year; freezer tuna seiners = 12 500 tons/year, shipowners should try to reach a total amount of catch landed = 24 000 tons.
-Longliners and trawlers shall board 33% of Senegalese crew members; for freezer tuna seiner number to de defined.
-Observer required on board of each trawler and longliner over 300 GRT.
-Minimum mesh sizes specified.
(Council Regulations No. 2296/93 of 22 July 1993 and No. 2212/80 of 27 June 1980)
Agreement between Senegal and Ivory Coast of 11 June 1979
-Permits to be granted to 12 fishing vessels (7 trawlers, 5 sardine boats) of less than 1 500 tons each.
-at least 30% crew members must be Senegalese.
Agreement between Senegal Gambia of 22 October 1982, with new protocol of implementation signed on 26 January 1994
-Reciprocal fishing rights set per State and per vessel as follows: trawlers = I 750 GRT; tuna vessels = 600 GRT; sardinella vessels = 500 GRT.
LEGISLATION
-All licensed vessels to keep a logbook containing data about fishing activity. (Art. 12)
-All licensed vessels to submit return of catch in form set out in Annexes of Marine Fishing Code. (Art. 21)
(Law No. 87-27 of 18 August 1987 on Marine Fisheries Code)
AGREEMENTS
Agreement between Senegal and Ivory Coast of 11 June 1979

Ivory Coast authorities must report catch by Ivory Coast vessels to Senegalese authorities.
Agreement between Senegal and EEC of 1980 for fishing off the coast of Senegal, with Protocol of implementation valid from 2 October 1992 to 1 October 1994
Periodical catch statements and radio communications required in prescribed way.
(Council Regulations No. 2296/93 of 22 July 1993 and No. 2212/80 of 27 June 1980)


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
SENEGAL X X X           X   X   X X X X X           XM X1    


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
SENEGAL FCFA 50 000 000 up to 150 000 000; for fishing in contravention of terms of applicable access agreement: FCFA 20 000 000 up to 50000 000, fines are doubled in cases of repeat offenders or flight Up to 3 years Vessel and catch: Court may order.

 


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