ANNEX 3
TEXTS OF FISHERIES-RELATED LEGISLATION(continue)

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Data on Fishing Unit Crew

Data on National Workers Aboard Fishing Unit

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(changes)

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SPLAJ
SECRETARIAT OF MARINE WEALTH (SMW)
SMW DECISION NO. 80 FOR THE YEAR 1991
CONCERNING TECHNICAL INTERPRETATION OF LAW 14 FOR THE YEAR 1989*

After reviewing Law No. 13 for the year 1990 concerning Popular Congresses,

and Law 14 for the year 1989 concerning marine wealth;

and the decision of the General Popular Committee No. 473 for the year 1991 concerning reorganisation of SMW,

and the decision of the General Popular Committee No. 106 for the year 1989 concerning support and encouragement of the marine fisheries,

and the decision of SMW No. 71 for the year 1990 for the issue of Law 14 for the year 1989 concerning utilisation of marine resources,

and the SMW Secretary's decision No. 7 for 1991 concerning reformation of the drafting committee of Law 14 for the year 1989,

and according to discussions during the second SMW meeting for the year 1991 which was held in Sirte 8 June 1991, It is decided:

FIRST CHAPTER
Fishing Gear and Methods

Equipment, tools, and nets that can be used to harvest marine resources including fishing boats and vessels.

First section: Boats and fishing vessels and their technical characteristics.

Second section: Gear and equipment permitted for fishing.

Third section: Types and specification of fishing nets.

First Section
Boats and fishing vessels and their technical characteristics.

Item 1 Fishing craft: These are craft licensed to harvest marine resources.

Item 2 The name and registration number of fishing craft should be written in black on white background.

1. Vessels of more than 20 t capacity in letters of 450mm by 60mm.
2. Vessels of less than 20 t capacity in letters of 250mm by 40 mm.

Item 3 Fishing craft are classified into:

1st) Coastal fishing boats, including:

1. Small fishing boats: 4–9 m long and used on fishing trips of no more than one day.
2. Medium fishing boats: 10–14 m long and used on fishing trips no more than 3 days
3. Large fishing boats: 15–18 m long and used on fishing trips no more than 7 days.

2nd) Fishing vessels: All fishing vessels using various methods, equipped with fish preservation facilities and suitable for long off shore fishing trips

Item 4 Fishing boats and vessels should conform to the following:

1. Fly the Libyan flag.
2. Fly a reflective flag, especially during night operations.
3. Have a valid marine license.
4. Crew must have a valid fishing licenses.
5. Crew must not exceed registered number on license, and each crew member must have a life jackets.
6. Have navigation lights and signals
7. For night fishing, have a searchlight
8. Have a manual or electric alarm system
9. Have side-rails for crew protection
10. Have wood, rubber or steel fenders for craft external protection.
11. Have waterproof doors and windows.
12. Be equipped with proper tools for damage assessment and repairs.
13. Be equipped with anchors, ropes and chains.
14. Be equipped with first-aid kits and water tank.
15. Carry a HF radio with reasonable range for communication with harbours, landing sites, and other boats.
16. Carry fishing buoys and signs suitable for the fishing method being used.

Item 5 In addition to the articles of Item 4, fishing craft should be supplied with the following tools and equipment;

1st) Small fishing boats.

1. An anchor > 20 kg, a chain or rope of > 8 mm diameter and > 80 m long.
2. Good quality rope of > 14 mm diameter and > 40 m in length.
3. Bailing equipment and oars.
4. A torch.

2nd) Medium fishing boats.

1. Two anchors > 60 kg each and a chain of 11 mm diameter and > 100 m.
2. Good rope of 18 mm diameter and 80 m long.
3. Two life rafts.
4. Echosounder of up to 300 m deep.
5. Calibrated compass.
6. Two carbon dioxide fire extinguishers of 30 kg each.
7. Manual bailing pump, oars and sail.
8. A torch.

3rd) Large fishing boats.

1. Two anchors > 80 kg each with a chain of 11 mm diameter and 120 m long.
2. Good rope of 20 mm diameter and > 120 m long.
3. Three life rafts.
4. A life boat fully equipped for no less than 6 persons.
5. Three carbon dioxide fire extinguishers of 30 kg each.
6. A safety valve to close fuel tank pipes.
7. All fuel and water tanks supplied with ventilation holes
8. Echosounder of up to 400 m deep.
9. An emergency flash.
10. A calibrated compass.
11. A bailing pump connected to the engine.
12. Necessary spare parts for engine.

4th) Fishing vessels

1. Two anchors >140 kg each with a chain of 14 mm diameter and 170 m long.
2. Good rope of 22 mm diameter and >200 m long.
3. Two life boats fully equipped for no less than 6 persons
4. Five life rafts.
5. Three carbon dioxide fire extinguishers of 30 kg each, and 4 powder fire extinguishers of 90 litre each.
6. Electric fire pump of >35 cubic metre.
7. A safety valve to close fuel tank pipes, and all fuel and water tanks supplied with ventilation holes.
8. Echosounder of up to 500 m deep.
9. Two emergency flashes and a generator.
10. Necessary spare parts for engine.
11. Navigation maps.
12. It is preferable to supply fishing vessel with:
    1. Internal communication system.
    2. Emergency radio system (SSB).
    3. Radar of > 50 nm range.
    4. Calibrated magnetic campus.
    5. Signal gun.

Second Section
Gear and equipment permitted for fishing

Item: 6 Only legal gear and equipment can be used for the various fishing methods.

Item: 7 It is absolutely prohibited to fish with/by:

1. Weapons.
2. Explosives and poisonous substances.
3. Chemical substances.
4. Canals to lead fish to nets.
5. Scaring fish into nets or making water turbid in order to fish.
6. Sponge fishing by trawling
7. Any method or means which may harm marine organisms and habitats.

Item 8 In light fishing (lampara), it is not allowed to use generators producing >35 volts.

Item 9 Light intensity should not exceed 2500 watt for lampara fishing.

Item 10 Lampara fishing is prohibited in areas <30 meters deep.

Item 11 A reasonable distance should be kept between different gear settings in the sea in order to allow efficient fishing.

Item 12 Longlines should be provided with yellow floats or marks with a distance of no less than 200 m apart, and these marks should be visible from a distance no less than one half nm.

Item 13 It is prohibited to dump nets and fishing gear in the sea, and the authorities should be informed about gear losses and their locations.

Item 14 Personnel appointed by SMW shall inspect fishing gear used by boats and vessels and check their specifications.

Item 15 All illegal tools, gear, equipment and nets will be confiscated by SMW and the Secretary will decide on the disposition of seized gear for use in research and scientific purposes.

Third Section:
Types and specifications of fishing nets.

Item 16 Fishing nets should have the specifications described in this section.

Item 17 Mesh measurements shall done with wet and stretched nets.

Item 18 Fishing nets are classified into the following:

1. Various gill nets
2. Surrounding nets
3. Trawling nets
4. Fixed nets

Net details are given in the table at the end of this chapter.

Item 19 Gill nets vary with different target species. There are two types of nets:

1. Single layer gill nets
2. Three layer gill nets (trammel net).

Item 20 Gill net meshes should be >25 mm, except barracuda and needle fish nets.

Item 21 It is not allowed to set nets less than one nautical mile from the coastline.

Item 22 Set nets should provided with yellow floats fixed at intervals of no less than 200m. The floats should be Visible from a distance of at least. 5 nautical mile.

Item 23 Purse seine (surrrounding nets) should be no less than 10 mm at the bag, and have a length range of 250 – 500m.

Item 24 Use of purse seine is prohibited in areas less than 3 nautical miles from the coast.

Item 25 Trawl nets are nets used to catch demersal fish, crustaceans, and cephalopods, towed by one or more vessels. These nets can be used on the bottom or in mid-water.

Item 26 It is prohibited to use trawl nets of less than 30 mm mesh size at the codend, or to keep such nets onboard.

Item 27 Trawling speed should not exceed 5 knots/hour.

Item 28 Trawl fishing is not allowed in waters within 3 nm from the coast or in depths less than 50 m.

Item 29 Fixed nets (tonnara) are nets which are set in the passage route of migratory fish (tuna), at certain sites and depths and divided into different compartments.

Item 30 Tonnaras nets of less than 30 mm for each side of the mesh panel are not allowed [i.e. of <60 mm stretched mesh size].

Nets and their Specifications

SECOND CHAPTER
Legal Size of Fish and Marine Organisms

Item 31 It is prohibited to fish during breeding seasons of fish and marine organisms, as will be determined by the SMW.

Item 32 An exception can be made by SMW to catch the larvae of fish and marine organisms for research and aquaculture purposes.

Item 33 In order to protect fish and crustacea larvae and breeding stocks, it is not allowed to fish in deltas and natural or artificial passages to the sea within a radius of 200 m, nor in gulfs and lagoons connected to the sea. Clear signs should be placed to mark such areas.

Item 34 Fish, crustaceans, and molluscs with lengths and weights smaller than is shown in the table at the end of this chapter should be returned to sea alive or dead. Gravid shrimp should also be returned to the sea.

Item 35 Measurement of total length of fish is from the tip of the head to the tip of the longest lobe of the tail. For shrimp, it is from the eye to the furthest point of the back of the specimen.

Item 36 Each fishing craft should submit information about the fishing ground, the catch, and fishing methods by filling in the the forms provided by SMW for this purpose, as attached to this chapter.

Item 37 MBRC will provide advice and consultation concerning fishing gear used and should submit suggestions to SMW concerning the improvement or banning such fishing gear to enable SMW to issue regulations for protection and better utilisation of marine wealth.

Item 38 SMW will make decisions to permit or ban fishing of certain species in certain areas or seasons in order to protect marine resources.

Item 39 SMW will make decisions concerning permitted use, banned use, or temporary use of any methods, tools, or equipment to fish or harvest marine resources including gear, nets, and fishing boats and vessels.

Form 1.
Trawling

Form 2.
Coastal Fishing

Commercial fish and marine organisms and their fishable sizes and breeding seasons.

THIRD CHAPTER
Marine Products Handling

DEFINITIONS:

1) Fresh fish (chilled). These are fish kept fresh through chilling by crushed ice from the moment they are caught, to keep them at temperatures ranging between 0° and 5° C. They can be kept fresh in this way from 5 to 7 days. Characteristics of fresh chilled fish are:

1. Stiff body with scales intact.
2. Shiny eyes.
3. Gills shiny and red in colour.
4. No mucus or undesirable odour.

2) Frozen fish. These are fish which are frozen whilst they are fresh and in good condition, by fast-freezing methods. The freezing temperatures are related to the size and type of fish. The freezing temperature should at least-35°C and keeping temperature at least-20°C.

1st: Marine Product Handling Onboard.

Item 40 Fishers should take all precautions in order to guarantee the proper care of products from the time of catch to the time of marketing.

Item 41 In order to get a fishing trip permit, boats are required to carry a supply of crushed ice or to be carry chilling equipment.

Item 42 Fishing craft should be provided with handling and sorting equipment and these items should be cleaned, along with the boat itself, at the end of each fishing trip.

Item 43 All fishers should carry out the following:

1. Sort and clean fish by seawater after catching, and chill onboard. For cartilagenous fishes, removal of head and bleeding,
2. Isolate venomous fishes which might be within the catch, and removal of poisonous spines before chilling and marketing.

Item 44 Fishers are not allowed to collect and sell dead or sick fish encountered during their fishing trips, and they should inform authorities about such cases.

2nd: Marine Product Handling At Fishing Harbours.

Item 45 Fish should be transported and distributed from fishing harbours to markets in refrigerated vehicles made especially for this purpose, using special boxes and crushed ice. After being placed in boxes and covered with ice, the fish should be covered with wet burlap material.

Item 46 When fish is being sold, the following measures should be carried out.

1. Fish should be sorted according to species, size, and grade.
2. Fish should be kept in clean boxes chilled with ice and covered with wet burlap.
3. Frozen and chilled fish should never be mixed together for sale.
4. Fish should never be sold in public streets directly exposed to sun, dirt, and sand.
5. All fish markets and shops, fish display boxes and refrigerated cabinets, and scales (balances) should be kept in a clean condition. Leftover fish and fish offal should be disposed of as soon as possible and never be left in refrigerators or in the selling area. Cleaning operations should be done with the use of disinfectants.

3rd: Procedures to be followed during fish canning.

Item 47 Tuna, sardine, and mackerel should conform to the following requirements to be suitable for canning:

1. Fish should be fresh or frozen. Fresh fish should have the following characteristics: Stiff body with scales intact; shiny eyes; gills shiny and red in colour; no mucus or undesirable odour.
2. Sardine and mackerel should be gutted, with head and tail removed, and be perfectly clean before being canned.
3. In case frozen fish is used for canning, it must have been frozen and stored in good conditions so as to maintain its original quality [as indicated for fresh fish in point (1) above].
4. Internal temperature of frozen fish used for canning purposes should be at least-18°C at the point of release from storage.

Item 48 The percentage of heavy elements in processed fish should not exceed the Libyan standards, especially for mercury, cadmium, lead, and zinc.

Item 49 Histamine in final product of canned tuna and sardine should not exceed 10%/mg.

Item 50 Tuna, sardine, and mackerel can be used with the following canning media:

1. Olive oil.
2. Other edible vegetable oil except soya oil or mixture not containing olive oil.
3. Brine prepared from potable water.
4. Tomato sauce with the percentage of solid material no less than 10%.

Item 51 Specifications for tins used for sardine, mackerel, and tuna canning.

1. The tins should be well sealed to maintain quality
2. Cans should have no mechanical defects, rust, or corrosion.
3. The can sheet metal should conform to Libyan specifications for such material.
4. The cans should be lined on the inside with a suitable coating to guarantee product quality.
5. The thickness of can solder inner layer should be appropriate for the type of can.
6. Can internal pressure should be less than atmospheric pressure at room temperature.

Item 52 Can labels should follow the Libyan specifications (No. 53) for can labelling, and should include information on can manufacture and expiry date and lot number.

Item 53 Preparation and processing of canned products should be according to the Libyan and Arabian specifications for general procedures on food hygiene.

Item 54 The final canned product should be free of harmful microbes and toxins produced by them or by any other sources.

FOURTH CHAPTER
Aquaculture

Item 55 Aquaculture is a technique for breeding and rearing of aquatic organisms under controlled conditions, areas, and time periods, for purposes of production and scientific research.

Item 56 Aquafarming activities can be conducted by the following methods:

1. Extensive: use of large water areas, natural feed.
2. Semi-intensive: use of reservoirs and lagoons, and application of fertilizers to increase natural feed quantity.
3. Intensive: use of artificial ponds/enclosures, and total dependence on fertilizer and artificial feed.

Item 57 It is required to have a permission issued by the SMW authorities to establish an aquaculture activity, and to submit all information concerning site, type of unit and animal to be raised.

Item 58 A technical committee from MBRC and the General Aquaculture Development Authority should be set up to study all applications submitted by companies, partnerships, and individuals for establishing fish farms, and to monitor this activity and provide advice.

Item 59 It is prohibited to transport fries in vehicles other than ones specially designed for this purpose.

Item 60 All imported fingerlings should be carefully inspected and proved to be free of any kind of disease, parasite, or virus. Any infected animals will be kept in quarantine.

Item 61 All aquaculture farms should be regularly inspected for parasites or viruses that can cause the spread of diseases inside the farm or to nearby farms.

Item 62 All fries that are proved to be infected by disease should be isolated in special tanks and kept in quarantine until two months after disease disappearance.

Item 63 It is allowed for all MBRC researchers and GADA engineers to visit and conduct experiments on all aquaculture farms belonging to the state or private sector.

FIFTH CHAPTER
Sponge Utilisation

First Section
Regulations for sponge harvesting

Item 64 It is allowed to harvest the various sponges available in Libyan waters according to rules and regulations appearing in this section.

Item 65 It is prohibited to trawl for sponges for any purpose or at any time.

Item 66 Sponge quality is determined by the following characteristics:

1. Softness.
2. Absorption capabilities.
3. Strength and force of tension.
4. Elasticity and springiness

Item 67 In order for a sponge to be first grade, it should fulfill the following conditions:

1. Presence of small pores.
2. Homogeneous thin fibres.
3. Tissues of similar structure.
4. Few foreign substances in the skeleton.

Item 68 It is allowed to harvest sponges during the period from from the first of June to the end of October. It is prohibited to harvest sponges during the breeding season, from the end of November to the end of April. The Captain of the vessel will be held fully responsible for any violations of this regulation.

Item 69 The minimum harvestable size of sponges is as shown below.

It is totally forbidden to harvest sponges less than the above mentioned sizes.

Item 70 Sponge harvesting units should operate only in permitted areas. The Captain is held fully responsible for this.

Item 71 Before leaving harbour, the Captain of any sponge harvesting unit shall inform authorities concerning crew details and the intended harvesting area.

Item 72 On arrival from a harvesting trip the Captain should submit information regarding the types and quantities of sponges harvested and any other pertinent information about the harvesting area to the SMW office at the harbour.

Second Section
Specifications for sponge harvesting units and crew

Item 73 Specifications for unit.

1. Fly the Libyan flag on the appropriate mast.
2. Fly a reflective flag, especially during night operations.
3. The name, number, harbour of registry, and the sponge harvesting unit designation should be clearly written on the front side.
4. Have a valid marine license.
5. Have a crew with valid licenses.
6. Have safety and protection aids according to the crew number, including life jackets and life rafts.
7. Have appropriate anchors and ropes.
8. Carry equipment and utilities needed by divers.
9. Have trained people amongst the crew to operate the diving equipment and utilities.
10. Be provided with first-aid kits and medical equipment including a decompression chamber.
11. Captain should be well trained and qualified to carry out first aid especially in cases of the bends and should hold the appropriate certificate for this.
12. Have an echo sounder to measure depth and bottom type.

Item 74 Coriditions and regulations for conducting harvesting work.

1. Divers must be between the ages of no less than 18 years and no more than 60 years and cannot be entered into the divers registry if less than 21 years old.
2. Divers must have received training and a certificate qualifyng them to carry out work at the depths specified in the licenses which they must hold.
3. They should receive a routine medical check-up every 3 months.
4. A medical check-up should be conducted on the diver before a diving operation.
5. The Captain must restrict operations to the internationally recognised maximum for permitted daily total diving hours and he should ensure that divers follow the proper methods and timing in decending and ascending.
6. There must be at least one person amongst the crew of the unit well trained to operate and maintain the diving equipment.
7. There must be a method of communication between the Captain and the diver carrying out work on the bottom.
8. The Captain should ensure that the diver is well equipped before making a dive, and should inform the diver of the regulations to be followed in each site.
9. The diver is not allowed to dive twice in a row and should restrict himself to the daily diving hours, depending on the working depth.
10. Divers should be given two full days off for every six working days.

SIXTH CHAPTER
Marine Reserves

Item 75 The marine reserve is a marine locality with a fixed area and dimensions, having several ecological or physical characteristics, enjoying protection by the laws issued in its concern and serving scientific or economic purposes.

Item 76 The following measures should be implemented to protect the marine reserve:

1. Prohibition of dumping of garbage and or substances which may harm nature and life in this area.
2. Regulation of passage and moorage of boats and vessels in the area.
3. Prohibition of any activity which may change the marine ecosystem of the area is not allowed.
4. Creation of favorable ecological conditions for marine life to grow and reproduce, and for protection of endangered species.
5. Prohibition of of marine animals or plants unless with a written permition from MBRG.

Item 77 MBRC will have the scientific supervision of She marine reserves that are established by SMW, will take all the measures indicated to preserve the marine ecosystem of these areas, and will specifically do the following:

1. Put plans and programmes in place to ensure the continuation of the marine reserves and to meet their objectives.
2. Supply information and issue scientific periodicals about marine reserves activities.
3. Provide national and international announcements of the marine reserves in Libya.
4. Encourage scientific studies inside marine reserves and take all measures to protect their marine life.
5. Put plans and programs in place to protect some marine organisms from extinction and take needed actions for their reproduction and growth by collaboration with national and international organisations.
6. Control dangers which may threaten the marine reserve, especially from nearby sources of pollution.
7. Control the reserves and never allow fishing within their areas.
8. Conduct periodic examinations on the reserve to check growth and reproduction rates of the marine organisms.

Item 78 These rules are valid from 1/1/1992 and should be published in the official journal.

Issued 9/6/1991

SMW

* Unofficial, indicative English translation by Project team from the original Arabic text.

SPLAJ
GENERAL PEOPLE'S CONGRESS
LAW NO. 23 OF 1991
CONCERNING FISHERY CO-OPERATIVES*

Section 1
General Rules
Items 1 – 5

Co-op identification • naming conditions • announcement • processing of applications, determination of geographical area of operation, conditions required for membership (Libyan nationality, owner of a registered fishing craft, resident of area, only one co-op membership per person).

Section 2
Co-operative Establishment
Items 6 – 7

Charter members defined • charter document contents • share provisions • bank accounts

Section 3
Co-operative Organisation
Items 8 – 9

Management procedures and structure • membership • capital • finance • administration committees • meetings • etc.

Section 4
Co-operative Field of Activities
Items 10 – 11

All activities concerned with marine sector services and economic and social support required by members • help in craft acquisition • assistance in obtaining credit • supply of fishing gear in easiest and cheapest ways • assistance with product marketing • implementation of general policy for marine sector • supply of production and marketing statistics • ownership or renting of land, shops, storage areas, workshops required for member activity • implementation and management of aquaculture projects.

Section 5
Co-operative Administration

Subsection 1
General assembly
Items 12 – 23

Identification of general assembly • annual meeting announcements and procedures • reports on proceedings.

Subsection 2
Administration committee
Items 24 – 33

Composition of committee • selection procedures • conditions for membership • committee terms of reference • conduct of committee members • etc.

Section 6
Finances
Items 34 – 45

Capital composition includes shares paid by members • other sources of funds include returns from co-op projects, support from Government and other institutions, credit from national institutions and banks, 2% fee on credit to members arranged through co-op, 2% of member production value • status of co-op property under law • annual budgets • banking, accounting procedures • etc.

Section 7
Co-operative Exemptions
and Advantages Items 46 – 47

Co-ops exempted from taxes and duties related to: registration and licensing • real estate • revenue (stamp) tax • income tax • municipal fees • importation of equipment and gear.

Co-op advantages include: 5000 LD grant from SMW upon announcement of establishment • priority in all dealings with Government institutions and banks in acquiring loans, buildings, land necessary to carry out co-op activities.

Section 8
Co-operative Supervision
Items 48 – 50

SMW right to inspect all co-op financial and administrative activities • SMW right to intercede to stop wrongful practices.

Section 9
Co-operative Closure
Items 51 – 54

Closure procedures by decision of general assembly, by expiry of charter, by merger with another co-op • procedures subject to SMW approval • circumstances under which SMW can issue closure directive

Section 10
Penalties
Items 55 – 56

Specifies jail sentences and fines for financial, administrative misconduct as defined this Law.

Section 11
Previous Legislation
Items 57 – 60

Establishes primacy this Law over laws previously in force • co-ops established under previous legislation should be reestablished in accordance current law. • Law 67 of 1976 annulled.

*Unofficial and partial summary English translation by Project team from the original Arabic text.

SMW DECISION NO. 7 OF 1992
CONCERNING ISSUE OF IMPLEMENTATION RULES OF LAW 23 OF 1991*

Section 1
Co-operative Establishment and Required Document Anouncement
Item 1

Minimum 20 members required • all should be fully engaged in fishing and all should own a licensed boat.

Item 2

Co-op announcement application procedures • copies of charter and internal organization documents signed by members • bank deposit receipts for members' shares • list of all members and number of shares held • proof all members participate in fishers nakhaba (associations) • signed declaration that no membership other fishing co-op • copy of boat ownership certificate.

Item 3 – 4

Concerned with reviewing and processing the above mentioned documents in different SMW departments • acceptance or refusal of application.

Item 5

Co-op charter document contents • date, place of issue • name of co-op, purpose and area of work • capital and share value • name of each member, place of residence and occupation.

Item 6 – 8

Concerns re-announcement of co-ops established before Law 23/91.

Section 2
Membership Conditions and Reasons for Withdrawal
Item 9

Conditions for membership in fishing co-op • carry Libyan nationality • written acceptance of the co-op organization and share payment arrangements • active in fishing as ‘main job’ • resident in same area of co-op operations • acceptance by general assembly of co-op • no membership other fishing co-op • membership in local fishing nakhaba.

Item 10 – 14

Circumstances for withdrawal of membership • voluntary • failure to abide by conditions • arrangements for reimbursement if eligible • etc.

Section 3
Co-operative Administration Committee
Item 15 – 25

General assembly meetings • duties and obligations • selection of committee • internal organisation • adminstrative procedures • etc.

Section 4
Co-operative Financial Organization
Item 26 – 29

Establishes share value at 10 LD per share • limit on share ownership any one member not more than 20% total shares at time of announcement • accounting procedures, bookkeeping • insurance against theft, dishonesty, fire, other.

Section 5
Co-operative Closure

Specifies conditions under which co-operatives can be closed through expiry of charter, merger with another co-operative, or through SMW order.

* Unofficial and partial summary English translation by Project team from the original Arabic text.

S.P.L.A.J
GENERAL SECRETARIAT OF MARINE WEALTH
DECISION NO. 106 FOR THE YEAR 1989
CONCERNING SUBSIDY & ENCOURAGEMENT TO MARINE FISHERIES*

Item 1

Parties in field of marine fisheries and aquaculture to benefit from this decision • marine fisheries co-operatives • tasharukiat (business partnerships) • parties working in aquaculture as residents in Libya and members of co-operatives • State fishery companies with headquarters in Libya.

Item 2

SMW body responsible for issuing subsidies through means specified in following items, using money allocated in its budget for this reason.

Item 3

SMW participation in purchase of fishing vessels and boats, new engines, and gear, equipment for fishing and aquaculture according to % mentioned in Tables 1 and 2 (see annex).

Item 4

SMW may decide to offer loans fisheries co-operatives, national companies, tasharukiat • may also offer monetary assistance in case emergency.

Item 5

SMW regional offices and co-op adminatrative personnel will confer on purchase value and then decide on amount of assistance either as loan or subsidy.

Item 6

Loan repayment schedule according to periods specified in Tables 1 and 2 (see annex).

Item 7

SMW will transfer the funds for credit allocated in its budget to special account in the Development Bank which will serve as an agency on its behalf to carry out all required procedures.

Item 8

Loan collateral is the fishing craft being purchased.

Item 9

Purchase assistance arrangements do not apply for craft more than 3 years; priority given for newest craft.

Items 10 – 12

SMW ‘subsidy committee’ to examine and process all papers, vessel specifications, etc.

Item 13

Craft purchased with assistance not to be rented, sold, transferred to others before 5 years from date of purchase, and with permisssion regional SMW offices.

Item 14

SMW can decide after proposal regional office to give incentives to co-op members who surpass average co-operative productivity levels by 15%. SMW may also provide compensation to co-op members who have suffered losses due to natural causes.

Item 15 – 18

Social security fund to be established at all regional SMW offices • procedures for administration • uses to help in cases of temparary illness amongst fishers, craft wreck or loss, working accidents • source of funds through membership fees, l%fee on loans given to fishers, co-operatives, SMW, other.

Items 19 – 22

SMW subsidies for fresh fish marketing costs, rates shown Table 3 (see annex) • Procedures to follow in qualifying for subsidies for marketing facilities.

Item 23

Earlier decision of Congress of Ministers for subsidy and encouragement to the fisheries issued 20/10/1976 is voided.

Item 24

This decision is valid from issue date and publication in the official journal.

General People's Committee

Date : 19/1/89

Table 1. ‘Percentage of credit share for fishing craft and engine purchase’

Table 2. ‘Percentage of subsidy for fishing gear and spare parts’

Table 3. ‘Percentage of subsidy in fresh fish marketing’

* Unofficial and partial summary English translation by Project team from the original Arabic text.

SPLAJ
GENERAL PEOPLE'S CONGRESS
LAW NO. 9 OF 1985
CONCERNING TASHARUKIAT ESTABLISHMENT RULES*

This law is issued by the General People's Congress according to the decision of General People's Committees in the third regular meeting for the year 1985.

Item 1

Each Libyan national has right to engage in productive activties • industry, agriculture, other productive vocational work • on own or in partnership with others through tasharukiat • decision by the General People's Committee will be issued specifying activities according to the recomendations of specialised secretariats.

Item 2

Productive activities defined • manufacture of new products, maintenance or repair.

Items 3 – 5

Each person establishing tasharukia must work on own or with a familly member or in partnership with another • no ‘owners’ of such activity • no hiring of labour allowed • all partners responsible for tasharukia duties.

Items 6 – 7

Legal form of tasharukiat and responsibility of partners to be established by charter document • Capital formation through members' shares, revenue earned from activities, credit.

Item 8

Tasharukiat licensing by specialised authorities in local areas.

Item 9

Subsidies & credit and examption may be given to tasharukiat according to regulation and legislation in force.

Item 10

Local authorities may specify location of tasharukiat.

Item 11

Local authorities empowered in accordance all laws and regulations in force to control and inspect tasharukia activity, ensure that all members are productive, and offer assistance and help in solving any tasharukia problems.

Item 12

General People's Committees should issue complementary rules according to recomendations by specialised secretariats showing conditions required to establish tasharukiat, maximum and minimum number of members, other rules.

Item 13

Concerning penalties for those who violate this law and its imlementation rules.

Item 14

Law will be in force from date of issue and publication in official gazette.

* Unofficial and partial summary English translation by Project team from the original Arabic text.