LIBYAN ARAB JAMAHIRIYA
LIBYAN ARAB JAMAHIRIYA
After reviewing Law No. 9 for the year 1984 concerning the organisation of Popular Congresses;
and Libyan Marine Law,
and Law No. 12 for the year 1959 concerning sponge fishing;
and Law No. 8 for the year 1962 concerning regulation of fishing;
and in accordance with the decision of the Basic Popular Conferences in their second meeting for the year 1988, as endorsed by the General Popular Committee in its fifteenth meeting held from 2–9 March 1989…
FIRST SECTION: GENERAL ISSUES
Utilisation of marine wealth means by this law: discovery, utilisation, preservation and management of living resources within the sea or on or beneath the floor of the sea lying in Libyan territory.
The Libyan specialised authorities have the right to check and inspect foreign fishing vessels which may be present in Libyan waters. If such vessels are found to be fishing or conducting research without permission, or to be polluting the area, they together with their crew shall be compelled to enter the closest Libyan harbour to be held in custody while legal proceedings are carried out.
No one is permitted to search for or to utilise marine wealth for any commercial purposes without a license from the concerned authorities. Foreign vessels are not permitted to search for or to utilise marine wealth except through an agreement with Libya and with a license from SMW.
SMW has the right to prohibit fishing in certain areas considered as reserves for scientific or economic purposes, and can prohibit harvest of ceratin species in certain areas and seasons.
Fish landing sites are determined by a decision from SMW, indicating the following:
-Name of site.
-Location and boundaries.
-Type and characteristics of fishing craft which can be accomodated.
-Fees charged per craft.
SECOND SECTION: LICENSING PROCEDURE
Registration and inspection of fishing craft shall be conducted only by the SMW. Fishing licenses will not be issued unless inspection and registration requirements are fulfilled.
License application forms should be submitted to SMW Registration and Licensing Office in the area, and the applicant should be of an Arab nationality and meet the requirements specified in the technical explanation of this law.
License and registration fees are determined by SMW decision.
A single license shall be issued per craft, showing the maximum number of crew needed for operation.
Craft to be licensed should have:
- Certificate of seaworthiness and availability of spare parts.
- Proof of medical fitness for all crew
- Full insurance with any Libyan company.
- Safety and rescue equipment.
Licenses are issued according to fishing specialisation and have a validity of three years. Licenses should renewed upon submission of a request one month before expiry.
The SMW shall issue decisions to regulate fishing seasons, areas and methods of fishing.
THIRD SECTION: LICENSING FOREIGN VESSELS
Conditions for licensing foreign fishing craft:
Foreign fishing craft and their crew should obey all Libyan laws concerning the entry and exit of foreigners. Vessels are not allowed to leave the permitted fishing area unless they have acquired written permission from the SMW to do so.
FOURTH SECTION: FISHING CONDITIONS AND REGULATIONS
It is prohibited to fish in the areas mentioned under Item One of this law by the use of explosives, toxic substances, anaesthetics, or any substances which may harm general health or the growth and reproduction of marine organisms, or by any other method which may harm marine organisms.
SMW is authorised to issue regulations for the contol of the following:
FIFTH SECTION: MARINE CREW
Each craft should have a captain whose qualifications and duties will be described in the technical regulations of this law.
The SMW office in each municipality shall help resolve any local fishing disputes. If such disputes cannot be resolved within one week, they should be submitted to the specialised court for hearing and settlement.
The captain should inform SMW as soon as possible of any accidents and damages which may happen to his fishing craft in order that the appropriate procedures may be taken.
If any of the crew dies, the captain should deliver the corpse to the nearest harbour authority and submit a detailed report about the circumstances. The specialised authority shall hold the boat in custody until appropriate investigations are carried out,
SIXTH SECTION: PUNISHMENTS
Twenty first item:
Any person who provides assistance or supplies to any foreign fishing boat or vessel entering the regional waters of the Jamahiriya shall be subject to a jail sentence of not less than 6 months and not more than 2 years, and a fine of not less than 2000 dinars and not more than 5000 dinars, either or both, and the court shall confiscate the vessel, gear, fish, and any other marine products found in the vessel. In case of a repeat offense, penalties will be doubled.
Twenty second item
Any person who provides assistance or supplies to any foreign fishing boat or vessel fishing without a proper license in waters under Libyan jurisdiction shall be subject to a fine of not less than 5000 dinars and not more than 10,000 dinars, and confiscation of fishing gear and navigation equipment, fish, sponges, and any other marine products. In the case of a repeat offense, the court will confiscate the boat or vessel.
Twenty third item
Anyone violating the Third, Fourth, Thirteenth, and Nineteenth items of this law will be sentenced to not less than one month and not more than 6 months in jail and fined not less than 500 dinars and not more than 2000 dinars, either or both.
Twenty fourth item
Anyone violating the Fifteenth item of this law will be subject to a jail sentence of not less than two years and a fine of not less than 5000 dinars and not more than 10,000 dinars. Furthermore, the court may at its discretion confiscate the fishing craft and its gear and equipment.
Twenty fifth item
In case of a craft owner being guilty of a violation under this law, the court may withdraw the craft fishing license for no more than a year, and the specialised authority will keep the craft in custody for the equivalent period.
Twenty sixth item
With the agreement of the General Popular Committee, the SMW can assign legal officers belonging to the marine wealth to implement this law and its by-laws. SMW may allocate money to any person who may assist in the detection of any violations of this law.
Twenty seventh item
SMW will issue the appropriate decisions and rules to implement this law.
Twenty eighth item
Law No. 12 of the year 1959 concerning sponge fishing, and Law No. 8 of the year 1962 concerning fishing regulations, are hereby voided.
Twenty ninth item
This law is valid from the time of its issue and publication in the official gazette and other media.
|General People's Conference||3/6/1989|
* Unofficial, indicative English translation by Project team from the original Arabic text.
SMW DECISION NO. 71 OF 1990
Item 1 Each party (individual or company) carrying Arab nationality wishing to utilise or to conduct research on or management of the living resources in the Libyan national waters, should have a license issued by SMW.
Item 2 The following government agencies have the right to stop any foreign craft inside Libyan national waters for inspection:
Item 3 If foreign craft are found through inspection to have been engaged in any fishing or research activities on living resources without having the written permission of the SMW, or are found to have caused any kind of pollution, any of the government agencies mentioned in Item (2) have the right to bring such craft to the nearest harbour or anchorage.
Item 4 The government agency or individual responsible for stopping a craft should prepare a report giving particulars on the matter, including date and place of stopping, name, registration number and harbour, names and nationalities of captain and crew, and nature of violation.
Item 5 The inspection agency should submit the report to the SMW or the SMW office in the harbour where the vessel is brought within 24 hours of the arrest. The original report should be sent to the public prosecutor for action.
Item 6 SMW should assign a committee to prepare an inventory the craft and its belongings, equipment, tools, and catch.
Item 7 No fishing with any kind of equipment is allowed in areas considered as reserves for scientific purposes. Such areas will be established by SMW decision in accordance with recommendations by the Marine Biology Research Centre (MBRC).
Item 8 Areas where water depth is less than 50 m, or areas lying within 3 miles of the coast, whichever applies, are considered commercially restricted areas, and no trawling is allowed in such areas under any conditions.
Item 9 SMW is the only government body responsible for establishing fish landing sites, and will do so according to recommendations of its offices in any particular area, taking in consideration the need, its population density, and the suitability of sites. The decision establishing a landing site should make reference to the following:
Item 10 Fishing craft registered at one landing site should not be changed to another landing site before taking permission from the SMW office in the area to be transferred from as well as the SMW office in the area to be transferred to.
Item 11 Owners of fishing craft are not allowed to land their catches outside of their registration site or to transfer catches to another craft at sea, except in case of emergency or with the writtem permission from SMW or SMW offices.
License Processing Routine
Item 12 ‘Registration and Licensing Offices’ shall be established by the SMW in certain regions or municipalities and shall have the authority to receive and study fishing craft license applications and review them to ensure that necessary documents are complete.
Item 13 Applications for registration and inspection should be submitted using Form No. 1 (see Annex) and be accompanied by all original documents required by the local Registration and Licensing Office.
Item 14 Each Registration and Licensing Office shall register all applications in a special book by serial number according to the date received, and shall issue a receipt containing the following information.
- Name and address of applicant.
- Serial number of application and date of receipt.
- Name of craft to be registered or inspected.
- Name and signature of officers receiving the application.
Item 15 Appropriately qualified officers from local Registration and Licensing Offices or other officers assigned by the SMW should inspect the fishing craft to be licensed and establish their suitability. Each inspection should cover the following points:
After completing their checks the inspectors should fill out Form 2 (see Annex) and submit it to the head office in order to obtain the license.
Item 16 Registration and Licensing Offices and harbour administrations should prepare a master book for recording the registration of each fishing craft that has been inspected and given a license. Each craft should be recorded on a separate page, with the following points being noted:
Item 17 Craft registration should take place within 15 days from completion of building or change of ownership or date of arrival from abroad. In the case of craft built abroad, the Libyan flag can be carried before registration procedures are completed, if permission to do so is granted by the Libyan embassy in the country of manufacture or purchase, using Form No. 3 (see Annex).
Item 18 In case of change of ownership, the new owner should apply to the SMW office in the harbour of registration for an ownership transfer and any other change that may be required. No ownership change can take place without SMW permission.
Item 19 New ownership shall be recorded on a new page opened in master book at the harbour of registration and all information should be transferred from the old registration page, which shall then be cancelled.
Item 20 In case of fire, wreck, or sale of craft to a foreigner, the owner should return the ownership documents to the local Registration and Licensing Office for cancellation from the harbour registration book. This should be done within 15 days of the accident or sale.
Item 21 Every craft that is not registered will be detained in the first harbour it enters, or if stopped at sea will be transferred to the nearest harbour. A report should be written on the case. No. release will take a place until the owner completes the necessary registration and pays all costs associated with detention.
Item 22 Fishing lisense applicants should use Form No. 4 (see Annex) and submit it to the appropriate Registration and Licensing Office for review.
Item 23 Conditions of eligibility for a fishing license are as follows.
Item 24 A temporary fishing license may be issued for trainees using Form No. 5 (see Annex) according to the following conditions.
Item 25 The local Registration and Licensing Office should review all applications according to the need of the area they cover, within 30 days of filing, and then transfer the applications to the SMW for a decision to issue or not. The decision should be sent to the applicant within within 7 days of its being made. The fishing license form is as shown on Form No. 6 (see Annex).
Item 26 The Registration and Licensing Office has the right to meet with the applicants to discuss applications and ask for more information and documents necessary to complete the process within 15 days.
Item 27 The Registration and Licensing Office should open a master book to register fishing licensed personnel, one page per person with the following information being noted:
Item 28 The licensee should apply to the Registration and Licensing Office for making additions or adjustments to the license. The same application process will take a place as in the issue of the original license.
Item 29 The fishing license validity is for 3 years from the date of issue. It can be renewed for the same period if the licensee applies one month before the date of expiry. The same process will be followed as in the case of issuing a new license.
Item 30 The license is to be treated as personal property. Its holder has no right to give it out to others and should keep it in possession for as long as fishing activity continues. It should be shown whenever it is needed or requested by an authorised person. Fishing craft are liable to be impounded if any of their crew is not licensed and owners will be liable for the costs of such impoundment.
Item 31 Craft license applications should be using Form No. 7 (see Annex) and submitted to the Registration and Licensing Office. Craft may be licensed for the following activities:
Item 32 The Registration and Licensing Office should transfer the application for craft licensing to the SMW and a license should be issued using Form 8 (see Annex). Item (36) should be considered before issuing a craft license.
Item 33 The Registration and Licensing Office should open a master book for craft licenses, recording one license per page and noting the following information:
Item 34 Craft should bear the letters ‘F.C.’ at the bows, to indicate that they are fishing craft, in a size of lettering determined by the SMW. The name and registration number of craft shall also appear in clearly visible writing. No craft is allowed to enter into fishing activity without such lettering.
Item 35 Fishing craft shall use night lights and all other signs required by the harbour administration to indicate position and activity (fishing, anchored, or steaming).
Item 36 The MBRC should carry out all necessary studies and surveys of living resources in Libyan waters and make recommendations to the SMW according to the situation and actions necessary. The SMW should accordingly make appropriate decisions concerning the following.
Item 37 It is a responsibility of legal officers authorised by the SMW to follow up decisions and to stop all fishing operations if it is proved that violations are occurring and file a report with the public prosecutor's office with a copy to the SMW.
Foreign Ships license
Item 38 No license shall be granted to any foreigner to fish in Libyan waters until a joint venture contract has been signed with a national firm working in the sector.
Item 39 All applications by foreigners for joint venture licensing to fish in Libyan waters should be submitted to SMW using form No. 9 (see Annex), through the home country vessel agents or their representatives in Libya, with the following documents:
Item 40 SMW will study all applications for license to fish in Libyan waters according to its plans and programmes and fishing agreements with others. Applications from countries with no agreements with Libya will not be considered.
Item 41 SMW licenses issued to foreign craft for fishing in Libyan waters will note the following information: Name and nationality of Captain/ Name of craft/ Name of harbour of registration and registration number / Name and nationality of vessel agent/ Area where fishing allowed / Fishing technique/ Fishing equipment and gear specifications/ Harbour for landing of catches/ Number of Libyan personnel to be on board (should not be < 25% of the total crew number per license duration).
Item 42 Permission for a foreign craft to fish shall be issued by SMW or any other body authorised by SMW on Form 10 (see Annex).
Item 43 Original documents of a foreign craft authorised to fish shall be submitted to SMW after a license is issued. No fishing can start until these documents are submitted. A receipt will be given to the craft owner, as shown in Form 11 (see Annex). All documents will be returned after expiration of the license.
Item 44 A license for a foreign craft to fish in Libyan waters shall be valid for one year only.
Item 45 A temporary fishing permission card will be given to each foreign craft crew, valid for one year from the issue date of the craft license. Conditions for issuance of the card are:
Item 46 Foreign craft captain and crew should hand in their passports to the SMW office in their working area. An ID card will be issued to each person containing all information given in the passport.
Item 47 The Captain of a foreign craft should file a report to the SMW office in the working area noting for each fishing trip details of area fished, depth, and quantity and species of catch.
Item 48 The Captain of a foreign craft is required to report before the start of each Fishing trip to the SMW office in the working area and provide details of the area expected to be fished, expected duration of trip, and expected date of return.
Item 49 A Marine Protection Department shall be established in SMW and shall include a number of units established along the coast. The Department shall be responsible for all necessary procedures to protect marine resources and their utilisation according to the law, regulations, and decisions in force.
Item 50 It is prohibited to fish by using explosives, toxic materials, or any other substances which are detrimental to public or marine health and productivity, or to the marine environment.
Item 51 All legal officers authorised by SMW in all sites have the right at all times and places to stop individuals and inspect their fishing gear, equipment, and catches and determine that they are legal.
Item 52 If legal officers find that fishers have violated the law, as noted in Item 50 they have the right to take the items that have been used in committing the offence along with the catch into their custody. In such cases a report should be prepared and sent to the public prosecutor's office with a copy to the local SMW office.
Item 53 If legal officers suspect that catches have been taken through the use of explosives, toxic materials, or other substances mentioned in Item 50 these catches will be taken into custody and a sample will be submitted to specialised laboratories. The fisher or trader will also be stopped from selling any of the catch. An investigation will be conducted and a report will be prepared.
Item 54 If laboratory results prove as noted in Item 53, the case shall be transferred to the public prosecutor's officer and the SMW shall be informed.
Item 55 SMW is responsible for solving any problems that may arise between operators related to fishing activity, by bringing the two parties together and working out a compromise which will satisfy both, whenever it is possible.
Item 56 A compromise will be arranged if one of the concerned parties applies to the SMW office in the area. The SMW office will discuss the problem with both parties and listen to witnesses and check any documentary evidence and proofs brought by either party. A report shall be written declaring if a compromise was reached or not, the conditions of compromise, or the reasons for no compromise, and bearing the signatures of both parties. A copy of the report shall be provided to each party to the dispute and the the original shall be kept with the SMW.
Item 57 In the case of no compromise being reached the SMW should transfer the report to the appropriate court within one week from the date of complaint.
Item 58 The Captain is always assumed to be the person responsible for the craft, all its crew and equipment. The Captain is the only person responsible in front of governmental specialised bodies investigating any violation or crime occurring onboard a craft.
Item 59 Duties of Captain are as follows:
Item 60 Conditions required to be craft a Captain include:
Item 61 Applications to be registered as a Captain should be made to an SMW Registration and Licensing Office. The office will check the applicant's documents and organise a committee for examination.
The committee should be composed as follows:
Item 62 To be licensed as a craft Captain the applicant should pass an exam. If granted the license should show the method of fishing and tonnage of craft the person is allowed to operate.
Item 63 Conditions required to be a marine mechanic are as follows:
Item 64 Application for licensing as a marine mechanic should be submitted to a Licensing and Registration Office for examination by a committee composed of the following:
If the exam is passed, the applicant will be granted a degree indicating the engine HP certified to operate.
Item 65 SMW has the right to withdraw a license if a report is received from a regional Registration and Licensing Office indicating that the Captain has violated any of the laws or regulations in force. Also the craft license can be withdrawn if the craft has been used for other than its licensed purposes.
Item 66 A license for the utilisation of marine resources can be cancelled under any of the following conditions:
A craft license can be cancelled under any of the following conditions:
Item 67 The craft Captain should inform SMW personnel in the harbour in the working area and the police station in the event of any accident or injuries occurring onboard, reporting the date, reasons, and damage. The report should be filed within 24 hours of the accident. The SMW representative should immediately investigate the case and prepare a report.
Item 68 In case of a death onboard the Captain shall immediately stop fishing operations and carry the corpse to the nearest harbour and file a detailed report explaining the circumstances of the death, and should facilitate all investigations. The local SMW office personnel should stop the craft from any further fishing pending full investigation of the case.
Item 69 This Law will be in effect from its date of signature.
|Form No. (1)|
|Registration & Licensing office|
|Application For Survey & Registration of Fishing Boats And Vessels|
|SMW Registration & Licensing Office of municipality /|
|1 Personal identity card issued at Residing at|
|2 Personal identity card issued at Residing at|
|3 Personal identity card issued at Residing at|
|Owner, owners .|
|According to the attached documents .|
|Requesting that necessary procedures be taken for survey and registration of a marine fishing boat/vessel in the records of the port of|
and for issuance of all licenses and documents needed to be used for the purpose of by . .And certifying that we are ready to provide all data, information, and documents needed and to pay all duties.
|Date: / /|
|Applicants Name /||Signature: /|
|For Office Use:-|
|Boat or vessel name /|
|Record Serial No.:|
|Legal registration No.||Date of issue: .|
|Form No. (2)|
|Registration & Licensing Office|
|Survey Report For Fishing Boats & Vessels|
|Craft name /||Harbour & Registration No.|
|Place & Date of Survey/||Owner name(s):|
|Technical specifications for boat/vessel:-|
|Length / m||Beam / m||Height / m|
|Draught/ m||Crew number/||Gross tonnage /|
|Normal tonnage/||Hull material/|
|Inspection for [Hull-Bottom - Deck - Superstructure - Masts - Rudder - Windlass -Anchor - Anchor Chain - etc.]|
|Main engine /||No. /|
|Type /||Serial No. /|
|(HP) /||Manufacturer /|
|Inspection for: [Variable pitch propeller - cooling lubrication and fuel system-etc.]|
Form No. (3)
“Libyan Registration Certification”
|Vessel name||Legal number||Registration port & date||Calling sign||Name & Address of Manufacturers|
|Length||Beam||Draught||Year & Place of manufacture||No. of Decks||No. Masts||Construction. material||Speed||HP|
|No. cylinders||Engine type||No. Propellers||No. of engines||Gross tonnage||tonnes||Previous name & numberof registration|
|Owners name/||Address||% Share|
|Form No. (4)|
|SMW Municipality /|
|Registration & Licensing Office|
|‘Application for License to Practise Marine Fishing’|
|1-||Applicant full name /|
|2-||Place & Date of birth /|
|4-||Personal ID Card No./||Date of issue:/|
|6-||Qualification /||Previous experience/|
|7-||Requesting issue of license to allow me to work in marine fishing using the following method:-|
|For Office Use:-|
|1-||Application Serial No.|
|3-||Name & signature of receiving official:|
|SMW Municipality /|
|‘Temporary License to Practise Marine Fishing’|
|According to rules of Article ( ) from the implementation bylaws of Law No. (14) of the year (1989) for Marine Wealth Utilization|
This permit allows
|Place & Date of birth /||Nationality /.|
|Personal ID Card No. /||Permanent address /.|
|Of Training Centre||For marine fishing in Municipality /|
|to engage in occupation of marine resource utilisation on temporary basis for the purpose of training|
|as from / to /|
|under supervision of/|
|Registration & Licensing Office|
|SMW Municipality /||Head of Office|
|Comment: This license for trainees only.|
* Unofficial, indicative English translation by Project team from the original Arabic text.