the links referred files in pdf format
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Access regimes to
fisheries resources |
Since the adoption of the LOSC in 1982, access to fisheries resources
occurring within waters under national sovereignty or jurisdiction is controlled
by coastal States. As mentioned above, coastal States have so far, for the most
part, refrained from declaring an EEZ in the Mediterranean Sea. As a result,
waters lying beyond coastal States’ territorial waters remain part of the high
seas and are thus subject to relevant rules of international law, in particular
that of part VII of the LOSC. Likewise, States bordering the Adriatic Sea, which
is a narrow body of water, have not yet used their right to declare an EEZ off
their coasts.
This chapter will examine for each country the legal regime governing access to
fisheries resources occurring within their territorial waters.
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The basic fisheries legislation of Albania is
Law No. 64 of 31 May 2012 on
Fisheries, which replaces the fisheries regime established by
Law No.
7908 of 5 April 1995 on Fishery and Aquaculture. The competent authority for
fisheries matters is the Fisheries Directorate of the Ministry of
Environment. A draft Law on Aquaculture is under preparation and should be
introduced into Parliament by the end of 2015. The new draft law is based on EU
Directives and GFCM recommendations and provides for Allocated Zones for
Aquaculture (AZAs).
The new fisheries law is implemented by four Decision of the Council of
Ministers (DCM), prepared for the approximation of Albanian legislation with EU
legislation. Two of these regulations have been adopted, and the other two are
in the process of being adopted:
-
DCM No. 301 of 10 April 2013 on the establishment of a national
framework for the collection, management and use of data in the
fisheries sector and support for scientific advice in accordance
with the Albanian Fisheries Policy;
-
DCM No. 302 of 10 April 2013 establishing a system to prevent, deter
and eliminate illegal, unreported and unregulated fishing (IUU) and
establishing fish catch certification schemes;
-
DCM No. 402 of 8 May 2013 on management measures for the sustainable
exploitation of fishery resources in the Mediterranean Sea;
-
DCM No. 407 of 8 May 2013 establishing a control system for ensuring
compliance with the rules of the management fisheries policy.
In
addition, the Minister of Environment has adopted Regulation No. 12 of 4 June
2012 determining the procedures of application for fishery permits and
public competition for exercising fishery activities in the sea and in internal
waters and for aquaculture. Technical Regulation No. 1 of 7 March 2014
makes detailed provisions on the implementation of the new Law on Fisheries.
According to
Article 28 of the 2012 Law on Fisheries, fishing activities
may be classified as:
-
Commercial fishing (with the purpose of selling, trading or
exchanging products, further subdivided in Professional and
Artisanal Commercial Fishing);
-
Recreational/sport fishing (consisting of exploiting marine
resources for recreation, sport or tourism, with non-commercial
purposes);
-
Fishing for scientific research purposes.
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Commercial fishing licences
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Principle
For Albanian fishing vessels, a
fishing license
is required under
Article 30 of the Law on
Fisheries to practice commercial fishing.
Commercial fishing licences may not be granted to foreign fishing vessels, and
foreigners may not own more than 49 percent of Albanian-flagged vessels, as
established under Article 30 of the Law on Fisheries.
Commercial fishing may be carried out by a
professional fishery trader
or by a fishery artisan
(Article 29).
Professional fishing is performed by
ships longer than 12m and with motor power equal or greater than 56 kW (75
horsepower) (Article 4(62)).
Albanian vessels
fishing beyond territorial
waters are subject to a special
authorization from the Ministry (Article
34, Law on Fisheries).
Prerequisites to application
Documentary requirements for
commercial professional
fishing are: (i) a certificate of
registration of the fishing vessel, issued by the Port Authority; (ii) a
certificate of seaworthiness issued by the Maritime Register; (iii) a
certificate of ownership of the vessel; and (iv) a certificate of registration
in the Business Registering Centre (BRC). Enlisting in the Register of Fishing
Vessels (PAR) is a prerequisite to, but not a sufficient condition for the
issuance of a commercial professional fishing licence (Article
32). Professional fishery traders must
join the Register of Professional Fishermen (PPR).
For
commercial artisanal fishing,
requirements include: a BRC registration certificate; a Border Police
Certificate; and a vessel book issued by the Port Authority.
Application
Applications shall be submitted to the National
Licensing Centre (NLC) together with the relevant documentation. The type of
licence required for Albanian vessels falls under
category III.5 of the Annex to Law No. 10 081 of
23 February 2009 on licences,
authorizations and permits in the Republic of Albania. Procedures are defined
under Regulation No. 12 of 4 June 2012
determining the procedures of application for fishery permits and public
competition for exercising fishery activities in sea, internal waters, and
aquaculture.
Issuance
The application file is examined and approved or refused by the License
Commission of the Ministry. Licences are delivered by the NLC on to juridical
and physical persons wishing to practice commercial fishing that strictly meet
the relevant legal requirements for the type of licence.
Licence
Fees
The
annual licence fee is established by
Law No.
8435 of 28 December 1998, as amended by
Law No. 8713 of 15 December 2000. The
amount of the fee is defined according the vessel’s engine power and to the type
of fishing licence.
Revocation
Each licence has a validity of 5 years. Upon
expiration, licences may be renewed through the same procedure. No provisions
are found on revocation of fishing licences in the
2012 Law on Fisheries.
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Scientific research authorization
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Fishing for scientific research purposes may only be carried out with a
ministerial authorization and under such conditions as defined by
the Minister (Article 49, Law on Fisheries). Public or private research
entities are given ministerial recognition based on the opinion of the Committee
for the Coordination of Research, Technical and Economic Matters (KKKSHTE) (Article
50). Scientific fishing authorizations may also be granted for
fishing in fisheries protection areas (Article 12(2)(c)).
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Sport and recreational fishing licenses
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Recreational/sport fishing consists of catching/collecting fish and
other aquatic organisms, using tools and gears allowed for recreational/sport
fishing. Catch may not be sold, exchanged or marketed. Recreational fishing
should not interfere, obstruct, endanger or hinder commercial fishing (Article
38, Law on Fisheries). There are three categories of recreational/sport
fishing: amateur fishing; sport fishing; and tourist fishing (Article 39, Law
on Fisheries).
Amateur fishing is a leisure fishing activity using hooks or other
professional fishing gear, not organized and not related to competitions or
events; it is performed without using navigation vehicles. Amateur fishing
authorizations are granted by the competent local authority (Article
40(5), Law on Fisheries). Only Albanian or foreign citizens who are members
of national associations of recreational/sports fishing have the right to apply
and obtain an authorization for amateur fishing.
Amateur
fishing may be performed under a long- or short-term authorization. A long-term
authorization is valid during the entire calendar year. A short-term
authorization is valid for a period no longer than 30 days, starting from the
day it is issued (Article 41, Law on Fisheries). Foreign citizens may
only apply for short-term authorizations.
Sport fishing is an organized fishing activity consisting of a free
competition between individual fishermen to catch the largest specimen, number
or amount of fish, depending on the established rules. Sport fishing does
not require any authorization.
Tourist fishing is a fishing activity conducted by professional
fishermen or recreational fishing professionals, who are considered as a third
party organizing fishing expeditions. Tourist fishing authorizations are
granted by the Ministry or any other entity authorized by it (Article
40(6), Law on Fisheries). Tourist fishing may only be performed under a
short-term authorization (Article 41(2)).
The type,
maximum number of authorizations that may be granted in each Commune/Municipality/Region
during a calendar year, as well as the criteria for granting/obtaining a fishing
licence, are determined by the Minister (Article 40(2), Law on Fisheries).
The
following prohibitions apply to recreational/sports fishing (Article 45):
-
fishing from sunset till dawn;
-
fishing with spear guns by persons under the age of 16;
-
selling fish caught during this activity.
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Definition of terms |
Inclusion of definitions of key concepts and terms in basic fisheries
legislation is primarily designed to facilitate the good understanding of the
Acts and thus avoid any problem of interpretation in implementing the provisions
of this Acts. In addition, it enables lawmakers to modify (restrict or broaden)
the meaning of common words for the specific purpose of the Acts and
implementing regulations. For instance, the meaning of the word fish is commonly
broadened so as to include not only fish, but also crustaceans, molluscs and
other types of aquatic organisms.
Key concepts and terms that are examined in this chapter are as follows:
national waters, aquatic species, fishing, commercial fishing, artisanal fishing,
fishing vessel, national vessel, and foreign vessel.
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In Albanian legislation, national waters are identified as waters of the
Republic of Albania, which include both marine and inland waters (Article
4(98), 2012 Law on Fisheries). The terms internal sea waters,
territorial waters and maritime space are defined in
the Albanian Maritime Code (Law No. 9251 of 8 July 2004, as amended) in line with UNCLOS , whereas transitional
waters are surface waters found in the vicinity of river mouths, which are
partially saline in character, as a result of their proximity to coastal waters,
but which are substantially influenced by freshwater flows (Article
4(100-102), Law on Fisheries). Internal waters include coastal
lagoons, natural lakes, lakes, hydropower, agricultural watersheds, rivers and
other waters of the Republic of Albania, other than marine waters (Article
4(99) Law on Fisheries).
Aquatic resources are defined as living or non-living resources,
flora or fauna, edible or inedible, which have water as their natural habitat,
including fish, crustaceans, molluscs, corals, sponges, amphibians, marine
reptiles, marine mammals, as well as their eggs, fingerlings/juveniles, larvae
or other natural products, with the exception of sea birds (Article 4(51),
Law on Fisheries). Living aquatic resources are defined as
fish and other aquatic organisms, including anadromous and catadromous species
found in the maritime space and in inland waters (Article 4(10)).
Fish and other marine/aquatic organisms are further defined as marine/aquatic
mammals or plants, including fish, molluscs, crustacean, corals, sponges, sea
urchins and other echinoderms, tortoises, reptiles, marine/aquatic mammals,
their eggs, larvae and initial stages of growth (Article 4(65)). For the
definition of biodiversity, the law refers to Law No. 9587 of
20 July 2006 on the Protection of Biodiversity (Article 4(8), Law on
Fisheries).
Fishing activities are those related to the search of fish, to the
release, setting and towing of fishing gear, to the transfer of catch on board,
to the transhipment of catch, to on-board storage of catch, to on-board
processing of catch, to fattening in cages, and to unloading of fish and its
products (Article 4(1), Law on Fisheries).The term fishing sector
is defined as the sector of economy, which includes all activities related to
catching, processing and marketing of fish and aquaculture products (Article
4(81)). Commercial fishery is defined as fishing activities
aiming, fully or partially, at the sale, trade or exchange of products; it
excludes sport/recreational fisheries (Article 4(61-64)). Commercial
fishing may be performed at professional or artisanal level. Professional
commercial fishing involves the use of fishing vessels over 12 meters
long with an engine power greater than/or equal to 56 kW (75 hp).
Artisanal commercial fishing is defined as commercial fishing that does
not fall into the professional commercial fishing category. The law also gives a
comprehensive definition of IUU fishing under
Article 4(60).
A fishing vessel is a navigation vehicle of any size used or
intended to be used for exploitation of marine resources for commercial purposes,
including auxiliary vessels, fish processing vessels, vessels involved in
transhipment operations, and transport vessels equipped for the transportation
of fish products, excluding container vessels (Article 4(2), Law on Fisheries).
National vessels are not explicitly defined in the law but the concept is
referred to in the definition of fishing fleet. The term fishing fleet
is defined as the total number of fishing vessels flying the Albanian flag,
registered in the National Fleet Register (NFR) (Article 4(17)). The
NFR registration number identifies national fishing vessels (Article
4(50)). A foreign fishing vessel is a fishing vessel that does
not fly the Albanian flag (Article 4(3)).
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Conservation and management measures |
This chapter examines,
for each country studied in this paper, conservation and management measures
that have been adopted to implement national policies for responsible
conservation of fisheries resources and fisheries management and development.
The
Structural Fisheries Policy (SFP) is part of the general policies of
the Ministry, reviewed at least once every four years (Article 17, Law on
Fisheries). The SFP is defined and implemented in accordance with the
National Fisheries Strategy (NFS), the Fisheries Management Plan
(FMP) and Fisheries Implementation Plan (FIP) (Article 23).
The SFP,
which is the main Albanian fisheries policy document, aims at:
-
supporting national fisheries strategy to ensure sustainable
exploitation of living aquatic resources;
-
promoting a sustainable balance between resources and fishing
capacity of the fishing fleet;
-
supporting the competitiveness of the productive structures and the
development of economically active enterprises in the fisheries
sector;
-
strengthening the protection and improvement of the environment and
natural resources where there is a connection with the fisheries
sector;
-
promoting sustainable and improving the quality of life in areas in
which the fishing activity;
-
promoting equal opportunities between men and women in the
development of the fisheries sector and of fishing areas.
The
Council of Ministers may adopt measures in the following areas of structural
interventions (Article 18):
-
adaptation of the fishing fleet;
-
inland waters and processing of fishery products trading;
-
public interest (sustainable fisheries management, environmental
health, ports and landing sites, market opportunities);
-
sustainable development of fisheries areas.
The NFS,
which is the main fisheries strategy document in Albania, shall define the term
fishing and establish priorities and objectives for fisheries development. It
shall identify the funds needed for the implementation of the strategic
objectives within the agreed timeframe and the responsibilities arising from
international agreements, particularly with regard to:
-
management and promotion of the fishing fleet and sustainable
development of fishing activities (fishing effort, capacity, fish
resources, environmentally-friendly fishing methods);
-
sustainable development of fish processing and trade;
-
sustainable development of fishing areas, including criteria to
identify priority areas;
-
competitiveness of the fisheries sector, including improvement of
infrastructure, organization and work environment;
-
development of fishing activities outside the territorial sea in
accordance with international agreements;
-
preservation of human resources, focusing on the improvement of
professional skills, sustainable employment and gender balance;
-
providing equipment and other conditions for inspections / audits of
fishing activity, as well as for the collection of data and
information that are important for the common fisheries policy;
-
providing support and technical assistance to sustainable fisheries
initiatives;
-
protection and improvement of the environment.
The NFS
is approved by decision of the Council of Ministers and prepared by the Ministry
in charge of fisheries, in cooperation and coordination with: national competent
public authorities, central and local; scientific institutions, and institutions
and / or other expert bodies in the field of fisheries and the environment; and
stakeholders in the field of fisheries and the environment (Article 24).
The FMP,
which is the main Albanian fisheries planning tool, contains short- and mid-term
objectives on fisheries development, the types of programmes and measures to be
adopted, expected results and the necessary financial resources for the
implementation of fisheries policy measures. Fisheries Management Plans are
prepared by the Directorate of Fisheries for a period of 5 years, in cooperation
with the representatives of the different interest groups (Article 25).
The FIP,
which is the FMP implementation plan, includes:
-
a description of the fisheries in relation to the fishing area, fish
species/types, fishing characteristics, fishing methods, as well as
the current exploitation situation;
-
data on the monitoring of the situation of economically important
fish populations and other deep sea pelagic species;
-
an analysis of fish populations, including biological
characteristics and the conservation status; the objectives to be
achieved over the defined period;
-
technical measures to be applied, including measures for the
protection of fish population; ecosystem-based management measures;
-
the economic impact of measures taken in the fishery sector; and
criteria for the evaluation of the Plan’s efficiency.
The FIP
also sets out the general principles regarding: licensing conditions, the
issuance of special permits for experimental fishing, for specific fishing
vessels and for fishing vessels that are less than 10 meters; the reduction of
discards; the monitoring method for vessels that are less than 15 meters; the
issuance of permits for recreational/sport fishing or diving; temporary
exception to FIP provisions; and, where needed, restrictions on fishing
activities. The FIP is prepared by the Ministry in cooperation and coordination
with competent scientific institutions and other interest groups in fisheries
and aquaculture, and is approved by order of the Minister (Article 26).
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a)
Fishing effort and capacity
The
Minister may adopt regulations on the adjustment of the minimum and maximum
limits for areas subject to a fishing effort, on the procedures for notification
of fishing vessels, on the granting of a preliminary authorization to fishing
vessels subject to a determined fishing effort, as well as on exceptions to the
established rules (Article 87).
The Minister may adjust fishing capacity and is responsible for ensuring
compliance with fishing capacity limits based on the projected capacity of
fishing permits or as otherwise established in accordance with applicable
legislation. The Council of Ministers defines the method used for fishing
capacity determination (with reference to the registration of fishing vessels,
the vessels’ engine power, the fishing vessels’ tonnage, as well as the type,
number and characteristics of their fishing equipment). The Fisheries
Inspectorate is responsible for verifying compliance with established fishing
capacity limits (Article 101).
The Minister determines by regulation the conditions for issuing
certificates
for motor power fishing vessels (except for vessels that exclusively use fixed
nets or Draga and fishing aids or exclusively operate in aquaculture).
Certificates are issued upon payment of a given fee. The Minister may set
specific regulations requiring ships that are subject to a specific fisheries
regime to be equipped with the appropriate certificate of motor power (Articles
102-103).
The Minister may also establish
prohibitions, restrictions and limitations on
fishing gear, fishing zones, fish species, minimum mesh sizes, etc. In order to
protect special fish species and other marine and inland organisms from
overfishing, the Ministry decides to declare the closure of fishing season or
prohibit the use of certain gear and equipment for commercial or recreational/sport
fishing (Articles
14,
107 and
119).
Aiming at the sustainable use and protection of
economically important fish
species and other marine organisms, after consulting specialized scientific
institutions in this sector, the Minister determines the number and size of
fishing vessels, their engine power, type and quality of fishing equipment and
gear, which are allowed to fish in certain fishing areas, prohibitions of
fishing in a certain area, allowable catch in terms of quantity, or allowable
collection per fishing license, and the number of licenses for certain types of
fishing (Article 16). Catch certification schemes for the import and export of
fishery products may be adopted by the Council of Ministers (Article 118).
Fishing vessels are obliged to keep all the
data related to fishing
opportunities and fishing effort recorded in the logbook and landing or
transhipment declarations. Every fishing vessel informs the fisheries
inspectorate within the 25th of each month about the quantity of each fish stock
or group stock subject to the total allowable quotas (TAC), as well as quotas
landed during the previous month. When a fishing vessel is subject to a fishing
effort, or has carried out fishing activity in an area subject to this fishing
regime, the owner maintains records of the quantity of catch from that area, as
well as the fish species caught by his vessel, and reports them within a month
to the Fisheries Inspectorate (Article 88).
The captains or owners of fishing vessels that are subject to a
fishing effort
regime, but do not have a monitoring system on board or do not transmit the
logbook data, must, transmit to the Inter-ministerial Maritime Operational
Centre (IMOC/QNOD), through fax, telephone messages or e-mail in the form of a
report, the data recorded immediately prior to each entry or exit in/from a
geographical area, including name, external identification mark, radio call
signals and the name of the owner of the fishing vessel, the geographical
location of the vessel for which it is being reported, date and time of each
entry and exit in/from the area, the amount of catch on board in live weight in
kilograms (Article 91).
b) Prohibited fishing zones
Fishing
is prohibited in the port area, access roads and anchoring sites (Article
16, Law on Fisheries).
The
Minister may decide to close fishing activities in a certain area
when the amount of catch in a fish stock or in a group of stocks subject to a
quota is exhausted by the fishing vessels or when a vessel/subject has reached
the maximum allowable limit for a given species or for a certain geographical
area that is subject to a fishing effort. The age of vessels that may be
registered in the Maritime Register as commercial fishing vessels shall be
defined by the Council of Ministers, in accordance with the standards, criteria
and environmental conditions (Article 119).
The
fishing activity of Albanian vessels in a restricted fishing area is subject to
monitoring from IMOC. Areas with a restricted fishing regime have
a detection system in place for monitoring vessels during their entry,
transiting and exit from the restricted fishing areas. Data must be communicated
every 30 minutes (Article 105).
c) Fishing gear
According to
Article 89, the captain or owner of a fishing vessel gives
notice to the Fisheries Inspectorate of the type and number of fishing gear to
be used. The use of fishing gear during one fishing trip is subject to a prior
authorization by the Fisheries Inspectorate, whenever a fishing effort regime allows the utilization of gear that belongs to more than one set in a certain
area.
Unless it is operating under a specific authorization, a fishing vessel passing
through an area that is subject to a fishing effort regime must tie and stow any
prohibited fishing nets present on board the vessel (Article 92).
d) Fishing methods
Catching,
collecting and/or selling fish and other marine organisms using explosives,
chemical substances or any other way of killing, intoxication or
poisoning is prohibited. Substances and devices that may not be kept either on
board or on shore are listed under
Article 16 of the Law on Fisheries.
e) Minimum size
and juveniles
Juveniles and other marine organisms are protected under
Article 10,
which establishes the minimum size of fish. Special regulations
establish the minimum dimensions of fish and other marine and inland water
species, including anadromous and catadromous species, below which catching,
keeping or transiting on board, intentional landing, marketing or consumption
are prohibited.
Notwithstanding established sizes, the Minister may allow the catch of juveniles,
fish species and other marine organisms unable to reproduce, in a specified
period using specific fishing gear, aiming at repopulating for the protection of
species and research activity.
New
prohibitions and limitations in regards of fishing gears, fish species, minimum
sizes, etc., are currently under preparation. The proposed minimum sizes are
shown in Table 1 below.
Table 1.
Annex
III of DCM No. 402 of 8 May 2013 on management measures for the sustainable
exploitation of fishery resources in the Mediterranean Sea, which establishes
the minimal dimensions of marine organisms (TL – General length; CL –
Carapace length).
Species (scientific name) |
Albanian Name |
minimun size in cm or
minimum weight in kg |
1. FISH |
|
|
Dicentrarchus labrax |
Levreku |
25 cm |
Diplodus annularis |
Sargu bishtzi |
12 cm |
Diplodus puntazzo |
Sharan |
18 cm |
Diplodus sargus |
Sargu |
23 cm |
Diplodus vulgaris |
Sargua |
18 cm |
Engraulis encrasicholus1 |
Acuga |
9 cm |
Epinephelus
spp. |
Kerrat |
45 cm |
Lithognathus mormyrus |
Murra |
20 cm |
Merluccius merluccius2 |
Merluc |
20 cm |
Mullus
spp. |
Barbunët |
11 cm |
Pagellus acarne |
Mormuri i eger |
17 cm |
Pagellus bogaraveo |
Spalce e kuge |
33 cm |
Pagellus erythrinus |
Spalce e kuge |
15 cm |
Pagrus pagrus |
Pagri |
18 cm |
Polyprion americanus |
Kerr fundi |
45 cm |
Sardina pilchardus3 |
Sardelja |
11 cm |
Scomber spp. |
Skumri |
18 cm |
Solea vulgaris
|
Gjuhez kanali |
20 cm |
Sparus aurata
|
Kocja |
20 cm |
Trachurus spp. |
Stavridhët |
15 cm |
2. CRUSTACEANS |
Hommarus sgammarus
|
|
105 mm CL
300 mm TL |
Nephrops norvegicus |
Skampi |
20 mm CL
70 mm TL |
Palinuridae |
Aragostat |
90 mm CL |
Parapeneus longirostris |
Karkaleci rozë |
20 mm CL |
3. MOLLUSCS BIVALVE |
|
|
Pecten jacobeus
|
|
10 cm |
Venerupis
spp.
|
|
25 mm |
Venus
spp.
|
|
25 mm |
[1] Anchovy: the
minimal dimention can be convertet into 110 individuals per
kilogram.
[2] Hake: Even the
limit tolerance of 15 percent individuals weight of hake to be
including in the length between 15 and 20 cm, this tolerance
limit can be respected by fishing vessels in open sea area or in
landing area, as well as in first sale fish markets after
landings. This limit will be aplicable even in each further
market transaction at the national and/or international level.
[3] Sardina: the
minimal dimention can be converted into 55 individuals per
kilogram.
f)
Protected species
The list
of protected fish species and other marine organisms/creatures, including
anadromous and catadromous species, shall be approved by the Council of
Ministers prior consultation with scientific institutions and other interest
groups (Article 9).
Article 37 prohibits the fishing of certain types of marine organisms,
in particular catching, keeping or transiting on board, intentional landing and
marketing of the following marine organisms, including for human consumption, is
prohibited at any time, in any area and using any type of equipment or gear:
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river alcoran - Salmo letnica lumi; |
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sturgeon - Acipenser sturio; |
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sharks - Cetorhinus maximus, Carcharodon carcharias;
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sea cow - Mobula mobular; |
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dater shell (dateri) - Lithophaga lithophaga;
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corals - Corallium spp; |
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sponges - Spongidae; |
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sea mammals; |
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sea turtles; |
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sea cucumbers. |
g)
Protected areas
In order to protect
certain fish species and other marine organisms, under
Article 11, the
Council of Ministers may declare protected areas for fishing purposes,
aiming to provide favourable conditions for natural reproduction of fish and
growth of juveniles and other marine organisms. The boundaries and designation
of marine protected areas for fishing purposes, as well as measures for their
protection and development are defined by decision of the Council of Ministers,
prior consultation of scientific institutions specialized in fisheries,
environment and other interest groups, in accordance with the legislation in
force.
Prior to declaring a
marine protected area for fishing purposes that affects or may affect fishing
activities of one or more countries with which Albania has signed
international agreements, the Minister shall notify and get approval
from the authorities of the concerned country/countries or any other authority
provided in the agreement with exclusive power to review its implementation.
In the marine protected
areas for fishing purposes, the following prohibitions shall apply:
conduct or attempt to conduct fishing activity; extract or exploit the fauna or
flora; dump or exploit sand or gravel; discharge or dislocate waters or any
other kind of pollutant; intervene, damage or destroy the environment; construct
structures/facilities on land or in the water; undertake or conduct other
activities that can have a negative impact on the ecosystem of the protected
area (Article 12).
Prohibitions in
other fishing areas are covered by
Article 13: in order to
protect fish and other marine or inland water organisms or parts of marine and
inland water fishing area, the Ministry orders the prohibition of fishing for a
specific period of time. This prohibition is applied also to parts of the
fishing area at sea and inland waters where the latter provide favourable
conditions for natural reproduction of fish, growth of juveniles and other
marine organisms.
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Sport-recreational fishing
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Tools
used for recreational/sport fishing are determined by instruction of the
Minister. The Minister also establishes the maximum amount of fish that may be
caught by authorized recreational/sport fishers per day (24 hours) (Article
44, Law on Fisheries).
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Monitoring, control and surveillance |
Monitoring,
control and surveillance (MCS) is an integral and essential component of
fisheries management. MCS programs generally encompass the gathering of
information on fishing effort characteristics and resource yields, the
regulatory conditions under which the exploitation of fishery resources is to be
conducted and the types of observations required to ensure compliance with
regulatory controls imposed on fishing activities. This paper will primarily
focus on MCS measures providing for the registration of fishers and fishing
vessels, the marking of fishing vessels, observer programs and information
reporting.
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a) Register
The
Directorate of fisheries creates and administers the Register of
Professional Fishermen (PPR). The form, content and administration of
PPR, as well as documentation, procedures and deadlines to be respected for
submission of application for registration and / or appeal the decision to
reject the registration determined by a regulation issued by the Minister (Article
31).
The
Directorate of Fisheries creates and administers the Register of Fishing
Vessels (PAR), which records all vessels used for commercial fishing.
Any vessel registered in the PAR is given a Unique Identification Number (the
NFR registration number). Possession of vessels used for commercial fishing is
not a sufficient condition for issuance of a commercial fishing permit. Owners
or users of vessels that are blacklisted for IUU fishing, by the European Union
or any international organization recognized by the Republic of Albania, may not
be registered in the PAR. The PAR registration procedures are defined by
regulation issued by the Minister (Article 32).
b)
Data collection
Monitoring authorities for fishing activities and fishing effort are the
Fisheries Inspectorate and the IMOC (Article 67). Surveillance and
detection is ensured by IMOC in Albanian territorial waters through:
-
surveillance of fishing vessels with inspection vessels or other
surveillance means;
-
monitoring system;
-
any other detection or identification method.
The
National programme for the collection, management and use of data is
established according to
Article 93 through
DCM No. 301 of 10 April 2013
on the establishment of a National framework for the collection, management and
use of data in the fisheries sector and support for scientific advice regarding
the Albanian Fisheries Policy. It is a multiannual programme for the collection,
management and use of biological, technical, environmental and social-economic
data.
Under
Article 98, the Minister may only declare a port as a designated port or a
shore-based place/location where landing or transhipment of fish products and
port services are allowed based on the following criteria:
-
unloading and transhipping time have been determined;
-
unloading and transhipping locations have been determined;
-
inspection and surveillance procedures have been determined.
All
fishing activities, including transhipment, are subject to the control of the
Fisheries Inspectorate (Article 68). Fishing vessels, subject to a
multiannual fishery plan, are prohibited to tranship their catch on
board of another fishing vessel, if the catch has not been weighted before
according to the provisions of the law. Exemptions may be ordered by the
Minister (Article 99). The Council of Ministers approves the
national control programme (Article 100).
Vessels
with a total length of 10 m or longer must keep a logbook on board to report on
all operations. The logbook specifically contains the amount of all species
caught and kept on board, for over 50 kg of live weight, or whenever possible
the number of species caught. The allowable tolerance limit in the catch records
of the fishing vessel is 10 percent for each kilograms of fish on board for all
types of species.
Fishing
vessels authorized to conduct professional fishing operations in Albanian waters
must be marked in compliance with the FAO Standards Specifications
for the Marking and Identification of Fishing Vessels (Article 39 of
Fisheries Regulations No. 1 of 2005).
The
captain or owner of the fishing vessel with a total length of 10 m or longer, or
its representative, completes the landing declaration including
information on the amount of species to be landed (Article 75). The
captain or owner of the vessel is responsible for the accuracy and validity of
the data in the landing declaration (Article 74). Provisions on
Illegal, Unregulated and Unreported (IUU) fishing are established under
Article 117: exporting, importing or launching into market IUU fish
product is prohibited. Fish products may only be traded, exported or imported
accompanied by a catch certificate (Article 118).
The
duties, the rights and the reports of fishery inspectors are set in
Articles 121 to 124.
Article 125 creates and regulates fishery
observers (monitoring capture, handling, and processing of water
resources and related activities and record data related to these activities,
collecting and recording biological information and other information related to
the activity regulated by this law, collecting samples of water resources where
fishing activity has been carried out).
c)
Vessel monitoring system
Concerning the Vessel Monitoring System (VMS), fishing vessels with a total
length of 12m or longer shall have on board a device that enables their
immediate automatic identification or localization at regular intervals of time,
through transmission of data about the respective location from a satellite
system. Such vessels shall not conduct fishing activities without being equipped
with the appropriate device for automatic identification and localization. IMOC
communicates to the appropriate authority of another state the data of any
Albanian ship fishing in the waters of that state (Article 72).
The
captains or owners of fishing vessels with a total length of 12m or longer have
the obligation to electronically record and transmit catch data from the fishing
logbook to the IMOC at least once in 24 hours (Article 77). It is
considered as IUU fishing, under
Article 117(1)(b), when a vessel does
not respect the obligations related to the recording and disclosure of data on
catch, including data that are transmitted via satellite or prior notification.
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