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Access regimes to
fisheries resources |
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Principle
Use of any
fishing vessel, whether national or foreign, for professional fishing in
Albanian waters is subject to a licensing system. Likewise, “any other entity”
wishing to conduct professional fishing operations within Albanian waters
without using any vessel is required to first obtain a fishing license (Article 15.1
of Law No. 7908 of 1995). It should be noted that the term professional
fishing is defined as encompassing all types of fishing operations for
economical purposes, thus including both industrial and artisanal fishing (Article
3.c
of Law No. 7908 of 1995). In Albania, industrial fishing means all forms of
professional fishing by means of trawl nets or purse seine nets, whereas artisanal fishing covers all forms of professional fishing by means of fixed or
selective fishing gear such as hooks, fixed nets, mrezhat or njicat (Article
1.2 of Fisheries Regulations No.1 of 1997).
No person can use an Albanian vessel to fish outside Albanian waters without
having first obtained a special authorization to do so (Article 16.3
of Law No. 7908 of 1995). A special authorization can be granted only to a vessel that
complies with seaworthiness and safety requirements. In addition, prior to
granting a special authorization to a vessel which was previously registered in
a foreign country, the competent authority must give due consideration to the
vessel past behaviour in order to determine whether it has breached the law of
that country and/or undermined international conservation and management
measures on the high seas. In case the vessel is reported as a frequent violator
of fisheries laws and regulations of third countries and/or of international
conservation and management measures on the high seas, it shall be denied the
granting of a special authorization, except where the owner or the master of the
vessel has no connection with the previous owner or master of the vessel (Article
60 of Fisheries Regulations No. 1 of 1997).
A license is also required for any person wishing to undertake any activity
related to fishing, including transportation of fish or other aquatic species or
any other supporting activities such as refuelling or supplying of a fishing
vessel. However, related fishing activities do not include fish processing (Article
17 of Law No. 7908 of 1995).
Access to fisheries resources within Albanian waters by foreign fishing vessels
is authorized:
-
(a) through fisheries access agreements concluded between governments of other
countries or international fishing organizations and the Republic of Albania; or
-
(b) in cases where the issuing of fishing licenses to foreign fishing vessels:
-
(i) is considered beneficial for Albanian economy, in particular where the
applicant is committed to undertaking investments in the fishery sector;
-
(ii) is viewed as necessary to ensure sustainable use of fishery resources,
taking into account the capacity of the national fishing fleet and its
development;
-
(iii) complies with the objectives of the fishery and aquaculture administration
plan and with those of the Albanian policy on foreign investments (Article 19.1
of Law No. 7908 of 1995).
No licenses can be issued to foreign fishing vessels in a co-management area
unless it is expressly provided for in the relevant co-management plan (Article
19.4 of Law No. 7908 of 1995).
In fisheries co-management areas, licensing is contingent upon decisions made at
the local level as reflected in the fisheries co-management plan (Article 31/18
of Law No. 7908 of 1995).
Types of licences
A
professional fishing license may be issued in respect of a fishing vessel or an
individual for the use of a specific fishing gear, in particular fixed or
stationary gear. In Albania, lawmakers have made a distinction between fishing
vessels equipped with a deck and those with no deck. A separate fishing license
is required for each vessel equipped with a deck whereas a single fishing
licence may be granted for the use of several vessels with no deck provided that
their names are specified in the license (Article 27 of Fisheries Regulations
No. 1 of 1997).
Prerequisites to
application
To be
eligible for a professional fishing license, every individual or every fishing
vessel in respect of which such a license is sought must first comply with
registration requirements provided for under
Fisheries Regulations No. 1 of
1997.
Application
Where
applying for a professional fishing license, any individual or owner of a
fishing vessel must submit an application form[1] to the Directorate of Fisheries
together with a certificate of registration (fishing vessel) issued by the Port
Authority[2] and a certificate of seaworthiness issued by the Sea Register[3], if
applicable (Article 28.2 of Fisheries Regulations No. 1 of 1997). The application must be submitted to the Directorate of Fisheries at least one month
prior to the Licensing Board next meeting (Article 29 of Fisheries Regulations
No. 1 of 1997).
Issuance
Licenses
for professional fishing are issued by the Minister responsible for fisheries on
the proposal of the Licensing Board. The Licensing Board, which consists of at
least five members of the Directorate of Fisheries appointed by the Minister
responsible for fisheries, reviews license applications submitted to the
Directorate of Fisheries together with the required documents in order to
determine whether all requested information have been provided. Upon approval,
the Licensing Board proposes to the Minister the names of individuals and
vessels to which a license for professional fishing can be issued (Article 31 of
Fisheries Regulations No. 1 of 1997).
In order to renew a professional fishing license, the holder of the license must
submit an application form to the Directorate of Fisheries together with the
requested statistical data. Failure to provide such data would result in refusal
to renew the license (Article 32 of Fisheries Regulations No. 1 of 1997).
Licence
Fees
In Albania,
annual license fees are determined in relation to the vessel’s engine power and
the type of gear used on board (Law No. 8435 of 28 December 1998, modified with
Law 8713 of 15 December 2000). A distinction is drawn between vessels operating
in coastal areas (internal waters, shallow waters) and those operating further
out to sea.
Transfer
Transfer of
a professional fishing license is subject to an authorization from the
Directorate of fisheries. Such a transfer can be allowed only in the event that:
(a) the vessel to which the license was issued has ceased to operate; and (b)
the vessel to which it is to be transferred presents similar technical
characteristics (Article 35 of Fisheries Regulations No. 1 of 1997).
Conditions
When
issuing or renewing a professional fishing license, the Minister responsible for
fisheries may impose conditions on the use of the license with respect to,
inter alia, fishing zones, fishing gear that can be used, information and
statistical data to be provided and the boarding of observers.
Duration of
licence must be specified therein
Albanian
fishing vessels in respect of which professional fishing licenses have been
issued are required to employ Albanian crews (Article 16 of Law No. 7908 of
1995).
Cancellation
A
professional fishing license is automatically cancelled where the fishing vessel
in respect of which it was issued ceases to operate for a period exceeding three
months (Article 36 of Fisheries Regulations No. 1 of 1997).
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Scientific research authorization
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The carrying out of scientific research activities within
Albanian waters is subject to an authorization from the Ministry responsible for
fisheries on the advice of the Commission for Scientific and Technological
Coordination
(Article 10 of Law No. 7908 of 1995). No entity other than those officially
recognized as research entities by the Minister responsible for fisheries are
entitled to apply for a scientific research authorization (Article 11 of Law No.
7908 of 1995). In order to qualify as a research entity, the applicant must be a
legal entity and show evidence that its staff satisfies qualification
requirements in the relevant fields of expertise (Article 15 of Fisheries
Regulations No. 1 of 1997).
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No license is required for sport fishing unless a vessel is used
to conduct such fishing operations (Article 23 of Law No. 7908 of 1995). Sport fishing licenses are issued to sport fishing associations or interested persons
provided that they show evidence that they meet qualification requirements to
carry out sport fishing activities. A licensed association or person may be
authorized under the same license to use several vessels. Areas of activity are
specified in the license (Article 56 of Fisheries Regulations No. 1 of 1997).
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Definition of terms |
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Inclusion of definitions of key concepts and terms in basic fisheries
legislation is primarily designed to facilitate the good understanding of the
Act and thus avoid any problem of interpretation in implementing the provisions
of this Act. In addition, it enables lawmakers to modify (restrict or broaden)
the meaning of common words for the specific purpose of the Act 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, foreign vessel.
Inclusion of definitions of key concepts and
terms in basic fisheries legislation is primarily designed to facilitate the
good understanding of the Act and thus avoid any problem of interpretation in
implementing the provisions of this Act. In addition, it enables lawmakers to
modify (restrict or broaden) the meaning of common words for the specific
purpose of the Act 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, foreign vessel.
In Albania, lawmakers have combined the
definitions of both terms waters of the Republic of Albania and aquatic
species to determine the scope of Law No. 7908 of 1995. The geographical
scope of the law, which is defined by the former, extends to both maritime and
inland waters under national jurisdiction thus indicating that the law is
conceived to regulate both marine and inland fishing activities. Territorial
jurisdiction over fisheries resources may also extend to “any other area
reserved exclusively for the Republic of Albania” beyond Albanian territorial
waters. The latter determines the species that are covered by the law. The term
aquatic species, provided for under Article
3.d of Law No. 7908 of 1995, is broadly defined as it covers both aquatic fauna and flora, whether living or
dead, at every stage of their life cycle. It includes “fishes, crustaceans,
shellfishes, corals, sponges, amphibians, aquatic reptiles, aquatic mammals and
other species, except fowls”. By excluding fowls from the definition, lawmakers
make clear that the law also applies to aquatic birds.
The concept of fishing, which is defined as “every activity conducted for
catching or collecting aquatic species, except those resulting from aquaculture
activities irrespective of the means used and catch results” (Article
3.b of Law No. 7908 of 1995), is strictly limited to the taking and harvesting of aquatic
species thus excluding the searching for fish from fishing activities.
The definition of the term vessel is crucial especially in countries where
access to fisheries is based on a licensing system linked to the vessel.
Albanian basic fisheries law contains three definitions related to this concept,
namely navigating vessel, Albanian vessel and foreign vessel.
It is interesting to note that no definition of fishing vessel is
provided for under the law. The term navigating vessel covers the entire
range of ships, boats or floating devices used for navigation purposes (Article
3rd of Law No. 7908 of 1995). Since Albanian and foreign vessels are subject to
separate legal regimes, it was necessary to include a precise definition of both
these terms. To be regarded as an Albanian vessel for fisheries purposes, a
vessel must be owned by:
-
any physical persons with Albanian citizenship
living in Albania;
-
any juridical persons, established in the
Republic of Albania in conformity with legislation in force;
-
any other entity distinct from a juridical
person, including exclusively physical persons with Albanian citizenship, living
in Albania and registered in conformity with legislation and regulations in
force (Article 3a of Law No. 7908).
Vessels that do not meet the above-mentioned
criteria fall into the category of foreign vessels.
Professional fishing entails all fishing activities for economical
purposes and includes both industrial and artisanal fishing activities.
Differentiation between industrial and artisanal fishing is based on the type of
fishing gear used by the license holder. All forms of trawling and purse seining,
irrespective of the technical characteristics of the nets that are used, are
regarded as industrial fishing activities. Artisanal fishing on the other hand
covers all forms of fishing activities by means of fixed or selective gear such
as hooks, fixed nets, mrezhat and njicat (Article 2 of Fisheries
Regulations No. 1 of 1997).
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Conservation and management measures |
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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.
a) National fisheries plans
Law No. 7908 of 1995 establishes two planning instruments for
the conservation, management and development of fisheries resources, namely the
Fishery and Aquaculture Administrative Plan and the Fisheries and Aquaculture
Development Plan (Articles 8 and 9).
The Fishery and Aquaculture Administrative Plan, which is
conceived as a dynamic instrument, aims to ensure that fishing effort is
commensurate with available fisheries resources. To this end, the plan
determines: (i) on the basis of the scientific evidence available, the state of
fisheries resources in Albanian waters; (ii) the objectives to be achieved; (iii)
fishing methods and gear to be used in relation to fishing areas and target
species; (iv) the number of licenses to be issued in respect of fishing areas
and/or species; (v) other restrictions to fishing (Article 10 of Fisheries
Regulations No. 1 of 1997). It is prepared and reviewed periodically by the
Directorate of Fisheries on the advice of the Central Consultative Commission
for Fishery and Aquaculture[4]
(Article 8 of Law No. 7908).
The Fishery and Aquaculture Development Plan is a financial
instrument designed to allocate funds available in a manner consistent with the
objectives set out in the Fishery and Aquaculture Administrative Plan.
b) Co-management plans
Law No. 8870 of 21 March 2002 amending the basic fisheries law
provides for the establishment of fisheries co-management areas. On the written
request of a fisheries management organization[5],
the Minister responsible for fisheries may designate any area within Albanian
waters to be a fisheries co-management area. In such an area, one or more
fisheries management organizations are involved in the devising of conservation
and management measures, licensing and enforcement. Within twelve months of the
designation of a co-management area, a fisheries co-management plan for the area
must be prepared jointly by the Directorate of Fisheries and the relevant
fisheries management organization(s). Such a plan must: (i) contain an analysis
of the state of the fisheries; (ii) identify the short, medium and long term
objectives; (iii) define strategies to achieve identified objectives; (iv)
identify sources of funding for implementing and enforcing management measures;
(v) contain performance indicators and formal review mechanism; and (vi) comply
with any national fisheries management plan (Article 31/16).
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a)
Fishing effort and capacity
Based on the decisions made
in the framework of the Fishery and Aquaculture Administrative Plan, the
Minister responsible for fisheries sets out annually the maximum number of
licenses that can be issued for commercial fishing in Albanian waters. He/she
may, under special circumstances, modify that number even if his/her decision
conflicts with the provisions of the Fishery and Aquaculture Administrative
Plan. In fisheries co-management areas, the number of fishing licenses to be
issued therein is determined in the fisheries co-management plan (Article 15 of
Law No. 7908 of 1995).
No fishing license can be issued to foreign vessels for the taking of demersal
species by means of trawl nets or for the harvesting of bivalve molluscs (Article
20 of Law No. 7809 of 1995).
It can be inferred from Article 24.1a, prohibiting fishing in excess of set
quantities of fish, that Total Allowable Catch (TAC) and/or individual quotas
can be determined in fisheries management plans.
No license permitting the use of trawl nets can be granted to any vessel whose
engine power is more than 600 Hp and less than 150 Hp (Article 52 of Fisheries
Regulations No. 1 of 1997).
In order to ensure that they make effective use of their fishing rights, license
holders are required to meet minimum annual production requirements set out in
the regulations. These requirements are determined in relation to the engine
power of the vessel in respect of which the license has been issued. They are as
follows (Article 50.1 of fisheries Regulations No. 1 of 1997):
- 500 kV of fish for vessels over 500 Hp;
- 400 kV for vessels more than 300 Hp but less than 500 Hp;
- 300 kV for vessels more than 200 Hp but less than 300 Hp;
- 250 kV for vessels less than 200 Hp.
Failure to meet minimum production requirements will result in the license being
modified (Article 50.2 of the Fisheries Regulations No. 1 of 1997).
b) Prohibited fishing zones
The Minister responsible for fisheries may designate areas in which any kind of
fishing activities is strictly prohibited (Article 40.1 of Fisheries Regulations
No. 1 of 1997).
Fishing is prohibited within a one-kilometre radius measured from the point
where rivers empty into the sea and within a two-kilometre radius for the Buna
River (Article 40.2 of Fisheries Regulations No. 1 of 1997).
Fishing is strictly prohibited in channels linking lagoons to the sea and within
a two-kilometre radius measured from the point where the channel meets with the
sea (Article 42.1 of Fisheries Regulations No. 1 of 1997).
c) Fishing gear
It is prohibited to use an attractive tart for fishing: (i) at depth less than
30 m; and (ii) in the Bay of Vlora (Article 41 of Fisheries Regulations No. 1 of
1997) and any attractive tart in the form of gabiesh and dragash (Article 53 of
Fisheries Regulations No. 1 of 1997).
Minimum mesh sizes of nets are set out as follows:
- 40 mm for trawl nets (cod end);
- 16 mm for koshilok used to catch sardines, acuga and other small pelagic fish
(cod end);
- 20 mm for koshilok used to catch sardines, acuga and other small pelagic fish
(in other parts of the net); and
- 48 mm for surrounding trate used to catch cironka in coastal areas (Article 54
of Fisheries Regulations No. 1 of 1997).
d) Fishing methods
Use of explosives, chemicals, poisonous substances or electrical devices for
fishing purposes is strictly prohibited (Article 24.1b of Law No. 7908 of 1997).
e) Juveniles
The taking of eggs, spawns, larvae, fingerlings or juveniles is prohibited
without a special authorization to do so (Article 24.1a of Law No. 7908 of
1995).
f) Minimum size
It is strictly prohibited to fish and sell any aquatic species less than the
minimum regulatory size as set out in
Article 48.1 of Fisheries Regulations No.1
of 1997 (Table 2).
Table 2 summarizing minimum size of aquatic species[7]
|
Species (local or common name) |
Species (scientific name) |
Sminimun size in cm or minimum weight in kg |
| 1. FISH |
|
|
| Merluc |
Merluccius merluccius
|
20 cm |
| Merluci tripendesh
|
Microsistius spp., Trisopterus spp., Gaidropsarus
spp. |
20 cm |
| Seabass |
Dicentrarchus labrax
|
25 cm |
| Mullet |
Mugil spp., Liza spp., Chelon spp.
|
20 cm |
| Seabream |
Sparus aurata
|
20 cm |
| Pagria |
Pagrus pagrus
|
20 cm |
| Saragojte |
Diplodus spp.
|
15 cm |
| Spalcat |
Pagellus spp.
|
12 cm |
| Dentalet |
Dentex spp.
|
25 cm |
| Vopa |
Boops boops
|
10 cm |
| Salpa |
Sarpa salpa
|
12 cm |
| Barbunet |
Mullus spp.
|
11 cm |
| Kerrat |
Epinephelus spp., Polyprion spp.
|
45 cm |
| Korbet |
Sciaena spp., Umbrina spp.
|
25 cm |
| Stavridat |
Trachurus spp.
|
12 cm |
| Gofat |
Seriola spp.
|
30 cm |
| Ame |
Lichia amia
|
30 cm |
| Skumret |
Scomber spp.
|
20 cm |
| Pallamidi |
Sarda sarda
|
30 cm |
| Sardines |
Sardina pilchardus
|
10 cm |
| Acuga |
Engraulis encrasicholus
|
10 cm |
| Sardinela |
Sardnella aurita
|
12 cm |
| Shproti (papalina)
|
Sprattus sprattus
|
10 cm |
| Kublat |
Alosa fallax
|
20 cm |
| Maridhat |
Spicara spp.
|
8 cm |
| Ton |
Thunnus thynnus
|
70 cm |
| Alalunga ton |
Thunnus alalunga
|
40 cm |
| Tonili |
Euthynnus alletteratus
|
30 cm |
| Peshku shpate |
Xiphias gladius
|
100 cm |
| Peshku pellumb |
Mustelus spp.
|
30 cm |
| Sharks |
Squalus spp., Scyliorhinus spp., Prionace spp. |
40 cm |
| Rajat |
Raja spp. |
30 cm |
| Skathinat |
Squatina spp.
|
40 cm |
| Electric fish |
Torpedo spp.
|
30cm |
| Ngjale deti |
Conger conger
|
30 cm |
| Peshqit kitare |
Rhinobatos spp.
|
30 cm |
| Gjuhezat |
Solea spp.
|
20 cm |
| Shojza |
Platichthys flessus
|
15 cm |
| Shkotrat |
Bothus spp., Arnoglossus spp.
|
30 cm |
| Rombet |
Scophthalmus spp., Psetta spp., Lepidorhombus spp. |
30 cm |
| Jatagani |
Lepidopus caudatus
|
40 cm |
| Shtiza |
Sphyraena spp.
|
25 cm |
| Peshku kovac |
Zeus faber
|
15 cm |
| Peshk gjel |
Trigla spp., Aspitriglia spp.
|
15 cm |
| Lopa e detit |
Lophius piscarorius
|
30 cm |
| Aterinat |
Atherina spp.
|
8 cm |
| Ngjala |
Anguilla anguilla
|
25 cm |
| Trofta ylberi |
Onchorhinchus mykias
|
25 cm |
| Trofta e eger |
Salmo trutta
|
20 cm |
| Koran |
Salmo letnica
|
25 cm |
| Belushka |
Salmothymus ohridanus
|
15 cm |
| Gjuca (cironka) |
Alburnus spp.
|
10 cm |
| Njila (skobuzi) |
Chondrostoma spp.
|
15 cm |
| Skortet |
Rutilus spp.
|
12 cm |
| Mustaket |
Barbus spp.
|
25 cm |
| Mrenat |
Cobitis spp.
|
25 cm |
| Mlyshet |
Leuciscius spp.
|
15 cm |
| Bordullaket |
Gobius spp.
|
15 cm |
| Karaset |
Carassius spp.
|
15 cm |
| 2. CRUSTACEANS
|
|
| Karkaleci I detit
|
Panaeus kerathurus
|
7 cm |
| Karkaleci violete
|
Aristeus antennatus
|
7 cm |
| Karkaleci I kuq |
Aristaemorpha foliacea
|
6 cm |
| Karkaleci I bardhe
|
Parapenaeus norvegius
|
10 cm |
| Skampi |
Nephrops norvegicus
|
30 cm |
| Homaret (asticet)
|
Homarus spp.
|
30 cm |
| 3. CEPHALOPODS
|
|
| Kallamaret |
Loligo spp.
|
25 cm |
| Totanet |
Ilex spp. |
30 cm |
| Sepia |
Sepia officinalis
|
20 cm |
| Octopus |
Octopus vulgaris
|
0.5 kg |
| 4. MOLLUSKS[8] |
|
| Midhja |
Mytilus galloprovincialis
|
5 cm |
| Vongola |
Venus gallina
|
2.3 cm |
| Tartufi I detit |
Venus verrucosa
|
2.7 cm |
| Telini |
Donax trunculus
|
2.2 cm |
| Vongola verace |
Ruditapes decussatus
|
3.6 cm |
| Vongola filipine |
Ruditapes semidecussatus
|
3 cm |
| Ostrea |
Ostrea spp.
|
6 cm |
| Bicaku |
Solen spp.
|
8 cm |
| Freskorja |
Pecten jacobeus
|
10 cm |
| Fasolari |
Challista chione
|
6 cm |
Incidental catch of undersized individuals of sardines,
acuga, papalina and cironka can make up to 20% of total catch
where such individuals are caught by means of purse seine nets, provided that
they are not less than 7 cm (Article 48.2 of Fisheries Regulations No. 1 of
1997).
Incidental catch of undersized bivalve molluscs is tolerated
insofar as it does not represent more 10% of the total catch (Article 2.3 of
Fisheries Regulations of 2000).
g)
Protected species
It is prohibited, at any time, throughout Albanian waters to
take any individual of the following species: sturgeons (Acipenser atirio,
Acipenser nacarili), njila (Chrondrostoma spp.), sharks (Cetorhinus
maximus, Carharodon carcharias), lopa e detit (Mobula
mobular) and bivalve mussels (Litophaga lithophaga). Likewise, no
person is allowed for whatever purposes to take any sea mammals, including
dolphins, whales and seals, within Albanian waters (Article
45 of Fisheries Regulations No. 1 of 1997).
The taking of coral and sponges is prohibited at any time
throughout Albanian waters, except for scientific research purposes (Article 22
of Law No. 7908 of 1995).
h)
Fishing seasons
Closed seasons for V-shaped traps, also known as
lavoriero, are set as follows (Article 43 of Fisheries Regulations No. 1 of
1995):
-
from 15 March to 31 August in Shkodra
-
from 15 March to 30 September in Viluni and Patogut
-
from 10 March to 31 July in Merxhan and Ceka
-
from 5 March to 5 May in Karavasta
-
from 10 February to 10 April in Narta
-
from 15 March to 15 June in Orikum
-
from 1 April
to 30 June in Butrint
i)
Bivalve molluscs
In 2000, the Minister responsible for fisheries adopted
fisheries regulations governing the taking of bivalve molluscs.
In order to ensure the sustainable use of bivalve mollusc
resources within Albanian waters, the Ministry responsible for fisheries imposed
technical restrictions on the vessels to be used in this fishery. No vessel
other than those complying with the following technical features can be granted
a license for the harvesting of bivalve molluscs (Article 5.1 of Fisheries
Regulations of 2000):
-
length of vessel between perpendicular lines must not exceed 10 m;
-
vessel’s engine power must not be more than 100 Hp;
-
vessel’s GRT must not exceed 10 t;
-
vessel’s propeller must not be fitted with a mantle.
No “turbosofiante”-type fishing gear can be used for collecting
bivalve molluscs (Article 5.2 of Fisheries Regulations of 2000).
Closed seasons for bivalve molluscs fishing are set as follows (Article
6 of Fisheries Regulations of 2000):
-
from 15 June to 15 July for Venus gallina, Kardium and
Challista chione;
-
from 1 April to 30 September for Kanoliket;
-
from 1 to 30 April for Donax trunculus; and
-
from 1 June to 31 July for Venus verrucosa.
Daily bag limits are imposed on both vessels and individuals (where
the collecting of bivalve molluscs does not involve use of a vessel). They are
set as follows (Article 7 of Fisheries Regulations of 2000):
(i) with respect to vessels:
-
600 kg for Venus gallina and Kardium (combined total);
-
500 kg for Challista chione;
-
100 kg for Donax trunculus;
-
300 kg for koce polse, muscoli and kanestreli (combined
total); and
-
100 kg for Ostrea spp.
(ii) with respect to individuals:
-
5 kg for Solen spp.;
-
50 kg for Challista chione;
-
20 kg for Pecten jacobeus;
-
50 kg for Mytilus galloprovincialis;
-
30 kg for Ostrea spp.;
-
10 kg for Venus verrucosa;
-
20 kg for Donax trunculus;
-
10 kg for Venus gallina;
-
10 kg for Ruditapes semidecussatus; and
-
5 kg for Ruditapes decussatus.
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Sport fishing activities within Albanian waters are strictly
regulated. Conduct of such activities is subject to all restrictions applying to
professional fishing with regard to, inter alia, minimum fish sizes and
closed seasons. In addition, the following restrictions and prohibitions apply
to sport fishing:
a)
Fishing gear
As a general rule, it is prohibited in the conduct of sport
fishing operations to use any nets and any other fishing gear commonly used for
professional fishing. No gear other than hooks, parangalle and spear guns
can be used for sport fishing. A fishing pole cannot be fitted with more than 5
hooks (Article 58 of Fisheries Regulations No. 1 of 1997). Use of spear guns is
subject to an age limit (no individual less than 16 years old), to area
restrictions (cannot be used within 50 m from professional gears and in marine
protected areas) and to technical restrictions (cannot be used in conjunction
with a self contained underwater breathing apparatus) (Article 23 of Law No.
7908 of 1995 as modified by Article 6 of Law No. 8870 of 2002).
b)
Daily bag limits
It is prohibited to fish more than 3 kg of fish per day, except
in cases where the weight of a single individual exceeds that limit (Article
58.1d of Fisheries Regulations No. 1 of 1997).
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Monitoring, control and surveillance |
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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.
a) Register
Law No. 7908 of 1995 provides for the establishment of a register of
professional fishers and a register of fishing vessels (Articles 12 and 13).
While the General Directorate of Fisheries keeps a general register of
professional fishers recording all persons engaged in professional fishing
throughout Albanian waters, the regional offices of the Fishery Inspectorate
maintain regional registers of professional fishers operating within their
respective area of jurisdiction. The register of professional fishers consists
of two parts, one dealing with fishers using vessels equipped with a deck and
the other with fishers fishing using vessels without deck or involved in fishing
activities not requiring the use of any vessel. Information to be shown in the
register of professional fishers includes any reported violation of any
fisheries law or regulation together with the penalties that were imposed (Article
17 of Fisheries Regulations No. 1 of 1997). Any person wishing to engage in
professional fishing within Albanian waters is required to be registered (Article
19 of Fisheries Regulations No. 1 of 1997). It should be noted that professional
qualifications might be required for any person wishing to register as a
professional fisher (Article 24 of Fisheries Regulations No. 1 of 1997). Application is made to the General Directorate of Fisheries, which reviews the
application form together with other required documents (Article 18 of Fisheries
Regulations No. 1 of 1997). Upon approval, a registration card is issued to the
applicant who must carry it with him/her at all times and must show it to
fisheries inspectors where required to do so (Article 20 of Fisheries
Regulations No. 1 of 1997). Registration is automatically terminated in the
event of: (i) the registered person’s death; (ii) illness or injury preventing
the registered person from continuing his/her fishing activity; (iii) and
interruption of fishing activity for a period exceeding three years. In addition,
a person’s registration may be terminated for breach of law on the request of a
fishery inspector (Article 23 of Fisheries Regulations No. 1 of 1997).
The General Directorate of Fisheries keeps a general register of fishing vessels,
whereas offices of the Fishery Inspectorate at the district level maintain local
registers of fishing vessels. Registers consist of two parts dealing
respectively with fishing vessels equipped with a deck and with coastal vessels
without deck, regardless of their means of propulsion. Information to be entered
in the registers includes vessels’ technical characteristics (Article 25 of
Fisheries Regulations no. 1 of 1997). It is interesting to note that, in
Albania, licensing of fishing vessels appears to be a prerequisite to fishing
vessels’ registration whereas it is usually the other way around (Article 26 of
Fisheries Regulations No. 1 of 1997)[9].
b) Marking
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 38
of Fisheries Regulations No. 1 of 1997).
c) Landing of catch
All Albanian and foreign fishing vessels authorized to engage in professional
fishing within Albanian waters are required to land their catches in an Albanian
fishing port (Article 21 of Law No. 7908 of 1995).
d) Data collection.
Every fishing license holder is required to submit, on a monthly basis,
statistical data in prescribed form[10] to the competent regional office of the
Fisheries Inspectorate (Article 25 of Law No. 7908 of 1995 and
Article 61 (1) of
Fisheries Regulations No. 1 of 1997). In addition, license holders must complete
annual statistical data in prescribed forms[11] to be submitted to the competent
authority (Article 61 (2) of Fisheries Regulations No. 1 of 1997). Any license
holder who fails to report required information or falsifies this information is
liable to a fine ranging from 10 000 to 50 000 leks (Article 39 (16) of Law No.
7908 of 1995).
e) Observers
The Ministry responsible for marine fisheries may impose to any professional
fishing license holder the taking of observers on board the vessel for the
purpose of collecting scientific data (Article 16 of Law 7908 of 1995). License
holders have a duty to allow designated observers to stay on board the vessel
and must facilitate the carrying out of their mission (Article 37 (1d) of
Fisheries Regulations of 1997).
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[1] A model is
annexed in appendix 1 of the Fisheries Regulations No. 1 of
1997.
[2] The terminology
used in the English translation of
Article 28.2.b of Fisheries
Regulations No. 1 of 1997 is “Headquarters of the Port”.
[3] The terminology
used in the English translation of Article 28.2.c is “a
certificate of sailing from the Sea Register”.
[4] The Central
Commission for Fishery and Aquaculture consists of 22 members
out of which 4 represent professional associations involved in
professional fishing, aquaculture, fish processing and fish
marketing.
[5]
Law No. 8870 of
21 March 2002 introduces the concept of fisheries management
organization. Fisheries management organizations are established
pursuant to Article 26 of the Civil Code of the Republic of
Albania to manage a fishing port or landing site or participate
in the co-management of fisheries resources (article 31/1).
[6] Referred to as
professional fishing in Albania.
[7] Some freshwater
species may have been included in Table 2.
[8] Minimum sizes
for species of bivalve molluscs are set out in
Article 2 of
Fisheries Regulations of 2000.
[9] According to the
English translation made available to the consultant,
Article 26
of Fisheries Regulations No. 1 of 1997 stipulates that “the
registration in the register of the fishing sailing means is
done after the issuing of the corresponding fishing license. The
means, which are not equipped with a fishing license, are not
registered in the register”.
[10]
Fisheries
Regulations No. 1 of 1997 establish 6 categories of forms in
relation to various types of fishing, including trawling and
purse seining. Samples of these forms are
annexed to Fisheries
Regulations No. 1 of 1997.
[11] Samples of
these forms are
annexed to Fisheries Regulations No. 1 of 1997.
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