Prot. No. 1179

REPUBLIC OF ALBANIA MINISTRY OF AGRICULTURE AND FOOD FISHERY DIRECTORATE

Regulation No 1 date 29.03.2005

For application of the legislation on fishery and aquaculture


 

 

Based  on article  102, point  4 of Albanian  Constitution, of the law No 7908, date 5.4.1995 “For  fishing and aquaculture,  changed  by the Law Nr. 7780, date 21.3.2002, “For  some supplements   and   changes    in   th la No   7908,   date   5.4.1995   “For    fishing   and aquaculture by  the  proposal of  Fishery  Directorate, Minister  of  Agriculture and  food issues  this regulation.

 

 

 

 

Chapter I GENERAL PROVISIONS

 

 

 

ARTICLE 1

 

Definitions:

I. in the meaning of this regulation:

 

1. Fishing  boat is whatsoever boat equipped for industrial fishing of live water resources, including upholding boats and every other boat involved in fishing activity.

2. Fishery  Management  Authority is legal entity (MoA.F) appointed by the law to carry out the duties of fishery management.

3. Fishery  Coo management  is such fishery resource management form, where the responsibilities/competencies are separated between state and local users (organizations). The institutional coo-management process can be of a different form in regard to a responsibilities/ competencies.

4. Biodiversity is a variety of live organisms that are part of ecosystems and ecological complexes destined, i.e. marine ecosystem, terrestrial etc.

5. Live  water  resources are the marine and inland water species, disponible and accessible, including anadromus and catadromus species.

6. Dispositiv for fish concentration- DFC is every floating tool capable to concentrate in the under down area fingerlings and mature individuals of the multi migration species.

7. Drag are the implements carried from the boat for mollusks bivalve fishing; are composed from the bag or metallic cage mounted over the solid skeleton with


 

different shape and measures, the under down part is equip by the knife which could be of spherical shape, sharper or cogged and could be equipped or not by the slippery or depressor; there are also hydraulic mechanized avalanches (so called hydraulic avalanches).

8. By the (or under the) “Director” and “Directory means respectively the director and Fishery Directory at Ministry of Agriculture and Food;

9.    With the “personal data”  mean the name and the address of the fishing boats owners.

10. “Discharges” are the components of the fish stock turned back in the sea after catching. Usually, almost of the discharged individuals don’t survive.

11. Fleet is a total number of fishing boats that exploit a certain resource. The fleet can consist in the boats that carry on one type or different fishing types (i.e. trawl, artisanal, pelagic).

12.  “Engine  Power”  means  the  maximal  constant  power  accessible  in  the engine axle that can be used in driving the boat in the mechanically electrically, hydraulically  or  other  way.  When  to  the  engine  is  mounted  the  integrated reducer, the engine power can be measured in the sheet of the reducer transmission apparatus. The unit of the engine power is expressed in Kilowatt (KW). Or horse power (HP).

13. The “length” of a boat means the total length or the distance measured in the direct line from an extreme anterior bow of a boat to extreme posterior of a stearn.

14. The width” means the maximal width measured in the middle crosswise of the boat in the molded line of a door bolt in the boat with metallic board and in the external surface of a speed in a boat with board of whatsoever material (determination from an annex I of International Convention on boat tonnage called as follow “Convention of 1969”, ratified from Albania on 04.03.2003). The total width measured by meters with approximation in centimeters.

15. The “refuses” are the total living weight fish under dimension for sales or however undesirable, throwing in the sea at the catching moment or immediately after.

16. Fishing  intensity is the catch effort by the space unit; i.e. the hours used in a bottom fishing in a certain area.

17. Fishing  capacity  is the fish amount that can be taken from a fishing unit, i.e. from one person, community, fishing boat/fleet, accepted that there is not catch limitation. The boat capacity measurement relies on one formula in regard of boat tonnage and its engine power: length (m) x immersion (m) +0.45 engine power (KW).

18. The Control   includes regulating terms, according to which the resource utilize have to be managed (the conditions, in which the resource exploitation have to be – licensing, the quotas, forbidden period, reporting etc).

19. Effort  control (input).  Is fishery management system, focused in quantity limitation  of  fishery  tools/  time  limit  of  their  using/  catches  fish  quantity restrictions. Here is included the licensing system and days at the sea.

20. Fishing  license  is the authorization given by the competent authority to be carried out a particular fishing activity with a definite boat and conditions.


 

21. Law implies the Law No 7908, date 5.4.1995 “For fishery and aquaculture”;

changed by the law Nr. 7780, date 21.3.2002.

22. The precautionary fishery  management” is the measures taken when is the lack of proper scientific data which will serve to the postponement of management measures in protecting of fishing object species, or coexist with them and/or dependent from them, also the species that are not fishing object as well as their habitats.

23. Biologic conservation measures  are fishery management measures taken for a particular species or certain fish stock as well as for their fishing methodology. Here are included the minimal quantities of their catch, closed areas, catch quotas etc.

24. The supervision includes the qualities and typology of overlooking for the rules application in fishery activities, through exercising regular controls.

25. Overexploitation (over fishing) in general means the situation when the pressure from fishery activity exceed that it might consider optimal level.

26. Fishermanagement  is integrated process of information gathered, analyzing, planning, consultations, decisions, resource distributions, formulating, executions (by constraint if is necessary) of by-laws and regulations that rules fishery activity, with the aim of providing sustainable production of the resources and satisfying a new fishery objectives.

27. “Snapshot” means all of recorded events for the boats that included in the fishing fleet starting from census according annex 1 until the day of data verification.

28. Monitor,  control and supervising (MCS) is an executive arm of fishery management.  MCS  is  not  fishery  protecting,  police  activity  toward contraventions, only landing application, threatening measure, military act or only state responsibility. MCS is a system which becomes active by the fisherman participating and their supporting.

29. Monitoring is a continuously request of catch data collecting, species composition, fishing effort, fish marine discharges, fishing areas/ season. Monitoring include recording and maintaining of this data, which are subject of forward analyses and prognoses.

30. Fish mortality is a technical term which refers to such fish population that is eliminated from fishing activity in a given time.

31. By-mortality is the mortality caused from fishing tools during catch process referring live water resource that escape from the fishing tool. An example is such fish that die from infections or osmotic balance disordering caused from the scales lost from rubbing with the net (trawl net) or sticking in the net (gillnet).

32. “Event” means fishing boat entry and exit from the fishing fleet as well as the modification of any the data’s according annex 1.

33. by the “registry number  NFR (CFR)” means the number in National Fleet

Register similar with Community Fleet Register.

34. Operative  Unit (according GFCM) is used for the fishery effort management purposes and means a group fishing boats that practice the same kind of fishing, fishing the same species or group fishes and have similar economic structure.


 

Fishing boat grouping can be changed by the time and depend from the management objectives that will be implemented.

35. “Gillnets” are the nets build up by a net fixed in upper and bottom part by the rope (upper part by rope and cork, bottom part by rope and lead). This fishing net can be fixed or navigate according the water flow directions.

36. “Organization” means the Fishery Management Organization, founded according article 26 of Civil Code of Albania Republic and article 31/1 of law Nr.

7780, date 21.3.2002 for exercising of fishery activity.

37.  Fisher equipment”  means  all  the  equipments  destined  for  water organisms catching.

38. “Concerned party refers to a person or group, recognized from government/governments that are legally interested on resource conservation and managing. This term is wider than stakeholder term. Speaking in general; the interested party categories, often, will be the same for many fisheries and can include antagonist interests: trading, sportive, conservation/exploitation, artisanal, industrial, fisherman, purchaser, processing, commercial and state. The public and consummators in general, also, can be considering as concerned party in some circumstances.

39. Artisanal fishing means forms of professional fishing with fixed or selective means as hooks (fixed nets), gillnets, uncovered pound nets etc, carried out in marine or inland waters;

40.Ghost  fishing” means describing marine organisms catching by the abandoned fishing gears. This is very serious, in particular, referring to gillnets and entangling nets. As undesired fishing, this can perform a serious problem in many areas, caused mortality in a long timing period.

41. By “Bottom trawl  fishing” means water organisms fishing that live in the water bottom. This kind of fishing realizes by the nets dragged by engine power of destined velocity on the water bottom.

42. Industrial fishing implies the forms of professional fishing of the trawling, pelagic and purse seines.

43. Fixed  or  stationary fishing means fishing with all kinds of means, nets, plastic, wooden or woven fishing rods, etc) which may be fixed or sailing, used to catch water organisms such are fishing traps, barriers, lift nets, uncovered pound nets, etc

44. Pelagic fishing implies the fishing of all the kinds of fish that live in the water level  between  the  bottom  and  water  surface,  big  or  small  ones  (sardines, anchovy, tuna, etc);

45.  Professional  fishin implies  this  fishing  activity  that  uses  made  for economic purposes.

46. Fishing with purse seining  means the fishing of different kind of fishes by the nets that enable the amass fish encircle (sardines, anchovy), amassed for biological causes or not.

47. Sportive  fishing includes fishing activity done for entertainment purposes, resting or sportive.

48. “Referring point is a fixed value concluded by a scientific procedure or by a model which correspond to a resource/ fishery situation that can be use as a


 

management indicator. Some of referent points are general and applicable for many fish stocks, the others could be for specific stocks. A difference should be done between points regarding objectives and points regarding the limit, “doorstep” and can represent critical stock situation.

49. “Coo-management plan”  means a planning for management of coo management area.

50. “Population” means a water live resource that live in a certain management area.

51. “Fishing harbor”  is a fishing specific harbor or bay or specific area within a merchandise harbor, in which offers the services to a fishing boats, together with aquarium, banks, terrestrial area, buildings and proper structures.

52. “Fishing Center”  is a quay, bridge on the sea or wave protecting, in the lagoon or lake which can be used for fishing purposes, together with terrestrial area, buildings and proper structures.

53.”Recruitment” of the stock are the individuals of the new group age population that enter for the first time in the exploited part of the stock or on growing age fishes, otherwise, which make part in the exploited component.

54. By “collecting gears”  are the nets composed from an unique shaped body that stay vertically in water jointed with lead (in bottom) and cork (in surface); it is used to fish live water organisms catches in its mesh; in depends of the lead and cork these nets can be used to fish in water column up to surface (stationary collecting nets/ floating collecting nets) or close to bottom (collecting bottom nets).

55. By “surrounding nets”  means the nets that retain the fish surrounding its edges and the bottom part;

56. “Time-space network” is the assemblage of geographical area in a determine sector and a certain time.

57. The selectivity is a capacity fishing boat measure in selecting and catching of a certain species. The selectivity of a particular fishing gears depend on their capacity to select target species from a variety of water organisms present in the fishing  activity  area.  The  total  selectivity  of  a  certain  fishing  method  is  a combined result of peculiarity characteristics of fishing gear as well as the way of using of applied method.

58. Fishing  effort  is a fishing vessels amount of a same sort used in the same fishing, in the same time unit; i.e. the hours of bottom trawling in a day, the number of hooks drawing in a day or the number of sea-shore nets in a day. When it is used two or more fishing gears each fishing effort should be converted in a standard form before their additions. (The total effort in time unit) = (number of the boats) x (average level of the activity).

59. By the sustainable exploitation means the exploitation of a certain fish population in such way that its future exploitation doesn’t be endangered or having negative effects on water ecosystems.

60. Perennial data’s system is the measurement of changes of a certain parameter in a number of years.


 

61. Exploitation degree applied in a certain fish stock is a part or the amount of a biomass expurgated as a result of fishing. If the biomass is 1000 T and the catches amount during a year is 200 T, the annual exploitation degree is 20%.

62. Target  species  are the principal species that should be cached from a fishing boat or a fishing gear in certain fishing. In pelagic fishing by purse seines this could be unique specie (sardine), while in trawl fishing could be a group species (hake, sole etc).

63. By uncovered pounds  net means the net installation composed by obstacle net (the hand net) which makes the fish way towards a several conical or pyramidal shape rooms in belittling tendency until in the sack. It can be by the pillar or anchors. The uncovered pounds net can be fitted in not much depth waters, lagoons or near the coast.

64. Fish stock is the live recourses in the population from which are taken off the fish caches. Using of a term fish stock usually undermines that the particular population is more or less isolated from the other stocks of the same specie and consequently survive. In a particular fishing the fish stock might be by one or more fish species but here is the intention to include the invertebrates and commercial plants.

65. Aggregating data’s means that the conclusion promulgated from the elaboration of the data from a group of fishing vessels, in a certain period, when is necessary, in a specific geographical area, having in mind extracting of a representative number which make up the whole.

66. The tonnage means the gross tonnage determined by the Annex I of International Convention on a ship tonnage on 1969. The gross tonnage can be determine by the formula GT=K1V where V is the total volume of the closed spaces of a vessel expressed in cubic meter, K1=02+0.21 log10V.

67. By the bottom  trawl means the nets trailed in a active way from the principal engine of fishing vessel, composed from a conical/ pyramidal shape body closed in the end by a sack, which might be prolonged in the opening through the hands or might be mounted in a strong skeleton; the horizontal opening can be done through the steering wheel or from the axe or from the skeleton by the shape and changeable dimensions; these nets can be trailed in the bottom of the sea (trawl) or in the mid-water level (pelagic).

68. Seine nets means the nets by surrounding and hand nets operated handily or trailed from a fishing boat itself by the cable or otter boards in moving or anchored but not from a principal engine, composed from two lateral hands and a central pocket of a spoon shape and in the end with a sack; it can be used in the surface or in the bottom in dependence of the fishing kind.

69. Shallow  seines  or beach seines means the nets by surrounding manner driven from a vessel or boat in the shallow waters that can be operated either from the shore.

70. Inland water includes coastal lagoons, natural lakes, h/power lakes, agriculture reservoirs, rivers and other waters of Albania Republic different from marine waters.

71. Territorial waters are the marine area waters in which the coastal state exercises full authority. Territorial water area extended until 12 marine miles


 

starting from the tide line of a sea side. This definition is determined from the United Nations Conference on the Sea Law (UNCLOS), which foreseen the regulations and management of all live resources as well as defining of Exclusive Economic Zone (EEZ).

72. By trailed gears means each fishing gear that can be trailed or not by the engine power of fishing boat or through tambour’s with anchored boat or in movement by low speed, including in particularly the trawl or dredges.

73. Stock  evaluation is the research and numeric describing of actual situation and past time of a certain fish stock as well as the fishing activity that exploit them, mean the spreading, abundance, the measurement and age structure, fish effort, catch level etc.

74.  Landing   means  the  landing  of  live  weight  of  the  production  (catches according the items).

75. Catch  is the total number or fish weight cached in a certain zone within a certain period. Catch includes also the fish discharges in the sea which is not landed. The catch can be done in different zone with landing zone.

76. Catch  per Unit  Effort  (CPUE) is the total catch taken per each effort unit

(day at the sea, trailing hours).

77.  by catch  is the catch of all other species except those appointed (or target fishing object) as well as the individuals by the little dimensions of those marine species. It is a variety undesirable species (not object), starting from the sponges and corals to the species by dimensions less than those permitted by law, until the turtles, marine mammals etc.

78. ByCo management  Zone”  means a fishing zone, appointed according the article 31/14 of the Law Nr. 8870 of date 21.3.2002, where at least one Fishery Management Organization take place in fishery resource management.

79. By “protected zone”  means a geographical determined area in which is totally/partly forbidden fishing activity, periodically or everlasting or is limitation object by the aim improvement of exploitation and live water resource protecting as well as marine ecosystems protecting.

 

 

 

II. In the meaning of the law and these regulations

1. The initials used in the statistic forms presented in the appendices 11 to

20 mean:

2. SD (daily statistics of sea fishing),

3. SB (daily statistics of inland fishing),

4. SM (daily statistics of bivalve’s cockles),

5. SV (annual statistics in fishery and aquaculture).

 

 

 

Chapter II CONSULTATIVE BODIES

 

ARTICLE 2


 

The Composition of Central Consultative Commission for fishery  and

 

The  central  consultative  commission  for  fishery  and  aquaculture  will  be composed:

a. Minister (chairman)

b. Director (Vice chairman)

c.  Directors  of  other  directorates  of  the  Ministry  (Juridical,  Finance,  Water

Irrigation).

d. Representatives from Environmental Ministry (one person), Local Government

&Decentralization Ministry (one).

e. The director of the Research Fishery Institute

f. The chief of the section of fishing resources and the chief of the inspectorate in

Fishery Directorate (2 persons)

g. Specialists in the field of fishing and aquaculture (4 persons)

h.   Representatives   of   Fishery   Management   Organization   and   production associations.

k.  Representatives  of  fisheries/  aquacultures  professional  associations  which have professional fishing activity, aquaculture /processing industry or marketing of the fish products (3 persons).

 

ARTICLE 3

 

The  composition  of  Local   Consultative  Commissions  for   Fisher and

Aquaculture

 

Near  the  Councils  of  the  districts  Shkoder,  Kukes,  Lezhe,  Durres,  Diber, Gjirokaster,

Elbasan, Fier, Korce, Vlore are created local consultative bodies for fishery and aquaculture which will be composed as:

A. Regional Director of Agriculture and Food Directorate (chairman)

B. a representative of the city municipality and a city council representative

C. The secretary of each Commune which has in its territory an important fishery and aquaculture activity.

D. Specialists of fishing or aquaculture, who will be appointed from the chairman of the

Commission (two or three persons)

E. Representatives of organizations and producer organisms of professional fishing, aquaculture or processing industry of and marketing of fish products (two-to three persons)

F. A representative of the inspectorate of fishery in respective district.

 

ARTICLE 4

 

The   composition   of    Commission   for    Scientific   and   Technological

Coordination


 

The composition of Commission for Scientific and Technological Coordination will be:

A. the director (chairman)

B. the chief of the section of fish resources in the directorate (secretary) C. the director of the Directorate of Science in the Ministry;

D. The director of Fishery Research Institute. E. Two specialists of the Fishery Directorate

F. Two specialist’s Fishery Research Institute.

G. Three specialists from the institutions and private/ public companies in the field of fishing, aquaculture and of other activities related to fishery (mainly from the industry of fish processing)

h. Two representatives of the organizations or unions of producers of the fishing section.

 


 

 

 

Internal regulations


 

ARTICLE 5


 

1. The Central Consultative Commission for Fishery and Aquaculture proceed on the basis of the internal regulations approved by the Minister.

2. The Central Consultative Commission for Fishery and Aquaculture compiles the internal regulations for local commissions, which are also approved by the minister.

 

ARTICLE 6

 

The meeting participation

 

The meeting of every Commission considered valid by over than ½ of membership.

 

ARTICLE 7

 

Meetings of the commissions

1. Meetings of the commissions should be hold as follows: A. the Consultative Commission - every six months

B. the Commission of Scientific Research & Technology Coordination- every three months.

C.  Administrative  Contravention  Examining  Commission  on  Fishery  & Aquaculture.

D.  The  board  of  licenses  of  fishing  and  aquaculture  and  of  activities related to fishing - every month

2. In specific cases as dictated by the job necessities, the chairman of every Commission must call his Commission in a out order meeting. This may be called a special meeting.

 

 

 

ARTICLE 8


 

 

Members without voting  right

 

The  chairman  of  every  above  mentioned  commission  can  invite  in  the commission meetings the administration functionaries or special experts related to the analyzed problems, but they do not have the right of voting

 

CHAPTER III Programming norms

ARTICLE 9

 

The content  of the administrative plan for fishery  and aquaculture

 

1. To achieve sustainable fish exploitation, Fishery Directorate has to prepare a perennial strategy of Fishery & aquaculture Management to foresee perennial planes of fish populations that are in the biological exploitation limits.

2. The application field of administrative plan for fishery and aquaculture should be extended in conservation, management, live water resources and aquaculture as well as in fish processing & trading with the condition that this activities to be in Albania Republic territory or from Albanian fishing boats, based on Law of the Sea of United Nations Convention.

3. The plan of fishery and aquaculture consists on two parts.

4. The first part of the plan of the administration of fishery and aquaculture consists of a section on fishery and a section on aquaculture.

5. The section on fishery aims to determine a suitable level of the exploitation of fishing resources. For this reason the plan deals with:

A. the actual condition of the fishing resources on the bases of the available knowledge;

B. the followed objectives in ensuring   their sustainable exploitation, the methods to be used to achieve these objectives, eventually related to types, forms and different fishing areas, kinds of fish/ fish groups and other water organisms;

C. on the bases of the above mentioned data the trend fish effort will be carried up, for fishing forms and areas, kinds and fish and other water organisms, specifying the proper limitations as well as the limitations on the number of licenses to be issued; the criteria on the bases of which the limitations on issuing licenses will be carried out;

D. Perennial re- stabilization plan adoption that consists in an absolute priority for fish population decreased under maximal limit exploitation. For such fish population should decide, based on the scientific data evidence on fish effort reduction.

E. On the plans that approve after the first one, the conditions and the applications of the previous plan.


 

 

ARTICLE 10

 

 

 

The plan for the development of fishery  and aquaculture

 

1. The plan for the development of fishery and aquaculture has to be periodically adopted and improved on the management plan of fishery and aquaculture base.

2.  The plan for the development of fishery and aquaculture is prepared from the directorate in co-operation with other directorates in the ministry, that consider necessarily because of their relationship in economical aspects, after the approval of the Consultative Commission, this plan will be signed from the Council of Ministers.

3. The plan for the development of fishery and aquaculture distribute the budgetary funds or from other financial sources to the investments and expenses on the public sector; for the scientific and technological research applied in fishing and aquaculture, for the co-operation, undertaking activities, credits on fishery and other eventual intentions.

4. In the plan also are determines the necessary funds for organisms determined by the Law functioning.

 

 

 

CHAPTER IV Scientific research

 

ARTICLE 11

 

 

 

The Ministry supports sector  resource  evaluation  programmer  and  economic situation through:

a.  Biological data collection which include all catches, the refuses as well. b.  Fish  resource  evaluation  for  fish  resource  structure,  apart  from

industrial fishing.

c.  Information gathering on catches capacities & catch effort used.

d. Aquaculture  evaluation  and  its  continuously  monitoring  for  a sustainable development.

e.  Data  performing  on  a  settled  prices  and  the  economic  situation capability of fishing enterprises & processing industry, under best way investigation of such sectors.

 

ARTICLE 12

 

The scientific research authorization.


 

1. The research authorization (according to the article 10 of the law) is prepared from Fishery Directorate, issued with the signature of the minister.

2. The authorization can be issued to well known research entities, based on these regulations as well as to other research institutions, of the country and abroad which satisfy the criteria of a research entity according to article 15 of these regulations.

3. The duration of a research authorization is determined in the document issued for this purpose.

 

ARTICLE 13

 

Scientific Research activities without authorization

 

The authorization to carry out research activity is not necessary:

a. In the case of data gathering or in applicative research carried out during the exercising of an activity and in accordance with professional fishing license with proper license sailing means which serve fishing itself by mentioned sailing means.

b. For the research carried out by an aquaculture farm or fish processing industry within the licensed units and, in general, for technological aspects.

 

ARTICLE 14

 

The research entity recognition.

 

1. Research entity recognition has to be by the minister decision on the basis of the documentation prepared from the directorate and Commission of Scientific Research & Technology Coordination, according to the request presented by private subject.

2. Research entity recognition is done for an indefinite time. It can be cancelled in cases when the provisions of the articles 15 and 16 of these regulations are not respected, as well as in cases when there is law and other by law acts violations.

3. Fishery Research Institute of Durres is a national research entity for fishery and aquaculture.

 

ARTICLE 15

 

The requirements for the research entities  recognition.

 

To have the right of an entity known for research in fishery and aquaculture is necessary:

a. The juridical court decision (juridical subject).

b. the entity must possess personnel with higher education, experts in fishery and aquaculture discipline.

c. The entity must possess the financial means and the equipment for respective research activities.


 

d. The entity must be distinguished for its academic level and its capacity in the research field and in scientific information of fishery and aquaculture processing.

e.  This  entity  has  a  favorable  opinion  from  Commission  of  Scientific

Research & Technology Coordination.

 

ARTICLE 16

 

The recognized research entity obligations

 

1. Every recognized entity is obliged to present to the directorate:

a. Name and address of the registered entity;

b. The object of its activity according to the registration at the court as a juridical subject, of a state or a private one.

c. The names of the authorized experts of the entity, its president, members of the board, etc.

d. The implemented researches or projects done by entity or in co- operation;

e. The request to be acknowledged as an entity specifying the kind of researches that will be carried out from them.

2.  Every recognized research entity is obliged to issue an authorization to the person that works for that entity.

3. Recognized research entity, during its researches and in the end is obliged to present to the directorate the respective report and, whenever asked data regarding it’s carried out research activity.

 

 

 

CHAPTER IV

THE REGISTRATION OF PROFESSIONAL FISHERMEN AND NATIONAL SAILING MEANS REGISTER

 

 

 

ARTICLE 17

 

Register keeping and its format

1. The  register  of professional  fishermen  is  kept  at the  Fishery  Directorate, Fishery Resource Sector and Fishery Management Organization (its manager). The offices of the fishery inspectorate keep the respective register for the areas that they cover.

2. The register of professional fishermen consists of two parts:

a. For the fishermen engaged in marine fishing with fishing boats with a


 

deck;


 

 

b. For the fishermen engaged in fishing with fishing boats without a deck,


 

in marine or coastal waters, or without fishing boats.

3. In the register should be written the violations of law and by law fishing acts and the eventual penalties for every registered person


 

 

 

ARTICLE 18

The request for registration

1. The request for registration in the register of the professional fishermen is made from the interested person himself and is submitted at the directorate. This request have to be accompanied by two photos and other necessary documentation required by that directorate.

2. Fishery Directorate verify the request completion in accordance with the conditions determined by fishery law and regulations and then approves the registration.

 


 

 

 

Registration


 

ARTICLE 19


 

1. In the first registration done after entering in force of this regulation, all the fishermen working in fishing for a period more than one year, without exercising another job, even in the cases when they do not satisfy other criteria for registration, have the right to be registered.

2. For other fishermen, who ask to work as professionals, the registration is a necessity and is done on the basis of the criteria determined in the articles 18 and 20 of these regulations.

 

ARTICLE 20

 

The registration conditions

To have a booking right in Professionals Fisherman Register, the requested person is necessary:

a.  to  practice  professional  fishing  as  solely  everlasting    or  seasonal employment activity within a Fishery Management Organization.

b. to have an Albanian Nationality and live in Albania.

c. except of the cases foreseen in article 19 of this regulation, to have at least the certificate of fisherman qualification.

d. doesn’t incur any penalty for fishing law violation and not more than three administrative contraventions of fishery law and by law.

 

ARTICLE 21

 

Registration documents

 

1. The registration gives to the professional fisherman the right to be equipped with registration document.

2. The registration document is necessary for every person who works in the fishing sector. Every person carries this document and shows it if required from fishery inspector.

3. The registration document is issued and signed from the director.

 

ARTICLE 22


 

 

The duration of the registration

 

Booking in the register of the professional fishermen has an indefinite duration.

 

ARTICLE 23

 

The striking off from the register  of professional fishermen

 

1. The director decides for the striking off from the register of professional fishermen:

a. in the case when the registered person dies;

b. in the cases when Fishery Management Organization, where the fisherman  is  member,  has  exempted  for  nonconformity  of  fishery  activity practicing  with  Fishery  Management  Organization  Status,  and    in  case  of breaking up  the conditions according to the article 20 of these regulations.

c. in the case of interruption of the fishing activity for a period of more than three years;

d. If required by the registered person in cases when he interrupts the fishing activity (caused from an illness, physical injury), etc;

e. Based on a request of a fishery inspector in the cases when is notice violation of the law.

f. in the cases when incur any penalty for fishing law violation and not more than three administrative contraventions of fishery law and by law

2. In cases of striking off, the registered person is obliged to submit on the registration document in the directorate.

 

ARTICLE 24

 

Professional qualification

1. The ministry can specify the requirements and the criteria for professional qualifications related to the fishing, aquaculture activity, activities related to fishery.

2. The professional qualification of the registered person has to be booked on professional fishermen register.

3. The directorate keeps a special register on the bases of the professional qualifications of registered persons.

4. The ministry determines the institutions, which have the authority in issuing the professional qualifications certificates for fishery workers.

5. The Ministry in collaboration Fishery Management Organization organizes fishermen qualification/education with legal norms of fishery activity exercising, for which issues proper certificates.

 

ARTICLE 25

 

Fishing  vessels national  register.


 

1 The Directory creates and keeps National Register of Fishing Vessels in electronic form. Local register of fishing vessels has to be created and kept in inspectorate offices in the districts as well as Fishery Management Organization of main fishery harbors/ lakes and consist in two particular parts:

a. For the fishing boats with a deck engaged in marine fishing.

b. For the fishing boats without a deck engaged in cross-border inter border water lakes, with engine or not.

2. In registering of fishing boats with a deck are recorded the identification, technical & fish equipment data of boats as well as the events according Annex 3 attached.

3. In the annex 4 ate specified the data’s and registration prescription.

4. The event codification, fishing gear, of speed boat material and segments are in table 1-4.

5. A copy of register data’s for each fishing boat should be given to the license owner in the moment license delivery.

6. The Directory keeps particular register foreign boats, authorized to fish in water under its jurisdiction, including the obligations that have the subject to allow independent observers on his board and to be equipped with VMS for its location identification.

 

 

 

ARTICLE 26

 

REGISTRATION

 

1. Fishing boats registration will be done after proper fishing license issuing. The fishing boats that are not licensed are not permitted to be booked in the register.

2. Each fishing vessel is provided by register number NFR (CFR) that does not change after fishing license renovation. The register number “NFR-CFR” according the annex clearly identifies each fishing boat. This number is definitely given at the moment in which the fishing boat is registered at the first time in National Register. This number can not be modified or given to another boat.

One copy of Fishing Vessels Register has to be sent, every year, to the KPPM Secretariat in the electronic form.

3.  From  the  inspectorate  sector  has  to  be  kept  the  special  register  on  the eventual penalties gave  for fishery  law/by  law  transgression    (according  the annex 21model) which has to be at disposal of License Board or Administrative Contravention Examining Commission on Fishery & Aquaculture.

.

 

 

 

CHAPTER VI LICENSES

 


 

 

 

Types of licenses


 

ARTICLE 27


 

The issuing license in the fishing activity and aquaculture has to be as follow:

1. The license is given for each separate decked marine fishing vessel;

2. In marine coastal fishing and inland waters exercised with fishing boats without a deck (battle, boat, etc with or without engine), the licenses may be given for one or several boats, but the number have to be specified in license.

3. In fishing, which is exercised in fixed or stationary means as well as in the gathering of cockles at marine or inland waters, the license is given for every separate gear unit.

4.  In  aquaculture  activity  the  license  is  given  for  each  producing  unit  (fish farming/ crustaceans/ cockles or of their fingerlings), built on land or installed in the inland or marine waters.

 

ARTICLE 28

 

Professional fishing license requesting.

 

1. The subject or the owner, that is interesting in professional fishery license providing submits his request for a license at the directorate, according to the model KP1 (appendix 1 of these regulations);

2. The submitted license request is accompanied by the following documents:

a. In marine fishing boats.

i. Registration decision of a court

ii.  Registration  certificate  (ownership  certificate,  flag  certificate)

issued from Port Authorities.

iii. Sailing certificate issued from Sea Register;

iv. The FMO-s approved on fishery harbor using for its fishing activity.

v. The form with the data for licenses archive at fishery directorate (according to the model ARK1 presented in appendix 2 of these regulations).

b. In artisan fishing, coastal areas or inland waters:

 

i. Registration decision of a court for each subject.

ii. In cross border Lake fishing activities, the registering document of its boat (battle, row-boat) issued from District Border Policy where this activity will be practiced.

iii. In water categories, where the FMO-s are founded, can be prepared a unique license for FMO-s. FMO-s stores in Fishery Directorate the membership list of fishermen and then the Directory issues the license duplicates for each FMO-s member, signed from Director.

iv. In water categories not yet FMO-s founded has to present the submitted document of approval from the commune, in areas where the activity will be carried out.

 

ARTICLE 29


 

The request for aquaculture license

1. The subject or the owner, interested to be provided with aquaculture license present in the directorate the request for a license, according to the model KA2 (Appendix 5 of these regulations)

2. The license presented request should be accompanied with following documents:

a. The registration decision from the court.

b. The documents for the ownership (or rent) of land or of fish farm. c. The gent-plan of fish farm.

d. The general plan of the fish farm built on the land surface or which is requested to be installed on the water surface (sea, lakes, lagoons, etc.)

e. The technological cards of mentioned aquaculture activity.

f. The Environmental permission issued from Environmental Ministry.

 

 

 

ARTICLE 30

 

The presentation of license requests

 

1.  The request with documents for license providing has to be present in

Fishery Directorate at least one month before next board meeting.

2.  The request with documents for license renovation has to be present in

Fishery Directorate at least 15- days before next board meeting.

3. Each data modification, presented in licensing documents has to be declared from the requests at least one week before examining on the board.

 

 

 

ARTICLE 31

 

The licenses  board

 

1. The board of licenses consists of a minimum of five Fishery Directorate members plus one jurist, headed by the director. The members of the board are approved by a particular Minister decision.

2. The board analyses the presented requests, and proposes to the minister the issuing of the licenses to the sailing means/ subjects examined and approved by this board.

3. The proposal is written in the form of verbal-process, which is presented to the minister after the members of the board have signed in it.

4. Respective specialists of Directorate verify the documentations regarding new licenses and renovations are present them in board meeting called from Director. In renovation cases the specialists examine the fulfilling of license conditions according previous license on exercising of his activity.

 

ARTICLE 32


 

The license renovation

1. The renovation of the license is done after the previous one expires.

2. To renovate the license the following documents must be presented to the directorate:

a. the request for license renovation (annexes 1/1, 5/1, 11/1);

b.  The  report  on  fishing  activity  and  fulfilling  of  license  conditions, according article 33 of this regulation, every year of its activity, confirmed from fishery inspector.

3. In agriculture reservoirs has to be presented the restocking with fingerlings document fro each year from the license holder. This document have to be confirmed by FMO-s (where exist) as well as from fishery inspector of district.

4. The directory, after verification of obligations respecting from the subject/ fishing boat, represents all the documents on the Board for approving license renovation.

 

 

 

ARTICLE 33

 

The availability of the licenses  and the duplicates

1. The fishing license issued according to the law, comprises the basic document for the exercising of professional fishing and is kept at every moment at the board of the ship.

2. If the license is lost or becomes illegible, the directorate issues a duplicate signed by the director.

 

ARTICLE 34

 

The interruption of the license

1. The interruption of the validity of the license is a competency of the fishing inspectors, the chief fishing inspectorate at the ministry as well as of the director.

2. The decision for the interruption is given in a written form to the license holder; a copy of which is kept at the directorate. The license holder in this case is obliged to deliver to the inspectorate office in the respective district the license document until the decision of the Administrative Contravention Examining Commission on Fishery & Aquaculture.

 

ARTICLE 36

 

 

 

 

The transfer  of the license

1. Whoever becomes the owner or the legal representative of a fishing boat, aquaculture equipment or the subject to whom the license has been issued and who wants to continue the exercising of the activity according to the license, is obliged to present at the directorate the request for license transferring. The request  is  made  within15  days  from  the  changing  of  the  ownership.  The


 

directorate issues a duplicate license signed by the director, without changing the number of the previous license.

2. Whoever is the owner of a fishing boat with a deck, provided with a license of professional fishing, can request from the directorate the transfer of the license to another fishing boat with similar technical characteristics, if the previous boat is out of order for fishing, (demonstrated with necessaries documents). The directorate issues a duplicate license signed by the director, without changing the number of the previous license.

 

ARTICLE 37

 

The license abolition

1. The license lost the validity:

a. temporarily, when the physic / juridical subject is forbidden to exercise fishery/aquaculture activity by the decision of Administrative Contravention Examining Commission on Fishery & Aquaculture.

b. Temporarily, in the cases that the physic / juridical subject violate the previsions of article 39 and 40/c of the law.

c. Temporarily, when the physic / juridical subject don’t pay the license charge within March, 31 of the current year.

d. Permanently, when Administrative Contravention Examining Commission on Fishery & Aquaculture.

is    punished  two    times    from    Administrative   Contravention   Examining

Commission on Fishery & Aquaculture.

e. Permanently or temporarily in all contraventions cases that are foreseen in the article 39 of Law and violating of dispositions of article 38 of the same law, or in other cases foreseen from by law acts.

f. Permanently when:

* Finish or is closed the professional fishing activity;

* License holder doesn’t want to continue fishing/aquaculture activity until this moment permitted from this license.

* By proposition and approving of FMO-s Administrative Council in which the subject adhere.

g.  Permanently,  when  the  physic  /  juridical  subject  don’t  liquidate  the penalties accorded for the violations observed according the article 39 and 40 of the law.

h. Permanently, when to the physic / juridical subject is accorded temporarily interruption of the license for not paying the license charge within March, 31 of the current year and still don’t pay this charge until April, 30 of the current year.

i. In cases when a certain fishing boat or aquaculture unit don’t exercise for more than three months the activity for which is licensed. In this case the license abolished. Fishery inspector of the district verifies and sends to the directory the verbal-process document with casual verifying notes.

j. In cases of not application of the obligations comes from the license obligations.


 

2. The license owner is obliged to deliver the license in Directorate within  15 days from dead line above mentioned in point 1 ( article 36).

3. The Directory abolish fishing license which get approved from director to be deposited in license archives.

 

 

 

ARTICLE 38

 

Fishing  boats of professional fishing license obligations.

 

1. Each fishing subject has to respect the obligations as follow:

 

a. to apply the fishing legal and sub legal acts;

b. to correct apply the Port Management Regulation or Fishing Center.

c. Fishery license has to be always in fishing boat; fishing subject has to bear it all the time.

d. to correct apply the specification foreseen in the fishery license.

e. to obey to every order given from the fishing inspectors, as well as to allow them to inspect/ send the motorboat at a port;

f. The fishing boat captain that fish the species that are one resource/ group resources concerned are obliged to keep a book/ diary ship (Anex22) where have to be booked, clearly readable all data’s regarding quantity boarded catches, the date and place of catch as well as the kind of fishing nets used. All this data’s has to be always at disposal to the fishery inspectors when they inspect/control. In the cases of license for a few fishing boats, this obligation has to be fulfilled from the license owner.

g. The other fishery subjects have to keep the production books to register their fishing activity data’s.

h. To let entrance and boarding of fishery inspectors, observers and scientists of the country/foreign when are authorized from director to facilitate fulfilling of their mission.

i. The captain of the ship and fishing subject has to respect the limitations in regard of production landings, fishing activity, fishing gears, fishing nets, ship identification and license plate of little navigation gears.

2. Every foreign fishing boat captain, equipped by professional fishing license has to respect the obligations as follow:

a.  To  carry  his  country  flag  all  the  time  being  in  territorial  waters  of

Albanian Republic.

b. To inform immediately the Directory of every entry/ exit from territorial waters of Albanian Republic and to respect the communication norms with Port Authorities of Albania Republic as well as all sailing rules in Albania Republic waters.

c. To respect the dispositions of an article 37, point 1 of this regulation as well as Albanian sailing gears.

3. Is forbidden to exercise whatsoever fishing activity if are not respected the conditions of point 1 and 2 of this article.


 

 

 

 

 

ARTICLE 39

 

Identification marks of fishing boats

 

Each fishing boat of professional fishing should have its identification marks, according  to FAO normative,  program  10  on  “specifications  for identification marks of the fishing boats”. The ministry has to publish these marks in a separate act.

 

ARTICLE 40

 

Fish harbors  and Fish Centers

 

1.  Catches by trawling nets, pelagic purse seines, purse seine, hooks and line have to be landed and traded at first time in fishing harbors of Shengjin, Durres, Vlora and Saranda.

2. Catches by nets, hooks in Shkodra, Ohrid, Prespa (little and big ones), Fierza and Ulza lakes have to be landed and traded at first time in centers approved by competent Veterinarian Authorities.

3.  For a best control of maximal catches quantity from bivalve mollusks boats the landings has to be made within a determined timetable and a determined landing point, for each harbor by a special order of Fishery Directorate after having a FMO-s permission of a fish harbor.

4.  For other fishing subjects, the collecting points of bivalve mollusks will be determined by a special order of Fishery Directorate.

 

 

 

ARTICLE 41

 

Fishing  products trade

 

Fishing products trade has to be submitted to the followed conditions:

 

1. Fishing products have to be sale only the registered buyers or collecting centers and/or by registered auction by competent veterinarian authorities.

2. Fishing products buyer in his first sale has to be registered to the competent veterinarian authorities.

3. In cases when for a particular species are determined minimal dimensions, the responsible operators on fish products sales, storing, transporting have to certify the geographical origin of fish products.

4. Are exempted only the fish products buyers that use them for personal consumption


 

5. In first sale act, wholesaler’s centers have to prepare a document on the sale, for truthfulness of its statement they are responsible.

6. The sale document contains at least those data:

a. all the species, dimensions, weight and freshness, b. the price, the quantity for each sale,

c. the destination of the product, d. the name of buyer,

e. the place and the date of sale,

7. Fishery inspectorate controls the technical aspects of fish products trading in regard to:

a. minimal dimensions of the product, b. geographical area of product origin.

 

ARTICLE 42

 

 

 

Licenses  Modular

 

1. The license for professional fishing, for aquaculture or activities related to fishing is issued according to the following models:

a. LP1- for the marine fishing boats with a deck (annex 6)

b. LP2- for the coastal fishing and the inland waters, without a deck (annex 7);

c. LP3- for the fixed or stationary fishing gears in marine or inland waters (annex

8);

d. LA4- for aquaculture in the fish farm built on land surface (annex 9);

e. LA5- for aquaculture floating cage units on water surfaces, at marine or inland waters (annex 10);

2. The license holder takes the original document issued from the ministry.

3. The Directory prepare two copy of each license by original seal of Ministry, from which one copy has to be saved in licenses archive of Directory and one copy in Ministry protocol.

 

 

 

CHAPTER VII PROHIBITIONS IN FISHING ARTICLE 43

Areas protected from fishing

 

1.  In  protected  waters  areas  (marine  &  inland  waters)  is  prohibited  to exercise every activity that could damage environmental characteristics preservation of such areas and/or future initiatives of their proclaiming. Particularly, is prohibited:


 

a.  Fishing, gathering and damaging of animal and plant species as well as mineral & archeological values excavation;

b.  Using trawling gears, other encircling nets in a distance of 1 (one)

marine mile from protecting area border.

c.  Transformation of geophysics habitats, water chemical and hydro biological characteristics.

d.  Publicities activity meanings;

e.  Weapons    introduction,   explosive    and   deleterious    matter    and whatsoever fish falling in ruin stuff.

f.     Sailing by engine means;

g.  Every garbage (solid or liquid ones) throwing;

 

2.  Is prohibited fishing in the area by 2 km radius from a mouth of River Buna and 1 km from the mouth of other Albanian Rivers.

3.  Is prohibited fishing within shamadur area as well as installing of a nets like gillnets, in shamadur border-line direction. Shamadur area included within the radius, started from a v-shaped trap:

a. Fish weir of          Shkodra       1000 m; b.       “                    Ceka             1000 m; c.       “                    Patogu          1000 m; d.       “                    Narta 1         1000 m; e.       “                    Narta 2         1000 m; f.        “                    Butrinti            500 m;

g. Is prohibited fishing in upper part of v-shaped trap of Prita e Rrezes (Butrinti) in the distance of 500 m. Is prohibited every fishing activity in the radios area of 250 m from the bridge (Prita e Rrezes-Butrinti) to the Bufi Lake.

h. Is prohibited the licensing of more than 3 fishing groups in the Butrinti

Lake.

Fishing in this lake should be only by gillnets in a circular fishing way (until 400 ml each group), eel hooks (until 6 hooks each group) and lines.

j. Is prohibited every fishing & aquaculture activity in autside part of Karaburuni shore from Kepi i Gjuhezes until rruget e Bardha (Palase) in the distance of 1 marine mile shoreline or 50 m isobate  in the case when this depth could be in smaller distance.

k. The Ministry collaborates with Environment Ministry, based on the studies of water biodiversity, marine and inland waters, approves and proclaims new fishing protected areas.

l. The Ministry collaborates with Environment Ministry with aim of transforming the fishing protected areas to the Marine Parks/ Inland Water Parks.

 

 

 


 

 

 

Trawl and pelagic fishing


 

ARTICLE 44


 

1. Is prohibited Fishing with trail net (trawl and pelagic)/ or similar with them in shallow area in the distance less than 3 marine mile from shoreline or in 40 m isobate in the case when this depth could be in smaller distance.

2. Is prohibited Fishing with trail net (trawl and pelagic)/ or similar with them on the Posidonia oceanica yard or marine fanerogames.

3. Is prohibited using for fish of every kind of nets by circulating in the distance less than 300 m from the shoreline or in 40 isobate when this depth could be in smaller distance.

4. It is prohibited to fish with trail net (trawl or pelagic) in the Vlora Bay (limited on the north from the basic line of the Bay of Karaburun up to Treport).

 

ARTICLE 45

 

Sea- lagoon communication channels

 

1. Is prohibited fishing in the sea- lagoon communication channels  as well as in the seaside area included within the arch with a radius of 2 km by a centre the outfall channel to sea.

2. Is prohibited fishing by a third part during the period when v-shaped traps are closed (when their function is to catch fish), within the boundaries of the v- shaped traps (shamaduri on the side of the v-shaped net), which are determined on the article 43 of this regulation.

3. The above mentioned prohibition is not valid in the cases when the dike of the v-shaped net is jeopardized caused from hydrometereological conditions.

 

ARTICLE 46

 

Fish weir

 

1. V-shaped traps have to be opened (no fishing function) in these periods of the year:

a.  The fish weir of       Shkodra        March, 15                to August, 31

b.  The fish weir of        Viluni             March, 15                  to September, 30 c.  The fish weir of                                        Merxhanit     March, 10                   to July, 31

d.  The fish weir of       Ceka             March, 10                to July, 31

e.  The fish weir of        Patogut          March, 15                  to September30 f.           The fish weir of                              Karavasta      March, 5                     to    May, 5

g.  The fish weir of       Narta            February, 10           to April, 10 h.  The fish weir of       Orikum          March, 15                to June, 15 i.      The fish weir of       Butrint           April, 1                     to June, 30 j.     The fish weir of       Prita e Rezes April 15                   to June 15

 

2. In the period when the fish weir of the coastal lagoons are open (according to the point 1 of this article), every form of fishing in the lagoons except hook and parancave for eels is forbidden.


 

3. It is forbidden to put fishing canes (or plastic, metallic tubes, etc) in the fish weir with a distance less than 12 mm from each other.

4. It is forbidden to use nets (metallic, plastic, etc) with a diameter less (the circumscribed circle in the hole) less than:

a. 30 mm for the fish weir of Shkodra;

b. 28 mm for the other fish weirs;

 

ARTICLE 47

 

The authorization for the restocking of natural waters

 

The natural waters restocking by water organisms are done only by ministry authorization. In the case of introduction (acclimatization) of other species in Republic of Albania waters, before issuing authorization by ministry, the opinion of the Commission for the Coordination and Scientific and Technological Coordination is taken. In the authorization are determined the areas where the new species will be introduced.

 

ARTICLE 48

 

Prohibited fishing

1. It is forbidden to fish, carry in board, to transit on the boat/ship, purposed landing and trading, in every period, area with whatever means and tools the following species:

- Salmon (Koran) of the river –Salmo letnica lumi

- Sturgeons – Acipenser atirio, Acipenser nacarili, etc.

- Njila – Chondrostoma spp.

- Sharks – Cetorhinus maximus, Carcharodon carcharias.

- Lopa e detit – Mobula mobular.

- Gureshpuesi (bivalve mussels) – Lithophaga lithophaga.

2. It is forbidden to fish in every period, area and with whatever means or tools the sea mammals (dolphins, whales, seals, etc).

3. Is forbidden to fish, carry in board, to transit on the boat/ship, purposed landing and trading, with whatever means and tools all fish species of Prespa Lakes (Big and Little) for a period of one month a year. The determinate time has to be by a special Minister order, every year.

4. It is forbidden to fish, carry in board, to transit on the boat/ship, purposed landing and trading with whatever means and tools all fish species in Ohrid Lake from December 1, until December of every year, except of Alburnus albidus alborella fishing

5. Is forbidden bottom trawl/ sailing fixed nets using in fishing of species: white tunes (Thunnus alalunga), Red tunus ( Thunnus thynnus), lance fish (Xiphias gladius), sharks (Hexanchus griseu, Cetorhinus maximus Alopiidae; Carcharhinidae; Sphyrnidae; Isuridae; Lamnidae).

6. Is forbidden fishing by bottom trawl and trailing dredge in area more than 1000 m depth.


 

7. Is forbidden using for fish and carried on board of long lines by hooks of less than 10 cm length and less than 4, 5 cm width for such fishing boats that use pallangare and lands or carry in board a certain quantity of lance fish (Xiphias gladius) more than 20% of live fish catches.

8. Is forbidden using of driftnets for big pelagic fishing.

9. Is forbidden fishing with pelagic long lines from October 1 until January, 31 of species: white tunes (Thunnus alalunga), Red tunus ( Thunnus thynnus), lance fish (Xiphias gladius), sharks (Hexanchus griseu, Cetorhinus maximus Alopiidae; Carcharhinidae; Sphyrnidae; Isuridae; Lamnidae).

10. Is forbidden using in Ohrid Lake of following fish gears:

a. leaded driftnets for bleak. b. harpoons for carp,

c. fishing by hooks for all fish species.

 

ARTICLE 49

 

The prohibition to fish some kinds in certain periods  and areas

 

 

 

It is forbidden to fish by every fishing gears and means, carrying on a board, transition on a boat, purposed landing of following species in the respective periods and areas:

1. Bleak (cironka)  – Alburnus albicus alborella

From 20 April to 15 July in the Ohrid lake, and from 1 April to 31 July in the other areas;

2. Carp Cyprinus carpio

From 20 may to 15 June in the Ohrid Lake

From 15 April to 15 may in the other areas

3. Koran – Salmo letnica

From 1 December to 28 February in the Ohrid lake

4. Belushka  – Salmothymus ohridanus

From 1 November to 31 January, in Ohrid lake.

5. Wild trout – Salmo trutta

From 1 November to 1 April in all the areas

6. Bivalve mollusks fishing in following period:

a. vongole, cardium, fazolari , from 15 June to 15 July. b. kanoniket, from 1 April to 30 September.

c. telina, from 1 April to 30 April.

d. tartufet, from 1 June to 31 July.

7. During the fish forbidden period according above point 1 is allowed other fishing means, authorized  by  license,  after taking  off bivalve  mollusk  fishing gears.

8. Fishery Directorate determine  by  a  special  order  the  timetable  of bivalve mollusk fishing.

9. Is forbidden fishing activity  of the bivalve  mollusks  during  Saturdays  and

Sunday, official holidays, all over the year.


 

10. Is forbidden in longer period, within beach areas, in particular cases, vongole and cardium fishing from May to September.

 

ARTICLE 50

Measuring  of water organisms dimensions

 

1. The length of the fish is measured from the top of the head (by closed mouth) to the lobe longest extremity or of the tale (caudal) when this does not consist on two lobes. (fig.1)

2. The length of the crustaceans is measured from the beginning of the eye to the posterior extremity of the body, including the tale. (Fig 2, 3, 4)

3. The dimensions of the bivalve mussels refer to the maximal length or to the maximal diameter of their shell. (fig.5)

 

ARTICLE 51

The minimal  dimensions of the water organisms

 

1. It is forbidden to fish and to sell water organisms with dimensions less than the following for every separate kind:

a. Fish

- Europian hake,  Merluccius merluccius 20 cm

- Blue whiting, Micromesistius spp., 20 cm

- Triglidae, 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

- Seabream, Diplodus spp. 15 cm

- Common pandora, Pagellus spp., 12 cm

- Dentex, Dentex spp. 25 cm

- Bogue, Boops boops 10 cm

- Salema, Sarpa salpa 12 cm

- Striped mullet, Mullus spp. 11 cm

- Grouper, Wreck fish, Epinephelus spp, Polyprion spp. 45 cm

- Sciaenidae, Sciaena spp., Umbrina spp. 25 cm

- Atlantic horse, Trachurus spp. 12 cm

- Amberjack, Seriola spp 30 cm

- Ame, Lichia amia 30 cm

- Atlantic mackerel, Scomber spp. 20 cm

- Atlantic bonito, Sarda sarda 30 cm

- European pilchard, Sardina pilchardus 10 cm

- Anchovy, Engraulis encrasicholus 10 cm

- Sardinela, Sardinella aurita 12 cm

- Sprat, Sprattus sprattus 10 cm

- Kublat, Alosa fallax 20 cm

- Picarel, Spicara spp 8 cm


 

- Tunas, Thunnus thynnus 70 cm

- Albacore, Thunnus alalunga 40 cm

- Tunas, Euthynnus alletteratus 30 cm

- Broadbill swordfish, Xiphias gladius 100 cm

- Smoothhound, Mustelus spp. 30 cm

- Sharks, Squalus spp, Scyliorhinus spp, Prionace spp. 40 cm

- Ray, Raja spp. 30 cm

- Ray, Squatina spp. 40 cm

- Electric fish, Torpedo spp. 30 cm

- Europian conger, Conger conger 30 cm

- Guitare fish, Rhinobatos spp. 30 cm

- Sole, Solea spp. 20 cm

- Europian flounder, Platichthys flessus 15 cm

- Bothus spp., Arnoglossus spp. 30 cm

- Rombet Scophthalmus spp, Psetta spp, Lepidorhombus spp. 30 cm

- Silver scabbardfish, Lepidopus caudatus 40 cm

- Harpoon fish, Sphyraena spp 25 cm

- John dory, Zeus faber 15 cm

- Triglidae, Trigla spp., Aspitriglia spp. 15 cm

- Anglerfish, Lophius piscarorius 30 cm

- Sand smelt, Atherina spp 8 cm

- Eel, Anguilla anguilla 25 cm

- Trutt, Onchorhinchus mykias 25 cm

- Wild trut, Trofta e eger, Salmo trutta 20 cm

- Ohrid Salmon, Salmo letnica 25 cm

- Salmon , Salmo letnica estivalis  30 cm

- Belushka, Salmothymus ohridanus 15 cm

- Sharroku( perka), Perca fluviatilis 15 cm

- Lucioperka,Stizostedion lucioperca 30 cm

- Bleak, Alburnus spp. 10 cm

- Bleak (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

- Transparent goby, Gobius spp. 15 cm

- Karaset, carassius spp. 15 cm

- Carp, Cyprinus carpio 30 cm

- Bighead, Hypopothalmichthys spp,Aristichthys spp. 30 cm

- Amuri Ctenopharyngodon idella 30 cm

- Pellembeza Megalobrama amblycephala 20 cm

 

b. Crustacean

- Triple-grooved shrimp, Panaeus kerathurus 7 cm

- Karkaleci violete, Aristeus antennatus 7 cm

- Karkaleci i kuq, Aristaemorpha foliacea 6 cm


 

- Deep-water pink, Parapenaeus longirostis 10 cm

- Norway lobster, Nephrops norvegicus 30 cm

- European lobster, Homarus spp. 30 cm

 

c. Cephalopod mussels

- Common squid, Loligo spp. 25 cm

- Totanet, Ilex spp 30 cm

- Cuttlefish, Sepia officinalis 20 cm

- Common octopus, Octopus vulgaris 0.5 kg

 

d. bivalve mussels

- Mussels, Mytilus galloprovincialis 5.0 cm

- Striped venus, Venus gallina 2.3 cm

- Warty venus, Venus verrucosa 2.7 cm

- Wedge clam, Donax trunculus 2.2 cm

- Groves carpet shell, Ruditapes decussatus 3.6 cm

- Vongola filipine, Ruditapes semidecussatus 3.0 cm

- Oysters, Ostrea spp. 6.0 cm

- Bicaku, Solen spp. 8.0 cm

- Great escallop, Pecten jacobeus 10.0 cm

- Smooth callista, Challista chione     6.0 cm

2.  Fishes  of  small  dimensions  caught  by  purse  seine  nets,  like  sardines, anchovy, papalina and bleak is allowed that in total catch having up to 20 % under minimal respective dimensions (point 1 of this article) but not less than 7 cm in length.

3. In every fish production confection is allowed a tolerance of bivalve mollusks with dimensions less from those foreseen but not more than 10%, counted in base of point 1 of this article.

 

ARTICLE 52

 

The maximum  daily quantities for bivalve mollusks

 

1. The maximal daily catches for fishing boat, according article 53 are determined as follow:

- Striped venus e European prickly cockle in total, Venus gallina 600 kg

- Smooth callista, Challista chione                      500 kg

- Wedge clam, Donax trunculus              100 kg

-  Horse mussel, scallop in total                    300 kg

-  Oysters, Ostrea spp                             100 kg

2. For every professional fisherman equip by license on bivalve mollusks gathering in the sea and coastal lagoons, it is forbidden to exceed the following daily quantities:

- Bicaku Solen spp.                                 10 kg

- Smooth callista, Challista chione                     50 kg

- Freskorja (kapesanta) Pecten jacobeus         20 kg


 

- Mussels, Mytilus galloprovincialis                80 kg

- Oysters, Ostrea spp                                               30 kg

- Warty venus, Venus verrucosa               10 kg

- Wedge clam Donax trunculus                50 kg

- Striped venus, Venus gallina                  40 kg

- Groves carpet shell, Ruditapes decussattus  40 kg

- Vongola filipine Ruditapes semidecussatus 10 kg

 

3. The maximal daily quantity determination for every subject will be done in each license in dependence of the resources in each area.

2. The products from aquaculture are excluded from point 1 and 2.

 

ARTICLE 53

The characteristics of mollusk fishing boats

 

A  typical  dragging  fishing  boat  for  mollusks  has  those  characteristics  and limitations, as follow:

a. Maximal length between vertically point is 10 meters;

b. Maximal power is 100 hp to the sailing combs;

c. Maximal gross weight is 10 t;

d. Absence of mantel in elike;

 

ARTICLE 54

 

Co laudation Technical  verification

 

1.  All fishing vessels, according article 5 have to be submitted the technical verified from Marine Authorities of ship register country.

2.  The technical certificate has to be part of ship documentations;

3.  Fish vessels, to which is not fulfilled or refuse to fulfill technical verifying will be suspend the license until this process will be done.

 

ARTICLE 55

 

The general principles on data collecting and their management

 

 

 

1.  To  have  a  necessary  scientific  valuation  toward  sector  management politics, the Directory has to gather complete data’s on fish stocks biology, fishery fleet and it activity, economical and social matters.

2.  This specific information should be coordinated with statistical data’s.

3. The Directory should create a multi annual aggregated data system, scientifically based, which includes biological and economical information. The  methodology  used  will  be  decided  in  a  proper  time  and  will  be standard by the EU requests and will be equip by international important rules.


 

4.  The Ministry:

a. Create,  based  on  the  models,  when  is  necessary,  the supplementary programs on data gathering.

b.  Specify  the  procedures  that  have  to  be  followed  to  gather aggregated data.

c.  Make sure that the used data in aggregated data producing to remain opened to every recalculating, when consider necessary.

d. Classify scientific marine researching by purpose of frequency valuation and stock dissipation in independent way from industrial fishing entry data’s in stock cases for which this valuation considered possible and utile.

5.  The Directory:

a.  Collect the necessaries data in a way of fishing fleet valuation and eventual changes in fishing power.

b.  Support the programs on valuation of total catch per stock volume, including trashes where has and when is necessary classify their catches according group vessels, geographical areas and time period. Catches has to be biological models object.

c.  Fulfill the price monitoring jointly with different landings as well as their information’s. The supplement data’s has to be gathered in a way of performing all product landings in harbors of fishing centers as well as imports.

d.  Valuate the economical situation of a sector based on a studies and models by wide reliable specter, having into account following factors:

 

i)          according to fishing fleet:

-     Incomes from the sales or other sources (i.e. subventions, generated interests)

-     Production costs.

-     Data’s  that  has  to  be  calculated  and  classified  on  sea employment determination.

ii)         according inland water fishing:

-     Incomes from the sales or other sources (i.e. subventions, generated interests).

-     Production costs.

-     Data’s    that    has    to    be    calculated   and   classified    on employment determination.

iii)        according fish processing industry:

-     Production  determination  expressed  in  volume  and  value terms by production category.

-     The enterprise numbers and their workers.

-     The changes in product cost and its composition.

 

ARTICLE 56


 

The habitat change prohibition

 

Includes in prohibitions of water quality changes and the change of their flow direction

(According to article 24, point 1, d of the law) as following:

a. building new channels in coastal lagoon areas, without the approval of the responsible bodies;

b. deviating the flow of the sea –lagoon communicate channels.

c. introducing the fresh waters  into lagoons, without the approval of the responsible bodies;

d. to change the stream of the rivers or other running waters;

e. cutting water vegetation without the approval of the responsible bodies.

 

ARTICLE 57

 

Prohibitions for some kinds of fish sailing  means

 

1. It is forbidden to provide by trawl fishing license the vessels with an engine of over 1000 Hp and less than 150 Hp.

The licenses issued before this regulation without those limitations continue to be valid.

2. Are forbidden using for professional fishing the motoscafes or dinghy boats.

 

ARTICLE 58

 

Prohibitions for some fishing forms and equipment

 

1. It is forbidden using for fishing or carried on ship/boat board of the toxic, narcotic, corrosive matter, of substances which in case of their association could cause explosion, of equips that can cause electrical power or explosion.

 

2. It is forbidden to fish by trawl nets, dredge, etc. in inland waters.

3. It is forbidden to fish by trawl nets, dredge in form of gabia  in marine and inland waters

4. It is forbidden to put fixed equipment that closes completely or along the river stream to the sea as well as in fresh water flow of lagoons.

5. It is forbidden to gather (fish) bivalve mussels with sailing means of the turbo sifting type.

 

ARTICLE 59

 

Minimal dimensions of the fishing nets

 

1. The measuring of mesh net should be by measuring of internal distance between two knots opposite one another, equals twice the side of the rectangle


 

of the hole (2a). The measuring is done when the hole is pulled from its longest axes when the net is wet and used.

2. It is forbidden carried in fishing vessel board or using of nets by meshes less than;


 

 

mm;


 

a. Trawling gear (in cod end)                                                                     40

 

b. Surrounding nets for sardine, anchovy and small pelagic fish (cod end)


 

20 mm;

c. Surrounding nets for sardine, anchovy and small pelagic where they consist in 85% of live weight in catches, in its other part

20 mm;

d. Trammel nets

* For bleak in Shkodra Lake, Fierza and Vau i Dejes               28 mm;

* For bleak in other areas                                                               20 mm;

e. Gillnets (single or triple):

* In coastal areas                                                                             48 mm;

* In coastal lagoons                                                                         60 mm;

* For Ohri Lake salmon (Static or floating)                                              90


 

mm;

 

 

 

mm;

 

mm;


 

 

* For carp in Shkodra Lake                                                            80 mm;

* For carp in Ohri and Prespa Lake/ other waters                                  66

 

* For bleak in Shkodra Lake, Fierza, Vau i Dejes                                  28


 

3. It is forbidden to block in every each of its part or real reduction of their dimensions.

 

 

 

 

ARTICLE 60

 

Exceptions for scientific research purposes

 

In the authorization for scientific research (according to the article 10 of the law) and with the aim of restocking water categories could be allowed exceptions from the prohibitions foreseen in Chapter VII of these regulation.

 

CHAPTER VIII

SPORT/ RECREATIONAL FISHING ARTICLE 61

Licenses  of sport fishing

1. The licenses of sport/recreational fishing by fishing boats (according to article

23 of the law) may be given to sport fishing associations or to interested persons


 

who  satisfy  the  above  mentioned  criteria  in  point  3  of  this  article  in  these regulation.

2. A sport fishing license, issued on the basis of the above mentioned point (1), may authorize the exercising of sport fishing with more than one fishing boats. In this case has to be specified in the license:

a. The maximal number of the fishing boats authorized to exercise this activity.

b. The maximal number of fishing days to be exercised by every fishing boat during the year.

c. The maximal number of persons boarded in each fishing boat during the exercising of sport fishing.

3. Associations or organizations authorized to exercise sport/recreational fishing on the basis of the respective license issued by the ministry, are obliged:

a. to present in the directorate the document for every fishing boat that mean to use for sport fishing;

b. to provide with a copy of the legislation on sport fishing for every fishing boat they have and is authorized to exercise this activity;

c. to present the certificates of driver qualifications for sailing means which they will exercise in sport fishing;

d. to present statistical data of their catches during sportive fish exercising for each boat.

4. In every case a sport-fishing license determines the area where this activity will be exercised.

5. It is prohibited the trade of water organisms catches during sport fishing.

 

ARTICLE 62

 

Equipment allowed in sport fishing

 

Sport fishing is allowed to be exercised only with hooks, fish rod and sea guns. For under water fishing by gun is allowed only mask and tube.

 

 

 

 

ARTICLE 63

 

Prohibitions is sport fishing

 

1. in sport fishing:

a. it is not allowed to use more than five hooks (fishing poles) for a fisherman  in  the  sea  water  and  three  hooks  (fishing  poles)  in  other  waters different from marine waters;

b. it is not allowed to use a form of fishing with light sources, except of a hand light or lamp for underwater fishing;


 

c. In the sailing means is not allowed any kind of fishing equipment or net used in professional fishing or using of bottom trawl net, surrounding nets, drags, gathering nets and single gillnets, set long lines for migratory fish species.

d. It is not allowed for fishing using of harpoons in all water categories.

e. It is not allowed to fish during the day a quantity of more than three kg fish for every fisherman, except the cases when the weight of a single sample exceeds this limit:

f. It is not allowed the fishing of mollusks, crustacean and other kinds, which are prohibited from the by law acts issued from ministry.

2. All the prohibitions foreseen for professional fishing also apply to sport fishing.

 

ARTICLE 64

Models of requests  and licenses

 

1. The request for a license of sport fishing has to be present in directorate according to the model of annex 11of this regulation, completed with all the required data.

2. The license of sport fishing is issued according to the model presented in annex 12 of this regulation.

 

CHAPTER IX

Fishing  outside  waters of the Albania Republic

 


 

 

 

The authorization


 

ARTICLE 65


 

 

1. The authorization to fish outside of the waters of the Republic of Albania is issued according to the article 16, point 3 of the Law, application the United Nations Convention on “Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas” and Law of the Sea.

 

2 For non application of obligations in consequence of above mentioned the

Authorization becomes automatically invaluable.

3. A special authorization to fish outside the waters of the Republic of Albania may be given only to the fishing boat which possesses the necessary equipment according to the norms in power regarding their technical insurance.

3. A special authorization to fish outside the waters of the Republic of Albania can not be given in cases when the fishing boats has been previously registered in a foreign country (place) and if it has been definitively penalized for breaking of the laws in power of that country for fishing in international waters. Exclusion can be made only in the case when the owner of the means or the previous titular of the fishing license has no connection or interest with mentioned boat.

1. The directorate keeps a separate list of the Albanian fishing boats which are authorized to fish outside waters of the Republic of Albania


 

CHAPTER X

DATA GATHERING

 

ARTICLE 66

The obligation to fill in the forms

 

1. The fishing license holder is obliged to complete the statistical data required by the forms 23 in regard with license given type. This form, part of fishing boat log books has to be kept on a ship board and has to be fulfilled every day. The titular of the license is obliged to present the completed forms at the end of every month at the office of the fishing inspectorate.

2. The fishing/ aquaculture license holder is obliged to complete annual statistical data, mentioned in point 1 of this article in regard of license given type. This annual data has to be present in two copies, one of which to fishery inspectorate of district and the second one in Directorate. The forms have to be present as follows:

a. In bottom trawl fishing, surrounding (purse seine), pelagic and artisanal with fishing boats with a deck according model SV1 (annex 16).

b. In artisanal fishing in coastal areas by fishing boat without a deck, inland waters, in mollusk bivalve gathering according model SV2 (annex 17;

c. In marine aquaculture and inland waters according model SV3 (annex 18).

 

3. The form that mentioned in point 1 of this article must be available when asked by the fishing inspectors, from the Institute of fishing research in Durres or from other persons authorized from the ministry for this purpose.

4. The inspectors have the right to check the completion and accuracy of the statistical data of the above mentioned forms.

 

ARTICLE 67

 

Statistical declaring on mollusks

 

1. The licensed subject is obliged to communicate within date 15 of every month to the Inspectorate district offices for a previous month data according forms A and B in the annex 15.

2.  This communication could be also through cooperatives or associations and FMO-s in which the license holder is member.

3.  The form A and B has to be hold from the license holder and has to be fulfilled every day.

4.  For daily data registration  have to be established a copybook on mollusk bivalve fishing (form C, annex 15) pages of which are numbered and sealed from Directory of Agriculture and Food. Respective fishery inspectorate and has to be present whenever is asked from fishery inspectorate body.


 

5.  The lack or irregularity on fishing copybook holding and/or not presenting of a form A and B should be penalized and be fined, or taking off the license in repeating cases.

 

 

 

CHAPTER XI

 

THE ADMINISTRATION OF COASTAL LAGOONS ARTICLE 68

The procedures for administration agreements  deduction

 

1. The ministry has to deduct the agreements for coastal lagoons administration, (according to article 31 of the law), after organizing the competition amongst the eventual different competitors based on the procedures foreseen by the laws in power.

2. The ministry publishes all competition data’s, through which invites the interested subjects to present their proposals. In the published data, are specified the eventual terms expected to be reached, foreseen in the agreement, such as the payment of the rent, special investment to be carried out or the administration criteria that should be respected.

 

ARTICLE 69

 

Proposals

 

1. The participant in competition present his proposal in a written form, specifying all the obligations he agrees to respect as regards the payment of the rent, the investment planned, the administration plan of the mentioned area, as well as everything else presented in the competition data, published by the ministry or considered necessary in a way of improving the agreement according to the article 31 of the law.

40

2. In the document submitted for the tender the participant gives documented information  on  his  professional  experience  in  the  field,  according  to  the respective by law acts.

 

ARTICLE 70

 

The selection criteria

To  make  a  right  judgment  and  assessment  for  every  proposal  done  and presented to competition the best criteria for candidate selection will be:

a. the payment level of the lagoon rent,

b. The maintenance investment level of the lagoon, their ecological improvement in harmony with the increase of the fish products.

c. the level and the quality of the lagoon administration plan;

 

ARTICLE 71


 

 

The agreement deduction, the licenses

 

1. The candidate who wins the competition signs the agreement with ministry according to the article 31 of the law. The minister authorizes the person who will sign the agreement as a representative of the ministry.

2. The candidate who wins the competition submits the request for a fishing license  for  area  that he  has  won  the  right  to  administrate.  The  right  to  be equipped with a fishing license according to the law and this regulation has to be given exclusively to the winner of the competition.

 


 

 

 

The duration


 

ARTICLE 72


 

The agreement can last for a period of 1 to 10 years and can be renovated. The duration of the administration is specified in the agreement for every specific lagoon.

 

ARTICLE 73

The fishermen employment

 

The physical or juridical person who has won the lagoon administration right is obliged to employ the professional fishermen of that lagoon or fishermen who live in the administrative area around the lagoon by contractual relationship.

 

CHAPTER XII

Fishery activity control/ inspection

 

ARTICLE 74

Fishery inspector’s identification

 

The fishing inspectors keep with them, at every moment they are on duty, the proper document issued with the signature of the minister. The inspectors show their identity document to every person that they inspect/control during the time they are on duty.

 

ARTICLE 75

 

The control object

 

a. In a way of legislation on force respect guaranty, Fishery inspectorate control fishery activity and those linked with them, in territorial waters as well  as  in  Republic  of  Albania  territory. He  inspects  fishing  vessels (boats) and all activities in application of this regulation and Fishing Law. He  inspect,  also  landing,  sales,  transport  and  stored  fish  product activities as well as landing and sales registrations.


 

b.  The sale, transport and fish store control has to be in regard with fish dimensions and geographical area of the catches.

c.  Fishing vessels that might exercise fishing activity by foreign flag and sail in territorial waters are obliged to communicate their movements and their catches. On a board.

d. Fishery inspectorate control out of territorial waters fishing activity of fishing vessels when this is necessary to guaranty fishing international rules respecting.

 

ARTICLE 76

 

Inspecting

1.  In article 36, 37 of law application fishery inspectorate exercise its control activity in a way of not obstacles normal fishing activity of the subject controlled. They, also exercise control activity without any discrimination in choosing of controlled subject/sector.

2.  Fishery inspectors, before start inspecting should prepare and deliver to license holder a document on the activities that will be object of control.

3.  Fishery inspectors, in the end of control should prepare a relation on the control result in two copies; one to the controlled subject and one to Inspectorate Sector in Directory.

4.  The license holders the collecting center or transport gears owners that are control object should collaborate with inspectorate in a way of control facilitating.

 

ARTICLE 77

 

Control  of fishing gear using

 

1 .Fishing nets, held in fishing board, not used if fishing have to be ordered in such way of not being easily used, application following conditions:

a. nets, weights and similar gears are un contacted from their panels  as well as from the cables and ropes.

b. nets that are held on the ship bridge are well bounded with support structure,

2. if the catches that are in fishery vessel board are made by nets of different minimal dimensions in one way out on the sea the species composition have to be encountered for every quantity part cached in different conditions. For this purpose; every using mesh size change together with fish cached composition, present on a board, before net changing have to be registered in vessels log book and landing declaration form.

3. The Directory might decide that in certain fishing areas prohibition of using nets of different minimal mesh sizes during one way out in the sea.

 

ARTICLE 78


 

Modification and/or closing fishing activity

 

1. All fish quantities regarded a certain resource/ group resources that are fishing quotas object of fishing boats has to be encountered on this quotas base, per resource/group resources, independent of landing place.

2. the ministry determine the date in which appreciate that resource/group resources catches, quotas object, made by fishing vessels carrying country flag or fish in territorial waters of Albania Republic, have fulfilled the resource/group resources  quotas.  Starting  from  this  date,  Ministry  order  to temporarily  stop fishing the resource/group resources from fishery vessels as well as holding on their board, trans- boarding and landing of fish cached after this date. Ministry point an expiry date within of which are permitted landings, trans boarding   and last declarations in regard of their catches.

3. Fishing boats stop fishing of a resource/group resources species, quotas object, in valuated date in which the quota is fulfilled. These boats, also, not carry in board, trans-board or land resource/ group resources catches, fished after this date.

4. Ministry determine the date in which appreciate that the vessels carrying country flag or registered in her territory have achieved maximal fishing catch effort in a certain area. Ministry, in this case stops temporarily fishing activity to the fishing boats, starting from this date in this area.

 

ARTICLE 79

 

Inspection/control in case of changes  or adapting  of structures in fishery/

aquaculture sector.

 

1.  Fishery inspectorate make control in regard with:

a.  Restructuring, renovation and modernization of fishing fleet.

b.  Fishing  capacity  adopting  through  temporarily  or  permanently stopping.

c.  Fishing activity limitation from the fishing boats.

d.  Geometry and number of fishing gear limitation as well as their uses.

e.  Marine  aquaculture  development  and  their  spreading  along  the coastal areas.

2.  In this purpose, the controls has to be made to the fishing boats in such aspects:

 

a.  Engine power of boats control.

b.  Registered weight of boats control. c.  Stopping time of boat control.

d.  Fishing gears and their number on a boat control.

 

3. In a way of facilitating of control procedures, the inspection can be made through information cross check on fishing capacity and fishery fleet activity:


 

 

a.  In a boat log book.

b.  In landing product declarations.

c.  In Marine Register of fishing fleet.

 

ARTICLE 80

 

The contraventions, the sanctions and the responsibilities

 

The contraventions, the sanctions and the responsibilities of subjects toward legislation violating from them is based on articles 39 to 42 of Fishery Law. Their purpose is taking off in effective way the economic profiting made from a noticed transgression as well as to create effects in proportion by transgression degree and serving as an obstructive measure for other transgression of similar nature.

 

ARTICLE 81

 

 

 

Contravention examination

 

 

 

The processing

The fishing inspectors whenever observe transgression of the law and this regulation, complete in a written form processing according to the model presented in appendix 21,

 

ARTICLE 82

 

Administrative Contravention Examining Commission

Administrative Contravention Examining Commission, according to article 43 of law consists on:

 

a. the director (chairman)

b. the chief of fishing inspectorate sector of directorate (vice chairman);

c. the chief of fish resources  sector of directorate d. a jurist from the juridical directorate in ministry e. a specialist of the directorate (secretary)

f. Two fishing inspectors in the districts. g. FMO-s representatives

 


 

 

 

The duration


 

ARTICLE 83


 

The  Minster  nominates  the  members  of  the  Administrative  Contravention

Examining Commission

 

ARTICLE 84


 

 

The judgment procedure of Commission

 

1. The commission calls by a written announcement the person/s considered responsible for committing an administrative transgression of law, based on processing document present by fishery inspector. The announcement and a copy of the protocol must be sent to the mentioned person one week before commission meeting.

2. The announcement has information about the place, date and the time of

Administrative Contravention Examining Commission meeting.

3. The commission can proceed with the judgment at the specified place, date and time.

a. if the responsible person can not be found;

b. In absence of the considered responsible person for law transgression, when results that the above mentioned person is announced and there is no reasonable reason for his absence.

c. If the considered responsible person for law transgression has authorized another person with a legalized procure to represent him.

4. The commission calls the fishing inspector who has written the processing document in meeting.

5. During the judgment the person considered responsible for law transgression should be listened.

6.  The  secretary  of  the  commission  writes  the  meeting  protocol  of  the proceedings as well as the results of voting decision. All the members of commission sign the protocol.

7. The commission takes a motivated decision. The decision is given in a written form and is signed by the chairman of the commission.

8. The decision has to be communicated to the interested person in a written form.

9. By a special Minister Order, case by case, has to organize a Commission for destroying thoroughly of fishing gears sequestered. Every decision of such Commission should be by a processing document where is signed by each member. This document should make in two copies. One copy has to present to the Administrative Contravention Examining Commission, one copy has to be held from the Fishery Inspector of the District.

 

 

 

ARTICLE 85

 

According to the article 44 of the law against the decision of the commission the judged person might lodge a complaint at a tribunal.

 

ARTICLE 86

 

Regulation  Nr.1  of  date  27.3.1997,  N0  2  of  date  23.3.2000,  Nr.3  of  date

29.4.2002, Nr.4 of date 19.2.2003 and Minister Order Nr. 373 of date 19.6.2003 are out of force.


 

 

 

ARTICLE 87

 

This regulation comes immediately into a power

 

 

 

 

THE MINISTER AGRON DUKA


 

Annex 1


 

 

 

 

 

To the Ministry of Agriculture and food

 

FISHERY DIRECTORATE T I R A N A

REQUEST FOR PROFFESIONAL FISHERY LICENSE

 

(Mod. KP1)


 

 

 

The subject                                                                                                                      By address      Present the request in professional fishing, area:

*                                                                                                                        By fishing form**                                                                                               Of species catching***_                                                                                

By fishing boat                                                                                                 By sailing boat                                                                                                 By stationary gears                                                                                         In owner of                                                                                                      

The fishing boat (or sea shore sailing boats and/or inland waters/ stationary gears) has the characteristics, gears and the systems according the datas represent in attached form for licenses archive.


 

 

date                         


 

 

****                                      


 

 

 

 

 

Note: the above marks legend:

 

* Marine waters, sea shore (according administrative map, specified landing place), the lake, lagoon, reservoir, river etc.

 

** in marine fishing has to be noted the fishing form(bottom, pelagic, surrounding nets, selective gears (gillnets, hooks etc) ;in inland fishing has to be noted the gears and fishing tools (gillnets, hooks, trawl nets, fish weirs, paranca, lift nets etc).

 

*** Fish, mollusk or crustacean species that will be fishing target.

 

**** The license request sign (owner, owners, or legal represents of the subject).


 

Annex 1/1

 

 

 

To the Ministry of Agriculture and food

 

FISHERY DIRECTORATE T I R A N A

REQUEST FOR PROFFESIONAL FISHERY LICENSE RENNOVATION

 

(Mod. KP1/1)

 

 


 

Subject:                                            


 

License N0.                                                


 

 

By address:                                                                                                                     Present the request for renovation of professional fishing license, area:

*                                                                                                                        By fishing form**                                                                                               Of species catching***_                                                                                

By fishing boat                                                                                                 By sailing boat                                                                                                 By stationary gears                                                                                        

In owner of:                                                                                                       

 

The fishing boat (or sea shore sailing boats and/or inland waters/ stationary gears) has the characteristics, gears and the systems according the datas represent in attached form for licenses archive.


 

 

date                         


 

 

****                                      


 

 

 

Note: the above marks legend:

 

* Marine waters, sea shore (according administrative map, specified landing place), the lake, lagoon, reservoir, river etc.

 

** In marine fishing has to be noted the fishing form (bottom, pelagic, surrounding nets, selective gears (gillnets, hooks etc); in inland fishing has to be noted the gears and fishing tools (gillnets, hooks, trawl nets, fish weirs, paranca, lift nets etc).

 

*** Fish, mollusk or crustacean species that will be fishing target.

 

**** The license request sign (owner, owners, or legal represents of the subject).


 

Annex 2


 

 

 

 

 

To the Ministry of Agriculture and food

 

FISHERY DIRECTORATE T I R A N A

The Form for Archive  Licenses

 

(Mod. ARK1)


 

 

I.BOAT IDENTIFICATION

1. Name, surname and address of license owner/holder:

………………………………………………………………………………….

2. Boat Name.........................................

Year of construction............................Place of construction..........................

3. Registered Port…....................... .., date ...................... ………………….

4. Registered Number....................................

5. Owner and Flag evidence, issued, date....................................................

6. Sailing Certificate, (security) issued, date.................................................

7. Basic Port activity……………………………………...............................

8. Minimal crew number..................................................................................

 

II.BOAT CARACTERISTICS

9. Building stuff of hull.........................

10. Tonnage according the register: BRT..........NRT.............

11. The length..................Width.................Immersion……………….................

12. Engine type...............................Engine power (HP)....................................

13. Sailing equipments......................................................................................

14. Communication equip...............................................................................

15.Fish discover equip....................................................................................

16. Crane type……………………………………............................................

17. Fishery mechanized equip.……………………………….......................

18. Auxiliary engines………………………………..........................................

19.Light source……………………………………...........................................

20. Fish treatment equipments

Refrigerator Capacity……………………………………….................................. Frigidity Temperature.............................................................................................

21. Fishing gears:

Type of nets used………………………………………………................................ The quantity............................................................................................................

22. Number of boat punts..........................................................................................

 

Date.............                                                                           Boat owner


 

Annex 3

 

 

Data determination and describe of a registering

 

 

Area name

Maximal

number of characters

 

 

Determinations and comments

 

Registration country

 

3

 

Alpha-3 ISO code in which the vessel is registered for fishing-- ALB

 

 

 

NFR - CFR

 

 

 

12

 

(National (Community) Fleet Register number) Unique Identification number of a fishing vessel. Alpha-3 ISO code followed from identification stringe (9 characters).

One string less than 9 characters has to be accomplished, in the left side by the 0

 

Event code

 

3

 

 

Code that indicate the kind of the declared event (Tab. 1)

 

Event date

 

8

 

 

Date (YYYYMMDD) in which the event happened

License indicator

1

 

The vessel is equipped by fishing license Y(yes) N(no)

Matriculate number

14

 

 

External matriculate

14

 

 

Vessel name

40

 

 

Activity port

5

 

International codification

 

IRCS indicator

 

1

 

The vessel has the international radio in board

:Y(yes)/ N(no)/ U (unknown)

 

IRCS

 

7

 

 

International Radio Call Sign (International Call Indicator)

 

VMS- Indicator

 

1

 

Vessel Monitoring System. The vessel is equipped by a dispozitiv for localization through the satellite. : Y(yes)

N(no)

Principal fishing net

3

 

Principal net codification (tab. 3)

Secondary fishing net

 

3