PART 1
Article 1 Citation This document can be cited as, “Somali Fisheries Law”.
Article 2 Interpretations For the purpose of this law, every term has the following meaning:
1. Ministry: means the Ministry of Fisheries and Marine Resources of Somalia.
2. Minister: means the Minister for the Ministry of Fisheries and Marine Resources of Somalia.
3. Aquatic animals: means any plants and animals living in water, (with the exception of birds), including fish, crustaceans, coral, and aquatic reptiles, their eggs, shells, or marine mammals and other naturally occurring living organisms.
4. Fishing: means the act of taking, harvesting or catching fish and any other types of aquatic animals.
5. Fishing license: means the permission issued to any party that meets the fishing requirements and requests to conduct fishing work, trade or carry out research on the production of Somali marine resources.
6. Fishing vessel: means any craft, boat, raft or barge used for fishing activities.
7. Licensing: means the permission granted by the Ministry of Fisheries and Marine Resources to the applicant who requests for a fishing license.
8. Inspector: means the individual assigned to inspect.
9. Owner: means anyone related or associated with fishing vessels possessing fishing license or any person who owns the vessel and any charterer or sub-charterer.
10. Protected marine species: means marine mammals, endangered species and other aquatic organisms whose fishing is prohibited.
11. Target species: means aquatic animals for which the fishing license has been issued.
12. Vessel’s Logbook: means the logbook required to be maintained on board of the licensed vessel.
13. National flag: means the national flag under which the vessel is recognized to be registered in accordance with international law.
14. Foreign Fishing Vessel: refers to any vessel that is used for fishing, for economic related operations, or for research on marine resources from a foreign country.
15. Catch: means the resource caught with fishing gear such as trawl, hook, purse-seine.
16. Bycatch: refers to any species caught inadvertently or not targeted.
17. Landing sites: refers to the catch that is actually brought to the land.
18. Storage area: refers to areas where fishing gear is stowed below deck, and removed from the place normally used for fishing.
19. Inland waters: refers to the rivers and water catchments where aquatic animals live.
PART 2
Article 3 Length of Somali Coastline a) The length of Somalia coastline is 3,333km with the width of 200 nautical miles. b) The restricted zone reserved for Somali fishermen living on the coast, and prohibited any other fishermen is 12 nautical miles. c) The protection zone that protects coastal fishermen and in which fishing vessels are not permitted to enter is up to 24 nautical miles. Only coastal fishermen are allowed to fish within 24 nautical miles. d) Beyond 24 nautical miles, licensed vessels are allowed to access up to a length of 200 nautical miles of the Indian Ocean & Red sea.
Article 4 Responsibility of the Ministry
1. The Ministry shall be responsible for the management and development of the marine resources in Somalia and for enforcement of this Law.
2. The Ministry shall gather information on marine resources and data related to fisheries, coordination and management, and publish relevant data concerning fishing activities and protection of resources in Somalia.
3. The Ministry shall also be responsible for the development of the country’s fisheries sector and promote modern local fishing activities as well as other relevant aspects, including foreign investments that would benefit coastal communities.
Article 5 Fisheries Management Principles
1. The Ministry shall ensure that aquatic and coastal resources of Somalia are protected and managed properly in order to: a) ensure that the living resources are not endangered, and that they and their environment are protected while benefitting from them. b) ensure that those resources produce the optimum sustainable yield while taking into account relevant environment for economic, and social factors.
2. The Ministry shall ensure that the access by other nations to living resources in Somali waters is properly controlled and managed in order to ensure that the combined exploitation of any particular resource, by both native and foreign fishing vessels, during any period will not exceed the total allowable catch for the resources over the period determined by the ministry, taking into account the best scientific data available to the ministry as well as other relevant factors, including the impacts of harvesting on resources associated with it.
3. The Ministry shall develop policies for the marine sector, in the rivers and water catchments and the plans that will form a basis for this Law.
Article 6 Fisheries Development
1. The Ministry shall cooperate and consult with state organs, International Organizations and with Non- Governmental Organizations (NGOs) and other stakeholders in the country, to promote the development traditional and industrial fisheries and other related industries through such measures as: a) Provide employment and capacity building services; b) Conduct scientific researches; c) Promote cooperation between the Ministry and fishing communities; d) Promote markets and marketing of fishery products; e) Provide fishing equipment and develop infrastructures; and f) Promote fishing and aquaculture skills and practices.
Article 7 Administration of Fisheries
1. The Ministry shall prepare management and development plans for fisheries in Somali waters, and will ensure that fisheries development programs are based on those plans.
2. Each plan shall: a. Identify each fisheries resource and assess the present state of its exploitation; b. Specify the objectives to be achieved in the management of fisheries; and c. Specify the fishing licensing program and assess the benefits resulting from the current period.
3. For the preparation of each fisheries management and development plan, the ministry shall: a. Consider and be guided by the principles set out in Article 4 of this law; b. Consult with persons engaged in fisheries, regional administrations and all those affected by the government's plans; and c. Present a draft plan concerning the administration of fisheries in all regions of Somalia.
4. Ministry shall consult wherever feasible with Governments, fisheries administrations, authorities of other States in the region, and in particular, with those sharing same or related stocks with a view of harmonizing and improving fisheries management in the region as a whole.
5. The Ministry shall regularly publish a journal or a website where plans and official information are written.
Article 8 Management of Fisheries
1. The Ministry shall adopt regulations for the management of the fishing activities.
2. Measures for fisheries shall include, but shall not be limited to: a. Seasonal closure of designated areas for specific fish species or limitation on the fishing methods and vessels; and b. Limitations on the methods and gears, including mesh size and other means and on commercial species.
3. Regulate the landing of fish and provide management frameworks for fish landing sites.
4. Control the production or harvesting of any aquatic living organisms from Somali waters.
5. The Ministry shall regulate and enforce management measures to prohibit the possession, and trade of any fishing gears or aquatic living organisms unless having authorization from the Ministry.
Article 9 Fisheries Information and their Publication
1. The Ministry shall collect statistical data and manage public information concerning fishing activities in Somalia.
2. The Ministry shall analyze and publish statistics and other information on fisheries.
3. The Ministry shall require anyone engaged in fishing or related activities to provide information concerning their activities in the most adequate form to the assigned officer.
4. The Ministry shall consults and cooperates with other state departments, fisheries management authorities of other States in order to harmonize and coordinate management measures, and exchange of information on fisheries.
Article 10 Researches
1. No vessel shall be allowed to carry out research on aquatic resources in Somali waters without authorization from the Ministry or in consideration of the fishing license it possess.
2. The Ministry may issue a written permission to anyone or a fishing vessel with the aim to carry out scientific research while respecting the conditions prescribed by the Ministry, and the participation of Somali experts.
3. The Ministry shall support and encourage the capacity of Somali citizens on scientific research in order to achieve high production yield.
Article 11 Limitation of Fishing Where proper management of fisheries requires limitations on the number of persons or of vessels, nets, areas or other conditions employed in fishing activities, the Ministry may, by publication in the Official Bulletin of the Republic or other means of information outlet, such limitations may include:- a. Issuing permits or new licenses; b. Imposing a special license or paying tax; and c. Preferential issuing license for other fisheries.
PART 3
Article 12 Registration of Fishing Vessels
1. The Ministry issues fishing licenses to fishing vessels operating in Somali waters while considering the Regional States in which the vessels are operating.
2. The Ministry issues to the applicants fishing licenses they are in need of while they will get valid registration for their fishing vessels.
3. No person shall use any vessel for fishing in Somali waters without having a valid registered fishing license.
4. A certificate of registration issued in the prescribed way may be used on payment of taxes imposed on the owner or on to the vessel.
5. Any person who uses any vessel for fishing in Somali waters without a valid certificate of registration shall face prosecution under the laws of the country.
6. The application for fishery license shall be submitted in writing, and shall briefly states the following:- a. Name, description of vessel, flag and country of registration; b. Name of the owner, charterer or operator, if any, master captain of the vessel; c. Address of the owner or charterer or operator; d. Length and beam of the vessel; e. Place and date constructed; f. Average and real weight of the vessel; g. Engine capacity/power and type of engine; h. Number of crew and nationalities; i. Logbook to record the catch must be on board the vessel; j. Assigned international call signs, navigational equipment and facilities on board the vessel; k. Description of fishery activities as requested and the applicant’s signature; l. The type of fishing requested for fishery; m. Indication of fishing technique; n. Fishing methods and equipment/gear(s) used; o. Production methods to be used, description of marketing strategies, destination and utilization of the product; p. Description of fishing location; q. The number of fish or other aquatic animals that may be caught; r. Period for which the license is valid; s. Details of the assistant captain; name, qualifications, and the country of origin; t. Provide any information request by the Ministry. u. It must have an office in the country.
Article 13 Acceptance of Fisheries Agreement The Ministry may undertake consultations if needed, and enter into Agreements with other Governments and International Organizations with the mandate to negotiate of Fishing Agreements.
PART 4
Article 14 Issuing license in General
1. Without any distinction, a fishing license can be issued to anyone who meets the conditions specified in this law.
2. Somali fishermen shall have special privileges of having access to fishing and obtaining fishing permits.
Article 15 Fishing and Entry Permits into Somali Waters
1. No foreign fishing vessel shall fish, attempt to fish or participate in fishing operations in Somali waters without a valid license issued under this Law.
2. Any fishing vessel that enters Somali waters without having a valid license shall be presented to the Court and subjected to Somalia Fisheries Law.
3. Any fishing vessel that enters Somali waters and found in violating of Article 11 of this Law shall be considered as an offender and will be prosecuted under this Law.
4. All foreign fishing vessels seeking legitimacy of fishing rights in Somali waters should have an entry permit issued by the Ministry of Fisheries and Marine Resources.
Article 16 Issuing of Foreign Fishing License
1. All fishing licenses issued by regional administrations or subsequent interim governments between January1991 and before the ratification of this Somalia fisheries law, shall be invalid with effect from the date this law comes into force.
2. An application for licensing of foreign fishing vessel shall be submitted in a written request to the Ministry in the prescribed form.
3. The Ministry may issue licenses to foreign fishing vessels if: a. Upon realizing the existence of surplus fishery resources for the employment of Somali fishing communities; and b. Upon reckoning surplus of fishery resources and indication of stock levels.
4. A licensed foreign fishing vessel shall abide by conditions stipulated in this Law.
Article 17 Fishing License to Locals
1. The following types of fishing vessels shall be exempted from licenses: a. Non-motorized. b. Motorized but with an length overall of not more than 4 meters; or c. Used exclusively for recreational fishing.
2. Every application by a local fishing vessel license shall be made in writing to the Ministry with the requirements set out in this Law (License form).
3. Every citizen seeking to obtain a license for a foreign fishing vessel must comply with the set conditions including the management and payment procedures such as paying the fees and state services.
Article 18 Fees and Other Payments
1. The fees payable in respect of a local fishing vessel license, shall be determined by the Minister and published in a Ministerial circular distributed to all current license holders and other interested parties.
2. No national fishing vessel can be used for fishing, unless exempted under Article 17 of this law.
3. The Ministry may exempt to any categories of meriting local vessel from the requirements of this law, subject to conditions prescribed by the Ministry.
4. The officer in charge of issuing licenses, after having considered the circumstances of local fishing vessels can waive the arrears fees.
Article 19 Validity of Foreign Fishing License A fishing license under this Law shall be valid for a period not exceeding one year.
Article 20 Licenses not Transferable Fishing license issued under this Law is not transferable to a second party if it is not approved by the Ministry of Fisheries and Marine Resources.
Article 21 Keeping License The fishing license shall be kept on board of the licensed fishing vessel and must be available at the request of authorized officer.
Article 22 License Use Any use of the fishing license under this Law shall be in accordance with the systems and procedures set out.
Article 23 Authority of Issuing Licenses
1. The Federal Republic of Somalia has the authority to issue licenses having consultation with the Regional Governments on the concerned areas.
2. As stipulated in Article 54 of the Federal Constitution of Somalia, until establishing a law specifying economic and revenue sharing, relating to fisheries licenses shall be deliberated by the Federal Republic and Regional Governments on how to share revenue from fishery license.
Article 24 Obligation of Fishers Any person granted fishing license shall: a. Abide by the laws of the country and regulations of the Ministry; and b. Submit regular reports regarding fishery activities, quantities and types of aquatic living organisms caught inadvertently.
Article 25 Protection of Marine Living Organisms (Endangered Living Organisms)
1. No one shall be permitted to fish endangered aquatic organisms in Somali waters.
2. Endangered aquatic organisms caught accidentally must be released and returned to the waters.
3. Except with a written permission of the Ministry, no one shall collect or destroy corals reefs, mangrove trees and sea shells.
Article 26 Control and Inspection
1. Whoever is involved in fishing activities may be subjected to inspection or control whenever necessary; inspections and controls will be carried out by entities authorized by the Ministry of Fisheries and Marine Resources.
2. Anyone who violates the provisions of the regulations set out in this Law shall be taken to the nearest port of the country.
3. If any vessel or entity whether licensed or not, commits an offence in Somali waters and crosses the border of another country, it will be sued in absentia in accordance with the relevant international laws.
Article 27 Authorized Officer The Ministry shall designate its staff to serve as the officer responsible for the implementation of this Law.
Article 28 Powers of the Inspector
1. Any designated inspector/observer has the right to enter, inspect, and control any premises suspected of holding fish or other marine products that are illegally acquired against this law.
2. The inspector/observer has the right to control and inspect places where fish is farmed, prepared, processed, landed or stored.
3. The inspector has the right to take samples of fishery product is engaged.
4. Any fish product found unfit for human consumption, diseased or otherwise carry contagious diseases shall be confiscated.
5. The inspector has the power to stop and board a fishing vessel in Somali waters to control and inspect its catch, fishing gear and related equipment.
6. Anyone who violates this law shall be brought to a competent court as soon as possible.
7. Any officer designated to inspect shall carry proper identification document and present it on request or needed.
PART 5
Article 29 Offenses The Captain and the crew of any vessel that violate the provisions of this law shall be deemed criminal and the following penalties will be applicable:
1. The master or crew of any vessel that commits an offense inside Somali waters shall be brought to a court.
2. Any person (citizen or foreigner) who commits an offense in Somali waters shall be brought before a court for the offenses committed.
3. Any person using explosives substances, illegal fishing equipment, destroying coral reefs or mangrove trees or sea shells, poison to kill or disable fish, aquatic living organisms shall be brought to a competent court.
4. Any fishermen violating the instructions of the Ministry mentioned in this law shall be brought to a competent court.
5. Fishermen who target sea mammals or other endangered aquatic species shall be prosecuted in a court.
6. Anyone who exports or destroys corals, mangrove trees or any shell without the permission of the Ministry shall be prosecuted.
7. Any unauthorized or unregistered vessel shall be prosecuted.
8. Anyone who fails to provide required information or misleads the officers of the Ministry shall be prosecuted.
9. Any vessel or aircraft that commits the offense of dumping industrial or nuclear waste shall be prosecuted for these crimes.
Article 30 Penalties
1. Anyone found guilty of an offense related to Article 29 (1) shall be liable to a fine ranging between US$50,000 – $500,000 (Fifty thousand US dollars to five hundred thousand US dollars).
2. Anyone found guilty of committing criminal acts stipulated in Article 12 (3&5), shall be liable to a fine between US$ 50,000 -$100,000 (Fifty thousand US dollars to one hundred thousand US dollars).
3. Anyone found using explosive substances, illegal fishing equipment, fishing during monsoon seasons, destroying coral reefs or mangrove trees or sea shells, shall be liable to a fine between US$ 500,000-$5,000,000 (Five hundred thousand US dollars to five million US dollars).
4. Anyone who commits criminal acts stipulated in Article 29 (2 to 8) shall be punishable by a fine between US$ 100,000 – $500,000 (One hundred thousand US dollars to five hundred thousand US dollars).
5. Any person or organization that commits the offenses stipulated in Article 29 (9) shall be liable to a fine between US$ 100,000,000-$500,000,000 (One hundred million US dollars to five hundred million US dollars) as well the cost for restoring and cleaning the affected environment.
6. Penalties for small boats (such as canoes) that violate the fisheries Law shall be fined as follows: A. A fine between US$ 200 – $400 (two hundred US dollars to four hundred US dollars), for small non-motorized boats. B. A fine between US$ 700 – $1,000 (Seven hundred US dollars to one thousand US dollars), for small motorized boats with an engine power of 6–30 horsepower (HP). C. A fine between US $1,100 – $1,500 (One thousand one hundred US dollars to one thousand five hundred US dollars), for small boats with an engine power of 31 – 60 horsepower (HP). D. A fine between US$ 1,000,000 – $10,000,000 (One million US dollars to ten million US dollars), for large boats with an engine power of 101 Horsepower (HP) and above. E. Where the offense is very serious or repeated, the offender shall be presented before a competent court. F. Anyone who refuses to provide required information or fails to fulfil the provisions of this Law shall be fined between US$ 1,000 – $5,000 (One thousand US dollars to five thousand US dollars) G. A person who fails to perform his/her duties and fails fulfil any of the terms and conditions of this Law shall risk their licenses being revoked. H. All fines collected under the above mentioned penalties shall be in accordance with the financial regulations set out by the Ministry of Finance of the Federal Republic of Somalia.
Article 31 Confiscation of Property
1. Whoever commits a serious offence shall have their vessel and equipment confiscated upon the court’s ruling.
2. All fishes and aquatic living organisms found on board the vessels shall be confiscated.
3. All the offences under this Law shall come under the competent Somali court that has relevant jurisdiction.
PART 6
Article 32 Administrative Resolutions Unless an offense constitutes heavy fine, the Ministry shall resolve it through negotiation.
PART 7 Prohibited Issues
Article 33 Prohibited Fishing Methods
1. Fishing vessels engaging trawl fishing methods are forbidden to fish in the waters of Federal Republic of Somalia.
2. Use of purse seine nets with a stretched mesh size of less than 50mm is prohibited.
3. Use of small size hooks to catch small fishes (Groupers) living at the sea bottom, known as breeding zone is prohibited.
4. Uses of explosives, toxic substances, electricity, etc. for fishing are prohibited.
5. The Minister shall issue detailed regulations on prohibited fishing methods and equipment.
Article 34 Hunting Sea Mammal and Turtles
1. No one shall kill, run after or harm sea mammals and turtles.
2. No one shall be able to catch and trade sea mammals or turtles, dead or alive.
3. Fishermen and coastal communities have the duty to return back to the sea mammals and turtles that may be trapped inside the water or coastal areas.
4. Use of turtle shells and eggs for commercial purposes is prohibited.
5. No one shall settle or operate in the breeding zones for sea mammals and turtles.
6. In the event that sea mammals and turtles inadvertently get trapped in fishing nets or other equipment, they shall be released immediately and returned back to the water.
7. The Minister shall issue regulation of sea mammals and turtles that need protection.
Article 35 Polluting Fishing Waters
1. No one shall intentionally or unintentionally dump any polluting substances or wastes into the fishing waters of the Federal Republic of Somalia, which may: a. Affect marine resources, birds, the environment and human beings. b. Disrupt fishing activities. c. Pose a threat to sea navigation.
2. In the event polluting substances or wastes are accidentally or unintentionally dumped in the sea, the captain or the master of the transport shall immediately report the event with the following information to the Ministry of Fisheries and Marine Resources: a. Name of the reporter; b. Name, call sign and registration number of the vessel; c. Type of waste and it’s nature; d. Date and time; and e. Location.
Article 36 Destruction of Coral Reefs
1. No one shall destroy or trade coral reefs that serve as habitat or source of food for the aquatic living organisms.
2. The use of metal rods to extract lobsters from their hideout that damage the edges of the coral reefs is prohibited.
3. Use of large hooks that destroy coral reefs for catching fish living on the bottom of the sea are prohibited.
4. Use of any fishing gear that may cause the destruction of coral reefs in the waters of the Federal Republic of Somalia is prohibited.
5. This article is not applicable to development activities for restoration or creation of coral reefs to be implemented in areas designated by the Ministry.
Article 37 Destruction of Mangrove Trees
1. No one shall be permitted to cut and trade on mangrove and other coastal trees that serve as food for the aquatic living organisms and protect soil erosions from the coastal areas.
2. Unless authorized by the Ministry of Fisheries and Marine Resources, no one shall be allowed to settle, conduct commercial activities, undertake research or conduct other activities in mangrove areas.
3. The Minister of Fisheries and Marine Resources shall issue a circular on areas recognized as coastal plants.
4. It is prohibited to pollute the environment including coastal areas, mangrove areas, estuaries and nurseries.
Article 38 Working in a Foreign Fishing Vessel
1. Any foreign fishing vessel with a fishing permit in the Somali waters shall employ a number of national seamen.
2. Considering the capacity of the fishing vessel, the Minister shall decide on the number of seamen to be employed on the vessel.
3. Local fishermen shall have the same rights as foreign fishermen.
4. Local fishermen are entitled to shelter, food and healthcare services on the vessel.
5. Local fishermen shall board from seaport and shall be returned to the same point.
Article 39 Permission to Work in the Country
1. No person or agency shall be allowed to hire foreign fishermen as long as there are local fishermen capable of performing the job.
2. No foreign fisherman shall be allowed to operate in Somali waters or inside the Federal Republic of Somalia without permission from the Ministry of Fisheries and Marine Resources.
3. Fishing companies shall advertise through radios and newspapers for their labour requirements.
4. In the event that the personnel required are not locally available, fishing companies may employ personnel from aboard upon permission from the Ministry.
5. Foreign fishery worker shall apply for a permit issued by the Minister after the payment of permit fee.
6. Every foreign fishing worker shall go through the normal immigration procedures of the Federal Republic of Somalia, medical screening as well as criminal background check.
PART 8
Article 40 Resolutions The Ministry shall issue a circular about proper plans for management and development of all kinds of fisheries activities.
Article 41 Enforcement of this Law The Somali Naval Force shall have the powers to execute this Law.
Article 42 Regulations This Law will have regulations that will be issued by a Ministerial level circular that provides general and specific provisions of fishing activities or concerning fishery resources of the Federal Republic of Somalia, such as:
1. Regulation for registration and supervision of fishing vessels.
5. Regulation for environmental protection of endangered species.
6. Regulation for protected zones of the sea and fishing seasons.
8. Regulation for fish markets, hygiene and general sanitations.
9. Regulation for the protection of mangrove trees, sea birds and coral reefs.
10. Regulation for commercial fish species.
11. Regulation for fish processing and exportation.
12. Regulation for implementation, participation, collaboration and benefit funds allocations for international agreements for marine protection and conservation.
Article 43 Repeal Any Law against or incompatible with this Fisheries law of the Federal Republic of Somalia is hereby repealed.
Article 44 Effective This Fisheries Law shall be effective upon being endorsed by the Federal Parliament of Somalia, signed by the President of the Federal Republic of Somalia, issued via decree and published in the Official Bulletin of the State.
