The CoC20 NOTED that no coastal CPC provided their regulation on transit and/or innocent passage, including notice form and contact details, to the IOTC Secretariat during the intersessional period and encouraged coastal CPCs to provide relevant information.
Below is the national regulation and notice forms and contact details for coastal State CPC.
Coastal State regulation and forms on transit / innocent passage | |
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Australia
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Bangladesh
Section 23 (2), 23 (3) & 23 (4) under Marine Fisheries Act, 2020 and Rule no 22 under Marine Fisheries Rules, 2023 (Bangla). 23. Restriction on entry of foreign fishing vessels in the Bangladesh Marine Fisheries Waters. (1) No foreign fishing vessel, without a licence, shall enter the Bangladesh Marine Fisheries Waters. (a) passage through the Bangladesh Marine Fisheries Waters in the course of a voyage to destination outside of the Bangladesh Marine Fisheries Waters; (3) Any foreign fishing vessel entering the Bangladesh Marine Fisheries Waters for any purpose set out in sub-section (2) shall: (a) comply with this Act as well as other laws of the country in force; and (4) For the purposes specified in sub-section (2), any foreign fishing vessel, in such manner as may be prescribed, shall inform the Government or, as the case may be, the Director about its entry in and departure from Bangladesh Marine Fisheries Waters.
There is no prescribed notice form but according to the rule no 22(1) of the Marine Fisheries Rules, 2023, foreign fishing vessels required to send notice to the Director (Marine) mentioning:
Foreign fishing vessels are required to send notice to the Director (Marine), Marine Fisheries Office, Department of Fisheries, CGO Building no-1, Agrabad, Chattogram, [email protected] | |
Comoros
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European Union
There is no necessary declaration for a fishing vessel of a third State in simple transit, but: - an obligation to stowage fishing gear for vessels without a fishing authorisation (Article 32 of Regulation (EU) 2017/2403) - a prior declaration in case of access to a Union port (Article 6 of Regulation (EC) No 1005/2008) - a principle of prohibition of access to ports for IUU vessels (Article 37 of Regulation (EC) No 1005/2008) - the need for a fishing licence issued by the Commission to fish in Union waters (Article 32 of Regulation (EU) 2017/2403). EU rules apply to these third country vessels, including, for example, the obligation of AIS (Article 10 of Regulation 1224/2009) - prohibition to retain on board shark fins (Article 2 of Regulation (EC) No 1185/2003). The provisions to be applied are to be found in the reference regulations of the Common Fisheries Policy:
In addition, there are additional obligations applicable to Seychelles tuna seiners authorised to fish in Mayotte EEZ under SFPA EU/Seychelles. An additional rule is set out in the Agreement, Annex, Section 3 to Chapter IV: Seychelles vessels shall notify the CNSP at least 6 hours in advance of their intention to enter or leave Union waters and communicate their position and the tonnage and species of the catches retained on board.
National Fisheries Monitoring Centre (CNSP) and Overseas Operational Centre : +33 2 97 29 34 27 | |
France Territories
The French legislation in force, in this case Article L958-7 (amended by Ordinance No. 2016-391 of March 31, 2016 - art.11) provides: "Any fishing vessel or vessel fitted for the transport of fish entering the economic zone extending off the coasts of the French southern islands and the Scattered Islands is required to report its entry into the said zone as well as its exit and to declare the tonnage of fish kept on board." In addition, "Article L958-8 punishes the following with a fine of €300,000: 1° To engage in fishing or hunting of marine animals, without having first obtained the authorization required by article L. 955-4; 2° To proceed to the exploitation of seafood products on land or on board a ship, without having first obtained the authorization required by article L. 955-4; 3° To fail to report entry into and exit from the economic zone or to declare the tonnage of fish held on board. 4° To engage in fishing, in prohibited areas or times, in contravention of the provisions set out in article L. 955-4. "
Reporting form: Reporting form excel format 1/ Any fishing vessel or vessel equipped for the transport of fish entering the EEZ is required to report its entry (position, date, time) and to declare the tonnage of fish to the CNSP and the TAAF administration according to the table provided in the form above, must do so according to the following procedures: - upon first entry into the EEZ, with 24 hours notice; - upon subsequent entries into the EEZ, with 3 hours notice ; - upon exit, with one hour notice; - within the hour following each entry or exit from the EEZ, if this is not done in the entry/exit declaration, the vessel communicates its position and tonnage of each species of fish held on board and the number of FAD on board. On output, the vessel will also communicate the number of fishing operations carried out in the EEZ. 2/ When the vessel is in the ZEE, a satellite vessel monitoring system (VMS) must ensure the transmission of the following information every hour to the CNSP and the TAAF prefect - if the system experiences a temporary breakdown, the fishing vessel is required to notify the CNSP and the TAAF prefect and transmit its position to them every 2 hours maximum, by fax, or email.
National Fisheries Monitoring Centre (CNSP) and Overseas Operational Centre : +33 2 97 29 34 27 | |
India
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Indonesia
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Iran, Islamic Republic of
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Kenya
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Madagascar
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Malaysia
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Maldives
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Mauritius
The master of any foreign fishing boat or foreign fishing vessel or his agent shall provide, by letter, fax or email, to the Permanent Secretary at least 24 hours before the boat or vessel enters into, or exits from, the maritime zones, its position at the time of entry into, or exit from, the zones and the quantity of fish on board by species.
The master of any foreign fishing boat or foreign fishing vessel or his agent shall, by letter, fax or email, at least 72 hours before entry into port, notify the Permanent Secretary and inform him of the purpose of its call into port, submit to him a copy of the vessel, or boat’s authorization to fish and information on the quantity of fish on board.
There is no specific notice form for transit and/or innocent passage. “Notifications for transit and/or innocent passage are sent by the master of any foreign fishing vessel or his agent via letter, fax or email declaring its position at the time of entry into or exit from, the zones and the quantity of fish on board by species”, as stipulated in Section 53 of the Fisheries and Marine Resources Act 2007. Transit and/or innocent passage reporting contacts:
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Mozambique
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Oman
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Pakistan
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Seychelles
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Somalia
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Sri Lanka
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South Africa
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Sudan
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Tanzania
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Thailand Thailand has no the specific regulation on transit and/or innocent passage. However, Thailand has the Notification of the Department of Fisheries on the list of non-Thai fishing vessels engaged in IUU fishing B.E. 2565 (2022) dated 8 April 2022 which is the criteria for the application of the foreign fishing vessel to entry the Thai ports. | |
United Kingdom of Great Britain and Northern Ireland Section 8.(1) of the regulations require a master of a fishing boat to report catches onboard before entering and before the boats leaves the MPA. Section 21 2.(h) defines the right to determine any reporting formats and records to be kept to support the Ordinance.
Contact details for reporting are [email protected] and cc’s [email protected] | |
Yemen
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