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Regulation on transit / innocent passage

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
Australia
  • AUSTRALIA Regulation on transit and/or innocent passage
  • AUSTRALIA Transit and/or innocent passage reporting form and contacts
 
Bangladesh
  • BANDLADESH Regulation on transit and/or innocent passage:

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.
(2) Notwithstanding anything contained in sub-section (1), subject to the provisions of sub-sections (3) and (4), any foreign fishing vessel may enter and stay for a reasonable period of time in the Bangladesh Marine Fisheries Waters for the purpose of:

(a) passage through the Bangladesh Marine Fisheries Waters in the course of a voyage to destination outside of the Bangladesh Marine Fisheries Waters;
(b) averting imminent danger where the vessel and its crew is in distress;
(c) rendering assistance to persons, ships or aircraft in danger or distress; or
(d) obtaining emergency medical assistance for a member of the crew; or
(e) for any other purpose recognised by international law, which is subject of innocent passage.

(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
(b) return outside such waters as soon as the purpose for which it entered has been fulfilled.

(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.

  • BANDLADESH Transit and/or innocent passage reporting form:

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:

    • Name of vessel,
    • Name of owner and address,
    • Registration number,
    • Port of registry,
    • Name of port and country of departure,
    • Name of port and country of arrival,
    • Condition of fish and amount (if any),
    • Name of skipper, officer and crews etc,
    • In addition, Foreign Fishing Vessels are required to declare that no other person in the vessel without skipper, officer and crew, no illegal materials in the vessel and the vessel is not engaged any IUU fishing or not listed any IUU vessel list in the notice.

 

  • BANDLADESH Transit and/or innocent passage reporting contacts

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
  • COMOROS Regulation on transit and/or innocent passage
  • COMOROS Transit and/or innocent passage reporting form and contacts
 
European Union
  • EU Regulation on transit and/or innocent passage (La Réunion and Mayotte)

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:

  1. Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a control system for ensuring compliance with the rules of the common fisheries policy
  2. Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy.
  3. Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing
  4. Regulation (EU) 2017/2403 of THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2017 on the sustainable management of external fishing fleets
  5. Agreement between the European Union and the Republic of Seychelles on access by Seychelles fishing vessels to Mayotte waters (Agreement)
  6. Council Regulation (EC) No 1185/2003 of 26 June 2003 on the removal of fins of sharks on board vessels and Regulation (EU) No 605/2013 of the European Parliament and of the Council of 12 June 2013 amending Council Regulation (EC) No 1185/2003 on the removal of fins of sharks on board vessels.

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.

  • EU Transit and/or innocent passage contacts

National Fisheries Monitoring Centre (CNSP) and Overseas Operational Centre :

[email protected]

[email protected]

+33 2 97 29 34 27

 
France Territories
  • FRANCE TERRITORIES Regulation on transit and/or innocent passage:
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. "
 
​https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000032361268
 
Arrêté 2021-47 du 09 juillet 2021 encadrant l’exercice de la pêche aux thons et autres poissons pélagiques dans les ZEE des îles Éparses
 
Appendix 2 to Annex V - Reporting and monitoring obligation
 
Appendix 3 of this Annex V
 
  • FRANCE TERRITORIES Transit and/or innocent passage reporting form:

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.

  • FRANCE TERRITORIES Transit and/or innocent passage contacts:

National Fisheries Monitoring Centre (CNSP) and Overseas Operational Centre :

[email protected]

[email protected]

+33 2 97 29 34 27

[email protected]

 
India
  • INDIA Regulation on transit and/or innocent passage
  • INDIA Transit and/or innocent passage reporting form and contacts
 
Indonesia
  • INDONESIA Regulation on transit and/or innocent passage
  • INDONESIA Transit and/or innocent passage reporting form and contacts
 
Iran, Islamic Republic of
  • IRAN Regulation on transit and/or innocent passage
  • IRAN Transit and/or innocent passage reporting form and contacts
 
Kenya
  • KENYA Regulation on transit and/or innocent passage
  • KENYA Transit and/or innocent passage reporting form and contacts
 
Madagascar 
  • MADAGASCAR Regulation on transit and/or innocent passage
  • MADAGASCAR Transit and/or innocent passage reporting form and contacts
 
Malaysia 
  • MALAYSIA Regulation on transit and/or innocent passage
  • MALAYSIA Transit and/or innocent passage reporting form and contacts
 
Maldives 
  • MALDIVES Regulation on transit and/or innocent passage
  • MALDIVES Transit and/or innocent passage reporting form and contacts
 
Mauritius
  • MAURITIUS Regulation on transit and/or innocent passage: Section 53 & 54 under Fisheries and Marine Resources Act 2007
  1. Entry into and exit from the maritime zones

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.

  1. Entry into a Mauritian port

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.

  • MAURITIUS Transit and/or innocent passage reporting form and contacts

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:

  • Monitoring Control Surveillance – Port State Control Unit (MCS-PSCU) -  [email protected]
  • Vessel Monitoring System  (VMS) - [email protected]
  • National Coast Guard (NCG) - [email protected]
 
Mozambique
  • MOZAMBIQUE Regulation on transit and/or innocent passage
  • MOZAMBIQUE Transit and/or innocent passage reporting form and contacts
 
Oman
  • OMAN Regulation on transit and/or innocent passage
  • OMAN Transit and/or innocent passage reporting form and contacts
 
Pakistan
  • PAKISTAN Regulation on transit and/or innocent passage
  • PAKISTAN Transit and/or innocent passage reporting form and contacts
 
Seychelles
  • SEYCHELLES Regulation on transit and/or innocent passage
  • SEYCHELLES Transit and/or innocent passage reporting form and contacts
 
Somalia
  •     SOMALIA Regulation on transit and/or innocent passage
  •     SOMALIA Transit and/or innocent passage reporting form and contacts
 
Sri Lanka
  •     SRI LANKA Regulation on transit and/or innocent passage
  •     SRI LANKA Transit and/or innocent passage reporting form and contacts
 
South Africa 
  •     SOUTH AFRICA Regulation on transit and/or innocent passage
  •     SOUTH AFRICA Transit and/or innocent passage reporting form and contacts
 
Sudan
  •     SUDAN Regulation on transit and/or innocent passage
  •     SUDAN Transit and/or innocent passage reporting form and contacts
 
Tanzania
  • TANZANIA Regulation on transit and/or innocent passage
  • TANZANIA Transit and/or innocent passage reporting form and contacts
 
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.

  • THAILAND Regulation on transit and/or innocent passage
  • THAILAND Transit and/or innocent passage reporting form and contacts
 
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.

  • UK Regulation on transit and/or innocent passage
  • UK Transit and/or innocent passage reporting form
  • UK Transit and/or innocent passage contacts

Contact details for reporting are [email protected] and cc’s [email protected]

 
Yemen
  •     YEMEN Regulation on transit and/or innocent passage
  •     YEMEN Transit and/or innocent passage reporting form and contacts
 

 

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