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Albanian Legislation
Fishing activities in Albanian are regulated by
Law 7908 of 5.4.1995 “On
Fisheries and Aquaculture”, amended (Official Gazette no. 11, publishing
date 31.05.1995, page 421).
Law 7908 of 5.4.1995
has been amended several times through the years with the following laws
approved by the Assembly:
Law No. 8763, of 02/04/2001
"On an addition to Law No. 7908, of 05/04/1995 " On Fisheries and
Aquaculture" Official Gazette: Year 2001, No 19, of: 04.05.2001 Page
567; enabling the regulation of the process of leasing of water areas
for intensive aquaculture.
Law No. 8870, of 21.3.2002
"On some additions to Law No. 7908 of 05/04/1995 " On Fisheries and
Aquaculture”, Official Gazette no. 9, of 22.4.2002, page 218;
introducing the co-management concepts as well as the establishment of
Fisheries Management Organization.
Law No. 10001 of 6.10.2008
“On some additions and amendments to Law No. 7908 of 05/04/1995 "On
Fisheries and Aquaculture”, amended Official Gazette nr. 164, publishing
date 23.10.2008, page 8093, that in the framework of the Regulatory
Reform undertaken by the Albanian Government, intervened in the
licensing process for the fisheries sector by simplifying it.
Other laws approved
by the Assembly, part of fisheries legislation are:
Law No. 9021 of
06.03.2003
“On the adhesion of the Republic of Albania to the “Convention on
International Trade in Endangered Species of Wild Flora and Fauna
(CITES)” Official Gazette: Year 2003, No 22, Page 665; of: 02.04.2003;
Law No. 9055 of
24.4.2003
“On the adhesion
of the Republic of Albania to the “UN Convention on the Law of the Sea”
Official Gazette: Year 2003, No 40, Page 1351; of: 27.05.2003
Law No. 9093 of
03.7.2003
"On the
ratification of the agreement for the establishment of the “General
Fisheries Commission for the Mediterranean (GFCM)". Official Gazette no.
63, of 4.8.2003, page 2816
Law No. 9401 of
19.5.2005
"On the adhesion
of the Republic of Albania to the "Agreement to promote compliance with
international conservation and management measures by fishing vessels on
the high seas". Official
Gazette no. 49, of 23.6.2005, page 1753.
Law No. 9822 of
29.10.2007
"On the adhesion
of the Republic of Albania to the “International Convention for the
Conservation of Atlantic Tuna (ICCAT)" Official Gazette no. 153, of
16.11.2007, page 4464.
Law No 8875 of
04.04.2002
“On Albanian Coast Guard” Official Gazette: Year 2002, No 15, of:
13.05.2002, Page 435;
Law No. 9013 of
10.7.2003
“On the protection of transboundary lakes” Official Gazette No 65,
Publishing date: 04.08.2003, Page 2895;
Decisions approved
by the Council of Ministers:
DCM No. 151, of
13.3.2003
“On transferring the administration responsibility for the fishing ports
in Vlorë and Sarandë and approving the agreement format for transferring
the use of fishing ports to the Fisheries Management Organizations
(FMO)” (Official Gazette: Year 2003, No 20, Page 601; of: 25.03.2003)
DCM No. 487, of
16.7.2004
“On changing and transferring administration responsibility for some
facilities of the support base in Sarandë and the support base in
Shëngjin, from the Ministry of Defense to the Ministry of Agriculture
and Food and on some amendments to decision no. 515, date 18.7.2003 of
the Council of Ministers “On the approval of government real estate
inventory list, the administration responsibility of which, is
transferred to the Ministry of Defense” (Official Gazette: Year 2004, No
52, Page 3464; of: 30.08.2004)
DCM No. 1062, of
16.7.2008
“On defining the
competencies of the Fisheries Inspectorate and the establishment of a
control system for the application of management policies in fisheries”
(Official Gazette no. 129, of 05.08.2008, page 5688) as an approximation
of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a
control system applicable to the common fisheries policy, CELEX No.
31993R2847; OJ No L 261, 20. 10.1993, p. 1)”.
DCM No. 1050, of
21.7.2008
“On supplying of
fishing vessel with excise free fuel” Official Gazette: Year 2008, No
128, Page 5661; of 04.08.2008.
DCM No. 547,
of
13.5.2009
“On the procedures
and prices for leasing water areas for intensive aquaculture” Official
Gazette: Year 2009, No 97, of 03.07.2009, Page 4251.
DCM No. 622, of
11.06.2009
“On changing administration responsibility from the Ministry of Defense
to the Ministry of Environment, Forestry and Water Administration for
6467.31 m2 of surface, part of property no.974 “support base,
Shëngjin, Lezhë” and on an amendment of decision no.515, date 18.7.2003
of the Council of Ministers “On the approval of government real estate
inventory list, the administration responsibility of which, is
transferred to the Ministry of Defense”, amended” (Official Gazette:
Year 2009, No 104, Page 4989; of: 16.07.2009)
DCM No. 954 of
30.09.2009
“On the organization, structure, function of Inter-institutional
Operational Marine Center (IOMC) and on the interaction with government
institution involved in maritime affairs” (Official Gazette: Year 2009,
No 155, Page 6951; Publishing date: 20.11.2009)
Regulations and
other bylaws approved by the Minister:
Regulation No. 1,
of 29.3.2005
“On implementing
legislation in fisheries and aquaculture”
Regulation No. 4,
of 24.10.2008
"On devices allowed to be
attached to trawls, Danish and boat seines and similar nets"
(Official Gazette nr. 165, publishing date 28.10.2008, page 8151) as a
full approximation of Council Regulation (EEC) no. 3440/1984 (Commission
Regulation (EEC) No 3440/84 of 6 December 1984 on the attachment of
devices to trawls, Danish seines and similar nets, CELEX No. 31984R3440;
(OJ L 318, 7.12.1984, p. 23).
Regulation No. 5
of 24.10.2008
"On
determination of detailed rules for the measurement of mesh size and the
assessment of twine thickness in fishing nets"
(Official Gazette nr. 165, publishing date 28.10.2008, page 8155) as a
full approximation to Commission
Regulation (EEC) No 517/2008 (Commission Regulation (EEC) No 517/2008 of
10 June 2008 “laying down detailed rules for the implementation of
Council Regulation (EEC) No 850/98 as regards the determination of the
mesh size and assessing the thickness of twine of fishing nets” CELEX
No. 32008R0517; OJ L 151/6 11.6.2008)
Regulation No. 6
of 13.2.2009
“On laying down
detailed rules for recording information on catches of fish” (Official
Gazette no. 17, publishing date 27.2.2009, page 1142) as full
approximation of Commission Regulation (EEC) no. 2807/83 (Commission
Regulation (EEC) No 2807/83 of 22 September 1983 “laying down detailed
rules for recording information on Member States’ catches of fish” CELEX
No. 31983R2807; (OJ L 276, 10.10.1983, p. 1)).
Regulation
No. 7 of 3.3.2009
“On some amendments to Regulation no 1 date 29.3.2005
“On implementing legislation in fisheries and aquaculture”
Regulation
No. 8 of 11.11.2009
“On management measures for the sustainable exploitation of sea fishery
resources” (Official Gazette nr. 173, of 16.12.2009, page 7690) as
partial approximation of Commission Regulation (EEC) no. 1967/2006
(Council Regulation (EEC) No 1967/2006 of 21 December 2006 “concerning
management measures for the sustainable exploitation of fishery
resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93
and repealing Regulation (EC) No 1626/94” CELEX No. 32006R1967; OJ L
409/11, 30.12.2006)). The Regulation has been partially approximated,
because some of the measures foreseen in EC Regulation involve several
actors, which will be enabled when the new law will be prepared.
Regulation
No. 9 of
25.01.2010
“Establishing
a system to prevent, deter and eliminate illegal, unreported and
unregulated fishing”
(Official Gazette nr. 14, publishing
date 25.02.2010, page
461).
This regulation is a partial approximation of the Council Regulation
(EC) no. 1005/2008 of 27 October 2008 “establishing a Community system
to prevent, deter and eliminate illegal, unreported and unregulated
fishing”
Regulation
No. 10 of
18.06.2010
"On
laying down procedures to obtain the permissions and the public
competition procedures for exercising the marine fishing activities, in
inland water and inland and marine aquaculture" (Official
Gazette no.
93,
of
21.7.2010,
page
5021)
Common
Guideline of the Ministry of Finance and the Ministry of
Environment, Forestry and Water Administration,
No 23 of 07.08.2008 “On
supplying of fishing vessel with excise free fuel”, Official Gazette:
Year 2008, No 133, Page 5927; of: 13.08.2008 effective as of 13.08.2008.
Three Orders
issued annually by the Minister concerning the
prohibition of fishing in Ohrid Lake during the period of 1st of
November – 1st of March, prohibition of fishing in the Macro and Micro
Prespa Lakes during the period of beginning of May – beginning of June,
and the prohibition of fishing in Shkodra Lake during the period of 15th
of April – 15th of May
General outline of marine
capture fisheries legislation and regulations in Albania
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Table of contents |
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I. |
Access regimes to fisheries
resources |
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Commercial
fishing licences |
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Scientific
research authorisation |
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Sport
fishing licences |
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II. |
Definition of terms |
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III. |
Conservation and management
measures |
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Planning
instruments |
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Commercial
fishing |
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Sport
fishing |
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IV. |
Monitoring, control and
surveillance |
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New Albanian Fisheries Law frame
New Albanian Aquaculture Law frame |