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General outline of marine
capture fisheries legislation and regulations in Albania
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Access regimes to fisheries resources |
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Principle
Use of any fishing
vessel, whether national or foreign, for professional fishing in
Albanian waters is subject to a licensing system. Likewise, “any
other entity” wishing to conduct professional fishing operations
within Albanian waters without using any vessel is required to
first obtain a fishing license (Article 15.1 of Law No. 7908 of
1995). It should be noted that the term professional fishing
is defined as encompassing all types of fishing operations for
economical purposes, thus including both industrial and
artisanal fishing (Article 3.c of Law No. 7908 of 1995). In
Albania, industrial fishing means all forms of professional
fishing by means of trawl nets or purse seine nets, whereas
artisanal fishing covers all forms of professional fishing by
means of fixed or selective fishing gear such as hooks, fixed
nets, trammel or gill nets (Article 1.39 of Fisheries
Regulations No.1 of 2005).
No person can use an Albanian vessel to fish outside Albanian
waters without having first obtained a special authorization to
do so (Article 16.3 of Law No. 7908 of 1995). A special
authorization can be granted only to a vessel that complies with
seaworthiness and safety requirements. In addition, prior to
granting a special authorization to a vessel which was
previously registered in a foreign country, the competent
authority must give due consideration to the vessel past
behaviour in order to determine whether it has breached the law
of that country and/or undermined international conservation and
management measures on the high seas. In case the vessel is
reported as a frequent violator of fisheries laws and
regulations of third countries and/or of international
conservation and management measures on the high seas, it shall
be denied the granting of a special authorization, except where
the owner or the master of the vessel has no connection with the
previous owner or master of the vessel (Article 65.4 of
Fisheries Regulations No. 1 of 2005).
A license is also required for any person wishing to undertake
any activity related to fishing, including transportation of
fish or other aquatic species or any other supporting activities
such as refuelling or supplying of a fishing vessel. However,
related fishing activities do not include fish processing
(Article 17 of Law No. 7908 of 1995).
Access to fisheries resources within Albanian waters by foreign
fishing vessels is authorized:
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(a) through fisheries access
agreements concluded between governments of other countries
or international fishing organizations and the Republic of
Albania; or
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(b) in cases where the
issuing of fishing licenses to foreign fishing vessels:
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(i) is considered
beneficial for Albanian economy, in particular where the
applicant is committed to undertaking investments in the
fishery sector;
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(ii) is viewed as
necessary to ensure sustainable use of fishery
resources, taking into account the capacity of the
national fishing fleet and its development;
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(iii) complies with the
objectives of the fishery and aquaculture administration
plan and with those of the Albanian policy on foreign
investments (Article 19.1 of Law No. 7908 of 1995).
No licenses can be issued to
foreign fishing vessels in a co-management area unless it is
expressly provided for in the relevant co-management plan
(Article 19.4 of Law No. 7908 of 1995).
No licenses can be issued to
foreign fishing vessels
for demersal fishing with trawls and fishing and/or
collection of bivalve molluscs
In fisheries co-management areas, licensing is contingent upon
decisions made at the local level as reflected in the fisheries
co-management plan (Article 31/18 of Law No. 7908 of 1995).
Types of licences
A professional fishing license
may be issued in respect of a fishing vessel or an individual
for the use of a specific fishing gear, in particular fixed or
stationary gear. In Albania, lawmakers have made a distinction
between fishing vessels equipped with a deck and those with no
deck. A separate fishing license is required for each vessel
equipped with a deck whereas a single fishing licence may be
granted for the use of several vessels with no deck provided
that their names are specified in the license (Article 3 of
Fisheries Regulations No. 2 of 2007).
Prerequisites to application
To be eligible for a professional
fishing license, every individual or every fishing vessel in
respect of which such a license is sought must first comply with
registration requirements provided for under Fisheries
Regulations No. 2 of 2007.
Application
Where applying for a
professional fishing license, any individual or owner of a
fishing vessel must submit an application form to the
Directorate of Fisheries Policies together with a certificate of
registration (fishing vessel) issued by the Port Authority and a
certificate of seaworthiness issued by the Sea Register, if
applicable (Article 4 of Fisheries Regulations No. 2 of 2007).
The application must be submitted to the Directorate of
Fisheries at least one month prior to the Licensing Board next
meeting (Article 4 of Fisheries Regulations No. 2 of 2007).
Issuance
Licenses for professional fishing
are issued by the Minister responsible for fisheries on the
proposal of the Licensing Board. The Licensing Board, which
consists of at least five members of the Directorate of
Fisheries appointed by the Minister responsible for fisheries,
reviews license applications submitted to the Directorate of
Fisheries together with the required documents in order to
determine whether all requested information have been provided.
Upon approval, the Licensing Board proposes to the Minister the
names of individuals and vessels to which a license for
professional fishing can be issued (Article 19 of Fisheries
Regulations No. 2 of 2007).
In order to renew a professional fishing license, the holder of
the license must submit an application form to the Directorate
of Fisheries together with the requested statistical data.
Failure to provide such data would result in refusal to renew
the license (Article 10 of Fisheries Regulations No. 2 of 2007).
Licence Fees
In Albania, annual license fees
are determined in relation to the vessel’s engine power and the
type of gear used on board (Law No. 8435 of 28 December 1998,
modified with Law 8713 of 15 December 2000). A distinction is
drawn between vessels operating in coastal areas (internal
waters, shallow waters) and those operating further out to sea.
Transfer
Transfer of a professional
fishing license is subject to an authorization from the
Directorate of fisheries. Such a transfer can be allowed only in
the event that: (a) the vessel to which the license was issued
has ceased to operate; and (b) the vessel to which it is to be
transferred presents similar technical characteristics (Article
22 of Fisheries Regulations No. 2 of 2007).
Conditions
When issuing or renewing a
professional fishing license, the Minister responsible for
fisheries may impose conditions on the use of the license with
respect to, inter alia, fishing zones, fishing gear that
can be used, information and statistical data to be provided and
the boarding of observers.
Cancellation
A professional fishing license is
cancelled with a decision by the Ministry Authority in the case
that: the license holder dye (in the case of a single person
holder) or the holder society become bankrupt (in the case of
society holder); 2 sanctions are charged in one year, but only
with the proposal of the local authority; the holder (single
individual or society) is condemned for illegal activities with
the proposal of the local inspector (Article 29 of Fisheries
Regulations No. 2 of 2007); the charged sanctions are not paid
(Article 34/40 of Law No. 7908 of 1995).
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The carrying out of scientific research activities within
Albanian waters is subject to an authorization from the Ministry
responsible for fisheries on the advice of the Commission for
Scientific and Technological Coordination (Article 10 of Law No.
7908 of 1995). No entity other than those officially recognized
as research entities by the Minister responsible for fisheries
are entitled to apply for a scientific research authorization
(Article 11 of Law No. 7908 of 1995). In order to qualify as a
research entity, the applicant must be a legal entity and show
evidence that its staff satisfies qualification requirements in
the relevant fields of expertise (Article 12 of Fisheries
Regulations No. 2 of 2007). |
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No license is required for sport fishing unless a vessel is used
to conduct such fishing operations (Article 23 of Law No. 7908
of 1995). Sport fishing licenses are issued to sport fishing
associations or interested persons provided that they show
evidence that they meet qualification requirements to carry out
sport fishing activities. A licensed association or person may
be authorized under the same license to use several vessels.
Areas of activity are specified in the license (Article 9 of
Fisheries Regulations No. 2 of 2007). |
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Definition
of terms |
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Inclusion of definitions of key concepts and terms in basic
fisheries legislation is primarily designed to facilitate the
good understanding of the Act and thus avoid any problem of
interpretation in implementing the provisions of this Act. In
addition, it enables lawmakers to modify (restrict or broaden)
the meaning of common words for the specific purpose of the Act
and implementing regulations. For instance, the meaning of the
word fish is commonly broadened so as to include not only fish,
but also crustaceans, molluscs and other types of aquatic
organisms.
Key concepts and terms that are examined in this chapter are as
follows: national waters, aquatic species, fishing, commercial
fishing, artisanal fishing, fishing vessel, national vessel,
foreign vessel.
In Albania, lawmakers have combined the definitions of both
terms waters of the Republic of Albania and aquatic species
to determine the scope of Law No. 7908 of 1995. The geographical
scope of the law, which is defined by the former, extends to
both maritime and inland waters under national jurisdiction thus
indicating that the law is conceived to regulate both marine and
inland fishing activities. Territorial jurisdiction over
fisheries resources may also extend to “any other area reserved
exclusively for the Republic of Albania” beyond Albanian
territorial waters. The latter determines the species that are
covered by the law. The term aquatic species, provided
for under Article 3.d of Law No. 7908 of 1995, is broadly
defined as it covers both aquatic fauna and flora, whether
living or dead, at every stage of their life cycle. It includes
“fishes, crustaceans, shellfishes, corals, sponges, amphibians,
aquatic reptiles, aquatic mammals and other species, except
fowls”. By excluding fowls from the definition, lawmakers make
clear that the law also applies to aquatic birds.
The concept of fishing, which is defined as “every
activity conducted for catching or collecting aquatic species,
except those resulting from aquaculture activities irrespective
of the means used and catch results” (Article 3.b of Law No.
7908 of 1995), is strictly limited to the taking and harvesting
of aquatic species thus excluding the searching for fish from
fishing activities.
The definition of the term vessel is crucial especially in
countries where access to fisheries is based on a licensing
system linked to the vessel. Albanian basic fisheries law
contains three definitions related to this concept, namely
navigating vessel, Albanian vessel and foreign
vessel. It is interesting to note that no definition of
fishing vessel is provided for under the law. The term
navigating vessel covers the entire range of ships, boats or
floating devices used for navigation purposes (Article 3rd of
Law No. 7908 of 1995). Since Albanian and foreign vessels are
subject to separate legal regimes, it was necessary to include a
precise definition of both these terms. To be regarded as an
Albanian vessel for fisheries purposes, a vessel must be owned
by:
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any physical persons with Albanian citizenship living in
Albania;
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any juridical persons, established in the Republic of
Albania in conformity with legislation in force;
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any other entity distinct from a juridical person, including
exclusively physical persons with Albanian citizenship,
living in Albania and registered in conformity with
legislation and regulations in force (Article 3a of Law No.
7908).
Vessels that do not meet the above-mentioned criteria fall into
the category of foreign vessels.
Professional fishing entails all fishing activities for
economical purposes and includes both industrial and
artisanal fishing activities. Differentiation between
industrial and artisanal fishing is based on the type of fishing
gear used by the license holder. All forms of trawling and purse
seining, irrespective of the technical characteristics of the
nets that are used, are regarded as industrial fishing
activities. Artisanal fishing on the other hand covers all forms
of fishing activities by means of fixed or selective gear such
as hooks, fixed nets, trammel net and gill net (Article
1.39-1.45 of Fisheries Regulations No. 2 of 2007). |
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Conservation
and management measures |
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This
chapter examines, for each country studied in this paper,
conservation and management measures that have been adopted to
implement national policies for responsible conservation of
fisheries resources and fisheries management and development.
a) National fisheries plans
Law No. 7908 of 1995 establishes two planning instruments for
the conservation, management and development of fisheries
resources, namely the Fishery and Aquaculture Administrative
Plan and the Fisheries and Aquaculture Development Plan
(Articles 8 and 9).
The Fishery and Aquaculture Administrative Plan, which is
conceived as a dynamic instrument, aims to ensure that fishing
effort is commensurate with available fisheries resources. To
this end, the plan determines: (i) on the basis of the
scientific evidence available, the state of fisheries resources
in Albanian waters; (ii) the objectives to be achieved; (iii)
fishing methods and gear to be used in relation to fishing areas
and target species; (iv) the number of licenses to be issued in
respect of fishing areas and/or species; (v) other restrictions
to fishing (Article 9 of Fisheries Regulations No. 2 of 2007).
It is prepared and reviewed periodically by the Directorate of
Fisheries on the advice of the Central Consultative Commission
for Fishery and Aquaculture (Article 8 of Law No. 7908).
The Fishery and Aquaculture Development Plan is a financial
instrument designed to allocate funds available in a manner
consistent with the objectives set out in the Fishery and
Aquaculture Administrative Plan.
b) Co-management plans
Law No. 8870 of 21 March 2002 amending the basic fisheries law
provides for the establishment of fisheries co-management areas.
On the written request of a fisheries management organization,
the Minister responsible for fisheries may designate any area
within Albanian waters to be a fisheries co-management area. In
such an area, one or more fisheries management organizations are
involved in the devising of conservation and management
measures, licensing and enforcement. Within twelve months of the
designation of a co-management area, a fisheries co-management
plan for the area must be prepared jointly by the Directorate of
Fisheries and the relevant fisheries management organization(s).
Such a plan must: (i) contain an analysis of the state of the
fisheries; (ii) identify the short, medium and long term
objectives; (iii) define strategies to achieve identified
objectives; (iv) identify sources of funding for implementing
and enforcing management measures; (v) contain performance
indicators and formal review mechanism; and (vi) comply with any
national fisheries management plan (Article 31/16). |
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a) Fishing effort and capacity
Based on the decisions made in the
framework of the Fishery and Aquaculture Administrative Plan,
the Minister responsible for fisheries sets out annually the
maximum number of licenses that can be issued for commercial
fishing in Albanian waters. He/she may, under special
circumstances, modify that number even if his/her decision
conflicts with the provisions of the Fishery and Aquaculture
Administrative Plan. In fisheries co-management areas, the
number of fishing licenses to be issued therein is determined in
the fisheries co-management plan (Article 15 of Law No. 7908 of
1995).
No fishing license can be issued to foreign
vessels for the taking of demersal species by means of trawl
nets or for the harvesting of bivalve molluscs (Article 20 of
Law No. 7809 of 1995).
It can be inferred from Article 24.1a,
prohibiting fishing in excess of set quantities of fish, that
Total Allowable Catch (TAC) and/or individual quotas can be
determined in fisheries management plans.
No license permitting the use of trawl nets
can be granted to any vessel whose engine power is more than
1000 Hp and less than 150 Hp (Article 57 of Fisheries
Regulations No. 1 of 2005).
b) Prohibited fishing zones
The Minister responsible for fisheries may
designate areas in which any kind of fishing activities is
strictly prohibited (Article 43 of Fisheries Regulations No. 1
of 2005).
Fishing is prohibited within a
one-kilometre radius measured from the point where rivers empty
into the sea and within a two-kilometre radius for the Buna
River (Article 40.2 of Fisheries Regulations No. 1 of 1997).
Fishing is strictly prohibited in channels
linking lagoons to the sea and within a two-kilometre radius
measured from the point where the channel meets with the sea
(Article 43 of Fisheries Regulations No. 1 of 2005).
c) Fishing gear
Fishing is prohibited with trail net
(bottom and pelagic)/ or similar on the Posidonia oceanica yard
or marine fanerogames (Article 44 of Fisheries Regulations No. 1
of 2005)
It is prohibited to use an attractive tart
for fishing: (i) at depth less than 30 m; and (ii) in the Bay of
Vlora (Article 44 of Fisheries Regulations No. 1 of 2005) and
any attractive tart in the form of traps and drags (Article 44
of Fisheries Regulations No. 1 of 2005).
Minimum mesh sizes of nets are set out as follows:
- 40 mm for trawl nets (cod end);
- 16 mm for purse seiners used to catch sardines,
anchovies and other small pelagic fish (cod end);
- 20 mm for purse seiners used to catch sardines,
anchovies and other small pelagic fish (in other parts of
the net); and
- 48 mm for trammel net and gill net used in coastal
areas (Article 59 of Fisheries Regulations No. 1 of 2005).
d) Fishing methods
Use of explosives, chemicals, poisonous
substances or electrical devices for fishing purposes is
strictly prohibited (Article 24.1b of Law No. 7908 of 1997).
e) Juveniles
The taking of eggs, spawns, larvae,
fingerlings or juveniles is prohibited without a special
authorization to do so (Article 24.1a of Law No. 7908 of 1995).
f) Minimum size
It is strictly prohibited to fish and sell
any aquatic species less than the minimum regulatory size as set
out in Article 51.1 of Fisheries Regulations No.1 of 2005 (Table
2).
Table 2 summarizing minimum size of aquatic species
|
Species
(local or common name) |
Species (scientific name) |
Sminimun size in cm or minimum weight in kg |
| 1. FISH |
|
|
| Merluc |
Merluccius merluccius
|
20 cm |
| Merluci tripendesh |
Microsistius spp., 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 |
| Saragojte |
Diplodus spp.
|
15 cm |
| Spalcat |
Pagellus spp.
|
12 cm |
| Dentalet |
Dentex spp. |
25 cm |
| Vopa |
Boops boops |
10 cm |
| Salpa |
Sarpa salpa |
12 cm |
| Barbunet |
Mullus spp. |
11 cm |
| Kerrat |
Epinephelus spp., Polyprion
spp. |
45 cm |
| Korbet |
Sciaena spp., Umbrina spp.
|
25 cm |
| Stavridat |
Trachurus spp.
|
12 cm |
| Gofat |
Seriola spp.
|
30 cm |
| Ame |
Lichia amia |
30 cm |
| Skumret |
Scomber spp.
|
20 cm |
| Pallamidi |
Sarda sarda |
30 cm |
| Sardines |
Sardina pilchardus
|
10 cm |
| Acuga |
Engraulis encrasicholus
|
10 cm |
| Sardinela |
Sardnella aurita
|
12 cm |
| Shproti (papalina) |
Sprattus sprattus
|
10 cm |
| Kublat |
Alosa fallax
|
20 cm |
| Maridhat |
Spicara spp.
|
8 cm |
| Ton |
Thunnus thynnus
|
70 cm |
| Alalunga ton |
Thunnus alalunga
|
40 cm |
| Tonili |
Euthynnus alletteratus
|
30 cm |
| Peshku shpate |
Xiphias gladius
|
100 cm |
| Peshku pellumb |
Mustelus spp.
|
30 cm |
| Sharks |
Squalus spp., Scyliorhinus
spp., Prionace spp. |
40 cm |
| Rajat |
Raja spp. |
30 cm |
| Skathinat |
Squatina spp.
|
40 cm |
| Electric fish |
Torpedo spp.
|
30cm |
| Ngjale deti |
Conger conger
|
30 cm |
| Peshqit kitare |
Rhinobatos spp.
|
30 cm |
| Gjuhezat |
Solea spp. |
20 cm |
| Shojza |
Platichthys flessus
|
15 cm |
| Shkotrat |
Bothus spp., Arnoglossus
spp. |
30 cm |
| Rombet |
Scophthalmus spp., Psetta
spp., Lepidorhombus spp. |
30 cm |
| Jatagani |
Lepidopus caudatus
|
40 cm |
| Shtiza |
Sphyraena spp.
|
25 cm |
| Peshku kovac |
Zeus faber |
15 cm |
| Peshk gjel |
Trigla spp., Aspitriglia
spp. |
15 cm |
| Lopa e detit |
Lophius piscarorius
|
30 cm |
| Aterinat |
Atherina spp.
|
8 cm |
| Ngjala |
Anguilla anguilla
|
25 cm |
| Trofta ylberi |
Onchorhinchus mykias
|
25 cm |
| Trofta e eger |
Salmo trutta
|
20 cm |
| Koran |
Salmo letnica
|
25 cm |
| Belushka |
Salmothymus ohridanus
|
15 cm |
| Gjuca (cironka) |
Alburnus spp.
|
10 cm |
| Njila (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 |
| Bordullaket |
Gobius spp. |
15 cm |
| Karaset |
Carassius spp.
|
15 cm |
| 2. CRUSTACEANS
|
|
| Karkaleci I detit |
Panaeus kerathurus
|
7 cm |
| Karkaleci violete |
Aristeus antennatus
|
7 cm |
| Karkaleci I kuq |
Aristaemorpha foliacea
|
6 cm |
| Karkaleci I bardhe |
Parapenaeus norvegius
|
10 cm |
| Skampi |
Nephrops norvegicus
|
30 cm |
| Homaret (asticet) |
Homarus spp.
|
30 cm |
| 3. CEPHALOPODS
|
|
| Kallamaret |
Loligo spp. |
25 cm |
| Totanet |
Ilex spp. |
30 cm |
| Sepia |
Sepia officinalis
|
20 cm |
| Octopus |
Octopus vulgaris
|
0.5 kg |
| 4. MOLLUSKS |
|
| Midhja |
Mytilus galloprovincialis
|
5 cm |
| Vongola |
Venus gallina
|
2.3 cm |
| Tartufi I detit |
Venus verrucosa
|
2.7 cm |
| Telini |
Donax trunculus
|
2.2 cm |
| Vongola verace |
Ruditapes decussatus
|
3.6 cm |
| Vongola filipine |
Ruditapes semidecussatus
|
3 cm |
| Ostrea |
Ostrea spp. |
6 cm |
| Bicaku |
Solen spp. |
8 cm |
| Freskorja |
Pecten jacobeus
|
10 cm |
| Fasolari |
Challista chione
|
6 cm |
Incidental catch of undersized individuals of sardines, acuga,
papalina and cironka can make up to 20% of total
catch where such individuals are caught by means of purse seine
nets, provided that they are not less than 7 cm (Article 51.2 of
Fisheries Regulations No. 1 of 2005).
Incidental catch of undersized bivalve molluscs is tolerated
insofar as it does not represent more 10% of the total catch
(Article 51.3 of Fisheries Regulations No. 1 of 2005).
g)
Protected species
It is prohibited, at any time, throughout Albanian waters to
take any individual of the following species: sturgeons (Acipenser
sturio, Acipenser nacarili), sharks (Cetorhinus
maximus, Hexanchus griseu, Alopiidae; Carcharhinidae;
Sphyrnidae; Isuridae; Lamnidae), lopa e detit (Mobula
mobular) and bivalve mussels (Litophaga lithophaga).
Likewise, no person is allowed for whatever purposes to take any
sea mammals, including dolphins, whales and seals, within
Albanian waters (Article 48 of Fisheries Regulations No. 1 of
2005).
The taking of coral and sponges is prohibited at any time
throughout Albanian waters, except for scientific research
purposes (Article 22 of Law No. 7908 of 1995).
h)
Fishing seasons
Closed seasons for V-shaped traps, also known as lavoriero,
are set as follows (Article 46 of Fisheries Regulations No. 1 of
2005):
-
from 15
March to 31 August in Shkodra
-
from 15 March to 30 September in Viluni and Patogut
-
from 10 March to 31 July in Merxhan and Ceka
-
from 5 March to 5 May in Karavasta
-
from 10 February to 10 April in Narta
-
from 15 March to 15 June in Orikum
-
from 1 April to 30 June in Butrint
i)
Bivalve molluscs
In 2000, the Minister responsible for fisheries adopted
fisheries regulations governing the taking of bivalve molluscs
further emended by Fisheries Regulations No 1 of 2005.
In order to ensure the sustainable use of bivalve mollusc
resources within Albanian waters, the Ministry responsible for
fisheries imposed technical restrictions on the vessels to be
used in this fishery. No vessel other than those complying with
the following technical features can be granted a license for
the harvesting of bivalve molluscs (Article 53 of Fisheries
Regulations No1 of 2005):
-
length of vessel between perpendicular lines must not exceed
10 m;
-
vessel’s engine power must not be more than 100 Hp;
-
vessel’s GRT must not exceed 10 t;
-
vessel’s propeller must not be fitted with a mantle.
No “turbosofiante”-type fishing gear can be used for collecting
bivalve molluscs (Article 58.5 of Fisheries Regulations No1 of
2005).
Closed seasons for bivalve molluscs fishing are set as follows
(Article 49.6 of Fisheries Regulations No1 of 2005):
-
from 15 June to 15 July for Venus gallina, Cardium
and Challista chione;
-
from 1 April to 30 September for Kanoliket;
-
from 1 to 30 April for Donax trunculus; and
-
from 1 June to 31 July for Venus verrucosa.
Daily bag limits are imposed on both vessels and individuals
(where the collecting of bivalve molluscs does not involve use
of a vessel). They are set as follows (Article 52 of
Fisheries Regulations No1 of 2005):
(i) with respect to vessels:
-
600 kg for Venus gallina and
Kardium (combined total);
-
500 kg for Challista chione;
-
100 kg for Donax trunculus;
-
300 kg for koce polse,
muscoli and kanestreli (combined total); and
-
100 kg for Ostrea spp.
(ii)
with respect to individuals:
-
5 kg for Solen spp.;
-
50 kg for Challista chione;
-
20 kg for Pecten jacobeus;
-
50 kg for Mytilus galloprovincialis;
-
30 kg for Ostrea spp.;
-
10 kg for Venus verrucosa;
-
20 kg for Donax trunculus;
-
10 kg for Venus gallina;
-
10 kg for Ruditapes semidecussatus; and
-
5 kg for Ruditapes decussatus.
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Sport fishing activities within Albanian waters are strictly
regulated. Conduct of such activities is subject to all
restrictions applying to professional fishing with regard to,
inter alia, minimum fish sizes and closed seasons. In
addition, the following restrictions and prohibitions apply to
sport fishing:
a)
Fishing gear
As a general rule, it is prohibited in the conduct of sport
fishing operations to use any nets and any other fishing gear
commonly used for professional fishing. No gear other than
hooks, parangalle and spear guns can be used for sport
fishing. A fishing pole cannot be fitted with more than 5 hooks
(Article 63 of Fisheries Regulations No. 1 of 2005). Use of
spear guns is subject to an age limit (no individual less than
16 years old), to area restrictions (cannot be used within 50 m
from professional gears and in marine protected areas) and to
technical restrictions (cannot be used in conjunction with a
self contained underwater breathing apparatus) (Article 23 of
Law No. 7908 of 1995 as modified by Article 6 of Law No. 8870 of
2002).
b)
Daily bag limits
It is prohibited to fish more than 3 kg of fish per day, except
in cases where the weight of a single individual exceeds that
limit (Article 63.1e of Fisheries Regulations No. 1 of 2005).
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Monitoring,
control and surveillance |
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Monitoring, control and surveillance (MCS) is an integral and
essential component of fisheries management. MCS programs
generally encompass the gathering of information on fishing
effort characteristics and resource yields, the regulatory
conditions under which the exploitation of fishery resources is
to be conducted and the types of observations required to ensure
compliance with regulatory controls imposed on fishing
activities. This paper will primarily focus on MCS measures
providing for the registration of fishers and fishing vessels,
the marking of fishing vessels, observer programs and
information reporting.
a) Register
Law No. 7908 of 1995 provides for the establishment of a
register of professional fishers and a register of fishing
vessels (Articles 12 and 13).
While the General Directorate of Fisheries keeps a general
register of professional fishers recording all persons engaged
in professional fishing throughout Albanian waters, the regional
offices of the Fishery Inspectorate maintain regional registers
of professional fishers operating within their respective area
of jurisdiction. The register of professional fishers consists
of two parts, one dealing with fishers using vessels equipped
with a deck and the other with fishers fishing using vessels
without deck or involved in fishing activities not requiring the
use of any vessel. Information to be shown in the register of
professional fishers includes any reported violation of any
fisheries law or regulation together with the penalties that
were imposed (Article 17 of Fisheries Regulations No. 1 of
2005). Any person wishing to engage in professional fishing
within Albanian waters is required to be registered (Article 19
of Fisheries Regulations No. 1 of 2005). It should be noted that
professional qualifications might be required for any person
wishing to register as a professional fisher (Article 24 of
Fisheries Regulations No. 1 of 2005). Application is made to the
General Directorate of Fisheries, which reviews the application
form together with other required documents (Article 18 of
Fisheries Regulations No. 1 of 2005). Upon approval, a
registration card is issued to the applicant who must carry it
with him/her at all times and must show it to fisheries
inspectors where required to do so (Article 21 of Fisheries
Regulations No. 1 of 2005). Registration is automatically
terminated in the event of: (i) the registered person’s death;
(ii) illness or injury preventing the registered person from
continuing his/her fishing activity; (iii) and interruption of
fishing activity for a period exceeding three years. In
addition, a person’s registration may be terminated for breach
of law on the request of a fishery inspector (Article 23 of
Fisheries Regulations No. 1 of 2005).
The General Directorate of Fisheries keeps a general register of
fishing vessels, whereas offices of the Fishery Inspectorate at
the district level maintain local registers of fishing vessels.
Registers consist of two parts dealing respectively with fishing
vessels equipped with a deck and with coastal vessels without
deck, regardless of their means of propulsion. Information to be
entered in the registers includes vessels’ technical
characteristics (Article 25 of Fisheries Regulations no. 1 of
2005).
b) Marking
Fishing vessels authorized to conduct professional fishing
operations in Albanian waters must be marked in compliance with
the FAO Standards Specifications for the Marking and
Identification of Fishing Vessels (Article 39 of Fisheries
Regulations No. 1 of 2005).
c) Landing of catch
All Albanian and foreign fishing vessels authorized to engage in
professional fishing within Albanian waters are required to land
their catches in an Albanian fishing port (Article 21 of Law No.
7908 of 1995).
d) Data collection.
Every fishing license holder is required to submit, on a monthly
basis, statistical data in prescribed form to the competent
regional office of the Fisheries Inspectorate (Article 25 of Law
No. 7908 of 1995 and Article 55 of Fisheries Regulations No. 1
of 2005) In addition, license holders must complete annual
statistical data in prescribed forms to be submitted to the
competent authority (Article 66 of Fisheries Regulations No. 1
of 2005). Any license holder who fails to report required
information or falsifies this information is liable to a fine
ranging from 10 000 to 50 000 leks (Article 39 (16) of Law No.
7908 of 1995).
e) Observers
The Ministry responsible for marine fisheries may impose to any
professional fishing license holder the taking of observers on
board the vessel for the purpose of collecting scientific data
(Article 16 of Law 7908 of 1995). License holders have a duty to
allow designated observers to stay on board the vessel and must
facilitate the carrying out of their mission (Article 38 h of
Fisheries Regulations of 2005). |
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