Regulation No. 1 on the implementation of the legislation on fishery and aquaculture

REPUBLIC OF ALBANIA MINISTRY OF AGRICULTURE AND FOOD FISHERY DIRECTORATE Regulation No 1 date 29.03.2005 For application of the legislation on fishery and aquaculture Based on article 102, point 4 of Albanian Constitution, of the law No 7908, date 5.4.1995 “For fishing and aquaculture”, changed by the Law Nr. 7780, date 21.3.2002, “For some supplements and changes in the law No 7908, date 5.4.1995 “For fishing and aquaculture”” by the proposal of Fishery Directorate, Minister of Agriculture and food issues this regulation. Chapter I GENERAL PROVISIONS ARTICLE 1 Definitions: I. in the meaning of this regulation: 1. Fishing boat is whatsoever boat equipped for industrial fishing of live water resources, including upholding boats and every other boat involved in fishing activity. 2. Fishery Management Authority is legal entity (MoA.F) appointed by the law to carry out the duties of fishery management. 3. Fishery Coo management is such fishery resource management form, where the responsibilities/competencies are separated between state and local users (organizations). The institutional coo-management process can be of a different form in regard to a responsibilities/ competencies. 4. Biodiversity is a variety of live organisms that are part of ecosystems and ecological complexes destined, i.e. marine ecosystem, terrestrial etc. 5. Live water resources are the marine and inland water species, disponible and accessible, including anadromus and catadromus species. 6. Dispositiv for fish concentration- DFC is every floating tool capable to concentrate in the under down area fingerlings and mature individuals of the multi migration species. 7. Drag are the implements carried from the boat for mollusks bivalve fishing; are composed from the bag or metallic cage mounted over the solid skeleton with Prot. No. 1179 different shape and measures, the under down part is equip by the knife which could be of spherical shape, sharper or cogged and could be equipped or not by the slippery or depressor; there are also hydraulic mechanized avalanches (so called hydraulic avalanches). 8. By the (or under the) “Director” and “Directory” means respectively the director and Fishery Directory at Ministry of Agriculture and Food; 9. With the “personal data” mean the name and the address of the fishing boats owners. 10. “Discharges” are the components of the fish stock turned back in the sea after catching. Usually, almost of the discharged individuals don’t survive. 11. Fleet is a total number of fishing boats that exploit a certain resource. The fleet can consist in the boats that carry on one type or different fishing types (i.e. trawl, artisanal, pelagic). 12. “Engine Power” means the maximal constant power accessible in the engine axle that can be used in driving the boat in the mechanically electrically, hydraulically or other way. When to the engine is mounted the integrated reducer, the engine power can be measured in the sheet of the reducer transmission apparatus. The unit of the engine power is expressed in Kilowatt (KW). Or horse power (HP). 13. The “length” of a boat means the total length or the distance measured in the direct line from an extreme anterior bow of a boat to extreme posterior of a stearn. 14. The “width” means the maximal width measured in the middle crosswise of the boat in the molded line of a door bolt in the boat with metallic board and in the external surface of a speed in a boat with board of whatsoever material (determination from an annex I of International Convention on boat tonnage called as follow “Convention of 1969”, ratified from Albania on 04.03.2003). The total width measured by meters with approximation in centimeters. 15. The “refuses” are the total living weight fish under dimension for sales or however undesirable, throwing in the sea at the catching moment or immediately after. 16. Fishing intensity is the catch effort by the space unit; i.e. the hours used in a bottom fishing in a certain area. 17. Fishing capacity is the fish amount that can be taken from a fishing unit, i.e. from one person, community, fishing boat/fleet, accepted that there is not catch limitation. The boat capacity measurement relies on one formula in regard of boat tonnage and its engine power: length (m) x immersion (m) +0.45 engine power (KW). 18. The Control includes regulating terms, according to which the resource utilize have to be managed (the conditions, in which the resource exploitation have to be – licensing, the quotas, forbidden period, reporting etc). 19. Effort control (input). Is fishery management system, focused in quantity limitation of fishery tools/ time limit of their using/ catches fish quantity restrictions. Here is included the licensing system and days at the sea. 20. Fishing license is the authorization given by the competent authority to be carried out a particular fishing activity with a definite boat and conditions. 21. “Law” implies the Law No 7908, date 5.4.1995 “For fishery and aquaculture”; changed by the law Nr. 7780, date 21.3.2002. 22. The “precautionary fishery management” is the measures taken when is the lack of proper scientific data which will serve to the postponement of management measures in protecting of fishing object species, or coexist with them and/or dependent from them, also the species that are not fishing object as well as their habitats. 23. Biologic conservation measures are fishery management measures taken for a particular species or certain fish stock as well as for their fishing methodology. Here are included the minimal quantities of their catch, closed areas, catch quotas etc. 24. The supervision includes the qualities and typology of overlooking for the rules application in fishery activities, through exercising regular controls. 25. Overexploitation (over fishing) in general means the situation when the pressure from fishery activity exceed that it might consider optimal level. 26. Fishery management is integrated process of information gathered, analyzing, planning, consultations, decisions, resource distributions, formulating, executions (by constraint if is necessary) of by-laws and regulations that rules fishery activity, with the aim of providing sustainable production of the resources and satisfying a new fishery objectives. 27. “Snapshot” means all of recorded events for the boats that included in the fishing fleet starting from census according annex 1 until the day of data verification. 28. Monitor, control and supervising (MCS) is an executive arm of fishery management. MCS is not fishery protecting, police activity toward contraventions, only landing application, threatening measure, military act or only state responsibility. MCS is a system which becomes active by the fisherman participating and their supporting. 29. Monitoring is a continuously request of catch data collecting, species composition, fishing effort, fish marine discharges, fishing areas/ season. Monitoring include recording and maintaining of this data, which are subject of forward analyses and prognoses. 30. Fish mortality is a technical term which refers to such fish population that is eliminated from fishing activity in a given time. 31. By-mortality is the mortality caused from fishing tools during catch process referring live water resource that escape from the fishing tool. An example is such fish that die from infections or osmotic balance disordering caused from the scales lost from rubbing with the net (trawl net) or sticking in the net (gillnet). 32. “Event” means fishing boat entry and exit from the fishing fleet as well as the modification of any the data’s according annex 1. 33. by the “registry number NFR (CFR)” means the number in National Fleet Register similar with Community Fleet Register. 34. Operative Unit (according GFCM) is used for the fishery effort management purposes and means a group fishing boats that practice the same kind of fishing, fishing the same species or group fishes and have similar economic structure. Fishing boat grouping can be changed by the time and depend from the management objectives that will be implemented. 35. “Gillnets” are the nets build up by a net fixed in upper and bottom part by the rope (upper part by rope and cork, bottom part by rope and lead). This fishing net can be fixed or navigate according the water flow directions. 36. “Organization” means the Fishery Management Organization, founded according article 26 of Civil Code of Albania Republic and article 31/1 of law Nr. 7780, date 21.3.2002 for exercising of fishery activity. 37. “Fishery equipment” means all the equipments destined for water organisms catching. 38. “Concerned party” refers to a person or group, recognized from government/governments that are legally interested on resource conservation and managing. This term is wider than stakeholder term. Speaking in general; the interested party categories, often, will be the same for many fisheries and can include antagonist interests: trading, sportive, conservation/exploitation, artisanal, industrial, fisherman, purchaser, processing, commercial and state. The public and consummators in general, also, can be considering as concerned party in some circumstances. 39. Artisanal fishing means forms of professional fishing with fixed or selective means as hooks (fixed nets), gillnets, uncovered pound nets etc, carried out in marine or inland waters; 40.”Ghost fishing” means describing marine organisms catching by the abandoned fishing gears. This is very serious, in particular, referring to gillnets and entangling nets. As undesired fishing, this can perform a serious problem in many areas, caused mortality in a long timing period. 41. By “Bottom trawl fishing” means water organisms fishing that live in the water bottom. This kind of fishing realizes by the nets dragged by engine power of destined velocity on the water bottom. 42. Industrial fishing implies the forms of professional fishing of the trawling, pelagic and purse seines. 43. Fixed or stationary fishing means fishing with all kinds of means, nets, plastic, wooden or woven fishing rods, etc) which may be fixed or sailing, used to catch water organisms such are fishing traps, barriers, lift nets, uncovered pound nets, etc 44. Pelagic fishing implies the fishing of all the kinds of fish that live in the water level between the bottom and water surface, big or small ones (sardines, anchovy, tuna, etc); 45. Professional fishing implies this fishing activity that uses made for economic purposes. 46. Fishing with purse seining means the fishing of different kind of fishes by the nets that enable the amass fish encircle (sardines, anchovy), amassed for biological causes or not. 47. Sportive fishing includes fishing activity done for entertainment purposes, resting or sportive. 48. “Referring point” is a fixed value concluded by a scientific procedure or by a model which correspond to a resource/ fishery situation that can be use as a management indicator. Some of referent points are general and applicable for many fish stocks, the others could be for specific stocks. A difference should be done between points regarding objectives and points regarding the limit, “doorstep” and can represent critical stock situation. 49. “Coo-management plan” means a planning for management of coo management area. 50. “Population” means a water live resource that live in a certain management area. 51. “Fishing harbor” is a fishing specific harbor or bay or specific area within a merchandise harbor, in which offers the services to a fishing boats, together with aquarium, banks, terrestrial area, buildings and proper structures. 52. “Fishing Center” is a quay, bridge on the sea or wave protecting, in the lagoon or lake which can be used for fishing purposes, together with terrestrial area, buildings and proper structures. 53.”Recruitment” of the stock are the individuals of the new group age population that enter for the first time in the exploited part of the stock or on growing age fishes, otherwise, which make part in the exploited component. 54. By “collecting gears” are the nets composed from an unique shaped body that stay vertically in water jointed with lead (in bottom) and cork (in surface); it is used to fish live water organisms catches in its mesh; in depends of the lead and cork these nets can be used to fish in water column up to surface (stationary collecting nets/ floating collecting nets) or close to bottom (collecting bottom nets). 55. By “surrounding nets” means the nets that retain the fish surrounding its edges and the bottom part; 56. “Time-space network” is the assemblage of geographical area in a determine sector and a certain time. 57. The selectivity is a capacity fishing boat measure in selecting and catching of a certain species. The selectivity of a particular fishing gears depend on their capacity to select target species from a variety of water organisms present in the fishing activity area. The total selectivity of a certain fishing method is a combined result of peculiarity characteristics of fishing gear as well as the way of using of applied method. 58. Fishing effort is a fishing vessels amount of a same sort used in the same fishing, in the same time unit; i.e. the hours of bottom trawling in a day, the number of hooks drawing in a day or the number of sea-shore nets in a day. When it is used two or more fishing gears each fishing effort should be converted in a standard form before their additions. (The total effort in time unit) = (number of the boats) x (average level of the activity). 59. By the sustainable exploitation means the exploitation of a certain fish population in such way that its future exploitation doesn’t be endangered or having negative effects on water ecosystems. 60. Perennial data’s system is the measurement of changes of a certain parameter in a number of years. 61. Exploitation degree applied in a certain fish stock is a part or the amount of a biomass expurgated as a result of fishing. If the biomass is 1000 T and the catches amount during a year is 200 T, the annual exploitation degree is 20%. 62. Target species are the principal species that should be cached from a fishing boat or a fishing gear in certain fishing. In pelagic fishing by purse seines this could be unique specie (sardine), while in trawl fishing could be a group species (hake, sole etc). 63. By uncovered pounds net means the net installation composed by obstacle net (the hand net) which makes the fish way towards a several conical or pyramidal shape rooms in belittling tendency until in the sack. It can be by the pillar or anchors. The uncovered pounds net can be fitted in not much depth waters, lagoons or near the coast. 64. Fish stock is the live recourses in the population from which are taken off the fish caches. Using of a term fish stock usually undermines that the particular population is more or less isolated from the other stocks of the same specie and consequently survive. In a particular fishing the fish stock might be by one or more fish species but here is the intention to include the invertebrates and commercial plants. 65. Aggregating data’s means that the conclusion promulgated from the elaboration of the data from a group of fishing vessels, in a certain period, when is necessary, in a specific geographical area, having in mind extracting of a representative number which make up the whole. 66. The tonnage means the gross tonnage determined by the Annex I of International Convention on a ship tonnage on 1969. The gross tonnage can be determine by the formula GT=K1V where V is the total volume of the closed spaces of a vessel expressed in cubic meter, K1=02+0.21 log10V. 67. By the bottom trawl means the nets trailed in a active way from the principal engine of fishing vessel, composed from a conical/ pyramidal shape body closed in the end by a sack, which might be prolonged in the opening through the hands or might be mounted in a strong skeleton; the horizontal opening can be done through the steering wheel or from the axe or from the skeleton by the shape and changeable dimensions; these nets can be trailed in the bottom of the sea (trawl) or in the mid-water level (pelagic). 68. Seine nets means the nets by surrounding and hand nets operated handily or trailed from a fishing boat itself by the cable or otter boards in moving or anchored but not from a principal engine, composed from two lateral hands and a central pocket of a spoon shape and in the end with a sack; it can be used in the surface or in the bottom in dependence of the fishing kind. 69. Shallow seines or beach seines means the nets by surrounding manner driven from a vessel or boat in the shallow waters that can be operated either from the shore. 70. Inland water includes coastal lagoons, natural lakes, h/power lakes, agriculture reservoirs, rivers and other waters of Albania Republic different from marine waters. 71. Territorial waters are the marine area waters in which the coastal state exercises full authority. Territorial water area extended until 12 marine miles starting from the tide line of a sea side. This definition is determined from the United Nations Conference on the Sea Law (UNCLOS), which foreseen the regulations and management of all live resources as well as defining of Exclusive Economic Zone (EEZ). 72. By trailed gears means each fishing gear that can be trailed or not by the engine power of fishing boat or through tambour’s with anchored boat or in movement by low speed, including in particularly the trawl or dredges. 73. Stock evaluation is the research and numeric describing of actual situation and past time of a certain fish stock as well as the fishing activity that exploit them, mean the spreading, abundance, the measurement and age structure, fish effort, catch level etc. 74. Landing means the landing of live weight of the production (catches according the items). 75. Catch is the total number or fish weight cached in a certain zone within a certain period. Catch includes also the fish discharges in the sea which is not landed. The catch can be done in different zone with landing zone. 76. Catch per Unit Effort (CPUE) is the total catch taken per each effort unit (day at the sea, trailing hours). 77. by catch is the catch of all other species except those appointed (or target fishing object) as well as the individuals by the little dimensions of those marine species. It is a variety undesirable species (not object), starting from the sponges and corals to the species by dimensions less than those permitted by law, until the turtles, marine mammals etc. 78. By “Co management Zone” means a fishing zone, appointed according the article 31/14 of the Law Nr. 8870 of date 21.3.2002, where at least one Fishery Management Organization take place in fishery resource management. 79. By “protected zone” means a geographical determined area in which is totally/partly forbidden fishing activity, periodically or everlasting or is limitation object by the aim improvement of exploitation and live water resource protecting as well as marine ecosystems protecting. II. In the meaning of the law and these regulations 1. The initials used in the statistic forms presented in the appendices 11 to 20 mean: 2. SD (daily statistics of sea fishing), 3. SB (daily statistics of inland fishing), 4. SM (daily statistics of bivalve’s cockles), 5. SV (annual statistics in fishery and aquaculture). Chapter II CONSULTATIVE BODIES ARTICLE 2 The Composition of Central Consultative Commission for fishery and The central consultative commission for fishery and aquaculture will be composed: a. Minister (chairman) b. Director (Vice chairman) c. Directors of other directorates of the Ministry (Juridical, Finance, Water Irrigation). d. Representatives from Environmental Ministry (one person), Local Government &Decentralization Ministry (one). e. The director of the Research Fishery Institute f. The chief of the section of fishing resources and the chief of the inspectorate in Fishery Directorate (2 persons) g. Specialists in the field of fishing and aquaculture (4 persons) h. Representatives of Fishery Management Organization and production associations. k. Representatives of fisheries/ aquacultures professional associations which have professional fishing activity, aquaculture /processing industry or marketing of the fish products (3 persons). ARTICLE 3 The composition of Local Consultative Commissions for Fishery and Aquaculture Near the Councils of the districts Shkoder, Kukes, Lezhe, Durres, Diber, Gjirokaster, Elbasan, Fier, Korce, Vlore are created local consultative bodies for fishery and aquaculture which will be composed as: A. Regional Director of Agriculture and Food Directorate (chairman) B. a representative of the city municipality and a city council representative C. The secretary of each Commune which has in its territory an important fishery and aquaculture activity. D. Specialists of fishing or aquaculture, who will be appointed from the chairman of the Commission (two or three persons) E. Representatives of organizations and producer organisms of professional fishing, aquaculture or processing industry of and marketing of fish products (two-to three persons) F. A representative of the inspectorate of fishery in respective district. ARTICLE 4 The composition of Commission for Scientific and Technological Coordination The composition of Commission for Scientific and Technological Coordination will be: A. the director (chairman) B. the chief of the section of fish resources in the directorate (secretary) C. the director of the Directorate of Science in the Ministry; D. The director of Fishery Research Institute. E. Two specialists of the Fishery Directorate F. Two specialist’s Fishery Research Institute. G. Three specialists from the institutions and private/ public companies in the field of fishing, aquaculture and of other activities related to fishery (mainly from the industry of fish processing) h. Two representatives of the organizations or unions of producers of the fishing section. ARTICLE 5 Internal regulations 1. The Central Consultative Commission for Fishery and Aquaculture proceed on the basis of the internal regulations approved by the Minister. 2. The Central Consultative Commission for Fishery and Aquaculture compiles the internal regulations for local commissions, which are also approved by the minister. ARTICLE 6 The meeting participation The meeting of every Commission considered valid by over than ½ of membership. ARTICLE 7 Meetings of the commissions 1. Meetings of the commissions should be hold as follows: A. the Consultative Commission - every six months B. the Commission of Scientific Research & Technology Coordination every three months. C. Administrative Contravention Examining Commission on Fishery & Aquaculture. D. The board of licenses of fishing and aquaculture and of activities related to fishing - every month 2. In specific cases as dictated by the job necessities, the chairman of every Commission must call his Commission in a out order meeting. This may be called a special meeting. ARTICLE 8 Members without voting right The chairman of every above mentioned commission can invite in the commission meetings the administration functionaries or special experts related to the analyzed problems, but they do not have the right of voting CHAPTER III Programming norms ARTICLE 9 The content of the administrative plan for fishery and aquaculture 1. To achieve sustainable fish exploitation, Fishery Directorate has to prepare a perennial strategy of Fishery & aquaculture Management to foresee perennial planes of fish populations that are in the biological exploitation limits. 2. The application field of administrative plan for fishery and aquaculture should be extended in conservation, management, live water resources and aquaculture as well as in fish processing & trading with the condition that this activities to be in Albania Republic territory or from Albanian fishing boats, based on Law of the Sea of United Nations Convention. 3. The plan of fishery and aquaculture consists on two parts. 4. The first part of the plan of the administration of fishery and aquaculture consists of a section on fishery and a section on aquaculture. 5. The section on fishery aims to determine a suitable level of the exploitation of fishing resources. For this reason the plan deals with: A. the actual condition of the fishing resources on the bases of the available knowledge; B. the followed objectives in ensuring their sustainable exploitation, the methods to be used to achieve these objectives, eventually related to types, forms and different fishing areas, kinds of fish/ fish groups and other water organisms; C. on the bases of the above mentioned data the trend fish effort will be carried up, for fishing forms and areas, kinds and fish and other water organisms, specifying the proper limitations as well as the limitations on the number of licenses to be issued; the criteria on the bases of which the limitations on issuing licenses will be carried out; D. Perennial re- stabilization plan adoption that consists in an absolute priority for fish population decreased under maximal limit exploitation. For such fish population should decide, based on the scientific data evidence on fish effort reduction. E. On the plans that approve after the first one, the conditions and the applications of the previous plan. ARTICLE 10 The plan for the development of fishery and aquaculture 1. The plan for the development of fishery and aquaculture has to be periodically adopted and improved on the management plan of fishery and aquaculture base. 2. The plan for the development of fishery and aquaculture is prepared from the directorate in co-operation with other directorates in the ministry, that consider necessarily because of their relationship in economical aspects, after the approval of the Consultative Commission, this plan will be signed from the Council of Ministers. 3. The plan for the development of fishery and aquaculture distribute the budgetary funds or from other financial sources to the investments and expenses on the public sector; for the scientific and technological research applied in fishing and aquaculture, for the co-operation, undertaking activities, credits on fishery and other eventual intentions. 4. In the plan also are determines the necessary funds for organisms determined by the Law functioning. CHAPTER IV Scientific research ARTICLE 11 The Ministry supports sector resource evaluation programmer and economic situation through: a. Biological data collection which include all catches, the refuses as well. b. Fish resource evaluation for fish resource structure, apart from industrial fishing. c. Information gathering on catches capacities & catch effort used. d. Aquaculture evaluation and its continuously monitoring for a sustainable development. e. Data performing on a settled prices and the economic situation capability of fishing enterprises & processing industry, under best way investigation of such sectors. ARTICLE 12 The scientific research authorization. 1. The research authorization (according to the article 10 of the law) is prepared from Fishery Directorate, issued with the signature of the minister. 2. The authorization can be issued to well known research entities, based on these regulations as well as to other research institutions, of the country and abroad which satisfy the criteria of a research entity according to article 15 of these regulations. 3. The duration of a research authorization is determined in the document issued for this purpose. ARTICLE 13 Scientific Research activities without authorization The authorization to carry out research activity is not necessary: a. In the case of data gathering or in applicative research carried out during the exercising of an activity and in accordance with professional fishing license with proper license sailing means which serve fishing itself by mentioned sailing means. b. For the research carried out by an aquaculture farm or fish processing industry within the licensed units and, in general, for technological aspects. ARTICLE 14 The research entity recognition. 1. Research entity recognition has to be by the minister decision on the basis of the documentation prepared from the directorate and Commission of Scientific Research & Technology Coordination, according to the request presented by private subject. 2. Research entity recognition is done for an indefinite time. It can be cancelled in cases when the provisions of the articles 15 and 16 of these regulations are not respected, as well as in cases when there is law and other by law acts violations. 3. Fishery Research Institute of Durres is a national research entity for fishery and aquaculture. ARTICLE 15 The requirements for the research entities recognition. To have the right of an entity known for research in fishery and aquaculture is necessary: a. The juridical court decision (juridical subject). b. the entity must possess personnel with higher education, experts in fishery and aquaculture discipline. c. The entity must possess the financial means and the equipment for respective research activities. d. The entity must be distinguished for its academic level and its capacity in the research field and in scientific information of fishery and aquaculture processing. e. This entity has a favorable opinion from Commission of Scientific Research & Technology Coordination. ARTICLE 16 The recognized research entity obligations 1. Every recognized entity is obliged to present to the directorate: a. Name and address of the registered entity; b. The object of its activity according to the registration at the court as a juridical subject, of a state or a private one. c. The names of the authorized experts of the entity, its president, members of the board, etc. d. The implemented researches or projects done by entity or in co operation; e. The request to be acknowledged as an entity specifying the kind of researches that will be carried out from them. 2. Every recognized research entity is obliged to issue an authorization to the person that works for that entity. 3. Recognized research entity, during its researches and in the end is obliged to present to the directorate the respective report and, whenever asked data regarding it’s carried out research activity. CHAPTER IV THE REGISTRATION OF PROFESSIONAL FISHERMEN AND NATIONAL SAILING MEANS REGISTER ARTICLE 17 Register keeping and its format 1. The register of professional fishermen is kept at the Fishery Directorate, Fishery Resource Sector and Fishery Management Organization (its manager). The offices of the fishery inspectorate keep the respective register for the areas that they cover. 2. The register of professional fishermen consists of two parts: a. For the fishermen engaged in marine fishing with fishing boats with a deck; b. For the fishermen engaged in fishing with fishing boats without a deck, in marine or coastal waters, or without fishing boats. 3. In the register should be written the violations of law and by law fishing acts and the eventual penalties for every registered person ARTICLE 18 The request for registration 1. The request for registration in the register of the professional fishermen is made from the interested person himself and is submitted at the directorate. This request have to be accompanied by two photos and other necessary documentation required by that directorate. 2. Fishery Directorate verify the request completion in accordance with the conditions determined by fishery law and regulations and then approves the registration. ARTICLE 19 Registration 1. In the first registration done after entering in force of this regulation, all the fishermen working in fishing for a period more than one year, without exercising another job, even in the cases when they do not satisfy other criteria for registration, have the right to be registered. 2. For other fishermen, who ask to work as professionals, the registration is a necessity and is done on the basis of the criteria determined in the articles 18 and 20 of these regulations. ARTICLE 20 The registration conditions To have a booking right in Professionals Fisherman Register, the requested person is necessary: a. to practice professional fishing as solely everlasting or seasonal employment activity within a Fishery Management Organization. b. to have an Albanian Nationality and live in Albania. c. except of the cases foreseen in article 19 of this regulation, to have at least the certificate of fisherman qualification. d. doesn’t incur any penalty for fishing law violation and not more than three administrative contraventions of fishery law and by law. ARTICLE 21 Registration documents 1. The registration gives to the professional fisherman the right to be equipped with registration document. 2. The registration document is necessary for every person who works in the fishing sector. Every person carries this document and shows it if required from fishery inspector. 3. The registration document is issued and signed from the director. ARTICLE 22 The duration of the registration Booking in the register of the professional fishermen has an indefinite duration. ARTICLE 23 The striking off from the register of professional fishermen 1. The director decides for the striking off from the register of professional fishermen: a. in the case when the registered person dies; b. in the cases when Fishery Management Organization, where the fisherman is member, has exempted for nonconformity of fishery activity practicing with Fishery Management Organization Status, and in case of breaking up the conditions according to the article 20 of these regulations. c. in the case of interruption of the fishing activity for a period of more than three years; d. If required by the registered person in cases when he interrupts the fishing activity (caused from an illness, physical injury), etc; e. Based on a request of a fishery inspector in the cases when is notice violation of the law. f. in the cases when incur any penalty for fishing law violation and not more than three administrative contraventions of fishery law and by law 2. In cases of striking off, the registered person is obliged to submit on the registration document in the directorate. ARTICLE 24 Professional qualification 1. The ministry can specify the requirements and the criteria for professional qualifications related to the fishing, aquaculture activity, activities related to fishery. 2. The professional qualification of the registered person has to be booked on professional fishermen register. 3. The directorate keeps a special register on the bases of the professional qualifications of registered persons. 4. The ministry determines the institutions, which have the authority in issuing the professional qualifications certificates for fishery workers. 5. The Ministry in collaboration Fishery Management Organization organizes fishermen qualification/education with legal norms of fishery activity exercising, for which issues proper certificates. ARTICLE 25 Fishing vessels national register. 1 The Directory creates and keeps National Register of Fishing Vessels in electronic form. Local register of fishing vessels has to be created and kept in inspectorate offices in the districts as well as Fishery Management Organization of main fishery harbors/ lakes and consist in two particular parts: a. For the fishing boats with a deck engaged in marine fishing. b. For the fishing boats without a deck engaged in cross-border inter border water lakes, with engine or not. 2. In registering of fishing boats with a deck are recorded the identification, technical & fish equipment data of boats as well as the events according Annex 3 attached. 3. In the annex 4 ate specified the data’s and registration prescription. 4. The event codification, fishing gear, of speed boat material and segments are in table 1-4. 5. A copy of register data’s for each fishing boat should be given to the license owner in the moment license delivery. 6. The Directory keeps particular register foreign boats, authorized to fish in water under its jurisdiction, including the obligations that have the subject to allow independent observers on his board and to be equipped with VMS for its location identification. ARTICLE 26 REGISTRATION 1. Fishing boats registration will be done after proper fishing license issuing. The fishing boats that are not licensed are not permitted to be booked in the register. 2. Each fishing vessel is provided by register number NFR (CFR) that does not change after fishing license renovation. The register number “NFR-CFR” according the annex clearly identifies each fishing boat. This number is definitely given at the moment in which the fishing boat is registered at the first time in National Register. This number can not be modified or given to another boat. One copy of Fishing Vessels Register has to be sent, every year, to the KPPM Secretariat in the electronic form. 3. From the inspectorate sector has to be kept the special register on the eventual penalties gave for fishery law/by law transgression (according the annex 21model) which has to be at disposal of License Board or Administrative Contravention Examining Commission on Fishery & Aquaculture. . CHAPTER VI LICENSES ARTICLE 27 Types of licenses The issuing license in the fishing activity and aquaculture has to be as follow: 1. The license is given for each separate decked marine fishing vessel; 2. In marine coastal fishing and inland waters exercised with fishing boats without a deck (battle, boat, etc with or without engine), the licenses may be given for one or several boats, but the number have to be specified in license. 3. In fishing, which is exercised in fixed or stationary means as well as in the gathering of cockles at marine or inland waters, the license is given for every separate gear unit. 4. In aquaculture activity the license is given for each producing unit (fish farming/ crustaceans/ cockles or of their fingerlings), built on land or installed in the inland or marine waters. ARTICLE 28 Professional fishing license requesting. 1. The subject or the owner, that is interesting in professional fishery license providing submits his request for a license at the directorate, according to the model KP1 (appendix 1 of these regulations); 2. The submitted license request is accompanied by the following documents: a. In marine fishing boats. i. Registration decision of a court ii. Registration certificate (ownership certificate, flag certificate) issued from Port Authorities. iii. Sailing certificate issued from Sea Register; iv. The FMO-s approved on fishery harbor using for its fishing activity. v. The form with the data for licenses archive at fishery directorate (according to the model ARK1 presented in appendix 2 of these regulations). b. In artisan fishing, coastal areas or inland waters: i. Registration decision of a court for each subject. ii. In cross border Lake fishing activities, the registering document of its boat (battle, row-boat) issued from District Border Policy where this activity will be practiced. iii. In water categories, where the FMO-s are founded, can be prepared a unique license for FMO-s. FMO-s stores in Fishery Directorate the membership list of fishermen and then the Directory issues the license duplicates for each FMO-s member, signed from Director. iv. In water categories not yet FMO-s founded has to present the submitted document of approval from the commune, in areas where the activity will be carried out. ARTICLE 29 The request for aquaculture license 1. The subject or the owner, interested to be provided with aquaculture license present in the directorate the request for a license, according to the model KA2 (Appendix 5 of these regulations) 2. The license presented request should be accompanied with following documents: a. The registration decision from the court. b. The documents for the ownership (or rent) of land or of fish farm. c. The gent-plan of fish farm. d. The general plan of the fish farm built on the land surface or which is requested to be installed on the water surface (sea, lakes, lagoons, etc.) e. The technological cards of mentioned aquaculture activity. f. The Environmental permission issued from Environmental Ministry. ARTICLE 30 The presentation of license requests 1. The request with documents for license providing has to be present in Fishery Directorate at least one month before next board meeting. 2. The request with documents for license renovation has to be present in Fishery Directorate at least 15- days before next board meeting. 3. Each data modification, presented in licensing documents has to be declared from the requests at least one week before examining on the board. ARTICLE 31 The licenses board 1. The board of licenses consists of a minimum of five Fishery Directorate members plus one jurist, headed by the director. The members of the board are approved by a particular Minister decision. 2. The board analyses the presented requests, and proposes to the minister the issuing of the licenses to the sailing means/ subjects examined and approved by this board. 3. The proposal is written in the form of verbal-process, which is presented to the minister after the members of the board have signed in it. 4. Respective specialists of Directorate verify the documentations regarding new licenses and renovations are present them in board meeting called from Director. In renovation cases the specialists examine the fulfilling of license conditions according previous license on exercising of his activity. ARTICLE 32 The license renovation 1. The renovation of the license is done after the previous one expires. 2. To renovate the license the following documents must be presented to the directorate: a. the request for license renovation (annexes 1/1, 5/1, 11/1); b. The report on fishing activity and fulfilling of license conditions, according article 33 of this regulation, every year of its activity, confirmed from fishery inspector. 3. In agriculture reservoirs has to be presented the restocking with fingerlings document fro each year from the license holder. This document have to be confirmed by FMO-s (where exist) as well as from fishery inspector of district. 4. The directory, after verification of obligations respecting from the subject/ fishing boat, represents all the documents on the Board for approving license renovation. ARTICLE 33 The availability of the licenses and the duplicates 1. The fishing license issued according to the law, comprises the basic document for the exercising of professional fishing and is kept at every moment at the board of the ship. 2. If the license is lost or becomes illegible, the directorate issues a duplicate signed by the director. ARTICLE 34 The interruption of the license 1. The interruption of the validity of the license is a competency of the fishing inspectors, the chief fishing inspectorate at the ministry as well as of the director. 2. The decision for the interruption is given in a written form to the license holder; a copy of which is kept at the directorate. The license holder in this case is obliged to deliver to the inspectorate office in the respective district the license document until the decision of the Administrative Contravention Examining Commission on Fishery & Aquaculture. ARTICLE 36 The transfer of the license 1. Whoever becomes the owner or the legal representative of a fishing boat, aquaculture equipment or the subject to whom the license has been issued and who wants to continue the exercising of the activity according to the license, is obliged to present at the directorate the request for license transferring. The request is made within15 days from the changing of the ownership. The directorate issues a duplicate license signed by the director, without changing the number of the previous license. 2. Whoever is the owner of a fishing boat with a deck, provided with a license of professional fishing, can request from the directorate the transfer of the license to another fishing boat with similar technical characteristics, if the previous boat is out of order for fishing, (demonstrated with necessaries documents). The directorate issues a duplicate license signed by the director, without changing the number of the previous license. ARTICLE 37 The license abolition 1. The license lost the validity: a. temporarily, when the physic / juridical subject is forbidden to exercise fishery/aquaculture activity by the decision of Administrative Contravention Examining Commission on Fishery & Aquaculture. b. Temporarily, in the cases that the physic / juridical subject violate the previsions of article 39 and 40/c of the law. c. Temporarily, when the physic / juridical subject don’t pay the license charge within March, 31 of the current year. d. Permanently, when Administrative Contravention Examining Commission on Fishery & Aquaculture. is punished two times from Administrative Contravention Examining Commission on Fishery & Aquaculture. e. Permanently or temporarily in all contraventions cases that are foreseen in the article 39 of Law and violating of dispositions of article 38 of the same law, or in other cases foreseen from by law acts. f. Permanently when: * Finish or is closed the professional fishing activity; * License holder doesn’t want to continue fishing/aquaculture activity until this moment permitted from this license. * By proposition and approving of FMO-s Administrative Council in which the subject adhere. g. Permanently, when the physic / juridical subject don’t liquidate the penalties accorded for the violations observed according the article 39 and 40 of the law. h. Permanently, when to the physic / juridical subject is accorded temporarily interruption of the license for not paying the license charge within March, 31 of the current year and still don’t pay this charge until April, 30 of the current year. i. In cases when a certain fishing boat or aquaculture unit don’t exercise for more than three months the activity for which is licensed. In this case the license abolished. Fishery inspector of the district verifies and sends to the directory the verbal-process document with casual verifying notes. j. In cases of not application of the obligations comes from the license obligations. 2. The license owner is obliged to deliver the license in Directorate within 15 days from dead line above mentioned in point 1 ( article 36). 3. The Directory abolish fishing license which get approved from director to be deposited in license archives. ARTICLE 38 Fishing boats of professional fishing license obligations. 1. Each fishing subject has to respect the obligations as follow: a. to apply the fishing legal and sub legal acts; b. to correct apply the Port Management Regulation or Fishing Center. c. Fishery license has to be always in fishing boat; fishing subject has to bear it all the time. d. to correct apply the specification foreseen in the fishery license. e. to obey to every order given from the fishing inspectors, as well as to allow them to inspect/ send the motorboat at a port; f. The fishing boat captain that fish the species that are one resource/ group resources concerned are obliged to keep a book/ diary ship (Anex22) where have to be booked, clearly readable all data’s regarding quantity boarded catches, the date and place of catch as well as the kind of fishing nets used. All this data’s has to be always at disposal to the fishery inspectors when they inspect/control. In the cases of license for a few fishing boats, this obligation has to be fulfilled from the license owner. g. The other fishery subjects have to keep the production books to register their fishing activity data’s. h. To let entrance and boarding of fishery inspectors, observers and scientists of the country/foreign when are authorized from director to facilitate fulfilling of their mission. i. The captain of the ship and fishing subject has to respect the limitations in regard of production landings, fishing activity, fishing gears, fishing nets, ship identification and license plate of little navigation gears. 2. Every foreign fishing boat captain, equipped by professional fishing license has to respect the obligations as follow: a. To carry his country flag all the time being in territorial waters of Albanian Republic. b. To inform immediately the Directory of every entry/ exit from territorial waters of Albanian Republic and to respect the communication norms with Port Authorities of Albania Republic as well as all sailing rules in Albania Republic waters. c. To respect the dispositions of an article 37, point 1 of this regulation as well as Albanian sailing gears. 3. Is forbidden to exercise whatsoever fishing activity if are not respected the conditions of point 1 and 2 of this article. ARTICLE 39 Identification marks of fishing boats Each fishing boat of professional fishing should have its identification marks, according to FAO normative, program 10 on “specifications for identification marks of the fishing boats”. The ministry has to publish these marks in a separate act. ARTICLE 40 Fish harbors and Fish Centers 1. Catches by trawling nets, pelagic purse seines, purse seine, hooks and line have to be landed and traded at first time in fishing harbors of Shengjin, Durres, Vlora and Saranda. 2. Catches by nets, hooks in Shkodra, Ohrid, Prespa (little and big ones), Fierza and Ulza lakes have to be landed and traded at first time in centers approved by competent Veterinarian Authorities. 3. For a best control of maximal catches quantity from bivalve mollusks boats the landings has to be made within a determined timetable and a determined landing point, for each harbor by a special order of Fishery Directorate after having a FMO-s permission of a fish harbor. 4. For other fishing subjects, the collecting points of bivalve mollusks will be determined by a special order of Fishery Directorate. ARTICLE 41 Fishing products trade Fishing products trade has to be submitted to the followed conditions: 1. Fishing products have to be sale only the registered buyers or collecting centers and/or by registered auction by competent veterinarian authorities. 2. Fishing products buyer in his first sale has to be registered to the competent veterinarian authorities. 3. In cases when for a particular species are determined minimal dimensions, the responsible operators on fish products sales, storing, transporting have to certify the geographical origin of fish products. 4. Are exempted only the fish products buyers that use them for personal consumption 5. In first sale act, wholesaler’s centers have to prepare a document on the sale, for truthfulness of its statement they are responsible. 6. The sale document contains at least those data: a. all the species, dimensions, weight and freshness, b. the price, the quantity for each sale, c. the destination of the product, d. the name of buyer, e. the place and the date of sale, 7. Fishery inspectorate controls the technical aspects of fish products trading in regard to: a. minimal dimensions of the product, b. geographical area of product origin. ARTICLE 42 Licenses Modular 1. The license for professional fishing, for aquaculture or activities related to fishing is issued according to the following models: a. LP1- for the marine fishing boats with a deck (annex 6) b. LP2- for the coastal fishing and the inland waters, without a deck (annex 7); c. LP3- for the fixed or stationary fishing gears in marine or inland waters (annex 8); d. LA4- for aquaculture in the fish farm built on land surface (annex 9); e. LA5- for aquaculture floating cage units on water surfaces, at marine or inland waters (annex 10); 2. The license holder takes the original document issued from the ministry. 3. The Directory prepare two copy of each license by original seal of Ministry, from which one copy has to be saved in licenses archive of Directory and one copy in Ministry protocol. CHAPTER VII PROHIBITIONS IN FISHING ARTICLE 43 Areas protected from fishing 1. In protected waters areas (marine & inland waters) is prohibited to exercise every activity that could damage environmental characteristics preservation of such areas and/or future initiatives of their proclaiming. Particularly, is prohibited: a. Fishing, gathering and damaging of animal and plant species as well as mineral & archeological values excavation; b. Using trawling gears, other encircling nets in a distance of 1 (one) marine mile from protecting area border. c. Transformation of geophysics habitats, water chemical and hydro biological characteristics. d. Publicities activity meanings; e. Weapons introduction, explosive and deleterious matter and whatsoever fish falling in ruin stuff. f. Sailing by engine means; g. Every garbage (solid or liquid ones) throwing; 2. Is prohibited fishing in the area by 2 km radius from a mouth of River Buna and 1 km from the mouth of other Albanian Rivers. 3. Is prohibited fishing within shamadur area as well as installing of a nets like gillnets, in shamadur border-line direction. Shamadur area included within the radius, started from a v-shaped trap: a. Fish weir of Shkodra 1000 m; b. “ Ceka 1000 m; c. “ Patogu 1000 m; d. “ Narta 1 1000 m; e. “ Narta 2 1000 m; f. “ Butrinti 500 m; g. Is prohibited fishing in upper part of v-shaped trap of Prita e Rrezes (Butrinti) in the distance of 500 m. Is prohibited every fishing activity in the radios area of 250 m from the bridge (Prita e Rrezes-Butrinti) to the Bufi Lake. h. Is prohibited the licensing of more than 3 fishing groups in the Butrinti Lake. Fishing in this lake should be only by gillnets in a circular fishing way (until 400 ml each group), eel hooks (until 6 hooks each group) and lines. j. Is prohibited every fishing & aquaculture activity in autside part of Karaburuni shore from Kepi i Gjuhezes until rruget e Bardha (Palase) in the distance of 1 marine mile shoreline or 50 m isobate in the case when this depth could be in smaller distance. k. The Ministry collaborates with Environment Ministry, based on the studies of water biodiversity, marine and inland waters, approves and proclaims new fishing protected areas. l. The Ministry collaborates with Environment Ministry with aim of transforming the fishing protected areas to the Marine Parks/ Inland Water Parks. ARTICLE 44 Trawl and pelagic fishing 1. Is prohibited Fishing with trail net (trawl and pelagic)/ or similar with them in shallow area in the distance less than 3 marine mile from shoreline or in 40 m isobate in the case when this depth could be in smaller distance. 2. Is prohibited Fishing with trail net (trawl and pelagic)/ or similar with them on the Posidonia oceanica yard or marine fanerogames. 3. Is prohibited using for fish of every kind of nets by circulating in the distance less than 300 m from the shoreline or in 40 isobate when this depth could be in smaller distance. 4. It is prohibited to fish with trail net (trawl or pelagic) in the Vlora Bay (limited on the north from the basic line of the Bay of Karaburun up to Treport). ARTICLE 45 Sea- lagoon communication channels 1. Is prohibited fishing in the sea- lagoon communication channels as well as in the seaside area included within the arch with a radius of 2 km by a centre the outfall channel to sea. 2. Is prohibited fishing by a third part during the period when v-shaped traps are closed (when their function is to catch fish), within the boundaries of the v shaped traps (shamaduri on the side of the v-shaped net), which are determined on the article 43 of this regulation. 3. The above mentioned prohibition is not valid in the cases when the dike of the v-shaped net is jeopardized caused from hydrometereological conditions. ARTICLE 46 Fish weir 1. V-shaped traps have to be opened (no fishing function) in these periods of the year: a. The fish weir of Shkodra March, 15 to August, 31 b. The fish weir of Viluni March, 15 to September, 30 c. The fish weir of Merxhanit March, 10 to July, 31 d. The fish weir of Ceka March, 10 to July, 31 e. The fish weir of Patogut March, 15 to September30 f. The fish weir of Karavasta March, 5 to May, 5 g. The fish weir of Narta February, 10 to April, 10 h. The fish weir of Orikum March, 15 to June, 15 i. The fish weir of Butrint April, 1 to June, 30 j. The fish weir of Prita e Rezes April 15 to June 15 2. In the period when the fish weir of the coastal lagoons are open (according to the point 1 of this article), every form of fishing in the lagoons except hook and parancave for eels is forbidden. 3. It is forbidden to put fishing canes (or plastic, metallic tubes, etc) in the fish weir with a distance less than 12 mm from each other. 4. It is forbidden to use nets (metallic, plastic, etc) with a diameter less (the circumscribed circle in the hole) less than: a. 30 mm for the fish weir of Shkodra; b. 28 mm for the other fish weirs; ARTICLE 47 The authorization for the restocking of natural waters The natural waters restocking by water organisms are done only by ministry authorization. In the case of introduction (acclimatization) of other species in Republic of Albania waters, before issuing authorization by ministry, the opinion of the Commission for the Coordination and Scientific and Technological Coordination is taken. In the authorization are determined the areas where the new species will be introduced. ARTICLE 48 Prohibited fishing 1. It is forbidden to fish, carry in board, to transit on the boat/ship, purposed landing and trading, in every period, area with whatever means and tools the following species: Salmon (Koran) of the river –Salmo letnica lumi Sturgeons – Acipenser atirio, Acipenser nacarili, etc. Njila – Chondrostoma spp. Sharks – Cetorhinus maximus, Carcharodon carcharias. Lopa e detit – Mobula mobular. Gureshpuesi (bivalve mussels) – Lithophaga lithophaga. 2. It is forbidden to fish in every period, area and with whatever means or tools the sea mammals (dolphins, whales, seals, etc). 3. Is forbidden to fish, carry in board, to transit on the boat/ship, purposed landing and trading, with whatever means and tools all fish species of Prespa Lakes (Big and Little) for a period of one month a year. The determinate time has to be by a special Minister order, every year. 4. It is forbidden to fish, carry in board, to transit on the boat/ship, purposed landing and trading with whatever means and tools all fish species in Ohrid Lake from December 1, until December of every year, except of Alburnus albidus alborella fishing 5. Is forbidden bottom trawl/ sailing fixed nets using in fishing of species: white tunes (Thunnus alalunga), Red tunus ( Thunnus thynnus), lance fish (Xiphias gladius), sharks (Hexanchus griseu, Cetorhinus maximus Alopiidae; Carcharhinidae; Sphyrnidae; Isuridae; Lamnidae). 6. Is forbidden fishing by bottom trawl and trailing dredge in area more than 1000 m depth. 7. Is forbidden using for fish and carried on board of long lines by hooks of less than 10 cm length and less than 4, 5 cm width for such fishing boats that use pallangare and lands or carry in board a certain quantity of lance fish (Xiphias gladius) more than 20% of live fish catches. 8. Is forbidden using of driftnets for big pelagic fishing. 9. Is forbidden fishing with pelagic long lines from October 1 until January, 31 of species: white tunes (Thunnus alalunga), Red tunus ( Thunnus thynnus), lance fish (Xiphias gladius), sharks (Hexanchus griseu, Cetorhinus maximus Alopiidae; Carcharhinidae; Sphyrnidae; Isuridae; Lamnidae). 10. Is forbidden using in Ohrid Lake of following fish gears: a. leaded driftnets for bleak. b. harpoons for carp, c. fishing by hooks for all fish species. ARTICLE 49 The prohibition to fish some kinds in certain periods and areas It is forbidden to fish by every fishing gears and means, carrying on a board, transition on a boat, purposed landing of following species in the respective periods and areas: 1. Bleak (cironka) – Alburnus albicus alborella From 20 April to 15 July in the Ohrid lake, and from 1 April to 31 July in the other areas; 2. Carp – Cyprinus carpio From 20 may to 15 June in the Ohrid Lake From 15 April to 15 may in the other areas 3. Koran – Salmo letnica From 1 December to 28 February in the Ohrid lake 4. Belushka – Salmothymus ohridanus From 1 November to 31 January, in Ohrid lake. 5. Wild trout – Salmo trutta From 1 November to 1 April in all the areas 6. Bivalve mollusks fishing in following period: a. vongole, cardium, fazolari , from 15 June to 15 July. b. kanoniket, from 1 April to 30 September. c. telina, from 1 April to 30 April. d. tartufet, from 1 June to 31 July. 7. During the fish forbidden period according above point 1 is allowed other fishing means, authorized by license, after taking off bivalve mollusk fishing gears. 8. Fishery Directorate determine by a special order the timetable of bivalve mollusk fishing. 9. Is forbidden fishing activity of the bivalve mollusks during Saturdays and Sunday, official holidays, all over the year. 10. Is forbidden in longer period, within beach areas, in particular cases, vongole and cardium fishing from May to September. ARTICLE 50 Measuring of water organisms dimensions 1. The length of the fish is measured from the top of the head (by closed mouth) to the lobe longest extremity or of the tale (caudal) when this does not consist on two lobes. (fig.1) 2. The length of the crustaceans is measured from the beginning of the eye to the posterior extremity of the body, including the tale. (Fig 2, 3, 4) 3. The dimensions of the bivalve mussels refer to the maximal length or to the maximal diameter of their shell. (fig.5) ARTICLE 51 The minimal dimensions of the water organisms 1. It is forbidden to fish and to sell water organisms with dimensions less than the following for every separate kind: a. Fish Europian hake, Merluccius merluccius 20 cm Blue whiting, Micromesistius spp., 20 cm Triglidae, 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 Seabream, Diplodus spp. 15 cm Common pandora, Pagellus spp., 12 cm Dentex, Dentex spp. 25 cm Bogue, Boops boops 10 cm Salema, Sarpa salpa 12 cm Striped mullet, Mullus spp. 11 cm Grouper, Wreck fish, Epinephelus spp, Polyprion spp. 45 cm Sciaenidae, Sciaena spp., Umbrina spp. 25 cm Atlantic horse, Trachurus spp. 12 cm Amberjack, Seriola spp 30 cm Ame, Lichia amia 30 cm Atlantic mackerel, Scomber spp. 20 cm Atlantic bonito, Sarda sarda 30 cm European pilchard, Sardina pilchardus 10 cm Anchovy, Engraulis encrasicholus 10 cm Sardinela, Sardinella aurita 12 cm Sprat, Sprattus sprattus 10 cm Kublat, Alosa fallax 20 cm Picarel, Spicara spp 8 cm Tunas, Thunnus thynnus 70 cm Albacore, Thunnus alalunga 40 cm Tunas, Euthynnus alletteratus 30 cm Broadbill swordfish, Xiphias gladius 100 cm Smoothhound, Mustelus spp. 30 cm Sharks, Squalus spp, Scyliorhinus spp, Prionace spp. 40 cm Ray, Raja spp. 30 cm Ray, Squatina spp. 40 cm Electric fish, Torpedo spp. 30 cm Europian conger, Conger conger 30 cm Guitare fish, Rhinobatos spp. 30 cm Sole, Solea spp. 20 cm Europian flounder, Platichthys flessus 15 cm Bothus spp., Arnoglossus spp. 30 cm Rombet Scophthalmus spp, Psetta spp, Lepidorhombus spp. 30 cm Silver scabbardfish, Lepidopus caudatus 40 cm Harpoon fish, Sphyraena spp 25 cm John dory, Zeus faber 15 cm Triglidae, Trigla spp., Aspitriglia spp. 15 cm Anglerfish, Lophius piscarorius 30 cm Sand smelt, Atherina spp 8 cm Eel, Anguilla anguilla 25 cm Trutt, Onchorhinchus mykias 25 cm Wild trut, Trofta e eger, Salmo trutta 20 cm Ohrid Salmon, Salmo letnica 25 cm Salmon , Salmo letnica estivalis 30 cm Belushka, Salmothymus ohridanus 15 cm Sharroku( perka), Perca fluviatilis 15 cm Lucioperka,Stizostedion lucioperca 30 cm Bleak, Alburnus spp. 10 cm Bleak (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 Transparent goby, Gobius spp. 15 cm Karaset, carassius spp. 15 cm Carp, Cyprinus carpio 30 cm Bighead, Hypopothalmichthys spp,Aristichthys spp. 30 cm Amuri Ctenopharyngodon idella 30 cm Pellembeza Megalobrama amblycephala 20 cm b. Crustacean Triple-grooved shrimp, Panaeus kerathurus 7 cm Karkaleci violete, Aristeus antennatus 7 cm Karkaleci i kuq, Aristaemorpha foliacea 6 cm Deep-water pink, Parapenaeus longirostis 10 cm Norway lobster, Nephrops norvegicus 30 cm European lobster, Homarus spp. 30 cm c. Cephalopod mussels Common squid, Loligo spp. 25 cm Totanet, Ilex spp 30 cm Cuttlefish, Sepia officinalis 20 cm Common octopus, Octopus vulgaris 0.5 kg d. bivalve mussels Mussels, Mytilus galloprovincialis 5.0 cm Striped venus, Venus gallina 2.3 cm Warty venus, Venus verrucosa 2.7 cm Wedge clam, Donax trunculus 2.2 cm Groves carpet shell, Ruditapes decussatus 3.6 cm Vongola filipine, Ruditapes semidecussatus 3.0 cm Oysters, Ostrea spp. 6.0 cm Bicaku, Solen spp. 8.0 cm Great escallop, Pecten jacobeus 10.0 cm Smooth callista, Challista chione 6.0 cm 2. Fishes of small dimensions caught by purse seine nets, like sardines, anchovy, papalina and bleak is allowed that in total catch having up to 20 % under minimal respective dimensions (point 1 of this article) but not less than 7 cm in length. 3. In every fish production confection is allowed a tolerance of bivalve mollusks with dimensions less from those foreseen but not more than 10%, counted in base of point 1 of this article. ARTICLE 52 The maximum daily quantities for bivalve mollusks 1. The maximal daily catches for fishing boat, according article 53 are determined as follow: Striped venus e European prickly cockle in total, Venus gallina 600 kg Smooth callista, Challista chione 500 kg Wedge clam, Donax trunculus 100 kg Horse mussel, scallop in total 300 kg Oysters, Ostrea spp 100 kg 2. For every professional fisherman equip by license on bivalve mollusks gathering in the sea and coastal lagoons, it is forbidden to exceed the following daily quantities: Bicaku Solen spp. 10 kg Smooth callista, Challista chione 50 kg Freskorja (kapesanta) Pecten jacobeus 20 kg Mussels, Mytilus galloprovincialis 80 kg Oysters, Ostrea spp 30 kg Warty venus, Venus verrucosa 10 kg Wedge clam Donax trunculus 50 kg Striped venus, Venus gallina 40 kg Groves carpet shell, Ruditapes decussattus 40 kg Vongola filipine Ruditapes semidecussatus 10 kg 3. The maximal daily quantity determination for every subject will be done in each license in dependence of the resources in each area. 2. The products from aquaculture are excluded from point 1 and 2. ARTICLE 53 The characteristics of mollusk fishing boats A typical dragging fishing boat for mollusks has those characteristics and limitations, as follow: a. Maximal length between vertically point is 10 meters; b. Maximal power is 100 hp to the sailing combs; c. Maximal gross weight is 10 t; d. Absence of mantel in elike; ARTICLE 54 Co laudation Technical verification 1. All fishing vessels, according article 5 have to be submitted the technical verified from Marine Authorities of ship register country. 2. The technical certificate has to be part of ship documentations; 3. Fish vessels, to which is not fulfilled or refuse to fulfill technical verifying will be suspend the license until this process will be done. ARTICLE 55 The general principles on data collecting and their management 1. To have a necessary scientific valuation toward sector management politics, the Directory has to gather complete data’s on fish stocks biology, fishery fleet and it activity, economical and social matters. 2. This specific information should be coordinated with statistical data’s. 3. The Directory should create a multi annual aggregated data system, scientifically based, which includes biological and economical information. The methodology used will be decided in a proper time and will be standard by the EU requests and will be equip by international important rules. 4. The Ministry: a. Create, based on the models, when is necessary, the supplementary programs on data gathering. b. Specify the procedures that have to be followed to gather aggregated data. c. Make sure that the used data in aggregated data producing to remain opened to every recalculating, when consider necessary. d. Classify scientific marine researching by purpose of frequency valuation and stock dissipation in independent way from industrial fishing entry data’s in stock cases for which this valuation considered possible and utile. 5. The Directory: a. Collect the necessaries data in a way of fishing fleet valuation and eventual changes in fishing power. b. Support the programs on valuation of total catch per stock volume, including trashes where has and when is necessary classify their catches according group vessels, geographical areas and time period. Catches has to be biological models object. c. Fulfill the price monitoring jointly with different landings as well as their information’s. The supplement data’s has to be gathered in a way of performing all product landings in harbors of fishing centers as well as imports. d. Valuate the economical situation of a sector based on a studies and models by wide reliable specter, having into account following factors: i) according to fishing fleet: Incomes from the sales or other sources (i.e. subventions, generated interests) Production costs. Data’s that has to be calculated and classified on sea employment determination. ii) according inland water fishing: Incomes from the sales or other sources (i.e. subventions, generated interests). Production costs. Data’s that has to be calculated and classified on employment determination. iii) according fish processing industry: Production determination expressed in volume and value terms by production category. The enterprise numbers and their workers. The changes in product cost and its composition. ARTICLE 56 The habitat change prohibition Includes in prohibitions of water quality changes and the change of their flow direction (According to article 24, point 1, d of the law) as following: a. building new channels in coastal lagoon areas, without the approval of the responsible bodies; b. deviating the flow of the sea –lagoon communicate channels. c. introducing the fresh waters into lagoons, without the approval of the responsible bodies; d. to change the stream of the rivers or other running waters; e. cutting water vegetation without the approval of the responsible bodies. ARTICLE 57 Prohibitions for some kinds of fish sailing means 1. It is forbidden to provide by trawl fishing license the vessels with an engine of over 1000 Hp and less than 150 Hp. The licenses issued before this regulation without those limitations continue to be valid. 2. Are forbidden using for professional fishing the motoscafes or dinghy boats. ARTICLE 58 Prohibitions for some fishing forms and equipment 1. It is forbidden using for fishing or carried on ship/boat board of the toxic, narcotic, corrosive matter, of substances which in case of their association could cause explosion, of equips that can cause electrical power or explosion. 2. It is forbidden to fish by trawl nets, dredge, etc. in inland waters. 3. It is forbidden to fish by trawl nets, dredge in form of gabia in marine and inland waters 4. It is forbidden to put fixed equipment that closes completely or along the river stream to the sea as well as in fresh water flow of lagoons. 5. It is forbidden to gather (fish) bivalve mussels with sailing means of the turbo sifting type. ARTICLE 59 Minimal dimensions of the fishing nets 1. The measuring of mesh net should be by measuring of internal distance between two knots opposite one another, equals twice the side of the rectangle of the hole (2a). The measuring is done when the hole is pulled from its longest axes when the net is wet and used. 2. It is forbidden carried in fishing vessel board or using of nets by meshes less than; a. Trawling gear (in cod end) 40 mm; b. Surrounding nets for sardine, anchovy and small pelagic fish (cod end) 20 mm; c. Surrounding nets for sardine, anchovy and small pelagic where they consist in 85% of live weight in catches, in its other part 20 mm; d. Trammel nets * For bleak in Shkodra Lake, Fierza and Vau i Dejes 28 mm; * For bleak in other areas 20 mm; e. Gillnets (single or triple): * In coastal areas 48 mm; * In coastal lagoons 60 mm; * For Ohri Lake salmon (Static or floating) 90 mm; * For carp in Shkodra Lake 80 mm; * For carp in Ohri and Prespa Lake/ other waters 66 mm; * For bleak in Shkodra Lake, Fierza, Vau i Dejes 28 mm; 3. It is forbidden to block in every each of its part or real reduction of their dimensions. ARTICLE 60 Exceptions for scientific research purposes In the authorization for scientific research (according to the article 10 of the law) and with the aim of restocking water categories could be allowed exceptions from the prohibitions foreseen in Chapter VII of these regulation. CHAPTER VIII SPORT/ RECREATIONAL FISHING ARTICLE 61 Licenses of sport fishing 1. The licenses of sport/recreational fishing by fishing boats (according to article 23 of the law) may be given to sport fishing associations or to interested persons who satisfy the above mentioned criteria in point 3 of this article in these regulation. 2. A sport fishing license, issued on the basis of the above mentioned point (1), may authorize the exercising of sport fishing with more than one fishing boats. In this case has to be specified in the license: a. The maximal number of the fishing boats authorized to exercise this activity. b. The maximal number of fishing days to be exercised by every fishing boat during the year. c. The maximal number of persons boarded in each fishing boat during the exercising of sport fishing. 3. Associations or organizations authorized to exercise sport/recreational fishing on the basis of the respective license issued by the ministry, are obliged: a. to present in the directorate the document for every fishing boat that mean to use for sport fishing; b. to provide with a copy of the legislation on sport fishing for every fishing boat they have and is authorized to exercise this activity; c. to present the certificates of driver qualifications for sailing means which they will exercise in sport fishing; d. to present statistical data of their catches during sportive fish exercising for each boat. 4. In every case a sport-fishing license determines the area where this activity will be exercised. 5. It is prohibited the trade of water organisms catches during sport fishing. ARTICLE 62 Equipment allowed in sport fishing Sport fishing is allowed to be exercised only with hooks, fish rod and sea guns. For under water fishing by gun is allowed only mask and tube. ARTICLE 63 Prohibitions is sport fishing 1. in sport fishing: a. it is not allowed to use more than five hooks (fishing poles) for a fisherman in the sea water and three hooks (fishing poles) in other waters different from marine waters; b. it is not allowed to use a form of fishing with light sources, except of a hand light or lamp for underwater fishing; c. In the sailing means is not allowed any kind of fishing equipment or net used in professional fishing or using of bottom trawl net, surrounding nets, drags, gathering nets and single gillnets, set long lines for migratory fish species. d. It is not allowed for fishing using of harpoons in all water categories. e. It is not allowed to fish during the day a quantity of more than three kg fish for every fisherman, except the cases when the weight of a single sample exceeds this limit: f. It is not allowed the fishing of mollusks, crustacean and other kinds, which are prohibited from the by law acts issued from ministry. 2. All the prohibitions foreseen for professional fishing also apply to sport fishing. ARTICLE 64 Models of requests and licenses 1. The request for a license of sport fishing has to be present in directorate according to the model of annex 11of this regulation, completed with all the required data. 2. The license of sport fishing is issued according to the model presented in annex 12 of this regulation. CHAPTER IX Fishing outside waters of the Albania Republic ARTICLE 65 The authorization 1. The authorization to fish outside of the waters of the Republic of Albania is issued according to the article 16, point 3 of the Law, application the United Nations Convention on “Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas” and Law of the Sea. 2 For non application of obligations in consequence of above mentioned the Authorization becomes automatically invaluable. 3. A special authorization to fish outside the waters of the Republic of Albania may be given only to the fishing boat which possesses the necessary equipment according to the norms in power regarding their technical insurance. 3. A special authorization to fish outside the waters of the Republic of Albania can not be given in cases when the fishing boats has been previously registered in a foreign country (place) and if it has been definitively penalized for breaking of the laws in power of that country for fishing in international waters. Exclusion can be made only in the case when the owner of the means or the previous titular of the fishing license has no connection or interest with mentioned boat. 1. The directorate keeps a separate list of the Albanian fishing boats which are authorized to fish outside waters of the Republic of Albania CHAPTER X DATA GATHERING ARTICLE 66 The obligation to fill in the forms 1. The fishing license holder is obliged to complete the statistical data required by the forms 23 in regard with license given type. This form, part of fishing boat log books has to be kept on a ship board and has to be fulfilled every day. The titular of the license is obliged to present the completed forms at the end of every month at the office of the fishing inspectorate. 2. The fishing/ aquaculture license holder is obliged to complete annual statistical data, mentioned in point 1 of this article in regard of license given type. This annual data has to be present in two copies, one of which to fishery inspectorate of district and the second one in Directorate. The forms have to be present as follows: a. In bottom trawl fishing, surrounding (purse seine), pelagic and artisanal with fishing boats with a deck according model SV1 (annex 16). b. In artisanal fishing in coastal areas by fishing boat without a deck, inland waters, in mollusk bivalve gathering according model SV2 (annex 17; c. In marine aquaculture and inland waters according model SV3 (annex 18). 3. The form that mentioned in point 1 of this article must be available when asked by the fishing inspectors, from the Institute of fishing research in Durres or from other persons authorized from the ministry for this purpose. 4. The inspectors have the right to check the completion and accuracy of the statistical data of the above mentioned forms. ARTICLE 67 Statistical declaring on mollusks 1. The licensed subject is obliged to communicate within date 15 of every month to the Inspectorate district offices for a previous month data according forms A and B in the annex 15. 2. This communication could be also through cooperatives or associations and FMO-s in which the license holder is member. 3. The form A and B has to be hold from the license holder and has to be fulfilled every day. 4. For daily data registration have to be established a copybook on mollusk bivalve fishing (form C, annex 15) pages of which are numbered and sealed from Directory of Agriculture and Food. Respective fishery inspectorate and has to be present whenever is asked from fishery inspectorate body. 5. The lack or irregularity on fishing copybook holding and/or not presenting of a form A and B should be penalized and be fined, or taking off the license in repeating cases. CHAPTER XI THE ADMINISTRATION OF COASTAL LAGOONS ARTICLE 68 The procedures for administration agreements deduction 1. The ministry has to deduct the agreements for coastal lagoons administration, (according to article 31 of the law), after organizing the competition amongst the eventual different competitors based on the procedures foreseen by the laws in power. 2. The ministry publishes all competition data’s, through which invites the interested subjects to present their proposals. In the published data, are specified the eventual terms expected to be reached, foreseen in the agreement, such as the payment of the rent, special investment to be carried out or the administration criteria that should be respected. ARTICLE 69 Proposals 1. The participant in competition present his proposal in a written form, specifying all the obligations he agrees to respect as regards the payment of the rent, the investment planned, the administration plan of the mentioned area, as well as everything else presented in the competition data, published by the ministry or considered necessary in a way of improving the agreement according to the article 31 of the law. 40 2. In the document submitted for the tender the participant gives documented information on his professional experience in the field, according to the respective by law acts. ARTICLE 70 The selection criteria To make a right judgment and assessment for every proposal done and presented to competition the best criteria for candidate selection will be: a. the payment level of the lagoon rent, b. The maintenance investment level of the lagoon, their ecological improvement in harmony with the increase of the fish products. c. the level and the quality of the lagoon administration plan; ARTICLE 71 The agreement deduction, the licenses 1. The candidate who wins the competition signs the agreement with ministry according to the article 31 of the law. The minister authorizes the person who will sign the agreement as a representative of the ministry. 2. The candidate who wins the competition submits the request for a fishing license for area that he has won the right to administrate. The right to be equipped with a fishing license according to the law and this regulation has to be given exclusively to the winner of the competition. ARTICLE 72 The duration The agreement can last for a period of 1 to 10 years and can be renovated. The duration of the administration is specified in the agreement for every specific lagoon. ARTICLE 73 The fishermen employment The physical or juridical person who has won the lagoon administration right is obliged to employ the professional fishermen of that lagoon or fishermen who live in the administrative area around the lagoon by contractual relationship. CHAPTER XII Fishery activity control/ inspection ARTICLE 74 Fishery inspector’s identification The fishing inspectors keep with them, at every moment they are on duty, the proper document issued with the signature of the minister. The inspectors show their identity document to every person that they inspect/control during the time they are on duty. ARTICLE 75 The control object a. In a way of legislation on force respect guaranty, Fishery inspectorate control fishery activity and those linked with them, in territorial waters as well as in Republic of Albania territory. He inspects fishing vessels (boats) and all activities in application of this regulation and Fishing Law. He inspect, also landing, sales, transport and stored fish product activities as well as landing and sales registrations. b. The sale, transport and fish store control has to be in regard with fish dimensions and geographical area of the catches. c. Fishing vessels that might exercise fishing activity by foreign flag and sail in territorial waters are obliged to communicate their movements and their catches. On a board. d. Fishery inspectorate control out of territorial waters fishing activity of fishing vessels when this is necessary to guaranty fishing international rules respecting. ARTICLE 76 Inspecting 1. In article 36, 37 of law application fishery inspectorate exercise its control activity in a way of not obstacles normal fishing activity of the subject controlled. They, also exercise control activity without any discrimination in choosing of controlled subject/sector. 2. Fishery inspectors, before start inspecting should prepare and deliver to license holder a document on the activities that will be object of control. 3. Fishery inspectors, in the end of control should prepare a relation on the control result in two copies; one to the controlled subject and one to Inspectorate Sector in Directory. 4. The license holders the collecting center or transport gears owners that are control object should collaborate with inspectorate in a way of control facilitating. ARTICLE 77 Control of fishing gear using 1 .Fishing nets, held in fishing board, not used if fishing have to be ordered in such way of not being easily used, application following conditions: a. nets, weights and similar gears are un contacted from their panels as well as from the cables and ropes. b. nets that are held on the ship bridge are well bounded with support structure, 2. if the catches that are in fishery vessel board are made by nets of different minimal dimensions in one way out on the sea the species composition have to be encountered for every quantity part cached in different conditions. For this purpose; every using mesh size change together with fish cached composition, present on a board, before net changing have to be registered in vessels log book and landing declaration form. 3. The Directory might decide that in certain fishing areas prohibition of using nets of different minimal mesh sizes during one way out in the sea. ARTICLE 78 Modification and/or closing fishing activity 1. All fish quantities regarded a certain resource/ group resources that are fishing quotas object of fishing boats has to be encountered on this quotas base, per resource/group resources, independent of landing place. 2. the ministry determine the date in which appreciate that resource/group resources catches, quotas object, made by fishing vessels carrying country flag or fish in territorial waters of Albania Republic, have fulfilled the resource/group resources quotas. Starting from this date, Ministry order to temporarily stop fishing the resource/group resources from fishery vessels as well as holding on their board, trans- boarding and landing of fish cached after this date. Ministry point an expiry date within of which are permitted landings, trans – boarding and last declarations in regard of their catches. 3. Fishing boats stop fishing of a resource/group resources species, quotas object, in valuated date in which the quota is fulfilled. These boats, also, not carry in board, trans-board or land resource/ group resources catches, fished after this date. 4. Ministry determine the date in which appreciate that the vessels carrying country flag or registered in her territory have achieved maximal fishing catch effort in a certain area. Ministry, in this case stops temporarily fishing activity to the fishing boats, starting from this date in this area. ARTICLE 79 Inspection/control in case of changes or adapting of structures in fishery/ aquaculture sector. 1. Fishery inspectorate make control in regard with: a. Restructuring, renovation and modernization of fishing fleet. b. Fishing capacity adopting through temporarily or permanently stopping. c. Fishing activity limitation from the fishing boats. d. Geometry and number of fishing gear limitation as well as their uses. e. Marine aquaculture development and their spreading along the coastal areas. 2. In this purpose, the controls has to be made to the fishing boats in such aspects: a. Engine power of boats control. b. Registered weight of boats control. c. Stopping time of boat control. d. Fishing gears and their number on a boat control. 3. In a way of facilitating of control procedures, the inspection can be made through information cross check on fishing capacity and fishery fleet activity: a. In a boat log book. b. In landing product declarations. c. In Marine Register of fishing fleet. ARTICLE 80 The contraventions, the sanctions and the responsibilities The contraventions, the sanctions and the responsibilities of subjects toward legislation violating from them is based on articles 39 to 42 of Fishery Law. Their purpose is taking off in effective way the economic profiting made from a noticed transgression as well as to create effects in proportion by transgression degree and serving as an obstructive measure for other transgression of similar nature. ARTICLE 81 Contravention examination The processing The fishing inspectors whenever observe transgression of the law and this regulation, complete in a written form processing according to the model presented in appendix 21, ARTICLE 82 Administrative Contravention Examining Commission Administrative Contravention Examining Commission, according to article 43 of law consists on: a. the director (chairman) b. the chief of fishing inspectorate sector of directorate (vice chairman); c. the chief of fish resources sector of directorate d. a jurist from the juridical directorate in ministry e. a specialist of the directorate (secretary) f. Two fishing inspectors in the districts. g. FMO-s representatives ARTICLE 83 The duration The Minster nominates the members of the Administrative Contravention Examining Commission ARTICLE 84 The judgment procedure of Commission 1. The commission calls by a written announcement the person/s considered responsible for committing an administrative transgression of law, based on processing document present by fishery inspector. The announcement and a copy of the protocol must be sent to the mentioned person one week before commission meeting. 2. The announcement has information about the place, date and the time of Administrative Contravention Examining Commission meeting. 3. The commission can proceed with the judgment at the specified place, date and time. a. if the responsible person can not be found; b. In absence of the considered responsible person for law transgression, when results that the above mentioned person is announced and there is no reasonable reason for his absence. c. If the considered responsible person for law transgression has authorized another person with a legalized procure to represent him. 4. The commission calls the fishing inspector who has written the processing document in meeting. 5. During the judgment the person considered responsible for law transgression should be listened. 6. The secretary of the commission writes the meeting protocol of the proceedings as well as the results of voting decision. All the members of commission sign the protocol. 7. The commission takes a motivated decision. The decision is given in a written form and is signed by the chairman of the commission. 8. The decision has to be communicated to the interested person in a written form. 9. By a special Minister Order, case by case, has to organize a Commission for destroying thoroughly of fishing gears sequestered. Every decision of such Commission should be by a processing document where is signed by each member. This document should make in two copies. One copy has to present to the Administrative Contravention Examining Commission, one copy has to be held from the Fishery Inspector of the District. ARTICLE 85 According to the article 44 of the law against the decision of the commission the judged person might lodge a complaint at a tribunal. ARTICLE 86 Regulation Nr.1 of date 27.3.1997, N0 2 of date 23.3.2000, Nr.3 of date 29.4.2002, Nr.4 of date 19.2.2003 and Minister Order Nr. 373 of date 19.6.2003 are out of force. ARTICLE 87 This regulation comes immediately into a power THE MINISTER AGRON DUKA Annex 1 To the Ministry of Agriculture and food FISHERY DIRECTORATE T I R A N A REQUEST FOR PROFFESIONAL FISHERY LICENSE (Mod. KP1) The subject By address Present the request in professional fishing, area: * By fishing form** Of species catching*** By fishing boat By sailing boat By stationary gears In owner of The fishing boat (or sea shore sailing boats and/or inland waters/ stationary gears) has the characteristics, gears and the systems according the data’s represent in attached form for licenses archive. date **** Note: the above marks legend: * Marine waters, sea shore (according administrative map, specified landing place), the lake, lagoon, reservoir, river etc. ** in marine fishing has to be noted the fishing form(bottom, pelagic, surrounding nets, selective gears (gillnets, hooks etc) ;in inland fishing has to be noted the gears and fishing tools (gillnets, hooks, trawl nets, fish weirs, paranca, lift nets etc). *** Fish, mollusk or crustacean species that will be fishing target. **** The license request sign (owner, owners, or legal represents of the subject). Annex 1/1 To the Ministry of Agriculture and food FISHERY DIRECTORATE T I R A N A REQUEST FOR PROFFESIONAL FISHERY LICENSE RENNOVATION (Mod. KP1/1) Subject: License N0. By address: Present the request for renovation of professional fishing license, area: * By fishing form** Of species catching*** By fishing boat By sailing boat By stationary gears In owner of: The fishing boat (or sea shore sailing boats and/or inland waters/ stationary gears) has the characteristics, gears and the systems according the data’s represent in attached form for licenses archive. date **** Note: the above marks legend: * Marine waters, sea shore (according administrative map, specified landing place), the lake, lagoon, reservoir, river etc. ** In marine fishing has to be noted the fishing form (bottom, pelagic, surrounding nets, selective gears (gillnets, hooks etc); in inland fishing has to be noted the gears and fishing tools (gillnets, hooks, trawl nets, fish weirs, paranca, lift nets etc). *** Fish, mollusk or crustacean species that will be fishing target. **** The license request sign (owner, owners, or legal represents of the subject). Annex 2 To the Ministry of Agriculture and food FISHERY DIRECTORATE T I R A N A The Form for Archive Licenses (Mod. ARK1) I.BOAT IDENTIFICATION 1. Name, surname and address of license owner/holder: ……………………………………………………………………………………. 2. Boat Name......................................... Year of construction............................Place of construction.......................... 3. Registered Port…....................... .., date ...................... …………………. 4. Registered Number.................................... 5. Owner and Flag evidence, issued, date.................................................... 6. Sailing Certificate, (security) issued, date................................................. 7. Basic Port activity………………………………………............................... 8. Minimal crew number.................................................................................. II.BOAT CARACTERISTICS 9. Building stuff of hull......................... 10. Tonnage according the register: BRT..........NRT............. 11. The length..................Width.................Immersion………………................. 12. Engine type...............................Engine power (HP).................................... 13. Sailing equipments...................................................................................... 14. Communication equip............................................................................... 15.Fish discover equip.................................................................................... 16. Crane type………………………………………............................................ 17. Fishery mechanized equip.…………………………………....................... 18. Auxiliary engines………………………………….......................................... 19.Light source………………………………………........................................... 20. Fish treatment equipments Refrigerator Capacity………………………………………….................................. Frigidity Temperature............................................................................................. 21. Fishing gears: Type of nets used………………………………………………................................ The quantity............................................................................................................ 22. Number of boat punts.......................................................................................... Date............. Boat owner Annex 3 Data determination and describe of a registering Area name Maximal number of characters Determinations and comments Registration country 3 Alpha-3 ISO code in which the vessel is registered for fishing-- ALB NFR - CFR 12 (National (Community) Fleet Register number) Unique Identification number of a fishing vessel. Alpha-3 ISO code followed from identification stringe (9 characters). One string less than 9 characters has to be accomplished, in the left side by the 0 Event code 3 Code that indicate the kind of the declared event (Tab. 1) Event date 8 Date (YYYYMMDD) in which the event happened License indicator 1 The vessel is equipped by fishing license Y(yes) N(no) Matriculate number 14 External matriculate 14 Vessel name 40 Activity port 5 International codification IRCS indicator 1 The vessel has the international radio in board :Y(yes)/ N(no)/ U (unknown) IRCS 7 International Radio Call Sign (International Call Indicator) VMS- Indicator 1 Vessel Monitoring System. The vessel is equipped by a dispozitiv for localization through the satellite. : Y(yes) N(no) Principal fishing net 3 Principal net codification (tab. 3) Secondary fishing net 3 Secondary fishing net codification (tab. 3) LOA 6 (Length Over All) Vessel length in meters. LBP 6 (Length Between Perpendiculars), in meters GT-weight 8 GT-weight Other weights 8 In ton according Oslo-Convention and each state determination. G.T.s 7 Main power 8 In kW Auxiliary power 8 In kW. All installed power out of item “Main power”. Engine material 1 Codification according the tab. 4 The year of entering in activity 4 The month of entering in activity 2 The day of entering in activity 2 The segment 3 Code, tab. 5 Country of import/export 3 Alpha ISO Code of country of import/export. Kind of export 2 Code, tab. 6 State help Code 2 Code, tab. 6 Date of Administrative decision 8 Date(YYYY/MM/DD) The interested segment for administrative decision. 3 Code of segment POP that has to be communicated. Year of construction 4 Country of construction 100 Free text: The name of naval constructor, the town and place where the vessel was constructed. The company Name 100 The vessel society: physical subject: name surname. Juridical subject Nomination. The Society address 100 Free text. The address has to be exact by the purpose of their contact: the street, number, postal box, city and country. Owner indicators 1 Vessel, to which owner society. Y(yes) N(no) Owner’s Name 100 Owner’s vessel: physical person: name surname Juridical person. Owner’s address 100 Free text. The address has to be exact by the purpose of their contact: the street, number, postal box, city and country. Table 1 Event codification Census CEN New construction CST Activity change CHA Entry in activity Import IMP Presence in fleet Modification MOD Demolition, wrecked DES Activity change RET Exit from Fleet Export EXP Table 2 Hull stuff codification wood 1 metal 2 Resin glass Fiber 3 other 4 unknown 5 Table 3 Fishing boat equipments codification Net category net code stationary (S) or trained (T) Pelagic (P) or Demersal (D) Purse seines PS T P Surrounding nets Light LA T P Beach seines SB T D/P Surrounding nets SDN T D/P Scotch surrounding nets SSC T D/P Surrounding trawls Two boats surrounding net SPR T D/P Bottom trawl with fixed cage TBB T D Bottom otter trawls OTB T D Bottom pair trawls PTB T D Mid-water pair trawls OTM T D/P Twin pelagic trained PTM T D/P Trained nets Twin otter trolled OTT T D/P Cages trained by boat DRB T D Hand cages operated on board DRH T D Cages Mechanical dredges HMD T D Gathering nets operated by boats LNB S P Gathering nets Square shape LNS S P Stationary gillnets GNS S D Demersal gillnets GND S D/P Encircling gillnets GNC S D/P Trammel gillnets GTR S D/P Fixed Gillnets Open pond nets GTN S D/P cages Cages FPO S D Hooks operated by hand or cane LHP S D/P hooks Hooks, operated mechanically LHM S D/P fixed lines LLS S D Floating lines LLD S P Trained hooks LTL T P Unknown nets NK Without net NO Register data annex Annex 4 Enter in activity Presence in the fleet Exit from activity CEN CST CHA IMP MOD DES RET EXP Register state x x x x x x x x CFR x x x x x x x x Event code x x x x x x x x Event date x x x x x x x x License indicator x x x x x x x x Matriculate N0 x x x x x x x x Extern matriculate x x x x x x x x Vessel Name x x x x x x x x Port of activity x x x x x x x x IRCS indicator x x x x x x x x IRCS x x x x x x x x VMS indicator x x x x x x x x Kind of principal net x x x x x x x x Kind of secondary net x x x x x x x x LOA x x x x x x x x LBP x x x x x x x x Weight GT x x x x x x x x Other weight x x x x x x x x GTs x x x x x x x x Main power x x x x x x x x Auxiliary power x x x x x x x x Hull material x x x x x x x x Year of entering in activity x (l) (l) (l) x x x x Month of entering in activity x (l) (l) (l) x x x x Day of entering in activity x (l) (l) (l) x x x x The segment x x x x x x x x Import/export country x x Export kind x State help Code x x x (ll) x x x Date of administrative decision x x x The segment interested to administrative decision x x x Constructed year x x x x x x x x Constructed place x x x x x x x x Society Name x x x x x x x Society address x x x x x x x x Owner indicators x x x x x x x x Owner’s Name x x x x x x x x Society’s address x x x x x x x x Annex 5 To the Ministry of Agriculture and food FISHERY DIRECTORATE T I R A N A REQUEST FOR AQUACULTURE LICENSE Subject........................................................ By address: .................................................. Represent the request for aquaculture practicing in: *.......................................................... ........................................................... In owner of **........................................... For cultivating of ***....................................... ........................................................... ........................................................... Data.............. ****....................... Note: the above marks legend: * Existing fish farm, land or water surface, where aquaculture activity requested, surface specified. ** Public or private (in this case has to be noted the owner’s name) *** Fish species or other water organisms mentioned to cultivate. **** Name, surname and sign of license requests (owner/s, or legal representative of subject). Annex 5/1 To the Ministry of Agriculture and food FISHERY DIRECTORATE T I R A N A REQUEST FOR AQUACULTURE LICENSE RENOVATION Subject................................, License N0: ........................ By address: .................................................. Represent the request for license renovation in aquaculture, in: *.......................................................... ........................................................... In owner of **........................................... For cultivating of ***....................................... ........................................................... ........................................................... Data.............. ****....................... Note: the above marks legend: * Existing fish farm, land or water surface, where aquaculture activity requested, surface specified. ** Public or private (in this case has to be noted the owner’s name) *** Fish species or other water organisms mentioned to cultivate. **** Name, surname and sign of license requests (owner/s, or legal representative of subject). Annex 6 ALBANIA REPUBLIC MINISTRY OF AGRICULTURE AND FOOD FISHERY DIRECTORATE FISHING LICENCE (Mod. LP1) N0...........Date......... BOAT........................ 1. In ownership of: ................................................ By address: .................................................................. 2. Registered from the Port Authorities of....................... On date.................by register N0: .................................. Registering N0 of Marine register: .................................. Register N0. of Fishing Boats Register: ……………....... .. 3. Boat characteristics: Production year ................ production place........................ The material of skaff....................................... Length (m)........Width (m)..........Weight (ton)............ Type of motor…….., by…time, by ……cylinders, ……………engine power (HP). Auxiliary motors................................................ Sailing equipments............................................... Communication equipments............................................. Fish detections equipments................................. Fishing gears: ........................................... Fish treatment equipments: ................................ A U TH O R I Z E To practice professional fishing in area: ……………………………………………….. By fishing form: ............................................................................................................ By fishing gears: .......................................................................................................... to fish the species: ........................................................................................................ The license is valid until: …………………………………………………………………. The validity of this license will be remote in the case of not paying the annual charge of activity practicing until 31 march of current year. M I N I S T E R The license, issued on date........................................ Annual charge of the license...........leke Annex 7 ALBANIA REPUBLIC MINISTRY OF AGRICULTURE AND FOOD FISHERY DIRECTORATE FISHING LICENCE ( Mod. LP2) N0...........Date......... JURIDIC/FISIC SUBJECT........................... Sailing means............................................. Characteristics............................................... From which, motorized................................... Motor........................................................ I S A U TH O R I S E D To practice professional fishing in area: .............................................................. Fishing form...................................................................................................... Fishing gears................................ Fishing species.............................................................................................. The number of fishermen.............................................................................. The license is valid until: …………………………………………………………………. The validity of this license will be remote in the case of not paying the annual charge of activity practicing until 31 march of current year. M I N I S T E R The license, issued on date........................................ Annual charge of the license...........leke Annex 8 ALBANIA REPUBLIC MINISTRY OF AGRICULTURE AND FOOD FISHERY DIRECTORATE FISHING LICENCE ( Mod. LP3) N0...........Date......... JURIDIC/FISIC SUBJECT........................... In ownership/lease/concession of…………………………………… Characteristics............................................... Fishing gears................................ I S A U TH O R I S E D To practice professional fishing in area: .............................................................. Fishing form...................................................................................................... Fishing gears................................ Fishing species.............................................................................................. The number of fishermen.............................................................................. The license is valid until: …………………………………………………………………. The validity of this license will be remote in the case of not paying the annual charge of activity practicing until 31 march of current year. M I N I S T E R The license, issued on date........................................ Annual charge of the license...........leke Annex 9 ALBANIA REPUBLIC MINISTRY OF AGRICULTURE AND FOOD FISHERY DIRECTORATE FISHING LICENCE ( Mod. LP4) N0...........Date......... Fish farm........................................... Total surface…………………................................... Water surface…………............................................. The coordinates of the area...................................... In ownership of: ......................................................... I S A U TH O R I S E D To practice aquaculture activity for cultivation of species……………………………………………………………………………….. Surface .............................................. The license is valid until: …………………………………………………………………. The validity of this license will be remote in the case of not paying the annual charge of activity practicing until 31 march of current year. M I N I S T E R The license, issued on date........................................ Annual charge of the license...........leke Annex 10 ALBANIA REPUBLIC MINISTRY OF AGRICULTURE AND FOOD FISHERY DIRECTORATE FISHING LICENCE ( Mod. LP5) N0...........Date......... JURIDIC/FISIC SUBJECT........................... Based on the request and the project represented, I S A U TH O R I S E D 1.To practice aquaculture activity for cultivation of species………………………….... ................................................................. Surface.............................................. Geographical coordination’s....................................... 2. To use by leasing the water surface in aquaculture practicing for a period of ……………………………………………………………………………………………… Started from ...............until ……………………………………….................. By a total lease value of ………………………………………………………………. And a condition of finishing the equipment construction until………………………. The license is valid until: …………………………………………………………………. The validity of this license will be remote in the case of not paying the annual charge of activity practicing until 31 march of current year. M I N I S T E R The license, issued on date........................................ Annual charge of the license...........leke Annex 11 To the Ministry of Agriculture and food FISHERY DIRECTORATE T I R A N A REQUEST FOR SPORT FISHING LICENSE Subject................................................... Address.................................................. Represent the request for sport fishing practicing in area …………………………… Fishing form ……………………………………………………………………………… To fish the species ……………………………………………………………………… By sailing means ………………………………………………………………………. For period ………………………………….. By a total days ………………………… Days number for each sailing means ………………………………………………… Maximal persons for each sailing means ……………………………………………. Date.............. License holder ............................... ............................... Annex 11/1 To the Ministry of Agriculture and food FISHERY DIRECTORATE T I R A N A REQUEST FOR LICENSE RENOVATION FOR SPORT FISHING Subject....................................., License N0 …………………………................ Address.................................................. Represent the request for sport fishing practicing in area …………………………… Fishing form ……………………………………………………………………………… To fish the species ……………………………………………………………………… By sailing means ………………………………………………………………………. For period ………………………………….. By a total days ………………………… Days number for each sailing means ………………………………………………… Maximal persons for each sailing means ……………………………………………. Date.............. License holder ............................... ............................... Annex 12 ALBANIA REPUBLIC MINISTRY OF AGRICULTURE AND FOOD FISHERY DIRECTORATE SPORT FISHING LICENSE N0........Date........... JURIDIC/FISIC SUBJECT........................... Address ………………………………………………..................................................... I S A U TH O R I S E D To practice sport fishing activity by ……………………………………………………… .............................................................. Area …………………………………………………………………… The period …………………………………………………………….. Days for each sailing means ……………………………………….. By sailing means ……………………………………………………. Fishing the species …………………………………………………. ………………………………………………………………………… The total number of persons ………………………………………. M I N I S T E R The license, issued on date........................................ Annual charge of the license...........leke Annex 13 F O R M SD4 ARTIZANAL FISHING To the Ministry of Agriculture and food FISHERY DIRECTORATE T I R A N A Year Month form N0 reserved for inspectorate Juridical/physic person …………….. ......................... N0 and data of license ………………......................... By reside in ……………………................................... The days, area, equipments Fishing, according the species (kg) ........... ................ ........... ................ ........... ................ ........... ................ ........... ................ ........... ................ ........... ................ ........... ................ License holder....................... Annex 14 F O R M SB5 FISHING IN INLAND WATERS To the Ministry of Agriculture and food FISHERY DIRECTORATE T I R A N A Year Month form N0 reserved for inspectorate Juridical/physic person …………….. ......................... N0 and data of license ………………......................... By reside in ……………………................................... The days, area, equipments fishing, according the species (kg) ........... ................ ........... ................ ........... ................ ........... ................ ........... ................ ........... ................ ........... ................ ........... ................ License holder....................... Annex 15 FORM A Harbor Cooperative/ subject………………………. Street ...……………………………………. District …………………………………….. To the Fishery Directorate Statistical declaration according the article 4 of Regulation N0. Month ………….. Year ………………. N0 of. Matriculate TSL HP ownership Fishing area FD specie KG N0. of Port Authority reg. License N0. FD specie KG N0 of. Matriculate TSL HP ownership Fishing area N0. of Port Authority reg. License N0. N0 of. Matriculate TSL HP ownership Fishing area FD specie KG N0. of Port Authority reg. License N0. N0 of. Matriculate TSL HP ownership Fishing area FD specie KG N0. of Port Authority reg. License N0. DATA…../…. /……. Subject…………………………… Legend: VONGOLE (Ruditapes decussatus) =V BICAKU (Solen Spp.) =B KG=SASIA NË KG. KARDIUM (European prickly) = KR KANOLIKI (Venus gallina) =KA FASOLARI (Challista chione) =F OSTRIKE (Ostrea Spp.) =O MOLLUSC (Mytilus galloprovincialis) =M FD=Fishing Days FORM B Harbor COOPERATIVE/ SUBJECT………………………. STREET ……………………………………. DISTRICTI………………………………….. To the Fishery Directorate Statistical declaration according the article 4 of Regulation N0. Month ………….. Year ………………. Matriculate N0. TSL HP Ownership Fishing Area FD Specie KG N0. of Port Authority reg. License N0. . DATA…../…./……. Subject…………………………… Legend: VONGOLE=V FD=Fishing Days BICAKU=B KG=SASIA NË KG. KARDIUM= KR KANOLIKI=KA FASOLARI=F OSTRIKE=O MIDHJE=M VONGOL VERACE=VOV VONGOLA FILIPINE=VOF 1--------+------+------+--I 1------1 I I I I Form C COPPY BOOK FOR MOLLUSC FISHING ACCORDING THE REGULATION N0 1, ARTICLE 67 Year……………… Month ………………… Day Fishing area Specie kg Day Fishing area Specie 1 17 2 18 3 19 4 20 5 21 6 22 7 23 8 24 9 25 10 26 11 27 12 28 13 29 14 30 15 31 16 TOTAL Annex 16 F O R M SV1 Bottom, surrounding, artisanal (coastal) To the Ministry of Agriculture and food FISHERY DIRECTORATE T I R A N A Year Form N0 Reserved for inspectorate Fishing boat.............................. Harbor.................................. N0.and data of license................. Owner................................ Captain............................... Annual production …………................... Domestic………………………........ Export …………………………….... Catches according fishing forms Bottom………………………............ Surrounding……………………....... Artizanal………………………......... Incomes realized…………………........... Domestic………………………....... Export…………………………….... Fishing days………………….................. No fishing days……………….................. Bad weather (KK) break down (A) Technical services (ST) other Overall N0 of quay in fishing day Overall N0 of crew Catches according the species kv ....................................... ....................................... Boat owner....................... Annex 17 F O R M SV2 Artisanal fishing in Inland Waters To the Ministry of Agriculture and food FISHERY DIRECTORATE T I R A N A Year Form N0. Reserved for Inspectorate Juridical/physic person................................... N0 and data of license ……….......................... Fish in the area ……............................... Annual production ....................................... Domestic ……………………......... Export ………………………..... Catches according fishing forms…………....... By surrounding gillnets ……………………… By stationary gillnets ………………………… Fish weir …………………………. Hooks ………………………….. Lines …………………………. Other nets …………………………. Incomes realized …………………............. Domestic ………………………...... Export ………………………….. N0 of sailing means ……………….................. Boats …………………….......... Punts …………………….......... Others …………………….. ........ Catches according the species kv .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... License holder........................ Annex 18 F O R M SV3 Bivalve mollusks gathering To the Ministry of Agriculture and food FISHERY DIRECTORATE T I R A N A Year Form N0. Reserved for Inspectorate Juridical/physic person................................... N0 and data of license ……….......................... Fish in the area ……............................... Annual production ....................................... Domestic ……………………......... Export ………………………..... Catches according fishing forms…………....... Manually (artisanal) …. ……………………… By boat ………………………… Incomes realized …………………............. Domestic ………………………...... Export ………………………….. N0 of sailing means ……………….................. Boats …………………….......... Punts …………………….......... Others …………………….. ........ Catches according the species kv .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... License holder........................ Or Boat owner……………….. Annex 19 F O R M SV4 Aquaculture activity To the Ministry of Agriculture and food FISHERY DIRECTORATE T I R A N A Year Form N0. Reserved for Inspectorate Juridical/physic person.................................... N0 and data of license ……….......................... Practice aquaculture activity in ………………. Annual production ....................................... Domestic ……………………......... Export ………………………..... Catches according fishing forms…………....... Manually (artisanal) …. ……………………… By boat ………………………… Incomes realized …………………............. Domestic ………………………...... Export ………………………….. Fry/ fingerlings production according the species Fish species Eggs 000/pieces Larvae 000/pieces Juvenile 000/pieces Fingerlings 000/pieces N0 of workers in fish farm ………………......... Fish production for market ………………….. According the species …………………… License holder......................... Annex 20 ALBANIA REPUBLIC MINISTRY OF AGRICULTURE AND FOOD FISHERY DIRECTORATE FISHERY INSPECTORATE PROCES VERBAL N0 Date Report made today, date , from fishery inspector Toward the person/subject , resident in (Name, paternity, surname) Date of birth ID, N0: Profession license N0: Was ascertaining that: When the person/subject interrogate for this wrongdoing, he/she declared: Based on the law, N0. 7908, of date 5.4.1995 "For fishery and Aquaculture”, for the contravention made by him, I Decide: 1. To punish by penalty money. 2. To sequester fishing gears as follow: 3. To suspend the license until the final decision of Commission of Contravention Examination. This report is made in three copies, one to the infringer, and one to the Port Authority and the last to the Fishery Inspectorate in Fishery Directorate to be examined by Commission of Contravention Examination in Ministry of Agriculture and Food. The Infringer Fishery Inspector the Witness