Concerning the land

Article 4

Central Consultative Commission on Fishing and Aquatic Life

Article 5

Composition of Central Consultative Commission on Fishing and Aquatic Life

1– Central consultative Commission on fishing and aquatic life is chaired by the Minister and is composed of representatives of the directory of fishing, of other directories of other interested ministries as well as of representatives of production activities and experts in the field of fishing and aquatic life

2 – Members of the Commission shall be appointed by the Minister for a three-year period.

3 – Director of Directory of fishing in the Ministry shall perform the functions of vice-chairman of the Commission whereas an official of the same directory shall perform the duties of the secretary.

Article 6

2 – Local commissions give opinions about issues of fishing and aquatic life as many times as the Minister or central consultative Commission deem necessary.

3 – The Minister decides on the location of local commissions, determines their composition and appoints the chairperson of each commission.

Article 7

Commission for Co-ordination of Scientific and Technological Research

1 – In the Ministry shall be established the commission for co-ordination of scientific and technological commission applied in fishing and aquatic life.

The Minister shall appoint the members of the commission.

2 – The commission gives opinions about issues related to studies and research of a scientific, technical, static and economic interest on fishing and aquatic life.

NORMS OF PROGRAMMING

Article 8

This plan shall be elaborated and prepared by the Directory of fishing in the Ministry, endorsed by the central Commission on fishing and aquatic life and approved by the Minister.

Article 9

Development Plan of Fishing and Aquatic Life

Development plan of fishing and aquatic life is a separate object [voice] of the state budget.

CHAPTER IV

Article 10

Article 11

Acknowledged Entities of Research

1 – The Ministry may acknowledge as whatever research entity any private subject that files a request on the basis of certification of their qualification and capacity.

Article 12

The Register of Professional Fishermen

The Ministry creates a professional fishermen register to be kept in its defined offices and any one that wants to exercise the professional fishing activity shall be obliged to make the registration in the professional fishermen register, attested and issued with the respective certification.

Article 13

The Register of Fishing Means

1 – The Ministry creates a registry of fishing means to be kept in the offices or organs determined by it.

Article 14

2 – The Minister may modify the number of licenses even in contradiction with indicators of fishing and aquatic life management plan on basis of justified and specified motifs.

Article 15

2 – The professional fishing license shall be issued by the Minister without approval by the fishing board on the basis of the owner request or of anyone that request to exercise professional fishing activity with either a sailing means or without it.

3 – Possession of fishing means does not constitute a sufficient condition to gain the right of issue of professional fishing license.

Article 16

a) Area where activity will be performed;

b) Fishing equipments;

c) Presentation of information and statistical data;

ç) Obligation to allow the presence and stay of observers assigned by the Ministry on board of the ship aiming at collection of various data on fishing.

2 – The professional fishing license has a specified duration in accordance with by-laws for application of this law. The duration should be marked in the license.

3 – Fishing outside water of the Republic of Albania shall be exercised on a special authorization.
4 – Licenses of professional fishing valid on basis of existing provision in the moment this law is effective shall remain valid until they expire.

5 – Albania fishing means issued a professional fishing license employ crew composed of Albanian citizens. The Ministry shall authorize presence of special foreign experts on board of fishing means.

Article 17

Article 18

Agreement on Fishing

1 – The Government of the Republic of Albania shall enter into agreements with governments of other countries or with international organizations in the field of fishing. Such agreements contain indicators about fishing licenses or activities related to it.

2 – Agreements based on this Article should determine obligations of the other party to guarantee the honor of fishing norms applied in the Republic of Albania.

Article 19

a) On basis of an international agreement in power with the state pertaining the sailing means or subject; or

b) In case when the issuance of the license:

- Is useful for the economy of the Republic of Albania and particularly when the requester of this license engages to make useful investments in the fishing sector in the Republic of Albania in conformity with policies and strategies defined for the development of this sector;

- Is useful for the optimal utilization of resources considering national capacities of fishing and their developments;

- Be in conformity with the policy of the Republic of Albania in relation to foreign investments and particularly with forecasts of management plan of fishing an aquatic life.

2 – Possessor of a license issued based on this law is subject of protection by the legislation of fishing and activities related to fishing that is in power in the Republic of Albania.

3 – Possessor of a license issued based on this Article shall be in advance of license issuance a juridical person in the state of origin.

Article 20

Article 21

Article 22

Fishing of Corals and Sponges

The fishing of corals and sponges shall be prohibited. For study and research purposes the Minister shall issue a special authorization.

Article 23

Sport Fishing

1 – Sport fishing without use of sailing means shall be permitted without having a license. The Minister shall issue the license of sport fishing.

2 – Sport fishing shall be prohibited:

a) When using sailing means different from those defined with by-laws for application of this law;

b) When using typical equipments of professional fishing or different from those defined with by-laws for application of this law;

c) In areas which are not prohibited for sport fishing through by-laws for application of this law;

ç) When using underwater guns in a distance less than 50 m from professional fishing equipments;

d) When using underwater guns by persons under sixteen years old.

Article 24

Prohibitions

1 – Shall be prohibited:

a) To fish

- In areas and periods of time prohibited with by-laws for application of this law;

- With sailing means, fixed or movable equipments prohibited with by-laws for application of this law;

- Water organisms of prohibited species with by-laws for application of this law aiming at their protection or for other motifs;

- Water organism of a size prohibited with by-laws for application of this law;

- In greater quantities than those determined as the maximal quantity with by-laws for application of this law;

- Fish eggs, larva or offspring of any water organism species without necessary authorization or license based on by-laws for application of this law;

b) Use of explosive matters, of chemical or poisoning matters, of electrical energy capable of stun, paralyze or kill water organisms, as well as during the aquatic life activity;

c) To fish water organisms that are subject of fishing by third parties or to fish in distances less than those determined with by-laws for application of this law with equipments and means of third parties without the consent of the beneficiary according to the law;

ç) To store, transport or trade whatsoever water organisms gained in contradiction of this law and with derivative by-laws;

d) To change the quality and direction of waters in such manner that may cause damage to the habitat of water organisms or to the aquatic life plants except in cases authorized by law.

2 – The abovementioned prohibitions shall be not valid in cases set forth in Article 5, paragraph 5.

Article 25

Obligation of Data Submission

Possessor of a license of professional or sport fishing and of aquatic life activity shall be obliged to responsibly provide statistical data related to executed activity according to manners and criteria set forth with by-laws in application of this law.

Article 26

2 – Anyone requesting to import or export fish egg and larva of any species of water organisms shall be issued a special authorization by the Ministry.

Article 27

License of Aquatic Life

1 – The activity of aquatic life shall be permitted issuing a license by the Ministry.

2 – The license shall be issued only when implementation of the project does not cause negative effects to the environment and affects the Albanian economy. The board of licenses of aquatic life is composed of, among others, representatives of the Committee for Environment Protection and other ministries with which is related the mentioned activity.

3 – Planning in the field of aquatic life is made on basis of an integrated management of economical and environmental interests with other interested sectors and is subject of procedures of environmental inconformity assessment.

4 – The right of use of private estates for development of aquatic life activity shall be gained particularly in compliance with laws in power.

5 – The right of use of state property estates for development of aquatic life activity shall be defined in the same license upon receipt of the opinion of competent local authorities on the abovementioned territory.

6 – The right of use of water surfaces of the Republic of Albania for development of aquatic life shall be defined in the same aquatic life license.

7 – In cases described in paragraphs 5 and 6 the license contains conditions of lease except in cases where this is provided for by legislation in force. Evaluation of state land for the purpose of aquatic life shall be classified in the same category as agricultural land in accordance with laws in power.

Article 28

a) The structure, equipment and maintenance of plants;

b) Area where activity will be developed;

c) Quantity and quality of food to be used;

ç) Use of chemical matters;

d) Keeping of the registers and submission of information;

dh) Signaling of diseases;

e) Quantity, quality and species of offspring introduced and used;

ë) Discharge of whatsoever material from plants;

f) Water quality control;

g) Fish transportation;

gj) Need of a separate license for activities related to aquatic life;

h) Limitation of the area where activity will be exercised;

i) Mandatory insurance.

2 – In any case the Ministry is assured that the requester of licenses present sufficient guarantee to fulfill its own obligations.
Article 29

Duration of License

1 – The duration of license of aquatic life is until 20 years and after expiration of the duration it may be renewed.

2 – In the license shall be determined the schedule within which works for exercise of activity should start and end. In any case the works should be completed within three years form the moment of license issuance.

Article 30

Modifications

Any modification of structures, equipments and maintenance of plants shall be authorized beforehand by the Ministry.