Concerning the land

CHAPTER VII

Article 31

2 – Agreements are accompanied by an area management plan where is specified the state of resources and objectives to be achieved through this management, all the conditions for its implementation particularly the following:

a) Definition and bordering of the water or limitrofic area on which the agreement will be signed;

b) Duration of agreement;

c) Definition in particular of obligations that undertake the contracted party such as construction of existing infrastructure as well as annual payments;

ç) Guarantees that the contracted party offers in honoring of its own obligations;

d) Right to be gained by the contracted party on each of the area resources, fauna and fish resources as well as on exercise of aquatic life activity;

dh) Measures that are determined to ensure honoring of the right of fishing and other activities that traditionally exercised in the area;

e) Obligations of the Ministry in relation to area management;

ë) Consequences in cases of breach of agreement provisions by each party.

3 – The project of an agreement based on this Article should be published and in particular should be made known to area residents and local authorities through display in public places, publication in the mass media in order that interested subjects give their opinions and remarks.

4 – Duration of publication should not be less than thirty days.

5 – Remarks made by anyone in relation to project-agreement in question should be reviewed and assessed by the Ministry before signing the agreement. The decision to be taken should be justified and should be published.

CHAPTER VIII

Article 32

a) Composition, functioning and separate duties of consultative organs established based on Articles 4, 6 and 7 of this law;

b) Model forms of the request, authorization and the license, provided for by this law;

c) Conditions of issuance and renewal of research authorizations;

ç) Criteria and manners of acknowledging the research entities according to Article 10 of this law;

d) Conditions, requirements, and manners of registration in the register of fishermen as well as the model of the register and norms for keeping it;

dh) Qualifications and professional titles of employed personnel in fishing and aquatic life as well as criteria and manners of these titles registration;

e) Conditions, requirements and manners of registration of fishing boats according to Article 16 of this law;

ë) Conditions of issuance and renewal of professional and sport fishing licenses;

f) Establishment and keeping in the Ministry of an archive of fishing and aquatic life licenses;

g) Obligations and manners of presentation of reports from directors of research authorities;

gj) Obligations and manners of presentation of information and statistical data on fishing and aquatic life as well as for economic utilization of fishing and aquatic life products;

h) Prohibition on fishing according of Article 24 or other prohibitions determining even sanctions based on law;

i) Suspension, annulment, renewal or rejection of licenses and authorization defined by this law;

j) Sport fishing and in particular species, equipment, areas, periods of time, exercise of this activity, use of sailing means, issuance of licenses by sports companies or other entities, conditions of use of underwater guns;

k) Taxes on licenses and authorizations defined based on this law;

l) Sanitary and health conditions in relation to fished or produced water organisms from the activity of aquatic life;

ll) Annual minimal quantities that subjects will fish as a condition for license renewal;

m) Exercise of fishing an in particular:

- Structures, equipments, plants and maintenance;

- Cultivation methods;

- Collection of data on aquatic life;

- Control of plants and environment;

- Geographical location of plants;

- Credit with low interest;

- Export and import of offspring;

- Taxes for lease of water areas of the Republic of Albania and other conditions;
- Taxes for lease of state lands and other conditions;

n) Organization of fish market and in particular the obligation to submit statistical data for the exercised activity;

nj) Authorization of administrative organs and other entities for issuance of the licenses determined by this law;

o) Appointment and competencies of fishing inspectors;

p) Compilation of records from fishing inspectors and relevant forms;

Article 33

Professional Qualification

CHAPTER IX

CONTROL

Article 34

Organs of Control

The control for application of this law and regulations deriving from it shall be exercised by the fishing Inspectorate according to Article 36 of this law. In achieving of this purpose, the environment protection inspectorate, the order police and financial police, the captain’s office of docks, the armed forces and any other organ designated by the Government collaborate.

Article 35

Article 36

Fishing Inspectorate

1 – The fishing inspectorate shall be established which is the responsible and competent organ for control of application of this law and its deriving by-laws.

2 – The fishing inspectorate is established in the Ministry as a sector within the directory of fishing and has offices in various places, where deemed necessary aiming to ensure the application of this law and its deriving by-laws.

3 – Structure and organization of fishing Inspectorate shall be determined by the Council of Ministers on the proposal of the Ministry.

4 – Appointment of any fishing inspector is the competence of the Minister on proposal of fishing Directory.

5 – Competences of fishing inspectors shall be determined by decision of the Council of Ministers.

6 – The Minister may authorize separate officials of the fishing Directory to execute functions of fishing inspectors.

Article 37

a) Stop the trespasser and eventually the ship with which the breach is committed and to contest the breach;

b) To ask for trespasser generalities;

c) To compile the record including the generalities of the one that has committed the breach, violated provisions, objects eventually confiscated according to paragraph (f), the suspended license or authorization according to paragraph (g) if possible with immediate effect, but no later than fifteen (15) days from moment the fact is evidenced;

d) Stop and immediately bring to the nearest police station in case they refuse to give their generalities or there is doubted that those are false as well as in cases where violation constitutes a criminal violation;

e) In cases when the violation constitutes a criminal offense shall denounce to judiciary;

f) Sequestrate objects used for committing the violation or that are a consequence of it, in any case in accordance with legal provisions permitting the police to sequestrate until the Commission has reached a decision (Article 43);

g) Suspend the validity of the license or authorization issued based on this law until a decision is made by the Commission on this violation (Article 45).

Article 38

Inspection and Information Request

1 – Inspectors of fishing in any moment may inspect sailing means, plants, complexes of fishing and aquatic life, places of storage and sale, means of transportation of fish products and fishing equipments and to request from anyone information related to the above, and finally to clarify honoring of norms for fishing and aquatic life discipline.

2 – Inspectors of fishing in any moment may request to anyone that exercises an activity to show the license or authorization issued based on this law and its deriving by-laws, for whom these licenses and authorizations are necessary based on this law.

CHAPTER X
CONTRAVENTIONS, SANCTIONS AND RESPONSIBILITIES

Article 39

Administrative Contraventions

1 – Anyone that performs research activity without authorization according to Article 10 or in contradiction with conditions set forth in the authorization shall be punished by a fine from 100 thousand to 300 thousand ALL.

2 – Anyone that exercises professional fishing without been registered in the register according to Article 12, shall be punished with a fine from 10 thousand to 50 thousand ALL.

3 – When a sailing means is used for professional fishing without been registered in the register of fishing means according to Articles 13, the owner or the captain of the sailing means shall be punished with a fine from 50 thousand to 200 thousand ALL.

4 – Anyone that exercises professional fishing without the use of sailing means and does not have a license according to Article 15 shall be punished with a fine from 100 thousand to one million ALL.

5 – When an Albanian sailing means used for professional fishing utilizing a handcrafted way and without license, the owner or captain of the sailing means shall be punished with a fine from 100 thousand to one million ALL.

6 – When a sailing means is used for professional fishing utilizing the industrial method without license according to Article 18, the owner or the captain of the sailing means shall be punished with a fine from 5 million to 10 million ALL.

7 – Anyone exercising professional fishing in contrary of the conditions determined in the license shall be punished with a fine from 500 thousand to one million ALL.

8 – Anyone fishing:

a) In areas and periods of time prohibited with by-laws in application of this law;

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

c) Water organisms of various species prohibited with by-laws in application of this law;

ç) Water organisms of the sizes prohibited with by-laws in application of this law;

d) In greater quantities than those fixed as the maximal quantities with by-laws in application of this law or by the issued license;

dh) Using prohibited submarine equipments shall be punished with a fine from 100 thousand to 3 million ALL.

9 – Anyone that fishes on its own larva and offspring of whatever water organism without authorization shall be punished with a fine from 100 thousand to 2 million ALL.

10 – Anyone that appropriates the fishing product of the third parties or in any other way violates provisions of Article 24, paragraph c, shall be punished with a fine from 5 thousand to 10 thousand

11 – Anyone that changes the quality or direction of waters in such a manner that damages the habitat of water organisms, except with authorization based on law, shall be punished with a fine from 100 thousand to 2 million ALL.

12 – Anyone that fishes corals and sponges shall be punished with a fine from 15 million to 20 million and with confiscation of the sailing means.

13 – Anyone that performs the sport fishing activity using a sailing means without having a license or in contrary with Article 23 shall be punished with a fine from 5 thousand to 10 thousand ALL.

14 – Anyone that gives an underwater gun to a person less than 16 years of age to fish, shall be punished with a fine from 5 thousand to 10 thousand ALL.

15 – Any holder of a professional or sport license that opposes to submit information required based on this law and by-laws for its application or submits unreal and false information shall be punished with a fine from 10 thousand to 50 thousand ALL.

16 – Anyone that exercises aquatic life activity without license or in contrary of conditions determined in the license shall be punished with a fine from 100 thousand to 500 thousand ALL.

17 – When a foreign ship exercises fishing activity in water of the Republic of Albania without license according to Article 23, or in contrary with conditions of the license, the owner or captain of the ship shall be punished with a fine from 25 million to 40 million ALL.

18 – Anyone that exercises activities related to fishing without respective authorization shall be punished with a fine from 100 thousand to 5 million ALL. When ship is used for such activity owner or captain of ship shall be punished.

19 – Anyone that does not accepts or obstructs inspections from control organs according to Article 34 or contradicts to present to the control organs the licenses or authorizations required based on this law and by-laws in its application, shall be punished with a fine from 100 thousand to 500 thousand ALL.

Anyone using explosives, chemical or poisoning matters, electrical energy capable of stun, paralyze or kill fishes and other water organisms as well as collects and transports these types of products shall be condemned in accordance with provisions of the Criminal Code

Article 40

Additional Sanctions

For above violations of the law shall be applied these additional sanctions:

a) Confiscation of fished products except in the case when this has been requested by the beneficiary according to the law;

b) Confiscation of means and equipments used in contrary with provisions of this law and with its deriving by-laws as well as confiscation of the ship or other sailing means;

c) Suspension of the license or authorization issued based on this law and rules for its application for a period not more than six (6) months and in cases of repetition of the same contravention the permanent suspension of these licenses.

ç) De-registration from the fishermen register for a period not more than six (6) months, or in case of repetition of the same contravention the permanent suspension of such registration;

d) In case of acknowledged entities of research, the status of an acknowledged research institution shall be removed.

Article 41

2 – For contraventions determined by this law, the State represented by the Minister shall have the right of indemnity.

Article 42

Civil Liability

The owner of the ship, the entrepreneur, the captain of the ship or the fishing and aquatic life subject shall be personally and legally liable for fines and administrative sanctions imposed to their assistants and subordinates in violations of this law.

Article 43

Review of Administrative Contraventions

1 – In taking decisions after review of administrative contraventions according to Article 39 and additional sanctions according to Article 40, the Minister shall establish a permanent commission in the ministry.

2 – The commission is made up of an odd number of persons and takes decisions with majority of votes after review of administrative contraventions in accordance with this law or by-laws for its application as well as for application of additional sanctions.

3 – The commission calls with prior notice guilty persons for committed contraventions based on the record according to article 37. The procedure of adjudication in front of the commission shall be conducted in accordance with law effective law “On administrative contraventions”.

Article 44

CHAPTER XI

FINAL PROVISIONS

Article 45

Article 46

Transitory Provision

The Ministry within three (3) months from entry into force of this shall enact a statute for its application.

Article 47