Concerning the land

SOME ADDITIONS AND CHANGES TO LAW NO. 7908

OF THE REPUBLIC OF ALBANIA

1. Change letter “b” as follows:

“b. To involve the communities of fishermen in the decision making process by instituting co-management of the fishing resources in the sectors of fishing and aquaculture.”

2. Add letter “g” after letter “f”, as follows:

“f”. to ensure the operation and management of the ports and fishing centers.
Article 2
Add the following letters after letter “j” as follows:

“k”. “Organization” means the Organization for Fishing Management created in accordance with Article 26 of the Civil Code of the Republic of Albania and article 31/1 of the same Law;

l) “Fishing port” means a port or harbor used for fishing including the unloading onto ground from fishing vessels of sea life; or a confine within a port used that together with the land, the buildings and corresponding infrastructure serve for fishing purposes.

m) “Fishing center” means a quay, sea bridge, mainland, damn, or platform in the sea or in the internal waters that is used for fishing purposes, including the unloading onto land of sea life from the sailing vessels, together with the land, the buildings and corresponding infrastructure.

n) “Co management zone” means a fishing zone designated in accordance with Article 31/14 of this present Law, in which at least one organization of fishing management participates in the management of fishing resources.

o) “Co-management plan” means a plan for the management of the co-management fishing zone prepared in accordance with the provisions of point 3 of article 31/15 of this Law.”

“The maximum number of fishing and aquaculture licenses issued for a given co-management zone is defined in the relevant co-management plan”.

“with the exception of co-management zones for which issuance of fishing licenses is regulated in the context of the co-management plan”.

“4. License for fishing in a co-management area must be in accordance with the requirement of the respective co-management plan”.

“f) when underwater fusils, together with breathing accessories, are used.

“g) In the protected marine zones”.
Article 7
Add the following paragraph at the end of point 1 of Article 31:

“Agreements may not be concluded for geographic areas designated as co-management zones, for the same kind of fishing activity”.

FISHING MANAGEMENT ORGANIZATIONS

Organizations for management of fishing

1. Organizations for fishing management represent legal entities created in accordance with Article 26 of the Civil Code for purposes of carrying out activities in the fishing sector as provided by this present Law. The Organizations for Fishing Management have their own independent budget funded by membership fees, donations and revenue from their activity as stipulated by this Law. Surplus revenue over and above cost may not be distributed among the members of the organization, but may be used for purposes of attaining the organization’s goals.

2. The constituting meeting of the organization endorses the statute of the organization, based on the prototype, and elects its leading structures. The statute must have the express approval of at least half of the owner members participating in the constituting meeting. The draft statute of the organization is subject to approval by the Minister. The ordinance on statute approval together with a copy of the Statute must be published in the “Official Gazette”.

3. The legal status of the Fishing Management Organization becomes effective after the publishing of the Minister’s ordinance on stature approval in the Official Gazette.

4. The organization for fishing management will:

a) manage one port or fishing center as per Chapter VII/II of this Law;

b) participate in the co-management of the fishing sources in accordance with Chapter VII/III of this Law;

5. No more than one organization of fishing management may be created for one port or fishing center.

2. Owner member can be every holder of a professional license for a duly registered sailing vessel. Non-owner member can be every active captain, engineer or fisherman with over two years experience in fishing activities.

3. Owner members are entitled to three fifths of the total number of votes of the organization; the remainder of votes will go to the non-owner members.
Article 31/3
Leading structures of the organization
Every fishing management organization has its general assembly, the administrative council and other leading structures as may be prescribed in its Statute.
Article 31/4
General Assembly
1. The general assembly is the main decision making structure of the organization that meets at least once a year in its general annual meeting.

2. Extraordinary meetings of the general assembly may be called by the administrative council at its own discretion, or upon the written request of those representing at least 10 per cent of the total number of votes; or however the Statute may prescribe.

3. The general assembly has exclusive authority over the following issues:

a) reviewing of accounts, annual report, budget and maintenance and operations plan;

b) reviewing of proposed additions in the Statute, internal regulations and fines for violation of such regulations;

c) election of the Administrative Council;

ç) decision to dissolve the organization;

d) other issues as may be prescribed in the Statute.

4. Despite cases of owner members possessing more than one boat the statute should stipulate that owner members might not hold more than 2/5 of the votes of the non-owner members.

5. A member is entitled to vote in the meetings of the general assembly provided he has complied with every financial obligation due to the organization.

2. Members of the Administrative Council are elected by secret voting in the general assembly for a four-year term. A member of the Administrative Council that has served his term may run for re-election. Members with financial liabilities to the organization may not run for election in the administrative council.

3. The administrative council has the following tasks:

a. submits the request for the meeting of the general assembly;

b. prepares the draft budget, the plan of operations, the plan of management zone utilization and maintenance for submission to the general assembly;

c. awards contracts in accordance with the budget, the plan of operations and the plan of utilization and maintenance;

d. nominates and discharges the organization’s staff;

e. prepares the agenda for the meeting of the general assembly;

f. prepares internal regulation of the organization;

g. monitors the work of the organization;

h. ensures the implementation of the organization’s financial and administrative rules;

i. handles any other issues as may be prescribed by the Statute.

4. Meetings of the Administrative Council are held every month or as may be prescribed in the Statute, with the request of the Council Chair or of 1/3 of the members of the administrative council.

5. In the event of suspension of the administrative council as stipulated in article 31/7, of this Law, the Minister appoints a transitory leader to ensure the smooth operation of the organization until such time as the next meeting of the General Assembly where election of a new administrative council takes place.

6. The transitory leader, in addition to the daily routine, in accordance with point 3 of this Article, calls the next meeting of the General Assembly.

Article 31/6
Statute
1. The statute of the organization should contain at least:

a. name and seat of the organization;

b. regulations of the general assembly, the administrative council or other structures;

c. duties and rights of the members of the organization, the right to vote and membership fees;

d. manner of control of the activities of the organization;

e. resignation and ousting of the members and sanctions for violation of the statute.

f. manner of dissolution and liquidation of the organization.

2. The Statute may contain other provisions, specific to every organization, but in any case, within the scope of goals set by this law.

3. For changes in the Statute, the same manner applies as in the case of its approval.
Article 31/7
Monitoring Committee
1. A monitoring Committee of 7 members is set up at the Ministry of Agriculture and Food to report to the Minister on the activity of the Fishing Management Organizations and the co-management of fishing resources. Members of this Committee will be from among the staff of the Ministry of Agriculture and Food.

The Minister sets the regulations for the operations of this Committee.

2. Every organization is obligated to keep its financial books and accounts in accordance with effective legislation. Within 60 days from the closure of the financial year, the organization is obligated to deposit one copy of such books and accounts with the Monitoring Committee.

3. The monitoring committee, in the event of detecting financial abuse or finding that the Organization has not observed the law, notifies the administrative council, which immediately calls the general assembly meeting to put before this assembly the findings of the monitoring committee. In the event of the Administrative Council not calling the meeting of the general assembly within 30 days, the Monitoring Committee is entitled to suspend the Administrative Council.

2. The register must record the following information:

a. name of the organization;

b. principal seat of the organization;

c. number of the members of the organization;

d. names, addresses, telephone numbers of the members of the administrative council and Chairperson of every organization;

e. date of submission of last year accounts and copy of such accounts.
Article 31/9
Control over the activity of the organization
The activity of the organization and its documentation is subject to control by the specialized structure of the Ministry of Agriculture and Food and other structures as stipulated by effective legislation of the Republic of Albania.
Article 31/10
Dissolution of the organization
1. The Minister effectuates the dissolution of the organization in the following cases:

a. When so proposed by the general assembly. This decision by the general assembly requires 2/3 of the votes of the members of the organization.

b. When control structures find that the organization has been ignoring its mission or is not capable of implementing its duties.

2. The Minister accords 30 days to the organization to solve its problems prior to exercising his right to dissolution as stipulated by letter “b”, point 1 of this article. The dissolution order is published in the Official Gazette.

3. Upon dissolution order, the organization terminates its activity and is subjected to liquidation by the liquidation commission that is set up and operates in accordance with the rules enshrined in the prototype statute.

4. The Organization is entitled to appeal the dissolution order in court within 30 days from the date of this order’s taking effect.

Article 31/11

2. Leasing a port or a fishing center and/or structures related to the fishing activity to a Fishing Management Organization is subject to the following criteria:

a. Non-alteration of destination and purpose;

b. Guarantees that the port or fishing center will pass into Government hands in the event of extreme situations;

c. Protection and warranty of public interest;

d. Maintenance and maximization of value.

3. Types of agreement together with conditions for use of ports and fishing centers and/or structures related to the fishing activity are subject to approval by decision of the Council of Ministers.

4. Governmental bodies authorized by law are entitled to inspect the transferred infrastructure and relevant documentation in accordance with the provisions of this law

a. the administrators of the port or the fishing center must cover the costs of utilization and maintenance;

b. the port or fishing center must be used fairly and equitably to promote and protect the interests of users;

c. the port or fishing center is administered in a rational manner, as required by effective legislation, to ensure environment protection and sustainable development.

a. every sailing vessel in possession or in control of a person that is not a member of the organization, to use the facilities of the port or of the fishing center transferred to the Fishing Management Organization.

b. any person, not a member to the organization, to enter the port or the fishing center.

2. Persons that enter or utilize a port or fishing center transferred to an organization to which they are not a member, must act in accordance with the laws and by laws governing the activity of the port or the fishing center and must honor the regulations of the organization.

3. Applicable fees for services offered to sailing vessels in possession or in control of a person that is not a member to the organization, are higher than taxes for sailing vessels of its members, but in any case not higher than double the amount exerted from its members.

4. Level of fees is subject to proposal by the organization and approval by the Minister.

2. Fishing management organizations, involved in a co management zone, partici-pate in the preparation and implementation of the zone’s co-management plan.

a) to encourage utilization of resources in accordance with sustainable development by guaranteeing at the same time, maintenance of such resources at levels that ensure the satisfaction of present and future needs.

b) to preserve and conserve the quality and biological variety of fishing resources;

c) to encourage the use of technology appropriate for fishing;

d) to avoid overstepping fishing capacities.

Within 12 months from the date of the designation of the co-management zone, the respective organization and the Fishing Directorate prepare the co-management fishing plan for this particular zone, which is subject to approval by the Minister.

3. Co-management draft plans are designed jointly by the Fishing Directorate and the respective organization in accordance with the regulations issued jointly by the Ministry of Agriculture and Food, the Ministry of Environment and the local Advisory Commissions on Fishing and Aquaculture.

4. Upon signature, co-management plans are published in the Official Gazette and in one of the journals appearing in the area of the co-management zone.

a) contain an analysis of the fishing situation in the co-management zone;

b) identify short, medium and long-term objectives to be attained in order to ensure sustainable and fruitful management of fishing in the co-management zone;

c) define recommended measures for management and development strategies to implement such measures;

d) identify funding sources relative to the costs incurred by the implementation of these management measures;

e) contain indicators and benchmarks in order to enable evaluation of implementation and effectuation of adjustments to ensure productivity;

e) comply with the national plan for fishing management.

2. A co-management plan related to a co-management zone involving two or more organizations must describe in detail cooperation mechanisms among these organizations.

(a) no one engages in fishing activity or in professional fishing in the territory of the co-management zone that is not a member of the respective co-management organization;

b) no-one engages in fishing activity with special equipment or technique that is not a member of the respective co-management organization.

2. Relative to cases described in point 1:

a) Holders of professional fishing licenses will continue to have the right to engage in fishing activity for a period of one year following entrance into force of the co-management plan.

Subsequent to this period they must become owner members or terminate fishing activity in the co-management area.

b) New owner members that on the date of entrance into force of this law do not hold professional fishing licenses will be accepted in the organization on the basis of respectively developed criteria and in accordance with the terms of the co-management plan.
Article 31/18
Licensing with respect to co-management zones
Co-management plans must ensure the implementation of provisions of article 15 in the relevant zone and must also provide for the manner and degree of involvement of the organization or organizations in issuing licenses and implementing license terms and conditions.
Article 31/19
Monitoring and review
1. The Commission for Coordination of Scientific and Technological Research may at any time request to review a co-management fishing plan, in circumstances when:

a) the plan has not been properly and productively followed;

b) the implementation of the plan threatens fishing resources in the co-management zone;

c) it is a cause of serious conflict among members.

2. The Minister, if noting that fishing reserves and/or water zones are under threat:

a) Orders modification of the existing co-management plan and/or the method of its implementation and/or the implementation duty itself.

b) Orders special measures in relation to the implementation or the obligation to implement the existing co-management plan.

c) Terminates the implementation of the existing co-management plan;

d) Rebuts the existing co-management plan.

3. In the event of a co-management plan being terminated or rebutted, simultaneously with the rebuttal the Minister defines a new management regime appropriate for this type of fishing and issues new regulation obligatory for implementation.”

“q) procedures for creation of the organization including types and content of statutes;

r) books, registers kept by the organization and financial procedures;

s) the work of the Monitoring Committee and control proceedings;

t) creation and operation of the Monitoring Committee, including register and book keeping by Fishing Management Organizations and control proceedings to be followed;

u) the manner of utilization of ports and fishing centers transferred to organizations”.