Law No. (14) of 1989 on organising the exploitation of marine resources

Law No. (14) of 1989

on organising the exploitation of marine resources

The General People’s Congress,

Upon review of:

• The Declaration on the Establishment of the Authority of the People;
• Law No. (9) of 1984 on organising the People’s Congresses;
• The Libyan Marine Law;
• Law No. (12) of 1959 on organising sponge fishing;
• Law No. (8) of 1962 on organising fishing;
• In implementation of the decrees of the Basic People’s Congresses in their second ordinary meeting of 1988, formulated by the General Forum of People’s Congresses and the People’s Committees, the “General People’s Congress,” in its fifteenth ordinary session from 25 Rajab to 2 Shaaban 1398 FDP, corresponding to 2-9 March 1989 AD;

the following Law was formulated:

Chapter (1)

Introductory Provisions

Article (1)

In this Law, the expression “exploitation of marine resources” shall mean the exploration, use, preservation, and management of organisms, including sedentary organisms, located in the seabed, overlying waters, and subsoil of marine areas subject to the sovereignty, sovereign rights, and jurisdiction of the Great Socialist People’s Libyan Arab Jamahiriya.

Article (2)

The competent bodies in the Great Jamahiriya shall have the right at any time to check and inspect foreign vessels and fishing boats that might be located in marine areas subject to its sovereign rights and jurisdiction.

If it is found that their presence was for the purpose of fishing or to conduct research on organisms without a licence or to pollute the area, it may bring the vessel or fishing boat and its crew to the nearest Libyan port, seize it, and institute judicial proceedings against it.

Article (3)

No natural person or legal entity may explore or use marine resources for commercial purposes except after obtaining a licence for such from the bodies set forth in this Law.

Foreign vessels and fishing boats may not explore or use marine resources except pursuant to an agreement to which the Great Jamahiriya is a party and after obtaining a license for such from the General People’s Committee for Marine Resources. Fishing shall be prohibited in berths, ports, and the sea lanes leading thereto.

Article (4)

The General People’s Committee for Marine Resources may bar fishing in certain areas by deeming them protected areas, whether for scientific or economic purposes, and it may bar the fishing of certain marine organisms in certain areas and at certain times.

Article (5)

Port and harbour locations for anchoring vessels and fishing ships shall be determined by a decree from the General People’s Committee for Marine Resources, which shall set out the following:

1. Port or harbour name.
2. Location and borders thereof.
3. Number and specifications of the vessels and fishing boats such can accommodate.
4. Management system.
5. Fees set for anchoring and use of its facilities and services.

Chapter (2)

Licensing Procedures

Article (6)

The General People’s Committee for Marine Resources shall solely perform registration procedures for vessels and fishing boats, inspect them, and verify they meet the requirements provided under this Law and the implementing regulations thereof. Fishing licenses shall not be granted to such vessels and fishing boats until the registration procedures and inspection have been completed.

Article (7)

License applications shall be submitted to the General People’s Committee for Marine Resources at the competent municipality. The license applicant must hold an Arab nationality and meet the requirements and conditions set out in the implementing regulations of this Law.

Article (8)

Fees to be collected for fishing licenses and the registration of vessels and ships shall be set out under a decree from the General People’s Committee for Marine Resources.

Article (9)

An individual license shall be issued for each vessel or boat, and the license shall state the maximum number of operating staff.

Article (10)

Without prejudice to the provisions set out in the Marine Law, vessels and fishing boats whose owners apply for licenses therefor shall be subject to the following provisions:

1. The vessel or boat’s seaworthiness, safety of its machinery, and availability of spare parts must be established.
2. A medical examination must be conducted on crew members and their physical fitness confirmed.
3. The vessel or boat must be fully insured against accidents and losses with an insurance company operating in the Great Jamahiriya.
4. Safety and sea rescue equipment must be available.

Article (11)

Licenses to engage in the profession of marine fishing shall be granted to persons each according to their specialization for a three-year period. Such license may be renewed provided the renewal application is submitted at least one month prior to the licence’s expiration.

Article (12)

The General People’s Committee for Marine Resources shall issue the executive decrees to regulate the times, areas, and methods of fishing.

Chapter (3)

License Requirements for Foreign Ships

Article (13)

Without prejudice to the legislation in force, licenses issued for foreign vessels and fishing boats shall be subject to the following provisions:

1. The vessel or boat must be licensed for fishing at the port of registration.
2. A certificate establishing the vessel or boat’s seaworthiness for fishing, the safety of its machinery, and satisfaction of all technical and health requirements must be submitted.
3. The vessel or boat must be fully insured with an insurance company operating in the Great Jamahiriya.
4. The vessel or ship owner must bear all fees and expenses related to the fishing license.
5. The crew must undergo a medical examination by the competent health bodies in the Great Jamahiriya.
6. A report on its trip, stating the fishing locations, quantities, and types, must be submitted.
7. The fishing manner, locations, and tools licensed for use must be specified.
8. The vessel or boat’s papers must be filed with the competent entities throughout the licence’s validity period.
1. The licensee shall not transport the catch from one boat to another at sea, except with prior permission from the body that issued the license.
10. A cash security must be submitted to ensure preservation of public installations and facilities and enforcement of the license terms.
11. The licensee shall unload the catch in the Libyan harbours or ports specified by the body that issued the license.

Article (14)

Foreign vessels and fishing boats and the crew thereof shall be subject to the legislation in force in the Great Jamahiriya related to the entry and exit of foreigners. These vessels and boats shall not be permitted to leave the licensed area without obtaining written permission from the General People’s Committee for Marine Resources.

Chapter (4)

Fishing Rules and Requirements

Article (15)

Fishing through the use of explosives, poisonous or narcotic substances, materials harmful to public health or the growth or reproduction of marine organisms, or in any other manner that is harmful to marine organisms without distinction shall be prohibited in the areas referred to in Article (1) of this Law.

Damage to seaweed and marine plants where marine organisms lay their eggs is also prohibited.

Article (16)

Regulations issued by the General People’s Committee for Marine Resources shall also govern the following:

1. The technical requirements that must be met for vessels or boats designed to use marine resources.
2. Specification of the tools and instruments that may be used when using marine resources.
3. Determine mesh capacity, types of nets, and the specifications thereof.
4. Determine the sizes of sponges and fish that may be fished.

Chapter (5)

Crew

Article (17)

Each vessel or boat must have an official captain. The implementing regulations of this Law shall state the requirements that must be met thereby and the duties and competencies thereof.

Article (18)

The General People’s Committee for Marine Resources in the municipality shall hold competence to reconcile any dispute related to fishing within the marine resource sector of the competent municipality. If it is unable to settle the dispute amicably, a report shall be drawn up on the matter and transferred within a week from the date the complaint was submitted to the competent court for ruling thereon. Cases shall not be admitted before such court unless this procedure was undertaken.

Article (19)

The vessel or fishing boat’s captain shall notify the General People’s Committee for Marine Resources in the municipality and the competent bodies of all accidents and losses that happen to the vessel or fishing boat immediately upon occurrence in order for the necessary procedures to be taken.

Article (20)

In the event of a person’s death aboard a vessel or ship, the body must be immediately transported to the nearest port or harbour and the official captain shall submit a detailed report on the circumstances and conditions of the death. The competent bodies shall order the vessel or boat be placed under suspension and guard to conduct the investigation, inspection, and examination to find out the causes of the death, and such shall not be allowed to sail except with permission from the Public Prosecution.

Chapter (6)

Penalties

Article (21)

Anyone who equips a foreign vessel or boat and the members of its crew, if it enters the regional waters of the Great Jamahiriya with the intention of marine fishing without a license from the competent bodies, shall be punishable with imprisonment for a period not less than six months and not more than two years, a fine not less than two thousand LYD and not more than five thousand LYD, or one of the two penalties. The presence of the foreign vessel or fishing boat in regional waters shall be deemed proof thereof unless the contrary is established.

The court shall rule to confiscate the vessel or boat and the fishing equipment, fish, sponges, and other marine products present thereon. The penalty shall be doubled in the event of recidivism.

Article (22)

Anyone who equips a foreign vessel or boat and the members of its crew shall be punishable with a fine not less than five thousand LYD and not more than ten thousand LYD. The tools, fishing equipment, navigational instruments, fish, sponge, and other marine products present thereon shall be confiscated if fishing occurred without a license in the areas subject to the sovereign rights and jurisdiction of the Great Jamahiriya.

A ruling shall be issued to confiscate the vessel or boat in the event of recidivism.

Article (23)

Anyone who violates Articles (3), (4), (13), and (19) of this Law shall be punishable with imprisonment for a period not less than one month and not more than six months, a fine not less than five hundred LYD and not more than two thousand LYD, or one of these two penalties.

Article (24)

Without prejudice to any more severe penalty provided under any other law, anyone who violates Articles (15) of this Law shall be punishable with imprisonment for a period not less than two years and a fine not less than five thousand and not more than ten thousand LYD. In the event of a conviction, the court may rule to confiscate the fishing means, tools, and equipment.

Article (25)

When issuing a conviction, the court may order suspension of the license for a period not exceeding one year, and the competent bodies may sequester the vessel or ship throughout the suspension period.

Article (26)

The General People’s Committee for Marine Resources may vest workers in the marine resources sector with the capacity of a judicial police officer and may, after approval by the General People’s Committee, grant this capacity to others in order to monitor the implementation of this Law and the regulations issued pursuant thereto.

Pursuant to a decree from the General People’s Committee for Marine Resources, financial remuneration may be granted to anyone who discovers or assists in the discovery of any of these offences and violations.

Article (27)

The General People’s Committee for Marine Resources shall issue the regulations and decrees necessary to implement this Law.

Article (28)

The aforementioned Law No. (12) of 1959 on sponge fishing and Law No. (8) of 1962 on organising fishing shall be repealed.

Article (29)

This Law shall enter into force from the date of its publication and shall be published in the Official Gazette and the various media.

The General People’s Congress – Libya

Issued on 29 Shawwal 1398 FDP

Corresponding to 3/6/1989 AD