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Decree-Law No. 278/87 establishing the legal framework governing fishing and mariculture activities in Portuguese territorial waters.

Country/Territory
Portugal
Document type
Legislation
Date
1987 (2019)
Source
FAO, FAOLEX
Original source
Diário da República Series I, No. 153/87, 7 July 1987, pp. 2639-2646.
Subject
Fisheries
Keyword
Basic legislation Marine fisheries Mariculture Enforcement/compliance Registration Offences/penalties Fishery management and conservation Fishing authorization Fishing gear/fishing method Fishing vessel Foreign fishing Authorization/permit
Geographical area
Europe, Europe and Central Asia, European Union Countries, North Atlantic, North-East Atlantic, Southern Europe
Entry into force notes
This Decree-Law enters into force 30 days after its publication.
Abstract

The Decree-Law, consisting of 36 articles divided into six Chapters, sets out the general framework enforced by the Rulemaking Decree No. 43/87. Chapter I, "General provisions", includes a series of definitions. Chapter II, "Fishing activities", firstly considers the respective fields of competence of the EC and Portugal (art. 3). The text sets out the general principles for the exercise of fishing activities. Article 6 states that access by foreign vessels to Portuguese waters is prohibited save for those EC countries, within the limits set by the Treaty of Accession of Portugal to the European Community. For countries outside the Community access is still possible, but at the discretion of the Portuguese authorities. Article 9 examines the conditions for the chartering of foreign vessels by nationals. This is only possible in cases where: 1) the foreign vessel replaces a vessel whose construction or modification has already been authorized; 2) the charter is used to experiment with new types of vessels or new types of fishing gear or techniques, or to explore new operating zones. In the above-mentioned cases the products will be considered to be of national origin (art. 9(2)) and the vessel thus chartered will comply with the legal provisions applicable to national vessels (art. 9(3)). The Decree-Law also provides for a quota system (art. 10). Chapter III concerns mariculture exclusively. Chapter IV establishes a system of statistical data and exchange of information, particularly between the central Government and the autonomous regions. Chapter V provides a detailed analysis of the actions and prosecutions that can be ordered following violation of fishery legislation. The different liabilities and penalties are also examined. Section III of chapter V is exclusively devoted to the legal procedures following the determination of violations. Article 28 examines various conservation measures and the cases in which they may be applied. The Decree Law then deals with the anticipated sale of goods seized (art. 29) and confirms that the goods may be confiscated as an additional penalty (art. 30) with an opportunity for appeal to the relevant court (art. 31). Lastly, chapter VI "Final provisions", covers the right to inspect vessels (art. 33), allocation of competencies and jurisdiction between the central Government and the autonomous regions (art. 34), as well as the repeal of previous laws (art. 35).

Full text
Portuguese
Website
dre.pt

References - Legislation

Amends

Decree-Law No. 265/72 regulating Port Authorities.

Legislation | Portugal | 1972

Keyword: Institution, Harbour, Registration, Navigation

Source: FAO, FAOLEX

Implemented by

Order No. 362-A/2013 approving the Development Plan for the longline fleet and creating the Portuguese Fisheries Committee to manage and optimize National quota exploitation.

Legislation | Portugal | 2013

Keyword: Marine fisheries, Allocation/quota, Fishery management and conservation, Fishing gear/fishing method, Marine fishes, Special fund, Institution

Source: FAO, FAOLEX

Decree No. 3/93 establishing necessary equipment to be kept on fishing vessels.

Legislation | Portugal | 1993

Keyword: Fishing vessel, Equipment

Source: FAO, FAOLEX

Decree No. 43/87 defining national measures for the conservation of living resources applicable to fishing activities in waters, whether marine or inland, under the sovereignty and jurisdiction of Portugal.

Legislation | Portugal | 1987

Keyword: Marine fisheries, Fishing gear/fishing method, Inland fisheries, Fishing vessel, Offences/penalties, Fishing authorization, Fishery management and conservation, Authorization/permit

Source: FAO, FAOLEX

Order No. 957/2001 establishing total allowable catch for 2001 of sword fish (Xiphias gladius).

Legislation | Portugal | 2001

Keyword: Total allowable catch, Marine fishes

Source: FAO, FAOLEX

Order No. 281-B/97 establishing specific restrictions for sardine fishing.

Legislation | Portugal | 1997

Keyword: Landing, Marine fishes, Fishing area, Allocation/quota, Seasons, Protected fishing area, Fishery management and conservation

Source: FAO, FAOLEX

Order No. 935-B/99 amending Order No. 281-B/97 (establishing restrictions for sardine fishing).

Legislation | Portugal | 1999

Keyword: Marine fishes, Fishing area, Fishery management and conservation

Source: FAO, FAOLEX

Order No. 114/2014 regulating activities of authorised National fishing vessels to protect ecosystem from the adverse impacts of fishing activity.

Legislation | Portugal | 2014

Keyword: Fishery management and conservation, Fishing area, Fishing vessel, Fishing gear/fishing method, Marine fisheries, Fish products, Registration, Biodiversity

Source: FAO, FAOLEX

Order No. 41-A/2017 establishing the closed season for the fishing for anchovy (Engraulis encrasicholus).

Legislation | Portugal | 2017

Keyword: Marine fisheries, Marine fishes, Allocation/quota, Protection of species, Fishery management and conservation

Source: FAO, FAOLEX

Order No. 90/2013 establishing sword fish quota caught with surface longline in Atlantic Ocean and Mediterranean Sea.

Legislation | Portugal | 2013

Keyword: Marine fisheries, Allocation/quota, Fishery management and conservation, Fishing area, Fishing gear/fishing method, Fishing authorization, Marine fishes, Protection of species, Authorization/permit

Source: FAO, FAOLEX

Order No. 89/2013 establishing quota restrictions in 2013 for sardine fishing (Scomber scombrus).

Legislation | Portugal | 2013

Keyword: Marine fisheries, Landing, Marine fishes, Fishing area, Allocation/quota, Seasons, Fishery management and conservation

Source: FAO, FAOLEX

Order No. 188-A/2014 establishing closed season for sardine fishing (Sardina pilchardus) in specific sectors.

Legislation | Portugal | 2014

Keyword: Fishery management and conservation, Marine fisheries, Seasons, Landing, Transport/storage, Transshipment

Source: FAO, FAOLEX

Order No. 20/2013 establishing closed fishing for specific fish species.

Legislation | Portugal | 2013

Keyword: Marine fisheries, Fishing gear/fishing method, Fishing area, Total allowable catch, Fishery management and conservation, Marine fishes, Seasons, Fishing authorization, Authorization/permit

Source: FAO, FAOLEX

Order No. 112/2020 approving for 2020 the Support Scheme Regulation for the Temporary Cessation of Fishing Activities of Multipurpose Vessels.

Legislation | Portugal | 2020

Keyword: Public health, Legal proceedings/administrative proceedings, Fishery management and conservation, Marine fisheries, Liability/compensation, Fishing gear/fishing method

Source: FAO, FAOLEX

Order No. 114/2020 approving for 2020 the Support Scheme Regulation for the Temporary Cessation of Seine Trawling Fishing.

Legislation | Portugal | 2020

Keyword: Public health, Legal proceedings/administrative proceedings, Fishery management and conservation, Marine fisheries, Liability/compensation, Fishing gear/fishing method

Source: FAO, FAOLEX

Order No. 113/2020 approving for 2020 the Support Scheme Regulation for the Temporary Cessation of Coastal Trawling Fishing Activities.

Legislation | Portugal | 2020

Keyword: Public health, Legal proceedings/administrative proceedings, Fishery management and conservation, Marine fisheries, Liability/compensation, Fishing gear/fishing method

Source: FAO, FAOLEX

Order No. 161/2017 establishing the management of fishing quotas for alfonsino fish species (Beryx spp.) allocated by European regulations to Portugal.

Legislation | Portugal | 2017

Keyword: Marine fisheries, Total allowable catch, Fishery management and conservation, Marine fishes, Seasons, Bycatch

Source: FAO, FAOLEX

Amended by

Decree-Law No. 383/98 amending Decree-Law No. 278/87 establishing offences for fisheries and mariculture illegal activity.

Legislation | Portugal | 1998

Keyword: Basic legislation, Marine fisheries, Mariculture, Enforcement/compliance, Registration, Offences/penalties, Fishery management and conservation, Fishing authorization, Fishing gear/fishing method, Fishing vessel, Inspection, Authorization/permit

Source: FAO, FAOLEX

Order No. 258-A/2014 establishing the re-opening of Alfonsinos fishing (Beryx spp.) to be carried out by the Portuguese fleet in the North Atlantic.

Legislation | Portugal | 2014

Keyword: Marine fisheries, Total allowable catch, Marine fishes, Seasons, Stock enhancement/repopulation, Legal proceedings/administrative proceedings, Fishery management and conservation

Source: FAO, FAOLEX

Decree-Law No. 10/2017 establishing a Community control system to ensure compliance with the rules of the Common Fisheries Policy.

Legislation | Portugal | 2017

Keyword: Marine fisheries, Fishery management and conservation, Enforcement/compliance, Inspection, Offences/penalties

Source: FAO, FAOLEX

Decree-Law No. 35/2019 establishing the sanction regime applied to the commercial maritime fishing activity.

Legislation | Portugal | 2019

Keyword: Offences/penalties, Foreign fishing, Marine fisheries, Inland fisheries, Fishing vessel, Navigation, Harbour, Inspection, Fishery management and conservation, Aquaculture, Mariculture

Source: FAO, FAOLEX

Decree-Law No. 40/2017 approving the legal regime for the installation and operation of aquaculture establishments in marine waters, including transitional waters, and inland waters, under the legislative authorization granted by Law No. 37/2016 of 15 December.

Legislation | Portugal | 2017

Keyword: Basic legislation, Aquaculture, Mariculture, Fishery management and conservation, Authorization/permit, Agricultural development, Protection of environment, Enforcement/compliance, Environmental standards, Freshwater pollution, Standards

Source: FAO, FAOLEX

Repealed by

Decree-Law No. 73/2020 approving the legal regime to perform the professional activity of commercial maritime fishing and the authorization, registration and licensing of fishing vessels used in such activity.

Legislation | Portugal | 2020

Keyword: Basic legislation, Marine fisheries, Mariculture, Enforcement/compliance, Registration, Offences/penalties, Fishery management and conservation, Fishing authorization, Fishing gear/fishing method, Fishing vessel, Foreign fishing, Aquaculture, Authorization/permit, Business/industry/corporations, Integrated management, Monitoring, Sustainable use

Source: FAO, FAOLEX