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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.

Country/Territory
Portugal
Document type
Regulation
Date
1987
Source
FAO, FAOLEX
Original source
Diário da República No. 162/87, 17 July 1987, pp. 2814-2830.
Subject
Fisheries
Keyword
Marine fisheries Fishing gear/fishing method Inland fisheries Fishing vessel Offences/penalties Fishing authorization Fishery management and conservation Authorization/permit
Geographical area
Europe, Europe and Central Asia, European Union Countries, North Atlantic, North-East Atlantic, Southern Europe
Abstract

This Rulemaking Decree should be read in conjunction with Decree-Law No. 278/87. It was adopted in order to attain the objectives set by EC Regulation No. 3094/86. After section I, "General provisions", the Decree sets out (in section II) "Fishing in marine waters", the different fishing gear and methods authorized. The Decree authorizes ten types of gear, but the conditions of use vary according to the gear. Chapter X of section II examines in detail the way in which the presence of gear must be indicated, and chapter XI, "Common provisions", prohibits or strictly regulates the fishing of certain species (for example, crustaceans and molluscs) in conformity with article 5 of the EC Regulation. Section III regulates inland fisheries, providing in particular for the fishing of species smaller than the minimum size allowed by this Decree for aquaculture purposes (art. 56). Section IV, "Zones of operation, conditions and characteristics of vessels", introduces a classification of fishing vessels into: (a) local fishing craft (arts. 63 and 67), (b) coastal fishing vessels (arts. 64 and 68), (c) offshore fishing vessels (arts. 65 and 69). In section V, "The authorising and licensing system", the Decree provides the conditions for chartering foreign vessels (art. 72). The licensing system is more fully described in chapter II. The licence is annual (art. 74) and can only be granted after the fishing permit envisaged in articles 70, 72 and 73(2) has been obtained (art. 75(2)). Normally, the licence is renewed automatically (art. 76). The fishing vessels are obliged to keep a log-book of their activities with up-to-date information on: (a) the vessel's zones of operation; (b) the vessel's catch capacities; (c) the gear and other fishing instruments that the vessel is authorized to use. After section VI, "Contraventions", which lays down a scale of penalties (in US dollars), the Decree ends with section VII, "Final and transitory provisions".

Full text
Portuguese

References - Legislation

Implements

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

Legislation | Portugal | 1987 (2019)

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

Source: FAO, FAOLEX

Implemented by

Order No. 1243/92 prohibiting fishing with nets in waters less than a quarter mile from the coast.

Legislation | Portugal | 1992

Keyword: Marine fisheries, Mesh, Fishing vessel, Protected fishing area, Fishery management and conservation

Source: FAO, FAOLEX

Order No. 591/2004 on the capture of all bivalve shellfish species.

Legislation | Portugal | 2004

Keyword: Marine fisheries, Marine fishes, Fishing authorization, Authorization/permit, Fishery management and conservation

Source: FAO, FAOLEX

Order No. 27/2001 establishing minimum size for fish, crustaceans and molluscs.

Legislation | Portugal | 2001

Keyword: Size, Marine fishes, Crustaceans, Molluscs, Fishery management and conservation, Aquatic animals

Source: FAO, FAOLEX

Order No. 36/2001 regulating elver fishing for 2000-2001.

Legislation | Portugal | 2001

Keyword: Seasons, Diadromous fish, Fishing authorization, Fishery management and conservation, Aquatic animals, Authorization/permit

Source: FAO, FAOLEX

Order No. 281-D/97 prohibiting fishing activity within continental coastal areas.

Legislation | Portugal | 1997

Keyword: Marine fisheries, Marine fishes, Fishing area, Seasons, Protected fishing area, Fishing gear/fishing method, Coastal zone management, Fishery management and conservation

Source: FAO, FAOLEX

Order No. 1142/2004 on the permitted fishing period for specific vessels and for crustaceous’ capture.

Legislation | Portugal | 2004

Keyword: Marine fisheries, Marine fishes, Fishing authorization, Fishing gear/fishing method, Fishing vessel, Mesh, Size, Authorization/permit, Fishery management and conservation

Source: FAO, FAOLEX

Decree-Law No. 101/2013 amending Decree-Law No. 246/2000 on sport fishing.

Legislation | Portugal | 2013

Keyword: Marine fisheries, Non-commercial fishing, Fishing gear/fishing method, Aquatic animals, Fish products, Fishery management and conservation, Fishing authorization, Authorization/permit

Source: FAO, FAOLEX

Amended by

Regulamentary Decree No. 15/2007.

Legislation | Portugal | 2007

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. 785/91 amending article 39 of Decree No. 43/87 regulating the management of marine and freshwater resources in national territory.

Legislation | Portugal | 1991

Keyword: Marine fisheries, Inland fisheries, Mesh, Fishing gear/fishing method, Fishery management and conservation

Source: FAO, FAOLEX

Decree No. 7/2000 amending Decree No. 43/87 defining national measures for the conservation of living resources applicable to fishing activities.

Legislation | Portugal | 2000

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

Source: FAO, FAOLEX

Decree No. 16/2015 amending Decree No. 43/87 and Decree No. 14/2000, on the national measures for the conservation of living resources and requirements for the installation and operation of fish farming establishments.

Legislation | Portugal | 2015

Keyword: Marine fisheries, Inland fisheries, Fishing gear/fishing method, Mesh, Size, Fishing vessel, Concession, Fishing authorization, Fishery management and conservation, Authorization/permit

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