Decree-Law No. 55/2024 approving the legal regime for the first sale of fresh fish at auction.

This Decree-Law approves the legal regime for the first sale of fresh fish at auction, landed at national fishing ports and desembarking points. It regulates the first sale of fish, the management of the auction, inspection, as well as the administrative offense regime, under the General Regime for the management and regulation of fishing activities in national maritime waters and on the high seas, approved by Legislative Decree No. 2/2020 of 19 March. The current legal framework for the first sale of fish at auction is based on sustainable exploitation of fishery resources, anchored in a system that focuses on preventing, discouraging and eliminating illegal, unreported and unregulated fishing, establishing a control system for compliance with the national fisheries policy. This system takes into account the regulatory measures that allow for improving the functioning of the safe food chain, introducing new features that positively affect the marketing, traceability of fishery products, the formalization of contracts and, consequently, the functioning of the auctions. It guarantees free competition and competitiveness in the fishing sector, safeguarding the free circulation of products within the national territory and requiring only the requirements relating to the first sale.
Chapter I on General provisions, establishes that the Government Department responsible for the Fisheries sector is the competent authority for the implementation of the fisheries policy, the exclusive management of fisheries resources and the control, monitoring and surveillance of fishing activities; Chapter II specifies Fishing Management, adopting the fisheries management plan in national maritime waters, as the main instrument for the sustainable management, exploitation and development of the fisheries sector; Chapter III lists down all types of commercial fishing licensing: including industrial, semi-industrial and artisanal fishing; Chapter IV deals with Non-Commercial Fishing; Chapter V establishes Preservation and Conservation of Marine Resources; Chapter VI deals with Establishment of marine farming, processing and marketing of fishery products; Chapter VII specifies monitoring controls and inspections to be carried out; and Chapter VIII Final provisions. This Decree prohibits to capture, kill, remove or harm marine species that are threatened and protected by this Decree and other national legislation, as well as that are listed in Appendix 1 of CITES.