Act No. 3/90 approving the Fisheries Act.

This Act represents the new framework text for fisheries. Its 6 Titles and 73 sections aim to orient the activities of the fisheries administration and operators. The Act applies to all vessels operating in waters under Mozambican jurisdiction and all Mozambican vessels engaged on the high seas or in the national waters of third party States (sect. 2). The Act categorizes 6 types of fisheries in accordance with their purpose, but leaves their definition to the regulatory level (sect. 3). The 6 types are: (a) subsistence fisheries; (b) artisanal fisheries; (c) semi-industrial fisheries; (d) industrial fisheries; (e) scientific and research fisheries; (f) leisure fisheries. Title II, Fisheries management and administration, is one of the key Titles in the new text. Its first chapter lays down the general principles of fisheries management, which can be summarized as follows: the Council of Ministers defines the general orientation of the fisheries sector (sect. 6). It must in particular: (i) establish local fishery administration bodies (sect. 6); (ii) promote the formulation of fishery development plans (sect. 8); (iii) promote the negotiation and conclusion of (especially regional) fisheries cooperation agreements (sect. 7). These responsibilities can, however, be delegated to the Secretariat of State for Fisheries (sect. 69); The Secretariat of State Fisheries is charged with: (i) foreseeing and settling fishing disputes (sect. 11); (ii) defining aquaculture management and development policies (sect. 12); (iii) administering and managing inland fisheries (sect. 13); (iv) authorizing the installation of fishery processing plants (sect. 15).
Chapter II of Title II deals excsh usively with the legal regime for fishing permits. The Act establishes the following general principles: only subsistence fishing may be undertaken without a permit (sect. 16(3)); a permit is not transferable without authorization (sect. 17); only the Secretariat of State for Fisheries may issue fishing permits (sect. 18); a permit has a maximum validity of one year (sect. 21). The construction of any new Mozambican fishing vessel is subject to the authorization of the Secretariat of State for Fisheries (sect. 29(4)). This authorization is distinct from, and without prejudice to, the fishing permit (sect. 29(3)). Foreign fishing vessels may only operate, in principle, within the framework of a fishing agreement (sect. 32(1)) or a contract (sect. 33), unless with special permission (sect. 32(3)). Foreign fishing vessels are not allowed to fish in territorial waters (12 nautical miles) (sect. 34(2)) but the Secretariat of State for Fisheries may grant special permits for specific operation (sect. 34(3)(a)) or for research or scientific fishing activities (sect. 34(3)(b)).
Titles III and IV concern the conservation of fisheries resources and the quality of fish products. The following Title, Control of fishing operations, is one of the cornerstones of the new law.
It is subdivided into 3 chapters on general principles (Chap. I), Offences and penalties (II); Administrative and judicial procedures (III). Chapter I begins by stipulating that the Secretariat of State for Fisheries has exclusive authority for the control of fishery operations. However, the Secretariat may delegate this authority to other agencies and establish appropriate cooperation mechanisms with other administrations (sect. 41). The Act then goes on to determine the responsible officers and their powers (sects. 42 and 43). To safeguard fishing interests, the text specifies that routine inspections should not, as far as possible, encroach on normal fishing activities (sect. 44). In contrast, the Act reiterates the right of hot pursuit of vessels committing an offence (sect. 45). Also, in compliance with the provisions of the United Nations Convention on the Law of the Sea, the Secretariat of State for Fisheries must immediately inform the relevant bodies when a foreign vessel is apprehended. Chapter II lists fishing offences according to their nature and seriousness. Specific fishing offences are punishable by fine or by the confiscation of the fishing gear and/or catch. The setting of the fine is left to the Secretariat of State for Fisheries so that it may reflect the particular circumstance (sect. 58). The Title concludes with a chapter on the bodies empowered to set the penalties.
The Law establishes the administrative nature of penalties by authorizing the Secretariat of State for Fisheries to apply all the penalties envisaged by the Law or its implementing regulations (sect. 60). However, any penalty so set may be disputed in court (sect. 61). The Act concludes with Title VI, Miscellaneous, transitory and final provisions. Section 66 is particularly noteworthy, as it establishes State responsibility in the event of damages to vessel owners from fisheries control activities, and especially from unwarranted immobilization. The Act prescribes that in such situations the vessel owner shall be awarded compensation in the form of fishing rights. This provision aims at limiting possible abuses of power on the part of any authority.