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

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).