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.

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".