Nghe An tightens regulations on licensing for building new, modifying, or leasing/purchasing fishing vessels.
In order to tighten control over the fishing fleet and have the EC's yellow card lifted soon, on November 7th, the People's Committee of Nghe An province issued Decision No. 49/2024/QD on licensing the construction, modification, or leasing and purchase of fishing vessels in the province.
Specifically, Nghe An province stated that the principle for approving the construction, modification, leasing, and purchase of fishing vessels operating at sea must be consistent with the quotas for marine fisheries licenses assigned by the Ministry of Agriculture and Rural Development and announced by the Provincial People's Committee. The development of trawling and gillnet fishing vessels for tuna harvesting will be discouraged, and the number will be gradually reduced. Priority will be given to converting to longline fishing and related support services for fishing, contributing to sustainable fisheries development. The review of applications for approval to construct, modify, lease, or purchase fishing vessels operating at sea must be conducted openly and transparently, following the established review process.
AccordinglyFor newly built, modified, or leased/purchased fishing vessels:
ButFor newly built fishing vessels:Organizations must have a business registration certificate issued by the competent authority of Nghe An province; individuals must have permanent residence registration in Nghe An province. Registration for fishing activities must comply with the regulations in the Circulars of the Minister of Agriculture and Rural Development guiding the protection and development of aquatic resources; and amendments and supplements to some Circulars in the field of fisheries. For the construction of new fishing vessels with a maximum length (Lmax) of 12 meters or more, the technical design documents for the new fishing vessel must be appraised and approved by the competent authority before applying for approval. The hull materials are prioritized in the following order: steel hull, new material hull, and wood hull. New construction of fishing vessels engaged in trawling or gillnet fishing for tuna will not be approved.
ButFor converted fishing vesselsFor fishing vessels with a maximum length (Lmax) of 12 meters or more, a technical design plan for the conversion must be reviewed and approved by the competent authority before applying for approval. Conversions from other fishing methods to trawling or gillnet fishing for tuna are not permitted; conversions of maximum length (Lmax) of fishing vessels 12 meters or more to less than 12 meters are also not approved. For trawling vessels, changes to hull dimensions, main engine power, or operating area are not permitted; if a trawling vessel is converted to another method, it must comply with the published fishing license quota.
ButFor chartered or purchased vesselsCompliance with regulations for newly built vessels is required. Leased or purchased fishing vessels must be registered and inspected in accordance with the Circulars of the Ministry of Agriculture and Rural Development regulating fishing vessel inspectors, the recognition of fishing vessel inspection facilities; ensuring the technical safety of fishing vessels and fisheries inspection vessels; registration of fishing vessels and fisheries service vessels; deregistration and marking of fishing vessels; and Circulars amending and supplementing several Circulars in the fisheries sector. The hull age must not exceed 15 years from the year of construction to the time of leasing or purchasing. Leased or purchased fishing vessels used for trawling or gillnet fishing for tuna are not permitted. In the case of leased or purchased fishing vessels from other provinces, they must have a maximum length of 15 meters or more and comply with the quota for fisheries exploitation licenses announced by the Ministry of Agriculture and Rural Development.
Criteria and prioritiesIn cases where multiple organizations or individuals meet the above criteria exceeding the quota for fishing licenses, additional criteria will be considered in order of priority. Specifically, priority 1 is granting approval for the construction, modification, leasing, or purchase of replacement vessels for fishing vessels currently in operation that have been involved in accidents, damaged, sunk, or forced to be scrapped or dismantled. Priority 2 is then granted in the following order: newly constructed vessels (steel hull, new material hull, wooden hull), modified vessels, and finally leased or purchased vessels.
Priority 3 is for newly built replacement vessels with the longest length (Lmax) and a larger main engine power than the vessel being replaced. Priority 4 is applied in the following order: vessels mobilized to protect sovereignty and sovereign rights over sea areas and islands; vessels that have participated in search and rescue operations at sea organized by competent state agencies; and vessels that are the leaders of fisheries cooperatives, or the captains of fishing fleets and logistics teams for exploiting marine resources at sea. Finally, Priority 5 is the registration date in the order in which the vessel owner submits the application for approval to build, modify, lease, or purchase a fishing vessel.
Implementation organization:In the aforementioned Decision, the Provincial People's Committee assigned the Department of Agriculture and Rural Development to advise the Provincial People's Committee on the announcement of quotas for granting fishing licenses at sea based on the quotas announced and allocated by the Ministry of Agriculture and Rural Development; and to periodically report on the situation of building, modifying, leasing, and purchasing fishing vessels to the Provincial People's Committee for submission to the Ministry. At the same time, it assigned the Provincial Fisheries and Fisheries Inspection Sub-Department to disseminate information and guide relevant organizations and individuals to comply with the regulations.
Relevant departments and agencies, within their respective responsibilities and authority, shall coordinate with the Department of Agriculture and Rural Development to organize the dissemination and full implementation of the contents of this regulation and related documents.
The Provincial Border Guard Command directs coastal border guard stations to organize patrols, inspections, and controls in waters under their management regarding fishing vessels, and to coordinate with relevant units to promptly prevent and handle any fishing vessels operating in violation of regulations.
The People's Committees of coastal districts, cities, and towns shall organize the dissemination and promotion of this regulation to relevant organizations and individuals for their awareness and implementation; coordinate with the Department of Agriculture and other relevant departments and agencies to manage and supervise the transfer of fishing vessels entering and leaving the province in accordance with regulations. Organizations and individuals building, modifying, leasing, or purchasing fishing vessels may only do so after obtaining approval from the competent authority and must comply with all approved contents.
This Decision takes effect from November 17, 2024, replacing Decisions No. 18/2020/QD-UBND and No. 39/2022/QD-UBND amending and supplementing some articles of Decision 18/2020/QD-UBND of the Provincial People's Committee which stipulate similar provisions on this matter.
