Albania
| Capital | Tirana |
| Official language | Albanian |
| Area | Western Balkans |
| Maritime area | Adriatic Sea (Area 37, GSA 18) |
| GFCM reference institutions involved in the fisheries and aquaculture sectors | Ministry of Agriculture and Rural Development |
| Number of operating vessels | - Marine Fishery: 720 vessels (Total)
- Small Scale Fishery: 495 vessels (69%) |
| Number of workers/Percentage | - Fishery: 3 510/100%
Marine Coastal - 1 100 workers Inland Waters - 1 410 workers Marine Deep-Sea 1 000 workers- Aquaculture: 620 workers |
| Average fish production in tonnes | - Fishery 7 810 (Total Marine and Inland Waters)
- 4 520 tonnes Marine Fishery - 2 840 tonnes Inland Waters Fishery - 440 tonnes Marine SSF Fisheries - Aquaculture: 9 000 tonnes |
| Total fish production | - Fisheries 7810 (Total Marine and Inland Waters)
- Aquaculture (number of fish farms): 9 000 (46 farms) |
| Trade of fish product (imports and exports) in tonnes / in value (€) | - Import 25 635 tonnes € 82,18 million
- Export 16 332 tonnes € 104,2 million |
| Top 5 most important species | - Fisheries: European anchovy, European pilchard (sardine), red mullet, European hake, deep-water rose shrimp
- Aquaculture: seabream, seabass, rainbow trout, Mediterranean mussel |
Source: Ministry of Agriculture and Rural Developmnet 2021.
BACKGROUND INFORMATION
Historical background
Beginning in the 1920s, especially during the reign of the Zogu government, data on fishing activities in Albania became more comprehensive. That data was accompanied by documents on issues such as the utilization of water resources for fisheries and the provision of benefits for fisheries for domestic and foreign legal entities.
In the 1930s, fisheries were regulated centrally by the Ministry of Finance and locally by the local governments in charge of domestic waters. The Ministry of Finance divided the fishing region of Albania into several districts and fishing rights were auctioned off for each zone. The Albanian government adopted several important laws regarding the use of these waters for fishing, in addition to the concession law. The concession law allowed for the use, for a limited period of time, of aquatic ecosystems for the fishing and marketing of products by private companies. It included rules on the operators’ financial obligations to the state, fishers in the adjacent territory, hydraulic structures that should be created to serve the lagoon and canals, types of fisheries allowed, such as a V-shaped fixed trap ("lavorieri"), etc.
Between 1948 and 1952, fishing was concentrated in natural lakes and coastal lagoons, while marine fishing was very limited, only occurring on small vessels without an engine in the areas of Durres, Vlore, Shenjin and Saranda.
The first fishing cooperative was founded in 1947 in Durres. It was followed by cooperatives in Shkodra, Narta, Lezhë, Prespe and other cities, around coastal lagoons and inland fisheries.
Marine fisheries originated in the late 1950s and consisted mainly of fishing vessels with a capacity of 80, 140, and 200 horsepower (hp). All of them were ship seiners intended for fishing sardines in the Adriatic. The first trawlers (300 hp) appeared in the early 1960s. In 1958, the first technical regulation for fishing activities was adopted. In 1967, the first metal fishing vessel with a capacity of 80 hp was manufactured at a shipyard in Durres. In 1971, the first vessel with a capacity of 408 hp was produced, followed by two vessels with a capacity of 575 hp, mainly for bottom trawling. In the 1970s, the Albanian fishing fleet consisted of 75 trawlers and a purse seiner.
The first fisheries law was introduced by Decree 4293 on fisheries of 31 July 1967, which was repealed by Law 6071 of 25 December 1979. It establishes fisheries in the territorial and inland waters of Albania and consists of the following 10 articles:
| Contents of Decree 4293 on fisheries of 31 July 1967 | |
|---|---|
| Article 1 | proclaims the Albanian ownership on its water resources in territorial and inland waters |
| Article 2 | defines the institutions responsible for the management and organization of fisheries |
| Article 3 | lists the rights of the institutions referred to in Article 2. Commercial fishing and the collection of mussels are subject to individual authorization |
| Article 4 | proclaims the free fishing |
| Article 5 | excludes foreign individuals and organizations from the practice of commercial fishing in the Albanian territorial and inland waters |
| Article 6 | governs fishing activities of fish stocks |
| Article 7 | relates to the authority to control authorized inspectors |
| Article 8 | describes crimes and fines |
| Article 9 | repeals the Decree 4293 “On Fisheries” of 31 July 1967 |
| Article 10 | sets the effective date of this law |
In 1975, another fisheries regulation was developed, which also includes the technical elements of marine fishing.
In support of the development of aquaculture, the government approved a Regulation on the development of trout farming in June 1979, and another one (Regulation No. 103) on the development of carp aquaculture in 1986. These were planning Regulations rather than technical ones.
The current Albanian fisheries legislation began with the adoption of Law No. 7908 on fishery and aquaculture 1995, based on the principles of the Code of Conduct for Responsible Fisheries of the Food and Agriculture Organization of the United Nations (FAO). Law No. 7908 on fishery and aquaculture 1995 was amended by:
- Law No. 8870 amending Law No. 7908 of 1995 on fishery and aquaculture. These amendments aimed at introducing the concepts of co-management and fisheries management organizations;
- Law No. 10.001 amending and supplementing Law No. 7.908 of 1995 on fisheries and aquaculture.
These new Laws stipulate that the number of fishing licenses issued is to be determined by the government in accordance with fisheries management plans. Fishing vessels must be licensed by the Minister of Agriculture and Rural Development after approval by the Council of Ministers. The right to fish in inland waters is awarded through an open competition. For fishing areas managed by fishing organizations, contracts must be signed with the relevant organizations.
The development of the fishing sector, Albania’s commitment to participate in regional fisheries management organizations (RFMO), and its orientation towards the European Union (EU) required a new legal framework. This framework had to be in accordance with Albania's obligations to regional organizations and the convergence of national legislation with the EU legislation. Two separate laws were developed developed as a result: Law No. 64/2012 on fisheries and Law No. 103/2016 on aquaculture. Law No. 64/2012 on fisheries was adopted by the parliament on 31 May 2012; it was developed with the support of the EU, and mainly complies with relevant EU Regulations (Council Regulation (EC) No 1224/2009, Council Regulation (EC) No 1967/2006, Council Regulation (EC) No 1005/2008, Council Regulation (EC) No 199/2008), as well as with the relevant GFCM recommendations (GFCM/29/2005/1, GFCM/33/2009/8, GFCM/33/2009/7, GFCM/33/2009/2, GFCM/34/2010/2, GFCM/35/2011/4, GFCM/35/2011/5, GFCM/36/2012/2, GFCM/36/2012/3).
Since then, Law No. 64/2012 on fisheries has been amended in order to define the roles and responsibilities of fish inspectors and observers and the relationship between them (Law 80/2017 amending and supplementing Law 64/2012 on fishery, as amended), as well as the organization and support of small-scale fisheries (Law 4/2019), and also establishing a fleet management regime (Law 42/2020).
For the full implementation of the Law No. 64/2012 on fisheries, the following relevant legal acts were adopted:
Albania adopted the National Fisheries Strategy in DCM No. 701 of 12 October 2016, DCM No. 719 of 12 October 2016 on the management of the commercial fishery capacities and some improvements concerning the functioning of the fishery boats register, and DCM No. 652 of 10 November 2017 on the abolition of VAT on fishing gear, mechanical and electronic equipment on board fishing vessels.
The hierarchy of laws determining the importance of each legal act within the Albanian legal system is:
- Constitution
- International agreements
- Laws and decisions of the government
- Decisions of the Council of Ministers
- Ministerial orders, Regulations
Participation in international treaties, including membership in relevant regional fisheries management organizations
Albania gives utmost importance to the United Nations (UN) and all major issues on its agenda. Albania has ratified almost all conventions addressing the protection of the marine environment and living marine resources and has become a member of a number of international organizations in this field.
As a member of the FAO, Albania signed the Agreement establishing the General Fisheries Commission for the Mediterranean (GFCM) and has become a member of the GFCM on 10 April 1991. On 31 March 2008, Albania signed the agreement of the International Commission for the conservation of Atlantic Tunas (ICCAT).
| General Fisheries Commission for the Mediterranean (GFCM) of the FAO | 10 April 1991 |
| International Commission for the Conservation of Atlantic Tunas (ICCAT) | 31 March 2008 |
National maritime delimitations
The Albanian coastal area is located in the south-eastern part of the Adriatic Sea and in the north-eastern part of the Ionian Sea; its length is about 427 km, 273 km of which belong to the Adriatic part and 154 km to the Ionian part. Territorial waters extend 12 nautical miles (nm) offshore and include a wide range of water depths and substrate conditions.
There is an Agreement between Albania and Italy for the determination of the continental shelf of each of the two countries, 18 December 1992 in place (in Italian).
Social Protection for the fisheries and aquaculture sector
Poverty alleviation policy, creating conditions for individuals, families and children in difficult situations to cope with the effects of poverty, vulnerability and exclusion is a key priority of the National Social Protection Strategy 2020–2023 (Approved by Decision No. 866, dated 24.12.2019 "On the approval of the National Social Protection Strategy, 2020-2023, and the action plan for its implementation"). The Ministry of Health and Social Protection (MSHMS) is the institution responsible for the development of Social Protection policies in the Republic of Albania.
This document aims to review and consolidate the current Social Protection strategy, as part of the National Strategy for Development and Integration (NSDI 2015-2020), extending its time frame until 2023.
The Social Protection strategy provide the principles of a modern social protection system. The strategy reflects the commitments of the Albanian Government in the field of Social Protection, aiming to provide every Albanian citizen, man, woman, boy or girl, regardless of income, origin, age, gender, ethnicity, education, sexual orientation, cultural identity, political and religious beliefs, quality public services, which are reconceptualized with priority to the family and addressing the "life cycle approach”.
| Name of the SP Scheme | Implementing Legal acts |
| National Social Protection Strategy 2020–2023 | Decision No. 866, dated 24.12.2019 "On the approval of the National Social Protection Strategy, 2020-2023, and the action plan for its implementation" |
| Social Insurance in the Republic of Albania | Law 7703/1993 "On social insurance in the Republic of Albania", as amended |
| Mandatory health care insurance scheme in the Republic of Albania | Law 10383, 2011 " On the mandatory health care insurance scheme in the Republic of Albania", as amended |
| Supply of fishing vessels with fuel (diesel) with the exception of road tax, carbon tax and excise | Law No. 61/2012 dated 24.05.2012 On excise in the Republic of Albania
Law No. 9975, dated 28.7.2008 On national taxes, amended DCM no. 612/2012 “On the implementing provisions of the Law "On excise taxes", as amended, DCM no. 29/2015 "On determining the procedures, quantities, conditions and criteria for the exemption of fishing vessels from road tax and carbon tax", Ordinance of the Minister of Finance and the Minister of Agriculture, Rural Development and Water Administration no. 18, dated 15.6.2015 |
| Exemption from customs duties and VAT on fishing gear | Law No. 92/2014, "On Value Added Tax in The Republic Of Albania", as amended
DCM 953/2014 "On the Implementing Provisions of Law No. 92/2014, "On Value Added Tax in The Republic Of Albania", as amended |
Social assistance
The scheme for the supply of fishing vessels with fuel (diesel) with the exemption from road tax, carbon tax and excise duty is based on Law No. 61/2012 dated 24.05.2012 “On excise in the Republic of Albania”, as amended, and Law No. 9975, dated 28.7.2008 On national taxes, amended.
This scheme is regulated by DCM no. 612/2012 “On the implementing provisions of the Law "On excise taxes", as amended, DCM no. 29/2015 "On determining the procedures, quantities, conditions and criteria for the exemption of fishing vessels from road tax and carbon tax", and Ordinance of the Minister of Finance and the Minister of Agriculture, Rural Development and Water Administration no. 18, dated 15.6.2015. The purpose of this scheme is to supply fishing vessels with fuel (diesel) by exempting them from road tax, carbon tax and excise duty, decreasing the cost of fuel. All fishing vessels registered in the Fishing Fleet Register, which have an active fishing permit and regularly submit the catch declarations (logbooks), can benefit from this scheme.
The scheme on the exemption from customs duties and VAT for fishing gear is based on Law No. 92/2014, "On Value Added Tax in The Republic Of Albania", as amended and DCM 953/2014 "On the Implementing Provisions of Law No. 92/2014, "On Value Added Tax in The Republic Of Albania", as amended. This scheme enables the purchase of fishing gears exempting them from customs duties and VAT and decreasing the cost of fishing gears for fishers.
Social insurance
Law no. 7703, date 11.05.1993 " On Social Insurance in the Republic of Albania ", as amended, regulates relations in the field of social security and explains the functioning of the National Social Security Scheme.
The general social security system consists of:
a)mandatory social insurance;
b)voluntary social insurance;
c)supplementary social insurance;
d)special state pensions;
e)social pensions;
f)professional funds and voluntary retirement funds.
This scheme supports the person's retirement from work in the form of periodic payments/ money to people over a certain age; Pensions to those who are disabled and cannot work at any job on a regular basis; Pensions paid when a member of the family dies, as rights to the survivors, covering the entire population.
Law No. 10383, date 24.2.2011 "On Mandatory Health Care Insurance in the Republic of Albania", as amended, defines and establishes the manner of implementation of the mandatory health care insurance scheme in the Republic of Albania. This law defines the legal status, structure, functions and activity of the Mandatory Health Care Insurance Fund, which manages the financing of health care services in the mandatory health care insurance scheme.
Beneficiary of this scheme are: Economically active persons, with permanent residence in Albania. The mandatory health insurance also covers the following categories of economically inactive persons: a)persons who benefit from the Social Security Institute; b) persons who receive economic assistance or disability payments, in accordance with the relevant legislation; c) persons registered as unemployed-job seekers in the National Employment Service; d) foreign nationals asylum seekers in the Republic of Albania; e) children under the age of 18; f) pupils and students under the age of 25, provided that they do not have income from economic activity; g) categories of persons defined by special laws. h) victims of trafficking, according to the identification made by the structures of the Ministry of the Interns.
Labour market interventions
FISHERIES
Small scale fisheries
Although there is no common definition of small-scale fisheries, Albania has legally adopted its own definition as reported in the Article 4 “Definitions”, Point 63 of Law No. 64/2012 on fisheries, as amended:
“Artisanal commercial fishery or small-scale coastal fishery means commercial fishing carried out by fishing vessels of an overall length of less than 12 metres and with an engine power smaller than or equal to 56 kW (75 hp), not using towed fishing gear, including surrounding seines, beams, trawls fishing and hydraulic dredges.”
In Albania, small-scale fisheries are characterized by the following elements:
| Vessel length | In metres (m) e.g. 5,4 m or 6,8 m as LOA |
| Gross tonnage | In tonnes e.g. 0,8 tonne or 1 tonne |
| Horsepower | e.g. Suzuki 40 hp, Evinrude 50 hp or Yamaha 25 hp |
| Gear used | Gillnet and trammel net, no more than 2 000 m in length and 32 mm mesh size |
| Distance from the coast of fishing grounds | 1 to 2 nm, based on the Harbour Register Certification |
| Ownership characteristics | Full name and address |
Albania has developed mechanisms by which small-scale fishers and fish workers can contribute to decision-making processes through their participation in an advisory/consultative body to the Ministry of Agriculture and Rural Development, Department of Fisheries.
Relevant GFCM decisions:
- Resolution GFCM/40/2016/3 on sustainable small-scale fisheries in the GFCM area of application.
Recreational fishing
Recreational/leisure fishery refers to non-commercial fishing activities exploiting marine resources for leisure, sport or tourism. Article 4 “Definitions”, Point 64 of Law No. 64/2012 on fisheries.
Recreational/sport fishing is different: it entails catching/collecting an amount of fish species and other water organisms by using tools and gears allowed for recreational/sport fishing but without the final aim of selling/exchanging or marketing the caught/collected fish or other water organisms.
At no time and for no reason should recreational fishing interfere, obstruct, endanger, or hinder commercial fishing in line with Article 38 on Recreational/sport fishing of Title II Recreational/sport fishing of Law No. 64/2012 on fisheries.
There are three categories listed in Article 39 on Recreational/Leisure fishery of Law No. 64/2012 on fisheries:
| Recreational fishing | Leisure fishing activity using hooks or other fishing gears, not organized and not related to competitions or events without using boats/vessels |
| Sport fishing | Organized fishing activity involving a free competition among fishers to catch the largest individual (fish) among different species, the largest number of individuals or total weight, depending on the rules of each competition |
| Fishing tourism | Fishing activity conducted by professional fishers or recreational fishing professionals, who are considered to be third-party, organizing fishing expeditions |
There is no national regulation specifically focused on recreational fisheries. However, there are Articles 44 – 48 of Law No. 64/2012 on fisheries, which regulate fishing gear, prohibitions, control of authorizations and fishing and sport fishing championships.
Other Articles in Law No. 64/2012 on fisheries provide a legal framework for small-scale fisheries and their organization, recreational/sport fishing, fishing for study and scientific purposes, fisheries organizations, form and membership, management of fisheries infrastructure, collection, management and use of data, etc.
Access regime to fisheries resources
Authorizations and licensing schemes
Paragraphs 6, 30 and 81 of Article 4 “Definitions” of the Law No. 64/2012 on fisheries define fishing authorization, fishing license and fishery sector.
Fishing authorization and licenses schemes are based and regulated by:
- Articles 30 and 69 of Law No. 64/2012 on fisheries;
- Paragraphs 7-14 of Chapter II "General Conditions of access regime to fisheries resource" of DCM No. 407;
- Article 31 "Fishery licenses commission" and Article 32 "Application and requirements for fishing licenses at sea" of Chapter VI "Fishing Licenses" of Regulation No. 1 of 7 March 2014 on the implementation of Law No. 64 of 31 May 2012 on fisheries.
The above-mentioned legal acts describe the legal procedure for obtaining fishing licenses, the requirements that the fishing entity must fulfil, the composition of fishery licenses commission, the transparency of the process and the accompanying documents and the circumstances under which licenses can be suspended or the authorization withdrawn.
The fishing licenses must also contain the following information: fisheries registry number (Regjistrin e Anijeve të Peshkimit, RAP), name of the fishing vessel, year of construction, flag, port of exercise of activity, external identification number, radio call signal [IRCS (if any)], name and address of the owner or legal person, motor power (KW), weight (GT), total length, main fishing gear, secondary fishing means (if any), restrictive measures applicable and fishing methods (trawler, pelagic trawler, purse seiner, SSF with gillnets and/or trammel nets).
Articles 33 and 36 of Regulation No. 1 of 7 March 2014 on the implementation of Law No. 64 of 31 May 2012 on fisheries indicate the duration of validity of the fishing license and the different cases when a license can be canceled or withdrawn.
The regime for licenses for small-scale fishing is provided in Article 32, “Application and requests for fishing permit at sea,” point 2/ii (a, b, c) of Regulation No. 1 of 7 March 2014 on the implementation of Law No. 64 of 31 May 2012 on fishery.
The regime for licenses for recreational fisheries is provided in Article 40 “Authorization for recreational/sport fishing”, Article 41 “Types of amateur and tourist fishing authorizations”, Article 42 “Obligation to carry recreational/leisure fishing authorization” and Article 43 “Recreational/leisure fishing authorization fee” of Law No. 64/2012 on fisheries.
Fishing opportunities
Albania does not have fishing quotas, except the quotas on bluefin tuna set by ICCAT recommendations. Currently, the Albanian quotas are low and are offered to only two tuna purse seiners. Nevertheless, there is a joint catch limit for small pelagics in the Adriatic Sea between Albania and Montenegro. Starting from 2022 Albania as a GFCM CPC must not exceed the allowable joint catch limit set by Recommendation GFCM/42/2021/20 and by Ministerial Order No. 11 of 14 January 2022.
Relevant GFCM decisions:
The amendments made by Law 42/2020 determine the closure of the number of licenses for commercial fishing (points 10 and 11 of Article 30) and in the Ministerial Order No. 639 dated 22.12.2021 defines the maximum limit of fishing days by fleet segments that can be realized by bottom fishing vessels targeting key demersal stocks in accordance with Recommendation GFCM/44/2021/1.
Relevant GFCM decisions
- Recommendation GFCM/43/2019/5 on a multiannual management plan for sustainable demersal fisheries in the Adriatic Sea (geographical subareas 17 and 18)
- Recommendation GFCM/44/2021/1 on the establishment of a fishing effort regime for key demersal stocks in the Adriatic Sea (geographical subareas 17 and 18)
Conservation and management measures
The main principles of conservation and management measures are enshrined in the following legal acts:
- Law No. 64/2012 on fisheries: This Law regulates all fishery activities and their management and aims to ensure the protection of marine life and internal waters through promoting sustainable development in maritime spaces and internal waters;
- Decision No. 402 of 8 May 2013 defining management measures for the sustainable use of fishery resources: This decision regulates the conservation, management and use of living aquatic resources and trade of fishery products caught in the Mediterranean Sea in Albania;
- Regulation No. 1 of 7 March 2014 on the implementation of Law No. 64 of 31 May 2012 on fishery: This Regulation implements the Law No. 64/2012 on fisheries by clarifying how to meet the requirements of the Law and detailing agency programs, timelines, definitions of special terms, and related information.
Relevant GFCM decisions
- Recommendation GFCM/44/2021/20 on a multiannual management plan for sustainable exploitation of small pelagic stocks in the Adriatic Sea (geographical subareas 17 and 18)
- Recommendation GFCM/43/2019/5 on a multiannual management plan for sustainable demersal fisheries in the Adriatic Sea (geographical subareas 17 and 18
- Recommendation GFCM/44/2021/1 on the establishment of a fishing effort regime for key demersal stocks in the Adriatic Sea (geographical subareas 17 and 18)
Area and time restrictions
Article 4 “Definitions” of Law No. 64/2012 on fisheries describes protected and restricted fishing areas.
The provisions regarding the area restrictions are enshrined in the following legal acts:
- Articles 11, 12, 13, 16, 119 and 120 of Law No. 64/2012 on fisheries;
- Chapter II and II of DCM No. 402.
In accordance with Recommendation GFCM/44/2021/20, Ministerial Order No. 11 of 14 January 2022 foresees spatial and temporal closures for small pelagic fishery in the Adriatic Sea.
In accordance with Recommendation GFCM/43/2019/5, Ministerial Order no. 216 of 29 May 2020 (point 6) provides spatial and temporal closures in relation to bottom trawl fishing in the Adriatic Sea. Fishing up to six nautical miles from the shore is prohibited for the period 1 July to 15 September of each year.
Relevant GFCM decisions
- Recommendation GFCM/44/2021/20 on a multiannual management plan for sustainable exploitation of small pelagic stocks in the Adriatic Sea (geographical subareas 17 and 18)
- Recommendation GFCM/43/2019/5 on a multiannual management plan for sustainable demersal fisheries in the Adriatic Sea (geographical subareas 17 and 18
Article 4 of Regulation No. 1 of 7 March 2014 on the implementation of Law No. 64 of 31 May 2012 on fishery also contains provisions on the prohibitions on catching certain species in certain periods and areas:
| Article 4 of Regulation No. 1 - Prohibition to catch certain species in certain periods and areas | ||
|---|---|---|
| Paragraph | Provision | Duration |
| 5 | Wild trout (Salmo trutta) | From November 1 until on April 1 in all areas |
| 6 | Fishing for bivalve molluscs is prohibited in the following periods | |
| a) | Venus Clam, Cockle, Smooth clam | From June 15 to July 15 |
| b) | Razor clams | From April 1 to September 30 |
| c) | Bean clams | From April 1 to April 30 |
| d) | Sea Truffle | From June 1 to July 31 |
| 7 | During the periods of prohibition on hunting described in point 6 above, it is permitted to carry out the activities of other authorized fishing, once after bivalve mollusc fishing gear has been removed | |
| 8 | The Ministry shall determine by its order the timetable of bivalve mollusc fishing | |
| 9 | It is forbidden to carry out fishing activities targeting bivalve molluscs | All year long on Saturdays, Sundays and official holiday days |
| 10 | In exceptional cases, within beach areas, fishing for сlams, сockles, smooth clam is prohibited | for longer periods, from May to September |
| 15 | Any fishing activity on the outer shore of Karaburun is prohibited, from the Cape of Gjuheza to the Rruget e Bardha (Palase) at any distance at least 1 nm from the coastline or at 50 m isobath whenever this depth is reached at a shorter distance than 1 nm from shore | |
| 16 | It is forbidden to lay any type of purse seiner at a distance less than 300 m from the shore or at 40 m isobath whenever this depth is reached at a shorter distance than 300 m from shore | |
| 17 | Fishing with trawls (bottom or pelagic) is prohibited in the bay of Vlora (limited to the north by the base line from Cape Karaburun to Treport) | |
Article 202.b of Law No. 44/2019 sets forth measures against actions violating the requirements of the legislation in force for protected areas or permits and authorizations issued by the competent authorities and causing serious deterioration of a habitat located within an environmental protected area, are punishable by a fine or up to five years of imprisonment.
Minimum sizes
Article 10 of Law No. 64/2012 on fisheries, Chapter IV and Annex III of DCM No. 402, as well as Regulation No. 1 of 7 March 2014 on the implementation of Law No. 64 of 31 May 2012 on fisheries provide detailed information regarding the minimum size of fish that can be caught. Annex IV of DCM No. 402 describes how the fish, molluscs and crustaceans must be measured.
| Article 3 - Minimal dimensions of some aquatic organisms | ||
|---|---|---|
| 1. It is forbidden to fish, carry on board, land, transport, store, expose and trade aquatic organisms smaller than the set below for the following species: | ||
| Commercial name of the species in Albanian | Scientific name of the species | Minimum size |
| a) Fish | ||
| Merluci tripendësh | Micromesistius | 20 cm |
| Qefujt | Mugil spp., (Liza spp., Chelon spp) | 16 cm |
| Dentalet | Dentex spp. | 25 cm |
| Vopa | Boops boops | 10 cm |
| Salpa | Sarpa salpa | 12 cm |
| Korbët | Sciaena spp., Umbrina spp. | 25 cm |
| Stavridat | Trachurus spp. | 12 cm |
| Gofat | Seriola spp. | 30 cm |
| Amet | Lichia amia | 30 cm |
| Pallamidi | Sarda sarda | 30 cm |
| Sardelet | Sardinella aurita | 11 cm |
| Shproti (papalina) | Sprattus sprattus | 10 cm |
| Kublat | Alosa fallax | 20 cm |
| Maridhat | Spicara spp. | 8 cm |
| Toni | Thunnus thynnus | 101 cm |
| Toni alalunga | Thunnus alalunga | 40 cm |
| Tonili | Euthynnus alletteratus | 30 cm |
| Peshku shpatë | Xiphias gladius | 100 cm |
| Peshku pëllumb | Mustelus spp | 30 cm |
| Rajat | Raja spp. | 30 cm |
| Skadhinat | Squatina spp | 40 cm |
| Peshqit elektrikë | Torpedo spp. | 30 cm |
| Ngjalë deti | Conger conger | 30 cm |
| Peshqit kitarrë | Rhinobatos spp. | 30 cm |
| Shojza | Platichthys flessus | 15 cm |
| Shkotrat | Bothus spp. Arnoglossus spp. | 30 cm |
| Rombet | Scophthalmus spp. Psetta spp. Lepidorhombus spp. | 30 cm |
| Jatagani | Lepidopus caudatus | 40 cm |
| Shtiza | Sphyraena spp. | 25 cm |
| Peshku kovaç | Zeus faber | 20 cm |
| Peshqit gjel | Trigla spp. Aspitrigla spp. | 15 cm |
| Henëza e detit (lopa) | Lophius piscatorius | 30 cm |
| Aterinat | Atherina spp. | 8 cm |
| Ngjala | Anguilla Anguilla | 25 cm |
| Trofta ylber | Onchorhinchus mykiss | 25 cm |
| Trofta e egër | Salmo trutta fario | 20 cm |
| Korani | Salmo letnica | 32 cm |
| Korani i verës | Salmo letnica estivalis | 30 cm |
| Belushka | Salmothymus ohridanus | 30 cm |
| Sharroku (perka) | Perca fluviatilis | 15 cm |
| Luçioperka | Stizostedion lucioperca | 30 cm |
| Gjuca (cironka) | Alburnus spp. | 10 cm |
| Njila (skobuzi) | Chondrostoma spp. | 15 cm |
| Skortët | Rutilus spp. | 12 cm |
| Mustakët | Barbus spp. | 25 cm |
| Mrenat | Cobitis spp. | 25 cm |
| Mlyshët | Leuciscus spp. | 15 cm |
| Bordullakët | Gobius spp. | 15 cm |
| Karasët | Carassius spp. | 15 cm |
| Krapi | Cyprinus carpio | 30 cm |
| Ballëgjerët | Hypophthalmichthys spp. Aristichthys spp | 30 cm |
| Amuri | Ctenopharyngodon idella | 30 cm |
| Pëllëmbëza | Megalobrama amblycephala | 20 cm |
| Açuga | Engraulis encrasicolus | 9 cm |
| b) Crustaceans | ||
| Karkaleci i detit | Penaeus kerathurus | 7 cm |
| Karkaleci violetë | Aristeus antennatus | 7 cm |
| Karkaleci i kuq | Aristaemorpha foliacea | 6 cm |
| c) Cephalopod mollusks | ||
| Kallamarët | Loligo ssp. | 25 cm |
| Totanët | Ilex spp. | 30 cm |
| Sepia | Sepia officinalis | 20 cm |
| Oktapodi | Octopus vulgaris | 0.5 kg |
| d) Bivalve molluscs | ||
| Midhja | Mytilus galloprovincialis | 5.0 cm |
| Tartufi i detit | Venus verrucosa | 2.7 cm |
| Telini | Donax trunculus | 2.2 cm |
| Vongola verace | Ruditapes decussates | 3.6 cm |
| Vongola filipinase | Ruditapes semidecussatus | 3.0 cm |
| Ostrea | Ostrea spp. | 6.0 cm |
| Biçaku | Solen spp. | 8.0 cm |
| Fasolari | Challista chione | 6.0 cm |
| 2. It is allowed for small-sized fish caught with circular nets, such as sardine, anchovy or bleak, to constitute up to 20% of total catch without satisfying their respective minimum dimensions (paragraph 1 of this Article) as long as they are not of a size below 7 cm in length. | ||
| 3. Bivalve molluscs that are caught may be of a size smaller than the specified minimum but must not make up more than 10% of the catch, calculated on the basis of paragraph 1 of this Article. | ||
Protected species
Protected species are listed in Article 9 "Protected Fish Species and Marine Organisms" and Article 37 "Prohibition of Fishing of Certain Types of Marine Organisms" of Law No. 64/2012 on fisheries amended by Law 80/2017. Both articles stress the prohibition on catching these species.
| Article 37 - Prohibition of fishing for certain types of aquatic organisms | |||
|---|---|---|---|
| 1. Fishing, boarding, transshipment, deliberate landing or consumption for any period, area and by any means or equipment of these aquatic organisms shall be prohibited: | |||
| Paragraph | Name of the species | Scientific name of the species | |
| a) | River koran | Salmo letnica lumi | |
| b) | Corals | Corallium spp | |
| c) | Trout | Salmo trutta magrostigma; Salmo marmoratus | |
| d) | Sturgeon | Acipenser sturio; Acipenser naccarii | |
| e) | Sharks | Cetorhinus maximus, Carcharodon carcharias | |
| f) | Sea cows | Mobula mobular | |
| g) | Date shell | Lithophaga lithophaga | |
| h) | Sponge | spongidae | |
| i) | Marine mammals (whales, dolphins, sea calves) | ||
| j) | Sea turtles | Carretta carretta, Chelonia mydas and Dermochelys coreacea | |
| k) | Aquatic turtles | Emys orbicularis, Mauremys caspica | |
| i) | Marine birds | ||
| With a decision of the Council of Ministers, other species that may be defined as being at risk may be added to this list. | |||
| 2. The captains of fishing vessels shall immediately release any sea birds caught accidentally by fishing gear. | |||
| 3. To the extent possible, whenever species under letters "a" to "f" and "h" to "l", of paragraph 1 of this Article are accidentally caught by fishing gear, they shall handled carefully on board the fishing vessel and released alive and undamaged into the water. | |||
| 4. The captains of fishing vessels shall not land the above species, unless they are part of an approved salvage and protection program or, where necessary, in order to enable their recovery from injury, after informing the inspectorate in charge of the fisheries before the fishing vessel enters the port. | |||
| 5. The protected species of aquatic organisms under the conditions of Article 30 of Law No.103/2016 on aquaculture, shall be excluded from paragraph 1 of this decision. | |||
The Albanian national legislation regulates the management and the protection of the endangered species in Article 37 of Law No. 64/2012 on fisheries, as amended. Regarding the management of the most endangered marine species (updated on 26 November 2019) listed in the appendices established by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), in the case of Albania, only European eel (Anguilla anguilla) is a newly included species. All legal provisions regarding European eel are included in Ministerial Order Nо. 536 of 27 September 2019. The “Approval of the management plan of European eel (Anguilla anguilla) in Albania for the period 2019-2024” is published in Official gazette No. 134, 2019.
Albania is also actively participating in the various initiatives of the United Nations Office on Drugs and Crime (UNODC). Within the framework of the UNODC Global Programme for Combating Wildlife and Forest Crime, Albania has recently amended its Penal Code with Law No. 44/2019 of 18 July 2019. According to Article 202 of Law No. 44/2019, the killing, destruction, possession, acquisition or trade of specimens of protected species of wild flora and fauna or their parts or by-products, in breach of the requirements of a specific national legislation or a relevant permit, unless such a case has occurred in relation to a negligible amount of these specimens belonging to the protected species from a biological point of view and has no significant impact on the conservation status of the species, constitutes a crime and is punishable by a fine or imprisonment of two to seven years.
Relevant GFCM decisions:
- Recommendation GFCM/29/2005/1 on the management of certain fisheries exploiting demersal and deepwater species and the establishment of a fisheries restricted area below 1000 m
- Recommendation GFCM/35/2011/3 on reducing incidental bycatch of seabirds in fisheries in the GFCM area of application
- Recommendation GFCM/35/2011/4 on the incidental bycatch of sea turtles in fisheries in the GFCM area of application
- Recommendation GFCM/35/2011/5 on fisheries measures for the conservation of the Mediterranean monk seal (Monachus monachus) in the GFCM area of application
- Recommendation GFCM/36/2012/2 on mitigation of incidental catches of cetaceans in the GFCM area of application
- Recommendation GFCM/36/2012/3 on fisheries management measures for conservation of sharks and rays in the GFCM area of application
- Recommendation GFCM/43/2019/4 on a management plan for the sustainable exploitation of red coral in the Mediterranean Sea
Fishing gear and methods
Articles 4, 16, 70, 89, 90, 107 and 108 of Law No. 64/2012 on fisheries describe different types of fishing gear and fishing methods.
Moreover, Chapter III and Annex I and II of DCM No. 402 provide additional information regarding the fishing gear and methods. Annex I and II of the regulation describe in detail fishing gear and methods, specially authorized attachments to trawl nets and rigging requirements.
| Article 16 (Prohibitions of fishing and special areas) of the Law No. 64/2012 on fisheries | |
|---|---|
| 1. Catching, collecting and/or selling fish and other marine organisms using explosives, chemical substances or through any other action that results in their death, intoxication or poisoning them is prohibited. | |
| 2. Keeping explosives or chemical substances on shore that kill, poison or intoxicate fish and other marine organisms is prohibited. | |
| 3. It is prohibited to make use of or to keep on board: | |
| a) | Toxic, soporific and corrosive substances |
| b) | Electric shock generators |
| c) | Explosives |
| d) | Substances that can explode if mixed |
| e) | Towing devices, Saint Andrew crosses or similar devices/items for collecting the red coral and other types of corals or coral-like organisms |
| f) | Pneumatic hammers or other percussive instruments for the collection, in particular, of bivalve molluscs digging within rocks |
| 4. Fishing is prohibited in the port area, entry ways/streets and in anchoring sites. | |
| 5. Fishing with bottom trawls, dredges, traps, purse seines, boat seines, shore seines and other similar nets on the seafloor/seabed rich in vegetation, especially of Posidonia oceanica, and other marine phanerogams, is prohibited. | |
The Albanian fisheries legislation provides detailed information on bottom-set long lines, surface-set long lines and traps for deep-water crustacean fisheries, although these fishing methods are not practiced in Albania. The legislation also establishes the maximum allowed number of hooks depending on the length of fishing days or on different species of fish as well as the maximum allowed number of traps that a fishing vessel may have.
Relevant GFCM decisions:
- Recommendation GFCM/33/2009/2 on the minimum mesh size in the codend of demersal trawl nets
- Recommendation GFCM/29/2005/1 on the management of certain fisheries exploiting demersal and deep-water species and the establishment of a fisheries restricted area below 1000 m
Bycatch
Article 4 “Definitions”, point 107 of Law No. 64/2012 on fisheries. Bycatch is the fish catch that:
- is not the target species;
- belongs to species that are not identified as associated species in the fishing license;
- includes economic and regulatory discard; and
- does not include fish released alive under a recreational/leisure program "catch and release".
There are no national management measures on bycatch except for on blue fin tuna fishing (Ministerial Order No. 102 of 05 February 2019):
All bycaught specimens that are alive should immediately be released back into the sea.
In accordance with the Minister’s Order No. 402, date 30.9.2021 “On the approval of the Regulation ‘On the drafting of a discard plan for certain demersal fisheries in the sea’ “, in partial compliance with Commission Delegated Regulation (EU) no. 2017/86 of 20 October 2016, establish a landing obligation for certain species (especially for species under quota regime or for species where a minimum landing size is established). Catches for certain species must be retained on bord, registered, landed and calculated as part of the quotas (when applicable), excluding fish caught as live bait.
Within the framework of technical assistance provided by the GFCM, Albania is implementing a bycatch monitoring program through observers onboard fishing vessels (bottom and pelagic trawlers, purse seiners and small-scale artisanal fishing) in four designated ports in order to obtain representative data on the discard component of total bycatch, as well as information on the incidental catch of vulnerable species.
Relevant GFCM decisions:
- Recommendation GFCM/35/2011/4 on the incidental bycatch of sea turtles in fisheries in the GFCM area of application;
- Recommendation GFCM/35/2011/3 on reducing incidental bycatch of seabirds in fisheries in the GFCM area of application.
Other relevant information
Article 203 of Law No. 44/2019 sets forth measures against the pollution of the seas, rivers, lakes or network cumulative resources and the distribution of water with toxic, radioactive, or other substances that could disrupt the ecological balance. Such acts shall be punished with imprisonment of one to five years. The same act, when it causes serious consequences for human health, shall be punished with imprisonment of five to ten years.
Monitoring, control and surveillance measures
MCS measures in the Albanian legislation are enshrined in the following acts:
- Law No. 64/2012 on fisheries;
- DCM No. 302, in compliance with Council Regulation (EC) No 1005/2008 Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing and Commission Regulation (EC) No 1010/2009 laying down detailed rules for the implementation of Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing;
- DCM No. 402, in compliance with the Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94;
- DCM No. 407 (in compliance with the Council Regulation (EC) No 1224/2009 and the Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy;
- Regulation No. 1 of 7 March 2014 on the implementation of Law No. 64 of 31 May 2012 on fishery clarifying how to meet the requirements of the Law, agency programs, timelines, definitions of special terms, and related information.
Register and vessel identification
Paragraphs 2, 17, 19, 20 and 50 of Article 4 "Definitions" of Law No. 64/2012 on fisheries define matters related to the fleet register and vessel identification.
The information related to the fleet register and vessel identification is enshrined in the following legal acts:
- Articles 32, 33, 101 and 102 of Law No. 64/2012 on fisheries;
- Paragraphs 5-7 of Chapter VI of DCM No. 402;
- Paragraphs 15-20 of Chapter III of DCM No. 407 provide additional information regarding the marking and the identification of fishing vessels;
- Article 29 and 30 of Regulation No. 1 of 7 March 2014 on the implementation of Law No. 64 of 31 May 2012 on fishery provide the additional information regarding the National Fleet Register.
- DCM No. 719 of October 2016 “On the management of commercial fishery capacities and some adjustments to the way the fishing vessel register operates”, amended.
- Ministerial Order No. 614 of 3 December 2021 on the implementation of the GFCM Resolution GFCM/44/2021/6 on the application of an International Maritime Organization number, amending Resolution GFCM/41/2017/6.
Albania has a fleet register for SSF vessels, revised yearly, containing the name of each vessel and its registration or matriculation number, along with its port of registration and port of landing, the year of construction, the LOA, the gross tonnage (GT), the hp and the gear used.
Relevant GFCM decisions:
- Recommendation GFCM/33/2009/6 concerning the establishment of a GFCM record of vessels over 15 metres authorized to operate in the GFCM area of application, amending Recommendation GFCM/29/2005/2;
- Recommendation GFCM/34/2010/2 on the management of fishing capacity
- Resolution GFCM/44/2021/6 on the application of an International Maritime Organization number, amending Resolution GFCM/41/2017/6.
Port State measures
Albania ratified the PSMA by Law No. 10/2017 of 2 February 2017 and promulgated it by Decree No. 10008 of 15 February 2017 of the President of the Republic of Albania. Recommendation GFCM 40/2016/1, Council Regulation (EC) No 1005/2008 and Commission Regulation (EC) No 1010/2009 provide information regarding port State measures.
Paragraph 1 of Article 4, Article 80, 81, 98 and 99 of Law No. 64/2012 on fisheries provide additional information relating to port state measures.
DCM No. 302 implements Recommendation GFCM/40/2016/1 and in compliance with Council Regulation (EC) No 1005/2008 and Commission Regulation (EC) No 1010/2009. Paragraphs 1-8, 11, 14 and 16 of Chapter I of the regulation also provide additional information regarding port state measures.
Paragraph 4 of Chapter VI of DCM No. 402 provides the following information regarding the designated ports: "Pursuant to Article 98 of Law No. 64/2012 on fisheries, the catch from bottom trawlers, pelagic trawls, purse seiners, bottom or surface-set long lines, hydraulic dredges can be landed and traded for the first time only in ports designed by the Ministry of Agriculture and Rural Development."
The designated ports are Shengjin, Durres, Vlore and Saranda (Article 40 of Regulation No. 1 of 7 March 2014 on the implementation of Law No. 64 of 31 May 2012 on fishery)
Relevant GFCM decisions:
Logbook and landing obligations
The Albanian legislation on logbook and landing obligation is based on Recommendation GFCM/35/2011/1 and Council Regulation (EC) No 1224/2009. Articles 74, 75, 77-79, 82-83 of Law No. 64/2012 on fisheries describe the logbook and landing obligation issues. Paragraphs 35-47 of DCM No. 407 provide additional information regarding the logbook and landing obligation.
In particular, captains or owners of fishing vessels of equal length or more than 12 m should electronically record all information that is mentioned in Article 74 of Law No. 64/2012 on fisheries, which is sent electronically to the Inter-Institutional Operational Marine centre (IOMC) at least once in 24 hours. The information, according to point 1 of Article 77, should be transmitted at the end of the fishing trip and before the entry into the port.
There are four landing sites for SSF vessels. However, only some SSF vessels are obliged to report landings at these designated landing points. The services provided by these landing sites are serviced docking areas, moorings, refrigerated warehouses, drinking water services and ice machines.
Relevant GFCM decisions:
- Recommendation GFCM/35/2011/1 concerning the establishment of a GFCM logbook, amending Recommendation GFCM/34/2010/1;
- Resolution GFCM/43/2019/3 on the implementation of a vessel monitoring system and an electronic logbook in the GFCM area of application;
Inspection
The Albanian legislation on inspections is based on Council Regulation (EC) No 1224/2009 and Commission Implementing Regulation (EU) No 404/2011, as well as the relevant above-mentioned GFCM Recommendations.
Articles 2, 4, 67, 68, 86 and 109 of Law No. 64/2012 on fisheries provide definitions and general considerations regarding the inspection and control.
Articles 121-124 of Chapter XX of Law No. 64/2012 on fisheries also provide norms regarding the inspection.
DCM No. 407 describes in different chapters inspection, trade control, surveillance and inspection, obligations of operators, etc.
- Paragraphs 1-6 of Chapter I provide general considerations
- Paragraphs 73-74 of Chapter VI provide duties of the inspectors on trade control
- Paragraphs 100-102 of Section II of Chapter VIII provide the rules for observers on board
- Paragraphs 103-117 of Section III of Chapter VIII provide detailed information regarding the inspectors and their duties
- Paragraphs 118-119 of Chapter X describe the duties of operators during an inspection
Articles 46-50 of Regulation No. 1 of 7 March 2014 on the implementation of Law No. 64 of 31 May 2012 on fishery provide more detailed information regarding the inspection, the mission of inspectors, their identification etc.
Relevant GFCM decisions:
- Recommendation GFCM/42/2018/10 on access to information and data related to monitoring, control and surveillance within the framework of joint inspection and surveillance schemes
- Recommendation GFCM/43/2019/5 on a multiannual management plan for sustainable demersal fisheries in the Adriatic Sea (geographical subareas 17 and 18)
Vessel Monitoring System
Albania implemented a VMS in its fleet in 2011 and the system operated until 2015. In early 2017, due to technical issues the system was shut down and Albania is currently working toward its resumption with the technical assistance of the GFCM. The Albanian legislation fully transposed Recommendation GFCM/33/2009/7, Council Regulation (EC) No 1224/2009 of 20 November 2009 and Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011.
Articles 71-73 of Law on Fisheries No. 64/2012 provide additional norms on the VMS. In Albania, all fishing vessels of a length equal to or more than 12 meters shall install on board the relevant equipment that enables their identification and localization automatic, immediate, at regular and regular intervals, via transmission of data for the respective location in the satellite system. The information is transmitted to the Inter-ministerial Maritime Operational Centre (IMOC/QNOD).
Paragraphs 22-31 and 34 of "Chapter IV Control system of fishing vessel" of DCM No. 407 and DCM No. 494 of 1 July 2016 supplementing DCM No. 407 date 8.5.2013 laying down a control regime to guarantee the enforcement of management policies and rules in fisheries provide detailed information regarding the VMS.
Relevant GFCM decisions:
- Recommendation GFCM/33/2009/7 concerning minimum standards for the establishment of a vessel monitoring system in the GFCM area of application;
- Resolution GFCM/38/2014/1 on Guidelines on VMS and related control systems in the GFCM area of competence
- Resolution GFCM/43/2019/3 on the implementation of a vessel monitoring system and an electronic logbook in the GFCM area of application
IUU fishing regulations and sanctions
Illegal, unreported and unregulated (IUU) fishing regulations and sanctions are included in the Albanian legislation in Law No. 64/2012 on fisheries and DCM No. 302 of 10 April 2013 . This regulation in compliance with Council Regulation (EC) No 1005/2008 of 29 September 2008 and Commission Regulation (EC) No 1010/2009 of 22 October 2009, as well as Recommendation GFCM/33/2009/8.
Paragraph 60 of Article 4 "Definitions" of Law No. 64/2012 on fisheries defines IUU fishing in accordance with the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA-IUU).
Articles 117 and 118 of Law No. 64/2012 on fisheries also establish additional norms regarding the IUU fishing.
Articles 126-131 within the separated Chapter of the Law No. 64/2012 on fisheries include norms regarding the sanctions in terms of administrative contraventions (fines), additional penalties, points system for serious infringements and complaints.
| Article 128 - Administrative Contraventions | ||
|---|---|---|
| Paragraph A - the following contraventions are administrative contraventions: | ||
| Article | Description | Fine |
| 1 | Disposal of liquid or solid waste that creates a negative effect on the quality of the marine environment, contrary to the provisions of letter “a” of Article 7 of this Law | Punishable in accordance with the Law in force on the environment protection sector |
| 2 | Release of non-indigenous and/or other marine organisms, fish species or other marine genetically modified organisms, contrary to the provisions of letter “b” of Article 7 of this Law, at sea and or in inland waters | From 100 000 to 500 000 lek |
| 3 | Underwater fishing activities in places where permission is not granted by the competent management authority contrary to the provisions of letter “c” of Article 7 of this Law | From 10 000 to 50 000 lek |
| 4 | Capture of juveniles, fish species and other marine organisms unable to reproduce, or with dimensions outside those provided in by laws, contrary to the provisions of this Law | From 100 000 to 500 000 lek |
| 5 | Conducting fishing activity and destruction/degradation of fauna and flora in protected marine areas, contrary to the provisions of letters "a" and "b" of paragraph 1 of Article 12 of this Law | From 200 000 to 1 000 000 lek |
| 6 | Disposal or use of sand or gravel, removal or relocation of water or any other pollutants, as well as intervention, deterioration or destruction of the environment in protected water areas, contrary to the provisions of letter "c" of paragraph 1 of Article 12 of this Law | From 400 000 to 2 000 000 lek |
| 7 | Construction of structures/facilities on land or in water contrary to the provisions of letter "d" of paragraph 1 of Article 12 of this Law | From 600 000 to 3 000 000 lek |
| 8 | Conducting other activities that may have a negative impact on the ecosystem of the protected area contrary to the provisions of letters "e" of paragraph 1 of Article 12 of this Law | From 200 000 to 1 000 000 lek |
| 10 | Capture of fish and other marine organisms by explosives, chemichal substances or through any other means that kills, intoxicates or poisons the fish and other marine organisms, contrary to the provisions of paragraph 2 of Article 16 this Law | From 500 000 to 2 500 000 lek |
| 11 | Keeping on board or on shore explosives, or chemical substances that kill, intoxicate or poison the fish and other marine organisms, contrary to the provisions of paragraph 2 of Article 16 this Law | From 500 000 to 2 500 000 lek |
| 12 | The use or keepingi in vessels of substances or equipment referred to in paragraph 3 of Article 16 of this Law | From 500.000 to 2.500.000 lek |
| 13 | Violation of article 16, paragraph 4 of this Law | From 500.000 to 2.500.000 lek |
| 15 | Conducting fishing activity without being registered, according to definitions of Article 32 | From 5 000 to 10 000 lek |
| 17 | Violation of provisions of Article 34 | From 30 000 to 50 000 lek |
| 18 | Fishing activity by a foreign vessel in the waters of the Republic of Albania | From 20 million to 45 million lek. The fishing vessel is blocked until the fine is paid. Protection and maintenance fees of the blocked vessel have to be paid by the offender. |
| 19 | Catching, keeping on board, transiting in a boat or vessel, intentional landing and launch into market or for consumption of protected fish species and other marine organisms, contrary to provisions of paragraph 1 of Article 37 | From 1 000 000 to 5 000 000 lek |
| 21 | Collecting and/or trading fish and other marine organisms captured through the use of explosives, chemical or toxic substances or any other means that kills, intoxicates or poisons | From 100 000 to 500 000 lek |
| 22 | Conducting amateur fishing activity without a fishing authorization or contrary to provisions of articles 40 and 42 of this Law | From 500 to 1 000 lek |
| 23 | Recreational fisheries without a fishing authorization or contrary to provisions of articles 40 and 42 of this Law | From 50 000 to 100 000 lek |
| 24 | Recreational fisheries that are contrary to provisions of Article 45 of this Law | a) From 5 000 to 10 000 lek without a fishing vessel
b) From 50 000 to 100 000 lek in case a vessel is used for committing the contravention |
| 25 | Recreational fisheries that are contrary to provisions of Articles 60 | a) From 5 000 to 10 000 lek if fishing activity is carried out without a vessel
b) From 50 000 to 100 000 lek if the fishing activity is carried out with a vessel |
| 26 | Conducting fishing activity without an authorization or contrary to the conditions provided in it, in accordance with the provisions of Article 30 of this Law | From 200.000 to 1.000.000 lek |
| 27 | Conducting fishing activities without an authorization or contrary to the conditions provided in it, pursuant to provisions of Article 69 of this Law | From 200 000 Lek to 1 000 000 lek |
| 28 | Non-marking of vessels and fishing gear according to Article 70 of this Law | From 5 000 to 10 000 lek |
| 29 | Non-instalment of equipment pursuant to Article 72, their manipulation, cancellation or end of life for a certain period of time or permanently | From 500 000 to 1 000 000 lek, as well as prohibition of the fishing activity of the fishing vessel pursuant to paragraph 8 of Article 72 |
| 30 | Non-compliance with the obligations to register and declare of the catch data or related data in the logbook, electronic registration, prior notification and the landing declaration pursuant to Articles 74 to 82 of this Law | From 5 000 to 10 000 lek |
| 31 | Non-compliance with the obligations pursuant to Article 83 of this Law regarding landing declaration | From 5 000 to 10 000 lek |
| 32 | Overfishing in fishing areas that are subject to a determined fishing regime as well as violation of procedures and provisions defined in Articles 88 to 90 of this Law | From 50 000 to 100 000 lek and confiscation or seizure of the quantity of catch that exceeds the allowed quotas |
| 33 | Offenses committed by fishing vessels which do not have no board a vessel monitoring system, or do not transmit the logbook data and are subject to a fishing effort of provisions stipulated in Articles 91 and 92 of this Law | From 50 000 to 100 000 lek |
| 34 | Transboarding of catch from one vessel to another, in ports or unapproved ports/locations pursuant to definitions of Article 99 of this Law and contrary to Article 98 of this Law | From 10 000 to 50 000 lek |
| 35 | The use of another engine power, its replacement with another engine power or use of another power which is technically modified, when the latter is not officially certified by the Marine Registry, in violation to Article 102 of this Law | From 10 000 to 50 000 lek |
| 36 | Violation to provisions of Articles 105 and 106 | From 10.000 to 50.000 lek and also inspection of the fishing vessel on its first arrival in the port |
| 37 | Violations of provisions of Article 107 | From 10 000 to 50 000 lek |
| 38 | Violation to provisions of Article 108 of this Law | From 30 000 to 50 000 lek |
| 39 | Failure to present the certificate of origin of fish products with the purpose of identifying the respective area of origin, from the operators responsible for catching, sale, storage or transport of these products, in violation of paragraph 2 of Article 109 of this Law, as well as violation of provisions of paragraph 1 of Article 140 and paragraph 1 of Article 111 of this Law | From 50 000 to 100 000 lek |
| 40 | Selling in market, or for import or export, fish products from IUU fishing, for other cases provided in the aforementioned paragraphs of this Article | Five times the value of fish products and also confiscation of these products |
| Paragraph B - the Fisheries Inspectorate has the right to set fines for administrative contraventions provided for in the present article of this Law | ||
| Paragraph C - fine enforcement procedures are set up pursuant to Law No. 10 279 of 20 May 2010 on administrative offences | ||
Article 204 of Law No. 44/2019 sets forth the measures taken against fishing during closures, using forbidden tools, in forbidden places and by unlawful means. Such acts are punishable by a fine or imprisonment of up to three months. Fishing undertaken with risk tools like explosives, poisonous substances, etc. is punishable by a fine or imprisonment of up to two years.
Relevant GFCM decisions:
- Recommendation GFCM/33/2009/8 on the establishment of a list of vessels presumed to have carried out illegal, unreported and unregulated fishing in the GFCM area of application repealing Recommendation GFCM/30/2006/4
- Recommendation GFCM/43/2019/8 on the establishment of a list of vessels presumed to have carried out illegal, unreported and unregulated fishing in the GFCM area of application, amending Recommendation GFCM/33/2009/8
Other relevant information
In the frame of the UNODC Global Maritime Crime Programme, on 19 June 2002 Albania ratified the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation.
Regarding the Container Control Programme (CCP), the UNODC-WCO CCP in South Eastern Europe is supporting the government of Albania. The first Port Control Unit (PCU) has been established in the seaport of Durres (Albania), since 2014.
Albania ratified the United Nations Convention against Transnational Organized Crime on 21 August 2002 and approved Law No. 10192 of 3 December 2009 on Prevention and Fight against Organized Crime.
The ILO Work in Fishing Convention, 2007 (No. 188) is not yet signed by Albania.
AQUACULTURE
The Albanian experience in extensive and semi-intensive aquaculture began in the early 1960s. During this decade, construction started on the first carp hatcheries and later on a trout hatchery in Pogradec at the Ohrid Lake. These hatcheries were used for restocking carp fingerlings in natural and artificial lakes and reservoirs, while the trout fry hatcheries were stocked in the Ohrid Lake.
For the first time, in 1978, rainbow trout was imported from Italy. In the early 1980s, a hatchery and a trout farm with a total area of about 5 hectares were constructed in Saranda. The hatchery reached an annual average production of 1 million fingerlings and the trout farm produced around 300 tonnes. During these years (1981-1988) many farms and hatcheries of fish species in the carp family (24 hatcheries with a total area of 210 hectares) were constructed. Fingerling production was around 30 million per year and they were used to restock natural and artificial lakes as well as various fish growing farms. Until the late 1980s, all aquaculture farms were state-owned and there were only two technological guidelines to support aquaculture activities.
At the start of the 1990s, the first initiatives to develop aquaculture activities as a private-owned enterprise began in Albania. The development of a suitable legal framework was also required to meet the needs of the private sector in this area. The contemporary Albanian aquaculture legislation begins with Law No. 7908 on Fishery and Aquaculture 1995, based mainly on the principles of the FAO Code of Conduct for Responsible Fisheries. This law contains only four Articles (27-30) related to aquaculture: Aquaculture License (Article 27), Terms of aquaculture license (Article 28), Duration of the license (Article 29) and Modifications in farms (Article 30).
The rapid development of the aquaculture sector by the end of 2000, together with Albania’s obligations stemming from its participation in RFMOs and its orientation towards the EU, required that a new legal framework be developed for this sector. A specialized law on aquaculture was further necessitated by open or hidden conflicts between aquaculture operators and other land or water users, developments in the tourism sector and the advancement of legally required environmentally friendly actions related to environmental protection and conservation.
Law No. 103/2016 on aquaculture, of 20 October 2016, complements the legislative part regulating aquaculture activities by creating opportunities for the development of this sector in accordance with the world's best practices, including those of the EU Member States. This Law is divided into 11 sections and contains 52 Articles. The novelty of this Law, based on the experience of EU Member States, lies in its planning method for aquaculture development. It is based on the recommendations of the GFCM Scientific Advisory Committee on Aquaculture (CAQ) and the concept of Allocated Zones for Aquaculture (AZA). This process involves a spatial planning or zoning system, implemented at the local and/or national level.
Administrative authorizations and licenses
Based on Law No. 103/2016 on aquaculture, surfaces defined by the AZA are subject to a public competition for the best model of aquaculture development within the framework permitted by the AZA. Public competition excludes those areas that are privately owned, which may be included as areas where the development of aquaculture is a priority. This process allows for the selection of the best projects for responsible development of aquaculture.
There are several Articles in Law No. 103/2016 on aquaculture regarding administrative authorizations and licenses, namely Articles 8, 9, 10, 13, 15, and 16.
Interactions between aquaculture and the environment
Articles 28-31 and 34-35 of Law No. 103/2016 on aquaculture set environmental standards in accordance with legislation in the fields of environment, nature conservation and biodiversity, in relation to aquaculture activities.
Allocated zones for aquaculture
The AZA-related legislation is based on the GFCM Recommendations issued by the GFCM CAQ. It includes a spatial planning or zoning system implemented at the local and/or national levels, and it is described in Articles 4-7 of Law No. 103/2016 on aquaculture.
In accordance with Council of Ministers Decision No. 113, date 17.2.2021 “On the approval of the policy guide document on allocated zone for aquaculture (AZA) in Albania”, which identify the areas where marine aquaculture activities can be carry out. Until now only AZA for bluefin tuna cage farming in Saranda area is approved. The other AZA will be approved in the future.
Relevant GFCM decisions:
- Resolution 36/2012/1 on guidelines on Allocated Zones for Aquaculture (AZA)
- Recommendation GFCM/41/2017/1 on the reporting of aquaculture data and information repealing Recommendation GFCM/35/2011/6
- Resolution GFCM/41/2017/1 on a strategy for the sustainable development of Mediterranean and Black Sea aquaculture
- Resolution GFCM/41/2017/2 on guidelines for the streamlining of aquaculture authorization and leasing processes
Upload information in GFCM-lex:
- To upload a new national legislation in GFCM-Lex, please submit the information in the following online form: GFCM-Lex National Legislation Update
- To upload new information in a Country Profile, please submit it in the following online form: GFCM-Lex Country Profile Update
