Türkiye (Eng)

From GFCM Regional Repository of National Legislation (GFCM-lex)
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Capital Ankara
Official language Turkish
Area Europe/Central Asia
Maritime area Mediterranean and Black Sea
GFCM reference institutions involved in the fisheries and aquaculture sectors - The Ministry of Agriculture and Forestry is the main institution responsible for fisheries and aquaculture management through the General Directorate of Fisheries and Aquaculture and other related General and Provincial Directorates.

-The State Statistics Institute collects and monitors fisheries- and aquaculture-related data in collaboration with the Ministry of Agriculture and Forestry.

Number of operating vessels - 15 352 fishing vessels operating in marine waters and 2 740 fishing vessels operating in inland waters.

-The proportion of fishing vessels operating in marine waters that are below 12 metres in length is 89.8% and the proportion in inland waters is 97.6% (2018).

Percentage / number of workers - There are 155 619 employees engaged in the agriculture, forestry and fisheries sector and 9 062 (6%) work in the fisheries sector (2017). Moreover, 5% of registered businesses in the agriculture, forestry and fisheries sector are accounted for by fisheries and aquaculture and 85% of registered businesses are small-sized enterprises with 1–9 employees.

- There are 1 881 inland and 427 marine aquaculture facilities employing a total of 10 500 persons.

Average landings in tonnes -  The annual landing of marine fish for intended use is 374 597 tonnes, and that of other sea products is 56 846 tonnes (2019).
Capture production (%) - Capture production accounts for 431 572 tonnes in marine waters and 31 596 tonnes in inland fisheries and the total aquaculture production both in marine and inland waters comes to 373 356 tonnes. 44.6% of total production comes from aquaculture.

- The total number of fish farms is 2 127 in both marine and inland waters. 1 332 out of the 2 127 have a capacity of less than 50 tonnes (2019).

Trade of fish product (imports and exports) in tonnes / in value (€) - Export of fish products: 200 226 tonnes/€ 935.5 million

- Import of fish products: 90 864 tonnes/€ 173 million (2019).

Top 5 most important species - Fisheries: Anchovy, European pilchard (Sardine), horse mackerel, Atlantic bonito and bluefish

- Aquaculture: Sea bass, sea bream, rainbow trout, pearl mullet and silver carp


BACKGROUND INFORMATION

Historical background

Development programs have been carried out in the field since the Republican period because of the great potential of inland and marine fisheries in Türkiye. Fresh fish exports began in 1925 for the first time. The Marmara School of Fisheries was established in 1928 by the Ministry of Education on Marmara Island and became a pioneering vocational training institution in the country.

Mustafa Kemal Atatürk, founder of the Turkish Republic, stressed the importance of the fishing industry and the trade of fish products during his speech to the General Assembly in 1936. Thereafter, fisheries have always been included in the development agenda of Türkiye, with an emphasis on industrialization in the 1940s; diversity of fish resources and financial support to fishers in the 1950s; cost-effective, quality and increased production of fish and aquatic resources, as well as healthy nutrition and employment in the 1960s; and an increase in catch quota and subsidies and tax reductions in the fisheries industry in the 1970s. The Meat and Fish Authority was established in 1952 to strengthen organization in the fisheries and aquaculture sector.

Culture-based fisheries represents a promising sector, experiencing rapid development since 1985. The fish species produced include trout, sea bream, sea bass, crustaceans and molluscs. In 2002, 83 percent of annual production was obtained through marine fisheries and 10 percent through fish farming. By 2014, production through marine fisheries had decreased to 49 percent owing to a large increase in fish farming. Türkiye plays an important role in the global aquaculture market because of its strategic location and the growth potential of its markets.

Participation in international treaties, including membership in relevant regional fisheries management organizations

Türkiye gives utmost importance to the United Nations (UN) and all major issues on its agenda. Türkiye has ratified almost all of 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.

International treaties
Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA) Ratified in 29/04/2018
FAO  Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas -
United Nations Convention on the Law of the Sea -
Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks -

As a member of the Food and Agriculture Organization, Türkiye signed the Agreement establishing the General Fisheries Commission for the Mediterranean (GFCM) and became a member of the GFCM on 6 April 1954. On 04 July 2003, Türkiye was accepted as a member of the International Commission for the conservation of Atlantic Tunas (ICCAT).

Membership in regional fisheries management organizations
General Fisheries Commission for the Mediterranean (GFCM) of the FAO 06 April 1954
International Commission for the Conservation of Atlantic Tunas (ICCAT) 04 July 2003

National maritime delimitations

Türkiye is bordered by the sea on three sides and boasts a rich and diverse marine coastline of 8 333 kilometres supporting many economic activities. Marine capture fisheries account for the majority of total capture from all the seas surrounding the country. The breadth of Turkish territorial waters is six nautical miles in accordance with Article 1 of the Act No. 2674 of 20 May 1982, on the Territorial Sea of the Republic of Türkiye. Turkish territorial sea extends 6 nautical miles into the Aegean and 12 nautical miles into the Black Sea and the Mediterranean. Türkiye is not a party to the UN Convention on the Law of the Sea. Therefore, territorial seas are delimitated through bilateral or multilateral agreements with other riparian countries, as stated in the Article 3 of the Act No. 2674 on the Territorial Sea of the Republic of Türkiye.

Regarding the Aegean Sea and the Mediterranean, there is no mutually accepted agreement on maritime delimitation.

FISHERIES

Small-scale Fisheries

In Türkiye, there are several active pieces of legislation regarding small-scale fisheries, described below:

Presidential Decree No. 1691 on agricultural support, signed in 2019, lays down rules to extend eco-friendly agricultural production, increase efficiency and quality, support research and development projects, ensure efficiency of the implementation of policies, find solutions for the sector's problems of priority, ensure sustainability and productivity and maintain updated agricultural information. This Decree provides agricultural subsidies to farmers registered in the system and engaged in plant production, soil analysis, organic farming, apiculture, family farming, hazelnut production, production in agricultural basins, production of animal feed, cattle breeding, disease-free hatcheries, animal reproduction, in-situ conservation, aquaculture, inland fisheries, rehabilitation of olive cultivation areas and the use of nationally certified seeds and saplings, standardized seeds, good agricultural practices, organic and organo-mineral fertilizers, drop irrigation, biological control agents and vaccination. The provisions of this Decree are governed by the Ministry of Agriculture and Forestry.

The Ministry of Agriculture and Forestry has issued Notification No. 2019/47 on registration of and support on coastal fishing, Notification No. 2019/57 on state support for breeding trout in disease-free trout hatcheries, Notification No. 2019/11 on the support for good agricultural practices in aquaculture, and Notification No. 2019/56 on state support for aquaculture in order to support smallholders in the fields of fisheries and aquaculture.

According to the data provided by the official website of the Ministry of Agriculture and Forestry, 87 percent of the fishing fleet engaged in marine and inland fisheries consists of fishing vessels below 10 metres. However, the share of these fishing vessels in total production remains around 10 percent and most small-scale fishers earn their livelihoods through marine and inland fisheries.

The Ministry of Agriculture and Forestry underlines the contribution of small-scale fisheries to food security, rural development, employment and the sustainability of resources. Furthermore, collection of up-to-date data on fishing methods, catch amounts, income and expense information and socio-economic status of fishers are of great importance for fisheries management. As of 2017, the Ministry of Agriculture and Forestry provided financial support to 8 762 small-scale fishers who own licensed fishing vessels operating in inland waters and licensed fishing vessels below 10 metres operating in marine waters. The requirements for the support payment consist of having a licensed fishing vessel and providing accurate, reliable, and up-to-date data in order to ensure sustainable traditional coastal fisheries.

The Sectoral Policy on Fisheries 2019-2023 puts forward strategies to support small-scale traditional fishermen, such as diversifying their livelihood opportunities, preventing illegal fishing, enhancing the capacities of fishers, fish breeders and producers, improving their socio-economic status, enhancing and facilitating subsidies, and providing social protection and health care.

Law No. 7191 amending the Fisheries Law amends Article 17 of Law No. 1380 of 1971 (the Fisheries Law) regarding the establishment of fishing port facilities onshore for the purposes of carrying out fishing- and aquaculture-related services, such as landing, storing, sheltering and maintaining fishing equipment, the control of fishing activities and data collection from fishing vessels. According to the data provided from the official website of the Ministry of Agriculture and Forestry, there are 367 fishing port facilities and 53 fisheries administration buildings in the Black Sea, the Aegean Sea, the Marmara Sea and the Mediterranean.

Relevant GFCM decisions:

Recreational fishing

According to Fisheries Regulation No. 22223, recreational fishing refers to non-commercial fishing activities carried out only for recreation and sports purposes. Furthermore, Notification No. 2016/36 on amateur fishing sets forth the procedures and principles of amateur fishing with small tools in non-prohibited areas.

This Notification lays down the procedures and principles of amateur fishing and the allowed fishing gears and methods in non-prohibited areas for non-commercial, recreational, and sports purposes. This Notification sets forth provisions on amateur fishing for national and foreign fishers in inland waters and at sea, prohibited inland and marine recreational fishing areas, amateur fishing licensing, prohibited species, invasive species, ecologically harmful species, minimum size limits, total allowable catch and time restrictions in marine and inland recreational fisheries.

Foreign residents, official guests and foreigners may apply for amateur fishing license. In such a case, a guest amateur fishing license shall be issued by the Provincial Directorate of Fisheries and Aquaculture for two years. The guest amateur fishing license template is attached to the Notification as Annex-II.

Foreign tourist amateur fishers may be engaged in inland, marine, and coastal fisheries by boat through those who have an amateur fishing tourism permit and by obtaining fishing slips from the Provincial and District Directorates of Fisheries and Aquaculture. A fishing slip template is attached to the Notification as Annex-III. Foreign tourist amateur fishers do not require permission or other documents in order to take part in amateur or sportive fishing competitions and fishing at sea, happening only on shores.

Access regime to fisheries resources

The main legislation governing the access to fisheries resources is the Fisheries Law , Law No. 7191 amending the Fisheries Law and Fisheries Regulation No. 22223 of 1995, which sets forth a licensing system for fishing vessels and fishers.

Authorizations and licensing schemes

Access to fisheries resources requires a fishing license issued by the competent authority, in accordance with the Article 3 of the Fisheries Law. The access regime applies to national and foreign fishers as well as to national vessels. Foreign vessels are prohibited from fishing for commercial purposes within Turkish waters (Article 21 of the Fisheries Law ). Law No. 7191 amending the Fisheries Law amends Article 3 of the Fisheries Law and requires the issuance of fishing licenses for national and foreign fishers as well as for fishing vessels and other vehicles engaged in fisheries and aquaculture. The competent authority for issuing, renewing or cancelling fishing licenses and permits is the Ministry of Agriculture and Forestry.

The rules and procedures for obtaining a fishing license are included in Article 4 of the Fisheries Regulation. According to that article, the owner or charterer of a vessel submits an application for a fishing license to the competent authorities. Individual license-holders are only allowed to fish in licensed fishing vessels (Article 47 of Notification No. 4/1 on commercial fishing).

The Provincial and District Directorates of Fisheries and Aquaculture issue fishing licenses for recreational fishing to national fishers for a period of five years (Article 6 of the Fisheries Regulation, Article 4 of Notification No. 4/2 on amateur fishing). Foreign residents and tourists may be entitled to amateur fishing license for a period of two years as long as they meet the requirements mentioned in Article 5.

Notification No. 2019/47 on registration of and support on coastal fishing lays down rules for the registration of updated socio-economic data on coastal fishing in inland waters and at sea, in order to ensure sustainable fisheries. This Notification applies to licensed fishing vessels below 10 metres at sea and to every licensed fishing vessel in inland waters. This Notification sets forth provisions on the application procedures for subsidies, the duties and obligations of the Provincial and District Directorates, and the transfer of funds.

Recreational fishing licenses are issued by the Provincial and District Directorates of Fisheries and Aquaculture. The amateur fishing license template is attached to Notification No. 2016/36 as Annex-I. Voluntary amateur fishing organizations may apply collectively for their members' licenses. Amateur fishing licenses are valid for five years.

Fishing opportunities

Total allowable catch (TAC) for each fish species is determined by the Ministry of Agriculture and Forestry in accordance with the Article 16 of Notification No. 4/2 on amateur fishing. Moreover, total allowable catch of Bluefin tuna, white sand mussels, blue cod and eel is determined by the Ministry of Agriculture and Forestry in accordance with Articles 21, 27 and 40 of Notification No. 4/1 on commercial fishing.

Notification No. 2017/3, specifying the fishing vessels for Bluefin tuna and their fishing quota allocation, contains provisions on the total number of permitted vessels, quota allocation according to the size of the vessels, procedures of fishing license, liabilities of the owners of the vessels, fishing restrictions, fishing seasons, monitoring and control of catches, and authorities and inspection of the related institutions.

For the Black sea, the GFCM has recently fixed TAC for fishing turbot divided among the coastal countries. Recommendation GFCM/43/2019/3 is setting the TAC for 2020-2022.

Relevant GFCM decisions:

Conservation and management measures

Area and time restrictions

Fisheries Regulation No. 22223 sets forth general restrictions for fishing area and time in Article 16 and specific restrictions in Article 17. Moreover, Notification No. 4/1 (2016/35) on commercial fishing lists the restricted fishing areas in the Mediterranean in Article 4, in the Aegean Sea in Article 5, in the Marmara Sea in Article 6, in the Black Sea in Article 7, and in other areas in Article 8. Notification No. 4/2 on amateur fishing lists the restricted fishing areas in inland waters in Annex V and partially restricted fishing areas in inland water in Annex VI, and restricted fishing areas at sea in Article 18. Temporal closures for each fish species are listed in Article 12 for inland water and in Article 16 for marine area.

List of restricted fishing areas
Decision/Article Provision Duration
I. Notification 4/1 Regulating commercial fishing Valid since the notification is amended or repealed
Article 4 Area restrictions in the Mediterranean
Article 5 Area restrictions in the Aegean Sea
Article 6 Area restrictions in the Marmara Sea
Article 7 Area restrictions in the Black Sea
Article 8 Restrictions for other areas
Article 18 Time restrictions for fishing of anchovy, sardine and horse mackerel
Article 19 Time restrictions for fishing of atlantic bonito
Article 20 Time restrictions for fishing of turbot, common sole and atlantic halibut
Article 21 Time restrictions for fishing of bluefin tuna
Article 22 Area and time restrictions for fishing of bullet tuna and albacore
Article 23 Time restrictions for fishing of amberjack and bonefish
Article 24 Time restrictions for fishing of swordfish
Article 25 Time restrictions for fishing of dusky grouper and white grouper
Article 26 Area and time restrictions for fishing of prawn
Article 27 Area and time restrictions for catching bivalve molluscs
Article 28 Area and time restrictions for catching periwinkle and trepang
Article 29 Area and time restrictions for catching common spiny lobster, European lobster and blue crab
Article 30 Time restrictions for catching common octopus
Article 31 Area and time restrictions for catching algae and sponge
II. Notification 4/2 Regulating amateur fishing Valid since the notification is amended or repealed
Article 12 Time restrictions are shown in Chart 6
Article 13 Prohibited fishing areas in inland waters are shown in Annex 5 and area restrictions in inland fisheries are shown in Annex 6
Article 16 Time restrictions in marine fisheries are shown in Chart 7
Article 34 Area prohibitions in inland fisheries
Article 35 Area restrictions in inland fisheries

Relevant GFCM decisions:

Minimum sizes

Fisheries Regulation No. 22223 sets forth general restrictions in Article 16 and states that minimum weight and height for each fish species shall be determined through the Notifications. Thereby, minimum sizes for each species are listed in Article 17 of Notification No. 4/1 on commercial fishing as well as in Article 12 for inland water and in Article 16 for marine areas of Notification No. 4/2 (2016/36) on amateur fishing.

Fisheries minimum size
Commercial name Scientific name Minimum size
Amberjack Lichia amia 40 cm
Anchovy Engraulis encrasicolus 9 cm
Atlantic bonito Sarda sarda 25 cm
Atlantic mackerel Scomber scombrus 20 cm
Blue crab Callinectes sapidus 13 cm
Bluefish Pomatomus saltatrix 18 cm
Bluefin tuna Thunnus thynnus 115 cm
Carpet shell Tapes decussatus, Tapes philippinarum 30 cm
Chub mackerel Scomber japonicus 18 cm
Common dentex Dentex dentex 35 cm
Common sole Solea solea 20 cm
Common pandora Pagellus erythrinus 15 cm
Common two-banded sea bream Diplodus vulgaris 18 cm
European bass Dicentrarchus labrax 25 cm
European hake merluccius merluccius 20 cm
European Pilchard / Round Sardinella Sardina pilchardus / Sardinella aurita 11 cm
Goldband goatfish Upeneus moluccensis 10 cm
Golden grey mullet Liza aurata 30 cm
Greater amberjack Seriola dumerili 30 cm
Horse-mackerel Trachurus trachurus, Trachurus mediterraneus 13 cm
Little tunny Euthynnus alletteratus 45 cm
Lobster Homarus gammarus 25 cm
Meagre Sciana umbra 25 cm
Merling Merlangius merlangus 13 cm
Mullet (Others) Mugil (Oedalechius) labeo, Chelon labrosus, Liza ramada, Liza saliens 20 cm
Octopus Octopus vulgaris - cm
Oyster Ostrea edulis 6 cm
Plaice Pleuronectes spp. 20 cm
Red mullet Mullus barbatus 13 cm
Red scorpionfish Scorpaena scrofa 15 cm
Red striped mullet Mullus surmuletus 11 cm
Rock lobster Palinurus vulgaris 25 cm
Sea bream Sparus auratus 20 cm

Relevant GFCM decisions:

Protected species

Protected species are listed in Article 16 of Notification No. 4/1 on commercial fishing and in Article 7 of Notification No. 4/2 on amateur fishing. Both articles stress on the prohibition of catching these species neither in inland and maritime waters.

Marine protected species
Name Scientific name
Abalone Haliotis lamellosa
Basking shark Cetorhinus maximus
Black tree coral Gerardia Savaglia
Common spider crab Maia squinado
Coruh trout Salmo coruhensis
Cushion star Asterina pancerii
Doctor fish Garra rufa
Dolphin and whales Cetacea
Eagle rays Myliobatidae
European cerith Cerithium vulgatum
Mediterranean monk seal Monachus monachus
Mediterranean tapeweed Posidonia oceanica, Zostera nolti
Pen shell Pinna nobilis
Piked dogfish Squalus acanthias
Porbeagle shark

Lamna nasus

Red coral Corallium rubrum
Sandbark shark Carcharhinus plumbeus
School shark Galeorhinus galeus
Screw shell Gourmya yulgata
Sea turtle Caretta caretta, Chelonia mydas, Dermochelys coriacea, Trionyx triunguis
Shark Squatina oculata, Squatina squatina, Squatina aculeate, Rhinobatos rhinobatos,
Rhinobatos cemiculus, Oxynotus centrina, Mobula mobular, Mobula japonica,
Alopias vulpinus, Isurus oxyrnchus, Raja clavata, Squalus blainville
Short-snouted seahorse Hippocampus hippocampus
Sturgeon Acipencer spp.
Yellowbelly grouper Epinephelus marginatus

With Decree No. 1996/8125 of the Council of Ministers on ratifying the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), Türkiye approved CITES and promoted international cooperation against overexploitation through international trade. A Regulation on the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES Regulation) lays down the procedures and principles for CITES permits and certificates for the export, re-export, import, and introduction of wild flora and fauna species from the sea included in appendices I, II and III.

The CITES Regulation sets forth in Article 40 the arrangement of sanctions and defines offences concerning CITES certificates, false declarations, falsification of certificates and the like. The penalties found in the Turkish Penal Code, in Law No. 5607 on Anti-Smuggling, or in the Customs Law are also applied depending on the severity of the prohibited act. Moreover, in case of injury, damage to health, or cruel treatment to flora and fauna species within the scope of the CITES Regulation, the administrative fines in Article 20 are applied in accordance with Article 9 of Environmental Law No. 2872. Notification No. 2011/1 on the international trade of Endangered Species of Wild Fauna and Flora (2017) provides for the control of the international trade of wild flora and fauna species listed in appendices I, II, and III of the CITES Regulation. This Notification covers the procedures and principles regarding the control of foreign trade in order to ensure the sustainable use of wild flora and fauna, whose customs tariff statistical positions (GTIP) and names are indicated in the lists. Notification No. 2016/35 on commercial fishing lists protected species in Article 16, including some wild fauna species listed in appendices I and II of the CITES Regulation, such as sturgeons, seals, basking sharks, eagle rays, thresher sharks, seahorses, and freshwater eels.

Relevant GFCM decisions:

Fishing gear and methods

The restrictions on the use of certain fishing gear and methods are described in Section 3 of Notification No. 4/1 on commercial fishing. Restricted fishing areas in the Mediterranean, the Black Sea and the Aegean Sea and time closures for trawls, bottom trawls, midwater trawls, surrounding nets, light trawls, drag-net trawls, and purse seines are listed in Articles 9, 10, 11, 12, 13, 14, and 15. Moreover, the Notification No. 4/2 on amateur fishing states that fishing by electrocution, electroshock, gas, compressed air, bow and arrow, hunting rifle, sledgehammer and other similar fishing gears is prohibited.

Prohibited fishing gear and methods
Prohibited gear Prohibited methods
I. Notification 4/1 Regulating Commercial Fishing
Article 9 – Trawling in certain areas
Article 13 – Fishing with light
Article 10 – Bottom trawling
Article 11 – Midwater trawling
Article 12 – Surrounding nets in certain areas
Article 14 – Other fishing gears in certain areas
Article 15 - multi-hook fishing line

II. Notification 4/2 Regulating Amateur Fishing
Article 14/2 – prohibited gears in inland fisheries
Article 17/2(a) - prohibited gears in marine fisheries
I. Notification 4/1 regulating commercial fishing
Article 13 – Fishing with light

II. Notification 4/2 regulating amateur fishing
Article 14/4 – prohibited methods in inland fisheries
Article 17/2(b) - prohibited methods in marine fisheries

Relevant GFCM decisions:

Bycatch

Article 19 of Fisheries Regulation No. 22223 states that the allowed amount of non-target species that are restricted in terms of size and species and are caught unintentionally shall be determined by Notification No. 4/1 (2016/35) on commercial fishing. In case of bycatch exceeding the allowed amount, all incidentally caught fish shall be retained by the relevant authorities. If the captured fish are alive, they must be returned to the sea as discards. In the event that this obligation is not fulfilled, or the captured fish are not alive, the fisher concerned shall be fined.

Article 17(3) of Notification No. 4/1 (2016/35) on commercial fishing sets the allowed amount of incidental catch in marine fisheries at 5% of the total catch. The prohibited species listed in Article 16 shall not be included in the allowed amount. The allowed amount of non-target catch of shrimp with algarna is set at 15% of the total catch. These limits shall not be taken into account if the incidentally caught fish is just a single individual.

Relevant GFCM decisions:

Other relevant information

All natural and legal persons engaged in the fisheries sector are obliged to provide information and documents upon request of the Ministry of Agriculture and Forestry within the specified period and in the desired manner (Article 28 of the Fisheries Law and Article 11 of Law No. 7191 amending the Fisheries Law ).

Monitoring, control and surveillance measures

Register and vessel identification

One of the duties of the General Directorate on Maritime Affairs and Inland Waters Regulation is to register any kind of vessels and similar sea and inland water carriage and specifying principles and procedures on registration (Article 9 of Legislative Decree No. 655 on Organization and Duties of the Ministry of Transport, Maritime Affairs and Communication). Any kind of load, passenger and open sea fishing vessels used for commercial purposes under the scope of the Law on the Turkish International Vessel Registry and owned by Turkish or foreign residents and companies shall be registered in the Turkish International Vessel Registry (Article 5 of the Law on the Turkish International Vessel Registry).

Relevant GFCM decisions:

Port State measures

Article 21 of the Fisheries Law prohibits commercial fishing by foreign vessels within Turkish waters. However, foreign fishing vessels may be authorized to fish within waters under Turkish jurisdiction for other purposes, such as scientific research. Most importantly, Türkiye ratified the Post State Measures Agreement (PSMA) on 30 March 2018.

Law No. 7191 amending the Fisheries Law makes drastic amendments to the Fisheries Law, with a special emphasis on the prevention, determination and elimination of IUU fishing. This Law inserts an Additional Clause 4 stating that the Ministry of Agriculture and Forestry may develop equipment and systems, such as remote sensing systems, and strengthen cooperation with the relevant national and international organizations in order to collect data, monitor fishing activities and discover illegal acts. Furthermore, an Additional Clause 5 is inserted, setting out the obligation to land all catches in the ports designated by the Ministry of Agriculture and Forestry, with respect to the activities and the size of the fishing vessels, possession of the permit of the Ministry Agriculture and Forestry for the transportation of fish products, and submission of these documents as required. The Ministry of Agriculture and Forestry may issue regulations for the administration and inspection of the fishing port facilities.

The Law on the Coast Guard Command lays down rules for the establishment, duties and authority of the Turkish Coast Guard Command in accordance with relevant international conventions. According to this law, the Turkish Coast Guard Command shall maintain, protect, and monitor maritime security, maritime safety and public order. Their tasks include preventing offences at the Turkish coastline, including in all maritime areas at the junction of land and sea, in the port facilities found in these areas and in any other facilities, marinas, fishing ports, boat yards, fisheries, piers, docks, or similar coastal facilities and moorings supporting them, in internal waters, such as the Marmara Sea, the İstanbul and Canakkale Straits, in seaports, bays, territorial waters, Turkish EEZ, the maritime areas that are under Turkish sovereignty and control pursuant to national and international law, in international waters within the framework of missions for protecting sovereign rights, and in the Turkish Search and Rescue Region declared by the International Maritime Organization within the scope of international conventions.

The Regulation on the organization, duties and authorities of the Coast Guard Command sets out the administrative duties of the Coast Guard Command. These duties include the duty to (1) inspect all kinds of commercial and amateur fishing activities, (2) monitor and inspect activities that may pollute the marine environment in order to prevent marine pollution, (3) ensure safety and security at sea, (4) prevent unlicensed research or drilling and digging activities in order to conserve the cultural and natural properties of the seas, (5) take necessary measures against explosives and hazardous and suspicious materials and to inform relevant authorities in this regard, (6) inspect vessels operating in the field of sea tourism, including domestic and foreign yachts, (7) conduct search and rescue activities within the Turkish Search and Rescue Region, in accordance with national and international law, (8) monitor activities such as scientific research, exploration of hydrocarbon, drilling, installing cable and pipelines, and fishing, (9) prevent illegal activities in the areas under maritime jurisdiction, (10) develop means and capabilities to pursue and monitor with a view to maintaining maritime safety and security, (11) and take measures for the ships carrying dangerous and hazardous cargo while passing through the Turkish Straits.

The Regulation on Fishing Vessel Safety sets forth provisions on the establishment of safety standards for fishing vessels. In particular, it specifies the authorities, duties and responsibilities and the implementation procedures and principles that apply to the safety of fishing vessels at national level. This Regulation applies to Turkish and foreign fishing vessels of at least 24 metres in length operating in Turkish inland and territorial waters and landing their catch in a Turkish port; they are subject to the Torremolinos Protocol. Non-commercial fishing vessels are not covered by this Regulation.

In accordance with relevant national and international law, ships and maritime vessels operating in and around the port are inspected by the port authority within the scope of the flag and port state control procedure. This is done in order to ensure general safety and security, as well as the protection of the environment (Article 38 of the Harbours Regulation).

Relevant GFCM decisions:

Logbook and landing obligations

The Harbours regulation sets out the principles and procedures to be followed by marine vessels when cruising, berthing, mooring near coastal facilities and when leaving the harbour. The Regulation lays down provisions to ensure the safety of navigation, the security of life and property and environmental safety inside the borders of administrative harbour reach.

The Regulation on the establishment of the vessel traffic service aims to improve the safety of navigation, life and property of vessels navigating and anchoring in, approaching, and departing from Turkish maritime jurisdiction or port facilities, thereby protecting the marine environment from the adverse impacts of maritime traffic and enhancing the efficiency of maritime traffic.

Notification No. 2016/18 on fishing vessel monitoring system sets forth provisions on use of equipment installed on fishing vessels, the electronic logbook and as fish inventory.

Relevant GFCM decisions:

Inspection

The Regulation on general inspection and certification of vessels sets forth procedures and principles of inspection and certification in order to ensure that the structure, equipment, systems, fittings, arrangements, and materials of vessels fully comply with the national legislation and international conventions related to maritime safety and the prevention of marine pollution. The duties and authority of the inspectors are to carry out port state control, inspect Turkish-flagged vessels and to issue documents reflecting the results of the control.

The Regulation on implementation of International Ship and Port Security Code is adopted to enhance the security of ships used in international trade and domestic shipping and of associated port facilities by detecting security threats and taking preventive measures against security incidents in the waters under the jurisdiction of Türkiye.

The Regulation on hydrographic survey of sea and inland waters sets forth procedures and principles of hydrographic surveys, aiming to protect the marine environment and the coastal region.

The Turkish Coast Guard Command is responsible for providing maritime security and safety, protecting the maritime environment and resources, and safeguarding national interests at sea. These duties of the Turkish Coast Guard Command are laid down in Law No. 2692 on the Coast Guard Command. The Turkish Coast Guard Command is also required to protect and provide for the security of Turkish coasts, ensure the safety of life and property at sea, observe and inspect the operating conditions of the aids-to-navigation and report any deficiencies observed to the authorities concerned, prevent all kinds of smuggling carried out by way of sea, prevent the actions of vessels and sea craft in violation of the laws on anchoring, mooring, fishing and hoisting the flag and inspect the fishing of aquatic products.

Relevant GFCM decisions:

Vessel Monitoring System

Law No. 7191 amending the Fisheries Law inserts an Additional Clause 4 regarding the development of equipment and systems, such as a remote sensing system, to collect data, monitor fishing activities and discover illegal acts.

Notification No. 2016/18 on fishing vessel monitoring system regulates the monitoring of fishing vessels through GPS and satellite-based systems, which are meant to provide information on the position and activities of these vessels and register the information in a digital environment. This Notification applies to fishing vessels that are above 12 metres and have fishing license.

Relevant GFCM decisions:

IUU fishing regulations and sanctions

Article 36 of the Fisheries Law sets out the administrative fines and sanctions to be imposed on those who do not observe the prohibitions, restrictions, and obligations in this Law and the regulations to be issued pursuant to it. The rules and procedures for imposing administrative fines and sanctions are regulated in Article 11 of Law No. 7191 amending the Fisheries Law and Section 11 of Fisheries Regulation 22223.

The prohibited actions of marine vessels are listed in Article 21 of the Harbours Regulation and the administrative sanctions are regulated by Article 39 of the Regulation amending the fisheries regulation No. 22223. Moreover, Article 39(2) of this regulation underlines that the administrative sanctions shall be determined in accordance with the provisions of Environmental Law No. 2872 in the event of environmental pollution at ports.

Law No. 7191 amending the Fisheries Law lays down strict measures for the prevention, determination and elimination of IUU fishing. Fisheries Regulation No. 22223 was also amended to establish the criteria for determining the upper and lower limits of the administrative fines for the violation of bans, restrictions, and obligations under the Fisheries Law. To this end, this Regulation sets forth administrative fines for the violation of provisions regarding quotas for species, importing living marine and aquatic resources, exporting live endemic or protected species, fish passage, and fishing ports.

Forest Law No. 6831 also regulates certain crimes and penalties related to fisheries and aquaculture. These crimes include the establishment of fish farms at a distance of up to four kilometres from forest borders under the jurisdiction of the General Directorate of Forestry and the establishment of terrestrial facilities and underground storage areas for the breeding of freshwater and marine fishes within the boundaries of public forests without permission (Article18 of Forest Law No. 6831). Investigation into these crimes is conducted in compliance with Forest Law No. 6831 and the Regulation on forestation.

Administrative sanctions
Article Description Fine
33 The Fisheries Law – protection and control of living marine resources, inland waters and the marine environment Search, seizure and administrative fine 500 – 50.000 TRY, in accordance with Law No. 7191 amending the Fisheries Law)
36 The Fisheries Law – contravention to the restrictions, prohibitions and obligations laid down by this Law and its regulation Seizure and administrative fine 500 – 50.000 TRY, in accordance with Law No. 7191 amending the Fisheries Law)
3 The Fisheries Law – Commercial fishing without the fishing license Administrative fine for real persons 1.000 – 5.000 TRY, for owners and operators of fishing vessels and other vehicles 5.000 – 50.000 TRY, in accordance with Law No. 7191 amending the Fisheries Law)
3 The Fisheries Law – Amateur fishing without the fishing license Administrative fine for real persons 250 – 500 TRY, for owners and operators of fishing vessels and other vehicles 500 - 5.000 TRY, in accordance with Law No. 7191 amending the Fisheries Law)
3 The Fisheries Law – Failure to give information and documents within the specified period and in the desired manner Seizure and administrative fine 1.000 TRY in accordance with Law No. 7191 amending the Fisheries Law0)
4 The Fisheries Law – Failure of lessee to comply with the provisions of the Regulation Administrative fine for the Head of the fishing cooperatives or the union of cooperatives and each of the Board Members 2.500 – 25.000 TRY. Administrative fine for real and legal persons 2.500 – 25.000 TRY, in accordance with Law No. 7191 amending the Fisheries Law)
7 The Fisheries Law – Disposal or use of sand or gravel in the fish breeding areas without the permit of the Ministry of Agriculture and Forestry If the act occurs in inland waters 10.000 TRY, if the act occurs in marine waters 20.000 TRY, in accordance with Law No. 7191 amending the Fisheries Law)
9 The Fisheries Law – Failure to comply with the measures taken to protect fish resources in inland waters which are used for irrigation or energy production purposes 5.000 – 50.000 TRY, in accordance with Law No. 7191 amending the Fisheries Law)
13 The Fisheries Law – Establishment of aquaculture facility without permit 10.000 – 100.000 TRY, in accordance with Law No. 7191 amending the Fisheries Law)
19 The Fisheries Law –Failure to comply with the restriction on the use of explosives or hazardous substances Seizure and administrative fine 10.000 TRY, in accordance with Law No. 7191 amending the Fisheries Law)
20 The Fisheries Law – Failure to comply with the Regulation, the restriction to the spill of hazardous substances into the water environments Administrative fine for real persons 5.000 TRY, for owners and operators of factory or other facilities 5.000 - 50.000 TRY, in accordance with Law No. 7191 amending the Fisheries Law)
21 The Fisheries Law – conducting fishing activities by a foreign vessel in the Turkish waters Seizure and administrative fine 20.000 TRY, in accordance with Law No. 7191 amending the Fisheries Law)
22 The Fisheries Law – prevention of fish passages in inland waters 750 TRY, in accordance with Law No. 7191 amending the Fisheries Law)
23 The Fisheries Law – prohibited fishing gears and methods Seizure, suspension and cancellation of fishing license and administrative fine for real persons 1.750 TRY and for the owners and operators of fishing vessels 2.500 TRY. In case of using purse seine, the administrative fine for the owners and operators of fishing vessels is tripled, in accordance with Law No. 7191 amending the Fisheries Law)
25 The Fisheries Law – catching, keeping on board, transiting into a boat or vessel, sales of the prohibited fish species Administrative fines 5.000 – 100.000 TRY, and in case of recurrence, imprisonment for a period of one to three years, in accordance with Law No. 7191 amending the Fisheries Law)
28 The Fisheries Law – Failure to give information and documents within the specified period and in the desired manner 750 TRY, in accordance with Law No. 7191 amending the Fisheries Law)
29 The Fisheries Law – catching with forbidden vehicles and methods used for scientific and technical studies and researches 850 TRY, in accordance with Law No. 7191 amending the Fisheries Law)
Additional Clause 4 The Fisheries Law – Non-installment of equipment or monitoring systems Administrative fine for the owners of aquaculture facilities 5.000 – 25.000 TRY, for the owners and operators of fishing vessels 1.000 – 5.000 TRY, in accordance with Law No. 7191 amending the Fisheries Law)
Additional Clause 5 The Fisheries Law – Failure with the landing obligations Administrative fine for the owners and operators of fishing vessels 1.000 – 5.000 TRY, in accordance with Law No. 7191 amending the Fisheries Law)
Additional Clause 6 The Fisheries Law – Contravention to the restriction of aquaculture activities at sea and in inland waters without the permit of the Ministry Administrative fine for the real persons 10.000 TRY, for legal persons 20.000 TRY, in accordance with Law No. 7191 amending the Fisheries Law)
5 The Law on the Coast Guard Command No. 2692 - authorization of the personnel of the Coast Guard Command to prevent the danger and the commission of criminal offences within and beyond the maritime areas that are under Turkish sovereignty Intervention in accordance with Law of Criminal Procedures No. 5271 and international law
37 The Regulation on the organization, duties and authorities of the Coast Guard Command – administrative duties for the infringement of the provisions of this Regulation, including Article 16 – control over fishing vessels and monitoring commercial and amateur fishing activities, Article 17 - monitoring and inspection of activities that may pollute the marine environment to prevent marine pollution, and Article 22 – protection of cultural and natural properties at seas Search, seizure and administrative sanctions in accordance with the provisions of Law of Criminal Procedures No. 5271 and administrative fines for marine pollution with polluter pays principle in accordance with the Article 20(I) of the Environment Law (494,92 TRY per gross ton for petrol tankers up to 1000 gross ton, between 1000 and 5000 gross ton in addition to previous 124,24 TRY per gross ton, and above 5000 gross ton in addition to all 12,37 TRY per gross ton in 2019. In case of discharge of hazardous substances or waste into the marine environment, administrative fines shall be imposed ten times higher than the anticipated amount.)

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Other relevant information

The Regulation on Occupational Health and Safety on Fishing Vessels (adopted on 20 August 2013) lays down rules for the obligations of employers to improving working and living conditions onboard fishing vessels and to meeting the minimum safety and health requirements for new and existing fishing vessels. This Regulation is drafted in line with Council Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on board fishing vessels.

AQUACULTURE

Türkiye is endowed with rich inland waters and river systems with significant capture fisheries and aquaculture potential. Due to geographic and climatic variations, production in Turkish marine and inland waters by both fishing and aquaculture offers a wide variety different species. Today both freshwater and sea farming play an increasingly important role in the production of fishery products. The three main species are rainbow trout, sea bass, and sea bream.

Administrative authorizations and licenses

Article 13 of the Fisheries Law states that the establishment of aquaculture facilities shall be permitted by the Ministry of Agriculture and Forestry. Moreover, the Additional Clause 6 of Law No. 7191 amending the Fisheries Law lays down the restriction of aquaculture activities at sea and in inland waters without the permit of the Ministry of Agriculture and Forestry.

The Aquaculture Regulation sets forth procedures and principles for the establishment of aquaculture facilities in inland waters. The Aquaculture Regulation aims to ensure food safety and sustainability in aquaculture, increase efficiency, and protect the environment as well as to ensure food safety. The licensing procedures and principles for aquaculture are regulated in Article 9 of the Aquaculture Regulation. Aquaculture facilities shall be inspected regularly by the Provincial Directorate and their reports shall be submitted to the Ministry (Article 23 of the Aquaculture Regulation).

Interactions between aquaculture and the environment

Aquaculture facilities shall meet the requirements specified in the Regulation on Environmental Impact Assessment. Entrepreneurs are obliged to take measures for the protection of the environment, water quality, and human health in accordance with the Article 22 of the Aquaculture Regulation.

Allocated zones for aquaculture

Article 4 of the Fisheries Law is amended by Law No. 7191 amending the Fisheries Law with respect to the leasing and technical conditions of aquaculture facilities in marine waters and inland water environments and of terrestrial production systems under the possession of the state.

The zones at sea are allocated for aquaculture activities by the Ministry of Agriculture and Forestry on the basis of environmental planning that take into account distance between aquaculture facilities, project capacity, water depth, current velocity and aquaculture techniques. The water depth for offshore aquaculture allocated zones must be over 40 metres. The procedures and principles for aquaculture allocated zones for fish hatcheries, net cage culture, and breeding of crustaceans, molluscs and juvenile fish are determined through the Circular of the Ministry of Agriculture and Forestry (Article 5 of the Aquaculture Regulation).

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