After the approval, in 2017, of the Fisheries Policy of Cuba, in correspondence with the transformations experienced in this area, and as part of the implementation of the country’s Economic and Social Policy Guidelines, it was essential to update the current legal framework and adjust it to the times.
Hence, the proposed law to order fishery resources under the principles of conservation, sustainable use, a preventive approach, implementation of scientific-technological criteria, and protection of ecosystems, in line with national and international standards and food security and sovereignty precepts.
According to the grounds of the draft bill, there are several political, economic, and social premises that support this regulation, which stemmed from a Council of Ministers proposal.
Noted is, for example, that the core current regulation in this field, Decree-law No. 164, Fisheries Regulation, 1996, is obsolete in the face of current conditions, and insufficient for confronting illegal fishing and preserving fishery resources.
The proposed law is structured into chapters and sections and consists of 27 articles and seven final provisions. The umbrella objective focuses on the establishment of regulations for the proper ordering, administration, and control of fishing, on the basis of the conservation and rational use of hydrobiological resources in sea, river, and lake waters of Cuba, in order to contribute to the food sovereignty of the nation.
According to the proposed bill, fishing can only be carried out by Cuban or foreign individuals or legal entities that possess the corresponding authorization for such purposes. Excluded from this requirement is fishing that is practiced freely by national or foreign individuals from the coast or natural shores, using rods or reels, ropes and hooks, without the aid of water craft.
Regarding fishing authorizations, the proposed law specifies that they are issued through licenses, concessions and permits, by the competent authority, based on previous state assessment of resources. The holder is authorized to carry out a certain fishing activity under the conditions and requirements established for that purpose.
The draft bill also stipulates that the requirements for undertaking fishing and the use of approved methods and tackle, as well as the provisions regarding the final destination of catches, and other requirements related to each fishing modality, are set out in the Regulation and in the resolutions dictated by the Minister of Minal.
Similarly, everything related to fishing areas, which are determined by the Council of Ministers, is set out, while the management and handling of fishery resources in these areas is the responsibility of the Minister of Food Industry.
In addition, it is clarified that, within these zones, the practice of fishing may be limited or totally prohibited in some places, due to state interests related to the defense of the country or the environment.
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