This Legislative Decree approves the Cape Verde Maritime Code, which regulates national maritime zones, ships, vessels and related equipment, including prevention of marine pollution. In addition, it specifies the legal situations and relationships created during sea navigation and maritime transport, applicable to all ships navigating within the territorial waters of Cape Verde, whatever the nationality of the ship or the nationality and residence of its owners or shipowners and definition of the limits of the territorial sea of Cape Verde. The Code is divided into the following twelve Books: General provision (I); Maritime Zones and Navigation Regime (II); Ports (III); Ships, Vessels and related Equipment IV); Vessel Owners (V); Economic Order of Maritime Transport (VI); Ship Contracts and Auxiliary Contracts (VII); Risks at Sea and Navigation Accidents (VIII); Global Limitation of Liability (IX); Maritime Insurance (X); Maritime Procedures XI); Administrative Offences and Sanctions (XII). In addition, it amends Book III of the Commercial Code, relating to Maritime Law, approved by the Letter of Law of 28 June 1888, and repeals several legislation related to Maritime Law. Book 2 deals with Marine Zones and Navigation Regime. Article 36 establishes that unless expressly authorized by the maritime administration, fishing by foreign vessels in inland waters, in maritime waters and in the territorial sea is prohibited, and any fishing activity carried out by such vessels in said territorial zones is not considered harmless. It is under the responsibility of the maritime administration or entity designated by the Government to ensure that, in the use of rights and compliance with duties, in the Exclusive Economic Zone, foreign vessels respect the rights of the State and comply with the provisions of this Code and of fishing legislation, with respect for the international right. Article 145 specifies that fishing vessels are those equipped or used commercially in the fishing industry, for the capture of aquatic and fish species, marine plants or other living resources of the sea, or for the transport or transformation of the species caught by the main vessels.
Кабо-Верде · 2010-11-15