Fishing may be conducted in Tunisian waters by fishing units of Tunisian nationality and by foreign fishing units authorised for purposes of research, apprenticeship or extension services. Legal persons are deemed to be of Tunisian nationality and eligible for authorisation if they meet the following conditions: (i) they are constituted in accordance with Tunisian law; (ii) their corporate headquarters is in Tunisia; (iii) more than one  third  of  their  capital  is  held  by  natural  or  legal  persons  of  Tunisian  nationality  and consists  of  registered  shares;  (iv)  their  board  of  directors,  governance  or  oversight  body comprises  representatives  of  Tunisian  individuals  or  legal  persons  in  proportion  to  their shareholding  interest  in  the  company;  and  (v)  their  activity  is  limited  to  fishing  in  the northern  zone  and  on  the  high  seas.  For  "fixed  fisheries",  defined  as  bodies  of  water belonging to the public domain on which facilities and equipment are established to permit exploitation  for  fishing  purposes,  an  authorisation  may  be  granted  to  legal  persons  whose capital is held entirely by individuals of Tunisian nationality.
"Art. 2. - For the purposes of this law, the following terms are understood to mean:
1) "Fishing" any activity aimed at the capture, collection, extraction or breeding of organisms for which water constitutes the permanent or predominant living environment. [...]
3) "Fishing unit" any vessel armed for fishing or armed for fishing and engaged in it.
4) "Competent authority" the Minister responsible for fisheries or his representative.
5) (new) [amended by Law n° 2010-21 of April 26, 2010] "Tunisian waters": waters subject to Tunisian sovereignty or jurisdiction, including internal waters, territorial waters, the continental shelf, the exclusive fishing zone and exclusive economic zone. [...]
7) "Fixed fisheries": bodies of water in the public domain on which installations, gear and equipment are established which can be used for fishing purposes.
[...]
Art. 3. - Fishing is practiced in Tunisian waters by:
1) Tunisian nationality fishing units.
2) Foreign fishing units authorized for this purpose for the purposes of research, training or extension.
The competent authority will set the conditions for granting these authorizations.
Article 3 bis. [added by Law n° 99-74 of July 26, 1999] - Legal persons fulfilling the conditions provided for by article 25 (new) of this law are considered to be of Tunisian nationality if their activity is limited to the exercise of fishing in the northern zone and on the high seas.
[...]
Art. 23. - The establishment of fixed fisheries is subject to obtaining prior authorization from the competent authority.
This authorization fixes in particular the site of the fishery, its dimensions, the installations which can be established there, the conditions of its exploitation and the royalties due by the beneficiary.
Art. 24. - Authorization can only be granted:
- to natural persons of Tunisian nationality;
- public establishments and national companies;
- to legal persons whose capital is wholly owned by natural persons of Tunisian nationality.
Article 25 (new) [amended by Law n° 97-34 of May 26, 1997] - By way of derogation from the provisions of the aforementioned article 24 and for the realization of aquaculture projects, are considered of Tunisian nationality and the authorization can be granted to them, the legal persons meeting the following conditions:
1 - be constituted in accordance with the laws in force in Tunisia,
2 - have their head office in Tunisia,
3 - have more than a third of their capital held by Tunisian natural or legal persons and composed of registered securities,
4 - have their board of directors, management, or supervision, made up of representatives of Tunisian natural or legal persons up to the rate of their participation in the capital of the company.[...]" (Law on fisheries (n°94-13 of 31 January 1994), last amended by Law n° 2013-34 of 21 September 2013, Articles 2, 3, 3 bis, 23, 24 and 25 [google translation])
Law on fisheries (n°94-13 of 31 January 1994), last amended by Law n° 2013-34 of 21 September 2013, Articles 2, 3, 3 bis, 23, 24 and 25
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