Commercial Fishing in Morocco: Licences, Shipowners’ Rights and Legal Risks

Morocco’s fisheries boom brings stricter legal responsibilities

The reported increase of roughly 85% in sardine landings at the port of Laâyoune illustrates the commercial momentum of Morocco’s fisheries industry. The figure must, of course, be read against the reporting period and species covered by the relevant port statistics. Yet the underlying trend is clear: Laâyoune, Dakhla, Tan-Tan and Agadir have become strategic centres for harvesting, landing, processing and exporting seafood.

For fishing companies and vessel owners, higher volumes do not merely mean higher revenue. They also attract closer scrutiny from the Département de la Pêche Maritime, the maritime administration, port authorities, the Royal Navy, the Royal Gendarmerie, customs officials and the Office National de Sécurité Sanitaire des Produits Alimentaires, better known as ONSSA.

Consider a common situation. A Dakhla operator prepares for a profitable cephalopod season, checks the vessel’s seaworthiness and hires the crew, but assumes that an expired fishing authorisation can be renewed after departure. During an inspection, the mismatch is detected. The vessel may then be ordered back to port, the catch can be detained, and a report may be transmitted to the competent prosecutor. Even before a court rules, immobilisation can cost more than the licence, fuel and crew wages combined.

That example reveals a basic truth about Moroccan commercial fishing regulation: compliance is not limited to holding a paper licence. It covers the vessel, authorised fishing area, species, gear, quotas, crew, catch declarations, traceability, food safety and, where exports are involved, the requirements of the destination market.

Legal accuracy warning: several references frequently circulated online are incorrect. The central fisheries text is not a supposed “Law No. 01-02 on the organisation of maritime fishing”. The foundational instrument is the Dahir enacting Law No. 1-73-255 of 23 November 1973 forming the Maritime Fishing Regulations, as repeatedly amended, notably by legislation addressing illegal, unreported and unregulated fishing. Likewise, the EU–Morocco fisheries protocol applied from 2019 to 2023, not from 2019 to 2027.

The legal foundations of commercial fishing in Morocco

The Dahir enacting Law No. 1-73-255 of 23 November 1973

The principal component of the Moroccan maritime fisheries code is the Dahir enacting Law No. 1-73-255 of 27 Chaoual 1393, corresponding to 23 November 1973, which forms the regulations governing maritime fishing. The text has been amended many times, so relying on an old PDF is risky. A legally sound compliance review must use the consolidated legislation together with current decrees and ministerial orders.

Article 2 of the 1973 Maritime Fishing Regulations establishes the core licensing principle: a vessel may not engage in maritime fishing unless it holds the licence issued for that purpose by the competent administrative authority.

This rule has a practical consequence that is sometimes underestimated. A licence is not a general passport to fish anywhere. It is linked to a specific vessel and to the conditions stated in the authorisation or applicable fishery plan. Those conditions may concern the geographical zone, authorised gear, target species, fishing category, operating period and technical characteristics of the vessel.

The 1973 Dahir must be read alongside Law No. 15-12 on the prevention and combating of illegal, unreported and unregulated fishing. That legislation strengthened catch certification, traceability and enforcement against IUU fishing. It matters particularly to exporters because a consignment entering the European market may require documentation showing that the products were harvested lawfully.

Ministerial orders and fishery management plans

The statutory framework does not provide every operational answer. Much of the day-to-day regulation is found in decrees and ministerial orders published in the Official Gazette of Morocco. These instruments establish biological rest periods, minimum sizes, gear restrictions, closed areas and management measures for fisheries such as octopus, small pelagics, shrimp and certain demersal species.

This is where businesses are often caught off guard. A licence valid until the end of the year does not override a biological rest period introduced or extended by ministerial order. Nor does it permit a vessel to use a net whose mesh size has become unlawful.

Many operators first hear about a new quota or closed area during an inspection. A better habit is to monitor the Official Gazette and the publications of the Department of Maritime Fisheries. Larger businesses should designate a compliance officer or instruct legal counsel to provide regulatory alerts. Concretely, that modest expense can prevent weeks of immobilisation.

Morocco’s exclusive economic zone

Morocco established an exclusive economic zone extending up to 200 nautical miles through the Dahir enacting Law No. 1-81 of 8 April 1981. The regime must also be read with the United Nations Convention on the Law of the Sea, ratified by Morocco on 31 May 2007.

Article 56 of UNCLOS recognises the coastal State’s sovereign rights in its exclusive economic zone for exploring, exploiting, conserving and managing natural resources, including living resources.

The Moroccan exclusive economic zone for fishing is therefore not an area of unrestricted access. Moroccan vessels require the appropriate national authorisation. Foreign vessels need a valid treaty basis or another legally recognised authorisation, and they remain subject to the applicable technical, reporting and inspection requirements.

Obtaining a commercial fishing licence in Morocco

Coastal, offshore and artisanal fishing

Moroccan administration distinguishes among artisanal, coastal and offshore fishing fleets. The legal and technical conditions differ according to the vessel’s characteristics, operational radius and target fishery. An artisanal boat operating locally is not regulated in exactly the same way as a refrigerated trawler or an offshore vessel exploiting cephalopods.

A Morocco commercial fishing licence should therefore be understood as a vessel-specific authorisation within a regulated fleet segment. A fishing company may also need approvals relating to acquisition, construction, conversion, importation, registration, flagging and changes in the vessel’s technical characteristics. Buying a vessel does not automatically transfer every administrative right attached to its former operation.

Who may apply?

Access to the Moroccan flag and national fishery resources is governed by Moroccan maritime and fisheries legislation. The applicant’s nationality, corporate form, beneficial ownership and the vessel’s registration must all be examined. A foreign investor cannot safely assume that incorporating a Moroccan company automatically gives unrestricted access to fishery capacity.

Foreign participation may be structured through a Moroccan company or joint venture, but corporate legality and fisheries eligibility are separate questions. The administration will consider the vessel, fleet capacity, relevant management plan and availability of fishing opportunities. Before investing, foreign operators should obtain a written legal opinion on company law, exchange-control rules, taxation, maritime registration and fisheries authorisations.

The application file

The precise file depends on the fishery and the requested operation, but the administration commonly asks for corporate documents, vessel registration papers, tonnage certificates, proof of seaworthiness, ownership or charter documents, insurance information and technical details concerning engines, storage capacity and fishing gear. The identity and qualifications of the master may also be examined.

For a company, the file will usually include its commercial registration, articles of association, representatives’ powers and tax identifiers. Social-security documents may be relevant where crew employment is involved. A landing, processing or export project can require separate port, sanitary and commercial approvals; these are not absorbed into the fishing licence.

1. Verify legal eligibility and available fishing capacity before purchasing or converting the vessel.
2. Confirm registration and seaworthiness with the competent maritime services.
3. Identify the management plan governing the intended species and area.
4. File the application with the competent maritime fisheries delegation and retain a stamped receipt.
5. Answer requests for additional documents promptly, in writing where possible.
6. Check every condition on the issued licence before departure.

Actual cost and timing

There is no reliable universal price for a commercial fishing licence that applies to every Moroccan vessel. Amounts depend on the fleet category, tonnage, fishery, legal basis and current fiscal or administrative schedule. Figures sometimes quoted online—such as MAD 5,000 to MAD 15,000 for a coastal seiner or MAD 20,000 to MAD 50,000 for an offshore trawler—may be budgeting estimates, but they should not be presented as an official tariff without the current joint or regulatory instrument and a calculation issued by the competent delegation.

Ancillary expenditure is real: certified copies, legalisation, technical inspections, translations, corporate amendments, surveys and professional fees can add several thousand dirhams. A vessel purchase or conversion naturally creates far greater costs.

Similarly, businesses should be cautious about a supposedly guaranteed 30-day approval period. A complete and straightforward file may move quickly, but a new offshore project can take several months where technical, capacity, port and fisheries-management issues must be cross-checked. The safest approach is to request the current checklist from the delegation at the home port and begin renewal well before expiry.

I have advised operators facing situations similar to that of a Tan-Tan shipowner whose vessels remained alongside for three weeks during the octopus season because renewal had not been completed. The commercial loss exceeded MAD 300,000—far more than the administrative cost that triggered the problem. The lesson is simple: never build a sailing schedule around an authorisation that has not yet been issued.

Renewal, suspension and changes to the vessel

Licence validity must be checked against the original document and the rules of the relevant fishery. Operators should not assume that renewal is automatic or that silence from the administration extends an expired authorisation. A change of owner, engine, tonnage, gear, vessel name or operating category may require prior approval rather than a later declaration.

A practical renewal file should be opened at least 60 days before expiry, even where no statutory 60-day filing rule applies. Keep evidence of filing, correspondence and any appointment with the delegation. If the administration refuses, suspends or withdraws an authorisation, request a written, reasoned decision so that an effective administrative challenge can be prepared.

Rights of fishing-vessel owners

Access, landing and lawful commercialisation

The rights of fishing-vessel owners in Morocco include the ability to exploit the authorised fishery under the conditions of their licence, land lawful catches and sell them through the prescribed channels. Depending on the species and port, first sale may pass through an official fish market managed within the sector’s institutional framework, including services associated with the Office National des Pêches.

A shipowner also has the right to receive clear information about the conditions attached to an authorisation and to be treated in accordance with legality, equal treatment and proper administrative procedure. This does not mean that a historical fishing activity creates an unlimited acquired right to future quotas. Fish stocks are managed resources, and conservation measures may lawfully restrict access.

Administrative remedies

An operator adversely affected by an administrative decision can seek reconsideration from the issuing authority, lodge a hierarchical complaint and, where the legal conditions are met, bring an annulment action before the competent administrative court.

Article 23 of Law No. 41-90 establishing administrative courts provides the central framework for actions seeking annulment of administrative decisions for excess of power. The ordinary filing period is 60 days from publication or notification of the contested decision, subject to the rules governing prior administrative complaints.

There is no safe generic rule stating that every fisheries inspection report must be challenged within ten days. Deadlines vary according to the nature of the act: an inspection report, licence decision, seizure, administrative sanction and criminal summons are not contested through the same procedure. Immediate legal review is therefore essential.

Compensation and contractual rights

Commercial disputes between shipowners, charterers, suppliers, processors and exporters may fall within the jurisdiction of a commercial court if the statutory conditions are met. Crew and individual employment disputes generally follow different rules before the competent first-instance court. Criminal fisheries offences are dealt with by the criminal jurisdiction of the tribunal de première instance, subject to appeal and review by the Court of Cassation.

Jurisdiction must be assessed claim by claim. A disagreement over fuel supply is not handled like a challenge to a licence withdrawal, and neither is handled like a prosecution for fishing in a closed area.

Shipowners’ legal obligations

Vessel safety and seaworthiness

The first responsibility of an armateur is to place a seaworthy, properly equipped vessel into service. Registration, safety certificates, radio equipment, firefighting appliances, lifesaving equipment, stability and periodic inspections must correspond to the vessel’s category and navigation area.

References to the SOLAS Convention should be made carefully because the convention generally excludes fishing vessels from much of its ordinary scope. Moroccan fishing vessels remain subject to national maritime safety rules and applicable international instruments, including standards relevant to work in fishing. Morocco has ratified the International Labour Organization’s Work in Fishing Convention, 2007 (No. 188), which addresses minimum conditions of work, occupational safety, accommodation, medical care and written work agreements.

Crew agreements and social protection

A written Moroccan fishing-crew agreement is indispensable. It should identify the shipowner, vessel, fisher, capacity in which the person is employed, duration or voyage, remuneration method, food and accommodation conditions, working arrangements, medical protection, repatriation and termination rules. Where remuneration is calculated “à la part”, the formula and deductions must be transparent.

The historic Maritime Commercial Code introduced by the Dahir of 31 March 1919, as amended, remains part of the legal background, alongside labour, social-security and international rules. Crew lists and maritime employment documents must be regularised with the competent maritime administration.

Another correction is necessary here. Law No. 98-15 is not a special law exclusively governing the social protection of artisanal fishers. It concerns compulsory basic health insurance for categories of self-employed persons and non-salaried professionals. Social-security treatment depends on the fisher’s actual status. Salaried crew, share fishers and self-employed artisanal operators should not be placed indiscriminately in the same CNSS category.

Misclassification creates exposure to contribution reassessments, workplace-accident disputes and wage claims. A company using share remuneration should have its contracts, payroll records and CNSS declarations reviewed by a lawyer and an experienced accountant.

Logbooks, catch declarations and traceability

Fishing operators must maintain the records required for their fleet and fishery, including logbook data, catches, species, quantities, fishing areas and landing information. Applicable declarations must be submitted within the prescribed form and deadline. The exact requirement should be checked against the vessel category and current implementing rules rather than reduced to an unverified universal “24-hour form”.

Records must be consistent. Inspectors can compare the logbook, GPS or vessel-monitoring data, landing declarations, fish-market records, invoices, cold-store entries and export certificates. A discrepancy that appears minor in isolation may be interpreted as evidence of under-declaration or an unlawful fishing area.

Environmental duties

Shipowners must respect minimum landing sizes, authorised gear, mesh dimensions, by-catch rules, quotas, closed zones and biological rest periods. The licence does not prevail over conservation measures adopted during its validity.

Before every campaign, management should prepare a short compliance sheet for the master: authorised coordinates, dates, species, quota, gear specifications and reporting contacts. This is more effective than leaving an entire regulatory file onshore.

ONSSA controls and seafood exports

The applicable food-safety framework

ONSSA was created by Law No. 25-08, promulgated by Dahir No. 1-09-20 of 18 February 2009. The broader safety framework includes Law No. 28-07 on food safety and its implementing legislation. Depending on the activity, sanitary rules also apply to vessels, landing sites, auctions, refrigerated transport, cold stores and processing plants.

A fishing licence does not constitute sanitary approval. Conversely, an ONSSA approval does not authorise fishing. The two legal tracks must remain valid independently.

Approval, HACCP and the cold chain

Establishments handling fishery products may require sanitary approval or authorisation from ONSSA. The operator must demonstrate suitable premises, potable water, cleaning procedures, pest control, temperature monitoring, staff hygiene, waste handling and product traceability.

A functioning HACCP plan is central to export compliance. A generic plan copied from another factory is rarely sufficient. It must match the establishment’s actual products and processes: fresh fish, freezing, filleting, canning and fishmeal production do not present identical hazards.

For each export consignment, the required health certification depends on the product and destination. European Union, United States and Japanese requirements are not interchangeable. Exporters must also ensure consistency between health certificates, catch documentation, customs declarations and commercial invoices.

If ONSSA records a serious non-conformity, it may require corrective measures and, depending on the legal basis and severity, suspend or withdraw approval. The operator should request a written report, preserve temperature records, commission appropriate analyses and respond within the stated deadline. A customer’s rejection abroad can rapidly become an administrative, contractual and insurance dispute in Morocco.

Illegal fishing offences, inspections and sanctions

No single three-category penalty table

Online summaries often claim that Law No. 01-02 divides offences into three categories and automatically punishes fishing without a licence with one to five years’ imprisonment. That description should not be relied upon. Moroccan fisheries sanctions arise from the 1973 Maritime Fishing Regulations as amended, Law No. 15-12 and the provision defining the particular offence.

Potential consequences include fines, confiscation of fishing gear or catch, suspension or withdrawal of authorisations, detention or immobilisation of the vessel and criminal proceedings. The penalty depends on the conduct, vessel, recurrence, catch, applicable amendment and whether other offences—such as forgery, obstruction or customs violations—are alleged.

Typical high-risk conduct includes:

• fishing without the required licence or outside its authorised conditions;
• operating in a closed area or during biological rest;
• using prohibited gear or unlawful mesh sizes;
• catching undersized or protected species;
• failing to declare catches or falsifying records;
• obstructing inspection or tampering with monitoring equipment;
• placing illegally harvested products on the market.

What happens during an inspection?

Authorised officers may inspect documents, gear, holds, catches and relevant electronic or navigation records within their legal powers. The master should cooperate without volunteering inaccurate explanations. He should note the officers’ identities, time, coordinates, documents examined, samples taken and any reservations concerning the inspection.

Never sign a report without reading it. If the document is inaccurate or the master does not understand its language, reservations should be recorded before signature where possible. The operator should immediately preserve copies of the licence, logbook, tracking records, photographs, crew statements, invoices and communications with the delegation.

A procès-verbal is not merely an informal warning. Under Moroccan evidentiary rules, reports prepared by duly authorised officers can carry significant probative weight, although they may still be challenged through legally admissible evidence. Waiting for a criminal summons before consulting counsel is usually a mistake.

Which court has jurisdiction?

Criminal prosecutions are generally heard by the competent tribunal de première instance, followed by the court of appeal and, on points of law, the Court of Cassation. An annulment challenge against a fisheries authority’s administrative decision belongs before the administrative court. Contractual disputes between commercial operators may go to the commercial court, depending on the parties and claim.

The defence strategy must separate these proceedings. Successfully challenging an administrative suspension does not automatically terminate a criminal prosecution, while an acquittal may not by itself resolve a contractual claim brought by a buyer.

The EU–Morocco fisheries agreement: the current legal position

The 2019 protocol expired in July 2023

The Sustainable Fisheries Partnership Agreement between the European Union and Morocco and its implementation protocol entered into force on 18 July 2019. The protocol applied for four years and expired on 17 July 2023. It was not a 2019–2027 protocol. During its operation, the overall annual EU financial contribution reached approximately €52.2 million at its final level, combining access compensation and sectoral support, while EU vessel owners also paid fees under the relevant fishing category.

The protocol regulated access categories, technical conditions, reporting, the employment of Moroccan seafarers, landings and financial contributions. Charges were not determined by one universal gross-tonnage formula; the method varied by fishing category and could include vessel-based fees, tonnage-related amounts or payments linked to catches.

The Court of Justice judgments of 4 October 2024

The legal position changed materially after the Court of Justice of the European Union delivered judgments on 4 October 2024 in Joined Cases C-778/21 P and C-798/21 P. The Court confirmed the annulment of the EU decisions concluding the fisheries agreement and protocol insofar as they applied to Western Sahara and adjacent waters, focusing on the requirement of consent of the people of Western Sahara. The Court temporarily maintained certain effects of the decision relating to the agreement for 12 months because of the serious consequences of immediate annulment.

Whatever political view one takes, a commercial operator must work from the current legal position: there is no active 2019–2027 fisheries protocol granting routine EU-vessel access. Any future arrangement must be verified through the Official Journal of the European Union and Moroccan official sources before contracts, financing or vessel deployment are committed.

Moroccan shipowners can still form lawful commercial partnerships with European processors, distributors and investors. But due diligence should cover beneficial ownership, sanctions clauses, fishing authorisations, catch origin, EU import rules, dispute resolution, insurance and the consequences of a change in treaty status.

A practical compliance checklist for Moroccan shipowners

Before departure, the owner and master should verify the entire operation rather than checking the licence alone:

• the vessel’s fishing licence is valid and matches its identity, category, area, gear and target fishery;
• registration, seaworthiness, safety, radio and insurance documents are current;
• the applicable quota, biological rest and closed-area orders have been checked;
• crew agreements, crew lists, medical requirements and CNSS treatment are regular;
• logbooks, tracking systems and catch-declaration procedures are operational;
• gear and mesh dimensions comply with the current technical rules;
• landing, first-sale and traceability documents are prepared;
• ONSSA approvals and export certificates are valid where relevant;
• the master knows whom to contact if an inspection or incident occurs.

The five recurring mistakes are easy to identify: late renewal, informal crew arrangements, inconsistent catch records, inadequate cold-chain documentation and failure to monitor new ministerial orders. None is particularly sophisticated. All can produce expensive litigation.

What to do after receiving an inspection report

1. Obtain a legible copy of the report and inventory any seized documents, catch or gear.
2. Preserve vessel-monitoring data, photographs, logbooks and communications immediately.
3. Do not alter or recreate records after the inspection.
4. Identify whether the matter is administrative, criminal, sanitary or a combination of all three.
5. Check the applicable deadline from the actual decision or summons rather than assuming a ten-day period.
6. Instruct Moroccan maritime counsel before sending a detailed admission or explanation.

Official resources

The first reference should remain the Official Gazette portal of the Secrétariat Général du Gouvernement. Operators should also consult the Department of Maritime Fisheries, the competent port delegation, the ONSSA portal, the Office National des Pêches and the relevant maritime and port services.

Legal monitoring matters because Morocco’s fisheries rules are spread across statutes, decrees, ministerial orders and fishery-specific management plans. A press release or industry practice cannot replace the published rule.

Compliance is a commercial asset, not an administrative burden

The rise in landings at ports such as Laâyoune creates genuine opportunities for shipowners, processors, exporters and logistics companies. It also increases the probability of coordinated controls concerning licences, quotas, crew conditions, traceability and sanitary compliance.

For a serious operator, compliance should be treated like vessel maintenance. It protects operating continuity, preserves access to export markets and reassures banks, insurers and foreign buyers. A complete file also changes the balance of power when an administrative decision or inspection report must be challenged.

Reform of Morocco’s fisheries framework has been discussed through sector consultations and policy work in recent years. Without predicting the final wording of any future bill, the direction is already visible: more digital traceability, closer control of fishing effort and stronger action against IUU fishing. Shipowners who organise their records and internal procedures now will start with a clear advantage.