Fishing law (domestic and international)

Fishing is a strategic activity with a significant economic, social, and environmental impact. In Spain, the fishing fleet is one of the largest in Europe, with a long-standing tradition in the exploitation of marine resources, aquaculture, and the export of seafood products. In the Dominican Republic, the fishing sector is booming and represents a key opportunity for economic development, job creation, and the international promotion of its products.

Fishing is subject to intense regulation at both the national and international levels. There are rules governing the sustainable exploitation of resources, rights of access to certain waters, catch quotas, product traceability, and marketing conditions in international markets such as the European Union and the United States. In this context, specialized legal advice is essential to ensure regulatory compliance, access new markets, and avoid penalties that could jeopardize the viability of fishing companies.

At ISLAW, we have extensive experience in advising fishing companies, shipowners, cooperatives, exporters, marketers, and intermediaries in the sector. Our team combines expertise in administrative, international, commercial, and environmental law, enabling us to offer comprehensive support both locally and in cross-border operations.

Servicios legales en derecho pesquero

Fishing licenses and authorizations

Access to marine resources is strictly regulated and requires specific administrative authorizations. ISLAW advises on obtaining and renewing professional and industrial fishing licenses, permits for artisanal fishing, authorizations to operate in national and community waters, as well as special licenses for protected or endangered species. We also handle the necessary procedures for operating in regulated areas and ensure compliance with the conditions imposed by the competent authorities.

Concessions and exploitation of marine resources

Administrative concessions are a fundamental requirement for activities related to the exploitation of marine resources. ISLAW advises on the processing of concessions for fishing ports, processing plants, aquaculture and mariculture facilities. In addition, we review the environmental and sustainability obligations associated with concessions, ensuring that companies can operate within the required legal parameters and avoiding the risk of penalties or loss of authorizations.

International trade and fishery exports

Foreign trade is vital for the fishing sector. Exporting to the European Union, the United States, or other markets requires compliance with strict traceability, health, and sustainability standards. ISLAW advises on the drafting and review of export and import contracts for fishery products, compliance with international standards, the application of certificates of origin, and the implementation of traceability systems. We also help reduce customs and commercial risks by designing strategies that facilitate access to high-value markets.

International regulations and fisheries agreements

Fishing activity is not limited to national regulations. It is also governed by international conventions and agreements that determine the rights and obligations of States and companies in international waters. ISLAW advises on the interpretation and application of conventions such as the United Nations Convention on the Law of the Sea (UNCLOS), as well as bilateral and multilateral fisheries agreements. In addition, we represent clients in international negotiations, in the establishment of joint ventures to operate in third countries, and in the management of Community or international fishing licenses.

Regulatory compliance and sustainability

Sustainability is a central focus of contemporary fisheries law. Governments and international organizations are imposing increasingly stringent requirements to ensure the rational exploitation of marine resources. ISLAW designs regulatory compliance programs that enable companies to meet responsible fishing standards, prevent illegal, unreported, and unregulated (IUU) fishing, and successfully pass audits and inspections by national and international regulatory bodies. We also offer training to companies, cooperatives, and associations on best practices in sustainability and regulatory compliance.

Litigation and dispute resolution

Conflicts in the fishing industry can arise from administrative sanctions, breach of contract, disputes over resource exploitation, or international claims. ISLAW represents clients in disciplinary proceedings, administrative and contentious-administrative appeals, litigation for breach of export contracts, and international arbitration related to fishing and aquaculture. Our team designs procedural strategies tailored to each case, prioritizing the defense of economic interests and the continuity of operations.

Contracts in the fishing industry

The sector requires a wide range of specific contracts: purchase and sale of fishing vessels, financing agreements, seafood marketing contracts, processing and storage contracts, loading and unloading contracts, and joint venture or joint stock company agreements in third countries. ISLAW drafts, reviews, and negotiates these contracts, ensuring that they comply with the applicable legal framework and protect our clients’ interests.

Civil liability and insurance in fishing

Fishing activities involve high risks: sinkings, breakdowns, loss of catch, crew accidents, and environmental damage. ISLAW advises on the procurement of fishing, maritime, and civil liability insurance, and represents clients in claims against insurers. We also act in proceedings for environmental damage resulting from fishing activities, guaranteeing defense against possible administrative, civil, or criminal liability.

A multidisciplinary approach

Fishing law is connected to numerous branches of law. At ISLAW, we work in a coordinated manner in administrative and concessionary law, public and private international law, commercial and corporate law, tax law, environmental law, and civil liability. This comprehensive approach allows us to cover all aspects of fishing activity, from the incorporation of companies to the international marketing of seafood products, including compliance with environmental requirements and defense in complex litigation.

Experience and sectors served

Our experience in fisheries law includes assisting industrial and artisanal fishing fleets, cooperatives, aquaculture companies, seafood exporters, shipowners, and international marketers. We have also advised on the establishment of joint ventures in third countries, the processing of international fisheries agreements, the negotiation of export contracts, and defense against national and international sanctions.

Why choose ISLAW for fisheries law?

  • Extensive experience in Spain and the Dominican Republic, with an international focus.
  • In-depth knowledge of national, EU, and international fishing regulations.
  • Ability to advise on cross-border operations and international agreements.
  • Solid defense against sanctions, litigation, and arbitration in the fishing sector.
  • Commitment to sustainability and responsible fishing, aligned with international standards.

Frequently asked questions (FAQs)

What regulations govern fishing in Spain?

The activity is regulated by the State Maritime Fisheries Law, regional regulations, and the European Union's Common Fisheries Policy, which establishes quotas, licenses, and sustainability measures.

What regulations govern fishing in the Dominican Republic?

In the Dominican Republic, this activity is regulated by the General Law on Fisheries and Aquaculture, along with specific regulations and oversight by the Ministry of Agriculture and the Ministry of the Environment.

What are the consequences of violating fishing regulations?

Non-compliance may result in fines, suspension or loss of licenses, export restrictions, and even criminal liability in serious cases of illegal exploitation or environmental damage.

What is IUU fishing?

Illegal, unreported, and unregulated fishing is one of the main international problems. Companies that engage in these practices may be excluded from exporting to international markets.

Can ISLAW provide advice on international fisheries agreements?

Yes. Our team advises on the interpretation and application of multilateral agreements and on the negotiation of bilateral or community agreements with third countries.

Do you need legal advice on national and international fisheries law?

At ISLAW, we have a team of lawyers who are experts in licenses, concessions, exports, and litigation in Spain and the Dominican Republic. Contact us today and operate in the fishing sector with legal certainty and specialized support.