Fatou Diouf: Senegal Fishing License Irregularities Led to Revenue Boost

• Former Minister Fatou Diouf revealed significant irregularities in Senegal's fishing license administration to a parliamentary commission.
• Anomalies included under-evaluated vessel capacities, expired insurance, and invalid navigation permits, impacting state revenues.
• Collaborating with ANAM Sénégal, checks confirmed discrepancies between declared and actual vessel capacities.
• Diouf implemented stricter controls between April and December 2024, conditioning license renewal on full compliance and payment of fees.
• The Senegalese Fisheries Code prioritizes fines and financial transactions over imprisonment for maritime infractions.

The subsequent re-evaluation of these capacities led to a notable increase in revenues for the public treasury, underscoring the financial impact of these irregularities.

Former Minister Fatou Diouf recently presented significant findings to a parliamentary inquiry commission investigating fishing licenses in Senegal. Her testimony highlighted a series of administrative anomalies concerning various vessels operating within the nation's waters. Specifically, Ms. Diouf detailed instances of under-evaluated vessel capacities, known as "jauges sous-évaluées," which directly impacted the financial obligations of operators.

Further investigations, conducted in collaboration with the National Agency for Maritime Affairs (ANAM Sénégal), confirmed these discrepancies. The checks revealed substantial differences between the actual operational capacities of certain ships and the figures declared during their initial registration. These understated declarations had a direct consequence on the calculation of fees owed to the Senegalese state. The subsequent re-evaluation of these capacities led to a notable increase in revenues for the public treasury, underscoring the financial impact of these irregularities.

Ms. Diouf also brought to light cases where fishing operating licenses remained active despite the expiration of crucial mandatory documents, including vessel insurance policies and navigability permits. In response to these findings, she initiated stricter controls between April and December 2024. During this period, the issuance and renewal of licences de pêche were made contingent upon the full compliance of all administrative documentation and the timely payment of all due fees and fines, aiming to rectify these long-standing anomalies.

The process for attributing fishing licenses in Senegal involves a multi-stakeholder approach, as explained by Fatou Diouf. A Consultative Commission, comprising 14 members drawn from various administrative bodies, is tasked with reviewing applications and providing an advisory opinion. However, the ultimate decision-making authority rests solely with the Minister. This ministerial prerogative has become a point of contention among parliamentary deputies, who raised questions regarding its scope and potential for oversight.

Deputies on the inquiry commission also voiced concerns about the delayed transmission of certain application files to the commission members, potentially hindering their ability to provide timely and informed advice. Regarding the enforcement of regulations, Ms. Diouf clarified the structure for addressing maritime infractions. The Directorate of Fisheries Protection and Surveillance (DPSP) is responsible for identifying and documenting these violations. Subsequently, a special commission is tasked with proposing appropriate sanctions.

It is noteworthy that the Senegalese Fisheries Code, or Code de la pêche, emphasizes financial penalties and transactional settlements over custodial sentences for maritime offenses. This legal framework prioritizes monetary deterrents, such as fines, as the primary means of addressing non-compliance within the fishing sector, rather than resorting to imprisonment. This approach aims to ensure accountability while maintaining the operational continuity of the industry.

The ongoing parliamentary investigation into fishing license irregularities in Senegal underscores a significant push for greater transparency and accountability within the nation's maritime industry. The scrutiny extends to specific historical cases, with deputies examining files dating back to 2018 and 2019, including those pertaining to vessels named Fada and Ya Faama. These detailed reviews are part of a broader effort by the Commission d'enquête licences pêche to reconcile various testimonies with the administrative records governing the management of fishing licenses.

This heightened focus on compliance, particularly concerning vessel declarations, insurance validity, and navigability permits, signals a critical juncture for the Senegalese fishing sector. The revelations by Fatou Diouf parlementaire licences pêche highlight systemic issues that have impacted state revenues and regulatory integrity. The continued auditions aim to thoroughly investigate these anomalies, ensuring that all facts are brought to light and that appropriate measures can be taken to prevent future occurrences. The emphasis on financial penalties within the Code de la pêche sanctions framework suggests that future enforcement actions will likely prioritize monetary consequences for non-compliance, rather than imprisonment, impacting the economic calculus for operators.

Lawyers advising maritime clients in Senegal should be aware of heightened scrutiny on fishing license compliance, including vessel declarations, insurance validity, and navigability permits. This implies a need to review client documentation to ensure full compliance and avoid potential re-evaluation of past declarations or sanctions, especially given the emphasis on financial penalties over imprisonment.

Source: Original reporting via Senegalese parliamentary inquiry.