Professional maritime fishing is much more than just a job; it is a vital sector of economic activity for many French coastal regions, but it is also an area subject to particularly dense and evolving regulations. For fishermen, shipowners and all those involved in the industry, navigating the intricacies of fisheries law can prove complex. Between the European rules of the Common Fisheries Policy (CFP), national laws and decrees, and the specific professional organisation, it is essential to master the legal bases that govern your activity.
Understanding the status of your business, knowing who your institutional contacts are, knowing the rules governing access to resources, marketing standards and control mechanisms is essential if you are to operate legally and ensure the long-term future of your business. This guide provides an overview of the main areas of maritime fishing law in France, summarising the key information to help you get to grips with this regulatory environment.
Your fishing business: what status should you choose?
The first step for any professional is to clearly define the legal and social framework of their activity. There is a fundamental distinction between fishing practised on a professional basis and fishing practised on a commercial basis. on board a ship with a view to selling the products is generally regarded as an activity commercialThis requires registration with the Registre du Commerce et des Sociétés (RCS). On the other hand, fishing on foot professional status agriculturalYou must be affiliated to the Mutualité Sociale Agricole (MSA).
Le choosing the company's legal form is then decisive. Although sole proprietorship remains simple, it exposes the fisherman's personal assets to the risks of the business. To remedy this, the law encourages the creation of small-scale fishing companies (SARLs or specific partnerships), which enable business and personal assets to be kept separate while enjoying tax and social security benefits. The status of the spouse involved in the business is also recognised, with specific rights in terms of retirement and social protection. Lastly, working relations on board are governed by the Transport Code (which has replaced the Maritime Labour Code), with rules on the employment contract, remuneration (by share or at the minimum wage) and working hours.
Who are your contacts? The professional organisation
The fisheries sector is structured by an inter-professional organisation whose membership is compulsory for professionals. At the heart of this system are the sea fishing and marine farming committeesThey are organised at three levels: national (CNPMEM), regional (CRPMEM) and local (CLPMEM). They represent the interests of the profession, participate in fisheries management and disseminate information.
At the same time Producer Organisations (PO) are voluntary groups of fishermen, recognised by the State and playing an essential role in the collective management of quotas and the organisation of product marketing, notably via the withdrawal price mechanism. Other bodies, such as FranceAgriMer (the successor to OFIMER) for market monitoring and the management of certain aids, or the Advisory Councils for participation in the governance of the CFP, complete this institutional landscape.
Accessing and preserving resources: the heart of the CFP
The management of fisheries resources is largely governed by the European Union's Common Fisheries Policy (CFP). The basic principle isequal access for all EU vessels to waters beyond 12 nautical miles from the coast. Within the 12-mile coastal band, however, the coastal state may restrict access, mainly to traditional local fishermen, while respecting any historical rights of other Member States.
To ensure sustainable exploitation, the EU uses a number of tools: the setting of Total Allowable Catches (TACs) by species and by zone, broken down into national quotas according to the principle of "relative stability"; the limitation of thefishing effort (sea days); and the enactment of technical measures (mesh size, minimum sizes, closed areas/periods, selective gear). Access to certain fisheries may also be conditional on obtaining aspecific authorisationsThese are national (licences) or European (Special Fishing Permits - SFP), in addition to the compulsory European fishing licence for all vessels. Finally multi-annual management or restoration plans are put in place for the largest or most fragile stocks.
From catch to sale: marketing rules and subsidies
Once fished, products must comply with strict standards before they can be marketed. The EU has defined common marketing standards (freshness, size) and, most importantly health standards (the "Hygiene Package") applicable throughout the chain, from capture to sale, and requiring health approval for handling establishments.
To regulate markets and support incomes, POs can intervene via the system of withdrawal price If prices fall below a certain threshold, the PO withdraws the product from the market and compensates the fisherman, with partial financial support from the EU or internal funding depending on the type of price. From storage aids can also be used to prevent the destruction of withdrawn products. Visit trade with third countries are also regulated (customs duties, reference prices, safeguard measures).
In addition, the structural policy aims to adapt fleet capacity to the resources available (via capacity ceilings managed at national level by the Operating Permit - PME) and to support the modernisation of companies through financial aidThese are mainly European (via the European Maritime Affairs and Fisheries Fund - EAMEF and its successors).
Controls and sanctions: the fisheries police
Compliance with all these rules is ensured by a system control involving European authorities (Commission, European Fisheries Control Agency) and above all national authorities (Maritime Affairs, Navy, Gendarmerie, Customs, etc.). Inspections can be carried out at sea (visiting the vessel, checking catches, gear and documents) or on land (auctions, companies, transporters).
In the event of an infringement, a panel of sanctions is provided for. These range from immediate precautionary measures (seizure of equipment, catches or even the vessel) to administrative sanctions (fines, suspension or withdrawal of licences and permits) and/or criminal sanctions (fines, confiscation) imposed by the courts following prosecution by the public prosecutor or the authorities. A settlement procedure can sometimes be used to avoid criminal proceedings.
Maritime fishing regulations are both technical and constantly evolving. Finding your way around requires constant vigilance. For a personalised analysis of your situation, whether it's setting up or managing your business, understanding the fishing rules that apply to you, or in the event of an inspection or dispute, our team is at your disposal to provide you with advice and assistance. tailored advice and defending your interests.
Frequently asked questions
Is my fishing activity considered commercial?
Yes, if it is carried out professionally on board a vessel to sell the products. Professional fishing remains agricultural.
What is a small-scale fishing company?
This is a limited liability company or partnership whose shares are held by the fishermen on board, offering tax and social security benefits and protecting their personal assets.
Does a fisherman's spouse have any social rights?
Yes, if they are involved in the business, they may be entitled to a pension (ENIM) and maternity/adoption protection, and may be registered as an employee.
Do I have to join a fisheries committee?
Yes, membership of the Local, Regional and National Fisheries Committee (CNPMEM) is compulsory for professionals in the sector concerned within their jurisdiction.
What is a Producer Organisation (PO)?
This is a voluntary group of fishermen recognised by the State, which helps to manage quotas and organise the sale of products (in particular via withdrawal prices).
Can I fish freely in all European waters?
Beyond 12 miles from the coast, yes (principle of equal access). Within 12 miles, the coastal state may restrict access to traditional local fishermen.
What is a fishing quota?
This is the maximum quantity of a species of fish that a Member State (or a group of fishermen) is authorised to catch in a given area over a defined period (often a year).
Do I need special authorisation for certain types of fishing?
Yes, in addition to the European fishing licence, certain types of fishing (specific species, sensitive areas) require national authorisations or European Special Fishing Permits (SFP).
What are the main health rules for selling my fish?
European hygiene standards ("Hygiene Package") must be complied with on board and on land, and handling establishments must have health approval.
What happens if my fish doesn't sell at auction for the price I'd hoped for?
If you join a PO, it can withdraw the fish from the market at a set withdrawal price and pay you compensation (partly funded by the EU or the PO).
Can I get aid to modernise my fishing vessel?
Yes, European aid (via FEAMP/FEAMPA) exists to co-finance modernisation (safety, energy, selectivity) without increasing overall fishing capacity.
Who can check my vessel at sea?
Many agents : Maritime Affairs, French Navy, Maritime Gendarmerie, Customs, and sometimes European inspectors accompanying the national authorities.
What do you risk if you break the fishing rules?
Penalties range from seizure of equipment and catches to administrative or criminal fines, suspension/withdrawal of licences and even confiscation of the vessel.
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