T.C.
GIDA, TARIM ve HAYVANCILIK BAKANLIÐI
Gýda ve Kontrol Genel Müdürlüðü
Fishing Ports Regulation
Authorization Law 1380, 3046
The Official Gazette 13.12.1996-22846
Regulation Amending Regulation For Fishermen Ports
The Official Gazette 20.03.1999-23645
Regulation on Amendment to the Fishing Ports Regulation
The Official Gazette 05.06.2002-24776
FIRST CHAPTER
Objective, Scope, Basis and Definitions
Objective and Scope
Article 1 - This regulation is prepared in order to define the procedures and principles for site selection, specifications rental and management of fishing ports, constructions of which are completed, procedures and measures which must be applied by managers, the fees to be paid by vessels benefiting from the ports and ways of collecting fees, procedures and principles for maintenance and repair of the ports and construction of superstructure.
Legal Basis
Article 2 - This regulation is based on Article 37 of the Law No. 3046 of Principles of Establishment and Tasks of Ministries, and Fisheries Law No. 1380.
Definitions
Article 3 - Definitions of the terms included in this regulation are following:
Ministry: Ministry of Agriculture and Rural Affairs
Provincial and Subprovincial Directorate: Provincial and Subprovincial Directorates of the Ministry of Agriculture and Rural Affairs,
Fishing Vessel: Floating vessels of any tonnage and type, with or without engine, which are used for catching, producing, culturing, researching, transporting or processing of fishery products in seas or inland waters.
Fishing Port: Coastal landing places named fishing harbour, fishing shelter or fishing slipway depending on its size and facilities, which are protected with breakwaters in order to service fishing vessels; have adequate docks, rear area and space and depth of water for manoeuvring of sheltering vessels and quays for loading, unloading and mooring; water supply, power, area for drying nets, a market, a management building, a pre-cold storage and fishing slipway.
Fisherman: Real or juristic persons such as captains, chief fisherman, fisherman and crew who produce fish and fishery products in seas or inland waters for trading, and their partners and employees, and fish farmers.
Port Manager: Real or juristic persons who rent the port and are responsible for its management.
SECOND CHAPTER
Specifications of Fisherman Shelters
FIRST SECTION
Classification of Shelters
Classification
Article 4 – Fisherman ports are classified as following according to the facilities they provide, number and size of fishing vessels they shelter:
a) Fishing harbour: A coastal landing place, which is protected with breakwaters in order to service fishing vessels of any size and waterline; have adequate docks and rear area to shelter fishing vessels of fisherman and have quays for loading, unloading and mooring; water supply, power, area for drying nets, a market, a management building, a fuel pump for fishing vessels, a pre-cold storage and slipway.
b) Fishing Shelter: A coastal landing place without sub- and superstructure of importance, which is surrounded by breakwaters in order to shelter fishing vessels of any size and waterline against rough weather and have adequate space and water depth for manoeuvring of sheltering fish vessels, and where benefiting vessels stay for a while, anchored or moored.
c) Slipway: A coastal landing place in a fishing port or in a bay without wave action, lake or river, which has facilities for fishing boats to be beached for maintenance and repair, has adequate equipment and slanting area covered with sand or concrete, enough for maintenance and repair of boats beached.
SECOND SECTION
Specifications of Ports
Qualities and Conditions
Article 5 – Minimum qualities and technical conditions required in fishing ports are mentioned below:
a) The site where the fishing port is constructed, must not be open to dominant waves and not receive sewage, waste water or sludge; must be at least 1 km away from fish culture areas, be connected to the nearest settlement with a highway and have a land area proportional to sheltering area of the port.
b) In addition to above qualities and conditions, a port must have a water depth of at least 3 metres everywhere within the protected area, have main and secondary breakwaters in order to keep waves at lowest level, have signal lamps for secure entrance to the port from the sea, have adequate piers and quays for fishing vessels to come alongside in good order and securely, have proper eyebolts and bollards to tie up the ships, lamp-posts to adequately illuminate piers and quays, installations to supply vessels with water and power, and have net drying areas.
c) In addition to properties mentioned in (a) and (b), a fishing port must have a management building for fisherman’s requirements, a depot which can be used as a cold storage during transferring of products, a fish market having a capacity adequate for wholesaling of at least 10 % of the fishing capacity, a place for repairing nets, a warehouse, a fuel pump for fishing vessels, a facility for first aid treatment, and a fire extinguishing system.
THIRD CHAPTER
Site Selection for Fishing Ports
Fixing the Site
Article 6 - Site fixing for fishing ports and relating survey, design, feasibility report, plans and programmes, after being examined and approved by a committee formed by the Ministry and the Ministry of Transportation and the Ministry of Public Works and Settlement, are presented to the State Planning Organisation by the Ministry of Transportation. Building of those ports is realised with funds appropriated from yearly investment programmes of the agricultural sector.
In fixing the site, potential and production of fish of the region, number of fisherman and fishing vessels, distance to other ports, feasible specifications and feasibility of usable area behind filled area are considered and a Environmental Impact Evaluation Report is required.
In feasibility studies, contributions of the fishing port to production, profitability, marketing and economy are studied, calculated and made known.
In investment plans and programmes, no modification can be made without consent of the above mentioned organisations.
Reconstruction Plan
Article 7 – Fishing ports are constructed , according to the Coasts Law No. 3621, upon approval of Reconstruction Plans, which are prepared according to Reconstruction Law No. 3194, together with the opinion of the Governor’s Office, stating reasons for constructing the port, by the Ministry of Public Works and Settlement in agreement with the Ministry, the State Planning Organisation, the Ministry of Transportation and other concerning institutions and organisations.
FOURTH CHAPTER
Renting the Fishing Ports
Procedures and Principles of Renting
Article 8 – Fishing Ports are rented out by the Ministry of Finance upon approval of the superstructure laying plan by the Ministry and the Ministry of Transportation, not shorter than ten years or not longer than twenty five years, giving precedence to co-operatives or co-operative unions of fishery, which are located within the boundaries of the same administrational unit with the fishing port and their shareholders reside there, have been active at least for six months, are exclusively busy with fishery, and apply for renting the fishing ports within the announced period of thirty days.
If the number of Fishery Co-operatives in the administrational unit is more than one and if they want to rent the port individually, the port is rented out to these co-operatives through bargaining, if they want to rent the port collectively, making an agreement among themselves and being joint liable, or to the highest bidder through tender attended by these co-operatives. Besides the provisional guarantee fund, an additional guarantee fund of 30 % of the estimated cost is taken.
If the Fishery Co-operatives or their unions do not make a demand for rental within the announced period or if they are considered unqualified for renting, according to State Tendering Law No. 2886, the port is awarded to any real or juristic person by the Ministry of Finance.
A laying plan showing boundaries, area and state of settling is attached to the rental contract of the port leasing of which completed.
The rented port and its superstructure cannot be transferred to third parties or re-rented, or no partners are allowed in rental and management. It cannot be used for purposes other than those mentioned in the contract or modified or enlarged without permission of the Ministry.
The estimated rent of the fishing ports for the first year is determined and calculated by the Provincial Directorates in compliance with their class and cost and the criteria mentioned in Appendix – I and then stated to the provincial office of the Ministry of Finance. This amount is examined and approved by a commission formed according to Article 13 of Law No. 2886 and not having power to make a reduction. A representative of the Provincial Directorate takes part in this commission with no right to vote.
For the following years, the rent is determined by the Ministry of Finance with an increase not being less than the increase rate mentioned in the Circular of Public Tenders. The new rent is communicated to the tenant in at least 15 days before the beginning of the renting period.
At the interval between two periods of tenancy, the Provincial Directorate is responsible for management of the port. In this period the available and effective sheltering fees are charged. The remainder of the revenues after expenses are reduced is deposited in concerning financial office by of the Provincial Directorate.
The procedures of next renting period start four months before the end of the former period and completed within two months following the of the former period, excluding exceptional conditions.
Upon the ending of the renting period, all rights of the tenant become invalid and no precedence or preference is given to the former tenant for the new renting. .In case of abolishing the lease at or before the end of the tenancy period, the tenant cannot claim for any rights or compensation money and the port and superstructure is transferred to the Treasury.
The tenant cannot make a claim for compensation of his expenses for additional facilities or repairs.
FIFTH CHAPTER
Management of Fishing Ports
Principles of Management
Article 9 – The port manager is responsible for, in addition to what is written in the lease prepared especially for that port, security, cleanness, maintenance and repairs of the port, and co-ordination between those making use of the port. In order to fulfil the above tasks, the manager
a) makes a mooring plan considering length, width, depth, type and use of vessels, and according to this plan, arranges mooring numbers of the vessels and brings it into force;
b) arranges entry, mooring, departure and exit of the vessels, and keeps the required records of the vessels and their owners who make use of the port permanently or temporarily;
c) warns the vessels and persons not to disturb peace, security and safety in the port, and, if required, makes them leave the port and completes the legal procedures for this purpose:
d) collects the fees in compliance with the port price-list approved by the Ministry;
e) controls entry and exit of the vessels and ensures their security;
f) takes or organizes preventive measures against pollution in both land and sea; takes all the necessary steps to keep a mobile container with a capacity for collecting all the solid waste, oil waste, bilge water and household waste water; ensures disposal of the waste without degrading the environment or moving them to safe places and use of materials not causing environmental or water pollution in maintenance or repair of the fishing vessels;
g) takes necessary measures to collect the solid and liquid waste spread into the sea due to accidents and to prevent them from covering a large area;
h) If possible, besides fishing vessels, permits vessels such as sand carrying boats, freight boats and yachts to make use of the fisherman shelter paying a fee;
ý) does not permit the administrational building and superstructure to be used for purposes other than sheltering and takes preventive measures against entry of third parties into these facilities;
i) provides working certificates and clothes, which are obligatory to wear on job, for the labourers who work in the port or superstructure;
j) arranges the regular working hours considering benefits of the fishermen who use the port and apply them following approval by the Provincial Directorate, and posts personnel for the tasks at holidays and off-hours;
k) employs technical and administrational personnel of sufficient number for the above mentioned tasks to be executed;
l) does not permit those, who keep prohibited fishing gears, devices, equipment or fish and fishery products, to make use of the port in order to make them obey the prohibitions, limitations and liabilities imposed by Fisheries Law and related regulation and circular, and informs the Provincial Directorate of the situation;
m) keeps records of species and amounts of the fish landed from vessels:
n) cannot use or let people use the port for discharge of sand, except for dredging interior and entrance of the port or permit heavy vehicles of all kinds to be loaded or unloaded on the quays;
o) keeps fire alarms and installations and equipment to extinguish fires.
Liabilities of Those Benefiting from the Port
Article 10 – Liabilities of vessels and persons benefiting from the shelter are mentioned below:
a) The vessels and people entering the port and owners and employees of service units within the port are obliged to observe the provisions of this regulation and decisions of officials who are appointed to execute these provisions.
b) Captains and owners of vessels are responsible for taking necessary measures to prevent their property in their vessels from losing, stealing or damaging. In case of need, the port manager can ask them to take special measures.
c) It is obligatory for all fishing vessels benefiting from the port to have an fishery or fishing licence and a plate with the vessel’s licence number or markings. The fishing vessels without licence or any such plate can benefit from the port only in accordance with conditions mentioned in paragraph (h) of Article 9 and in Article 11 which are applied for vessels other than fishing vessels.
SIXTH CHAPTER
Fees and Investments
FIRST SECTION
Fees
The Fee
Article 11 – Following renting procedures, the port manager makes a classification of boats benefiting from the port, according to their properties such as size, power of engine, gears and equipment capacity, and type of fishing. A price list, which is valid for a period of one year beginning at the date of lease, is prepared by the Provincial Directorate and the port manager collectively in compliance with principles mentioned in Appendix 2 and applied after it is approved by the Ministry. In determining the sheltering fees for the years to come, the provisions for determining rates of increasing rent are accepted as the basis. The price list is hung at a visible place in the management building. In case of any dispute of determining fees between the manager and the Provincial Directorate, the Ministry is informed of it, The decision of the Ministry is binding.
Collecting Fees
Article 12 – The sheltering fee is paid daily or weekly, depending on the port manager and duration of sheltering. In case of sheltering of vessels owned by real or juristic persons, who are not a member of any fishery co-operative or union, for more than one week, 50% of the sheltering fee is paid in advance.
No sheltering fee is paid for the vessels belonging to public institutions or organisations executing of control or medical service, such as control and research vessels of the Ministry, coast-guard vessels and coastal ambulance vessels.
SECOND SECTION
Investment, Damage and Maintenance
Completion Investments
Article 13 – In the ports with uncompleted sub- and/or superstructure or with no superstructure, any requests for modification mentioned in the lease or made by the port manager are evaluated by the Ministry of Public Works Settlement according to the principles mentioned in Article 7 and Coasts Law No. 3621 and related Regulation in force, following approval by the Ministry, the Ministry of Transportation and the Ministry of Finance.
The modification is realised by the port manager, without demanding any compensation, right or reduction in rent, under supervision of the General Directorate for Construction of Railroads, Harbours and Airports of the Ministry of Transportation, following approval of the proposal for modification by the Ministry of Reconstruction and Resettlement.
The installations built are submitted to the Treasury by the manager in good condition and gratis, without claiming any rights at the end of the renting period or when the lease is annulled before the end of that period. Procedure of handing over and receipt is carried out by a committee composed one representative from each of the Provincial Directorate and the provincial offices of the Ministry of Transportation, the Ministry of Public Works and Settlement, and the Ministry of Finance.
Assessments of Damages
Article 14 – The cost of any damage or harm in the port, installations or the fishing vessels benefiting from the port is collected from those who are responsible for it, after it is confirmed by a committee composed one representative from each of the nearest Harbour-master’ Office, the provincial office of the Ministry of Transportation, the Provincial Directorate and Fishery Co-operatives or Unions. If collecting the money cannot be realised, the case is taken to the Courts.
If the damage or harm is done to the port or the installations, the reparation is put into a bank account opened for the port manager. Usage of this money is made under supervision of the Provincial Directorate. If the damage or harm is done to third parties, the reparation is paid to them, after a reduction for the damage or harm to the port, if done, and for any costs.
Besides, according to Article 5 the Law No. 6237 on Construction of Harbours, 10% of the yearly gross revenues is deposited by the Port Manager in the Treasury, for repair of damages caused by natural disasters and for costs of future development or enlargement of the port. No provision can be added to the lease to increase, decrease or cancel the above mentioned amount.
Maintenance and Repair
Article 15 – Maintenance and repairs are made by or through the port manager. The sand excavated during dredging cannot be used for commercial purposes, but may be used in completion investments of the port. The rest of the sand is put to use by local financial office. Type and quantity of basin and bottom dredging are defined by and done under supervision of local office of the Ministry of Transportation as directed by the Ministry.
SEVENTH CHAPTER
Miscellaneous and Final Provisions
FIRST SECTION
Miscellaneous Provisions
Fishing Ports Built by Real or Juristic Persons
Article 16 – Management of the ports built by real or juristic persons is not subject to provisions of this Regulation, provided provisions, related with minimum qualities and conditions, in Article 5 are reserved and the procedure mentioned in Article 7 is followed.
Temporarily Transferred Fishing Ports
Article 17 – The ports temporarily transferred to the Municipality, Legal Person of a Village, Provincial Private Administration or the like within the framework of Law No. 6237 on Construction of Harbours, are managed by the institution they are transferred temporarily until they are rent according to Article 8, provided provisions of the transfer protocol and this Regulation are observed.
In case that a fishery co-operative or union apply for renting, the shelter is transferred from the institution to which it was temporarily transferred to the Ministry through a committee formed by the Ministry of Transportation upon application of the Ministry, in order to be rent. Until realisation of the renting, the shelter is managed according to paragraph 8 of Article 8. During the process of transfer former managing institution cannot claim any money or right and the shelter is transferred in a sound and active condition.
Definitively Transferred Fisherman Shelters
Article 18 – When a fishery co-operative or union requires to rent a shelter transferred to a public institution or organisation, a provincial private administration, a municipality or a village legal person by a Decree of Council of Ministers, the Decree for transfer of the shelter is annulled by the Ministry of Transportation based on approval of Ministries of Finance and Internal Affairs and the Ministry and then the shelter is rent by the Ministry of Finance according to the provisions included in Article 8 of this Regulation.
Use of Fishing Ports for Other Purposes
Article 19 – Fishing ports cannot be converted to a yacht harbour or used for other purposes without consent of the Ministry. But, the sections not used by fishermen are rented by the Ministry of Finance with consent of the Ministry in order to be used for other purposes following principles imposed by the Ministry.
Inspection
Article 20 - The Ministry inspects fishing ports and their superstructure, reviews and controls matters related with management, all documents and records, and executes the required processes.
Abolition of Lease of a Port
Article 21 – If it is confirmed that a port is not managed in compliance with provisions of the lease and/ or this Regulation, the tenant is warned in writing by the Ministry, asking for the problems observed to be solved at latest in one month. If no improvement is observed in controls, the lease is abolished unilaterally by the Ministry of Finance upon a proposal by the Ministry.
Abrogated Regulation
Article 22 – The Fishing Ports Regulation published in Official Gazette No. 20252 of 8/ 14/ 1989 is abrogated.
Temporary Articles
Temporary Article 1 – The provision mentioned in Article 7 of this Regulation is valid for the fishing ports to be built and cannot applied for the ports built before the date this Regulation is put into force.
Temporary Article 2 – The provisions of the Regulation published in Official Gazette No. 20252 of 8/ 14/ 1989 are applied in renting procedures of the fishing ports rented before the date of enforcement of this Regulation.
SECOND SECTION
Final Provisions
Enforcement
Article 23 - This regulation comes into force on the date of its publication.
Execution
Article 24 – This regulation is executed by The Minister of Agriculture and Rural Affairs.
APPENDIX - 1 BASICS OF DETERMINING RENT FOR A FISHING PORT
A – Yearly Revenues :
1. The Situation of Local Fishing Vessels Benefiting from the Port
| Length of Vessel | Number | Sheltering Period (days) |
Estimated Sheltering Fee (TL/ day) |
Local fishing vessel revenues = Number of vessels x Sheltering Period (days) x Estimated Sheltering Fee (TL/ day)
2. The Situation of Fishing Vessels from Outside of District
| Length of Vessel | Number | Sheltering Period (days) |
Estimated Sheltering Fee (TL/ day) |
Revenues from fishing vessels from outside of district = Number of vessels x Sheltering Period (days) x Estimated Sheltering Fee (TL/ day)
3. Other Vessels Benefiting from the Port
| Type | Number | Sheltering Period (days) |
Estimated Sheltering Fee (TL/ day) |
| Yachts | |||
| Transport Ships | |||
| Sand Carrying Boats | |||
| Fuel Tankers | |||
| etc. |
Revenues from other vessels = Number of vessels x Sheltering Period (days) x Estimated Sheltering Fee (TL/ day)
Sum of Yearly Revenues (A) = 1 + 2 + 3
B – Yearly Expenses :
I. Management Expenses
a) Personnel Expenses
| Type of Personnel | Numbers | Salaries (TL) | Yearly Total (NumberxSalaryx12) |
b) Rent and Fuel Expenses
| Monthly (TL) | Yearly Total (TL) (Monthly x 12) |
|
| Rent | ||
| Fuel |
c) Electricity and Fuel Expenses
| Monthly (TL) | Yearly Total (TL) (Monthly x 12) |
|
| Electricity | ||
| Water Supply | ||
| etc. |
d) Depreciation Expenses
Depreciation expense depending on investment
e) Other Expenses
Sum of Yearly Expenses (B) = a + b + c + d + e
II – Investment Expenses
Expenses related with investment for the port
C – PROFIT :
Yearly Profit = Yearly Income – Yearly Expenses
Corporation Income Tax (46%)
Net Profit = Yearly Profit - Corporation Income Tax
Predicted Rent = Net Profit
APPENDIX - 2 SHELTERING FEE FOR FISHERMAN SHELTERS
I - Sheltering Fee for Fishing Boats
| Sheltering Fee (TL) | Length of Boat (m) (Tenths included) | |||||
| 0-6 | 7-9 | 10-12 | 13-16 | 17-22 | >22 | |
| Daily | ||||||
| Weekly | ||||||
| Monthly | ||||||
| Yearly | ||||||
II - Sheltering Fee for Vessels Other than Fishing Boats
| Sheltering Fee (TL) | Yachts, Cutters (Boat) and Speed Boats(Length in Meters) | Fuel Supply Ship, Sand Carrying Boat, and the like (Loading Capacity in Metric Tons) | Pontoon, Barge, Floating Crane, Floating flasher, Dredging Ship, and the like(per m²) | |||
| 0-6 | 7-12 | >12 | <50 | 50-100 | ||
| Daily | ||||||
| Weekly | ||||||
| Monthly | ||||||
| Yearly | ||||||
| ........ / ....... / 199 | ........ / ....... / 199 | |
| Chairman of Co-operative | Provincial Director of | |
| APPROVED BY | ||
| ........ / ........ / 199 |
III - Fee for Sheltering for Other Purposes
| Sheltering Fee (TL) | Beaching and Launching for Maintenance or Painting | Beaching and Launching for Wintering (Length in metres) | ||
| For Fishing Vessels | For Other Vessels | 0 - 6 | > 6 | |
| Daily | ||||
IV. Other Technical Conditions
V. This price-list is effective between ...................... and ......................
| ........ / ....... / 199 | ........ / ....... / 199 | |
| Chairman of Co-operative | Provincial Director of | |
| APPROVED BY | ||
| ........ / ........ / 199 |
The Official Gazette: 20.03.1999-23645
Regulation Amending Regulation For Fishermen Ports
Article 1 – The definition of “Port Manager” in Article 3 of Regulation for Fishing Ports, which was published in Official Gazette No. 22846 of 12/ 13/ 1996, is revised as below:
“Port Manager : Real or juristic person responsible for management of the port by renting, or getting its ownership temporarily within the framework of Law No. 6237 on Construction of Harbours or for certain by a Decree of Council of Ministers.”
Article 2 – First paragraph of Article 8 of the same Regulation is revised as follows:
“Fishing ports are rented out, not shorter than ten years or longer than twenty five years, to fishery co-operatives or fishery co-operative unions, which are located within the boundaries of the same administrational unit with the fishing port and their shareholders (members) reside there, have been active at least for six months, are exclusively busy with fishery, and apply for renting the fishing ports within the announced period of thirty days.”
Article 3 – Paragraph (h) of Article 9 of the same Regulation is revised as follows:
“h) When there is enough space in the port, besides fishing vessels, permits vessels such as sand carrying motorboats, transport ships and yachts temporarily make use of the fishermen shelters by paying fees, but duration permitted cannot be too long or interfering with exploitation of the port by fishing vessels.”
Article 4 – Article 18 of the same Regulation is revised as follows:
“Article 18 – Ports transferred to public institutions or organisations, provincial domestic administrations, municipalities or juristic persons of villages by the Decree of Council of Ministers are managed by these organisations definitely, provided provisions of this Regulation are followed, until they are rented out according Article 8.
If any demand to rent any of these ports is put forward by fishery co-operatives or fishery co-operative unions, the Ministry of Transportation proposes abrogation of the Decree of Council of Ministers for transfer of the port, based on the consent of ministries of Finance and Internal Affairs. If the Decree of Council of Ministers is abrogated, the port is rented by the Ministry of Finance within the principles of Article 8.”
Article 5 – Table indicating the Sheltering Fees for Fishing Ports in Appendix 2 of the same Regulation is revised as attached.
Article 6 – This regulation comes into force on the date of its publication.
Article 7 – This regulation is executed by The Minister of Agriculture and Rural Affairs.
Appendix – 2 SHELTERING FEES FOR FISHING PORTS (Revised Form)
I - Sheltering Fees for Fishing Vessels (Turkish Lira)
| Sheltering Fees (TL) |
Length of Vessel in Meters | |||||||||
| 0–5.99 | 6–8.99 | 9–11.99 | 12–15.99 | 16–20.99 | 21–25.99 | 26–31.99 | 32–37.99 | 38–44.99 | >45 | |
| per Day | ||||||||||
| per Week | ||||||||||
| per Month | ||||||||||
| per Year | ||||||||||
II - Sheltering Fees for Vessels Excluding Fishing Vessels (Turkish Lira)
| Sheltering Fees (TL) | Length of Vessel in Meters Yacht, cutter (boat) and speedy Sailing vessels | Fuel Supply transport Ship, Sand Carrying Boat, and the like(Loading Capacity in Metric Tons) | Pontoon, Barge, Floating Crane, Floating flasher, Dredging Ship, and the like(per m²) | ||||||||||
| 0–5.99 | 6 – 8.99 | 9 – 11.99 | 12 – 15.99 | 16 – 20.99 | 21 – 25.99 | 26 – 31.99 | 32 – 37.99 | 38 – 44.99 | > 45 | 50 | 60 - 100 | ||
| per Day | |||||||||||||
| per Week | |||||||||||||
| per Month | |||||||||||||
| per Year | |||||||||||||
| ........ / ....... / 199 | ........ / ....... / 199 | |
| Chairman of Co-operative | Provincial Director of | |
| APPROVED BY | ||
| ........ / ........ / 199 |
III - Sheltering Fees for Other Purposes
| Sheltering Fees (TL) | Beaching for Maintenance and/or Painting | Beaching for Wintering (Length in Meters) |
||
| For Fishing Boats | For Other Ships | 0 - 6 | > 6 | |
IV. Other Technical Conditions
V. This charging list is valid between ...... / ....... / ........ and ...... / ....... / .........
| ........ / ....... / 199 | ........ / ....... / 199 | |
| Chairman of Co-operative | Provincial Director of | |
| APPROVED BY | ||
| ........ / ........ / 199 |
The Official Gazette: 05.06.2002-24776
Regulation on Amendment to the Fishing Ports Regulation
ARTICLE 1 — Items (a) and (c) of Article 5 of Fishing Port Regulation came into force after being published in the Official Gazette, dated 13/12/1996 and No 2846 have been amended as follows.
“a) Sheltering zone of the fishing port is absolutely necessarily to be protected against sea affects, to have no sewer or waste water flow or mud accumulation towards inside of the port, to have a highway connection with the Centrum and to have sufficient land depending upon the size of the sheltering zone of the port.”
“c) In addition to the specifications given in items (a) and (b) above, there should exist an administrative building where the fisherman shall meet requisite needs, a depot to be utilized as a cool storage during the transportation of the product, a wholesale fish market of fish sales outlet having a capacity to allow the sale of at least 10% of the game capacity, a net repair place and a roofed depot, a fuel oil pump to meet the needs of the fisherman ships, first aid facility and a fire extinguishing system.”
ARTICLE 2 — Article 6 of the same Regulation has been amended as follows.
“Article 6 – Demands concerning the construction of ports are reported to the Ministry. These demands are evaluated taking into consideration the fish potential and production of the region, number of fisherman and fisherman ship, distance to the other ports and aqua culture production locations, feasible technical specifications, convenience of the utility zone situated behind the embankment fill.
The Ministry passes the accepted ones to the Ministry of Transportation together with the Feasibility Report. Contribution of the fishing port to production, processing, marketing and economy are investigated, computed and defined in the Feasibility Report.
Preliminary study, projects, plan and programs prepared by the Ministry of Transportation are examined by the commission established by the Ministry, the Ministry of Transportation and the Ministry of Public Works. Project proposals of the fishing ports the construction of which have been found appropriate are presented to the State Planning Organization Undersecretary by the Ministry of Transportation together with the feasibility studies and Environmental Impact Assessment (EIA) approvals. The projects of the fishing ports, the construction of which have been approved by the State Planning Organization Undersecretary are given place in the agriculture section of the investment program and their construction are carried out by the appropriations provided in the annual investment programs.
No change can be done in the investment plan and programs without the approval of the above mentioned establishments.”
ARTICLE 3 — Article 11 of the same Regulation has been amended as follows.
“Article 11 – Following the rental of the fishing port, sheltering fee is specified by the Provincial Directorate and the operator of the port considering the specifications such as the class of the port, the size, motor power, game tools and equipment capacity and type of gaming of the ships benefiting from the port within the framework of the principles defined in Annex-2. Sheltering fee is applied for one year beginning from the date of rental, in the consequence of being approved by the Ministry. In the determination of the sheltering fee for the following years, principles in the determination of annual increase in the rent of the port are taken as basis. Schedule of rates are announced in a visible place in the shelter administration building. In case, disagreement between the operator and the Provincial Directorate concerning the determination of the fee is under consideration, the situation is conveyed to the Ministry. The decision of the Ministry is irrevocable.”
ARTICLE 4 — Article 15 of the same Regulation has been amended as follows.
“Article 15 – Great repair works coming into existence in the consequence of waves and real disasters in the ports and the facilities are carried out within the budgetary contingencies pursuant to the methods and principles specified by the Ministry of Transportation.
Other repair works to happen due to maintenance and utility are carried out or are had carried out by the manager of the port.
Dredging search needed in the port are carried out within the budgetary contingencies pursuant to the methods and principles specified by the Ministry of Transportation.
Sand taken out during dredging performed by the Ministry of Transportation can not be utilized for commercial purpose. Nevertheless, in the condition that sand could be taken to the land, it can be utilized by the local organization of the Ministry of Finance.
In the condition that any dredging can not be carried out by the Ministry of Transportation, dredging of sand and other materials decided to be extricated in the principles specified by this Ministry are let to be performed by the port manager or other real and juristic persons by the Ministry of Finance, considering the cost specified by the Ministry of Finance.
Type and magnitude of the dredging of the basin and its bottom to be performed by the real and juristic persons with the approval of the Ministry of Finance, are prescribed by the provincial organization of the Ministry of Transportation in the direction of the sight of the Ministry and realized under supervision of these foundations.”
ARTICLE 5 — Article 17 of the same Regulation has been amended as follows.
“Article 17 – Ports, the construction of which have been realized within the framework of the Law on Ports Construction, No 6237 and transferred to the Municipality, Village Legal Person, Provincial Private Administration Directorate and similar foundations temporarily, are continued to be managed by the foundations to which they are transferred temporarily, provided to be pursuant to the transfer protocol and the subjects of this Regulation in accordance with Article 8, until being rented.”
ARTICLE 6 — The title of Article 21 of the same Regulation has been amended and the following paragraphs have been added.
“Cancellation of the Rental Contract and Temporary or Definite Transfer Protocol”
“In the condition that the ports temporarily of definitely transferred to the Municipality, Village Legal Person, Provincial Private Administration Directorate and similar foundations within the Law on Ports Construction, No 6237 are determined to be operated contrary to the subjects of this Regulation, the manager is asked for the eradication of the determined defects by the Ministry within one month.
In the condition that these defects are determined not to be eradicated in the controls performed, temporary transfer protocol is cancelled upon the proposal of the Ministry by the Ministry of Transportation and the facility is temporarily transferred to the Ministry. As Per Article 8 of this Regulation, until this facility is rented by the Ministry of Finance, operation and management of the facility are carried out by the Agriculture Provincial Directorate.
On the other hand, ones definite transfer of which have been realized by the Governmental Decree, upon the proposal of the Ministry and in case of acceptance of this proposal by the Ministry of Finance and the Ministry of Internal Affairs, present Decree is cancelled by the Ministry of Transportation and the facility is transferred temporarily to the Ministry on condition that it shall be rented.”
ARTICLE 7 — (1-c) sub-paragraph of paragraph (B) and paragraph (C) of the Principles pertaining to the Determination of Fishing Port Rent situated in Annex-1 of this Regulation.
“c) Costs of electricity, water, etc.
| Monthly (TL) | Annual Amount (TL) (Monthly x 12) |
|
| Electricity | ||
| Water | ||
| etc. |
“C- PROFIT
Annual Profit = Annual Income – Annual Expenditure
Institutions Tax (ratio specified by the Ministry of Finance)
Net Profit = Annual Profit- Institutions Tax
Appraised Rent = Net Profit”
Enforcement
ARTICLE 8 — This Regulation enters into force in the date of its publication.
Execution
ARTICLE 9 — The provisions of this Regulation are
executed by the Minister of Agriculture and Rural Affairs.