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Namibia To Decide This Week Tuna Pirate-Fishing Suspectff

12 July 2004 Namibia

The Spanish captain of a vessel that was caught allegedly fishing illegally in Namibian waters in mid-June was informed on Thursday that he is set to know more about his fate this week.

Jorge Alonso Martinez (24), captain of the Spanish-registered fishing boat Maral, made another appearance before Assistant Magistrate Cornelia Lehanie in the Luderitz Magistrate's Court on Thursday.

He was told that he has to return to court on July 8 to hear what the Prosecutor General has decided about what charges he will be tried on and in what court. Martinez, who is the only member of a crew of 12 to face prosecution, will remain free on bail of N$50 000 until Thursday. He was released on bail on June 25, 11 days after the Maral was allegedly found doing longline fishing within Namibian territorial waters some 300 kilometres south of Luderitz.

When inspectors from the fisheries patrol boat Nathaniel Maxuilili boarded the Maral on the afternoon of June 14, it is claimed, they found that the vessel, which does not have a licence to fish in Namibian waters, had its longlines in the water, and had close to a ton of tuna, swordfish and shark on board.

At his first appearance in court, on June 18, the preliminary indictment against Martinez listed five charges, all under the Marine Resources Act of 2000. These were counts of the unlicensed use of fishing gear, the unauthorised harvesting of marine resources for commercial purposes, carrying fishing gear that is not dismantled on board a fishing vessel that is not licensed to fish in Namibian waters, allowing a vessel in Namibian waters with its fishing gear not dismantled, and unlicensed fishing.

Under the Act, the charges carry maximum penalties of fines up to N$2 million for unlicensed fishing, or a fines of up to N$1 million for the unauthorised harvesting of marine resources, or up to N$500 000 for not stowing away the fishing gear of a vessel when it is in an area of Namibia's territorial waters where it is not authorised to fish.

The Act also gives courts the power to declare a vessel found to have been fishing illegally in Namibian waters as forfeited to the State.