Fisheries (Purse Seine Vessel Days Scheme) Regulations, 2014

. ' ·'!.. . ... · .. : . ". ~ .. . . . . . REPBUPLIC OF KIRIBATI FISHERIES ACT 2010 (N0.6 OF 2010) FISHERIES (PURSE SEINE VESSEL DAYS SCHEME) REGULATIONS 2014 . ' ~ REPUBLIC OF KIRIBATI FISHERIES ACT2010 (N0.6 OF 20 I 0) FISHERIES (PURSE SElNE VESSEL DAYS SCHEME) REGULATIONS 2014 ARRANG EM ENT OF REG ULATIONS PART I - PRELIMINARY I. Short title and commencement 2. Interpretation PART II - FISHING DAYS 3. Requirement to comply with fishing days granted 4. Granting of fishing days 5. Calculation of fi shing days 6. Requirement for stowage of fi shing gear PA RT Ill - ACTIVITIES T HAT'CONSTITUTE NON FISHING DAYS 7. Licensed transit ' 8. Impact of bad weather 9. Full catch and sail ing for p rt 10. Bie~:d \ · 11. Net cleaning 12. Bunkering 13. Drifting 14. Provision of spare parts I 5. Emergency PART JV - MONITORING AND CONTROL 16. Requirement to install and operate mobile transceiver unit • 17. Operation and 'monitoring of mobile transceiver unit 18. Confidentiality and authorised release of VMS information 19. Mobile transceiver unit reporting requirements PART V - MISCELLANEOUS 20. General offences and penalty 21 . fenalty notice offence .. . --~ FISHERIES ACT 2010 (N0.6 OF 20 I 0) FISHERIES (PURSE SEINE VESSEL DAYS SCHEME) REGULATIONS 2014 In exercise of the powers conferred by section 45 of the Fisheries Act 20 I 0, the Beretitenti acting in accordance with the advice of the Cabinet, hereby makes the following Regulations: PART I-PRELIMINARY Short title and commencement I. These Regulations may be cited as the Fisheries (Purse Seine Vessel Days Scheme) Regulations 2014 and shall come into force on the date of its pub I ication by notice at the office of Te Beretitenti. lnterpretalion t 2. ( I) In these Regulations unless the context otherwise requires • ·· AcC refers to the Fisheries Act 20 I 0: .. elecLronic equipment'" means any device or system lhat can be used by a vessei to locate, track or otherwise monitor fish , fishing or related activity and includes but is not limited to (a) a video camera; (b) equipment associated with a Fish Aggregating Device: (c} radar: (d) satellite; (e) a fish'ftndcr; (t) beacon; or (g) a buoy. "exclusive economic zone" or ·'EEZ" has the same meaning as denoted in the Maritime Zones (Declaration) Act 2011; 1 fishing'· has the same meaning as denoted in the Act: ··fishing day'· means any calendar day, or part of a calendar day, during which a purse seine vessel is in the EEZ of Kiribati, but does not include a calendar day. or part of a calendar day. in which activities referred to in Regulations 7 - 15 arc undertaken; Kiribati waters" has the same meaning as denoted in the Act; ·'Length overall'" in relation to a purse seine vessel. means the distance in metres (with an accuracy of two decimal places) in a straight line between the foremost point of the bow and the aftermost point of the stem. provided that the bow shall be taken to include the watertight hull structure, forecastle. stem and forward bulwark. and the stem shall be taken to include the watertight hull structure. transom. poop, skiff ramp and bulwark. ·'mobile transceiver unit'' means an approved device placed on a fishing vessel that transmits either in conjunction with another device or devices or independently. information concern ing the position, fishing and such other activities of the vessel as may be required: '"non fishing day'' means a calendar day, or part of a calendar day. in which activities referred to in Regulations 7 - 15 are undertaken: ·'Palau Arrangement" means the Palau Arrangement for the Management of the Western Pacific Purse Seine Fishery adopted in 1995 as amended; related activity" has the same meaning as denoted in the Act; vessel m·onitoring system" means any system to monitor the position and activities of fishing vessels fof the purpose of effective management of fisheries; , ·•vessel monitoring system information' ' means all information generated and collected m respect of the operation of the vessel monitoring system. 2 . ' ~ · PART U - FISHING DAYS Requirement to comply with fishing days granted 3. (I) The operator and master of a purse seine vessel licensed or authorised to fish under the Act shall not exceed the fishing days granted to the vessel by the Director or Fisheries. (2) Where a licensed or authorised purse seine is likely to exceed the fishing days granted to it the operator of the vessel may apply to the Director of Fisheries for additional fishing days. Such vessel shall not engage in any fishing or related activity in Kiribati waters except for the additional fishing days granted. (3) The operator and master of a purse seine vessel that uses such vessel for fishing within Kiribati waters in excess of the fishing days granted, each commits an offence. Granting of fishing days 4. (I) The Director of Fisheries may, on approval of the Minister, grant fi shing days to a foreign fishing vclisel or fishing vessel registered in Kiribati in acC? ordance with this Regulation, or pursuant to a treaty or arrangement to wnich Kiribati is a party. (2) The fishing day granted under these Regu lations: (a) is persona l to the holder and is not transr rrabl : and (b) is subject to: 1. payment of the prescribed fee; 11. general and special conditions imposed under Regulation 9: and iii. compliance with the Act and its regulations. Calculation of f,shing days 5. (I) The Director of Fisheries shall apply the following principles in the cakulation of • fishing days: ' (a) subject to sub paragraph (b), if a purse seine vessel reports during any fishing day from positions in the EEZ of Kiribati, that fishing day shall be attributed to Kiribati according to the actual times spent by the vessel in its EEZ: 3 SL , i 2 Si (b) where the Director of Fisheries has been duly notified by the operator that a purse seine vessel will be in the EEZ of Kiribati but will not be undertaking fishing, the days or parts of days spent by the vessel in the EEZ of Kiribati will not be counted as fishing days provided the vessel does not undertake fishing during the period identified; (c) a fishing day by a purse seine vessel with a length overall of less than 50 metres shall equate to a deduction ofone half of a fishing day: (d) a fishing day by a purse seine vessel with a length overall of between 50 · metres and 80 metres shall equate to a deduction of one day fishing day: (e) a fishing day by a purse seine vessel with a length overall in excess of 80 metres shall equate to a deduction of one and one half fishing days: (I) except where the vessel proves that it has not been fishing including with the use of its electronic equipment, there shall be no deduction of fi shing days in" respect of any period spent by a purse seine vessel within a port of Kiribati or designated transhipment area in Kiribati : (g) except whci the vcssci pro es that it 11as not b · n fish ing includ ing wirh the use of its electronic equipment, there shall be no deduction of fishing days in respect of any period spent by a purse seine vessel within, the domestic fishing zone, the territorial sea, archipelagic waters and internal waters of Kiribati ; (h) for the purposes of the calculation of a fishing day, a day shall be treated as a fishing day when a purse seine fishing vessel undertakes any fishing dufing that day or part of the 24 hour period of that day; (i) for an unlicensed purse seine fishing vessel , any day or part of a day in the Kiribati EEZ shall be counted as a non-fishing day. (2) Notwithstanding sub-Regulation (I) paragraphs (f) and (g), the operator and \~aster of a purse seine vessel that is fishing, including with the use of its electronic 4 ~- equipment. within waters in which it is not licensed or authorized to fish commits an offence. (3) A person claiming non-fishing days for any activities undertaken in accordance with Regulations 7 - 15 shall submit such claim to the Director of Fisheries within 24 hours for the counting and verification of fishing days. Requirementfi>r stowage of gear 6. (I) The fishing gear of the purse seine vessel must be stowed in a manner as not to be readily available for fishing. A purse seine vessel shal.l be deemed to be fishing during any time that its fishing gear is not completely stowed. For stowage purposes, the boom must be lowered as far as possible so that the vessel cannot be used for fishing. bur so that the skiff is accessible for use in emergency situations; the helicopter. if any, must be tied down; and launches must be secured. (2) Where the fishing gear of a foreign fishing vessel is not completely stowed and that vessel is not licensed or autho'rized to fish within EEZ of Kiribati , such vessel commits an offenc!e and is liable to the penalty set out in section .8 of the Act. (3) Where the fi shing gear of a fore ign fi shing vessel is not comptetely stowed and that vessel is lic~ns d or authorised to fish within EEZ 01 : iribat i. u h vessel commits an offence and subject to these ·Regulations, the time spent within Kiribati waters with its gear not completely stowed shall be deducted from fishing days granted. ( 4) Where the fishing gear of a fishing vessel registered in Kiribati is not completely stowed and that vessel is not licensed or authorised to fish within Kiribati waters, such vessel commits an offence and is liable to the penalty set out in section 11 of the Act. • (5) Where the fishing gear of a fishing vessel registered in Kiribati is not completely stowed and that vessel is licensed or authorised to fish within Kiribati waters, such vessel commits an offence and subject to these Regulations. the time spent within Kiribati waters with its gear not completely stowed shall be deducted from fishing ~ys granted. 5 !','~ . .... r PART Ill - ACTIVITIES THAT CONSTITUTE NON FISHING DAYS Licensed transit 7. ( I) The transit of a licensed purse seine vessel in Kiribati waters undertaking during a calendar day. or part of a calendar day, may be attributed as a ·'non fishing day'· if: (a) prior written notification of the transit is provided 24 hours in advance to the Director of Fisheries in accordance with his or her requirements; (b) the notification contains information on the: i. destination of transit; 11. the point of entry into Kiribati waters; and 111. the point of exit from Kiribati waters. (2) The master and operator of a licensed purse seine vessel in transit shall ensure that: (a) all fi shing gear on the vessel is stowed: (b) the vesse l proceeds directly from the point of entry into Kiribati waters to the inr fex ·tn ificd in advance:and lC) t c t.:: s I maintains a : tia ighl course and a ,ea ·y · during the tran ·it. (3) Where the licensed purse seine vessel trclflsiting Kiribati waters: (a) does not comply with any requirement in sub-Regulation (I): or (b) undertakes fishing during any period of the transit notification, then each ·calendar day, or part of a calendar day, of such transit notified may be deemed fishing days. Impact of Bad Weather 8. (I) Bad weather experienced by a licensed purse seine vessel during a calendar day. or part of a calendar day, may be attributed as a "non fishing day" if: (a) written notification of the bad weather is provided by the Captain or operator of the vessel to the Director of Fisheries in accordance with his or her requirements; 6 ~ r r·· ,j . (b) the notification contains specific infonnation relating to the bad weather including the scale of strong winds, state of the sea, and current patterns: (c) the vessel is unable to make a set or unable to undertake any fishing during the 24 hour period; and (d) the bad weather event is verified by the report of the observer on board. (2) Where the licensed purse seine vessel reporting bad weather in Kiribati waters: (a) does not comply with any requirement in sub-Regulation (I): or (b) undertakes fishing or related activities, then each calendar day. or part of a calendar day; of such bad weather notified may be deemed fishing days. Full catch and sailing for port 9. ( I) A notification by a licensed purse seine vessel that it has full catch and it is sailing fo r a des ignated port, may be attribtfted as a "non fi shing day'· i f: • (a) written notification that the vessel has a full catch and is bound for port is provided by the Captain o r operator of the vessel to the Direc tor o f Fisheries i , c ordanc with his r , er iCq uirements; or (b) where the vessel does not have a full catch, written notification that the vessel is bound for port is provided by the master or operator of the vessel to the Director of Fisheries in accordance with his or her requirements: provided that any notification shall include the vessel's position and destination port. (2) The master and operator of a licensed purse seine vessel bound for port shall • ensure that: (a) all fishing gear on the vessel are stowed; (b) the vessel proceeds directly from its position to its port destination; and (c) the vessel maintains a straight course and a steady speed . . ) Where the licensed purse seine vessel: 7 ·, .. ' -~ r (a) does not comply with any requirement in sub-Regulations (I) or (2): or (b) undertakes fishing on return to the port destination, then each calendar day, or part of a calendar day, of the return travel may be deemed fishing days. Breakdown I 0. (I) A notification by a licensed purse seine vessel that it has had a breakdown. may be attributed as a ··non fishing day" if: (a) written notification that the vessel has not engaged in fishing or related activity within a 24 hour period is provided by the master or operator of the vessel to the Director of Fisheries in accordance with his or her requirements; and (b) the breakdown is of such a nature that prevents the vessel from fishing; (c) the breakdown is verified by the report of the observer on board. (2 ) Where the licensed purse seine vessel: (a) does ndt comply with any requirement in sub-Regulation (I); or (b) undertakes fishing within the 24 hour period. then ·uch ca lendar da r p- n 0/" a ali:nd' d ·, of the br ·a d:n n noiifi d may ' ... mcd fishing days. Net cleaning 11. ( 1) A notification by a licensed purse seine vessel that it is cleaning its net, may be attributed as a '·non fishing day" if: (a) written notification that the vessel is cleaning its net is provided by the , master or operator of the vessel to the Director of Fisheries in accordance , with his or her requirements: (b) there is no fishing during the 24 hours: (c) the net is placed in a straight line without the purse wire attached: and (d) the net cleaning is verified by the report of the observer on board. \~ Where the licensed purse seine vessel: 8 ~ (a) does not comply with any requirement in sub-Regulation (I ): or (b) undertakes fishing within the 24 hour period, then each calendar day. or part of a c.alendar day, of the net cleaning notified may be deemed fishing days. Bunkering 12. (I ) A notification by a licensed purse seine vessel that it is bunkering. may be attributed as a ·' non fishing day" if: (a) written notification that the vessel is bunkering is provided by the master or operator of the vessel to the Director of Fisheries in accordance with his or her requirements; (b) there is no fishing during the 24 hours; and (c) the bunkering activity is verified by the report of the observer on board. (2) Where the licensed purse seine vessel: (a) does not comply with any requirement i~ s.ub-Regulation. ( I) : or (b) undertakes fi shing within the 24 hour period. en ea h ea endar day, or part of a calendar ay, of th bunkering notific · ma be deemed fi shing days. Drifting 13 . ( I) A notification by a licensed purse seine vessel that it is drifting. may be attributed as a "non fishing day" if: ,. (a) prior written notification that the vessel is drifting is provided by the master or operator of the vessel to the Director of Fisheries in accordance • , with his or her requirements for such notification: (b) such notification includes the purpose of drifting and the start and end time of drifting; (c) there is no fishing during the period of drifting as advised; and (d) the drifting is verified by the report of the observer on board. 9 ' -~- (2) Where the licensed purse seine vessel: (a) does not comply with any requirement in sub-Regulation (I): or (b) undertakes fishing or related activity within the period of drifting as advised. including the use of its electronic equipment for searching. then each calendar day, or part of a calendar day, of the time for drifting notified may be deemed fishing days. Provisioning of 1pare parts 14. (I) A notification by a licensed purse seine vessel that it is provisioning spare parts. may be attributed as a " non fishing day" if: (a) written notification that the vessel is provisioning spare parts is provided by the master or operator of the vessel to the Director of Fisheries in accordance with his or her requirements for such notification: (b) there is no fishing during the 24 hours: and (c) the provisioning is verified by the report of the observer on board. (2) Where the liceflsed purse-seine vessel : (a) does not comply with any requ irement in sub-Regulation (1 ); or (b) undertakes fi shing or othe r re lated act i ity within he 24 hou r eriod. then each calendar day, or part of a calendar day. of the time taken for the provisioning of spare parts notified may be deemed fishing days. Emergency 15. (I) A notification by a licensed purse seine vessel of an emergency, may be attributed • as a ·'non fishing day" if: (a) written notification that there is an emergency is provided by the master or operator of the vessel to the Director of Fisheries in accordance with his or her requirements for notification; (b) there is no fishing during the 24 hours period; ( c) the emergency relates to: 10 ~ D I. the health and safety of the crew; 11. the safety of the vessel; iii . assistance in a search and rescue operation at sea; and (d) the emergency is verified by the report of the observer on board. (2) Where the licensed purse seine vessel: (a) does not comply with any requirement in sub-Regulation (I); or (b) undertakes fishing or related activity within the 24 hour period. then each calendar day. or part of a calendar day, of the time for the emergency notified may be deemed fishing days. PART IV - MONITORING AND CONTROL Requirement to install and operate mobile transceiver unit I 6. ( I) No fishing licence or authorisation shall be issued pursuant to the Act unless the master. owner, optraror. charterer, as the case may ~e~ has installed on the vessel. an approved mobile transceiver unit in accordance with specifications and procedures approved by the Director of Fisheries and that such mobile transceiver unit i \ it hed or. a:d is oper~ ·n- ,Jroperly at all times during the period of v Ji ity oft e licence or authorisation. (2) No fishing licence or authorisation shall be issued pursuant to the Act unless the master, owner. operator, charterer, as the case may be. consents to the monitoring of the said mobile transceiver unit at all times within and beyond Kiribati waters during the period ofvalidity of such licence or authorisation. , (3) A person that contravenes sub-Regulations {I) or (2) commits an offence. (4) A mobile transceiver unit is deemed to be an "observer device" for the purposes of section 36 of the Act. Operation and monitoring of mobile transceiver unit 11 I :trr r m ~ 17. (I) The owner or operator of a fishing vessel licensed or authorised pursuant to the Act shall (a) maintain the mobile transceiver unit in good working order at all times during the period of validity of the licence or authorisation when the vessel is in Kiribati waters. on the high seas or in waters under the jurisdiction of another State: (b) not interfere with, tamper with, alter, damage, or disable the mobile transceiver unit: (c) not move or remove the mobile transceiver unit from the original position in which such unit was installed without the prior permission of the Director of Fisheries: (d) ensure that upon notification by the Director of Fisheries or otlicers designated by the Director that the vessel ' s mobile transceiver unit has failed to transmit, comply with the directives of the Director of Fisheries or officers designated by the Director until such time that the vesser s mobile transceiver unit is functioning properly; (e) authorise the Director to' be able to monitor the vessel at all times during the period of validity of the licence orauthorisation (f) allow for the auditing and interrogation of the mobile transceiver unit b auth ri ed office r or officers designated by the Director of Fisherie -. (2) The Director of Fisheries mayr with the approval of the Minister, suspend or cancel the licence or authorisation of any fishing vessel registered in Kiribati or foreign fishing vessel that fails to comply with these conditions. (3) A person that contravenes sub-Regulation ( 1) commits an offence under section 36 of the Act and is liable on conviction to penalties stipulated therein . • Con}identiality and auJhorised release of VMS information 18. (I) The ownership of all vessel monitoring system information generated in Kiribati waters or by fishing vessels registered in Kiribati within or beyond Kiribati waters vests in the State. ~) Vessel monitoring system information is classified as confidential information. 12 ~ (3) The Minister may authorise the release of vessel monitoring system information only in the following circumstances (a) cooperation in monitoring, control and surveillance with other agencies of government including border control agencies: (b) discharge of international and regional obligations assumed by Kiribati: (c) under agreements for the exchange of vessel monitoring system information for purposes including but not limited to scientific purposes and to deter and eliminate illegal, unreported and unregulated fishing; ( d) maintenance of law and order; or (e) safety of life. Mobile transceiver unit reporting requirements 19. (I) Subject to this Regulation, the owner or operator of a purse seine vessel licensed or authorised pursuant to the Act shall ensure that the mobile transceiver unit provides location transmissions a l intervals of at least one hour . • (2) Where the mobile transceiver unit of a purse seine vessel is unable to transmit for any reason. the Director of Fisheries shall promptly notify the master or operator of t e vessel f t ,e fo iiure. The master or operator of t, v s e l s, all, as s on as practicable, submit a transmission failure report to the Director of Fisheries. The first transmission failure report shall account for the period from the time of the failure or the notification from the Director of Fisheries to the time of submission of the report. Subsequent transmission failure reports shall be submitted at intervals of two (2) hours. Transmission failure reports shall include information on the position of the vessel, speed, heading, activity, catch on board by species and such other infonnation required by the Director of Fisheries. , (3) Where a purse seine vessel is unable to comply with the requirements of this Regulation, the master of that vessel must immediately stow the vessel ' s fishing gear and t.ake the vessel directly to the nearest port, or such other port as the Director of Fisheries directs. and immediately report to the Director of Fisheries of actions taken. 13 . ... ~·., ,.. . ~ (4) A person that contravenes this Regulation commits an offence. PART V - MISCELLANEOUS General offences and penalty 20. ( 1) A person who commits an offence against these Regulations for which no other penalty is provided is liable for a penalty (a) in the case of a natural person - a fine not more than $5.000; and (b) in the case of a corporation - a fine not more than $ I 0,000. (2) Where the offence is a continuing one, a person shall be liable to a further fine not exceeding $1 ,000 for every day that the offence has continued. Penalty notice offence 21. Where appropriate, a penalty notice may be served for an offence against these Regulations pursuant to the requirements set out in section 41 o f the et. Made this f7l!fi.. day of e tember. 20 14. Published by exhibition at the Office of the Beretitenti this ..... .. ... . day of September. 2014 . ............. CJ un.. ,, ..... .......... . TEEA TIIRA SECRET ARY TO THE CABINET 14