Fisheries Act (Chapter No. 214)

1197 PNG 46 INDEPENDENTSTATE OF PAPUJ\..NEW GUINEA. CHAPTER No. 214. Fisheries. GENERAL ANNOTATION. ADMINISTRATION. The administration of this Chapter was vested in the Minister for Primary Industry at the date of its preparation for inclusion. The present administration may be ascertained by reference to the most recent Determination of Tides and Responsibilities of Ministers made under Section 148(1) of the Constitution. References in or in relation to this Chapter to "the Departmental Head"-should be read as references to the Secretary for Primary Industry; "the Department''e-sbould be read as references to the Department of Primary Industry. TABLE OF CONTENTS. Page. Fisheries Act ........................................•...................... 3 Fisheries Regulation 19 Subsidiary Legislation' ..........................•...................................... Appendixes 1. Source of Act. 2. Source of Regulation. 'subsid~ legislation has not been updated. 1 Prepared for inclusion as at 1/111980. 1198 PNG 47 INDEPENDENT STATE OF PAPUA NEW GUINEA. CHAPTER No. 214. Fisheries Act. ARRANGEMENT OF SECTIONS. PART I.-PREUMINARY. 1. Imerpretation "boat" "carrying" "the declared fishing zone" "fish" "fisherman" "fishing" "foreign boat" "net" "officer" "Papua New Guinea boat" "processing" "the regulations" "take" "this Act" "traditional fishing" "trap". 2. Application. 3. Application of Tuna Resources Management Act. 4. Exemptions. PART H.-REGULATION OF FISHING. 5. Control of fishing. 5A. Determination of allowable level of fishing. 6. Licences. 7. Special provisions for major operations. 8. Cancellation and suspension of licences. 9. Powers of officers. PART Ill.-QFFENCES. 9A. Interpretation of Part III "waters". 10. Fishing, carrying, etc., without licence. II. Removing fish from traps, etc, 12. Foreign boats fishing in declared fishing zone. 13. Obstruction of officers. etc. 14. Liabiliry of master or person in charge of boat. 15. Forfeiture in relation to foreign boats. 16. Forfeiture of foreign boats. 17. Forfeited goods. 18. Evidence. 3 Prepared for inclusion as at 1/1/1980. 1199 PNG 48 Ch. No. 214 Fisheries PART IV.-REsEARCH AND DEVELOPMENT. 19. Exploratory operations. 20. Investigations. 20A. Exercise of Minister's powers. PART V.-MISCELUNEQUS. 21. Regulations. 4 Prepared for inclusion asat 1/1/1980. 1200 PNG 49 INDEPENDENT STATE OF PAPUA NEW GUINEA. CHAPTER No. 214. Fisheries Act. Being an Act relating to fisheries. PART I.-PREUMINARY. 1. Interpretation. (1) In this Act, unless the contrary intention appears "boat" means steamer, launch, vessel, hovercraft, submersible or floating craft of any description; "carrying", in relation to fish, includes preserving for the purpose of carriage and storing for that purpose; "the declared fishing zone" means the area declared under Subsection (2). "fish" includes (a) turtles: and (bl dugong; and (c) subject ro Paragraph (e), crustacea, molluscs, trochus and beche-de-mer, but does not include (d) any species of whales; or (e) any organism that is a sedentary organism for the purposes of the Continental Shelf(Lit'ing NaturalResources) Act, "fisherman" means a person licensed under this Act to take fish; "fishing" means the taking of fish, and includes (a) the processing; or (b) the carrying; or (c) the storing, of fish that have been taken; "foreign boat" means a boat other than a Papua New Guinea boat; "net" means a fabric of rope, cord, twine or other material knotted or woven into meshes and designed or fitted to catch fish; 5 Prepared for inclusion as at 1/1/1980. Ch. No. 214 1201 PNG SO Fisheries "officer" means (a) an officer or employee of the Public Service or of an authority of Papua New Guinea who is authorized in writing by the Minister to perform duties under this Act; or (b) a member of the Police Force; or (e) a member of the Defence Force; "Papua New Guinea boat" means a boat the operations of which are based on a place in the COUntry and that is wholly owned by a natural person who is a resident of, or by a company incorporated in, the country, being a boat that (a) was built in the country; or (b) has been IawfuIly imported into the country, otherwise than for a limited period; or (c) has been sold, or otherwise disposed of, in the country after having been forfeited or distrained under an Act or, before Independence Day, an ACtof Australia; "processing", in relation to fish, includes the work of cutting up; dismembering, cleaning, sorting and packing; "the regulations" means any regulations made under this'ACt; "take", in relation to fish, means take, catch or capture for trading or manufactur ing purposes; "this Act" includes the regulations; "traditional fishing" means fishing by natives' where (a) the fish are taken in a manner that, as regards the boat, the equipment and the method used, is substantially in accordance with the traditions of the indigenous inhabitants of Papua New Guinea; and (b) the fish are landed in the country by the boat from which they are taken, or are transhipped from that boat to a boat the licence in respect of which is specially endorsed under Section 6(4)(b); "trap" means an enclosure (not being a net) designed to catch fish, whether fixed to the shore or not. (2) The Head of State, acting on advice, may, by notice in the National Gazette, declare the offshore seas or a part of the offshore seas to be the declared fishing zone. (3) Until a declaration is made under Subsection (2) the area of the territorial sea shall bedeemed co have been declared under that subsection. (Amnadtd by No.6 0/ 1977, s. 1.) 2. Application. This Act applies (a) in and in relation to the declared fishing zone and the-internal waters-to all persons (including foreigners), and to all boats (including foreign boats); and (b) in and in relation to any ocher waters-to all Papua New Guinea boats and co all persons on them or dealing with, or having any relevant relationship co, them or persons on them. (AmerukJ byNo.6 0/ 1977, s.2.) 3. Application of Tuna Resources Management Act. This Act shall be read subject to the Tuna Resources Management Act. 6 Prepared for iodusion as at 1/111980. 1202 PNG 51 Fisheries Ch. No. 214 4. Exemptions. (1) This Act does nor apply to or in relation to the taking of fish (a) for consumption, and not for sale or trading or for manufacturing purposes; or (b) for sport or pleasure; or (c) by traditional fishing; or (d) under an exemption under this section. (2) The Minister may, by instrument, exempt from all or any of the provisions of this Act a boat that he is satisfied is being used, or is to be used, in a survey of the fishing resources of the country in a case where no information, or no adequate information, already exists. (2M Where the Head of State, acting on advice, considers that it is expedient to do so in the interests of the Papua New Guinea fishing industry or of international co-operation he may by instrument exempt a foreign boat or a class of foreign boars from all or any of the provisions of this Act. (Added by No.6 of 1977, s. 3.) (3) An exemption under Subsection (2) may be for such period and for such area, and be subject to such conditions, as the Minister thinks proper and specifies in the instrument. (3M An exemption under Subsection (2A) may be for such period and for such area, and be subject to such conditions, as the Head of State, acting on advice, thinks proper and specifies in the instrument. (Added by No.6 of 1977, s. 3.) (4) In any proceedings under this Act, the burden of proof of a matter referred to in Subsection (1) is on the defendant. PART n.-REGUlATION OF FISHING. 5. Control of fishing. (1) The Minister may, by notice in the National Gazette \a) prohibit at all times, or during a period specified in the notice, the taking, from any area of waters, of fish, or of fish included in a class of fish specified in the notice; and (b) prohibit the taking, from any area of waters, of fish included in a class of fish specified in the notice that (i) are less than a size specified; or (ii) are not greater than a size specified; or (iii) have a dimension less than a dimension specified; or (iv) have a part with a dimension less than a dimension specified in relation to that pace; and (c) prohibit the taking, from any area of waters, of fish, or of fish included in a class of fish specified in the notice, by a method or equipment specified in the notice; and (d) prohibit fishing in any area of waters in respect of fish included in a class of fish specified in the notice, other than fishing that consists of taking, processing or carrying fish of that class with the use of a boat in respect of which there is a licence under Section 6 chat, by virtue of an endorsement 7 Prepared for inclusion as at 1/1/1980. 1203 PNG 52 Ch. No. 214 Fisheries under Secrion 6(3), extends to authorizing that taking, processing or carrying, as the case may be; and (e) prohibit a person from having in his possession or in his charge in a boat, in any area of waters, equipment of a specified kind for taking fish unless the equipment is stowed and secured; and (f) prohibit a person from using, or having in his possession or in his charge in a boat, in any area of waters, a quantity of equipment of a specified kind for 7 . 1 Prepared foe inclusion as lit 1/1/1980. 1204 PNG 53 Ch. No. 214 Fisheries taking fish that is a quantity in excess of a quantity specified in, or ascertainable as provided in, the notice; and (g) prohibit a person from using or having in his possession or in his charge in a boat, in any area of waters to which a notice under Paragraph (/) applies, equipment of a kind to which the notice applies, unless the equipment is registered or there is a licence in respect of the equipment, (2) A notice under this section may provide for exemptions from the prohibition in the notice. (3) Without limiting the generality of the power conferred by Subsection (1) to prohibit the taking of fish included in a class of fish, the power extends to prohibiting, in the case of rock lobsters, the taking of female rock lobsters having eggs or spawn attached to them. (4) In a notice under Subsection (1 )(b), the Minister may also prohibit the cutting up or dismembering, on a boat in any" area of waters, of the fish, or of the fish included in the class of fish, specified in the notice, that are taken from any specified area of waters. SA. Determination of allowable level of fishing. In determining the allowable level of fishing in the declared fishing zone by foreign nationals or boats of foreign states the Minister shall have regard to (a) whether such states have co-operated with Papua New Guinea in. and made substantial contributions to, the development of the Papua New Guinea fishing industry, fishery research and the identification of fishing resources; and (b) any rights of a reciprocal nature granted to Papua New Guinea nationals or boats by such states; and (e) whether such states have co-operated with Papua New Guinea in enforcement and with respect to the conservation and management of fishing resources; and (d) whether, and to what extent, the fishing vessels of such states have tradition ally engaged in such fishing; and (e) such other matters as the Minister, in consultation with the Minister responsible for foreign affairs, deems appropriate. (Amended byNo.6 0/ 1977, s. 4.) 6. Licences. (1) The Minister may grant to a person a licence to engage in fishing in any area of waters. (2) The Minister may grant to a person a licence in respect of a boat authorizing the use of the boat by that person, or by a person acting on his behalf, in any area of waters (a) for the taking of fish, and for the processing and carrying of fish that have been taken with the use of the boat; or (b) for the carrying, or for the processing and carrying, of fish that have not been taken by the use of the boat. (3) Where a licence granted under this section authorizes the use of a boat for a purpose in an area of waters that includes an area of waters to which a notice under Section 8 Prepared for inclwion as at 1/1/1980. 1205 PNG 54 Fisheries Ch. No. 214 5(1)(d) applies, the Minister may endorse the licence so as to extend it to authorize the use of the boat for that purpose (a) in the area of waters; and (b) in respect of fish, to which the notice applies. (4) A licence granted under this section (a) is subject to the conditions specified in the licence; and (b) may be specially endorsed for the purposes of Paragraph (b) of the definition of "traditional fishing" in Section 1. allowing fish taken in accordance with Paragraph (a) of that definition to be transhipped to it; and (e) comes inca force on a date specified in it or, if no date is specified, on the date on which it is granted; and (d) remains in force, subject to this section, until the expiration of the day specified for the purpose in accordance with Subsection (6). (5) A licence may contain a condition that an officer (a) shall be allowed to be on board; and (b) shall be provided with reasonable board and accommodation, free of charge, at all times or at any time while the boat is operating under it. 8.1 Prepared for inclusion as at 11111980. 1206 PNG 55 Fisheries Ch. No. 214 (6) A licence granted under this section shall specify as the day until which it is to remain in force (a) a day in the period of 12 months commencing on the day on which the licence comes into force; or (b) in the case of a licence that comes into force during the month of December in any year-a day not later than 31 December in the next year. (7) On the application of the holder of a licence in respect of a boar and of another person as proposed transferee, the Minister may transfer the licence to that other person. (8) The prescribed fees (if any) are payable in respect of (a) the grant; or (b) the endorsement; or «() the transfer, of a licence under this section. (9) A licence shall be in a form approv.ed by the Minister. (10) Registers showing particulars of the licences granted under this section and in force from time to time shall be kept at such places as the Minister directs. 7. Special provisions for major operations. The Minister (a) in the case of any application for a licence-may; and (b) in the case of an application where in his opinion the capital value of the investment in the fishing operations proposed and in any associated opera tions in the country. exceeds or may exceed K250 OOO.OO-shali. refer the matter to the National Executive Council before granting or refusing the application. 8. Cancellation and suspension of licences. The Minister may cancel a licence under Section 6, or may cancel such a licence in its application to an area of waters, if (a) he is satisfied that there has been a contravention of, or a failure to comply with, a condition to which the licence is subject; or (b) the holder of the licence has been convicted of an offence against this Act or the Contintntal Shelf ILitoing Natural Resources) A(t. (2) The Minister may, by written notice expressed to be under this subsection given to a licensee under Section 6, suspend the licence if he has reasonable grounds to suspect that there has been a contravention of, or a failure to comply with, a condition to which the licence is subject, not being a ground in relation to which he has previously exercised his powers under this subsection in relation to that person. (3) Unless SOOner revoked, the suspension of a licence under Subsection (2) ceases (a) if proceedings for an offence in respect of the licence are instituted against the licensee within one month after the suspension-on the completion of the proceedings; or (b) in any other case-on the expiration of one month after the suspension. (4) The Minister may, by written notice expressed to be under this section given to a licensee under Section 6, suspend the licence for a specified period if he is satisfied that 9 1207 PNG 56 Ch. No. 214 Fisheries suspension for that period under this subsection is necessary for the proper management of fisheries in an area. (5) A suspension of a licence under Subsection (2) or (4) may be expressed to operate generally or so far as the licence applies in relation to a specified area of waters. 9. Powers of officers. An officer may (a) board or enter on a boat that he has reason ro believe has been used, is being used or is intended to be used for fishing, and search rhe boat for fish and for equipment used or capable of being used for fishing; and (b) enter and search any vehicle. premises or place (i) in or on which he has reason to suspect that evidence of an offence against this Act may be found; or (ii) rhar ir is necessary or expedient to search to ascertain whether this Ace is being or has been complied with; and (c) examine any equipment that is found in or On any boat, vehicle, premises or place, being equipment that he has reason ro believe has been used, is being used or is intended to be used for fishing; and (d) seize, take, detain, remove and secure any fish, boat. net, trap or equipment that he has reason to believe has been taken or used, is being used or is intended to be used in 'contravention of this Act; and (e) arrest, without warrant, a person whom he has reason to believe has committed an offence against rhis Act; and (f) require rhe master or other person in charge of a boat that he has reason to believe has been used, is being used or is inrended to be used in contravention of this Act (i) to bring the boat to a place in the country specified by the officer; and (ii) to remain in conrrol of the boat at that place until an officer permits him to depart from that place; and (g) bring a boat that he has reason to believe has been used, is being used or is intended co be used in contravention of this Act to a place in the country, and remain in control of the boat pending the taking and determination of proceedings in respect of the contravention; and (b) where a boat is seized under Section 16, require the master or Other person who was in charge of the boat immediately before it was seized (i) to bring the boat co a place in the country specified by the officer; and (ii) to remain in conrrol of the boat at that place until an officer permits him to depart from that place; and (i) bring a boat seized under Section 16 to a place in the country, and remain in control of the boat pending the condemnation, recovery or release of the boat; and (j) require the master or other person in charge of a boat in respect of which a licensee under this Act is required (i) to produce the licence for the boat (and he may take copies of, or extracts from, the licence); and 10 1208 PNG 57 Fisheries Ch. No. 214 tii) [() give informacion concerning the boat and her crew and any person on board the boat; and (!o) require a person who (i) is on board a boat in respect of which a licence under this Act is required; or (ii) is engaged in fishing, to state his name and place of abode; and (/) require a person whom he has reason to believe has committed an offence against this Act, to state his name and place of abode; and (m) require a person engaged in fishing to state whether he is a licensee under Section 6(1) and, if so, to produce the licence; and (n) sell any fish seized by him under this Act. PART III.-OFFENCES. 9A. Interpretation of Pan III. In this Part, unless the contrary intention appears "waters" means internal waters and the offshore seas. IAddtd by No.6 of 1977, s. 5.) 10. Fishing, carrying, etc., without licence. (1) A person who (a) on his own account, or as the partner,agent or employee of another person, engages infishing in any area of waters except as authorized by a licence granted to him under Section 6(1); or (b) in any area of waters (i) uses a boat for taking fish; or (ii) uses a boat for processing fish that have been taken with the use of the boat; or (iii) uses a boat, not being a foreign boat. for carrying fish that have been taken with the use of the boar; or (iv) has in his possession or in his charge a boat for taking fish, except as authorized by a licence granted to him, or to a person on whose behalf he is acting, under Section 6(2)(a); or (e) in any area of waters uses a boat for processing or carrying fish that have been taken with the use of another boat except as authorized by a licence granted to him, or to a person on whose behalf he is acting, under Section 6(2)(b) authorizing the use of the first-mentioned boat for the processing or for the carrying, as the case may be, in the area; or (J) in any area of waters, has any fish in his possession or under his control in a boat at a time when the taking of the fish in the area is prohibited by a notice under Section 5; or (t) being a licensee under this Act, contravenes a condition of the licence; or (/) being a licensee under this Act in respect of a boat, causes or permits a person acting on his behalf to contravene a condition of the licence; or (g) being a person acting on behalf of a licensee under this Act in respect of a boat, contravenes a condition of the licence; or 11 Prepared for inclusion as at 1/1/1980. Ch. No. 214 1209 PNG 58 Fisheries (b) does an act prohibited by a notice for the time being in force under Section 5, is guilty of an offence. Penalty: A fine not exceeding Kl 000.00. (2) Except with the consent of the Minister and subject .eo such conditions as the Minister thinks proper, or by virtue of an endorsement under Section 6(4)(h), a person who, in any area of waters, tranships fish to or from a boat for which there is no licence in force under Section 6(2)(b) is guilty of an offence. (3) A reference in Subsection (l)(b)(iv) to a boat shall be read as not including a reference to. a foreign boat if the equipment for the taking of fish belonging to the boat is stowed and secured. (4) It is a defence to a prosecution for an offence against Subsection (l)(d) if the person charged satisfies the coun (a) that the fish was not taken, caught, captured or retained for trading or manufacturing purposes; or (b) that the fish was not taken, caught or captured in the area of waters referred to in that paragraph; or (c) that the taking, catching or capturing of the fish was not in contravention of this Act. (5) For the purposes of the prosecution of a personfor an offence against Subsection (1), an.act done by an employee or other agent of the person charged shall be deemed to have been done alsoby that Person. (6) Subject to Section 15, where a court convicts a person of an offence against this section the court may order the forfeiture of (a) a boat, net, trap or equipment used in the commission of the offence: or (b) fish on board the boat at the time ofthe offence; or (c) the proceeds of sale of the fish. 11. Removing fish from traps, etc. A person who, in any area of waters, removes a fish from a net, trap or other equipment for the taking of fish is guilty of an offence unless he is the owner of the net, trap or other equipment or is acting with the authority of the owner. Penalty: A fine not exceeding K200.00 or imprisonment for a term not exceeding six months. 12. Foreign boats fishing in declared fishing zone. (1) A person who, in the declared fishing zone or in the internal waters (a) uses a foreign boat for taking fish; or (b) uses a foreign boat for processing fish that have been taken with the use of the boat; or 12 Prepared for inclusion asat 1/1/1980. 1210 PNG 59 Fisheries Ch. No. 214 (c) has in his possession or in his charge a foreign boat for takingfish, unless there is in force a licence under Section6(2)(a) authorizingthe use of the boat in the area of waters concerned, is guilty of an offence. Penalty: On summary conviccion-a fine not exceeding Kl 000.00 or imprisonment for a term not exceeding six months, or both. On conviction on indictment-e-a fine of not less chan KIOOO.OO and not exceeding KI0 000.00, or imprisonment for a term not exceeding one year, or both. (Amt1Iikd byNo.6 of 1977, s. 9.). 12\ A person who, in the declared fishing zone orin the internal waters, usesa foreign boat for processing or carryingfish that have been taken with the use of another ooac (a) except as permitted by Section 10(2);or (b) unless there is in force a licence under Section 6(2)(a) authorizing the use of the foreign boat for the processing or for the carrying, as the case may be, in the area of waters concerned, is guiltyof an offence. Penalty: On summary conviction-a fine not' exceeding KI 000.00 or imprisonment for a term not exceedingsix months, or both. On conviction on indictment-a fine of not less than Kl 000.00 and not exceeding KI0 000.00, or imprisonment for a term not exceedingone year, or both, (Amrnded byNo.6 of 1977, s. 9.) (3) Ii. reference in Subsection (1)(c) to a foreign boat shall be read as nor including a reference to a foreign boat whose nets, traps and other equipment for the taki[ig of fish are stowed and secured. (4) Subject to Subsection (5), an offence against this section may be prosecuted either summarily or on indictment, but an offender is not liable to be prosecuted more than once for the sameoffence. (5) Proceedings for an offence against this section shall [lot be heard and determined summarily except with the consent of the defendant. 13. Obstruction of officers, etc. A person who (a) fails to facilitate by all reasonablemeans the boarding of a boat by an officer; or (b) refuses to allow a search to be made that is authorized by or under chis Act; or (c) refuses or neglects to comply with a requirement made by an officer under Section 9; or (d) when lawfully required to starehis name and place of abode to an officer, states a false name or place of abode to the officer; or (e) when lawfully required by an officer to give information, gives false or misleading information; or (/) uses abusive or threatening language to an officer; or (g) assaults, resists or obstructs an officer acting under this Act; or (b) impersonates an officer; or 13 Prepared for inclusion as at 11111980. 1211 PNG 60 Ch. No. 214 Fisheries (i) in an application for the purposes of this Act, makes a statement or gives information that is false or misleading in any particular, is guilty of an offence. Penalty: A fine not exceeding Kl 000.00 or imprisonment for a term not exceeding six months. 14. Liability of master or person in charge of boat. (l) The master or other person in charge of a boat on which, or by the use of which, an offence against this Act (in this section referred to as "the primary offence") is committed is guilty of an offence against this section punishable on conviction as if it were the primary offence. (2) A person may be convicted of an offence against this section whether or not the identity of the person who committed the primary offence appears, or has appeared, from the evidence in the proceedings in respect of the offence against this section or in any other proceedings, but shall not be convicted both of an offence against this section and of the primary offence. (3) The provisions of Section 10 relating to forfeiture, and of Section 15, apply where a person is convicted of an offence against this section in the same manner as they would apply if that person had been convicted of the primary offence. 15. Forfeiture in relation to foreign boats. Where a court convicts a person of (a) ari offence against Section 10 in the commission of which a boat that was a foreign boat was used orotherwise involved; or (b) an offence against Section 12, the court shall order the forfeiture to the State of (c) any net, trap or other equipment, being equipment for the taking of fish, that was On the boat concerned at the time of the offence; and (d) any fish that was on the boat concerned at the time of the offence and has not been sold under Section 9. (Amended byNo.6 of 1977, s. 10.) 16. Forfeiture of foreign boats. (1) For the purposes of this section, the equipment of a boat, Other than equipment for the taking of fish, shall be deemed to form part of the boat. (2) A foreign boat used or otherwise involved in the commissionof an offence against this Act is forfeit rorhe State. (3) An officer may seize any boat that is forfeit under this section, or any boat that he has reason to believe is so forfeit. (4) The Minister may authorize a boat seized under this section to be released to its master on the giving of security for payment of the value of the boat if it is condemned. (5) The State may bring an action for the condemnation ofa boat seized under this section. (6) If (a) no person claiming an interest in a boar seized under this section brings an action in the country against the State for the recovery of the boat within 60 days after its seizure; or 14 Prepared for inclusion as at 1/111980. 1212 PNG 61 Fisheries Ch. No. 214 (b) all such anions (if any) brought within that time are dismissed, the boat shall be deemed to be condemned. (7) For the purposes of Subsection (6), an action for the recovery of a boat seized under this section shall be deemed not to have been brought within 60 days after its seizure if the writ in the action has not been served on the State within that time. (8) Where a boat is forfeit under this section by reason of the commission of an offence, the conviction of a person of that offence has effect as a condemnation of the boat. (9) In an action for the condemnation or recovery of a boat seized under this section, a party to the action shall not allege that an offence against this Act has been committed by a person if acourt has acquitted the person of the offence. 17. Forfeited goods. A boat or goods ordered by a court to be forfeit under this Act, or a boat and equipment rhar are forfeir under Section 16 and condemned as forfeit. become the property of rhe State and shall be dealt with or disposed of in accordance with the directions of the Minister. 18. Evidence. (1) Where. in proceedings for an offence against this Act or in proceedings .for the condemnation or recovery of a boat seized under this Act (a) an officer gives evidence that he suspects that any fish to which the charge relates were taken in a particular area of waters or were caken Ioi trading or manufacturing purposes, together with evidence of the grounds on which he so suspects; and (b) the court thinks that. having regard to that evidence, the suspicion is reasonable, C:1C fish shall, in rhe absence of proof to the contrary, be deemed to have been so taken. (2) The Minister or a person authorized in writing by him to give certificates under this section may give a certificate that (a) a specified boat was, or was not, at a specified time, a Papua New Guinea boat; or (b) a specified area of waters is or was, at a specified time, part of the' declared fishing zone or part of the internal waters; or (c) a specified person was, or was not, at a specified time, the holder of a licence under Section 6(1) to engage in fishing in a specified area of waters; or (d) a specified person was or was not. or no person was. at a specified time. the holder of a licence under Section 6 in respect of a specified boat (i) authorizing the use of the boat for a specified purpose' in a specified area of waters; or (ii) endorsed under Section 6(3) or 6(4)(b) so as to authorize the use of the boat in a specified area of waters for a specified purpose relating to fish of a specified kind. (Amended byNo.6 of 1977, s. 11.) (3) A person giving a certificate under Subsection (2)(d) that a person was the holder of a licence may certify in the certificate that conditions specified in the certificate were the conditions specified in the licence. 15 Prepared for inclusion as at 1/1/1980. Ch. No. 214 1213 PNG 62 Fisheries (4) In proceedings for an offence against this Act, a certificate given under this section is prima facie evidence of the matters specified in the certificate. (5) For the purposes of this section, unless the contrary isproved a writing purporting to be a certificate under this section shall be deemed to be such a certificate and to have been duly given. PART IV.-REsEARCH AND DEVELOPMENT. 19. Exploratory operations. The Minister may carry out operations (ar for ascertaining whether fishing in any area of waters can be engaged in on a commercial basis; and (b) for the development of fisheries in any area of waters. (A.mended byNo.6 of1977, s. 6.) 20. Investigations. The Minister shall cause investigations to be made into economic matters relating to fisheries in any area of waters. (AmnukJ byNo.6 0/1977, s. 7.) PART V.-MISCEllANEOUS. 20A. Exercise of Minister's powers. In exercising his powers under and in relation to this Act in respect of any part of the declared fishing zone beyond the internal waters, archipelagic waters and territorial sea, the Minister shall have regard to (a) the principle that fish stocks should be managed so as to ensure production from those stocks of the Optimum sustainable yield; and (b) any relevant international obligations of Papua New Guinea, or applicable rule of international law, relating to the exercise of jurisdiction of Papua New Guinea in that part of the declared fishing zone. (.Added byNo.6 0/1977, s. 8.) 21. Regulations. (1) The Head of State, acting on advice, may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular (a) for prescribing signals and rules of navigation to be observed by fishermen; and (b) for providing for the marking of boats licensed under this Act and of nets, traps and other equipment registered under this Act: and (c) for providing for service in actions for the condemnation of foreign boats seized as forfeit; and (d) for providing for the sale or disposal of unclaimed nets, traps or other fishing equipment found in any waters; and 16 Prepared for inclusion as at 1/1/1980. 1214 PNG 63 Fisheries Ch. No. 214 (e) for regulating the rights of priority as between nshermen, and for prescribing the rules of fishing; and (I) for providing for the furnishing of returns containing information in relation t<r (i) the taking of fish in any area of waters, and the sale or disposal of fish so taken; and (ii) the processing of fish in the country or in any area of waters, and the sale or disposal of fish so processed; and (gJ for prescribing penalties of fines not exceeding K200.00 for offences against the regulations. 16. 1 Prepared for inclusion as at 1/1/1980. 1215 PNG 64 Fisheries Ch. No. 214 (2) The Minister shall (a) cause to be compiled, from the returns furnished under the regulations and from other sources, statistics iri relation to the matters referred co in Subsection (1)(j); and (b) publish or make available, in such manner as he thinks proper, such of those statistics as he thinks proper. . (3) Information derived from returns furnished under the regulations must not be used for purposes other than statistical purposes. (4) A person is not excused from (a) furnishing a return required by the regulations; or (b) including information in such a return, on the ground that the return or information might tend to criminate him, but his return is nor admissible in evidence against him in any proceedings other than proceedings in respect of (c) false information in the return; or (J) a refusal or failure to include information in the return. (5) The regulations may provide for (a) scales of fees for licences, which may be based, amongst other things, on the size or value of the operation in relation to which the licence is granted or its actual or potential contribution to the development of the country; and (b) the levying of provisional fees. 17 1216 PNG 65 THE I~DEP£NDENT STATE OF PAPUA NEW GUINEA. No. 34 of 1978. ARRANGEMENT OF SECTIONS. Using or having charge of foreign boat for fishing in declared fishing zone (Amendment of Section 15). 1217 PNG 66 THE INDEPENDENT STATE Of PAPUA NEW GUINEA. No. 34 of 1978. [Certified on: 8 June 1978] Fisheries" (Amendment) (Use of Foreign Boats) Act 1978, Being an Act to amend the Fisheries Act 1974 to increase the imposition of the minimum penalty of Kl 000 to K2 000 fine for persons using foreign boats for fishing in declared fishing zones and internal waters upon conviction on indictment, MADE by the National Parliament to come into operation in accordance with a notice published in the National Ga.zett.e by t.he Head of St.a. t.e -acting with. and in accordance with, the advice of the Minister. USING OR HAVING CHARGE Of fOREIGN BOAT fOR fISHING IN DECLARED FISHING ZONE (AMENDMENT~f SECTION 15). Section 15(4) of the Principal Act is amended by omitting para-graph (b) and substituting the following : nCb) upon conviction on indictment - by a tine of not less than K2 000 and not exceeding K10 000 or imprisonment for a period Dot exce,ed1ng ODe year, or both ....