Fisheries (PNA Third Implementing Arrangement) Regulations 2012 (L.N. 62 of 2012)

Citation and commencement Interpretation 167 SUPPLEMENT to the Solomon Islands Gazette Thursday 2"' August, 2012 S.I.No.29 [Legal Notice No.62] FISHERIES ACT 1998 (Act No.6 of 1998) FISHERIES (PNA THIRD IMPLEMENTING ARRANGEMENT) REGULATIONS 2012 IN exercise of the powers conferred upon me by section 59 of the Fisheries Act 1998 ("Act"), I make these Regulations I. These Regulations may be cited as the Fisheries (PNA Third Implementation Arrangement) Regulations 2012, and is deemed to have commenced on I January 2012. 2. In these Regulations, unless the contrary intention requires "arrangement area" means the fisheries zones of the PNA and adjacent area of high seas bounded by the national waters of (a) the Federated States of Micronesia, Indonesia, Palau and Papua New Guinea; and (b) the The Federated States of Micronesia, Fiji, Kiribati, Marshall Islands, Palau and Papua New Guinea, Nauru, Solomon Islands and Tuvalu; (c) Other arrangement areas will be those high seas pockets between 10 deg<ee Celeius North and 20 degree Celcius South and 170 degree Celcius East and ISO degree Celeius West. 168 "associated electronic equipment" means any device or system that can be used by any vessel to locate, track or otherwise monitor a fish aggregating device; "exclusive economic zone" means the zone defined in the Delimitation of Marine Waters Act (Cap. 95); "Fish Aggregating Device" or "FAD" means an object or group of objects, of any size, that has or has not been deployed, that is living or non-living, including but not limited to buoys, floats, netting, webbing, plastics, bamboo, logs and whale sharks floating on or near the surface of the water that fish may associate with or aggregate; "fisheries zone" means the exclusive economic zone; "licence" means a licence to fish issued under section 14 or 16 of the Act; "mobile transdeiver unitll has the same meaning as 'automatic location communicator"; "Nauru Agreement" means the Nauru Agreement Concerning Cooperation in the Management of Fisheries of Common Interest; "operator" means the owner, master or charterer of a fishing vessel; and includes any person who is in-charge of, directs or controls a fishing vessel; "Party" means a Party to the Nauru Agreement; "PNA" means the Parties to the Nauru Agreement; "prohibition period" means a period declared under regulation 6(1); "regional authority" means the Administrator under the Treaty on Fisheries between the Governments of Certain Pacific Islands States and the Government ofthe United States of America and the Administrator of the Federated States of Micronesia Arrangement for Regional Fisheries Access; 169 "regional observer programme" means an observer programme established pursuant to a regional access agreement; "related activity" in relation to fishing means (a) refueling or supplying fishing vessels, selling or supplying fishing equipment or performing other activities in support of fishing including the deployment and servicing ofF ADs; (b) on-shore storing, buying or processing of fish or fish products from the time they are first landed; ( c) storing, buying, transshipping, processing or transporting fish or fish products taken from the Arrangement Area up to the time such fish or fish products are first landed; or (d) any activities undertaken by a vessel as a result of a force majeure, or storm tempest earthquake flood or other acts of God, or other circumstances beyond the reasonable control of the operator, provided the operator notifies the Director in writing of the event within 7 days of occurrence of such event. "retrieval" , in relation to fish aggregating devices or associated electronic equipment, means the collection or removal from the water of any fish aggregating device or associated electronic equipment by a vessel; IIservicing" means the cleaning, maintenance, repair, enhancement, movement and any other related activity, of fish aggregating devices or associated electronic equipment; "set sharing" means the transfer of excess fish taken in the last set to and retention on another purse seine vessel of the same fishing company when there is insufficient well space to accommodate all fish caught in the final set of a trip; Object of Regulation Fishing licenses not valid unless specific terms complied with Access 170 "Sub-regional observer programme" means an observer programme established pursuant to the Treaty on Fisheries between the Governments of Certain Pacific Islands States and the Government of the United States of America, the Federated States of Micronesia Arrangement for Regional Fisheries Access and other observer programmes agreed to by the PNA from time to time; "taken", in relation to catch retention, means the capture offish, but does not include the release or discard of fish; "Third Implementing Arrangement" means the Third Arrangement Implementing the Nauru Agreement Setting Forth Additional Terms and Conditions of to the Fisheries Zones of the Parties, done at Koror, Republic of Palau on 16 May 2008; "transshipment" means the transfer of any or all of the fish on board a vessel onto another vessel, either directly or by off-loading the fish from the vessel onto the shore and thence immediately onto another vessel, for the purposes oftransporting that fish elsewhere but does not include set sharing. (2) These Regulations shall be interpreted and applied in the context of and in a manner consistent with the Nauru Agreement. 3. The object ofthese Regulations is to give effect to the Third Implementing Arrangement ofthe NaurU/Agreement. 4. (I) In addition to any other conditions that the Director may impose on any fishing licence of any fishing vessel licensed to fish in the exclusive economic zone nnder sections 14, 15 and 16 of the Act, any condition or prohibition prescribed in these Regulations shall form part of and is in addition to any other condition of the fishing licence of any fishing vessel licensed under sections 14, 15, and 16 of the Act. (2) The operator of a fishing vessel licensed to fish in the exclusive economic zone pursuant to sections 14, 15 and 16 of the Act shall comply with any condition or prohibition prescribed in these Regulations. 171 5. (1) All bigeye, skipjack and yellowfin tuna taken by any Conditions for purse seine vessel license to !ish In the excluSive economic zone pursuant to the Catch retention Act, shall be retained on board and then landed or transshipped at a designated transshipment port. (2) Where the operator of a purse seine vessel licensed to fish pursuant to the Act determines that fish should not be retained on board for reasons related to the size, marketability, or species composition, the said fish shall only be released before the net is fully pursed and one half ofthe net has been retrieved. (3) Subject to subregulations (4), (5) and (6), the requirement specified in subregulation (1) does not apply to (a) fish clearly and demonstrably unfit for human consumption; and (b) fish caught during the final set of a trip when there may be insufficient well space to accommodate all fish caught in that set. (4) For the purpose of subregulation 3(a), fish clearly and demonstrably unfit for human consumption (a) includes, but is not limited to fish that (i) is meshed or crushed in the purse seine net; or (ii) is daroaged due to shark or whale depredation; or (iii) has died and spoiled in the net where an equipment failure has prevented both the normal retrieval of the net and catch and efforts to release the fish alive; and (b) does not include fish that (i) is considered undesirable in terms of size, marketability, or species composition; or (ii) is spoiled or contaminated as the result of an act or omission of the crew of the fishing vessel. 172 (5) Where operator ofa vessel licensed to fish pursuant to the Act detennines that fish is clearly and demonstrably unfit for human consumption in accordance with subregulation (3), the fish shall not be discarded from the vessel until after an observer has estimated the species composition of the fish to be discarded. (6) For the purposes of subregulation (3)(b), any excess fish that cannot be accommodated in the fishing vessel may only be discarded if (a) the vessel master and crew attempt to release the fish alive as soon as possible; (b) an observer has estimated the species composition of the fish to be discarded; and (c) no further fishing is undertaken after the discard until the fish on board the vessel has been landed or transshipped. (7) The operator ofthe vessel shall, within forty-eight hours after any discard, submit a report, in a form approved by the Minister, to the Director containing the following information (a) name, flag and WCPFC Identification Number of the vessel; (b) name and nationality of master; (e) licence number; (d) date, time and location (latitude/longitude) I hat discarding occurred; (e) date, time, location (latitude or longitude) and type, such as drifting FAD, anchored FAD, free school or similar thing; (f) reason that fish were discarded (including statement of retrieval status if fish were discarded according to subregulation (2); (g) estimated tonnage and species composition of discarded fish; I, ! 'I (h) (i) Gl (k) 173 estimated tonnage and species composition of retained fish from that set; if fish were discarded according to subregulation (2), a statement that no further fishing will be undertaken until the catch on board has been unloaded; name of observer on board; any other information deemed relevant by the vessel master. 6. (I) The deployment into the sea or servicing of a Fish Aggregating Device or any associated electronic equipment within the arrange ment areas under this regulation are prohibited between 000 I hours GMT on I July and 2359 hours GMT on 31 st October each year. (2) A FAD or associated electronic equipment shall not be retrieved by a vessel licensed to fish pursuant to the Act during the probibition period specified in subregulation (J) unless (a) the FAD or associated electronic equipment is retrieved and kept on board the vessel until landed or until the end of the prohibition; and (b) the vessel does not conduct any set either for a period of seven days after retrieval or within a fifty mile radius of the point of retrieval. (3) The Minister may, order in the Gazette, exempt all or part of the exclusive economic zone or any vessel from the conditions set out in subregulations (1) and (2) if (a) The Minister determines that a disproportionate burden will be suffered from the application of the condition; and (b) a management plan prepared pursuant to section 7 ofthe Act provides alternative mechanisms for the reduction of fishing on FADs by domestic vessels highly dependent on fishing on FADs. Use offish aggregating devise prohibited Sets Associated with Whale Sharks prohibited Fishing in certain areas of the high seas prohibited 174 (4) Subject to subregulation (3), no purse seine fishing vessel shall conduct any set during the prohibition period within one nautical mile of a FAD or of a point where a FAD has been retrieved by another vessel in the preceding twenty four hours. (5) The operator of a vessel shall not allow the vessel licensed to fish pursuant to the Act to be used to aggregate fish. 7. (I) No purse seine fishing vessel fishing within the arrange ment area shall conduct any set at any time of the year within one (1) nautical mile of a whale shark (Rhincodon typus), regardless of whether such whale shark is alive or dead. (2) If a whale shark is inadvertently encircled in the purse seine net, the master must ensure that all reasonable steps are taken to ensure its safe release, including by stopping the net roll and not recommencing fishsing operation until the shark has been released. (3) A master, owner, operator, or charterer that constravenes subregulation (I) or (2) commits an offence and is liable to penalty set out in regulation II (I). 8. (I) Subject to subregulation (3), no fishing vessel licensed pursuant to the Act to fish in the exclusive economic zone shall, whilst the licence is in force, undertaken any fishing or related activities in the high seas areas within the arrangement area. (2) The operator of a fishing vessel licensed pursuant to the Act on high seas shall ensure at all times that all gear on board is stowed or secured in such a manner that it is not readily available for fishing. (3) A fish aggregating device or associated electronic equipment shall not be retrieved or removed from the water as specified by Sub-regulation (I) by a vessel licensed to fish pursuant to the Act from the high seas areas unless 9. (1) 175 ( a) the fish aggregating device or associated electronic equipment are deployed into the sea or serviced in accordance with these Regulations; and (b) the vessel does not conduct any set either for a period of seven days after retrieval or within a fifty mile radious of the point of retrieval or removal from the water. A purse seine fishing vessel licensed pursuant to the Act Requirement for use of shall carry an observer from the Solomon Islands observer programme or a observers regional Observer programme or a regional observer programme established under a regional access agreement whilst fishing within the exclusive economic zone or the high seas in accordance with all requirements of such observer programmes. (2) Subject to subregulation (3), a purse seine fishing vessel licensed pursuant to the Act without an observer from the Solomon Islands observer programme, a regional observer programme or a regional observer programme established under a regional access agreement on board, shall cease fishing and return directly to a prescribed port in Solomon Islands. (3) The Minister may, by order in the Gazette, vary or exempt any vessel from the conditions prescribed in subregulation (1). 10. (\) The operator ofa licensed fishing vessel which is Use of auto installed with a vessel monitoring system under section 57 shall, when in the high seas, comply with the provisions that of section 57 of the Act. (2) If the licensed fishing vessel has not complied with section 57, it is condition of the fishing licence that the operator of a licensed fishing vessel complies with section 57 ofthe Act before fishing in the high seas. Use of automatic location communicators required Offence 176 11. (1) The operator of a licensed vessel that is used in contravention of a condition or a prohibition under these Regulations commits an offence and is liable a fine not exceeding 200,000 penalty units; and (2) in addition to such fine the licence of such vessel shall be revoked pursuant to the Act. LN 22 0[2010 12. The Fisheries (PNA Third Implementing Arrangement) Regulations 2010 (LN 22 of201O) are revoked. MADE AT HONIARA this day of July, 2012. HON. ALFRED GHIRO Minister for Fisheries and Marine Resources