Fisheries (Conservation and Management) Regulations 1994

117 roNGA GOVERNMENT GAZETTE SUPPLEMENT EXTRAORDINARY fo. 4 SEPTEMBER 22 FlSHERIES ACT 1989 (Section 59) TI!E HSHERl£S (CONSERVATION AND MANAGEMENT) REGULATIO:-.5 1994 , IN EXERCISE of the powcn; oonlained in section 59 of the Fi<heri<> Ar, '-:· 1989, the Minister of Fisheries makes the following Regulation.s: PART I - PRELIMINARY CltaUon 1. These regulations may be cited : Management) Regulations 1994. as the Fishcrie.,:; (Conscr\'ation ar: • :•: : lnterpretaUon : ~,. -. ,-., :-,,;.:·, ·-' 2. (I) In these regulations ( a) "the Act" means the Fisheries Acl I 989; (b) the terms and phrases defined in the Fisheries Acl 1989 shall be given the same meaning in these n-gulathmi-. unlcs.~ th,· conlcxt requires otherwise. (2) A reference in these Regulations IO (a) a form is a reference lo a form of that number in Schedule I; and (b) a Schedule is a reference lo a Schedule IO these Regualtions. ·ronns and rees .. :.:"<.3. (1) The fonns set out in Schedule J, with such modification.,:; a.,:; the • • 't"iicumstanccs require. are hereby prescribed for the purposes of the Acl and lliesc Regulations. (2) The fees i;ct out in Schedule 2 are !11-r,:b) ].,,c-scribcd for the purposes ·:• of the Act and these Regulation ... 118 PART D - GENERAL CONSERVATION AND MANAGEMENT MEASURES General 4 .. (I) . The Minister may establish mmual production and export quotas by species and area for any comrnen:ial fishery for the purposes of fisheries conservation and management. (2) No person shall exceed the mmual production and export quotas set by the Minista in accordance with 'this regulation. 1&1.po,1: or live f,sb 5. (I) No person shall export any live fish. except with the wriucn authorisation of rhe Secretary md in accordance with such conditions as he may specify. (2) For the purposes of this regulation, "export" means to take or cause to be taken out of the Kingdom of Tonga for commercial or porentially commen:ial purposes. and includes providing commercial Slllllples bot does not include the export of quantities of less than 20 kilograms in weight for the purpose of domestic consumption. (3) There shall be payable in respect of the written authorisation o!, the Se=tary described in su!Hegulalion (I) the fee specified in Schedule 2. Inspectors 6. (I) The Minister may appoint in writing any authorised officer as inspecrors to promote the conservation and management of fisheries and monitor complianoe with the Act or these Regulations on behalf of the Registrar. (2) The inspector may request any information as authorised under these Regulations or by the Registrar, consistent with the AcL (3) Each person shall promptly furnish such information 10 an inspector appointed under this regulation as he is authorised to requesL (4) btformation requested from fishermen, fish merchants, fish liClSJ)Ollea and 6sb exporters may include the following particulars, (a) name of the seller; (b) origin of the fish; (c) name of the village the seller is from; (d) number of fish being sold; (e) destination of the shipmen~ (I) name of the buyer; (g) date of sale; (h) date of shiprn= ... Returns 119 (i) tolal weigh! of species being sold; (j) price; (k) total price of shipment; (I) name of ship/plane; (m) nombcr of flighl/voyage. • 7. (1) For purposes of fishery conservation and managemenl, lhe Rcgislrar ,may require rcrums from lhe sellers or purchasers of such species as he may ·dc.~ignl'l.lc. during !-uch time period a.~ he mny s~dfy. (2) Such re1ums may include infonna1ion relating to lhc following (a) quantiiy sold or purchased; (b) name of lhe buyer or seller; and i . ..,,,.. (c) island of origin of species. ':. •\'(4) Each person shall promptly rnmsih such information as may be ~•!'<d 1D1der this regulalion. ·:ott~ntes ,< ff ~y person who contravenes any prov1s1on in this Part commits an : olT.ince ·and shall be liable on conviction to a fine nol CllCeeding SI0.000 1mcl-.forfeiture in-accordance wilh section 42( l) of lhc Act. .. ' ~· .. PART ID - PROHIBITED FISHING Marine mammals 9; "·-'(I)° Jn this regulations "marine mammals" means any member, al any ·stag<! bf ilS life cycle, of any species of the class Mammalia including whales • arid '.dolphins. ', .i:)(2)'--Subjecl to sub-regulation (4), no person shall fish for marine 'majjun!'h in tlte fisheries waters. :· · (3) Any marine mammal caughl shall be released immcdia1cly and returned IO lhe waters from which ii was lakcn with lhe least possible injury. ,<,. ''""(4)-- The Secretary may give wrillcn aulhorisation to fish for marine m~Bls. in a limited manner and only in exceptional circumstances involving int~-~nal scientific research which is intended to resull in significant bmefi1 ,-for;mliri!te mammals, and will not cause hann or injury lo lhc species. • t•;(S). Any person who contravenes the provisions of this regulation .'.~~ts .m:,. .offence and shall be liable on conviction to a fine not exceeding • $10,000 and forfcilUre in accordance wilh section 42(1) of lhe AcL · Dlvl~g equipment .,- ,,·\·',,\·' : 10, · qt No person shall use self--conlained underwaler breathing apparatus. ·:or miy ~Ving equipment that utilities compressed gas or surface supplied air. f0[.-!h~ .-~~-iposc of fishing except with the wriucn aulhorisation of the Rcgistrv • C 120 and in accordance with such conditions as he may specify. (2) Any pc,son who contravenes the provisions of sub-regulations (I) commits an offence and shall be liable on conviction to a fine not exceeding S!0,000 and forfeiture in accordance with section 42(1) of the Act. Nets 11. (li 0 lhe rri"esh when fully stretched of any dragnet or beach seine net used for fishing shall not be less than 38 millimetres. (2) The mesh when fully stretched of 2 ("a,;;t n~t mr.d for nsr.ing ~hall not be less than 12 millimetres and the radius of such a net shall not exceed 2 metres. 12. (I) No person shall use any drag net or beach seine net for fishing within 200 metres of a fish fence except with the permission of the Registrar and in accordance with such conditions as he may specify. (; 1 Any pctSOn who contravenes the provisions of sub-regualtion (I) commits an offence and shall be liable on conviction lo a fine not csceeding $10,000 and forfeiture in accordan<:e with section 42(1) of the Act. PART IV - SPECIES CONSERVATION AND MANAGEMENT Lobster ('uo) 13. (I) In this regulation "lobster" or "'uo" means a crusatacean of the genus Panulirus. (2) No perron shall hann, talce. have in his possession. sell or purcha.re (a) any lobster carrying eggs; (b) any lobster the carapace of which is less than 7 .5 cen1imetres when measured along the mid line from immediately behind the rostral horns lo the rear edge as illustrated in Schedule 3 lo these Regulations; (c) any lobster the tail of which is less than 4.5 centimetres in width when measured between the lateral notches of the first tail segment with vernier calipezs from the ventral side of the tail, as ill~trated in Schedule 3 lo these Regulations. (3) No person shall use destructive teclmiques lo dig lobsters from their bum>ws. (4) No person shall remove the eggs from a lobster or take, have in his possession. sell or purchase a lobster from which the eggs have been removed. SUpp,r lohster (tapatapa) 14. (I) In this regulation "slipper lobster" or "tapatapa" means a crustacean of the genus Parribacus. (2) No pe,son shall hmm. tllk,., have in his possession, sell or purchase (a) any slipper lobster carrying eggs; or 121 (b) any slipper lobster which is less than 15 centimell'Cs in l<fl8th when laid flat and measured from the front edge of the car•P"C• to the rear edge of the tclson as illustrated In Schedule 4 t&.l these regulations. (3) No person shall use de,strucrivc lcchr-iqurs tc dig~'?;:-~)::::- !~.!~·.:r; ifvL":I ;j·,i·.:l LJ:J:'tO',U . . . · (4) No person shall remove the eggs from a slipper lobster or have in ·itis possession, sell or purchase a slipper lobster from which the egi:s hJ<·e ·wn rcmn\•c.! . . Winged pearl o yster (tofe) '(·15; '(I) In this regulations "winged pearls oyster" or "tofe" mean, any hi~~usc of the species Ptcria pcnquin. ·i.:. ., •.. (2) No person shall harm, take, have in his possession, sell or purcha.sc ·' any ·winged pearl oyster which is less than 20 centimetres in arnbo-ventral ·.Clcngth as illustrated in Schedule 5. ·;:·T~ltlon shell (kele'a) ·'16(,:(1) In this regulations "triton shell" or "kele'a" means a mollusc of the : spe,;ies Charonia tritonis . • •·.·.(2) No person shall harm, take, have in his possession, sell or purchase jany triton shell which is less than 20 centimetres in length when measured '.'along the outside of the shell from one end to the other. :Corai (feo) 17. (I) No person shall remove or take any coral from within the fisheries wille(s excq,t with the written pe,mission of the Sccretmy. i; •: . .:(2) The Secretary may impose conditions. including, but not limited to, C~ditions relating to: ( a) the quantities that may be removed or taken: (b) the location or locations from which it may be removed or taken: (c) the duration of any pemtission granted; (d) the method- of removal or taking; (e) measures necessmy or desirable to conserve and protect the marine cnviromnent; (f) the fees, royalties or compensation to be paid in respect of the pe,mitted operations . . 4quartum fish '1iL.'(1·) No person shall engage in fishing ·f~r MY marine aquariwn fish . cxe;ept, with the written permission of lhe Secretary and in accoflWlce with ~~~> ?'llditions as he may specify. , : i,, ;'C"(2) No person shall use destructive techniques to fish for aquarium fish. Turlles (t . . .. , .. onu) ,·19:: N~ person shall ,. •:~ • (a) disturb. take. have in his JX)sscssion. selJ or r,uT'ChR(r- R~;, 'l:r!k ·.!h&.:.: 122 (b) int<rle,e with or dislllrb in any way any turtle nes~ (c) use a spear or spear gun for lhe purpose or capturing, destroying or taking any species or turtle; (d) at any time harm, capture, destroy, or take any tunle the shell length of which is less lhan 15 centimetres. (e) ~ caplUre, destroy or take any turtle specified in Schedule 6 during the closed season specified in Schedule 6, or (f) at any time harm. capture, desnoy, or take any Lcalhcrback turtle or lhe species Dennochelys coriacea. Mellet (lmnabo or fu•) 20. (I) In this reg\llation "mullet" or "kanahe" or "fua" means any species of fish of lhe family Mugilidac. (2) No person shall engage in fishing for mullet during lhe closed season specifed in Schedule 6. Giant. clams (,asuva) 21, (I) Jn this regulation "giant clam" or "vasuva" means any mollusc of the family Triclaenidae. (2) No person shall harm, take, hsve in his possession, sell or purchase any giant clam lhe ahell lenglh of which is less than the length specified for the particular species indicated in Schedule 7. (3) No person shall remove the mantle or' adduclOr muscle from any giant clam the shell length of which is less than the length specified for the particular species indicated in Schedule 7. Beebe de mer (mokobonu) 22. (I) Jn this R:gulalion "bec:he de mer" or "mokolumu" means any animals of lhe clsss Holotlmmidea. (2) No person shall harm, take, have in his possession, sell or purchase any beche de mer, the length of which is less than the length specified for the particular speci!'5 indica!ed in Schedule 8. orr • ...,.,. 23. Any person who contravenes any provision of this Part commits an offences and shall be liable on conviction ro a fine not exceeding $10,000 and forfeiture in ea:onlance with section 42(1) of lhe Act. • PART V - FISH FENCES Fish fences 24. (I) No pen;on shell eR:Ct or use a fish fences without a licence issued by the Registrar under this Part. (2) In these regulations, a "fish fence" means any fence, stake or other fixed construction used for entrapping fish. 123 Licence application 25. An application for a licence to erect or use a fish fence shall be in Fonn J shall be accompanied by the fee specified in Schedule 2. 'Form . 26. A licence to erect or use a fL~h fen.cc shall be in Form 2 ,md. tmbs . soon.c.-r canccUOO or suspcm.icci. shall be valid for a penod ot i1 months from '. the dare of issue. • Fees tT. The fee payable for the issuance or renewal of a licence to encl or use . i, fish fence is specified in Schedule 2. c- ·-Grouods for licence refusal ':28. The Registrar shall not issue a licence to erect a -fish fence (a) within 200 metres of anothrz fish fence; (b) within one kilometrc of any Government wharf; (c) in any place where it may be a hazard or obstruction to navigation; or (d) where to do so would be inconsistent wilh the objectives SCI out in any fisheries plan prq,ared under section 3( I) of !he Acc. '. • ?· · • Provided furthei !hat lhe Registrar may refuse to issue a licence to any person who has been convicted of any offence again.11;t the Act or my . Regulations made thereunder . • ·• cOft eru:es and prohibitions •29 •. No person shall erect or use- a fish fence (a) lhe mesh of which when fully stretched is less lhan 38 millimetres; (b) lhe widlh of which at its widest point exceeds 140 metres; (c) lhe Iola! installed perimeter of which exceeds 140 metres; or et an distance seawards from the beach exceeding tha1 /t°' ., specified in the annex to the licence. f ~- " Any penon who fails to comply wilh regulation 29 or !he conditions ·of lllly licence issued under this Part commits an offence and shall t,e liahlr ;~/•fme not exceeding $10.000. PART VI - FISH AGGREGATING DEVICES (FAD) Placl1:1g or devicd (private) ~->tM;(,~•,'°f ·,-.31~ ··Any person who places a fish aggregating device shall; (a) ensure that the device docs not constitute a hazard lo navigation; (b) inform !he Registrar of lhe location and nature of the FAD. 124 Desfgnakd rish "lllll"ll3tlng device (publlc) 32.. (1) The Regislmr may, by OOlice published in the Gazette, declare any fish • aggregating device p-1 by the Mrustty of Fisheries ID be a designaled fish agpegatit,g device for lhe purpo,;e of lhis regulation. (2) Subject ID sub-regulation (3). ro pmon shall fish within a radius of one nsulical mile li:um a designalld fish aggregating device exc:ept with the permission of the Registtar a!kl in IIXOJdance willl such conditiom as he may specify, (3) The Regisln,r may, by OOlice published in the Gazeue, declare Iha! any ""'80ll may fish within a radi11S of one nautical mile from a designatoo fish aggregating device. Marklnp and equipment ) ,, • 33. Any fish aggregating device which utilises a surface float shall; (a) be cleaJly marked with I.he name of the owner .and of the vessci from which the device was placed; (b) be equipped with a radar reflector; and 1 ;~1fr: (c) ~i:~~ .::~:~c: ~~~ to be visible al night from a Zl~-::5:~~~= · ·, <'(;".: "35. Permission to use a fish aggregating device does not affect any obligation r ;' : ·. ID ·observe applicable conservation -Or management measures for fisheries • :\'.;,ft except where the Registrar specifies in writing that a particular measure does ·:: .-,, ¥;.y,:~"- • not app1y to fish caught within one nautical mile of that device. • ; J;Jf .Disposal of unauthorised devkes . '· \? 36. Any fish aggregating device placed in fhc fisheries waters othcru,:isc than .iii accordance with regulation 31 or found in Tonga waters wilhoul marking ,equipment n,quired by regulation 33 may be used. or disposed of in such . . as the Registrar may decide. 'rrences -'."·Any person who contavenes, any provision in this Part comrnilS an offence • shall be liable on conviction to a fine not exceeding $10,000. ';', ~-, , PART VD - MISCELLANEOUS PROVISIONS ; ,: '."\f{~;~R~·nftVat or lk:enc~ • ,.:;• .\;;-·-'. '', · : '. ,~;~ .. ;;tit~•·. \Vhere any licence issued under these regulations is renewed within · :,;::;,;'.f,~fdays of i~ expiry it shall not be necess"'! t~ make a fresh application • '::ftm,.·the·prescnbed form or pay another apphcallon fee, .: ... ~; .,f\,;*~t!~formatlon to he true, complete and correct • . ';f,'t;~ >(1) Any inlromation n,quired ID be temrded, notified, communica!cd or ;,::;::;,-t~ puswm1 ID any tequinmtmt of these regulations shall be ture, complete • :f, -~tL'i~:Jild .amect. ,,' '· '-•-"'>\~.:- (2) Any change in circumstances which has the effect of rendering any ••• '~ • such information false, incomplete or misleading sh•/1 be notified immediately :the appropriate person. authority or body. • • /(3) · Any person who contravenes sub-regulations (I) or (2) commilS an : " . . ence and shall be liable ID a time not exceeding $5,000. 'cs'i,,;,.:~ thi$ day of 1994 . :,#[liv(ii;'· ter f F" h • .. ::,.~,.,\·::--·•· : . ~ o is enes 125 SCHEDULE 1 FORM 1 KINGDOM OF TONGA Fisheries Act l 9SO Al'PLICATION TO ERECT OR USE A FISH FENCE • .·~\The Fisheries (Conscrva1icm and Managcmen1) RcJ:Ulation~ 199d - R:~uhti\...,, ~<i) .. :,lty,/c, (insert full name of applicanl(s)): • -Or apply for a licence to erect a fo•h fcnc<' .. II\• full paniculars of which arc described below: 'Address of Applicant(s): ~ ;: . ·, '·'.~ .• DESCRIPTION OF FISH FENCE : ,}fiu:h a separate nwnbere,J shetl of paper if necessary • .1. Design of the proposed fish fence: (attach diagram on a scpanle ~<'<."I of paper) 2 ... ,,:. Size : (Specify overall capture area) ., ,. '; ' , j;'f,: M.alcrials to be used: Specify mesh size: 5. ; ., Specify if there will be any lead or guide fcncc(s). if so, how manv. ~-" .F,-'· • < PROPOSED SITE OF THE FISH FENCE 6.' ' • Specify: ,-+-- .. .-:.., , l\l~TE : No fish fence may be erecied wilhin two hundred (200) mt!tr,s .c,f : • another [uh fence or within one ( J) kilometre of any GovemmLnl whorf 126 INTENDED ust OF CATCH 7. Specify J/We cleclan: Iha! ·!he foregoing particulars are lrue, complete and com,ct ·········-·· ···-····-··········· DATE: ................................... . • ··• Signatun, of Applicanls(s) ' j(~\.: 127 FORM 2 KINGDOM OF TONGA Fisheries Act 1939 LICENCE TO ERECT AND USE A FISH FENCE ;".(The Fisheries (Conmvation and Manage) Regulations 1994 - Regulation 25) UCENCE TO ERECT OR USE A FISH FENCE LiCENCE NO. . fi. ?i'.lnis licence is issued pursuant lo regulation 26 of the Fishesics • · .. (Consesvation and Management) Regulations 1994 of the Fish<reis Act ·Ws9. ' 2. •• 'The holder of this licence is permitted lo erect or use a fish fence in ."'. ·•il)ie area specified in paragraph 4 of this licence, for the period sp<cificd .. ·.in paragraph 5 of this licence. and in accordance with the particular • tConditioni; scl out in the Annex 10 thi.,; licence and subject ro Lie general ~·-~ • ~itions set out in the Fisheries (Conservation and Management) Regulations 1994 and such general conditions as may be prescribed ':Jl/ldcr the Fisheries Act 1989. 3, .,is'iued lo: 'A~ss: ·"'~··; ;;~ • ~/fish fence may be creeled in the following an:a(s): S. , ;i,~bjcct lo the Fisheries Act 1989 and Regulations made thereunder. this . ",licence is valid from lhe ... ~-... -·: ·:. .....;.....; day of 19 to the day of 19 (inclusive) 6, . ~:.licence is not transferable DATE.~· F , ' • , .•. o!~:-~(f{:c;>MPLY wrrn TJIESE AND ALL OTHER TERMS AND CONDIT10~'S . E .t~~~~c;E. THE FISIIERIES ACT 19119 AND REGULATIONS MADE :IERt~f;R.•~~AY, IN ADDn'JON TO ANY JUDICIAL PENALITIES TIIAT MAY illi TECURR£1), l~~.ULT IN TIIE SUSPENSION OR LOSS OF mrs LICENCE. EfTPf£Q , .ltfPORARTLV'~R !"r-'r:'.',~:','=E:-,."rLY. 128 SCHEDULE 2 FEES I. Writt~n aulhorisation to expon lisit or fish produclS 0.5% of the local value of the product being exponed where applicable an inspection fee of $8 per hour per inspector or authorised officer shall be paid bv every commercial exponer. (the fees charged under this part are in addition to any licence fee charged by any other authority) 2. Application for a licence { • to aect or use a fish fence · ./ ;·-. $20.00 3. Issuance or renewal of a licence to eteet or use a fish fence >'-; .... / ·~::,-: .. h ~- :'·">- ·r: $30.00 129 SCHEDULE 3 (Regulation 13) ;. :lllustraiion of a tobst.cr (Panulirus) for the purpo~ of detcnni"ir,g v-·1-v•]:t~ , ·: ic •J!1:!crsi,~. . 11 , f Carapace Length 7.5cm 130 SCHEDULE 4 (Regulatlon 14) Dlnstnttion of a slippeT lobsu:r (Panibacus) for the purJK>SC of determining whelhes it is undersize . .• Lengu, l~cm 131 SCHEDULES (Regulation IS) ;.\)}1U~ttalion of a winged pearl oyster (Ptcria pcnquin) for lhc f'Uf'JlllSC or , ; d~l~ining whether it is· undcrsize. ·,.>:,,. ;,':;;iot'; • Ventral , . ,','., Ambo-Ventral Lenoth ,.. 20cm 132 SCHEDULE 6 (Regulation 19 & 20) Illustration of a turtle for lhe purpose of determining whelher ii is undersize . .. I\ . ' Closed Seasons Local Name English Name Scientific Name Closed Season Fonu (all species Tunic - Aug"'~ ScP"'lllbcr, CJlcepl Lealher- Oacbcr,Novcmbcr, back turtle) December, January, February Fonu-leta Leatherback All year Dcrmoche]ys .. coriacea Kanahe or Fua Mullet Mugilidae I June 1031 July (in Fanga'uta Lagoon only) 133 SCHEDULE 7 (Regulation 21) 11lustralion of a giant clam Shell length Minimum Shell lengths For Giant Clams Local Name 'i-?kanoa molcmolc t.1a1ahclc Kttkukuku Scientific Name Tidacna dcrasa Tridacna squamosa ...,.J.Tridficna maxima Mimmum Si1.c 260 mm 180 mm 155 mm 134 SCHEDULE 8 (Regulation 22) ~· Minimum Lengths for Beche-De-Mer LOCAL SCIENTIF1C COMMON MINIMUM MINIMUM NAME NAME NAME LENGTH LENGTH (WET) (DRY) Mokolnmu Holothuria. Rladr 260 T.~ !~!) ~:~; nobilis teatfish Huhuvalu HolOlhuria White 320 mm l(i() mm fusoogilva teatfish Mula Ho!othuria -Elephant's 350mm 150 mm fuscq,,maata trunk fish Nga'ito Holo<huria S...d fish 160 mm 70 mm scabn. Holomumu Thcl<noca Priddy 300 nun 120 mm ...... ,odfi,h Loli ""1odcima Lolly fash 165 mm 80 mm .... Tcl<bea Actinopyga Redfiah 120 mm 60mm cc:hinitel