Fisheries (Local Fishing) Regulations 1995 (No. 5 of 1995)

13 TONGA GOVERNMENT·.:.GAZETTtf•SUPPLEMENT EXTRAORDINARY No. 5 JUNE 13, KINGDOM OF TONGA F1SHERIES ACT 1989 (Section 59) 1llE FISHERll?S (LOCAL FlSHlNG) REGULATIONS 19'JS 1995. IN EXERCISE of the powers contained in section 59 of the Fisheries • Act 1989, the Minister of Fisheries makes the following Regulati~: Citation 1. These Regulations may be cited as the Fisheries (Local Fishin.;) Regulations, 1995. Interpretation .2. (I) In these regulations (a) "the· Act" means the Fisheries Act 1989; . (b) the terms and phrases defined in the Fisheries Act 1989 shdl be given the same meaning in these Regulations, unless 11,e. context requires <:>therwise; (c) "operator" means any person who is in charge of, directs or conbOls any vessel, including the owner, charterer and master. (2) A reference in these Regulations to (a) a form is a reference to a form of that nutnber in Schedule I; and (b) a Schedule is a reference to a Schedule to these Regulations. Forms and fees 3, (!) The forms set out in Schedule 1, with such modifications ·as 1l1e cimunstances require, are hereby prescribed for the purposes of the Act Md these Regulations. (2) The fees set out in Schedule 2 are hereby prescribed for the purpo,,es of the Act and these Regulations. Part I - Local Fishing Ves','."ls Registration of Local Fishing Vessels 4, (I) An application lo register a local fishing ,essel under section 4 of ti.,. 4,.., d,"'n hP 1n Pnrm 1 :mrl ~hall he accomnanied bv the fee soecifi.ed 14 (2) Where ·the Registrar is satisfied tl1~t the ver,.-cl in respect of which the application is made is fit for fishing : td satisfi.-s such requirements " may be laid down from time to time under Tongan L•w regarding safety and hygiene, he shall on the payment of the k, specifie,l in Part I of Schedule 2 cause the vessel to be registered and sha , issue a tertificate of registration in respect of that vessel. (3) A certificate of registration for a Joe ti fishing v,.s.sel shall be in Fonn 2. (4) A notification of any change in ownership of a registered local fishing vessel shall oo in Form 3 and shall i,e accompanied by the certificate of registration and the fee specified in P, rt I of Schedule 2. (5) The Registrar may at any time require a vessel registered under this regulation to be inspected, and if he oons1:lers that dte vessel is not fit for fishing or does not satisfy the laws cone,, ning safety and hygiene he shall cancel the certificate of regislration. (6) A notification of any addition or modification to a registered local fishing vessel shall be in Form 4 and shall he accompanied by the certificate of registration and the fee specified in P,i,t I of Schedule 2. (7) Upon any notification Wider reg,<lation 4(0) the Registrar shall (a) cause the vessel to be insp. ded; and (b) if satisfied that the vessel "' modifi<,,1 is fit for fishing and satisfies such requirements 2 • may be iaid down from time to time under Tongan law regarding safety and hygiene, endorse and return the certificate of registration; or ( c) if not so satisfied. withdraw the regis1ration of lhe vessel and cancel the certificate of reg:stration. Application for local fishing vessel llce,,ce 5. An application for a local fishing ve•:sel licenc:r. made under section 5 of the Act shall be in Form 5, addressed to the Regisu·ar and oo accompartied by the certificate of registration of the vr,:sel and the fee specified in Part I of Schedule 2. Form 6. A local fishing vessel licence shall '·-e in Forni 6 and unless sooner cancelled or suspended shall be valid for a period of 12 months from the date of issue. Fees 7. (!) Subject to sub-regulation (2), th,: fee payable for the issuance or renewal of a local fishing vessel licence , .> such amount as is specified in Part 2 of Schedule 2. (2) Notwithstanding any provision oi the Act, <10 fees shall oo payable in respect of any licence issued to a fishi: rg vessel owned and operated by the Government of Tonga. 15 Grounds for licence refusal 8, In addition to the grounds for licence refusal set out in section 5(4) ,·[ the Ac~ no licence in respect of a local fishing vessel shall be issued or ienew, d unless: (a) all infonnation requested by the Registrar in respect of tl o proposed fishing operation or related activities has been provid, d in the manner required or requested; :and (b) the vessel is seaworthy. General conditions 9. Every local fishing licence shall be subject to the following gene, ,l conditions: (a) any change in the infonnation set. out in the application fo, n shall be notified to the Registrar as soon as practicable and • n any case no later than seven days from the date of the change; (b) the vessel shall be seaworthy and shall comply with safe' y standards applicable from time to time under the laws of Ton,;a concerning shipping; (c) the vessel shall display identification markings in accordan,·e. with S.chedule 3 to these Regulations; (d) no fishing shall be undertaken except as authorised by ti,e licence; (e) no fish may be transhipped from or onto the vessel except with the pennission of the Registrar in writing and in accordan·~e with such conditions· as the Registrar' may specify; (f) the master of the vessel- shall cause records to be maintain .,j on a daily basis in such fonn as the Registrar may from tiJ.,e to time require for the purpose of recording the fishing ope.rations or related activities of the· vessel; (g) any reconl maintained under the preceding paragraph shall :e transmitted in its original and \Dlaltered form to the Regiso ;ir at such time or times as he may require; (h) whenever required to do so by the Registrar, a vessel shall cauy an observer designated by the Registrar, and the master and en w of such vessel shall provide the observer with such facilities and cooperation as may be required to allow him to carry ent his duties: (i) the ooerator shall ommntlv nrovide the RePi~trar with Sl ::h 16 Applkatlon. to vary licence .10. An application to vary a local fishiP/l vessel licence as to the authorised areas or species shall be in Form 7 and ,hall be accompanied by the licence and the fee specified in Part 1 of Sch :dule 2. PART II· COMMERCIAL SI-ORT FI!:HilNG VESSELS Commerdal sport fishing vessel 11. No vessel may be used for comrr,,,rcial SJ>.lfl fishing unless (a) the vessel is a registered h:al fishing vessel or a locally based foreign fishing vessel repstered under regulation 12(1); and (b) ~ valid commercial sport lishing ve::;el licence under section 8 of the Act has been iss11 ,d in respect of the vessel. Registration of commerdal sport fisl• i.ng vess,ls 12. (!) A locally based foreign fishi,,g vessel intended to be used for commercial sport fishing may be regi,, rered by the Registrar in the same . manner as a local fishing vessel. (2) For the purposes of regulation 12(1), s,,:tioo 4 of the Act and regulation 4 shall be· applied and read "'' if the re.ferences therein to a local fishing vessel were references to a lo, ,illy based foreign fishing vessel. Application for commercial sport fishing vess,,J Ucence 13. An application for a commercial sport fishing vessel licence ·under section 8 of the Act shall be in Form 3 and shall be aca,mpanied by the certificate of registration of the vessel and the fee specified in Part I of Schedule 2. ,, Form 14. A commercial sport fishing vessel !'c.ence shall be in Form 9 and unless sooner cancelled or suspended shall be •alid for a period of 12 months from the date of issue. Fees 15. The fee payable for the issuance or: enewal of a commercial sport fishing vessel licence is such amount as is SJlocified in Part 2 of Schedule 2. Grounds for licence refusal 16. In addition to the grounds for lit ,nee refusal set out in section 8 of lhe Act, no licence in respect of a con-,,nercial sport fishing vessel shall be issued or renewed unless: (a) all information requeste,.I by the Registrar in respect of the proposed fishing· operat,on or related activities has been provided in the manner 1e<J.uired or requested; and 17 Gi!neral conditions 17. Every commercial sport fishing vessel licence shall, in addition to ,my particular conditions endorsed on the licence, bc subject to the foOo,,ing general conditions: (a) any change in the information set out in the application l.mn shall be notified to the Registrar as soon as practicable and in any case no later than seven days from the date of the change; (b) the vessel shall be seaworthy and shall comply with s:,fety standards applicable from time to time under the laws ofT, ·nga concerning shipping; (c) the vessel shall display identification markings in accord1nce with Schedule 3; (d) no fishing shall be undertaken except as authorised by the licence; (e) the master ·of the vessel shali cause records to be maint, in.ct on a daily basis in such form as the Registrar may from • ime to time require for the purpose of recording the fie .ning operations OT related activities of the vessel; (f) any record maintained under the preceding paragraph shi 11 be transmitted in its original and una1tered form to the Reg,:1trar at such time or times as he may .re.quire;· (g) whenever required to do so by the Registrar; a vessel shall ,,ny an observer designated by the Rei;istrar, and the mastc-, and crew of such vessel shall provide the observer with mch facilities and cooperation as may be required to allow him to carry out his duties; and (h) the operator shall promptly provide the Registrar with such information in respect of the fishing operations as he may require from time to time. PART ill - FISH PROCESSING ESTABLISHMENT AppUcatlon for ffsb processing establishment licence 18. (I) Every application for a licence to operate a fish proc, ssing establishment made under section 24 of the Act shall be in Form 111 and shall be accompanied by !he fee specified in Part I of Schedule 2. (2) The Registrar shall submit the application form, together v·ith a repcm of the consultation and evaluation required under regulation 19, ·,, the Minister within 90 days . of receipt of the application. 19. The Minister shall, in considering an application for a licence mder section 2~ of the Act and any conditions to be attached thereto, tak\ into Form 18 ;~ (a) consultations with all other aff, •:ted Government departments; and (b) an evaluation of all relevant frctor,;, induding those relating to fisheries, the environment. ,,ealth and industry. 20. Every licence to operate a fish procesr:mg establishment shall be in Form 11 and unless sooner cancelled or suspe11ded shall be valid for a period of 12 months from the date of issue. Fees 21. (I) Subject to sub-regulation (2), the foe payable for the issuance or renewal of a licence to operate a fish process.ing establishment shall be such ammmt as is specified in Part 2 of Schedul ': 2. (2) Notwithstanding any provision of th•: Act, no fees shall be payable in respect of any licence issued to a fish proc, ssing estnblishrnent owned and operated by the Government of Tonga. Grounds for licence refusal 22. No licence in respect of a fish processin!'. establishment shall be issued, under the provisions of section 24 of the \.ct if the applicant has been convicted in Tonga of any offence under the Act or any other Act relevant to the operation of a fish processing establishn mt, unlee,s the Mirtister decides otherwise on cause shown. Licence conditions 23. Every licence to operate a fish processin, establishment shall be subject to the following general conditions in addition ,o any otl1c:r conditions required under the Act (a) the fish processed at such esw,lishmen1 shall not exceed the total quotas allowed to that :.stablishment, including .those relating to species and quanti 1.,; (b) such estab]ishment shall be ma. stained and operated in a clean and sanitary manner; (c) accurate records shall be main,•1ined on a daily basis on such forms as may be required b, the Registru relatiing to the operations carried out in such , stablishrnent, including records of the origin, dates, quantity, t) pe and quality of fish received, processed, sold and exported. .,,,ct other information which the. Registru may require, and all such records shall be open to inspection at any time by an~ authorised officer, ( d) such returns shall be made pron •pUy to the Registtar concerning the operations . of the establishment as the Registrar may from time to time require; (e) any change in the-information~ 1bmitted in the application form shall be notified to the Registra as soon a5 practical and in any 19 PART IV - FISH MARKETING Flsb marketing centres 24. ( \) The Secretary may designate any place as an authorised fish marketing centre and, without prejudice to the powers and duties of any othe1 Government authority in relation thereto, may specify such conditions relating to tl1e operatic~ of such a designated centre as he may see fit. (2) The conditions which the Secretary may specify include, but are nol limited to the following ( a) the hours during which marketing shall be permiued; (b) the persons who may sell fish; (c) conditions necessary in the interests of public health anc hygiene. Buying and selling or fish 25. (l) The Minister may ·by Order published in the Gazette prescribe Iha, in relation to any particular geographical area no buying, selling, bartering. exchanging or offering for sale of fish shall take place otherwise than at an authorised fish marketing centre. (2) Where an Order has been made ttnder Regulation 25(1) any persm, who buys, sells, barters, exchanges or offers for sale any fish otherwise tha11 in accordance with the Order of the Minister commitc. ~ offence and shalL be lioble to afine not exceeding $500. PART V.-MISCELLANEOUS PROVISIONS Renewol or licence 26. Where any licence issued 1D1der these Regulations is renewed within 31: days before its expiry it shall not be necessary to make a fresh applicatioc, in 01!! prescribed form or to pay an application fee. Infonnatlon to be true, complete and correct Tl. Any information required to be recorded, notified, communicated or reported pursuant to any requirement of these Regulations shall be trur, complete and correct (2) Any change in circurostances which has the effect of rendering an, such information false, incomplete or misleading shall be notified immediate Iv to the appropriate person, authority or body. (3) Any person who contravenes sub-regulation, (I) or (2) commits a1 offence and shall be liable to a fine not exceeding. $5,000. Made this 31st day of May 1995. 20 Schedule I Forms 1. Application for Registration of a Loca: Fishing Vessel. 2. Certificate of Registration of a Local l'ishing V<0ssel. 3. Notice of Change of Owner.;hip of a ' .. ocal Fishing Vessel. 4. Notification of Addition or Modificatic,•1 to a L<.cal Fishing Vessel. 5. Application Form for a Local Fishing Vessel Licence. 6, Local Fishing Vessel Licence. 7. Application to vary a Loca1 Fishing \ ·?-Ssel Liet'nce. 8. Application for a Commercial Sport F,shing Vc"el Licence. 9. Commercial Sport Fishing Vessel Licc,ce. I 0. Application for a Fish Processing Est.1 ~lishment Licence. 11. Fish Processing Establishment Licence. 21 FORM 1 KINGDOM OF TONGA I The .Fisheries Act 1989 APPLICATION FOR REGISTRATION OF A LOCAL FISHING VESSEL (Fisheries (Local Fishing) Regulations 1995 -~ Regulation 4(1)) EVERY LOCAL FISHING VESSEL MUST BE REGISTERED UNDER S.4 OF THE FISHERIES ACT 1989 UNLESS THE VESSEL IS USED SOLELY FOR SUBSISTENCE FISHING OR RECREATIONAL SPORT FISHING OR IS A NON-MOTORIZED CANOE. An.<wer all the questions on this form either by filling in the spaces provid, d or checking the appropriate answer. DETAILS OF VESSEL Name of vessel: '---;:::=======] Make and type of vessel: ] Port of registry I Shipping registry . II number: . ] II Size of vessel: DORT D LOA Radio call sign (if any) L] Hull material: Wood D GRP Where built: Year-built CJ CJ Steel D D Radio (HFNHF/SSB/No) CJ Radar (Yes/No) Engine Other D Inboard: D Outboard:□ HP D Type. and make HPOMake DETAILS OF FISHING CAPACITY Complete as appropriate (a) Drop line (deep bottom fishing) (b) Trolling (c) Long-lining (d) Gillnetting (e) Other fishing methods (specify) D D D D D number of reels: number of lines: c:-J CJ C:] C:] CJ 22 Does the vessel have fish storage capacit: belows r1ecks? Yes O No D If yes: Chilled capacity Freezer holds capacity If no: 0kg 0kg Bin :t freezer capacity D kg Ice. machine production D kg How much fish can be carried on deck i" insulated boxes? D kg DETAILS OF OW'IERSHlr ~-------~ Name of owner (if owner is a registered 1 company, give name and address and Li J registered number): Address: Fax: Telephone: Name of charterer (if applicable): Address: Fax: Telephone: Name of master: DECLARATION BY APPLICANT I. I hereby apply to register the vessel , ,escribed above a, a local fishing vessel. I declare that the above infonnalirm is true, complete and correct. I understand I am required to report irnmed ately to the Registrar any changes to the information given on this form and further understand that failure to do so may render me liable to prosecutir ,n. 2. I declare that the vessel described ab,,ve is wholly owned by (mark 'x' beside a; b, or c): a. the Government of Tonga or by .,,y Statutory Body established by or under any law of Tonga; b. one or more natural persons who ·ire Tongan subjects or permanent residents of Tonga. c. a company, society or other assodation of persons incoipOrated or established under the laws of Tonga of which at Jea,t 51 % of the voting shares are owned by Tonrm subjects; AppUcant Date This opplicaJion is to be forwarded to the Rc~islrar, Ministry of Fisheries at the address shown below and is to be acccmpo•,ed bY the prescribed fee. The Registrar Ministry of Fisheries P.O. Box 871 Nnlrn'i:tlnfo Telephone: (676) 21399 Tr.1,.r 66%9 PRIMO TS 23 FORM 2 KINGDOM OF TONGA I The Fisheries Act 1989 CERTIFICATE OF REGISTRATION OF A LOCAL FISHING ~El (Fisheries (Local Pishing) Regulations 1995 - Regulation 4(3)) Certificate Number: Date of Issue In accordance with the provisions of section 4(6) of the Fisheries Act 19'!9, I hereby certify that the local fishing vessel described below is fit for fish· ng and satisfies the requirements of Tongan law relating to safety and hygi,·nc and has been duly registered as a local fishing vessel. DETAILS OF VESSEL Nam~ of vessel: ] ~ Size of vessel:□ GRT□ LOA !:11:arional radio call [.J Hull material: Wood Where built: c:J Main engine GRP Steel Tonga regiSIIlltion nmnber: ,. [ , make wic1 type, C J Horsepower/rating C] Regional Register number: c= J DETAILS OF OWNERSIIlP • N rune of registered owner: ~ Address: Telephone: Registrar Date Any change of ownership of. or addition or modification to, ony regist,,,a local fishing vessel, must be notifitd to the Registrar l,y the new owne, o, the owner DJ the case may be within 30 days of the change of owners oip or addition or modification. The Regislrar Minisiry of Fisheries P.O.·Box 871 Nuku'alofa Telephone: (676) 21: 99 T clex: 66369 PRIMO TS • 24 FORM 3 KINGDOM OF TONGA I The Fisheries A<• 1989 NOTICE OF CHANGE OF OWNERSHIP (I'•: A LOCAL FISHING VESSEL (Fisheries (Local Fishing) Regulatio11, 1995 - Regulation 7) The Registrar Ministry of Fisheries P.O. Box 871 Nuku'alofa Kingdom of Tonga Telephone: (676) 21399 Telr.x: 66369 PRIMO TS Fax: (676) 23891 L (insen ft,ll name of new owner) hereby notify the Registrar of a change of ownership of the i egistered local fishing vessel the full particulars of which are described bel.,w. A: DESCRIPTION OF VESSEL Name of vessel: ----i ~-;:::==·- ) Cedificate of registration number: ] Date issued: B: DETAILS OF REGISTERED OWJ,ERSHIP Name of previous owner: Address: Name of new owner. Address: ' C: DECLARATION BY NEW OWNER Tet Fax: Tel: Fax: 1. I declare that the above information is !rue, complete and correct. I Wlderstand I am required to report within ', days to the Registrar any changes to the information given on this form and further understand that failure to do so may render me liable to prosecuti ,n. 2. I declare that the vessel described al:ove is wholly owned by (mark ':t beside a, b, c): a. the Government of Tonga or by my Statumry Body established by or. under any law of Tonga; b. one or more natural persons who are Tongan subjects or permanent residents of Tonga. c. a company, society or other BSS<'dation of persons incorporated or established under the laws of T1·1ga of which at least 51% of the ~=-- -'L--- -- ,.. ........ A l-.'u Tni -'~ cnhif'r.Ts.: 25 FORM 4 KINGDOM OF TONGA I The Fisheries Act 1989 NOTICE OF ADDITION OR MODIFICATION TO A LOCAL FISHING Y™EI (Fisheries (Local Fishing) Regulations 1995 - Regulation 4(6)) The Registrar Ministry of Fisheries P.O. Box 871 Nuku'alofa Kingdom of Tonga Telephone: (676) 2139') Telex: 66369 PRIMO T.; Fax: (676) 2389 l I, (insert full name of new awner) notify the Regi • trar of Fisheries of the following addition(s) and/or modification(s) to ti.,, registered local fishing vessel the full particulars of which are described be!01 . A: DESCRIPTION OF VESSEL Name of vessel: Certificate of registration number: ~---~ B: DETAILS OF OWNERSIIlP Date issued: J '---· Name of previous owner: ~------~ Address: Tel: Fax: C: DETAILS OF ADDITION(S)/MODIFICATION(S) (Please give a run description of all a·ddltlons and/or modlffcatlons made to the vessel since the date of registration. Attach a separate numbe, td sheet If necessary,) D: DECLARATION I declare that the above information is true. complete and correcL I \Dlden~ nd I run required to report withirt 7 days to the Registrar any changes to he inf drmation given on this form and further understand that failure to do so may render me liable to prosecution. 26 FORM.' KINGPOM OF fONGA I • ' ' The Fisheries Mt 1989 APPLICATION FORM FOR A LOCAi. FISHINC VESSEL LICENCE (Fisheries (Local Fishing) Regulaf..,ms 1995 - Regulation 5) APPLICATION FOR A LOCAL FISHlNG VEoSEL LICENCE HAS TO BE COMPLETED BY ANYONE USING .\ VESSEL OVER 6 METRES IN LENGTH FOR FISHIN•-; UNLE~S THE VESSEL IS USED SOLELY FOR SUBSlSTENCE FISHING Arawer all the questions on this form eilh,.·. • by Ji/lint in the spaces provided or checking the appropriale arawer. DETAILS OF \'ESSEL Name of vessel: Make and type of vessel: Cenificate of reg- I istrab.on number: . '-----' Date ic.sued: DETAILS OF PROPOSED HSHING :11:ETHODS Complete as appropriale (a) Drop line (deep bottom fishing) (b) Trolling (c) Long-lining (d) Gillnetting (e) Other fishing methods (specify) [~] nwnber of reels: [] number of lines: [J [] [] D D For (c), (d) and (e) altach details on a separale sheet, wilh a skach of the gear to be employed. DETAILS OF ANY SPECIAL CONDITIONS REQUESTED 27 DETAILS OF APPLICANT ' • Name of applicant (if owner is a registered 'company, give name and address and • •' . registered number): ·•·.· : Slate whether o'WJler, charter or master • Address: ',). '·: Fax: Telephone: > : Name of charterer (if applicable): •.)", , 1 . Address: • Fax: Telephone: ,·,. •. • ; Name of master: DECLARATION BY APPLICANT • ; ' I apply for a local fishing vessel licence in respect of the local fishing vessel • 'described above. I declare that the above information is true, complete and ·corm•t I understand I am required to report immediately to the Registnu ·itny changes to the information given on this fonn af!d further unden;tand •that failure to do so may render me liable to prosecution. Applicant Date • ' . Tlus applicaJion is to be forwa,ded to the Regisrrar, Mini<try of Fisheries al th,. address shown below and is to be accanpamed !,y the prescribed fee and a certifie,i copy of the certificate of registration. The Registrar Ministry of Fisheries P.O. Box 87i Nuku'alofa Kingdom of Tonga Telephone: (676) 21399 Telex: 66369 PRIMO TS Fax, 1676\ 7.31!91 2 The Flsberi .. , Act 19R9 LOCAL Fi:SHING VESSEL LICENCE (Fisheries (Local ~ishing) Rer :lotions 1 oq5 - Regulation 6) Local Fishing Vessel Li<tnce Number: ··--- . Date of Issue !. , The vessel described in this licence • ,, hereby licensed in accordance with section 6 of the Fisheries Act 1989 "> engage in fishing in such parts of the fisheries waters of Tonga as are d, scribed below, for the period described in this licence and in accordance whh the termt. and conditions set out in the Fisheries Act 1989 and Regulat;:ms made thereunder and the special conditions set out in this licence. Name of vessel: '------·---·---------' Size of vessel: D GRT D LO ·, lnte1.~1ational radio call sign Tooga registration number: '--[ ,! Regional R~gister nwnber: SPECIAL ( ONDITlONS Authorised fishing nreas: Authorised fishing operation: Authorised target speci.es and quota. Restrictions on by-catch: Other special conditions: Permitted transhipment operations (l"/iere applicable): Permitted use of fish aggregating d vices (where applicable): PERIOD cw VALill!TY □ Subject IO the Fisheries Act lic.ence is valid from the 19 (inclusive) 1989 md Reg1)·1tions made thereunder, this Jay of l 9 to the day of Registrar of Fisheries Date 29 FORM 7 KINGDOM OF TONGA I . ' The Fisheries Act 1989 APPLICATION TO VARY A LOCAL FISHING VESSEL LICENCE (Fisheries (Local Fishing) Regulations I 995 - Regulation 10) Local Fishing Vessel Licence Number: ~I -~I Date of b,;ue c== :J I (insert name of applicant) ........ ........ ---- apply to the Regislnl, of .. ·, • Fisheries to vary the conditions of the above-mentioned local fishing vc- ,seJ Jkence in respect of the authorised areas and species as described bei•lW. ., Nome of vessel: '-----------~ Size of vessel: □ GRT □ LOA hltemational radio call [] sign . Tooga registration number: j I Regional Regi&ler number: L - "] DETAILS OF VARIATIONS SOUGHT Authorised fishing areas: Species of Fish to be lllken: Applicant Date This applicalion is to be forwarded to the Registrar, Mimstry of Fisllerw at the address shown below and is to be accompa"lied by the original lii~ence and the prescribed fee. The Registrar Ministry of Fisheries P.O. Box 871 Nuku'alofa Kingdom of Ton~a Telephone: (676) :.1399 Telex: 66369 PRIM') TS Fax: (676) '.' ·1891 30 FORM 8 KINGDOM OF TONGA The Fis!,eries ·A<:1 1989 APPLICATION FOR A COMMERUAL SPO~T FISHING VESSEL LICENCE (Fisheries (Local Fishing) i{egulations 1995 - Regulation 11) AN APPLICATION FOR A COMMERCIAL SPORT FISHlNG VESSEL LICENCE HAS T·1 BE C<•MPLETED BY ANYONE USING A VESSEL FOR HIRI OR REIVARD FOR THE PURPOS OF SPORT FISHING 1, THE FISHERIES WATERS. Answer all the queslions on lhis f"-on either !,y filling in the spaces provid, or checki.ng the appropriate ansh t!r. DETAll S OF VESSEL Name of vessel: Make and type of vessel: c· Drop line (deep bottom fishing) D Trolling: D Number of crew: D Number of fishennen: D Other fishing methods (aJtach dr,.t-iils on a separate sheet, with a sk.ei-:h of 1h£ gear w be employed) number of reels: number of lines: DETAILS OF APPLICANT Name of applicant (if owner is ., registered company, give name ,.,uJ address and registered number): State whether owner, charterer <"·- skipper C C Add rc s s: Fax: Telephone: Name of charterer (if applicable): . . Address: •. Fax: Telephone: Name of skipper: Address: Telephone: 31 .DECLARATION BY APPLICANT .I apply for a commercial sport fishing vessel licence in respect of 1:,c vessel ,.d~ribed above. I declare that lhe above information is true, com:1lete and , , . correct. I understand l am required lO report immediately to the R.egistrar any changes to- the infonnation given on this fonn and further u-1derstand '.~:~at failure to do so may render me liable to prosecution. · .I "4eclare that the vessel describe.d above is registered in Tonga a~ (tick as ·.··,.·appropriate) a. a local fishing vessel; b. a locally based foreign fishing vessel intended "' be used for sport fishing: Certificate .of ·regiscration number: Applicant Date issued: [ Date This applicaJion is to be forwarded to the RegisJrar, Ministry of Fish, ,·ies at the . address shown below and is to be accompanied IJy the prescribed fee Qlll. a certified copy of the certificate of registration. The Registrar Ministry of Fisheries P.O. Box 871 Nuku'alofa Telephone: (f '6) 21399 Telex: 66369 P '.IMO TS FOkM 9 KINGDOM OF TOl'WA ,1 The Fisher lcs Act 1989 COMMERCIAL SPORT l'!SHING VESSEL LICENCE (Fisheries (Loca) Fishing) Re, :;1lations J'l~5 - Regulation 14) Commercial Sport Fishing Vessel Licence N111Dber Date of is.sue The vessel described in this licence is hereby licensed in accordance with section 8 of the Fisheries Act 1989 to cngag,, in commercial sport fishing in such parts of the fisheries water, of Tonga as arc described below, for the period described in this licence and in accordance with the tcrma and conditions set out in the Fisheries Ac, 1989 and Regulationa made thereunde, and the spe.cial conditions set out i.1 ·; this licmce. Name of vessel: Name of master. Siu of vessel: □ GRTe □ lJ ,A lnt1.'.mational radio call sign SPECIAL :,:ONDil'JONS Authorised fishing areas: Authorised fishin; operation: Authorised target species and quot: , Authorised fishing gear (type and f:uantity): Restrictions on by-catch: Pemtitted use of fish aggregating ,:,,,vices (where applicable): Other specilJJ condilwns: PERIOD 1)F V ALIUITY C Subject to the Fisheries Act licence is valid fmm the 19 (incluaive) 1989 and Regulations made thereunder, thi day of 19 to the day o Registrar of Fisheries Date 33 FORr., 10 KINGDOM OF TONGA The Fisheries Act 1989 ,,. > APPLICATION FOR A FISH PROCESSING ESTABLISHMENT LICEt•.CE (Fisheries (Local Fishing) Regulations I 995 - Regulatioo 18) • Answer all the qu,s1ions on this form eilher by fdling in the spaces pro,ui, 1 or ·'i\,: checking lhe appropriate answer. DETAILS OF APPLICANT AND PREMISES •, • Name o[ applicant (if applicant is a regisloed , ,, .. company, give name and address and registered number): . Address: Fax: Telephone: Name of premises: • I ~-- J State whether apjiicant is owner or lessee of JfflTlises: Address: Fax: Telephone: Name of landlord (if applicable): Address: Fax: Telephone: Provide details of any joint ventures or contractual arrangements witi• or in Tonga in connection with the proposed operations: 34 DETAILS OF FISH PIWCESSIKG OPERATIONS Species of fish to be processed: Sources of supply: Nature of processing operation: Number of persons to be employed by the operation: Products: Please attach a full description of /he premise.s, including a plan of the premises, a description of the canst, ·1ction and maintenance standards and sanitation facilities. DECLARATIO~, BY AP!'LICANT I apply for a fish processing establishnent lice,nce in respect of the premises described above. I declare that the , 1:iove infoi mation is true, complete and correct I understand I am required 10 report within 7 days to the Registrar any changes to the infonnation giv~: 'l on this fonn and further 1mderstand that failure to do so may render mr liable to prosecution. " Applicant Date This application is lo he forwarded to {/u, Regi>trar, Minislry of Fisheries al the address shu.,,n below and is lo he accom1•aniLd by /he presaibed fee and a certified copy of the certificate of registrati,:,n, The Registrar Ministry of Fisheries P.O. Box 871 Nuku'alofa Kingdom of Ton~• Telephone: (676) 21399 Telex: 66369 PRIMO TS Pn· tf,?f:.\ ?'l:ROl ·:i ; 35 FORM 11 KINGDOM OF TONGA I The Fisheries Act 1989 FISH PROCESSING ESTABLISHMENT LICENCE (Fisheries (Local Fishing) Regulations I 995 - Regulation 20) Fish Processing Establishment Licence Number Date or issue C.~ The person named as the licence-holder below is licensed in accordanc,. with section 24 of the Fisheries Act 1989 to use the premises described 1,elow as a fish processing establishment in a~ordance with the terms and conditions set out in this licence and the conditions in the Act and as prescribe<' from time to time in the Regulations. Name of licence-holder: Address of premises: Tel: Fax: Authorised processing methods: Species of fish to be processed: Quotas/quanti<ies of fish 10 be processed: Source of supply: SPECIAL CONDITIONS PERIOD OF VALIDITY Subjec< to the Fisheries Ac< licence is valid from the 19 (inclusive) I 989 and Regulations made thereunde. . this day of 19 to the dry of · Minister Date 36 SCHEDUI .le 2 FEES Part 1 - Fees upon application fo, Licence, and Registration I. Application to regis1er and registrat·· n of a l"cal fishing vessel: ( a) lhe length of which is 6 r.tetres - $:>. 00. (b) lhe lenglh of which exceed,. 6 metres, the fee used in l(a) shall be used as a base lhen an , ,now,t of ')2.00 for every additional metre shall be added. 2. Notice and registration of change in nwncrshi:· of a local fishing vessel $10.00. 3. Notice and registration of modificathn lo a h;,:a1 fishing vessel-$10.00 4. Application for a local fishing ves!- J licence· (a) lhe Jenglh of which is 6 ~etres - $:i.00. (b) the lenglh of which exceed: 6 metre;, lhe fee used in 4(a) shall be used as a base lhen an : .. noun! of $2.00 for every additional metre shall be added. 5. Application to vary a local fishing vessel fr ,.nee - $5.00. 6. Application for a commercial spon fishing cc,sel lice.nee: (a) lhe length of which is 6 'Tletres - )\JO.DO. (b) lhe lenglh of which exceeds 6 metre,,, lhe fee used in 6(a) shall be used as a base lhen an ,mount o[ $5.00 for every additional metre shall be added. 7. Application for a licence to opera:.,., a fish processing establishment $50,00. Part 2 - Lic,·nce fees I. Local fishing vessel licence (a) lhe lenglh of which is 6 metres - ',50.00. (b) lhe length of which exceds 6 metres lhe fee used in !(a) shall be used as a base then an :,mount o: $5.00 for every additional metre shall be added. 2. Conunercial sport fishing vessel kence. (a) lhe length of which is I metres - 'il(l0.00. (b) the length of which exec, :ls 6 metr·,s the fee used in 2(a) shall be used as a b~e then an runount Qr $5.00 for every additional metre shall be added 3. Licence to operate a fish proces~,ng establio;hment ·- $500.00. '· ,· ,'" ,,;, .. •• 37 SCHEDULE 3 (Regulations 9(c), 17(c)) VESSEL IDENTIFICATION MARKINGS 1. All vessels licensed or authorised under the Act shall be marked with ~cir Jntmlalional Tel=nmunications Union (ITU) R ooio Call Signs (IRCS). 2. Vessels not provided with an IRCS shall be marked with the charac··-rs allocated by the ITU to the flag Slate and followed by the licene< or regislration number assigned by the flag State. In such cases a hypl1on shall separate the ITU characters and the assigned number. 3. Apart from the vessel's name or identification and port of registry, ,he marking system specified above shall be the only other ve, ,el identification mark consisting of letters and numbers painted on the Lull or superstructure. 4. The markings shall be prominently displayed at all times ( a) on the vessel's side or supersiructure, port and starboard: (b) on a deck, but should an awning or other temporary co, er obscure the mark, the awning or cover shall also be marl-ed. Deck marks shall be placed athwartships with the top of ,he numbers or letters towards the bow. S. Marks shall be placed as high as possible above the water line. ', he flare of the bow and the stem should be avoided. 6. The marks shall be (a) placed so they are not obscured by the fishing gear whether stowed or in use; (b) be clear of the flow from scuppers and overboard dischai ,es including areas which might be damaged or discoloured frnm the catch of certain species; and (c) not extend below the waterline. 7. Boats, skiffs and craft carried by the vessel for fishing operations wall bear the same mark as the vessel concerned. 8. Block lettering and numbering shall be used throughout •l The height (h) of the letters and numbers shall be in proportion to 1he size of the vessel in accordance with the following (a) for marks placed on the superslrUCture (in metres): Length or vessel overall 25 m and over 20 m but less than 25 m • IS m but less than 20 m 12 m but less than 15 m Minimum height of letters and numbers 1.0 m 0.8 m 0.6 m 0.4 m 38 (b) for marks placed on d< de, the J; eight shall be not less than 03 m for all classes ,. : vessels if Sm and over. 10. The length of the hyphen shall 1c half I.he height of the letters and numbers. 11. The width of the stroke for all ,,,tters, nu,nbers and the hyphen shall be h/6. 12. The space between letters and/or numbers shall not exceed h/4 nor be less than h/6. 13. The space between adjacent letter, having ,.loping sides shall not exceed h/8 nor be less than h/10, for uample A V, 14. The marks shall be (a) white on a black back;,round; o·, (b) black on a white back,~round. 15. The background shall extend to provide a border around the mark of not less than h/6. 16. The marks and background shall .Je maint,med in good condition at all times.