Fisheries Regulations (Amendment) Order 2013 (S.I. No. 141 of 2013)

REPUBLIC OF VANUATU FISHERIES ACT [CAP 315] Fisheries Regulations (Amendment) Order No.I41 of2013 In exercise ofthe powers conferred on me by section 79 of the Fisheries Act [CAP 315] , I, the Honourable DAVID TOSUL, Minister of Agriculture, Livestock, Forestry, Fisheries and Biosecurity, make the following Order. 1 Amendments The Fisheries Regulations Order No. 28 of2009 is amended as set out in the Schedule. 2 Commencement This Order is taken to have commenced on 3 October 2013. Fisheries Regulations (Amendment) Order No. 141 0/2013 1 SCHEDULE AMENDMENTS OF THE FISHERlES REGULATIONS ORDER NO. 28 OF 2009 SCHEDULE AMENDMENTS OF THE FISHERIES REGULATIONS ORDER NO. 28 OF 2009 1 Clause 1 Insert in its correct alphabetical order "Department means the Fisheries Department;" 2 Subclause 61 (heading) Repeal the heading, substitute "Processing of Beche-de-mer" 3 Subclauses 61(1), (2), (3) and (4) Repeal the subclauses, substitute "(1) A person must not process or have in his or her possession any beche-de mer for the purpose of processing. (2) A person who intends to process any beche-de-mer may apply in writing to the Director for a processing licence. (3) The Director may issue a processing licence to an applicant ifhe or she: (a) is a citizen of Vanuatu; and (b) has paid the relevant fee set out in Schedule 27A. (4) A person issued with a processing licence may process beche-de mer subject to conditions imposed by the Director. (5) A processing licence issued under this clause expires on 31 December each year and may be renewed." 6 After clause 61 Insert Fisheries Regulations (Amendment) Order No. 141 0/2013 2 SCHEDULE AMENDMENTS OF THE FISHERIES REGULATIONS ORDER NO. 28 OF 2009 " 61A Harvesting of beche-de-mer (1) A person must only harvest beche-de-mer in an area set out in Schedule 27B. (2) A person must not harvest beche-de-mer under subclause (1) unless: (a) the Department conducts an assessment of the full stock ofbeche de-mer; and (b) the Department finds that there is sufficient stock of beche-de-mer in that area. (3) A person must not harvest beche-de-mer in the absence of an officer of the Departm ent. " 7 Clause 62 Repeal the clause, substitute "62 Export of Beche-de-mer (1) A person must not export or have in his or her possession any beche-de mer for the purpose of export. (2) A person who intends to export beche-de-mer may apply in writing to the Director for an export licence. (3) The Director may issue an export licence to an applicant if he or she: (a) is a citizen of Vanuatu; and (b) has paid a fee for the issue or renewal of a licence to operate a fish export processing establishment set out in clause 49. (4) A person issued with an export licence must only export beche-de-mer that is of the required size specified under Schedule 27. (5) An export licence issued under this clause expires on 31 December each year and may be renewed." Fisheries Regulations (A mendment) Order No. '4-1 0/2013 3 SCHEDULE AMENDMENTS OF THE FISHERIES REGULATIONS ORDER NO. 28 OF 2009 8 After Schedule 27 Insert Fisheries Regulations (Amendment) Order No. lltl 0/2013 4 SCHEDULE AMENDMENTS OF THE FISHERIES REGULATIONS ORDER NO. 28 OF 2009 SCHEDULE 27A PROCESSING LICENCING FEES (Regulation 61 (3)(b)) Column 1 Column 2 Column 3 Column 4 Common Name Scientific Name Grade Single-species licence fee Amberfish Thelenota anx Low =3,000 (VT) TAC (kg) Brown Curryfish Stickopus vastus Low =3,000 (VT) TAC (kg) Chalkfish Bohadschia Low =3 ,000 (VT) TAC marmorata (kg) Elephant Holothuria Low =3,000 (VT) TAC Trunkfish fuscopunctata (kg) Flowerfish Pearsonothuria Low =3 ,000 (VT) TAC Graeffei (kg) Pinkfish Holothuria edulis Low =3,000 (VT) TAC (kg) Red snakefish Holothuria Low =3,000 (VT) TAC flavomaculata (kg) Snakefish Holothuria coluber Low =3,000 (VT) TAC (kg) Hairy b lackfish Actinopyga Medium =5,000 (VT) T AC miliaris (kg) Fisheries Regulations (Amendment) Order No.JLl-I 0/2013 5 SCHEDULE AMENDMENTS OF THE FISHERIES REGULATIONS ORDER NO. 28 OF 2009 Lollyfish Holotyhuira atra Medium =5,000 (VT) TAC (kg) Brown sandfish Bohadshia Medium =5,000 (VT) TAC vitiensis (kg) Deepwater Actinopyga Medium =5,000 (VT) TAC blackfish palauensis (kg) Greenfish Stichopus Medium =5,000 (VT) T AC chloronotus (kg) Peanutfish Stich opus horrens Medium =5,000 (VT) TAC (kg) Prickly redfish Thelenota ananas Medium =5,000 (VT) TAC (kg) Stonefish Actinopyga Medium =5,000 (VT) T AC lecanora (kg) Surf redfish Actinopyga Medium =5,000 (VT) TAC mauitiana (kg) Tigerfish Bohadschia argus Medium =5,000 (VT) T AC (kg) Black teatfish Holothuria High =8,000 (VT) TAC (kg) Golden sandfish Holothuria lessoni High =8,000 (VT) TAC (kg) White teatfish Holothuria High =8,000 (VT) TAC fuscogilva (kg) Curryfish Stichopus High =8,000 (VT) TAC herrmanni (kg) Fisheries Regulations (Amendment) Order No.llfl 0/2013 6 SCHEDULE AMENDMENTS OF THE FISHERIES REGULATIONS ORDER NO. 28 OF 2009 Note 1: Licence application fees are indicated for single-species processing and export licences. Licence application fee are proportional to the value of the processed and exported quantities for each Beche-de-mer specieis. Note 2: T AC must be indicated in kg of dried products (using standard conversion rates from wet/semi-processed to dried products). Example 1: The fee of a licence for producing 1,500 kg of dried Lollyfish (holothuria atra) is 468,750VT. Example 2: The fee of a licence for producing 500 kg of dried Curryfish (Stichopus herrmanni) is 250,OOOVT. Fisheries Regulations (A mendment) Order No. 14-10/2013 7 SCHEDULE AMENDMENTS OF THE FISHERIES REGULATIONS ORDER NO. 28 OF 2009 (Regulation 61 A(l) \ , \ ' \ .. SCHEDULE 27B SELECTED AREAS , \ \ .. Survey sites o 20 km ---10 Fisheries Regulations (Amendment) Order No.l4f 0/2013 8 SCHEDULE AMENDMENTS OF THE FISHERIES REGULATIONS ORDER NO. 28 OF 2009 Sur/ey sites o 20km ----10 , Fisheries Regulations (Amendment) Order No. fq1 oj2013 .' 9 SCHEDULE AMENDMENTS OF THE FISHERIES REGULATIONS ORDER NO. 28 OF 2009 \. Ma\ekuJa Island ..... .... --.. Maskelyne Islands SUfvey sites o 10 20km Fisheries Regulations (Amendment) Order No.'ifl 0/2013 10 SCHEDULE AMENDMENTS OF THE FISHERJES REGULATIONS ORDER NO. 28 OF 2009 Survey ~i ! e!> o 5 10 km \ " " " .') Pentecost ISland , \, .. \ Notel:Black shadings indicate the areas where Harvesting of Beche-De-Mer is licenceed. Note 2:Alllicence holders must only harvest at the selected areas designated to them by the Department. Fisheries Regulations (Amendment) Order No. f4-/ 0/2013 11