Offshore Fisheries Management Regulations 2014 (L.N. No. 18 of 2014)

83 GOVERNMENT OF FIJI GAZETTE SUPPLEMENT No. 12 FRIDAY, 6th JUNE [LEGAL NOTICE No. 18] OFFSHORE FISHERIES MANAGEMENT DECREE 2012 (DECREE No. 78 OF 2012) 2014 Offshore Fisheries Management Regulations 2014 PART I-PRELIMINARY 1. Short title and commencement 2. Interpretation PART 2-FlSHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT 3. Designation of prohibited or restricted fishing areas 4. Seasonal and species restrictions 5. Restrictions relating to endangered or protected fish species 6. Prohibitions relating to certain types of fishing gear and fishing methods 7. International conservation and management measures 8. Contravention PART 3-DOMESTIC FISHERIES DEVELOPMENT 9. Requirements for joint venture or other commercial agreement 10. Requirements for charter of foreign fishing vessels 11. Requirements for charter of Fiji fishing vessels by Fiji nationals 12. Requirements for the acquisition, modification or construction of fishing vessels 13. Export and import of fish and fish products 14. Fiji Catch Certificate PART 4-LICENCES AND AUTHORISATIONS 15. Licence to fish within Fiji fisheries waters 16. Licence to fish within Fiji's exclusive economic zone 17. Licence to undertake sport or recreational fishing 18. Permission to undertake exploratory Of test fishing within Fiji fisheries waters 19. Authorisation to undertake fisheries scientific research 20. Authorisation to fish beyond Fiji fisheries waters 21. Licence and authorisation conditions and requirements 22. Additional conditions and requirements for Fiji fishing vessels 23. Maintenance and submission of catch logs 24. Licence procedures for any licence or authorisation issued under these Regulations 25; Requirements for the transfer of a licence or authorisation 26. Fishing inspections 84 27. Licence, authorisation and permit fees 28. Record of Offshore Fishing Companies 29. Record of Fish Processing Establishments 30. Record ofFish Exporters and Importers 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. PART 5-MONITORING, CONTROL AND SURVEILLANCE Requirement for Mobile Transceiver Unit Operation and Monitoring of Mobile Transceiver Unit Confidentiality and authorised release of VMS information Transhipment Bunkering Provisioning Authorised officers Observers Vessel reporting requirements High seas boarding and inspection Inspectors and inspection vessels Entry and use of designated POlt Inspection of foreign fishing vessels in port Inspection of Fiji fishing vessels in port Record of fishing vessels using ports in Fiji Vessels using ports in Fiji to be on record Compliance with use of port terms and conditions Suspension or cancellation of inclusion on the record Requirements for landing of catch Bond and other forms of compensation Security for release of foreign fishing vessel PART 6-0FFENCES FOR OFFSHORE FISHERIES FIXED PENALTY NOTICE 52. Identification of offences to which a Fixed Penalty Notice applies PART 7 - MISCELLANEOUS 53. Marking of gear 54. Marking of support craft 55. Interferency retrieval or possession of fishing gear and support craft 56. General offences and penalty 57. Amendments to Schedules and Standards SCHEDULES IN exercise of the powers conferred upon me by section 104 of the Offshore Fisheries Management Decree 2012, I hereby make these Regulations PART 1-PRELIMINARY Short title and commencement I. These Regulations may be cited as the Offshore Fisheries Management Regulations 2014 and shall come into force on the date of its publication in the Gazette. I' 85 Illterpretation 2.-(1) In these Regulations, unless the context otherwise requires "associated equipment" means any device or system that can be used by a vessel to locate, track or otherwise monitor fishing or related activity and includes but is not limited to (a) a video camera; (b) equipment associated \vith a fish aggregating device; Ie) a satellite; Id) a beacon; or Ie) a buoy; "bareboat charter" means the lease of a fishing vessel under a charter party in which the owner of the vessel does not possess the vessel and the person chartering the has possession and exercises control of the management and operations of the vessel for the duration of charter; "charter" or "charter party" means a bareboat charter or demise charter party agreement made in accordance with the Marine Act 1986; "Decree" means the Offshore Fisheries Management Decree 2012; "deployment" means the introduction into the sea of a FAD or associated electronic equipment; "domestic fisheries development" refers to fishing or related activity in support of fisheries development in Fiji and includes such fishing and related activity by Fiji vessels, and locany based foreign fishing vessels, and processing facilities in Fiji; "domestic fishing vessel" or Udomestic fishing fleet" includes Fiji vessels, locally based foreign fishing vessels or a chartered fishing vessels; "Exclusive Economic Zone" has the same meaning as in the Decree; "FFA Vessel Register" means the register of fishing vessels maintained by the Forum Fisheries Agency; "Fiji fisheries waters" has the same meaning as in the Decree; "Fiji owned" means a fishing vessel that is wholly owned and controlled by (a) a company, society or other association of persons incorporated or established under the written laws of Fiji, at least 51 percent of which is beneficially owned by citizens of Fiji; Ib) citizens of Fiji; or (e) a formal arrangement; "fish" has the same meaning as in the Decree; "fish aggregating device" or "FAD" has the same meaning as in the Decree; 86 "fish processing" has the same meaning as in the Decree and "processed" or "processing" shall have a corresponding meaning; "fish processing establishment" means any place, other than a fishing vessel, where fish are canned, dried, gutted, dismembered, loined, filleted, salted, iced, chilled, frozen, packed, or otherwise processed for sale in or outside Fiji; "fishery" or "fisheries" has the same meaning as in the Decree; "fisheries scientific research" means any scientific activity within Fiji fisheries waters to (a) investigate a fishery; (b) evaluate interactions within an ecosystem; (c) assess the effectiveness of fishing gear in minimising incidental catch of non-target species; or (d) in protecting targeted species from depredation; "Fisheries Management Plan" has the same meaning as in the Decree; "fishing trip" means the period conunencing from the time a fishing vessel prepares to depart from a port to the time it returns to port to land or tranship its catch; "high seas" has the same meaning as in the Decree; "IUU" means illegal, unreported and unregulated; "illegal, unreported and unregulated fishing" or "IUU fishing" means (a) illegal fishing refers to activities (i) conducted by a Fiji fishing vessel or foreign fishing vessel in waters under the jurisdiction of a State, without the permission of that State, or in contravention of its laws; (ii) conducted by vessels flying the flag of States that are pallies to a relevant regional fisheries management organisation but operate in contravention of international conservation and management measures adopted by that organisation and by which the States are bound, or relevant provisions of the applicable international law; or (iii) conducted in vi01ation of national laws or international obligations, including those undertaken by cooperating States to a relevant regional fisheries management organisation; (b) unreported fishing refers to fishing activities (i) which have not been reported, or have been misreported, to the relevant national authority, in contravention of national laws; or " 87 (ii) undertaken in the area of competence of a relevant regional fisheries management organisation which have not been reported or have been misreported, in contravention of the reporting procedures of that organisation; (e) unregulated fishing refers to fishing activities (i) in the area of application of a relevant regional fisheries management organisation that are conducted by vessels without nationality, or by those flying the flag of a State not party to that organisation, or by a fishing entity, in a manner that is not consistent with or contravenes the conservation and management measures of that organisation; or (ii) in areas or for fish stocks in relation to which there are no applicable conservation Of management measures and where such fishing activities are conducted in a manner inconsistent with State responsibilities for the conservation of living marine resources under international law; "import" means to~ (a) land on, bring into, or introduce into any place in Fiji; (b) attempt to land on, bring into, or introduce into any place in Fiji; (e) receive on account or consignment for the putposes of paragraph (a) or (b); or (d) carry or transport anything for the purposes of paragraph (a) or (h); "length overall" or "LOA", in relation to a vessel, means the distance in metres (with an accuracy of two decimal places) in a straight line between the foremost point of the bow and the aftermost point of the stern, provided that the bow shall be taken to include the watertight hull structure, forecastle, stem and forward bulwark, and the stern shall be taken to include the watertight hull stmcture; "licence" means a licence issued in accordance with the Decree and for the purposes of these Regulations, includes a licence issued by a regional fisheries authority; "locally based foreign fishing vessel" has the same meaning as in the Decree; "Ministry" means the Ministry responsible for fisheries; "Mobile Transceiver Unit" or "MTU" has the same meaning as in the Decree; "taken" in relation to catch retention means the capture of fish but does not include the release or discard of fish; "transhipment" has the same meaning as in the Decree; "vessel monitoring system" has the same meaning as in the Decree; "vessel monitoring system information" has the same meaning as in the Decree; 88 "Western and Central Pacific Fisheries Commission l ' means the regional fisheries management organisation established under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean; and "whole fish" means a fish that is not living and has not been processed on land and is intended for transhipment or export. (2) A reference to the holder of a licence or authorisation shall, in the case of a fishing vessel licence or authorisation, be deemed to be a reference to the operator of the vessel or, in the case of a foreign vessel, the operator or legal representative of that vessel. PART 2-FJSHERIES CONSERVATION, MANAGEMENT AND DEVELOPMENT Designation of prohibited or reslrictedjishillg areas 3.-(1) Unless otherwise authorised by these Regulations, a foreign fishing vessel and Fiji fishing vessel shall not conduct any fishing or related activities within a prohibited or restricted fishing mea described in Schedule 1 and any prohibited area declared in accordance with the Environment Management Act 2005 or any other written law. (2) Any person who contravenes this regulation commits an offence. (3) Nothing within these Regulations shall limit or prohibit any pel~on other than a foreign fishing vessel or Fiji fishing vessel from conducting any fishing or related activities within a prohibited or restricted area for the purposes personal use or consumption. Seasonal and species res/ric/lollS 4.-(1) A person shall not kill, take, land, sell or offer or expose for sale, deal in, transport, receive or possess any fish identified in Schedule 2A in accordance with the requirements described in that Schedule. (2) Any person who contravenes this regulation commits an offence. Restrictions relating to elldallgered or protectedjish species 5.-(1) A person shall not kill, take, land, sell or offer or expose for sale, deal in, transport, receive or possess any endnngered or protected fish listed in Schedule 2B. (2) Any person who contravenes this regulation commits an offence. ProhibitiollS relating to certain types ofjishing gear and fishing methods 6.-(1) A person shall not use for fishing or have on board a vessel or possess in Fiji fisheries waters any fishing gear or employ a fishing method identified in Schedule 2C, including but not limited to any (a) driftnet fishing gear; (b) net, the mesh size of which does not conform to the minimum stretched mesh size set by the Ministry for that type of net; (c) poison, chemical, stupefying substance or explosive; (d) fishing gear which does not conform to standards approved by the Minister required pursuant to the Decree for that type of fishing gear; and (e) fishing gear which is prohibited by the Decree. 89 (2) Any person who contravenes this regulation commits an offence. International conservotion and management meoSlfres 7.-(1) The Minister may by notice in the Gazette declare that an international conservation and management measure is a measure applicable to Fiji fishing vessels and foreign fishing vessels in Fiji fisheries waters, and Fiji fishing vesse1s beyond Fiji fisheries waters. (2) An international conservation and management measure declared under sub regulation (1) is deemed to be a condition of any fishing licence or authorisation issued pursuant to the Decree and shall be complied with by the master. owner, operator or person chartering a fishing vessel as the case may be. (3) Any person who contravenes this regulation commits an offence. COlltrm'ellt;oll 8.-(1) Any person who (a) being the operator of a fishing vessel, fails to comply with the conservation and management measure declared under regulation 7; or (b) otherwise contravenes or fails to comply with any provision of this Part, commits an offence. PART 3-DOMESTIC FISHERIES DEVELOPMENT Requiremellfs for joillf vellture or other commercial agreement 9. The Minister may, on the recommendation of the Permanent Secretary and in conformity with the Decree and a Fisheries Management Plan, declare by notice in the Gazette the requirements for joint venture or other commercial agreements in support of domestic fisheries development, and may amend such requirements from time to time. Requirements for charter of foreign fishillg vessels 10.-(1) Notwithstanding the requirements in any written law, no citizen or national of Fiji shall charter a foreign fishing vessel for the purposes of fishing or related activities within Fiji fisheries waters or beyond such waters except with the authorisation of the Permanent Secretary and in accordance with the requirements under these Regulations. (2) A person intending to charter a foreign fishing vessel shall apply to the Permanent Secretary for an authorisation to charter a foreign fishing vesse1. (3) A person making an application in accordance with sub-regulation (2) shall be a person holding the office of director or equivalent of a body corporate registered under the Companies Act (Cap.247). (4) Every application for an authorisation to charter shall be (a) made in the form set out in Schedule 60; (b) accompanied by a true copy of the proposed charter pm1y with the application for a licence; and (c) accompanied by the relevant fees set out in Schedule 7, including but not limited to an application fee or an authorisation to charter annual fee. 90 (5) An authorisation to charter may be granted for the proposed duration of the charter party or such lesser period as determined by the Permanent Secretary. (6) The Permanent Secretary shall not grant an authorisation to charter if (a) the fishing vessel is listed on the IUU vessel list of any regional fisheries management organisation or arrangement; (b) the fishing vessel has committed any IUU fishing or related activity in support of such fishing; (c) the fishing vessel is owned or previously owned by an operator or beneficial owner who is known to have another vessel on the IUU vessel list of any regional fisheries management organisation or arrangement; (d) the fishing vessel has been operating, or has previously operated in a manner inconsistent with any obligations or requirements or international conservation and management measures; (e) the charter of the fishing vessel is prohibited under any requirement of the maritime and shipping laws of Fiji; or (j) authorisation of the charter shall contribute to excess fishing capacity in a fishery. (7) ]n considering an application for an authorisation to chalter, the Permanent Secretary must be satisfied that (a) there are no outstanding or pending penalties from another State with respect to the vessel; and (b) where applicable! the vessel has good standing on the register or record of fishing vessels of regional fisheries management organisations to which Fiji is a member! and such good standing has not been suspended or withdrawn. (8) The Permanent Secretary may suspend or cancel an authorisation to charter if (a) such suspension of cancellation is a requirement for compliance by Fiji with its obligations under an agreement to which Fiji is a party! or under an international conservation and management measure; (b) the operator has contravened a term or condition of the authorisation; (c) the operator has contravened these Regulations or any provision of the Decree; or (d) the operator or any crew member on the vessel has committed a serious violation in accordance with the Decree. (9) The Minister may! on the recommendation of the Permanent Secretary, declare by notice in the Gazette in conformity with the Decree and any writtelilaw, the requirements for the charter of foreign fishing vessels, and may amend such requirements from time to time. 91 (10) A person authorised to charter a fishing vessel in accordance with this Part shall comply with the following conditions (a) the charter party in respect of a vessel shall not be altered or amended except with the approval of the Permanent Secretary; (b) except where approved by the Permanent Secretary, there shall be 110 other contractual arrangement between the parties to the chmter; (c) any charter fee remitted to the owner of a foreign fishing vessel shall be subject to applicable withholding tax and such other taxes as may be imposed under any written law; (d) all costs for the operation of the chartered vessel shall be the sole responsibility of the person chartering the vessel; (e) all income from the sale or trade of fish shall be remitted or deposited wholly into the bank account of the person chartering the vessel within the Fiji banking system; (j) pursuant to paragraph (e), all information concerning such proceeds shall be submitted to the Permanent Secretary and shall be true, complete and accurate; (g) all payments and remittances in respect of the chartered vessel shall be made from the bank account of the person chartering the vessel within the Fiji banking system; (h) pursuant to paragraph (g), information concerning payments shall be submitted to the Permanent Secretary and shall be tmc, complete and accurate; (i) the person chartering the vessel shall provide to the Permanent Secretary evidence of bank remittances of charter fees to the owner of the vessel; (j) the amount remitted for the charter of the vessel shall correspond with the amount stipulated in the charter party and there shall be no other anangement with the owner except charter fees; (k) the vessel shall be maintained sea-worthy and manning requirements as determined by the Maritime Safety Authority of Fiji shall be complied with at all times; (/) the vessel shall be subject to port inspection and such management and monitoring fees as may be imposed in accordance with the Decree and these Regulations; (m) obtain and maintain appropriate protection and indemnity cover during the period of validity of the licence and such cover shall include the risks within the meaning of "full insurance coverage" in the Decree; and (11) compliance with the requirements under any written law. 92 (11) Any person who (a) charters a foreign fishing vessel or operates a chartered foreign fishing vessel, and fails to comply with the requirements of a charter party endorsed by the Permanent Secretmy; or (b) otherwise contravenes or fails to comply with any provision of this regulation, commits an offence. Requirements/or charIer of Fiji fishing vessels by Fiji nationals 11.-(1) Notwithstanding the requirements under the maritime and shipping laws of Fiji, no citizen of Fiji shall charter a Fiji fishing vessel for the purposes of fishing or related activities within Fiji fisheries waters or beyond such waters except with the authorisation of the Permanent Secretary and in accordance with the requirements under this regulation. (2) Any owner or operator of a fishing company intending to charter a Fiji fishing vessel shall apply to the Permanent Secretary for an authorisation to charter a Fiji fishing vessel, and every application for an authorisation to charter a Fiji fishing vessel shall be (a) made in the form set out in Schedule 60; and (b) accompanied by the relevant fees set out in Schedule 7, including but not limited to (i) an application fee; and (ii) authorisation to charter annual fee. (3) An authorisation to charter may be granted for the proposed duration of the charter party or such lesser period as determined by the Permanent Secretary. (4) The Permanent Secretary shall not grant an authorisation to charter if (a) the fishing vessel is listed on the IUU vessel list of any regional fisheries management organisation or arrangement; (b) the fishing vessel has committed any lUU fishing or related activity in support of such fishing; (c) the fishing vessel is owned or previously owned by an operator or beneficial owner who is known to have another vessel on the IUU vessel list of any regional fisheries management organisation or arrangement; (d) the fishing vessel has been operating, or has pi'eviously operated in a manner inconsistent with any obligations or requirements or international conservation and management measures; (e) the charter of the fishing vessel is prohibited under any requirement of shipping and maritime laws of Fiji; and . . (j) authorisation of the charter shall contribute to excess fishing capacity in a fishery. 93 (5) In considering an application for an authorisation to charter, the Permanent Secretary must be satisfied that (a) there are no outstanding or pending penalties from another State with respect to the vessel; and (b) where applicable, the vessel has good standing on the Regional Register or Record of Fishing Vessels of regional fisheries management organisations to which Fiji is a member, and such good standing has not been suspended or withdrawn. (6) The owner or operator of a Fiji fishing vessel applying for authorisation to charter shall (a) comply with the conditions set out in regulation 10(10); (b) consent to comply with all reporting and monitoring, control and sUlveillance measures, including all relevant and applicable legal requirements stipulated under the Decree; (c) where the vessel is used for fishing or related activity beyond Fiji fisheries waters, consent to comply with terms and conditions of the authorisation under section 32 of the Decree to fish beyond Fiji fisheries waters; (d) ensure that the fishing vessel installs an approved MTU and operate such unit properly at all times and report automatically to the vessel monitoring system; (e) consent to pay in full necessary fees from time to time, including the payment of fees or charges under the charter party; (jJ ensure that the fishing vessel fully complies will all applicable conservation and management measures; and (g) provide a copy of the proposed charter party to the Permanent Secretary. (7) The Permanent Secretary may suspend or cancel an authorisation to chatter if (a) such suspension of cancellation is a requirement for compliance by Fiji with its obligations under an agreement to which Fiji is a party, or under an international conservation and management measure; (b) the operator has contravened a term or condition of the authorisation; (c) the operator has contravened these Regulations or any provision of the Decree; and (d) the operator Of any crew member on the vessel has committed a serious violation as defined in section 2 of the Decree. (8) Any person who (a) charters a Fiji fishing vessel and fails to comply with the requirements of its charter party; or (b) otherwise contravenes or fails to comply with any provision of this regulation, commits an offence. 94 Requirements/or tlte acquisition, modification or colis/ruction a/fishing vessels 12.-(1) Notwithstanding requirements under any written law, a person shall not acquire, purchase, modify or constmct a fishing vessel except with the written authorisation of the Permanent Secretary. (2) This regulation applies to a fishing vessel primarily intended to engage in fishing in Fiji fisheries waters, except in internal waters and archipelagic waters, and beyond Fiji Ii' fisheries waters. (3) A person intending to acquire, purchase, modify or construct a fishing vessel shall apply for an authorisation to acquire, modify or construct a fishing vessel in the form set out in Schedule 6P and pay the relevant fees in Schedule 7. (4) A authorisation granted under this regulation may be accompanied by such terms and conditions the Permanent Secretary deems appropriate. (5) Any person who (a) acquires, purchases, modifies or constructs a fishing vessel without written authorisation; (b) fails to comply with the terms and conditions of authorisation; or (c) contravenes or fails to comply with this regulation, commits an offence. Export al/d import offish alld fish prodllcts 13.-(1) Fish or fish products shall not be imported or exported except with a permit and such other certification required under this Part. (2) A person intending to import or export fish or fish products shall apply for a permit in the form set out in Schedule 6G for a consignment, or monthly fresh fish export basis, and pay the relevant fees in Schedule 7 in accordance with the following categories (a) commercial; (b) fisheries scientific research; and (c) personal use or consumption, provided that the amount of fish or fish product intended for export does not exceed 10 kilograms per travelling person. (3) In addition to paying the relevant application fees in Schedule 7 for an import or export permit in accordance with sub-regulation (2), a person intending to tranship or expOlt whole fish for commercial or fisheries scientific purposes shall pal' the additional "whole fish levy" prescribed in Schedule 7. (4) A person intending to import or export fish or fish products shall comply with all requirements for a permit, including but not limited to the provision of information on the (a) area where the fish lVas caught and transhipped, where transhipment of all or portion of the catch has occurred; (b) details of the fishing vessel, including the owner or operator of a chartered fishing vessel where applicable, master, crew list, observer, and species composition of fish caught during the fishing trip; 95 (c) details of the vessel involved in related activity; (d) Flag State registration number; (e) Flag State authorisation reference; (/) licence or fishing authorisation number; (g) quota or allocation for the vessel, where applicable; (II) description of the fish or fish product; (i) identification number issued by a regional fisheries management organisation; (j) compliance with applicable measures of a regional fisheries management organisation; (k) compliance with national laws of the licensing State; (I) purchaser of the fish or fish product; and (m) purchase price of the fish or fish product. (5) A permit to import or export fish or fish products may be denied by the Director or officers designated by the Director if the (a) if the Director or officers designated by the Director have reasonable cause to suspect that the fish or fish product are not fit for their intended purpose; (b) fish or fish product to be imported have been caught in contravention of the laws of another State, or an international conservation and management measure; or ( c) documents and information provided do not satisfy the import requirements of an importing country. (6) A person issued a permit to import or export fish or fish products in accordance with sub-regulation (2)(a) or (b) shall comply with the conditions endorsed on the permit, including the following (a) completion of a report on the import or export of fish or fish products in the approved format and submission of such report to the Director within 7 days after the import or export activity; (b) provision of information on the (i) description of the fish or fish product; (ii) purchaser of the fish or fish product; (iii) actual purchase price of the fish or fish product; and (iv) final destination of the exported fish or fish product. (7) The Minister may by notice in the Gazette declare standards applicable to the marketing, distribution, export, import and trade in fish and fish products, and in like manner, declare minimum standards for the merchantable quality of fish and fish products. 96 (8) Any person who la) exports or imports fish or fish products without a permit; Ib) fails to comply with the terms and conditions of a permit; Ie) fails to comply with the declared standards under sub-regulation (7); (d) fails to provide true, complete or accurate information; or Ie) otherwise contravenes or fails to comply with this regulation, commits an offence. Fiji Catch Certificate 14. - (1) An export permit to export fish or fish products for commercial purposes shall not be issued in accordance with regulation 13(2)la) except with a Fiji Catch Certificate issued by the Director or officers designated by the Director. (2) Sub-regulation (I) shall not apply to fish or fish product exported for personal use or consumption that does not exceed 10 kilograms per travelling person. (3) An application for a Fiji Catch Certificate shall be la) made in form set out in Schedule 6H; Ib) accompanied by the relevant fees in Schedule 7; and Ie) accompanied by any other information required by the Director. (4) A certificate shall not be issued, unless the Director or officers designated by the Director are satisfied that the la) fish or fish product have been caught by a Fiji fishing vessel or fishing vessel under a bareboat charter to a Fiji national; I b) fishing vessel is not listed on the IUU vessel list of any regional fisheries management organisation or arrangement; Ie) fishing vessel has not committed any IUU fishing or related activity in support of such fishing; Id) fishing vessel is not owned or previously owned by an operator or beneficial owner who is known to have another vessel on the IUU vessel list of any regional fisheries management organisation or arrangement; and Ie) fishing vessel has not been operating, or has not previously operated in a manner inconsistent with any obligation Of international conservation and management measure. (5) A certificate issued shall la) be signed by the Director or officers designated by the Director; Ib) have the approved official stamp affixed upon it; and 97 (c) include additional information, where required from an overseas regulatory authority of an importing country provided that such information is consistent with the Decree and these Regulations. (6) A certificate required by this regulation shall not be issued (a) unless a prescribed fee has been paid; (b) unless the fish or fish product have been processed in a licensed or approved fish processing facility; (c) if the Director or officers designated by the Director have reasonable cause to suspect that the fish or fish product are not fit for their intended putpose; or (<I) the verified documents and information provided do not satisfy the fish traceability requirements of an importing counhy. (7) A certificate issued under this regulation may be revoked by the Director if (a) there has been a contravention of the terms and conditions of the certificate; or (b) there has been a contravention of the Decree, these Regulations or any other written law. (8) Any person who (a) exports fish or fish products without a certificate of catch; (b) fails to comply with the terms and conditions of certification; (e) fails to provide true, complete or accurate information; or (d) otherwise contravenes Of fails to comply with this regulation, commits an offence. PART 4-LICENCES AND AUTHORISATIONS Licence to fish witliill Fijifisheries waters 15.-(1) A Fiji fishing vessel shall not be used for fishing or related activity within Fiji fisheries waters except with a licence to fish issued by the Permanent Secretary pursuant to section 32 of the Decree. (2) The owner or operator of a Fiji fishing vessel applying for a licence to fish within Fiji fisheries waters may apply to be licensed to fish for the following fish species in the application form set out in Schedule 6A (a) Tuna species; (b) Straddling fish species; Ie) Deep-water Snapper, unless the Fiji fishing is 100 percent owned by Fiji nationals; (<I) Billfish species, unless the Fiji fishing vessel is 100 percent owned by Fiji nationals; 98 (e) Mahimahi, unless the Fiji fishing vessel is 100 percent owned by Fiji nationals; (/) Swordfish, unless the Fiji fishing vessel is 100 percent owned by Fiji nationals; and (g) other species of fish prescribed by the Permanent Secretary. (3) The owner or operator applying for a licence to fish within Fiji fisheries waters shall pay the following application and annual fees set out in Schedule 7 (a) Fiji vessel management and monitoring fee; (b) applicable Fiji vessel access fee; (c) Fiji Vessel Observer levy; and (d) such other fees required by these Regulations. (4) Any person who (a) uses a Fiji fishing vessel for fishing or related activity within Fiji fisheries waters without a licence; (b) fails to comply with the terms and conditions of licence; (c) fails to provide true, complete or accurate information; or (d) otherwise contravenes or fails to comply with this regulation, commits an offence. Licence to fish withill Fiji's exclusive economic zone 16.-(1) Unless otherwise provided in the Decree, a person shall not use a foreign fishing vessel for fishing or related activity within the exclusive economic zone except with a licence to fish issued by the Permanent Secretary pursuant to section 34 of the Decree, (2) The owner or operator of a locally based foreign fishing vessel or foreign fishing vessel may apply for a licence to fish within Fiji's exclusive economic zone for tuna species only in the respective forms set out in Schedule 6B. (3) The owner or operator of a locally based foreign fishing vessel or foreign fishing vessel applying for a licence to fish within Fiji's exclusive economic zone shall pay the relevant the application and annual fees set out in Schedule 7 (a) applicable foreign fishing vessel management and monitoring fee; (b) applicable foreign fishing vessel access fee; (c) Fiji Vessel Observer levy, where the foreign fishing vessel is chartered by a Fiji national in accordance with these Regulations; and (d) such other fees required by these Regulations. (4) Any person who (a) uses a foreign fishing vessel for fishing or related activity within Fiji fisheries waters without a licence; 99 (b) fails to comply with the terms and conditions of licence; (e) fails to provide true, complete or accurate information; or (d) otherwise contravenes or fails to comply with this regulation, commits an offence. Licellce 10 undertake sport (lr reacationa/fishing 17.-( I) A Fiji fishing vessel shall not be used for sport fishing or recreational fishing within the archipelagic waters, territorial sea or exclusive economic zone unless licenced by the Permanent Secretary pursuant to section 32 of the Decree. (2) The owner or operator of a Fiji fishing vessel may apply for a sport or recreational fishing licence in the form set out in Schedule 6C and pay the relevant fees set out in Schedule 7. (3) Any person who (a) uses a Fiji fishing vessel for sport or recreational fishing within the archipelagic waters, territorial sea or exclusive economic zone without a licence; (b) fails to comply with the terms and conditions of licence; (c) fails to provide true, complete or accurate information; or (d) otherwise contravenes or fails to comply with this regulation, commits an offence. Permission to undertake e.\p!oratoryfishillg or testfishillg 1I'ithill Fiji fisheries 1I'aters 18.-(1) A vessel shall not be used for exploratory fishing or test fishing or related activity within the Fiji fisheries waters except with the permission of the Permanent Secretmy pursuant to section 23 of the Decree. (2) A person intending to conduct exploratory fishing or test fishing within Fiji fisheries waters shall apply in the form set out in Schedule 6D and pay the relevant fees set out in Schedule 7. (3) Permission issued by the Permanent Secretary to a vessel in accordance with sub-regulation (1) shall specify the area within Fiji fisheries waters where such fishing is permitted, the species that may be caught, and the gear, equipment or technique that may be used. (4) A vessel authorised to carry out exploratory or test fishing within Fiji fisheries waters shall in addition to complying with regulation 6, comply with the following conditions (a) the use of any trawl net is prohibited except with the written approval of the Permanent Secretary; (b) placement of a fisheries officer on board the vessel at all times and the master, operator and each crew member shall owe such ob1igations identified in section 72 of the Decree towards such officer; and lOa (c) ensure the payment of all allowances and costs for the placement of the fisheries officer including transportation and other costs to and from the vessel. (5) Notwithstanding the requirement for the payment of fees in sub-regulation (2), the Permanent Secretary may exempt a person from such requirements. (6) Any person who (a) uses a vessel for exploratory fishing or test fishing within Fiji fisheries waters without a licence; or (b) fails to comply with the terms and conditions of a licence for exploratory fishing or test fishing; or (e) fails to provide true, complete or accurate information; 01' (d) otherwise contravenes or fails to comply with this regulation, commits an offence. Authorisation to IIl1dertakefisheries scie/l/ijic research 19.-(1) A fishing vessel shall not be used for fisheries scientific research within the Fiji fisheries waters except with an authorisation to fish issued by the Permanent Secretary pursuant to section 41 of the Decree. (2) The operator of a fishing vessel intending to engage in fisheries scientific research shall apply for an authorisation in the form set out in Schedule 6E and shall pay the relevant fees in Schedule 7. (3) Any person who, being the operator (aJ uses a fishing vessel for fisheries scientific research within the Fiji's fisheries waters without an authodsation; or (b) fails to comply with the terms and conditions of authorisation; or (c) fails to provide true, complete or accurate information; or (d) otherwise contravenes or fails to comply with this regulation, commits an offence. Awhorisatioll to fish beyond Fijifisheries wafers 20.-(1) A Fiji fishing vessel shall not be used for fishing or related activity beyond Fiji fisheries waters except with an authorisation to fish issued by the Permanent Secretary pursuant to section 32 of the Decree. (2) The authorisation may be used for fishing (a) in high sea areas beyond Fiji fisheries waters; or (b) in the waters under the jurisdiction of another State, subject to approval and compliance with the terms and conditions of fishing of that State. (3) The operator of a Fiji fishing vessel intending to engage in fishing or related activities in areas specified in sub-regulation (2) shall apply for an authorisation in the form set out in Schedule 6F. 101 (4) The owner or operator of a Fiji fishing vessel applying for authorisation to fish beyond Fiji fisheries waters shall pay the following application and annual fees set out in Schedule 7 (a) Fiji vessel management and monitoring fee; (b) Fiji vessel observer levy; and (c) such other fees required by these Regulations. (5) Any person who (a) being the operator of a Fiji fishing vessel uses such vessel for fishing or related activity beyond Fiji fisheries waters without an authorisation; (b) fails to comply with the terms and conditions of authorisation; or (e) otherwise contravenes or fails to comply with this regulation. commits an offence. Licence and authorisation conditions alld requirements 21.-(1) The master of a vessel licensed or authorised under the Decree shall comply with the following conditions (a) ensure that the original licence or a certified copy, together with any endorsement, shall be kept on board at all times and displayed clearly in the wheelhouse; (b) ensure that the vessel clearly displays, on both sides and the deck, its international radio call sign or the country (Flag State) registration number; (c) the master shall complete in English, daily, catch reports or logsheets and submit them, along with true copies of the landing slips and dock receipts, to the Director, a copy of logsheets not later than 2 days after completion of the trip; (d) unless othenvise authorised by the Permanent Secretary, land all fish taken during the period of validity of the licence or authorisation in Fiji; (e) provide 72 hours' notice of a request to tranship fish or bunker or re provision the vessel, and the vessel may only tranship in an approved port or designated area within Fiji fisheries waters and at a time and under such conditions as specified by the Permanent Secretary; (f) allow any authorised and identified officer to board the vessel in Fiji fisheries waters for the purpose of inspection and examination; and (g) ensure that each member of the crew complies with the terms and conditions of any access agreement and any written law. (2) The operator of a fishing vessel licensed or authorised under this Decree shall comply with the following conditions (a) install, maintain and operate a registered Mobile Transceiver Unit at all times and in accordance with the manufacturer's specifications and operating instmctions and standards approved by the Director; 102 (b) ensure that no person tampers or interferes with the Mobile Transceiver Unit and that the unit is not altered, damaged or disabled; (c) ensure that the Mobile Transceiver Unit is switched on and is operational at all times during the period of validity of the licence or authorisation; (d) upon notification by the Director that the vessel's Mobile Transceiver Unit has failed to report, shall ensure that reports containing the vessel's name, caB sign, position expressed in Latitude and Longitude to minutes of arc, and date and time of the report, arc communicated to the Director at intervals of 8 hours or such shorter period as specified by the Director, commencing from the time of notification of the failure of the unit, and such reports shall continue until such time the unit is confirmed operational by the Director; (e) if it is not possible to make anyone or more of the further position reports as above, or when the Director so directs, the master of the vessel shall immediately stow the fishing gear and take the vessel directly to a port identified, and as soon as possible, report to the Director that the vessel is being, or has been, taken to port with gear stowed; (I) ensure the continuous monitoring of the international distress and calling frequency 2182 khz (HF), and the international safety and calling frequency 156.8 Mhz (channel 16, VHF-FM) to facilitate communication with the fisheries management, surveillance and enforcement authorities of Fiji; (g) ensure that a recent and up to date copy of the International Code of Signals (INTERCO) is on board and accessible at all times; (h) ensure that the crew members do not directly or indirectly contaminate the Fiji fisheries waters in any way (and in the case of a Fiji fishing vessel, Fiji fisheries waters and waters beyond Fiji fisheries waters), including by the discharge of any object or substance or by any act or omission that is likely to cause damage to or deterioration in the quality of the marine resources such as~ (i) non-biodegradable rubbish or debris; (ii) the discharge of a poison, chemical or noxious substance, including but not limited to oil, petroleum, solvents, or metals; and (iii) the introduction of disease to the Fiji fisheries waters. (i) ensure that all objects and substances likely to cause damage to or deterioration in the quality of marine resources is stored on board the vessel and returned to port; (j) that the following records or logs are maintained on board the vessel (i) catch log; (ii) engineer's log; (iii) ship's log; and (iv) freezer log; 103 (k) nominate, appoint and maintain an agent who shaH be resident in Fiji and who shall have authority to receive and respond to any legal process and shall notify the Permanent Secretary of the name and address of such agent; (I) that the master of the vessel is able to communicatc in the English language, and in the event that the master is not able to communicate as such, the operator or his or her agent shall ensure that there is a translator on board the vessel at all times; (m) confirms that any communication, information, document, direction, request or response to or from that agent shall be deemed to have been sent to, or received from the vessel operator; (II) a licensed fishing vessel shall comply with the requircments for the marking of such vessel prescribed in Schedule 5; and (0) where any information submitted to the Director or Pennanent Secretary in an application for a licence, authorisation or permit has changed, the operator shall provide notification of such changes to the Director within one month from the date the change is effected. (3) A fishing vessel licence or authorisation issued in accordance with the Decree may contain such other terms and conditions and (a) shall be issued for a specified type, class or species of fish provided that a vessel licensed or authorised to catch certain species sha11 ensure that such species constitute at lenst 70 percent of the total catch prior to landing or transhipment, whichever occurs earlier; (b) may be issued for a specified area of Fiji fisheries waters; (c) shall specify which types of fishing and related activities are permitted under the licence; (d) may specify a port or ports at which the vessel may tranship, land,l'e-fuel or re-provision; (e) may specify such further conditions in relation to any fishing permitted under the permit, including any applicable conditions in relation to total allowable catch or effOlt, as are necessary or desirable; (j) may specify the number of citizens who are to be employed as crew aboard the vessel during the licence period; (g) shall be endorsed in respect of any support craft carried on board and any aircraft used for any fishing operation; (h) may require the placement of observers in accordance with section 70 of the Decree; 104 (i) may impose conditions relating to the operation of fish aggregating devices, including the requirement to limit the number of such devices allowed under any pennit; (j) shall be seaworthy and contain adequate life safety equipment or survival gear for each passenger and crew member including for the authorised observer; (k) shall be subject to manning requirements determined by the Maritime and Safety Authority of Fiji; and (I) shall be subject to such further terms and conditions imposed by the Permanent Secretary. Additional conditions alld requiremellfsjor Fijijishing \'essels 22.-( I) The master or operator of a vessel authorised to fish beyond Fiji fisheries waters under the Decree shall comply with the conditions applicable to licences or authorisations issued under the Decree and these Regulations. and the following conditions (a) compliance with the maintenance of logs and reporting of catches as described in the vessel reporting requirements in these Regulations; (b) compliance with the Mobile Transceiver Unit reporting requirements; (c) compliance with the obligations relating to authorised officers and observers set out in Part 6 of the Decree and in these Regulations; (d) where the vessel is licensed to fish within the waters under the recognised jurisdiction of another State, compliance with the terms and conditions of licence of that State. In the event of a conflict between the terms and conditions of licence of that State and the terms of authorisation, the operator shall notify the Director; (e) where the vessel is fishing within the waters under the recognised jurisdiction of another State, compliance with the applicable laws of that State; (f) where the vessel is fishing on the high seas (i) compliance with applicable international conservation and management measures; (ii) compliance with vessel reporting requirements including reporting requirements in high seas areas regulated by the Western and Central Pacific Fisheries Commission or other regional fisheries management organisations; and (iii) compliance with the boarding and inspection requirements in high seas areas regulated by the Western and Central Pacific Fisheries Commission or other regional fisheries management organisations. (2) Notwithstanding the requirement for landing of catch in regulation 4( a), an operator ofa fishing vessel may apply in the form set out in Schedule 6M to the Permanent Secretary 105 for an exemption from landing all catch in Fiji provided that such an application may only be made in the event of force majeure Of distress of the vessel or in accordance with the terms of a fisheries treaty Of agreement. (3) Where there is a dispute concerning the circumstances for an exemption, the onus is on the operator of a fishing vessel to prove the existence of such circumstances at the time the application is made. (4) The master and operator of a Fiji fishing vessel that contravene the terms and conditions of an authorisation to fish beyond Fiji fisheries waters each commit an offence. IlJailllenallce alld submission of catch logs ill zones and 011 !tigh seas 23.-(1) The operator of a licensed or authorised fishing vessel shall (a) duly complete in the English language, daily records or reports in the form of all (i) catch; and (ii) by-catch by species, taken in Fiji fisheries waters and the high seas; (b) ensure that records of all catch and all by-catch transhipped or landed are true, complete and accurate, and maintained and provided to the Director; (e) provide to the Director on the approved forms a final report within 2 days of the completion of a trip. (2) If a person who being the operator of a licensed or authorised fishing vessel (a) fails to complete in the English language daily catch reports; (b) fails to provide hue, complete and accurate records; or (c) otherwise contravenes or fails to comply with this regulation; commits an offence. Licence procedures for allY licence or authorisation issI/ed lil/der these RegI/lations 24.-(1) An application for any licence or authorisation licence or authorisation issued under these Regulations shall be (a) lodged with the Permanent Secretary; (b) accompanied by the relevant application fee set out in Schedule 7 or as prescribed, which shall be non-refundable unless othenvise provided in the Decree; and (e) be accompanied by any other documents or information required by the Permanent Secretary. (2) Where (a) the Permanent Secretary considers that an application has been made for an inappropriate class of permit, licence or authorisation; or 106 (b) there is insufficient evidence or information accompanying the application upon which to make a recommendation regarding the appJication, the Permanent Secretary shall return the application to the applicant with details of his or her reasons, and the applicant may submit a revised application with such additional evidence or information as may be appropriate. (3) For the purposes of this regulation, an application for renewal of licence or authorisation shall be treated in the same manner as a new application. Requirements for the transfer of a licence or authorisation 25.-(1) A licence or authorisation issued to a vessel shall not be transferred to another vessel except in accordance with section 35(3) of the Decree and the requirements in this regulation. (2) The Permanent Secretary may approve the transfer of a licence or authorisation where (a) such transfer is from one Fiji fishing vessel to another Fiji fishing vessel owned by the same company in the Record of Offshore Fishing Companies undcr regulation 28; and (b) the licensed or authorised Fiji fishing vessel requires maintenance and repairs; or (c J other reasons prescribed in connection with the limitation of effort in any fishery, provided that a licence or authorisation of a Fiji fishing vessel can be transferred no more than two times within a year. (3) The operator of a Fiji fishing vessel intending to apply for a transfer of a licence or authorisation shall apply to the Permanent Secretary in the approved form and pay the relevant fees set out in Schedule 7 with such fees being non-refundable. (4) An application for the transfer of a licence or authorisation shaH inc1ude (aJ documentary evidence of the maintenance and repairs required to be undertaken on the licensed Fiji fishing vessel; (b) such documents specified in the application form; and (c) other information as may be required by the Permanent Secretary. (5) \Vhere there is insufficient evidence or information accompanying the application upon which to make a decision regarding the application, the Permanent Secretary shall return the application to the applicant with detai1s of his or her reasons, and the applicant may submit a revised application with such additional evidence or information as may be appropriate. (6) The operator of a Fiji fishing vessel and the person to whom a licence or authorisation has been transferred shall comply with all the conditions of the transfer of the licence or authorisation. 107 (7) Any person who raJ fails to comply with a condition of a transfer of licence or authorisation; (b) fails to provide hue, complete and accurate information; or (c) otherwise contravenes odails to comply with this regulation, commits an offence. Fishing inspectiolls 26.-(1) The owner or operator of a fishing vessel shall not be issued with a fishing licence or authorisation unless compulsory pre-fishing inspections are carried out for the purposes of verifying (a) the specifications, gear and equipment of the vessel; (b) the Flag State registration cerlificate and Flag of the vessel; (c) the Flag State survey certificate or a survey certificate issued by an authorised classification society; (d) the authorisation to fish granted by the Flag State in respect of a foreign fishing vessel; (e) the logs and other documents of the vessel; (j) the markings of the vessel; (g) the crew list and nationality of persons on board; and (h) that the vessel complies with accepted international pre-fishing practices as described in Schedule 8. (2) A fishing vessel issued with a fishing licence or authorisation shall be the subject of post-fishing inspection upon the completion of each fishing trip for the purposes of verifying the (a) catch on board the vessel; (b) logs and other documents of the vessel; (c) markings of the vessel; (d) gear and equipment on board the vessel; (e) crew list and nationality of persons on board; and (j) vessel's compliance with the Decree and international conservation and management measures. Licence, authorisatioll and permitjees 27.-(1) Unless otherwise provided in these Regulations, the licence, authorisation or permit application fees set out in Schedule 7 shall be paid upon both the (a) application for each licence or authorisation or permit; and (b) issuance of each licence or authorisation or permit under the Decree or these Regulations. 108 (2) The fees payable under sub-regulation (1) may include a fee for any support craft or aircraft provided for in the licence or authorisation. (3) Where the period of a licence Of authorisation is greater than one year, an annual fee for that licence or authorisation shall be payable in advance on or by a date specified in the licence or authorisation or notified by the Director, or where no such date is specified or notified, annually from the date of issue of the licence or authorisation. (4) No application fee or annual fee shall be refunded unless otherwise provided in the Decree. (5) Where the period of licence or authorisation requested by the applicant is for a period of less than one year, the fee for that licence or authorisation shall be the fee for an annual licence or authorisation. Record of Offshore Fishing Compal/ies 28.-(1) The Director shall maintain a Record of Offshore Fishing Companies and ensure that such Record includes the following information (a) company stlUcture including parent and subsidiary companies associated with the fishing company; (b) details of vessels owned or chartered by the company; (e) export or import activity; (d) export markets; and (e) number of employees. (2) The owner or operator of a fishing company engaged in fishing or related activities subject to the Decree shall apply in the form set out in Schedule 6Q for inclusion of such company in the Record of Offshore Fishing Companies maintained by the Director, and such application shall be made annually. (3) Any owner or operator of a fishing company who fails to (a) comply with the requirement for inclusion in the Record of Offshore Fishing Companies; (b) comply with the terms and conditions of inclusion in the Record of Offshore Fishing Companies; or (e) provide hue, complete and accurate information, commits an offence. Record of Fish Processing ESlablishmelllS 29.-(1) The Director shall maintain a Record ofFish Processing Establishments and ensure that such Record includes the following information (a) company structure including parent and subsidiary companies associated with the fish processing establishment; (b) processing capacity; and (e) number of employees. J09 (2) The owner of a fish processing establishment shall apply to the Director for inclusion on the Record of Fish Processing Establishments in the form set out in Schedule 6R. (3) Any owner of a fish processing establishment who (a) fails to comply with the requirement for inclusion on the Record of Fish Processing Establishments; (b) fails to comply with the terms and conditions of inclusion on the Record of Fish Processing Establishments; or (e) fails to provide hue, complete and accurate information, commits an offence. Record of Fish Exporters and Importers 30.-(1) The Director shall maintain a Record of Fish Exporters and Importers and ensure that such Record includes the following information (a) company structure including parent and subsidiary companies associated with the fish exporter or importer; (b) fish and fish products exported or imported; (c) location of registered office, processing and storage facilities; (d) types of certification held in relation to the processing and storage facilities; (e) details of export markets and consignee; and if) details of import markets and consignors. (2) Each fish or fish product exporter or importer subject to the Decree shall apply for inclusion on the Record of Fish Exporters and Importers with the Director and such application shall be made annually. (3) Each fish or fish product expOlter or importer shall apply to the Director for inclusion on the Record of Fish Exporters and Importers in the form set out in Schedule 6S and pay such fees set out in Schedule 7. (4) A fish or fish product exporter or importer who (a) fails to comply with the requirement for inclusion on the Record of Fish Exporters and Importers; (b) fails to comply with the terms and conditions of inclusion on the Record of Fish Exporters and Importers; or (c) fails to provide true, complete and accurate information, commits an offence. 110 PART 5-MONITORING, CONTROL AND SURVEILLANCE Requirement/or Mobile Trallsceiver Ullit 31.-(1) A fishing licence or authorisation shall not be issued pursuant to the Decree unless the master, owner, operator or person chartering the fishing vessel, as the case may be, has installed on the vessel, a Mobile Transceiver Unit in accordance with specifications and procedures approved by the Director. (2) A Mobile Transceiver Unit installed pursuant to sub-regulation (I) shall be switched on and is operating properly at all times during the period of validity of the licence or authorisation. (3) A fishing licence or authorisation shall not be issued pursuant to the Decree unless the master, owner, operator, or person chartering the fishing vessel, as the case may be, consents to the monitoring of such Mobile Transceiver Unit at all times within and beyond Fiji fisheries waters during the period of validity of such licence or authorisation. (4) Any person who contravenes this regulation commits an offence. Operation and Monitoring of Mobile Transceiver Unit 32.-(1) The owner or operator of a fishing vessel licensed or authorised pursuant to the Decree shall (a) maintain the Mobile Transceiver Unit in good working order at all times during the period of validity of the licence or authorisation when the vessel is in Fiji fisheries waters, on the high seas or in \vaters under the jurisdiction of another State; (b) not interfere with, tamper with, alter, damage, or disable the Mobile Transceiver Unit; (c) not move or remove the Mobile Transceiver Unit from the original position in which such unit was installed without the prior permission of the Director; (d) ensure that upon notification by the Director or officers designated by the Director that the vessel's Mobile Transceiver Unit has failed to transmit, comply with the directives of the Director or officers designated by the Director until such time the vessel's Mobile Transceiver Unit is functioning properly; (e) authorise the Director to be able to monitor the vessel at all times during the period of validity of the licence or authorisation; and (j) allow for the auditing and inspection of the Mobile Transceiver Unit by authorised officers or officers designated by the Director. (2) The Permanent Secretary may suspend or cancel the licence or authorisation of any Fiji fishing vessel or foreign fishing vessel that fails to comply with this regulation. (3) Any person who contravenes sub-regulation (I) commits an offence. III COl/fidentiality alld authorised release ojVMS in/ormation 33.-(1) The ownership of all vessel monitoring system information generated in Fiji fisheries waters or by Fiji fishing vessels within or beyond Fiji fisheries waters vests in the State. (2) Vessel monitoring system information shall be classified as confidential information. (3) The Minister may authorise the release of vessel monitoring system information only in the following circumstances (a) cooperation in monitoring, control and surveillance with other agencies of government including border control agencies; (b) discharge of international and regional obligations assumed by Fiji; (c) under agreements for the exchange of vessel monitoring system information for the pnrposes including but not limited to scientific purposes and to deter and eliminate illegal, unreported and unregulated fishing; (d) maintenance of law and order; or (e) safety of life. Transhipment 34.-(1) The operator of a fishing vessel shall not tranship at sea under any circumstances except in a port authorised by the Director to an authorised carrier vessel which is in good standing on the Regional Register. (2) The operator of a fishing vessel intending to conduct transhipment shall in accordance with sub-regulation (1) (a) provide 72 hours' notice to the Director of a request to tranship any or all of the fish on board; and (b) provide such information required in the form set out in Schedule 61 including the name of the vessel, its international radio call sign, its position, the catch on board by species, the time and port where such transhipment is requested to occur, and an undertaking to pay all fees required. (3) A fishing vessel authorised to conduct transhipment in accordance with this regulation shall (a) only tranship at the time, port, and approved designated areas within Fiji fisheries waters authorised for transhipment by the Director; (b) submit full reports on transhipment in the form approved by the Director; (c) allow and assist any person identified as an observer to have full access to and use of facilities and equipment which the officer may determine is necessary to carry out his or her duties; (d) not assault, obstruct, resist, delay, refuse boarding to, intimidate or interfere with any such officer in the performance of his or her duties; and 112 (e) pay the relevant fees set out in Schedule 7 based on tonnage of fish transhipped to the receiving vessel upon completion of transhipment operations in a designated port or specified area within Fiji fisheries waters. (4) The operator of a vessel shall comply with any condition imposed by the Director in the authorisation for transhipment. (5) Transhipment in a designated area within Fiji fisheries waters shall only be authorised for Fiji fishing vessels transhipping fresh fish. (6) An operator of a vessel who contravenes this regulation commits an offence. BUllkering 35.-(1) The operator of a fishing vessel shall not conduct bunkering under any circumstances except where authorised by the Director and with an authorised bunker vessel which is in good standing on the Regional Register. (2) The operator of a fishing vessel intending to conduct bunkering shall provide (a) 72 hours' notice to the Director of a request to bunker ;and (b) such information required in the form set out in Schedule 6J including the name of the vessel, its international radio call sign, its position, the time and port where such bunkering is requested to occur, and an undertaking to pay all fees required. (3) An operator of a fishing vessel authorised to conduct bunkering shall (a) only conduct bunkering at the time, place, and approved designated areas authorised for bunkering by the Director; (b) submit full reports on bunkering on the form approved by the Director; (e) allow and assist any person identified as an authorised officer to have full access to and use of facilities and equipment which the officer may determine is necessary to carry out his or her duties; (d) not assault, obstruct, resist, delay, refuse boarding to, intimidate or intedere with any such officer in the performance of his or her duties; (e) pay the relevant fees set out in Schedule 7 prior to the commencement of bunkering in a designated place in Fiji fisheries waters; and If) comply with all laws of Fiji including laws for the protection and preservation of the marine environment, and labour laws. (2) The operator of a vessel shall comply with any condition imposed by the Director in the authorisation for bunkering. (3) An operator of a vessel who contravenes this regulation commits an offence. Provisioning 36.-(1) The operator of a fishing vessel shall (a) not conduct provisioning under any circumstances except where authorised by the Director and with an authorised fishing vessel; \ \ I I I I i ! I I I i 113 (b) provide 72 hours' notice to the Director of a request to provision in the form set out in Schedule 6K, and an undertaking to pay the relevant fees required by these Regulations; (c) only conduct provisioning at the time and place, approved by the Director; and (d) snbmit a full report on provisioning on the form approved by the Director. (2) The operator of a vessel intending to conduct provisioning shall pay the relevant applicable fees in Schedule 7 prior to the provisioning. (3) The operator of a vessel shaH comply with any condition imposed by the Director in the authorisation for provisioning. (4) An operator of a vessel that contravenes this regulation commits an offence. (5) For the purposes of this regulation, "provisioning" includes the movement on to and off the fishing vessel of crew, engine parts, rations, bait, fishing gear and other goods. Authorised officers 37.-(1) The operator, master and each crew member of any fishing vessel, the driver of any vehicle upon which fish or fish products from a fishing vessel are being transported and the pilot and crew of any aircraft of a fishing vessel shaH comply with the duties towards an authorised officer appointed under sections 45 and 46 of the Decree and shaH (a) not access or attempt to access the equipment. journal or documents of an authorised officer on board the vessel; (b) not damage, destroy or attempt to damage or destroy the equipment, journal or documents of an authorised officer; and (cJ comply with instructions of an authorised officer including whilst a vessel is in port. (2) Where the operator is unable to communicate in the English language, the operator or master shall ensure that there is a translator on board the vessel at all times. (3) Any person who contravenes this regulation commits an offence. Observers 38.-(1) Where an observer is in waters under the jurisdiction of another State, that observer must be duly recognised or authorised to exercise observer functions in those waters prior to exercising the functions of an observer under section 69 of the Decree. (2) An observer exercising functions in waters under the jurisdiction of another State shall comply with the laws of that State and applicable standards for the conduct of observers under an agreement to which Fiji is a party. (3) The operator, master, and each crew member of any fishing vessel, the driver of any vehicle and the pilot and crew of any aircraft shall comply with the obligations towards an observer prescribed in sections 70 and 72 of the Decree and shall not (a) access or attempt to access the equipment, journal or documents of an observer on board the vessel; or 114 (b) damage, destroy or attempt to damage or destroy the equipment, journal or documents of an observer. (4) An observer exercising fUllctions within Fiji fisheries waters or beyond such waters shall comply with his or her obligations set out in Schedule 10. (5) Any person (a) who contravenes sub-regulation (3); and (b) who while acting as an observer contravenes suo-regulation (2), commits an offence. Vessel reporti1lg requirements 39.-(1) The operator ofa Fiji fishing vessel, locally based foreign fishing vessel and foreign fishing vessel shall comply with the reporting requirements in the Decree and these Regulations and any other specific requirements imposed by the Permanent Secretary. (2) The operator of a Fiji fishing vessel licensed or authorised pursuant to the Decree shall provide to the Director information relating to the position of, catch and observer on board, the vessel, in the form set out in Schedule 3A and in the manner as follows (a) each Wednesday; (b) at least 48 hours prior to entry into and departure from the Fiji fisheries waters; (e) at least 24 hours prior to entry into and departure from the waters under the jurisdiction of another State; (tI) at least 24 hours prior to entry into and departure from the port of another State; (e) at least 24 hours prior to the estimated time of entry into any port in Fiji; and If) at least 24 hours prior to the estimated time of entry into and departure from high seas areas identified as special management areas by a regional fisheries management organisation to which Fiji is a member. (3) The operator of a locally based foreign fishing vessel and foreign fishing vessel licensed or authorised pursuant to the Decree shall provide to the Director information relating to the position of, catch and observer on board, the vessel, in the format set out in Schedule 3 and in the manner as follows (a) each Wednesday whilst within Fiji fisheries waters; (b) at least 48 hours prior to entry into and departure from the Fiji fisheries waters; and (e) at least 24 hours prior to the estimated time of entry into any port in Fiji. (4) The operator of a Fiji fishing vessel, locally based foreign fishing vessel and foreign fishing vessel shall also provide, after each fishing trip, landing and out-turn documentation, and landing and dock receipts to the Director. I15 (5) Catch logs for a fishing trip are to be submitted to the Director within 2 days of the completion of that trip. (6) The operator of any foreign fishing vessel, navigating Fiji fisheries waters shan report its name,International Radio Call Sign. ftag registration ,date and time (GMT),position (to 1 minute of arc), compliment, intended activity, and catch on board, to the Director through approved electronic means or manual reports, in the format set out in Schedule 3B and in the manner as fo11ows (a) at least 100 nautical miles prior to ently into Fiji fisheries waters; (b) upon entry into Fiji fisheries waters; (c) every two (2) hours whilst within Fiji fisheries waters; (d) upon departure from Fiji fisheries waters; and (e) at such other times determined by the Permanent Secretary by notice in the Gazette. (7) The operator of any fishing vessel entering or departing a port in Fiji shall provide sllch information required in the format set out in Schedule 3A and in the notification form in Schedule 4 at least 72 hours prior to such entry or departure. (8) Any person who contravenes this regulation commits an offence. High seas boardillg alld impeCfioll 40.-(1) An authorised officer appointed in accordance with section 45 of the Decree may conduct boarding and inspection on any vessel on the high seas provided that such boarding and inspection are conducted in accordance with any international, regional and sub-regional organisations or arrangements to which Fiji is a member. (2) A Fiji fishing vessel authorised to fish beyond Fiji fisheries waters shall comply with the requirements for high seas boarding and inspection established by any international, regional and sub-regional organisations or arrangements to which Fiji is a member including accepting such boarding and inspection subject to sea safety conditions and the safety of the vessel and crew. Inspectors alld inspection vessels 41.-( I) The Director shall maintain a record of all authorised officers that are permitted to engage in boarding and inspection on the high seas beyond Fiji fisheries waters and provide standards for the training and conduct of sllch officers. (2) The Director may transmit the details of the inspection authority of Fiji to an authority under an access agreement or fisheries management agreement to which Fiji is a party. (3) The Director may transmit the name of any Fiji inspection vessel and the inspection authority that is permitted to engage in boarding and inspection outside the fisheries waters to an authority under an access agreement or fisheries management agreement to which Fiji is a party. 116 Elllr), alld use o/designated pOri 42.-(1) A fishing vessel shall not enter or use a port in Fiji for landing, transhipping, packaging. or processing of fish or for other port services including. inter alia, refuelling and resupplying, maintenance and dry docking, unless (a) the port has been designated by the Minister on the recommendation of the Permanent Secretary for use by fishing vessels; (b) the operator has given at least 48 hours advance request of the operator's intention to entcr or use the port in the form set out in Schedule 6N. and an undertaking to pay, unless otherwise provided in these Regulations, all such entry and use of port fees set out in Schedule 7; (c) the operator provides true, accurate and complete information as required; (d) a written authorisation for entry into and use of the port has been issued by the Director; (e) where the Director has authorised entry of the vessel into the port and the use of the port, the master of the vessel or the vessel's representative presents the authorisation for entry into the port to an authorised officer or other competent officer upon the vessel's arrival at port; (f) the operator only uses the port approved by the Director; and (g) the operator does not engage in any unauthorised activity whilst within the port approved by the Director. (2) The Permanent Secretary may deny a fishing vessel the use of a port in Fiji in accordance with section 76 of the Decree. (3) An authorisation for the use of a port granted by the Director under this regulation may be revoked by the Permanent Secretary in the exercise of his or her discretion under section 76 of the Decree. Inspection offoreignfishillg vessels in port 43.-(1) In carrying out inspections of foreign fishing vessels in a designated port area, authorised officers shall follow such procedures as may be prescribed or required by the Director to the extent possible, and (a) present to the master of the vessel an identification document prior to an inspection; (b) if appropriate arrangements are agreed between the Government of Fiji and the Flag State of the vessel, invite that State to participate in the inspection; (c) not interfere with the master's abi1ity, in conformity with international law, to conununicate with the authorities of the Flag State; and (d) make all reasonable efforts to (i) avoid unduly delaying the vessel to minimise interference and inconvenience, including any unnecessary presence of authorised officers on board, and to avoid action that would adversely affect the quality of the fish on board; 117 Oi) facilitate communication with the master or senior crew members of the vessel; and (iii) ensure that inspections are conducted in a fair, transparent and non discriminatory manner and would not constitute harassment of any vessel. (2) A report of the inspection in the form set out in Schedule 9A shall be promptly provided to the Director in sllch form as may be prescribed or the Director may require. (3) The master or owner of the vessel subject to inspection pursuant to this regulation shall give authorised officers all necessary assistance and information, and present relevant material and documents as required, or certified copies thereof. (4) The master and owner of a vessel that contravene sub-regulation (3) each commit an offence and on conviction are each Hable to a fine not less than $5,000 and not exceeding $10,000. (5) These Regulations do not prejudice (a) the sovereignty of Fiji in the monitoring, control, enforcement and inspection of foreign fishing vessels in the internal \vaters, archipelagic waters or territorial sea; or (b) the exercise of sovereign rights in the monitoring. control, and inspection of foreign fishing vessels in the exclusive economic zone; or ( c) the exercise of other rights and duties in accordance with international law. Inspectio1l of Fiji fishillg vessel ill pori 44.-(1) In carrying out inspections of Fiji fishing vessels in a port, authorised officers shall follow such procedures as may be prescribed or required by the Director to the extent possible, and (a) present to the master of the vessel an identification document prior to an inspection; (b) make all reasonable efforts to (i) avoid unduly delay of the vessel to mllllllllSe interference and inconvenience, including any unnecessary presence of authorised officers on board, and to avoid action that would adversely affect the quality of the fish on board; (ii) facilitate communication with the maste}' or senior crew members of the vessel~ and (iii) ensure that inspections are conducted in a fail', transparent and non discriminatory manner and would not constitute. harassment of any vessel. (2) A report of the inspection in the form set out in Schedule 9B shall be promptly provided to the Director. 118 (3) The master or mvner of the vessel subject to inspection pursuant to this regulation shall give authorised officers all necessary assistance and information, and present relevant material and documents as required or certified copies thereof. (4) The master and owner of a vessel that contravene sub~regtllation (3) each commit an offence and on conviction are each liable to a fine not less than $5,000 and not exceeding $10,000. Record offishing vessels /Ising ports ill Fiji 45.-(1) The Permanent Secretary shall maintain a Record of Fishing Vessels Using Ports in Fiji. (2) The Record maintained under sub·regulation (I) shall include the following information (a) name of fishing vessel, registration number, previous names, if known, and port of registry; (b) name and address of owner or owners; (e) name and nationality of master; (d) previous flag, if any; (e) International Radio Call Sign; (1) vessel communication types and numbers (INMARSAT A, B, C and D numbers and satellite telephone number); (g) colour photograph of vessel; (h) location and date of vessel manufacture; (i) type of vessel; (j) normal crew complement; (k) type of fishing method or methods; (I) length overall and length between the perpendiculars; (Ill) moulded depth; (n) beam; (0) gross register tonnage; (p) power of main engine or engines; (q) the nature of the authorisation to fish granted by Fiji or any other State; (1') carrying capacity, including freezer type, capacity and number and fish hold capacity; (s) the fishing and related activities of the vessel; (I) record of compliance with any obligations arising out of measures adopted by relevant regional or sub-regional fisheries management organisations; 119 (II) frequency and duration of the use of port and the services used; (v) record of port inspections in Fiji or elsewhere; and (w) any further information necessary in order to fulfil any obligations arising out of measures adopted by relevant regional or sub-regional fisheries management organisations. li'sse!s usil/g porI in Fiji 10 be 011 Record 46.-(1) Notwithstanding requirements under any written law including customs laws of Fiji, a fishing vessel intending to use a port in Fiji at least three times a year shall appl y for inclusion on the Record of Fishing Vessels Using Ports in Fiji in the form set out in Schedule 6T and pay the relevant fees specified in Schedule 7. (2) The master and operator of a fishing vessel shall provide to the Director all information required for placement on the Record and information provided shall be true, complete and accurate. (3) The placement of a vessel on the Record shall be valid for a period of 12 months. (4) A foreign fishing vessel included on the Record of Fishing Vessels Using Ports in Fiji is deemed to be a locally based foreign fishing vessel. (5) The owner, master and operator of a vessel that contravene this regulation each commit an offence. Compliallce with use oj porI terms alld conditions 47.-(1) The master and operator of a fishing vessel on the Record of Fishing Vessels Using Ports in Fiji shall comply with all terms and conditions of registration. (2) The master and operator of a fishing vessel included in the Record of Fishing Vessels Using Ports in Fiji shall (a) obtain good standing on the FFA Vessel Register if authorised to fish within the waters under the national jurisdiction of an FFA member; (b) be listed on the record of fishing vessels maintained by the Western and Central Pacific Fisheries Commission or other regional fisheries management organisation; (c) comply with vessel repOlting requirements in these Regulations; (d) as a condition of its registration, install, maintain, operate, and consent to the monitoring during the registration period, of an approved Mobile Transceiver Unit at al1 times whilst in the Fiji fisheries waters and beyond the Fiji fisheries waters or such other area as may be agreed or designated; (e) ensure that the MTU is switched on and is operational at aU times when the vessel is within the Fiji fisheries waters and beyond the Fiji fisheries waters during the period of validity of the registration; (j) not be included in a list of vessels engaged in illegal, unreported or unregulated fishing maintained by a regional fisheries management organisation; 120 (g) comply with all Mobile Transceiver Unit reporting requirements contained in the Decree and these Regulations; and (11) comply with such other conditions as may be determined by the Director by notice in the Gazette. (3) The master and operator of a vessel that contravene this regulation each commit an offence. Suspension or cancel/tllion aiinelusion 011 the record 48.-(1) The Director may suspend or cancel inclusion on the Record of Fishing Vessels Using Ports in Fiji if there is failure to comply with the conditions of inclusion on the Record or the requirements of the Decree or these Regulations. (2) A licence or authorisation may be suspended or cancelled if the Director is satisfied that (a) it is necessary to do so in order to give effect to any conservation measure specified in, or implemented in accordance with a Fisheries Management Plan; (b) a vessel in respect of which the licence or authorisation has been issued has been used in contravention of the Decree or of any condition of the licence or in breach of any applicable agreement; (e) payment has not been made and is overdue for any fees required by the Decree, or for any penalty, fine or other determination imposed pursuant to this Decree; or (d) the vessel has been used in a manner that undermines the conservation and management measure of a regional fisheries management organisation or arrangement. (3) Where inclusion on the Record of Fishing Vessels Using Ports in Fiji has been suspended or cancelled under this regulation, notification of the suspension or cancellation in writing shall be given within a reasonable time to the person to whom the registration was issued. (4) A fishing vessel that has been suspended or cancelled from the Record of Fishing Vessels Using Ports in Fiji shall not be permitted to use any port in Fiji. Reqlliremelltsjor landing o/cateh 49.-(1) Unless otherwise required by these Regulations, no fishing vessel shall land its catch in Fiji except with a permit issued by the Director. (2) The master or operator of a fishing vessel intending to land its catch in Fiji shall apply to the Director for authorisation in the form set out in Schedule 6L and pay the application fee set out in Schedule 7. (3) The master or operator of a fishing vessel issued a permit for landing of catch shall comply with the terms and conditions of landing. (4) Within 3 days upon the completion of landing, the master or operator of a fishing vessel shall be required provide a report on all catch landed in Fiji to the Director in the approved form. 121 (5) A master or operator that does not comply with the requirement for landing or the terms and conditions of a permit for landing commits an offence. Bond al/d other forms of compellsation 50.-(1) ThePennanent Secretary may determine the amount for a bond or other form of compensation in respect of an authorisation for exploratory or test fishing in Fiji fisheries waters or such other licence Of authorisation that may have detrimental effect to the fishery or marine environment and shall take into account the following (a) the potential of harm to the fishery or marine environment; Ib) the cost of remedying any harm caused by such fishing; (e) the social, cultural or economic impact on Fiji; and Id) any other matter of significance. (2) The Permanent Secretary, pursuant to section 42 of the Decree, may by notice in the Gazette determine the formula for a bond or other form of compensation in respect of a licence or authorisation granted, or a category of licence or authorisation. Security jar release of foreign fishing I'essei 51.-(1) Where any foreign fishing vessel is detained under section 52 of the Decree, and proceedings are instituted against the master or licensee or person chartering the vessel in respect of the offence for which the vessel has been detained, the master or licensee of the vessel or any .other person having an interest in the vessel may at any time prior to the determination of the proceedings apply to the court by which proceedings will be determined for the release of the vessel on the provisions of a bond or other financial security in accordance with this regulation. (2) On hearing the application, the court may order the release of the foreign fishing vessel on the execution by any person or persons by the court for the purpose, of a bond in favour of the State in the approved form and in accordance with sub-regulation (4), in an amount not less than the la) aggregate of the value of the vessel including its gear, equipment and appurtenances; I b) value of the catch on board the vessel; (e) cost of all monitoring, control, surveillance and enforcement activity in respect of the detention of the vessel including the fuel and operational costs of maritime surveillance assets; and I d) maximum fine which the defendant is liable for if he or she is convicted of an offence. (3) Notwithstanding sub-regulation (2), the court may, where it is satisfied that there are special circumstances to justify it in doing so and taking into account the seriousness of the offence, order that the bond be in a specified amount that is less than the amount required by that sub-regulation. 122 (4) The condition of the bond shall be that if the defendant (a) is found not guilty of the offence; or (b) on being convicted of the offence, pays in lull within fOUlteen days after he or she is convicted the amount of the fine imposed by the CDUlt and the foreign fishing vessel is within that time surrendered to the State for forfeiture if so ordered by the com1, then the bond shall be of no effect, but that otherwise the bond shall remain in full force and effect. (5) The amount specified in the bond shall be recoverable in full as a debt due to the State jointly and severally by the person or persons by whom the bond is given unless the person or persons prove the due performance of the condition on which the bond is defeasible. PART 6-0FFENCES FOR OFFSHORE FISHERIES FIXED PENALTY NOTICES Identification of offel/ces to which a Fixed Penall), Notice applies 52.-(1) An Offshore Fisheries Fixed Penalty Notice may be issued to a person who commits an offence stipulated in Schedule 11. (2) Notwithstanding the penalty prescribed for an offence in the Decree or these Regulations, the fixed penalty for an offence to which an Offshore Fisheries Fixed Penalty Notice applies is stipulated in Schedule II. (3) Where an offence has been committed by (a) a natural person, the fixed penalty shall be the amount stipulated in Schedule II; and (b) a corporation or other entity • the fixed penalty shall be the amount stipulated in Schedule 11 which is twice the amount for an offence committed by a natural persoll. PART 7 - MISCELLANEOUS Marking of gear 53.-(1) Fishing gear shall be clearly and permanently marked so as to identify (a) its ownership; (b) the vessel in conjunction with which it is used; (c) its International Radio Call Sign; or (d) such other details required by the Permanent Secretary, or any combination of these, in accordance with the terms and conditions of a licence or authorisation. (2) The licence holder, owner or operator in respect of a fish aggregating device used in Fiji fisheries waters shall ensure that it is clearly and permanently marked (aJ where the device is used in conjunction with a licensed vessel, with the licence number of the vessel; or 123 (b) in any other case, sufficiently to identify the owner or any person placing and using the device, except that the requirements for marking in this regulation shall not apply to any person engaged in artisanal or subsistence fishing. (3) A fish aggregating device or associated equipment deployed independently of a vessel shall be placed so that it is well clear of navigational routes. (4) Any person who commits an offence against this regulation is liable to (a) in the case of a natural person - a fine not exceeding $10,000; and (b) in the case of a corporation - a fine not exceeding $20,000. (5) For the purposes of this regulation, "fishing gear" includes a radio beacon, fioat, buoy, line shooter, main line hauler, branch line hauler, branch line basket, and fish aggregating device. Markillg oj support craft 54.-(1) A support craft used in conjunction with a licensed or authorised vessel shall be clearly and permanently marked in a manner approved by the Permanent Secretary. (2) The operator shall clearly and permanently mark the name of the licensed or authorised vessel and international radio call sign of the vessel on the supp0l1 craft painted in white on a black background or in black on a white background in the following manner (a) on the body of any helicopter and on the hull of any skiff or other craft, with each letter and number being at least 30 centimetres high, and having a stroke width of 5 centimetres wide with the background extending to provide a border around the mark of not less than 5 centimetres; and (b) on any other equipment being carried by and intended to be separated from the vessel during normal fishing operations, with each letter and number being at least 10 centimetres high and having a stroke width of 1.7 centimetres, with the background extending to provide a border around the mark of not less than 1.7 centimetres. (3) Any person who commits an offence against this regulation is liable to (a) in the case of a natural person - a fine not exceeding $20,000; and (b) in the case of a corporation - a fine not exceeding $50,000. (4) For the purposes of this regulation, "support craft" includes any vessel, vehicle or aircraft used in conjunction with the licensed or authorised vessel for fishing or related activities. Interference, relrieml or possession offishing gear alld support craft 55.-(1) A person shall not interfere with, obstlUct, retrieve or possess fishing gear or support craft owned or operated by another person. (2) Any person who commits an offence against this regulation is liable to (a) in the case of a natural person- a fine not exceeding $30,000; and (b) in the case of a corporation - a fine not exceeding $60,000. 124 General offences alld penaity 56.-(1) Any person who commits an offence against these Regulations for which no other penalty is provided is liable to (a) in the case of a natural person - a fine not exceeding $50,000; and (b) in the case of a corporation - a fine not exceeding $100,000. (2) Where the offence is a continuing one, a person is liable to an additional fine not exceeding $1 ,000 for every day that the offence has continued or continues. Amendments to Schedules alld Standards 57. The Minister may, on the recommendation of the Permanent Secretary and in conformity with the Decree, by notice in the Gazette amend any Schedule or Standard made under these Regulations. Made this 23rd day of May 2014. INIA B. SERUIRATU Minister for Fisheries and Forests LIST OF SCHEDULES Schedule Description I Prohibited and Restricted Areas 2A Seasonal and Species Restrictions 2B Endangered and Protected Species 2C Prohibited Fishing Gear and Methods 3A Vessel Reporting Requirements 3B Transit Reports-foreign fishing vessels 4 Vessel Notification 5 Summary of the FAO Standard Specifications for the Marking and Identification of Fishing Vessels 6A Licence to fish within Fiji's fisheries waters application 6B Licence to fish within Fiji's economic exclusive zone application 6C Sport or recreational fishing licence application 6D Exploratory fishing or test fishing application 6E Scientific research application 6F Authorisation to fish beyond Fiji's fisheries waters 60 Export and import application 6H Fiji Catch Certificate 61 Transhipment 6J Bnnkering 6K Provisioning 6L Landing of Catch Application 6M Exemption of Landing of Catch 6N Application for Entry and Use of Port in Fiji 60 Fishing Vessel Charter application 6P Vessel acquisition application 6Q Record of Offshore Fishing Companies application 125 6R Processing Establishments Application 6S Record of Fish Exports and Importers 6T Record of Fishing Vessels Using Fiji Ports 7 Fees 8 Accepted International Pre-fishing Practices 9A Port Inspection Report Format - Foreign fishing vessel 9B Port Inspection Report Format - Fiji fishing vessel 10 Obligations of Observers II Offences to which an Offshore Fisheries Fixed Penalty Notice applies Name Reef systems Internal waters SCHEDULE 1 (Regulation 3) PROHIBITED AND RESTRICTED AREAS Prohibited Areas Coordinates and description All areas within 3 nautical miles radius of reef systems within Fiji fisheries waters. This prohibition shall not apply to vessels using the drop line method targeting deep water snapper species. All Internal waters within Fiji fisheries waters. RESTRICTED AREAS (APPLICABLE TO SPECIFIED CATEGORIES OF FISHING VESSELS) Name Restricted area Archipelagic waters and Territorial sea Coordinates The coordinates of the archipelagic waters and territorial sea of Fiji are described in the Marine Spaces Act (Cap. 158A) and delineated in official charts. Applicable vessels Restriction applicable to Foreign fishing vessels, Locally-based foreign fishing vessels, and Fiji fishing vessels with a fish hold capacity equal to or greater than 40 cubic metres. This restriction does not apply to Fiji longline vessels with a fish hold capacity less than 40 cubic metres targeting tuna and tuna like species and that utilise no more than 2500 hooks per set. 126 SCHEDULE2A (Regulation 4) SEASONAL AND SPECIES RESTRICTIONS (As pel' the directive ojthe Department oj Fisheriesjrom time to time) SCHEDULE2B (Regulation 5) ENDANGERED AND PROTECTED SPECIES (I) Any fish species covered under appendix I and II of Convention on International Trade on Endangered Species of Wild Fauna and Flora; - restricted throughout the year. (2) Seabirds. SCHEDULE2C (Regulation 6) PROHIBITED FISHING GEAR AND METHODS 1. Any driftnet fishing gear. 2. Use of dynamite, gelignite or other explosive substance. 3. Use of any chemical or chemical compound including (a) any substance containing derris; (b) any substance containing rotenone. 4. Shark lines - trace wire, baited shark lines attached to floats (Hook 99). 5. Hook types - any hook types declared by the Minister by notice in the Gazette as a prohibited hook type. 6. Demersal trawlers. 7. Longline targeting DWS or any bottom dwelling fish species. 127 SCHEDULE3A (Regulation 39) VESSEL REPORTING REQUIREMENTS (A) Weekly Reports (each Wednesday) (a) report type (WEEK); (b) date and time (GMT); (e) vessel name; or (d) international call sign or country (Flag State) registration number; or (e) licence number; (j) position (to one minute of arc); (g) catch on board by weight by species; (h) intended action; and (i) observer name and nationality. as: WEEK/DDMMYY rrIMENESSEL NAME/CALL SIGNILICNOILA Illll LO 1111l1SJ xxx YF yyy OTH zzz/INTENDED ACTION/OBSERVER NAME AND NATIONALITY (B) Zone Entry and Exit Reports (a) report type (ZENT for enlly and ZEXT for exit); (b) data and time (GMT); (e) vessel name; or (d) international call sign or country (Flag State) registration number; or (e) licence number; (j) position (to one minute of arc); (g) catch on board by weight by species; (h) intended action; and (i) observer name and nationality. as: ZENT (or ZEXT) DDMMYYITIMENESSEL NAME/CALL SIGN/LIC NO/ LA IIIILO llIU/SJ xxx YF yyy OTH zzz/INTENDED ACTION/OBSERVER NAME AND NATIONALITY (C) Port Entry (including for unloading) and Exit Reports (a) report type (PENTIPEXT); (b) date and time (GMT) (e) vessel name; or 128 (d) international call sign or country (Flag State) registration number; or (e) licence number; If) position (to one minute of arc); (g) catch on board by weight by species; (h) estimated time of entry into port (or time of exit) (GMT); (i) port name; (j) intended action; and (k) observer name and nationality. as: PENT (or PEXT)IDDMMYYffIMEIVESSEL NAME/CALL SIGNILIC NOI LA lllllLO 1I1I1ISJ xxx YF yyy OTH zzz/PORTIETA (or ETD)/INTENDED ACTION/OBSERVER NAME AND NATIONALITY (D) Another Port Entry and Exit Reports (Fiji fishing vessels only) (a) report type (APENT/APEXT); (b) date and time (GMT); (c) vessel name; or (d) international call sign or country (Flag State) registration number; or (e) licence number; If) position (to one minute of arc); (g) catch on board by weight by species; (h) estimated time of entry into port (GMT); (i) port name; (j) intended action; and (k) observer name and nationality. as: APENT (or APEXT) IDDMMYY ffIMEIVESSEL NAME/CALL SIGNILIC NOI LA II I llLO II I 11lSJ xxx YF yyy OTH zzz/PORTIETAIINTENDED ACTIONI OBSERVER NAME AND NATIONALITY (E) Another Zone Entry and Exit Reports (Fiji fishing vessels only) (a) report type (AZENT for entry and AZEXT for exit); (b) data and time (GMT); (c) vessel name; or (d) international call sign or country (Flag State) registration number; or (e) licence number; If) position (to one minute of arc); (g) catch on board by weight by species; 129 (h) intended action; and (i) observer name and nationality. as: AZENT (or AZEXT) DDMMYYrrIMENESSEL NAME/CALL SIGNILIC NOI LA IIIILO IIIIIISJ xxx YF yyy OTH zzz!INTENDED ACTION/OBSERVER NAME AND NATIONALITY (F) Special Management Area Entry and Exit Reports (Fiji fishing vessels only) (a) report type (SMENT for entry and SMEXT for exit); (b) data and time (GMT); (e) vessel name; or (d) international call sign or country (Flag State) registration number; or (e) licence number; (j) position (to one minute of arc); (g) catch on board by weight by species; (h) intended action; (i) transhipment; and (j) observer name and nationality. as: SMENT (or SMEXT) DDMMyyrrlMENESSEL NAME/CALL SIGNI LIC NOILA 11lILO 1l1lllSJ xxx YF yyy OTH zzz/INTENDED ACTIONI TRANSHIPMENT-Y IN/OBSERVER NAME AND NATIONALITY SCHEDULE3B (Regulation 39(6)) TRANSIT REPORTS - FOREIGN FISHING VESSELS (a) report type (TRANSIT); (b) date and time (GMT); (e) vessel name; (d) international radio call sign or country (Flag State) registration number; (e) position (to one minute of arc); (j) compliment; (g) intended activity; (h) catch on board by weight by species; as: TRANSITIDDMMYY rrIMENESSEL NAME/CALL SIGNILA IllllLO 111111 Crew lO!INTENDED ACTIVITY ISJ xxx YF yyy OTH zzz 130 SCHEDULE 4 (Regulatioll 39(7)) • 1£. ...• > /' ~ • > , ""-~ Fiji Goyernment Fisheries Department PART A - Owner 1. Name of company l. Postal address Business phone Mobile Fax E-mail address PART n - Agent 1. Name of company 2. Contact person's name Business phone Mobile Fax E-mail address PART C - Vessel detmls 1. Name of vessel 2. Vessel type (e.g.longline, purse seine. pole & line, others ~ specify) 3. IMOl1umber 4. Vessel registration no. 5. IRes 6. Flag State 7. Number of crew on board Nationality Number VESSEL NOTIFICATION 8. Observer on board [YIN] If yes, please provide information as in table below: I Name Nationality 9. Master I Name Nationality PART D - Fishing authorisation held 1. Authorisationls Area Period of validity DDIMM!YY PART E - Species information Estimated total fish on board Species Weight (kg) Albacore Yellowfin Bigeye Others TOTAL PART F - Intended of point of Fiji EEZ enh'y Latitude Longitude Date Time PARTG-Port Intended portis to access Estimated arrival date Estimated arrival time Estimated departure date Estimated departure time Last port of call Next port of call I I I 1 1 I ) I " I I • 131 PART H - Declaration by agent/owner (circle applicable status) I, .. , ........ , ... ,., ............................. " .................................... " ................ , ................................. , the agcnt/o\vner; Declares that the information provided on this form is to the best of my/our knowledge,tn1c and correct~ mId Consent to comply with the Offshore Fisheries Management Decree 2012 and its Regulation and laws of Fiji. Full name Position held in company Date Signature Company seal 132 SCHEDULE 5 (Regulation 21( 1 )(n» SUMMARY OF THE FAO STANDARD SPECIFICATIONS FOR THE MARKING AND IDENTIFICATION OF FISHING VESSELS Introduction The specifications below were endorsed by the Eighteenth Session of the FAO Committee on Fisheries, Rome April 1989 ,for adoption by States as a standard system to identify fishing vessels operating, or likely to operate in waters of States other than those of the Flag State. I. Basic System 1.1 Vessels sha11 be marked with their International Telecommunications Union (lTU) Radio Call Signs (IRCS). 1.2 Vessels not provided with an IRCS shall be marked with the characters allocated by the ITU to the Flag State and followed by the licence or registration number assigned by the Flag State. In such cases a hyphen shall separate the lTV characters and the assigned number. 1.3 Apart from the vessel's name or identification and port of registry, the marking system specified shall be the only other vessel identification mark consisting of letters and numbers painted on the hull or superstructure. 2. Application 2.1 The markings shall be prominently displayed at all times (aJ on the vessel's side or superstructure, port and starboard; (b) on a deck, should an awning or other temporary cover obscure the mark, the awning or cover shall also be marked. Deck marks shall be placed athwartships with the top of the numbel~ or letters towards the bow. 2.2 Marks shall be placed as high as possible above the water line. The flare of the bow and the stern shall be avoided. 2.3 The marks shall (a) be placed so that they are not obscured by the fishing gear whether stowed or in use; (b) be clear of the flow from scuppers and overboard discharges including areas which might be damaged or discoloured from the catch of certain species; (c) not extend below the waterline. 2.4 Boats, skiffs and craft carried by the vessel for fishing operations shall bear the same mark as the vessel concerned. 133 3. Technical Specifications 3.1 Block lettering and numbering shall be used throughout. 3.2 The height (h) of the letters and numbers shall be in proportion to the size of the vessel in accordance with the fol1owing (a) for marks placed on the hull or superstructure; Length of vessel overall (LOA) in meters (m) Height of letters and numbers in meters (m) 25m and over l.Om 20m but not less than 25m O.Sm 15m but less than 20m 0.6m 12m but less than 15m OAm 5m but less than 12m O.3m Under 5m O.1m (b) for marks placed on deck, the height shall be not less than O.3m for all classes of vessels of 5m and over. 3.3 The length of the hyphen shall be half the height of the letters and numbers. 304 The width of the stroke for all letters, numbers and the hyphen shall be h/6. 3.5 The space between letters and/or numbers shall not exceed hl4 nor be less than h/6 3.6 The space between adjacent letters having sloping sides shall not exceed hIS nor be less than hllO, for example A V. 3.7 The marks shall be (a) white on a black background; or (b) black on a white background. 3.8 The background shall extend to provide a boarder around the mark of not less than hl6. 3.9 The marks and background shall be maintained in good condition at all times. 134 SCHEDULE6A (Regulation/5(2)) t,Cl, -~ ~'t. Fiji Government !R Fishedes Depol'tment LICENCE TO FISH WITHIN FIJI'S FISHERIES WATERAI'PLICATION The lei: fOf procoessmg of)'Qt1I applicatioo is contailled in schedule 7 (If the Offsoore Fisheries Managelllffit Regulations Pa)lnents can be 111ad.: to; ~partnh!nt of Fisheries Wbat you nfW to do Posl, fa.'( or email the completed fom! along "ith any aUachement(s) 10: fiji Fisheries Departn~m Offshore FisMries Dhision POBox 2218 GQwnWlent Buildings Suva. FIJi PART A - Owner 1 Nauh! of Registered Q-,'ller I Company Postcode J Other Vessels o\\lledi table- name, flag. IReS, (auach details) 4. Contact ~rron's Mille Busin<!ss phone Mobile Fax Email addr<.$s PART n -Charlerer 1 NalJ'lo:ofCompany 2 Contaci ~rson's name I Bmuh!ss phone Mobile Email address PART C -lIlRster 1 Name of Master Nationality Passport 3 Contact detaib Postal address Phone numoo Mobile PhonelSatphone Fa'l\:JlIlllIDer Email PART D -Vessel 1 NanltS of Vessel 2 Vessel type (e.g.longlme, purse seine, pole and line) I 3 IMOnunmr 4 Vessel registration I 5intemalional radio ~I ~~~~~~~~~~~~ Call sign 6 C\lffenl flag state I 1 Prniol!s name(s) II and flag St;te(s) 8 II\S1.lfaI1« Cowr YIN 9 Description of Vessel (e.g. size, colour, scheu~, GRT) ORT§N"T~ § LOA Depth Beam Colour Fi~hhold tOllJlJ.ge D Fr~u[t)'pe D Engine power kw D CarI)ing capadty D Hull type-steeVIb D 10 Number of crew n~llmrs onboard I N.II,,,UI,. I Numbfr AUach a crew list gmng n.w.ws, nallonalilies ana pa~rt numbers ofea~h crew member (attadlIlwnt) 11 MTU details Seriallll.lluber ModelfType lrulllfsal Mobile No PART 1<: - Fishing Authorisation held 1 J\utbonullonll Am l FishinS Star authodJ«I 1.1.0 PI. DPSDDI,Dotht' PART F - Species and olber Information I Tarstt sp«iu (1&. nil\!!; t~) .. b. o. d. .2 C'ak:h an-a applying. for o Al~Wpll'1ap<,: Wat~n 0 EEZ D TerritoriAl Sta o IIiShuaJ; 0""" 3. IJ:ItfDdtd Port otlADdlllg,IUDthlpmtnt, pro\idoD o Mua.iwalu 0 Fiji Fith DLllutoka DLmLll o PrilKf" Whlrf OIhtr: PART (; -I)£t-!aratlon by Agent/Owner IMPORTANT I, the tm.llet dtlJliled in PArt A or the AS-enl detail«l in Part D, Apply for tbe ~ant of an OffiMrt lkflUt In rn~ of the \"uwl dnctilxd in Par1 D. aud lM:lru:e that Ihe information pco\ided 011 this form l'" 101M 001 of mytollt kno ..... I«Igt.ln~ aud<,:ollWl. • Con&mt to con..,ly .... ;111 the NquimnflllS Wl\kr the OIf1bore Fisheries Mln.'Igenlenl~!H and iu RegtllJltiolU. 135 Fullll81UQ (Cou:vauy ~al) PMuion heM in Ihe ('onllM'¥ (if IIPflIiCl\ble) CII.tldhl or AllltdlnU'nll o o o o o o Imnarr;at Dislren Alert (IDA) Conllld INtaihFonn Colour Sc~ Pusport [Muler. OWllU ftC] Copies ofaulho.bation PART 1I-Of."fICIAI, US.: ()NI.Y I. Stalus- approved/ not 3ppro\~ pendin~ 3. Il«thing. Officer 4. Si$l13ture !I. R«fipt No Official seal 136 SCHEDULE6B (Regu/ation16(2)) Fiji GoVel'lUl.lcnt Fisheries Department LICENCE TO FISH WITHIN FIJI'S ECONOMIC EXCLUSIVE ZONE APPLICATION The fee for pwCe,Sill,lZ of your application is ,ontained in Schedule 7 oithe Off,hole Fl>herie, Man.1gem~nt Regulation, Fe)"'i,".ll fi,hi",I! \-~"el' ~,Ul "ul}' (M)'.:! IlUU" illli!! Fijl'~ fEZ P.l)11lent5 call ~ llI~de to; Dopal1mellt of Fished ... , \\11:\1 ~·ou need 10 do Po,l. fax or elilail the completed (onn along with any altacl!ement(,,) to: Fiji fi,llede> Department 00-"1Ior<.' Fisheries Dh-i>ioll POBox 2218 Gowmment Building. SU\"<'I. Fiji PART A - O,mer 1 NiH}l'" of Regi;tered Q\mer /Company Postcode 3 Othu Ve;~els o\\ll~d! table-nallle, flag. IReS. (att~ch det~ih) 4. Contact per~on's 11-1me Bmines> phone Mobile Fa" EmJil addl~s PARTB-Agent 1 Name of C01l1P~1l}' 2 Coulact persou's uallle Bn;i!\e>~ phoue ~Iobile ElI\ail addre~s PART C - Muster 1 N.1111e of ;'I.bster i\'aliOll .. ,lity 3 Contact d.;tai\<; Postal addu>, Phon.; I\\unber Mobile Phone,Satphone Faxmunber Email PART D - Veswl 1 Nallles of Vessel 2 Vessell)l~ (e.g. long-line. pllrse seine. pole and line) 3 I!l.IO Illlmber 4 Ve"eilegi,IrMiOIl I~============: :; International radio Call sign 6ClInenl flag stale 7 Pre,iOllS llame(S) and llag Stak(s) 8 Iustuance COWl YIN II 9 Description of Vessel (e.g. size. colour. schelUe, GRT) GRT E~I '''''Ton LOA , Depth Beam Colour Fi,hholdlonllage 0 Can}ingcapacilY Freeler type 0 Hulllype -suellfb Eugine power kw 0 10 Number of crew members onbohld I """'"'''''' o o Attach a crew Us! gLYlllg names, nalionafilLes and pa,>sp0l1 llllLllbers of each Clew melllber (altachnlenl) PART E - Fi~bing Authorisation held 1 Authorisations Area Validity Gear 2 Sp~\:ie> I .3 Fishing geM authorised LLD PL DPSDDLDother PART F -other information 1. Ill/ended Port of land lug, tramilipmenf, pl'olision DMtlaiw3!\l DLauloka DFijiFhh o Le\uka o Princess Wharf Other: PART G - Declaration lJy Agent/Owner nIPORTA,~T J, dle 0\\11<.'r detailw in Part A or the Agent detailed ill Part B, Appl}' for the grant of a Foreign Fidling Licence in re"I~1 of the \"<'!sseldescribed in P,lIi D. and Dedare th'lt the info[1n.:1lion pro\ided 011 this (onll is. 10 the best of lilY/Our knQwkdge, hue and corr~t. and Consent to comply \\ith the requirements IInder the Offshore Fisheries MaJ1.agement DKree 2012 and its Regulations and the Laws of Fiji SlgnBiure I :md dMe Fullna!lle (C~oc,CnpC,C"CyCSC,c'IC)--------' Po;itiouileld in the Comp:my (if applicable) 137 The attadllnents to thi; application ale' Registration celtificat ... o o o o o o llUllar,at Di,tre,> Alel1 (IDA) Contact Details Forlll Crewli"t Colour Scannoo Passport [;\faster. 0\\11 ... 1 etcl Copies of authori>ation Photo ofyessd (plan. side, stem) PART H -OFFICIAL 1.15£ OXLY I. Slahts- apprO\'edlnol approv;:d ' pt'nding 2. Amount Received 4. Sig-nanl!e 5. Re.:eipt No: Oflkial seal \0 .& ,'I.. Fiji Goycrnll1cnt l~~ Fisheries Department (-S~i;;'.<~"!,!;~~' PART A - Owner (additional fonll) 1 NalllcofCompany 138 SCHEDULE6C (Regulatiou/7(2)) SPORT OR RECREATIONAL FISHING LICENCE APPLICATION Fax nwnbtr Email PARTD- Vessel 1 NamesofVnsd 2 Vessel type (e.g.) postcode I 3 Other Vessels owned/table- name,flag. IRCS (attach) 4. Conta.<:t ~f50Il'SIJ.illl¢ Business phone Mobik Email address PART n - Agent I Charterer 1 Na~ of Company 2 Contact ~rson's naIlle I BlliintsS phone Mobile Email address PART C - Master I N~ofMaster 2 Nationality Passport 3 Contact dmils Postal address Poonenumbi!r Mobile Phone/Salphone I ( J ThtO number 4 Vessel registration I~=========~ Slnte!ll3tion.alradio LI ==========~ Call sign r 6 In5Ulance cover 7 Previous name(s) II and flag State(s) 8VessciPortbase J 9 Description of Ves hln(t~g,'n!zr.<~. '~Om16rnlIir..~~~"~""lI<..1313mR:rl)rJ GRT §NetTon § LOA Depth BeaIn Coffillf Fish hold tonnage 0 Carrying (apadty Freezer t)pe 0 Hull type -stedlfb Enginepowcrhv 0 10 Number of crew mtmbers onboord o o Attach a crew list gmng nanl(S, rutlonafiues arid passport numbers of eacb crew member (attachment) 11 Mru&tails Serial number ModdfJ)p.! lnruarsat Mobile No PART E - Fishing Authorisation held 1 Aulhorislltilllls Area Validity 2 Sp<:des I .} Fishing gear authorised Gf'a\' HLO PL 0 DLOJLDother PART F - Species and other Inrormallon 1 Target spedes Gist; Billfish. Mahin:Iahi etc) .. b. <. d. 2 Calch area applying for D Archipelagic Waters D EEZ D Territorial Sea 3. Intended Portotlandlng Plca'lt:~dty: ~ PART G - Declaration by Agent/Owner IMPORTAi"l"T T, the O\VlleI detailed ill Part A or the Ageot detailed in Part B Apply for the grant ofa recreation fishing Jken<:e inrespeci ofthe vessel des.crib«! in Part D. and ~dare that the infom'tation pro\ided on lhis (onnis, to the best ormy/our knowledge, true and corr«t, and Consent to comply with the Offshore Fisheries :Management Dc1:ree and its Regulations and the laws of Fiji. Signature I and date . Full naUle (cko=m=pan=y"s'='I"j --------' Position held in the Company (ifapplkable) Chtddlst or atlatbmenfs The allac~nts to this application are: o Registration certificate o Innurntt Distress Alert (IDA) Contact Details FornI o o o o o Crewlht Colour Scanned Passport [Master, Owner elc] Copies of authorisation Vessel photo (side, plan. stem) Insurance cover 139 PARTH..-OFFICIAL USE O:'\'LY 1. Status- approved! not approved! pending 2. Amount Retdved 3. Receiving Officer 4. Signature 5. Reteipt No Official seal 140 SCHEDULE6D (Regulation 18(2)) Fiji Government Fisheries Department 1. PART A -Appllmut delnlls Na:Jl~ of Company! Organisation BU~Ule~s phone Fax EXPLORATORY FISHING OR TEST FISHING APPLICATION Postal address Mobile 2. PARTB-AclhilyMl:l.lI~ r--------------------------------------. Project title: Acthity intent: I~::;--=:::::;::::;~: ;::::; :::--- ::~ :: ::::: : ;===============~ Gear t)~(s): 0 TRWO LL 0 DL Olher (s~ify) LI --' Intended spedes (eg. orange roughy, aifomino, bille-nose elc) Start Date: 3. PART c- Vessel detAII~ NaDlH ofVe .... el IMOnumber Intem,';tiQllal radio C:lJI sign ~===========~ CIUTent flag slate Pre\ions name(s) and flag Slale(s) Imtu:ance co\'er (YIN) II DeICIiplioll of Veslel (e.g. 5b', ('010111; sc1U.'lIIe, GRT) attach wslel', -, ~~~lfl =====~ MTUdeiaiis Seriainumbff Modelrrype llUllar&al ~tobile No NelToli Depth Colour End Date; Ves~ell}"pe (e.g. long/int, pUI,e ~eine. JX?le and Ene) I Ve~sel registration ~=============~ Fi,h hold tOlmage ~=======; Can}ing capadty Engine powefLI -' KUlllber of crew mem~p; on board {\mnbN' 4. PART D- AGREE~IENTS (Please attach the fol!owmg Ulfonll.1l!oll to your appilcallon): Tkk where appropriate D Partnership agreement o Joint yenture 0 Other ple.1;e statep.u1ner detail, 1'------------------------------, (naul<' ofpartnering comp.1ny- start and end date of agreement etc) Fiji Government Fisheries Department 141 EXPLORATORY FISHING OR TEST FISHING APPLICATION 5. PART E- Elploratory Fhhlug details (to be attached to the application) Project propMal: Clearly outline the fishing obje~ti\'es and methodology that will be llsed in you, project. Be as specific as possible. If capture is ilwoh'ed, outline method~ (eg:~ ieng:!ll of acthity. ge<1fmed etc) and stress levels ou affe-.:ted ~pecies. lfbiologicai sample collection or other uwash'e acti\'ities (eg surgery) are part of the pennit request, you mmt also pro\ide sufficient detail on methodology and indicate effoIts to reduce \\ildlife pain or stress. Pl'ojHI Locallou: Identify the specific location(s) of your field wOIk, induding co-ordinates (latitude/longitude). IflaIge Meas "ill be i;Overed, pHnide a ll}..~p SlIllUll<ll)" of locations induded in your study. If appropriate, identify which special or protected lands you plall to work iu (eg MPA 's, serunotUlt etc). If your project is to occur in an area of high spe.::ie;, interaction, please indicate. Personal Exp~rINICe: Outline your previous experie~e in relation to the proposed acthities awl captureIhandling of\\ildlife. If other persom IIll}' be inyoh-ed \\lth this a~thlt}" (eg; iield assistant), also li,t their names and previous e.xperience in relation to the proposed proj ecl. TIle attachments to lhis application are: o Registration certificate o Photo \'esse! (plan, side, stel1l) o Imllar>at Distress Alert (IDA) Contact Details Fonn o Crewlist o Colonr S~al1lled Pas>pOrt (applicantfmaster) o Copies of authorisation 6. PART F - DECLARATION I, Ihe applicant detailed ill Part A applying for an explorat0l)" fishing authorisation, declare that the infol1llltion pfO\ided on this fonn is, to the best ofmy/onr knowledge, tnte and correct Consent to comply "ilh the Offshore Fisheries Management tkcree 2012 and its Regulations and the Laws of Fiji Full name and signJture Date 7. PART G - OFFICIAL USE O~'L¥ I. Status- appro\"edi note appro\"ed! pending 2. AmOtult Re.::eiwd Official seal 3. Receiving Omcer 4. Signaf1rreidate Fiji GOYernment Fisheries Department Name ofCompany/Orgru.usation Business phone Fu ]42 SCHEDUI.E 6E (Regulation ]9(2)) SCIENTIFIC RESEARCH APPLICATION Postal address Postoode Mobile Email address 2. PARTB-ResearchdefaUs ~==~------------------------------~ Proj«llitle: Proj~t intent: Applying: for an authorisation relating 10 (check alllhal apply); o species at risk o species of special mterest Other; Dde\i«s attached to fish D coll~tion of arnnJ.'l1 or biological samples D de\;tes attathed to gears Start Dale: 3. PART C- VBs~1 NanwsofVessel I IMOnumber Internatiooal radio Call sign :::==========::; CUrrent flas: state Pre\;ous name(s) and flag Slale(s) Insur~e cover YIN II Description or Vessel (e.g. size, colour, scheme, GRT) ORT§ NelTon§ LOA Depth BealU ~ C:o:':~=--======:.., MTU&tails Serial number Modetrr)pe Inmarsal Mobile No End Date: Vesse!lype (e.g. IQoglioe. purse seine, pole and Hne) I Ves5elregislralion ~I=============~ Fish hold tonnage ;:============::; CarryingC;1pacity ~============~ F~zer~ ::=========================J Engine p<)\Vef h\' L Num~r oierew members on board NRtiODlIllt)" Number 4. PART D - Sdfnttn~ ReSl'lIfch (plt'ase attach the follo\\iog infonnalioll to yOIl£ application); ProJed propoul: Clearly outline the research obj~lh·es and methodology that will be used in YOUI project. Be as specific as po~sible. If capture is im'oh-ed, outline methods (1'11:; length ofactility, gear used etc) and bow you \\111 stress lel'e!s to affected spedes. Ifbiologica1 sample collection or other invash-e Belll;lies (eg sUIgecy) are part aithe penni! request, you must also prO\ide sufficient detail on methodology and indicate efforts to reduce v.ildlife pain or stress. Fiji Government Fisheries Department Project Location: 143 SCIENTIFIC RESEARCH APPLICATION IdentifY the specific localion(s) of your field work, including co-ordinales OalitudeJ1ongitude). Iflarge areas ",111 be covered, pro\ide a map SUllunary of locations included in your study. If appropriate, idenlifYwhich spf(ial or protf(ted lands you plan to work in (e.g., MPAs, seanlount etc.). Ifyollr project is to occur in an area of high species interaction, please indicate. PenonRI EXp~I'I~nc~: Outline your previous experience in relation to tlie proposed acthities and capturelhandling of\,ildlife. If other persons maybe llwoh'ed with Ihis projf(t (e.g .• field assistant), also list their names and previous experience inrdation to the proposed project. 5. PART E- DECLARATION I, the Ov.ner IAgent detailed in Part B: Appl)illg for a scientific research authorisation declare that the infonnation provided on this fom} is, 10 the best of myfour knowledge. flUe and co~f. Consent 10 comply \\ith the Offshore Fisheries Management IRcree 2012 and its Regulations and the Laws of Fiji. FuU",me""";,"'''' I I II D,I, I I ~ 6. PART F- OFFICIAL USE ONLY 1. Status- approved! not approved! pending 2. Amo\UlI Rf(eivw Official seal 3. Receiving Officer 4. Sigllature/date 144 SCHEDULE6F (Regulation 20(3)) I ~;.~ AI· .&.· .:, •. Fiji Government Fisheries Department ,. PART A - AplJlicanf 1. Nallle of Applic<'lllt 'T"""" 3. Email addre\s Postwdc 4. Bmlur~'> IJllo1I1' ~===========~ 5. ;\Iohllr 6. Fax PART B - PUlpo~r of Application {pleas!! lie!.} WCPFC High Seas Authorisation Authorisation to fish. in waters under the Jurisdiction of another Coastal State Authorisation to fish in high seas areas managed by other Regional Fi5helie~ i\[<'lnagement Organisation PART C - Ye~wl 1. Vessel Name: 2. IReS 3. LOA 4. Draft: 5.Bram: 6.GRT: 7. Engint' Power: 8. Pori of Registry: o o o 9. Fhb Holtl Capacity: I 10. Fhlilug :\!e!llOd [pfc·La~"~t~k:r.kJT.:--------' LongJine o Purse-seine 0 AUTHORISATION TO FISH BEYOND FIJI'S FISHERIES WATERS Polo: and Line n U OIlier, pIe-as!' ~y: Other D 11. Target Sprde.\ (plea,e list-e.g. Tuna, Billfish) .. b. <. d. PART D - DECLARATIOX I, th~ applicant detailed in P.1I1 A applying for an expoltl import! r~·export pemut: D~lare t!hllthe information pfo\id~d 011 this foml is. to the w>t of my/ouT knowledge, inle and (orre.:t C'omenllo ~oniply with the Offslwre Fi,hetie; 11anagemelll D"'-:Ie" 2012 andit5 Regulatiom and the Laws ofFiji. r-------, Fulillame and sigllilhu:e Company Seal CllN'klisl of attllChll1f1l1~ The attachments to this application are: ~ Flag Registration certificate Date tj Inmarsat Oistress Alert (IDA) (ontatt Details form B ~~~~ul;S~ta/'lned Passport {Master, Owner etc] Copies of authorisation o Details of other vessels owned o Vessel photo (plan view, side view, stern) PART E -OFFICIAL USE ONLY o L APlJIoved [p/ClUC tick] yesD NoD 2, Authorisation No: 0-;-, fees paid [plense tick] Yes D 3. Name OfIsslling Omcer I .,I. Sigllatme & Seal Oft1cial seal 145 SCHEDULE6G (Regulation 13(2)) Fiji Government Fisheries Department PART A-APPLICANT 1. Nrtllll! of Applicant I-------l 2. A 1<1 , [.e~s of AIlPlicant Post(ode 3.E mail <lddress I 4. Btlsilles~ phone 5. l-.fobile 6. Fax PART B- PURPOSE OF APPLICATlO~ [plemc tick} Export D Imp0l1 D R(".E!IJOrt D PART C Shlpmeut 1. Conntry of Origin I 2. ('enmITY of Destination 3. Shipment Dille 4. Container No: 5. Name of Exporter I IIlIp\)ltel 6. Address of Exporter / ImpOlter PART D - CO~I;\IODITY 1. COllditioll ofExpOlt/lmpon COllllllodity [pleille tick) Dead D Whole D EXPORT AND IMPORT APPLICATION Part Fresh D Frozen D Other D IfOther.p!"(I5!' IpcC/fi. 2. Sonrce (pkmf? lick) Wild D CuhnredlFfllmed D Other 0 IfOlher plc(lst'specttj' PART E - DECLARATIOX 1. 11Ie applicant d~laikd in Pild A: Appl}ing for an expOItlillljX'rt/re-exp0l1 peoni!. dedale IhM IIle infolULltion proyided on Ihi,; fom) is. to Ihe ~<;I ofmy/ollr knOWledge. hue and <:OIT';';'t, C'ol\,o:nl to <:omply wilh Iho: Offsho.e Fi;l~lie~ .\laluge)lle!lt IR.:1"e 2012 and it~ Regulations ilud Iho: Law~ of Fiji. Full lIill1Ie and sigwllllfe rl-----------. Offlcla! Seal Date PART F -OFFICIAL USE O~LY 1. Approved (please tick) YesD NoD 2. Re~eipt No: 3. Fees paitt{p/C'osC' tid} Ye~ D ~. NameoflssuingOfi1cer I 5. SiguatlUe & Seal Otllcial ~eal 146 Species/Specimen Quantity Description Purpose Total Weight ,I ~.~',~ ' .• ~'~.'.',tt. Fiji Government ~ Fisheries Department Document number: 1. .Name: 1. Fishing ,'csSeill!HlH'! Ftslllllg licensE' lIulIlbel': Valid 10: 3. Descrilltion oflll'oduct: Species: Product code: , 5. Name of IlHls(el' of fishing vessel: 147 SCHEDULE6H (Regulation 14(3)) FIJI CATCH CERTIFICATE rvaJidating authol'lIr: 1'.lilli,lr), of Fisheries &- FOlests Ad,h'('ss: Fax number: r.relephonelltunbel': Flag: Call sIgn: ~-~ rnrn.;ilo~·d 'S~ ~llle pori: !lumber: {(f issued) i--=----c Registration number: ~ IUlIlarsat 1I11111b('l': Telefax number: Telephone lIum!J('l': , E-mail addrcs~: Tnle of processing authorized 4. References of aJlPJlca~ Oil boanl: cOlISen'uliOIl and m:lnugemE'lllllleasul'cs: Catch urea(s) Estimated Eslillluted Veri fled and dales: IiYe welghl weight to be weight (kg): landed (kg): lauded (kg) wllN'/.' a~l'o!Jdut{,: ,"~ f-- -------f ~---- - ----- , Signature! Seal: 148 ~~: " of trOlImllilllllent at sea Signature: .Nall/I? of,\faster of Fisllillg Vessel: I D.1'" :N/A Doth' Area Position W~Cl<.) 1\Iastel' of receIdng yessel: ".' Vessel Name: Call Slgl1: s nl1mb,,·: ,.:, ,. I within a port area: NIA Name: Addre~s: TelE·'l)hon£' POI" of Date of Seal: (S'aml) number: landing: landing: 8. Name of e:xpol'ter: : 8",1: Addr", of, D, .. : 9, Flag' Name: I Seal: (S'nmp) Title: D"" 10. Transport details: See Appendix I 11. : \ I 149 Name of hnporl('r: Signature: Seal: ~\ddl'ess of11l1110rle1': Date: " Product eN code: DOCUlllenlS under (I) Article 14(1), (2) of Regulation (£C) II" .. .1 •• ," (iI) Other (specify) "" 12. Import conlrol: Authority Place: [mpol'falloll authorised: Importation snspl'lIded: Vel'lficatiOI1 l'equ('~le!1 date: - "" ('ustom~ dechniltlon: (tf issucd) Number! "~ Date: Place: 150 Declaration by Owner/Charterer L\IPORTANT I, the Owner or the Cha11erer, apply for a Fiji Catch Ce11ificate in ref:opect of the vessel described herein. and declare: • that the illfonnation provided on this fonn is, to the best of my/our knowledge, tme and coneel. • Consent to comply with the Offshore Fisheries Management Decree 2012 and its Regulations and the Laws of Fiji. Signatul'e I and date k- ~ Full name (Company Seal) Position held in the- Company (if applicable) I 151 APPENDIX I TRANSPORT DETAILS 1. Country of exportation: 2. Exporter signature: Portfairport/other 1)lace of departure: Vesseln3me ;md fl;tg: Container lllllUhel' (s): list atiache(l FUght numbel'/nln\'ay bllll1umbel': Name: Truck Nationality and registration Address: number: Railway bill number: SlgllatUl't.': Other transport document: 152 SCHEDULE 61 (RegulatioI134(2)(b)) Fiji Government Fisheries Department TRANSHIPMENT P .ART .A - Owner's detall~ (additional fOHn) P.ART E - Declamlioll by AgcntfOwner I N~Ill~ of Company [\IPORTA.."\i I I 1, Ih~ O\\ll~f detailed in P~lt A. apply fur the gJ3n! of a Tnlll'ibipmCIlI Authoris:ltion in re;p.xt of the W>'iel5 de;culled ill Part D. and 2 POlt,,\ addre:,~ D«b!c Hut the information piOvided olilhis I I fOUll I>. to th~ lle~t of my/our knowledge. t!U~ and C(llle~t Postcooe S',n,'m, I DD/MMM!YY and d~!(' 3 C(lHta~t pe{son\ name I I FII1illllllle Bu,il1e~'i phon~ I I I Mobile I I I\."ilion held in the Comp~l\y (ifapp\kable) Fax I I I ElIl,ii addre~~ COlllP:lll), seal I I (if applicable) P .ART B - ;\Ia~ter's tletall~ I NaUle oo.l:hter I I 2 }:atiomlity I I P<l'i~JX'rt n,) PART F -OrfICilL FSE O:XLY I. Stalu,- approwd1note applOved l pending PART C - Canier Vc~sel dclalh 2. AlnolUlt Rec~i\'ed I I Name ofYe,se! I I 3. Rec'ei\ing Offiar 2 ('~nyillg Capacily(mt] I I 4. Sigmture & date I 3 ('all Sign I I 5. Re~~ipl No I I I 4 F!3? PART D - Tl'anshlpm('-nllllformation 1 ~5"b 10 tr.31bhi c~1ChfI0lll \'~'MINam? Call Sign Ale-J [pOlt. EEZ} f-- Official se-al 1---- ---+ f-.----- -----t Re-publi{" of Fiji D?p;1i1I1wnt ofFish<'rie-s PHIFX I I I I I I 153 SCHEDULE6J (Regulation 35(2)(b» Fiji Govcl'mnent Fisheries Department 1. PART A-AppUmlll tlelRlh Nall~ ofCQJllJ-'any Business phone Fax 2. PART D- Vtmel dplllUs Names ofVes~el L\{O llumber Ime-mational radio I Call sign ~===========:::; Current flag ~Iate Pre,iOlt~ name(s) and f1<1g Slale($) Vei;el Port State De;~liplionofVe,.sd (e.g. size., '::OIOllf, sdleille, GRT) GRT§ NetToJl LOA j ~D<~P~'h~~~~~~;L Bealll ~ COIOIII MTUdel~ils Senal number Mode-loT)pe InnlMs.at Mobile No 3. PART C~ Blinker \,('$\('1 f Pro\-Ider Natlle of Comp~n)' Names ofVessd IMOnumber Ililemation~1 radio Call sign ~===========:::; Current flag state I '-----------' .t. PART D- Illtrml{'d Bunknlng BUNKERING Mobile Email addre~s Ve~sd I>~ ("..g.iollgline. pun,; seine, pole alHlline) I Ve;selregistriltioll ~I =============~ Fish hold tOJlnage Engine power I.:w Number of (feW members 011 b031d Xlll!oUlllHy Number Ve"e! type (e.g.longlille. pUISe • .:ine. wle :l!ld lille) I \'es~1 r.:gistrJ.lion ~I =============~ Fhh hold tOlmage ~===~ Total nld estimated (ltrs) LI ;=====- T~O~'=,l~O~il~(~"="~)~===========' Intended Btmkering jo.:ali(\J\ ~ Start Date L --'I Time: End Date: I Time; Fiji Government Fisheries Department 5. PART E- DECLARATIOX L the ~pplicaJlt detailed in P;u1 A: 154 BUNKERING Appi)ing for a IJ11ding pemlil, declare Ih~t the illfonmlion pro\ided on this fOHn is, to tlle be,t oimy/ollf knowledge, IHle and coned. ('omen! to cQllIply \\"ith the Off,hore h;heri.::, ~IBlIagemellt Decl.::e 2012 and iI, Regulations and the Law~ of Fiji Fnlllh1111e and ~ignan.lre Date J Company Seal 6. PART F- OFFICIAL USE ONLY 1. Status- apprQndl nole applO\"edl pending Ofticial seal 2. Atllomll R"cei\"ed I 3. Recei\"ing OUker I 4 Signature/dale L 155 SCHEDULE6K (ReguiatioI136(l)(b)) W, " ,.,;~{t "ff • Fiji Government Fisheries Department ~~ ~""" u, 1. PART A-Applicant Nan~ of Company Bmine~s phvilc Fax 2. PART B- Yt~~tl Nault'> ofV~sel I ThIOnumber Intern..1tioIh11 radio I,-============: Call sign r OUTen! flag stale 1:======;-;=====:::; PIe\'iou~ name(s) I II and flag Statt(s) I Insurance cowr YiN . De'ictiption ofVe-;sd (e,g. size, colour, s.:heme, GRT) MTUdet~i1s Sel"ial lUuIIber Modd'fype Immrssr l\fobile No 3. r ART C- Pro\1doll Details Name of Company ISavie.: J-lrovider [------------------~ ThIOnumbn Inteuded Pro\i<;ion locatiou (p0!11L~Jlle ttc) StartD.lIe I I Time: PROVISIONING Poslal3ddu~s }.£obik Etn-aiI3ddro!S~ Ve'>sd t)Jle (e g.lomdine, pt1l>e ,dne, pole and lind Vesselregistmtion ~===========~ Fish hold tOlllk1ge :============::::; CarI}ingcapacity ~~~~~~~~~~~~~~ Fra'ler I)}le Engine power I.,-w 1 NtlIIl~r orerew lllemb~lson board XailonaUty Xumbcl' I End Date: I Time: Fiji Government Fisheries Deparhnent t. PART D- DECLARATrON 1. the applicant detailed in Part A: 156 PROVISIONING Applying for a provision penni!, dedare 111at the inform. ilion pfO\1ded on Ihis fOim i~. to Ihe besl of my lour knowledge, tOle and corred. Consent to comply \\1111 the Offshore Fishclies Mauagement Decree 2012 mKi its Regulations and the Laws of Fiji. Full name and signature Date Company Seal 5. PART E- OFFICIAL USE O:\,LY I. Status- appro\'edl note approvedl pending 2. AmolUlI Receiwd Ofticial seal 3. Receiving Officer 4. SignatllIe!!J,1te 157 SCHEDULE6L (Regulation 49(2» Fiji Government Fisheries Department LANDING OF CATCH APPLICATION PART A- Vessel PART B - OWNER/AGENT DETAILS 1 Names ofVesse! 1. Name of Company! Agent (highlight) I I I I 1 Vessel t)"}K' (e.g.longjiner) 2. Postal Addres~ I I I I 3IMOnumber I I 3. COlltactpusOn'S1lJllle .. Vessel registration I I I I I I I I Phone F« !i International radio I I I I I I Call sign I I Mobile Tin 6 Flag I I Email 7 Previous name(s) I I OfflagState(s) I I PART C- LA.I."\'DJi'\G DETAILS (Landing to) 8 Vessel POtt base Procmor(s) OReefers D OtheI; 9 Arrival Date I I Port oflallding: PIillces"i wharf 0 Muaiwalu 0 Fiji Fi,h Lautoka 0 Levuka 0 OtheI: PART D - SPECIES BREAKDOWi'\ Species Receiver I Recei\'er 2 Receiver 3 Total Date Date Date Fresh Frozen Fresh Frozen Flesh Frozen Albacore Bigey, Total PART E- DECLARATION I. the 0\\11er fAgent detailed ill PaIt B aPlJlying fOf a landing penni!: • Dedare tllat tile infonnatioll provided Oil tilis fOJll} is, to the be,! of my/our knowledge, tnte and conect. • Consent to comply \\ilh the Offshore Fisheries Management De.::ree 2012 and its Regulationsalld the Laws of Fiji. Fullll3ll1e and signature Date Company Seal PARTF - OFfI('JAL USE OXLY I. Sfatus- approved'tlote approved! pending 2. AmOlmt Recei\'ed Ofl1cial seal 3. Receiving Ofl1cer 4. Sigf13tllfefd3te 158 SCHEDULE6M (Regulation 22(2)) It·. f .... Fiji Government I", Fisheries Department ,. . EXEMPTION OF LANDING OF CATCH .. . PART A- Vessel PARTE-OWNER/AGENT 1 Nanl("S ofV.:ssei I. NameofComp;111yl Agent (highlight) I I I I 2 Vessel typ<, (e.g.longliner) 2. Postal Addrm I I I I 3 MTU make/model I I 3. Contact p.=fSon's mme ..f Vessel registJalion I I I I I I I I Plume Fa.x S InfematiOI131 radio I I I I I I Call sign I I Mobik Tin 6 flag I I Email 7 Previous name(s) I I Oftlag Slate(s) I I PART C- CATCH DETAIL (lilt) 8 Vessel POit b3se Albacore I I BigeYi: I I 9 Arrival Dale I I Yellow fin I I Billfi,h I I TOlal Calch I I PART D~ L\'>'IDlXG DETAILS (n,a,oll~ fOI" landing) D Force !Imjeure o Ves~eI di'itr6S o Bi-latern! agreement Piea>e attach all relevant docllments to SllllP0rt the Ie.lsons llighlighted above. PART E - SPECIES HREAKDOWX Spe~ies Receiwr I Receiver 2 Recefver 3 Total Date DMe Date Fresh Frozen Fresh Frozen Fresh Frozen - .~ Albacore -- Bige 'e Total PART F- DECLARATION 1. the O\Hlef IAgent detailed in Pm B appl)1ng fOf a landing exemption: • Declare th.1t tlte inforll1.~tion pro\'ided. Oll this limn is. to the best ofmy/oIU knowledge. tme and eOITed • Consent to comply \\1th tho: Ombore Fi,berie, ~fmagO:lIlo:nt DO:c£eo: and its Ro:gulatioll> and tllO: laws of Fiji. Full mme and sign.MUlO: Dati: L Company S(,,11 PART G - OFFICIAL VSE OXLY 1. Status- nwtowJ1 110t approwdl pendiJig 2. AtllOlUll Received Official seal 3. Ro:eei\ing OfJker 4. Sigrt:lturddate 159 SCHEDULE6N (Regulation 42(i)(b» APPLICATION FOR ENTRY AND USE OF PORT IN FIJI 1. Illtended port of call 2. Port State 3, Estimated date and time of ~U'l'i\'al 4. PUl'llOse{s) of visit 5. POl" and date of last port call 6, Name of the vessel 7. Flag State 8, T:'1l(' of wssel 9, International Radio Call SIgn 10. Vessel contact Information 11. Vessel OWlH.'I'(S) 12. Certificate of registry ID 13. IMO sldl) ID, If available 14. RFMO ID, if applicable 15 MTUlALC No Yes: National Yes: RHIO(s) 16. Vessel dimensions I Length I I Beam I 17. Vesselmflstel'namE' allt1llationaU(v I 18. Relemut fishing authorlsatlon(s) Idcntifler ISS/led by Va/Mily Fishing Spt'cil.'s area(s) 19. Rete-milt tl'anshlpment authol'1satlol1(s) idenlifier I I Iss1Ied by I I Validity I Jdemifier I I h~lIcd by I I Validity I 20. Transbtluucnt information concerning donol' \'€'ssels Date Locatioll Nl1l11e Fll1gState ID Species Product JllIIl/ber (01111 Type: I Draft I Gear I Colch QUOl/tlfl' ol"ea 22. Total catch oniJoal'(l 23. CatelJ to iJe offloade-d Species Prontlct (01111 C(lfchart'a "lIml//t)' Olllllltif}' ~ 23. DECI,ARATIO~ I. the Owuer applying to cuter and use a port in Fiji" Declare that the infonn~tion pIQ\"ided Oil thi~ fonn is, to the be;t of my knowledge. tme and (oneet Coment to comply"itli the offshore Fislleries ManJgement Deelee 2012 and its RegulatiollS and the Lm-s of Fiji Full n~lIIe and SigJ1JlIIIe DJle 160 SCHEDULE 60 (Regulatiolls 10 alld 11) Fiji Government Fisheries Department Th~ fee for pnx~;<;iHgQf}"oUT applicatiou is wllMined in >ch~dl1k 70fthe Offloolt Flshede;; Malll[l:cllWnl Regula1ion;; PJ}lll':!US can Ix nude to: Dep:utmmt ofFhbelies Wliat ~'Oll IIffd to do Po,t the completed Conn along "ilh any atlachemeut{s) to: Fiji Fisheries Department Omhore Fhhonie; Division POBox 221S Go\'enllUCn! Building~ SI1\11, Fiji PARTA-OWIIN' I Name ofRegislaed Owner,'('ompany Postwde 3 Other \'e~sel~ 0\\11<:d.l table- name,flag.IRCS. (Attach Mlath) I. ComaC! person's JL1Ule BUI-ines.. phont Mobile Fax Enuil addre~s PART B - Charterer I Nan~ OfPet>OI1'ConlJ'lIlY 2 Contacl pers(ln's I1111le I Basine-IS pJliInc :\fobile Fa;: FISHING VESSEL CHARTER APPLICATION PART C - i\Iastel' NallleofMa'ite"f rl------------'I Naliooaiily 3 ('onlact details Postal address Phone number Mobile Phone;Satpoon~ Fa>; munber PART D - Ves.sel 1 Names of Vessel 2 Vessel type (e,g.lougli!l~, pun~ seine. pole and line) 31.\10 number .. Flag sL1te registratio';"~"~,":"~b:",-.'::======~ 51ntel1\3tioml radio '===========~ Ca!isigll r 6 Curreut flag state 7 PIe\'lom 1I.lll!e(S) and l1~g State(s) 8 IllS\U;lIl.:e cowr (YIN) II 9 DeSCfiptionofV6sel(e.g. size, w!our. Sd!ellle. GRT) Fish hold !Ollluge D CruT)ing c<lPJcity Freezer t}]Je D Hull 1)pe -steel'lb Engine power },:w D 10 NUlllber of ((eW mWlbers ouboru:d XatlonJlll!y TO(II/Cft'W D D I Fiji Government Fisheries Department 11 MTU details Seri~l number ModelrrWe lrull,W;,1t Mobile No PART E ~ Flslling Authorhatlon hdd 1 Al11l1orisatlons li=- A •. '. J- V ., ld ih .. -L G< · '~I ']"''''' I 3 Fishing gear alllhorisoo LL 0 PL 0 PSODLOother PART F -other information I.Illtended POI t of landing, transhipment, IJro\i,lon o Suva (l\fuJiwaJu) o Suva (Fiji Fish) o Lautob 0 Levub o S\l\'a (Prill':ess \Vl1ll0 PART G - Declaration by OWllel'/Charterer I~lPORT Al\'I I. the Owner dehlikd in Pall A or the Agent detaikd in Part B. Apply for all 3utl!orisatioJl 10 dmtera Fiji l1shillg wisel/foreign ftshing vessel: Ikc!are th~t the infonl11tioll provided onthh fonn is, to the best ofmyiour knowledge, tine and ~orrecl Consent to comply \\ith the Offshore Fi,herks MM..1gement Decree and its Regu13tion~ and tlle Slgn~::~: OfFjiJi. and daft' '--- -----1 Full Ilallle (Colllpany &,11) Position held ill the ConqMuy (if applicable) 161 FISHING VESSEL CHARTER APPLICATION ChfCklist of alladllnrnh The att~chment5 to this application Me: o Copy of charter agre~mellt o Regislr21ioll certificate o Inn:ru'-31 Distress Alert ODA) COlllact Details Form o Copy oflhe Insurance polier o Colour Scanned P.lssPOIt {Master and O\\1l<'rJ o Copiesofall1horis.ation o Details of otlter vessels o\\1led o Color photo,> ofwssel (side view. plan view and stem) PART H -OHlCL\L USE moLY I. Status- approved! not approvedl pending 2. AnlO,illt Reai\'ed 3. Receiving Ofliw 4. Signatllre 5. Receipt No 162 SCHEDULE6P (Reglllation12(3)) Fiji Government Fisheries Department \VlIat you lIeed 10 do Post tile completed form along "ilh anyattachelll.:nt(s) to: Fiji Fi'iheries D.;pa.t1meut Omhore Fishelie~ Division POBox 2218 Government B\li!ding~ Suva. Fiji PART A- Owner I PUl'chaser 1 Name of Registered Omler/Company Postcode 3 Other Vessds (muM' table- ll.1mdbg, IRCS. (Attach detail,) l. COllt;Ktperson's name Bminess phone Mobile Fa.'.; Email addle~s PART B - Agentl Ch.ntel'er 1 Name of Person' Company 2 Contact IJ('rwn's name I Bll'Iiness phone ;-.robile Fax Email address PARTe-Master 1 Name ofMa'iter VESSEL ACQUISITION APPLICATION Nfdion3iity Passport 3 ('ontfle! dNails Postal address Phone mUllber Mobile PllOueiSatphone FaXllnmber Email PART D - Vessel 1 Name of Vessel 2 Vessel t}pe (e.g. tongline, purse seine, pole and line) I 3 ThIO llUllIber ... Ve~)e! registration ~==========~ 5 IllIematiOllal radio CaJlsigli 6 ClIrrent nag state 7 Previous !1.1I1le(S) and flag State(s) 8 Vessel Port of RegistlY /I 9 IXscriplionofVessd (e.g. size, WIOIlf, scheme. GRT) Fish hold tonnage D Canying capacity Freezer ~-pe D Hull '}pe -steelltb Engine power bv D When built \VilereBuilt D 10 PIIH:h.ase price (USD) PART E - Fishing Authorhallon beld 1 AlIlho11~atlollS An·a Validity D a G,,,, ] Fiji Government Fisheries Department 2 Fi,hing g<-Jr aUlliOliwl LL 0 PL 0 PSODLOolllef PART F - Other inrol'mation 1. .\fodiflralloll 01' Comh IIction of a Fhhing "r\s~l Nank' of iliipbllilder Name of shipyard 163 Nallk' ofn . .wal archite~l J PIoposed cbanges EXiXcted d:1te ofcollIpietion (dd-'Ill111Jlt"yy) c=:J Fish hold tonnage CJ C] Freezer 1)pe D DGRT 0 D o Srmchue o o Cm)ing (~pacil)' LOA Navigatioml EqlUjlllleJlt Othtr PART G- Decinl'atioll by Agent/Owner DJPORTANT J, the O\\mr/ Pmch.1serdetaikd in PJJt A or the Agtllti ('!lMterer tktaiJed ill P,ut B: ~ Apply forthe grant of a POll penllll in resptcl of !lIe w'isd described in Palt D. and D<:dare Ihat the i!lfonmtioll pIOvided olllhi> forlll is, to the b6t ofllly,'ollTknowledge, tille and COIl~L ('oment to comply with tile Ofl~lloIe Fhhtrie, s:~~:;;;;' "( it; R'g"'''i,,,, ",d tl" L,w; of Fiji. VESSEL ACQUISITION APPLICATION Position held ill the Comp:l1l)' (ifapplicabld ('liecklM ofallacitlll{'nh The atmchmeJlIS to Illl~ application ille: Registrillion celtifkate o o o o Imll.mill Di,tress Akrt (IDA) Contact Del~its FOllu ('olour Seamed Pa,sporl {Masler alld OmlelJ ('ol)ies ofaUlhori,alioll o o o ('olor photo~ ofwssej (side \iew p\31l view and stem) Original wssd plan o 0 Proposed w>'.t<"imodification pbn PA.RT H-OFFlCIAL (:S£ O:\"'Ll' 1. StilIU~- al1llrowd' not al-1provedl pelH.hug ]. Amollnt Received 3. Receiving Onicer 4. Signattue s. Receipt Ntl Official se~l 164 SCHEDULE6Q (Reguiation28(2» Fiji Government Fisheries Department RECORD OF OFFSHORE FISHING COMPANIES APPLICATION Wllflt ,-ou uE'ed to do POI!. f~x or enuilthe completed fonll 'ltong with any at1<\chemelll(s) to: Fiji Fisheries. Dep.1rtU1<!U\ Offshore Fi<;helie~ Di\1Sion POB('Ix221S Gowrnment B\li!di.ng~ SnYa. Fiji PART A - Owner! Siulrehoider 1 Name(s) of o\mel(~) '.hauholder(s) PostcO<ic 3 Other Ve;sds O\\lled! t~ble·llame.t1Jg.1RCS, (Atlll.ch d~lail~) ~. Contact per~on's lL.'IUR Bmine>s phone Mobile Email <lcldr,,;s PART B - Agent~IanAger 1 Naill':: ofPersOlt'COlll}lauy 2 Contact f"'.,ou"s nanl" I :>Iobile TIN Ellui! address PART C -Assets 1, 1.i,\ of fIShing wsseh O\\llro or chartered (l1luw:, IReS, llag to be ap~nded.) Whne appllc,tble: 2. Piocessi.ng p\;uit c"pacily (mUd"y) 4. Nlunber offrulef !nIcks ~,Numberof Vehicles 6. Tick \\-here ~ppropriate: MedHllical plant Other Plea'>e specify if other: 7. Estimated worth of ;I,sels (FJD) PART D - Employment o o 1. N\Ull~r of pnsollS employed 011 fh,hing ,·essels Fenl.~le D D 2. N,,,,,b<, OfpmO::::~10'ol ";o",h,,, f"O Female D 3, NUll\ber of foreign nationals employ.:d on fi>hing wssels Numb~r of Persons 165 Fiji Government Fishel'ies Department RECORD OF OFFSHORE FISHING COMPANIES APPLICATION 4.Nllll fadliti lbu of fOf<,ign Ilationah employed on omhore " i"llmbN' ofP('nOll~ Nat !onillity .:\JaIE' FE'lIlille PART ChIll' D-IPO E - Declaration by Owner/ Agent( ferer. RTANT ,mer dNaiIed in Pal1 A or tll<, Agenti1fan.1g~r 1.1111.'0 detailed Offsho in P,lrt B, apply fOl the inclusion in the Re\:ord of ce Fishng ("ompanie;, and: Declare Ihat the infonnJtion pro\'jded on thi> [oml o o o h, to the best O[IllY/Our knowledge.tnli;' lind correc!. CometH to comply "ilh the Off,hore FishNies .Mrulagement Decree 2012 and it, RegHialiollS and the Lilws of Fiji Signature I and dJltE' Filii name «("omp:IIIY Se;l.i) I PositiollileJd in the ("(lHlp,lny (if applicable) I I~t ofalladllneuh Itadllllents to tlu> ajJplkation rue: olllpany Regisliation cfltiticate '(liour Scrumed Pa<'<'IJ(lrt [0\\1Ie1. 5hareholder(s), gent, Man<1ger] Details of otlier w<,<,els (l\m&! (Xame-. IReS. Flag) FIRC A Re-gi,tratioll ("eltific<lte FlR("A VAT Cbnance Jetter I I I PART F - OFFICIAL USE ONLY 2. AmOlull Recein:d J. Rec<'lYing Oftic<,r 4. SignJtl.lle 5. Receipt No· omcial5eal 166 SCHEDULE6R (Regulation 29(2)) Fiji Government Fisheries Department PROCESSING ESTABLISHMENT APPLICATION The t~e ((If pIIXe;"ing of your applkation is (ontained in schedule 70f the Omhule Fi'heri~ ~lanJ~e!lle!lt Rt;glilatiou'o P3.)11l<:Ut$ (an be nude to: Dejl~rtment ofFi,helle, Wbat you need to do Po,t. f..'LX or enl1iilhe completed fonn along "ith any attAchelllClIl(,) to: Fiji Fhheties Dep:utmmt omhort Fi~herie~ Divhion POBox 2218 Gowllllllent Building> Smll.Fiji PART A ~ Company 1 Nal1lt'ofCol1lpany I 2 Postal addre~s I Postc.ode 3. ('ollla.:! perwn'slIallle I Bt\.line,>s phone I :--Iobile I Fax I Euuil address I PART B - OWlI£'l'(S) 1. Name of O\\lIU (5) Citizenship and shares ~ '"'" .. , - PAnT C - Processing racility I. location ofproc<:ssing f~dhty I 2 Type ofproce~,ing (pk,;se tick) 0 Camling o l1l!eling Oloining I I I I I I I I o patking 0 Other(sp~dfy below) 3. Handkd species (Ii,t: Ttula. billfi,h, ll1.ahil1L~hi, etc) ,. b , 4. Raw llVltellah (pka~e tkk where appropriate) DFishing \"eSsels 0 offioaders OFi,.hing cOlllpanies 0 processing (Olllp311ies o Other (please ,pedfy) PART D - Market lndiCilte m.uket location: o Local o Overseas 0 Other PART E - Declaration by Agent/Owner I:\IPORTAL'\! I, tl~ Owner detailed in Palt B apply for an authorisation for proc6';ing establisJUllenl; Dedare that the infollll1tioll provided 011 this form is. to the best ofmy/ollf kl\Qwledge, Uue and aeclUate; Signaturt I'~----------' Hud dalt . Full naJlle (company Seal) Position hdd in the Company (if applicable) Chfckllst of attachlllfllt\ The 31lachmenls to this application are: o Con~!\y RegislIafion eellifkate o Business plan o Hacep certificate o Pro.:tssingplan o Memonllldu!llQfarlicks.i:111icJes of as sod at ion !~t> Fiji Government & Fisheries Department PARI F ~OFFlCIAL USE ONLY 1. StAtus- approved! not APPIOW:dl pending 2. Amount Receiwd 3. Receiving Offietr 4. Signanu-t S. Receipt No 167 PROCESSING ESTABLISHMENT APPLICATION Ofticial seal Fiji Goyernmellt Fisheries Department 1. PART A-CO~IP,\","l' Nall~ of Cmllpany 2, PART B - OWN"£R(S) Pk,,>,, fiU in ~hardlOldel breakdown J. PARTC-PRODlTT PiOrluct mllle(s) {Ii~t): Pwdud ty}X': Ofre-;h o frozen o ;'llloked o salted PiOducl SOUlee" D,:ultUIo!d 4. PART D· DECLARATlOX I. the O\\lIH IAgen! det~iled in P,m B: 168 SCHEDULE6S (Regulation 30(3)) RECORD OF FISH EXPORTERS AND IMPORTERS o Export o ImP'll! }.Iobile Cillull Number of ~hu('~ o loin o rille! o dried o other (~pe,ify) Dother Applying lor 11 scientific resemch a\\liloris-ltion dedau that th~ infofllJ..1tion pro\-ided on thi<; (O!TI) is, to the be;! of 1ll)','onI knowl",dge. true and COllect. • ('omen! to comply with the Off;hole FIsheries 1>.lanagement Decl.;'e 2012 ilnd its Regulations and the I ~ws of Fiji. Fulln<llne ;1.ull "igllatnre I D.1\e , Oftki(lt Seal 169 SCHEDULE6T (Regulation 46(1)) It( ,. ( ~x: , Fiji Government Fisheries Department Wbat you need to do Post. fax or em.~i1lhe completed fonn along \\ith any alt,xhen~ll1(s) 10: Fiji fNleries Th:partn~m Omhore Fisheries Division POBox 2218 Gow-nuuenl Building. Suva, Fiji PART A - OWlIer 1 Name ofugistered O\\1\e[!C<mlpall), Postcode 3 Other Vessel> o\ edl table· 11lludlag. IReS. (Attarh details) I. Contact person's Ilame Business phone Mobile Fa ... Email address PART n - Agent! Chartel'E'l' I Name ofPezsonlCompany 2 Contact person's l11me I Business pllone Mobile Fa.x Enuilaffilress PARTC-;\Ia~t('r Name ofMa,ter I !=======i 2 Nationality Pa~sport RECORD OF VESSELS USING FIJI PORTS 3 Contact detaib Postaladdre55 PllOne lllnuber Mobile PhonelSatphone FaXllumbn Email PART D - Vessel 1 Name ofVessd 2 Vessel t}]l<: (e.g. longtille. purse seil1;!. pole and lin;!) I 3 I~IO JIlllllber ., V~sd registration ~===========~ .5 JlltelmliollJlradio '============~ Call sign r 6 ('uIlenlllag state 7 Previous 1l1111,;{S) and flag State(s) II 8 Vessd Port Stat;! I 9 D;!'>(riptioll of \' es>chIT( ".""~""'C. ,"·0.1051,", .C,<,"he",,""C.cG"ROln)-J GRT §NetT«1l LOA Depth BCJIll ('«lour Fish hold tOlU!;]!':;! D CaIl)ing C~I"1city freaer l}lle D Hull type -st;!elifb Engine power hv D 10 XlUllber of new n~llltw, «UbOMd D D Auaclt a new US! gl\'Illg names, \l.lllOll1htl6 all{[ paSS1)«II 1l1ll11bers of each Clew melllber (~ttadullellt) II MTU details Seliallllllllber ~fodetrrn}i' IIl1l1,-1""1t Mob!!e No Fiji Government Fisheries Department PART E ~ Fishing AuthorhatiOIl held 1 AUllloli'>atioll\ 3 Fishing ge,lI alltho!i<;ed LL 0 PL 0 PSODLDother PART F -other luforlllatiou I.IntelHletl POI t orlanding, II ;lllsllipmenl, Ilro,1slonlng o Sm'a (MlL1iwll\lI) 0 Suva (Fiji Fish) OL1UtOka o LenIka o SU\,;l (l'Iin(e~<; Whal!) PART G - Declarationb)" OWllerl Agent! Charterer. DIPORTAXf I. Ihe O\mer (klaiied in Pall A or the AgtnliCharterer detailed in Part B. GPI1\Y for indmioll on the Re(oni of Ve,sei, ming P(\lh in fijiinlt'>pe(tofthe wssei de'i<:ribed in Part D: {kdue tlL1t the infonnatiol1 pro\ided on this fonn is. to the b~.;t ofmy/olll knowledge. tl.1le. (Omplele and ;I«([II,lle. AgIee to llIO\~de prolllPtly to the Department notillc3tiol! of anydwngeo; to the inf(lll\tltion helein provided Coment to (omply \\llh the Offsl](lre Fishelles :-'I~n1geUlcnt fulee and its Regu!Jtion, and the T.a\vsofFiji Siguature I amldat(> . FilII nallle tC",-,,-'~-'-n-)'csc'C'ICI--------' P~1',jtion held in lhe Company (if applic2ble) 170 RECORD OF VESSELS USING FIJI PORTS Ch~(kllst of l'lUacluumh lhe l'ltlachmwts to thi> application ale: o Registration ceI1.iticate o 111ll1.1I,,>at Distle~s Altl1 tIDA) Contact Details FornI o Colour Scanned PasspOlt [Ma<;ter, Dlmer. Ch3ftererj o CopiesofallthOIhation o List ofothtr\'er,sels O\\11ed tName. IRes. flag) o Colo\\[ photo> OfW5Sel (side ,iew plm view and stem) o Origjn~1 plan ofvessel PART II -OFFICIAL l7S[ O~"1.Y 1 Status- RWfOVdl not appwwdl pending 2. AIIlOlUlt Receiwd 3. Recei\'ing OUker 4. SigJl.1ture 5. Receipt No Oftlcialseal SCHEDULE 7 - FEES (Regulation 27) Foreign Fishing Vessel Management and Monitoring Fee [Not Locally based foreio-n fishin a vessel] Foreign Fishing Vessel Management and Monitoring Fee [Locally based foreion fishing vessel] Fiji Vessel Management and Monitoring Fee Sport Fishing Vessel Management and Monitoring Fee Fiji Vessel Access Fees 1. Chartered Foreign flagged equal to or greater than 20m in length overall [Longline] 2. Chartered Foreign flagged less than 20m in len!rth overall [Lonoline] 3. Chartered Fiji fishing vessel equal to or greater than 20m in length overall [Lonoline] 4. Chartered Fiji fishing vessel less than 20m in length overall [Longline 1 5. Fiji fishing vessel with a fish hold capacity equal to or greater than 40 cubic metres (i) [Longline] (ii) Period Fee [VIP} FJD Trip $575 Annual $1,150 Annual $6,900 Per tournament $690 $20,700 Annual --:::: Annual $14,950 Annual $10,350 Annual $7,475 Annual Non- Fiji Owned Fiji fishing (i) $18,400 vessel Fiji owned Fiji fishing vessel (ii) $9,200 6. Fiji fishing vessel with a fish hold capacity Annual equal to or greater than 40 cubic metres (i) Non-Fiji owned Fiji fishing (i) $18,400 [Other] vessel (ii) Fiji owned Fiji fishing vessel (ii) $9,200 7. Fiji fishing vessel with a fish hold capacity Annual less than 40 cubic metres [Longline] (i) Non-Fiji owned Fiji fishing (i) $6,900 vessel (ii) Fiji owned Fiji fishina vessel (ii) $3,450 8. Fiji fishing vessel less than 5mt fish hold Annual carrying capacity. [Dropline] 100 % Fiji ownership Fiji fishing $1,150 vessel 9. Fiji fishing vessel more than 5mt fish hold Annual carrying capacity. (Dropline) 100 % Fiji ownership Fiji fishing $5,750 vessel Fiji Vessel Observer Levy! Annual $2,300 Fiji fishing vessel transfer of licence or authorisation Application $575 Fees for Records established under the Regulations Record of Fishing Vessels Using Ports in Fiji Fee Application $23.00 Annual $57.50 Record of Offshore Fishing Companies Fee Application $23.00 Annual $115.00 Record of Fish Processing Establishments Fee Application $ 23.00 Annual $2300 Record of Exporters and Importers' Application $23.00 Annual $115.00 / Applicable to all Fiji vessel categories, Fiji Chartered fishing vessels and Fiji authorised at·sea transhipment vessels. 2This fee does not apply to persons or companies registered with the Department of Environment under the Endangered and Protected Species Act provided that evidence of such registration is submitted to the Director of Fisheries. ~------------------~---------------------------------. ' ;:j Fees jar Permits Application $5.75 Export (commercial) Per Consimment $11.50 Monthly fresh fish export $28.75 Import (commercial) Application $23 Per consignment $28.75 Export & import (fisheries scientific research) Per pertnit $22.50 Whole Fish Levy Per tonne $115.00 Individual (personal use or consumption only - amount exceeding 10 Perpertnit $5.75 kilograrnmes) Entry or use of port (fees only applicable to Foreign Fishing Vessels not Application $23.00 based in Fiji and not on the Record of Fishing Vessels Using Ports in Fiji) Per Entry or Use of Port $1ll5.00 ' ~ Authorisation to Charter Fishing Vessels Authorisation to Charter - Fiji fishing vessel Application $23.00 Per Authorisation $115.00 Authorisation to Charter - Foreign fishing vessel Application $23.00 Per Authorisation $230 Application fees for licence to fish within Fiji·s fisheries waters or licence Per Application $115 to fish within Fiji's economic exclusive zone Sport fishing licence fees Application per tournament $23 Per tournament $57.50 Recreational fishing licence fees Per Application $5.75 Annual $57.50 Authorisations Authorisation to undertake fisheries scientific research Application $5750 Per Authorisation $2,300 Observer levy for Authorisation to undertake fisheries scientific research (i) Less than 3 months (i) $86250 in the exclusive economic zone (ii) More than 3 months but less (ii) 1725.00 than 6 months (iii) More than 6 months but less (iii) $2,58750 than 9 months (iv) More than 9 months but less (iv) 3,450.00 than 12 months Authorisation to undertake exploratory fishing or test fishing Application $5750 Per Authorisation (i) 1-3 months (i) $5,750 ' ~ (ii) 3-6 month (ii) $9,200 (iii) 6-9 months (iii) $13,800 (iv) 9-12 months (iv) $18,400 Observer levy for Authorisation to undertake exploratory fishing or test (i) Less than 3 months (i) $86250 fishing (ii) More than 3 months but less (ii) 1725.00 than 6 months (iii) More than 6 months but less (iii) $258750 than 9 months (iv) More than 9 months but less (iv) $3,450.00 than 12 months Application fee for Authorisation to fish beyond Fiji fisheries waters Application $23 .-'----------~~ Related Activity Landing Per landing application $23 Transhipment (foreign fishing vessel) Application nil Per Transhipment $11.50 per tonne transhipped to the receivincr vessel Transhipment - Approved Fiji Fishing Vessels At Sea Fresh Fish Tranship Annual $15.75 per tonne tran ment Fee (only within Fiji fisheries waters) shipped Bunkering Per Bunkering $23 Provisioning Per Provisioning $23 Miscellaneous --c: Duplicate licence Per duplicate $57.50 Permit fe-issuance Per permit $57.50 Instant Permit Application fee (if permit is needed within 24 hours) Per permit (i) Export $69.00 (li) Import $115.00 Logbooks (foreign fishing vessels only) Per book $57.50 176 SCHEDULE 8 (Regulation 26(1 Hil)) ACCEPTED INTERNATIONAL PRE-FISHING PRACTICES 1. All fishing and support vessels shall provide a POlt entry notice (including their authorisation to fish, details of their fishing trip and quantities of fish on board, with due regard to confidentiality requirements in accordance with national laws) to the port authority and the national fisheries authority at least 24 hours prior to entering port. 2. No fishing vessel or support vessel may enter port to carry out any functions without prior clearance from the port authority and the Director. 3. Any fishing vessel that enters the ports of Fiji can, and will be subjected to a full inspection of the vessel, documents, fishing gear, catch and fish in storage prior to it being permitted to conduct any activities in the ports, to ensure that: (i) all fishing within national jurisdiction is within the terms and conditions of an approved licence andlor agreements; and (ii) the full investigation of all relevant documents, fishing gear, catch and fish in stowage demonstrate compliance with national and international fisheries legislation and agreements, and meet the port State's international fisheries obligations. 4. In the exercise of Fiji's sovereignty including the right to inspect fishing vessels that enter its ports, the following information may be collected and remitted it to the Flag State and, where appropriate, the relevant regional fisheries management organisation (i) the Flag State of the vessel and identification details; (ii) name, nationality, and qualifications of the master and fishing master; (iii) fishing gear; (iv) catch on board, including origin, species, form, and quantity; and (v) where appropriate, other information required by relevant regional fisheries management organisations to which Fiji is a member or other international agreements to which Fiji is a party; and (vi) total landed and transhipped catch. \ I 177 SCHEDULE9A (ReguiatioIl43(2)) PORT INSPECTION REPORT FORMAT - FOREIGN FISHING VESSEL REPORT OF THE RESULT OF THE INSPECTION 1. In'tJ)(>dioll 1'{'IWl't no 11. Port Stull' J. libl){'rting nnlhuJ'ity I. :\"anl(> of 1)l'il1dpai insp(>ctol' lID 5. Port lIf in<';IH'('tion 6, Comlll('IlC{'IH<.'nt of in<"pN'tiol1 I IT)T .lI.lI /)/) HH 7, Compl{'tiol1 of 111'-;IH'('tlol1 )T)T .\/.lI /)/) HH S . .-\dnUH'{ld notification I'l'{'('in'd } .(' \ So 9, PUI'POS('l<.;) L\S TR'\" PRO 10TH L\/){'dIYJ II!. Port and St.lh' elm) dllf('1 I I )nT .\/.lI I [JlJ of hl-.t port ('all I I. Y('s"'-l'lllallw 12. n,,~ Sial" 13. TY]H' of H'S\{'! J-t Iuternlltiullal Radio Call Si!:!ll I IS. Cl'l'tif1cnt<' of n'gl ... tn II> 16. DIO 'hill ID.IF ,,'''ilable 17. EXI{ll'lwl ID . if ;wnilable I 18. Port of regbtn It), Yl''j,\('l OWI1{'l'("i' 11). Yps<';{'i 1H'lwfirial (1\\'11(')'(\1, iF lmown .1IHI diffl'l'{'llt fl'oll1 H''<'''j{,) 0\\'1)('1' 21. Y('s"'-{'i o)lpraton,>,. if dlff{'i'{'llt frolll H'..,<;{') HWIll'1' 22. Y{'s"'l'l tn.ht<'1' llanll' and nationality 2:3. FhhillL' ma .... H'r nallW and IlrttionalifY 2.t. Yl'swl ag('nt 2S. Y\IS I Yu rn: Y({fil'lI({/ I )n RF\/Ch I T~ 1'<::: 2(}. Stiltw .. in RF:\IO an'll" Wl}('fl' fhhing 01' fhhing n'irtt('(1 lH'ti\"iti('<' haw b(>(,11 1IIHh'rtnkl'll. illl,:luding 'UlY It"t- w-,,~{'I Ihtlllg '"(' "/ il/emilier RF.\/" Fleig S1(/1(' \ ('\\e! /In ollTh/lri~{"t! \ '('\\cl 01/ /l"t" \fUIU, l"n,\c/ Ir" l,t'\\d Ii\f 178 27. R{,ll'Y1Hlt fishing Bllthoriz:ttluJUSI Itlt'll/ilia l\\flt'I/ /'Y \ '(iliililY {'i"ilillt: u/"n/I \ j .)j)C{ it', GIO!" 28. R('!('\"ilnt tl'nm~hJJ)llwnt nllthorizatiOlHs) idt'mi!;! ,. h\//cdhy \ '1Ilit/iFy Idt lIIi/it J' hll/n/ hy \ 'olidil.1 29, TnlB':-."ihi )JlWllt information ('ollc('l'ning dOllol' \"('')''}('I<, YOIllt' F/u<..: Sial!' If) 1/11. S,)('(in Pnldll("' Caf{ II QUI/mil\, 101'/11 Ilf{ 'lIl ' I 30. [YHhmtion of offlon(/(,d \'atch ({IlHlntity) .)j)t'l'in trf/dut'l Catch QIII/IIl;ty (jIWllfiIY D(tkft'lIn' /1('I\I"(,(1l {11I{il/fifY !OI'IlI {//'{'(/! .\ I declared I~uhla(h'd (/t'dal'cd IIlId (/11II1I1iIY dc/crlllincd. it {il/Y 31. Catch )'(·tnhl<'d onboard I ( Hllutity) .Sj)('t'it' \ i-'rll<iIfCl Ct"lft'll QUl/llliIY (juallfity l>ittcrt'/lC(' h('I\\"('('/! 111I1I/HiTy fOflll (/1"('(/1,\/ dcdarnl /'t'taillt'd declared ti1ltl (11/(//I(il,\ tift(TlI/ill(d (t illly JJ.. EX<lmiuntiull of logbookh) illld otlwr }'('\ ,\'o C(III/J//(,IlI\ dO(,l)Ill('lltatiOll JJ, Complinnn' with llpplknbh:' (,'nh,'h ) "1'.\ So C,JlII/HCIl/I dOl'1I IlWllt ation stlU'I1I('! "i I J~, COIllJlliann' with applkahle tmdl' r(1 So CIII/III/I'II/I' information sdWIIH'! S) J5. TYI)(' of (!('al' 1Is('d I 36. G('011' l'X<lminNI in }"(I So c( Ill/flll'IIf,1 lH.'col'dall(,(' with paragl'aph (.) of .-\.lIll('X B J7. rindin.gs by Illsl){'('tor(~) JX. Apparent infri ng('lHl'llt(.,) HOtNI illduciing l'f.'f{'l'('Il(,{, to r('I{,Hlllt Il'gal instl'1I1Ill'lltl S.) I ) I I l \, I \ 179 ,11), CUlllllH'lIh hr tIH' llIil'-t{'J' ·HI. Al'tiun WI,l'll .. 1. \lw;,!l'r', 'IjgllHfIIH' "1. II~('l'foJ'·'" '1gIHlflll\' 180 SCHEDULE9B (Regulation 44(2)) PORT INSPECTION REPORT FORMAT - FIJI FISHING VESSEL MINISTRY OF FISHERIES AND FORESTS-DEPARTMENT OF FISHERIES BOARDING AND INSPECTION FORM FIJI LICENSED VESSEL FISHING WITHIN FIJI FISHERIES WATERS VESSEl ARRIVAL 0 VESSEl DEPARTURE 0 VESSEtt\AME Cot,IPA"Y!'.M,lE (APTAI),lS !'.AI,lE liCHlSEO r-,Ur.18ER SPECIES PRODUCT fORM ALBACORE ¥HtoWfl\ 81G EVE >'.','ORO FISH BtuE 1,~ARlI\ r,lAHlf,'AHI (lOARDIr..G OHlC£RjSj BOAROI~G DATE 60411.01\6 Tlr-IE DATE Of DEPARTURE DATE Of ARRIVAL fLAG OF REGISTRA1!OCJ PuPROSE OF VISIT CAT(HO~BOMD BY SI'HlES CATCH AREAlSj WEIGHT [KG\ I ~ FRI\'G E t,: E,'; TS/VIOLA TI 0"" S/OH ENe ES BOARDING OffICER!S] COI.1r.1t'H BOARDING OfFlCfRS SIG1';ATURE VESSfl SEAL (APTAINS SIG\ATURE IRes VEssn 1.IARkING Ale TYPEAtlOMODH Ale lOGGEOO:<l;YIN fiSH DISCARDED I I 181 SCHEDULE 10 IRegu/otioI138(4)) OBLIGATIONS OF OBSERVERS The following guidelines for the obligations of observers shall apply to observers placed on a licensed or authorised fishing vessel. The responsibilities of observers include (0) Being capable of performing the duties of an observer. (b) Acceptance and compliance with agreed upon confidentiality rules and procedures with respect to the fishing operations of the vessels and of the vessel owners. (c) Maintenance of independence and impartiality at al1 times whilst on duty. I d) Compliance with the laws and regulations of the State that exercises jurisdiction over the vessel. Ie) Respecting the hierarchy and general rules of behaviour that apply to all vessel personnel. (j) Performance of duties in a manner that does 110t unduly interfere with the lawful operations of the vessel and in carrying out their functions they shall give due consideration to the operational requirements of the vessel and shall communicate regularly with the captain or master of the vessel. Ig) Familiarity with the emergency procedures aboard the vessel, including the locations of life rafts, fire extinguishers, and first aid kits. (h) Communicating regularly with the vessel captain on relevant observer issues and duties. Ii) Promptly writing and submitting reports, 182 SCHEDULE II (Regulation 52) OFFENCES TO WHICH AN OFFSHORE FISHERIES FIXED PENALTY NOTICE APPLIES Section! Description of Offence Fixed Penalty Fixed Penalty Regulation for natural for cOJ1)Oration person or other entity s.23(1) & Use of a vessel for test or exploratory $3,000 $6,000 Reg. 18 fishing without the permission of the Permanent Secretary s.23(1) & Use of a vessel for test or exploratory $2,000 $4,000 Reg. 18 fishing in contravention of authorisation conditions s.24 Use, permits to be used or attempts to $10,000 $20,000 use of any explosive/firearm/poison! or other noxious substance or other prohibited items contrary to section 24(1) s.24 Caniage or possession of any explosive! $10,000 $20,000 firearm/poison/or other noxious substance contrary to section 24(1) s.24 Landing, sale or receipt of fish taken $10,000 $20,000 using a prohibited fishing item or method contrary to section 24(4) s.26 Use of a sport or recreational fishing $2,000 $4,000 vessel in the fisheries waters without a licence contrary to section 26(2) s.26 Use of a Fiji fishing vessel by a crew $1,000 $2,000 member for fishing!related activity! other activity in the internal waters! archipelagic waters/territorial seal exclusive economic zone without a licence or authorisation contrary to section 26(4) s.39(3) Failure to provide information required $1,000 $2,000 for the Record of Fishing Vessels contrary to section 39(3) s.41 & Reg. Fisheries scientific research in the $2,500 $5,000 19 exclusive economic zone without authorisation contrary to section 41(4) 183 Sectioni Description of Offence Fixed Penalty Fixed Penalty Regulation for natural jar corporation person or other elllity sAl & Reg. Fisheries scientific research in $2,000 $4,000 19 the exclusive economic zone in contravention of the laws of Fiji! conditions of authorisation contrary to sections 41(3) and (4) s.74 Failure to install a Mobile Transceiver $5,000 $10,000 Unit contrary to section 74(1) and (7) s.74 Failure to maintain a Mobile Transceiver $5,000 $10,000 Unit contrary to section 74(1) and (7) s.74 Failure to operate a Mobile Transceiver $5,000 $10,000 Unit contrary to section 74(1) and (7) s.74 Failure to consent to the monitoring of $5,000 $10,000 a Mobile Transceiver Unit contrary to section 74(1) and (7) s.77 Failure to comply with the requirement $4,000 $8,000 for port sampling contrary to section 77(2), (3) and (6) s.93 Interference with evidence contrary to $10,000 $20,000 section 93 s.l03 Removal of item in custody contrary to $5,000 $10,000 section 103(1) Reg. 3 Fishing within a prohibited area $10,000 $20,000 Fishing within a restricted area $10,000 $20,000 Reg. 4 Failure to comply with seasonal and $10,000 $20,000 species restrictions Reg. 5 Failure to comply with restrictions $10,000 $20,000 relating to endangered or protected fish species Reg. 6 Use of prohibited fishing gear $10,000 $20,000 Reg. 6 Use of prohibited fishing method $10,000 $20,000 Reg. 7 Failure to comply with an international $10,000 $20,000 conservation and management measure Offences relating to chartering, acquisition. modification and construction of fishing vessels Reg. 10 Failure to comply with the requirements $10,000 $20,000 of charter of a foreign fishing vessel Reg. 11 Failure to comply with the requirements $10,000 $20,000 of charter of a Fiji fishing vessel Section/ Regulation Reg. 12 Reg. 12 Reg. 49 Reg. 49 Reg. 13 Reg. 13 Reg. 13 Reg. 13 Reg. 14 Reg. 14 Reg. 13 Reg. 13 Reg. 13 Reg. 13 Reg. 21 Reg. 21 184 Description of Offence Acquisition! modification! construction of a fishing vessel without written authorisation Failure to comply with the terms and conditions of authorisation Offences relating to landings, imports and exports Landing catch without a permit Landing catch in contravention of conditions of landing permit Import of fish or fish products without a permit Failure to comply with the terms and conditions of an import permit Export of fish or fish products without a permit Failure to comply with the terms and conditions of an export permit Export of fish or fish products without a catch certificate Failure to comply with the terms and conditions of fi catch certificate Failure to provide true, complete and accurate information for the export of fish and fish products Failure to provide true, complete and accurate information for the import of fish and fish products Failure to comply with declared standards for the import or export of fish and fish products Failure to pay the "whole fish levy" Fishing ill contravention of licence terms alld conditions Failure to keep on board and display the original or certified copy of licence in the wheelhouse Failure to clearly display the international radio call sign or Flag State Registration number Fixed Penal/)' for natural person $10,000 $15,000 $3,000 $1,000 $2,000 $1,000 $3,000 $2,000 $3,000 $2,000 $3,000 $3,000 $3,000 $575 per tonne $1,000 $1,000 Fixed Penal/)' for corporation or other entity $20,000 $30,000 $6,000 $2,000 $4,000 $2,000 $6,000 $4,000 $6,000 $4,000 $6,000 $6,000 $6,000 $1,150 per tonne $2,000 $2,000 185 Sectioni Description of Offence Fixed Penalty Fixed Penalty Regulation for natural jo]' corporation person or other emity Reg. 21 Failure to submit daily catch reports $1,000 $2,000 after completion of a fishing trip Reg. 23 Failure to complete daily catch reports $1,000 $2,000 in the English language Reg. 23 Failure to provide true, complete and $2,000 $2,000 accurate catch records Reg. 21 Failure to land all fish taken in Fiji $5,000 $10,000 Reg. 21 Failure to allow an authorised officer $10,000 $20,000 to board the vessel in Fiji fisheries waters for the purposes of inspection and examination Reg. 21 Failure continuously monitor the $1,000 $2,000 international distress and calling frequency and the international safety and calling frequency Reg. 21 Failure to keep on board an up-to- $1,000 $1,000 date copy of the International Code of Signals Reg. 21 Discharge of any object or substance $5,000 $10,000 likely to cause damage to or detel'iomtion in the quality of the marine resources Reg. 21 Failure to store any object or $3,000 $6,000 substance likely to cause damage to or deterioration in the quality of the marine resources Reg. 21 Failure to maintain catch log $1,000 $2,000 Reg. 21 Failure to maintain engineer's log $1,000 $2,000 Reg. 21 Failure to maintain ship's log $1,000 $2,000 Reg. 21 Failure to maintain freezer log $1,000 $2,000 Reg. 21 Failure to appoint and maintain an $1,000 $2,000 agent resident in Fiji Reg. 21 Failure to comply with the requirements $1,000 $2,000 for vessel marking Reg. 21 Failure to provide notification of $1,000 $2,000 changes to information submitted in an application for a licence!authorisation! permit Fishing in contravention of licence $2,000 $4,000 terms and conditions - targeting other species Reg. 25 Failure to comply with condition of $5,750 $11,500 transfer of licence or authorisation Section/ Regulation Reg. 39 Reg. 39 Reg. 49 Reg. 34 Reg. 35 Reg. 36 Reg. 13 186 Description of Offence Fishing in contravention of licence terms and conditions - Fiji fishing vessel failing to provide vessel reports: (i) Wednesday report; (ii) at least 48 hrs prior to entry/exit from Fiji fisheries waters; (iii) at least 24 hrs prior to entry/exit from waters under jurisdiction of another State; (iv) at least 24 hrs prior to entry/exit to the port of another State; (v) at least 24 hI's prior to estimated time of entry into any designated fisheries port in Fiji; (vi) at least 24 hrs prior to estimated time of entry/exist from high seas areas identified as special management areas by a regional fisheries management organisation to which Fiji is a member; (vii) zone entry! exit notification; (viii) port entry/ exit notification; Fishing in contravention of licence terms and conditions - Foreign fishing vessel failing to provide vessel reports: (i) Wednesday report; (ii) at least 48 Ius prior to entry/exit from Fiji fisheries waters; (iii) at least 24 Ius prior to estimated time of entry into any designated fisheries port in Fiji; (iv) zone entry/exit notification; (v) port entry/exit notification; Failure to provide landing report in accordance with prescribed requirements Failure to provide transhipment report Failure to provide bunkering report Failure to provide provisioning report Failure to provide import/export report Fixed Penalty for natural perSOll $500 $500 $1,000 $1,000 $1,000 $3,000 $500 $500 $1,000 $500 $1,000 $500 $500 $1,000 $1,000 $500 $500 $1,000 Fixed Penalty for corporation or other entity $1,000 $1,000 $2,000 $2,000 $2,000 $6,000 $1,000 $1,000 $2,000 $1,000 $2,000 $1,000 $1,000 $2,000 $2,000 $1,000 $1,000 $2,000 187 Section/ Description oj Offence Fixed Penalty Fixed Penalty Regulation for natural for corporation person or other entity Minor offences relating to vessel monitoring system Reg. 21 Failure to report manually upon $1,000 $2,000 notification by the Director Reg. 32 Failure to comply with directives of $1,000 $2,000 the Director Reg. 32 Removal of a Mobile Transceiver Unit $3,000 $6,000 without prior permission of the Director Offences jar Related Activities s.78(3) & Transhipping without authorisation $4,000 $8,000 106(2) & Reg. 34 s.78(3) & Bunkering without authorisation $2,000 $4,000 106(2) & Reg. 35 s.78(3) & Provisioning without authorisation $2,000 $2,000 106(2) & Reg. 36 s.78(3) & Transhipping in contravention of $2,000 $4,000 106(2) & authorisation terms and conditions Reg. 34 s.78(3) & Bunkering in conttavention of $1,000 $2,000 106(2) & authorisation terms and conditions Reg. 35 s.78(3) & Provisioning in contravention of $1,000 $2,000 106(2) & authorisation terms and conditions Reg. 36 Minor Offences relating to ,authorised officers s.72 Failure to facilitate safe boarding of an $1,000 $2,000 authorised officer s.72 Failure to comply with instructions of $1,000 $2,000 an authorised officer s.72 Failure to produce valid documents $1,000 $2,000 requested by an authorised officer Reg. 37 Access or attempt to access the $1,000 $2,000 equipment ,journal or documents of an authorised officer on board the vessel Reg. 37 Damage, destruction or attempt to $1,000 $2,000 damage or destroy the equipment, journal or documents of an authorised officer 188 Section/ Description of Offence Fixed Penalty Fixed Penalty Regulation for natural for COlporafioll person or other entity Reg. 37 Failure to provide a translator $500 $1,000 Minor Offences relating to observers s.72(1) Failure to take an observer on board a $1,000 $2,000 vessel when required by the Director Reg. 38 Access or attempting to access the $1,000 $2,000 equipment ,journal or documents of an observer on board the vessel Reg. 38 Damage. destruction or attempt to $1,000 $2,000 damage or destroy the equipment, journal or documents of an observer Offences relating to lise of ports Reg. 42 Failure to comply with port notification $1,000 $2,000 requirement Reg.42 Entry and use of a designated port $5,000 $10,000 without written authorisation Reg. 42 Failure to comply with the condition of $1,000 $2,000 use and entry to port Reg. 43 Failure to give an authorised officer all $3,000 $6,000 necessary assistance and information (foreign fishing vessel inspection) Reg. 44 Failure to give an authorised officer all $2,000 $4,000 necessary assistance and information (Fiji fishing vessel inspection) Reg. 46 Failure to apply for inclusion on the $1,000 $2,000 Record of Fishing Vessels Using Ports in Fiji. Reg. 47 Failure to comply with a condition of $500 $1,000 inclusion on the Record of Fishing Vessels Using Ports in Fiji Offellces relating to Record of Offshore Fishing Companies Reg. 28 Failure to apply for inclusion on the $1,000 $2,000 Record of Offshore Fishing Companies Reg. 28 Failure to comply with the conditions $500 $1,000 of inclusion on the Record of Offshore Fishing Companies Reg. 28 Failure to provide true, complete and $500 $1,000 accurate information 189 Section/ Description of Offence Fixed Penalty Fixed Penalty Regulation for natural for cmporatioll person or other entity Offences relating to Record of Fish Processing Establishlnents Reg. 29 Failure to apply for inclusion on $1,000 $1,000 the Record of Fish Processing Establishments Reg. 29 Failure to comply with the conditions $500 $1,000 of inclusion on the Record of Fish Processing Establishments Reg. 29 Failure to provide true, complete and $500 $1,000 accurate information Offences relating to Record of Fish Exporters and Importers Reg. 30 Failure to apply for inclusion on the $1,000 $2,000 Record ofFish Exporters and Importers Reg. 30 Failure to comply with the conditions $500 $1,000 of inclusion on the Record of Fish Exporters and Importers Reg. 30 Failure to provide true, complete and $500 $1,000 accurate information Miscellaneolls Reg. 53 Failure to mark fishing gear (i) Radio beacon $500 $1,000 (ii) Float or Buoy $20 $40 (iii) Line shooter $500 $1,000 (iv) Spool/Main line hauler $500 1,000 (v) Branch line basket $100 $2,00 (vi) Fish Aggregating Device $500 $1,000 (vii) Branch line hauler $500 $1,000 (viii) Others $100 $2,00 Reg. 54 Failure to mark support craft (i) Skiff $1,000 $2,000 (ii) Helicopter $1,000 $2,000 (iii) Speed boat $1,000 $2,000 (iv) Others $500 $1,000 Reg. 55 Interference with fishing gear or $5,000 $10,000 support craft owned or operated by another person Reg. 55 Obstruction of fishing gear or support $5,000 $10,000 craft owned or operated by another person Section/ Regnlatioll Reg. 55 Reg. 55 Price: $5.40 190 Description of Offence Retrieval of fishing gear or support craft owned or operated by another person Possession of fishing gear or support craft owned or operated by another person Fixed Penalty for natural person $10,000 $10,000 S, NAVUNILAWA, Goremmenl Printer, Suva, Fiji-2014 Official PrinlerSinCt' 1883 Fixed Penalty for corporation or other entity $20,000 $20,000 6SfFGGSI14-900