Fisheries (Port State Measures) Regulations, 2024 (L.I. 2490)

, REPUBLIC OF GHANA FlSHERJES (PORT STATE l\IBASURES) REGULATIONS, 2024 . (L.I. 2490) • L.I. 2490 FISHERIES (PORT STATE MEASUR.ES) R.EGULATIONS, 2024 ARRANGEMENT OF REGULATlONS Reg11/atio11 Prelùninary Provisio11s l. Purpose of Regulations 2. Appliçation of Regulations Fishery Plans 3. Fisbery plan Importation and Registration of Vessels Engaged in Fislti11g and Fishing Related Activities 4. Requirements for the importation and registration of a Ghanaian vesse! engaged in fishing or fishing relatcd activities 5. Application for the importation of a vesse! 6. Statutory declaration regarding Illegal, Unreported and Uruegulated fislùng 7. Consideration of application for the importation of a vesse! 8. Approval of application for the importation of a vesse! 9. Validity of import permit 10. Renewal of import permit 1 I. Registration of a vesse! engaged in tishing or fishing related activities 12. International cooperation to combat Illegal, Unreported and Unregulated fishing Record of Fisfting Vessels . 13. Record of Fishing Vessels 14. Disclosure of information on vessels operating outside the fishery waters Licensing of Ve.sscls 15. Application of regulations 16 to 26 16. Application for a fishing licence for industrial fishing vesse! 17. Applicaci~n for a fishing licence for semi•industrial fishing ves~els [ f' i l L.I. 2490 2 FISHERIES (PORT STATE l\iIEASURES) REGULATIONS, 2024 18. Application for a fishing licence for a foreign fishing vcssel 19. Application for a licence to engage in fishing related activities 20. Verification of application 21. Terms and conditions of licence 22. Refusai, suspension, modification and cancellation of licence 23. Application for renewal of licence 24. Obligation to cany licence and authorisation on board 25. Falsification of information 26. English language as a medium of communication A11tltorisatio11 to Operate Outside the Fishery Ware,:s 27. Application for authorisation ro operate outside the fishe1y waters 28. Verification of information 29. Refusai to grant application for authorisation to operate outside the fishery waters 30. Conditions for the gram of authorisation to operate outside the fishcry waters 31. Variation of conditions of authorisation ro operatc outside the fishcry waters 32. Non-transferability of authorisation to opcrate outside the fishcry waters 33. Validity of aurhorisation to operate outside the fishery waters 34. Cancellation of authorisation to opcrate outside the fishery waters 35. Opcrating outside the fishery waters without an aurhorisation Fish Catch Data 36. Obligation to· provide fish catch data and catch information Tra11Sship111e11t 37. Authorisation for transshipment at port 38. Compliance with conservation and management measures and monitoring, contrai anèl surveillance measurcs 39. Refusai of authorisation to tranship 40. Comp!iance with transshipment authorisation 41. Documentation and srowage plan 42. Monitoring 3 L.I. 2490 FISHERŒS (POR.T STATE MEASURES) REGULATIONS, 2024 43. Transshipment at port, post-event reporring 44. Transshipment declaration on board 45. Transshipment subject to port State measures 46. Transshipment in the case of force majeure or distress 47. Otfences for contravention of transshipment provisions Complia11ce Meas11res 48. Dumping of fish 49. Vesse! sighting report 50. Observers 51. Identification of an observer 52. Powers of an authorised officer 53. Corruption or bribery attempt of an authorised officcr 54. Breach of duties by aurhoriscd officers, observers, employees or agents 55. Training of authorised officers 56. Duties of the master and crew towards authorised officers 57. Duty to provide safe passage for an authorised officcr 58. Dury to provide light at night on vesse! Mo11itori11g Mec/1anis111s 59. Fisheries Monitoring Centres 60. Application of regulations 61 to 69 61. Requirement to install and operate a vesse! monitoring system 62. Failure to report 63. Failure of ocher electronic monitoring system 64. Ownership of vesse) monitoring system infonnarion 65. Offences in respect of monitoring systems, devices and related duties 66. Guidelines 67. Fishing logbook or electronic fishing logbook 68, Routine inspections at sea and in port 69. Notification for entry in the fishery waters of the Republic Port State Meas11res 70. Application of regulations 71 to 85 71. Designation of ports L.I. 2490 4 FISHER.IES (PORT STATE l\iIEASURES) REGULATIONS, 2024 72. Prerequisites for port entry or use of port for foreign vesscls 73. Refusai of entry into port 74. Force majeure or distress 75. Prerequisites for port entry or use of port for Ghanaian vessels 76. Denial of use of port 77. Withdrawal of denial of use of port 78. Inspections of vessels in port 79. Conduct of inspection 80. Duties of the master and the crew during inspection 81. Transmission of inspection results 82. Derual of use of po1t after inspection 83. Prohibition to assist in the use of port in absence of authorisation or after denial 84. Entry into port or use of port without authorisation 85. Requirements in relation to Ghanaian vessels in port of other States Port State Meas11res Appeals Commit1ee 86. Establishment of the Port State :tvfeasures Appeals Committee 87. Members of the Committee 88. Functions of the Committee 89. Tenure of office of members of the Committee 90. Meetings of the Comrnittee 91. Disclosure of interest 92. Allowances Appeals Procedure .93. Submission of appeal 94. Consideration of appeal 95. Decision of the Com.mittee 96. Appeal to court Miscellaneous Provisions 97. Access to data 98. Importation of fish and fish products 99. [nterpretation 100. Revocation and savings 5 L.I. 2490 FISHERIES (PORT STATE MEASURES) REGULATIONS, 2024 SCHEDULES FIR.STSCHEDULE FORMONE lnfonnatio11 to be litcluded in Post Landing Catch Data Reporting FORMTWO Transshipment Declaration FORMTHREE Report of the Results of lnspectio11 SECOND SCHEDULE Gt1ideli11es for Training of Ohservers THIRDSCHEDULE J11spectio11 Procedurcs FOURTH SCHEDULE Report of Arrest of Fishi11g Vesse! FIFTHSCHEDULE Guidelines for the Trainir1g of Authorised Officers SIXTH SCHEDULE l11fonnatio11 to be Recorded Dai/y in Fishing Logbook or Electronic Fishing Logbook SEVENTHSCHEDULE lnfonnatio11 to be Provided in :Advance by Vesse/ Req11esti11g Pon E11try L.I. 2490 6 FISHERJES (PORT STATE MEASURES) REGULATIONS, 2024 IN exercise of the power conferred on the lviinister responsible for Fisheries by subsections (1) and (3) of section 139 of the Fisheries Act, 2002 (Act 625) and on the recommendations of the Fisheries Commission, these Regulations are made tlûs 13°' day of June, 2024. Prelimina,y Provisions Purpose of Regulations , l. The purpose of these Regulations is to (a) combat lllegal, Unregulated and Unreported fishing; {b) give effect to the implementation of the Port State Measures Agreement to deter, prevent, and eliminate lllegal. Unregulated and Urueported fishing; and (c) provide for the conservation, utilisation, and management of the fisheries resources. Application of Regulations 2. Exceptas otherwise specified in these Regulations, these Regulations apply to ail fishing and fishing-related vessels including (a) artisanal fishing vessels; (b) semi-industrial vessels; (c) industrial vessels; and ( d) foreign fishing vessels. Fishery P/a11s Fisliery plan 3. (1) A fishery management plan shall be prepared with a specific objective and the duration of the fishery plan specified in accordancc with provisions under the Act. (2) Where there is a change in policy arising out of an International Agreement or Convention, to which Ghana is a signatory, the Commission may modify the fishery management plan prepared under sections 42, 43, 44 and 45 of the Act to conform to the International Agreement or Convention. 7 L.I. 2490 FISHERJES (PORT STATE liŒASURES) REGULATIONS, 2024 Importation nnd Registratio11 of Vessels Engaged i11 Fishing and Fishillg Related Activiries Requirements for the importation and registration of a Ghanaian vessel engaged in fishing or fishing related activities 4. (I) Jn addition to the requirements under the Ghana Shipping Act, 2003 (Act 645) relating to the import and registration of vessels entitled to fly the flag of Ghana, the Director shall not recommend a fishing vesse! or vesse! engaged in fishing related activities to the Director­ General of the Ghana lVIaritime Authority to be imported or registered unless the addirional requirements in regulations 5 and 6 are fulfilled. (2) The provisions in regulations 5 and 6 do not apply to an artisanal fishing vesse!. Application for the importation of a vesse! 5. (J) A person who intends to import a vesse!, shall apply. in writing, to the Director. (2) An application under subregulation (1) shall be accompanied with the following documents: {a) where the import is for a newly built fishing vesse), the certificate of the original ship builder; (h) a certified copy of the latest licence or authorisation issued by the flag State; (c) a bill of sale or hire purchase agreement or other arrangements identifying the current owner as having legal, beneficial or financial interest in, or control of the vesse!; ( d) a bill of sale, hire pure hase agreement or other arrangements identifying the prior owner of the vesse! for the last three consecutive years; {e) any relevant documents to prove that the previous owner or operator has no further legal, benefidal or financial interest in, or control of, the vesse!; (/) a Company Certificate of Registration; (g) a valid Survey Certiticate; and (h) any other document tbat the Director may detemùne. L.I. 2490 8 FISHERIES (PORT STATE MEASURES) REGULATIONS, 2024 Statutory declaration regarding Illegal, Unreported and Unregulated fisbûig 6. Where a ve:isel bas been previously registered on another registry, an application under regulation 5 shall be accompanied with a statutory declaration in accordance with the Statutory Dec!arations Act, 1971 (Act 389) signed by the operator declaring that ( a) the vesse! has not been deleted from the previous registry of the vesse! due to the involvement of the vesse) in (i) Illegal, Unreported and Unregulated fishing; (ii) activities in support of lllegal, Unreported and Unregulated fishing; or (iii) activities resulting in the undermining of Ùltemational conservation and management measures; (b) there are no pending penalties or investigations from the flag State of that registry; (c) the vesse! is not encumbered by any third-party interest pursuant to a legal process in the former flag state, any coastal State or a regional fisberies management organisation; (d) the vessel has not been previously identified by any State or a regional fisheries management organisation to have engaged in lllegal, Unreported and Unregulated fishing; and (e) the vesse! is not currently or has not been previously listed on a list of vessels having engaged in Illegal, Unreported and Unregulated fishing or fishing related activities in support of lllegal, Unreported and Unregulated fishing adopted by a regional fisheries management organisation. Consideration of application for the importation of a vessel 7. The Director sha!l, on receipt of an application under regulation 5, (a) submit the application to the Minister responsible for Transport, for advice and verification of the safety and seaworthiness of the vesse!; and (b) recommend the refusai of the application wbere the vessel is on the list of vessels having engaged Ù1 illegal, Unreported and Unregulated fishing or fishing related activities in 9 L.I. 2490 FISHERJES (PORT STATE MEASURES) REGULATIONS, 2024 support of Illegal, U nreported and Unregulated fishing adopted by a regional fisheries management organisation. Approval of application for the importation of a vesse) 8. (1) The :tv1inister shall give approval based on the advice from the Director. (2) The advice of the Director shall be based on infonnation and documentation provided under subregulation (3), and the conditions specified under regulation 6. (3) Where the Minister receives an advice on the seaworthiness of the vesse! from the Minister responsible for Transport, the lviinister may in writing grant an import pe1mit for the importation of the vesse!. Validity of import permit 9. An import permit granted under regulation 8 is valid for twelve months from the dace of issue. Renewal of import permit 10. The Minister may renew the import permit issued under regulation 8 on the (cr) expiration of the impo1t permit, and (b) recommendation of the Commission. Registration of a vesse! engaged in fishing or fishing rclated activities 11. ( 1) The Commission shall carry out the registration of a vesse! engaged in fishing or fishing related activities as a Ghanaian vesse! in a manner consistent with the obligations of the Republic under any international or regional trcaty to which the Republic is a party, which is published in the Gazetre fo accordance with the Act, including (a) international conservation and management measures relating to effort and capacity limits; and (b) the prevention, deterrence, and elimination of lllegal, Unreported and Unregulated fishing. (2) A person who intends to register a vesse! as a Ghanaian vesse! engaged in fishing or fishing related activiries shall submit an application in writing accompanied with supporting plans, diagrams and drawings to the Director-General of the Ghana lvfaritime Authoricy and provide a copy of the application to the Director. L.I. 2490 10 FISHERIES (PORT STATE MEASURES) REGULATIONS. 2024 (3) An application under subregulation (2) shall indude the following infonnation: (a) the name of the vesse! and previous names, if any; (b) the port of registry of the vesse!; (c) a Company Certificate of Registration; (d) the previous flags of the vesse!, if any; (e) the deletion certificate of the vesse!, in the case of a previously registered vesse!; (/) the International Radio Call-Sign of the vesse!, and mobile maritime satellite identification number, if any: {g) the names, addresses and details of the beneficial owners and operators of the vesse!; (h) where and when the vesse! was built; (i) the type of vesse!; (j) the overall length of the vesse!; (k) the types of fishing methods and gear used on the fishing vesse!; (l) the rnoulded depth of the vesse!; (111) the bearn of the vesse!; (,1) the type and scope ofalterations to the vesse! since lirst built, if any; (o) a recent photograph of not more than six months of the vesse! if foreign built; (p) the International Maritime Organisation number of the vesse!; (q) the gross registered tonnage of the vesse!; (r) the horse power of the main engine of the vesse!; (s) the description of the navigation and position fixing equipment of the vessel; (t) the specifications of the vesse! morutoring system on the vesse!; (u) a valid Survey Certificate of the vesse!; (v) a Safety Certificate of the vesse!; (w) an Oil Pollution Prevention Certificate of the vesse!; (x) a Safe Manning Certificate of the vesse!; /1 1 1 1 1 i i 11 L.I. 2490 FISHERIES {PORT STATE MEASURES) REGULATIONS, 2024 {y) the processing equipment on the vesse!, if any; (z) the specifications of current fish storage holds and stowage areas; and (aa) any other information that the Director may require for the purposes of registration and for giving effect to the international obligations of the Republic. (4) In the case of a vesse! which has been previously registered on another registry, the application under subregulation (2) shall be accompanied with a statutory declaration on Illegal, Unreported and Unregulated fishing as specified in regulation 6. (5) The Director shall, within twenty-one days of receipt of the application, verify the information provided by the applicant under subregulation (3) and may consult with the following: (a) any regional fisheries management organisation; (b) relevant international organisations; (c} other States; and {d) any other sources that the Director considers appropriate and relevant. (6) Where the Director is satisfied that a vesse! fulli!s the requirements of these Regularions, the Director shall recommend the vesse! to the Ghana Maritime Authority for registration as a Ghanaian vesse!. (7) The Director shall not recommend a vesse! to the Ghana Maritime Authority for registration as a Ghanaian vesse! where {a) the information required in subregulation (3) has not been provided; or {b) there is an adverse finding in respect of any of the grounds specified under subregulation (1). International cooperation to combat lliegal, Unreported and Umegulated fishing . 12. The Commission shall cooperate with the authorities of other States, regional fisheries management organisations and relevant international organisations as appropriate, in the investigation and the prosecution of alleged Illegal, Unreported and Unregulated fishing activities of a foreign vesse! and a vesse! flying the flag of Ghana. L.I. 2490 12 FISHERIES {PORT STATE MEASURES) REGULATIONS. 2024 Record of Fishi11g Vessels Record of Fishing Vessels 13. (1) The Director shall keep and maintain a record of vessels engaged in fishing or fishing related activities licensed or authorised to operate within or outside the fishery waters of the Republic. (2) The record un der subregulation ( 1) shall be known as the Record of Fishing Vessels and shall contain the following infonnation: (a) the name of the fishing vesse! and previous names, if any; (b) the registration numbers and port of registry of the fishing vesse!; (c) the previous flags of the fishing vesse!, if any; (d) the International Radio Call-Sign of the fishing vesse!; (e) the International Maritime Organisation number of the fishing vesse! where applicable; (/} the names, addresses and details of the benefic:al owners of the fishing vesse! if different from the legal owners; (g) the opera tors of the fishing vesse!; (h) the date and place that the fishing vesse! was built; (i) the type of fishing vesse!; (j) the overall !ength of the fishing vesse!; (k) the types of fishing method and gear used by the fishing vesse!; (/) the moulded depth of the fishing vesse!; (111) the beam of the fishing vesse!; (11) the type ang scope of alterations to the fishing vesse! since first built, if any; (o) the gross tonnage of the fishing vesse!; (p) the horse power of the main engine of the fishing vesse!; (q) the navigation and position fixing equipmenr of the fishing vesse!; (r) specifications of the equipment of the vesse! monitoring system; (s) processing equipment on the fishing vesse!, if any; (t) the specifications of current fish storage holds and stowage areas: and ,. , 13 L.I. 2490 FISHERIES (PORT STATE MEASURES) REGULAT/ONS, 2024 (u) any other information that the Commission may require for the purpose of giving effect to international conservation and management measures. (3) Where a Ghanaian vesse! is authorised to operate outside the fishery waters of the Republic pursuant to regulation 30, the Director shall require the following additional information: (a) in the case of fishing in the fishery waters under the jurisdiction of another Stare, the name, postal address, telephone number, fax number and electronic mail address of the issuing authority: (b) the intendcd area of operation; and (c) the species targeted by the fishing vesse!. Disclosure of information on vessels operating outside the fishery waters 14. For purposes of compliance with regional or international obligations of the Republic, the Director may, on request in writing by a foreign govemment, international organisation or regional organisation, provide information on vessels operating outside the fishery waters of the Republic including (o) alterations in relation to a vesse!; (b) withdrawal of authorisation given to a vesse! to fish or en­ gage in fishing related activiries; or {c) a vesse! that is not eatitled to fly the flag of Ghana. Licensù1g of Vessels Application ofregulations 16 to 26 15. Unless otherwise specified, regulations 16 to 26 apply to (a) a Ghanaian industrial or semi-industrial fishing vesse!; or (b) a Ghanaian vesse! engaged in fishing related activities, and (c} a foreign vesse! engaged in fishing or fishing related activities. Application for a fishing licence for industrial fishing vessel 16. (1) A person who intends to opera te an industrial fishing vesse! shall apply to the Director for a fishing licence for industrial fishing vessels. L.I. 2490 14 FISHERIES (PORT STATE MEASURES) REGULATIONS, 2024 (2) An application under subregulation ( 1) shall be in writing accompanied with the following documents: (a) certificates of insurance of crew; (b) certificates of insurance for machinery and hui!; (c) a Safecy Radio Certificate; ( d) the certificate of Ghanaian registrarion; (e) an International Oil Pollution Prevention Certilicate; (f) a Conditional Survey Report; (g) a tax clearance certificate; (h) contracts of crew approved by the Ghana Maritime Authority; (i) evidence of registration with the Social Security and National Insurance Trust for Ghanaian crew; (j) a complete crew list; (k) a report from the Monitoring, Contre! and Surveillance Division; (/) a gear inspection report, where applicable; (m) a sanitary inspection report; (n) a certificate of fumigation or disinfestation, as relevant; (o) a hire purchase agreement or bill of sale; (p) the current shareholding certificate; (q) a medic:al chest certificate; (r) a maritime labour certificate; (s) a safety construction certificate; (t) a loadline certificate; (11) catch records, where applicable; (v) fish exports for the previous quarter, where applicable; (w) a safety equipment certificate; • (x) the amount of foreign exchange eamed and evidence of the repatriation of the foreign exchange, where applicable; (y) evidence of Persona! Remittance Quota for Expatriates, where applicable; and (z) any other information that the Director may require. (3) The Director shall not recommend the issuance of a fishing licence for a vessel to the Minister unless pre-licensing inspections are canied out for the purpose of verifying (a) the specifications, gear and equipment of the vesse!; 1 1 • [5 L.I. 2490 FJSHERJES (PORT STATE MEASURES} REGULATIONS, 2024 (b) the documents of the vesse!; (c} the markings of the vesse!; and (d) the crew list and nationality of persons on board. Application for a fishing lice.ace for sem.i-industrial fishing vessels 17. ( 1) A pers on who intends to opera te a semi•industrial fishing vesse! shall apply to the Director for a fi.shing licence for a semi•industrial fishing vesse!. (2) An application under subregulation (1) shall be in writing and accompanied with (a) the following documents: (i) certificates of insurance of crew; (ii) certificates of insurance for machinery and hull; (iii) a conditional survey report of vesse! and the machinery of the vesse!; (iv) a tax clearance certificate, where applicable; (v) evidence ofregistration with the Social Security and National Insurance Trust for the crew, where applicable; (vi) a complete crew list; (vii) a report from the Monitoring, Control and Surveillance Division; (vw) a gear inspection report; {ix) a sanitary inspection report; (x) prÔof of ownership; (xi) first aid kit for the crew; (xii) safety equipment; and (x:iii) any other information that the Director may require; and (b) the prescribed fees. Application for a fishing licence for a foreign fishing vesse! 18. (1) A person who intends to operate a foreign fishing vesse! shall apply to the Director for a fishing licence for a foreign fishing vesse!. L.I. 2490 16 FISHERJES (PORT STATE MEASURES) REGULATIONS, 2024 (2) An application under subregulation (1) shall be in writing and accompanied with (a) the following documents: (i) certifica1es of insurance of crew; (ii) a certified copy of the Flag State Registration certificate, (iii) cercificates of insurance for machinery and hui!; (iv) a safety radio certificate; (v) an international oil pollution prevention certificate; (vi) a survey certificate of vesse! and the machinery of the vesse!; (vii) the tax clearance certificate of the agent; (viii)the crew lise; (ix) a certified copy of the latest authorisations issued by the flag or coastal State; (x) any relevant documents showing the legal, bcneficial or financial interest in, or contrai of, the vesse!; (xi) catch records, where applicable; (xii) a safety equipment certificate; and (xüi) any other information that the Director may require; and {b) the prescribed fees. (3) The Director shall not recommend the issuance of a fishing licence to a vesse! to the lviinister unless pre-licensing inspections are carried out for the purpose of verifying (a) the specifications, gear and equipment of the vesse(; (b) the documents of the vessels; (c) the markings of the vesse!; {d) the crew list and nationality ofpersons on board the vesse!; (e) the Flag State Registration certificate; (/) the Flag S1a1e survey certificate; and (g) the authorisati9n 10 fish granted by the Flag State. (4) Where an operator of the foreign fishing vesse! is unable to present the vesse) for a pre-licensing inspection, the Director may request the Flag State of the vesse! to undertake the pre-licensing inspection for the purpose of verifying infonnation specified in subregulation (3). 1 J l 17 L.I. 2490 FISHERIES (PORT STATE MEASURES) REGULATIONS, 2024 Application for a licence to engage in fishing related activities 19. (1) A person shall not use a vesse! to engage in fishing related activiries without a licence. (2) A person who intends to engage in fisbing related activities under the Act shall apply to the Direcror for a licence, (3) An application under subregulation (2) shall (a) be in writing; and {b) be accompanied with (i) the documents listed under regulations 16, 17 or 18, as applicable; and {ii) the prescribed fees. Verification of application 20. (1) The Director shall verify the information provided by the applicant under regulation 16, 17 or 18 within fifieen days after receipt of the infonnation, and may consult with the following: (a) any regional fisheries management organisation; (b) any relevant international organisation; (c) the Flag State and any other relevant State; ( d) non-govemmental orgarusations with an interest in fisberies matters; or (e) any other sources the Commission considers appropriate and relevant. (2) Where the Director is satisfied that the infonnation provided has been verified, the Director shal! (a) enter the details of the vesse! in the Record of Fishing Vessels; and (b) issue the licence. Terms and conditions of licence 21. (1) The Director shall attach terms and conditions to a licence including, where applicable, (a) the fisheries in wlùch-the vesse! is licensed to operate; (b) the fisb.ing areas in which the vesse! may operate; (c) the fishing period at which the vesse[ may operate; ( d) the fishing opera rions, methods and fishing gear that the vesse! may use; L.I. 2490 18 FISHERIES (PORT STATE MEASURES) REGULATIONS, 2024 (e) the maximum weight of fish catch that the vesse! may take over the period of the licence, for each specified fish species or in aggregate; (/) the deployment of fish aggregating devices; (g) measures to be taken to avoid catching non-targeted species; (h) the requirement to have an electronic monitoring system on board; (i) the requirement to have an approved vesse! monitoring system on board; (j) the requirements for reporting the catch of target, non­ target species and discards induding the quantity and product form; (k) the requirement to have an observer on board the vesse!; and (/) any other condition the Director considers relevant. (2) The Director may attach terms and conditions to a licence as considered necessary or expedient for the purpose of giving effect to (a) international conservation and management measures adopted by regional fisheries management organisations ro which the Republic is a member; or (b) treaties or arrangements to wlùch the Republic is a party. (3) A person who contravenes the terms and conditions of a licence commits an offence and is liable on summary conviction to a fine of not Jess than one million United States Dollars and not more than two million United States Dollars. Refusai, suspension, modification and cancellation of licence . 22. ln addition to the conditions specificd under subsection (2) of section 76 of the Act, the Dircctor shall recommend the refusai, suspension, modification or cancellation of a licence, where (a) the Director bas reason to believe that the vesse! (i) has engaged in lllegal, Unreported and Unregulated fishing; or (ii) is on a list of vessels having engaged in lllegal, Unreported and Unregulated fishing or fishing related activities in support of lllegal, U nreported 19 L.I. 2490 FJSHERJES (PORT STATE MEASURES) REGULATIONS, 2024 and Unregulated fishing adopted by a regional fisheries management organisation; (b) it has been escablished that the vesse! has been involved in (i) Illegal, Unreported and Unregulated fishing; or (ii) a violation of an international conservation and management measure, unless ail outstanding sanctions imposed underGhanaian law or any othcr law in respect of the violation have been complied with; or (c) a vesse! was previously licensed by another State and that State has {i) suspended the licence of the vesse! because the vesse! undennined the effectiveness of international conservation and management measures and the suspension has not expired; or (ii) within the last three years preceding the application for a licence under these Regulations, withdrawn the licence because the vesse! undermined the elfectiveness of international conservation and management measures. Application for renewal of licence 23. (1) A person who wishes to renew a licence issued under paragraph (b) of subregulation (2) of regulation 20 shall submit an application for renewal in writing to the Director. with (2) An application under subregulation (!) shall be accompanied (a) the documents specified in subregulation (2) of regulation 16, subregulation (2) of regulation 17 or subregulation (2) of regulation 18, as applicable; and (b) the prescribed fees. Obligation to carry licence and authorisation on board 24. (1) The operator or master of a vesse! shall carry on board original copies of ail licences and authorisations issued for the purpose of fishing or fishing related activities. L.I. 2490 20 FISHERJES {PORT STATE MEASURES) REGULATIONS, 2024 (2) A person who contravenes subregulation (1) commits an ofîence and is liable on summary conviction to a fine of not less than one million United States Dollars and not more than two million United States Dollars. Falsification of infonnation 25. A person who provides false or misleading information to secure the licensing of a vessel comnùts an offence and is liable on summary conviction to a fine of not less than one million United States Dollars and not more than rwo million United States Dollars. English language as a medium of communication 26. (1) The master or the second officer of an industrial vesse! shall be persons who can read, write and speak the English Janguage. (2) A person who operates a vesse! in the fishery waters of the Republic shall keep on-board official translations in the English language of ail relevant documents where the originals of the documents are in a language other than English. A11thonsation to Opemte Outside the Fishe,y Water.s Application for authorisation to operate outside the fishery waters 27. (1) An operator of a Ghanaian vesse! who intends to use the vesse! for fishing or fishing rclated activities outside the fishery waters of the Republic shall apply to the Director for authorisation. (2) An application for authorisation under subregulation (1) shall be in writing and accompanied with {a) evidence of a licence to operate in the fishery waters under the jurisdiction of another State; (b) an expression of intent to operate on the high seas; and (c) the infonnation specified in subregulations (2) and (3) of regulation 13. (3) The Director shall, within thirty days of receipt of the application under subregulation (1), give notice to the applicant of the decision of the Director. • Verification of information 28. ( 1) The Director shall verify the information provided in regulation 2 7 within fourteen days after receipt of the information. 21 L.I. 2490 FISHERJES (PORT STATE MEASURES) REGULATIONS, 2024 (2) Where the Director is satisfied that a vesse! bas provided the information specified in regulation 27, the Director shall update the details of the vesse! in the Record of Fishiog Vessels. Refusai to grant application for authorisation to operate outside the fishery waters 29. In addition to the conditions specified under subsection (2) of section 76 of the Act, the Director shall not grant an application for an authorisation to operate outside the fishery waters of the Republic, where ( a) the Director has reason to believe that the vesse! (i) has engaged in Illegal, Unreported and Unregulated frshing; or (ii) is on a list of vessels having engaged in Illegal, Unreported and Unregulated fishing or fishing related activities in support of Illegal, Unreported and Unregulated fishing adopted by a regional fisheries management organisation; (b) it has been established that the vesse! has been involved in (i) lllegal, Unreported and Unregulated fishing in the fishery waters of another State; or {ii) a violation of an international conservation and management measure, unless ail outstanding sanctions imposed under Ghanaian law or any other law in respect of the violation has been complied with; (c) the Director determines that the responsibilities of the Republic cannot be exercised effecrively under applicable international conservation and management measures in respect of the fishing vesse!; or ( d) a vesse! was previously authorised to be used for fishing by another State and that State has (i) suspended the authorisation te operate outside the fishery waters because the vessel undennined the effectiveness of international conservation and management measures and the suspension has not expired; or • L.I. 2490 22 F/SHERJES {PORT STATE MEASURES) REGULAT/ONS. 2024 (ii) within the last three years preceding the application for an authorisation to operate outside the fishery waters under these Regulations, withdrawn the authorisation becausc the vesse! undermincd the effectiveness of international conservation and management measurcs. Conditions for the grant of authorisation to operate outside the fishery waters 30. (1) An operator of a vesse! who is granred authorisation to operate outside the fishery waters undcr these Regu!ations shall (a) not use the vesse! to engage in an activity which undermines the effecti veness of internationa I conservation and management measures; (b) comply with the laws of another State in respect of any fishing or other licences issued by tbat State; and {c) comply with the provisions of (i) regu!ation 36 on the obligation to provide fish catch data and catch information; and (ü) regulations 61 to 65 on vesse! monitoring system and electronic monitoring system. (2) Without limiting subregulation (1 ), the Director may attach additional conditions to the authorisation to operate outside the fishery waters as are neccssary to implement the international fisheries obligations of the Republic including (a) the area in which fislùng is authorised; (b) the period, time or particular voyage during which fishing is authorised; (c) the fisheries in which the vesse! is authorised to operate; (d) the methods of fishing to be undertaken and types of gear to be used; (e) the marking of gear: (/) a rcquirement that the fishing vesse! carry observers onboard during fishing operations on the high seas: {g) a requirement that access be pennitted to foreign observers; 1 -1 1 23 L.I. 2490 FISHERIES (PORT STATE MEASURES) REGULATIONS, 2024 (h) a requiremeat that vesse! monitoring equipment be carried, and the requirements goveming the operation of the vesse! monitoring equipment; (i) the measures to be taken to avoid catching non-targeted spec1es; (j) the requirements for recording and timely reporting of the position of the fishing vesse!, catch of target and non-target species, fishing effort and other relevant fisheries data; (k) the requirements for reporting the catch oftarget, non-targe! species and discards including the quantity and product fonn; (l) the requirements for transshipment; (m) the stowage of gear; {11) applicable international conservation and management measures; and (o) any other condition the Director considers relevant. Variation of conditions of authorisation to ope-rate outside the fishery waters 31. (1) The Director may vary a condition attached to an authorisation to operate outside the fishery waters where the Director is satisfied that it is necessary to ensure compliance with the international obligations of the Republic. (2) Where the Director varies a condition attached to an authorisation to operate outside the fishery waters, (a) the Director shall, within five days, give notice of the variation to the holder of the authorisation; and (b) the holder of the authorisation shall comply with the conditions within thirty days after notification of the variation. (3) Where it is necessary to implement international conservation and management measures in relation to the living marine resources in the fishery waters of the country and on the high seas as a matter of urgency, the Director may require the holder of the authorisation to opcrate outside the fishery waters to comply with the new conditions within a period spccified by the Director. , L.I. 2490 24 FISHERIES (PORT STATE MEASURES) REGULATIONS, 2024 Non-transferability of authorisation to operate outside the fishery wnters 3.2. (1) An authorisation to operate grantcd under these Regulations is nut transferable. (2) A person who contravenes subregulation (!) commits an offence and is liable on summary conviction to a fine of not less than one million United States Dollars and not more than two million United States Dollars. Validity of authorisation to operate outside the fishery waters 33. An authorisation to operate outside the fishery waters (a) is valid for a period of one year from the date of issue, and (b) may be renewed subject to the conditions dctennined by the Director. Cancellation of authorisation to operate outside the fisbery waters 34. The Director may cancel an authorisation to fish outside the fishery waters where the Director has reason to believe that (a) it is necessary or expedient to do so for the conservation or management of living marine resources; or (b) the vesse! has been engaged in lllegal, Unreported and U nregulated fishing. Operating outside the fishery waters without an authorisation 35. A person who uses a vessel to engage in fishing or fishing related activities outside the fishery waters of the Republic without a valid authorisation to operate outside the fishery watelS issued by the Director commits an offence and is liable on summary conviction to a fine of not less than one million United States Dollars and not more than two million United States Dollars. Fish Catch Data Obligation to provide fish catch data and catch information 36. (1) An operator of a Ghanaian fishing vesse! fishing within or outside the fishery waters of the Republic. or of a foreign fishing vesse! fishing within the fishery waters of the Republic shall provide to the Di.rector, withi.n fifteen days from the end of each fishing trip, (a) fish catch data as set out in Fonn One of the Fi.rst Schedule; . and 25 L.I. 2490 FISHERJES (PORT STATE MEASURES) REGULATIONS, 2024 (b) any other information in relation to the fishing and related activities of the fishing vesse!, that the Director may require. (2) An operator of a Ghanaian fishing vesse! who conrravenes subregularion (1) commits an offence and is liable on summary conviction to a fine of not less than one million United States Dollars and not more than two million United States Dollars. Transsltipmcnt Autborisation for transshipment at port 37, (1) An operacor of a foreign vesse! engaged in fishing or fishing related activities which intends to undertake transslùpment operations in a designated port in Ghana or a Ghanaian vesse! engaged in fishing or fishing related activities which intends to undertake transshipment operations in a designated port in Ghana or in a designated port of another State, shaU comply with the following requirements: (a) provide a seventy•two hours' advance request for authorisation in writing to the Director of the intent to undertake a specific transshipment, indicating the date, rime and location of the planned transshipment event; (b) in the case of a donor vesse!, the operator shall report (i) the quantiùes offish onboard prior to the transslùpment event, including regulated species, and any bycatch; and (ii) the quantities of fish to be transhîpped, including regulated species, and any bycatch, by species and product form and catch area; (c) in the case of a receiving vesse!, the operator shall repori the quantities of fish onboard prior to the transshipment event, including regulated species, and any bycatch; and (d) receive authorisation from the Director to proceed with the requested transslùpment event, in accordance with regulation 38. {2) ln addition to the requirements specified in subregulation (1), where a Ghanaian vesse) engaged in fishing or fishing related activity intends to undertake transslùpment operations in a designated port in L.I. 2490 26 FISHERJES (PORT STATE MEASURES) REGULATIONS, 2024 Ghana or in a designated port of another State, the Director shall not issue an authorisation where the vesse! requesting authorisation (a) is not included in the vesse! authorisation records of {i) the relevant regional fisheries management organisation; or (ii) the Global Record of Fishing Vesse!, Refrigerated Transport Vessels and SuppJy Vessels; and (b) does not have an International :Maritime Organisation number, while being eligible to receive one. Compliance with conservation and management measures and monitoring, control and surveillance measures 38. Where the requesting vesse! under regulation 37 is a Ghanaian donor vesse!, the Director shall, before authorising the transshipment event, verify the compliance of the vesse! with (a) relevant conservation and management measures, and (h) monitoring, control and surveillance measures, including (i) vessel monitoring system reporting, and {ii) other applicable monitoring and observer coverage requirements. Refusai of authorisation to tranship 39. The Director shall refuse the request for transshipment, where (a) the vesse! requesting authorisation will act both as donor and receiving vesse! for a given trip beginning with a port exit and ending with the next port of entty; (b) any of the vessels involved appearon a list of vessels having engaged in lllegal, Unreported and Unregulated fishing or fishing related activities in support of Illegal, Unreported and Unregulated fishing adopted by a regional fisheries management organisation; (c) there is rea'son to believe that the vesse! has engaged in Illegal, Unreported and Unregulated fishing or fishing related activities in support of Illegal, Unreported and Unregulated fishing; I 1 ' 27 L.I. 2490 FISHERIES (PORT STATE !.tfEASURES) REGULATIONS. 2024 (d) the vesse) requesting autborisation does not have an approved vesse! monitoring system and other electronic monitoring systems onboard as required; (e) the vesse! requesring authorisation has an approved vesse! monitoring system onboard which was not fully functional at ail times or, has not transmitted vesse! monitoring system information hourly from port exit to port entry; or (/) the vessel requesting authorisation has a required electronic monitoring system onboard, as applicable, which was not fully functional at ail times. Compliance with transshipment authorisation 40. (1) An operator of a vesse! authorised to tranship in a port in Ghana shall on receipt of the authorisation to proceed with the requested transshipment, comply with the procedures spedfied in these Regulations, or as may be required by the Director, including placement of an authorised officer and an observer on board before and during transshipment, to (a) obtain and verify data, including data on the quantity and species transhipped; and (b) determine when transshipment has been completed. (2) An operator of a Ghanaian fishing or support vesse! which intends to engage in transshipment in waters under the jurisdiction of another State or regional fisheries management orgarusation area shall comply with any requirements of that relevant State, including obtaining authorisation. , - ·-f)ucon1tlit~tion·mut·stowage·}'t2rr-·-- - .. ~ --- .... .. ,.. - --.J-.... --.,-..... 41. ( 1) An operator of.a Ghanaian support vesse!, which receives fish from more than one donor vesse! sha!I store the fish and related documentation from each donor vesse! separately, according to a stowage plan allowing to distinguish from which donor vesse! each part of the fish comes from. (2) The stowage plan and other documents showing the location and the quantities of species received from each donor vesse! shall be maintained up to date. (3) The documentation under subregularion (2) shall be retained on board until the vesse! has been uruoaded completely and provided to the Director and relevant port and coastal State authorities when required. L.I. 2490 28 FISHERIES (PORT STATE MEASURES) REGULATIONS, 2024 Monitoring 42. Every transshipment in a Ghanaian port shall occur under the supervision of an authorised officer under procedures as required by the Director. Transshlpment at port, post-event reporting 43. (1) The operator of a donor or receiving vesse! involved in transshipment shall log the event in accordance with the transshipment declaration as set out in Fonn Two of the First Schedule. (2) The transshipment declaration undcr subregulation (1) shall be submitted to the Director within twenty-four heurs after being made. Transshipment declaration on board 44. (1) An operator of a vesse! shall maintain onboard record that includes each transshipment declaration as set out in Form Two of the First Schedule. (2) A copy of the transshipment dcclaration as set out in Fo1m Two of the First Schedule shall accompany the transhipped fish on the recciving vesse!. Transshipmcnt subject to port Statc measures 45. Transshipment operations in a port in Ghana shall be subject to port State measures (a) specified in regulations 70 to 85; and (b) any othcr requirements determincd by the Director, as relevant. Transshipment in the case of force majeure or distress 46. ( 1) Nothing in the Act or these Regulations prevents a donor and receiving vesse! from transhipping in a case of force majeure or distrcss. (2) The Director may grant a vesse! that falls within the scope of these Regulations an authorisation to tranship, at sea or in port, in a case of force majeure or distress, provided that the vesse! complies with reporting and monitoring requirements specified in regulations 41 to 45. (3) The vesse! shall, share within a reasonable timeframe, {a) the transshipment declaration as set out in Form Two of the First Schedule, and , 29 L.I. 2490 FISHERJES (PORT STATE MEASURES) REGULATIONS, 2024 {b) a report detailing the cirçumstances giving rise to force majeure or distress, to relevant States and regional fisheries management organisations. Offences for contravention of transshipment provisions 47. An operator of a vesse! who contravenes regulation 37, 40, 41, 43 or 44 commits an offençe and is liable on summary conviction to a fine of not less than one million United States Dollars and not more than two million United States Dollars. Comp/iance Measures Dumping of fish 48. ( 1) A vesse! under the authority of a licence or an authorisation issued for commercial fishing shaU not dump from the vesse!, fish that has been caught which is suitable for human consumption. (2) A persan fishing under the authority of a licence or an authorisarion issued for persona) use or for seafood shall not dump fish that has been caught which is suitable for human consumption. (3) A persan or a vessel that contravenes subregulation (1) or (2) commits an offence and is liable on summary conviction to a fine of not less than two hundred penalty units and not more than five hundred penalty uruts or to a term ofimprisonment ofnot Jess than one year and not more than three years or to both. VcsseI sighting report 49. (1) A vesse! or person shall report immediately by any means available, to the appropriate authority, the sighting of a vesse! that appears to. be engaged in illegal activities in the fishery waters of the Republic. (2) Where the information given in the vesse! sighting report leads to the arrest, prosecution and conviction of a persan involved in the illegal fishing, the informant shall be rewarded with an amount of not more than five percent of the fine imposed. Observers 50. {l) An observer appointed under section 100 of the Act shall have the following qualifications: (a) a mirumum of a senior high school certificate; L.I. 2490 30 FISHERJES {PORT STATE MEASURES) REGULATIONS, 2024 (b) training or academic background in fisheries or marine science, where applicable; (c) basic safety and security training; ( d) medical certification stating physical and mental fitness for work as an observer; (e) basic computer skills; and (/) a minimum of three years' experience in the fisheries sector and specifically in the collection of catch and effort data, taking samples of fish for scientific purposes and compliance, where applicable. (2) In the continuous training of observers, the guidelines set out in the Second Schedule shall be taken into account. Identification of an observer 51. (1) The Commission sball provide an observer with a fonn of identification specifying the name and designation of the observer. (2) An observer shall show the identification of the observer on request to the master of the vesse! or any member of the crew. Powers of an authorised officer 52. (1) For purposes of ensuring compliance with the Act and the Regulations, an authorised officer may board a vesse! found within the fishery waters for inspection. (2) In addition to the powers under section 96 of the Act, an authorised officer may ( a) order the vesse! to stop or manoeuvre as directed for the purpose of identification or boarding; (b) require the rnaster to facilitate the boarding of the vesse! by ail appropriate and safe means; (c) inspect the monitoring or track:ing device, communication equipment, fish locating or monitoring equipment of a vesse! and a.iiy other equipment on board the vesse!; and (d) conduct a search, an examination or an enquiry which the authorised officer considers necessary to detem1ine whether any provision of the Act or these Regulations have been contravened. • 3 l L.I. 2490 FISHER.LES (PORT STATE MEASURES) REGULATIONS, 2024 (3) An authorised officer shall, for every inspection conducted, (a) fi1I the inspection fonn as set out in Form 1bree of the Fust Schedule; and (b) comply with inspection procedures as set out in the Third Schedule. ( 4) Where a vesse! is an-ested, the authorised officer in the arrested vesse! shaU comply with the reporting procedures and fill out the report of arrest as set out in the Fourth Schedule. Inducement or bribery attcmpt of an authorised officer 53. An operator who (a) induces, {b) bribes, or (c) attempts to induce or bribe, an authorised officer in the exerdse of the functions commits an offence and is liable on summary conviction to a fine of not less than one million Uruted States Dollars and not more than two million United States Dollars. Breach of duties by authorised officers, observers, employecs or agents 54. (1) An authorised officer, or other person, observer, employee or agent acting on behalf of or canying out functions under the Act or these Regulations who lawfully does, partly does, or omits to do any act in pursuance or intended pursuance of any functions, powers or duties conferred by or under this Act shall not be subject to any legal action, or civil or criminal liability with respect to the act, whether on the grounds of mistake of law or fact, or any other grounds, unless the act, or omission to act, was done in bad làith without reasonable cause. (2) Where an authorised officer or other person, cmployee or agent acting on beha!f of or carrying out functions under the Act or these Regulat:ions breaches the duty to act in conformity with the provisions of the Act or these Regulations in bad faith without reasonable cause, the authorised officer or person commits an offence and is liable on summary conviction to a fine of 001 Jess than two hundred penalty units and not more than five bundred penalty units or to imprisonment of a term not less than one year and not more tban three years or to both. L.I. 2490 32 FISHERIES (PORT STATE MEASURES) REGULATIONS, 2024 Trainiag of authorised officers 55. ln the continuous training of authorised officers, the guidelines set out in the Fifth Schedule shall be taken into account. Duties of the master and crew towards authorised officers 56. ( 1) The master and crew of a vesse! shall provide a boarding ladder ro enable an authorised officer to embark and disembark safcly at sea and in port. (2) The boarding ladder shall be (a) kept clean and in good order; and (b) positioned and secured (i) to keep the boarding ladder clear of any possible discharges from the vesse!; (ii) to keep the boarding ladder clear of the liner lines and as far as practicable in the mid !ength of the vessel; {iii} in such a manner that each step rests linnly against the side of the vessel; and (iv) in such a manner that the length is according to the freeboard of the vesse!. (3) The steps of the boarding ladder shaU (a) be made of hardwood or other material of equivalent property, made in one piece, free of knots and the four ~owest steps may be made of rubber of sufficient strength and stiffness, or of other suitable material of equivalent characteristics; (b) have an efficient non-slip surface; (c) be nol Jess chan four hundred and eighty mil!imetres long, one hundred and fifteen millimetrcs wide and t\venty-three millimetres in thickness, excluding any non-slip device or grooving; . (d) be equally spaced and not less than three hundred millimetres or more than three hundred and eighty millimetrcs apart; and (e) be secured in a manner such that the boarding ladder remains in a horizontal position. 33 L.I. 2490 FISHERfES (PORT STATE MEASURES) REGULATIONS, 2024 (4} A boarding ladder shall {a) not be repaired, unless in an emergency situation at sea; (b) not have more than two replacement steps which are secured in position by a method different from that used in the original construction of the ladder; and ( c) have the replacement stcp secured to the side ropes of the boarding ladder by means of grooves in the side of the step and the grooves shall be in the longer sides of the steps. (5) A boarding ladder repaired under subregulation (4) shall be replaced as soon as reasonably practicable. (6) The side ropes of the ladder shaU consist of two unco.vered manila or equivalent ropes of not less than sixty millimetres in circumference on each side. (7) Each rope shall be left uncovered by any other material and be continuous with no joints below the top step and the two main ropes, properly secured to the vesse! and not less than sixty-five millimetres in circumference, as well as a safety line kepc at hand ready for use if required. (8) Battens made of hardwood, or other material of equivalent properties, in one piece, free of knots and between one point eight metres and two metres long, shall be provided at interva!s chat wiU prevent the boarding ladder from twisting. (9) The lowest batten shall be on the fifth step from the bottom of the ladder and the interval between any batten and the next shall not exceed nine steps. (!0) The opcrator ofa vesse! shall ensure that a means is provided to enable the boarding ladder co be used on either side of the vesse!. ( 11) The authorised officcr in charge may indicate which side the boarding ladder should be positioned. ( 12) Where construcrional features such as rubbing bands prevents the implementation of any of these provisions in this regulation on a vesse!, the operators shall makc special arrangements to ensure that authorised officers are able to embark and disembark safely. L.I. 2490 34 FISHERIES (PORT STATE lv!EASURES) REGULATIONS, 2024 (l 3) A person who contravenes a provision of this regulation commits an offence and is liable on summary conviction to a fine of not less than two million United States Dollars and not more than four million United States Dollars. Duty to provide safe passage for an authorised officer 57. ( 1) The master and crew shall provide a safe and convenient passage for an authorised officer embarking on or disembarking from the vesse! between the head of the boarding ladder or of any accommodation ladder or any other appliance provided and the boarding vesse!. (2) Where the passage is by means of a gateway in the rails or bulwark, adequate handholds shall be provided. (3) Where the passage is by means of a bulwark Jadder, (a) the ladder shall be securely attached to the bulwark rail or platform and rwo handhold stanchions shall be fitted at the point of boarding or leaving the vesse! with a distance of not less than zero point seventy metres or more than zero point eighty metres between the Jadder and the vesse!; and {b) each stanchion shall (i) be rigidly secured to the structure of the vesse! at its base or near its base at a lùgher point; (ii) not be Jess than forty millimetres in diameter; and (iii) extend not less than one point two metres above the top of the bulwark. (4) A person who contravenes subregulations ( I ), (2) or (3) comnùts an offence and is liable on summary conviction to a fine of not more than one million U rùted States Dollars. Duty to provide light at night on vesse! 58. ( 1) The master and crew shall pro vide light at night to brighten the overside boarding ladder at the position where the authorised officer boards the vesse!. • (2) A lifebuoy equipped with a self-igniting light shall be kept at hand ready for deployment. (3) A heaving line shall be kept at hand, ready for use if required. 35 L.I. 2490 FISHERIES (PORT STATE MEASURES) REGULATIONS, 2024 ( 4) A person who contravenes subregulation (1 ), (2) or (3) commits an otfence and is liable on summary conviction to a fine of not more than one million United States Dollars. Monitoring Mecha11isms Fisheries Monitoring Centres 59. The Commission shall establish Fisheries Monitoring Centres at designated locations to monitor, search or rescue fishing vessels in distress regardless of the waters or the port the fishing vessels operate in. Application ofregulations 61 to 69 ' . 60. (1) Regulat1ons 61 to 69 apply to (a) a Ghanaian industrial vesse! or a Ghanaian vesse! engaged in fishing related acrivities that is registered under the Ghana Shipping Act, 2003 (Act 645) and may be licensed or authorised to operate under the Act, whether or not the vesse! intends to operate within or beyond the fishery waters of the Republic; and (b) a foreign fishing vesse! or foreign vesse! engaged in fishing related activities which intends to operate within the fishery waters of the Republic pursuant to a licence or authorisation issued under the Act and these Regulations. (2} Regulations 61 to 69 do not apply to a Ghanaian semi-industrial vesse! engaged in fishing or fishing related activities. (3) The operator of a Ghanaian semi•industrial vesse! engaged in fishing or fishing re!ated activities shall (a) install, maintain and operate a monitoring system as relevant and approved by the Director at aU times during the period of validiry of the licence, and (b) transmit relevant data to the Fisheries Monitoring Centre as may be required. Requirement to install and Ôperate a vesse] monitoring system 61. { 1) The operator of a vesse! specified in subregulation ( 1) of regulation 60 shall {a) install, maintain and operate a vesse! monitoring system and other required electronic monitoring system, as relevant, L.I. 2490 36 FTSHERIES (PORT STATE A1EASURES) REGULATIONS, 2024 approved by the Directorat ail times during the period of validiry of the licence or authorisation; and (b) transnùt relevant data hourly or in real rime to the Fisheries Monitoring Centre as may be required. (2) The operator of a vesse! shall operate the vessel monitoring system and other electronic monitoring system according to (a} the specifications and operating instructions of the manufacturer; and (b) any other requirements that the Director may determine. (3) The operator of a vesse! shall ensure that (a) a person does noc ramper or imerfere with the vesse! monitoring system and other electronic monitoring system and that the vesse! monitoring system and other electronic monitoring system are not altercd, damaged, disabled or otherwise interfered with; (h) the vesse! monitoring system and other electronic monitoring system are not moved from the required or agreed installed position or removed without the prior written permission of the Director; (c) the vesse! morutoring system and other electronic monitoring system are switched on and are operational at ail rimes whether the vesse! operntes within or beyond the fishery waters of the Republic du ring the period of validity of the licence, authorisation or registra.lion in the case of a Ghanaian vesse!; and (d) on notification by the Commission that the vesse! monitoring system and other electronic monitoring system of the vesse! have failed to transmit, directives issued by the Director are complied with until a time that the vessel monitoring system and other electronic monitoring system of the vesse! functions properly. Failure to report 62. (1) Where the vesse! monitoring system fails to transmit data, the operator of the vesse! shall, on notification by the Director, ensure that reports containing (a) the name of the vessel, ·1 l 37 L.I. 2490 FISHERJES (PORT STATE MEASURES) REGULATIONS, 2024 {b) the cal! sign of the vesse!, (c) the position of the vesse! expressed in latitude and longitude 10 minutes of arc, and (d) the date and time for the report, are communicaced to the Director in accordance with any instructions or directives provided by the Director. (2) A report made under subregulation (1) shall (a) be ar intervals of every hour or al shorter periods specified by the Director; and (b) commence from the time of notification of the failure of the vesse! monitoring system. (3) Where it is not possible to repair the vesse! monitoring system within twenty-four hours, the operator of the vesse! shall immediately (a) stow the fishing gear, if it is a fishing vesse!, and (b) take the vesse! directly to a port as directed by Director. (4) The operator of the vesse! shall ensure that the vesse! remains in port until the vesse! monitoring system is operational and reporting automatically. (5) Where the vesse! monitoring system fails to transmit data while the vessel is in port, the operator of the vesse! shall ensure that the vesse! monitoring system is operational and reporting automatically prior to the departure of the vesse! from that port. Failure of othec electronic monitoring system 63. (1) Where a vesse! is equipped with a required electronic monitoring system and the electroruc monitoring system fails to transmit data or malfunctions, the operator of the vesse! shaU, on notification by the Director, communicate information to the Director in accordance with any instructions or directives provided. (2) Where it is not possible to repair the electronic monitoring system within l\'Venty-four hours, the operator of the vesse! shail comply with the directives from the Director including (a) stowing the fishing gear, if it is a lishing vesse!: and (b) retuming directly to port. (3) The operator of the vesse) shall ensure that the vesse! remains in port until the electronic monitoring system is operational and reporting automatically. • ' L.I. 2490 38 FISHERIES (PORT STATE MEASUR.ES) REGULATIONS, 2024 (4) \Vhere the electronic monitoring system fails to function properly while the vesse! is in port, the operator of the vesse! shall ensure that the electronic monitoring system is operational and reporting autornatically before the departure of the vesse! from that port. Ownership of vesse! monitoring system information 64. (1) The ownership of infonnation generated by a vesse! monitoring system or electronic monitoring system shall vest in the Commission and be treated as confidential. (2) A person shall not disclose information generated by a vesse! monitoring system or electronic monitoring system to ·a person who is not authorised to receive the infonnation. (3) Despite subregulation (2), the 'lvfinister or the Director may authorise the release of information generated by a vesse! monitoring system or electronic monitoring system if the release of the information is necessary (a) to discharge the international obligations of the Republic; (b) to maintain law and order; (c) to combat Jllegal, Unreported and Unregulated fishing; (d) for the purpose of safety oflifc at sea; or (e) as required by law. (4) A person who releases information generated by a vesse! monitoring system or elecrronic monitoring system contrary to subregulation (2) cornrnits an offence and is liable on surnmary conviction to a term ofimprisonment ofnot less than t\vo years and not more than l'ive years. Offences in respect of monitoring systems, devices and related duties 65. An operator of a vesse! who contravenes regulation 61, 62 or 63 cornrnits an offence and is liable on summary conviction to a fine of not less than one million United States Dollars and not more than two million United States Dollars. Guidelines 66. The Minister, on the recommendations of the Director, may issue guidelines and procedures for the collection and storage of information generated by a vesse! monitoring system or an electronic monitoring system and the release of the data and information. , 39 L.I. 2490 FISHERJES (PORT STATE MEASURES) REGULATIONS, 2024 Fishing Iogbook or electronic fishing Iogbook 67. (!) The master of a vesse! engaged in fishing or fishing related activities operating within the fishery waters or the master of a Ghanaian vesse! engaged in fishing or fishing related activities operating outside the fishery waters shaJl keep on board the vesse!, a fisbing logbook or electronic logbook and on a daily basis keep record of the information specified in the Sixth Schedule. (2) The masrer of the fishing vesse! is responsible for the accuracy of the data recorded under subregulation ( 1 ). Routine Îllspections at sea and in port 68. ( 1) An operator of a vesse! licensed or authorised pursuant to the Act or these Regulations shall subject the vesse! to inspections on the request of authorised officers, whether at sea or at port and whether as part of routine inspections or for a specific purpose. (2) An operator of a vesse! who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not less than one million United States Dollars and not more than two million United States Dollars. Notification for entry in the fishery waters of the Republic 69. ( 1) The operator of a foreign vesse! engaged in fishing or fishing rclated activities, not licensed or authorised to fish in the fishery waters of the Republic, and who intends to enter the fishery waters of the Republic shall (a) notify the Director of the intention to enter the lishery waters of the Republic forty-eight hours before the entry; (b) provide information on the ·movement of the vesse! and catch on board upon entry and at intervals as requested by the Director; and (c) for a fishing vesse!, stow the fishing gear during the presence of the vesse! in the fishery waters of the Republic. (2) Where an operator of a fishing vesse! rnentioned in subregulation ( 1) enters the fishery waters of the Republic without notification to the Director, it shaJl be presurned that the fish on board was caught unlawfully or that the vesse( was engaged in unlawful fishing or related activity in the fishery waters of the Republic. L.J. 2490 . 40 FISHEJUES (PORT STATE "A1EASURES) REGULATfONS, 2024 (3) An operator who fails to prove otherwise than in subregulation (2) commits an olfcnce and is Hable on on summary conviction to a fine of not less than one million United States Dollars and not more than two million United States Dollars. Poit Srate Measures Application ofregulations 71 to 85 70. Unless otherwise specificd, regulations 71 to 85 apply to (a) foreign fishing vessels or foreign vessels engaged in fishing related activities; and (b) Ghanaian industrial or semi-industrial fishing vessels or Ghanaian vessels engagcd in fishing related activities. Designation of ports 71. (1) The Minister shall designate and publish by notice in the Gaze/te, the ports to which vessels engaged in fishing and fishing related activities may request entry. (2) The lv1inisrer shall submic the list of ports designated pursuant to subregulation (1) to (a) the Food and Agriculture Organisation of the United Nations; and (b) any regional fisheries management organisation pursuant to applicable conservation and management measurcs. Prerequisites for port entry or use of port for forcign vessels 72. The operacor of a foreign fishing vesse! or vesse! engaged i:i fishing activicies shall not enter or use a port in the country unless • {a) the port has been designated and publiciscd in accordance with subregulation (1) of regulation 71; (b) the operator has requested entry into port and provided the information specified in accordance with the Seventh Schedule to the Director at least sevency-tw·o hours before encry into port; • (c) the Director has authorised entry of the vesse! into port and communicated written authorisation to the operator of the vesse! and any lawful representative of the vesse! in the country; and 41 L.I. 2490 FISHERIES (PORT STATE MEASURES) REGULATIONS. 2024 ( d) on arrivai at port, the master of the vesse! or the representa tive of the vesse) has presented the authorisation for entry into port to an authorised officer. Refusa} of entry into port 73. (1) The Dircctor shall refuse entry into port to a foreign vesse! where there is sufficient proof that the vessel seeking entry (a) has engaged in Illegal, Unreported and Unregulated fishing or fishing related activities in support of Illegal, Unreported and Unregulated fishing; or (b) is on a list of vessels having engaged in Illegal, Unreported and Unregulated fishing or fishing related activities in support of Il!egal, Unreported and Unregulated fishing adopted by a regional fisheries management organisation. (2) Despite subregulation ( 1 ), the Director may aUow a vesse! under subregulation (1) to enter a port exclusively for the purpose of (a) inspecting the vesse!; and (b) taking other appropriate actions in conformity with intemational law which are at least as effective as denial of port entry in preventing, deterring and eliminating lllegal, Unreported and Unregulated fishing and fishing related activities in support ofil!egal, Unreported and Unregulated fishing. (3) The Director shall, within fourteen days, communicate a decision taken pursuant to subregulation ( 1) or (2) to the vesse! or the representative of the vesse!. (4) Where entry into port is refused pursuant to subregulation (I), the Director shaU give notice of the decision to (a) the flag State of the vesse!; and (b) as appropriate, to each relevant coastal State, regional fisheries management orgarùsation and othcr international organisation. Force majeure or distress 74. ( 1) These Regulations do not affect the entry of a vesse! to port in accordance witb the laws of Ghana for reasons of forer majeurr or distress. L.I. 2490 FISHERIES (PORT STATE MEASURES) REGULATIONS. 2024 (2) The Director may grant a vesse! that falls witlùn the scope of subregulation ( 1) entry into port for reasons of force majeure or distress, where (a) the vesse! may enter port under the daim of.force maje11re or distress for the period of rime necessary to remedy the daim; and {b) the vesse! is pemùtted entry exclusively for the purpose of rendering assistance to persons or vessels in danger or distress. Prerequisites for port entry or use of port for Ghanaian vessels 75. (1) The operator of a Ghanaian vesse! engaged in fishing or fishing related activities shall give notice of the intention of the vesse! to enter port and provide the information required to the Director at least forty-eight hours before entry into port in accordance with the Seventh Schedule. (2) The Director shall, on the receipt of a notice under subregulation ( 1 ). (a) issue a notice to enter port to the vesse! and indicate whether the vesse! is to submit to inspection, and (b) within fourteen days, commurùcate the authorisation to the master of the vesse! and the lawful representative of the vesse! in the country. Denial of use of port 76. (1) The Director shall deny a foreign fishing vesse! the use of port for Ianding, transshipping, packaging and processing of fish and for other port services, including refuelling and resupplying, maintenance and drydocking where the vesse! has been granted authorisation to enter a port pursuant to paragraph (b) of regulation 72, if (a) the authorisation to enter port has been issued pursuant to subregulation (2) of regulation 73; {b) the vesse! does not have a valid and applicable authorisation to engage in fishing or fislùng related activities as required by (i) the flag State of the vesse!; or {ii) a relevant coastal State; 43 L.I. 2490 FISHERIES (PORT STATE JvfEASURES) REGULATIONS, 2024 (c) there is clear evidence that the fish on board was taken in contravention of the laws of a coastal State in whose waters the fish was caught; ( d) the flag State does not confinn within forty-eight hours, on the request of the Directo.r, that the fish on board was taken in accordance with applicable requirements of a relevant regional fisheries management organisation; or (e) there are reasonable g.rounds to believe that the vesse! has engaged in Dlegal, Unreported and Unregulated fishing or fishing related activities in support of the fishing, uruess the vesse! can establish that (i) the vessel was acting in a manner consistent with relevant conservation and management measures; and {ii) in the case of supply of fuel, gear, and other services at sea, that the vesse! was not, at the rime of supply, a vesse! that had engaged in lllegal, Unreported and Unregulated fishing or on a list of vessels having engaged in Ulegal, Unreported and Unregulated fishing or fishing related activities in support of such fishing adopted by a regional fisheries management orgatùsation. (2} Despite subregulation (l}, the Director may allow a vesse! the use of port services (a) where the services are essential to the safety and health of the crew or the safety of the vesse!, provided these needs are duly proven; or • (b) for the scrapping of the vesse!, as appropriate. (3) Where the use of port is denied in accordance with sul:>regulation ( 1 ), the Director shall give notice of the decision to (a) the flag State of the .vesse!; and (b) each relevant coastal State, regional fisheries management organisation and other international organisation, as appropriate. L.I. 2490 44 FISHERIES (PORT STATE MEASURES) REGULATIONS, 2024 Withdrawal of denial of use of port 77. Where the use of poil has been denied in accordance with regulation 76, the Director, shall ( a) withdraw the denial in respect of a vesse! on1y if there is sullicient proof that the grounds on which use of port was denied (i) were inadequate or erroneous; or (ii) no longer apply; and (b) promptly give notice of the withdrawal to each person that was notified under subregulation (3) of regulation 76. Inspections of vessels in port 78. (]) An authorised officer shall carry out inspections at port in conformity wirh the procedures determined, including the procedures set out in the Third Schedule. (2) For purposes of subregulation (1 ), the authorised officer shall {a) inspect Ianding and transshipment operations at ports in accordance with (i) the National Inspection Plan; and (ii) the relevant Standard Operating Procedures; and (b) give priority of inspection to (i) a vesse! that has been refused entry into port or denied use of port under other jurisdictions; (ii) requests from other States or regional fisheries management organisation to inspect a certain vesse!, particularly where the request is supported • by evidence ofillegal, Unreported and Unregulated • fishing or fishing related activities in support of Illegal, Unreported and Unregulated fishing; (iii) a vesse! for which there are grounds for suspecting that the vesse! has engaged in lllegal, Unreported and Unregulated fislùng or fislùng re!ated activities in support of lllegal, Unreported and Unregulated fishing; and (iv) a vesse! that has been used in the commission of an offence under any law of Ghana, including olfences 45 L.I. 2490 FISHERIES {PORT STATE MEASURESJ REGULATIONS, 2024 relating to fisheries, the environment, wildlife, customs, immigration, trafficking, smuggling, health and trade. Conduct of inspection 79. (1) In carrying out port inspection of a fishing vesse!, an authorised officer shall examine ail relevant areas of the vesse!, the fish on board, fishing gear, any equipment and any document or record on board that is relevant to verifying compliance with relevant conservation and management measures, relevant national laws and follow the procedures specified under these Regulations or required by the Director, and {a) present to the master of the vesse! an identification document before the inspection; (b) in case of a foreign fishing vesse! and if appropriate arrangements are agreed between the Republic and the llag State of the vesse!, invite that flag State to participate in the inspection; (c) in case of a foreign fishing vesse), not interfere with the ability of the master, to communicate with the authorities of the flag State; and (cl) make ail reasonable effort to (i) avoid unduly delaying the vesse) to mm1m1se interference and inconvenience to the normal operations of the vesse!; (ii) facilitare communication with the master or senior crew member of the vesse!; and , (iii) ensure that inspections are conducted in a fair, transparent and non-discriminatory manner. (2) The authorised officer shall (a) complcte a written report of the inspection as set out in Form Three of the First Schedule; and (b) submic the report to the Director. Duties of the master and the crew during inspection 80. (1) During inspections, the master of the vesse! shall, in relation 10 the inspection of the vessel, give an authorised officer ail the necessary L.I. 2490 46 FISHERJES {PORT STATE MEASURES} REGULATIONS. 2024 assistance and infonnation, and present relevant material and documents as rnay be required, or certified copies of the material and documents. (2) An operator of a vesse! who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not less than one million United States Dollars and not more than two million United States Dollars. Transmission of inspection results 81. The Commission shall, without undue delay after receiving the inspection report under subregulation (2) of regulation 79, transnùt the inspection results induding a copy of the report to (a) the operator of the vesse! inspected or the local represeotative of the vesse! inspected; (b) the flag State of the vesse! inspected; (c) the State for which there is evidence through inspection that the vesse! has engaged in lllegal, Unreported and Unregulated fishing or fishing related to activities within waters under their national jurisdiction; (d) the State of wlùch the master of the vesse! is a national; (e) other relevant States and Parties to a relevant international or regional agreement conceming port State measures: (/) relevant regional fisheries management organisation: (g) other relevant international orgarùsations; and , ~-~·--~- ·-- . ([1) the.fl~g,5.tate Q.f.a vesse! that. transbippe,dJisb..tQ ,the. ves.seL • • inspected, as appropriate. Denial of use of port after inspection 82. (1) Wbere, following an inspection, there are reasonable grounds to believe that a foreign vesse! has engaged in Illegal, Unreported and Unregulated fishing or fishing related activities in support of lllegal, Unrcponed and Unregulated fishing, the Director shall (a) promptly give notice of the findings to (i) the flag State, and (ii) as appropriate, the relevant coastal States, the regional fisheries management organisations and 47 L.J. 2490 FISHERIES (PORT STATE MEASURES) REGULATIONS, 2024 other international organisations, and the State of whicb the master of the vesse! is a national; and (b) den y the vesse! the use of the ports of the Republic for landing, transhipping, packaging and processing of fish and for other port services, including refuelling and resupplying, maintenance and drydocking, if these actions have not already been taken irr respect of the vesse!. (2) Despite paragraph (b) of subregulation (1), the Director shatl not deny a vesse) the use of port services, where the ports services are essential to the safety and health of the crew or the safety of the vesse!, provided these needs are duly proven. Prohibition to assist in the use of port in absence of authorisation or after denial 83. ( 1) Where a foreign vesse! engaged in fishing or fishing related activities (a) has entered port without authorisalion, in contravention of the requirements under regulation 72 or pursuant to regulation 73; or (b) bas been perrnitted to enter port exclusively for the purpose of (i) inspection pursuant to subregulation (2) of regulation 73; (ii) rendering assistance to persons or vessels in danger or distress pursuant fo paragraph (b) ofsubregulation (3) of reguiation 74; or (c) has been denied the use of port pending or following an inspection, pursuant 10 regulations 76 or 82, an authorised officer shall not allow, assist or cause, directly or indirectly, the use of port by the vesse] otherwise than as pennitted under these Regulations. (2) Despite subregulation (1), the port may be used by the vesse! where the Director pennits in writing services to be used exclusively for the safety or health of the crew or the safety of the vesse! in accordance with these Regulacions and the port is used exclusively for such pUJposes. L.I. 2490 • 48 FISHER/ES (PORT STATE MEASURES) REGULATIONS, 2024 (3) An authorised officer who contravenes subregulation ( I) comnùts an offence and is liable on summary conviction to (a) a forfeiture of salary of not less than six months; (b) a suspension of duty for not Jess than six months; and (c) any other penalty thac the Director considers appropriate to impose in accordance with the human resource policy of the Commission. Entry into port or use of port without authorisation 84. The operntor of a foreign vesse! engaged in fishing or fishing related activities which (a) has entcred a port without authorisation, in contravention of the requirements under regulation 72 or pursuant to regulation 73: (b) has called to a porr that is not designated in accordance with regulation 72; (c) has entercd a port for rendering assistance co persons or vessels in danger or distress pursuant to paragraph (b) of subregulation (2) of regulation 74 under false daim or pretences; or (d) has engaged in the use of port, whilc being denied the use of port pursuant to regulation 76 or 82, commits an offencc and is liable on summary conviction to a fine of not less than one million Urùted States Dollars and not more than r.vo million United States Dollars. Requirements in relation tç Ghanaian vessels in port of other States 85. (1) The operator of a Ghanaian vesse! shall (a) cooperate fully with inspections carried out in the ports of other States in accordance with the laws and procedures of the other State; and (b) not land, tranship, package and process fish, and use other port services, in a port State identified by a relevant regional fisheries management organisation as not acting in accordance with, or in a manner consistent with, applicable international or regional instmments relating to port State measures. 49 L.I. 2490 FISHERJES (PORT STATE MEASURES) REGULA71ONS, 2024 (2) Where there are dear grounds to believe that a Ghanaian vesse! has engaged in Illegal, Unreported and Unregulated fishing or fishing related activities or is in support of lllegal, Unreported and Unregulated fishing and is seeking entry to or is in the port of another State, the Director shall, as appropriate, request the State to inspect the vesse! or take other measures consistent with applicable international or regional instruments, including those relating to port State measures. Port State Measures Appeals Committee Establishment of the Port State Measures Appeals Comm.ittee 86. There is established by these Regulations, the Port State Measures Appeals Committee. Members of the Committee 87. (1) The Port State Measures Appeals Committee consists of (a) one representative of the Office of the Attomey-General and Ministry of Justice not below the rank of a ChicfState Attorney nominated by the Attomey-General who is the chairperson; (b) one representative of the Ghana Ports and Harbours Authority not below the rank of a Fishing Harbour Manager nominated by the Director-General of the Ghana Ports and Harbours Authority; and (c) one representative of the fishing industry who is not an interested party in the subject matter of the appeal and with relevant knowledge and expertise nominated by the President of the National Fisheries Association of Ghana. (2) The Mi.nister shall appoint the members of the Committee. Functions of the Committee 88. The Committee shall hear and determine matters related to the decision of the Director on • (a) the refusai of entry into port; {b) the derual of the use of port; and (c) a fisheries port State action following an inspection under the Act or these Regulations. L.I. 2490 50 FISHERIES (PORT STATE MEASURES) REGULATIONS, 2024 Tenure of office of members of the Comnûttee 89. (1) A member of the Committee shall hold office for a period of four years and is eligible for reappointment. (2) A member may resign from office in writing addressed to the Minister. (3) A member of the Committee, who is absent from threc consecutive meetings of the Committee without sufficient cause ceases to be a member of the Committee. (4) The :tvfinister may, for a stated reason, by letter addressed to a member revoke the appointment of that member. (5) Where a member of the Committee is, for a sufficient reason, unable to act as a member, the Minister shall determine whether the inability of the member to act would result in the declaration of a vacancy. (6} Where there is a vacancy (a) under subregulation {2}. {3) or (4) or subregulation (2) of regulation 91, (b) as a result of a declaration under subregulation (5), or (c) by reason of the death of a member, the Minister shall appoint another pers on to fil! the vacancy in accordance with these Regulations. (7) A person appointed as a member of the Committee by virtue of subregulation (6) shall hold office for the unexpired renn. Meetings of the Committee 90. (1) The Committee shall meet as and when necessary for the conduct of business at a time and place detemùned by the chairperson. (2) The chairperson shall, at the request in writing of not Jess than one-third of the membership of the Committee, convene an extraordinary meeting of the Committee at a time and place determined by the chairperson. • (3) The quorum for a meeting of the Committee is two members. (4) The chairperson shall preside at meetings of the Committee and in the absence of the chairperson, a member of the Committee elected by the members present from among the number shall pres ide. 1 -: ; i, 51 L.I. 2490 FISHERJES {PORT STATE lvfEASURES) REGULATIONS, 2024 (5) Matters before the Committee shall be decided by a majority of the mcmbers prcsent and voting and in the cvent of an equaJity of votes, the person presiding shall have a casting vote. (6) The Committee may co-opt a person to attend a meeting of the Committee but that person shall not vore on a matter for decisioa at the meeting. (7) The proceedings of the Committee shall not be invalidated by reason of a vacancy among the members or a defect in the appointment or qualification of a rnember. (8) Subject to this regulation, the Committee may determinc the procedure for the meetings of the Committee. Disclosure of interest 91. ( 1) A member of the Committce who has an interest in a matter for consideration {a) shall disclose in writing the nature of that interest and the disclosure shall form part of the record of the consideration of the matter; and {b) is disqualîfied from being present at or participating in the deliberations of the Committee in respect of that matter. (2) \1/here a member contravenes subregulation ( 1 ), the chairperson shall notify the Minister who shall in writing revoke the appointment of that mcmber. Allowances 92. Members of the Committee shall be paid allowances determined by the Minister in consultation with the Minister responsible for Finance. Appeals Procedure S11bmission of appeal 93. A person who is aggrieved !,y a decision of the Dircctor (a) to refuse entry into port, {h) to deny the use of port, or (c) on a fisherics port State action following an inspection undcr the Act or these Regulations, may, within fourteen days of receipt of the notice of that decision, appeal first to the Committee for redress. L.I. 2490 52 F!SHERJES (PORT $TATE MEASURES) REGULATIONS, 2024 Consideration of appeal 94. (1) The Committee shall, on r-eceipt of an appeal under regulation 93 within twenty-one days determine the appeal. (2) The Committee shall in the considcration of an appeal be guided by fairness and the rules of natural justice. Decision of the Committee 95. The Committee may, after consideration of an appeal, {a) confirm, (b) reverse, or (c) vary the decision appealed against. Appeal to court 96. A person dissatisfied with the decision of the Committee may seek redress at the High Court. Miscella11eous Provisio11s Access to data 97. Data received under these Regulations shall (a) be treated in a confidential manner; and (b) on specific request be given to an international body of which Ghana is a member. Importation of fish and fish products 98. (1) A person who imports fish into the Republic sha!l (a) have an accompanying health certificate signed by a competent authority of the exporting country; (b) specify the origin of fish on the certificate; and {c) provide any other information required by the Director. (2) A person specified under subregulation {l) shall ensure that the fish (a) is delivered in its imported condition; and (b) is in conformity with the fish and fish produçts specified in the permit to facilitate inspection by an authorised officer from the competent authority. 1 ' . ' ' 1 1 ! ; 53 L.I. 2490 FISHERIES (PORT STATE MEASURES) REGULATIONS, 2024 Interpretation 99. In these Regulations, unless the context otherwise requires, "Committee" means the Port State :tvfcasures Appeals Committee established under regulation 86; "donor vesse!" means a vesse! engaged in a transshipment operation, that transfers any quantity of fish onboard to another vesse!; "electronic monitoring system" means a monitoring system including activity sensors and cameras positioned on vessels and other relevant satellite monitoring systems to remotely record fishing activity and catches; ''flag State'' means the State whose flag a vesse! flies; "Ghana Maritime Authority" means the Ghana Maritime Authority established under section 1 of the Ghana Maritime . Authoricy Act, 2002 (Act 630); "landing" means all transfers of any quantity of fish onboard from a vesse!, other than transshipmenr, including transfers of fish to a port fucility, transfers of fish from one vesse! to another through a port facility or other means of transportation, and transfers of fish from a vessel to a container, truck, train, aircraft, or another means of transportation; "National Inspection Plan" mcans a document prepared by the Commission that guides how fisheries inspection are to be carried out; "operator" means the owner, charterer or master of a vesse!; "port State" means a State with a port where foreign vessels call;and "receiving vesse!" mcans any vesse! engaged in a transslùpment operation, that receives any quantity of fish from another vessel. Revocation and savings 100. (1) The following are revoked: {a) regulations 1, 2, 23, 24, 26, 32 to 51 and 78 of the Fisheries Regulations, 2010 (L. I. 1968): and L.I. 2490 54 FISHERIES (PORT STATE iWEASURES) REGULATIONS, 2024 (b) the Fisheries (Amendment) Regulations, 2015 (L. I. 2217). (2) Despite the revocation of the provisions specified in paragraph (a) of subrcgulation (1) and L.l. 2217, an order or notice issued, a proceeding being conducted under or any other lawful act made or done under provisions specified in paragraph (a) of subregulation (I} and L.I. 2217 and in force immediately before the coming into force of these Regularions shall be considered to have been issued or done under thcse Regularions and shall continue to have effect until reviewed, cancelled or tenninated. (3) These Regulations shall not affect L.L 1968 and L.I. 2217 in the operation of offences committed, penalties imposed or proceedings commenced before the coming into force of these Regulations. 1 L ! ., ' ' , 55 L.I. 2490 FISHERJES (PORT STATE MEASURES) REGULATIONS. 2024 SCHEDULE FIRSTSCHEDULE FORM ONE (Regulation 36(f)(a)) INFORMATION TO BE INCLUDED IN POST LANDING CATCH DATA REPORTING l Vesse! name 2. Flag State 3. Vesse! type (ISSCFV) 4. 11\,10 number required, if eligible 5. Externat ID, if available 6. Registration ID if diffcrent to S 7. International radio cal[ sign, if available 8. VMS tracking 9. 1\1:MSI nurnber, if available 10. Vesse! Contact information Master or vessel's rrpresentntive Phone 1111111ber Email 11. Vesse! master name & nationality 12. Vesse! owner / company information Name Addrrss Contact i11fimnario11 (Email and pho11r 1111111ber) IJ. Port State L.I. 2490 56 F!SHERIES (PORT STATE MEASURES) REGULATIONS, 2024 14. Port of landlng 15. Date and time oflanding 16. •Landed fish Catclt area(s) Species (FAOIASFlS Codes) Prod11c1 f,mn (presmtation and Preservarion type) Q11a11tiry {weighr) Next dcsti11atio11 if appli<ab!clavailablc Nex1 mode of tra11spon und tramport lD. if applicable I available 17. * fïsh retaincd onboard (notlanded) Catch area(s) Sper:ies {FAO/ ASFIS Codes) Product form (prese11tatio11 a11d Prese1varion type) Q11u11tiry {weight) 18. Competent port authority 19. Date of inspection if any 20. Signature Sig11a1t1re vesse! master Moster's Stamp and /1111 name * Externat ID is the lisherics number • Registration [D is 1he Flag Registra!ion Number • 57 L.I. 2490 FlSHERIES (PORT STATE NIEASURES) REGULATIONS, 2024 FORM T\.VO (Reg11latio11s 43(1), 44 a11d 46(3)(a)) TRANSSHIPMENT DECLARATION Carric, VCSSt'l. ~dio asU sit1,n;,,l A,3 FI~& s1atc :u.11hurizatinn numbc, Nacion.al tcgifü•c nurnb~r ICCAT fC'Riswr numbcr, if ,'\v.i1l,1bfe fjshing vc.-ssC'l R,1dio call sign.sl Fla~ Fhg sme 3Ulhoriz,Uion number N.11ional H'gislcr nurobcr ICCAT ,~eistc, n1,1mbcr, it av,1ilabtc fü:tcmJI fd\.•otifi('.lliOn 0('p;uturc D,1y Monch IJour Yt".lr f JI J ( ) I JAgoocn,1mc Mu11;1'$t'l.llmcofl.Snv MasM'snJme.,fCasrie, 111 J I JI li JI J from R«•m I Il 1 Tt.)rU'Shipmt'1H ( Il 1 1 11 1 1 JI I to llilllll T.anu hipmcoc 1111 1 Il J I JI 1 Si&n,l\urç: fndic.a1~1h.e: wrighc in "•log,arosnr Lhcurul uscJ (c.~,bot:, b'-S1cUand lltel; dt:'dwc~N: in ldlogJ.m.softhi.sW'lit: f I Ki!ogr-Jms LOCA:rlO}IOf TRANSSIIIPMEN'r. ................ .. Spe...îr:i rons .. ., T)pC'of ProJu<:1 Type of p1oduct 1'fpC'ofptoJuct Ï)'J)C'ofr,1011l"ct Whoto(M l î) Outtt.d (M/1) lfc.ld off(M/TJ t-:üktcd(Mrn HJTAL Jf tr.lnMhipn,entieffmcd ~ S1.><1(JCC'AT) OM(T'YN Slg:ll.lNl"e' ... ·••· .. , •·." ....... OESClUPTION tONNAOE/ Mrr Ydlowf'in Tuna Sks~kTun,1 O~y<>Tona oo.,. FOf and on bch1lf o(Fasbcrie, Sd cntificObscrvm •. J~ilJ'llC........... ... . .... ' ........... ·• ............. ·• Sign.u~ .................. . O,ne-: ............... , ................................. .. Twl L.I. 2490 58 FJSHERJES (PORT STATE MEASUIŒS) REGULATIONS, 2024 PORMTHREE (Reg11lations 53(3Xa) and 79(2){a)) REPORT OF THE RESULT OF INSPECTION 1. Inspection report tùne 1 2. Port State 3. Inspecting authority 4. Name of priocipal ID inspector 5. Port of inspection 6. Commencement of inspection n'YY MM DD HH 7. Completion of inspection n'YY MM DD HH 8. Advance notification received Yes No 9. Purpose(s) 1 LAN 1 TRX PRO 0TH (spec/fy) 10. Port and State and date of yyyy MM DD last port calf 11. Vesse! namc 1 12. Flag srate 1 13. Type of vesse! 14. International Radio Cali Sign 15. Certificatc of reglstry ID 1 16. IMO ship JD, If avallable 1 17, Extemal ID, if available 18. Port of registry 19. Vesse! owner(s) 20. Vesse! beocficial owner(s), if lcnown a.od different from vesse! owner 21. Vesse! operator(s), if different from vesse! owner 1 '1 r ' :l li • 59 L.I. 2490 FISHERJES (PORT STATE MEASURES) REGULATIONS. 2024 22. Vesse! master name and nationality 23. Fishing master name and nationali !! 24. Vesse.! agent 25. VMS 1 No Yes: National 1 Yes:RFMOs 1 Type: 26. Starus in RFMO areas where fishing or fishing related activities have been undertaken, including any IUU vesse! listing Vesse! RFMO Flag State Vesse! on authorized Vesse/ 011 IUU Identifier status 1•esse/ list vesse/ list 27. Relevant fishing authorization(s) Identifier lssued by Validity Fishi11g area{s) Species Gcar 28. Relevant transshipment authorization(s) Identifier Issued by Validity Identifier lssued by Validity 29. Tra:nsshipment information conce.ming donor vessels Name Flag State ID 110. Species Product Catch areo(s) Q1umtity fan11 30. Evaluation of oflboard catch (quantity) Species Prodtl(:t Catch orea(s) Q11a11tily Quantity Differe11ee between fimn dèclared o/floaded quantiry declared and quantity deten111i1ed, if any L.I. 2490 60 FISHERJES (PORT $TATE i'vlEASURES) REGULATIONS, 2024 31. Catch retaincd onboard (quantity) Spccies Product Catch area(s) Qua111i1y Qua111ity Diffin:nce betwem fon11 declared mained q1111111iry dedan:d mtd quantity deten11il1ed, if a11y 32. Examination of logl:lool<(s) and Yes No Co111111m1s other documentation 33. Compliance with applicable Yes No Commmts catch documentation scheme(s) 34. Complfance with applicable àade Yes No C(lll/1/IClllS information scheme(s) 35. Type of gcar used 36. Gear examined in accordance Yes No Comme11ts with pa.ragraph (e) of Annex B 37. Findlngs by inspector(s) 38. Apparent infringement(s) noted i.ncluding references to relevant legal Instrument(s) 39. Comments by the master 40. Action ta ken 41. Master's Signature 42. lnspector's Signature L.I. 2490 62 FISHERJES (PORT STATE MEASURES) REGULATIONS, 2024 THIRDSCHEDULE (Regulations 52{3}(b) and 78{1)) INSPECTION PROCEDURES An Authorised Officer shall: a) verify, to che extenc possible, 'that the vesse! identification documentation onboard and infonnation relating to the owner of the vesse! is true, complete and correct, including through appropriace contacts with the flag Stare or international records of vessels if necessary; b) verify chat the vessel's flag and markings (e.g. name, externat registration number, International Maritime Organisation (IlvIO} ship identification number, international radio call sign and other rnarkings, main dimensions} are consistent with information concained in the documentation; c) verify, to the extenc possible, th.ac the authorisacions for fishing and fishing related activities are true, complete, correct and consistent wich the information provided in accordance Form Ten; d) review al! other relevant documentation and records held onboard, including, co the extent possible, chose in electronic format and vesse! monitoring system data fro.m the tlag Stace or relevant regional fisheries management organisations. Relevant documentation rnay include logboolcs, catch, transshipment and trade documents, crew lises. stowage plans and drawings, descriptions of fish. holds, and documents required pursuanc to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; e) examine, to the extent possible, ail relevant fishing gear onboard, including any gear stowed out of sight as well as relaced devices, 63 L.I. 2490 FISHERJES (PORT STATE MEASURES) REGULATIONS, 2024 and to the extent possible, vedfy that they are in conformity with the conditions oftbe authorisations. The fishing gear shall, to the extent possible, also be checked to ensure that features such as the mesh and twine size, devices and attachments, dimensions and configuration of nets, pots, dredges, hook sizes and numbers are in confonnity with applicable regulations and that the markings correspond to those authorised for the vesse!; f) determine, to the extent possible, whether the fish on board was harvested in accordance with the applicable autborisations; g) examine the tish, including by sampling, to determine its quantity and composition. In doing so, inspectors may open containers where the fish has been pre-packed and move the catch or containers to ascertain the integrity of fish holds. Such examination may include inspections of product type and detennination of nominal weight; h) evaluate whether there is clear evidence for believing that a vesse! has engaged in Illegal, Unreported, Unregulated fishing or fishing related activities in support of such fishing; i) provide the master of the vesse! with the report containing tbe result of the inspection, including possible measures that could be taken, to be signed by the inspector and the master. The master's signature on the report shall serve only as acknowledgment of the receipt of a copy of the report. The master shall be given the opportunity to add any comments or objection to the report, and, as appropriate, to contact the relevant authorlties of the flag State in particular where the master bas serious difficulties in understanding the content of the report. A copy of the report shall be provided to the master; and j) arrange, where necessary and possible, for translation of relevant documentation. L.I. 2490 64 FJSHERJES (PORT STATE MEASURES) REGULATIONS, 2024 FOURTII SCHEDULE (R.eg11/aticm 52(4)) REPORT OF ARREST OF FISHING VESSEL PART A. STATEMENT BY ARRESTING OFFICER Particulars of fishing vesse! Name of fishing craft (if any) .................................................... . Registered number offislùng vesse! ............................................. ..• Other characteristic of vesse! ..................................................... . Name of person in charge of fishing vesse! ................................... . Location of fishing vesse! ........................................................... . Tonnage of catch .................................................................... . T)rpe of fish ....................................... .................................... . Nature of olTence and charge ..................................................... . . .. . .. . .. . .. . .. . . .. . . .. . .. . .. . .. . ... . . . ···· ··········•"•*••······· .......................... . • • • • , •••••••••••••• , •••• , ••••••••••••• , •• , • - •••••••••••••••••• ♦♦♦• •••••••••••••••••••• ♦ •••••••• • . • • • . • • . .• ••• ••• • •• • •• ••• ·•·•··· •••••••• ··········"·""'' ''''* " '**"''"' ' ' ..... .. . . . . .. .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , ....... , .. , ..... , ... ~ ••••••••••••••••••••••••••••••••••••••••••••••••• ♦ ••••••••••••••••••••••••••••••••••••• ♦ ♦ ••••• • • • • • • • • • • • • • • • • • • ♦ ••••••••••••••••••• ♦ ••••••••••••••••••••• ♦ •••••••••••••••••••••••••••••••••••••• Document(s) seized ................................................................. . • • • • • • • • • • • • ♦• ♦♦ ............................................................................. . ·············••••••••••••••••••••• Sig11at11re of arresting of!icer Date: .................................. . 65 L.I. 2490 FISHERJES (PORT STATE MEASURES) REGULATIONS, 2024 PART B. STATEMENT OF OFFENDER Name and address ofperson in charge offishing vesse! ............. . .... .. .. . . Registered Number of fishing vessel ........... .................. .............. .. Place of registration of fishing vesse!.. ... ... ............... ...... ............... .. . .. . . . .. . .. . . .. .. . .. .. . . . .. .. . .. ..... .. .. . .. ... .. .. . .............. .. .. ... .. .. .. . .. .. .. . . ····· Location offishing vesse! ............................... ..... , ...................... . Tonnage of catch ....... ............................................................ .. Type of fish ................... . .... . .. ......... ... ........ ... . .......... .... ..... .. .. .. Fishing Licence Number ...... .... ... . ................................... . ...... ... . Statement of Defence ........................................................ ........... . ...... ........................... ................ , .. ... .. ........... ...... ... ........ ... ... .. .... . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' .... . Any Relevant Document(s) .. .................................................. .... . Date: ..................................... . Sig11at11rc of perso11 i11 charge of fishing vesse/ L.I. 2490 66 FISHERJES (PORT STATE MEASURES) REGULATIONS. 2024 FIFTHSCHEDULE (œgulatio11 55) GUIDELINES FOR THE TRAINING OF AUTHORISED OFFICERS Elements of a training programme for autborised officer who are conducting inspecting at sea and port inspections should include at least the following areas: 1. Ethics. 2. Health, safety and security issues, labour, trafficking, smuggling, terrorism and marine pollution. 3. Legat and policy framework - including international relevant legal instruments to which Ghana is a Party; international organisations to which Ghana is a member or cooperating non-member; Fisheries Act, 2002 (Act 625) and its subsidiary legislation; the National Plan of Action to Prevent, Deter and Eliminate Jllegal, Unreported and Uruegulated Fishing, and other relevant policy documents. 4. Identification, collection, evaluation and preservation of evidence. 5. General inspection procedures including report writing and interview techniques. 6. Analysis of information, such as logbooks, electronic documentation and vesse[ history (narne, ownership and flag State), required for the validation of information given by the master of the vessel. 7. Vesse! boarding and inspection, including hold inspections and cak:ulation of vessel bold volumes. 8. Verification and validation of information related to landings, transshipments, in transit movement, import, export, re-export, processiug and packaging, fish remaining onboard, includingutilizing conversion factors for the various species and products. 67 L.I. 2490 FISHERIES (PORT $TATE MEASURES) REGULATIONS. 2024 9. Identification of fish species, and the measurement of length and other biological parameters. 10. Identification of vessels and gear, and techniques for the inspection and measurement of gear. 11. Equipment and operation of vesse! monitoring system and other electronic monitoring systems. 12. Actions to be taken following an inspection. . . L.I. 2490 68 FISHERJES (PORT STATE MEASURES) REGULATIONS, 2024 SJXTH SCHEDULE (R.eg11lations 67(1 )) INFORMATION TO BE RECORDED DAILY IN FISHING LOGBOOKS OR ELECTRONIC FISHING LOGBOOKS The nshing logbook or electronic fishing logbook shall contairt, as a requirement, the following information regardless of the fishing method: General Infonnation 1. Name and nationality of the vessel 2. Port of Registry 3. Gross Registered Tonnes 4. Vesse! Survey Certificate Number and Registration Certificate Number 5. Record of Ghanaian Fishing Vesse! Number 6. Fishing License number and Name of lssuing Authority 7. International Radio Cali Sign (TRCS) 8. Vesse! Monitoring System (VMS} Number/îD 9. International Maritime Orgarusation (IMO) Number (if available) 10. Name of Port of Departure 11 . Date of Departure 12. Logbook Page in Sequenced Numbers or Numbering System FishillgActivity 13. Fishing Area 14. Type of Gear and Number (length of net, size or trawl, number of hooks on Jonglinc} deployed 69 L.I. 2490 FISHERJES (PORT STATE MEASURES) REGULATIONS, 2024 15. Date of settiug the gear 16. Latitude and longitude of the beginning of the set and the geographical area. http:/ /www.fao.org/fishery/area/searcb/en 17.Species caught and /or the Food and Agriculture Organisation alpba-3 code of ail aquatic animais retained on board and the weight in Kilograms of each species retained on board for specific setting of the gear 18. Total catch which includes: a. Total weight of the accumulated catch b. The total amount ofby-catch c. Breakdown of the weight of aquatic animais and marine life forms discarded into the sea Certification 19. A certification from the Master that the catch is correct in tcnns of a. Weight and species; b. The gear used; c. The license and vesse! documentation are valid and up to date; d: The fishing operation was undertaken according to the access agreement and fishing Iicenses and the vesse! is duly authorised to fish in the areas specified in the logbook. h L.I. 2490 70 FISHERJES (PORT STATE MEASURES) REGULATTONS, 2024 SEVENTH SCHEDULE Reg11latio1is 72(b) and 75(1)) INFORMATION TO BE PROVIDED IN ADVANCE BY VESSELS REQUESTING PORT ENTRY l. Intended port of call 2. Port State 3. Estimatcd date and time of arrivai 4. Purposc(s) 5. Port and date of last port call 6. Name of the vesse! 7. Flag Statc 8. Type of vesse! 9. International Radio Cali Sign 10. Vesset contact information 11. Vesse! owncr(s) 12. Certificate of registry ID 13. IMO ship ID, if avai.lablc 14. External ID, if available IS. RFMO ID, if applicable 16. VMS No Yes: Yes: Type: National RFMO(s) 17. Vesse! dimensions I Lcngth 1 Beaml 1 Draft 1 18. Vesse! master name and nationality 1 19. Relevant fishin authorization(s) Idemifier lssttcd by Validiry Fisllittg Specics Gear area(s) 20. Relevant transshipment authorization(s) ldc11tifier lsstœd by Va/idiry ldc11tifier /ssued by Validity 71 L.I. 2490 FfSHERIES (PORT STATE MEASURES) REGULATIONS, 2024 21. Transshipmenr information concerning donor vessels Date Locario11 Name Flflg ID Specics Prodtw Catch Quantity Srate 1111111ber fon11 area 22. Total catch onboard 1 23. Catch to be offloaded Species Pmduct Catch Quamity Q11a11tiry /orm area ·1 L.I. 2490 12 FJSHERJES (PORT STATE MEASURES) REGULATIONS, 2024 ···················•··•••••••••••••••••••••••••••• HON. MAVlS HAWA KOOMSON Minister nspo11sib/e for Fisheries Date of Gourre notification: 2nd July, 2024. Entry into force: 4th September, 2024. rRINTI:ll OY Vtl,\'NA MJOL1SHlNG C()tlll'ANY l.1'1J ASSf;MIJLY rlll1SS, ACCRA. (WC'IJAMJK MO(Mllr.:n~., Wcb~1u::ww\\,l!h:in.1.publ1sh•nt.t'U11\ ~ma,l:infhf~ t;ho.n.1publi:1.h1ng,co111 Td: +2 }3 ;m2-664 }JKt'J ' t· .' ... J I 1 • . .. . .. ' • ' ' ,. ~ ~ 1'RJNT60 BY OHANA PÙÎJUSH!)'IG COMPANYT,IMITED (ASSEMIILY,P.RESS),hCCRA Websile: WV[W,ghllll.O.pubHshi~g.com E•tnaÎI: fofo@,g1:ianapobli:d\ing,<::om Tel: 0302-664))819 • • ,