Fish Harvest Regulations 2020

REPUBLIC OF THE MARSHALL ISLANDS MARSHALL ISLANDS MARINE RESOURCES AUTHORITY PO BOX 86860 MAJUROMARSHALL ISLANDS 96960 MARSHALL ISLANDS MARINE RESOURCES AUTHORITY FISH HARVEST REGULATIONS 2020 PART I - AUTHORITY, PURPOSE, AND DEFINITIONS 1. Authority. The Fish Harvest Regulations 2020 ('The Regulations') are made and promulgated pursuant to the Marshall Islands Marine Resources Act, 1997, 51 MIRC Ch.2, Section. 2. Purpose. These Regulations intend on banning certain harvesting methods that are detrimental to the fish stock, particularly spearfishing with scuba diving gear and the use of chemicals and/or explosives. Additionally, these Regulations are intended to enable the Authority to regulate minimum fish size standards for commercial fishing operations and the commercial export of such fish and fish products through the appointed fish inspectors. The authorized fish inspectors appointed under these Regulations are solely appointed to enforce the banned harvesting methods and the minimum size standards set out herein. 3. Citation. These Regulations may be cited as the 'Fish Harvest Regulations 2020'. 4. Interpretations. (I) Unless the context otherwise requires, the following terms shall have the following meaning: (a) "Act" means the Acts in Title 5 l of Marshall Islands Rev'ised Code. (b) "Commercial fishing" means any of the following categories of fishing activities involving the generation of income: a. Small-scale fishing; b. Fish marketing; and c. Industrial fishing. ( c) "Director" means the Executive Director of the Marshall Islands Marine Resources Authority; ( d) "Fish" means any animal or aquatic organism, whether p1scme or not, and includes any oyster or other mollusk, crustacean, coral, sponie, holothurian, or other echinoderm, turtle and marine mammal, and includes their eggs, spawn, spat and all juveniles' stages and any of their parts (e) "Minister" means the Minister of Natural Resources and Commerce; and (f) "Schedule" means the Schedules incorporated hereunder as part of these Regulations; (g) "Underwater Breathing Apparatus" means any gear that is carried entirely by an underwater diver and provides the diver with breathing gas at the ambient pressure. (2) All other terms and phrases not defined herein shall have the same meaning as defined under Title 51 MIRC Chapter 1, Section 102. PART II - HARVESTING METHODS 5. Methods Prohibited 2 a. Underwater Breathing Apparatus It is against these Regulations for fish to be harvested at any size with scuba diving gear or any other underwater breathing apparatus. Any person who uses underwater breathing apparatus to fish during the daytime or nighttime is in contravention of the provisions of this Part. b. Use of Chemicals and Explosives It is against these Regulations for fish to be harvested at any size by way of using chemicals and/or explosives. Any person who uses chemicals and/or explosives during the daytime or nighttime is in contravention of the provisions of this Patt. 3 (1) No person shall: (a) use, permit to be used or attempt to use any: (i) chemical, poison or noxious substance or material whether of manufactured or natural origin; (ii) dynamite or explosive substance or device, for the purpose of killing, taking, stunning, stupefying or disabling fish or in any way rendering fish more easily caught: (b) carry, permit to be carried, possess or control any: (i) chemical, poison or noxious substance or material whether of manufactured or natural origin; (ii) dynamite or explosive substance or device, in circumstances which indicate the intention of its use for any of the purposes referred to in paragraph (a); ( c) place in the water or assist in placing in the water any: (i) chemical, poison or noxious substance or material whether of manufactured or natural origin; (ii) dynamite, or any explosive substance or device, for any of the purposes referred to in paragraph (a). (2) No person shall: (a) land, display for sale, sell, deal in, transport, receive or possess any fish or fish product taken by any means which contravenes this Part; (b) knowing or having reasonable cause to believe that any fish or fish product has been taken in contravention of this Part, fail or refuse to give, on request, to any authorized officer information regarding: (i) any activity described in Subsection (1 ), or any support of or contribution to such activity; (ii) the source of his supply of any fish or fish product referred to in Subsection (a) of this Section. (3) For the purposes of this Section, the terms ,poisonous', ,chemicals' and ,substance' include but are not limited to hypocholorus acid or any of its salts, including bleaches commonly sold under various trade names such as Clorox and Purex, and bleaching powders, preparations containing ratenone, tephrosin or plant material from Barrington asiatica, coculusferrandianus, huracrepitans, piscidiaerythrina, tephrosiapurpurea and wikstremia. (4) In any proceedings for any offense against this Section, a certificate in writing, issued under the Fisheries Act under Title 51, stating the cause of death or injury of any fish, shall be prima facie evidence of that fact. (5) For the purposes of this Section, any explosive, poison or other noxious substance found on board any fishing vessel shall be presumed to be intended for the purposes referred to in Subsection (l)(a) of this Part. (6) All fish or fish products seized under this Part shall be confiscated, and any vessel or vehicle used to transport such fish or fish products may be confiscated and disposed of in such manner as the Director determines. 6. Penalties. Any person who contravenes this Part commits an offense and, upon conviction, shall be liable for a fine not exceeding US$20,000. PART III - FISH SIZE LIMITS 7. Size Limitations for Commercial Activities (1) In undertaking the handling, purchasing, and selling of fish and fish products, individuals, operators of fishing vessels, and fish markets, shall ensure that the products meet at least the minimum size standard for that particular species as listed in Schedule 1 of these Regulations. PART IV - FISH EXPORT 8. Application for Fish Export License. An application for the Fish Export License under this Part shall be submitted to the Director in the form prescribed as 'Form la' and 'Form lb' in Schedule 2 of these Regulations with an application fee of $100 USD. 4 9. Prohibition Against the Export of Fish and Fish Products for Commercial Purposes, Without a Fish Export License. ( l) The export of fish and fish products for commercial purposes, without a Fish Export License, issued by the Authority in the form prescribed as 'Form 2' in Schedule 2 of these Regulations is hereby prohibited. (2) Any person who intends to export fish or fish products for commercial purposes, shall first apply to the Authority, for a Fish Export License. 10. Review and Consideration of Application. Upon receipt of an application, the Director shall review the application to ensure that: (a) the application has been submitted in accordance with these regulations; (b) the appropriate application fee is attached; and ( c) any other information requested by the Authority is likewise attached to the Application form; 11. Issuance of License, Form, Period of Validity and Renewal. ( l) Where the Director is satisfied upon consideration of an application, that the Applicant has satisfied all of the requirements of the Act, and these Regulations, the Director may issue the applicant a Fish Export License in the form prescribed as 'Form 2' under Schedule 2 of these Regulations. (2) All Fish Export Licenses issued under this Section, shall, unless revoked earlier, be valid for a period of 12 months from the date of issue. (3) Licenses issued under this Part may be renewed upon application to the Director, in accordance with the provisions of this Regulations, and upon the payment of the application fee. 12. Fish Export License conditions. 5 (l) Fish Export Licenses issued under this Pait, are subject to the following conditions: (a) that the exporter has demonstrated the ability and commitment to meet the appropriate standards regarding fish sizes as prescribed in Schedule 2 of these Regulations. (b) that the fish produced meets the any relevant foreign market access requirements. (2) Fish Export Licenses issued under this Part, are non-transferable. (a) Any person who exports fish and fish products in contravention of the provisions of this Part, or, who purports to transfer a license during the course of its validity, commits an offense, and shall be liable upon conviction to a fine not exceeding $20,000.00, and or, at the discretion of the Authority, the suspension or revocation of the license. 13. Consideration of Applications Within Reasonable Period of Time. Unless the delay in the consideration of an application is occasioned by the failure of an applicant to produce information requested by the Director, the Director shall take the necessary steps to ensure that an application is considered and the outcome of such consideration is communicated to an applicant within a reasonable period of time, which in no case shall exceed a period of 90 days. 14. Information to be True and Correct in Every Particular. (1) All information required under these Regulations to be recorded, notified, communicated, or reported, to the Director shall be so recorded, notified, communicated or reported, in their trne, complete and correct form. (2) Any changes in the circumstances which has the effect of rendering any such information false, incomplete or misleading, shall be communicated to the Authority promptly. 15. Offense and Penalty. Any person who provides false, misleading or incomplete information or records under these Regulations, commits an offense, and upon conviction, shall be liable to a fine in an amount not exceeding US$20,000. In addition, the Director may, at his or her discretion, suspend or revoke the export license. 16. Export for Personal Consumption Exempted. 6 ( 1) The export of fish and fish products, for personal consumption, is exempted from the applicable provisions of these Regulations in accordance with the provisions of Section 227 of the Fisheries Act (5 MIRC Chapter 2). PART V - FISH SAFETY INSPECTORS 17. Designation of Inspectors and their Powers. ( 1) The Director may designate any authorized officer appointed under section 511 of Fisheries Enforcement Act, (51 MIRC, Chapter 5) as inspectors for the purposes of section 502(l)(a) of that Act. (2) In accordance with section 502(1)(a) of the Fisheries Enforcement Act, an authorized officer designated under these Regulations shall have the powers to request a fisherman, any employee of a domestic fish market, or operator of a fishing vessel for information on the individual's or company's compliance with the requirements imposed under these Regulations. 18. Duties of Inspectors. ( 1) The duties of a fish inspector shall be the following: a) carrying out regular inspection of fish markets to ensure compliance of fish bought for sale; b) ensuring compliance with the standards of importing countries; c) maintaining a list of the licensed fish exporters; d) seizing fish that do not meet the minimum size requirement; e) fining fisherman on the spot if any of the banned harvesting methods are being used to catch fish; and t) fining commercial operators on the spot if fish being sold is under the minimum size requirement in these Regulations. 19. Offense and Penalty. Any person who assaults, obstructs, or attempts to assault and obstruct an inspector, and in any manner whatsoever, to prevent such inspectors from carrying their duties under the Act and these Regulations, commits an offense, and upon conviction, shall be liable to a fine in an amount not exceeding US$50,000.00, and or, at the discretion of the Director, the suspension or revocation of license. 7 SCHEDULE 1 Minimum Loca·1 name Species % landings size (inches-) Kwi Acan'thuru lineatu 3 7 Kupafi Acanthuru triostegus 7 Jato, jaab Lutjanus gibbu · 7 10 Mate] Pctrupeneu barberinu 3 10 Bwilak Nao lituratus 4 10 Mole~ ellok Si~an.us argm-u~u,i; .1 .II Jera Sargocentron spiniferum 2 LO ~j Hipposearu · longiceps 6 12 Pejrok Kyphosus cin nfo~ 'li7S 3 12 Pejrok ~yphosus vaigiensis l 12 Mone Na o unicornis 4 14 Wolalo Vario/a Loi,ti 2 14 Mejmej Monotaxis grandoculis 2 14 Ikbwij Caranx sexfasciatu 2 14 Laiie Cara11x melampygus 14 Jauwe Plectropomus areolatus 2 16 Epinephelus Kuro polyphekadion 8 16 Lojepjep Epinepheius maculatus 3 16 ~ t.,,tf.f,/,vrtmvh ·&11Jtt!1int,zG.:a1111thn,s 18' 8 full harvesting ban Cheilinus undulatus Bolbometopon muricatum Plectropomus laevis Epinephelus fuscoguttatus 9 10 size limit of 18 inches lethrinus erytracanthus 1% landings 11 Epinephelus polyphekadion 8% landings Epinephelus maculatus 3% landings Plectropomus areaolatus 2% landings 12 size limit of 14 inches Naso unicornis 4% landings Vario/a louti 2% landings Monotaxis grandoculis 2% landings Caranx sexfasciatus 2% landings Caranx melampygus 1% landings 13 size limit of 12 inches Hipposcarus longiceps 6% landings Kyphosus cinerascens 3% landings Kyphosus vaigiensis 1% landings 14 size limit of 10 inches Sargocentron spiniferum 2% landings lutjanus gibbus 7% landings Naso lituratus 4% landings Parupeneus barberinus 3% landings Siganus argenteus 3% landings 15 size limit of 7 inches Acanthurus lineatus 3% landings Acanthurus triostegus 1% landings SCHEDULE 2 FORM1a MARSHALL ISLANDS MARINE RESOURCES AUTHORITY P.O. Box860 MAJURO, MH 96960 TEL No.: (692) 625-826215632 Fax No.: (692) 625-5447 WEB: www.mimra.com FISH EXPORT LICENSE APPLICATION FORM TYPE OF EXPORT LICENSE D New Application• $100.00 D Application for Renewal of Permit No. • $100.00 INSTRUCTIONS: Please refer to the 'Fish Harvest Regulations 2020' for the list of banned harvesting methods and fish size limitations for commercial operations. Complete all sections of this application and provide information on additional sheets of paper if necessary. If not applicable, write NIA. Upon completion, this application should be sent to: The Director, Marshall ls/ands Marine Resources Authority, P.O. Box 860, Majuro, Marshall Islands 96960; Fax: (692) 625-8262/5632. PLEASE NOTE: Incomplete, incorrect, or back-dated applications will not be accepted. Employer Identification Number E/N Com an Address Business T Joint Venture Nature of O eration Harvester Producer Direct Exporter Nationalit Social Securi Number Do ou current/ have or have ou ever had an export ermits issued b MIMRA? Yes/No If yes, please provide permit number(s) you have held. Have ou been convicted of an offence in the Re ublic of the Marshall Islands durin the last 10 ears? Yes/No If yes, please provide description of offence Year Attachment 1 - Photo page of valid passport of Owner(s) Attachment 2 - Original or certified copy of Foreign Investment Business License (if foreign company) Attachment 3 - Original or certified copy of Local Government Business License Attachment 4 - Proof of registration, certificate of incorporation, EIN and shareholders information (if any) Attachment 5 - Business Plan (business structure, cash/low, employees, trainings, anticipated exports, etc.) Attachment 6 - Police clearance Attachment 7 - Marine Specimen Export Permit Declaration Form and source of supply (atolls/islands} 16 Attachment 8 - List and address of overseas buyers Attachment 9 - List of purchase prices from local fishers by species/product (unprocessed/processed, parts/whole) Attachment 10 - Application fee (check/money order) payable to the Marshall Islands Marine Resources Authority I hereby declare that I have read and am familiar with the regulations contained in the 'Fish Harvest Regulations 2020 ' and the other applicable laws and regulations under the MIMRA Act 1997, and I certify that the information submitted in this application form for a fish export license is complete and accurate to the best of my knowledge and belief. I understand that I am required to report to the Director within seven (7) days of any changes lo the information given on this form. I further understand that any false statement herein may render me liable to prosecution. Applicant Name Position in Company Applicant's Signature Date (mmldd/yyyy) 17 FORM 1b MARSHALL ISLANDS MARINE RESOURCES AUTHORITY P.O.Box860 FOR OFFICIAL USE ONLY MAJURO, MH 96960 TEL No.: (692) 625-8262 / 5632 Fax No.: (692) 625-5447 WEB: www.mimra.com ATTACHMENT 7 Permit No. Fee Receipt No. Processed By MARINE SPECIMEN EXPORT PERMIT DECLARATION FORM Common Name Scientific Name Origin (Atoll} Size (Inches) Quantity DECLARATION Weight lb/k I, the undersigned, as the Owner/Authorized Representative of the Exporter, declare that all information provided are true, complete, and correct. I understand that I am required to report to the Director within seven (7) days of any changes to the information given on this form. I further understand that failure to do so may render me liable to prosecution. 18 Name of Dec/arant Declarant's Signature Date (mm!dd!yyyy) Submit completed form to: The Director, Marshall Islands Marine Resources Authority, P.O. Box 860, Majuro, Marshall Islands 96960 19 FORM2 FISH EXPORT LICENSE REPUBLIC OF THE MARSHALL ISLANDS Marshall Islands Marine Resources Authority P.O. BOX 860 Majuro, Marshall Islands 96960 The person named as the license holder below is licensed in accordance with section 411 and 416 of the Fishing Access and Licensing Act (51 MIRC Ch. 4) to export the marine specimen in accordance with the terms and conditions set out in this license and the conditions in the Act and as prescribed from time to time in the Regulations. LICENSE NO: FISHING OPERATOR: Operator Name: PHONE: FAX: Company Name: EMAIL: Address of Premises: Specific Terms and Conditions of License I declare that the above information is true, complete and correct. I understand that I am required to report to the Director within seven (7) days of any changes to the information given on this form. I further understand that failure to do so may render me liable to orosecution. 20 21 Period of Validity Subject to the requirements under the Fish Harvest Regulations 2020, this License shall remain valid for a period of one (1) year from the date of signature. MIMRA Direc:tor Date THIS LICENSE IS NOT TRANSFERABLE