Foreign Fisheries Regulations 1982

LAWS OF PITCAIRN, HENDERSON, DUCIE AND OENO ISLANDS RevisedEdition 2001 CHAPTER XXIX FISHERIES ZONE Section 12 FOREIGN FISHERIES REGULATIONS Arrangement of regulations Regulation 1. Short title. PART I-INTERPRETATION 2. Interpretation. PART II-FISHERIES REPRESENTATIVE 3. Approved fisheries representative. 4. Connnunications to be made through fisheries representative. PART III-LICENSING OF FOREIGN FISHING BOATS 5. Application for licence. 6. Governor may require further information. 7. Governor may require fishing plan. 8. Contents offishing plan. 9. Form oflicence. 10. Licence fees for foreign fishing boat. 11. Payment oflicence fees. 12. Endorsement of variation of licence. 13. Suspension of licence. 14. Cancellation oflicence. 15. Production oflicence. 16. Licence to be kept on boat. 17. Duplicate licence. PART IV-CONTROL OF LICENSED FISHING BOATS IN FISHERIES ZONE AND TERRITORIAL SEAS 18. Notice of intention to enter zone. 19. Compulsory port inspection. 20. Exemption from port inspection. 357 Regulations: 3 November 1982, 16 December 1986, 1987. [2001 Ed. Fisheries Zone CAP.29] 21. Notice of intention to re-enter inspection port. 22. Flags. 23. Markings. 24. Lights and shapes. 25. Logs. 26. Interpreters. 27. Code of signals to be used. 28. Reporting. 29. Specification and completion of quota. 30. Stowage of gear. 31. Transhipment of catch. 32. Interference with fisheries. PART V-ENFORCEMENT 33. General powers of fisheries officer. 34. Facilities for observers and fisheries officer. 35. Safety of officials. 36. Compliance with instructions. PART VI-MISCELLANEOUS 37. Regulations to be read subject to conditions oflicence. 38. Bond for release of detained boat. PART VII-ADMINISTRATIVE PENALTIES 39. Notices. SCHEDULE 358 [CAP.29 Fisheries Zone 2001 Ed.] 1. These Regulations may be cited as the Foreign Fisheries Regulations. PART I-INTERPRETATION 2.. In these Regulations, unless the context otherwise reqmres "approved fishing plan" means a fishing plan for the time being approved by the Governor under Regulation 7; "call sign" means an International Radio Call Sign; "country of registration" means the state or country in which a fishing boat is recognised in international law as being registered; "equipment" includes instruments and fishing gear; "fisheries officer" means any person specified or appointed as a fisheries officer under section 6 of the ordinance; "fisheries representative" means a person approved by the Governor to be the representative in respect of any foreign fishing boat under Regulation 3; "fishing boat" includes all equipment on board or used by a fishing boat; "fishing log" means a fishing log required to be maintained on a licensed fishing boat under Regulation 25; "inspection port" means Bounty Bay, Pitcairn Island or any other port or place which the Governor has, by notification to the master, owner, charterer or licensee ofany foreign fishing boat, or the fisheries representative in respect of that boat, designated as an inspection port for the purposes of these Regulations; "licensed fishing boat" means any foreign fishing boat in respect of which a licence has been issued under section 5 of the ordinance; and "ship's log" means the log required to be kept under Regulation 25. PART II-FISHERIES REPRESENTATIVE 3. Any person wishing to apply for a licence in respect of a foreign fishing boat shall first nominate for the approval of the Governor a specified person residing or carrying on business at such place as may be approved by the Governor to be the fisheries representative of the applicant; and no application may be made for any such licence until such time 359 Short title. Interpretation. Approved fisheries representative. [2001 Ed. Fisheries Zone CAP.29] Conununications to be made through fisheries representative. Application for licence. Form 1. Governor may require further information. Governor may require fishing plan. as the Governor has approved the person so nominated. 4.-(1) When approved by the Governor in respect of a foreign fishing boat or boats a fisheries representative shall be deemed to be the agent of each such foreign fishing boat; unless in any particular case the Governor otherwise authorises, every application, notice, or other document or communication which is to be served on or made or given to the Governor in respect of any such foreign fishing boat or of any licensee, owner, master or crew member of that boat, shall be served or made or given by or through the fisheries representative to the Governor. (2) Without limiting any other method of service, delivery or communication, any notice or other document or communication which is to be or may be served or given by the Governor or by a fisheries officer to any person under the ordinance or under these Regulations in respect ofany foreign fishing boat may be served or given by being delivered or communicated, as the case requires, to the fisheries representative for that boat; in such case it shall be deemed to have been served or given at the time when it is so delivered or communicated to that fisheries representative. PART III-LICENSING OF FOREIGN FISHING BOATS 5. Every application for a licence in respect of a foreign fishing boat shall be made to the Governor in the form prescribed in Form 1 in the Schedule or in such other form as the Governor may in any particular case authorise. 6. Before determining any application for a licence, the Governor may require to be submitted to him such further information in respect of the application as he may consider necessary or expedient in order properly to exercise his powers under section 5 of the ordinance. 7. Without limiting his power under the ordinance or under Regulation 6, the Governor may, before considering any application for a licence, require the submission to him for his approval of a fishing plan which complies with Regulation 8 and may refuse to consider or to grant an application for a licence (a) until a fishing plan has been submitted to and approved by him in respect of fishing boats of the country ofregistration of the fishing boatthe subject of the application for a licence; or (b) ifthe application is not in accordance with any such 360 [CAP.29 Fisheries Zone 2001 Ed.] fishing plan. 8.-(1) Every fishing plan shall be in the form of a memorandum in the English language outlining the proposals for the taking of fish from the fisheries zone and shall include the following information (a) the areas in the fisheries zone within which fishing is intended to be carried out; (b) the number of fishing boats which will be engaged in fishing; (c) the estimated times ofarrival in and departure from the fisheries zone of each fishing boat; (d) the proposed duration of the fishing plan; (e) the likely calls at Pitcairn Island to be made by such fishing boats during the duration ofthe fishing plan; (f) all proposed transhipments offish from such fishing boats to other fishing boats in the fisheries zone during the duration of the fishing plan; (g) all proposed landings of fish on Pitcairn Island during the duration of the fishing plan; and (h) all other proposed operations in support of such fishing boat in the fisheries zone during the duration of the fishing plan. (2) The Governor may from time to time approve any fishing plan submitted to him under this Regulation or any proposal to vary that plan. (3) In approving a fishing plan, or any proposal to vary a fishing plan, the Governor may specify the duration for which his approval shall remain in force. (4) The Governor may from time to time vary or suspend any approved fishing plan or cancel his approval ofany fishing plan. 9. On granting a licence, the Governor may issue a licence in the form prescribed in Form 2 in the Schedule or in such other form as may be from time to time prescribed by the Governor by order to the owner or charterer of the foreign fishing boat in respect of which the licence is granted. 10.-(1) Every person to whom a licence has been granted under section 5 ofthe ordinance shall pay such fee therefor as may be from time to time prescribed by the Governor by order. (2) The Governor may require payment of an additional fee based on a rate per tonne of fish that a foreign boat is permitted by the conditions of its licence to take. (3) The Governor may require a proportion of the catch taken by the boat in respect of which the licence has been granted to be landed for processing at Bounty Bay, Pitcairn 361 Contents of fishing plan. Form oflicence. Form 2. Licence fees for foreign fishing boat. [2001 Ed. Fisheries Zone CAP.29] Payment of licence fees. Endorsement of variation oflicence. Suspension oflicence. Cancellation of licence. Production oflicence. Licence to be kept on boat. Duplicate licence. Island, or at any other port or place either within the Islands or elsewhere as he may direct. (4) The Governor may, in such circumstances and subject to such conditions as he may consider appropriate, exempt any person from all or any ofthe provisions ofthis Regulation. 11. All fees payable under these Regulations shall be paid to the Governor. 12.-(1) Where under subsection (8)(a) of section 5 of the ordinance the Governor has varied the licence of any foreign fishing boat and has required the licensee or the master of the boat to deliver the licence to the Mayor at Adamstown, Pitcairn Island, for endorsement accordingly, that owner or master shall do so within twenty-four hours after the boat arrives at Bounty Bay, Pitcairn Island. (2) After a licence has been endorsed under this Regulation, it shall be returned to the licensee or master of the licensed boat. 13.-(1) Where under subsection (8)(b) of section 5 of the ordinance the Governor suspends any licence, every licensee to whom the suspension applies shall within seventy-two hours after receiving notice of the suspension surrender his licence to the Mayor or to the Governor, as may be directed in such notice. (2) On the expiry ofthe period of suspension ofany licence, it shall be returned to the licensee. 14. Where under subsection (8) of section 5 of the ordinance the Governor cancels any licence, every licensee to whom the cancellation applies shall within seventy-two hours after receiving notice of the cancellation surrender his licence to the Mayor or to the Governor, as may be directed in such notice. 15. Every master of a licensed boat in the fishing zone or the territorial seas shall on the demand of a fisheries officer produce to that officer for inspection the licence issued in respect of that boat. 16. Except as provided in Regulations 12, 13, 14 and 15, every licence shall be maintained in good condition on the fishing boat in respect ofwhich it is issued in a place where it can be readily inspected by a fisheries officer and is safe from the elements. 17. The Governor may from time to time, where (a) he is satisfied that a licence has been accidentally lost, destroyed or so damaged as to be illegible; or 362 [CAP.29 Fisheries Zone 2001 Ed.] (b) for any other reason he considers it desirable to do so, issue a duplicate licence to the licensee. PART IV-CONTROL OF LICENSED FISHING BOATS IN FISHERIES ZONE AND TERRITORIAL SEAS 18. No foreign fishing boat shall enter the fisheries zone from beyond that zone unless not less than twenty-four hours before its entry the Mayor has been notified of (a) the name, call sign and country of registration of the boat; (b) the latitude and longitude of the point at which the boat will enter the fisheries zone; (c) the estimated time of arrival at an inspection port; and (d) the quantity of each species of fish on board the boat. 19.-(1) Every licensed foreign fishing boat shall on entering or prior to leaving the fisheries zone proceed directly and immediately to an inspection port. (2) No licensed fishing boat shall be used for fishing in the fisheries zone or the territorial seas unless and until a clearance to fish is given by a fisheries officer. (3) Every foreign fishing boat in respect ofwhich clearance to leave the fisheries zone has been given by a fisheries officer shall on leaving an inspection port proceed expeditiously out of the fisheries zone. 20. The Governor may exempt a foreign fishing boat from compliance with any provision of Regulation 19 on such conditions as he may specify. 21. Where a licensed foreign fishing boat wishes to enter an inspection port after it has been given clearance to fish under Regulation 19 but before it has had clearance to leave the fisheries zone, the Mayor shall be notified not less than twenty-four hours before its intended entry of (a) the name, call sign and country of registration of the boat; (b) the estimated time of arrival; (c) the purpose of the intended entry. 22. Every licensed foreign fishing boat shall at all times while it is in the territorial seas or the fisheries zone fly the flag of its country of registration. 363 Notice of intention to enter zone. Compulsory port inspection. Exemption from port inspection. Notice of intention to re-enter inspection port. Flags. [2001 Ed. Fisheries Zone CAP.29] Markings. Lights and shapes. Logs. Interpreters. 23. Every licensed foreign fishing boat shall at all times when it is in the territorial seas or the fisheries zone display its call sign in block Roman alphabet letters not less than one metre in height, in white markings on a black background or in black markings on a white background on the port and the starboard side of the hull, in such a manner that the markings are clearly visible and legible from the air and at sea level. 24. Every licensed fishing boat shall while in the territorial seas or the fisheries zone display lights and shapes in compliance with the requirements of the International Regulations for Preventing Collisions at Sea for the boat and the activity in which it is engaged. 25.-(1) Every master of every licensed fishing boat shall maintain a ship's log in the English language on board the boat at all times while the boat is in the territorial seas or the fisheries zone; and the master shall enter therein a record of the date, time and nature of every instruction, direction or requirement communicated to the master by the Governor, the Mayor or a fisheries officer while the boat is in the territorial seas or the fisheries zone. (2) The master ofevery licensed fishing boat shall maintain in the English language on board the boat at all times while the boat is in the territorial seas or the fisheries zone, a separate fishing log; the master shall enter therein daily whenever the boat is in the fisheries zone the following information relating to the activities of the boat during each day (a) the fishing effort of the boat; (b) the method of fishing used; (c) the areas in which fishing was undertaken; (d) the quantity of each species of fish taken; and (e) such other information as the Governor may reasonably require in order to ascertain the fishing activities of that boat in the fisheries zone. (3) Every fishing log shall be maintained in a form supplied or approved by the Governor. (4) The master of every licensed fishing boat shall within twenty-four hours after each occasion on which the boat enters an inspection port forward the completed fishing log to the Mayor. 26.-(1) Every licensed fishing boat shall at all times while it is in the territorial seas or the fisheries zone have on board a person who is able to converse effectively in English and to act as an interpreter from English into the language of the master. (2) The Governor may in any particular case exempt a 364 [CAP.29 Fisheries Zone 2001 Ed.] licensed fishing boat from compliance with paragraph (1) on such conditions as he may specify. 27.-(1) Every licensed foreign fishing boat in the territorial seas or in the fisheries zone shall carry the latest edition of the "International Code of Signals" published by the Inter Governmental Maritime Consultative Organisation Marine Safety Committee. (2) Every person who is a master or officer of a licensed fishing boat shall have a working knowledge of that code. (3) In every communication by radio, flag or light between any licensed fishing boat in the territorial seas or the fisheries zone and any Pitcairn authority, the signals specified in the said code shall be used. 28.-(1) Every licensed fishing boat shall while it is in the fisheries zone report to the Mayor at intervals not greater than seven days the following information (a) the name, call sign and country of registration of the boat; (b) its position at that specified time. (2) Every licensed fishing boat shall, while it is in the fisheries zone report weekly the quantity of each species of fish taken by the boat in the fisheries zone during the previous seven-day period and the areas in which such fish were taken. 29. The fisheries representative of each licensed foreign fishing boat shall notify the Governor forthwith of the completion of the taking of the catch which has been apportioned to that fishing boat. 30.-(1) All fishing equipment on board a foreign fishing boat in the territorial seas or the fisheries zone shall be stowed in such a manner as not to be readily available for use for fishing. (2) Paragraph (1) shall not apply to a licensed fishing boat which is in an area in which it may be used for fishing pursuant to its licence. 31. No fish shall be transhipped from a foreign fishing boat in the territorial seas or fisheries zone to any other boat except at a place and time authorised for the purpose by the Governor and in accordance with such conditions as he may specify. 32. No living organism, article or substance, other than fishing equipment or bait, which is likely (a) to cause harm to any fish or marine mammal; or (b) to obstruct fishing equipment; or 365 Code of signals to be used. Reporting. Specification and completion of quota. Stowage of gear. Transhipment of catch. Interference with fisheries. [2001 Ed. Fisheries Zone CAP.29] General powers of fisheries officer. Facilities for observers and fisheries officer. (c) to become a hazard to navigation, shall be put or released into the territorial seas or the fisheries zone from a fishing boat. PART V-ENFORCEMENT 33. Any fisheries officer may at any time in the territorial seas or the fisheries zone with such aid as he considers to be necessary for the purpose (a) require the master or any other crew member ofany licensed fishing boat to inform him of the name, call sign and country of registration of the boat and the name of the master or any other crew member; (b) require the master of the boat to produce the ship's log or the fishing log to him for inspection and to make a copy or transcript for retention by the fisheries officer; (c) make an entry, being an entry dated and signed by him, in the ship's log; (d) subject to any other applicable law, give to the master such directions as he thinks fit as to the stowing and sealing or the landing on the shore of any equipment on board the boat which contravenes or is being used in contravention of any conditions of the licence issued in respect of the boat or any law applicable to the boat; (e) give such directions as are necessary or reasonably expedient to the master or any other crew member of the boat for any purpose specified in these Regulations or to provide for the compliance by the boat or the master or any other crew member with the conditions or the licence of any law applicable to the boat. 34.-(1) Every master of a licensed fishing boat in the territorial seas or the fisheries zone (a) whenever required so to do by the Governor, shall allow any person authorised by the Governor for the purpose to board and remain on the boat as an observer while it is in the territorial seas or the fisheries zone; (b) whenever required so to do by the Governor or a fisheries officer, shall allow any fisheries officer to board and remain on the boat while it is in the territorial seas or the fisheries zone. (2) Every master of a licensed fishing boat in the territorial seas or the fisheries zone shall, whenever required so to do by 366 [CAP.29 Fisheries Zone 2001 Ed.] the Governor or a fisheries officer, proceed to an inspection port for the purpose of embarking or disembarking any observer or fisheries officer. (3) At all times while any observer or fisheries officer is on board a licensed fishing boat pursuant to this regulation, the master (a) shall allow the observer or fisheries officer full access to all equipment, records and documents and to all fish on board the boat; (b) shall permit the observer or fisheries officer to make such tests, observations and records and to take and remove such samples as he may require in order to determine the nature and extent of the activities of the boat in the fisheries zone; (c) shall provide for the observer or fisheries officer all reasonable assistance to enable him to do any act specified in subparagraphs (a) and (b); (d) shall provide food and accommodation, at least equivalent to the standard of that provided for the officers of the boat, for the observer or fisheries officer. (4) No compensation shall be payable by the Crown to the licensee or master of a foreign fishing boat for the costs of complying with this regulation. 35. Every person who is the master or a crew member of a foreign fishing boat shall take all reasonable precautions for the safety of every fisheries officer or observer who is boarding, on board or leaving the boat in the territorial seas or the fisheries zone. 36. Every person who is the master or a crew member of a foreign fishing boat in the territorial seas or the fisheries zone shall immediately comply with every instruction, direction or requirement which is given or made to him by a fisheries officer pursuant to these Regulations. PART VI-MISCELLANEOUS 37. In relation to a licensed fishing boat, the provisions of these Regulations shall be read subject to the conditions of the licence issued in respect of that boat. 38. Every bond to be provided by way of security for the release of a foreign fishing boat detained under section 6 of the ordinance shall be in the form specified in Form 3 in the Schedule or in such other form as the Governor may in any particular case or class of cases authorise. 367 Safety of officials. Compliance with instructions. Regulations to be read subject to conditions oflicence. Bond for release of detained boat. [2001 Ed. Fisheries Zone CAP.29] Notices. Form 4 Form 5 Form 6 PART VII-ADMINISTRATIVE PENALTIES 39. For the purposes of section 11 of the ordinance (a) a notice under subsection (1) of that section shall be in the form prescribed in Form 4 in the Schedule; (b) a notice under subsection (3) of that section shall be in the form prescribed in Form 5 in the Schedule; (c) a notice under subsection (7) of that section shall be in the form prescribed in Form 6 in the Schedule. 368 [CAP.29 Fisheries Zone SCHEDULE 2001 Ed.] Form No.1 NAME OF BOAT: . IDENTIFICATION MARKS: . PORT OF REGISTRATION: . OWNER(S) / CHARTERER(S): . OWNER(S) / CHARTERER(S) OFFICE AND ADDRESS:: . APPLICATION FORA LICENCE TO FISH IN THE PITCAIRN FISHERIES ZONE This application refers only to fishing within those waters described in section 3 of the Fisheries Zone Ordinance (Appendix I) for the period from 20 to 31 December 20 The licence may authorise fishing generally or may confer limited authority to fish as specified in section 5(4) (a-n) of the above Ordinance (Appendix II). 1. 2. 3. 4. 5. 6. BOAT SIZE-DVERALL LENGTH: . BREADTH: DRAFT: . 7. GROSS TONNAGE: tonnes 8. FISH HOLD TONNAGE: tonnes 9. NUMBER AND NATIONALITY OF CREW: . 10. PREVIOUS FISHING HISTORY IN THE AREAWHICH IS NOW INCLUDED IN THE PITCAIRN FISHERIES ZONE. I:~CATCH~ 11. AREA WITHIN WHICH FISHING IS NOW REQUESTED: . 12. SPECIFIC PERIOD FOR WHICH FISHING IS REQUESTED: .. 13. SPECIES OF FISH TO WHICH LICENCE IS SOUGHT TO APPLY: . 369 [2001 Ed. Fisheries Zone CAP.29] 14. SPECIFIC FISHING METHODS TO BE USED: POLE AND LINE NUMBER OF POLES: . LONGLINING NUMBER OF HOOKS: . PURSE SEINING LENGTH AND DEPTH OF NET (m): . OTHER METHOD(S) (please specify): . 15. INTENDED DISPOSAL OF CATCH: (a) AT PITCAIRN ISLAND (i) FOR PROCESSING (ii) FOR LOCAL SALES (iii) FORTRANSHIPMENTANDEXPORT(UNPROCESSED) (b) TRANSHIPMENT AT SEA FOR EXPORT FROM THE FISHERIES ZONE ULTIMATE DESTINATION . (c) TRANSPORTATION ON BOARD LICENSED BOAT OUT OF FISHERIES ZONE ULTIMATE DESTINATION: . (d) COMBINATION OF (a)-(c) PLEASE SPECiFy . 16. INTENDED USE OF PORTS AND RELATED FACILITIES WITHIN THE ISLANDS: (a) FOR DISPOSAL OF CATCH, STATEISLAND . (b) OBTAINING ICE, FUEL, FISHING GEAR, PROVISIONS OR RECREATION, STATEPORT . (c) REPAIRS, OUTFITTING OR MAINTENANCE, STATE PORT . 17. DO YOU INTEND OR WOULD YOU BE WILLING TO TRAIN RESIDENTS OF PITCAIRN ISLAND IN THE METHODS OF FISHING EMPLOYED BY THE ABOVE BOAT? YES/NO 1/ We, owner(s) / charterer(s) / certified legal representative of the above boat, certify that the above information is true and accurate: Signed . Dated . NOTE: Licenses will be issued annually and cost NZ$35.00 per metre or part thereofof the overall length of the boat plus 5% of the landed market value of the catch. Appendix I Section 3 of Fisheries zone Ordinance. Appendix II Section 5(4) (a-n) of the Fisheries Zone Ordinance. 370 [CAP.29 Fisheries Zone FISHERIES ZONE ORDINANCE 2001 Ed.] Form No.2 OFFICE OF THE GOVERNOR OF PITCAIRN, HENDERSON, DUCIE AND OENO ISLANDS. LICENCE No: . FEE PAID NZ$: . LICENCE TO FISH IN THE PITCAIRN FISHERIES ZONE BOAT:. LOA: . PORT OF REGISTRATION: . This is to certify that . of being the owner(s)/charterer(s), or certified legal representative of the owner(s)/charterer(s) of the above fishing boat, may permit the use of the said boat for the purpose of fishing within the Fisheries Zone from 20.......... to 31 December 20 . according to the following stipulations 1. Method(s) of fishing . 2. Species offish to be taken: . 3. Area to be fished: . 4. Period limitation: . 5. Allowable catch: . 6. Stowage of gear when not in use: . 7. Transfer, transhipment, landing and processing restriction: . 8. Restrictions on entry to any port or place: . 9. Boat markings: . 10. Entry, exit and reporting procedure: . 11. Compliance with the general regulations of the Fisheries Zone Ordinance as detailed overleaf. 12. Special conditions: . Dated: Governor: . 371 [2001 Ed. Fisheries Zone FOR INFORMATION CAP.29] GENERAL REGULATIONS OF THE FISHERIES ZONE ORDINANCE 1980-1982 OF PITCAIRN, HENDERSON, DUCIE AND OENO ISLANDS 1. Statistical and other information relating to the operations of the boat including catch and effect statistics and boat position will be supplied as requested. 2. The licence must be produced on demand by any fisheries officer. 3. The boat may be required to (a) assist in fisheries research programmes; (b) train Pitcairn Island residents in the methods of fishing employed by the boat and the transfer to Pitcairn Island of fisheries technology; (c) permit the placing of Pitcairn residents as observers on the boat; (d) carry specified nautical charts; (e) install and maintain in working order on the boat of position fixing or other identification equipment; (f) comply with directions and instructions of boats or aircraft operated by or on behalf of Her Majesty's Armed Forces; (g) any other conditions as the Governor considers necessary or expedient for the regulation of fishing or the conservation and management of fisheries. 4. The operations of the boat must comply with all additional requirements of the Fisheries Zone Ordinance with specific reference to section 5 on the suspension and revocation of licences, licensing offences, section 6 on the definition of fisheries officers, section 9 on the forfeiture of boats, section 10 on security for release of foreign fishing boats and section 7 on obstruction of a fisheries officer. 372 [CAP.29 Fisheries Zone FISHERIES ZONE ORDINANCE 2001 Ed.] Form No.3 FOREIGN FISHERIES REGULATIONS 1982 (Regulation 38) FORM OF BOND FOR THE RELEASE OF A FOREIGN FISHING BOAT DETAINED UNDER SECTION 6 OF THE FISHERIES ZONE ORDINANCE 1980-1982 Before the Magistrate's Court at Adamstown, Pitcairn Island Fisheries Case No of20 . Each of the undermentioned persons acknowledges for himself that he owes to Her Majesty The Queen the sum of (i) dollars in New Zealand currency payment thereof to be enforced against him by the Governor of Pitcairn, Henderson, Ducie and Oeno Islands and that if any of the conditions set out hereunder shall occur then this bond shall be of no effect, but that otherwise this bond shall remain in full force and effect. CONDITIONS (a) no proceedings are instituted against . ...... (ii) the (iii) of the fishing boat (iv) Identification No: (v) registered at (vi) within a period of six months from its seizure in respect of the offence for which the boat was detained; or ~~~ ~ is not found guilty of the offence; or ~~~ ~ on being convicted of the offence pays in full within 14 days after he is convicted the amount of the fine imposed by the Court and the said boat is within that time surrendered to the Crown for forfeiture if so ordered by the Court. ..................................................................................................... (iv) ...................................................... ················································M Taken before me this day of 20 . Magistrate (i) insert amount secured (ii) insert name and address of accused person (iii) insert whether master, owner, charterer or crew member (iv) insert name of fishing boat (v) insert identification number offishing boat (vi) insert port of registry of fishing boat 373 [2001 Ed. Fisheries Zone NOTICE OF ALLEGED OFFENCE CAP.29] Form No.4 Regulation 39(a) TO: No . IN THE MATTER of section 11 of the Fisheries Zone Ordinance 1. TAKE NOTICE that I have reasonable cause to believe that on ........................... day the day of , 20 . at you committed an offence against.. (specify section or regulation applicable) in that you . (specify brief details of alleged offence), being an offence relating to fishing within the exclusive fisheries zone which I consider appropriate to be dealt with under section 11 of the Fisheries Zone Ordinance. 2. The following is a summary of the facts on which this allegation is based (Specify a sufficient summary fully and fairly to inform recipient of allegation against him.) 3. I consider the following matters to be relevant to the imposition of a penalty in this case 4. This notice is served on you pursuant to section 11(l) of the Fisheries Zone Ordinance. The provisions of that section are set out in full on the second page of this notice. DATED this day of , 20 . Governor (full text of section II) 374 [CAP.29 Fisheries Zone 2001 Ed.] Form No.5 NOTICE REQUIRING PROCEEDINGS TO BE DEALT WITH IN COURT Regulation 39 TO: The Governor, Pitcairn, Henderson, Ducie and Oeno Islands. TAKE NOTICE that I require that any proceedings in respect of the alleged offence referred to in your notice number served on me under section 11(1) of the Fisheries Zone Ordinance shall be dealt with before the Court. DATED this day of... , 20 . Signature 375 [2001 Ed. Fisheries Zone CAP.29] Form No.6 NOTICE OF IMPOSITION OF ADMINISTRATIVE PENALTIES Regulation 39(c) TO: No . IN THE MATTER of section 11 of the Fisheries Zone Ordinance 1. TAKE NOTICE that I have on the day of , 20 imposed on you a monetary penalty of $NZ .in respect of the offence committed by you on the day of .................................. , 20 against . ........................................ (specify section or regulation applicable). 2. This penalty must be paid to the Crown within 28 days after this notice is served on you. 3. Payment should be made to the Governor. DATED this day of , 20 . Governor 376