Fisheries (Foreign Fishing Vessels) Regulations 1981

169 [Legal Notice No, 68 J FISHERIES ACT (No. 13 of 1972) JnSH~RI~S(FOR~IGN !,'ISHING VJ:t;SSELS) R~GULATIUNS ius i I make the following Regulations under section 20 of the Fisheries Act. 1. These Regulations may be cited as the Fisheries (Foreign Fishing Citation. Vessels) Regulations 1981. 2. In these Regulations - Interpre­ tation "territorial seas" means the territorial seas of Solomon Islands as defined in the Delimitation of Marine Waters Act 1978; No. 32 of 1978 "fishery limits" means the limits set by or under section 2. of the Fishery Limits Act 1977; and No. 18 of 1977. "permit" means a permit granted under section 7(2) of the Fisher­ ies Ad. 3. Each permit shall be in conformity either with Form Fl or as the Form of case may be with For1!\ F2 in the First Schedule to these Rcgulat- Permit ions but may contain such informative additions as the licensing officer may consider expedient. 4. A permit shall be valid from the date of issue for the period end- Validity orsed on the permit by a licensing officer, such period not to permit exceed 1 year. 5. 6. A permit shall authorise a vessel to do such things as are endorsed on the permit in accordance with section 7 of the Act during the Permit, Activa tion Period. The Permit Activation Period shall be endorsed on the perrni t and may be eithe-c (a) for the period of the permit; or (b) for such period or periods as the licensing officer may from time to time specify in writing. Permit Authori­ sation Permit Acti­ vat ion period 7. It shall be a condition of each perrni t that the master of the foreign Conditions fishing vessel in respect of which the permit was issued shall within of permit the fishery limits (i) comply with the Fisheries Act and the Regulations made under the Act; Adaitiollal 8. cunditions for locally chartered foreign f'ish ing vessels 170 (ii) comply with the lawful instructions of an authorised officer; (iii) permit an authorised officer t o inspect the vessel its catch and gear; (i1/") present the catch for examination and weighing when re­ quired by a fisheries officer; (v) carry an observer on behalf of the Government of Solomon Islands whenever required by the Principal Lic~nsing Officer. It shall be an additional condition of each permit issued to the master of a foreign fishing 'Vessel chartered by any company or fishermen's co-operative society incorporated under the laws of Solomon Islands and having its principal place of business in Solomon Islands that the master shall (i) not, save for bait fishing, fish within five hundred metres of low water mark or within one nautical mile of any village nor fish within any local fishing area specified by the Principal Licensing Officer and shown on the local fishing area maps approved by the Principal Licensing Otficer or in any manner not authorised by the permi t ; (ii) if permitted to engage in pole and line fishing (a) not bait-fish in any area unless such area is shown on the current set of baitgroun d maps approved by the Principal Licensing Officer and is the subject of an agreement between the customary baitground owners and the company Or fishermen's co-operative by which the foreign fishing vessel is chartered; (b) carryon board at all times the latest set of baitground maps approved by the Principal Licensing Officer; and (c) keep a daily record of bait-fishing operations in a form approved by the PrincipaJ Licensing Officer; (iii) carryon board at all times the current set of local fishing area maps as approved by the Principal Licensing Officer; (iv) keep a daily record of all other fishing operations in a form approved by the Principal Licensing Officer; (v) submit a copy of r-ach daily record of baitfishing and other fishing operations or with the agreement of the Principal Licensing Officer a summary total thereof, to the Principal Licensing Officer as often as he shall require 171 (vi) erase all foreign fishing registration marks from the vessel and legibly paint the Identifying Mark shown on the permit in black on a white background on both sides of the hull at the turn of the bow of the vessel, on both sides of the bridge superstructure and on such part of the vessel as may be required by the Principal Licensing Officer with letters and num bers not less than 30 centimetres high each stroke there­ of being not If'SS th:m 5 centimetres wide; (vii) clearly exhibit the said Identifying Marks on all bait fishing boats and fixed fishing gear, 9. It shall be an addi ti onal condition of each permit issued to the master of a foreign fishing vessel other than a vessel mentioned in Regulation 8 that the master shall (i) report t o lh .. I'lil1\':II'<ll Licens ing Of'Ficer un entry i n Lu an d dr-pnrt u n- Irom (he fishery limits and, while remaining within tl1(' nshny limits, at such regular intervals as may be n'quir('(l by ll1(' Principal Licensing Officer giving the posl­ t ion PI' t hc vcssi-l and a summary of the catch on board by weigh!. Ill' spccu-s ; (ii) 1ll"'p;l daily catch record in a form approved by the Principal LilTl1sil1g 0 rricl'I' and submit a copy of such catch record, or with 111(' ;1~n'('n1('nt of the Principal Licensing Officer a xumm arv t ot a l thereof, to the Principal Licensing Officer as ofLr-n ;1;; 11(' ;;11:111 n-quirc: (iii) not lixh within Lhr- waters contained within the outermost litnil~ of thr- terr itorial seas of Solomon Islands or outside the limi ts e udorscd on the permit or in any manner not au tho­ ris('d by tlw pr-rrnit ; (iv) I<'gihly paint the identifying mnr k shown 011 the pcrrni t on the hull "midships on both sides, and on such other part of till' vpSSP] :IS rn ay 1)(' required by the Principal Licensing o Hice r in letters and figures orre metre high, cle ar an d distinct, black all white, white on black or other similar con­ tr as t in g colours. Add it io nal conditions for other [or e ign fishing vessels. 10. A licensing officer may impose such further conditions as may be Further rr-q uire d for the purpose of sccti ons 3( 2) and 7 of the Fishcric:s Act co nd it io ns including in particular conditions required by any agreement made between the Government of Solomon Islands of the one part and a foreign government or foreign fishing association, co-operative or corporation of the other part. Foreip, 1 1. fishing vessel to stow gear. Amendments 12. of the Fisheries H('~uIJtiun:'i /972 (I.N 7('/71) 172 Any fishing gear aboard a foreign fishing vessel not permitted to fish within the fishery limits shall while the vessel is within the fishery limi ls be stowed wholly inboard the vessel and (a) nets, trawlboards and weights shall be disconnected from towing or hauling wires or ropes and all mechanical hauling devices shall be sufficiently disconnected to be incapable of immediate use; (b) if carried on or above deck, shall be secured to some part of lhe super-structure or hull of the vessel. The Fisheries Regulations 1972 are amended as set out in the Second Schedule. 173 FIRST SCHEDULE Form Fl SOLOMON ISLANDS PERMIT FOR FOREIGN FISHING VESSEL (Fisheries Act and Fisheries (Foreign Fishing Vessel) Regulations 1981 ) PART I Permit No . THE VESSEL NAMED BELOW IS AUTHORISED TO ENTER THE FISH­ ERY LIMITS OF SOLOMON ISLANDS DURING THE PERMIT ACTIVA· TION PERIOD FOR THE PURPOSES INDICATED IN PART 2. Issued to .. Address . Name and address of owner of vessel . Name of v,,"ss(' I .. Type of vessel . Port and c oun try of rpgislry . Registrar ion No .. Iclenti [icat ion mark . Length Rcg istr-rr-d nr-t tonnage' .. Engine horsepower .. Radio call sign F'rr-qur-ncy .. Porrni t Pr-r io d from 10 . PERMIT AUTHORISATION. For thr- purp/l~l's sptTifi(.c1 in Part 2 during the Permit Activation Period only. 174 PERMIT ACTIVATION PERIOD (a) The Permit Period. or (b) Such period or periods as the licensing officer may from time to lime specify in writing. PART 2 AUTHORISATION TO FISH Description of fishing operations authorised Areas which nlay be fished . Species of fish lo be taken . Authorised landing places . Further conditions .. AUTHORISATION TO LOAD, UNLOAD OR TRANSHIP Descriplion or operations aulhorised . Further conditions . 175 AUTHORISATION TO LOAD OR UNLOAD FUEL AND SUPPLIES Description or operations authorised . Authorised bunkering ports . Authorised number and frequency of visits . Dated at this day of . ........................................... 19 . Licensing Officer NOTE. THE HOLDER OF THIS PERMIT IS SUBJECT TO THE FISHERIES ACT 1972 AND TO THE REGULATIONS MADE UNDER THE ACT, IN PARTICULAR TO THE FISHERIES (FOREIGN FISHING VESS­ ELS) REGULATIONS 1981. 176 Form F2 SOLOMON ISLANDS PERMIT FOR FOREIGN FISHING VESSEL CHAR1"'RRRO TO LOCAL COMPANY OR CO-oPERATIVE (Fisheries Act and Fisheries (Foreign Fishing Vessel) Rpgull\tions 1981) PART I Permit No . THE VESSEL NAMED BELOW IS AUTHORISED TO FISH WITHIN THE FISHERY LIMITS IN ACCORDANCE WITH PART II OF THIS PERMIT DURING THE PERMIT ACTIVATION PERIOD. Issued to . Address .. Name and address of owner of vessel .. Name and address of company or co-operative chartering vessel . Period of charter: from , to . Name of vessel identification mark . Port of Registry . 177 Radio call sign Frequency . Length Tonnage . Engine horsepower . Permit Period: from to . Permit Authorisation: For the purposes specified in Part 2 during the Permit Activation Period only. Permit Activation Period: Permitted fishing operations (a) The Permi t Period. or (b) Such period or periods as the licensing officer from time to time speci fy in writing. PART II Areas which may be fished . Species of fish to be taken . Further conditions . Dated at this day of . .......................................................... 19 . Licensing Officer NOTES. 1. THE HOLDER OF THIS PERMIT IS SUBJECT TO THE FISH­ ERIES ACT 1972 AND TO THE REGULATIONS MADE UN­ DER THE ACT. IN PARTICULAR TO THE FISHERIES (FOR: EIGN FISHING VESSELS) REGULATIONS 1981. 178 2. UNDER SECTION 7(6) OF THE FISHERIES ACT 1972 BRE­ ACH OF THE CONDITIONS OF THIS PERMIT MAY MAKE THE OWNER, MASTER AND CHARTERER OF THE VESSEL EACH LIABLE TO A FINE OF $25,000.00. SECOND SCHEDULE Amendments to the Fisheries Regulations 1972 1. Under the heading "Arrangement of Regulations" delete "6 Additional con­ ditions for licensed forcign fishing vcsse ls " and "8. Foreign fishing vessels to report and stow gear." 2. Delete Regulation 8. 3. In the First Schedule delete Form 5 (foreign fishing vessels permit). Dated at Honiara this fourteenth day of December, 1981. P. SALAKA Minister of Land, Energy and Natural Resources