Fisheries (Foreign Fishing Vessel) Regulations 1982 (Cap. 45)

1506 TUV 24 14 CAP.45 Fisheries [1990 Ed. L.N. 6/83 L.N. 22/84 Title and commence ment Interpretation Applications for Permit Schedule II FISHERIES {FOREIGN FISHING VESSEL) REGULATIONS - 1982 PRELIMINARY 1. These Regulations may be cited as the Foreign Fishing Vessel Regulations 1982 and shall come into force on the 10th day of December 1982. 2. In these Regulations unless the context otherwise requires; "the Ordinance" means the Fisheries Ordinance (Cap. 45); "call sign means the International Radio call sign unless the J."isheries Officer has authorised a different method of identification under regulation 7(2); "crew member" includes any fishing master; "country of registration" of any vessel means the state in which the veasel is recognised at international law as being registered; "vessel" includes all equipment on board or used by a vessel; "equipment" includes all instruments apparatus and gear including fishing gear; "Fisheries Officer" means the officer appointed under section S of the Act and includes any assistants or advisers authorized by him to carry out fishery matters; "fishing log" means the fishing log required to be maintained on a permitted veseel under Regulation O of these Regulations; "FAD" means any floating object, whether anchored or drifting, placed for the purpose of aggregating fish; "master" includes any person acting for the time being as master; "owner" includes any person chartering or for the time being operating the vessel and the person who applied for the permit in respect of that vessel; "Permit" means any Permit granted under subsection (2) of section 5 of the Act; "Permitted Vessel" means any vessel in respect of which a permit has been granted; All words and phrases defined in the Act shall bear the same meaning in these Regulations unless the context otherwise requires. THE GRANT OF PERMITS TO FOREIGN FISHING VESSELS 3.(1) A permit shall, unle88 the Minister otherwise directs, be in the form set out In th" fiNlt B,:,hedule to these Regulations. (2) The Fisheries Officer shall require that all applications for permits be in the form set out in the Second Schedule. 1507 TUV 25 1990 Ed.] Fisheries CAP.4S 15 (3) The Fisheries Officer shall with the approval of the Minister have the discretion to refuse any application for a fishing permit and all agreements for the grant of licenses shall be deemed to specifically include such discretion. 4. The Fisheries Officer ma.y require that a permit which ha.a been either Surrender or cancelled or suspended, or which has expired, be delivered to him within a Permit specified period. 5.(1) Every permit shall be delivered by the owner to the vessel to which it Permit to be relates as soon as possible and shall there be maintained in good condition in a Displayed place where it can be readily inspected by an authorised officer. (2) Where it has been impracticable to deliver a. permit to a vessel before entering the fishery limits, that vessel may operate provided the Master has a record of the permit number issued to that vessel and the date on which the permit was issued. CONTROL OF FOREIGN FISHING VESSELS IN THE FISHERY LIMITS 6.(1) No Permitted Vessel shall enter the fishery limits unless, not le88 than 24 Notification of hours be!ore its entry, the Fisheries Officer (or any person or body nominated Intended Arrival by him in writing) has been notified of the following matters: and of Departure { a) The name, call sign, and the country of registration of the VfUIA@1; { b) The Permit number of any Permit granted in respect of that vessel; { C) The latitude and the longitude of the point at which the vessel will enter the fishery limits; { d) The quantity oC fish on board the vessel broken down according to species; (2) On leaving the fishery limits the Master of any Permitted vessel shall, within 24 hours, report to the Fi•heries Officer giving the Collowing information: ( a) The name ca.II sign and country of registration of vessel; { b) The Permit number of any Permit granted in respect of that vessel; (c) The port at which the fi11h are intended to be finally unloaded and whether tranehipment is intended. Flags Signs 7.(1) Every Permitted Vessel shall at all times while it is in the fishery limits fly the flag of its country 0£ registration. (2) The Fisheries Officer may authorise the use of some system of recognition other than the call sign and where he does so authorise then these Regulations shall take effect as if the words "call sign" were repb.ced by wo~d• identifying the system authorised wherever the words "call sign" appear in these Regulations. and call 8.(1) Every Permitted Vessel shall at all times that it is within the fisheries Display of call limits display it's call sign on the top of the Ve88el so as to be clearly visible Sign and Permit from the air and also on both sides of the hull with Jett.era and numbers at least Number one meter high and in clearly visible"colours. ~ 1508 TUV 26 16 CAP.45 Fisheries [1990 Ed. Log Books Schedul1:1 III Means of Communica tion Reporting Stowage Avoidance of se't gear (2) No Permitted Vessel shall use for fishing in the fishery limits any fishing gear that cannot readily be seen to be attached to the veHel unleH the ve111el'1 call sign i11 permanently and legibly marked on the geM in a place and position where it is easily seen. In respect of this subregulation "fishing gear" includes FADS. 9.(1) Every master of a Permitted Vessel shall maintain in the English language and in ink, at all times that the veuel is within the fishery limits, a log book in the form set out in the Third Schedule. (2) The fishing log referred to in regulation 9(1) shall be maintained 10 that it is at all times a complete and accurate record of the veHel'• fishing activities. (8) The original unaltered fishing log maintained under the provision, of 1ubregulation (1) shall be sent by airmail to the Fi1herie1 Officer or to the penon prescribed in any access agreement or in writing by the Fi1herie1 Officer u 100n u possible and in any event within 45 daya after the completion of the voyage to which the fishing log relates. 10.(1) Every Permitted Vessel shall, at all times while it is within the fiahery limits, have on board a person who can communicate sufficiently well in English to receive instructions from any authorised officer. (2) Every Permitted Vessel shall carry the latest edition of the International Code of Signal• published by the International Maritime Consultative Organisation Marine Safety Committee. (8) Every Permitted Vessel shall carry on board whilat within the fiahery limit. a radio capable of receiving any direction communicated to it via the telegraphic addre111 1upplied in accordance with regulation 24. 11.(1) Each Permitted Ve88el ahall report, by telex to the Fisheries Officer or to any person or body nominated to receive auch report, in an acceaa agreement relating to the ve11&el or nominated in writing by the Fiaheriea Officer, the vessels position and the total catch on board at the following times: { a) immediately upon entry into the fishery limits; and { b) every 7th day while the veuel i1 in the fishery limits; and { C) immediately upon departure from the fishery limits. (2) Any report .made in accordance with the provisions of regulation 11(1) ,hall contain the following information: (i) The name, call aign, and U1e country of regiatration of the vessel; and (ii} The Permit number of the Permit granted in reapect of that vessel; a.nd (iii) The position of the ve111el at the time of reporting; and (iv) The quantity of fish on board the vessel broken down according to 1pecie1. 12. All fishing equipment on board any foreign fishing vessel within the fishery limits, except for equipment which that veasel may lawfully use punuant to a P .. rmit granted in reaped of that veaacl, ahall be ;itowed or 1tored in auch a manner that it is not readily available for use for fishing. 13.(1) Every muter of a foreign fishing veaael within the fishery limit• ahall ensure that a distance o( not leaa than one-ha!( of a nautical mile is maintained at all times between the ve111el and any equipment that: { a) haa been placed in the sea; and 1990 Ed.] 1509 TUV 27 Fisheries ( b) hu been marked so a.a to be visible to persons on board any vessel navigating within one-ha!( o( a nautical mile o( the set gear. (2) Regulation 13(1) shall not apply: ( a) to fishing equipment from the vessel in question; or ( b) to fishing equipment which the master hu been given permission to approach by a person entitled to approach that gear. U.(1) No FAD may be placed in the fishery limits unleaa: (i) PermiSBion to place the FAD has been granted in an acceas agreement or in writing by the Fiaheriee Officer; and (ii) In the cue o( an anchored FAD, the FAD ia placed in accordance with any direction IUI to siting contained in an acceu agreement or given in writing by the Fiaheriea Officer; and (iii) the FAD ia constructed and anchored in accordance with any 1pecification1 or conditions contained in an acceBB agreement or given in writing by ihe Fiaheriea Officer. (2) Any foreign fishing veasel placing a FAD, whether anchored or free fioating, shall within 24 hours of 1uch placement inform the Fisheries Officer • (i) ofthe name and call sign otthe veuel placing the FAD; and (ii) whether the FAD i1 anchored or Cree fioating; and (iii) the beat estimate of the poaition at which the FAD ia anchored or where it waa releaaed. (3) No foreign fishing veaael ahall fi1h within one-half of a nautical mile o( an anchored FAD unle11 that FAD wu placed by that vessel or unleaa permiaeion for the uae of the FAD by the fishing veaael hae been given by the person responsible for the placing o( the FAD: Provided that it aha.II be a de(ence to any proaecution for an offence under Regulation 22 of the,e Regulations in respect of a breach of thia aubregulation for the person charged to prove that he did not know and could not with reaaonable care have discovered the presence of the FAD. CAP.45 17 F.A.D.S. Hi. No fiah 1hall be tranahipped from a forei1n fithlng veasel within the fiahery Tranahipment limit, to any other veasel except at a place and time authorised by the Fiaheriea Officer and in accordance with auch condition• (if any) aa he may impoae. 16. No fieh shall be landed in Tuvalu from any Permitted Ve .. el without the Landing of Fiah prior authorisation of the Fi1heriea Officer and any authori1Eid landin1 ,hall be in accordance with 1uch condition• aa the Fi1herie1 Officer may apply. 17. No article, 1ub1tance, or living or1ani1m other than fi1hin1 equlpmen, or bait in uae purauant to a Permit 1hall be put releued or allowed ,to come into contact with the sea within the fithery limita from any ve11el if that article, 1ub1tance or living or1ani1m i1 likely to: (a) cau■e harm to any fish or marine mammal; or ( b) ob1truct fi,hinJ equipment; or ( C) become a haaard to navi1ation; or Prohction of Fi1herie1 1510 TUV 28 18 CAP.45 Fisheries [1990 Ed. Authorised Officer'• Powers Direction• to be obeyed Obaervera ( d) pollute the waters ENFORCEMENT 18.(1) Any authorised officer may at any time within the fishery limita and with the aid of such persons as he considers necessary: ( a) require the master or any other crew of any foreign fishing vessel within the fishery limits to inform him of the name, call sign, and country of registration of the vessel and the name of the master and of any other crew member; ( b) require the master of the veuel to produce the ship• log and fishing log to him for inspection and to allow him to make a copy or transcript for the retention of the authorised officer; ( C) make any entry (being an entry dated and signed by him) in the ship's log; ( d) carry out such inspection as he feels necessary including but not limited to the veasel'• charts, lines, fish ho)da equipment, and gear; ( e) give the ma1ter or any other crew member such direction• a1 he thinks fit a.a to the sealing, ,towing or landing on 1hore of any equipment that has or in his opinion may have been·used in contravention of any of the laws or regulations of Tuvalu. ( f) give euch other direction• subject to the laws of Tuvalu a, he may feel are appropriate or necessary for the enforcement of, or to ensure compliance with the Act and with theae R.egulationa. (2) In carrying out any of the mattera aet out in this Regulation and without limiting hie powers the authorised officer ehall endeavour to interrupt or interfere with the fiahing operation o( any vesael operating lawfully under a Permit a, little a1 poseible. The authorised officera decision ae to the extent to which interference or interruption of 1uch operation ia neceaaary in the furtherance of hie dutiea ia final. 19. Every ma1ter or crew member of a foreign fishing ve11el within the Fiehery Limits aha.II immediately comply with every inetruction direction or requirement that i1 given or made to him by an authoriaed officer purauant to these Regu)ationa. 20.(1) Every maeter of a permitted veaael within the fishery limits ,hall: (a) allow any Fisheries Officer to boa.rd the veasel a.a an obeerver and to remain on board until auch time ae the veuel ahall quit the fiahery limits; and ( b) proceed to 1uch port or render.voua ae may be required by any officer to allow a Flaheries Officer to embark on or to diaembark from the veesel. (2) At all timea when a Fi1heriea Officer is on board any Permitted Veaael purauant to aubregulation (1) the master shall: ( a) allow the Fiaheriea Officer full acceaa to all equipment record• holda and fiah on board the ve11el; and 1990 Ed.] 1511 TUV 29 Fisheries ( b) allow the Fisheries Officer to make such tests oba.,rvaticns and records and to remove such samples as he may require in order to ascertain the nature extent and type of the vessel's activities within the fishery limits; and ( C) provide for the Fisheries Officer all reasonable food and accommodation, at least equivalent to the standard provided for the officers of the vessel. (3) In carrying out any of the matters set out in this Regulation and without limiting his powers the Fisheries Officer shall endeavour to interrupt or interfere with the fishing operation of the vessel as little as possible. The Fisheries Officer's decision a.a to the extent to which interference or interruption of such operation is necessary in the furtherance of his duties is final. (•) Nothing in this regulation ahall be construed as limiting any of the other powers conferred on a Fisheries Officer in respect of any foreign fishing vessel it's crew or catch. CAP.45 19 21. Every person who is a muter or crew member ahall take all reasonable S a £ e t y o f precautions for the safety of every authorised officer or person with or assisting A u t h o r i s e d him. Officers OFFENCES AND MISCELLANEOUS PROVISIONS 22.(1) Any master o( a foreia-n fishing veSBel in respect of which any of the provisions of these regulations are contravened or not complied with commits an offence and is liable to imprisonment not exceeding 6 months and to a fine of not exceeding $1,000 or to both. (2) In any proceedings in which a person is charged with an offence under these Regulations it shall be a defence to the charge if the defendant proves that any material act or omission was done or made for the purpose of: ( a) saving human life; or ( b) obtaining emergency medical assistance for any person; or ( C) averting imminent danger to the safety of any vessel. Offences 23. Where any time limit is prescribed by these regulations, the Fisheries Time Limits Officer may in any particular case or class of cases if he thinks fit extend that time limit. 2-t. All ownel'II to whom a Permit is granted in respect of a Permitted Vessel Te I e graphic shall provide a telegraphic address at which all notices may be served or Address through which directions to that Permitted Vessel may be given by any licensing officer and it shall be the duty of such person to ensure that any such direction or directions from a licensing officer are transmitted forthwith to the Permitted Vesael. Such direction or directions shall be deemed to have been received by the Permitted Vessel as at the time when such direction or directions could first reasonably have been so transmitted to and received by that vessel. 25. The Foreign Fishing Regulations 1980 (as amended) are revoked. Repeal of 190 Reg. 20 CAP.45 1512 TUV 30 Fisheries SCHEDULE I FISHING PERMIT [1990 Ed. Permit No: .......... . In accordance with the provisions of section 5(3) of the Fisheries Act a Permit is hereby granted to the peraon named herein in respect of the vessel named herein to fish within the .fisheries Limits. NAME OF OWNER: ADDRESS OF OWNER: REGISTRATION NO.: NAME OF VESSEL: PORT OF REGISTRY: GROSS TONNAGE: TYPE OF FISHING: TYPE AND TEMPERATURE OF REFRIGERATION: REGISTERED LENGTH: HORSEPOWER: CALL SIGN: TELEGRAPHIC ADDRESS UNDER REGULATION 2(: 1990 Ed.] 1513 TUV 31 Fisheries SCHEDULE 2 APPLICATION FOR PERMIT APPLICATION FORM INSTRUCTIONS; Underline surnames AddreBB means complete mailing address ~-----""'I Mark X where appropriate If not applicable mark NA Type or Print Clearly All Unit. Metric, Specify unita i{ other system used I hereby apply a Permit to fish within Tuvalu Fisheries Limits. 1. Name of Veaael 2. Name of Owner 3. Addreaa 0£ Owner 4. Name of Charterer 5. Address of Charterer 6. Country of Registration 7. Country Registration Number' 8. Radio Call Sign 9. Operational Base(s): Port Port 10. Name of Vessel Master 11. Addreee of Ve11el Master 12. Name of Fishing Master (if different) 13. AddreH of Fishing Maater (if different) CAP.45 21 Country Country U. Type of Veaeel Single Pune Seiner Group Pune Seiner Longliner Pune Seiner Carrier Pole and Liner 22 CAP.45 15. Normal Total Number of Crew 1514 TUV 32 Fisheries 16. Flag State Authorised Fishing Area 17. [1990 Ed. Hull Materials: Steel FRP Wood Other (Specify 18. Year Built 19 19. Place of Construction 20. Gross Tonnage 21. 22. 23. Overall Length Meters Main Engine(s) Power (Specify Units) Fuel Carrying Capacity Kilolitres 24. Daily Freezing Capacity (More than one, if appropriate) Method ( ) Capacity ( (X where appropriate) Metric tons/day ( Brine (NaCl) BR Brine (CaCl) CB Air (Blast) BF Air (Coils) RC Other {Specify) 25. Storage Capacity (More than one, if appropriate) Method ( ) (X where appropriate) lee Refrigerated Sea Water Brine (NaCl) Brine (CaCl) Air (coils) Other (Specify) Capacity ( Cubic Meters ( IC RW BR CB BC ) ) ) ) Temperature oC Temperature oC 1990 Ed.] 1515 TUV 33 Fisheries Complete eitlTer A, B, or C below as appropriate. A. For Purse Seiners 26. Net Length Meters 27. Net Depth M@t@MI 28. Support vessels Name Name Name Name CAP.45 23 Type Type Type Type =:::;::::===----=--==-------·=:::=:::::::=========----------------===== B. For Pole and Line Vessels 29. Bait Storage (more tan one, if appropriate) Circulation Method Capacity (X Where appropriate) Cubic Meters Natural Circulation Refrigerated C. For Support Vessels NN CR RC 30. Adivit.i"8 (X more than one if appropriate) Refrigerated Carrier Scouting Boat Anchor Boat Supply /Mothership Other (Specify) 31. Fishing Vessel(s) Supported I understand, I am required to Report any !'.'.hange• in item 1 through 13 to Tuvalu within 60 days, and Signature of .,, ----------:=---------------:::-----: Applicant Owner Charterer Duly Authorised Agent Na.me of Applicant Address of Applicant 5-0£0~-U 111 Fc.K t ?\IRS£ SEl~E 'lcSSE, • CAIC>t 11.EP~T fOil. 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