Fisheries Regulations (Chapter 158, Section 9)

17 Cap.158 Ed.1992 Subsidiary Legislation Fisheries CHAPTER 158 FISHERIES SECTION 2:-LICENSING OFFICERS Legal Notice 115 of 1976 The following officers shall be licensing officers: Permanent Secretary for Agriculture and Fisheries Chief Fisheries Officer Principal Fisheries Officer Senior Fisheries officer Fisheries Officer. SECTION 9:-FISHERIES REGULATIONS Regulations 6th Feb, I965 (in force 26th Feb, 1965) 30th April, 1965, 10th Jan., 1966, 8th June, 1966, 22nd July, 1968, 4th Feb., 1970, 17th Jan., 1972, 87 of 1979, 9th Feb1990, 7th December1990, 19th July1991. Made by the Government in Council PART I.- PRELIMINARY short title 1. These regulations may be cited as the Fisheries Regulations. Interpretation 2. In these Regulations, unless the context otherwise requires “estuary” means that portion of an estuary specified by the Fisheries Officer by notice in the gazette. “Fiji fishing vessel” means any fishing vessel which is registered in Fiji or the operations of which are based on a place in Fiji and which is wholly owned by a natural person who is a citizen of, or a company, which is at least 30% owned by Fiji citizens, incorporated in, Fiji. For the purpose of avoiding doubt, any fishing vessel which is not a Fiji fishing vessel by this definition shall be considered for licencing under the provisions of the Marine Spaces Act. (Inserted by Regulations 9th February, 199O) “Fishing gear” means all equipment used or intended for the purpose of catching fish and includes fishing lines, hooks, nets, spears, reels and line or net haulers, whether they be manually, hydraulically, or otherwise assisted by mechanical or electrical means. (Inserted by Regulations 9th February, 1990) “Minister” means the Minister responsible for fisheries matters. (Inserted by Regulations 9th February, 1990) “Set net” includes a gillnet, driftnet, trammel net or any other sort of net which acts by enmeshing or entangling any fish. (Inserted by Regulations 9rh February, 1990) 18 Cap.158 Ed.1992 Subsidiary Legislation Fisheries PART II:- LICENCES AND REGISTRATION Fees 3. The fees to be charged for persons taking fish by way of trade or business or as employees thereof, and for registration of fishing vessels shall be as follows: (a) (i) for the captain of every fishing vessel, a fee of four dollars per annum; (ii) for each member of the crew other than the captain and for each person taking fish as an employee of a person carrying on the trade or business of a fisherman, a fee of one dollar per annum; (iii) for each person who takes crustaceans or shellfish by net or hand net for sale, no fee: Provided that no further license shall be required in respect of the wife or husband, and not more than two children under the age of twenty-one years, of the licensee who assist the licensee and, where applicable, use his hand nets; (Inserted by Regulations 22nd July, l968) (iv) for any other person carrying on the trade of business of a fisherman, a fee of four dollars per annum; (b) (i) for each fishing vessel propelled by an engine or sail, an annual fee of four dollars; (ii) for each fishing vessel propelled by oars, paddles or poles, whether such hand-propelled vessel is worked independently or in conjunction with a power or sail-driven mother vessel, an annual fee of one dollar. Licences 4. (1) for the purpose of avoiding doubt, it is hereby declared that a license under regulation 3 does not permit the holder to take fish on any reef or on any kai (cockle) or other shellfish bed in any area in respect of which the rights of any mataqali or other division or subdivision of the Fijian people have been registered by the Native Fisheries Commission in the Register of Native Customary Fishing Rights, unless he shall have first obtained a permit to do so under section 13 of the Act from the Commissioner of the Division in which such area is situated. The holder of any such permit shall produce it to the licencing officer at the time of application for a licence under regulation 3 in order that the particulars thereon may be included in the application and recorded on the licence. (2) Every licence granted under these Regulations shall expire on the 31st December next following the date of issue and shall be renewable at the discretion of the licensing officer upon payment of the prescribed fee. Offshore licences 4A. (1) A fishing licence issued under Section 5 of the Fisheries Act shall not permit the licence holder to kill or take any species listed in the Seventh Schedule outside the limit of Internal Waters as defined by the Marine Spaces Act unless the Fiji fishing vessel which he is operating shall have on board an offshore licence pertaining to the fishery category under which that species is listed. (2) A licensing officer may, in accordance with guidelines laid down by the Minister for Primary Industries, grant offshore licences for each fishery category listed in the Seventh Schedule in the form described by the Ninth Schedule. (3) If any single Fiji fishing vessel intends to fish for several species listed under more than one fishery category described by the Seventh Schedule a separate offshore licence must be obtained for each relevant category. 19 Cap.158 Ed.1992 Subsidiary Legislation Fisheries (4) Every offshore licence granted under this regulation shall be specific to a single Fiji fishing vessel, shall not be transferable to another vessel and shall have no monetary value. (5) Every offshore licence granted under this regulation shall terminate on the 31st December next after the day of issue. (6) The fee to be charged for persons obtaining an offshore licence shall be as follows: (a) for the owner of a Fiji fishing vessel of length less than 12 metres, a fee of five dollars per annum per offshore licence; (b) for the owner of a Fiji fishing vessel of length greater than 12 metres, a fee of fifty dollars per annum per offshore licence; (4A Inserted by Regulations 9th February, 1990) Conditions of offshore licences 4B. (1) The Minister shall, from time to time, determine on the basis of the best available information, the total allowable catch of every fishery category listed in the Seventh Schedule within Fiji fisheries waters and may allocate maximum allowable catch quotas accordingly to individual offshore licence holders. (2) The Minister may prohibit fishing for species listed under a fishery category described by the Seventh Schedule in certain areas by certain classes of Fiji fishing vessel. Any such areas prohibited to a Fiji fishing vessel shall be endorsed upon the offshore licence pertaining to that vessel. (3) Set nets shall not be used for the taking or killing of any species listed under Fishery Categories 1 and 2 in the Seventh Schedule except for the purposes of scientific research as permitted, in writing, by the Director of Fisheries. (4) Details of the weight of each species caught at each geographical location on each day of fishing, and any other details requested by the Director of Fisheries, shall be returned monthly to the Fisheries Division by the offshore licence holder. (5) Persons nominated by the Director of Fisheries shall be allowed on board during fishing trips by offshore fishing vessels for the purpose of scientific observation without charge to the Fisheries Division. Such persons shall be given free access to vessel logbooks and catch records and shall be given reasonable opportunity to make non-destructive measurements of the fish caught. (6) Infringement of any of the provisions of this Regulation by an offshore licence holder may lead to cancellation of that offshore licence or a reduction in any quota for that, or the following, year. (4B Inserted by Regulations 9th February, 1990) Applications for registration of vessels and for fishing licenses 5. (1) Applications for the registration of a fishing vessel shall be made on the form set out in the First Schedule. (2) The form of licence to be issued to the owner of a registered fishing vessel shall be that set out in the Second Schedule. (3) Applications for a fishing licence shall be made on the form set out in the Third Schedule. (4) A fishing license shall be issued in the form set out in the Fourth Schedule. (5) Every applicant for a fishing licence shall submit with his application two copies of his photograph, approximately 90 mm [3.5 inches] long by 60 mm [2.5 inches] wide. (Amended by 87 of 1979) 20 Cap.158 Ed.1992 Subsidiary Legislation Fisheries Restrictions on Fiji fishing vessels 5A. (1) A Fiji fishing vessel registered under Section 6 of the Fisheries Act shall not be permitted to land, kill or take any species listed in the Seventh Schedule unless the owner of such vessel shall possess a valid offshore licence. (2) A valid offshore licence shall be carried on board at all times when a registered Fiji fishing vessel is engaged in fishing for, or carrying, any of the species listed in the Seventh Schedule unless such vessel is employed as a carrier vessel and has no fishing gear on board. (3) Any person owning, or operating a Fiji fishing vessel who fails to comply with any of the provisions of this Regulation shall be liable for prosecution under the Fisheries Act. (5A Inserted by Regulations 9th February, 19SI) PART III - PROHIBITED METHODS AND AREAS Fish fences 6. It shall be competent for the Fisheries Officer: (a) to determine the location and distance between fish fences or other similar obstructive devices of a permanent or semi-permanent nature; (b) to order the removal of a fish fence or other similar obstructive fishing device. Use of nets in estuaries 7. No net other than hand nets, wading nets and cast nets shall be permitted for the purpose of taking fish in the estuary of any river or stream or in the sea within 100 m [lo0 yards] of the mouth of a river or stream. (Amended by 87 of 1979) Use of poison 8. No person shall take, stupefy or kill any fish in any lake, pool, pond, river, stream or in the sea by the use of any of the- following substances or plants: (a) any chemical or chemical compound; (b) any substance containing derris; (c) any substance containing the active principal of derris, namely, rotenone; (d) any plant or extract of or derivative from any plant, belonging to the genera Barringtonia, Derris, Euphorbia, Pittosporum or Tephrosia, or place any of such substances or plants in any water for the purpose of taking, stupefying or killing any fish. Spearing of turtle 9. No person shall harpoon any turtle unless the harpoon is armed with at least one barb of which the point projects not less than 9.5 mm [3/8 inch] from the surface of the shaft, measured at right angles to the long axis of the shaft. (Amended by 87 of 1979) Fishing in fresh water 10. No person shall kill or take fish of any kind (excluding shellfish) in fresh water in any manner other than by means of a hand net, portable fish trap, spear, line and hook. Restricted area 11. No person, unless he is authorised in writing under the hand of the Commissioner of the 21 Cap.158 Ed.1992 Subsidiary Legislation Fisheries Division in which the area described in the Fifth Schedule is situated shall, within such area, kill or take fish of any kind whatsoever, except by hand net, wading net, spear or line and hook. PART IV - MESH LIMITATIONS Stretched measurement for nets 12. For the purposes of these Regulations, stretched mesh shall be measured by taking two diagonally opposing knots of the mesh of the net and drawing them apart until the remaining two knots of the mesh just touch each other. Mesh of hand nets 13. The mesh of a hand net may be of any size. Mesh of cast nets 14. The mesh of cast nets shall not be less than 30 mm [1.25 inches], wet and stretched. (Amended by 87. of 1979) Nets for sardines and whitebait 15. Nets for taking sardines and whitebait may have a mesh size of not less than 30 mm [1.25 inches], wet and stretched, but their overall dimensions shall not exceed 10.5 m [35 feet] measured along the cork line and 1.5 m [5 feet] from the cork line to the ground rope. It is prohibited to join two such nets together. Such nets may not be used to take fish other than sardines or whitebait. (Amended by 87 of 1979) Meshes of other nets 16. The meshes of wading nets and of all other nets not specifically mentioned in these Regulations shall be in no part less than 50 mm [2 inches], wet and stretched. (Amended by 87 of 1979) Fish fences 17. In every fish fence constructed with cane or reed screens there shall be at the inmost point in each terminal trap or pan a section not less than 1 m [3 feet] in length, and of the full height of the fence wherein the cane or reeds shall be placed not less than 50 mm [2 inches] apart, or wherein the cane or reed screen shall be replaced by netting or cord, galvanised wire or expanded metal, the mesh of which shall measure not less than 50 mm [Z inches] across the smallest diameter, In fences constructed entirely of wire netting or of expanded metal, the mesh of the netting in the traps or pans shall measure not less than 50 mm [2 inches] along the shortest diameter. (Amended by 87 of 1979) PART V -- SIZE AND LIMITS OF FISH AND PROHIBITIONS Fish 18. No person shall kill, take, sell or offer or expose for sale, any fish listed in the Sixth Schedule of less than the lengths therein set out, measured in each case from the point of the snout to the middle of the tailfin when the fish is laid flat: Provided that this regulation shall not apply to fish caught by children under the age of sixteen years when fishing with hook and line from the shore or wading near the shore and not offered or exposed for sale. Crabs 19. No person shall kill, take, sell or offer or expose for sale any crab of the species Scylla serrata (Swimming Crab or Qari Dina) of less than 125 mm [S inches] measured across the widest part of the 22 Cap.158 Ed.1992 Subsidiary Legislation Fisheries carapace or shell. (Amended by 87 of 1979) Turtle 20. (1) No person shall at any time dig up, use, take, sell, offer or expose for sale, or destroy turtle eggs of any species or in any way molest, take, sell, offer or expose for sale, or kill any turtle the shell of which is less than 455 mm [ 18 inches] in length. No person during the months of January, February, November or December in any year shall in any way molest, take, sell, offer or expose for sale, or kill any turtle of any size. (Amended by Regulations 19th July, 1991) (2) No person shall be in possession of, sell, offer or expose for sale or export any turtle shell the length of which is less than 455 mm [eighteen inches]. (Inserted by Regulations 8th June , 1966) (Amended by 87 of 1979) Trocas 21. No person shall take, be in possession of, sell, offer or expose for sale or export any shell: (a) of the species Trochus niloticus (sici) (trocas shell) measuring less than 90 mm [3.5 inches] across the whorl; (b) of the species Pinctada margaratifera (civa) (pearl oyster shell) of which the nacre or mother-of-pearl measures less than 100 mm [4 inches] from the butt or hinge to the opposite edge or lip. (Amended by Regulations 8th June, 1966) (Amended by 87 of 1979) Davui 22. No person shall take, sell, offer or expose for sale or export any shell of the species Charonia tritonis (davui). (Inserted by Regulations 4th February, 1970) Giant helmet shell 23. No person shall take, sell, offer or expose for sale or export any shell of the species Cassis cornuta (giant helmet shell). (Inserted by Regulations 4th February, 1970) [Application of regulations 22 and 23 **] 24. (1) The prohibition on taking shells contained in each of the regulations 22 and 23 shall come into force on the 13th day of February, 1970. (2) The prohibition on selling, offering or exposing for sale or exporting shells contained in each of the regulations 22 and 23 shall come into force on the 13th day of April, 1970.] (Spent) Porpoises and dolphins 25. No person shall kill, take, sell or offer or expose for sale any porpoise or dolphin of the genera Phocaena or Delphis (babale). For the purpose of avoiding doubt, the expression “dolphin” used in this regulation shall not be deemed to refer to the fish commonly known as a dolphin but of the genus Coryphaena. (Inserted by Regulations 8th June, 1966) ** This application since deleted 23 Cap.158 Ed.1992 Subsidiary Legislation Fisheries Export of giant clam meat 25A. No person shall export from Fiji tridacnid clam (giant clam) (vasua) flesh, including adductor muscle or mantle tissue, of the following species: (a) Tridacna derasa (vasua dina); (b) Tridacna squamosa (cega); (c) Tridacna maxima (katavatu); (Inserted by Regulations 16th December, 1988) Beche-de-mer 25B. No person shall export, either in a natural or processed form, holothurians (beche-de-mer) of the species Metriatyla scabra (Holothuria scabra) (dairo) (sandfish) or shall take, be in possession of, sell, offer or expose for sale or export holothurians, either in a natural or processed form, of any other species whatsoever of a length less than 7.6 centimetres [3 inches]. (Inserted by Regulations 16th December, 1988) (Amended by Regulations 7th December 1990) Export of fish 26. No person shall export from Fiji (a) live fish of any kind whatsoever; (b) turtle flesh. (c) turtle shell unless worked into jewellery or otherwise processed into a form approved by the Permanent Secretary for Primary Industries and Cooperatives.” ((c)Inserted by Regulations 19rh July, 1991) PART VI.—EXEMPTIONS Exemptions by public officers 27. The Permanent Secretary for Agriculture and Fisheries or any person appointed by him may exempt any person, in writing, from any of the provisions of regulations 8, 10, 14, 15, 16, 18, 19, 20, 21, 25, 25A, 25B and 26. (Amended by Regulations 16th December, 1988) Exemption relating to Fijians 28. Any Fijian assisting a licensed fisherman in a traditional or customary fish drive shall not require a licence to take fish by way of trade or business by reason of the fact that such assistance is given, whether free of charge or on payment. Exemption relating to punts or skiffs 29. (1) Where open unpowered punts or skiffs, each not exceeding 7.3 m [24 feet] in length, are employed in fishing by way of trade or business in conjunction with and under the immediate overall control of the captain of a power-driven or sailing fishing vessel, neither the persons in charge nor the crew of such punts or skiffs shall require licenses to carry on the trade or business of a fisherman when employed solely as foresaid. (Amended by 87 of 1979) (2) For the purposes of this regulation, the expression “sailing vessel” shall mean a vessel propelled solely or mainly by sail whether or not such vessel possesses an engine. Exemptions for aquaculture 30. The Director of Fisheries or any person appointed by him may exempt any person, in writing, from any of the provisions of regulations 25(A) and 25(B) if evidence is supplied demonstrating that 24 Cap.158 Ed.1992 Subsidiary Legislation Fisheries the fish covered by such regulations originated from artificial spawning methods (aquaculture or mariculture). (Inserted by Regulations 16th December, l988) FIRST SCHEDULE (Regulation 5) APPLICATION FOR REGISTRATION OF A FISHING VESSEL SECOND SCHEDULE (Regulation 5) LICENCE / RENEWAL OF LICENCE FOR FISHING VESSEL THIRD SCHEDULE (Regulation 5) APPLICATION FOR (RENEWAL OF) FISHING LICENCE FOURTH SCHEDULE (Regulation 5) FISHING LICENCE FIFTH SCHEDULE (Regulation 11) RESTRICTED AREA 25 SIXTH SCHEDULE (Regulation 18) (Minimum size limits for fish) Common Name ………………………………………………… Fijian ………………………….… Family ………………… Genus ……………….… Maximum ………………………………………………………………..… ……………………………………. ……………………………. …………………………. Length ………………………………………………………………….. ……………………………………. ……………………………. …………………………. (mm) Barracuda ……………………………………………………… Ogo ……………………………… Sphyanidae ……………………. Sphyrona ………………… 300 Crevally, Trevally, Pompano ………………………………….. Saqa (Excluding vilu/Saqa ……… Carangidae ……………………. Caranx …………………… 300 Grey Mullet ……………………………………………………. Kanace ……………………….….. Mugilidae ……………………… Mugil …………………….. 200 Glassperch, Aholehole ………………………………………… Ika Droka ………………………... Duclidae ………………………. Dules …………………….. 150 Ketang, Spinefoot Rabbitfish ………………………………….. Nuqa ………………………….…. Siganidae ……………………… Siganus ………………….. 200 Long-jawed Mackerel ………………………………………….. Salala ………………………….… Scombridae ……………………. Rastrelliger ……………… 200 Longtom, Garfish, Greengar …………………………………… Saku Busa …………………….…. Belonidae ……………………… Belone ……………………. 300 Milk Fish ………………………………………………………. Yawa ………………………….…. Chanidae ……………………… Chaos …………………… 300 Mojarra ………………………………………………………… Matu …………………………….. Gerridae ……………………….. Gerres ……………………. 100 Parrotfish ………………………………………………………. Ulavi …………………………….. Callyodontidae ……………….. Scarichthys ………………. 250 Pouter, Slimy, Soapy, Peperek ………………………………… Kaikai …………………………… Leignathidae ………………….. Gazza …………………….. 100 Rock Cod, Grouper, Salmon Cod ……………………………… Donu, Kawakawa, Kavu ………… Serranidae …………………….. serranus …………………. 250 …………………………………………………………………. (Excluding small red …………………………………………………………………. Spotted cod) Sea Bream Pig-faced Bream …………………………………… Kawago, Dokonivudi, Musubi ….. Lethrinidae ……………………. Lethrinus ………………… 250 Small Sea Bream ………………………………………………. Kabatia, Kake …………………… Lethrinidae ……………………. Lethrinus ………………… 150 Small Sea Bream ………………………………………………. Sabutu …………………………… Lethrinidae ……………………. Lethrinus ………………… 200 Surgeon Fish …………………………………………………… Balagi …………………………… Hepatidae ……………………… Hepatus ………………….. 200 Surmullet, Goatfish, Whiskercod ……………………………… Ki, Ose ………………………….. Mullidae ……………………….. Mulloidichthys ………….. 150 …………………………………………………………………. ………………………………….. ………………………………….. Pseudopeneus …………… …………………………………………………………………. ………………………………….. ………………………………….. Upeneus …………………. Snapper ………………………………………………………… Damu ……………………………. Lutjanidae …………………….. Lutjanus …………………. 300 Unicorn-Fish, Leather jacket ………………………………….. Ta ……………………………….. Hepatidae ……………………… Naso ……………………… 300 26 Cap.158 Ed.1992 Subsidiary Legislation Fisheries SEVENTH SCHEDULE FISHERIES REGULATIONS (Regulations 4A, 4B & 5A) Fishery Categories for which a offshore licence is required Fishery Category 1: “DEEPWATER SNAPPER”; meaning benthic or demersal deep-bottom fishes of the family Lutjanidae or Serranidae having a natural habitat between 100 and 450 metres depth, including Red Snapper (Etelis carbunculus), Longtail Snapper (E. coruscans), Smalltooth Snapper (E.radiosus), Purplecheek Opakapaka (Pristipomoides multidens), Yellowfinned Opakapaka (P.flavipinnis), Redfinned Opakapaka (P.filamentosus), Flower Snapper (P.zonatus), Redtailed Opakapaka (P.typus), Red Jobfish (Aphareus rutilans), Large-eye Bream (wattsia mossambica), Kusakar’s Snapper (Paracaesio kusakarii), Stone’s Snapper (Paracaesio stonei), Scarlet Seaperch (Lutjanus timorensis and L.malabaricus) and Deepwater Rockcods and Groupers (Epinephelus magniscuttus, E.miliaris, E.morrhua and E.septemfasciens) . Fishery Category 2: “TUNA”; meaning pelagic fishes of the family Scombridae, excluding the mackerels but including Skipjack (Katsuwonis pelamis), Yellowfin tuna (Thunnus albacures), Bigeye tuna (Thunnus obesus), Southern bluefin tuna (Thunnus muccoyii), Albacore tuna (Thunnus alalunga), Little tuna (Euthunnus alletteratus) and Frigate tuna (Auxis species) (Inserted by Regulations 9th February, 1990) EIGHTH SCHEDULE (Regulations 4A, 4B & 5A) (APPLICATION FOR AN OFFSHORE LICENCE) NINTH SCHEDULE (Regulations 4A, 4B & 5A) (OFFSHORE LICENCE) SECTION 15.-NATIVE FISHERIES COMMISSION (INQUIRIES) RULES Rules in force 9th May, 1947, 29th Nov., 1977 Made by the Native Fisheries Commission and approved by the Governor in Council 27 Cap.158 Ed.1992 Subsidiary Legislation Fisheries Short title 1. These rules may be cited as the Native Fisheries Commission (Inquiries) Rules. Interpretation 2. In these rules, unless the context otherwise requires “claimant” means any Fijian or Fijians claiming an interest in customary fishing rights of which the ownership is being inquired into. Notice of inquiry 3. When the Commission is about to institute inquiries into the ownership of any fishing right, notice of the time and place at which the first sitting of the Commission for that purpose will be held shall be given to the Roko of the province in which the fishing right is situated. Delivery of notice 4. The notice shall be delivered to the Roko not less than thirty days before the sitting of the Commission. Publication of meeting 5. A general notice of the intention to hold a meeting of the Commission giving the time and place of the meeting shall be published in a newspaper published in the Fijian language and published in Fiji and in the Gazette, and also broadcast in Fijian by wireless. (Amended by Rules 29th November 1977) Mode of publication 6. The Roko shall cause the time and place of the sitting of the Commission to be publicly proclaimed in each Tikina. Witnesses 7. Any member of a social unit claiming to have customary fishing rights shall be allowed to give evidence of such a claim before the Commission. Claimant’s deputy 8. Any claimant who, by reason of illness or other cause which the Commission may consider sufficient, is unable to attend the sittings of the Commission, may depute any male member of his mataqali to act as his representative and such representative shall be entitled to all privileges which might have been exercised by the claimant if present in person at the sitting. Adjournment 9. The Commission may at its discretion from time to time adjourn the sitting either sine die or to a fixed time and place. All claimants to the fishing rights within the province in which the Commission is sitting at the time of adjournment shall be deemed to have notice of the adjournment. Languages 10. All proceedings before the Commission shall be conducted in the Fijian language. Forms 11. The Forms set out in First and Second Schedules shall be used in recording the boundaries and owners of fishing rights. 28 Cap.158 Ed.1992 Subsidiary Legislation Fisheries FIRST SCHEDULE (Rule 11) FIJI REGISTER OF NATIVE CUSTOMARY FISHING RIGHTS Vol. Folio. recorded as the proprietary unit owning the Fishing Rights situated and contained within the following boundaries commencing at: Approved at the Native Fisheries Commission inquiry held at on the day of , 19 . Native Fisheries Commissioner [English form for recording boundaries and owners of fishing rights: original to Registrar of Titles; duplicate kept by Commission] SECOND SCHEDULE (Rule 11) LEGAL NOTICE NO. 17 FISHERIES ACT (Chapter 158) FISHERIES (REGISTRATIONON USE OF UNDERWATER BREATHING APPARATUS) REGULATIONS, 1997 (Section 9) In exercise of the power conferred on me under paragraph (a) of section 9 of the Fisheries Act, I have made the following Regulations Short title 1. These Regulations may be cited as the Fisheries (Restrictions on Use of Breathing (Apparatus) Regulations, 1997. Commencement 2. These regulations shall come into force on 1 March 1997. Interpretation 3. In these Regulations (a) "fish" has the same meaning assigned to it under the Fisheries Act, and; 29 Cap.158 Ed.1992 Subsidiary Legislation Fisheries (b) "underwater breathing apparatus" means and includes scuba gear, compressors and other mechanical and robotical means in the collection, catching and diving for fish. Restriction of use of underwater breathing apparatus 4. (1) Subject to regulation 5, no person shall : (a) in any way collect, take, or dive for fish using underwater breathing apparatus (b) be in possession of underwater breathing apparatus for the purpose of collecting, catching and diving for fish. (2) Any person who contravenes the provision of this regulation shall be liable to a fine of four hundred dollars or imprisonment for a term of six months or to both fine and imprisonment. Exemptions 5. (1) The Permanent Secretary or any person appointed by him in writing, may upon a written request by any person, exempt that person by writing under his hand, from the provisions of regulation 4(1) if, that person holds a valid licence to fish issued by the Fisheries Department and in addition, the person has satisfied the Permanent Secretary or the person appointed by him in that behalf that the person (a) holds a valid licence issued by the Fisheries Department to operate underwater breathing apparatus, (b) holds a certificate of safety in regulation to the underwater breathing apparatus to be used, issued by the Ministry of Labour and Industrial Relations; (c) is a certified being diving operator being so certified by a reputable diving instructor, and (d) fish stock and traditional fishing rights in the area of operation will not be adversely affected. Made this 7th day of February 1997. M LEWEMQMA Minister for Agriculture, Fisheries, Forests & Agricultural Landlord and Tenant Act [Fiji Republic Gazette Supplement No. 7 of 14 February 1997] 30 FIJI REPUBLIC GAZETTEE SUPPLEMENT No. 25 FRIDAY, 20th June 1997 [LEGAL NOTICE NO. 65] FISHERIES ACT (CHAPTER 158) FISHERIES (MORATORIUM ON MOLESTING, TAKING OR KILLING OF TURTLES) REGULATIONS, 1997 (Section 9) IN exercise of the power conferred on me under paragraph (g) of section 9 of the Fisheries Act, I have made the following Regulations Short title 1. These Regulations may be cited as the Fisheries (Moratorium on Molesting, Taking or Killing of Turtles) Regulations, 1997 Commencement and Revocation 2. These Regulations shall be deemed to have come into force on 1st March 1997 and revokes the Fisheries (Moratorium on Molesting, Taking or Killing of Turtles) Regulations, 1995 contained in Legal Notice No. 32 of 1995. Fisheries regulations amended 3. The Fisheries Regulations is amended by inserting the following provision (regulation "20A") immediately alter regulation "20": "Moratorium on molesting, taking or killing of turtles 20A (1) Notwithstanding the: provisions of Regulations 20, no person during 1st March, 1997 to 31st December 2000 shall (a) in any way molest, or take or kill any turtle of any size., (b) sell, offer or expose for sale or export any turtle shell or meat (2) The Minister may, upon a written request by any person, exempt that person by writing under his hand, from the provision of sub-regulations (1). (3) Subject to sub-regulation (2), any person who contravenes the provision of sub regulation (1) shall be liable to a fine not exceeding $500 or imprisonment for a term not exceeding 6 months or to both such fine and imprisonment. (4) The Minster may, if he or she considers it necessary or desirable, extend the prohibition on activities specified in sub-regulation (1) to a period beyond 31st December 2000 and may such extension be notified in the Fiji Republic Gazette Made this 15th May 1997 M V LEWENIQILA Minister for Agriculture, Fisheries and Forests and ALTA Note This Notice revokes Legal Notice No. 50 of 1997 dated Friday, 23rd May 1997