Fisheries (Declared Fishing Zone) Act 1977 (No. 6 of 1977)

THE INDEPENDENT STATE OF PAPUA NEW GUINEA. No. of 1977. Fisheries (DecZared Fishing Zone) Act 1977. ARRANGEMENT OF SECTIONS. 1. Interpretation (Amendment of Section 2) "t he declared fishing zone". 2. Territorial application (Amendment of Section 3). 3. Exemptions (Amendment of Section 5). 4. New Section 6A 6A. - Matters to be taken into account by Minister in determining allowable level of fishing. 5. New Section lOA lOA. - Interpretation of Part III. 6. Exploratory operations (Amendment of Section 11). 7. Investigations (Amendment of Section 12). 8. New Section 12A 12A. - Minister to have regard to certain matters in exercising his powers. 9. Use, etc., of foreign boat for fishing in declared fishing zone or internal waters (Amendment of Section 15). 10. Forfeiture in relation to foreign boats (Amendment of Section 16). 110 Evidence (Amendment of Section 21). THE INDEPENDENT STATE OF PAPUA NEW GUINEA. No. of 1977. Fisheries (Declared Fishing Zone) Act 1977, *Being an Act to amend the Fisheries Act 1974 to substitute a new definit.ion of lithe declared fishing zone ll as a result of the making of the National Seas Act 1977, and for other purposes, MADE by the National Parliament to come into operation in accordance with a notice published in the National Gazette by the Head of State, acting with, and in accordance with, the advice of the Minister. 1. - INTERPRETATION (AMENDMENT OF SECTION 2). Section 2 of the Principal Act is amended (a) by omitting the definition of "the declared fishing zone" and insert ing in its place the following definition : "'the declared fishing zone' means the area declared under Subsection (2);"; and (b) by adding at the end the following subsections "(2) The Head of State, acting on advice, may, by notice published in the National Gazette, declare the offshore seas or a part of the off shore seas to be the declared fishing zone. ll(3) Until a declaration is made under Sub section (2) the area of the territorial sea shall be deemed to have been declared under that subsect ion. II • 2. - TERRITORIAL APPLICATION (AMENDMENT OF SECTION 3). Section 3(a) of the Principal Act is amended by inserting after the words llthe declared fishing zone" the words lland the internal waters". * Adopted by Section Sch.2.6 of the Constitution and embodying the terms of Act No. 31, 1974. No. Fisheries (DeoZared Fishing Zone) 1977 3. - EXEMPTIONS (AMENDMENT OF SECTION 5). Section 5 of the Principal Act iA amended (a) by inserting after Subsection (2) the following subsection ; "(2A) Where the Head of State, acting on advice, considers that it is expedient to do so in the interests of the Papua i~ew C",:inea fishing industry or of international co-operation he may, by instrument in writing, exempt a foreign boat or a class of foreign boats from all or any of the provisions of this Act."; and (b) by inserting after Subsection (3) the following subsection "(3A) An exemption under Subsection (2A) may be for such period and for such area, and be subject to such conditions, as the Head of State, acting on advice, thinks proper and specifies in the instrument.". 4. - NEW SECTION 6A. The Principal Act is amended by inserting after Section 6 the following section : "6A. - MATTERS TO BE TAKEN INTO ACCOUNT BY MINISTER IN DETERMINING ALLOWABLE LEVEL OF FISHING. In determining the allowable level of fishing in the declared fishing zone by foreign nationals or boats of foreign states the Minister shall have regard to (a) whether such states have co-operated with Papua New Guinea in, and made substantial contributions to, the development of the Papua New Guinea fishing industry, fishery research and the identification of fishing resources; and (b) any rights of a reciprocal nature granted to Papua New Guinea nationals or boats by such states; and (0) whether such states have co-operated wi~h Papua New Guinea in enforcement and with respect to the conservation and management of fishing resources; and (d) whether, and to what extent, the fishing vessels of such states have traditionally engaged in such fishing; and (e) such other matters as the Minister, in consultation with the Minister res?onsible for foreign affairs, deems appropriate.". 5. - NEW SECTION lOA. Before Section 11 of the Principal Act, the following section is inserted in Part III : "lOA. - INTERPRETATION OF PART III. In this Part, unless the contrary intention appears 'waters' means internal waters and the offshore seas.". 2 1977 Fisheries (DecZared Fishing Zone) No. 6. - EXPLORATORY OPERATIONS (AMENDMENT OF SECTION 11). Section 11 of the Principal Act is amended (a) by omitting from paragraph (a) the words "Papua New GUinea"; and (b) by omitting from paragraph (b) the words "Papua New Guinea waters" and inserting in their place the words "any area of watcc;:" 7. - INVESTIGATIONS (AMENDMENT OF SECTION 12). Section 12 of the Principal Act is amended by omitting the words "Papua New Guinea waters" and inserting in their place the words "any area of waters". 8. - NEW SECTION 12A. After Section 12 of the Principal Act the following section is inserted in Part IV : "12A. - MINISTER TO HAVE REGARD TO CERTAIN MATTERS IN EXERCISING HIS POWERS. In exercising his powers under and in relation to this Act in respect of any part of the declared fishing zone beyond the internal waters, archipelagic waters and territorial sea, the Minister shall have regard to (a) the principle that fish stocks should be managed so as to ensure production from those stocks of the optimum sustainable yield; and (b) any relevant internat~Jnal obligations of Papua New Guinea, or applicable rule of international law, relating to the exercise of jurisdiction of Papua New Guinea in that part of the declared fishing zone.". 9. - USE, ETC., OF FOREIGN BOAT FOR FISHING IN DECLARED FISHING ZONE OR INTERNAL WATERS (AMENDMENT OF SECTION 15). Section 15 of the Principal Act is amended (a) by inserting in Subsection (1) after the words lithe declared fishing zone" the words "or in the internal waters"; and (b) by inserting in Subsection (2) after the words "the declared fishing zone" the words "or in the internal waters". 10. - FORFEITURE IN RELATION TO FOREIGN BOATS (AMENDMENT OF SECTION 16). Section 16 of the Principal Act is amended by omitting from paragraph (a) the words "offence; or" and substituting the words "off enc e ; and" . 11. - EVIDENCE (AMENDMENT OF SECTION 21). Section 21(2)(b) of the Principal Act is amended by inserting after the words "the declared fishing zone" the 3 No. Fisheries (Deolared Fishing Zone) 1977 words "or part of the internal waters". I hereby certify that the above is a fair print of the Fisheries (Deolared Fishing Zone) Aot 1977 which has been made by the National Parliament. Clerk of the National Parliament . I hereby certify that the Fisheries (Deolared Fishing Zone) Aot 1977 was made by the National Parliament on 7 February 1977. Speaker of the National Parliament . 4