Foreign Fishing Vessels Licensing (U.S. Treaty) Order 1987 (L.N. 6/1987)

28 CAP.45 Artic:le 1~20 TUV 38 Fisheries FOREIGN FISHING VESSELS LICENSING (U.S. TREATY} ORDER 1987 ARRANGEMENT OF ARTICLES 1. Citation and commencement 2. Interpretation 3. Designation of Treaty "· Regional fishing licences 5. Enforcement 6. Observe1:11 7. Application of Regulations SCHEDULE Form of Regional Fishing Licence [1990 Ed. 1990 Ed.] L.N. 6/87 1521 TUV 39 Fisheries Order under section SA FOREIGN FISHING VESSELS LICENSING (U.S. TREATY) ORDER 1987 CAP.45 29 1. Thia Order may be cited as the Foreign Fishing Vessels Licensing (U.S. Citation and Treaty) Order 1987, and shall come into operation on the date on which the commencement Treaty enters into force for Tuvalu. 2. In thi1 Order, unle11 the context otherwise require■ "Adminiatrator" ha, the meaning given in Article l.l(a) of the Treaty and in t;enna of the agreement i1 the Director of the South Pacific Forum Fisheries Agency; "Agreement" mean• the Agreement among Pacific Island State■ concerning the implementation and admini11tration of the Treaty on Fisherie1 between the Government• of certain Pacific Island State■ and the Government of the United States of America signed at Port Moreaby on 2nd April, 1987; "closed areas for Tuvalu" means the closed areas described in Schedule 2 to Annex I to the Treaty, that is the territorial sea and waters within two nautical pules of all named banks, i.e. Macaw, Kosciusko, Rose, Bayonnaiae and Hera, in Tuvalu EEZ, as depicted on the chart entitled "Tuvalu Fishery Limits" prepared by the United Kingdom Hydrographic Department, Taunton, January 11, 1981; "crew member" includes any fiahing master; "observer" mean• an observer in accordance with Article 6(1) of thi11 Order; "operator" baa the meaning given in Article 1.l(f) of the Treaty, that is any penson who i1 in charge of, direct■ or control• a veaael, including the owner, charterer and master; "regional fishing licence" means a fishing licence (a) valid also for countries other than Tuvalu; and { b} to which Article 4(1) of this Order applie1; "Treaty" means the Treaty designated in Article 3 of thi1 Order; "U.S. fiahing ve11el" has the meaning given in Article 1.l(d} of the Treaty, that i1 any \xJat, ship or other craft which i• used for, equipped to be used for, or of a type normally used for commercial fishing, which is documented under the laws of the United State• or America. Interpretation 3. The Treaty to which this Order relates i1 designated the Treaty on Fisherie■ Designation of between the Governments or certain Pacific Island States and the Government Treaty of the United States of America signed at Port Moresby on 2nd April, 1987. 4.(1) A regional fishing licence i1111ued under the Treaty by the Administrator Regional fishing in reapect of a U.S. fishing ve111el in the circumstances provided in Annex II to licences the Treaty shall be deemed during the period of validity of the licence to be a permit granted under section 5(3) of the Act in respect of the fishery limite but excluding the closed areu for Tuvalu. 30 CAP.45 Enforcement Observer11 Application of Regulation• LN 6/83 LN 22/84. 1522 TUV 40 Fisheries [1990 Ed. (2) This article shall not apply 1,1,Jlless a regional fishing licence is { a) in the form 1et out in Schedule 3 to Annex II to the Treaty and shown in the Schedule to this Order; and { b) subject to the terms and conditions specified and referred to in Annex I to the Treaty. 5. Notwithstanding any other written law or the power11 of any court, in aecoraance with Article 5.3 of the Treaty, in respect of a U.S. fishing vessel authorised by or under a regional fishing licence or to which the Treaty applie1 { a) where the master, owner, charterer or any member of the crew o( the U.S. fishing vessel is in pre-trial custody in respect o( an offence which amounts to a breach of the Treaty, he shall be promptly released if he enters into a bond or recognizance with or without sureties for a reasonable amount to appear before the n.~propria.te eourt n.t a stated time and place and subject to such conditions as are stated in the bond or recogni1.ance; ( b} where th~ U.S. fishing vessel is seir,ed in respect o( an offence which amounts to a breach of the Treaty, the vessel ( together with its equipment, stores and cargo) shall be promptly released if the master, owner, charterer or another person enter11 into a reasonable bond or other security for a reasonable amount for the veHel, equipment, stores, and cargo to be delivered back to the custody of an authorised officer at a stated time and place, and the release of the vessel, equipment, stores and cargo shall be subject to such conditions as are stated in the bond; ( c) the master, owner, charterer or any of the crew of the U.S. fishing ve11el 1hall not be liable to imprisonment on conviction for an offence under the Act, this Order or regulation• made under the Act if the offence is a fishing violation. 6.(1) Observers on U.S. fishing veBBela in accordance with Pa.rt 6 of Annex I to the Treaty are authori1.ed in respect of Tuvalu. (2) No operator or crew member of a. fishing vessel shall usault, obstruct, resist, delay, refuae boarding to, intimidate or interfere with an observer in the performance of his duties. (3) Notwith1tanding any sanction which may be impo1ed under the Treaty, an operator or crew member who contravenes 11ub1ection (2) shall be guilty of an offence and ahall be liable on conviction to a fine of $100. 7. In order to a.void doubt, the Foreign Fishing Ve11el1 Reg-ulationa 1982 (u amended by the Fiaheries (Foreign Fishing Veaaela) (Amendment) Regulation, 1984) are applicable national law, for Tuvalu in terma of Article -4 of and Schedule 1 to Annex I to the Treaty and except for Regulations 3 and 4. apply to U.S. fishing ve11el1 holding regional fishing licences. 1990 Ed.] 1523 TUV 41 Fisheries CAP.45 Article 4(2}(a) SCHEDUL.E FORM OF REGIONAL FISHING LICENCE (Treaty, Annex I) SCHEDULE 3 TREATY ON FISHERIES BETWEEN THE GOVERNMENTS OF CERTAIN PACIFIC ISLAND STATES AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA LICENCE FORM 31 The vessel described in this Licence is hereby authorised to engage in fishing in the Licensing Area !or the period described in this Licence, in accordance with the terms and conditions re{erred to in Annex I. FULL NAME OF VESSEL: RADIO CALL SIGN OF VESSEL: REGIONAL REGISTER NUMBER OF VESSEL: HELICOPTER OR OTHER AIRCRAFT WHICH MAY BE USED IN ASSOCIATION WITH THE FISHING ACTIVITIES OF THE VESSEL: PERIOD OF VALIDITY: ~ The period of validity of this licence shall be no longer than one year: FROM , 19 19 TO FOR AND ON BEHALF OF THE PACIFIC ISLAND PARTIES DATE OF ISSUE: LICENCE NUMBER: WARNING: IT IS AN OFFENCE AGAINST THE LAWS OF MANY NATIONS, INCLUDING THE UNITED STATES OF AMERICA, TO VIOLATE THE REQUIREMENTS OF ANNEX I. PENALTIES MAY INCLUDE SUBSTANTIAL FINES AND VESSEL FORFEITURE.