Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697813294328.pdf (Nauru)
'4" ..., / REPUBLIC OF NAURU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY EXTRAORDINARY ------_... _--_......__ .. _......_... _-------_.....----------... ----------.... _---------------------------------_......_---------_... _---_..... _----------... _--... _----.­ No.~ • 20th January 1999 -- ........-----..---------..;......--......---....-----..

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_---,--.......--------------------------...---------........_--_..... _--­ G N.No.
17/1999 Nauru FISHERIES ACT 1997 FISHERIES REGULATIONS 199H ARRANGEMENT OF REGULATIONS PART I - PRELIMINARY Short title Interpretation PART 11- REGISTRATION OF SMALL BOATS Grant of registration Register of small boats Conditions of small boat registration Transfer of registration Refusal or cancellation of registration PART 1II- LICENSING OF FISHING BOATS AND FISHING ACTIVITIES Application of Part III Activities requiring licence Licence applications Allocation of fishing Ix>at licences Grant of licences Period of licence l-icence fees Foreign boat licence fees Transfer of licence Lost.
destroyed m defaced licence Change in circumstances of operation Automatic suspension of licence Suspension of licence Automatic termination of licence.

Cancellation of licence.

Report to Board.

Foreign boat.

licences. "'

I.

2.

1.

~.

5.

() 7 R '!

10.

II.

11 1].

I'; 15 I().

17.

18.

19 20.


21 22 21 H 2 25 26 27 Legal replI;sellt:lti'le r\lational boal licences Conditions of fOle:nn ,1nd !1<ltional boat licences 28 Conditions rel<ltinQ to <lutomalic location cmrmunicators 29 G<lrne fislllll[j lic8l1ce~ 30.

Conditions of game fistliilC.j licences PART IV - FISHING RESEARCH 31.

Research pian:) 32.

Research permits 33.

Conditions of research permit PART V - EVIDENCE BY CERTIFICATE 34.

Evidence by Chief Executive Officer 35.


Evidence regarding boats 36 Photographic evidence PART VI --'MISCELLANE;:OUS 37.

Registers of licences 38.

Offences regarding licences 39.

Interfering witll evidence 40.

Association witrl driftnet fishing 41.

Explosives and poison 42.

Fish aggregating devices 43.

Impoliation of live fish 44.

Sale of fish 45.


Provision of information ,e SCHEDULE 1 FORMS SCHEDULE 2 PE:kIOO AND FE~S OF LICENCES SCHEDULE 3 MARKiNGS OF FISHING BOATS SCHEDULE 4 REPORT FORMS Fisheries Regulations 1998 3 In E~ercise of the powers conferred on it by section 42 of the Fisheries Act 1997 the Cabinet has made the following Regulations - PARt I - PRELIMINARY SHORT TITLE 1.

These Regulations may be citedlas the Fisheries Regulations 1998.

INTERPRETATION 2.
In these Regulations, unless the context otherwise requires--':" "acceptable safety standards" in relation to a small boat, mean's any safety standards required from time to time by the Authority; "the Act" means the Fisheries Act 1997; "foreign boat licence" means a licence issued in respect of a foreign boat under regulation 24; "game fishing licence" means a licence issued in respect of a boat used for game fishing under regulation 29; "national boat licence" means a licence issued in respect of a national boat under regulation 26; "research permit" means a research permit in respect of a boat used for research issued under regulation 32; "VMS information" means information obtained from the Regional Vessel Monitoring System, including but not limited to position reports.
sighting reports, catch reports.

notification of intentions, and analyses of data received by the system; "VMS registration" means registration on the VMS Register of Foreign Fishing Vessels maintained by the South Pacific Forum Fisheries Agency.

PART II-REGISTRATION OF SMALL BOATS GRANT OF REGISTRATION 3. waters shall be registered in accordance with this Part.
(1) A small boat which is used for fishing, including game fishing, in fisheries (2) The owner of a small boat may apply in: Form 1 of Schedule 1 to register or renew the registration of the boat.
(3) Where'he is satisfied that ­ the boat the subject of an application under sub-regulation (2) meets acceptable (a) safety standards; and the registration or renewal will not conflict with any scheme of priorities established (b) for the' registration of small boats; and (c) it is in the national interest to register or renew the registration of the boat, .

the Chief Executive Officer may.


upon receiving payment of the fee set out in Column 2 of Schedule 2. register the boat and grant a certificate of registration in Form 2 of Schedule 1 to the owner of the boat, or renew the registration and certificate, as the case may.be.

(4) Schedule 2.
(4) Schedule 2.

The period of registration under this Part is as specified in Column 3 of f=isheries Regulations 1998 5 where ­ (d) standards; or he considers that the boat is not fit for fishing or does not meet acceptable safety (e) conflict with any scheme of priorities established for the registration of small boats; or the registration, renewal, transfer or continued registration, as the case may be, will (f) he is satisfied that the registration of the boat would not be in the national interest.
(2) The owner of a boat refused registration, renewal or transfer of registration or the registration of which is cancelled under sub·regulation (1) may.

within 21 days, appeal in writing to the Board and the Board may -: (a) confirm; or (b) vary, the refusal of the Chief Executive Officer.

(3) Before making a decision under sub-regulation (2).

the Board shall afford the appellant a reasonable opportunity to be heard.

PART III-LICENSING OF FISHING.


BOATS AND FISHING ACTIVITIES APPLICATION OF PART III 8.

This Part does not apply to ­ (a) fishing, other than game fishing, carried out by use of a registered smali boat; or fishing carried out under and in accordance with a research permit granted under (b) Part IV; or fishing or a fishing activity carried out by or on behalf of the Republic or the (c) Authority .

ACTIVITIES REQUIRING LICENCE 9.
(1 ) Subject to sub·regulation (2) ­ (a) a foreign boat which is used for fishing or a fisheries activity in fisheries waters shall be licensed as a foreign boat under regulation 24: and (b) a national boat which is used in any waters for fishing, other than for sport or game fishing in fisheries waters, or a fisheries activity, shall be licensed as a national boat under regulation 26; and (c) a boat, including a registered small boat, which is used for reward or hire for the purpose of sport or game fishing in fisheries waters shall be licensed as a game fishing boat under regulation 29.
(2) Sub-regulation (1) does not appfy to ­ (a) a support craft; or (b) a 'foreign boat licensed under a Regiqnaf Licensing Arrangement.

LICENCE APPLICATIONS • 10.

Executive Officer shall take into consideration ­ (1) .
In considering an application for a licence under this Part, the Chief (a) any relevant policy directions or guideline~ of the Mini?ter and the Authority; and (b) any relevant Fishery Strategy; and Fisheries Regulations 1998 6 (c) any relevant declarations 01, total allowable catch or precautionary limit points; and (d) where the proposed operation entails possible adverse environmental effects, any proposals for the ,management of those effects; and the commercial viability of the proposed operation (including, where necessary or (e) applicable, an assessment of the financial resources of the applicant and analysiS of ,projected cash flows): and the financial and operational history of the applicant and any other person involved (f) in the operation the subject of the application; and (g) whether the applicant and any other person involved in the operation the subject of the application have cooperated in and made contribl!tions to ·the development of the fishing industry, fishery research, the identification of fishing resources, the enforcement of fisheries laws, the provision of catch data and the conservation and management of fishing resources; and in relation to a bqat the subject of the application, the ownership and registration (h) history of the boat.
the nature of any charter agreement, lease, mortgage or other.
financial arrangement in relation to the boat, the proposed base port of operation of the boat and the history of the good standing of the boat; and (i) in relation to a national boat the subject of an application for a national boat licence, details of the ownership of the boat or the use of land-based facilities in Nauru such as may qualify the boat to be classed as a national boat; and in relation to an application for a game fishing licence, whether it is proposed that (j) the operation will be associated with any national, sub-regi9nal or regional tag-and­ release or other similar con;;ervation or scientific project: and (k) any proposals by the applicant and any 'other person involved in the proposed operation forJuture expansion or alteration of the nature of the proposed operation; and in relation to an enterprise which is not wholly owned and controlled by Nauruan (I) citizens, the level of citizen equity and the degree of control exercisable in law, by agreement or in practice by citizens in the enterprise, the proposed cost and profit sharing arrangements in the enterprise, and any proposals for variation in any of these; and (m) any proposed level of training and employment of Nauruan citizens in the proposed operation (including crew members on any boat involved in the proposed operation); and (n) any other similar matters.
(2) The Chief Executive Officer may refuse ~o grant a'licence ­ (a) where he considers it necessary to do so in order to give effect to any licensing programme or limitation specified in a relevant Fishery Strategy or, in the case of a fishery not subject to a Fishery Strategy, or not previously exploited, where he believes that it would be detrimental to the proper management of the fiShery to issue a licence; or (b) where the issue of the established for the grant of licences; or licence would conflict with any scheme of priorities (c) where he has Jeason to believe, in view of previous convictions for offences related to fisheries, that the applicant will, not comply with the conditions of the licence; or in relation to an application in respect of a boat, where the boat does not have a (d) valid seagoing ce1ificate or certificate of seaworthiness where required under the laws governing shipping, or is not in compliance with any prescribed or acceptable safety standards; or -., • Fisheries Regulations 1998 7 in relation to an application for a national boat licence, where he is not satisfied as (e) to the bona fides of the jOint venture under which it is proposed the boat will operate or that the boat is sufficiently based in Nauru so to qualify as a national boat; or in relation to an application for a foreign boat licence, where the boat does not have (f) good standing, or its good standing is suspended, or it does not have VMS registration; or (g) on any other grounds specified by or under the Act or these Regulations.
ALLOCATION OF FISHING BOAT LICENCES 11. shall be granted in the following descending order of priority:­ Subject to the Act or these Regulations, fishing boat licences for each fishery (1) .....­ .~ (a) a national boat wholly owned by Ncwruan citizens, the Republic or a statutory corporation of the Republic; (b) a national boat owned by or operated under ajoint venture; (c) any other national boat; (d) a foreign boat owned or operated by a Nauruan enterprise which is not a joint venture; (e) any other foreign boat, and in accordance with any priorities established by an international, regional or sub-regional agreement or arrangement to which the Republic is a party.
GRANT OF LICENCES 12.

(1 ) A licence granted under this Part ­ (a) is subject to the conditions specified in it; and • (b) provided the applicable fee has been paid, comes into force on a date specified in it or, if no date is specified, on the date on which it is granted; and (c) subject to this regulation, remains in force until the day on which it expires in accordance with regulation 13.
(2) A licence issued in contravention of any provIsion of the Act or these Regulations, any other law or any applicable agreement or arrangement, is void.

PERIOD OF l;ICENCE 13.

Schedule 2, The period of a licence issued under this Part is as specified in Column 3 of LICENCE FEES 14, (1 ) This section does not apply to foreign boat licences.

(2) .

Schedule 2.

(3) been paid.


The fees payable in respect of a licence are as specified in Column 2 of A licence shall not come into force until and unless the applicable fee has (4) There shall be no refund of any fee paid for the issue of a licence.

FOREIGN BOAT LICENCE FEES 15.

(1 ) The fee for a foreign boat .licence shall comprise ­ Fisheries Regulations 1998 8 (a) an access fee, which shall be paid before the issue of the licence; and (b) a fishing fee.
(2) An access agreement shall make provision for the levels and method of payment of the access fees and fishing fees payable in respect of the foreign boats licensed under the access agreement.

(3) The fishing fee referred to in sub-regulation (1) may­ (a) b; calculated as a r'E:rcentage of the actual value of catch, and paid as specified in the access agreement; or of the licence .
• (b) be estimated and paid together with the payment of the access fee before the issue 16. held in respect of another boat, premises or place.

,: icence issued under this Part shall ,not be transferred to another licensee or to be TRANSFER OF LICENCE LOST, DESTROYED OR DEFACED LICENCE 17. application to the Chief Executive Officer for the issue of a duplicate licence.
Where a licence has been lost or destroyed, the licensee may make written (1) (2) Where the Chief Executive Officer is satisfied that ­ (a) the licence has been lost or: destroyed; and (b) no improper use has been made or is being made of the licence, he shall, on payment of the duplicate licence fee set out in Column 2 of Schedule 2, issue a duplicate licence to the licensee.
(3) Where a lic~nce has been defaced, the licensee shall, on returning the licence to the Chief Executive Officer and on payment of the duplicate fee set out in Column 20f Schedule 2, .be issued with a duplicate licence.

(4) A duplicate licence issued under this regulation has the same force and effect as the licence of which it is a duplicate.

CHANGE IN CIRCUMSTANCES OF OPERATION (1) .


Where a licensee which is a corporate person proposes a change in its 18. shareholding or beneficial owner~hip, it shall immediateLy notify the Chief Executive Officer in writing, giving details of the proposed change.
(2) Where the operator of a national boat proposes 'a change in the operations of the boat such that it may no longer qualify as a national boat, he shall immediately notify the Chief Executive Officer in writing, giving details of the proposed change.

(3) The Chief Executive Officer shall consider a notification under sub-regulation (1) or (2) a'nd shall decide whether the proposed change is such that the licence should be cancelled or continued.

AUTOMATIC ~USPENSION OF LICENCE (1) 19.


A licence which authorises fishing or a fisheries activity in contravention of a notice under section 11 of the Act is, to the extent that its terms contravene the notice, automatically suspended.

,--" Fisheries Regulations 1998 9 __-----C __________________•• ____ (2) Whel~e the good standing or the VMS registration of a licensed boat is suspended.
any licence in respect of the boat is automatically suspended until and unless the good standing or the VMS registration (as the case may be) of the boat is restored.
SUSPENSION OF LICENCE 20. considers appropriate ­ (1) The Chief Executive Officer may suspend a licence, on such terms as he (a) where a material misrepresentation, omission or misstatement of fact has been made in the application for the licence; or (b) where there has been consistent failure to report as required by these Regulations; or (c) where he has reasonable grounds to suspect that there has been a contravention of, or a failure to comply with, a term or condition of the licence, not being a ground to which he has previously exercised his powers under this regulation in relation to the licence: or (d) where any fee.
charge or levy required in respect of the licence has not been paid; or for a specified period, where he is satisfied that the suspension is necessary for the (e) proper management or conduct of a fishery or a fishing activity; or (f) where the licensee has been charged with an offence involving dishonesty under any law and the charge has not yet been determined; or (g) in respect of a national boat which the Republic has proposed for licensing under a Regional Licensing Arrangement, where he has reasonable grounds to believe that the the conditions of the Regional Licensing boat has been operated contrary the Regional Licensing Arrangement or the Arrangement entitles it to fish; or laws of any stale in whose waters to (h) on any other ground specified under the Act or these Regulations for the suspension of a licence. '
(2) Before a licence is suspended, the Chief i::xecutive Officer shall serve a notice on the licensee specifying the ground for suspension and -'­ (a) where the licence is being suspended under sU!
:J-regulation (1)(b) or (c), allowing the holder not less than 14 days after the date of serving of the notice to remedy the contravention or the failure to comply or pay; or (b) where the licence is being suspended under sub-regulation (1)(d), (f), (g), (h) or (i), allowing the holder not less than 14 days after the date of service of the notice to make representations as to why the licence should not be suspended.
(3) Unless sooner revoked, the suspension of a licence under sub-regulation (1)­ (a) and takes effect on the expiry of the time allowed in the notice under sub-regulation (2): (b) continues until the suspension is rescinded by the Chief Executive Officer or the licence expires or is cancelled.

(4) .
(4) .

On the request of \tIe licensee, the Chief Executive Officer shall allow him an opportunity to be heard and ­ (a) where he is satisfied that the ground for suspension does not apply or is not sufficiently serious as to merit suspension, may rescind the suspension; or ~ ~.

-~~- - - " .

.

Fisheries Regulations 1998 10 (b) where he is satisfied that the licensee is performing his obligations and complying with the Act and these Regulations, shall rescind the suspension.
(5) The Chief Executive Officer shall rescind a suspension ­ (a) under sub-regulation (1)(e), if- the suspension is no longer required for the proper management of the fishery; or (b) under sub-regulation (1)(f), when the charge has been determined in favour of the licensee.

AUTOMATIC TERMINATION OF LICENCE 21.
Where -"'­ (a) any fee, charge or levy required in respect of a licence has not been paid; or the flag state registry or the ownership of a boat the subject of a licence changes; (b) or the good standing or the VMS registration of a boat the subject of a licence is (c) cancelled; or (d) an approval under regulation 18 has not been sought in accordance with that regulation, or approval has not been given or conditions upon which the approval was given have not been complied with, and the change has occurred; or (e) an operator of a national boat which the Republic has proposed for licensing under a Regional Licensing Arrangement has been convicted by any court of operating the boat contrary to the conditions of the Regional' Licensing Arrangement or the laws of any state inwhose waters the Regional Licensing Arrangement entitles it to fish, .
the licence shall automatically terminate.

CANCELLATION OF LICENCE 22.
(1 ) The Chief Executive Officer may cancel a licence ­ (a) where he is saiisfied that information required to be given or reported under the Act or these Regulations and any applicable access -agreement is false, incomplete, incorrect or misleading; or (b) where the licensee (or where the licensee is a corporate person, <my of the principals of the is convicted of an offence against the Act or these Regulations, the Marine Resources Act 1978 (repealed), any other law concerning fisheries matters, or licensee) (c) where the licensee (or where the licensee is a corporate person, any of the principals of the licensee) is convicted (jf an offence involving dishonesty under any law; or (d) where the licensee beComes bankrupt, or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assi.gnment of his rernunerationfor their benefit; or (e) where he is satisfied on reasonable grounds that the licensed activity is not being condu8ted in accordance with the requirements of the Act or these Regulations or any other relevant law, any applicable access agreement or other agreement, or that there has be~n a change in the circumstances of {he licensee sufficient to justify cancellation of the licence; or (f) on any ground given under these Regulations for the cancellation of a licence.
(2) For the purposes of sub-regulation (1); "principals" in respect of a corporate person includes the director, manager, secretary or other similar officer or any person purporting to act in such a capacity.

\.

I _ ___ ~________ "'~ w ~ Fisheries Regulations 1998 11 (3) Where the Chief Executive Officer proposes to cancel a licence under thi!:?
regulation, he shall serve a notice on the licensee ~ (a) advising him of the intention to cancel the licence and of the reasons for ,the intended, cancellation; and (b) allowing him, within 14 days from the date of service of the notice, to make written or oral rep'resentations as to why the licence should flot be cancelled.
(4) Where the licensee does not make, within 14 days, representations under sub-regulation (3)(b) or a request to be heard under sub-regulation (4), the Chief Executive Officer may cancel the licence.

(5) Where representations ;have been made under sub-regulation (3)(b) , the Chief Executive Officer shall consider them and decide whether or not to cancel the licence.

REPORT TO BOARD (1) 23, furnish a report to the Board in respect of all licences issued, renewed.
refused, suspended and cancelled during the previous month.

The Chief Executive Officer shall, not later than the 14th qay of each month, .

(2) A ,report under sub-regulation (1) shall include reasons for any refusal.

suspension or cancellation of a licence included in it.

FOREIGN BOAT LICENCES 24. accordance with an access agreement.
(1) No licence shall be issued in respect of a foreign boat except under and in • (2) An application for a foreign boat licence shall be made in Form 4 of Schedule 1 by or on behalf of the operator of the boat.

(3) A foreign boat licence ­ (a) shall be in Form 5 of Schedule 1; and (b) shall be issued for a specified species, sub-species.
class or type of fish; and (c) may be issued for a specified area of fisheries waters; and (d) shall specify the fishing method permitted under the licence; and (e) may specify the type of equipment to be used ~or fishing; and (f) may specify a port or ports at which the boat may tranship, offload, refuel or reprovision; and .
(g) may specify such further conditions in relation to any fishing permitted under the licence, including catch limits, as are necessary or desirable; and (h) may specify a number of Nauruan citizens who are to be employed as crew aboard the b?at during the licence period; and (i) shall require that an approved automatic location communicator be installed on the boat, maintained in good working order and kept operational at all times during the licence period and in accordance with the manufacturer's specifications and operating instructions and the standards laid down by the Regional Vessel Monitoring System; and U) shall be endorsed in respect of any support aircraft and support craft.
(4) A foreign boat licence is subject to the conditions in .regulation 27 and to such further conditions as are specified in it.
- - - - - - - - - - - - - - - - Fisheries Regulations 1998 12 LEGAL REPRESENTATIVE (1) 25, The foreign party to an access agreement or the operator of a licensed foreign boat shall nominate a legal representative who is resident in Nauru and authorise him to act on behalf of the operator of the boat and to accept legal responsibility on behalf of the operator for any action, j~ridical or otherwise, taken in r~spect of the boat.
(2) Any communication, 'information, document, direction, request or response to or from the legal representative shall be deemed to have been sent to, or received from, the foreign party or operator or both, as the case may be.

NATIONAL BOAT LICENCES 26.

6 of Schedule 1.
(1) The operator of a national boat may apply for a national boat licence in Form (2) A national boat licence ­ (a) shall be in Form 7 of Schedule 1; and (b) shall be issued for a specified species, sub-species, class or type of fish; and (c) may be issued for a specified area of fisheries waters; and (d) shall specify the fishing method permitted under the licence; and (e) may specify the type of equipment to be used for fishing; and (f) may specify a port or ports at which the boat may tranship, offlbad, refuel or reprovision; and (g) may specify such further conditions in relation to any fishing permitted under the licence, including catch limits, as are necessary or desirable; and (h) may specify a number of Nauruan citizens who are to be employed as crew aboard the boat during the licence period; and (i) may require that an approved automatic location communicator be installed on the boat, maintained in good working order and kept operational at all times during the licence period and in accordance with the manufacturer's speCifications and operating instructions and the standards laid down by the Regional Ves~el Monitoring System; and U) shall be endorsed in respect of any support aircraft and support craft.
(2) A national boat licence is subject to the conditions in regulation 27 and to such further conditions as are specified in it.

CONDITIONS OF FOREIGN AND NATIONAL BOAT LICENCES (1) 27.

The operator of a boat licensed under this Part or under a Regional Licensing Arrangement shall recognise and agree to comply with all laws of the Republic, including and in particular the Act and these Regulations.
(2) The boat shall only be used for such fishing or fisheries activities and during such periods and in such places as are specified in the licence.

(3) The boat shall not be used for transhipment at sea except in the case of a small purses'einer which is specifically authorised to undertak.e observed transhipment by and in accordance YJith the conditions of its licence and any applicable access agreement.
(4) The boat shall at all times while in fisheries waters ­ (a) fly the flag of the state in which it is registered; and (b) display identification markings in accordance with Schedule 3; and Fisheries Regulations 1998 13 (c) display lights and shapes for the boat and activity in which it is engaged in compliance with the requirements of the International Regulations for Preventing Collisions at Sea.
(5) together with any endorsements, on board the boat at all times during the licenge period and produce it to an officer upon request.

The boat shall carry the original of the licence, .'

(6) The boat shall, unless the Chief Executive Officer otherwise directs in writing, carry a person who is able to communicate effectively in English and in the language of the master of the boat and that person may be the master.
(7) The master of a boat which takes fish shall complete daily in the English language, whether within fisheries waters or not, in a form approved by the Chief Executive Officer, a fishing include the following jnformation:­ logbook for each day of fishing which shall (a) the date and time; (b) the fishing effort of the boat; (c) the method of fishing used; (d) the area an\!
position (to one minute of arc) at which fishing was undertaken; (e) the species of fish taken, and the quantity and condition of each species; the species of fish taken and discarded, and the quantity and condition of each (f) species; (g) any other information required by the Chief Executive Officer or as specified in the licence, and shall certify by his signature that the information in the fishing logbook is true, complete and accurate.

.
.

(8) The operator shall provide to the Chief Executive Officer, in a ferm and by a means approved by him, information in Schedule 4 ­ (a) each Wednesday while the boat is in fisheries waters; ~nd (b) immediately upon entry into and exit from fisheries waters; and (c) at least 24 hours before the estimated time of entry into the port of Nauru; and (d) at least 24 hours before any transhipment, offloading, refuelling or provisioning is proposed.
(9) The operator of a boat which takes fish shall provide to the Chief Executive Officer, in a form and by a means approved by him ­ (a) a trip completion report in accordance with Schedule 4, within 48 hours; and (b) a final trip report together with true copies of catch reports, landing slips or dock recei'pts, within 21 days in the case of a nationalboat, or 45 days in the case of a foreign boat, .

of the completion of a fishing trip.


(10) The master shall maintain on board the boat, at all times whether within fisheries waters or not, a ship's log separate from the fishing logbook referred to in sub­ regulation (7) and shall enter in that log a record of the date, time and nature of every instruction or direction normally recorded requirement communicated to the master by the Chief Executive Officer or an authorised officer.
log and every in a ship's Fisheries Regulations 1998 14 (11) The master shall ensure the continuous monitoring of the international distress and calling frequency (HF) as determined from time to time by the International Telecommunications Union, and the international safety and calling frequency (channel 16, VHF FM).
(12) The boat shall carry on board the latest edition of the "International Code of Signals" published by the International Maritime Organization Marine Safety Committee, and the signals specified in that Code shall be used in every communication by radio, flag or light by a licensed boat in fisheries waters.
(13) The master shall adopt all reasonable measures to minimise catch of species other than those specified in the licence, including the' use of equipment and techniques shown to be effective in minimising those catches.
(14) The proviSions of the Act and these Regulations relating to observers shall be observed at all times and in all waters, (15) Notwithstanding anything in these Regulations, the Chief Executive Officer may at any time during the licence period, require further and better information from the operator of a licensed boat regardmg the operations of the boat.
CONDITIONS RELATING TO AUTOMATIC LOCATION COMMUNICATORS 28. communicator on board, the operator shall ensure the following:­ Where a licensed boat is required to carry an approved automatic location (1) (a) no person shall location communicator and the approved.
automatic location communicator is not altered, damaged or disabled; tamper or interfere with the approved automatic the approved automatic location communicator shall not be moved from the agreed (b) installed position or removed without the 'prior permission of the Authority; (c) only one approved automatic location· communicator at a time may be carried on board the boat; the approved automatic location communicator shall be switched on and operational (d) at all times when the boat is within fisherieswaters; (e) where the boat is outside fisheries waters and proposes t9 enter fisheries waters, the approved automatic location communicator shall be switched on and operating properly 12 hours before the estimated time of entry into fisheries waters or 50 nautical miles beyond the boundary of fisheries waters, whichever occurs soon~r.
(2) Upon notification by the Authority that the boat's approved automatic location communicator has failed to report, reports containing the boat's name, call sign, position (expressed in latitude and longitude to minutes of arc) and date and time of the report shall be communicated to the Authority at intervals of 8 hours or such lesser period as is specified by the Authority, commencing from time of notification of the failure of the approved automatic location communicator, and .not ceasing until the Authority has confirmed that the approved automatic location communicator is operational; (3) Where it is not possible to make anyone or more of the further position re'ports in accordance with sub-regulation (2) or where the Authority so directs, the master of the boat shall 'immediately stow all fishing gear and take the boat immediately to a port specified by the Authority, and as soon as possible report to the Authority that the boat is being or has been taken to that port with gear stowed, Fisheries Regulations 1998 15 GAME FISHING LICENCES 29.
Form 8 of Schedule 1.

(1) The operator of a game fishing boat may apply for a game fishing licence in • (2) A game fishing licence ­ (a) shall be in Form 9; and (b) may be issued for a specified type, Class or species of fishstock; and (c) may be issued for a specified area of fisheries waters; and (d) may specify the kind of fishing permitted under the licence .. (3) A game fishing licence is subject to the conditions in regulation 30 and to such further conditions as are specified in it.
CONDITIONS OF GAME FISHING LICENCES (1) The boat the subject of the licence shall be seaworthy and shall comply with 3D, any safety standards for shipping which are applicable from time to time under the laws of the Republic.

(2) While being used for reward or hire for game or sport fishing, the boat shall only be used for such fishing and during such periods anct in such places as are specified in the licence.
(3) The boat shall at all times while in fisheries waters ­ (a) display identification markings in accordance with Schedule 3; and (b) where it is registered under any law, including the law of another state, related to registration of shipping, fly the flag of the state in which it is registered; and (c) display lights and shapes for the boat and activity in which it is engaged in compliance with the req.uirements of the International Regulations for Preventing Collisions at Sea.
(4) The operator shall promptly provide the Chief Executive Officer with any information in respect of the fishing operations of the boat .that he may require from time to time, PART IV -'FISHING RESEARCH RESEARCH PLANS (1) 31, A person who intends to use.
a boat, including a small boat, in fisheries waters for a research project involving fishing trials, investigations or research, other than a research project carried out by or on behalf of the Republic or the Authority, may propose a research plan to the Board.
(2) A research plan may relate to one or:more of the following:--,­ (a) proposing proper resource utilisation and management guidelines; (b) determining the biological and' species composition, abundance, population size and distribution of a fisheries resource, and related matters; testing the commercial viability of a new fishing method or a new fisheries resource (c) or fishing.
in previously unexploited waters; (d) establishing the viability or otherwise of a fishery or a fishing method; ~I Fisheries Regulations 1998 16 (e) any other marine scientific research conducted for peaceful purposes and in order to increase scientific knowledge of the marine environment for the benefit of all mankind.

RESEARCH PERMITS 32.


Where the Board is satisfied ­ (a) as to the bona fides of the research plan and of the proposer of the plan; and (b) that the conquct of the research project is in accordance with the objects of the Authority and the provisions of Part XIII Regulation 30f the United Nations Convention on the Law of the Sea and will ~be of benefit to the Republic, it may authorise the Chief Executive Officer.

to issue a research.

permit in Form 10 of Schedule 1 in respect of the boat.
and the-Chief Executive Officer shall, upon payment of the fee specified in Column 2 of Schedule 2. issue a research permit accordingly.
(2) A research permit shall be valid for the period specified in it, but in any case shall not exceed one year, and shall specify ­ (a) the area of fisheries waters in which the boat may operate; and (b) the fishing method and sampling strategy to be used; and the species of fish targeted for research, tlie maximum quantities of the fish to be (c) taken and the manner of disposal of any fish taken; and the time within which the research project report, including all raw data, shall be (d) presented to the Authority; and (e) such further terms and conditions as the Board or the Chief Executive Officer thinks appropriate.
(3) A research permit is not transferable or renewable.

CONDITIONS OF RESEARCH PERMIT 33.
A research permit shall be subject to the following conditions:­ the research project shall be conducted in accordance with the provisions of Part (a) XIII, Regulation 3 of the United Nations Convention on the Law of the Sea; (b) scientific observers and any other personnel designated by the Chief Executive Officer shall be allowed on board the boat and shall be allowed to participate fully in the research project both on board the boat and elsewhere; (c) copies of all data and information generated 'by the research project shall be submitted to the Authority at the end or, 'upon request, during the course of, the research or survey operations; .
(d) all results and conclusions of the research project shall be submitted to the Authority as soon as practicable following the completion of the project and in any case no later than the time specified Jor the submission of the research project report under sub­ regulation (4)(d); (e) no results of the research or survey operations shall be published or otherwise made internationally available without the prior consent of the Authority.
PART V - EVIDENCE BY CERTIFICATE EVIDENCE BY CHIEF EXECUTIVE OFFICER 34. give a certificate as to one or more of the following matters:­ For the purposes of section 31 of the Act, the Chief Executive Officer may (1) j Fisheries Regulations 1998 17 (a) a specified boat was or was not on a specified date or dates a national boat or a foreign boat; there was or was not on a specified date or dates a licence or certificate of (b) registration.
issued in respect of a specified boat; (c) a specified person was or was not on a specified date or dates the holder of a specified licence, permit.
certificate of registration or other authorisation; (d) an appended document is a true copy of the licence, permit, certificate of registration or other authorisation in respect of a specified boat, premises or person and that specified conditions were those of a licence, permit, certificate of registration or other authorisation issued in respect of a specified boat, premises or person; (e) a call sign, name or number is that of a particular boat or 'has 'been allotted under any system of naming, numbering or otherwise identifying boats to a particular boat; (f) a particular location or area of water was on a specified date or dates within fisheries waters, or was within a closed, limited, restricted or in any other way controlled area of fisheries waters, or an area of fisheries waters subject to specified conditions; (g) an appended chart shows the boundaries on a specified date or dates of fisheries waters, the territorial sea, closed or limited areas or other areas or zones delineated for any specified purpose; (h) an appended document is a true copy of a certificate of an access agreement or an international, regional or sub-regional agreement or arrangement; (i) an appended statement received from the Director of the South ~acificForum Fisheries Agency shows that a specified boat does or does not have good st~nding; (j) an appended statement received from the Director of the South Pacific Forum Fisheries Agency shows that a specified poat does or does not have VMS registration; (k) a particular position report, catch report or other report, a copy of which is appended, was given in respect of a specified boat.
(2) In proceedings for an offence against section 22 or 25 of the Act.

or against regulation 40 or 41. the Chief Executive Officer.
or a person authorised by him in writing, may give a certificate as to the cause and manner of death of or injury to any fish, EVIDENCE REGARDING BOATS (1) 35, For the purposes of section 31 of the Act, an authorised officer or observer may give a certificate that a specified boat was or was not, at a specified date and time or during a specified period of time, in <I particular plac~ or area, and in the certificate shall state ­ (a) his name.
address, official position, E;ountry of appointment and the provision under which he is appointed; and (b) the name and, if known, call sign of the boat concerned; and (c) the date and time or period of time the boat was in the place or area; and (d) the place or area in which it is alleged the boat was located; and (e) the instrument or method used to fix the pli;lce or area stated in paragraph (d).
(2) , Where an instrument used to fix a place or a.rea under sub-regulation (1) is not part of the .Regional Vessel Monitoring System,the person giving the certificate under that sub-regulation shall also state ­ (a) the accuracy of the instrument within specified limits; and that he/checked the instrument a reasonable time before and after it was used to fix (b) the position and it appeared to be working correctly; and Fisheries Regulations 1998 18 (c) where the instrument useq is not judicially recognised as notoriously accurate, a declaration that he checkeej the instrument as soon as possible after the time concerned against an instrument which is judicially recognised as notoriously accurate.
(3) Where the position, course, speed or other similar matter concerning a boat under sub-regulation (1) is determined by the use of t~le Regional Vessel Monitoring System, the authorised officer or observer who is giving the certificate shall also state ­ that he is competent to read and interpret ,the printout or visual display unit of the (a) machine used to ascertain information- from the Regional Vessel.

Monitoring System; and .


the date and time the information was obtained or ascertained from the machine; the name and call sign of the boat on which the approved automatic location (c) communicator is or was located as known to him or as ascertained from any official register, record or other document; and (d) a declaration that there appeared to be no malfunction in the machine used to .

obtain or ascertain the information from the Regional Vessel Monitoring System.
and • (b) (4) All information or data obtained or ascertained by the use of an approved automatic location communicator on board a boat shall be presumed, unless the contrary is proved, to (a) come from the boat identified as the boat on which the approved automatic location communicator is installed; and (b) be accurately transmitted or transferred; and (c) be given by the operator of the boat; • and evidence may be given of information and data obtained or ascertained from the approved automatic location communicator whether from a printout or visual display unit.
(5) The presumption in sub-regulation (4) shall apply whether or not the information was stored before or after any transmission or transfer.

PHOTOGRAPHIC EVIDENCE (1) 36.

Where a photograph is taken of any fishing or fisheries activity and simultaneously the date and time on which and the position from which the photograph is taken are superimposed upon the photograph, then it shall be presumed unless the contrary is proved that the photograph was taken on that date arid time and from that position.
(2) The presumption in sub-regulation (1) shall arise only i f ­ the camera taking the photograph is connected directly to the instruments which (a) provide the date, time and position concerned; and (b) the instruments which provide the date, time and position are judiCially recognised as being notoriously accurate or were checked as soon as possible after the taking of the photograph against such instruments.
(3) An authorised officer or observer who takes a photograph of the kind described in sub-regulation (1) may give a certificate, appending the photograph, stating­ (a) his name, address, official position, country of appointment and provision under which he is appointed; and (b) the name and call sign, if known, of any boat appearing in the photograph; and the names of the camera, watch or clock or other instruments supplying the date (c) and time and the position fixing instrument and a declaration that he checked those • Fisheries Regulations 1998 19 i'nstruments a reasonable time before and after the taking of the photograph and, if necessary, in accordance with sub-regulation (2)(b) and that they all appeared to be working correctly; and (d) the matters set out in sub-regulation (2)(a); and (e) the accuracy of the fixing instrument used;within specified limits; and the maximum possible distance and the direction of the subject of the photograph (f) away from the camera at the time the photograph was taken.
PART VI - MISCELLANEOUS REGISTERS OF LICENCES 37. granted under this Act.

The Authority shall keep registers in Form 11 of Schedule 1 of all licences issued or OFFENCES REGARDING LICENCES 38.
A person who (a) without lawful authority, alters or defaces any licence issued under the Act or these Regulations; or (b) falsely represents himself to be a person lawfully licensed under these Regulations, is guilty of an offence and is liable to a penalty ­ (a) in a case involving a foreign boat licence, not exceeding $50,000; or (b) .

in a case involving the use of a national boat licence, not exceeding $10,000; or (c) in any other case, not exceeding $1,000.

INTERFERING WITH EVIDENCE (1) 39.
A person who, being on board any boat being pursued, about to be boarded or notified that it will be boarded by an authorised Officer, throws overboard or destroys any fish, fishing equipment, explosive, :poison, noxious substance, chart, log, document or other thing with intent to avoid its seizure or the detection of an offence against the Act or these Regulations is guilty-of an offence, (2) A person who removes from custody any boat, fish, equipment or other item held in custody under the Act or these Regulations, or does any act or omission by which a boat, fish, equipment or other item held in custody under the Act or these Hegulations may be removed from custody, is guilty of an offence.
(3) Sub-regulation (2) applies whether or not the person accused of the offence knew that the boat, fish, equipment or other item was being held in custody.

(4) Where an approved automatic location communicator is required to be fitted to a boat al!d is so fitted, a person who, whether in.
Nauru, in fisheries waters or on the high seas­ intentionally, reCklessly or negligently destroys, damages, renders inoperative or (a) otherwise interferes with any part of the automatic location communicator; or , intentionally feeds Qr inputs into the automatic location.
communicator information or (b) data which' is not offiCially required oris meaningless; or (c) knowingly switches off the approved automatic location communicator at any time that the boat on which it is installed is at sea; or is guilty of an offence.
Fisheries Regulations 1998 20 (5) A person who 'knowingly interferes with or alters any radio or other electronic transmission, including a transmission to or from an automatic location communicator,made or given as required or permitted under the Act or these Regulations is guilty of an offence.
(6) A person who intentionally, recklessly or negligently divulges information obtained from a vessel monitoring system or any other system of reporting or recording required or permitted under the Act or these Regulations, other than in the course of duty and to a person or persons entitled to receive that information in the course of duty, is guilty of an offence.
(7) A person who is guilty of an offence under this regulation is liable to a penalty (a) in a case involving the use of a foreign boat, not exceeding $50,000; or (b) in a case involving the use of a national boat, not exceeding $10,000; or in the case of a crew member of a foreign or a national boat, not exceeding $5,000; (c) or • (d) in any other, case, not exceeding $1,000.

ASSOCIATION WITH DRIFTNET FISHING 40.


(1 ) No person shall engage or assist in driftnet fishing in fisheries waters, (2) No Nauruan citizen shall engage or assist in driftnet fishing in any waters.

(3) "A person who contravenes sub-regulation (1) or (2) is guilty of an offence and is liable to a penalty not exceeding $5,000.
(4) A person who, anywhere in fisheries waters orin the country, tranships, offloads or imports, or permits the transhipment, offloading or import of, any fish or fish product which he knows or reasonably suspects has been taken with the use of a drift net is guilty of an offente and is liable to a penalty not exceeding $5,000.

EXPLOSIVES AND POISON 41.


(1 ) A person who ­ (a) permits to be used, uses or attempts to use any explosive, poison or other noxious substance for the purpose of killing, stunning, disabling or catching fish, or in any way rendering fish more easily caught; or (b) carries or has in his possession or control any explosive, poison or other noxious substance in circumstances indicating an intention of using the substance for any of the purposes referred to in paragraph (a); .
is guilty of an offence and is liable to a penalty not exceeding $5,000.

(2) Any·explosive, poison or other noxious substance found on board any boat shall be p,resumed, unless the contrary is proved, to be intended for the purposes referred to in sub-regulation (1)(a).
(3) A person who lands, sells, receives or possesses any fish taken by a means which contravenes sub-regulation (1)(a), and who knows or h.as reasonable cause to believe them to have been so taken, is guilty of an offence and is liable ­ (a) where the person proves that the landing, receipt or possession was not for the purpose of sale, .trade or profit, to a fine not exceeding $500 or imprisonment for a term not exceeding one year, or both; or • • Fisheries Regulations 1998 21 in any other case, to a fine not exceeding $1,000 or imprisonment for a term not (b) exceeding two years, or both.
FISH AGGREGATING DEVICES (1) No person shall place a fish aggregating device in fisheries waters except 42. with the permission in writing of t,he Chief Executive Officer and in accordance with such conditions as he specifies.

(2) Permission to place a fish aggregating device shall not, of itself, confer any exclusive right to fish in the vicinity of the device.
(3) No person shall use a boat, other than a small boat, to fish within a radius of two nautical miles from a designated fish aggregating device except with the permission of the Chief Executive Officer and in accordance with such conditions as he may specify.

(4) A fish aggregating device placed in fisheries waters otherwise than in accordance with permission given under sub-regulation (1) may be used or disposed of as .

the Chief Executive Officer directs.


(5) A person who contravenes sub-regulation (1) or (3) is guilty of an offence and is liable to a penalty not exceeding $500.

IMPORTATION OF LIVE FISH 43.


Officer subject to such conditions as the ChiefExecutive Officer sees fit ­ A person who, without the permission in writing of the Cilief Executive (1) (a) imports or attempts to import any live fish into Nauru; or introduces into any part of fisheries waters any live fish which is not indigenous to (b) the fisheries waters of Nauru, is guilty of an offence and is liable to a penalty not exceeding $5,000.
(2) Where the Chief Executive Officer is satisfied that there has been a contravention of sub-regulation (1), he may cause the fish to be seized and destroyed or otherwise disposed of, and for this purpose, may require any person in possession of the fish, or any owner or occupant of land.

where the fish is located, to surrender the fish for destruction or disposal.
(3) A person who fails to comply with anY.requirement under sub-regulation (2) is guilty of an offence and liable to a penalty not exceeding $5,000.

SALE OF FISH 44.

(1) The Minister may from time to lime, by notice in the Gazette, declare ­ (a) the price or range of prices for which; and (b) the method, whether by piece, weight or other form of measurement, by which; and (c) th?

place or premises at or in which, fish or any class, type, species or sub-species of fish may be sold.
(2) Before making a declaration under sub-regulation (1), the Minister­ (a) shall consult with the Board; and (b) may consult with any other person or body whom he considers appropriate.

Fisheries Regulations 1998 22 (3) A person who sells fish in breach of a notice under sub-regulation (1) is guilty of an offence and is liable to a penalty not exceeding $1,000.
PROVISION OF INFORMAnON (1) A person engaged in fishing or a fisheries activity in fisheries waters or in 45. respect of fish taken from fisheries waters shall provide to the Chief Executive Officer such information relating to fishing or the fisheries activity, including information relating to fishing time and effort, related transactions, in such form as the Chief E,xecutive Officer may require, or as is provided under these Regulations.
landings, processing, sales, purchases, exports and other • (2) A person is not excused from providing information under the Act or these Regulations on the ground that the information might tend to incriminate him, but the information is not admissible in evidence against him in any proceedings other than proceedings in respect of ­ (a) providing false information in the return; or (b) a refusal or failure to provide information as required by the Act or these Regulations.
(3) Any information required to be recorded, or to be notified, communicated or reported under the Act or these Regulations shall be true, complete and correct.

(4) Any change in circumstances which has the effect of rendering any such information referred to in sub-regulation (1) false, incomplete or misleading shall be notified immediately to the appropriate person, authority or body.

.
(5) A person who ­ (a) knowingly makes a statement that is ·false or incorrect in any material particular in relation to an application for the purposes of the Act or these Regulations; or (b) knowingly furnishes a false or incorrect statement .in relation to any fish taken, bought, sold, processed, exported or otherwise dealt with by the person orby an agent or employee of the person; or (c) knowingly makes or causes to be made any entry or writing that is false in any material particular, in any book, log, record, return, declaration or statement required by the Act or these Regulations to be kept, made or given; or refuses or knowingly fails to provide any information, particulars, report or return (d) required by the Act or these Regulations, is guilty of an offence and is liable to a penalty not exceeding $50,000.
- - - - - - - - - - - - - - Fisheries Regulations 1998 SCHEDULES SCi;fEDULE1 Application for Small Boat Registration Small Boat Registration Certificate Register of Small Boats Application for Foreign Boat:Fishing Licence Foreign Boat Fishing Licence Application.
for National Boat Fishing Licence National Boat Fishing Licence Application for Game Fishing Licence Game Fishing Licence Research Pennit Register of Licences -- FORMS Fonn 1 Fonn2 Fonn 3 Fonn4 .Fonn 5 Fonn 6- Fonn 7 - Fonn 8- Fonn 9· Fonn 10 Fonn 11 REPUBLIC OF NAURU Fisheries Act 1997 ApPLICATION FOR SMALL BOAT REGISTRATION (Fisheries Regulations 1998 - Regulation 3) An application for Smaff Boat Registration must be made by the owner of a smalf boat (less than 10 metres in length) which is used for fishing in fisheries waters.
Name of owner: Address: DETAILS OF ApPLICANT BOAT DETAILS Make Hull type (e,g.

aluminium, wooden, etc) Colour and other distinguishing marks Horsepower and make of engine Length overall Main use • Previously registered?

(check (v) one) Yes D No D If yes, whereabouts of last Registration Certificate IL.._--,.,____"--___..,--_---''--___- - J DECLARATION By ApPLICANT I declare that the above information is true, complete and correct.
I understand I am required to report immediately to the Chief Executive Officer:, Nauru Fish'eries & Marine Resources Authority any changes to the information given on this form and any change of ownership of the boat and I further understand that failure to do so may render me liable to ,prosecution , Applicant's signature Date Print full name This application is to be forwarded to the Chief Executive Officer, Nauru FisherieS & Marine Resources Authority at the address be/ow and is to be accompanied by the prescribed fee.
Chief Executive Officer Nauru Fisheries & MarineRe~ources Authority Aiwo District Republic of Nauru Telephone: (674) 444 3733 (674) 444 3739 (674) 444 3812 Fax: I FORM 2 REPUBLIC OF NAURU Fisheries Act 1997 SMALL BOAT REGISTRATION CERTIFICATE (Fisheries Regulations 1998 - Regulation 3) Registration number: Date of issue: eThis small boat is registered to fish in the fisheries waters of the Republic of Nauru in accordance with the Fisheries Act 1997 and the terms and conditions set out below.
BOAT DETAILS ~----~------------------~I~ PARTICULARS OF OWNER Make: Hull type: Colour and other distinguishing marks: Horsepower and make of engine: Length overall: Safety equipment to be carried: Name: Address: I From to ~~----------------------~ inclusive.

PERIOD OF VALIDITY Chief Executive Officer .

NAURU FISHERIES & MARINE RESOURCES Date J ~ FORM 3 REPUBLIC OF NAURU - ~ ~ Fisheries Act 1997 REGISTER OF SMALL BOATS (Fisheries Regulations 1998 - Regulation 4) Date of Issue Date of Expiry .
Registration Number Name of Owner Make of Boat Hull Type Colour & Other Distinguishing Marks HP & Make of Engine LOA .. " ,.

.. , I • FORM 4 REPUBLIC OF NAURU Fisheries Act 1997 ApPLICATION FOR A FOREIGN BOAT FISHING LICENCE (Fisheries Regulations 1998 - Regulation 24) An application for a Foreign Boat Ucence must be made by or on behalf of the operator of a foreign boat which is used for fishing or a fisheries activity in the fisheries waters of the Republic of Nauru.
Name of Applicant 1.....___,.....-__ __ __---' Current Licence Number (if any) IL...-___-'--_---l Address Tel: Fax: Telex ______ Vessel Type If--------,.--II Year Built 1 .

.

.

.

___ ___ --'-"-.1-.

Name of Vessel I Size of Vessel (specify) 1'---____.

:..-____,.-----'1 GRT (Other_·_____ Country Registration Number International Radio Call Sign Number of Citizen Crew Regional Register Number Fishing ~ethods Area of Operation VMS Registration Number Target Species ALC* Inmarsat C Mobile No.
(lMN( 1 Desired Effective Date *ALC must be of a type approved under Nauru Fisheries & MarinE;!

Resources Authority Regulations.

Alternate Vessel Contact Details Inmarsat A No.

Inmarsat B No.

Inmarsat M No.

Mobile Phone No.

Telex No.


(Provide as attachment to this application documentary evidence regarding the above infonnation which may assi~t the Authority in detennining whether to grant a licence, such as boat survey certificates, gear speCifications, past involvement with the development and management of Nauru's fishing resources etc.)

................... see over I REMITTANCE OF LICENCE FEE Amount of Licence Fee: Name of Bank: Address of Bank Remittance Reference No.
II.-,-._ ____ ____ _~__ __ ___'____' I declare that the above information is true, complete and correct.
I understand I am required to report immediately to the Chief Executive Officer, Nauru Fisheries & Marine Resources Authority any changes to the information given on this form and f further understand that failure to do so may render me liable to prosecution • •• Applicant's Signature (Operator or applicant on his behalf) Date This application is to be forwarded to the Chief Executive Officer, Nauru Fisheries & Marine Resources Authority, at the address shown below Chief Executive Officer Nauru Fisheries & Marine Resources Authority Aiwo District Republic of Nauru Telephone: (674) 444 3733 (674) 4443739 (674) 4443812 Fax: FORMS REPUBLIC OF NAURU The Fisheries Act 1997 FOREIGN BOAT FISHING LICENCE (Fisheries Regurations 1998 - Regulation 24) Name of Licence Holder 1 -1__ _ ______...J .
.

.

.

.

.

, - .

, .

.

- ­ Licence Number 1'---_______-' Address Vessel Type II-~·_____-:-_--1 year Built I-~_______- - - ' Licence Expiry date (dd/mmlyyyy) --:.

'_' __ :_ The Licence Holder and the Vessel named below are hereby licensed in accordance with the Fisheries Act 1998 to fish .

in accordance with the terms and conditions set out in this licence and prescribed from time to time in the Fisheries Regulations 1998.
Name of Vessel Size of Vessel (specify) IL-_____---,.,.._~_-"--....JI GRT (Other____--"~) Country Registration Number International Radio Call Sign Regional Register Number Authorised Fishing Methods VMS Registration Number Authorised Target Species Registration number and make of helicopter if any to be carried on vessel: Registration Number I '-------~~---~----' Make II.--__--"_______-'--___----...J Registration number, make and name and address of operator of any aircraft used in association with fishing activities: Registration Number 11-_ _ _____ _ _-_---' Make II....__,....,--_______--------J • Name Address For and on behalf of .the Licensing Country I Chief Executive Officer NAURU FISHE~ES & MARINE RESOURCES AUTHORITY Date ..................... :see over SELECTED CONDITIONS OF FOREIGN BOAT FISHING l..ICENCE The operator of the boat shall recOgnise and agree to comply with all laws of the Republic, including and in particular the Fisheries Act <1997 and Regulations made under it.
The boat shall only be used for such fishing or fisheries activities and during such periods and in such places as are' specified in the licence.

The boat shall not be used for transhipment at sea.
The boat shall carry the original of the licence on board the boat at all times during the licence period and produce it to an officer upon request The boat shall, unless ·the Chief Executive Officer otherwise directs in writing, carry a person who is able to communicate effectively in English and in the language of the master of the boat and that person may be the master.

.
The master of a boat which takes fish shall complete daily in the English language, whether within fisheries waters or not, in a form approved by the Chief Executive Officer, a fishing logbook for each day of fishing which shall include the following information:­ (a) the date and time; (b) the fishing effort of the boat; the method of fishing used; (c) (d) the area and position (to one minute of arc) at which fishing was undertaken; (e) the species of fish taken, and the quantity and condition of each species; the species of fish taken and discarded, and the quantity and condition of each species; (f) (g) any other information required by the Chief Executive Officer or as specified in the licence.
and shall certify by his signature that the information in the fishing Jogbook is' true, complete and accurate.

The operator of a national boat which takes fish shall provide to the Chief Executive Officer, in a form and by a means approved by him ­ (a) a preliminary trip report, in accordance with Schedule 4 within 48 hours; and (b) a final trip report, together with true copies of catch reports, .Ianding slips or dock receipts, within 21 days, of the completion of a fishing trip.
The operator shall provide to the Chief Executive Officer, in a form and by a means approved by him, information in Schedule 4 of the Fisheries Regulations 1998­ • (a) each Wednesday while the boat is in fisheries waters; and (b) within a reasonable time of entry into and exit from fisheries waters; and (c) within a reasonable time before the estimated time of entry into the port of Nauru; and (d) within a reasonable time before any transhipment.

offloading, refuelling or provisioning is proposed.
The master shall maintain on board the boat,.

at all times whether within fisheries waters or not, a ship's log separate from the fishing logbook referred to above and shall enter in that log a record of the date, time and nature of every instruction or direction normally recorded' in a ship's log and every requirement' communicated to the master by the Chief Executive Officer or ao authorised officer.
The master shall adopt all reasonable measures to minimise catch of species other than those specified in the licence, including the use of equipment and techniques shown to be effective in minimising those catches.

The provisions of the Fisheries Act 1997 and Regulations made under it relating to observers shall be observed at all times and in all waters.

FAILURE.
FAILURE.

TO COMPLY WITH THESE AND ALL OTHER TERMS AND CONDITIONS OF THE LICENCE, THE FISHERIES ACT AND REGULATIONS MADE UNDER IT MAY, IN ADDITION TO ANY JUDICIAL PENALTIES THAT MAY BE INCURRED.

RESULT IN THE SUSPENSION OR LOSS OF THIS'-LlCENCE, EITHER TEMPORARILY OR PERMANENTLY.
THIS LICENCE IS NOT TRANSFERABLE FORM 7 REPUBLIC OF NAURU The Fisheries Act 1997 NATIONAL BOAT FISHING LICENCE (Fisheries Regulations 1998 - Regulation 26) Name of Licence Holder Address ~----------~--------~ Licence Number ________----~ 1 .

.

. '

Vessel Type /1------------------1 Year Built .


~--------------~ Licence Expiry date (dd/mm/yyyy) _ I -,-1 __ The Licence Holder and the Vessel named,below are'hereby licensed in accordance with the Fisheries Act 1997 to fish in accordance with the terms and conditions set out in this licence and prescribed from time to time in the Fisheries Regulations 1998.

Name of Vessel Size of Vessel (specify) .... _ ___ ___....,..,.
".--'1 GRT ,'-- (Other______ country Registration Number Intemational Radio Call Sign Regional Register Number Authorised Fishing Methods VMS Registration Number .. Re~istration number and make of helicopter if ?lny to be carried on vessel: .

, Registration Number Authorised Target Species 1 .

.

.

'_______________ ______ ~ Make 1 .

.


.1~~________________________~~ Registration number, make and name and address of operator of any aircraft used in association with fishing activities: Registration Number ' - ______________...."...____- l Name Address Vessels ALC· Inmarsat C MObile Number (IMN) Make 1 .

.
.1 ____ ______________~ " " - ­ For arid on behalf of the Licensing Country I Chief Executive Officer NAURU FISHERIES & MARINE RESOURCES AUTHORITY Date ...................... S660V6r Particulars of joint venture: (where applicable) Use of Nauruan land-based facilities: (if any) Details of handling and destination of catch: (Provide as attachment to this application documentary evidence regarding the above information which may assist the Authority in determining whether the boat is a national boat and whether to grant a licence, such as boat survey certificates, gear specifications, marketing arrangements, cash flow projections, further details regarding boat ownership and operations, etc.)
REMITTANCE OF LICENCE FEE Amount of Licence Fee: Name of Bank: Address of Bank Remittance Reference No.

I declare that the above information is true, complete and correct.

I understand I am required to report immediately to the Chief Executive Officer,Nauru Fisheries & Marine Resources Authority any changes to the information given on this form and I further understand that failure to do so may render me liable to prosecution.
• Applicant's Signature (Operator or applicant on his behalf) Date This application is to be forwarded to the Chief Execl.
!tive Officer, Nauru Fisheries & Marine Resources Authority, at the address shown be/ow Chief Executive Officer Nauru Fisheries & Marine Resources Authority Aiwo District Republic of Nauru Telephone: (674) 444 3733 (674) 444 3739 (674) 444 3812 Fax: Si:LECTED CONDITIONS OF FOREIGN BOAT FISHING LICENCE The operator of the boat shall rec')gnise and agree to comply with all laws of the Republic, including and in particular the Fisheries Act 1997 R' Id Regulations made under it.
The boat shall only be used for ;;uch fishing or fisheries activities and during such periods and in such places as are specified in the licence.

The boat shall not be used for transhipment at sea.

The boat shall carry the original o~ the licence on board the boat at all times during the licence period and produce it to an officer upon request.
The boat shall, unless the Chief Executive Officer otherwise directs in writing, carry a person who is able to communicate effectively in English and in the language of the master of the boat and that person may be the master.
The master of a boat which takes fish shall complete daily in the English language, whether within fisheries waters or not, in a tonn approved by the Chief Executive Officer, a fishing logbook for each day of fishing which shall include the following infonnation:­ (a) the date and time; (b) the fishing effort of the boat; the method of fishing used; (c) (d) the area and position (to one minute of arc) at which fishing was undertaken; the species of fish taken, and the quantity and condition of each species; (e) the species of fish taken and discarded, and the quantity and condition of each species; (f) (g) any other information required by the Chief Executive Officer or as specified in the licence, and shall certify by his signature that the information in the fishing logbook is true, complete and accurate.
The operator of a national boat which takes fish shall provide to the Chief Executive Officer, in a fonn and by a means approved by him­ • (a) a preliminary trip report, in accordance with Schedule 4 within 48 hours; and (b) a final trip report, together with true copies of catch reports, landing slips or dock receipts, within 21 days, of the completion of a fishing trip.
The operator shall provide to the Chief Executive Officer, in a form and by a means approved by him, infonnation in Schedule 4 of the Fisheries Regulations 1998­ • (a) each Wednesday while the boat is in fisheries waters; and (b) within a reasonable time of entry into and exit from fisheries waters; and (c) within a reasonable time before the estimated time of entry into the port of Nauru; and (d) within a reasonable time before any transhipment,offtoading, refuelling or provisioning is proposed.
The master shall maintain on board the boat, at all times whether within fisheries waters or not, a ship's log separate from the fishing logbool-.

referred to above and shall enter in that log a record of the date, time and nature of every instruction or direction nonnally recorded in a I ship's log and every requiremel1t communicated to the master by the Chief Executive Dfficer or an authorised officer.
The master shall adopt all reasonable measures to minimise catch of species other than those specified in the licence, including the use of equipment and techniques shown to be effective in minimising those catches.

The provisions of the Fisheries Act 1997 and Regulations made under it relating to observers shall be observed at all times and in all waters.
FAILURE TO COMPLY WITH THESE AND ALL OTHER TERMS AND CONDITIONS OF THE LICENCE, THE FISHERIES ACT AND REGULATIONS MADE UNDER IT MAY, IN ADDITION TO ANY JUDICIAL PENALTIES THAT MAY BE INCURRED,RESULT IN THE SUSPENSION OR LOSS OF THIS LICENCE, EITHER TEMPORARILY OR PERMANENTLY.
THIS LICENCE IS NOT TRANSFERABLE FORM 8 REPUBLIC OF NAURU Fisheries Act 1997 ApPLICATION FOR A GAME FISHING LICENCE (Fisheries Regulations 1998- Regulation 29) An application for a Game Fishing Ucence must be made in respect of a boat (including a Small Boat) which is used for reward or hire for game or sport fishing in the fisheries waters of the Republic of Nauru.
Name: '--_____--'1 Type: IL--____-li Built of: PARTICU!-ARS OF BoAT Length (LOA): Port of Registry: (if registered) Gross tonnage (or engine power of Small Boat): Intemational Radio Call Sign: (if any}: Country or Small Boat Registration No.
: Regional Register No: (if applicable) Registered Owner: Address: PARTICULARS OF OWNER AND OPERATOR Operator (if different from Owner): L..-______---II Address: Specified Fishstock(s): ' - -_______- - - - -1 Area of operation: PARTICULARS OF OPERATION Fishing Method: (give details) (Provide as attachment to this application documentary evidence regarding the above information which may assist the Authority in determining whether to grant a licence, such as boat survey certificates, gear speCifications, participation in resource conservation projects, etc.)
Application Fee: $ .............................. , I declare that the above information is true, complete and correct.

I understand I am required to report immediately to the Chief Executive Officer, Nauru Fisheries & Marine Resources Authority any changes to the information given on this form and I further understand that failure to do so may render me liable to prosecution.
Applicant's Signature (Operator or applicant on his behalf) Date Name: Address: ~-----------------------~----~ Tel: L -_________________~_______~ Telex: ~____________~ Fax: I This application is to be forwarded to the Chief Executive Officer, Nauru Fisheries & Marine Resources Authority, at the address shown be/ow Chief Executive Officer Nauru Fisheries & Marine Resources Authority Aiwo District Republic of Nauru Telephone: (674) 444 3733 (674) 444 3739 (674) 4443812 Fax: • ~- - - - - - - I FORM 9 REPUBLIC OF NAURU The Fisheries Act 1997 GAME FISHING LICENCE (Fisheries Regulations 1998 - Regulation 29) Licence Number Date of issue This boat is licensed as shown to be used for game or sport fishing for reward or hire in the fisheries waters of the Republic of Nauru in ac<;:ordance with the Fisheries Act 1997 and the terms and conditions set out below.
Name: L - -_____~--------'I Type: PARTICULARS OF BOAT Length (LOA): ' - -____----,-....JI Gross tonnage (or engine power of Small Boat): Port or Place of Registry L -_____-----li International Radio Call Sign (if any): Country or Small Boat Registration No: I.

'1' Regi.onal Register No.

(if 1 L .____ __ _ ....J. applicable) L ._____ __ _- - - - - ' PARTICULARS OF OWNER AND OPERATOR Registered Owner: L-,-.,..,......,-_-----.,_ _ _--ll Address: L I_____- - - - , - .

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, - - -_ - - - - - , .___ Operator (if different I from Owner): I Address' I L.___ __ __....J • CL_______________ Specified Fishstock(s): L -_______---li Area o(operation: PARTICULARS OF OPERATION Fishing Method: L I_______________________- - - - ; -__- - - ' From L-,-___________- - - - ' I inclusive.
PERIOD OF VALIDITY Chief Executive Officer NAURU FISHERIES & MARINE RESOURCES AUTHORITY Date .....................see over SELECTED CONDITIONS OF GAME FISHING LICENCE The operator of the boat shall recognise and agree to comply with all laws of the Republic, including and in particular the Fisheries Act 1997 and Regulations made under it.
The boat the subject of the licence shall be seaworthy and shall comply with any safety standards for shipping which are applicable from time to time under the laws of the Republic.
While being used for reward or hire for game or sport fishing, the boat shall only be used for such fishing and during such periods and in such places as are speCified in the licence, The boat shall at all times while in fisheries waters ­ (a) display identification markings in accordance with Schedule 3; and (b) where it is registered under any law, including the law of another'state, related to registration of shipping, fly the flag of the state in which it is registered; and the requirements of the International Regulations for Preventing Collisions at $ea .
• (c) display lights and shapes for the boat and activity in which it is engaged in compliance with FAILURE TO COMPLY WITH THESE AND ALL OTHER TERMS AND CONDITIONS OF THE LICENCE, THE FISHERIES ACT 1997 AND REGULATIONS MADE UNDER IT MAY, IN ADDITION TO ANY JUDICIAL PENALTIES THAT MAY BE INCURRED,RESULT IN THE SUSPENSION OR LOSS OF THIS LICENCE, EITHER TEMPORARILY OR PERMANENTLY.
THIS LICENCE IS NOT TRANSFERABLE f " ,f; FORM 10 REPUBLIC OF NAURU Fisheries Ad 1997 RESEARCH PERMIT (Fisheries Regulations 1998 - Regulation 32) The holder of this Research Permit may engage in research adivities in the 1jsheries waters of the Republic of Nauru in accordance with the Fisheries Ad 1997 and the terms and conditions set out below.

PARTICULARS OF PERMIT HOLDER .'


Name: Address: Name: L -__ _________.....,.,,_--l Type: PARTICULARS OF BOAT Length (LOA): L -_________---I Gross tonnage: Port of Registry International Radio Call Sign: Country Registration No: '--_________, Regional Register No.

Support craft: (number, type, function,) I '-_____~__...... (Make & RegistratIon No.)

ISupport aircraft Name: Address: From REGISTERED OWNER '----------c-:-:-------II Name: .

MASTER ~___-.,­ L..I -_______.J.


I Address: PERIOD OF VALIDITY to L-_-=--:-­ _ __ _ _ _ __ __......I inclusive.

.... , ....... see over Targeted fishstock Area of operation CONDITIONS OF .

RESEARCH Maximum quantity Fishing method Manner of disposal Sampling strategy Olli~~~~OOE .~I____~_~~______________________~ • .

Research Project Report to be submitted to the Nauru Fisheries & Marine Resources Authority by: ....................... .
Chief Executive Offic~r NAURU FISHERIES & MARINE RESOURCES AUTHORITY ..
Date CONDITIONS OF RESEARCH PERMIT (a) The research project shall be conducted in accordance with the provisions of Part XIII, Regulation 3 of the United Nations Convention on the Law of the Sea; allowed on board the boat and shall be allowed to participate fully in the research project both on board • (b) Scientific observers and any other personnel designated by the Chief Executive Officer shall be (c) Copies of all data and information generated by the research project shall be submitted to the Nauru Fisheries and Marine Resources Authority at the end or, upon request, during the course of, the research or survey operations; .
the boat and elsewhere; (d) The results and conclusions of the r~search project shall be submitted to the AuthOrity as soon as .

practicable following the completion of the project and in any case no later than the time specified above for the submissiQn of the exploratory report; .

(e) No results of the research or survey operations shall be published or otherwise made internationally available without the prior consent of the Authority.
THIS RESEARCH PERMIT IS NOT TRANSFERABLE OR RENEWABLE I FORM 11 REPUBLIC OF NAURU e Fisheries Act 1997 REGISTER OF LICENCES rRmi:ilEb.t RstlI1 l...ian:;e ~ Eb.t RstlI'1 ~ l...ian:;e !

'ared Urersee !

'arect Eb:t N:rre d Urersee N:rredEb:t CBre Rstll'lll...ian:;e Rf.I"dlR:mit N:rre d Urersee N:rrect Eb:t N:rre d Urersee !

'aredEb:t !lieclissle O:ie cI Exj::.iry Uan::e~ I " (Fisheries Regulations 1998 - Regulation 37) --- " \~ ~l\o '.
1 f.•.., Targeted fishstock '--__________---'., Area of operation CONDITIONS OF RESE;ARCH Maximum quantity '--__________--', Fishing method Manner of disposal '--_________---...J, Sampling strategy Other Conditions: .~til· Research Project Report to be submitted to the Nauru Fisheries & Marine Resources Authority by: ....................... .
Chief Executive Officer NAURU FISHERIES & MARINE RESOURCES AUTHORITY Date CONDITIONS OF RESEARCH PERMIT 3 of the United Nations Convention on the Law of the Sea; • (a) The research project shall be conducted in accordance with· the provisions of Part XIII, Regulation (b) Scientific observers and any other personnel designated by the Chief Executive Officer shall be allowed on board the boat and shall be allowed to participate fully in the research proj~ct both on board the boat and elsewhere; (c) Copies of all data and information generated.
by the research project shall be submitted to the Nauru Fisheries and Marine Resources Authority at the end or, upon request.

during' the course of.

the research or survey operations; -','.

.r (d) The results and conclusions of the research project shall be submitted to the Authority as soon as .

practicable following the completion of the project and in any case no later than the time specified above for the submission of the exploratory report; .
(e) No results Of the research or survey operations shall be published or otherwise made internationally available without the prior consent of the Authority.

THIS RESEARCH PERMIT IS NOT TRANSFERABLE OR RENEWABLE I Hsheries Regulations 1998 SCHEDULE 2 PERIOD AND FEES OF LICENCES Regulation 3, 13, 14, 32 • Class of Licence, etc Fee Period of Licence or Permit 1.

Small boat registration (a) canoe or boat, non-powered - $25 one year 2.
Transfer of registration certificate Foreign boat 3. licence: fishing (a) access fee according to according to access access agreement agreement (b) fishing fee according to access National boat 4. licence fishing (a) where overall length does not one year exceed 15 m. - $250 length exceeds 5.

Game fish licence 6.

Research Permit $200 Issue 7. licence of duplicate $20 or certificate • one r as but not Fisheries Regulations 1998 ~(egulalion 2l SCHEDULE 3 MARKINGS OF FISHING BOAT~.
j,) , ( A licensed boat, other than a registered small boat, shall have displayed (a) its name or identification and port of registry in Roman letters; and its markings, which shall be its International telecommunications Union Radio Call (b) Sign, or, where the boat does not have such a sign, the characters allocated by the International Telecommunications Union to the flag state of the boat, followed by a hyphen, followed by the licence or registration number assigned by the flag state to the boat.
(2) The markings referred to in sub-regulation (1) shall be displayed­ • (a) on the boat's side or superstructure, port and starboard, as high as possible above (b) athwartships on the deck with the tops of the numbers and letters towards the bow; and the waterline and in no case extending below the waterline, avoiding the flare of the bow and stem, and clear of any flow from scuppers or overboard discharges; and .
(c) where the markings on the deck are obscured by an awning or other temporary cover, on that awning or cover; and (d) so that they are not obscured .by fishing equipment, whether stowed or in use.

(4) The markings referred to,in sub-regulation (1) shall be­ (a) painted directly onto the hUll, superstructure or deck, as the case may be; and (b) white on a black backgrounq or black on a white background; and (c) in block letters and numbers throughout; and (d) maintained in good condition at all times.
(5) The sizes of boat markings referred to in sub-regulation (1) shall be as follows:­ (a) for marks on the hull or superstructure, according to the following table:­ Lengtb\of Vessel Overall (in Metres) Height of Letters and Numbers (in Metres) • 25 and over 20 but less than 25 15 but less than 20 12 but less than 15 5 but less than 12 Less than 5 l.0 0.8 0.6 0.4 0.3 0.1; I Fisheries Regulations 1998 (b) metres or more; for marns on the deck, not less than one metre for all boats of overall length of five (c) the length of the hyphen shall be half the height of the letters and numbers; (d) of the height; the width of the stroke for all letters and numbers, and the hyphen, shall be one-sixth (e) than one-quarter the height; the space between all letters and numbers shall be not less than one-sixth or greater the space between adjacent letters having sloping sides shall be not less than one- (f) tenth or greater than one-eighth the height; (g) one-sixth the height of the letters and numbers.
the background shall extend to provide a border around the marnings of not less than • I Fisheries Regulations 1998 SCHEDULE 4 r~egillation 27 REPORT FORMS.
(1 ) Weekly Reports (a) report type (WEEK) (b) trip begin date (c) qate and time (GMT) (d) intemational call sign (e) licence number (f) vessel name • (g) Regional Register number intended action (h) position (to one minute of arc) (i) catch on board by weight by type (j) as: WEEK { TBD { ddmmyy { TIME { CALL SIGN { L1CNO { VESSEL NAME { R.REGNO { LA 1111 { LO 11111 { SJ www YF xxx BE yyy OTH zzz {INTENDED ACTION (2) Zone Entry and Exit (a) report type (ZENT for entry and ZEXT for exit) c (b) trip begin date (c) date and time (GMT) (d) intemational call sign (e) licence number (f) vessel name • (g) Regional Register number intended action (h) position (to one minute of arc) (i) catch on board by weight by type (j) as: ZENT (or ZEXT) { TBD { ddmmyy { TIME { CALL SIGN { L1CNO { VESSEL NAME { R.REGNO { LA 1111 { LO 11111 I SJ www YF xxx BE yyy OTH zzz { INTENDED ACTION (3) Closed Area Entry and Exit (a) report type (CAENT for entry and CAEXT for exit) (b) trip begin date (c) date and time (GMT) (d) international call sign (e) licence number (f) vessel name (g) Regional Register number (h) position (to one minute of arc) I Fisheries· Regulations 1998 0) catch on board by weight by type CD intended action as: CAENT (or CAEXT) I TBD I ddmmyy I TIME I CALL SIGN I L1CNO I VESSEL NAME / RREGNO I LA 1111 I LO 11111 / SJ www YF xxx BE yyy OTH zzz / INTENDED ACTION (4) Notice of Intended Transhipment at Sea -, (a) report type (SEA TRANS) (b) trip begin date (c) date and time (GMT) (d) international call sign (e) licence number (f) vessel name (g) Regional Register number (h) position (to one minute of arc) (i) catch on board by weight by type (j) estimated point oHranshipment (k) estimated time of arrival at rendezvous for transhipment (GMT) (I) name of boats involved in transhipment as: SEATRANS / TBD / ddmmyy / TIME I CALL SIGN I L1CNO I VESSEL NAME I RREGNO I LA 11111 LO 11111/ SJ www YF xxx BE yyy OTH?ZZ / LA LO / ETA / NAMES (5) Notice of Port Entry or TranshipmentlOffloading or Refuelling/Provisioning • (a) report type
 (PENT) (b) trip begin date (c) date and time (GMT) (d) international call sign (e) licence number (f) vessel name (g) Regional Register number (h) position (to one minute of arc) (i) catch on board by weight by type 0) estimated time of entry into port or arrival at rendezvous for transhipment (other than transhipment by foreign boat) (GMT) (k) pol't name or boat to which transhipping (for transhipment other than transhipment by forei~n boat) (I) intended action as: PENT I TBD / ddmmyy / TIME / CALL SIGN / L1CNO / VESSEL NAME / RREGNO I LA 1111 I LO 11111 / SJ www YF xxx BE yyy OTH zzz I ETA/ PORT NAME / INTENDED ACTION Fisheries Regulations 19~8 -------- _______ w __·_ .
.__ ~_~~ ________ ~~ (6) Transhipment Report (a) report type (TRANS) (b) trip begin date (c) date and time (GMT) (d) international call sign (e) licence number (f) vessel name (g) Regional Register number (h) position (to one minute of arc) 0) catch transferred by weight by type 0) name of carrier/shore establishment (k) destination of catch as: TRANS / TBD / ddmmyy I TIME I CALL SIGN / LlCNO / VESSEL NAME / RREGNO / LA 1111 / LO 11111 / SJ www YF xxx BE yyy OTH zzz I CARRIER NAME / DESTINATION OF CATCH (7) Trip Completion Report (a) report type (COMP) (b) trip begin date (c) date and time (GMD (d) international call sign (e) licence number (f) vessel name (g) Regional Register number (h) trip completion date (i) place of discharge of catch 0) catch discharged by weight by type as: COMP I TBD / ddmmyy / TIME I CALL SIGN I L1CNO I VESSEL NAME I RREGNO I TCD I PORT NAME I SJ www YF xxx BE yyy OTH zzz • I :A1 .'
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;J,.., - ~ REPUBLIC OF NAURU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY 20th January 1999 Nauru No.4.

G.N.No.18/1999 FISHERIES ACT 1997 (No.

18 of 1997) ARRANGEMENT OF SEC nONS PART I PRELIMINARY I.

2. l. Short title and commencement Interpretation Application PART II F~HEmESMANAGEMENT -l. 5.

6.

7.

8.

9.

10.

12.

• II.


Management principles Foreign fishing and fisheries principles Agreements and arrangements Provision of information Access agreements Limits of catch and licences Fishery strategies Fishing prohibitions Licensing of fishing and fisheries activities PART III MONITOmNG AND ENFORCEMENT n. 14.

15.

16.

17.

18.

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20.

21.
20.

21.

Observers Authorised officers Identification of authorised officers and observers Offences as cognisable offences Powers of authorised officers and observers Seizure of boat, vehicles and aircraft lmmobilisation of boat, vehicle or aircraft Disposal of seized fish and other things Security for release of a seized boat PART IV OFFENCES 22. n. 2-l 25 Breach of fishing prohibitions Fishing without or in breach of a licence Foreign boats in fisheries waters Driftnet fishing I Fisheries Act 1997 2 26.
Import of illegally taken fish 27.

Obstruction of authorised officers or observers PART V DEALING WITH OFFENCES 28.

Liability of master and others 29.

Offences triable in the District Court 30.

Jurisdiction of the court 31.

Evidence by certificate 32.

Presumptions 33.

Forfeiture of boat and other property 34.

Compensation for loss or damage • 35.

Costs in fisheries prosecutions 36.

Cancellation of licence 37.

Boats and other things detained or seized PART VI , MISCELLANEOUS 38.
Application of bond, security and proceeds of sale 39.

Fees, forfeited property and proceeds of sale 40.

Liability for loss, damage or deterioration of items in custody 41.

Immunity of persons acting in pursuance of powers 42.

Regulations PART VII REPEAL, SAVINGS AND TRANSITIONAL 43.

Repeal of the Marine Resources Act 1978 44.

Saving of existing licences and agreements 45.

Application of other.

acts and instruments Fisheries Act 1997 3 (N o.
18 of 1997) • To make provision for the management, development, protection and conservation of the fisheries and living marine resources of Nauru, and in particular­ AN ACT (a) to exercise the sovereign rights of the Republic to explore, exploit, conserve and manage those resources within the fisheries waters of Nauru in accordance with the relevant rules of international law; and (b) to utilise, manage, develop, protect and conserve those resources in such a way as to conserve and replenish them as a sustainable asset for future generations, and to achieve economic growth, improved social standards, improved nutritional standards, human resource development, increased employment and a sound ecological balance; and (c) to pursue effective strategies for managing the fisheries and marine resources of Nauru, including the registration of fishing boats and the licensing of fishing and fishing activities; and (d) to repeal the Marine Resources Act 1978; and for related purposes.
(Certified: 13/6/97) Be it enacted by the Parliament of Nauru as follows: SHORT TITLE AND COMMENCEMENT PART I - PRELIMINARY 1. to be notified by the Minister in the Gazette.

This Act may be cited as the Fisheries Act 1997 and shall come into force on a date INTERPRET ATION 2.

In this Act, unless the context otherwise requires ­ "access agreement" means an agreement entered info by the Republic, whether bilaterally or multilaterally.
with another state or the fishing association or other similar body of another state.

permitting' access to fisheries waters or a part of fisheries waters by fishing boats of that state for the purpose of fishing; "aircraft" means a craft capable of.

self-sustained movement through the atmosphere; Fisheries Act 1997 4 "approved automatic location location communicator.
of a type for the time being approved by the South Pacific Forum Fisheries Agency member countries for use with the Regional Vessel Monitoring System; communicator" means an automatic .'
"aquaculture" means the cultivation,propagation or farming of fish, whether from eggs, lawfully taken from the wild or lawfully spawn, spat or seed, or by rearing fish imported, or any other similar process; "authorised officer" means ­ (a) a police officer; or (b) a person authorised under section 14; or (c) a surveillance officer; or (d) any other person who is authorised by the Minister in accordance with section 14(2) to exercise such powers or perform such duties for such times under this Act as are specified; "Authority· means the Nauru Fisheries and Marine Resources Authority established by the Nauru Fisheries and Marine Resources Authority Act 1997; "automatic I!
}cation communicator" means a machine or a system of machines which when installed on a boat is wholly or partially capable in itself of determining the boat's position, course, speed or any of these and similar matters, and of transmitting this information by means of a vessel monitoring system to persons not on or in sight of the boat; "based in Nauru", in relation to a boat, means exclusive or predominant use by the boat of land-based facilities in Nauru, and the use may include ­ (a) location of the boat's home port in Nauru; (b) offloading all or most of its catch in Nauru; (c) tranships all or most of the fish taken in fisheries waters in the port of Nauru; (d) obtaining or storing all or most of its supplies in Nauru; "Board" means the Board of Directors of the Authority; "boat" means a canoe.
dinghy, launch, vessel, ship, hovercraft, or other floating or submarine craft; "Chief Executive Officer" means the Chief Executive Officer of the Authority; "crew member" means a person who is engaged or employed in any capacity on board a boat and in the business of the boat, other than 'i­ (a) the master; or (b) a pilot; or (c) a person temporarily employed on board the boat while it is at a port; "document", in relation to a boat, includes any ship's charts, logbooks.
certific(ite of registry or registration.

licence.

permit, official paper, article of agreement and other dO'cuments or records.

including electronically stored records, which are used in the operation of the boat or for the purpose of fishing by the boat.

or which relate to the boat and to the crew or to any person on board the bQat; "driftnet" means a gilJnet or other net or a combination of nets which is more than one kilometre in length.
the purpose of which is to enmesh, entrap or entangle fish by drifting on the surface of or in the water.
and which is not used or intended to be u$ed while attached to a point of land or to the seabed, irrespective of whether the net is used or intended to be used while attached to a boat; - - - - - - - - - - - - - - - - - - Fisheries Act 1997 5 "driftnet fishing" means any fishing involving the use of a driftnet; "fish" means any aquatic plant or animal, alive or dead, whetherpiscine or not, the eggs and all juvenile stages and any of the parts of the plant or animal, and any fish product; "fish aggregating device" means a man-made or partially man-made floating or semi­ submerged device, whether anchored or not, intended to aggregate fish, and includes any natural floating object on which a device has been placed to facilitate its location; "fisheries activity" means ­ (a) on-shore storing, buying, selling or processing fish from the time they are first landed; or refuelling or supplying fishing boats whether on land or at sea, selling or (b) supplying fishing equipment or performing other activities in support of fishing; or (c) aquaculture; or (d) exporting fish from l'Jauru; or (e) engaging in the business of providing agency, consultancy or other similar services for and in relation to fishing ,or a fisheries activity; "fisheries waters" means the internal waters, the territorial sea, the exclusive economic zone and any other waters over which the Republic claims jurisdiction; "fishery" means one or more stocks of fish or any fishing operations based on those stocks which can be treated as a unit for the purposes of conservation,-development and management, taking into account geographical, scientific, technical, economic, recreational and other relevant characteristics; ':Fishery strategy" means a strategy for the management and development of a fishery drawn up under Section 10; "fishing" means ­ (a) searching for, catching, taking or harvesting fish; or (b) attempting to search for, catch, take or hawest fish; or (c) engaging in any other activity which can reasonably be expected to result in the locating,
 catching, taking or harvesting of fish; or (d) placing, searching for or recovering any fish aggregating device or associated equipment including radio beacons; or (e) any operation at sea directly in support of or in preparation for any activity described in this definition; or the use of any other vehicle, i:Jir or sea borne, in relation to any activity (f) described in this definition except for emergencies involving the health and safety of the crew or the safety of a boat; or {g) storing, transhipping, processing or transporting fish taken fr9m fisheries waters up to the time they are first landed; "fishing boat" means a boat which is used for, equipped to be used for or of a type that is normally used for fishing; "fishing equipment" means any equipment, implement or other thing that can be used in the act of fishing, including any net, rope, line, float, trap, hOOk, winch, aircraft or support craft carried on board a boat; "fishing trip" means a period which ­ Fisheries Act 1997 6 (a) starts with the depi;lrture of a boat from port to transit to a fishing area or to transit to another port to complete offloading; and (b) ends when the boat enters port to offload part or all of its catch, either ashore or to another boat; "foreign boat" means q fishing boat other than a small boat or a national boat; "good standing" means the original status granted to boats applying for inclusion on the Regional Register of Foreign Fishing Vessels maintained by the South Pacific Forum Fisheries Agency; .
"import" means to bring into Nauru or any part of fisheries waters; "joint venture" means an enterprise of.

which ­ (a) at least 51 % of the shares are held by one or more citizens of Nauru, or the Republic, or a statutory corporation of the Republic; and the management and control exercisable in law or by agreement between the (b) shareholders, or by agreement between the enterprise and a third party, or in .
practice, adequately reflect .the majority Nauruan shareholding; and the arrangements (c) for distribution of profits, dividends and other payments adequately reflect the majority Nauruan shareholding; towards costs and expenses and for ,contribution "licence" includes a permit, authority or other form of authorisation issued under this Act; "licensed boat" means a fishing boat licensed under this Act, or deemed to be licensed by section 12(2); "licensee" means a person to whom a licence is issued, whether in respect of the person or a boat, premises or place; "machine" includes an electric or electronic device and a satellite; "master", in relation to a boat, the fishing operations of a boat, an aircraft or other vehicle, means the person having lawfuLcommand or charge, or for the time being in charge, of the boat, fishing operations, aircraft or vehicle, but does not include a pilot; "national boat" means a fishing boat, other than a small boat, which -..,­ is wholly owned by one or more Nauruan citizens, the Republic, a statutory (a) corporation of the Republic Of a Nauruan corporation; or (b) is operating under a joint venture; or (c) is based in Nauru; "Nauruan corporation" has the meaning given to it by the Corporation Act 1972; "net" means a fabric of rope, cord, twine or other material knotted or woven into meshes and designed to take fish; "observer" means any Person authorised in writing by the Minister under section 13 to perform scientific, compliance, monitoring and other similar observation duties on board a fishing boat in accordance with this Act; "officer" ryleans a person appointed as an officer in the service of the Authority; "operator" means the owner, charterer, master and any other person who is in charge of, resp0rlsible for the operations of, directs or controls a boat, but does not include a pilot; "owner" means a person exercising or discharging or claiming the right or accepting the obligation to exercise or discharge any of the powers or duties of an owner whether on his own behalf or
 on behalf of another, and, in relation to a corporation which is Fisheries Act 1997 7 an owner, means a person who is the owner jointly with one or more other persons and the manager, director and secretary, or other similar officer or any person purporting to act in such a capacity, of the corporation; "process", in relation to fish, means the producing of any substance or article from fish by any method and includes the work of cutting up, dismembering, separating parts of, cleaning, sorting, packing, loining, freezing, canning, salting and preserving of fish; "Regional Licensing Arrangement" means ­ the Treaty on Fisheries between the Governments of certain Pacific Island (a) States and the United States of America signed in Port Moresby on 2nd April 1987, and any renewal or extension of the Treaty; or the Federated States ofMicronesia Arrangement for Regional Fisheries Access (b) done at Honiara on 30 th November 1994; or (c) any similar treaty or arrangement to which the Republic is a party, which makes provision for an international, regional or sub-regional system of fishing boat licences; "Regional Vessel Monitoring System" means the vessel monitoring system accepted for use in the region by the South Pacific Forum Fisheries Agency member countries, or any other substituted vessel monitoring system accepted for use by the Republic; "small boat" means a boat which ­ (a) does not exceed 10 metres in length; and (b) is used or intended to be used solely in coastal or internal waters, .
but does not include a support craft; "support craft" means a dinghy, tender or other craft not exceeding 10 metres in length which is used in conjunction with a fishing boat in support of fishing by the boat; "surveillance officer" means an officer of a bQat or aircraft which is being used for the enforcement of this Act, whether or not the boat or aircraft is registered in Nauru and whether or not the officer is a Nauruan citizen: "take", in relation to fish,means take, catch, capture or harvest fish; "total allowable catch", in relation to an area of waters, means the amount of fish that will produce from those waters the maximum sustainable yield, as qualified by any relevant economic or environmental factors, fishing patterns, the interdependence of stocks of fish and any generally accepted or recommended international, regional or ·and accepted conservation and sub-regional standards, management approaches; reference points tranship" means to transfer any or all of the fish on board a boat to another boat, either directly or by offloading the fish to the .
!

:ihore and immediately onto another boat; "vessel monitoring system" means a system of machines which is capable wholly or partially in itself of processing, transmitting and disseminating information obtained by use of an automatic location communicator.

APPLICATION (1) 3.

In and in relation to fisheries waters, this Act applies, unless the context otherwise requires, to all persons, whether or not they are Nauruan citizens, and to all boats, including foreign boats.
(2) In and in relation to any waters other than fisheries waters, this Act applies, unless the context otherwise requires ­ I Fistleries Act 1997 8 (a) to all fishing boats registered in Nauru and all national boats, and to all persons on them, or dealing with or having any relevant relationship to them or persons on them; and following hot pursuit conducted (b) law and commenced within fisheries waters, or as required or permitted by international law or any convention, treaty or agreement to which Nauru is a party, to all persons and all boats.
in accordance with international (3) This Act has extraterritorial application according to its tenor.

PART II - FISHERIES MANAGEMENT MANAGEMENT PRINCIPLES (1) Subject to this Act and to any policy directions of the Minister, the utilisation, 4. management, development, conservation and protection of all fish in fisheries waters is' the.

responsibility of the Authority.
(2) The Minister, the Authority, and any other person exercising powers and performing functions under this Act shall have regard to ­ the principle that Nauru's fisheries and marine resources shall be managed, (a) developed, conserved and protected as a sustainable asset for future generations; and the sustainable utilisation of the fisheries and marine resources of Nauru to achieve (b) economic growth, improved social standards, improved nutritional standards, human resource development, increased employment and a sound ecological balance; and the need to follow and adopt internationally recognised and accepted conservation (c) and management measures to fisheries and marine resources, in accordance with the applicable rules and principles of international law; and (d) the need to apply the precautionary approach to the management and conservation of fisheries resources taking account of the best scientific information available, but not so that the absence of adequate scientific information may be used as a reason for postponing or failing to take conservation and management measures; and (e) any principles of maximum sustainable yields, allowable fishing, precautionary reference points or total allowable catch which may be supported or adopted by the Republic from time to time; and levels of the dependence of the people of Nauru on the'fish and marine resources of fisheries (f) waters for their food and livelihood; and the need to avoid arlverse impacts on the marine environment, to preserve (g) biodiversity, to maintain the integrity of marine ecosystems and to minimise the risk of long-term or irreversible effects of fishing operations; and (h) any relevant international obligations or bilateral or multilateral agreements of the RepLlblic, or applicable rules of international law, relating to the exercise of jurisdiction of the Republic in fisheries waters: and (i) an"y fisheries and marine resources policy of the Republic: and U) any Fishery Strategy drawn up in accordance with thjs Act.
FOREIGN FISHING AND FISHERIES PRINCIPLES 5.
In exercising powers under and in relation to this Act in respect of fishing in fisheries waters, or fisheries activities, by a foreign person or a foreign boat, the Minister, the Authority or the Chief Executive Officer, as the case may be, shall have regard to • Fisheries Act 1997 9 (a) whether the state to which that person or boat belongs has cooperated with the Republic in, and made substantial contributions to, the development of Nauru's fishing industry, fishery research and the identification and management of fishing resources; and (b) any rights of a reciprocal nature granted to Nauruan citizens or boats by that state; and (c) whether that state, its fishing as~)Ociations arid its fishing boat$have cooperated with the Republic in the undertaking of flag state responsibility and the conservation and management of fishing resources, including the provision of information ·for those purposes; and the enforcement of fishing laws, • (d) whether, and to what extent, the fishing boats of that state have traditionally engaged in such fishing; and (e) the good standing or otherwise of any foreign.
boat involved; and (f) any relevant international, regional or sub-regional obligations of the Republic, or applicable rules of international law, relating to the exercise of jurisdiction of the ' Republic over any part of fisheries waters.
• AGREEMENTS AND ARRANGEMENTS 6. which provide for ­ The Republic may enter into conventions, treaties, agreements or arrangements the terms and conditions of access to fisheries waters by foreign fishing boats and (a) licensing procedures in respect of foreign boats; and (bY the administration of ~ny multilateral arrangement or agreement, including the designation of a state, a competent regional: fisheries agency or an official of that state or: agency as Administrator of the arrangement or agreement, and the powers and duties of the Administrator, including the issue of fishing' licences under the arrangement or agreement; and the taking of joint, reciprocal or harmonised surveillance and enforcement measures (c) in respect of foreign boats; and (d) the sharing or apportionment of any penalties imposed by a court, whether within Nauru or els~where, as a result of the enforcement measures referred to in paragraph (c); and (e) any similar matters associated with fishing carried out in or near fisheries waters by foreign boats.
PROVISION OF INFORMATION (1) 7.

The Chief Executive Officer shall make such arrangements and take such measures as may be appropriate to enable him to provide information to and exchange information with other states and organisations concerning fisheries management strategies.
(2)" The information that may be provided to and exchanged with international, regional o(sub-regional organisations may include information about -'" (a) catch and effort statistics in respect of fishing operations in fisheries waters; and (b) relev~nt biological and statistical data; and (c) relevant laws of Nauru; and (d) actions with respect to decisions taken and mutually agreed upon between the Republic and the organisation.
Fisheries Act 1997 10 (3) The information that may be provided to and exchanged with states with which the Republic has reached agreement concerning cooperation in fisheries surveillance, monitoring and enforcement may include information about ­ (a) the location and movement of foreign fishing boats; and (b) foreign boat licensing; and (c) fisheries surveillance and law enforcement activities; and (d) evidentiary material; and (e) such other information as appears to him to be necessary or desirable to assist those states to enforce their fisheries laws and to deter breache,s of those laws.
(4) that undermine any Where he has reason to believe that a foreign fishing boat has engaged in activities regionally or sub-regionally accepted conservation and management measures with regard to fisheries and marine resources, or that breach the fisheries management laws of another state, the Chief Executive Officer shall-'­ internationally, • (a) provide to the appropriate authorities of the flag state of the boat such Information, including evidentiary material, relating to those activities, as may be necessary to assist the flag state in identifying the boat; and (b) when the boat is voluntarily in the port of Nauru, promptly notify the appropriate authorities of the flag state of the boat accordingly; and (c) take such me?\sures as appear to him to be necessary or desirable in order to secure compliance by the boat with those fisheries conservation and management measures or laws or in order to enable another state to enforce its fisheries laws in respect of the boat.
ACCESS AGREEMENTS (1) 8, The Republic may enter into an access agreement with another state or with the fishing a.ssociation or a similar boqy of, another state, to provide for the licensing of foreign boats under this Act.

(2) The state or the fishing association or other similar body of the state entering into an access agreement shall undertake in the terms of the agreement to ­ (a) recognise the Republic's sovereignty and exclusive fisheries management authority over its fisheries waters and.
the resources of tho~e waters; and (b) recognise and agree to comply with the laws of the Republic, including and in particular this Act; and ' (c) take all measures to ensure compliance by the boats of that state with the terms and conditions of the access agreement and the laws of the Republic, in particular the laws relating to fishing.

and fisheries waters, either by acknowledging the Republic's right to enforce its laws, or by assuming responsibility for the enforcement of those laws.

(3).
(3).

The undertakings in subsection (2) are in addition to and not in derogation of any other undertakings that may be made in the agreement.
(4) An access agreement shall also include provisions as to the obligations of any operator .of a boat covered by the agreement to implement, or to recognise the implementation of, minimum terms and conditions and other agreed conditions of fishing access as may be agreed from time to time between the Republic and one or more other states, or between states in accordance with any applicable rules of international law.
Fisheries Act 1997 11 (5) An access agreement may include a requirement that all or any of the boats location fitted with an approved automatic licensed under the agreement shall be communicator.

(6) Every acc~ss agreement negotiated by or on behalf of the Republic shall secure substantial agreement with the requirements of this section.

(7) A provision of an access agreement that is inconsistent with this or any other Act is, to the extent of that 'inconsistency, void.
LIMITS OF CATCH AND LICENCES (1) 9.

The Minister·may, on the advice of the Authority, and subject to any regional or sub-regional criteria with respect to total allowable catch as agreed to by the Republic, from time to time determine the total allowable catch in respect of fisheries waters or a specified part of fisheries waters.

(2) time determine the maximum numbers of licences that may be issued in respect of a fishery or a fisheries activity.
The Minister may, on the advice of the Authority, from time to (3) A determination under subsection (1) or (2) may be made .irrespective of whether any Fisheries Strategy has been drawn up under section 10.

FISHERY STRATEGIES 10.

Fishery Strategy in respect of any fishery.
(1) The Authority may, and where the Minister requires it to, shall draw up a • (2) A Fishery Strategy shall identify the fishery and its characteristics, including its current state of exploitation; (a) and (b) specify the objectives to be achieved in the management of the fishery; and identify any possible adverse environmental effects of fishing operation~ in the (c) fishery, together with proposals for the management oLthose effects; and (d) specify the management and development strategies to be adopted for the fishery; and (e) ascertain precautionary reference pOints in accordance with internationally accepted principles, which can be used to trigger precagreed conservation and management action in relation to the fishery; and for the fishery, (f) specify the limitations, if any, to be applied to the issue of licences in respect of the fish~ry: and (g) specify, in international units <;lppropriate to the type of fishing, and in accordance with any relevant international, regional or sub-regional agreement, the amount of fishing.
if any, to be allocated to foreign fishing boats; and (h) specify the statistical and other data required to be given or reported for effective management and development of the fishery.
(3) The Authority shall, during the preparation of a Fishery Strategy, consult as appropriate with ­ (a) other government departments, branches and agencies, and any non-governmental bodies or organisations affected by the Strategy; {:ind Fisheries Act 1997 12 (b) where appropriate and practicable, the fisheries management authorities of other states in the region, with a view to ensuring the harmonisation of their respective fisheries management and development plans and strategies.
(4) A Fishery Strategy drawn up under this section shall take account of any applicable declaration of total allowable catch made under section 9.

(5) The Authority shall keep a Fishery Strategy under review and shall revise it as necessary.
FISHING PROHIBITIONS 11. activity by anyone or more of the following:­ (1) The Minister may, by notice in the Gazette, prohibit fishing or a fisheries (a) by species, sub-species, class or type of fish; (b) by size, weight or dimensions of fish or of parts of fish; (c) by age or growth stage of fish; (d) by limits set on catches, fishing efforts, the number of persons who may engage in the fishing or fisheries activity or any other related matters; (e) in a specified area of water or at a specified place; (f) by class or type of boat; (g) by fishing method; (h) by the use, carrying on board a boat or possession of a class, type, size or quantity of fishing equipment, navigational or safety equipment or equipment used in connection with a fisheries activity; (i) by the failure to use, carry on board a boat or possess a class, type, size or quantity of fishing equipment, navigational or safety equipment or equipment used in connection with a fisheries activity; U) by class, type, category or manner of conduct of a fisheries activity; (k) by time, date or season', or by period, or indefinitely; (I) by class or category of persons.
(2) A notice under this section may provide for exemptions from the prohibition in the notice.

(3) An exemption under subsection (2) shall" not exceed three months.

LICENSING OF FISHING AND FISHERIES ACTIVITIES (1) 12.
The Chief Executive Officer may, in accordance with this Act, register boats and grant certificates of registration, permits, licences and other authorisations to engage in or to use' a boat for fishing or a fisheries activity in accordance with this Act, and may renew those registrations, certificates, permits, licences and authorisations from time to time.

(2).

Where the terms of a Regional Licensing Arrangement permit a foreign boat licensed in accordance with its terms to fish in fisheries waters.
or a part of fisheries waters, the boat shall" be deemed to be licensed under this Act according to the terms of the Arrangement and the licence.

• Fisheries Act 1997 13 PA.RT III -MONITORING AND ENFORCE;MENT OBSERVERS 13.

(1 ) The Mini;:;ter may, by notice in the Gazette, appoint a person as an observer.

(2) An observer shall be allowed and assisted to board and remain on board a licensed boat at any time, for scientific, compliance, monitoring and other similar observation functions.
(3) While on board a boat in accordance with subsection (2), an observer (a) shall be provided at no charge with reasonable food, accommodation and medical care equivalent to that provided for officers of tne boat; and (b) shall be provided with a suitable work area including a table and sufficient lighting to carry out his work; and (c) shall have full access to the bridge,.fishing equipment and fish on board and areas which may be used to.hold, process, weigh and store fish; and (d) shall have full access to the boat's documents for the purposes of inspection and copying; and (e) shall have reasonable access to navigation equipment and charts and shall be provided upon request with the accurate position of the boat in latitude and longitude; and (f) shall have messages on his behalf promptly sent and received by means of the communications equipment aboard the boat; and.
(g) may take and remove from the boat samples and relevant information; and (h) may take photographs of the fishing operations and any associated operations, including fish, .fishing equipment and charts and records, and may remove from the boat any photographs or film that he may have taken or used on board the boat; and (i) shall be allowed and assisted to carry out all duties safely; and shall be embarked and disembarked at times and places as agreed between the G) observer and the master.
(4) Where the boat on which the observer is placed i~ a foreign boat, the observer shall be provided with ­ (a) full travel costs to and from the points of embarkation anddisernbarkation; and (b) salary; and (c) full insurance cover in respect of loss of life, medical expenses or personal injury.

AUTHORISED OFFICERS 14.

Authority i?s an authorised officer.


(1) The Minister may, by notice in the Gazette, appoint an officer of the (2) The Minister may, by notice in the Gazette, appoint a person to exercise such powers or perform such duties of an authorised officer under thiS Act as are specified in the notice.

Fishenes Act 19~7 14 IDENTIFICATION OF AUTHORISED OFFICE:RS AND OBSERVERS An <observer or an authorised officer, when exercising any of the powers conferred by 15. this Act.
shall on request produce identification to show that he is an observer or an authorised officer.

asthe case may be.

under this Act.

OFFENCES AS COGNISABLE OFFENCES 16. this Act is a cognisable offence.
For the purposes of section 10 of the Criminal Procedure Act 1972, an offence under POWERS OF AUTHORISED OFFICERS 17. warrant ­ (1) For the purposes of enforcing this Act, an authorised officer may, without a (a) stop any foreign fishing boat or small boat in fisheries waters and any national boat in or beyond fis,heries waters; and require the master of ,the boat to stop fishing' and take Hle fishing equipment of the (b) boat back on board; and require the rnaster to facilitate the boarding of the boat by all appropriate means; (c) and (d) board the boat and take with him such other persons as he may require to assist him in the exercise of his powers; and (e) muster the crew of the boat; and (f) require to be produced, examine and take copies of any document on board the boat which is required under this Act or relates to the boat, to fishing by the boat, to the crew or to any person on board the boat: and require the master to appear and give an explanation concerning the boat, fishing (g) by the boat, any crew member or any person on board the boat and ar,y document referred to in paragraph (f): and (h) while on board, make any search, examination or enquiry which he considers necessary to fiiJd out whetller any provision of this Act has been contravened; and (i) make an entry dated and signed by him in a boat's log; and take or require the master to take the boat to any place in Nauru or in fisheries (j) waters for the purpose ot carrying out any search, examination or enquiry; and following hot pursuit carried out in accordance with law and (k) commenced wltllin tishel'ies waters.
slop, Doard and search outside fisheries waters any foreign fishing boat wtlich he tlas reasonable grounds to believe has been used in the commission of all otfence against ttlis Act and bring the boat and all persons and things on board the boat within fisheries waters: and international stop, entt:i' alHj seal'en 811)1 vettrcle or Clircraft which he has reasonable grounds to (I) believe is t)eillg used or IS involved in the commission of an offence against this Act: and (m) take.
samples of any fish found in a boat, vehicle or aircraft searched under this section: and (n) give sllch directions to the mastel and a crew member of any boat, or the driver or pilo!

of a vehicle or aircraft slopped.

boarded or searched ctS may be necessary or reasonably expedient for allY purpose under this Act or to provide for the compliance by the boal, the vehiGle, lhe airCf<lft.

the master or cf'ew member or the driver or pilot with the conditIOns ul ct licence.
and Fisheries Act 1997 15 (0) arrest any person whom he has reasonable grounds to believe has committed an offence under this Act.

(2) Where, following the commission of an offence under this Act by a foreign boat, the boat is pursued beyond the limits of fisheries waters in circumstances and to the extent recognised by 'international law, the powers conferred on an authorised officer under this Act are exercisable beyond the limits of national jurisdiction in accordance with international law.
(3) An authorised officer who has reasonable grounds to believe that an offence under this Act has been or is being committ(;1d, may, without a warrant, seize ~ (a) any boat (together with its catch on board, fishing equipment, other equipment, stores and cargo), vehicle or aircraft which he has reasonable grounds to believe has been or is being used in the commission of an offence under this Act or which he knows has been forfeited in accordance with any provision of this Act; and (b) any fish which he has reasonable grounds to believe have been taken in the commission of the offence or which are possessed in contravention of this Act; and (c) any equipment which 'he has reasonable grounds to believe tlas been or is being used in the commission of an offence under this Act; and (d) any explosive, poison or noxious substance which he has reasonable grounds to believe has been or is being used or is possessed or controlled in contravention of this Act; and (e) any documents required to be maintained by this Act or in accordance with the conditions of any licence or which he has reasonable grounds to believe show or tend to shoW, with or without other evidence, the commission of an offence under this Act; and (f) any thing which he has reasonable grounds to believe may be used as evidence in any proceedings under this Act.
(4) An authorised' officer has such other powers as are prescribed for the purposes of enforcing this Act.
(5) In exercising powers under this Act, an authorised officer may use such force as is reasonably necessary SEIZURE OF BOATS, VEHICLES AND AIRCRAFT (1) Where a boat is seized under section 17, the authorised officer may bring 18. the boat, or require the master who was in charge of the boat immediately before it was seized, to bring the boat to a place which he specifies in Nauru orin fisheries waters, and the boat may be detained pending the outcome of any .. proceedings under this Act or its release on bond or other security under section.
(2) Where the master brings the boat to the specified place, he shall be responsible.

for the safety of tr,e crew, boat, tlimself and any other person on board the boat.

(3).

Where the master fails or refuses to take the boat to the specified place, an authorised officer may take charge of the boat for the purpose of bringing it to the specified place.
(4) Where a boat is brought-to a specified place by an authorised officer under subsection (3), no claim whatever ,may be made against any authorised officer, the Authority or the Republic in respect of any death, injury, loss or damage occurring while the boat is being brought to the specified place.
.1 Fislleries Act 1997 16 - - - - - - - - - - - - -----.--.-.--~----~~~----------- -.----~--------- (5) Where a vehicle or aircraft is seized under section 17, the driver or pilot shalt take the vehicle or aircraft to a place in Nauru wt:idl the authorised officer specifies as being the nearest or most convenierlt place for ttle h61ejllq of the vehicle or aircraft, and the vehicle or aircraft may be detained pending tile outcome Of any proceedings under the Act or its release under section 21.
(6) In bringing the vehicte or aircraft to thE; specified place, the driver or pilot shalt be responsible for the safety of the vehicle or aircraft, its passengers, crew and any other person on board the vehicle or aircraft.

(7) Where the driver or pilot fails or refuses to take the vehicle or aircraft to the specified place, an authorised officer may take charge of the vehicle or aircraft for the purpose of bringing it to the specified place.
(8) Where a vehicle or aircraft is brought to a specified place by an authorised officer under subsection (7), no claim whatever may be made against any authorised officer, the Authority or the Republic in respect of any death, injury, loss or damage occurring while the vehicle or aircraft is being brought to the specified place.

IMMOBILISATION OF BOAT, VEHICLE OR AIRCRAFT (1) 19.
Having regard to the safety of the boat, vehicle or aircraft, an authorised officer may take steps to immobilise any boat, vehicle or aircraft seized, taken or detained in custody under the Act.

(2) The steps referred to in subsection (1) include removing any part from the boat, vehicle or aircraft, for the purpose of preventing its taking by any person prior to its release under section 21 or by the Couri.
(3) A part removed under subsection (2) shall be kept safely and returned to the boat, vehicle or aircraft immediately upon its lawful release from custody.

DISPOSAL OF SEIZED FISH AND OTHER THINGS • 20.
17, the Chief Executive Officer may ­ (1) Where any fish or other thing of a perishable nature is seized under section return tile fish or other thing to tile person from whom it was seized on receiving (a) security that, in his opinion, represents its equivalent value; or (b) sell the fish or other thing at reasonable market value; or (c) where he is unable to sell the fistl or other ttling at reasonable market value, or wfiere the fish or other thing is unfit for' Selle, dispose of it in such other manner as he thinks fit.
(2) Where any equipment is seized under section 17, the Chief Executive Officer may return the equipment to the person from wtlOm it was seized on receiving security tAat, in his opinion, represents its market value.
(3) Where Couri pro<::eeLiings relating in subsection (1) or equipment referred to in subsection (2) are instituted, the Chief Executive Officer shalt pay into Court any security or proceeds of sale obtained under subs~ction (1) or (2), as the case may be, pending an order by the COUli in respect of the forfeiture or otherwise of the security or proceeds.
fish or thing referred t(j allY to (4) Wiler-e no proceedings are instituted in relation to any fish or thing referred to in subsection (1) or equipment referred to in subsection (2), the Chief Executive Officer shall release the security or proceeds to the person from wtlOll1 thp.

fish or other ttling was seized.

I Fisheries Act 1997 17 SECURITY FOR RELEASE OF A SEIZED BOA T (1) 21.
Where a boat is detained or seized under this Act and a complaint is made or a charge is laid in respect of the offence for which the .boat has been detained or seized, the operator or the legal representative of the boat may, at any time before the determination of the matter to which the complaint or charge relates, apply to the Court by which the complaint or charge is due to be determined for the relE::ase of the boat on the provision of security in accordance with this section.
(2) Upon receipt of an application under subsection (1), the Court may, and in the case of a foreign boat, shall, unless the boat or any fishing equipment, fish orothN property on board the boat is required as an exhibit in court proceedings or is reasonably required for any further investigation of an offence under this Act, order ­ (a) the payment into Court of security in the total of the value of the boat, the maximum fine or fines provided for the offences charged or likely to be charged, and the costs likely to be recovered by the prosecution if a conviction is entered; and (b) upon receipt of the security referred to in paragraph (a), the release of the boat or property.
(3) Notwithstanding subsection (2), the Court may, where it is satisfied that there are special circumstances to justify it dOing so, order that the security shall be in a specified amount that is less than the amount required by that subsection.

(4) In this section "boat" includes all equipment on board or usea by the boat and also includes all fish that has been seized from the boat under this Act and is held on board the boat while it is detained in custody.
BREACH OF FISHING PROHIBITIONS PART IV - OFFENCES (1) A person wt'lO, whether on his own account, or as partner, agent or employee 22. of another person, or as operator or crew member of a boat, engages in fishing or a fisheries activity in contravention of a notice under section 11 is guilty of an offence and is liable to a penalty ­ (a) in a case involving the use of a foreign boat, not exceeding $500,000: or (b) in a case involving the use of a national boat, ~ot exceeding $100,000: or in the case of a crew member of a foreign or a national boat, not exceeding (c) $25,000; or .
(d) in any other case, not exceeding $10,000.
(2) A person who, in any area of waters or at any place, has any fish in his possession or under his control in a boat at a time when the taking of the fish in that area or at that place is prohibited by a notice under section 11, is guilty of an offence and is liable to a penalty (a) in a case involving the use of a foreign boat, not exceeding $500,000; or (b) in a case involving the use of a national boat, not exe;eeding $100,000; or in the case of a crew member of a foreign or a national boat, not exceeding (c) $25,000; or (d) in any other case, not exceeding $10,000.
Fishertes Act 1997 18 (3) It is a defence to a prosecution for an offence under subsection (2) if the person charged satisfies the court ­ (a) that the fish was not taken in the area of waters referred to in that subsection; or (b) that the taking of the fish was not in contravention of this Act.
(4) A person who lands, sells, receives or has in his possession any fish which he knows or has reasonable cause to believe were taken in contravention of a notice under section 11 is guilty of an offence and is liable ­ (a) where the person proves that the landing, receipt or possession was not for the purpose of sale, trade or profit, to a fine not exceeding $1,000 or imprisonment for a term not exceeding one year, or both; or in any other case, to a fine not exceeding $5,000 or imprisonment for a term not (b) exceeding two years, or both.
(5) A person who carries, has in his possession or control or has on board any.

boat, in circumstances which indicate an intention to use for fishing in fisheries waters, any fishing equipment which is prohibited from use for fishing by a notice unqer section 11 is guilty of an offence and is liable to a penalty not exceeding $5,000.

(6) It is a defence to a prosecution for an offence under subsection (5) if the person charged satisfies the Court that the equipment was not intended for use for fishing.
(7) For the purposes of the pros~cution of a person for an offence against this section, where a person is charged ·for an act or omission done by a partner, agent or employee, the act or omission shall be deemed to have also been done by the person charged for the offence.

(8) Section 24 (Mistake of Fact) of the Criminal Code is not a defence to a prosecution for an offence under this section.

FISHING WITHOUT OR IN BREACH OF A LICENCE 23.


(1 ) A person who ­ (a) on his own account, or as the partner, agent or employee of another person; or (b) as operator or crew member of a boat, engages in or uses a boat for fishing or a fisheries qctiVity.

of a kind of type, or at a time, or in a place or manner, for which a licence is required under this Act, except under, and in accordance with the conditions Of.
a licence' granted under this Act, is guilty of an offence and is liable ­ (a) in a case involving the use of a foreign boat, not exceeding $500,000; or (b) in a case involving the use of a national boat, not exceeding $100,000; or ih the case of a crew member of a foreign or a national boat, not exceeding (c) $25,OQO; or (d) in any other case, not exceeding $10,000.
(2) For the purposes of the prosecution of a person for an offence against this section, where a person is charged for an act or omission done by a partner, agent or employee, the act or omission shall be deemed to have also been done by the person charged for the offence.

(3) Section 24 (Mistake of Fact) of the Criminal Code is not a defence to a prosecution for an offence under this section.

• • Fisheries Act 1997 19 FOREIGN BOATS IN FISHERIES WATERS (1) 24.
A person who, whether on his own account, or as operator or crew member, causes or permits a foreign boat to enter, be in or be used for fishing or related activities in fisheries waters ­ (a) except for a purpose recognised by international law; or (b) unless it is authorised to do so by a licence granted under this Act, is guilty of an offence and is liable to a penalty ­ (a) in the case of a corporation, not exceeding $500,000; or (b) in the case of a crew member, not exceeding $25,000; or (c) in the case of any other natural person, not exceeding $250,000 .
(2) All fishing equipment on board a foreign boat in any place in fisheries waters where it is not licensed to fish under this Act shall be stowed and secured­ (a) so that it is not readily available or accessible for use for fishing; or (b) in the prescribed manner.
(3) A person who ­ (a) on his own account, or as the partner, agent or employee of another person, causes or permits; or (b) as operator or crew member of a boat, causes or permits; or (c) causes or permits a person acting on his behalf to cause or permit, a contravention of subsection (2) is guilty of an offence and is liable to a penalty ' ­ (a) in the case of a corporation, not exceeding $50,000; or (b) in the case of a crew member, not exceeding $2,000; or (c) ill the case of any other natural person, not exceeding $25,000 .
(4) For the purposes of the prosecution of a person for an offence against this section, where a person is charged for an act or omission done by a partner, agent or employee, the act or omission shall be deemed to have also been done by the person charged for the offence.

(5) Section 24 (Mistake of Fact) of the Criminal Code is not a defence to a prosecution for an offence under this section.

DRIFTNET FISHING 25.

(1 ) No boat shall be used for or assist in driftnet fishing in fisheries waters.
(&) (3) No national, boat shall be used for or assist in driftnet fishing in any waters.

No foreign boat shall have a driftnet aboard while in fisheries waters.

(4) Where a boat is used in contravention of -subsection (1), (2) or (3), the master, owner,.
charterer and crew members of the boat are each guilty of an offence and are liable to a penalty ­ (a) in a case involving the use of a foreign boat, not exceeding $500,000; or (b) in a case involving the use of a national boat, not exceeding $100,000; or I Fisheries Act 1997 20 in the case of a Crew member of a foreign or a national boat, not exceeding (c) $50,000; or (d) in any other case, not exceeding $10,000.

IMPORT OF ILLEGALLY TAKEN FISH 26.


(1) Subject to supsection (3), a person who, in Nauru.or in fisheries waters­ {a) on his own account, or as the partner, agent or employee of another person, lands, imports, exports, transports, sells, receives, acquires or purchases: or (b) uses a boat, to land, import, export, transport, sell, receive, acquire or purchase, any fish taken, possessed, transported or sold contrary to the law of ~nother state is guilty of an offence and is liable to a penalty - .
(a) in a case involving the use of a foreign bOat, not exceeding $500,000: or (b) in a case involving the use of a national boat, not exceeding $100,000: or in the case of a crew member of a foreign or a national boat, not exceeding (c) $25,000: or (d) in any other case, not exceeding $10,000.

• (2) This section does not apply to fish taken on the high seas contrary to the law of another state where the Republic does not recognise the right of that state to make laws in respect of those fish. '

• .
• .

(3) It is a defence to a prosecution for an offence under thi!,?

section if the person charged satisfies the Court that he did not know and had no reasonable cause to believe that the fish had been taken, possesseq, transported or sold contrary to the law of another state.

(4) Section 24 of the Criminal Code is not a defence to a prosecution for an offence under this section.
(5) Where there is in existence an agreement with another state to this effect, the penalty provided by subsection (2), or any portion of it according to the terms of the agreement, shall, after all costs and expenses incurred by the Republic and the Authority have been deducted, be remitted to that state according to the terms ·of the agreement.

OBSTRUCTION OF AUTHORISED OFFICERS OR OBSERVERS (1) 27.

The master and each.


crew member of any boat, the driver of any vehicle and the pilot and crew of any aircraft shall immediately comply with every instruction or direQion given by an authorised.

officer and shall facilitate safe boarding, entry and inspection of the boat, vehicle or aircraft and anyflshing equipment, equipment, records, documents and fish.
(2) The master and each crew member of any boat, the driver of any vehicle and the pilot and crew of ~lny aircraft shall take all measures to ensure the safety of an authorised officer or observer in the performance of his duties.
(3) A person who contravenes subsection (1) or (2), or who ­ (a) assaul.ts, obstructs, resists, delays, refuses boarding' or entry to, intimidates or fails to take all reasonable measures to ensure the safety of or otherwise interferes with an authorised officer or observer in the performance of his duties; or (b) incites or encourages any other person to assault, resistor obstruct an authorised officer or an observer while carrying out his powers or duties, or a person lawfully acting under the alJthorised officer's orders or in his aid; or I Fisheries Act 1997 21 (c) uses threatening language or behaves in a threatening or insulting manner or uses abusive language or insulting gestures towards an authorised officer or observer while in the execution of his powers of duties, or a person lawfully acting under an authorised officer's orders or in his aid; or (d) fails to comply with the lawful requirements of an authorised officer or observer; or furnishes to an authorised officer or an observer any particulars which, to his (e) knowledge are false or misleading in any material respect; or (f) personates or falsely represents himself to be an authorised officer or an observer, or who falsely represents himself to be a person lawfully acting under an authorised officer's orders or in his aid; or in any other way obstructs or hinders an authorised officer or observer in the (g) exercise of his powers, duties or functions under this Act, is guilty of an offence and is liable to a penalty­ (a) not exceeding $500,000; or (b) where the offence involves use or threat o[ use of a dangerous weapon, or violence or threat of violence, not exceeding $1,000,000.
(4) In this section, "obstruct" means to prevent an authorised officer, or a person acting under his orders or in his aid, or an observer, from exercising any of the powers conferred on that person by this Act.

PART V - DEALING WITH OFFENCES LIABILITY OF MASTER AND OTHERS 28.
Where the owner or charterer of a foreign boat who is charged with an offence against section 22(1) or (2), 23, 24 or 26 is neither resident nor phYSically present in Nauru at the time when the boat was first arrested or at any time after the arrest ­ (a) the master of the boat; or (b) any employee, agent or representative of the owner or charterer who may be resident or physically present in Nauru at any time after the arrest, shall be deemed to be the owner or charterer, as the case may be, and may be charged, prosecuted, convicted and sentenced as appropriate.
OFFENCES TRIABLE IN THE DISTRICT COURT (1) 29.

Notwithstanding any other law' relating to the jurisdiction and powers of the District Court, a person charged with an offence under this Act shall be tried by the District Court.

(2) The limitation imposed by section 7(c) of the Criminal Procedure Act 1972 upon senteoces that may be passed by the District Court shall not apply to the imposition by the District Court of a sentence for an offence under this Act.

JURISDICTION OF THE COURT 30.


(1) committed ­ An act or omission in contravention of a provision of this Act which is (a) by any.person within fisheries waters; or (b) outside fisheries waters by any Nauruan citizen or any person ordinarily resident in Nauru; or ---~ - - - - - - - - - Fisheries Act 1997 22 (c) by any person on board a n<:itiQnal boat, shall be dealt with and judicial proceedings taken as if the act or omission had taken place in Nauru.
(2) Where this Act entitles an authorised officer or an obselVer to exercise a power or perform a function outside fisheries waters, any act or orriission of any person outside fisheries waters in relation to the authorised officer or obselVer, which if committed within fisheries waters would be an offence against this Act, shall be deemed to have been committed within fisheries waters.
(3) Where a law or a condition, of a licence specifically or incidentally requires the reporting of a fact while a boat is on the high seas, proceedings may be ·taken in respect of a failure to report the fact asif the failure had occurred within fisheries waters.

EVIDENCE BY CERTIFICA TE • 31.


(1 ) In any proceedings for an offence under t,his Act ­ (a) the Chief Executive Officer or a person authorised by him in writing; and (b) an authorised officer or an obselVer; • may give a certificate as to such matters, in such form and containing such particulars, as are prescribed.
(2) A certificate given under this section ­ (a) shall 'be signed by the person who made it; and (b) shall contain a declaration by the person who made it .that the matters stated in the certificate are true to the best of his knowledge and belief and that he made the certificate knowing that, if it were tendered in evidence, he would be liable to prosecution if he wilfully stated in it anything which he knew to be false or did not believe to be true.
(3) Unless the contrary is proved, a document purporting to be a certificate given under this section shall be deemed to be such a certificate and to have been duly made.
(4) Where a certificate made under ttJis section is selVedupon an accused person at least fourteen days before.its production in court and the accused person does not, within seven days of the date of selVice, selVe notice of objection in writing upon the prosecutor, then the certificate shall, unless the court finds the accused is 'unduly prejudiced by any failure to object, be conclusive proof of all the faf;:ts averred in it.
(5) Where an ()bjection is notified under subsection (4), the certificate shall, unless the contrary is proved, be sufficient evidence of the facts stated in it.

(6) Any omission Jrom, or mistak.e made in any certificate given under this section does not render it inadmissible in evidence unless the Court considers that the omission or mistake is material to any issue in the proceedings concerned, or that the accused is unduly prejudiced by it.

(7) .
(7) .

Notwithstanding that other matters may be contained in it, a certificate given under this section is validly made in relation to the matters which by this Act are permitted to be stated in.

it.

Where in any proceedings a certificate made under this section is produced to the Court, the prosecution shall not be obliged to call the maker of the certificate and the (8) .

.

Fisheries Act 1997 23 3fJJ \~~.j 1:.)

~_'J ',1 ' • _('''1.


~\,I~'lMO~) Court shall, where materi~I, rely on the facts contained in the certificate unless the con!rary is prov~d~' ,)(llffO~i!

; 11. t w' .,;, n:.

,".J r.: ~ f, fit '9b,~., ~'''" '"~ ; \' Jm.. orns tn' Dil?

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?i, 1 "ll r ,l\>.

(, • c.

~'.'


••\ , .. , ...; ",,'tt' 1:: ,·)l ,(1I':09Q The provisions of this section apply to a certificate 'giVeW'und~r"this secfion lo 'I')' "}' ,I {:" , (9) I notwithstanding anything to the contrary in,th!

'!lGril'Di~ah'p[0~~IJ[e..A9tJ1JfZ2'.i U'IU, • "b It') PRESUMPTIOr-lS ",' \, v!

!SOl-q '(tf>inlpg~~ s ~s Hr>.,f.,,· Sfnt<.

: ~rh .11 1),,,, ,\tV.

)!>1 (d} (1) ~llIf.

"I-" t .... -.,t"\~r.f ?··'R:lt;!

;~ - '"I "T~f"':> For the purposes of any proceedings runder tnis.
;;t\ct, tlie'aCt o-romissiori~of'at 32. crew member of ,a boat while aboard that boatqr engaged in any, fishing related tq or in asSoCi8tioWwith~fiai boa{shail'6'e'ldeemrd"tcr-6e aistntla'fofthe"operatof&f the boat!

III 'I.

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(tou<::cb1sWS >(brtl ilUO:larH '(lfP!ffO') ~r1r 1)1 VI.....!
.ar 'I'lnto '(n£) For the 'p~urposesi Of lhe<'prosecUtiO'n'3'(W1a(person for'l'ahUoffeIW;e9 UnaefJ·tfii'slsl (2) Act, where a person is charged for an act or omission done by anemplo~ee or other agent, the act or omission shall be deemed to have also been done 6Y-:Hl~pe;soll'cHiirge'dl for~ile'\O offence.

ae Any entry in writing or other mark in or on-aii'y'logY'chartl of'Othef1aocu~rfiel1tb6 ni :(smnuoJ efU ~A zitit 1sbtlll &:)rlenO riG lo b9bivflooai nJ8;l~ s ne!iW rt) (3) .
required to be maintainedun.s!~f t,~.i§;,~YJ J?L.w~~4Jge(~s~!.<:J.,m.e(f!Eti,'tiW!,~Je.f~fR.Q,atl!

?,haH,)be deemed to be that of the'operator of the DOat.

.

.

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boa ;eon90il, erU lolblsq <l991yns lq S1ufi~hQl orH (di 'HiY ~o~t+).Jil s d(Y.!3!

:u~ l~l~xl'intQ£rn~lWiJ.s~~liY%Qinl~:C~~P'S~let...<!i90flJ l\m",q~q1l\i§ ;~Rt qGj3n applicable access agreement in relation to any fis~mge~Y..;l~r1f<J<r,~ign:.~Q.<?alilr)t!)~~Y.
!J £.be presumed,unless the contrary is proved, to have been given by the operator of the boat, W~rj!l~J;ftt~i~~!1p.y!e9~l:;lt~I!t)fjli~l~eh9{\~'I~~crunyL~I)l!t~j~.

\f}ln~mt~ig,,)~!w!h'er m~Jpod of COWlE'mIf!W?.llis Ili .huoO ern ,bs\liovnl 9ll'Wlerifo1o beet!

z,sirJ Isod bS2fl9::iils ri::>irtw10 used or involved in the commission of an offence under this Act shall th~eR..'1t~afY~:M)lR~e,g, !HJH\Y;MegFh~~JJJl~mnClygY,,!Jy~~nCbi~.~i~.I?J~lcq fgrfe.ilH~e.
'· (&) 1SGOQG ot elisl9:)090il "$..10 l1Oifibnoo 10.

ITllsf S ,(Itrw X1qrflo.

:'l oJ ~nlJnsl "to .1.0 ilOIJ(I'JVS'IJf QoS10 FqB~~T.Yttj;~E ~g~Tjt\~Q49,Itl~J3I3~Qg~~~n?t1l..o0 .

:.1111 .<mommlJe 5111 ot lSWtflS ni ~eol Vns l031!JHtlhCl artt .hrm eoo:}::Jn ~m to noifs}IS9ftBO Sf!l :leme ,O?

gniOb loCI 101 200GB91 Where a Court convicts a person of an offence unde.r(tbis.~r;t,1the)~.9,urt m~YGq.

33. order.
33. order.

in addition to any pecuniary penalty or award under section 34, the forfeiture of any one or more of the following: - 035132 Roa;J~1IAT3a a~!

'IlIHT H!

:1H10 aV1A.

?TAQE.i (1) (a).. any fish.

boat,.fish)ng equipment, ~xplosiv~ ornmdous substanpe taken, lJsed or_ \totherwise'rnvolv'ea~in!theJcoriiifiissi6hn1ofltnetbffence;~rBll 10 tsod I} .ff!$IiW \ & 01 ls9qqs ot (lHst1!

oJ noitlils"I nI ooriello flsdJrwbs01sno' vhoq01q (l$9d~cti ot1w nC~5,~s ,bnn \$..(~~cY{tl~f~v~P"'q~b}Y~!~te!hi!
:l:!f!fb C?9rnmj~~i.cw; Q.r.~th~QJf~oc~t1~I]Y{fi~th9Q;!1Q~r9 !I:t.~ .J~fijm~ Ji:P..\3t~fJ.

;!\Wfligfi!~,~LRfte,!9~, t9.f!'.wb~£~f!!

!y !i§lbre!~Jf~~~olinJ.parf3g~a.p~~.J(~) oJ;j(b1~h~~~~e,r}.m taut ~1:?bi~rloo Ji es 1sbl0 sold under sectIon 20, the proceeds of the.

sale ofthl¥ fish.
sale ofthl¥ fish.

(t) '1:;,ryl1ll(2)1!Jtl'.1h~h~£1f 1il~99!JI:t;f0!JYlc~~ ~tp,~rSQ!1J9fi~na9.ff~ncecagajnst §e~ct~qn 22(V:pr (2), 2310~~:R!J·?6j)rP~:t~~fJ:Io9,W~!,tlQ.r~nc~siJ,,~~'I!l~y,(tb~:),p'~§c[i~eshJoc tt)tstpurpq~~S:l9f.-t.hJ~u,-: subsection, in the commission of which a foreign bo~t was used or otherWi~_~iiinyply.e.d.!

'h4iHw Court shall, unless it finds that there are exceptional reasons for not doing so, order the foQ~i!~r.elo1,:;:-;to 10 l~c;,,-i I;" l.,111)/iw t ~ !
'~ ~I >< bru:., t~) IClt;;wij1!

(JU:- .~ 1;" '(t) ."

!

~{a) the boat;"I{an(j: (!

').~; i: 3' ~ .

1_ ~.

"::':"'~~l tl(Jbfl~ H " ~:~ .. " ' l .

I; "I~!

t.,; ..

If)I£1sb .

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"",ir,' ~ru 1n li \;} !

(ft~''''1'ti) 5H t;."l')'.

:; , .

; " . '

,~rU !,t C!

;li1ii}'d' (b) any fi~hing equipment that was on the boat at the time of the offene:,e; A!lJd ") f ' I!

..~~t}c fish on board the boat at the time of the offence, or, where the fish has been sold • q (.
'1tVf>n Illj'~l '1 ,'r 'I (c) under section 207 the proceeds of the sale of the(fisn~ f' l;..;, J , ' " • 1 , , """ tt I , ., • ,,":,,'1,.,.

....1' " ._ .

"j .J • .. (3) Any boat, fish, fishing equipment or~other tHing forfeited by order of a'Court under this Act becomes the property of the Authority.
• Fisheries Act 1997 24 COMPENSATION FOR LOSS OR DAMAGE 1- I> J 34, A person who commits an offence under this Act is, on conviction, in addition to, !he~(, penalty for the offence, liable for any loss or damage caused by the offence, and the amount " of s!JC?h loss,qr d;;lJw~ge r.nay'~beJj;'"':, .. , l i~" t.' ',):.

I.. , 11E; "'i!

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i" I l'l f.., \ " ~ I ~ 1 ,.

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(a) awarded by the courfin fixing1he'penaTty; and ,fi\-~!,; .... ...., d ' I" 'Iv;'!"'

t.

,iln,.
t.

,iln,.

'<.~j,W·)f• (b) recovered in the same manner as a pecuniary penalty.

j>~1UI't qf:lu(,j\"l'1 UI 1"l 0, i., CQ.~1S INJ:I~I;i~~I§.S.

:,P~O~Eg.U"I;IR~§ .

;r'!lb~(i~..Jl'!

\11(, L.. :.3< '.1 .... ~ ,~ ,; ~ In reEpectLofl,aILqffen~e ~qnaxg~..Q,uoder ~~.is., t\c!.~nd})o,~!~!H~taJ1,J~j!l~Mh~, p,rQ\f!~i9D.

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f.!

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j,,) tt 01 'a~l I"-!

{tis ~hrtw '-.

.

:.


h k 35, " any other law to the contrary, the court may award such costs al1d expenses incurred in re1ilJ\9n.!

!3/neYJ.°~~9u!-!en,ef ~qg~",9Ih:arg!ts ,(fhm~~ 1~.l?p~~r 1.0, b,,~e~~p.~!., "J '1 lb=!

I i '.

';rne"n '" '., r;l'}l(llJl ($:) Jneps l;;ul!C 10 89vrolafl19 flO ~d Dno!,) (l("'~llf,no 'Ie!

JJS '01-> 101 bSl;?l$l'b 2l f ..K1;3Q s 9"~iIW toA CA..t~~~I:-U\rIO~ o.§lLJ~fg~.C~J ~ru,;b rlT4d C12IsS\d::lcl 01 ba[fl&eb: ed ll£rll!1l)i22HTlO 10 illS 9:1!
3:;loOlto (1) 36.

adpiljRnAOj~l1y,.O.\~ElfJR~.n~!tY.

[!B.rct~.~-rru "0 111 lLE..rrt lEltlto 10 t;:frJ.1W fil '(ltn~ ynA When a person is convicted of an offence under this Act the Court may, in (S) !t('(aY,rtflef:'dihcelfation"of1an{lieerlte'issued 'to/that pe"i-so'nl;t ar{cflu DB[llSlnif.
(l1sd of tl$,iup~n J6ct!eot TO lQlsleqo ent l.) lS!i.f sd 61 bsnmsb (b) the forfeiture of any fees paid for the licen(fe; and nS(cp iRat fh~ pe~dnbei(jiSqualifie{j~frorfijthe"clay;>6ffrot1'liaioiii from holding a licitnce for Q(!a peRbd\ noireX'ceedlngihfee~ye}iiS~2itl(n& .JJ .

floih;l51 "I!

tr1S,"I" Clf.71QS 22:1:,)00 Slds.

')Hqqs .ldOd srtl io '!Otl:;19"1.O ~nt yel n~Vjg l1sad evso :J1 ,bevClq <:!
'(\Bdnoo :;'Jftl 82s!nu ,b~mu2s1Q lo I)~((2)111 It; f\lvlien'1alp~rson~is 8o"'riVictei(:f'5f~an ·'offeRee'uhd~l!

'iiiis~ACt\in the'iBoyft[h,ss101i1V, of which a licensed boat was used or otherwise involved, the Court may, in addltion'liOuanY:Kl J~JJ!1t .

~~..ru;eJ.~tt«;!q~ rffie'rlce, - .

cttoMheLb_ . '

,0 .

• 22stnu ,Da.tnU2';nq $'0 UJlIi2.


tlA: ~im l~blllJ 90ne'tlo os 10 (}oi~lmma::tsd1 m U&\(10v[\ll(.l b~?u WHere's: pe~b1t"W~O')nas(De'i;rr(julyrseiVea'1{~gu'mmons ,to'answer\aE:cHafljGrtt (3) of a contravention of, orJailure to comply with, a term oecondition of a licence fails to apRear in answer to the summons, the Court sh~fiPunres$1lf' C?6itsi&erSllnairthe~ ~re~~c'lpti6n~P' reasons for not doing so, order the cancellation of the licence and the forfeiture of any fees .
paid Ih respect1of.the, Iicffnceil1 u 9:Jllstlo IIp l6 l'O~l!

}q .C~l"wnoo hf)O.J Iii Eil!

:lrtW( t) £.f.

ti1£.I>S IllllJav.=!

"l~bflll blBWB 10 '{!iSfJ9\1 I{H.irru",eq yns vJ 0-: itibb£ 01 ,lSt\11'> gniwonolsrHl"l ~1\}((I10 !JIll) BOATS AND OTHER THINGS DETAINE;D OR SEIZED yOp 10 €llt.lMnot - 10 U:';J(::!)

.nsAn!

eonQJ~tluZ ZiJOiXfullO a"l;;olq)( ~ JnemqiUP!1 .t:'1ht~il teed *ft 1(115 (6 1 (1) 37.
Where a boat or otherttt!~~g:;Jl~S.iQ~~nl~~t~i!1~.9JQ.rr!~~iz_ed~J.I.n.dereS.~.CflQ11017 and a person who has been properly charged with an offence in relation to it fails to appear to answer 'ftW~ Icha'rgeV'wittiin IniiiefY1CtayS' 6rtha' detiention1or seizUte;;rh'e ~GHfef;Execmi~1J~oitiCer mayl?lPplyr'to':the1 Court!f6Ntlie1 boaCor,;ttling'to'1be 'faffeited~a7id the.fCoui11shallifmaK€tstch order as it considers just, "1 OS nQI,-::'~3c ,obnll biol oei) ertt 10 :::!

[f.~ 'lrf it} f"bq~;J':iOltj '.


• .r;) 'll(2t}S:!:.

'Where Ittie ICouifi 'fails"orhretUses,lt6 ~rhak'e 'Ian order 101' itotleiture<'\)under sUDsecfiijn~l1 )~,ttie!Cfiief Exectitive10ffice'rmay appeal 1to tfi~ Suprem~Court, fhe'(1eclsion of::~ wtiicti shaIl'De"'firfal~""9 11,..

!

;: j't> f'e '_':>I(\",!1Y;) f . "

, ' ; ,'l1;1V JlI>.'

~ 1 ,I.'

'::':).

:-u ~LN "~9J .

J ), F ~ r .... 1'!11:t , ; , ; ;:-".0."

~ t , ( ",,11 Illiil,.


'til n, flO1t::H':" " Subject to subsection (4) and section 21, where a boat or oth-e('thingis ' , detained or seized under section 17 and no person is arrested, the boa~s)r~t!1iflg.sha" be .

returned to th'e owner or the person having posseSSion, care or control of it at the time of detention or seizure: ~, , • " t r <l ~)I.,.

,~;~ t !

p\'J ~J'.• 1 J J .

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;;> e:'ij' M (4) f d" Where the lawful owner of a boat,or.other thing detaine9 ortseized.under section 17 cannot be traced within thirty days, it shall be forfeit and be disposed of as the Chief Executive Officer in his discretion· considers fit., ~., ''- "·,~l,f '\ f'; ".

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• • Fisheries Act 1997 25 (5) Where a boat or other thing has been detained or seized under section 17 and the Court does not order its forfeiture, it, or any proceeds realised from its disposal, shall be returned to the owner or the person having the possession, care or control of it at the time of the detention or seizure.
(6) Where the owner of a boat or other thing or the person having the possession, care or control of it at the time of its detention or seizure is convicted of an offence under this Act and a fine is imposed ­ the boat or thing may be detained until all fines, orders for costs and penalties (a) imposed under this Act have been paid; or (b) where payment under paragraph (a) has not been made within the time allowed, the boat or thing may be sold in satisfaction of the fine and the balance of the proceeds *returned in accordance with section 38 after deduction of all fines, orders for costs, penalties imposed under this Act and costs of sale; or (c) any proceeds realised from its disposal under section 21 may be applied in payment of the fine, order for costs and costs of sale.
PART VI - MISCELLANEOUS APPLICATION OF BOND, SECURITY AND PROCEEDS OF SALE (1) 38.
Any bond, security or net proceeds of sale held in respect .of any boat, vehicle or aircraft or other thing sold under this Act shall be applied in the following descending order -'­ (a) the discharge of any ·forfeiture ordered under section 33; (b) the payment of all fines for offences against this Act or penalties imposed under this Act arising out of the use of or in connection with the boat, vehicle, aircraft or other item; the discharge of all orders for costs in proceedings under this Act arising out of the (c) use of or in connection with the boat, vehicle, aircraft or other thing; (d) its return as provided in section 37 .
FEES.

FORFEITED PROPERTY AND PROCEEDS OF SALE 39. form part of the funds of the Authority.

(1) Any fee, charge or expense payable under this Act shall be payable to and (2) Any ~ (a) security.
proceeds of sale or other >moneys paid into Court under this Act and ordered foJieited by the Court; and (b) proceeds of sale of a boat, vehicle, aircraft, fish or other thing remaining after the satisfaction of payments under section 38; and fine or other pecuniary penalty ordered by a Court for an offence under this Act, (c) other than an award of damages under section 34, ar.e revenue of the Authority and shqll, after deducting any costs incurred in relation to the prosecution of ~he case, be paid into and form part of the funds ,of the Authority.
(3) > At the expiry of the time limited for appeal and if no appeal is lodged, any boat, vehicle, aircraft or other thing ordered to be foJieitedunder this Act becomes the property of the Authority and may be disposed of as the Board directs.

Fisheries Act 1997 26 (4) Any fee, charge or expense payable under this Act and not paid is a debt due to the Authority and may be recovered in the District Court.

LIABILITY FOR LOSS .DAMAGE OR DETERIORATION OF ITEMS , IN CUSTODY 40.
No claim shall lie against the Republic or the Authority ­ (a) for any failure to comply with any provision <;>f this Act; or for any loss, damage to or Qeterioration in the condition of any boat, vehicle, aircraft (b) or other.

thing while it is held in custody under this Act, or (c) in respect of any disposal, release or destruction under secti?n 20.

IMMUNITY OF PERSONS ACTING IN PURSUANCE OF POWERS .
An authorised' officer, an observer, or a person lawfully acting under an authorised 41. officer's orders or in his aid shall not be subject to any civil or criminal liability in respect of any act or omission done in pursuance or intended pursuance of any power or function conferred on him by or under this Act, whether on the ground of want of jurisdiction, mistake of law or fact, or on any other ground, unless the act Qr omission was done in bad faith without reasonable cause.
REGULATIONS (1) The Cabinet may make regulations prescribing matters which b.y this Act are 42. required or permitted to be prescribed, or which it considers are necessary or convenient to be prescribed, for carrying out or giving effect to this Act and in particular prescribing matters providing for and in relation to ­ the means of determining the total allowable catch either generally or in respect of (a) an individual fishery, the maximum sl.lstainable yield of fish, precautionary reference points, fishing quotas.
fishery areas.

licence priorities and quotas and related matters, and determining those matters; and the grant, conditions.

suspension and cancellation of licences, permits and other (b) authorisations to engage in or use a boat for fishing or a fisheries activity; and (c) the registration and marking of boats used for fishin9and fishing equipment; and (d) regulating the condu.ct of fishing and fisheries activities; and (e) regulating, controlling and managing research.
surveys, study and education regarding fish, fisheries resources and the marine environment; and (f) the identification of officers authorised to-perform duties under this Act; and (g) the monitoring and surveillance of fishing and fishing activities and the gathering.
storing and use of information regarding tloats, fishing and fisheries activities, including its use as evidence in proceedings under this Act; and , the seizure, custody, dealing with and disposal of any boat, fish or other thing under (h) this Act; and (i) service in actions.

the giving of evidence in proceedings, presumptions which may arise in or in relation to proceedings, and any other procedural matters.
in any proceedings under this Act; and U) the sale or disposal of unclaimed fishing equipment found in any waters; and the furnishing of returns containing information in relation to fishing.

fisheries (k) activities; and (I) any fees, charges, taxes, royalties, bonds or securities payable in respect of any matter under this Act; and • Fisheries Act 1997 27 : .
,e'-= (m) prescribing penalties of tines not exceeding $100,000 for offences against trJe regulations; or offences a981rlst any provision of the Act for which no penalty is provided.
(2) Regulations made under this Act ­ (a) may make different provisions in relation to different areas of fisheries waters, different species of fish or different fishing methods; and (b) may empower such authorities or persons as are specified in the Regulations to make orders or notices or to give instructions, authorisations and permissions for any of the purposes for which the Regulations are authorised by this Act tobe made, and may contain such incidental and supplementary provisions as are necessary or expedient PART VII - REPEAL, SAVINGS AND TRANSITIONAL REPEAL OF THE MARINE RESOURCES ACT 1978 43.
The Marine Resources Act 1978 is repealed.

SAVING OF EXISTING LICENCES AND AGREEMENTS (1) All licences granted under the Marine Resources Act 1978 (repealed) which 44. were valid and in force immediately before the coming into operation of this Act shall continue, on that coming into operation, to have full force and effect for the .term for which they were granted or made or until they sooner expire or are revoked according to law as if the Marine Resources Act 1978 (repealed) had not been repealed.
(2) Any access agreement made under or in relation to the Marine Resources Act 1978 (repealed) which is substantially at variance with the provisions of this Act shall force and effect until the earliest possible date of its nevertheless continue in renegotiation or renewal according to its terms, at which time it shall be 'renegotiated so as to ensure compliance with the provisions of this Act.

full APPLICAnON OF OTHER ACTS AND INSTRUMENTS 45.


Where­ (a) any Act or subordinate enactment other than this Act; or (b) any document or instrument wherever made or executed, contains a reference, express or implied, to the Marine Resources Act 1978 (repealed) orto a provision of that Act, trlat reference shall,.

on the coming into operation of this Act, except where the context otherNise requires, be read and construed and have effect as a reference to this Act or the correspondlilg proviSiOn of it.
(2) Where any document, Clgreement or instrument wherever made or executed contains a reference, express or implied, to tfle exclusive fisheries zone established by section 3 of the Marine Resources Act 1978 (repealed), that reference shalf, on the coming into opera~ion of this Act, exc;ept wtlere the context otherwise requires, be read and construed and have effect as a reference to the exclusiveeconornic zone.

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