Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697812733496.pdf (Nauru)
FISHERIES Table of Contents Principal Fisheries Act 1997 Table of Provisions .

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Table of Amendments .

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Fisheries Act 1997 .

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Subsidiary Fisheries Regulations 1998 Table of Provisions .

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Table of Amendments .

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Fisheries Regulations 1998 .

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(PNA Third Implementing Fisheries Regulations 2009 Table of Provisions .

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Table of Amendments .

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Fisheries (PNA Third Implementing Arrangement) Regulations 2009 .

Arrangement) Fisheries Act Notice 2015 Table of Amendments .

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Fisheries Act Notice 2015 .

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Page 23 27 29 91 93 95 147 149 151 165 167 21 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 1 Date: 6/8/2021 Time: 9:53:58 bwpageid:: 21:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 22 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 2 Date: 6/8/2021 Time: 9:53:58 bwpageid:: 22:: bwservice::0:: Fisheries Act 1997 TABLE OF PROVISIONS Section Title PART 1 — PRELIMINARY 12A 12B 12C 12D 12E 12F 12G 12H 12I 12J 12K 12L 12M Short title and commencement Interpretation Application PART 2 — FISHERIES MANAGEMENT Management principles Foreign ﬁshing and ﬁsheries principles Agreements and arrangements Provision of information Access agreements Limits of catch and licences Fishery Strategies Fishing prohibitions General licencing provisions Term of licence or authorisation Refusal to issue a licence or authorisation Suspension and cancellation of licences and authorisations Observance of other laws Request for reconsideration of denied licence or authorisation National Fisheries Register of licences and authorisations Information to be accurate PART 2A — REGISTRATION OF FISHING VESSELS ON THE REGISTER BOOK ESTABLISHED UNDER THE SHIPPING REGISTRATION ACT 1968 DIVISION 1 — REGISTRATION REQUIREMENTS registration of ﬁshing vessels in the register book Requirements for established under the Shipping Registration Act 1968 Entry and maintenance of registration in the register book Obligation of operators applying for registration DIVISION 2 Nauru record of ﬁshing vessels Disclosure of information on the record of Nauru ﬁshing vessels Penalties for ﬁshing without providing information 23 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 3 Date: 6/8/2021 Time: 9:53:59 bwpageid:: 23:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Section Title DIVISION 3 — FISHING BY NATIONAL FISHING VESSELS BEYOND NAURU WATERS 12N 12O 12P 12Q 12R 12S 12T 12U 12V 12W 12X 12Y 12Z Application for an authorisation to ﬁsh Power of Chief Executive Officer to grant
 authorisation Power not to issue an authorisation Conditions applying to an authorisation to ﬁsh Validity of an authorisation Cancellation or suspension of an authorisation Fishing in contravention of an authorisation to ﬁsh DIVISION 4 — USE OF FISHING VESSELS FLAGGED TO OTHER COUNTRIES ON THE HIGH SEAS Use of vessels of other ﬂags by Nauruan citizens or Nauruan corporations or companies on the high seas Use of National ﬁshing vessels in the jurisdiction of another State Investigation of breaches and non-compliance Penalties for breaches of conditions or non-observance of obligations Access to information held by the Registrar of Foreign Vessels Obligation to provide ﬁsheries data and catch information DIVISION 5 — INTERNATIONAL FISHERIES UNIT 12AA International Fisheries Unit PART 3 — MONITORING AND ENFORCEMENT 21A 21B 21C 21D 21E Service 0 Observers Authorised officers Identiﬁcation of authorised officers and observers Offences as cognizable offences Powers of authorised officers Seizure of vessels, vehicles and aircraft Immobilisation of vessel, vehicle or aircraft Disposal of seized ﬁsh and other things Security for release of a seized vessel PART 3A — REQUIREMENTS FOR CHARTER OF FISHING VESSELS Charter of ﬁshing vessel by citizens Duty of operator to comply Suspension or cancellation of a licence or authorisation in respect of a ﬁshing vessel operating under a charter agreement PART 3B — AUTHORISATION TO CHARTER BEYOND NAURU WATERS Application by non-citizen for authorisation to charter a national ﬁshing vessel beyond Nauru waters Duty of operator to comply 24 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 4 Date: 6/8/2021 Time: 9:53:59 bwpageid:: 24:: bwservice::0:: Section 21F 21G 21H 21I 21J 21K 21L 21M 21N 21O 21P 21Q 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 FISHERIES ACT 1997 Title Suspension or cancellation of authorisation PART 3C — COMPLIANCE WITH INTERNATIONAL OBLIGATIONS Application of Part
 3C Giving effect to international conservation and management measures PART 3D — POLLUTION Interpretation Discharge of oil or pollution into Nauru waters Discharge of oil or pollutants into waters outside Nauru waters Discharge of garbage or sewage from ﬁshing vessels into Nauru water Equipment to prevent pollution Equipment to deal with pollution Duty to report discharge Records Enforcement of the prevention of pollution PART 4 — OFFENCES Breach of ﬁshing prohibitions Fishing without or in breach of a licence Foreign ﬁshing vessels in ﬁsheries waters Driftnet ﬁshing Import of illegally taken ﬁsh Obstruction of authorised officers or observers PART 5 — DEALING WITH OFFENCES Liability of master and others Offences triable in the District Court Jurisdiction of the court Evidence by certiﬁcate Presumptions Forfeiture of vessel and other property Compensation for loss or damage Costs in ﬁsheries prosecutions Cancellation of licence Vessels and other things detained or seized PART 6 — MISCELLANEOUS Application of bond, security and proceeds of sale Fees, forfeited property and proceeds of sale Liability for loss, damage or deterioration of items in custody Immunity of persons acting in pursuance of powers Regulations 25 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 5 Date: 6/8/2021 Time: 9:53:59 bwpageid:: 25:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Title PART 7 — REPEAL, SAVINGS AND TRANSITIONAL Repeal of the Marine Resources Act 1978 Saving of existing licences and agreements Application of other Acts and instruments Section 43 44 45 Service 0 26 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 6 Date: 6/8/2021 Time: 9:53:59 bwpageid:: 26:: bwservice::0:: Fisheries Act 1997 TABLE OF AMENDMENTS The Fisheries Act 1997 No 18 was certiﬁed on 13 June 1997 and commenced on 1 July 1997 (GN No 261/1997; Gaz 56/1997).
Amending Legislation Certiﬁed Date of Commencement Statute Law Revision Act 2011 No 8 15 April 2011 Sch 1 [68]: 15 April 2011 Crimes Act 2016 No 18 12 May 2016 Sch 2 clauses 67, 68: 12 May 2016 Fisheries (Amendment) Act 2017 No 18 3 August 2017 3 August 2017 Revised Written Laws Act 2021 No 7 1 June 2021 1 June 2021 27 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 7 Date: 6/8/2021 Time: 9:53:59 bwpageid:: 27:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 28 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 8 Date: 6/8/2021 Time: 9:53:59 bwpageid:: 28:: bwservice::0:: An Act to make provision for the management, development, protection and conservation of the ﬁsheries and living marine resources of Nauru, and in particular, to: (a) 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; (b) 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 increased employment and sound standards, human resource development, ecological balance; (c) pursue effective strategies for managing the ﬁsheries and marine resources of Nauru, including the registration of ﬁshing boats and the licencing of ﬁshing and ﬁshing activities; and (d) repeal the Marine Resources Act 1978; and for related purposes.
Be it enacted by the Parliament of Nauru as follows: PART 1 — PRELIMINARY 1 2 Short title and commencement This Act may be cited as the Fisheries Act 1997 and shall come into force on a date to be notiﬁed by the Minister in the Gazette and came into effect on 1 July 1997.
Interpretation In this Act: ‘access agreement’ means an agreement entered into 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 vessels of that state for the purpose of ﬁshing; [def am Act 18 of 2017 s 5, opn 3 Aug 2017] ‘aircraft’ means a craft capable of self-sustained movement atmosphere; through the ‘approved automatic location communicator’ means an automatic location communicator of a type for the time being approved by the Forum Fisheries Agency member countries for use with the Regional Vessel Monitoring System; ‘aquaculture’ means the cultivation, propagation or farming of ﬁsh, whether from eggs, spawn, spat or seed, or by rearing ﬁsh lawfully taken from the wild or lawfully imported, or any other similar process; ‘authorised officer’ means: (a) a police officer; (b) a person authorised under Section 14; (c) a surveillance officer; or 29 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 9 Date: 6/8/2021 Time: 9:53:59 bwpageid:: 29:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 2 (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 location communicator’ means a machine or a system of machines which when installed on a vessel is wholly or partially capable in itself of determining the vessel’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 vessel; [def am Act 18 of 2017 s 5, opn 3 Aug 2017] ‘based in Nauru’, in relation to a vessel, means exclusive or predominant use by the vessel of land-based facilities in Nauru, and
 the use may include: (a) location of the vessel’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; and (d) obtaining or storing all or most of its supplies in Nauru; [def am Act 18 of 2017 s 5, opn 3 Aug 2017] ‘Board’ means the Board of Directors of the Authority; ‘boat’ [def rep Act 18 of 2017 s 4, opn 3 Aug 2017] ‘Chief Executive Officer’ means the Chief Executive Officer of the Authority; ‘commercial ﬁshing’ means any ﬁshing other than for subsistence and artisanal ﬁshing, using purse-seine, longline, pole-and-line and trolling gear beyond the territorial sea; [def insrt Act 18 of 2017 s 4, opn 3 Aug 2017] ‘crew member’ means a person who is engaged or employed in any capacity on board a vessel and in the business of the vessel, other than: (a) the master; (b) a pilot; or (c) a person temporarily employed on board the vessel while it is at a port; [def am Act 18 of 2017 s 5, opn 3 Aug 2017] in relation to a vessel, includes any ship’s charts, ‘document’, logbooks, certiﬁcate of registry or registration, licence, permit, official paper, article of agreement and other documents or records, including electronically stored records, which are used in the operation of the vessel or for the purpose of ﬁshing by the vessel, or which relate to the vessel and to the crew or to a person on board the vessel; [def am Act 18 of 2017 s 5, opn 3 Aug 2017] ‘dollars’ means Australian currency; [def insrt Act 18 of 2017 s 4, opn 3 Aug 2017] ‘driftnet’ means a gillnet 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 Service 0 30 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 10 Date: 6/8/2021 Time: 9:53:59 bwpageid:: 30:: bwservice::0:: s 2 FISHERIES ACT 1997 or intended to be used 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 vessel; [def am Act 18 of 2017 s 5, opn 3 Aug 2017] ‘driftnet ﬁshing’ means any ﬁshing involving the use of a driftnet; ‘ﬁsh’ means any aquatic plant or animal, alive or dead, whether piscine 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; (b) refuelling or supplying ﬁshing vessels whether on land or at sea, selling or supplying ﬁshing equipment or performing other activities in support of ﬁshing; (c) aquaculture; (d) exporting ﬁsh from Nauru; or (e) engaging in the business of providing agency, consultancy or other similar services for and in relation to ﬁshing or a ﬁsheries activity; [def am Act 18 of 2017 s 5, opn 3 Aug 2017] ‘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; (b) attempting to search for, catch, take or harvest ﬁsh; (c) engaging in any other activity which can reasonably be expected to result in the locating, catching, taking or harvesting of
 ﬁsh; (d) placing, searching for or recovering any ﬁsh aggregating device or associated equipment including radio beacons; (e) any operation at sea directly in support of or in preparation for any activity described in this deﬁnition; (f) the use of any other vehicle, air or sea borne, in relation to any activity described in this deﬁnition except for emergencies involving the health and safety of the crew or the safety of a vessel; or (g) storing, transhipping, processing or transporting ﬁsh taken from ﬁsheries waters up to the time they are ﬁrst landed; [def am Act 18 of 2017 s 5, opn 3 Aug 2017] 31 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 11 Date: 6/8/2021 Time: 9:53:59 bwpageid:: 31:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 2 ‘ﬁshing boat’ [def rep Act 18 of 2017 s 4, opn 3 Aug 2017] ‘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 vessel; [def am Act 18 of 2017 s 5, opn 3 Aug 2017] ‘ﬁshing trip’ means a period which: (a) starts with the departure of a vessel from port to transit to a ﬁshing area or to transit to another port to complete offloading; and (b) ends when the vessel enters port to offload part or all of its catch, either ashore or to another vessel; [def am Act 18 of 2017 s 5, opn 3 Aug 2017] ‘ﬁshing vessel’ means a vessel which is used for, equipped to be used for or of a type that is normally used for ﬁshing; [def insrt Act 18 of 2017 s 4, opn 3 Aug 2017] ‘foreign boat’ [def rep Act 18 of 2017 s 4, opn 3 Aug 2017] ‘foreign ﬁshing licence’ means a licence issued to a foreign ﬁshing vessel; [def insrt Act 18 of 2017 s 4, opn 3 Aug 2017] ‘foreign ﬁshing vessel’ means a ﬁshing vessel other than a small vessel or a national vessel; [def insrt Act 18 of 2017 s 4, opn 3 Aug 2017] ‘game ﬁshing’ means ﬁshing for a speciﬁed ﬁsh stock, other than for subsistence or
 artisanal ﬁshing, using speciﬁed ﬁshing gear within and beyond the territorial sea; [def insrt Act 18 of 2017 s 4, opn 3 Aug 2017] ‘game ﬁshing licence’ means a licence issued to a game ﬁshing vessel to engage in game ﬁshing for a period not exceeding one year; [def insrt Act 18 of 2017 s 4, opn 3 Aug 2017] ‘game ﬁshing permit’ means a permit issued to a game ﬁshing vessel to engage in game ﬁshing for a period not exceeding one month; [def insrt Act 18 of 2017 s 4, opn 3 Aug 2017] ‘game ﬁshing vessel’ means a vessel used or chartered for game ﬁshing; [def insrt Act 18 of 2017 s 4, opn 3 Aug 2017] ‘good standing’ means the original status granted to vessels applying for inclusion on the Regional Register of Foreign Fishing Vessels maintained by the Forum Fisheries Agency; [def am Act 18 of 2017 s 5, opn 3 Aug 2017] ‘import’ means to bring into Nauru or any part of ﬁsheries waters; ‘joint venture’ means an enterprise of which: (a) the management and control exercisable in law or by agreement between the shareholders, or by agreement between the enterprise and a third party, or in practice, adequately reﬂect the majority Nauruan shareholding; and (b) the arrangements for contribution towards costs and expenses and for distribution of proﬁts, dividends and other payments adequately reﬂect the majority Nauruan shareholding; [def subst Act 18 of 2017 s 4, opn 3 Aug 2017] Service 0 32 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 12 Date: 6/8/2021 Time: 9:53:59 bwpageid:: 32:: bwservice::0:: s 2 FISHERIES ACT 1997 ‘licence’ includes a permit, authority or other form of authorisation issued under this Act; ‘licenced boat’ [def rep Act 18 of 2017 s 4, opn 3 Aug 2017] ‘licenced vessel’ means a ﬁshing vessel licenced under this Act; [def insrt Act 18 of 2017 s 4, opn 3 Aug 2017] ‘licencee’ means a person to whom a licence is issued, whether in respect of the person or a vessel, premises or place; [def am Act 18 of 2017 s 5, opn 3 Aug 2017] ‘machine’ includes an
 electric or electronic device and a satellite; ‘master’, in relation to a vessel, the ﬁshing operations of a vessel, an aircraft or other vehicle, means the person having lawful command or charge, or for the time being in charge, of the vessel, ﬁshing operations, aircraft or vehicle, but does not include a pilot; [def am Act 18 of 2017 s 5, opn 3 Aug 2017] ‘national boat’ [def rep Act 18 of 2017 s 4, opn 3 Aug 2017] ‘national ﬁshing licence’ means a licence issued to: (a) a Nauruan citizen or a Nauruan corporation or company which may be based in Nauru; (b) a joint venture; (c) a foreign ﬁshing vessel operating under a charter agreement; (d) a ﬂagged ﬁshing vessel; or (e) a ﬂagged ﬁshing vessel operating under a charter agreement; [def insrt Act 18 of 2017 s 4, opn 3 Aug 2017] ‘national ﬁshing vessel’ means a ﬁshing vessel, other than a small vessel, which; (a) is wholly owned by one or more Nauruan citizens, a Nauruan corporation or company; (b) is operating under a joint venture; or (c) may be based in Nauru; [def insrt Act 18 of 2017 s 4, opn 3 Aug 2017] ‘Nauruan corporation’ has the meaning given to it by the Corporations 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 a person authorised in writing by the Minister under Section 13 to perform scientiﬁc, compliance, monitoring and other similar observation duties on board a ﬁshing vessel in accordance with this Act; [def am Act 18 of 2017 s 5, opn 3 Aug 2017] ‘officer’ means 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, responsible for the operations of, directs or controls a vessel, but does not include a pilot; [def am Act 18 of 2017 s 5, opn 3 Aug 2017] ‘owner’ means a person exercising or discharging or claiming the right or 33 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 13 Date:
Page: 13 Date: 6/8/2021 Time: 9:53:59 bwpageid:: 33:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 2 accepting the obligation to exercise or discharge any of the powers or duties of an owner whether on his or her own behalf or on behalf of another, and, in relation to a corporation which is 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 a person purporting to act in such a capacity, of the corporation; ‘permit’ means a document other than a licence or authorisation, issued to a person to: (a) participate in game-ﬁshing for a speciﬁed period not exceeding one month; or (b) undertake research in the ﬁsheries waters of Nauru.
[def insrt Act 18 of 2017 s 4, opn 3 Aug 2017] ‘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 Licencing Arrangement’ means: (a) the Treaty on Fisheries between the Governments of certain Paciﬁc Island States and the United States of America signed in Port Moresby on 2nd April 1987, and any renewal or extension of the Treaty; (b) the Federated States of Micronesia Arrangement for Regional Fisheries Access done at Honiara on 30th November 1994; or (c) any similar treaty or arrangement to which Nauru is a party, which makes provision for an international, regional or sub-regional system of ﬁshing vessel licences; [def am Act 18 of 2017 s 5, opn 3 Aug 2017] ‘Regional Vessel Monitoring System’ means the vessel monitoring system accepted for use in the region by the Forum Fisheries Agency member countries, or any other substituted vessel monitoring system accepted for use by the Republic; ‘small boat’ means a boat used for artisanal ﬁshing or subsistence ﬁshing; [def subst Act 18 of 2017 s 4, opn 3 Aug 2017] ‘support craft’ means a dinghy, tender or other craft not exceeding 10 metres in length which is used in conjunction with a ﬁshing vessel in support of ﬁshing by the vessel; [def am Act 18 of 2017 s 5, opn 3 Aug 2017] ‘surveillance officer’ means an officer of a vessel or aircraft which is being used for the enforcement of this Act, whether or not the vessel or aircraft is registered in Nauru and whether or not the officer is a Nauruan citizen; [subs (4) am Act 18 of 2017 s 5, opn 3 Aug 2017] ‘take’, in relation to ﬁsh, means take, catch, capture or harvest ﬁsh; ‘this Act’ means the Fisheries Act 1997; [def insrt Act 18 of 2017 s 4, opn 3 Aug 2017] ‘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, stocks of ﬁsh and any generally accepted or the interdependence of Service 0 34 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 14 Date: 6/8/2021 Time: 9:53:59 bwpageid:: 34:: bwservice::0:: s 3 FISHERIES ACT 1997 3 recommended international, regional or sub-regional standards, reference points and accepted conservation and management approaches; ‘tranship’ means to transfer any or all of the ﬁsh on board a vessel to another vessel, either directly or by offloading the ﬁsh to the shore and immediately onto another vessel; [subs (4) am Act 18 of 2017 s 5, opn 3 Aug 2017] ‘vessel’ means any vessel, ship or other water-going craft, carrier or transport vessel, except for a small vessel; and [def insrt Act 18 of 2017 s 4, opn 3 Aug 2017] ‘vessel monitoring system’ or ‘VMS’ means a system of machines which is transmitting and capable wholly or partially in itself of processing, disseminating information obtained by use of location communicator.
an automatic Application (1) 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 vessels, including foreign ﬁshing vessels.
[subs (1) am Act 18 of 2017 s 5, opn 3 Aug 2017] (2) In and in relation to any waters other than ﬁsheries waters, this Act applies, unless the context otherwise requires: (a) to all ﬁshing vessels registered in Nauru and all national ﬁshing vessels, and to all persons on them, or dealing with or having any relevant relationship to them or persons on them; and (b) following hot pursuit conducted in accordance with international 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 vessels.
[subs (2) am Act 18 of 2017 s 5, opn 3 Aug 2017] (3) This Act has extraterritorial application according to its tenor.
35 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 15 Date: 6/8/2021 Time: 9:53:59 bwpageid:: 35:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 36 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 16 Date: 6/8/2021 Time: 9:53:59 bwpageid:: 36:: bwservice::0:: 4 5 PART 2 — FISHERIES MANAGEMENT Management principles (1) Subject to this Act and to any policy directions of the Minister, the utilisation, 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: (a) the principle that Nauru’s ﬁsheries and marine resources shall be managed, developed, conserved and protected as a sustainable asset for future generations; (b) the sustainable utilisation of the ﬁsheries and marine resources of improved social standards, development, Nauru to achieve economic growth, improved resource increased employment and a sound ecological balance; nutritional standards, human (c) the need to follow and adopt internationally recognised and accepted conservation and management measures to ﬁsheries and marine resources, in accordance with the applicable rules and principles of international law; (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; (e) any principles of maximum sustainable yields, allowable levels of ﬁshing, precautionary reference points or total allowable catch which may be supported or adopted by the Republic from time to time; (f) the dependence of the people of Nauru on the ﬁsh and marine resources of ﬁsheries waters for their food and livelihood; (g) the need to avoid adverse impacts on the marine environment, to preserve biodiversity, to maintain the integrity of marine ecosystems and to minimise the risk of long-term or irreversible effects of ﬁshing operations; (h) any relevant international obligations or bilateral or multilateral agreements of the Republic, or applicable rules of international law, relating to the exercise of jurisdiction of the Republic in ﬁsheries waters; (i) any ﬁsheries and marine resources policy of the Republic; and (j) any Fishery Strategy drawn up in accordance with this Act.
Foreign ﬁshing and ﬁsheries principles 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 ﬁshing vessel, the Minister, the Authority or the Chief Executive Officer, as the case may be, shall have regard to: (a) whether the state to which that person or vessel belongs has cooperated the with the Republic in, and made substantial contributions to, 37 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 17 Date: 6/8/2021 Time: 9:53:59 bwpageid:: 37:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 5 development of Nauru’s ﬁshing industry, ﬁshery research and the identiﬁcation and management of ﬁshing resources; (b) any rights of a reciprocal nature granted to Nauruan citizens or vessels by that state; (c) whether that state, its ﬁshing associations and its ﬁshing vessels have cooperated with the Republic in the enforcement of ﬁshing laws, the undertaking of ﬂag state responsibility and the conservation and management of ﬁshing resources, including the provision of information for those purposes; (d) whether, and to what extent, the ﬁshing vessels of that state have traditionally engaged in such ﬁshing; (e) the good standing or otherwise of any foreign ﬁshing vessel involved; and international, regional or sub-regional obligations of the (f) any relevant Republic, or applicable rules of international law, relating to the exercise of jurisdiction of the Republic over any part of ﬁsheries waters.
[s 5 am Act 18 of 2017 s 5, opn 3 Aug 2017] Agreements and arrangements The Republic may enter into conventions, treaties, agreements or arrangements which provide for: (a) the terms and conditions of access to ﬁsheries waters by foreign ﬁshing vessels and licencing procedures in respect of foreign ﬁshing vessels; (b) the administration of any 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; (c) the taking of joint, reciprocal or harmonised surveillance and enforcement measures in respect of foreign ﬁshing vessels; (d) the sharing or apportionment of any penalties imposed by a court, whether within Nauru or elsewhere, 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 ﬁshing vessels.
[s 6 am Act 18 of 2017 s 5, opn 3 Aug 2017] Provision of information (1) The Chief Executive Officer shall make such arrangements and take such measures as may be appropriate to enable him or her 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 or sub-regional organisations may include information about: (a) catch and effort statistics in respect of ﬁshing operations in ﬁsheries waters; (b) relevant biological and statistical data; (c) relevant written laws of the Republic; and (d) actions with respect to decisions taken and mutually agreed upon between the Republic and the organisation.
(3) The information that may be provided to and exchanged with states with 6 7 Service 0 38 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 18 Date: 6/8/2021 Time: 9:54:0 bwpageid:: 38:: bwservice::0:: s 8 FISHERIES ACT 1997 and enforcement may surveillance, monitoring which the Republic has reached agreement concerning cooperation in ﬁsheries include information about: (a) the location and movement of foreign ﬁshing vessels; (b) foreign ﬁshing vessel licencing; (c) ﬁsheries surveillance and law enforcement activities; (d) evidentiary material; and (e) such other information as appears to him or her to be necessary or desirable to assist those states to enforce their ﬁsheries laws and to deter breaches of those laws.
[subs (3) am Act 18 of 2017 s 5, opn 3 Aug 2017] (4) Where he or she has reason to believe that a foreign ﬁshing vessel has engaged in activities that undermine any internationally, 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: (a) provide to the appropriate authorities of the ﬂag state of the vessel such information, including evidentiary material, relating to those activities, as may be necessary to assist the ﬂag state in identifying the vessel; (b) when the vessel is voluntarily in the port of Nauru, promptly notify the appropriate authorities of the ﬂag state of the vessel accordingly; and (c) take such measures as appear to him or her to be necessary or desirable in order to secure compliance by the vessel 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 vessel.
[subs (4) am Act 18 of 2017 s 5, opn 3 Aug 2017] 8 Access agreements (1) The Republic may enter into an access agreement with another state or with the ﬁshing association or a similar body of another state, to provide for the licencing of foreign ﬁshing vessels under this Act.
[subs (1) am Act 18 of 2017 s 5, opn 3 Aug 2017] (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 exclusive ﬁsheries sovereignty management authority over its ﬁsheries waters and the resources of those waters; the Republic’s 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 vessels 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.
[subs (2) am Act 18 of 2017 s 5, opn 3 Aug 2017] (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 include provisions as to the obligations of any operator of a vessel covered by the agreement to implement, or to recognise 39 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 19 Date: 6/8/2021 Time: 9:54:0 bwpageid:: 39:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 8 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.
[subs (4) am Act 18 of 2017 s 5, opn 3 Aug 2017] (5) An access agreement may include a requirement that all or any of the vessels licenced under the agreement shall be ﬁtted with an approved automatic location communicator.

[subs (5) am Act 18 of 2017 s 5, opn 3 Aug 2017] (6) Every access 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) 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) The Minister may, on the advice of the Authority, from time to time determine the maximum numbers of licences that may be issued in respect of a ﬁshery or a ﬁsheries activity.

(3) A determination under subsection (1) or (2) may be made irrespective of whether any Fisheries Strategy has been drawn up under Section 10.

9 10 Fishery Strategies (1) The Authority may, and where the Minister requires it to, shall draw up a Fishery Strategy in respect of any ﬁshery.
(2) A Fishery Strategy shall: (a) identify the ﬁshery and its characteristics, including its current state of exploitation; (b) specify the objectives to be achieved in the management of the ﬁshery; (c) identify any possible adverse environmental effects of ﬁshing operations in the ﬁshery, together with proposals for the management of those effects; (d) specify the management and development strategies to be adopted for the ﬁshery; (e) ascertain precautionary reference points for the ﬁshery, in accordance with internationally accepted principles, which can be used to trigger pre-agreed conservation and management action in relation to the ﬁshery; (f) specify the limitations, if any, to be applied to the issue of licences in respect of the ﬁshery; (g) specify, in international units appropriate 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 vessels; and Service 0 40 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 20 Date: 6/8/2021 Time: 9:54:0 bwpageid:: 40:: bwservice::0:: s 12 FISHERIES ACT 1997 (h) specify the statistical and other data required to be given or reported for effective management and development of the ﬁshery.
[subs (2) am Act 18 of 2017 s 5, opn 3 Aug 2017] (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; and (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.
11 Fishing prohibitions (1) The Minister may, by notice in the Gazette, prohibit ﬁshing or a ﬁsheries activity in any of the following ways: (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 vessel; (g) by ﬁshing method; (h) by the use, carrying on board a vessel 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 vessel or possess a class, type, size or quantity of ﬁshing equipment, navigational or safety equipment or equipment used in connection with a ﬁsheries activity; (j) by class, type, category or manner of conduct of a ﬁsheries activity; (k) by time, date or season, or by period, or indeﬁnitely; or (l) by class or category of persons.
[subs (1) am Act 8 of 2011 s 12 and Sch 1[68], opn 15 Apr 2011; Act 18 of 2017 s 5, opn 3 Aug 2017] (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 3 months.

12 General licencing provisions (1) The Chief Executive Officer may grant a permit, licence or authorisation to a person to use a vessel for ﬁshing or a ﬁsheries activity in accordance with this Act.
(2) A permit, licence or authorisation issued under this Act shall be in the prescribed form and is subject to the following conditions: 41 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 21 Date: 6/8/2021 Time: 9:54:0 bwpageid:: 41:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 12 (a) a pre-ﬁshing inspection may be conducted in a port determined by the Chief Executive Officer prior to the issuance of the permit, licence and/or authorisation; (b) any other conditions imposed by this Act; (c) any conditions as may be prescribed by regulations; and (d) any ﬁsheries management plan and strategy.
(3) The Chief Executive Officer may impose additional general conditions on all permits, licences and authorisations issued pursuant to Section 12(2).

(4) The Chief Executive Officer may attach special conditions to any permit, licence or authorisation.
(5) The Chief Executive Officer may from time to time vary any special condition applied to a permit, licence or authorisation under Section 12(4), if he or she is satisﬁed that it is expedient to do so for the proper management of ﬁsheries in Nauru waters.
(6) A general condition issued under Section 12(3) or a special condition issued under Section 12(4) shall be consistent with this Act, including any applicable ﬁshery management plan and strategy, access agreement or multilateral agreement, Convention, Treaty or ﬁsheries arrangement to which Nauru is party.

(7) Where a special condition has been varied under Section 12(5), the Chief Executive Officer shall notify the permit, licence or authorisation holder as soon as possible.
(8) A permit, licence or authorisation shall not be issued or given, unless the required fee is paid according to this Act or any applicable access agreement.

(9) A permit, licence or authorisation is deemed invalid if any fee due remains unpaid after it falls due.
[s 12 subst Act 18 of 2017 s 6, opn 3 Aug 2017] Term of licence or authorisation (1) A foreign ﬁshing licence is, unless earlier suspended or cancelled, valid for a period not more than 1 year, or such lesser period speciﬁed in an applicable multilateral access agreement.

(2) The term of a foreign ﬁshing licence may not extend beyond the term of any applicable multilateral access agreement.

(3) A national ﬁshing licence is valid for such period not exceeding 1 year as is speciﬁed in the licence.
(4) The term of a game ﬁshing licence may not extend beyond 1 year as speciﬁed in the licence.

(5) Where a vessel licenced as a national ﬁshing vessel becomes a foreign ﬁshing vessel, the national ﬁshing vessel licence is deemed to be rendered as invalid.

(6) A licence shall not be transferred to any other vessel, except with the written authority of the Chief Executive Officer unless otherwise provided under an applicable multilateral access agreement.
(7) The term for an authorisation issued pursuant to this Act shall not extend 12A beyond 1 year.
[s 12A insrt Act 18 of 2017 s 7, opn 3 Aug 2017] Service 0 42 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 22 Date: 6/8/2021 Time: 9:54:0 bwpageid:: 42:: bwservice::0:: s 12C 12B FISHERIES ACT 1997 Refusal to issue a licence or authorisation (1) Subject to subsection (2), the Chief Executive Officer shall not issue a licence or authorisation, if: (a) the application is not in accordance with the requirements of this Act or any applicable access agreement; (b) the required fees have not been paid in accordance with this Act or any applicable access agreement, or the applicant has not been able to establish that he or she has the means to make the payments when they fall due; (c) the vessel or person associated with the vessel has previously breached this Act or any applicable access agreement; or (d) other prescribed conditions have not been met or are likely not to be met in the future.
(2) The Chief Executive Officer may issue the licence or authorisation to ﬁsh subject to payment of an appropriate performance bond by the applicant if the Chief Executive Officer is of the opinion that: (a) an applicant may not be able to make payments under this Act or any applicable access agreement; or (b) a person associated with the vessel has previously been involved in a breach of this Act or any applicable access agreement.

(3) A bond payable under subsection (2) shall not be less than $500,000.
[s 12B insrt Act 18 of 2017 s 8, opn 3 Aug 2017] 12C Suspension and cancellation of licences and authorisations (1) Subject to subsection (3), the Chief Executive Officer may suspend or cancel a licence or an authorisation, if he or she is satisﬁed that: (a) information required to be given or reported under this Act or any applicable access agreement is false, incomplete, incorrect, misleading or not provided when required; (b) it is necessary to do so in order to give effect to any policy changes speciﬁed in a ﬁshery management plan or strategy; (c) the operator is the subject of bankruptcy proceedings under the insolvency laws of any jurisdiction and satisfactory ﬁnancial assurance has not been provided; (d) the vessel in respect of which the licence or authorisation has been issued, has been used in contravention of this Act; (e) payment has not been made and is overdue in relation to any fees, charges, royalties and other payment required under any other Act, or for any penalty or ﬁne in relation to a breach of any other Act; or (f) the operator of the vessel has breached any applicable access agreement or any obligation or requirement imposed by a Convention, Treaty or other international arrangements, or has committed an offence against the written laws of the Republic.
(2) Where a licence or authorisation is suspended or cancelled under this Section, written notiﬁcation of the suspension or cancellation shall be given to the holder of a licence or authorisation.

(3) Where a foreign ﬁshing licence or authorisation is issued by an administrator pursuant to a multilateral agreement, it may be suspended or cancelled only in accordance with the terms of that multilateral agreement.
43 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 23 Date: 6/8/2021 Time: 9:54:1 bwpageid:: 43:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 12C (4) Where a licence is suspended or cancelled by the Chief Executive Officer in order to give effect to any policy changes speciﬁed in a ﬁshery management plan or strategy, a proportion of any fee paid for the licence representing the unexpired period of that licence is to be reimbursed to the licencee at the licencee’s request.
[s 12C insrt Act 18 of 2017 s 9, opn 3 Aug 2017] 12D Observance of other laws A licence or authorisation issued under this Act does not relieve the holder, operator or crew of a licenced vessel of any obligation or requirement imposed by written law concerning navigation, shipping, health, customs, immigration or any other matter.
[s 12D insrt Act 18 of 2017 s 10, opn 3 Aug 2017] 12E Request for reconsideration of denied licence or authorisation (1) Where the Chief Executive Officer has decided to refuse, suspend or cancel the applicant or holder of the licence or a licence or authorisation, authorisation may resubmit the application in writing to the Chief Executive Officer for reconsideration within 30 days of being notiﬁed of the refusal, suspension or cancellation.
(2) A written request for reconsideration under subsection (1) shall be accompanied by relevant information.

[s 12E insrt Act 18 of 2017 s 11, opn 3 Aug 2017] 12F National Fisheries Register of licences and authorisations (1) The Chief Executive Officer shall maintain a National Fisheries Register of licences and authorisations issued under this Act.
(2) The Register shall contain the following information: (a) the nature of the activity licenced or authorised; (b) the particulars of the vessel, or person licenced or authorised; (c) the term of each licence or authorisation; (d) any action taken in respect of the licence or authorisation issued under this Act; (e) the result of any appeal affecting the licence or authorisation considered under Section 37; and (f) any other matter that is prescribed.
[s 12F insrt Act 18 of 2017 s 12, opn 3 Aug 2017] 12G Information to be accurate (1) A person who is required to provide, notify, communicate or report any information under this Act shall ensure that any information provided, notiﬁed, communicated or reported is true, complete and correct.

(2) A person shall immediately notify the Chief Executive Officer of any change of circumstance which results in any information provided under subsection (1) as being false, misleading, incomplete or incorrect.
(3) A person who contravenes this Section, commits an offence and upon conviction is liable to a ﬁne not exceeding $150,000.
[s 12G insrt Act 18 of 2017 s 13, opn 3 Aug 2017] Service 0 44 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 24 Date: 6/8/2021 Time: 9:54:1 bwpageid:: 44:: bwservice::0:: PART 2A — REGISTRATION OF FISHING VESSELS ON THE REGISTER BOOK ESTABLISHED UNDER THE SHIPPING REGISTRATION ACT 1968 [Pt 2A heading insrt Act 18 of 2017 s 14, opn 3 Aug 2017] DIVISION 1 — REGISTRATION REQUIREMENTS [Div 1 heading insrt Act 18 of 2017 s 15, opn 3 Aug 2017] 12H Requirements for registration of ﬁshing vessels in the register book established under the Shipping Registration Act 1968 (1) Despite the requirements for registration under the Shipping Registration Act 1968, a ﬁshing and support vessel shall not be entered in the register book unless all additional requirements in this Act are satisﬁed.
(2) The registration of a ﬁshing vessel in the register book be carried out in a manner consistent with obligations under any: (a) International or Regional Arrangements to which Nauru is a party; and (b) arrangements Nauru is a party to, including international conservation and management measures and resolutions relating to effort and catch limits and the prevention, deterrence, and elimination of illegal, unreported and unregulated ﬁshing or related activity in support of such ﬁshing.
(3) For the purposes of verifying any engagement in illegal, unreported and unregulated ﬁshing or related activity in support of such ﬁshing, a ﬁshing vessel shall not: (a) at any time, be listed on the illegal, unreported and unregulated ﬁshing list of any regional ﬁsheries management organisation or vessel arrangement; (b) have committed any illegal, unreported and unregulated ﬁshing or related activity in support of such ﬁshing; (c) have been owned by an operator or beneﬁcial owner who is known to have another vessel on the illegal, unreported and unregulated ﬁshing vessel list of any regional ﬁsheries management organisation or arrangement; or (d) have been operating, or have previously operated in a manner inconsistent with any obligations or requirements of international conservation and management measures and resolutions.
(4) The operator of a ﬁshing vessel shall provide true, complete and accurate information when required to do so under this Section.
[s 12H insrt Act 18 of 2017 s 16, opn 3 Aug 2017] Entry and maintenance of registration in the register book For the purposes of entry and the maintenance of registration in the register book, a person applying for registration shall: (a) demonstrate that the vessel has not been removed from its previous registry, and that there are no outstanding or pending penalties from the ﬂag state of that registry; (b) demonstrate that the vessel and its owner or operator have good standing on the Regional Register, Parties to the Nauru Agreement Vessel Register, Western Central Paciﬁc Fisheries Commission Record of Fishing Vessels, 45 Service 0 12I Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 25 Date: 6/8/2021 Time: 9:54:1 bwpageid:: 45:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 12I Western Central Paciﬁc Fisheries Commission Interim Register of Non-CCM carriers and bunkers, or regional ﬁsheries management organisations to which the Republic is a member, and such good standing has not been suspended or withdrawn; (c) provide a statutory declaration that the vessel and its owner or operator have not engaged in driftnet ﬁshing activities; and (d) demonstrate that the vessel and its owner or operator have no outstanding or pending judicial issues with any coastal State of a regional ﬁsheries management organisation to which the Republic is a member.
[s 12I insrt Act 18 of 2017 s 17, opn 3 Aug 2017] Obligation of operators applying for registration An operator of a ﬁshing vessel applying for registration shall: (a) comply with all reporting and monitoring, control, surveillance and enforcement measures, relevant and applicable legal requirements stipulated under this Act, and any other written laws of the Republic; including all (b) comply with terms and conditions of licences issued pursuant to this Act; installs an approved automatic location (c) ensure that communicator and operate such unit properly at all times and report automatically to the Nauru Vessel Monitoring System; the ﬁshing vessel 12J (d) pay in full necessary fees as may be prescribed from time to time; (e) ensure that fully complies with all applicable international conservation and management measures and resolutions; and (f) undertake that the ﬁshing vessel is to remain under the Nauru ﬂag for a the ﬁshing vessel continuous minimum period of 5 years.
[s 12J insrt Act 18 of 2017 s 18, opn 3 Aug 2017] [Div 2 heading insrt Act 18 of 2017 s 19, opn 3 Aug 2017] DIVISION 2 12K Nauru record of ﬁshing vessels (1) The Authority shall maintain a record of all ﬁshing vessels entitled to ﬂy the ﬂag of Nauru that are authorised to ﬁsh pursuant to this Act outside the ﬁsheries waters of Nauru.

(2) The record of ﬁshing vessels is to be called the Nauru Record of Fishing Vessels.
(3) Subject to subsection (4), the record shall contain the following information: (a) the vessel’s name, previous names if known, registration numbers and port of registry; (b) the vessel’s previous ﬂags if any; (c) the vessel’s International Radio Call Sign if any; (d) the names, addresses and details of the vessel’s beneﬁcial owners and operators; (e) where and when the vessel was built; (f) the type of vessel; (g) the vessel’s length; (h) the type of ﬁshing method or methods; (i) the moulded depth of the vessel; Service 0 46 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 26 Date: 6/8/2021 Time: 9:54:1 bwpageid:: 46:: bwservice::0:: s 12N FISHERIES ACT 1997 (j) the beam of the vessel; (k) the gross tonnage and gross registered tonnage of the vessel; (l) the power of the main engine or engines of the vessel; (m) vessel navigation and position ﬁxing equipment; (n) speciﬁcations of the mobile transceiver unit of the vessel; (o) processing equipment; and (p) intended area of operation, intended port of discharge and species to be targeted.
(4) Despite subsection (3), the Authority may require further information to be provided if such information is necessary in order for the Republic to comply with: (a) relevant measures adopted by any regional or sub-regional ﬁsheries management organisation; or (b) arrangement of which the Republic is a member.

(5) The Nauru Record of Fishing Vessels may be in addition to any requirements for registration of vessels entitled to ﬂy the ﬂag of Nauru.
(6) The owner, operator, charterer, or lessee of a ﬁshing vessel entitled to ﬂy the ﬂag of Nauru, who knowingly provides false information under subsection (3), commits an offence punishable on conviction by a ﬁne not exceeding $1,000,000 or a term of imprisonment not exceeding 5 years.
[s 12K insrt Act 18 of 2017 s 20, opn 3 Aug 2017] Disclosure of information on the record of Nauru ﬁshing vessels For the purposes of complying with Nauru’s international obligations, the Authority may provide to any foreign government, international, regional or subregional ﬁsheries management organisation, any information on the record including: (a) additions to the Record; (b) deletions from the Record; (c) the withdrawal of any authorisation to ﬁsh; and (d) information that a vessel is no longer entitled to ﬂy the ﬂag of Nauru.
[s 12L insrt Act 18 of 2017 s 21, opn 3 Aug 2017] 12L 12M Penalties for ﬁshing without providing information (1) The owner, operator, charterer, or lessee of any ﬁshing vessel entitled to ﬂy the ﬂag of Nauru who engages in ﬁshing outside the ﬁsheries waters of Nauru without providing the information required under Section 12K commits an offence and upon conviction is liable to a ﬁne not exceeding $500,000 or to a term of imprisonment not exceeding 5 years or both.
In addition to the penalty under subsection (1), the Authority may cancel any licence issued, if the vessel has been found guilty of contravening the requirements of this Section.
(2) [s 12M insrt Act 18 of 2017 s 22, opn 3 Aug 2017] DIVISION 3 — FISHING BY NATIONAL FISHING VESSELS BEYOND NAURU WATERS [Div 3 insrt Act 18 of 2017 s 23, opn 3 Aug 2017] This Division applies: (1) beyond Nauru waters; and 47 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 27 Date: 6/8/2021 Time: 9:54:1 bwpageid:: 47:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 12N (2) to any National ﬁshing vessel and any act or omission occurring on or by such a vessel, wherever that vessel may be; and (3) to any act or omission by an authorised officer whether within or beyond Nauru waters.
12N Application for an authorisation to ﬁsh (1) The operator of a National ﬁshing vessel who intends to carry out ﬁshing or related activities beyond Nauru ﬁsheries waters is to apply to the Chief Executive Officer for an authorisation to ﬁsh in respect of that vessel.

(2) An application for an authorisation to ﬁsh is to be: (a) made in the manner and form prescribed; and (b) accompanied by prescribed fees, including but not limited to the: (i) application fee; and (ii) authorisation to ﬁsh fee.
(3) The application under subsection (2) shall contain the following: (a) the vessel’s name, previous names if known, registration numbers and port of registry; (b) the vessel’s previous ﬂags if any; (c) the vessel’s International Radio Call Sign if any; (d) the names, addresses and details of the vessel’s owners and operators; (e) where and when the vessel was built; (f) the type of vessel; (g) the vessel’s length; (h) the type of ﬁshing method or methods; (i) the moulded depth of the vessel; (j) the beam of the vessel; (k) the gross tonnage and gross registered tonnage of the vessel; (l) the power of the main engine or engines of the vessel; (m) the vessel’s navigation and position ﬁxing equipment; (n) the speciﬁcations of the mobile transceiver unit on the vessel; (o) any processing equipment; (p) the intended area of operation, intended port of discharge and species to be targeted; (q) the name and address of an agent based in Nauru who: (i) has legal authority to act on behalf of the vessel and its operator; and (ii) is to receive formal communications under this Act; (r) details of the beneﬁcial ownership of the vessel; and (s) any other information or relevant documentation the Chief Executive to international Officer requires for the purpose of giving effect conservation and management measures and resolutions.
(4) The Chief Executive Officer shall notify the applicant of the decision to issue the authorisation within 30 days of receiving the application.

(5) A person who knowingly or recklessly provides any information required to be given under this Section which is false commits an offence and upon conviction is liable to a ﬁne not exceeding $100,000.

(6) The Chief Executive Officer may suspend or cancel the authorisation of a person who is convicted of an offence under subsection (5).
[s 12N insrt Act 18 of 2017 s 24, opn 3 Aug 2017] Service 0 48 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 28 Date: 6/8/2021 Time: 9:54:2 bwpageid:: 48:: bwservice::0:: s 12P FISHERIES ACT 1997 12O Power of Chief Executive Officer to grant authorisation (1) The Chief Executive Officer shall not grant an authorisation under this 12P Section, if he or she is satisﬁed that: (a) the vessel, its owners, charterers or operators are not in good standing on the regional register maintained by the Forum Fisheries Agency; (b) the vessel is on a list of ﬁshing vessels maintained by a regional ﬁsheries management organisation of vessels that are believed to have engaged in illegal, unreported or unregulated ﬁshing; (c) it has been established that the vessel has been involved in the commission of a serious violation of an international conservation and management measure, until such time as all outstanding sanctions imposed under the written laws of the Republic in respect of the violation have been complied with, or (d) there is reasonable belief that the vessel has engaged in trafficking of people, ﬁrearms or drugs, or has treated ﬁsh workers and observers on board in a cruel or inhumane manner.
(2) The Chief Executive Officer may grant an authorisation under this Section if: (a) the ownership of the vessel has changed since the vessel undermined international conservation and management the effectiveness of measures and resolutions; and (b) the new owner has provided sufficient evidence to the Chief Executive Officer demonstrating that the previous owner or operator no longer has any legal, beneﬁcial or ﬁnancial interest in the vessel.
[s 12O insrt Act 18 of 2017 s 25, opn 3 Aug 2017] Power not to issue an authorisation (1) The Chief Executive Officer shall not issue an authorisation to ﬁsh unless satisﬁed that Nauru will be able to exercise its responsibilities under applicable international conservation and management measures and resolutions with respect to that vessel.
(2) The Chief Executive Officer shall not issue an authorisation to a vessel, if that vessel was previously authorised to be used for ﬁshing on the high seas by a foreign State, and: (a) the foreign State suspended the authorisation as a result of the vessel undermining the effectiveness of international conservation and management measures and resolutions and the suspension has not expired; (b) the foreign State, within the last 3 years preceding the application for an authorisation under this Section, withdrew the authorisation as a result of the vessel undermining the effectiveness of international conservation and management measures and resolutions; or (c) that at the time of application, the vessel is on a list of vessels maintained by a global or regional ﬁsheries management organisation that are believed to have engaged in illegal, unregulated or unreported ﬁshing.
(3) A person who knowingly or recklessly provides any information required to be given under this Section which is false commits an offence and upon conviction is liable to a ﬁne not exceeding $500,000.
[s 12P insrt Act 18 of 2017 s 26, opn 3 Aug 2017] 49 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 29 Date: 6/8/2021 Time: 9:54:2 bwpageid:: 49:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 12Q 12Q Conditions applying to an authorisation to ﬁsh (1) An authorisation shall contain the following conditions: (a) the vessel to which the authorisation to ﬁsh relates shall be marked in accordance with this Act; (b) the vessel shall not engage in any activities which undermine the effectiveness of international conservation and management measures and resolutions; and (c) the holder of the authorisation to ﬁsh shall report such information as the Chief Executive Officer requires, including the area of ﬁshing operations, vessel position and catch statistics.
(2) The Chief Executive Officer may, by means of conditions attached to an authorisation, introduce such measures as are necessary and appropriate to implement obligations under the treaties, conventions, or other agreements to which Nauru is a party and applicable international conservation and management measures and resolutions including, but not limited to, the following: (a) the area or areas in which ﬁshing is authorised; (b) the period, authorised; times or particular voyages during which ﬁshing is (c) the descriptions, quantities and size of ﬁsh that may be taken; (d) the method of ﬁshing to be undertaken and type of gear to be used; (e) the marking of gear; (f) a requirement that the vessel carry observers on board during ﬁshing operations on the high seas; (g) a requirement that access be permitted to foreign observers; (h) a requirement that an approved mobile transceiver unit be carried, and the requirements governing its operation; (i) measures to be taken to avoid catching non-targeted species; (j) requirements for recording and timely reporting of vessel position, catch of target and non-target species, ﬁshing effort and other relevant ﬁsheries data; (k) requirements for verifying the catch of target, non-target species and discards; (l) the requirements for the authorisation of transhipments at a designated port including the presence of an observer and/or port sampler, operation of approved mobile transceiver unit at all times, reporting of catch transhipped by species and quantity, and notiﬁcations; or (m) the stowage of gear.
it (3) The Chief Executive Officer may vary any conditions attached to an authorisation if he or she is satisﬁed that is necessary to ensure compliance with Nauru’s obligations under a treaty, convention or agreement to which Nauru is a party, or in respect of any applicable international conservation and management measures and resolutions.
(4) Where the Chief Executive Officer varies a condition attached to an authorisation, he or she shall notify the agent or the holder of the authorisation of the variation within 30 working days.

(5) Where conditions are varied under subsection (3), the holder of the authorisation shall comply with the conditions within 30 working days after being notiﬁed.
(6) Where it is necessary to implement international conservation and Service 0 50 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 30 Date: 6/8/2021 Time: 9:54:2 bwpageid:: 50:: bwservice::0:: s 12T FISHERIES ACT 1997 12R 12S management measures, relating to the living resources of the high seas as a matter of urgency, the Chief Executive Officer may set a period of not less than 30 working days by which time compliance with the conditions of a licence varied under subsection (3), shall be observed.
(7) Where the operator of the vessel is not in Nauru, the agent under Section 12N(3)(q), is deemed to be the operator of the vessel for the purposes of the institution of proceedings for an offence committed by such vessel.

(8) An authorisation to ﬁsh is not transferrable.

[s 12Q insrt Act 18 of 2017 s 27, opn 3 Aug 2017] Validity of an authorisation (1) An authorisation is valid for a period of not more than 1 year.
(2) An authorisation to ﬁsh is void in the event that the vessel in respect of which it was granted is no longer entitled to ﬂy the ﬂag of Nauru.
[s 12R insrt Act 18 of 2017 s 28, opn 3 Aug 2017] Cancellation or suspension of an authorisation (1) The Chief Executive Officer may cancel or suspend an authorisation if: (a) it appears to him or her that it is necessary to do so for the conservation or management of living marine resources in the high seas; (b) he or she has reason to believe that the vessel has engaged in illegal, unreported, or unregulated ﬁshing; (c) he or she has reason to believe that the vessel has been used in the commission of a serious violation of an conservation and management measure; or (d) the vessel has been involved in trafficking of people, trafficking of ﬁrearms, drug trafficking, or has treated ﬁsh workers and observers on board in a cruel or inhumane manner.
(2) Prior to the suspension or cancellation of an authorisation under subsection (1), the holder of the authorisation shall be: (a) informed by written notice of the intention to cancel or suspend, giving reasons for such action; and (b) invited to make written submissions in response to the written notice.

(3) The Chief Executive Officer shall consider the submission made under to suspend or cancel an in deciding whether or not subsection (2), authorisation.
(4) The decision of the Chief Executive Officer shall be ﬁnal.
[s 12S insrt Act 18 of 2017 s 29, opn 3 Aug 2017] 12T Fishing in contravention of an authorisation to ﬁsh (1) Where a Nauruan ﬁshing vessel is used without an authorisation or in contravention of a condition or restriction contained in the authorisation, the master, owner, charterer and operator of the vessel commits an offence and are jointly and severally liable to a ﬁne not exceeding $250,000 or to a term of imprisonment not exceeding 2 years or both.
In addition to the penalty under subsection (1), the court may also order the conﬁscation of the vessel concerned.
[s 12T insrt Act 18 of 2017 s 30, opn 3 Aug 2017] (2) 51 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 31 Date: 6/8/2021 Time: 9:54:2 bwpageid:: 51:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 12U DIVISION 4 — USE OF FISHING VESSELS FLAGGED TO OTHER COUNTRIES ON THE HIGH SEAS [Div 4 heading insrt Act 18 of 2017 s 31, opn 3 Aug 2017] 12U 12V Use of vessels of other ﬂags by Nauruan citizens or Nauruan corporations or companies on the high seas (1) A citizen of Nauru or a Nauruan corporation shall not use a vessel registered in another country for ﬁshing or related activities on the high seas, except in accordance with a qualifying authorisation issued by the ﬂag State.
(2) A qualifying authorisation may be issued: (a) by a State that is a party to the Fish Stocks Agreement; (b) by a State that is a party to or has accepted the obligations of a global, regional or subregional ﬁsheries organization or arrangement; or (c) by a State that: (i) is a signatory to the Fish Stocks Agreement; and (ii) has legislative and administrative mechanisms to control its vessel on the high seas in accordance with that agreement.
(3) A person who contravenes subsection (1), commits an offence and upon conviction is liable to a ﬁne not exceeding $1,500,000 or to a term of imprisonment not exceeding 2 years or both.

In addition to the penalty imposed under subsection (3), the court may also order the conﬁscation of the vessel concerned.
(4) [s 12U insrt Act 18 of 2017 s 32, opn 3 Aug 2017] Use of National ﬁshing vessels in the jurisdiction of another State (1) A person shall not use a ﬁshing vessel for ﬁshing or related activities: (a) in an area under the national jurisdiction of a foreign country except in accordance with the laws of that country and with an authorisation issued in accordance with this Section; (b) in an area subject to a multilateral access agreement or related agreement, except in accordance with that agreement; (c) on the high seas except in accordance with an authorisation to ﬁsh issued in accordance with this Section; or (d) in an area subject to international conservation and management measures and resolutions, except in accordance with those measures.
(2) Where a vessel is used in contravention of subsection (1), the operator and master of such vessel each commits an offence and upon conviction is liable to a ﬁne not exceeding $250,000, or by a term of imprisonment not exceeding 2 years or both.

In addition to the penalty imposed under subsection (2), the court may also order the conﬁscation of the vessel concerned.
(3) [s 12V insrt Act 18 of 2017 s 33, opn 3 Aug 2017] 12W Investigation of breaches and non-compliance (1) The Chief Executive Officer shall investigate the ﬁshing and related activities of any vessel to which this Section applies if: Service 0 52 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 32 Date: 6/8/2021 Time: 9:54:2 bwpageid:: 52:: bwservice::0:: s 12X FISHERIES ACT 1997 (a) a complaint is made to the Chief Executive Officer concerning that vessel by an administrator responsible for the implementation and enforcement of any treaty; (b) the Registrar of Foreign Vessels refers a matter to the Chief Executive Officer involving an allegation of breach of a condition of an authorisation to ﬁsh under this Section by a vessel registered under the Shipping Registration Act 1968; or (c) the Chief Executive Officer has any other reason to believe that a breach of any condition of an international authorisation to ﬁsh under this Section may have been committed by a vessel to which this Section applies.
(2) The Chief Executive Officer shall notify the master, owner and charterer of any vessel under is conducting an investigation into the ﬁshing and related activities of that vessel, and the master, owner and charterer shall each: (a) provide such information, data and documentation as is required by the the Chief Executive Officer investigation that Chief Executive Officer; (b) answer such speciﬁc questions concerning the ﬁshing and related activities of the vessel under investigation; and (c) cooperate with any investigator authorised by the Chief Executive Officer in relation to the investigation and permit the investigator to have full access to all records and to the crew of the vessel for questioning.
(3) A master, owner or charterer who fails to comply with subsection (2) or who otherwise obstructs an investigation under this Section, commits an offence and upon conviction is liable to a ﬁne not exceeding $500,000.
(4) For the purposes of conducting an investigation under this Section, the Chief Executive Officer may authorise a person to conduct the investigation on his or her behalf, and in such a case the authorised person may exercise all the powers of the Chief Executive Officer under this Section.
(5) The Chief Executive Officer shall provide a report of any investigation conducted under this Section to: (a) the Minister; (b) the Registrar of Foreign Vessels; (c) the administrator responsible for the implementation and enforcement of any Treaty, Convention or arrangements whose obligations and requirements may have been breached by the vessel under investigation; and (d) the master, owner and charterer of the vessel under investigation.
[s 12W insrt Act 18 of 2017 s 34, opn 3 Aug 2017] 12X Penalties for breaches of conditions or non-observance of obligations (1) A person, who in the course of ﬁshing or related activities of a vessel to which this Section applies commits an offence and upon conviction is liable to a ﬁne not exceeding $250,000 or a term of imprisonment not exceeding 2 years if he or she: (a) breaches a condition applying to that vessel under an authorisation to ﬁsh under this Section; or 53 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 33 Date: 6/8/2021 Time: 9:54:2 bwpageid:: 53:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 12X (b) fails to observe an applicable obligation or requirement of a Convention, Treaty or Arrangement.
(2) In addition to the penalty imposed under subsection (1), the court may also order the conﬁscation of the vessel concerned.
(3) Where a vessel used for ﬁshing or related activities is in breach of a condition applying to an authorisation to ﬁsh, or in breach of an obligation or requirement of a Convention, Treaty and Arrangement: (a) the owner and charterer are jointly and severally liable to pay the costs incurred in any investigation under Section 12W; (b) the master, owner, charterer and any other person convicted of an offence under this Part are jointly and severally liable to pay the costs of the prosecution undertaken in respect of the breach, as determined by the court; (c) the Chief Executive Officer shall notify the Regional Register and any other relevant register of the breach; and (d) the Chief Executive Officer shall notify the Registrar of Foreign Vessels of the breach and provide such further related information as the Registrar may request.
[s 12X insrt Act 18 of 2017 s 35, opn 3 Aug 2017] Access to information held by the Registrar of Foreign Vessels (1) For any purpose related to his or her functions under this Act, the Chief Executive Officer may request that the Registrar of Foreign Vessels make available any information that it has concerning a vessel to which this Section applies.
(2) Where the Registrar of Foreign Vessels considers that certain information concerning a vessel to which this Section applies is conﬁdential, it is to make it available to the Chief Executive Officer on a conﬁdential basis for every purpose other than one relating to the conduct of a prosecution in relation to the vessel.
(3) Subject to subsection (2), all information in the possession of the Registrar of Foreign Vessels that has been requested under subsection (1), is to be made available to the Chief Executive Officer as soon as practicable.

(4) Any information concerning a vessel and its ﬁshing and related activities to which this Section applies that is in the possession of the Chief Executive Officer, is to be made available to the Registrar of Foreign Vessels upon request.
[s 12Y insrt Act 18 of 2017 s 36, opn 3 Aug 2017] Obligation to provide ﬁsheries data and catch information (1) The Chief Executive Officer may require a person speciﬁed in subsection (2) to provide within a speciﬁed time catch information, data and any other information in relation to the ﬁshing and related activities of a vessel to which this Section applies.
(2) A request for information and data made under subsection(1), is to be made to: (a) the operator of the vessel; or (b) a person nominated to receive a request in the application for an international authorisation to ﬁsh submitted on behalf of the vessel.
12Y 12Z Service 0 54 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 34 Date: 6/8/2021 Time: 9:54:3 bwpageid:: 54:: bwservice::0:: s 12AA FISHERIES ACT 1997 (3) Where the information requested under subsection (1) is not provided to the Chief Executive Officer within the speciﬁed time the operator, master, owner, charterer and nominated person each commit an offence and upon conviction is liable to a ﬁne not exceeding $250,000 or to a term of imprisonment not exceeding 2 years or both.
In addition to the penalty imposed under subsection (3), the court may also order the conﬁscation of the vessel concerned.

(4) [s 12Z insrt Act 18 of 2017 s 37, opn 3 Aug 2017] DIVISION 5 — INTERNATIONAL FISHERIES UNIT [Div 5 heading insrt Act 18 of 2017 s 38, opn 3 Aug 2017] 12AA International Fisheries Unit (1) The International Fisheries Unit is established.
(2) The Unit has the following functions: (a) collaborate with the Registrar of Nauruan Vessels or Registrar of Foreign Vessels in the registration and oversight of all National and foreign ﬁshing vessels in and beyond Nauru ﬁsheries waters; (b) coordinate the monitoring and control of all National and foreign ﬁshing vessels in and beyond Nauru waters through the vessel monitoring system; (c) collect, analyse and verify catch data, log sheets and any information on all National and foreign ﬁshing vessels; (d) prepare data and reports for submission to regional or sub-regional ﬁsheries management organisations or arrangements to which Nauru is a member or cooperating non Contracting Party; (e) discharge any other obligations of Nauru under a Treaty or agreement to which Nauru is a party, or under regional or sub-regional ﬁsheries management organisations or arrangements to which Nauru is a member or cooperating non Contracting Party; (f) discharge such other functions as the Chief Executive Officer determines; and (g) take responsibility for any matter concerning the compliance by any vessel to which this Section applies, with any condition, obligation or requirement imposed on it by this Section.
[s 12AA insrt Act 18 of 2017 s 39, opn 3 Aug 2017] 55 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 35 Date: 6/8/2021 Time: 9:54:3 bwpageid:: 55:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 56 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 36 Date: 6/8/2021 Time: 9:54:3 bwpageid:: 56:: bwservice::0:: 13 PART 3 — MONITORING AND ENFORCEMENT Observers (1) The Minister 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 licenced vessel at any time, for scientiﬁc, compliance, monitoring and other similar observation functions.
[subs (2) am Act 18 of 2017 s 5, opn 3 Aug 2017] (3) While on board a vessel 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 the vessel; (b) shall be provided with a suitable work area including a table and sufficient lighting to carry out his or her work; (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; (d) shall have full access to the vessel’s documents for the purposes of inspection and copying; (e) shall have reasonable access to navigation equipment and charts and shall be provided upon request with the accurate position of the vessel in latitude and longitude; (f) shall have messages on his or her behalf promptly sent and received by means of the communications equipment aboard the vessel; (g) may take and remove from the vessel samples and relevant information; (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 vessel any photographs or ﬁlm that he or she may have taken or used on board the vessel; (i) shall be allowed and assisted to carry out all duties safely; and (j) shall be embarked and disembarked at times and places as agreed between the observer and the master.
[subs (3) am Act 18 of 2017 s 5, opn 3 Aug 2017] (4) Where the vessel on which the observer is placed is a foreign ﬁshing vessel, the observer shall be provided with: (a) full travel costs to and from the points of embarkation and disembarkation; (b) salary; and (c) full insurance cover in respect of loss of life, medical expenses or personal injury.
[subs (4) am Act 18 of 2017 s 5, opn 3 Aug 2017] 14 Authorised officers (1) The Minister may, by notice in the Gazette, appoint an officer of the Authority as an authorised officer.

(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.
57 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 37 Date: 6/8/2021 Time: 9:54:3 bwpageid:: 57:: bwservice::0:: 15 16 17 LAWS OF THE REPUBLIC OF NAURU s 15 Identiﬁcation of authorised officers and observers An observer or an authorised officer, when exercising any of the powers conferred by this Act, shall on request produce identiﬁcation to show that he or she is an observer or an authorised officer, as the case may be, under this Act.
Offences as cognizable offences For the purposes of Section 10 of the Criminal Procedure Act 1972, an offence under this Act is a cognizable offence.
Powers of authorised officers (1) For the purposes of enforcing this Act, an authorised officer may, without a warrant: (a) stop any foreign ﬁshing vessel or small boat in ﬁsheries waters and any national ﬁshing vessel in or beyond ﬁsheries waters; (b) require the master of the vessel to stop ﬁshing and take the ﬁshing equipment of the vessel back on board; (c) require the master to facilitate the boarding of the vessel by all appropriate means; (d) board the vessel and take with him or her such other persons as he or she may require to assist him or her in the exercise of his or her powers; (e) muster the crew of the vessel; (f) require to be produced, examine and take copies of any document on board the vessel which is required under this Act or relates to the vessel, to ﬁshing by the vessel, to the crew or to a person on board the vessel; (g) require the master to appear and give an explanation concerning the vessel, ﬁshing by the vessel, any crew member or a person on board the vessel and any document referred to in paragraph (f); (h) while on board, make any search, examination or enquiry which he or she considers necessary to ﬁnd out whether any provision of this Act has been contravened; (i) make an entry dated and signed by him or her in a vessel’s log; (j) take or require the master to take the vessel to any place in the Republic or in ﬁsheries waters for the purpose of carrying out any search, examination or enquiry; (k) following hot pursuit carried out in accordance with international law and commenced within ﬁsheries waters, stop, board and search outside ﬁsheries waters any foreign ﬁshing vessel which he or she has reasonable grounds to believe has been used in the commission of an offence against this Act and bring the vessel and all persons and things on board the vessel within ﬁsheries waters; (l) stop, enter and search any vehicle or aircraft which he or she has reasonable grounds to believe is being used or is involved in the commission of an offence against this Act; (m) take samples of any
 ﬁsh found in a vessel, vehicle or aircraft searched under this Section; (n) give such directions to the master and a crew member of any vessel, or the driver or pilot of a vehicle or aircraft stopped, boarded or searched as may be necessary or reasonably expedient for any purpose under this Service 0 58 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 38 Date: 6/8/2021 Time: 9:54:3 bwpageid:: 58:: bwservice::0:: s 18 FISHERIES ACT 1997 Act or to provide for the compliance by the vessel, the vehicle, the aircraft, the master or crew member or the driver or pilot with the conditions of a licence; and (o) arrest a person whom he or she has reasonable grounds to believe has committed an offence under this Act.
[subs (1) am Act 18 of 2017 s 5, opn 3 Aug 2017] (2) Where, following the commission of an offence under this Act by a foreign ﬁshing vessel, the vessel 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.
[subs (2) am Act 18 of 2017 s 5, opn 3 Aug 2017] (3) An authorised officer who has reasonable grounds to believe that an offence under this Act has been or is being committed, may, without a warrant, seize: (a) any vessel, together with its catch on board, ﬁshing equipment, other equipment, stores and cargo, vehicle or aircraft which he or she has reasonable grounds to believe has been or is being used in the commission of an offence under this Act or which he or she knows has been forfeited in accordance with any provision of this Act; (b) any ﬁsh which he or she has reasonable grounds to believe have been taken in the commission of the offence or which are possessed in contravention of this Act; (c) any equipment which he or she has reasonable grounds to believe has been or is being used in the commission of an offence under this Act; (d) any explosive, poison or noxious substance which he or she has reasonable grounds to believe has been or is being used or is possessed or controlled in contravention of this Act; (e) any documents required to be maintained by this Act or in accordance with the conditions of any licence or which he or she 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) anything which he or she has reasonable grounds to believe may be used as evidence in any proceedings under this Act.
[subs (3) am Act 18 of 2017 s 5, opn 3 Aug 2017] (4) An authorised officer has such other powers as are prescribed for the (5) purposes of enforcing this Act.

In exercising powers under this Act, an authorised officer may use such force as is reasonably necessary.
18 Seizure of vessels, vehicles and aircraft (1) Where a vessel is seized under Section 17, the authorised officer may bring the vessel, or require the master who was in charge of the vessel immediately before it was seized, to bring the vessel to a place which he or she speciﬁes in the Republic or in ﬁsheries waters, and the vessel may be detained pending the outcome of any proceedings under this Act or its release on bond or other security under Section 21.
[subs (1) am Act 8 of 2011 s 12 and Sch 1[68], opn 15 Apr 2011; Act 18 of 2017 s 5, opn 3 Aug 2017] 59 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 39 Date: 6/8/2021 Time: 9:54:3 bwpageid:: 59:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 18 (2) Where the master brings the vessel to the speciﬁed place, he or she shall be responsible for the safety of the crew, vessel, himself or herself and any other person on board the vessel.
[subs (2) am Act 18 of 2017 s 5, opn 3 Aug 2017] (3) Where the master fails or refuses to take the vessel to the speciﬁed place, an authorised officer may take charge of the vessel for the purpose of bringing it to the speciﬁed place.
[subs (3) am Act 18 of 2017 s 5, opn 3 Aug 2017] (4) Where a vessel 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 vessel is being brought to the speciﬁed place.
[subs (4) am Act 18 of 2017 s 5, opn 3 Aug 2017] (5) Where a vehicle or aircraft is seized under Section 17, the driver or pilot shall take the vehicle or aircraft to a place in the Republic which the authorised officer speciﬁes as being the nearest or most convenient place for the holding of the vehicle or aircraft, and the vehicle or aircraft may be detained pending the outcome of any proceedings under this Act or its release under Section 21.
In bringing the vehicle or aircraft to the speciﬁed place, the driver or pilot shall be responsible for the safety of the vehicle or aircraft, its passengers, crew and any other person on board the vehicle or aircraft.

(6) (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.
[s 18 am Act 18 of 2017 s 5, opn 3 Aug 2017] Immobilisation of vessel, vehicle or aircraft (1) Having regard to the safety of the vessel, vehicle or aircraft, an authorised officer may take steps to immobilise any vessel, vehicle or aircraft seized, taken or detained in custody under this Act.

(2) The steps referred to in subsection (1) include removing any part from the vessel, vehicle or aircraft, for the purpose of preventing its taking by a person prior to its release under Section 21 or by the court.
(3) A part removed under subsection (2) shall be kept safely and returned to the vessel, vehicle or aircraft immediately upon its lawful release from custody.
[s 19 am Act 18 of 2017 s 5, opn 3 Aug 2017] 19 20 Disposal of seized ﬁsh and other things (1) Where any ﬁsh or other thing of a perishable nature is seized under Section 17, the Chief Executive Officer may: (a) return the ﬁsh or other thing to the person from whom it was seized on receiving security that, in his or her opinion, represents its equivalent value; Service 0 60 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 40 Date: 6/8/2021 Time: 9:54:3 bwpageid:: 60:: bwservice::0:: s 21 FISHERIES ACT 1997 21 (b) sell the ﬁsh or other thing at reasonable market value; or (c) where he or she is unable to sell the ﬁsh or other thing at reasonable market value, or where the ﬁsh or other thing is unﬁt for sale, dispose of it in such other manner as he or she thinks ﬁt.
(2) Where any equipment is seized under Section 17, the Chief Executive Officer may return the equipment to the person from whom it was seized on receiving security that, in his or her opinion, represents its market value.
(3) Where court proceedings relating to any ﬁsh or thing referred to in subsection (1) or equipment referred to in subsection (2) are instituted, the Chief Executive Officer shall pay into court any security or proceeds of sale obtained under subsection (1) or (2), as the case may be, pending an order by the court in respect of the forfeiture or otherwise of the security or proceeds.
(4) Where 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 whom the ﬁsh or other thing was seized.
Security for release of a seized vessel (1) Where a vessel 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 vessel has been detained or seized, the operator or the legal representative of the vessel 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 release of the vessel 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 ﬁshing vessel, shall, unless the vessel or any ﬁshing equipment, ﬁsh or other property on board the vessel 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 vessel, 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 vessel or property.
[subs (2) am Act 18 of 2017 s 5, opn 3 Aug 2017] (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.
In this Section, ‘vessel’ includes all equipment on board or used by the vessel and also includes all ﬁsh that has been seized from the vessel under this Act and is held on board the vessel while it is detained in custody.
(4) [s 21 am Act 18 of 2017 s 5, opn 3 Aug 2017] 61 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 41 Date: 6/8/2021 Time: 9:54:3 bwpageid:: 61:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 62 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 42 Date: 6/8/2021 Time: 9:54:3 bwpageid:: 62:: bwservice::0:: PART 3A — REQUIREMENTS FOR CHARTER OF FISHING VESSELS [Pt 3A heading insrt Act 18 of 2017 s 40, opn 3 Aug 2017] 21A Charter of ﬁshing vessel by citizens (1) Despite the requirements under the Shipping Registration Act 1968, a citizen of Nauru who wishes to charter a ﬁshing vessel for the purposes of ﬁshing or related activities: (a) within the ﬁsheries waters; or (b) beyond the ﬁsheries waters, shall apply to the Chief Executive Officer for a relevant ﬁshing licence if the ﬁshing or related activities is to be within Nauru waters or an authorisation, if the ﬁshing or related activities is to take place beyond Nauru waters.
(2) An application made under subsection (1) shall: (a) be made in the prescribed manner and form; and (b) be accompanied by any prescribed fees including but not limited to: (i) the application fee; and (ii) the authorisation to charter fee.

(3) A licence or authorisation may be granted for the duration of the charter-party agreement or such lesser period as determined by the Chief Executive Officer.
(4) The Chief Executive Officer shall not grant a licence or an authorisation in respect of an application made pursuant to subsection (1) if: (a) the ﬁshing vessel is listed on the Illegal Unreported and Unregulated list of any regional ﬁsheries management organisation or vessel arrangement; (b) the ﬁshing vessel has committed any Illegal Unreported and Unregulated ﬁshing or related activity in support of such ﬁshing; (c) the ﬁshing vessel is owned or was previously owned by an operator or beneﬁcial owner who is known to have another vessel on the Illegal list of any regional ﬁsheries Unreported and Unregulated vessel management organisation or arrangement; inconsistent with any obligations or (d) the ﬁshing vessel has been operating, or has previously operated in a manner requirements of international conservation and management measures and resolutions; (e) the ﬁshing vessel has been operating, or has previously operated in a manner inconsistent with any Convention, Treaty or arrangements to which Nauru is party; (f) the charter of the ﬁshing vessel is prohibited under any requirement of the Shipping Registration Act 1968 and any laws of Nauru; and (g) the authorisation of the charter will contribute to excess ﬁshing capacity in a ﬁshery.
(5) In considering an application for an authorisation to charter, the Chief Executive Officer shall be satisﬁed that: (a) in the case of the charter of a foreign ﬁshing vessel, the applicant demonstrates that the charter of such vessel is permitted under the laws of the ﬂag State; 63 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 43 Date: 6/8/2021 Time: 9:54:4 bwpageid:: 63:: bwservice::0:: 21B 21C LAWS OF THE REPUBLIC OF NAURU s 21A (b) there are no outstanding or pending penalties from the ﬂag state or other State with respect to the vessel; and (c) the vessel has good standing on the Regional Register or Record of Fishing Vessels of regional ﬁsheries management organisations to which Nauru is a member, and such good standing has not been suspended or withdrawn.
[s 21A insrt Act 18 of 2017 s 41, opn 3 Aug 2017] Duty of operator to comply The operator of a ﬁshing vessel operating under a charter agreement and applying for a game ﬁshing licence, national licence, or authorisation shall: reporting and monitoring, control and surveillance (a) comply with all requirements relevant and applicable legal measures, including all stipulated under this Act; (b) if the vessel is used for ﬁshing or related activity beyond ﬁsheries waters, comply with terms and conditions of the authorisation to ﬁsh; (c) ensure that the ﬁshing vessel has an approved mobile transceiver unit installed and the operator is able to operate the unit properly at all times and report automatically to the Nauru Vessel Monitoring System; (d) pay the prescribed fees; (e) ensure that the ﬁshing vessel fully complies with all applicable conservation and management measures and resolutions; (f) ensure that the ﬁshing vessel fully complies with the written laws of the Republic; and (g) provide a copy of the charter-party agreement to the Chief Executive Officer.
[s 21B insrt Act 18 of 2017 s 42, opn 3 Aug 2017] Suspension or cancellation of a licence or authorisation in respect of a ﬁshing vessel operating under a charter agreement (1) The Chief Executive Officer may suspend or cancel a licence or authorisation issued under Section 21A on any of the following grounds: (a) the operator has contravened a term or condition of the authorisation; (b) the operator has contravened this Part or any provision of this Act; (c) the operator has committed a serious violation; or (d) any other grounds determined by the Chief Executive Officer.
(2) An operator of a ﬁshing vessel, who contravenes Section 21A or 21B, commits an offence and upon conviction is liable to a ﬁne not exceeding $250,000.
[s 21C insrt Act 18 of 2017 s 43, opn 3 Aug 2017] Service 0 64 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 44 Date: 6/8/2021 Time: 9:54:4 bwpageid:: 64:: bwservice::0:: PART 3B — AUTHORISATION TO CHARTER BEYOND NAURU WATERS [Pt 3B heading insrt Act 18 of 2017 s 44, opn 3 Aug 2017] 21D Application by non-citizen for authorisation to charter a national ﬁshing vessel beyond Nauru waters (1) A person, who wishes to charter a national ﬁshing vessel for the purposes of ﬁshing or related activities beyond the ﬁsheries waters, shall apply to the Chief Executive Officer for an authorisation.
(2) An application for an authorisation shall be: (a) made in the manner and form prescribed; and (b) accompanied by any prescribed fees.

(4) (3) An authorisation beyond Nauru waters may be granted for the duration of the charter-party agreement or to such lesser period determined by the Chief Executive Officer.

In granting an authorisation, the Chief Executive Officer may specify the area in which the vessel may be used for ﬁshing or related activity.
(5) The Chief Executive Officer shall not grant an authorisation beyond Nauru is prohibited under any if the charter of the ﬁshing vessel waters, requirement of the Shipping Registration Act 1968.
In considering an application for an authorisation, the Chief Executive Officer shall be satisﬁed that: (a) the applicant demonstrates that the charterer has not chartered, owned or previously owned a vessel on the Illegal Unreported and Unregulated vessel list of any regional ﬁsheries management organisation or arrangement; (6) (b) the applicant demonstrates that the charterer has not been operating, or inconsistent with any conservation and has not previously operated in a manner obligations or management measures and resolutions or Treaty under this Act; (c) there are no outstanding or pending penalties imposed by another State requirements or international with respect to the vessel; and (d) the vessel has good standing on the Regional Register or Record of Fishing Vessels of regional ﬁsheries management organisations to which Nauru is a member, and such good standing has not been suspended or withdrawn.
[s 21D insrt Act 18 of 2017 s 45, opn 3 Aug 2017] 21E Duty of operator to comply The operator of a ﬁshing vessel applying for an authorisation shall comply with all requirements under this Act relating to the use of Nauru ﬁshing vessels beyond Nauru waters and all requirements under the Shipping Registration Act 1968.
[s 21E insrt Act 18 of 2017 s 46, opn 3 Aug 2017] 21F Suspension or cancellation of authorisation (1) The Chief Executive Officer may suspend or cancel an authorisation on the following grounds: 65 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 45 Date: 6/8/2021 Time: 9:54:4 bwpageid:: 65:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 21F (a) a Treaty or other international agreement requires that the Chief Executive Officer suspend or cancel the authorisation to charter; (b) the operator has contravened a term or condition of the authorisation; (c) the operator has contravened this Part or any provision of this Act; (d) the operator or any crew member on the vessel has committed a serious violation; or (e) any other grounds determined by the Chief Executive Officer.
(2) An operator of a ﬁshing vessel that contravenes Section 21D or 21E, commits an offence and upon conviction is liable to a ﬁne not exceeding $500,000.
[s 21F insrt Act 18 of 2017 s 47, opn 3 Aug 2017] Service 0 66 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 46 Date: 6/8/2021 Time: 9:54:4 bwpageid:: 66:: bwservice::0:: PART 3C — COMPLIANCE WITH INTERNATIONAL OBLIGATIONS [Pt 3C heading insrt Act 18 of 2017 s 48, opn 3 Aug 2017] 21G Application of Part 3C Unless stated otherwise in this Act or any other Act, this Part applies to all vessels registered under the Shipping Registration Act 1968.
[s 21G insrt Act 18 of 2017 s 49, opn 3 Aug 2017] 21H Giving effect to international conservation and management measures (1) The Minister may by notice, publish a list of the global, regional or sub-regional organisations or arrangements to which Nauru is a party or a cooperating non-contracting party.

(2) The Minister may by notice, publish the international conservation and management measures which are to have the force of law in the Republic.
(3) The Minister may specify in the notice under subsection (2) the parts of an international conservation and management measure that are to have the force of law in the Republic.
(4) The Minister may, for the purpose of giving effect to any Treaty entered into by Nauru or any international conservation and management measure or arrangement is a cooperating to which Nauru is a party or non-contracting party, make such regulations or give notice in the Gazette or attach such conditions to a licence as the Minister may consider necessary or expedient for this purpose.
(5) The Minister may publish in the Gazette no less than every 6 months, any conditions that have been imposed on individual licences according to this Section.
[s 21H insrt Act 18 of 2017 s 50, opn 3 Aug 2017] 67 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 47 Date: 6/8/2021 Time: 9:54:4 bwpageid:: 67:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 68 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 48 Date: 6/8/2021 Time: 9:54:4 bwpageid:: 68:: bwservice::0:: PART 3D — POLLUTION [Pt 3D heading insrt Act 18 of 2017 s 51, opn 3 Aug 2017] 21I Interpretation For the purpose of this Part: ‘garbage’ includes all kinds of victuals, domestic and operational wastes, excluding fresh ﬁsh and parts of a ﬁsh, generated during the normal operation of a vessel and liable to be disposed of continuously or periodically, but does not include oil, pollutants, or sewage from vessels; ‘oil’ means oil of any description in any form and includes spirits and other distillates produced from oil of any description, coal tar, bitumen, bitumen emulsions, fuel, oil, sludge, oil refuse, and oil mixed with wastes and any references to oil includes a reference to mixtures of oil with water or with any other substance; ‘pollutant’ means any substance, or any substance that is part of a class of substances, or any form of energy, and includes any water contained by any such substance or form of energy, and a reference to any pollutants includes a reference to mixtures of a pollutant with water or with any other substance or form of energy; and ‘sewage’ in relation to vessels, includes: (a) drainage and other wastes from any form of toilets, urinals, and scuppers; (b) drainage from medical premises, including dispensaries and sick bays, by way of wash basins, wash tubs and scuppers located in such premises; (c) drainage from spaces containing living animals; and (d) other waste waters when mixed with the drainages as mentioned before.
[s 21A insrt Act 18 of 2017 s 52, opn 3 Aug 2017] Discharge of oil or pollution into Nauru waters (1) A ﬁshing vessel owner, master or operator of an apparatus as the case may be, commits an offence if during the course of transferring oil to a ﬁshing vessel, oil or pollutants are discharged or escape into Nauru waters.
(2) A person who commits an offence under subsection (1) is liable upon conviction to: (a) a ﬁne not exceeding $100,000; and (b) an amount assessed by the court as costs incurred or will be incurred for removing or cleaning up any oil or pollutant discharged or having escaped into Nauru waters.
[s 21B insrt Act 18 of 2017 s 53, opn 3 Aug 2017] 21J 21K Discharge of oil or pollutants into waters outside Nauru waters Where any oil or pollutant is discharged or escaped from a vessel into any part of the sea outside Nauru waters, the owner or master of the vessel: (a) commits an offence; (b) is liable upon conviction to a ﬁne not exceeding $100,000; and 69 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 49 Date: 6/8/2021 Time: 9:54:4 bwpageid:: 69:: bwservice::0:: 21L LAWS OF THE REPUBLIC OF NAURU s 21K (c) shall pay an amount assessed by the court for costs incurred or will be incurred for removing or cleaning up any oil or pollutant that is discharged or which escaped into Nauru waters.
[s 21C insrt Act 18 of 2017 s 54, opn 3 Aug 2017] Discharge of garbage or sewage from ﬁshing vessels into Nauru water (1) A ﬁshing vessel owner, master or operator of a ﬁxed or ﬂoating apparatus as the case may be, commits an offence if any garbage or sewage is discharged or escape from any ﬁshing vessel or ﬁxed or ﬂoating apparatus into Nauru waters, other than in the prescribed manner.
(2) A person who commits an offence under subsection (1), shall be liable upon conviction to: (a) a ﬁne not exceeding $100,000; and (b) an amount assessed by the court as costs incurred or will be incurred for removing or cleaning up any garbage or sewage discharged or having escaped into Nauru waters.
[s 21D insrt Act 18 of 2017 s 55, opn 3 Aug 2017] 21M Equipment to prevent pollution (1) For the purpose of preventing or reducing discharge of oil, pollutants, garbage or sewage into the sea, any ﬁshing vessel registered in Nauru shall be ﬁtted with such equipment as may be prescribed.

(2) The equipment to be installed in any ﬁshing vessel shall be tested and approved by the surveyor appointed by the Minister.
(3) Any surveyor appointed under the Shipping Registration Act 1968, shall be deemed to be appointed by the Minister for the purposes of the regulations made under this Section.

[s 21E insrt Act 18 of 2017 s 56, opn 3 Aug 2017] 21N Equipment to deal with pollution (1) For the purposes of cleaning or removing any oil, pollutant, garbage or sewage in or on the sea, the ﬁshing vessel shall carry prescribed equipment and comply with any other prescribed requirements.
(2) The Minister may appoint a surveyor to test the equipment to be used for the purpose of this Section.

(3) Any surveyor appointed under the Shipping Registration Act 1968 shall be deemed to be appointed by the Minister for the purpose of the regulations made under this Section.
[s 21F insrt Act 18 of 2017 s 57, opn 3 Aug 2017] 21O Duty to report discharge (1) Where any oil, pollutant, sewage or garbage is discharged or escapes into Nauru waters from a ﬁshing vessel, the owner or master of the ﬁshing vessel or person in charge of the operation as the case may be, shall immediately report to the in by radio or other means, Harbourmaster.

the incident (2) The Harbourmaster shall immediately inform the Chief Executive Officer of such discharge or escape into Nauru waters.
Service 0 70 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 50 Date: 6/8/2021 Time: 9:54:4 bwpageid:: 70:: bwservice::0:: s 21Q FISHERIES ACT 1997 (3) The report shall provide the following: (a) time or position of discharge or escape oil, pollutant, garbage or sewage; (b) event to which the discharge or escape of the oil, pollutant, garbage or sewage; (c) weather or sea conditions at the time of discharge or escape, and time when the report was made; (d) where the oil, pollutant, garbage or sewage has been discharged or escaped, whichever the case may be, the description, quantity of oil, pollutant, garbage or sewage carried, and concentration of each type of oil, pollutant, garbage or sewage that was discharged or escaped; and (e) the existence of any slick and movement in any direction and measures taken to stop or reduce such discharge or escape, remove the oil, pollutant, garbage or sewage and to minimise the damage or possibility of damage resulting from the discharge or escape.
(4) Where any ﬁshing vessel becomes stranded or abandoned whether inside or outside Nauru waters, the owner or master shall immediately radio and report the incident to the Harbourmaster providing: (a) full details of the ﬁshing vessel including name, description and location of where the ﬁshing vessel is stranded or abandoned; (b) full details of the damage to the ﬁshing vessel; (c) a complete list of all oil, pollutants, garbage or sewage including the description and quantity, as the case may be; and (d) estimated quantity of oil, pollutant, garbage or sewage discharged or escaped.
[s 21G insrt Act 18 of 2017 s 58, opn 3 Aug 2017] Records The master of a national ﬁshing vessel or a foreign ﬁshing vessel shall carry a separate record book as part of the ﬁshing vessel’s official log book records carried on board relating to: (a) loading of oil cargo; (b) transfer of oil cargo during a voyage or to or from a vessel and in between tanks in a vessel; (c) discharge of oil cargo; (d) mixture containing oil; (e) ballasting and cleaning of oil tanks and discharge of ballast or cleaning water or other substance from any such tank; and (f) discharge or other disposal of mixture containing oil.
[s 21H insrt Act 18 of 2017 s 59, opn 3 Aug 2017] 21P 21Q Enforcement of the prevention of pollution Any regulations made under Section 42 shall make provision for an authorised officer to board a vessel within Nauru waters and require production of records for inspection for enforcement purposes.
[s 21I insrt Act 18 of 2017 s 60, opn 3 Aug 2017] 71 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 51 Date: 6/8/2021 Time: 9:54:4 bwpageid:: 71:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 72 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 52 Date: 6/8/2021 Time: 9:54:5 bwpageid:: 72:: bwservice::0:: PART 4 — OFFENCES 22 Breach of ﬁshing prohibitions (1) A person who, whether on his or her own account, or as partner, agent or employee of another person, or as operator or crew member of a vessel, 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 ﬁshing vessel, not exceeding $1,000,000; (b) in a case involving the use of a national ﬁshing vessel, not exceeding $100,000; (c) in the case of a crew member of a foreign or a national ﬁshing vessel, not exceeding $25,000; or (d) in any other case, not exceeding $10,000.
[subs (1) am Act 18 of 2017 s 5, 61, opn 3 Aug 2017] (2) A person who, in any area of waters or at any place, has any ﬁsh in his or her possession or under his or her control in a vessel 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 ﬁshing vessel, not exceeding $1,000,000; (b) in a case involving the use of a national ﬁshing vessel, not exceeding $100,000; (c) in the case of a crew member of a foreign or a national ﬁshing vessel, not exceeding $25,000; or (d) in any other case, not exceeding $10,000.
[subs (2) am Act 18 of 2017 s 5, 61, opn 3 Aug 2017] (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 or her possession any ﬁsh which he or she 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, ﬁne not exceeding $1,000 or imprisonment for a term not exceeding 1 year, or both; or (b) in any other case, to a ﬁne not exceeding $5,000 or imprisonment for a term not exceeding 2 years or both.
(5) A person who carries, has in his or her possession or control or has on board any vessel, 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 under Section 11 is guilty of an offence and is liable to a penalty not exceeding $5,000.
[subs (5) am Act 18 of 2017 s 5, opn 3 Aug 2017] 73 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 53 Date: 6/8/2021 Time: 9:54:5 bwpageid:: 73:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 22 (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 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.

(8) Sections 44 and 45 of the Crimes Act 2016 are not a defence to a prosecution for an offence under this Section.
[subs (8) am Act 18 of 2016 s 287 and Sch 2 item 67, opn 12 May 2016] 23 Fishing without or in breach of a licence (1) A person who: (a) on his or her own account, or as the partner, agent or employee of another person; or (b) as operator or crew member of a vessel, engages in or uses a vessel for ﬁshing or a ﬁsheries activity, of a kind or 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: (i) in a case involving the use of a foreign ﬁshing vessel, not exceeding $1,000,000; (ii) in a case involving the use of a national ﬁshing vessel, not exceeding $100,000; (iii) in the case of a crew member of a foreign or a national ﬁshing vessel, not exceeding $25,000; or (iv) in any other case, not exceeding $10,000.
[subs (1) am Act 18 of 2017 s 5, 62, opn 3 Aug 2017] (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) Sections 44 and 45 of the Crimes Act 2016 are not a defence to a prosecution for an offence under this Section.
[subs (3) am Act 18 of 2016 s 287 and Sch 2 item 67, opn 12 May 2016] Foreign ﬁshing vessels in ﬁsheries waters (1) A person who, whether on his or her own account, or as operator or crew member, causes or permits a foreign ﬁshing vessel 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: (i) in the case of a corporation, not exceeding $1,000,000; (ii) in the case of a crew member, not exceeding $25,000; or (iii) in the case of any other natural person, not exceeding $250,000.
[subs (1) am Act 18 of 2017 s 5, 63, opn 3 Aug 2017] 24 Service 0 74 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 54 Date: 6/8/2021 Time: 9:54:5 bwpageid:: 74:: bwservice::0:: s 26 FISHERIES ACT 1997 (2) All ﬁshing equipment on board a foreign ﬁshing vessel in any place in ﬁsheries waters where it is not licenced 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.
[subs (2) am Act 18 of 2017 s 5, opn 3 Aug 2017] (3) A person who: (a) on his or her own account, or as the partner, agent or employee of another person, causes or permits; (b) as operator or crew member of a vessel, causes or permits; or (c) causes or permits a person acting on his or her behalf to cause or permit, a contravention of subsection (2), is guilty of an offence and is liable to a penalty: (i) in the case of a corporation, not exceeding $100,000; (ii) in the case of a crew member, not exceeding $2,000; or (iii) in the case of any other natural person, not exceeding $25,000.
[subs (3) am Act 18 of 2017 s 5, 63, opn 3 Aug 2017] (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) Sections 44 and 45 of the Crimes Act 2016 are not a defence to a prosecution for an offence under this Section.
[subs (5) am Act 18 of 2016 s 287 and Sch 2 item 67, opn 12 May 2016] [s 24 am Act 18 of 2017 s 5, opn 3 Aug 2017] 25 Driftnet ﬁshing (1) No vessel shall be used for or assist in driftnet ﬁshing in ﬁsheries waters.

[subs (1) am Act 18 of 2017 s 5, opn 3 Aug 2017] (2) No national ﬁshing vessel shall be used for or assist in driftnet ﬁshing in any waters.

[subs (2) am Act 18 of 2017 s 5, opn 3 Aug 2017] (3) No foreign ﬁshing vessel shall have a driftnet aboard while in ﬁsheries waters.
[subs (3) am Act 18 of 2017 s 5, opn 3 Aug 2017] (4) Where a vessel is used in contravention of subsection (1), (2) or (3), the master, owner, charterer and crew members of the vessel are each guilty of an offence and are liable to a penalty: (a) in a case involving the use of a foreign ﬁshing vessel, not exceeding $1,000,000; (b) in a case involving the use of a national ﬁshing vessel, not exceeding $100,000; (c) in the case of a crew member of a foreign or a national ﬁshing vessel, not exceeding $50,000; or (d) in any other case, not exceeding $10,000.
[subs (4) am Act 18 of 2017 s 5, 64, opn 3 Aug 2017] 26 Import of illegally taken ﬁsh (1) Subject to subsection (3), a person who, in Nauru or in ﬁsheries waters: 75 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 55 Date: 6/8/2021 Time: 9:54:5 bwpageid:: 75:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 26 (a) on his or her own account, or as the partner, agent or employee of transports, sells, receives, imports, exports, another person, acquires or purchases; or lands, (b) uses a vessel to land, import, export, transport, sell, receive, acquire or purchase, any ﬁsh taken, possessed, transported or sold contrary to the law of another State is guilty of an offence and is liable to a penalty: (i) in a case involving the use of a foreign ﬁshing vessel, not exceeding $1,000,000; (ii) in a case involving the use of a national ﬁshing vessel, not exceeding $100,000; (iii) in the case of a crew member of a foreign or a national ﬁshing vessel, not exceeding $25,000; or (iv) in any other case, not exceeding $10,000.
[subs (1) am Act 18 of 2017 s 5, 65, opn 3 Aug 2017] (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.
It is a defence to a prosecution for an offence under this Section if the person charged satisﬁes the court that he or she did not know and had no reasonable cause to believe that the ﬁsh had been taken, possessed, transported or sold contrary to the law of another State.

(3) (4) Sections 44 and 45 of the Crimes Act 2016 are not a defence to a prosecution for an offence under this Section.
[subs (4) am Act 18 of 2016 s 287 and Sch 2 clause 68, opn 12 May 2016] (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) The master and each crew member of any vessel, the driver of any vehicle and the pilot and crew of any aircraft shall immediately comply with every instruction or direction given by an authorised officer and shall facilitate safe boarding, entry and inspection of the vessel, vehicle or aircraft and any ﬁshing equipment, equipment, records, documents and ﬁsh.
[subs (1) am Act 18 of 2017 s 5, opn 3 Aug 2017] (2) The master and each crew member of any vessel, the driver of any vehicle and the pilot and crew of any aircraft shall take all measures to ensure the safety of an authorised officer or observer in the performance of his or her duties.
[subs (2) am Act 18 of 2017 s 5, opn 3 Aug 2017] (3) A person who contravenes subsection (1) or (2), or who: 27 (a) assaults, 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 or her duties; Service 0 76 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 56 Date: 6/8/2021 Time: 9:54:5 bwpageid:: 76:: bwservice::0:: s 27 FISHERIES ACT 1997 (b) incites or encourages any other person to assault, resist or obstruct an authorised officer or an observer while carrying out his or her powers or duties, or a person lawfully acting under the authorised officer’s orders or in his or her aid; (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 or her powers of duties, or a person lawfully acting under an authorised officer’s orders or in his or her aid; (d) fails to comply with the lawful requirements of an authorised officer or observer; (e) furnishes to an authorised officer or an observer any particulars which, to his or her knowledge are false or misleading in any material respect; (f) personates or falsely represents himself or herself to be an authorised officer or an observer, or who falsely represents himself or herself to be a person lawfully acting under an authorised officer’s orders or in his or her aid; or (g) in any other way obstructs or hinders an authorised officer or observer in the exercise of his or her powers, duties or functions under this Act, is guilty of an offence and is liable to a penalty: (i) not exceeding $1,000,000; or (ii) where the offence involves use or threat of use of a dangerous threat of violence, not exceeding weapon, or violence or $1,000,000.
[subs (3) am Act 18 of 2017 s 66, opn 3 Aug 2017] (4) In this Section, ‘obstruct’ means to prevent an authorised officer, or a person acting under his or her orders or in his or her aid, or an observer, from exercising any of the powers conferred on that person by this Act.
77 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 57 Date: 6/8/2021 Time: 9:54:5 bwpageid:: 77:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 78 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 58 Date: 6/8/2021 Time: 9:54:5 bwpageid:: 78:: bwservice::0:: 28 29 PART 5 — DEALING WITH OFFENCES Liability of master and others Where the owner or charterer of a foreign ﬁshing vessel 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 vessel was ﬁrst arrested or at any time after the arrest: (a) the master of the vessel; 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.
[s 28 am Act 18 of 2017 s 5, opn 3 Aug 2017] Offences triable in the District Court (1) 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 sentences 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.
30 Jurisdiction of the court (1) An act or omission in contravention of a provision of this Act which is committed: (a) by a person within ﬁsheries waters; (b) outside ﬁsheries waters by any Nauruan citizen or a person ordinarily resident in Nauru; or (c) by a person on board a national ﬁshing vessel, shall be dealt with and judicial proceedings taken as if the act or omission had taken place in Nauru.
[subs (1) am Act 18 of 2017 s 5, opn 3 Aug 2017] (2) Where this Act entitles an authorised officer or an observer to exercise a power or perform a function outside ﬁsheries waters, any act or omission of a person outside ﬁsheries waters in relation to the authorised officer or observer, 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 vessel is on the high seas, proceedings may be taken in respect of a failure to report the fact as if the failure had occurred within ﬁsheries waters.
[subs (3) am Act 18 of 2017 s 5, opn 3 Aug 2017] 31 Evidence by certiﬁcate (1) In any proceedings for an offence under this Act: 79 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 59 Date: 6/8/2021 Time: 9:54:5 bwpageid:: 79:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 31 (a) the Chief Executive Officer or a person authorised by him or her in writing; and (b) an authorised officer or an observer; 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 or her knowledge and belief and that he or she made the certiﬁcate knowing that, if it were tendered in evidence, he or she would be liable to prosecution if he or she wilfully stated in it anything which he or she 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 this Section is served upon an accused person at least 14 days before its production in court and the accused person does not, within 7 days of the date of service, serve 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 facts averred in it.
(5) Where an objection 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 from or mistake 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) 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.

(8) 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 court shall, where material, rely on the facts contained in the certiﬁcate unless the contrary is proved.
(9) The provisions of this Section apply to a certiﬁcate given under this Section notwithstanding anything to the contrary in the Criminal Procedure Act 1972.

Presumptions (1) For the purposes of any proceedings under this Act, the act or omission of a crew member of a vessel while aboard that vessel or engaged in any ﬁshing related to or in association with that vessel shall be deemed to be also that of the operator of the vessel.
[subs (1) am Act 18 of 2017 s 5, opn 3 Aug 2017] (2) For the purposes of the prosecution of a person for an offence under this Act, where a person is charged for an act or omission done by an employee or other agent, the act or omission shall be deemed to have also been done by the person charged for the offence.
32 Service 0 80 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 60 Date: 6/8/2021 Time: 9:54:6 bwpageid:: 80:: bwservice::0:: s 34 FISHERIES ACT 1997 (3) Any entry in writing or other mark in or on any log, chart or other document required to be maintained under this Act or used to record the activities of a vessel shall be deemed to be that of the operator of the vessel.
[subs (3) am Act 18 of 2017 s 5, opn 3 Aug 2017] (4) Where any information is given in respect of a vessel under this Act or an applicable access agreement in relation to any ﬁshing by a foreign ﬁshing vessel, it shall be presumed, unless the contrary is proved, to have been given by the operator of the vessel, whether it is given by post, telex, telephone, of communication.
other method transmission facsimile, radio or 33 [subs (4) am Act 18 of 2017 s 5, opn 3 Aug 2017] (5) All ﬁsh found on board any ﬁshing vessel or in or on any vehicle or aircraft used or involved in the commission of an offence under this Act shall be presumed, unless the contrary is proved, to have been caught unlawfully and is liable to forfeiture.
[subs (5) am Act 18 of 2017 s 5, opn 3 Aug 2017] Forfeiture of vessel and other property (1) Where a court convicts a person of an offence under this Act, the court may order, in addition to any pecuniary penalty or award under Section 34, the forfeiture of any one or more of the following: (a) any ﬁsh, vessel, ﬁshing equipment, explosive or noxious substance taken, used or otherwise involved in the commission of the offence; or (b) where a vessel was used in the commission of the offence, any ﬁsh on board the vessel at the time of the offence, or where any ﬁsh referred to in paragraphs (a) or (b) has been sold under Section 20, the proceeds of the sale of the ﬁsh.
(2) Where a court convicts a person of an offence against Section 22(1) or (2), 23, 24 or 26, or such other offences as may be prescribed for the purposes of this subsection, in the commission of which a foreign ﬁshing vessel was used or otherwise involved, the court shall, unless it ﬁnds that there are exceptional reasons for not doing so, order the forfeiture of: (a) the vessel; (b) any ﬁshing equipment that was on the vessel at the time of the offence; and (c) ﬁsh on board the vessel at the time of the offence, or, where the ﬁsh has been sold under Section 20, the proceeds of the sale of the ﬁsh.
[subs (2) am Act 18 of 2017 s 5, opn 3 Aug 2017] (3) Any vessel, ﬁsh, ﬁshing equipment or other thing forfeited by order of a court under this Act becomes the property of the Authority.
[s 33 am Act 18 of 2017 s 5, opn 3 Aug 2017] 34 Compensation for loss or damage A person who commits an offence under this Act is, on conviction, in addition to the penalty for the offence, liable for any loss or damage caused by the offence, and the amount of such loss or damage may be: (a) awarded by the court in ﬁxing the penalty; and (b) recovered in the same manner as a pecuniary penalty.
81 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 61 Date: 6/8/2021 Time: 9:54:6 bwpageid:: 81:: bwservice::0:: 35 36 37 LAWS OF THE REPUBLIC OF NAURU s 35 Costs in ﬁsheries prosecutions In respect of an offence charged under this Act and notwithstanding the provisions of any other written law to the contrary, the court may award such costs and expenses incurred in relation to the prosecution of such charges as may appear to be proper.
Cancellation of licence (1) When a person is convicted of an offence under this Act the court may, in addition to any other penalty, order: (a) the cancellation of any licence issued to that person; (b) the forfeiture of any fees paid for the licence; and (c) that the person be disqualiﬁed from the day of conviction from holding a licence for a period not exceeding 3 years.
(2) When a person is convicted of an offence under this Act in the commission of which a licenced vessel was used or otherwise involved, the court may, in addition to any other penalty, order the cancellation of the licence in respect of the vessel and the forfeiture of any fees paid in respect of the licence.
[subs (2) am Act 18 of 2017 s 5, opn 3 Aug 2017] (3) Where a person who has been duly served a summons to answer a charge of a contravention of, or failure to comply with, a term or condition of a licence fails to appear in answer to the summons, the court shall, unless it considers that there are exceptional reasons for not doing so, order the cancellation of the licence and the forfeiture of any fees paid in respect of the licence.
Vessels and other things detained or seized (1) Where a vessel or other thing has been detained or seized under Section 17 and a person who has been properly charged with an offence in relation to it fails to appear to answer the charge within 90 days of the detention or seizure, the Chief Executive Officer may apply to the court for the vessel or thing to be forfeited and the court shall make such order as it considers just.
[subs (1) am Act 18 of 2017 s 5, opn 3 Aug 2017] (2) Where the court fails or refuses to make an order for forfeiture under subsection (1), the Chief Executive Officer may appeal to the Supreme Court, the decision of which shall be ﬁnal.
(3) Subject to subsection (4) and Section 21, where a vessel or other thing is detained or seized under Section 17 and no person is arrested, the vessel or thing shall be returned to the owner or the person having possession, care or control of it at the time of detention or seizure.
[subs (3) am Act 18 of 2017 s 5, opn 3 Aug 2017] (4) Where the lawful owner of a vessel or other thing detained or seized under Section 17 cannot be traced within 30 days, it shall be forfeited and be disposed of as the Chief Executive Officer in his or her discretion considers ﬁt.
[subs (4) am Act 8 of 2011 s 12 and Sch 1[68], opn 15 Apr 2011; Act 18 of 2017 s 5, opn 3 Aug 2017] (5) Where a vessel 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 Service 0 82 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 62 Date: 6/8/2021 Time: 9:54:6 bwpageid:: 82:: bwservice::0:: s 37 FISHERIES ACT 1997 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.
[subs (5) am Act 18 of 2017 s 5, opn 3 Aug 2017] (6) Where the owner of a vessel 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: (a) the vessel or thing may be detained until all ﬁnes, orders for costs and penalties imposed under this Act have been paid; (b) where payment under paragraph (a) has not been made within the time allowed, the vessel 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.
[subs (6) am Act 8 of 2011 s 12 and Sch 1[68], opn 15 Apr 2011; Act 18 of 2017 s 5, opn 3 Aug 2017] [s 37 am Act 18 of 2017 s 5, opn 3 Aug 2017] 83 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 63 Date: 6/8/2021 Time: 9:54:6 bwpageid:: 83:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 84 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 64 Date: 6/8/2021 Time: 9:54:6 bwpageid:: 84:: bwservice::0:: PART 6 — MISCELLANEOUS 38 Application of bond, security and proceeds of sale Any bond, security or net proceeds of sale held in respect of any vessel, 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 vessel, vehicle, aircraft or other item; (c) the discharge of all orders for costs in proceedings under this Act arising out of the use of or in connection with the vessel, vehicle, aircraft or other thing; and (d) its return as provided in Section 37.
[s 38 am Act 18 of 2017 s 5, opn 3 Aug 2017] 39 Fees, forfeited property and proceeds of sale (1) Any fee, charge or expense payable under this Act shall be payable to and form part of the funds of the Authority.
(2) Any: (a) security, proceeds of sale or other monies paid into court under this Act and ordered forfeited by the court; (b) proceeds of sale of a vessel, vehicle, aircraft, ﬁsh or other thing remaining after the satisfaction of payments under Section 38; and (c) ﬁne or other pecuniary penalty ordered by a court for an offence under this Act, other than an award of damages under Section 34, are revenues of the Authority and shall, after deducting any costs incurred in relation to the prosecution of the case, be paid into and form part of the funds of the Authority.
[subs (2) am Act 18 of 2017 s 5, opn 3 Aug 2017] (3) At the expiry of the time limited for appeal and if no appeal is lodged, any vessel, vehicle, aircraft or other thing ordered to be forfeited under this Act becomes the property of the Authority and may be disposed of as the Board directs.

[subs (3) am Act 18 of 2017 s 5, opn 3 Aug 2017] (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.
40 Liability for loss, damage or deterioration of items in custody No claim shall lie against the Republic or the Authority: (a) for any failure to comply with any provision of this Act; (b) for any loss, damage to or deterioration in the condition of any vessel, vehicle, aircraft or other thing while it is held in custody under this Act; or (c) in respect of any disposal, release or destruction under Section 20.
[s 40 am Act 18 of 2017 s 5, opn 3 Aug 2017] 85 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 65 Date: 6/8/2021 Time: 9:54:6 bwpageid:: 85:: bwservice::0:: 41 42 LAWS OF THE REPUBLIC OF NAURU s 41 Immunity of persons acting in pursuance of powers An authorised officer, an observer, or a person lawfully acting under an authorised officer’s orders or in his or her 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 or her 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 or omission was done in bad faith without reasonable cause.
Regulations (1) The Cabinet may make regulations prescribing matters which by this Act are 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: (a) the means of determining the total allowable catch either generally or in respect of an individual ﬁshery, the maximum sustainable yield of ﬁsh, precautionary reference points, ﬁshing quotas, ﬁshery areas, licence priorities and quotas and related matters, and determining those matters; (b) the grant, conditions, suspension and cancellation of licences, permits and other authorisations to engage in or use a vessel for ﬁshing or a ﬁsheries activity; (c) the registration and marking of vessels used for ﬁshing and ﬁshing equipment; (d) regulating the conduct of ﬁshing and ﬁsheries activities; (e) regulating, controlling and managing research, surveys, study and and the marine resources education regarding ﬁsh, ﬁsheries environment; (f) the identiﬁcation of officers authorised to perform duties under this Act; (g) the monitoring and surveillance of ﬁshing and ﬁshing activities and the gathering, storing and use of information regarding vessels, ﬁshing and ﬁsheries activities, including its use as evidence in proceedings under this Act; (h) the seizure, custody, dealing with and disposal of any vessel, ﬁsh or other thing under this Act; (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; (j) the sale or disposal of unclaimed ﬁshing equipment found in any waters; (k) the furnishing of returns containing information in relation to ﬁshing, ﬁsheries activities; (l) any fees, charges, taxes, royalties, bonds or securities payable in respect of any matter under this Act; (m) prescribing penalties of ﬁnes not exceeding $100,000 for offences against the regulation or
 offences against any provision of this Act for which no penalty is provided; (n) conditions, circumstances and areas of the sea in which garbage or sewage may be discharged by a vessel into Nauru waters and by foreign vessels beyond Nauru waters; Service 0 86 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 66 Date: 6/8/2021 Time: 9:54:6 bwpageid:: 86:: bwservice::0:: s 42 FISHERIES ACT 1997 (o) requirements for vessels or structures to ﬁtted with equipment to prevent pollution; (p) providing for such matters as contemplated or necessary to give full effect to the pollution provision and due administration; and (q) production and inspection of records and taking copies of evidence by an authorised officer.
[subs (1) am Act 18 of 2017 s 5, 67, opn 3 Aug 2017] (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 to give instructions, Regulations to make orders or notices or authorisations and permissions for any of the purposes for which the regulations are authorised by this Act to be made, and may contain such incidental and supplementary provisions as are necessary or expedient.
87 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 67 Date: 6/8/2021 Time: 9:54:6 bwpageid:: 87:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 88 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 68 Date: 6/8/2021 Time: 9:54:6 bwpageid:: 88:: bwservice::0:: 43 44 PART 7 — REPEAL, SAVINGS AND TRANSITIONAL Repeal of the Marine Resources Act 1978 The Marine Resources Act 1978 is repealed.
Saving of existing licences and agreements (1) All licences granted under the repealed Marine Resources Act 1978 which 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 had not been repealed.
(2) Any access agreement made under or in relation to the Marine Resources Act 1978 which is substantially at variance with the provisions of this Act shall nevertheless continue in full force and effect until the earliest possible date of its 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.
45 Application of other Acts and instruments (1) 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 or to a provision of that Act, that reference shall, on the coming into operation of this Act, except where the context otherwise requires, be read the and construed and have effect as a reference to this Act or corresponding provision of it.
(2) Where any document, agreement or instrument wherever made or executed contains a reference, express or implied, to the exclusive ﬁsheries zone established by Section 3 of the Marine Resources Act 1978, that reference shall, on the coming into operation of this Act, except where the context otherwise requires, be read and construed and have effect as a reference to the exclusive economic zone.
89 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 69 Date: 6/8/2021 Time: 9:54:6 bwpageid:: 89:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 90 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 70 Date: 6/8/2021 Time: 9:54:6 bwpageid:: 90:: bwservice::0:: Fisheries Regulations 1998 TABLE OF PROVISIONS Title Citation Interpretation Grant of registration Register of Small Boats Conditions of small vessel registration Transfer of registration Refusal or cancellation of registration Application of Part 3 Activities requiring licence Licence applications Allocation of ﬁshing vessel licences Grant of licences Period of licence Licence fees Foreign ﬁshing vessel licence fees Transfer of licence Lost, destroyed or 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 ﬁshing vessel licences Legal representative National ﬁshing vessel licences Conditions of foreign and national ﬁshing vessel licences Conditions relating to automatic location communicators Game ﬁshing licences Conditions of game ﬁshing licences Research plans Research permits Conditions of research permit Evidence by Chief Executive Officer Evidence regarding vessels Photographic evidence Registers of licences Offences regarding licences Regulation Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 71 Date: 6/8/2021 Time: 9:54:7 bwpageid:: 91:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Title Regulation 39 40 41 42 43 44 45 Interfering with evidence Association with driftnet ﬁshing Explosives and poison Fish aggregating devices Importation of live ﬁsh Sale of ﬁsh Provision of information SCHEDULE 1 FORM 1 — APPLICATION FOR SMALL BOAT REGISTRATION FORM 2 — SMALL BOAT REGISTRATION CERTIFICATE FORM 3 — REGISTER OF SMALL BOATS FORM 4 — APPLICATION FOR A FOREIGN FISHING VESSEL FISHING LICENCE FORM 5 — FOREIGN FISHING LICENCE FORM 6 — APPLICATION FOR A NATIONAL FISHING LICENCE FORM 7 — NATIONAL FISHING LICENCE FORM 8 — APPLICATION FOR A GAME FISHING LICENCE FORM 9 — GAME FISHING LICENCE FORM 10 — RESEARCH PERMIT FORM 11 — REGISTER OF LICENCES SCHEDULE 2 — PERIOD AND FEES OF LICENCES SCHEDULE 3 — MARKINGS OF FISHING VESSELS SCHEDULE 4 — REPORT FORMS Service 0 92 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 72 Date: 6/8/2021 Time: 9:54:7 bwpageid:: 92:: bwservice::0:: Fisheries Regulations 1998 TABLE OF AMENDMENTS The Fisheries Regulations 1998 were notiﬁed and commenced on 6 October 1998 (GN No 238/1998; Gaz 61/1998).
Amending Legislation Notiﬁed Date of Commencement Fisheries (Amendment) Regulations 2010 GN No 719/2010 31 December 2010 1 January 2011 Revised Written Laws Act 2021 No 7 1 June 2021 1 June 2021 93 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 73 Date: 6/8/2021 Time: 9:54:7 bwpageid:: 93:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 94 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 74 Date: 6/8/2021 Time: 9:54:7 bwpageid:: 94:: bwservice::0:: IN EXERCISE of the powers conferred on it by Section 42 of the Fisheries Act 1997 the Cabinet has made the following Regulations: 1 2 Citation These Regulations may be cited as the Fisheries Regulations 1998.
Interpretation In these Regulations: ‘acceptable safety standards’ in relation to a small boat, means any safety standards required from time to time by the Authority; ‘foreign ﬁshing vessel licence’ means a licence issued in respect of a foreign ﬁshing vessel under Regulation 24; ‘game ﬁshing licence’ means a licence issued in respect of a vessel used for game ﬁshing under Regulation 29; ‘national ﬁshing vessel licence’ means a licence issued in respect of a national ﬁshing vessel under Regulation 26; ‘research permit’ means a research permit in respect of a vessel used for research issued under Regulation 32; ‘the Act’ means the Fisheries Act 1997; ‘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; and ‘VMS registration’ means registration on the VMS Register of Foreign Fishing Vessels maintained by the Forum Fisheries Agency.
3 Grant of registration (1) A small boat which is used for ﬁshing, including game ﬁshing, in ﬁsheries waters shall be registered in accordance with this Part.

(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 or she is satisﬁed that: (a) the boat the subject of an application under subregulation (2) meets acceptable safety standards; (b) the registration or renewal will not conﬂict with any scheme of priorities established for the registration of small boat; 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 vessel and grant a certiﬁcate of registration in Form 2 of Schedule 1 to the owner of the vessel, or renew the registration and certiﬁcate, as the case may be.
(4) The period of registration under this Part is as speciﬁed in Column 3 of Schedule 2.

95 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 75 Date: 6/8/2021 Time: 9:54:7 bwpageid:: 95:: bwservice::0:: 4 5 6 LAWS OF THE REPUBLIC OF NAURU reg 4 Register of Small Boats (1) The Chief Executive Officer shall maintain a Register of Small Boats in Form 3 of Schedule 1.
(2) Upon registering a small boat, the Chief Executive Officer shall assign a separate identiﬁcation mark to the boat and enter each number in the Register of Small Boat.

(3) In any proceedings under the Act or these Regulations, the entry in respect of a boat in the Register of Small Boat shall be prima facie evidence of the ownership of the boat.
Conditions of small vessel registration (1) A registered small vessel shall have its assigned identiﬁcation markings displayed at all times while it is being used for ﬁshing.

(2) A registered small vessel shall, at all times while it is being used for ﬁshing, carry such safety equipment and signalling devices as the Authority may from time to time require.

(3) The owner of a small vessel shall ensure that the registration of the vessel is valid at all times that the vessel is used for ﬁshing.
Transfer of registration (1) The owner of a registered small vessel who sells, disposes of or otherwise loses ownership of the vessel shall, within 14 days after the sale or disposal: (a) give written notice to the Chief Executive Officer of the sale, disposal or loss of ownership, and the full name and address of the person who has become the new owner if this is known; and (b) deposit the certiﬁcate of registration of the vessel with the Chief Executive Officer.
(2) The person who becomes the new owner of the vessel by the operation of subregulation (1) shall, within 14 days after acquiring the ownership, apply to the Chief Executive Officer in Form 1 of Schedule 1 to have the certiﬁcate of registration transferred to him or her, and upon receiving: (a) the certiﬁcate of registration under subregulation (1); and (b) payment of the transfer fee, the Chief Executive Officer shall transfer the registration accordingly.
(3) Where the owner of a registered small vessel dies, the person who is entitled by law or by custom to become the owner of the vessel shall, within 30 days after becoming entitled, apply to the Chief Executive Officer in Form 1 of Schedule 1 to have the certiﬁcate of registration transferred to him or her, and the Chief Executive Officer shall transfer the registration accordingly.
7 Refusal or cancellation of registration (1) The Chief Executive Officer may: (a) refuse to register or to renew the registration of a small vessel; (b) refuse to transfer the registration of a small vessel which has been sold or otherwise disposed of; (c) cancel the registration of a small vessel, where: Service 0 96 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 76 Date: 6/8/2021 Time: 9:54:7 bwpageid:: 96:: bwservice::0:: reg 10 FISHERIES REGULATIONS 1998 (d) he or she considers that the vessel is not ﬁt for ﬁshing or does not meet acceptable safety standards; (e) the registration, renewal, transfer or continued registration, as the case may be, will conﬂict with any scheme of priorities established for the registration of small vessels; or (f) he or she is satisﬁed that the registration of the vessel would not be in the national interest.
(2) The owner of a vessel transfer of refused registration, registration or the registration of which is cancelled under subregulation (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.

renewal or 8 9 (3) Before making a decision under subregulation (2), the Board shall afford the appellant a reasonable opportunity to be heard.
Application of Part 3 This Part does not apply to: (a) ﬁshing, other than game ﬁshing, carried out by use of a registered small vessel; (b) ﬁshing carried out under and in accordance with a research permit granted under Part 4; or (c) ﬁshing or a ﬁshing activity carried out by or on behalf of the Republic or the Authority.
Activities requiring licence (1) Subject to subregulation (2): (a) a foreign ﬁshing vessel which is used for ﬁshing or a ﬁsheries activity in ﬁsheries waters shall be licenced as a foreign ﬁshing vessel under Regulation 24; (b) a national ﬁshing vessel which is used in any waters for ﬁshing, other than for sport or game ﬁshing in ﬁsheries waters, or a ﬁsheries activity, shall be licenced as a national ﬁshing vessel under Regulation 26; and (c) a vessel, including a registered small vessel, which is used for reward or hire for the purpose of sport or game ﬁshing in ﬁsheries waters shall be licenced as a game ﬁshing vessel under Regulation 29.
(2) Subregulation (1) does not apply to: (a) a support craft; or (b) a foreign ﬁshing vessel Arrangement.
licenced under a Regional Licencing 10 Licence applications (1) In considering an application for a licence under this Part, the Chief Executive Officer shall take into consideration: (a) any relevant policy directions or guidelines of the Minister and the Authority; (b) any relevant Fishery Strategy; (c) any relevant declarations of total allowable catch or precautionary limit points; 97 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 77 Date: 6/8/2021 Time: 9:54:7 bwpageid:: 97:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU reg 10 (d) where the proposed operation entails possible adverse environmental effects, any proposals for the management of those effects; (e) the commercial viability of the proposed operation, induding, where necessary or applicable, an assessment of the ﬁnancial resources of the applicant and analysis of projected cash ﬂows; (f) the ﬁnancial and operational history of the applicant and any other person involved in the operation the subject of the application; (g) whether the applicant and any other person involved in the operation the subject of the application have cooperated in and made contributions 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; (h) in relation to a vessel the subject of the application, the ownership and registration history of the vessel, the nature of any charter agreement, lease, mortgage or other ﬁnancial arrangement in relation to the vessel, the proposed base port of operation of the vessel and the history of the good standing of the vessel; (i) in relation to a national ﬁshing vessel the subject of an application for a national ﬁshing vessel licence, details of the ownership of the vessel or the use of land-based facilities in Nauru such as may qualify the vessel to be classed as a national ﬁshing vessel; (j) in relation to an application for a game ﬁshing licence, whether
 it is proposed that the operation will be associated with any national, subregional or regional tag-and-release or other similar conservation or scientiﬁc project; (k) any proposals by the applicant and any other person involved in the proposed operation for future expansion or alteration of the nature of the proposed operation; (l) in relation to an enterprise which is not wholly owned and controlled by Nauruan 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; (m) any proposed level of training and employment of Nauruan citizens in the proposed operation including crew members on any vessel involved in the proposed operation; and (n) any other similar matters.
(2) The Chief Executive Officer may refuse to grant a licence: (a) where he or she considers it necessary to do so in order to give effect to any licencing 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 or she believes that it would be detrimental to the proper management of the ﬁshery to issue a licence; (b) where the issue of the licence would conﬂict with any scheme of priorities established for the grant of licences; (c) where he or she has reason to believe, in view of previous convictions for offences related to ﬁsheries, that the applicant will not comply with the conditions of the licence; (d) in relation to an application in respect of a vessel, where the vessel does not have a valid seagoing certiﬁcate or certiﬁcate of seaworthiness Service 0 98 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 78 Date: 6/8/2021 Time: 9:54:7 bwpageid:: 98:: bwservice::0:: reg 14 FISHERIES REGULATIONS 1998 where required under the laws governing shipping, or is not compliance with any prescribed or acceptable safety standards; in (e) in relation to an application for a national ﬁshing vessel licence, where he or she is not satisﬁed as to the bona ﬁdes of the joint venture under which it is proposed the vessel will operate or that the vessel is sufficiently based in Nauru so to qualify as a national ﬁshing vessel; (f) in relation to an application for a foreign ﬁshing vessel licence, where the vessel does not have 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.
11 Allocation of ﬁshing vessel licences Subject to the Act or these Regulations, ﬁshing vessel licences for each ﬁshery shall be granted in the following descending order of priority: (a) a national ﬁshing vessel wholly owned by Nauruan citizens, the Republic or a statutory corporation of the Republic; (b) a national ﬁshing vessel owned by or operated under a joint venture; (c) any other national ﬁshing vessel; (d) a foreign ﬁshing vessel owned or operated by a Nauruan enterprise which is not a joint venture; and (e) any other foreign ﬁshing vessel, and in accordance with any priorities established by an international, regional or subregional agreement or arrangement to which Nauru is a party.
12 Grant of licences (1) A licence granted under this Part: (a) is subject to the conditions speciﬁed in it; (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 written law or any applicable agreement or arrangement, is void.

Period of licence The period of a licence issued under this Part is as speciﬁed in Column 3 of Schedule 2.

Licence fees (1) This Regulation does not apply to foreign ﬁshing vessel licences.

(2) The fees payable in respect of a licence are as speciﬁed in Column 2 of Schedule 2.
(3) A licence shall not come into force until and unless the applicable fee has been paid.

(4) There shall be no refund of any fee paid for the issue of a licence.
99 Service 0 13 14 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 79 Date: 6/8/2021 Time: 9:54:7 bwpageid:: 99:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU reg 15 15 Foreign ﬁshing vessel licence fees (1) The fee for a foreign ﬁshing vessel licence shall comprise: (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 ﬁshing vessels licenced under the access agreement.

(3) The ﬁshing fee referred to in subregulation (1) may: (a) be calculated as a percentage of the actual value of catch, and paid as speciﬁed in the access agreement; or (b) be estimated and paid together with the payment of the access fee before the issue of the licence.
Transfer of licence A licence issued under this Part shall not be transferred to another licencee or to be held in respect of another vessel, premises or place.

Lost, destroyed or defaced licence (1) Where a licence has been lost or destroyed, the licencee may make written application to the Chief Executive Officer for the issue of a duplicate licence.
(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 or she shall, on payment of the duplicate licence fee set out in Column 2 of Schedule 2, issue a duplicate licence to the licencee.
(3) Where a licence has been defaced, the licencee shall, on returning the licence to the Chief Executive Officer and on payment of the duplicate fee set out in Column 2 of 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 licencee which is a corporate person proposes a change in its shareholding or beneﬁcial ownership, it shall immediately notify the Chief Executive Officer in writing, giving details of the proposed change.
(2) Where the operator of a national ﬁshing vessel proposes a change in the operations of the vessel such that it may no longer qualify as a national ﬁshing vessel, he or she shall immediately notify the Chief Executive Officer in writing, giving details of the proposed change.

(3) The Chief Executive Officer a notiﬁcation under shall subregulation (1) or (2) and shall decide whether the proposed change is such that the licence should be cancelled or continued.
consider Automatic suspension of licence (1) A licence which authorises ﬁshing or a ﬁsheries activity in contravention of its terms to the extent a notice under Section 11 of the Act contravene the notice, automatically suspended.
that is, 100 16 17 18 19 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 80 Date: 6/8/2021 Time: 9:54:7 bwpageid:: 100:: bwservice::0:: reg 20 FISHERIES REGULATIONS 1998 (2) Where the good standing or the VMS registration of a licenced vessel is suspended, any licence in respect of the vessel is automatically suspended until and unless the good standing or the VMS registration, as the case may be, of the vessel is restored.
20 Suspension of licence (1) The Chief Executive Officer may suspend a licence, on such terms as he or she considers appropriate: (a) where a material misrepresentation, omission or misstatement of fact has been made in the application for the licence; (b) where there has been consistent failure to report as required by these Regulations; (c) where he or she 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 or she has previously exercised his or her powers under this Regulation in relation to the licence; (d) where any fee, charge or levy required in respect of the licence has not been paid; (e) for a speciﬁed period, where he or she is satisﬁed that the suspension is necessary for the proper management or conduct of a ﬁshery or a ﬁshing activity; (f) where the licencee has been charged with an offence involving dishonesty under any written law and the charge has not yet been determined; (g) in respect of a national ﬁshing vessel which the Republic has proposed for licencing under a Regional Licencing Arrangement, where he or she has reasonable grounds to believe that the vessel has been operated contrary to the conditions of the Regional Licencing Arrangement or the laws of any State in whose waters the Regional Licencing Arrangement entitles it to ﬁsh; or (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 Executive Officer shall serve a notice on the licencee specifying the ground for suspension and: (a) where the licence is being suspended under subregulation (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 subregulation (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 subregulation (1): (a) takes effect on the expiry of the time allowed in the notice under subregulation (2); and (b) continues until the suspension is rescinded by the Chief Executive Officer or the licence expires or is cancelled.
(4) On the request of the licencee, the Chief Executive Officer shall allow him or her an opportunity to be heard and: 101 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 81 Date: 6/8/2021 Time: 9:54:7 bwpageid:: 101:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU reg 20 (a) where he or she is satisﬁed that the ground for suspension does not apply or is not sufficiently serious as to merit suspension, may rescind the suspension; or (b) where he or she is satisﬁed that the licencee is performing his or her obligations and complying with the Act and these Regulations, shall rescind the suspension.
(5) The Chief Executive Officer shall rescind a suspension: (a) under subregulation (1)(e), if the suspension is no longer required for the proper management of the ﬁshery; or (b) under subregulation (1)(f), when the charge has been determined in favour of the licencee.
21 Automatic termination of licence Where: (a) any fee, charge or levy required in respect of a licence has not been paid; (b) the ﬂag State registry or the ownership of a vessel the subject of a licence changes; (c) the good standing or the VMS registration of a vessel the subject of a licence is cancelled; (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 ﬁshing vessel which the Republic has proposed for licencing under a Regional Licencing Arrangement has been convicted by any court of operating the vessel contrary to the conditions of the Regional Licencing Arrangement or the laws of any State in whose waters the Regional Licencing Arrangement entitles it to ﬁsh, the licence shall automatically terminate.
22 Cancellation of licence (1) The Chief Executive Officer may cancel a licence: (a) where he or she is satisﬁed 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; (b) where the licencee or where the licencee is a corporate person, any of the principals of the licencee, is convicted of an offence against the Act or these Regulations, the Marine Resources Act 1978(repealed), any other written law concerning ﬁsheries matters; (c) where the licencee or where the licencee is a corporate person, any of the principals of the licencee, is convicted of an offence involving dishonesty under any written law; (d) where the licencee becomes bankrupt, or applies to take the beneﬁt of any written law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their beneﬁt; (e) where he or she is satisﬁed on reasonable grounds that the licenced activity is not being conducted in accordance with the requirements of the Act or these Regulations or any other relevant law, any applicable Service 0 102 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 82 Date: 6/8/2021 Time: 9:54:7 bwpageid:: 102:: bwservice::0:: reg 24 FISHERIES REGULATIONS 1998 access agreement or other agreement, or that there has been a change in the circumstances of the licencee 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 subregulation (1), “principals” in respect of a corporate person includes the director, manager, secretary or other similar officer or a person purporting to act in such a capacity.
(3) Where the Chief Executive Officer proposes to cancel a licence under this Regulation, he or she shall serve a notice on the licencee: (a) advising him or her of the intention to cancel the licence and of the reasons for the intended cancellation; and (b) allowing him or her, within 14 days from the date of service of the notice, to make written or oral representations as to why the licence should not be cancelled.
(4) Where the licencee does not make, within 14 days, representations under subregulation (3)(b) or a request to be heard under subregulation (4), the Chief Executive Officer may cancel the licence.

(5) Where representations have been made under subregulation (3)(b), the Chief Executive Officer shall consider them and decide whether or not to cancel the licence.
23 Report to Board (1) The Chief Executive Officer shall, not later than the 14th day of each month, furnish a report to the Board in respect of all licences issued, renewed, refused, suspended and cancelled during the previous month.

(2) A report under subregulation (1) shall include reasons for any refusal, suspension or cancellation of a licence included in it.
24 Foreign ﬁshing vessel licences (1) No licence shall be issued in respect of a foreign ﬁshing vessel except under and in accordance with an access agreement.

(2) An application for a foreign ﬁshing vessel licence shall be made in Form 4 of Schedule 1 by or on behalf of the operator of the vessel.
(3) A foreign ﬁshing vessel licence: (a) shall be in Form 5 of Schedule 1; (b) shall be issued for a speciﬁed species, sub-species, class or type of ﬁsh; (c) may be issued for a speciﬁed area of ﬁsheries waters; (d) shall specify the ﬁshing method permitted under the licence; (e) may specify the type of equipment to be used for ﬁshing; (f) may specify a port or ports at which the vessel may tranship, offload, refuel or reprovision; (g) may specify such further conditions in relation to any ﬁshing permitted under the licence, including catch limits, as are necessary or desirable; (h) may specify a number of Nauruan citizens who are to be employed as crew aboard the vessel during the licence period; (i) shall require that an approved automatic location communicator be installed on the vessel, maintained in good working order and kept 103 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 83 Date: 6/8/2021 Time: 9:54:7 bwpageid:: 103:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU reg 24 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 (j) shall be endorsed in respect of any support aircraft and support craft.
(4) A foreign ﬁshing vessel licence is subject to the conditions in Regulation 27 and to such further conditions as are speciﬁed in it.
25 Legal representative (1) The foreign party to an access agreement or the operator of a licenced foreign ﬁshing vessel shall nominate a legal representative who is resident in Nauru and authorise him or her to act on behalf of the operator of the vessel and to accept legal responsibility on behalf of the operator for any action, juridical or otherwise, taken in respect of the vessel.
(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.

26 National ﬁshing vessel licences (1) The operator of a national ﬁshing vessel may apply for a national ﬁshing vessel licence in Form 6 of Schedule 1.
(2) A national ﬁshing vessel licence: (a) shall be in Form 7 of Schedule 1; (b) shall be issued for a speciﬁed species, sub-species, class or type of ﬁsh; (c) may be issued for a speciﬁed area of ﬁsheries waters; (d) shall specify the ﬁshing method permitted under the licence; (e) may specify the type of equipment to be used for ﬁshing; (f) may specify a port or ports at which the vessel may tranship, offload, refuel or reprovision; (g) may specify such further conditions in relation to any ﬁshing permitted under the licence, including catch limits, as are necessary or desirable; (h) may specify a number of Nauruan citizens who are to be employed as crew aboard the vessel during the licence period; (i) may require that an approved automatic location communicator be installed on the vessel, 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 (j) shall be endorsed in respect of any support aircraft and support craft.
(3) A national ﬁshing vessel licence is subject to the conditions in Regulation 27 and to such further conditions as are speciﬁed in it.

27 Conditions of foreign and national ﬁshing vessel licences (1) The operator of a vessel licenced under this Part or under a Regional Licencing Arrangement shall recognise and agree to comply with all written laws of the Republic, including and in particular the Act and these Regulations.
Service 0 104 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 84 Date: 6/8/2021 Time: 9:54:7 bwpageid:: 104:: bwservice::0:: reg 27 FISHERIES REGULATIONS 1998 (2) The vessel 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 vessel shall not be used for transhipment at sea.
(4) The vessel shall at all times while in ﬁsheries waters: (a) ﬂy the ﬂag of the state in which it is registered; (b) display identiﬁcation markings in accordance with Schedule 3; and (c) display lights and shapes for the vessel and activity in which it is engaged in compliance with the requirements of the International Regulations for Preventing Collisions at Sea.
(5) The vessel shall carry the original of the licence, together with any endorsements, on board the vessel at all times during the licence period and produce it to an officer upon request.

(6) The vessel 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 vessel and that person may be the master.
(7) The master of a vessel 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 vessel; (c) the method of ﬁshing used; (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; (f) the species of ﬁsh taken and discarded, and the quantity and condition of each species; and (g) any other information required by the Chief Executive Officer or as speciﬁed in the licence, and shall certify by his or her 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 form and by a means approved by him or her, information in Schedule 4: (a) each Wednesday while the vessel is in ﬁsheries waters; (b) within a reasonable time of entry into and exit from ﬁsheries waters; (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.
(9) The operator of a vessel which takes ﬁsh shall provide to the Chief Executive Officer, in a form and by a means approved by him or her: (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 receipts, within 21 days in the case of a national ﬁshing vessel, or 45 days in the case of a foreign ﬁshing vessel, of the completion of a ﬁshing trip.
105 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 85 Date: 6/8/2021 Time: 9:54:7 bwpageid:: 105:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU reg 27 (10) The master shall maintain on board the vessel, at all times whether within ﬁsheries waters or not, a ship’s log separate from the ﬁshing logbook referred to in subregulation (7) 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 an authorised officer.
(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 vessel 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 licenced vessel 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 licenced vessel regarding the operations of the vessel.
28 Conditions relating to automatic location communicators (1) Where a licenced vessel is required to carry an approved automatic location communicator on board, the operator shall ensure the following: (a) no person shall tamper or interfere with the approved automatic location approved automatic location communicator is not altered, damaged or disabled; communicator and the (b) the approved automatic location communicator shall not be moved the prior from the agreed installed position or removed without permission of the Authority; (c) only one approved automatic location communicator at a time may be carried on board the vessel; (d) the approved automatic location communicator shall be switched on and operational at all times when the vessel is within ﬁsheries waters; and (e) where the vessel is outside ﬁsheries waters and proposes to 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 sooner.
(2) Upon notiﬁcation by the Authority that the vessel’s approved automatic location communicator has failed to report, reports containing the vessel’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, Service 0 106 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 86 Date: 6/8/2021 Time: 9:54:8 bwpageid:: 106:: bwservice::0:: reg 31 FISHERIES REGULATIONS 1998 commencing from time of notiﬁcation of the failure of the approved automatic location communicator, and not ceasing until the Authority has is conﬁrmed that operational.
location communicator approved automatic the (3) Where it is not possible to make any one or more of the further position reports in accordance with subregulation (2) or where the Authority so directs, the master of the vessel shall immediately stow all ﬁshing gear and take the vessel immediately to a port speciﬁed by the Authority, and as soon as possible report to the Authority that the vessel is being or has been taken to that port with gear stowed.
29 Game ﬁshing licences (1) The operator of a game ﬁshing vessel may apply for a game ﬁshing licence in Form 8 of Schedule 1.

30 31 (2) A game ﬁshing licence: (a) shall be in Form 9; (b) may be issued for a speciﬁed type, class or species of ﬁshstock; (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 vessel 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 written laws of the Republic.

(2) While being used for reward or hire for game or sport ﬁshing, the vessel shall only be used for such ﬁshing and during such periods and in such places as are speciﬁed in the licence.
(3) The vessel shall at all times while in ﬁsheries waters: (a) display identiﬁcation markings in accordance with Schedule 3; (b) where it is registered under any written 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 vessel and activity in which it is engaged in compliance with the requirements 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 vessel that he or she may require from time to time.

Research plans (1) A person who intends to use a vessel, including a small vessel, 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; 107 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 87 Date: 6/8/2021 Time: 9:54:8 bwpageid:: 107:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU reg 31 (b) determining the biological and species composition, abundance, population size and distribution of a ﬁsheries resource, and related matters; (c) testing the commercial viability of a new ﬁshing method or a new ﬁsheries resource or ﬁshing in previously unexploited waters; (d) establishing the viability or otherwise of a ﬁshery or a ﬁshing method; and (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.
32 Research permits (1) 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 conduct of the research project is in accordance with the objects of the Authority and the provisions of Part XIII Regulation 3 of 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 vessel, 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 1 year, and shall specify: (a) the area of ﬁsheries waters in which the vessel may operate; (b) the ﬁshing method and sampling strategy to be used; (c) the species of ﬁsh targeted for research, the maximum quantities of the ﬁsh to be taken and the manner of disposal of any ﬁsh taken; (d) the time within which the research project report, including all raw data, shall be 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 A research permit shall be subject to the following conditions: (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; (b) scientiﬁc observers and any other personnel designated by the Chief Executive Officer shall be allowed on board the vessel and shall be allowed to participate fully in the research project both on board the vessel 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 33 Service 0 108 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 88 Date: 6/8/2021 Time: 9:54:8 bwpageid:: 108:: bwservice::0:: reg 35 FISHERIES REGULATIONS 1998 and in any case no later than the time speciﬁed for the submission of the research project report under subregulation (4)(d); and (e) no results of the research or survey operations shall be published or otherwise made internationally available without the prior consent of the Authority.
34 Evidence by Chief Executive Officer (1) For the purposes of Section 31 of the Act, the Chief Executive Officer may give a certiﬁcate as to one or more of the following matters: (a) a speciﬁed vessel was or was not on a speciﬁed date or dates a national ﬁshing vessel or a foreign ﬁshing vessel; (b) there was or was not on a speciﬁed date or dates a licence or certiﬁcate of registration issued in respect of a speciﬁed vessel; (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 vessel, 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 vessel, premises or person; (e) a call sign, name or number is that of a particular vessel or has been allotted under any system of naming, numbering or otherwise identifying vessels to a particular vessel; (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 General of the Forum Fisheries Agency shows that a speciﬁed vessel does or does not have good standing; (j) an appended statement received from the Director General of the Forum Fisheries Agency shows that a speciﬁed vessel does or does not have VMS registration; or (k) a particular position report, catch report or other report, a copy of which is appended, was given in respect of a speciﬁed vessel.
(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 or her in writing, may give a certiﬁcate as to the cause and manner of death of or injury to any ﬁsh.
35 Evidence regarding vessels (1) For the purposes of Section 31 of the Act, an authorised officer or observer may give a certiﬁcate that a speciﬁed vessel was or was not, at a speciﬁed 109 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 89 Date: 6/8/2021 Time: 9:54:8 bwpageid:: 109:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU reg 35 date and time or during a speciﬁed period of time, in a particular place or area, and in the certiﬁcate shall state: (a) his or her name, address, official position, country of appointment and the provision under which he or she is appointed; (b) the name and, if known, call sign of the vessel concerned; (c) the date and time or period of time the vessel was in the place or area; (d) the place or area in which it is alleged the vessel was located; and (e) the instrument or method used to ﬁx the place or area stated in paragraph (d).
(2) Where an instrument used to ﬁx a place or area under subregulation (1) is not part of the Regional Vessel Monitoring System, the person giving the certiﬁcate under that subregulation shall also state: (a) the accuracy of the instrument within speciﬁed limits; (b) that he or she checked the instrument a reasonable time before and after it was used to ﬁx the position and it appeared to be working correctly; and (c) where the instrument used is not judicially recognised as notoriously accurate, a declaration that he or she checked 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 vessel under subregulation (1) is determined by the use of the Regional Vessel Monitoring System, the authorised officer or observer who is giving the certiﬁcate shall also state: (a) that he or she is competent to read and interpret the printout or visual display unit of the machine used to ascertain information from the Regional Vessel Monitoring System; (b) the date and time the information was obtained or ascertained from the machine; (c) the name and call sign of the vessel on which the approved automatic location communicator is or was located as known to him or her 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.
(4) All information or data obtained or ascertained by the use of an approved automatic location communicator on board a vessel shall be presumed, unless the contrary is proved, to: (a) come from the vessel identiﬁed as the vessel on which the approved automatic location communicator is installed; (b) be accurately transmitted or transferred; and (c) be given by the operator of the vessel, 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 subregulation (4) shall apply whether or not information was stored before or after any transmission or transfer.
the Service 0 110 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 90 Date: 6/8/2021 Time: 9:54:8 bwpageid:: 110:: bwservice::0:: reg 39 36 37 38 FISHERIES REGULATIONS 1998 Photographic evidence (1) 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 and time and from that position.
(2) The presumption in subregulation (1) shall arise only if: (a) the camera taking the photograph is connected directly to the instruments which 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 subregulation (1) may give a certiﬁcate, appending the photograph, stating: (a) his or her name, address, official position, country of appointment and provision under which he or she is appointed; (b) the name and call sign, if known, of any vessel appearing in the photograph; (c) the names of the camera, watch or clock or other instruments supplying the date and time and the position ﬁxing instrument and a declaration that he or she checked those instruments a reasonable time before and after the taking of the photograph and, if necessary, in accordance with subregulation (2)(b) and that they all appeared to be working correctly; (d) the matters set out in subregulation (2)(a); (e) the accuracy of the ﬁxing instrument used within speciﬁed limits; and (f) the maximum possible distance and the direction of the subject of the photograph away from the camera at the time the photograph was taken.
Registers of licences The Authority shall keep registers in Form 11 of Schedule 1 of all licences issued or granted under the Act.
Offences regarding licences A person who: (a) without lawful authority, alters or defaces any licence issued under the Act or these Regulations; or (b) falsely represents himself or herself to be a person lawfully licenced under these Regulations, is guilty of an offence and is liable to a penalty: (i) in a case involving a foreign ﬁshing licence, not exceeding $50,000; (ii) in a case involving the use of a national ﬁshing vessel licence, not exceeding $10,000; or (iii) in any other case, not exceeding $1,000.
39 Interfering with evidence (1) A person who, being on board any vessel being pursued, about to be boarded or notiﬁed that it will be boarded by an authorised officer, throws 111 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 91 Date: 6/8/2021 Time: 9:54:8 bwpageid:: 111:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU reg 39 overboard or destroys any ﬁsh, ﬁshing equipment, explosive, poison, noxious substance, chart, log, document or other thing with intent to avoid the Act or these its seizure or the detection of an offence against Regulations, is guilty of an offence.
(2) A person who removes from custody any vessel, ﬁsh, equipment or other item held in custody under the Act or these Regulations, or does any act or omission by which a vessel, ﬁsh, equipment or other item held in custody under the Act or these Regulations may be removed from custody, is guilty of an offence.

(3) Subregulation (2) applies whether or not the person accused of the offence knew that the vessel, ﬁsh, equipment or other item was being held in custody.
(4) Where an approved automatic location communicator is required to be ﬁtted to a vessel and is so ﬁtted, a person who, whether in Nauru, in ﬁsheries waters or on the high seas: (a) intentionally, recklessly or negligently destroys, damages, renders inoperative or otherwise interferes with any part of the automatic location communicator; (b) intentionally feeds or inputs into the automatic location communicator information or data which is not officially required or is meaningless; or (c) knowingly switches off the approved automatic location communicator at any time that the vessel on which it is installed is at sea, is guilty of an offence.
(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 ﬁshing vessel, not exceeding $50,000; (b) in a case involving the use of a national ﬁshing vessel, not exceeding $10,000; (c) in the case of a crew member of a foreign or a national ﬁshing vessel, not exceeding $5,000; or (d) in any other case, not exceeding $1,000.

40 Association with driftnet ﬁshing (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 subregulation (1) or (2) is guilty of an offence and is liable to a penalty not exceeding $5,000.
Service 0 112 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 92 Date: 6/8/2021 Time: 9:54:8 bwpageid:: 112:: bwservice::0:: reg 43 FISHERIES REGULATIONS 1998 (4) A person who, anywhere in ﬁsheries waters or in the Republic, tranships, offloads or imports, or permits the transhipment, offloading or import of, any ﬁsh or ﬁsh product which he or she knows or reasonably suspects has been taken with the use of a driftnet is guilty of an offence and is liable to a penalty not exceeding $5,000.
41 Explosives and poison (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 or her 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 vessel shall be presumed, unless the contrary is proved, to be intended for the purposes referred to in subregulation (1)(a).
(3) A person who lands, sells, receives or possesses any ﬁsh taken by a means which contravenes subregulation (1)(a), and who knows or has 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 1 year or both; or (b) in any other case, to a ﬁne not exceeding $1,000 or imprisonment for a term, not exceeding 2 years, or both.
Fish aggregating devices (1) No person shall place a ﬁsh aggregating device in ﬁsheries waters except with the permission in writing of the Chief Executive Officer and in accordance with such conditions as he or she 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 vessel, other than a small boat, to ﬁsh within a radius of 2 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 or she may specify.

(4) A ﬁsh aggregating device placed in ﬁsheries waters otherwise than in accordance with permission given under subregulation (1) may be used or disposed of as the Chief Executive Officer directs.
(5) A person who contravenes subregulation (1) or (3) is guilty of an offence and is liable to a penalty not exceeding $500.
42 43 Importation of live ﬁsh (1) A person who, without the permission in writing of the Chief Executive Officer subject to such conditions as the Chief Executive Officer sees ﬁt: (a) imports or attempts to import any live ﬁsh into Nauru; or 113 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 93 Date: 6/8/2021 Time: 9:54:8 bwpageid:: 113:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU reg 43 (b) introduces into any part of ﬁsheries waters any live ﬁsh which is not indigenous to 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 subregulation (1), he or she may cause the ﬁsh to be seized and destroyed or otherwise disposed of, and for this purpose, may require a 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 subregulation (2) is guilty of an offence and liable to a penalty not exceeding $5,000.

44 Sale of ﬁsh (1) The Minister may from time to time, by notice in the Gazette, declare: (a) the price or range of prices for which; (b) the method, whether by piece, weight or other form of measurement, by 45 which; and (c) the 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 subregulation (1), the Minister: (a) shall consult with the Board; and (b) may consult with any other person or body whom he or she considers appropriate.

(3) A person who sells ﬁsh in breach of a notice under subregulation (1), is guilty of an offence and is liable to a penalty not exceeding $1,000.
Provision of information (1) A person engaged in ﬁshing or a ﬁsheries activity in ﬁsheries waters or in 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, landings, processing, sales, purchases, exports and other related transactions, in such form as the Chief Executive Officer may require, or as is provided under these Regulations.
(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 or her, but the information is not admissible in evidence against him or her 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 subregulation (1) false, incomplete or misleading shall be notiﬁed immediately to the appropriate person, authority or body.
(5) A person who: Service 0 114 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 94 Date: 6/8/2021 Time: 9:54:8 bwpageid:: 114:: bwservice::0:: reg 45 FISHERIES REGULATIONS 1998 (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; (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 or by an agent or employee of the person; (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 (d) refuses or knowingly fails to provide any information, particulars, report or return required by the Act or these Regulations, is guilty of an offence and is liable to a penalty not exceeding $50,000.
115 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 95 Date: 6/8/2021 Time: 9:54:8 bwpageid:: 115:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 116 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 96 Date: 6/8/2021 Time: 9:54:8 bwpageid:: 116:: bwservice::0:: SCHEDULE 1 FORM 1 REPUBLIC OF NAURU FISHERIES REGULATIONS 1998 [Regulation 3] APPLICATION FOR SMALL BOAT REGISTRATION An application for Small Boat Registration shall be made by the owner of a small boat (less than 10 metres in length) which is used for ﬁshing in ﬁsheries waters.
DETAILS OF APPLICANT Name of owner: Address: Make Hull type (eg aluminium, wooden, etc) Colour and other distinguishing marks Horsepower and make of engine Length overall VESSEL DETAILS Main use Previously registered?

(check (U) one) If yes, whereabouts of last Registration Certiﬁcate Yes □ No □ 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 Fisheries and 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.
117 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 97 Date: 6/8/2021 Time: 9:54:8 bwpageid:: 117:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU FORM 1 ____________________________ Applicant’s signature ____________________________ Print full name _______________ Date This application is to be forwarded to the Chief Executive Officer, Nauru Fisheries and Marine Resources Authority at the address below and is to be accompanied by the prescribed fee.
Chief Executive Officer Nauru Fisheries & Marine Resources Authority: c/o Licencing & Revenue Office Republic of Nauru Central Paciﬁc Telephone: (674) 557 3055 (674) 557 3733 (674) 557 3733 Email ceonauruﬁsh@gmail.com nauruﬁsh@gmail.com [Form 1 am GN No 719/2010 reg 3 and Sch clause 1.1, opn 1 Jan 2011] Service 0 118 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 98 Date: 6/8/2021 Time: 9:54:8 bwpageid:: 118:: bwservice::0:: FORM 2 FISHERIES REGULATIONS 1998 FORM 2 REPUBLIC OF NAURU FISHERIES REGULATIONS 1998 [Regulation 3] SMALL BOAT REGISTRATION CERTIFICATE Registration number: Date of issue: This 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 Make: Hull type: Colour and other distinguishing marks: Horsepower and make of engine: Length overall: Safety equipment to be carried: PARTICULARS OF OWNER Name: Address: PERIOD OF VALIDITY From to inclusive.
119 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 99 Date: 6/8/2021 Time: 9:54:8 bwpageid:: 119:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU FORM 2 ______________________________________ Chief Executive Officer NAURU FISHERIES AND MARINE RESOURCES _______________ Date TRANSFER OF OWNERSHIP To: The Chief Executive Officer Nauru Fisheries and Marine Resources Authority I declare that on the to (name of new owner) day of 20 , I transferred ownership of this ﬁshing boat or otherwise ceased to be the owner of this boat.
___________________________________ Signature ___________________________________ Print Name _______________ Date 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 and 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 or her behalf) _______________ Date This application is to be forwarded to the Chief Executive Offıcer, Nauru Fisheries and Marine Resources Authority, at the address shown below Chief Executive Officer Nauru Fisheries & Marine Resources Authority: c/o Licencing & Revenue Office Republic of Nauru Central Paciﬁc Telephone: (674) 557 3055 (674) 557 3733 (674) 557 3733 Email ceonauruﬁsh@gmail.com nauruﬁsh@gmail.com Service 0 120 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 100 Date: 6/8/2021 Time: 9:54:9 bwpageid:: 120:: bwservice::0:: FORM 3 FISHERIES REGULATIONS 1998 ] 4 n o i t a l u g e R [ & P H r e h t O & 121 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 101 Date: 6/8/2021 Time: 9:54:9 bwpageid:: 121:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU FORM 4 FORM 4 REPUBLIC OF NAURU FISHERIES REGULATIONS 1998 [Regulation 24] APPLICATION FOR A FOREIGN FISHING VESSEL FISHING LICENCE An application for a Foreign Fishing Vessel Licence shall be made by or on behalf of the operator of a foreign ﬁshing vessel which is used for ﬁshing or a ﬁsheries activity in the ﬁsheries waters of the Republic of Nauru.
Name of Applicant Current Licence Number (if any) Address Tel: _____________ Fax: _______ Telex: ______ Vessel Type Year Built Name of Vessel Size of Vessel (specify) Country Registration Number International Radio Call Sign GRT (Other________) Number of Citizen Crew Regional Register Number VMS Registration Number Desired Effective Date Fishing Methods Area of Operation Target Species ALC* Inmarsat C Mobile No (IMN) *ALC shall be of a type approved under Nauru Fisheries and Marine Resources Authority Regulations.
Alternate Vessel Contact Details Inmarsat A No Inmarsat B No Service 0 122 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 102 Date: 6/8/2021 Time: 9:54:9 bwpageid:: 122:: bwservice::0:: FORM 4 FISHERIES REGULATIONS 1998 Inmarsat M No Mobile Phone No Telex No (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 vessel survey certiﬁcates, gear speciﬁcations, past involvement with the development and management of Nauru’s ﬁshing resources etc.)
REMITTANCE OF LICENCE FEE 123 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 103 Date: 6/8/2021 Time: 9:54:9 bwpageid:: 123:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU FORM 5 FORM 5 REPUBLIC OF NAURU FISHERIES REGULATIONS 1998 FOREIGN FISHING LICENCE [Regulation 24] Name of Licence Holder Address Licence Number Vessel Type Year Built Licence Expiry date (dd/mm/yyyy) _ / _ / __ The Licence Holder and the Vessel named below are hereby licenced 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.
GRT (Other________) Name of Vessel Size of Vessel (specify) 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 Make Registration number, make and name and address of operator of any aircraft used in association with ﬁshing activities: Service 0 124 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 104 Date: 6/8/2021 Time: 9:54:9 bwpageid:: 124:: bwservice::0:: FORM 5 FISHERIES REGULATIONS 1998 Registration Number Name Address Make For and on behalf of the Licencing Country ____________________________________ Chief Executive Officer NAURU FISHERIES AND MARINE RESOURCES AUTHORITY _____________ Date SELECTED CONDITIONS OF FOREIGN FISHING VESSEL FISHING LICENCE 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.
[Form 5 am GN No 719/2010 reg 3 and Sch clause 1.2, opn 1 Jan 2011] THIS LICENCE IS NOT TRANSFERABLE 125 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 105 Date: 6/8/2021 Time: 9:54:9 bwpageid:: 125:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU FORM 6 FORM 6 REPUBLIC OF NAURU FISHERIES REGULATIONS 1998 APPLICATION FOR A NATIONAL FISHING LICENCE [Regulation 26] An application for a National Fishing Vessel Licence shall be made by or on behalf of the operator of a national ﬁshing vessel which is used for ﬁshing or a ﬁsheries activity in the ﬁsheries waters of the Republic of Nauru.
Name of Applicant Current Licence Number (if any) Address Tel: _____________ Fax: ______ Telex: ______ Vessel Type Year Built Name of Vessel Size of Vessel (specify) Country Registration Number International Radio Call Sign GRT (Other________) Number of Citizen Crew Regional Register Number VMS Registration Number Desired Effective Date Fishing Methods Area of Operation Target Species ALC* Inmarsat C Mobile No (IMN) *ALC shall be of a type approved under Nauru Fisheries and Marine Resources Authority Regulations.
Alternate Vessel Contact Details Inmarsat A No Service 0 126 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 106 Date: 6/8/2021 Time: 9:54:9 bwpageid:: 126:: bwservice::0:: FORM 6 FISHERIES REGULATIONS 1998 Inmarsat B No Inmarsat M No Mobile Phone No Telex No PARTICULARS OF OPERATORS AND VESSEL OPERATION Address: Address: Address: Registered Owner: Charterer: Master: Home port of vessel: 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 vessel is a national ﬁshing vessel and whether to grant a licence, such as vessel survey certiﬁcates, gear speciﬁcations, marketing arrangements, cash ﬂow projections, further details regarding vessel 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 and 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.
___________________________________ ___________________ 127 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 107 Date: 6/8/2021 Time: 9:54:9 bwpageid:: 127:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU FORM 6 Applicant’s Signature (Operator or applicant on his or her behalf) Date This application is to be forwarded to the Chief Executive Officer, Nauru Fisheries and Marine Resources Authority, at the address shown below Chief Executive Officer Nauru Fisheries & Marine Resources Authority: c/o Licencing & Revenue Office Republic of Nauru Central Paciﬁc Telephone: (674) 557 3055 (674) 557 3733 (674) 557 3733 Email ceonauruﬁsh@gmail.com nauruﬁsh@gmail.com [Form 6 am GN No 719/2010 reg 3 and Sch clause 1.3, opn 1 Jan 2011] Service 0 128 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 108 Date: 6/8/2021 Time: 9:54:9 bwpageid:: 128:: bwservice::0:: FORM 7 FISHERIES REGULATIONS 1998 FORM 7 REPUBLIC OF NAURU FISHERIES REGULATIONS 1998 NATIONAL FISHING LICENCE [Regulation 26] Name of Licence Holder Address Licence Number Vessel Type Year Built Licence Expiry date (dd/mm/yyyy) _ / _ / __ The Licence Holder and the Vessel named below are hereby licenced 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.
GRT (Other________) Name of Vessel Size of Vessel (specify) 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 Make Registration number, make and name and address of operator of any aircraft used in association with ﬁshing activities: 129 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 109 Date: 6/8/2021 Time: 9:54:10 bwpageid:: 129:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU FORM 7 Make Registration Number Name Address For and on behalf of the Licencing Country Vessels ALC* Inmarsat C Mobile Number (IMN) ___________________________________ Chief Executive Officer NAURU FISHERIES AND MARINE RESOURCES AUTHORITY _____________ Date SELECTED CONDITIONS OF NATIONAL FISHING VESSEL FISHING LICENCE FAILURE TO COMPLY WITH THESE AND ALL OTHER TERMS AND CONDITIONS OF THE LICENCE, THE FISHERIES ACT 1997 AND REGULATIONS MADE UNDER IT, IN ADDITION TO ANY JUDICIAL PENALTIES THAT MAY BE INCURRED, RESULT IN THE SUSPENSION OR LOSS OF THIS LICENCE, EITHER TEMPORARILY OR PERMANENTLY.
[Form 7 am GN No 719/2010 reg 3 and Sch clause 1.2, opn 1 Jan 2011] THIS LICENCE IS NOT TRANSFERABLE Service 0 130 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 110 Date: 6/8/2021 Time: 9:54:10 bwpageid:: 130:: bwservice::0:: FORM 8 FISHERIES REGULATIONS 1998 FORM 8 REPUBLIC OF NAURU FISHERIES REGULATIONS 1998 APPLICATION FOR A GAME FISHING LICENCE [Regulation 29] An application for a Game Fishing Licence shall be made in respect of a vessel (including a Small Vessel) which is used for reward or hire for game or sport ﬁshing in the ﬁsheries waters of the Republic of Nauru.
PARTICULARS OF VESSEL Name: Type: Built of: Gross tonnage (or engine power of Small Boat): International Radio Call Sign: (if any): Regional Register No: (if applicable) PARTICULARS OF OWNER AND OPERATOR Area of operation: Length (LOA): Port of Registry: (if registered) Country or Small Vessel Registration No Speciﬁed Fishstock(s): 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 vessel 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 and Marine Resources 131 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 111 Date: 6/8/2021 Time: 9:54:10 bwpageid:: 131:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU FORM 8 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 or her behalf) _______________ Date Name: Address: Tel: Fax: Telex: This application is to be forwarded to the Chief Executive Officer, Nauru Fisheries and Marine Resources Authority, at the address shown below Chief Executive Officer Telephone: Nauru Fisheries & Marine Resources Authority: c/o Licencing & Revenue Office Email ceonauruﬁsh@gmail.com nauruﬁsh@gmail.com Republic of Nauru Central Paciﬁc (674) 557 3055 (674) 557 3733 (674) 557 3733 CONDITIONS OF RESEARCH Area of operation Fishing method Sampling strategy Targeted ﬁshstock Maximum quantity Manner of disposal Other Conditions: Research Project Report to be submitted to the Nauru Fisheries and Marine Resources Authority by:.
__________________________________ Chief Executive Officer NAURU FISHERIES AND MARINE RESOURCES AUTHORITY ______________ Date Service 0 132 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 112 Date: 6/8/2021 Time: 9:54:10 bwpageid:: 132:: bwservice::0:: FORM 8 FISHERIES REGULATIONS 1998 [Form 8 am GN No 719/2010 reg 3 and Sch clause 1.3, opn 1 Jan 2011] 133 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 113 Date: 6/8/2021 Time: 9:54:10 bwpageid:: 133:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU FORM 9 FORM 9 REPUBLIC OF NAURU FISHERIES REGULATIONS 1998 GAME FISHING LICENCE [Regulation 29] Licence Number This vessel is licenced as shown to be used for game or sport ﬁshing for reward or hire in the ﬁsheries waters of the Republic of Nauru in accordance with the Fisheries Act 1997 and the terms and conditions set out below.
Date of issue PARTICULARS OF VESSEL Type: Gross tonnage (or engine power of Small Boat): International Radio Call Sign: (if any): Regional Register No: (if applicable) PARTICULARS OF OWNER AND OPERATOR Address: Address: Name: Length (LOA): Port or Place of Registry Country or Small Boat Registration No Registered Owner: Operator (if different Owner PARTICULARS OF OPERATION Service 0 134 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 114 Date: 6/8/2021 Time: 9:54:10 bwpageid:: 134:: bwservice::0:: FORM 9 FISHERIES REGULATIONS 1998 Speciﬁed Fishstock(s): Fishing Method: (give details) Area of operation: PERIOD OF VALIDITY From to inclusive.
__________________________________________ ________________ Chief Executive Officer NAURU FISHERIES AND MARINIE RESOURCES AUTHORITY Date SELECTED CONDITIONS OF GAME FISHING LICENCE The operator of the vessel 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 vessel 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 vessel shall only be used for such ﬁshing and during such periods and in such places as are speciﬁed in the licence.
The vessel 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; an (c) display lights and shapes for the vessel and activity in which it is engaged in compliance with the requirements of the International Regulations for Preventing Collisions at Sea.
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 135 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 115 Date: 6/8/2021 Time: 9:54:10 bwpageid:: 135:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU FORM 10 FORM 10 REPUBLIC OF NAURU FISHERIES REGULATIONS 1998 RESEARCH PERMIT [Regulation 32] The holder of this Research Permit may engage in research activities in the ﬁsheries waters of the Republic of Nauru in accordance with the Fisheries Act 1997 and the terms and conditions set out below.
PARTICULARS OF PERMIT HOLDER Name: Address: Name: Length (LOA): Port of Registry Country Registration No: Support craft: (number, type, function.)
Name: Address: Service 0 REGISTERED OWNER Type: Gross tonnage: International Radio Call Sign: Regional Register No Support aircraft (Make & Registration No) Name: Address: 136 MASTER Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 116 Date: 6/8/2021 Time: 9:54:10 bwpageid:: 136:: bwservice::0:: FORM 10 FISHERIES REGULATIONS 1998 PERIOD OF VALIDITY From to inclusive.
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; (b) Scientiﬁc observers and any other personnel designated by the Chief Executive Officer shall be allowed on board the vessel and shall be allowed to participate fully in the research project both on board the vessel 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; (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 137 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 117 Date: 6/8/2021 Time: 9:54:10 bwpageid:: 137:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU FORM 11 ] 7 3 n o i t a l u g e R [ Service 0 138 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 118 Date: 6/8/2021 Time: 9:54:10 bwpageid:: 138:: bwservice::0:: SCHEDULE 2 [Regulation 3, 13, 14, 32] PERIOD AND FEES OF LICENCES Class of Licence, etc 1.
Small boat registration 2.

Transfer of registration certiﬁcate 3.

Foreign ﬁshing licence: 4.

National ﬁshing licence 5.

Game ﬁshing licence 6.

Research Permit Fee (a) canoe or vessel, non- powered — $25 (b) canoe or vessel, powered — $50 $10 (a) Access fee according to access agreement (b) Fishing fee according to access agreement (a) where overall length does not exceed 15 m — $250 (b) where overall length exceeds 15 m — $500 $300 $200 7.
Issue of duplicate licence, permit or certiﬁcate $20 Period of Licence or Permit 1 year according to access agreement 1 year 1 year as speciﬁed, but not exceeding 1 year 139 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 119 Date: 6/8/2021 Time: 9:54:11 bwpageid:: 139:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 140 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 120 Date: 6/8/2021 Time: 9:54:11 bwpageid:: 140:: bwservice::0:: SCHEDULE 3 [Regulation 27] MARKINGS OF FISHING VESSELS (1) A licenced vessel, other than a registered small vessel, shall have displayed: (a) its name or identiﬁcation and port of registry in Roman letters; and (b) its markings, which shall be its International Telecommunications Union Radio Call Sign, or, where the vessel does not have such a sign, the characters allocated by the International Telecommunications Union to the ﬂag State of the vessel, followed by a hyphen, followed by the licence or registration number assigned by the ﬂag State to the vessel.
(2) The markings referred to in subregulation (1) shall be displayed: (a) on the vessel’s side or superstructure, port and starboard, as high as possible above the waterline and in no case extending below the waterline, avoiding the ﬂare of the bow and stern, and clear of any ﬂow from scuppers or overboard discharges; (b) athwartships on the deck with the tops of the numbers and letters towards the bow; (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.
(3) The markings referred to in subregulation (1) shall be: (a) painted directly onto the hull, superstructure or deck, as the case may be; (b) white on a black background or black on a white background; (c) in block letters and numbers throughout; and (d) maintained in good condition at all times.
(4) The sizes of vessel markings referred to in subregulation (1) shall be as follows: (a) for marks on the hull or superstructure, according to the following table: Length of Vessel Overall (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 Height of Letters and Numbers (in Metres) 1.0 0.8 0.6 0.4 0.3 0.1; (b) for marks on the deck, not less than one metre for all vessels of overall length of 5 metres or more; (c) the length of the hyphen shall be half the height of the letters and numbers; (d) the width of the stroke for all letters and numbers, and the hyphen, shall be one-sixth of the height; (e) the space between all letters and numbers shall be not less than one-sixth or greater than one-quarter the height; (f) the space between adjacent letters having sloping sides shall be not less than one-tenth or greater than one-eighth the height; and (g) the background shall extend to provide a border around the markings of not less than one-sixth the height of the letters and numbers.
141 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 121 Date: 6/8/2021 Time: 9:54:11 bwpageid:: 141:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 142 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 122 Date: 6/8/2021 Time: 9:54:11 bwpageid:: 142:: bwservice::0:: SCHEDULE 4 REPORT FORMS [Regulation 27] [Sch 4 am GN No 719/2010 reg 3 and Sch clauses 2.1–2.2, opn 1 Jan 2011] (1) Weekly Reports (a) report type (WEEK); (b) trip begin date; (c) date and time (GMT); (d) international call sign; (e) licence number; (f) vessel name; (g) Regional Register number; (ga) observer name and country; (h) position (to one minute of arc); (i) catch on board by weight by type; (j) intended action, as: WEEK / TBD / ddmmyy / TIME / CALL SIGN / LICNO / VESSEL NAME / R.REGNO / OBSNAME / OBCOUNTRY / 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); (b) trip begin date; (c) date and time (GMT); (d) international call sign; (e) licence number; (f) vessel name; (g) Regional Register number; (ga) observer name and country; (h) position (to one minute of arc); (i) catch on board by weight by type; (j) intended action, as: ZENT (or ZEXT) / TBD / ddmmyy / TIME / CALL SIGN / LICNO / VESSEL NAME / R.REGNO / OBSNAME / OBCOUNTRY / LA 1111 / LO 11111 / 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) vessel name; (e) Regional Register number; (f) position (to one minute of arc); (g) catch on board by weight by type; (ga) observer name and country; (h) intended action, as: CAENT (or CAEXT) / TBD / ddmmyy / TIME / CALL SIGN / LICNO / VESSEL NAME / R.REGNO / OBSNAME / OBCOUNTRY / LA 1111 / LO 11111 / SJ www YF xxx BE yyy OTH zzz / INTENDED ACTION 143 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 123 Date: 6/8/2021 Time: 9:54:11 bwpageid:: 143:: bwservice::0:: LAWS OF
 THE REPUBLIC OF NAURU Sch 4 (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; (ga) observer name and country; (h) position (to one minute of arc); (i) catch on board by weight by type; (j) estimated point of transhipment; (k) estimated time of arrival at rendezvous for transhipment (GMT); (l) name of vessels involved in transhipment, as: SEATRANS / TBD / ddmmyy / TIME / CALL SIGN / LICNO / VESSEL NAME / R.REGNO / OBSNAME / OBCOUNTRY / LA 1111 / LO 11111 / SJ www YF xxx BE yyy OTH zzz / LA LO / ETA / NAMES (5) Notice of Port Entry or Transhipment/Offloading 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; (ga) observer name and country; (h) position (to one minute of arc); (i) catch on board by weight by type; (j) estimated time of entry into port or arrival at rendezvous for transhipment (other than transhipment by foreign ﬁshing vessel) (GMT); (k) port name or vessel to which transhipping (for transhipment other than transhipment by foreign ﬁshing vessel); (l) intended action, as: PENT / TBD / ddmmyy / TIME / CALL SIGN / LICNO / VESSEL NAME / R.REGNO / OBSNAME / OBCOUNTRY / LA 1111 / LO 11111 / SJ www YF xxx BE yyy OTH zzz / ETA / PORT NAME / INTENDED ACTION (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; (ga) observer name and country; (h) position (to one minute of arc); (i) catch transferred by weight by type; (j) name of carrier/shore establishment; (k) destination of catch, Service 0 144 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 124 Date: 6/8/2021 Time: 9:54:12 bwpageid:: 144:: bwservice::0:: Sch 4
 FISHERIES REGULATIONS 1998 as: TRANS / TBD / ddmmyy / TIME / CALL SIGN / LICNO / VESSEL NAME / R.REGNO / OBSNAME / OBCOUNTRY / LA 1111 / LO 11111 / SJ www YF xxx BE yyy OTH zzz / CARRIER NAME / DESTINATION OF CATCH (7) Trip Completion Report (a) report type (COMP); (b) trip begin date; (c) date and time (GMT); (d) international call sign; (e) licence number; (f) vessel name; (g) Regional Register number; (ga) observer name and country; (h) trip completion date; (i) place of discharge of catch; (j) catch discharged by weight by type, as: COMP / TBD / ddmmyy / TIME / CALL SIGN / LICNO / VESSEL NAME / R.REGNO / OBSNAME / OBCOUNTRY / TCD / PORT NAME / SJ www YF xxx BE yyy OTH zzz 145 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 125 Date: 6/8/2021 Time: 9:54:12 bwpageid:: 145:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 146 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 126 Date: 6/8/2021 Time: 9:54:12 bwpageid:: 146:: bwservice::0:: Fisheries (PNA Third Implementing Arrangement) Regulations 2009 TABLE OF PROVISIONS Regulation Title PART 1 — PRELIMINARY 6A 7 8 9 10 Citation Objective Commencement Interpretation PART 2 — MEASURES Fishing Licences not valid unless speciﬁc terms complied with Requirement for catch retention Sets associated with whale sharks prohibited Use of Fish Aggregating Devices prohibited Fishing in certain areas of the high seas prohibited Requirement for use of observers Use of Automatic Location Communicators Required PART 3 — OFFENCES AND PENALTIES [Repealed] SCHEDULE 1 — 31A DISCARD REPORTING FORM SCHEDULE 2 — A THIRD ARRANGEMENT IMPLEMENTING THE NAURU AGREEMENT SET FORTH ADDITIONAL TERMS AND CONDITIONS OF ACCESS TO THE FISHERIES OF THE PARTIES 147 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 127 Date: 6/8/2021 Time: 9:54:12 bwpageid:: 147:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 148 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 128 Date:
Page: 128 Date: 6/8/2021 Time: 9:54:12 bwpageid:: 148:: bwservice::0:: Fisheries (PNA Third Implementing Arrangement) Regulations 2009 TABLE OF AMENDMENTS The Fisheries (PNA Third Implementing Arrangement) Regulations 2009 were notiﬁed on 30 July 2009 and commenced on 1 January 2010 (Reg 3).
Amending Legislation Notiﬁed Date of Commencement Fisheries (PNA Third Implementing Arrangement) (Amendment) Regulations 2010 GN No 720/2010 Fisheries (PNA Third Implementing Arrangement) (Amendment) Regulations 2015 SL 11 31 December 2010 1 January 2011 24 September 2015 24 September 2015 Revised Written Laws Act 2021 No 7 1 June 2021 1 June 2021 149 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 129 Date: 6/8/2021 Time: 9:54:12 bwpageid:: 149:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 150 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 130 Date: 6/8/2021 Time: 9:54:12 bwpageid:: 150:: bwservice::0:: IN EXERCISE of the powers conferred on it by Section 42 of the Fisheries Act 1997 the Cabinet has made the following Regulations: 1 2 3 4 PART 1 — PRELIMINARY Citation These Regulations may be cited as the Fisheries (PNA Third Implementing Arrangement) Regulations 2009.
Objective These Regulations are intended to give domestic legislative effect to the Third Implementing Arrangement and shall be interpreted and applied in the context of and in a manner consistent with the Nauru Agreement.

Commencement These Regulations shall commence on 1 January 2010.
Interpretation In these Regulations: ‘Arrangement Area’ means the ﬁsheries zones of the PNA and adjacent high seas areas described in the Third Implementing Arrangement; ‘Associated electronic equipment’ means any device or system that can be used by any vessel to locate, track or otherwise monitor a Fish Aggregating Device; ‘Automatic location communicator’ means a Forum Fisheries Agency (FFA) approved machine or a system of machines which when installed on a vessel is wholly or partially capable in itself of determining the vessel’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 vessel; ‘CEO’ means the Chief Executive Officer of the Nauru Fisheries and Marine the Nauru Fisheries and Marine Resources Authority appointed under Resources Authority Act 1997; ‘Deployment’ means the introduction into the sea of a FAD or associated electronic equipment; ‘Exclusive Economic Zone’ means the zone deﬁned by the Sea Boundaries Act 1997; ‘Fisheries zone’ has the same meaning as “exclusive economic zone”; ‘Fish Aggregating Device’ or ‘FAD’ means any object or group of objects of any size ﬂoating on or near the surface of the water or semi-submerged in the water or moving slowly near the surface of the water, whether living or non-living, that has been deployed for the purpose of aggregating ﬁsh, or that has not been so deployed but which has or is likely to have the effect of aggregating ﬁsh, including but not limited to buoys, ﬂoats, netting, webbing, plastics, bamboo, logs and large sea animals; 151 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 131 Date: 6/8/2021 Time: 9:54:12 bwpageid:: 151:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU reg 4 ‘High Seas’ means all parts of the sea that are not included in the exclusive economic zone, territorial sea, and internal waters of Nauru deﬁned in the Sea Boundaries Act 1957 and are not part of the recognised exclusive economic zone of
 any other State; ‘Licence’ means a licence, permit or authorisation issued by the CEO, or by a regional authority pursuant to a Regional Licencing Arrangement, in accordance with Section 12 of the Act; ‘Licenced vessel’ means a vessel licenced or deemed to be licenced under Section 12 of the Act; ‘Minister’ [def rep GN No 720/2010 reg 3 and Sch clause 1.1, opn 1 Jan 2011] ‘Mobile Transceiver Unit’ has the same meaning as “automatic location communicator”; ‘Nauru Agreement’ means the Nauru Agreement Concerning Cooperation in the Management of Fisheries of Common Interest; ‘Operator’ means the owner, master or charterer and any other person who is in charge of, responsible for the operations of, directs or controls a ﬁshing vessel, but does not include a pilot; ‘Party’ means a Party to the Nauru Agreement; ‘PNA’ means the Parties to the Nauru Agreement; ‘Prohibition period’ means the period of time between 0001 hours GMT on 1 July and 2359 hours GMT on 30 September each year.
‘Regional authority’ means the Administrator of the Treaty on Fisheries between the Governments of Certain Paciﬁc Islands States and the Government of the United States of America and the Administrator of the Federated States of Micronesia Arrangement for Regional Fisheries Access; ‘Related activities’ in relation to ﬁshing means: (a) refuelling or supplying ﬁshing vessels, selling or supplying ﬁshing equipment or performing other activities in support of ﬁshing including the deployment and servicing of FADs; or (b) storing, buying, transshipping, processing or transporting ﬁsh or ﬁsh products taken from the Arrangement Area up to the time such ﬁsh or ﬁsh products are ﬁrst landed; ‘Retrieval’ or ‘retrieved’ in relation to Fish Aggregating Devices or associated electronic equipment means the collection or removal from the water of any Fish Aggregating Device or associated electronic equipment; ‘Servicing’ means the cleaning, maintenance, repair, enhancement, movement and any other related activity, of Fish Aggregating Devices or associated electronic equipment; ‘Sub-regional observer programme’ means an observer programme established pursuant to the Treaty on Fisheries between the Governments of Certain Paciﬁc the Islands States and the Government of the United States of America, Federated States of Micronesia Arrangement for Regional Fisheries Access and other observer programmes agreed to by the PNA from time to time; Service 0 152 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 132 Date: 6/8/2021 Time: 9:54:12 bwpageid:: 152:: bwservice::0:: reg 4 FISHERIES (PNA THIRD IMPLEMENTING ARRANGEMENT) REGULATIONS 2009 Implementing Arrangement’ means ‘Taken’ in relation to catch retention means the capture of ﬁsh but does not include the release or discard of ﬁsh; ‘the Act’ [def rep GN No 720/2010 reg 3 and Sch clause 1.1, opn 1 Jan 2011] ‘Third the Third Arrangement Implementing the Nauru Agreement Setting Forth Additional Terms and Conditions of Access to the Fisheries Zones of the Parties, done at Koror, Republic of Palau on 16 May 2008, as set out in Schedule 2; ‘transshipment’ means the transfer of all or any of the ﬁsh on board a ﬁshing vessel to another vessel either at sea or in port, and does not include net sharing; and [def subst SL 11 of 2015 reg 4, opn 24 Sep 2015] ‘Vessel’ does not include a small vessel.
153 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 133 Date: 6/8/2021 Time: 9:54:12 bwpageid:: 153:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 154 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 134 Date: 6/8/2021 Time: 9:54:12 bwpageid:: 154:: bwservice::0:: 5 6 PART 2 — MEASURES Fishing Licences not valid unless speciﬁc terms complied with In addition to any general terms and conditions that the Chief Executive Officer may impose on any vessel licenced to ﬁsh in the Exclusive Economic Zone pursuant to Section 12 of the Act, and notwithstanding any written permission previously granted by the Chief Executive Officer under Regulation 42 of the Fisheries Regulations 1998, no ﬁshing licence issued pursuant to the Act shall be valid unless the additional conditions prescribed in these Regulations are imposed by the Chief Executive Officer and complied with by the operator.
[Note for Regulation 5: 1.

Under Section 23 of the Act, it is an offence to engage in or use a vessel for ﬁshing or a ﬁsheries activity for which a licence is required except under, and in accordance with the conditions of, a licence.

2.

Under regulation 22 of the Fisheries Regulations 1998, the Chief Executive Officer may cancel a licence if the licenced activity is not being conducted in accordance with the Act.]
[s 5 am GN No 720/2010 reg 3 and Sch clause 2.1, opn 1 Jan 2011] Requirement for catch retention (1) All bigeye, skipjack and yellowﬁn tuna taken by any purse seine vessel licenced to ﬁsh in the Exclusive Economic Zone pursuant to the Act shall be retained on board and then landed or transshipped.
(1A) Where the operator of a purse seine vessel licenced to ﬁsh pursuant to the Act determines that ﬁsh should not be retained on board for reasons related to the size, marketability, or species composition, the said ﬁsh shall only be released before the net is fully pursed and one half of the net has been retrieved.
(2) Subject to subregulations (3), (4) and (5), the requirement speciﬁed in subregulation (1A) shall not apply to: (a) ﬁsh clearly and demonstrably unﬁt for human consumption; and (b) ﬁsh caught during the ﬁnal set of a trip when there may be insufficient well space to accommodate all ﬁsh caught in that set.
(3) For the purposes of subregulation (2)(a), ﬁsh clearly and demonstrably unﬁt for human consumption: (a) includes, but is not limited to ﬁsh that: (i) is meshed or crushed in the purse seine net; (ii) is damaged due to shark or whale depredation; or (iii) has died and spoiled in the net where a gear failure has prevented both the normal retrieval of the net and catch and efforts to release the ﬁsh alive; and (b) does not include ﬁsh that: (i) is considered undesirable in terms of size, marketability, or species composition; or (ii) is spoiled or contaminated as the result of an act or omission of the crew of the ﬁshing vessel.
(4) Where the operator of a licenced vessel determines that ﬁsh is clearly and 155 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 135 Date: 6/8/2021 Time: 9:54:12 bwpageid:: 155:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU reg 6 unﬁt demonstrably accordance with subregulation (3), the said ﬁsh shall not be discarded from the vessel until after an observer has estimated the species composition of the ﬁsh to be discarded.
consumption human for in (5) For the purposes of subregulation (2)(b), any excess ﬁsh that cannot be accommodated in the ﬁshing vessel may only be discarded if: (a) the vessel master and crew attempt to release the ﬁsh alive as soon as possible; (b) an observer has estimated the species composition of the ﬁsh to be discarded; and (c) no further ﬁshing is undertaken after the discard until the ﬁsh on board the vessel has been landed or transshipped.
(6) The operator of the vessel shall submit a report in the form set out in Schedule 1 to the Chief Executive Officer within 48 hours after any discard.

Sets associated with whale sharks prohibited (1) A purse seine ﬁshing vessel ﬁshing within the Arrangement Area shall not conduct any set at any time of the year within 1 nautical mile of a whale shark (Rhincodon typus), regardless of whether the whale shark is alive or dead.
(2) Where a whale shark is encircled in a purse seine net by a purse seine ﬁshing vessel, the master of the vessel shall ensure that all reasonable steps are taken to ensure its safe release, including stopping the net roll and not recommencing the ﬁshing operation until the whale shark has been released.
[s 6A insrt GN No 720/2010 reg 3 and Sch clause 3.1, opn 1 Jan 2011] Use of Fish Aggregating Devices prohibited (1) The deployment or servicing of a Fish Aggregating Device or any associated electronic equipment within the Exclusive Economic Zone and the high seas between 20°N and 20°S latitude is prohibited during the prohibition period.
(2) A Fish Aggregating Device or associated electronic equipment shall not be to the Act during the retrieved by a vessel prohibition period unless: (a) the Fish Aggregating Device or associated electronic equipment are retrieved and kept on board the vessel until landed or until the end of the prohibition; and licenced to ﬁsh pursuant (b) the vessel does not conduct any set either for a period of 7 days after retrieval or within a 50 mile radius of the point of retrieval.
(3) No purse seine ﬁshing vessel shall conduct any set during the prohibition period within 1 nautical mile of a FAD or of a point where a FAD has been retrieved by another vessel within 24 hours immediately preceding the start of the set.

(4) The operator of a vessel shall not allow the vessel to be used to aggregate ﬁsh.
Fishing in certain areas of the high seas prohibited (1) No ﬁshing vessel licenced pursuant to the Act to ﬁsh in the exclusive economic zone shall, whilst the licence is in force, undertake any ﬁshing or, subject to subregulation (3), any related activities, in the following high seas areas: 6A 7 8 Service 0 156 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 136 Date: 6/8/2021 Time: 9:54:12 bwpageid:: 156:: bwservice::0:: reg 10 FISHERIES (PNA THIRD IMPLEMENTING ARRANGEMENT) REGULATIONS 2009 (a) the high seas area bounded by the exclusive economic zones of the Federated States of Micronesia, Indonesia, Palau and Papua New Guinea; and (b) the high seas area bounded by the exclusive economic zones of the Federated States of Micronesia, Fiji, Kiribati, Marshall Islands, Nauru, Papua New Guinea, Solomon Islands and Tuvalu.
(c) [Repealed] [subs (1) am GN No 720/2010 reg 3 and Sch clauses 4.1–4.2, opn 1 Jan 2011; SL 11 of 2015 reg 5, opn 24 Sep 2015] (2) At all times when a ﬁshing vessel licenced pursuant to the Act is on high seas areas speciﬁed in subregulation (1), the operator shall ensure that all gear on board is stowed or secured in such a manner that it is not readily available for ﬁshing.
(3) A Fish Aggregating Device or associated electronic equipment shall not be retrieved or removed from the water in the high seas areas speciﬁed in subregulation (1) by a licenced vessel unless: (a) the Fish Aggregating Device or associated electronic equipment was deployed or serviced in accordance with these Regulations; and (b) the Fish Aggregating Device or associated electronic equipment is kept on board the vessel until landed or, subject to Regulation 7, until the vessel is outside the high seas areas speciﬁed in subregulation (1); and (c) the vessel does not conduct any set either for a period of 7 days after retrieval or within a 50 mile radius of the point of retrieval or removal from the water.
Requirement for use of observers (1) A foreign purse seine ﬁshing vessel licenced pursuant to the Act shall carry at all times an observer from either the national observer programme of a Party or an existing regional or sub-regional observer programme whilst within the Exclusive Economic Zone or the high seas between 20°N and 20°S latitude in accordance with all requirements of such observer programmes.
(2) The Minister may vary or exempt any vessel from the conditions prescribed in subregulation (1) if all reasonable attempts to obtain an observer from a national observer programme of a Party or a regional or subregional observer programme have been made and have failed, or if the vessel is not licenced to ﬁsh in the waters of any coastal State other than Nauru.

(3) All variations or exemptions granted under subregulation (2) shall be published in the Gazette.
Use of Automatic Location Communicators Required No ﬁshing licence shall be issued pursuant to the Act unless the operator has installed on the vessel, an automatic location communicator or mobile transceiver unit in accordance with the speciﬁcations and procedures issued by the Forum Fisheries Agency and that the said automatic location communicator or mobile transceiver unit is switched on and is operating properly at all times.
157 Service 0 9 10 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 137 Date: 6/8/2021 Time: 9:54:12 bwpageid:: 157:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 158 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 138 Date: 6/8/2021 Time: 9:54:12 bwpageid:: 158:: bwservice::0:: PART 3 — OFFENCES AND PENALTIES [Repealed] [Pt 3 rep GN No 720/2010 reg 3 and Sch clause 5.1, opn 1 Jan 2011] 159 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 139 Date: 6/8/2021 Time: 9:54:12 bwpageid:: 159:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 160 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 140 Date: 6/8/2021 Time: 9:54:12 bwpageid:: 160:: bwservice::0:: SCHEDULE 1 31A DISCARD REPORTING FORM Name of vessel Flag of vessel Vessel WCPFC Identiﬁcation No.
Name and nationality of master Licence number Name of observer on board Date, time and location (lat/long) of discard Date, time, location (lat/long) and type of the shot (drifting FAD, anchored FAD, free school, etc) Reason that ﬁsh were discarded (including statement of retrieval status if ﬁsh were discarded according to Reg 6, subreg (1)(b) Estimated tonnage and species of discarded ﬁsh Species Tonnage Estimated tonnage and species of retained ﬁsh from that set Species Tonnage Signed by master If ﬁsh were discarded according to regulation 6 subreg (2)(b), a statement that no further ﬁshing will be undertaken until the catch on board has been unloaded Any other information deemed relevant by the vessel master Any other information deemed relevant by the observer 161 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 141 Date: 6/8/2021 Time: 9:54:12 bwpageid:: 161:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 162 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 142 Date: 6/8/2021 Time: 9:54:12 bwpageid:: 162:: bwservice::0:: SCHEDULE 2 A THIRD ARRANGEMENT IMPLEMENTING THE NAURU AGREEMENT SET FORTH ADDITIONAL TERMS AND CONDITIONS OF ACCESS TO THE FISHERIES OF THE PARTIES Pursuant to Articles I, II, III, and IX of the Nauru Agreement Concerning Cooperation in the Management of Fisheries of Common Interest, hereafter referred to as the “Nauru Agreement”, wherein the Parties thereto agreed to conclude arrangements to facilitate the implementation of the Nauru Agreement, the Federated States of Micronesia, the Republic of Kiribati, the Republic of the Marshall Islands, the Republic of Nauru, the Republic of Palau, Papua New Guinea, Solomon Islands and Tuvalu, HAVE AGREED AS FOLLOWS: ARTICLE I Licensing Terms and Conditions In addition to those terms and conditions provided in Article II of An Arrangement Implementing the Nauru Agreement Setting Forth Minimum Terms and Conditions of Access to the Fisheries Zones of the Parties, and Article I of A Second Arrangement Implementing The Nauru Agreement Setting Forth Additional Terms and Conditions of Access to the Fisheries Zones of the Parties, the Parties shall establish the following minimum terms and conditions in all of their subsequent foreign ﬁshing agreements and their licensing requirements for vessels ﬁshing the common stocks of ﬁsh within the Fisheries Zones and shall not issue licences unless the minimum terms and conditions are accepted and observed: 1.
Catch Retention All bigeye, skipjack and yellowﬁn tuna taken by a purse seine vessel shall be retained on board and then landed or transhipped, except for: (a) ﬁsh clearly and demonstrably unﬁt for human consumption; and (b) the ﬁnal set of a trip when there may be insufficient wellspace to accommodate all ﬁsh caught in that set.

The Parties shall adopt appropriate procedures for the implementation of this measure, including reporting.

2.
FAD Closure There shall be no deployment or servicing of Fish Aggregating Devices and associated electronic equipment, or ﬁshing by purse seine vessels on ﬂoating objects, between 0001 hours GMT on 1 July and 2359 hours GMT on 30 September each year, except that: (a) a Party may exclude all or part of its Fisheries Zone from the closure if it determines that it has suffered a disproportionate burden from application of the closure and advises the depositary accordingly; and (b) a Party may apply appropriate arrangements set out in a Management Plan to meet the requirements of domestic vessels that are highly dependent on ﬁshing on ﬂoating objects within the Fisheries Zone.
3.
Closure of High Seas Areas A vessel shall not ﬁsh in the areas listed below during the period of validity of a licence issued by a Party: 163 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 143 Date: 6/8/2021 Time: 9:54:12 bwpageid:: 163:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Sch 2 (a) the area of high seas bounded by the national waters of the Federated States of Micronesia, Indonesia, Palau and Papua New Guinea; and (b) the area of high seas bounded by the national waters of the Federated States of Micronesia, Fiji, Kiribati, Marshall Islands, Nauru, Papua New Guinea, Solomon Islands and Tuvalu.
4.
Monitoring (a) In order to monitor compliance with the catch retention and FAD closure requirements, all foreign purse seine vessels shall carry at all times an observer from either the national observer programme of a Party or an existing sub-regional observer programme; and (b) The owner, charterer, operator, master or any other person responsible for the the Automatic Location operation of a licensed vessel shall ensure that Communicator1 of the vessel is switched on and is operating properly at all times during the period of validity of a licence issued by a Party.
ARTICLE II Review and Implementation 1. Review The Parties shall review the implementation of these measures at the annual meeting of the Parties, and decide on the future application of these measures, taking into account: (a) the effectiveness of the measures in reducing ﬁshing mortality, especially on juvenile bigeye and yellowﬁn tuna; and (b) the extent to which compatible measures are being applied on the high seas and in the waters of other Members of the Western and Central Paciﬁc Fisheries Commission.
2.

Implementation These measures shall be implemented in accordance with a programme adopted by the Parties.

ARTICLE III Signature and Effect 1.

This Arrangement shall be open for signature by the Parties to the Nauru Agreement.

2.

This Arrangement shall take effect 30 days following the signing of the Arrangement by at least ﬁve of the Parties to the Nauru Agreement.

Thereafter, it shall take effect for any signing Party 30 days after its signature of the Arrangement.

3.
3.

This Arrangement shall be deposited with the Government of the Solomon Islands.

4.

Reservations to this Arrangement shall not be permitted.

ARTICLE IV Amendment and Withdrawal 1.

Any Party may withdraw from this Arrangement by giving written notice to the Depositary.

Withdrawal shall take effect one year after receipt of such notice.

2.

Any amendment to this Arrangement proposed by a Party shall be adopted only by unanimous decision of the Parties to this Arrangement.
ARTICLE V The Nauru Agreement This Arrangement is subordinate to and governed by the Nauru Agreement.

Service 0 164 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 144 Date: 6/8/2021 Time: 9:54:12 bwpageid:: 164:: bwservice::0:: Fisheries Act Notice 2015 TABLE OF AMENDENTS The Fisheries Act Notice 2015 SL 16 was notiﬁed and commenced on 11 November 2015 (GN No 708/2015; Gaz 160/2015).
Amending Legislation Notiﬁed Date of Commencement 165 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 145 Date: 6/8/2021 Time: 9:54:13 bwpageid:: 165:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 166 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 146 Date: 6/8/2021 Time: 9:54:13 bwpageid:: 166:: bwservice::0:: Fisheries Act Notice 2015 I, Hon Valdon Dowiyogo, Minister for Fisheries, under Section 11(1) of the Fisheries Act 1997 hereby prohibit the commercial ﬁshing and export of all species of sea cucumbers listed below and any species of sea cucumbers not listed that may be found in the future in Nauru waters.
SEA CUCUMBERS SPECIES THAT HAVE BEEN FOUND IN NAURU Scientiﬁc Names Actinopygo lecanora Actinopygo mauritiana Actinopyga palauensis Bohadschia argus Holothuria atra Holothuria whitmaei Pearsonothuria graeffei Thelenota ananas Thelenota anax Common Names Stoneﬁsh Surf Redﬁsh Deepwater Blackﬁsh Leopardﬁsh Reef Lollyﬁsh Black Teatﬁsh Flowerish Prickly Redﬁsh Amberﬁsh 167 Service 0 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 147 Date: 6/8/2021 Time: 9:54:13 bwpageid:: 167:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Service 0 168 Job: (unknown)/ron_book/allvols/2021_vol6a/RON.FIA Page: 148 Date: 6/8/2021 Time: 9:54:13 bwpageid:: 168:: bwservice::0::