Fishing Offenses & Infractions

Marine Resources (Licensing) Regulations 2012

Marine Resources Act

In laws/regulations that use the term "serious offenses," what offenses fall into that category?

  • Article 2

    “Serious violation” means -
    (a) fishing without a valid license, authorization, fishing right or permit as required under this Act; (b) failing to maintain accurate records of catch and catch-related data, as required by this Act or a license issued pursuant to this Act, or serious misreporting of catch contrary to this Act or a license issued pursuant to this Act;
    (c) fishing in a closed area, fishing during a closed season or fishing without, or after attainment of, a quota established in the fishery waters or by an applicable subregional or regional fisheries management organization or arrangement; (d) directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited; (e) using prohibited fishing gear;
    (f) falsifying or concealing the markings, identity or registration of a fishing vessel; (g) concealing, tampering with or disposing of evidence relating to an investigation or anticipated investigation; (h) multiple violations which together constitute a serious disregard of conservation and management measures; or (i) such other violations as may be specified in this Act;

Does this country's legislation require compliance with "international conservation and management measures" adopted by an RFMO in which it is a member?

  • Article 21

    (1) No person may use a Cook Islands fishing vessel for fishing or related activities - (d) in an area subject to international conservation and management measures, as defined in section 2 of this Act, except in accordance with those measures.

  • Article 35

    (4) The Minister or Secretary as appropriate, shall deny any application for a license where the granting of the license would conflict or would be inconsistent with the requirements of this Act, an applicable access agreement, fisheries management agreement, fishery plan, or any international conservation and management measure.