Section 2. Interpretation: “serious violation” means (a) fishing without a valid licence, authorisation, fishing right or permit as required under this Decree; (b) failing to maintain accurate records of catch and catch-related data, as required by this Decree or a licence issued pursuant to this Decree, or (c) serious misreporting of catch contrary to this Decree or a licence issued pursuant to this Decree; (d) fishing in a closed area, fishing during a closed season or fishing without, or after attainment of, a quota established in the fisheries waters or by an applicable sub-regional or regional fisheries management organisation or arrangement; (e) directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited; (f) using prohibited fishing gear; (g) falsifying or concealing the markings, identity or registration of a fishing vessel; (h) concealing, tampering with or disposing of evidence relating to an investigation or anticipated investigation; (i) multiple violations which together constitute a serious disregard of conservation andmanagement measures; (j) sexual harassment; or (k) such other violations as may be prescribed;

The Minister, Permanent Secretary or Director, as appropriate, when performing functions or exercising powers under this Decree, shall— (f) adopt measures to minimise waste, discards, catch by lost or abandoned gear, pollution originating from fishing vessels, catch of non-target species and impacts on associated or dependent species, in particular endangered species and promote the development and use of selective, environmentally safe and cost- effective fishing gear and techniques;

(1) No person shall destroy, throw overboard, conceal or abandon any fish, fish product, fishing gear, net or other fish appliance, log, return, record, document, electric shock device, explosive, poison or other noxious substance, or any other thing with intent to avoid seizure or the detection of an offense against this Decree.

(1) Any person who— (a) permits to be used, uses or attempts to use any explosive, firearm, poison, other noxious substance or other prohibited item; or (b) permits to be carried, carries or has in his or her possession or control any explosive, firearm, poison, or other noxious substance, for the purpose of killing, stunning, disabling, catching or in any way rendering fish to be easily caught, commits an offense and shall be liable on conviction to a fine not less than $25,000 and not more than $50,000 (4) Any person who lands, sells or receives fish taken or caught using a prohibited item or prohibited fishing method, commits an offense and is liable on conviction to a fine not less than $25,000 and not more than $50,000.

(1) A person shall not use a Fiji fishing vessel for fishing or related activities—(a)in the fisheries waters of another State except in accordance with the laws of that State and an authorisation issued under section 32; (b) in an area subject to a treaty or multilateral access agreement except in accordance with that treaty or agreement; (c) on the high seas except in accordance with an authorisation issued under section 32; or (d) in an area subject to an international conservation and management measure except in accordance with such measure.

(1) Notwithstanding subsection (3), this section applies to all persons, vessels, fishing related and other activities to which this Act has application. (2) Subject to subsection (1), no person shall, within Fiji or in Fiji fisheries waters, on their own account or any other capacity—(a)cause or permit a person acting on his or her behalf; or (b)use or permit a vessel to engage in fishing or related activity, to take or to import, export, land, transport, sell, receive, acquire, buy any fish or fish product taken, possessed, transported or sold in violation of any law or regulation of another State or of international conservation and management measures. (3) This section does not apply to fish taken on the high seas contrary to the law of another State where Fiji does not recognise the jurisdiction of that State over those fish. (4) Any person who contravenes subsection (2) commits an offense and upon conviction shall be liable for a fine not less than $500,000 and not more than $1 million or to a term of imprisonment not exceeding 6 months, or to both. (5) Where an international agreement with another State provides for a fine, penalty or other determination or any portion of it to be remitted to that State upon conviction or other process pursuant to subsection (2), such remittance shall be made after all costs and expenses incurred by the State have been deducted.

(2) Without limiting the generality of subsection (1), Regulations made pursuant to this section may provide for all or any of the following— (l) the licensing, control and use of fish aggregating devices and the rights to the aggregated fish, prescribing times and the minimum distances from such devices that any vessel may fish around; (s) regulating or prohibiting the use of fish aggregating devices;

(3) A fishing vessel licence or authorisation issued in accordance with the Decree may contain such other terms and conditions and- (i) may impose conditions relating to the operation of fish aggregating devices, including the requirement to limit the number of such devices allowed under any pennit;

(2) The licence holder, owner or operator in respect of a fish aggregating device used in Fiji fisheries waters shall ensure that it is clearly and permanently marked- (a) where the device is used in conjunction with a licensed vessel, with the licence number of the vessel; or (b) in any other case, sufficiently to identify the owner or any person placing and using the device, except that the requirements for marking in this regulation shall not apply to any person engaged in artisanal or subsistence fishing. (3) A fish aggregating device or associated equipment deployed independently of a vessel shall be placed so that it is well clear of navigational routes.

PROHIBITED FISHING GEAR AND METHODS 4. Shark lines - trace wire, baited shark lines attached to floats (Hook 99).