Offshore Fisheries Management Regulations 2014

(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).

(1) Notwithstanding the requirements in any written law, no citizen or national of Fiji shall charter a foreign fishing vessel for the purposes of fishing or related activities within Fiji fisheries waters or beyond such waters except with the authorisation of the Permanent Secretary and in accordance with the requirements under these Regulations. (2) A person intending to charter a foreign fishing vessel shall apply to the Permanent Secretary for an authorisation to charter a foreign fishing vesse1. (3) A person making an application in accordance with sub-regulation (2) shall be a person holding the office of director or equivalent of a body corporate registered under the Companies Act (Cap.247). (4) Every application for an authorisation to charter shall be- (a) made in the form set out in Schedule 60; (b) accompanied by a true copy of the proposed charter pm1y with the application for a licence; and (c) accompanied by the relevant fees set out in Schedule 7, including but not limited to an application fee or an authorisation to charter annual fee. (5) An authorisation to charter may be granted for the proposed duration of the charter party or such lesser period as determined by the Permanent Secretary. (6) The Permanent Secretary shall not grant an authorisation to charter if- (a) the fishing vessel is listed on the IUU vessel list of any regional fisheries management organisation or arrangement; (b) the fishing vessel has committed any IUU fishing or related activity in support of such fishing; (c) the fishing vessel is owned or previously owned by an operator or beneficial owner who is known to have another vessel on the IUU vessel list of any regional fisheries management organisation or arrangement; (d) the fishing vessel has been operating, or has previously operated in a manner inconsistent with any obligations or requirements or international conservation and management measures; (e) the charter of the fishing vessel is prohibited under any requirement of the maritime and shipping laws of Fiji; or (j) authorisation of the charter shall contribute to excess fishing capacity in a fishery. (7) ]n considering an application for an authorisation to chalter, the Permanent Secretary must be satisfied that- (a) there are no outstanding or pending penalties from another State with respect to the vessel; and (b) where applicable! the vessel has good standing on the register or record of fishing vessels of regional fisheries management organisations to which Fiji is a member! and such good standing has not been suspended or withdrawn. (8) The Permanent Secretary may suspend or cancel an authorisation to charter if- (a) such suspension of cancellation is a requirement for compliance by Fiji with its obligations under an agreement to which Fiji is a party! or under an international conservation and management measure; (b) the operator has contravened a term or condition of the authorisation; (c) the operator has contravened these Regulations or any provision of the Decree; or (d) the operator or any crew member on the vessel has committed a serious violation in accordance with the Decree. (9) The Minister may! on the recommendation of the Permanent Secretary, declare by notice in the Gazette in conformity with the Decree and any writtelilaw, the requirements for the charter of foreign fishing vessels, and may amend such requirements from time to time. (10) A person authorised to charter a fishing vessel in accordance with this Part shall comply with the following conditions- (a) the charter party in respect of a vessel shall not be altered or amended except with the approval of the Permanent Secretary; (b) except where approved by the Permanent Secretary, there shall be 110 other contractual arrangement between the parties to the chmter; (c) any charter fee remitted to the owner of a foreign fishing vessel shall be subject to applicable withholding tax and such other taxes as may be imposed under any written law; (d) all costs for the operation of the chartered vessel shall be the sole responsibility of the person chartering the vessel; (e) all income from the sale or trade of fish shall be remitted or deposited wholly into the bank account of the person chartering the vessel within the Fiji banking system; (j) pursuant to paragraph (e), all information concerning such proceeds shall be submitted to the Permanent Secretary and shall be true, complete and accurate; (g) all payments and remittances in respect of the chartered vessel shall be made from the bank account of the person chartering the vessel within the Fiji banking system; (h) pursuant to paragraph (g), information concerning payments shall be submitted to the Permanent Secretary and shall be tmc, complete and accurate; (i) the person chartering the vessel shall provide to the Permanent Secretary evidence of bank remittances of charter fees to the owner of the vessel; (j) the amount remitted for the charter of the vessel shall correspond with the amount stipulated in the charter party and there shall be no other anangement with the owner except charter fees; (k) the vessel shall be maintained sea-worthy and manning requirements as determined by the Maritime Safety Authority of Fiji shall be complied with at all times; (l) the vessel shall be subject to port inspection and such management and monitoring fees as may be imposed in accordance with the Decree and these Regulations; (m) obtain and maintain appropriate protection and indemnity cover during the period of validity of the licence and such cover shall include the risks within the meaning of "full insurance coverage" in the Decree; and (n) compliance with the requirements under any written law. (11) Any person who- (a) charters a foreign fishing vessel or operates a chartered foreign fishing vessel, and fails to comply with the requirements of a charter party endorsed by the Permanent Secretmy; or (b) otherwise contravenes or fails to comply with any provision of this regulation, commits an offense.

(1) Notwithstanding the requirements under the maritime and shipping laws of Fiji, no citizen of Fiji shall charter a Fiji fishing vessel for the purposes of fishing or related activities within Fiji fisheries waters or beyond such waters except with the authorisation of the Permanent Secretary and in accordance with the requirements under this regulation. (2) Any owner or operator of a fishing company intending to charter a Fiji fishing vessel shall apply to the Permanent Secretary for an authorisation to charter a Fiji fishing vessel, and every application for an authorisation to charter a Fiji fishing vessel shall be- (a) made in the form set out in Schedule 60; and (b) accompanied by the relevant fees set out in Schedule 7, including but not limited to- (i) an application fee; and (ii) authorisation to charter annual fee. (3) An authorisation to charter may be granted for the proposed duration of the charter party or such lesser period as determined by the Permanent Secretary. (4) The Permanent Secretary shall not grant an authorisation to charter if- (a) the fishing vessel is listed on the IUU vessel list of any regional fisheries management organisation or arrangement; (b) the fishing vessel has committed any lUU fishing or related activity in support of such fishing; (c) the fishing vessel is owned or previously owned by an operator or beneficial owner who is known to have another vessel on the IUU vessel list of any regional fisheries management organisation or arrangement; (d) the fishing vessel has been operating, or has pi'eviously operated in a manner inconsistent with any obligations or requirements or international conservation and management measures; (e) the charter of the fishing vessel is prohibited under any requirement of shipping and maritime laws of Fiji; and (f) authorisation of the charter shall contribute to excess fishing capacity in a fishery. (5) In considering an application for an authorisation to charter, the Permanent Secretary must be satisfied that- (a) there are no outstanding or pending penalties from another State with respect to the vessel; and (b) where applicable, the vessel has good standing on the Regional Register or Record of Fishing Vessels of regional fisheries management organisations to which Fiji is a member, and such good standing has not been suspended or withdrawn. (6) The owner or operator of a Fiji fishing vessel applying for authorisation to charter shall- (a) comply with the conditions set out in regulation 10(10); (b) consent to comply with all reporting and monitoring, control and surveillance measures, including all relevant and applicable legal requirements stipulated under the Decree; (c) where the vessel is used for fishing or related activity beyond Fiji fisheries waters, consent to comply with terms and conditions of the authorisation under section 32 of the Decree to fish beyond Fiji fisheries waters; (d) ensure that the fishing vessel installs an approved MTU and operate such unit properly at all times and report automatically to the vessel monitoring system; (e) consent to pay in full necessary fees from time to time, including the payment of fees or charges under the charter party; (f) ensure that the fishing vessel fully complies will all applicable conservation and management measures; and (g) provide a copy of the proposed charter party to the Permanent Secretary. (7) The Permanent Secretary may suspend or cancel an authorisation to chatter if- (a) such suspension of cancellation is a requirement for compliance by Fiji with its obligations under an agreement to which Fiji is a party, or under an international conservation and management measure; (b) the operator has contravened a term or condition of the authorisation; (c) the operator has contravened these Regulations or any provision of the Decree; and (d) the operator Of any crew member on the vessel has committed a serious violation as defined in section 2 of the Decree. (8) Any person who- (a) charters a Fiji fishing vessel and fails to comply with the requirements of its charter party; or (b) otherwise contravenes or fails to comply with any provision of this regulation, commits an offense.

(1) Notwithstanding requirements under any written law, a person shall not acquire, purchase, modify or constmct a fishing vessel except with the written authorisation of the Permanent Secretary. (2) This regulation applies to a fishing vessel primarily intended to engage in fishing in Fiji fisheries waters, except in internal waters and archipelagic waters, and beyond Fiji fisheries waters. (3) A person intending to acquire, purchase, modify or construct a fishing vessel shall apply for an authorisation to acquire, modify or construct a fishing vessel in the form set out in Schedule 6P and pay the relevant fees in Schedule 7. (4) A authorisation granted under this regulation may be accompanied by such terms and conditions the Permanent Secretary deems appropriate. (5) Any person who- (a) acquires, purchases, modifies or constructs a fishing vessel without written authorisation; (b) fails to comply with the terms and conditions of authorisation; or (c) contravenes or fails to comply with this regulation, commits an offense.

(1) A Fiji fishing vessel shall not be used for fishing or related activity within Fiji fisheries waters except with a licence to fish issued by the Permanent Secretary pursuant to section 32 of the Decree. (2) The owner or operator of a Fiji fishing vessel applying for a licence to fish within Fiji fisheries waters may apply to be licensed to fish for the following fish species in the application form set out in Schedule 6A- (a) Tuna species; (b) Straddling fish species; (c) Deep-water Snapper, unless the Fiji fishing is 100 percent owned by Fiji nationals; (d) Billfish species, unless the Fiji fishing vessel is 100 percent owned by Fiji nationals; (e) Mahimahi, unless the Fiji fishing vessel is 100 percent owned by Fiji nationals; (f) Swordfish, unless the Fiji fishing vessel is 100 percent owned by Fiji nationals; and (g) other species of fish prescribed by the Permanent Secretary. (3) The owner or operator applying for a licence to fish within Fiji fisheries waters shall pay the following application and annual fees set out in Schedule 7- (a) Fiji vessel management and monitoring fee; (b) applicable Fiji vessel access fee; (c) Fiji Vessel Observer levy; and (d) such other fees required by these Regulations. (4) Any person who- (a) uses a Fiji fishing vessel for fishing or related activity within Fiji fisheries waters without a licence; (b) fails to comply with the terms and conditions of licence; (c) fails to provide true, complete or accurate information; or (d) otherwise contravenes or fails to comply with this regulation, commits an offense.

(1) Unless otherwise provided in the Decree, a person shall not use a foreign fishing vessel for fishing or related activity within the exclusive economic zone except with a licence to fish issued by the Permanent Secretary pursuant to section 34 of the Decree, (2) The owner or operator of a locally based foreign fishing vessel or foreign fishing vessel may apply for a licence to fish within Fiji's exclusive economic zone for tuna species only in the respective forms set out in Schedule 6B. (3) The owner or operator of a locally based foreign fishing vessel or foreign fishing vessel applying for a licence to fish within Fiji's exclusive economic zone shall pay the relevant the application and annual fees set out in Schedule 7- (a) applicable foreign fishing vessel management and monitoring fee; (b) applicable foreign fishing vessel access fee; (c) Fiji Vessel Observer levy, where the foreign fishing vessel is chartered by a Fiji national in accordance with these Regulations; and (d) such other fees required by these Regulations. (4) Any person who- (a) uses a foreign fishing vessel for fishing or related activity within Fiji fisheries waters without a licence; (b) fails to comply with the terms and conditions of licence; (e) fails to provide true, complete or accurate information; or (d) otherwise contravenes or fails to comply with this regulation, commits an offense.

(1) A Fiji fishing vessel shall not be used for sport fishing or recreational fishing within the archipelagic waters, territorial sea or exclusive economic zone unless licenced by the Permanent Secretary pursuant to section 32 of the Decree. (2) The owner or operator of a Fiji fishing vessel may apply for a sport or recreational fishing licence in the form set out in Schedule 6C and pay the relevant fees set out in Schedule 7. (3) Any person who- (a) uses a Fiji fishing vessel for sport or recreational fishing within the archipelagic waters, territorial sea or exclusive economic zone without a licence; (b) fails to comply with the terms and conditions of licence; (c) fails to provide true, complete or accurate information; or (d) otherwise contravenes or fails to comply with this regulation, commits an offense.

(1) A vessel shall not be used for exploratory fishing or test fishing or related activity within the Fiji fisheries waters except with the permission of the Permanent Secretary pursuant to section 23 of the Decree. (2) A person intending to conduct exploratory fishing or test fishing within Fiji fisheries waters shall apply in the form set out in Schedule 6D and pay the relevant fees set out in Schedule 7. (3) Permission issued by the Permanent Secretary to a vessel in accordance with sub-regulation (1) shall specify the area within Fiji fisheries waters where such fishing is permitted, the species that may be caught, and the gear, equipment or technique that may be used. (4) A vessel authorised to carry out exploratory or test fishing within Fiji fisheries waters shall in addition to complying with regulation 6, comply with the following conditions- (a) the use of any trawl net is prohibited except with the written approval of the Permanent Secretary; (b) placement of a fisheries officer on board the vessel at all times and the master, operator and each crew member shall owe such ob1igations identified in section 72 of the Decree towards such officer; and (c) ensure the payment of all allowances and costs for the placement of the fisheries officer including transportation and other costs to and from the vessel. (5) Notwithstanding the requirement for the payment of fees in sub-regulation (2), the Permanent Secretary may exempt a person from such requirements. (6) Any person who- (a) uses a vessel for exploratory fishing or test fishing within Fiji fisheries waters without a licence; or (b) fails to comply with the terms and conditions of a licence for exploratory fishing or test fishing; or (c) fails to provide true, complete or accurate information; or (d) otherwise contravenes or fails to comply with this regulation, commits an offense.

(1) A fishing vessel shall not be used for fisheries scientific research within the Fiji fisheries waters except with an authorisation to fish issued by the Permanent Secretary pursuant to section 41 of the Decree. (2) The operator of a fishing vessel intending to engage in fisheries scientific research shall apply for an authorisation in the form set out in Schedule 6E and shall pay the relevant fees in Schedule 7. (3) Any person who, being the operator- (a) uses a fishing vessel for fisheries scientific research within the Fiji's fisheries waters without an authodsation; or (b) fails to comply with the terms and conditions of authorisation; or (c) fails to provide true, complete or accurate information; or (d) otherwise contravenes or fails to comply with this regulation, commits an offense.

(1) A Fiji fishing vessel shall not be used for fishing or related activity beyond Fiji fisheries waters except with an authorisation to fish issued by the Permanent Secretary pursuant to section 32 of the Decree. (2) The authorisation may be used for fishing- (a) in high sea areas beyond Fiji fisheries waters; or (b) in the waters under the jurisdiction of another State, subject to approval and compliance with the terms and conditions of fishing of that State. (3) The operator of a Fiji fishing vessel intending to engage in fishing or related activities in areas specified in sub-regulation (2) shall apply for an authorisation in the form set out in Schedule 6F. (4) The owner or operator of a Fiji fishing vessel applying for authorisation to fish beyond Fiji fisheries waters shall pay the following application and annual fees set out in Schedule 7- (a) Fiji vessel management and monitoring fee; (b) Fiji vessel observer levy; and (c) such other fees required by these Regulations. (5) Any person who- (a) being the operator of a Fiji fishing vessel uses such vessel for fishing or related activity beyond Fiji fisheries waters without an authorisation; (b) fails to comply with the terms and conditions of authorisation; or (e) otherwise contravenes or fails to comply with this regulation. commits an offense.

(1) The master of a vessel licensed or authorised under the Decree shall comply with the following conditions- (a) ensure that the original licence or a certified copy, together with any endorsement, shall be kept on board at all times and displayed clearly in the wheelhouse; (b) ensure that the vessel clearly displays, on both sides and the deck, its international radio call sign or the country (Flag State) registration number; (c) the master shall complete in English, daily, catch reports or logsheets and submit them, along with true copies of the landing slips and dock receipts, to the Director, a copy of logsheets not later than 2 days after completion of the trip; (d) unless othenvise authorised by the Permanent Secretary, land all fish taken during the period of validity of the licence or authorisation in Fiji; (e) provide 72 hours' notice of a request to tranship fish or bunker or re- provision the vessel, and the vessel may only tranship in an approved port or designated area within Fiji fisheries waters and at a time and under such conditions as specified by the Permanent Secretary; (f) allow any authorised and identified officer to board the vessel in Fiji fisheries waters for the purpose of inspection and examination; and (g) ensure that each member of the crew complies with the terms and conditions of any access agreement and any written law. (2) The operator of a fishing vessel licensed or authorised under this Decree shall comply with the following conditions- (a) install, maintain and operate a registered Mobile Transceiver Unit at all times and in accordance with the manufacturer's specifications and operating instmctions and standards approved by the Director; (b) ensure that no person tampers or interferes with the Mobile Transceiver Unit and that the unit is not altered, damaged or disabled; (c) ensure that the Mobile Transceiver Unit is switched on and is operational at all times during the period of validity of the licence or authorisation; (d) upon notification by the Director that the vessel's Mobile Transceiver Unit has failed to report, shall ensure that 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, arc communicated to the Director at intervals of 8 hours or such shorter period as specified by the Director, commencing from the time of notification of the failure of the unit, and such reports shall continue until such time the unit is confirmed operational by the Director; (e) if it is not possible to make anyone or more of the further position reports as above, or when the Director so directs, the master of the vessel shall immediately stow the fishing gear and take the vessel directly to a port identified, and as soon as possible, report to the Director that the vessel is being, or has been, taken to port with gear stowed; (f) ensure the continuous monitoring of the international distress and calling frequency 2182 khz (HF), and the international safety and calling frequency 156.8 Mhz (channel 16, VHF-FM) to facilitate communication with the fisheries management, surveillance and enforcement authorities of Fiji; (g) ensure that a recent and up to date copy of the International Code of Signals (INTERCO) is on board and accessible at all times; (h) ensure that the crew members do not directly or indirectly contaminate the Fiji fisheries waters in any way (and in the case of a Fiji fishing vessel, Fiji fisheries waters and waters beyond Fiji fisheries waters), including by the discharge of any object or substance or by any act or omission that is likely to cause damage to or deterioration in the quality of the marine resources such as~ (i) non-biodegradable rubbish or debris; (ii) the discharge of a poison, chemical or noxious substance, including but not limited to oil, petroleum, solvents, or metals; and (iii) the introduction of disease to the Fiji fisheries waters. (i) ensure that all objects and substances likely to cause damage to or deterioration in the quality of marine resources is stored on board the vessel and returned to port; (j) that the following records or logs are maintained on board the vessel - (i) catch log; (ii) engineer's log; (iii) ship's log; and (iv) freezer log; (k) nominate, appoint and maintain an agent who shaH be resident in Fiji and who shall have authority to receive and respond to any legal process and shall notify the Permanent Secretary of the name and address of such agent; (l) that the master of the vessel is able to communicatc in the English language, and in the event that the master is not able to communicate as such, the operator or his or her agent shall ensure that there is a translator on board the vessel at all times; (m) confirms that any communication, information, document, direction, request or response to or from that agent shall be deemed to have been sent to, or received from the vessel operator; (n) a licensed fishing vessel shall comply with the requircments for the marking of such vessel prescribed in Schedule 5; and (o) where any information submitted to the Director or Pennanent Secretary in an application for a licence, authorisation or permit has changed, the operator shall provide notification of such changes to the Director within one month from the date the change is effected. (3) A fishing vessel licence or authorisation issued in accordance with the Decree may contain such other terms and conditions and- (a) shall be issued for a specified type, class or species of fish provided that a vessel licensed or authorised to catch certain species sha11 ensure that such species constitute at lenst 70 percent of the total catch prior to landing or transhipment, whichever occurs earlier; (b) may be issued for a specified area of Fiji fisheries waters; (c) shall specify which types of fishing and related activities are permitted under the licence; (d) may specify a port or ports at which the vessel may tranship, land,l'e-fuel or re-provision; (e) may specify such further conditions in relation to any fishing permitted under the permit, including any applicable conditions in relation to total allowable catch or effOlt, as are necessary or desirable; (f) may specify the number of citizens who are to be employed as crew aboard the vessel during the licence period; (g) shall be endorsed in respect of any support craft carried on board and any aircraft used for any fishing operation; (h) may require the placement of observers in accordance with section 70 of the Decree; (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; (j) shall be seaworthy and contain adequate life safety equipment or survival gear for each passenger and crew member including for the authorised observer; (k) shall be subject to manning requirements determined by the Maritime and Safety Authority of Fiji; and (l) shall be subject to such further terms and conditions imposed by the Permanent Secretary.

(1) The master or operator of a vessel authorised to fish beyond Fiji fisheries waters under the Decree shall comply with the conditions applicable to licences or authorisations issued under the Decree and these Regulations. and the following conditions- (a) compliance with the maintenance of logs and reporting of catches as described in the vessel reporting requirements in these Regulations; (b) compliance with the Mobile Transceiver Unit reporting requirements; (c) compliance with the obligations relating to authorised officers and observers set out in Part 6 of the Decree and in these Regulations; (d) where the vessel is licensed to fish within the waters under the recognised jurisdiction of another State, compliance with the terms and conditions of licence of that State. In the event of a conflict between the terms and conditions of licence of that State and the terms of authorisation, the operator shall notify the Director; (e) where the vessel is fishing within the waters under the recognised jurisdiction of another State, compliance with the applicable laws of that State; (f) where the vessel is fishing on the high seas- (i) compliance with applicable international conservation and management measures; (ii) compliance with vessel reporting requirements including reporting requirements in high seas areas regulated by the Western and Central Pacific Fisheries Commission or other regional fisheries management organisations; and (iii) compliance with the boarding and inspection requirements in high seas areas regulated by the Western and Central Pacific Fisheries Commission or other regional fisheries management organisations. (2) Notwithstanding the requirement for landing of catch in regulation 4( a), an operator of a fishing vessel may apply in the form set out in Schedule 6M to the Permanent Secretary.