Offshore Fisheries Management Regulations 2014 (L.N. No. 18 of 2014)

(1) Where an observer is in waters under the jurisdiction of another State, that observer must be duly recognised or authorised to exercise observer functions in those waters prior to exercising the functions of an observer under section 69 of the Decree. (2) An observer exercising functions in waters under the jurisdiction of another State shall comply with the laws of that State and applicable standards for the conduct of observers under an agreement to which Fiji is a party. (3) The operator, master, and each crew member of any fishing vessel, the driver of any vehicle and the pilot and crew of any aircraft shall comply with the obligations towards an observer prescribed in sections 70 and 72 of the Decree and shall not- (a) access or attempt to access the equipment, journal or documents of an observer on board the vessel; or (b) damage, destroy or attempt to damage or destroy the equipment, journal or documents of an observer. (4) AnobserverexercisingfUllctionswithinFijifisherieswatersorbeyondsuchwaters shall comply with his or her obligations set out in Schedule 10. (5) Any person- (a) who contravenes sub-regulation (3); and (b) who while acting as an observer contravenes suo-regulation (2), commits an offense.

(1) The operator of a fishing vessel shall not tranship at sea under any circumstances except in a port authorised by the Director to an authorised carrier vessel which is in good standing on the Regional Register. (2) The operator of a fishing vessel intending to conduct transhipment shall in accordance with sub-regulation (1)- (a) provide 72 hours' notice to the Director of a request to tranship any or all of the fish on board; and (b) provide such information required in the form set out in Schedule 61 including the name of the vessel, its international radio call sign, its position, the catch on board by species, the time and port where such transhipment is requested to occur, and an undertaking to pay all fees required. (3) A fishing vessel authorised to conduct transhipment in accordance with this regulation shall- (a) only tranship at the time, port, and approved designated areas within Fiji fisheries waters authorised for transhipment by the Director; (b) submit full reports on transhipment in the form approved by the Director; (c) allow and assist any person identified as an observer to have full access to and use of facilities and equipment which the officer may determine is necessary to carry out his or her duties; (d) not assault, obstruct, resist, delay, refuse boarding to, intimidate or interfere with any such officer in the performance of his or her duties; and (e) pay the relevant fees set out in Schedule 7 based on tonnage of fish transhipped to the receiving vessel upon completion of transhipment operations in a designated port or specified area within Fiji fisheries waters. (4) The operator of a vessel shall comply with any condition imposed by the Director in the authorisation for transhipment. (5) Transhipment in a designated area within Fiji fisheries waters shall only be authorised for Fiji fishing vessels transhipping fresh fish. (6) An operator of a vessel who contravenes this regulation commits an offense.

"domestic fishing vessel or domestic fishing fleet" includes Fiji vessels, locally based foreign fishing vessels or a chartered fishing vessels;

The Minister may, on the recommendation of the Permanent Secretary and in conformity with the Decree and a Fisheries Management Plan, declare by notice in the Gazette the requirements for joint venture or other commercial agreements in support of domestic fisheries development, and may amend such requirements from time to time.

(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.