Fisheries Act

(1) A person shall not (a) permit to be used, use or attempt to use an explosive, a poison or any other noxious substance for the purpose of killing, stunning, disabling or catching fish, or in any way rendering fish more easily caught, or (b) carryon board or possess or control without lawful authority at a place within a two kilometre radius from a shore or river, an explosive, a poison or any other noxious substance in circumstances indicating an intention of using that substance for any of the purposes referred to in paragraph (a). (2) An explosive, a poison or any other noxious substance found on board a fishing vessel shall be presumed, unless the contrary is proved, to be intended for the purposes referred to in subsection (1) (a). (3) A person who lands, sells, receives or possesses fish taken by a means which con-travenes subsection (1) (a) and who knows or has reasonable cause to believe that the fish has been so taken, commits an offense and is liable on summary conviction to a fine of not less than (a) $250,000 and not more than $2 million in respect of a local industrial or semi-industrial fishing vessel or a foreign fishing vessel, or (b) twenty-five penalty units and not more than five hundred penalty units in any other case, and in addition, the catch, fishing gear or any other apparatus or any combination of them used in the commission of the offense shall be forfeited to the Republic.

(1) Subject to subsection (3), a person shall not fish for marine mammals in the fishery waters. (2) A marine mammal caught accidentally shall be released immediately and returned to the waters from which it was taken with the least possible injury. (3) The Director with the approval of the Council may give a written authorisation to fish for marine mammals in a limited manner. (4) A person who contravenes subsection (1) or (2) commits an offense and is liable on summary conviction to a fine of not less than (a) $50,000 and not more than $1 million in respect of a local industrial or semi-industrial vessel or a foreign fishing vessel, or (b) five hundred penalty units in any other case.

(1) The owner of a local industrial or semi-industrial fishing vessel licensed under this Act shalI employ a master, officers and crew of which not less than seventy-five percent are citizens

(1) The Minister may, on the recommendations of the Council, appoint in writing public officers to act as observers in respect of a vessel issued with a fishing licence or an authorisation under this Act. (2) Observers shall perform the functions determined by the Minister including (a) collection of catch and effort data, (b) taking reasonable samples of fish for scientific purposes, and (c) reporting violations of this Act and the Regulations

(3) An access arrangement shall include the provisions required to implement minimum terms and conditions of fisheries access in accordance with this Act, including (c) provisions that the owner, charterer, operator, master or any other person responsible for the operation of a licensed vessel shall not tranship fish at sea except only at designated times and places and in accordance with this Act, and

(1) Unless authorised in writing by the Commission, a fishing vessel shall not be used for transshipment of fish in the fishery waters without the supervision of an authorised officer or under any other arrangement and conditions approved in advance by the Council. (2) The master, owner or charterer of a vessel used in contravention of subsection (1) commits an offense and is liable on summary conviction to a fine of not less than $100,000 and not more than $2 million in respect of a foreign fishing vessel, or a local industrial or semi-industrial fishing vessel, or (b) two hundred and fifty penalty units and not more than one thousand penalty units in the case of a canoe, and in addition to the fine, all the fish and fish products on the vessel shall be confiscated to the Republic.

(1) Unless otherwise provided in this Act, a person shall not tranship or export tuna in or from the fishery waters without (a) a licence or an authorisation issued or granted by the Minister on the rec- ommendation of the Commission, and (b) first landing all the tuna in the Republic. (2) A person who acts contrary to subsection (1) commits an offense and is liable on summary conviction to a fine of not less than $10,000 and not exceeding $1 million. (3) Regulations may be made to provide further for matters relating to tuna fishing.

In this Act, unless the context otherwise requires, "master, in relation to a fishing vessel, means the person for the time being in command or apparently in charge of that vessel; "operator includes a person who is in charge of, directs or controls a vessel, the owner, charterer and master; "owner", in relation to a fishing vessel, includes a person exercising or discharg- ing or claiming the right of accepting the obligation to exercise or discharge any of the functions of an owner whether on behalf of the owner or on behalf of another and a person who is the owner jointly with any other person or persons and a manager, director or secretary of a body corporate or company, but does not include a person in possession under a charter-party;

(1) A local industrial or semi-industrial fishing vessel is a fishing vessel (a) owned or controlled by a citizen, the Government, or owned or controlled by a company or partnership registered by law in the Republic which has its principal place of business in the Republic and the share of which is beneficially owned wholly by the Government, a citizen, a public corporation established by law in the Republic or a combination of any of them, and in the case of a tuna fishing vessel, where at least fifty percent of the shares in the vessel is beneficially owned or controlled by the persons specified in paragraph (a), and registered in the Republic.

(2) The Council may refuse to recommend the issue or renewal of a fishing licence, or may recommend the suspension or cancellation of a fishing licence or authorisation where it is satisfied that: (m) the applicant or operator of the vessel for which a licence is sought has a documented history of non-compliance with fisheries laws or regulations and is believed unlikely to comply with those laws, or regulations if a licence is issued.

(2) The Council may refuse to recommend the issue or renewal of a fishing licence, or recommend the suspension or cancellation of a fishing licence or authorisation where it is satisfied that (a) information required to be given or reported under this Act and the applic-able access arrangement is false, incomplete, incorrect or misleading; (b) it is necessary to do so in order to give effect to a licensing programme specified in an approved fisheries plan; (c) the owner or charterer of the vessel is the subject of proceedings under the bankruptcy laws of a jurisdiction or on reasonable grounds appears unable to meet the financial obligations which could arise from fishing activities, and has not provided financial assurances required by the Commission; (d) the vessel in respect of which the licence was issued has been used in contravention of this Act or in breach of a regulation or direction made or given under this Act or a condition of the licence or, in the case of a foreign fishing vessel, in breach of an applicable access arrangement; (e) the fishing vessel does not meet the safety standards required under an enactment for the purpose for the time being in force; (j) the fishing vessel does not bear the prescribed markings; (g) the gear to be used on the fishing vessel does not meet the requirements of the prescribed mesh sizes; (h) the fishing vessel is manned by a crew that is not qualified under an existing enactment for the purpose; (i) the vessel is not seaworthy; (j) the fishing vessel is not covered by a valid policy of insurance which covers injury to third parties; (k) the owner, operator or master of the fishing vessel has failed to submit the catch returns or landing reports or to maintain logbooks as required under this Act or the Regulations; (f) the owner, operator or master of the fishing vessel engages in an activity prejudicial to the fishing industry; (m) the applicant or operator of the vessel for which a licence is sought has a documented history of non-compliance with fisheries laws or regulations and is believed unlikely to comply with those laws, or regulations if a licence is issued; or (n) the vessel for which the licence is sought is not equipped with a working transponder for satellite monitoring where applicable

(2) The Council may refuse to recommend the issue or renewal of a fishing licence, or may recommend the suspension or cancellation of a fishing licence or authorisation whereit is satisfied that: (n) the vessel for which the licence is sought is not equipped with a working transponder for satellite monitoring where applicable.

(2) The Council may refuse to recommend the issue or renewal of a fishing licence, or may recommend the suspension or cancellation of a fishing licence or authorisation where it is satisfied that: (n) the vessel for which the licence is sought is not equipped with a working transponder for satellite monitoring where applicable.