Fisheries Regulations 2018
Fishing Offenses & Infractions
Observers
Does the law/regulation provide for observers and are there requirements for the nationality of observers?
Regulation 74
(1) The Minister or Chief Fisheries Officer may appoint observers to accompany fishing vessels on fishing trips for the purpose of monitoring and inspection during the fishing trip. (2) An owner, charterer or master of a fishing vessel who is notified by an authorised officer of the appointment of an observer to accompany the fishing vessel on an observation trip shall give to the authorised officer at least one week notice of his intended departure from and expected landing at a port.
Regulation 75
An owner, charterer or master of a vessel on which an observer appointed under regulation 75 embarks shall- (a) provide accommodation and food that are equivalent to those provided to the crew to the observer; (b) allow the observer access to and use of the vessel's observer device and personnel upon request for the transmission and receipt of messages related to the observer's duties; (c) allow the observer access to and use of the vessel's navigation equipment and personnel upon request to determine the vessel's position; ( d) allow the observer free and unobstructed access to the vessel's bridge, working decks, holding bins, weight scales, holds and any other space used to hold, process, weigh or store fish; (e) allow the observer to inspect and copy the vessel's daily logbook, communication logs and any records associated with the catch and distribution of fish for that trip.
Transshipment
Does the law/regulation provide for transshipment?
Article 13
Fish may not be trans-shipped from or unto a foreign fishing vessel while in the fisheries waters except with the permission of the Chief Fisheries Officer and in accordance with such conditions as the Chief Fisheries Officer may specify.
Vessel Registration & License Management
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
Regulation 56
The Chief Fisheries Officer may suspend or revoke a fishing vessel's licence where there is a breach of the provisions of regulation 51, 52 or 53.
Does the law/regulation require license denial where a vessel has violated fisheries laws in areas beyond national jurisdiction, for example where the vessel is on, or associates with another vessel on an RFMO IUU Vessel list or for other reasons?
Regulation 56
The Chief Fisheries Officer may suspend or revoke a fishing vessel's licence where there is a breach of the provisions of regulation 51, 52 or 53.
What offenses exist in the law/regulation for which license suspension, revocation or cancellation is a mandatory consequence upon conviction for committing the offense?
Regulation 56
The Chief Fisheries Officer may suspend or revoke a fishing vessel's licence where there is a breach of the provisions of regulation 51, 52 or 53.
Vessel Tracking
Does the law/regulation require or exempt fishing vessels to keep VMS turned on, or is there no provision?
Regulation 51
( 1) Every owner of a fishing vessel licensed or permitted to fish in the fisheries waters or for related activities shall ensure that the vessel is fitted with a vessel monitoring device approved by the Chief Fisheries Officer within the implementation period specified in the Fifth Schedule. (2) The Minister may, in his sole discretion, extend the time stipulated for the installation of a vessel monitoring device for not more than two months. (3) After installation, the owner shall submit the relevant information on the vessel monitoring device to the Chief Fisheries Officer in Form A in the Sixth Schedule along with a certified administrative copy of the operationalisation of the equipment from the supplier of the device.
Regulation 52
A charterer, owner or master of a vessel licensed or permitted to fish in the fisheries waters shall ensure that at all times the vessel monitoring device installed on the vessel is not tampered with or manipulated to distort the position of the vessel or any other information that may be relayed by the device.
Regulation 53
The vessel monitoring device shall be programmed to automatically transmit, continuously and throughout the period of the licence or permit to fish, to the Fisheries Monitoring Centre data relating to - (a) the identification of the vessel; (b) the most recent geographical position of the vessel with a margin of error not exceeding 500 meters; (c) the date and time of the fixing of the position of the vessel; (d) the speed and course of the vessel.