Fisheries Act

(1) A person must not:(a) permit to be used, use or attempt to use any explosive, or any poison or other noxious substance for the purpose of killing, stunning, disabling or catching fish orin any way rendering fish more easily caught; or (b) carry or have in his or her possession or control any explosive, poison or other noxious substance in circumstances indicating an intention to use the substance for a purpose mentioned in paragraph (a); or (c) take, or attempt to take , fish by a prescribed method. (2) For subsection (1) (c), the regulations may prescribe methods that cause unnecessary damage to the marine environment or to stocks of fish. (3) A person who contravenes subsection (1) is liable on conviction to a fine of S100 000 and to imprisonment for 2 years. (4) A person must not receive or possess fish taken by means that contravene subsection (1) if the person knows or ought reasonably to know that the fish have been taken by those means.

(1) The Director of Fisheries may designate in writing persons to act as observers on any vessel that is subject to a licence or authorisation under this Act. (3) An observer appointed under subsection (2) who is not a citizen of Kiribati , while in Kiribati waters, is subject to this Act for carrying out his or her duties and enforcing his or her rights. (4) Any person on board a vessel that is licensed or authorised under this Act must allow an observer to board and remain on the vessel for the purpose of carrying out his or her duties.

(2) The Director of Fisheries may, with the approval of the Minister, grant a licence in the prescribed form, authorising the vessel to do any of the following: (b) load, unload or tranship fish in Kiribati waters;

"local fishing vessel" means a fishing vessel wholly owned and controlled by: (b) a company , society or other association of persons incorporated or established under the laws of Kiribati, at least 60% of which is beneficially owned by citizens or the Government of Kiribati; or citizens of Kiribati; or a joint venture, consortium or partnership arrangement or agreement in which at least 49% of the beneficial ownership and control of the joint venture, consortium or partnership is vested in or held by citizens or the Government of Kiribati.

“fishing master” means a person who is or appears to be controlling, directing or determining fishing operations and activities of a fishing vessel.

"operator" means any person who is in charge of, or who directs or controls, a vessel, including the master, owner and any charterer of the vessel. Fisheries (Amendment) Act 2015: Amendment of Section 3

“owner” in relation to a vessel means any person exercising or discharging or claiming the right or accepting the obligation to exercise or discharge any of the powers or duties of an owner, whether on his own behalf or on behalf of another, and includes a person who owns the vessel jointly with any other person or persons and any manager, director or secretary of any corporate body or company that holds an ownership interest in the vessel;

"local fishing vessel" means a fishing vessel wholly owned and controlled by: (a) the Government of Kiribati; or (b) a company , society or other association of persons incorporated or established under the laws of Kiribati, at least 60% of which is beneficially owned by citizens or the Government of Kiribati; or citizens of Kiribati; or a joint venture, consortium or partnership arrangement or agreement in which at least 49% of the beneficial ownership and control of the joint venture, consortium or partnership is vested in or held by citizens or the Government of Kiribati.

(1) If a condition of a licence or authorisation is contravened, the Director of Fisheries may: (a) cancel the licence or authorisation; or (b) suspend it for a period he or she thinks appropriate. (2) A person may appeal to the Minister against: (a) the refusal of a licensing officer to grant a licence; or (b) the suspension or cancellation of a licence or authorisation. (3) A licence or authorisation that has been suspended or cancelled remains suspended or cancelled unless the Minister determines otherwise .

(1) The Director may by notice in the Gazette designate a device or machine, or class of device or machine, as an observer device for this section. (2) For this section: "observer device" means a device or machine that: (a) is placed on a fishing vessel in accordance with this Act as a condition of a licence or agreement; and (b) transmits (whether in conjunction' with 'other machines or not) information or data about the position and fishing activities of thevessel.