Fishery Regulations 1998

(1) No person shall engage in transshipment without: (a) prior authorization in writing from the Director in accordance with Section 63 of the Act or such other license or permission as the Authority may require from time to time; (b) payment of such fee as may be require; and (c) the presence of such observer or other person as the Director may require, who shall have all necessary powers under this Act to obtain information and take such evidence and samples as he may require in carrying our his duties.

(1) The Director shall, as soon as is practicable after the receipt of an application under Regulation 12, consider the application. (2) The Director shall evaluate the license application taking into account: (a) any applicable national fisheries policy; (b) the provisions of any relevant fishery management plan drawn up under Section 25 or 48 or the Act; (c) any fishing plan that may have been required with the application pursuant to Regulation 13; (d) where the application related to a license to be issued under an access agreement, the terms of that agreement; and (e) any relevant measures of Local Government Council taken in accordance with Part IV of the Act. (3) In evaluation a license application, the Director may consider: (a) whether the applicant and any other person involved in the operation which is the subject of the application have complied with: (i) this Act, including the provision of catch data and the conservation and management of fisheries resources; (ii) any access agreement or other international instrument to which Republic of Marshall Islands is party. (b) whether the applicant is applying pursuant to multilateral access agreement, fisheries management agreement or other international instrument to which Republic of Marshall Islands is party; (c) in relation to an enterprise which in not wholly owned and controlled by citizens: (i) the level of citizen equity and the degree of control exercisable in law, by agreement or in practice by citizens in the enterprise; (ii) the proposed cost and profit sharing arrangements in the enterprise; (iii) any proposal for variation in (I) or (ii); (iv) the proposed level of employment of citizens in the proposed operation (including crew members on any vessel involved in the proposed operation); (d) where the proposed operation involves fishing within the five mile zone of the territorial sea to which the legal system of a Local Government Council applies, any action taken by such Local Government Council consistent with Part IV of the Act, and the result of any consultation with appropriate members of such Council; (e) in relation to any vessel the subject of the application: (i) its ownership and registration history; (ii) the nature of any charter agreement, lease, mortgage or other financial arrangement in relation to it; (iii) its proposed base port of operation; and (iv) the history of good standing of the vessel.

(1) The Director, with the concurrence of two Board members, may suspend a license, either generally or in relation to specified area: (a) if a material misrepresentation, omission or misstatement of fact has been made in the application for the license and discovered after the license was issued; (b) if there has been any misreporting or failure to report as required under this Act; (c) if he has reasonable grounds to suspect that there has been contravention of, or a contravention of, or a failure to comply with, a term or condition of the license, not being a ground to which he has previously exercised his powers under this section in relation to the license; (d) if any fee, change or levy required in respect of the license has not been paid; (e) for a specified period, if he is satisfied that the suspension is necessary for the proper management of a fishery; (f) if the holder of the license has been charged with an offense involving dishonesty under any law and there has been no final determination of the charge; (g) if as a result of the operations of the licensee, there has been a conviction for an offense under this Act and the relevant fine or penalty has not been paid within the required time; (h) on any other ground under this Act.

(1) The Director shall designate officers of the Authority to be authorized to receive and deal with information and data received from a vessel monitoring system, and shall define the access of any person or class of persons to such information and data. (2) In any circumstances where the installation and maintaining of a transponder or other equipment forming the part of a vessel monitoring system is required pursuant to this Act or an access agreement, it shall be the responsibility of the operator to pay for the full cost of such installation and operation, and the administration of the vessel monitoring system. (3) The operator shall ensure that the transponder or other equipment forming part of a vessel monitoring system is registered with the South Pacific Forum Fisheries Agency and in accordance with such other requirements as the Director may notify from time to time. (4) The operator of any fishing vessel required to install and maintain a transponder or other equipment forming part of a vessel monitoring system shall ensure: (a) within a reasonable time prior to entry into the Fishery Waters, that the transponder is switched on, s operating properly and transmits information in accordance with the; (i) standards and requirements of the Director; and (ii) manufacturer's specifications; (iii) that the Director is notified if a transponder; (iv) is removed from the vessel; or (v) fails to operate properly (5) Notwithstanding the requirements in Section 90 (7) of the Act, no person shall: (a) tamper with a transponder or other vessel monitoring system equipment; or (b) receive information or data from a vessel monitoring system when not authorized to do so by the Director. (6) Notwithstanding the provisions in Section 89 (2) of the Act, if, in any proceedings for an offense against the Act, the prosecution tenders evidence that has been produce wholly or partly by a machine, transponder, device or technical process, and the machine, transponder, device, or technical process is of a kind that ordinarily does what the prosecution asserts the machine, transponder, device, or technical process has done, then, in the absence of proof to the contrary, the evidence shall be admissible and sufficient proof that, on the relevant occasion, the machine, transponder, device, or technical process operated in the way asserted by the prosecution. (7) The Director may authorize the release of information obtained by means of vessel monitoring system for purposes of judicial proceedings or Summary Administrative Proceedings.