Fisheries Regulations 1998

(1) A person who - (a) permits to be used, uses or attempts to use any explosive, poison or other noxious substance for the purpose of killing, stunning, disabling or catching fish, or in any way rendering fish more easily caught; or

(b) carries or has in his possession or control any explosive, poison or other noxious substance in circumstances indicating an intention of using the substance for any of the purposes referred to in paragraph (a);

is guilty of an offense and is liable to a penalty not exceeding $5,000. (2) Any explosive, poison or other noxious substance found on board any boat shall be

presumed, unless the contrary is proved, to be intended for the purposes referred to in sub- regulation (1)(a).

(3) A person who lands, sells, receives or possesses any fish taken by a means which contravenes sub-regulation (1)(a), and who knows or has reasonable cause to believe them to have been so taken, is guilty of an offense and is liable - (a) where the person proves that the landing, receipt or possession was not for the purpose of sale, trade or profit, to a fine not exceeding $500 or imprisonment for a term not exceeding one year, or both; or (b) in any other case, to a fine not exceeding $1,000 or imprisonment for a term not exceeding two years, or both.

(1) No person shall place a fish aggregating device in fisheries waters except with the permission in writing of the Chief Executive Officer and in accordance with such conditions as he specifies. (2) Permission to place a fish aggregating device shall not, of itself, confer any exclusive right to fish in the vicinity of the device. (3) No person shall use a boat, other than a small boat, to fish within a radius of two nautical miles from a designated fish aggregating device except with the permission of the Chief Executive Officer and in accordance with such conditions as he may specify. (4) A fish aggregating device placed in fisheries waters otherwise than in accordance with permission given under sub-regulation (1) may be used or disposed of as the Chief Executive Officer directs. (5) A person who contravenes sub-regulation (1) or (3) is guilty of an offense and is liable to a penalty not exceeding $500.

(1) In considering an application for a licence under this Part, the Chief Executive Officer shall take into consideration - (a) any relevant policy directions or guidelines of the Minister and the Authority; and (b) any relevant Fishery Strategy; and (c) any relevant declarations of total allowable catch or precautionary limit points; and (d) where the proposed operation entails possible adverse environmental effects, any proposals for the management of those effects; and (e), the commercial viability of the proposed operation (including where necessary or applicable, an assessment of the financial resources of the applicant and analysis of projected cash flows); and (f) the financial and operational history of the applicant and any other person involved in the operation the subject of the application; and (g) whether the applicant and any other person involved in the operation the subject of the application have cooperated in and made contributions to the development of the fishing industry, fishery research, the identification of fishing resources, the enforcement of fisheries laws, the provision of catch data and the conservation and management of fishing resources; and (h) in relation to a boat the subject of the application, the ownership and registration history of the boat, the nature of any charter agreement, lease, mortgage or other financial arrangement in relation to the boat, the proposed base port of operation of the boat and the history of the good standing of the boat; and (i) in relation to a national boat the subject of an application for a national boat licence, details of the ownership of the boat or the use of land-based facilities in Nauru such as may qualify the boat to be classed as a national boat; and (j) in relation to an application for a game fishing licence, whether it is proposed that the operation will be associated with any national, sub-regional or regional tag-and-release or other similar conservation or scientific project; and (k) any proposals by the applicant and any other person involved in the proposed operation for future expansion or alteration of the nature of the proposed operation; and (l) in relation to an enterprise which is not wholly owned and controlled by Nauruan citizens, the level of citizen equity and the degree of control exercisable in law, by agreement or in

practice by citizens in the enterprise, the proposed cost and profit sharing arrangements in the enterprise, and any proposals for variation in any of these; and (m) any proposed level of training and employment of Nauruan citizens in the proposed operation (including crew members on any boat involved in the proposed operation); and (n) any other similar matters.

(2) The Chief Executive Officer may refuse to grant a licence - (a) where he considers it necessary to do so in order to give effect to any licensing programme or limitation specified in a relevant Fishery Strategy or, in the case of a fishery not subject to a Fishery Strategy, or not previously exploited, where he believes that it would be detrimental to the proper management of the fishery to issue a licence; or (b) where the issue of the licence would conflict with any scheme of priorities established for the grant of licences; or (c) where he has reason to believe, in view of previous convictions for offenses related to fisheries, that the applicant will not comply with the conditions of the licence; or (d) in relation to an application in respect of a boat, where the boat does not have a valid seagoing certificate or certificate of seaworthiness where required under the laws governing shipping, or is not in compliance with any prescribed or acceptable safety standards; or (e) in relation to an application for a national boat licence where he is not satisfied as to the bona fides of the joint venture under which it is proposed the boat will operate or that the boat is sufficiently based in Nauru so to qualify, as a national boat; or (f) in relation to an application for a foreign boat licence, where the boat does not have good standing, or its good standing is suspended, or it does not have VMS registration; or (g) on any other grounds specified by or under the Act or these Regulations.

(1) The operator of a boat licensed under this Part or under a Regional Licensing Arrangement shall recognise and agree to comply with all laws of the Republic, including and in particular the Act and these Regulations. (2) The boat shall only be used for such fishing or fisheries activities and during such periods and in such places as are specified in the licence. (3) The boat shall not be used for transhipment at sea except in the case of a small purse seiner which is specifically authorised to undertake observed transhipment by and in accordance with the conditions of its licence and any applicable access agreement. (4) The boat shall at all times while in fisheries waters - (a) fly the flag of the state in which it is registered; and (b) display identification markings in accordance with Schedule 3; and (c) display lights and shapes for the boat and activity in which it is engaged in compliance with the requirements of the International Regulations for Preventing Collisions at Sea.

(5) The boat shall carry the original of the licence, together with any endorsements, on board the boat at all times during the licence period and produce it to an officer upon request (6) The boat shall, unless the Chief Executive Officer otherwise directs in writing, carry a person who is able to communicate effectively in English and in the language of the master of the boat and that person may be the master. (7) The master of a boat which takes fish shall complete daily in the English language, whether within fisheries waters or not, in a form approved by the Chief Executive Officer, a fishing logbook for each day of fishing which shall include the following information:- (a) the date and time; (b) the fishing effort of the boat; (c) the method of fishing used; (d) the area and position (to one minute of arc) at which fishing was undertaken; (e) the species of fish taken, and the quantity and condition of each species; (f) the species of fish taken and discarded, and the quantity and condition of each species; (g) any other information required by the Chief Executive Officer or as specified in the licence,

and shall certify by his signature that the information in the fishing logbook is true, complete and accurate. (8) The operator shall provide to the Chief Executive Officer, in a form and by a means approved by him, information in Schedule 4 - (a) each Wednesday while the boat is in fisheries waters; and (b) immediately upon entry into and exit from fisheries waters; and (c) at least 24 hours before the estimated time of entry into the port of Nauru; and

(d) at least 24 hours before any transhipment, offloading, refuelling or provisioning is proposed.

(9) The operator of a boat which takes fish shall provide to the Chief Executive Officer, in a form and by a means approved by him - (a) a trip completion report in accordance with Schedule 4, within 48 hours; and (b) a final trip report together with true copies of catch reports, landing slips or dock receipts, within 21 days in the case of a national boat, or 45 days in the case of a foreign boat,

of the completion of a fishing trip. (10) The master shall maintain on board the boat, at all times whether within fisheries waters or not, a ship's log separate from the fishing logbook referred to in sub-regulation (7) and shall enter in that log a record of the date, time and nature of every instruction or direction normally recorded in a ship's log and every requirement communicated to the master by the Chief Executive Officer or an authorised officer. (11) The master shall ensure the continuous monitoring of the international distress and calling frequency (HF) as determined from time to time by the International Telecommunications Union, and the international safety and calling frequency (channel 16, VHF FM). (12) The boat shall carry on board the latest edition of the "International Code of Signals" published by the International Maritime Organization Marine Safety Committee, and the signals specified in that Code shall be used in every communication by radio, flag or light by a licensed boat in fisheries waters. (13) The master shall adopt all reasonable measures to minimise catch of species other than those specified in the licence, including the use of equipment and techniques shown to be effective in minimising those catches. (14) The provisions of the Act and these Regulations relating to observers shall be observed at all times and in all waters. (15) Notwithstanding anything in these Regulations, the Chief Executive Officer may at any time during the licence period, require further and better information from the operator of a licensed boat regarding the operations of the boat.

(1) In considering an application for a licence under this Part, the Chief Executive Officer shall take into consideration - (a) any relevant policy directions or guidelines of the Minister and the Authority; and (b) any relevant Fishery Strategy; and (c) any relevant declarations of total allowable catch or precautionary limit points; and (d) where the proposed operation entails possible adverse environmental effects, any proposals for the management of those effects; and (e), the commercial viability of the proposed operation (including where necessary or applicable, an assessment of the financial resources of the applicant and analysis of projected cash flows); and (f) the financial and operational history of the applicant and any other person involved in the operation the subject of the application; and (g) whether the applicant and any other person involved in the operation the subject of the application have cooperated in and made contributions to the development of the fishing industry, fishery research, the identification of fishing resources, the enforcement of fisheries laws, the provision of catch data and the conservation and management of fishing resources; and (h) in relation to a boat the subject of the application, the ownership and registration history of the boat, the nature of any charter agreement, lease, mortgage or other financial arrangement in relation to the boat, the proposed base port of operation of the boat and the history of the good standing of the boat; and (i) in relation to a national boat the subject of an application for a national boat licence, details of the ownership of the boat or the use of land-based facilities in Nauru such as may qualify the boat to be classed as a national boat; and (j) in relation to an application for a game fishing licence, whether it is proposed that the operation will be associated with any national, sub-regional or regional tag-and-release or other similar conservation or scientific project; and (k) any proposals by the applicant and any other person involved in the proposed operation for future expansion or alteration of the nature of the proposed operation; and (l) in relation to an enterprise which is not wholly owned and controlled by Nauruan citizens, the level of citizen equity and the degree of control exercisable in law, by agreement or in

practice by citizens in the enterprise, the proposed cost and profit sharing arrangements in the enterprise, and any proposals for variation in any of these; and (m) any proposed level of training and employment of Nauruan citizens in the proposed operation (including crew members on any boat involved in the proposed operation); and (n) any other similar matters.

(2) The Chief Executive Officer may refuse to grant a licence - (a) where he considers it necessary to do so in order to give effect to any licensing programme or limitation specified in a relevant Fishery Strategy or, in the case of a fishery not subject to a Fishery Strategy, or not previously exploited, where he believes that it would be detrimental to the proper management of the fishery to issue a licence; or (b) where the issue of the licence would conflict with any scheme of priorities established for the grant of licences; or (c) where he has reason to believe, in view of previous convictions for offenses related to fisheries, that the applicant will not comply with the conditions of the licence; or (d) in relation to an application in respect of a boat, where the boat does not have a valid seagoing certificate or certificate of seaworthiness where required under the laws governing shipping, or is not in compliance with any prescribed or acceptable safety standards; or (e) in relation to an application for a national boat licence where he is not satisfied as to the bona fides of the joint venture under which it is proposed the boat will operate or that the boat is sufficiently based in Nauru so to qualify, as a national boat; or (f) in relation to an application for a foreign boat licence, where the boat does not have good standing, or its good standing is suspended, or it does not have VMS registration; or (g) on any other grounds specified by or under the Act or these Regulations.

3. (1) A small boat which is used for fishing, including game fishing, in fisheries waters shall be registered in accordance with this Part. (2) The owner of a small boat may apply in Form 1 of Schedule 1 to register or renew the registration of the boat. (3) Where he is satisfied that - (a) the boat the subject of an application under sub-regulation (2) meets acceptable safety standards, and (b) the registration or renewal will not conflict with any scheme of priorities established for the registration of small boats; and (c) it is in the national interest to register or renew the registration of the boat, the Chief Executive Officer may, upon receiving payment of the fee set out in Column 2 of Schedule 2, register the boat and grant a certificate of registration in Form 2 of Schedule 1 to the owner of the boat, or renew the registration and certificate, as the case may be. (4) The period of registration under this Part is as specified in Column 3 of Schedule 2.

(1) The Chief Executive Officer may suspend a licence, on such terms as he considers appropriate- (a) where a material misrepresentation, omission or misstatement of fact has been made in the application for the licence; or

(b) where there has been consistent failure to report as required by these Regulations; or (c) where he has reasonable grounds to suspect that there has been a contravention of, or a failure to comply with, a term or condition of the licence, not being a ground to which he has previously exercised his powers under this regulation in relation to the licence; or (d) where any fee, charge or levy required in respect of the licence has not been paid; or (e) for a specified period, where he is satisfied that the suspension is necessary for the proper management or conduct of a fishery or a fishing activity; or (f) where the licensee has been charged with an offense involving dishonesty under any law and the charge has not yet been determined; or (g) in respect of a national boat which the Republic has proposed for licensing under a Regional Licensing Arrangement, where he has reasonable grounds to believe that the boat has been operated contrary to the conditions of the Regional Licensing Arrangement or the laws of any state in whose waters the Regional Licensing Arrangement entitles it to fish; or (h) on any other ground specified under the Act or these Regulations for the suspension of a licence.

(2) Before a licence is suspended, the Chief Executive Officer shall serve a notice on the licensee specifying the ground for suspension and - (a) where the licence is being suspended under sub-regulation (1)(b) or (c), allowing the holder not less than 14 days after the date of serving of the notice to remedy the contravention or the failure to comply or pay; or (b) where the licence is being suspended under sub-regulation (1)(d), (f), (g), (h) or (i), allowing the holder not less than 14 days after the date of service of the notice to make representations as to why the licence should not be suspended.

(3) Unless sooner revoked, the suspension of a licence under sub-regulation (1)- (a) takes effect on the expiry of the time allowed in the notice under sub-regulation (2); and (b) continues until the suspension is rescinded by the Chief Executive Officer or the licence expires or is cancelled.

(4) On the request of the licensee, the Chief Executive Officer shall allow him an opportunity to be heard and - (a) where he is satisfied that the ground for suspension does not apply or is not sufficiently serious as to merit suspension, may rescind the suspension; or (b) where he is satisfied that the licensee is performing his obligations and complying with the Act and these Regulations, shall rescind the suspension.

(5)The Chief Executive Officer shall rescind a suspension - (a) under sub-regulation (1)(e), if the suspension is no longer required for the proper management of the fishery; or (b) under sub-regulation (1)(f), when the charge has been determined in favour of the licensee.

(1) In considering an application for a licence under this Part, the Chief Executive Officer shall take into consideration - (a) any relevant policy directions or guidelines of the Minister and the Authority; and (b) any relevant Fishery Strategy; and (c) any relevant declarations of total allowable catch or precautionary limit points; and (d) where the proposed operation entails possible adverse environmental effects, any proposals for the management of those effects; and (e), the commercial viability of the proposed operation (including where necessary or applicable, an assessment of the financial resources of the applicant and analysis of projected cash flows); and (f) the financial and operational history of the applicant and any other person involved in the operation the subject of the application; and (g) whether the applicant and any other person involved in the operation the subject of the application have cooperated in and made contributions to the development of the fishing industry, fishery research, the identification of fishing resources, the enforcement of fisheries laws, the provision of catch data and the conservation and management of fishing resources; and (h) in relation to a boat the subject of the application, the ownership and registration history of the boat, the nature of any charter agreement, lease, mortgage or other financial arrangement in relation to the boat, the proposed base port of operation of the boat and the history of the good standing of the boat; and (i) in relation to a national boat the subject of an application for a national boat licence, details of the ownership of the boat or the use of land-based facilities in Nauru such as may qualify the boat to be classed as a national boat; and (j) in relation to an application for a game fishing licence, whether it is proposed that the operation will be associated with any national, sub-regional or regional tag-and-release or other similar conservation or scientific project; and (k) any proposals by the applicant and any other person involved in the proposed operation for future expansion or alteration of the nature of the proposed operation; and (l) in relation to an enterprise which is not wholly owned and controlled by Nauruan citizens, the level of citizen equity and the degree of control exercisable in law, by agreement or in

practice by citizens in the enterprise, the proposed cost and profit sharing arrangements in the enterprise, and any proposals for variation in any of these; and (m) any proposed level of training and employment of Nauruan citizens in the proposed operation (including crew members on any boat involved in the proposed operation); and (n) any other similar matters.

(2) The Chief Executive Officer may refuse to grant a licence - (a) where he considers it necessary to do so in order to give effect to any licensing programme or limitation specified in a relevant Fishery Strategy or, in the case of a fishery not subject to a Fishery Strategy, or not previously exploited, where he believes that it would be detrimental to the proper management of the fishery to issue a licence; or (b) where the issue of the licence would conflict with any scheme of priorities established for the grant of licences; or (c) where he has reason to believe, in view of previous convictions for offenses related to fisheries, that the applicant will not comply with the conditions of the licence; or (d) in relation to an application in respect of a boat, where the boat does not have a valid seagoing certificate or certificate of seaworthiness where required under the laws governing shipping, or is not in compliance with any prescribed or acceptable safety standards; or (e) in relation to an application for a national boat licence where he is not satisfied as to the bona fides of the joint venture under which it is proposed the boat will operate or that the boat is sufficiently based in Nauru so to qualify, as a national boat; or (f) in relation to an application for a foreign boat licence, where the boat does not have good standing, or its good standing is suspended, or it does not have VMS registration; or (g) on any other grounds specified by or under the Act or these Regulations.

(1) A licence which authorises fishing or a fisheries activity in; contravention of a notice under section 11 of the Act is, to the extent that its terms contravene the notice, automatically suspended. (2) Where the good standing or the VMS registration of a licensed boat is suspended, any licence in respect of the boat is automatically suspended until and unless the good standing or the VMS registration (as the case may be) of the boat is restored.

(1) No licence shall be issued in respect of a foreign boat except under and in accordance with an access agreement. (2) An application for a foreign boat licence shall be made in Form 4 of Schedule 1 by or on behalf of the operator of the boat. (3) A foreign boat licence - (a) shall be in Form 5 of Schedule 1; and (b) shall be issued for a specified species, sub-species, class or type of fish; and (c) may be issued for a specified area of fisheries waters; and (d) shall specify the fishing method permitted under the licence; and (e) may specify the type of equipment to be used for fishing; and (f) may specify a port or ports at which the boat may tranship offload, refuel or re-provision; and (g) may specify such further conditions in relation to any fishing permitted under the licence, including catch limits, as are necessary or desirable; and (h) may specify a number of Nauruan citizens who are to be employed as crew aboard the boat during the licence period; and (i) shall require that an approved automatic location communicator be installed on the boat, maintained in good working order and kept operational at all times during the licence period and in accordance with the manufacturer's specifications and operating instructions and the standards laid down by the Regional Vessel Monitoring System; and (j) shall be endorsed in respect of any support aircraft and support craft.

(4) A foreign boat licence is subject to the conditions in regulation 27 and to such further conditions as are specified in it.

(1) The operator of a national boat may apply for a national boat licence in Form 6 of Schedule 1. (2) A national boat licence - (a) shall be in Form 7 of Schedule 1; and (b) shall be issued for a specified species, sub-species, class or type of fish; and (c) may be issued for a specified area of fisheries waters; and (d) shall specify the fishing method permitted under the licence; and (e) may specify the type of equipment to be used for fishing; and (f) may specify a port or ports at which the boat may tranship, offload, refuel or re-provision; and (g) may specify such further conditions in relation to any fishing permitted under the licence, including catch limits, as are necessary or desirable; and (h) may specify a number of Nauruan citizens who are to be employed as crew aboard the boat during the licence period; and (i) may require that an approved automatic location communicator be installed on the boat, maintained in good working order and kept operational at all times during the licence period and in accordance with the manufacturer's specifications and operating instructions and the standards laid down by the Regional Vessel Monitoring System; and (j) shall be endorsed in respect of any support aircraft and support craft. (2) A national boat licence is subject to the conditions in regulation 27 and to such further conditions as are specified in it.