Fisheries (PNA Third Implementing Arrangement) Regulations 2009 specifically implements a FAD closure period (prohibiting deployment and services) in high seas and in EEZs between 20N and 20S.

(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) Subject to this Act and to any policy directions of the Minister, the utilisation, management, development, conservation and protection of all fish in fisheries waters is the responsibility of the Authority. (2) The Minister, the Authority, and any other person exercising powers and performing functions under this Act shall have regard to - (a) the principle that Nauru's fisheries and marine resources shall be managed, developed, conserved and protected as a sustainable asset for future generations; and (b) the sustainable utilisation of the fisheries and marine resources of Nauru to achieve economic growth, improved social standards, improved nutritional standards, human resource development, increased employment and a sound ecological balance; and (c) the need to follow and adopt internationally recognised and accepted conservation and management measures to fisheries and marine resources, in accordance with the applicable rules and principles of international law; and (d) the need to apply the precautionary approach to the management and conservation of fisheries resources taking account of the best scientific information available, but not so that

the absence of adequate scientific information may be used as a reason for postponing or failing to take conservation and management measures; and (e) any principles of maximum sustainable yields, allowable levels of fishing, precautionary reference points or total allowable catch which may be supported or adopted by the Republic from time to time; and (f) the dependence of the people of Nauru on the fish and marine resources of fisheries waters for their food and livelihood; and (g) the need to avoid adverse impacts on the marine environment, to preserve biodiversity, to maintain the integrity of marine ecosystems and to minimise the risk of long-term or irreversible effects of fishing operations; and (h) any relevant international obligations or bilateral or multilateral agreements of the Republic, or applicable rules of international law, relating to the exercise of jurisdiction of the Republic in fisheries waters; and (i) any fisheries and marine resources policy of the Republic; and (j) any Fishery Strategy drawn up in accordance with this Act.

(1) The Chief Executive Officer shall make such arrangements and take such measures as may be appropriate to enable him to provide information to and exchange information with other states and organisations concerning fisheries management strategies. (2) The information that may be provided to and exchanged with international, regional or sub-regional organisations may include information about - (a) catch and effort statistics in respect of fishing operations in fisheries waters; and (b) relevant biological and statistical data; and (c) relevant laws of Nauru; and (d) actions with respect to decisions taken and mutually agreed upon between the Republic and the organisation.

(3) The information that may be provided to and exchanged with states with which the Republic has reached agreement concerning cooperation in fisheries surveillance, monitoring and enforcement may include information about - (a) the location and movement of foreign fishing boats; and (b) foreign boat licensing; and (c) fisheries surveillance and law enforcement activities; and (d) evidentiary material; and (e) such other information as appears to him to be necessary or desirable to assist those states to enforce their fisheries laws and to deter breaches of those laws.

(4) Where he has reason to believe that a foreign fishing boat has engaged in activities that undermine any internationally, regionally or sub-regionally accepted conservation and management measures with regard to fisheries and marine resources, or that breach the fisheries management laws of another state, the Chief Executive Officer shall - (a) provide to the appropriate authorities of the flag state of the boat such information, including evidentiary material, relating to those activities, as may be necessary to assist the flag state in identifying the boat; and (b) when the boat is voluntarily in the port of Nauru, promptly notify the appropriate authorities of the flag state of the boat accordingly; and

(c) take such measures as appear to him to be necessary or desirable in order to secure compliance by the boat with those fisheries conservation and management measures or laws or in order to enable another state to enforce its fisheries laws in respect of the boat.