Nauru Fisheries Act 1997

(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.

(1) The Minister may, by notice in the Gazette, appoint a person as an observer. (2) An observer shall be allowed and assisted to board and remain on board a licensed boat at any time, for scientific, compliance, monitoring and other similar observation functions. (3) While on board a boat in accordance with subsection (2), an observer - (a) shall be provided at no charge with reasonable food, accommodation and medical care equivalent to that provided for officers of the boat; and

(b) shall be provided with a suitable work area including a table and sufficient lighting to carry out his work; and (c) shall have full access to the bridge, fishing equipment and fish on board and areas which may be used to hold, process, weigh and store fish; and (d) shall have full access to the boat's documents for the purposes of inspection and copying; and (e) shall have reasonable access to navigation equipment and charts and shall be provided upon request with the accurate position of the boat in latitude and longitude; and (f) shall have messages on his behalf promptly sent and received by means of the communications equipment aboard the boat; and (g) may take and remove from the boat samples and relevant information; and (h) may take photographs of the fishing operations and any associated operations, including fish, fishing equipment and charts and records, and may remove from the boat any photographs or film that he may have taken or used on board the boat; and (i) shall be allowed and assisted to carry out all duties safely; and (j) shall be embarked and disembarked at times and places as agreed between the observer and the master.

(4) Where the boat on which the observer is placed is a foreign boat, the observer shall be provided with - (a) full travel costs to and from the points of embarkation and disembarkation; and (b) salary; and (c) full insurance cover in respect of loss of life, medical expenses or personal injury.

(1) An act or omission in contravention of a provision of this Act which is committed - (a) by any person within fisheries waters; or (b) outside fisheries waters by any Nauruan citizen or any person ordinarily resident in Nauru; or (c) by any person on board a national boat,

shall be dealt with and judicial proceedings taken as if the act or omission had taken place in Nauru. (2) Where this Act entitles an authorised officer or an observer to exercise a power or perform a function outside fisheries waters, any act or omission of any person outside fisheries waters in relation to the authorised officer or observer, which if committed within fisheries waters would be an offense against this Act, shall be deemed to have been committed within fisheries waters. (3) Where a law or a condition of a licence specifically or incidentally requires the reporting of a fact while a boat is on the high seas, proceedings may be taken in respect of a failure to report the fact as if the failure had occurred within fisheries waters.

Where the owner or charterer of a foreign boat who is charged with an offense against section 22(1) or (2), 23, 24 or 26 is neither resident nor physically present in Nauru at the time when the boat was first arrested or at any time after the arrest - (a) the master of the boat; or (b) any employee, agent or representative of the owner or charterer who may be resident or physically present in Nauru at any time after the arrest,

shall be deemed to be the owner or charterer, as the case may be, and may be charged, prosecuted, convicted and sentenced as appropriate.

(1) The Chief Executive Officer may, in accordance with this Act, register boats and grant certificates of registration, permits, licences and other authorisations to engage in or to use a boat for fishing or a fisheries activity in accordance with this Act, and may renew those registrations, certificates, permits, licences and authorisations from time to time. (2) Where the terms of a Regional Licensing Arrangement permit a foreign boat licensed in accordance with its terms to fish in fisheries waters, or a part of fisheries waters, the boat shall be deemed to be licensed under this Act according to the terms of the Arrangement and the licence.

(1) A licence granted under this Part - (a) is subject to the conditions specified in it; and

(b) provided the applicable fee has been paid, comes into force on a date specified in it or, if no date is specified, on the date on which it is granted; and (c) subject to this regulation, remains in force until the day on which it expires in accordance with regulation 13. (2) A licence issued in contravention of any provision of the Act or these Regulations, any other law or any applicable agreement or arrangement, is void.