Transshipment

Fisheries Regulations 1998

Does the law/regulation provide for transshipment?

  • Article 27

    (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.