Territorial Sea and Exclusive Economic Zone Act 1996

(1) A person shall not – (a) Have control or possession of a driftnet; or (b) Engage in driftnet fishing in fishery waters; or (c) Use any explosives, poison or other noxious substance for the purpose of killing, stunning, disabling or catching fish in fishery waters; or (d) Bring on land, sell, dispose of, receive or have possession of any fish caught in contravention of paragraph (b) or (c).

(1) A person shall not – (a) Have control or possession of a driftnet; or (b) Engage in driftnet fishing in fishery waters; or (c) Use any explosives, poison or other noxious substance for the purpose of killing, stunning, disabling or catching fish in fishery waters; or (d) Bring on land, sell, dispose of, receive or have possession of any fish caught in contravention of paragraph (b) or (c).

(1) The Minister may, with Cabinet’s approval, enter into any other agreement that may be appropriate for the promotion of fisheries co-operation and harmonisation between Niue and any other country or countries. (2) Without limiting subsection (1), the agreements referred to in that subsection could include, for example, agreements relating to – (g) The harmonisation of fisheries conservation and management.

(1) The Director may designate, in writing, one or more persons to act as observers on fishing craft in respect of which a licence or authorisation has been issued or granted under this Act.

No mention of requirement for observers to be nationals.

(4) Every access agreement must – (e) Require the transshipment of fish at a time and place authorised by the licensing authority under the agreement except in cases where a licensed group seiner carries out transshipment to its licensed carrier vessel with the prior approval of the licensing authority.

(4) If a fishing craft contravenes subsection (2) or (3), the owner or charterer and the master of the vessel are each guilty of an offense.

(6) A licence must not be issued to a fishing craft under this section, unless that fishing craft is in good standing on the Regional Register.

"Regional register" is defined in Scetion 2 as the Regional Register of Foreign Fishing Vessels maintained by the South Pacific Forum Fisheries Agency at Honiara, Solomon Islands.

(1) Cabinet may cancel a licence issued under this Act, or suspend such a licence for the period determined by Cabinet if – (a) The licence is, or becomes, inconsistent with the requirements of a management and development plan; or (b) The fishing craft in respect of which it is issued, or the owner, charterer or the master of the fishing craft, has contravened – (i) A provision of this Act; or (ii) A condition of the licence; or (iii) If the licence was issued under an access agreement, a provision of the agreement; or (c) A payment due under, or in respect of, the licence is outstanding; or (d) The fishing craft’s good standing on the Regional Register is suspended or withdrawn; or (e) The fishing craft, or the owner, charterer or master of the fishing craft has been engaged in driftnet fishing; or (f) There is a driftnet on board the fishing craft.

(4) Any person who, whether intentionally or unintentionally, destroys, damages, renders inoperative or otherwise interferes with an observer device aboard a fishing craft without first obtaining the approval of the Director, commits an offense.

"Observer device" is defined in Section as as any device or machine placed on a fishing craft in accordance with this Act or an access agreement which transmits (whether in conjunction with other machines elsewhere or not), information or data concerning the position of fishing activities of the fishing craft.