Fisheries Management Act (Amendment) 2015

New Sections 40A and 40B. The Principal Act is amended by inserting the following new sections after Section 40 as follows: 40A. Interpretation. In this section, "international conservation and management measures" means measures to conserve or manage fish that are adopted and applied in accordance with the relevant rules of international law as reflected in the 1982 United Nations Convention on the Law of the Sea, the FAO Compliance Agreement and the United Nations Fish Stocks Agreement either by global, regional or sub-regional organisations, or by treaties or arrangements to which Papua New Guinea is a party, or is a cooperaring non contracting party, or is otherwise bound by their provisions. 40B. GIVING EFFECT TO INTERNATIONAL CONSERVATION AND MANAGEMENT MEASURES (NEW SECTION 40A). (1) The Minister shall publish in the National Gazette a list of the global, regional or sub-regional organisations or arrangements to which Papua New Guinea is a party or a cooperating non contracting party. (2) The Minister shall, upon receiving a recommendation from the Board of the National Fisheries Authority, publish a notice in the National Gazette, the international conservation and management measures which shall have the force oflaw in Papua New Guinea and on all fishing vessels registered in Papua New Guinea and in doing so the Notice may specify that only a certain part or parts of an intemational conservation and management measure shall have such effect. (3) An intemational conservation and management measure shall apply in the internal waters, archipelagic waters and territorial sea only to the extent that is specifically stated in any Notice giving effect to an intemational conservation and management measure to apply in such waters.

NEW SECTIONS 41A AND 41B."41A. REFUSAL TO GRANT A LICENCE. (1) Without prejudice to the power ofthe Board to issue licences under Section 41, the Board shall refuse to grant a fishing licence -(c) where it has been established that the vessel has been involved in the commission of a serious violation of an international conservation "41B. SUSPENSION OR CANCELLATION. (1) A fishing licence may be suspended or cancelled -(c) where the Board has reason to believe that the vessel has been used in the commission of a serious violation of an international conservation and management measure;

The application form shall contain the following details: (d) the names, addresses and comprehensive details of the vessel's beneficial owners and operators, as well as the details and the location of substantive control of the vessel.

(1) Without prejudice to the power of the Board to issue licences under Section 41, the Board shall refuse to grant a fishing licence - (a) if the vessel, its owners, charterers or operators are not in good standing; or (b) if the vessel is on a list of fishing vessels maintained by a regional fisheries management organisation of vessels that are believed to have engaged in illegal, unreported, or unregulated fishing; or (c) where it has been established that the vessel has been involved in the commission of a serious violation of an international conservation and management measure until such time as all outstanding sanctions imposed in respect of the violation have been complied with; or

(d) if there is reason to believe that the vessel has engaged in trafficking of people, drug trafficking, or has treated fish workers on board in a cruel or inhumane manner. (2) The Board shall not issue a fishing licence in respect of a vessel unless satisfied that Papua New Guinea will be able to exercise effectively its responsibilities under applicable international conservation and management measures with respect to that vessel.

(3) Subject to the provisions of Subsections (4) and (6), the Board shall not issue a fishing licence in respect of any fishing vessel, if that vessel was previously authorised to be used for fishing on the high seas by a foreign state, but - (a) the foreign state suspended such authorisation because the vessel undermined the effectiveness of international conservation and management measures, and the suspension has not expired; or

(b) the foreign state, within the last three years preceding the application for a licence under this section, withdrew such authorisation because the vessel undermined the effectiveness of international conservation and management measures; or (c) the vessel is at the time of application for a fishing licence on a list of vessels maintained by a global or regional fisheries organisation that are believed to have engaged in illegal, unreported or unregulated fishing. (4) The restriction in Subsection (3) does not apply if the ownership of the vessel has changed since the vessel undermined international conservation and management measures, and the new owner has provided sufficient evidence to the Board demonstrating that the previous owner or operator has no further legal, beneficial or financial interest in the vessel.

(5) A decision by the Board under Subsection (2) of this section shall not be justiciable in a court of law or in summary proceedings under Part VII. (6) A person who knowingly or recklessly provides any information required to be given under this section which is false in a material particular commits an offense and shall be liable on summary conviction to a fine in accordance '\.th this Act, and in addition the applicable licence may be suspended or cancelled.

41B: Suspension or Cancellation. (1) A fishing licence may be suspended or cancelled - (a) where it appears to the Board that it is necessary or expedient to do so for the conservation or management of living marine resources; or (b) where the Board has reason to believe that a vessel has been engaged in illegal, unreported, or unregulated fishing; or (c) where the Board has reason to believe that the vessel has been used in the commission of a serious violation of an international conservation and management measure; or (d) where the Board has reason to believe that the vessel has been involved in trafficking of people, drug trafficking, or has treated fish workers on Board in a cruel or inhumane manner; or (e) where a vessel is removed from good standing; or (f) where a vessel is not registered or flagged in accordance with Papua New Guinea law; or (g) where a foreign state has removed any authorisation for the vessel to fish; or (h) where a vessel has been involved in two or more offenses referred to in Section 58(1) in the preceding two years. (2) Before a fishing licence is suspended or cancelled, the holder of the licence shall be informed of the intention to suspend or cancel and give reasons for the proposed action.

(3) A decision to suspend or cancel a fishing licence shall be communicated to the vessel master and holder of the licence as soon as practicable after the decision is made along with the reasons for the suspension or cancellation and shall be reviewed at periods no longer than 21 days. (4) The licence holder shall be given 21 days to make submissions in respect of any decision to suspend or cancel a licence.

(1) The operator of each fishing vessel licensed to fish under this Act may be required, as a condition of its licence, to install, maintain and operate a registered automatic location communicator (ALC) at all times while in the fisheries waters or such other area as may be agreed or designated, and in accordance with - (a) the manufacturer's specifications and operating instructions; and (b) such standards as may be required by any body or organisation of which Papua New Guinea is a member; and (c) such other requirements as may be prescribed. (2) The operator of each vessel referred to in Subsection (1) shall ensure that - (a) no person tampers or interferes with the ALC and that the ALC is not altered, damaged, disabled or otherwise interfered with; and (b) the ALC is not moved from the required or agreed installed position or removed without the prior written permission of the Managing Director; and

(c) the ALC is switched on and is operational at all times when the vessel is within the fisheries waters or such other area as may be agreed or designated, and at such times prior to entry into such fisheries waters or other area as may be prescribed; and (d) upon notification by the Managing Director that the vessel's automatic location communicator has failed to transmit, the directives of the Managing Director are complied with until such time that the vessel's ALC is functioning properly; and

(e) the ALC is registered, as the Managing Director may direct or as may be prescribed, at the operator's expense. (3) The operator of each vessel referred to in Subsection (1) or his authorised agent, upon notification by the licensing country or appropriate authority that the vessel's ALC has failed to report, shall ensure that reports containing the vessel's name, call sign, position (expressed in latitude and longitude to minutes of arc), and date and time for the report, are communicated to a delegated authority at intervals of eight hours or such shorter period as specified by the delegated authority, commencing from the time of notification of the failure of the ALC and such reports must continue until such time as the ALC is confirmed operational by the licensing country or appropriate authority. (4) If it is not possible to make any one or more of the further position reports described in Subsection (3), or when the Managing Director so directs, the master or operator of the vessel must immediately stow the fishing gear and take the vessel directly to a port identified by the Managing Director, and as soon as possible, report to the Managing Director that the vessel is being, or has been, taken to port with gear stowed.

(5) Any operator, including the master or operator, owner and charterer, who does not comply with Subsections (1), (2), (3) or (4) commits an offense and shall be liable on conviction to a fine in accordance with this Act, and in addition the applicable licence may be cancelled.