Fisheries Management Regulations 2000

  • Language: English
  • Year: 2000

Fishing Offenses & Infractions

Labor Rules, Offenses, & Infractions

Does the law/regulation require foreign vessels to employ national labor?

  • Article 3

    (2) A fishing vessel licence issued in accordance with the Act shall contain such terms and conditions as are specified in Section 43 of the Act and– (f) may specify the number of citizens who are to be employed as crew aboard the vessel during the licence period.

Transshipment

Does the law/regulation provide for transshipment?

  • Article 25

    (1) No fish may be transhipped in fisheries waters other than in accordance with the Act or this Regulation and any applicable access agreement. (2) Unless specified in the terms of the licence, the provisions of this section do not apply to a domestic vessel operating subject to Section 30(1). (3) Subject to Subsection (4), any vessel operator who intends to tranship fish in fisheries waters shall lodge such notice as is from time to time required by the Managing Director in an approved form prior to and upon completion of any transhipment. (4) A licensed foreign vessel, other than a vessel licensed by an administrator, shall tranship fish at a designated port in accordance with the terms of the licence, the Act, this Regulation and any applicable access agreement. (5) A transhipment under Subsection (6) may be carried out in conjunction with a port call referred to in Section 25. (6) A person transhipping fish from a foreign fishing vessel in accordance with this Act may, upon completion of the transhipment, apply to a Fishery Officer to certify the transhipment, and where the Fishery Officer is satisfied that the transhipment has been carried out in accordance with the Act and this Regulation, he shall certify the transhipment report accordingly.

Vessel Registration & License Management

What qualifications does the law/regulation give for a vessel to qualify as a local vessel?

  • Regulation 3

    (1) Fishing vessel licences shall be issued in accordance with this Act in respect of Papua New Guinea fishing vessels, locally based foreign fishing vessels and foreign fishing vessels, provided that a fishing vessel licence for a locally based foreign fishing vessel shall only be applied for by a citizen.

What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?

  • Article 18

    (1) No licence shall be issued which authorizes fishing or a related activity in contravention of a notice of prohibition under Section 30 of the Act, but where so issued, to the extent that a licence’s terms contravene the notice, it shall be automatically suspended upon notification by the Managing Director. (2) Where the good standing of a licensed vessel is withdrawn, any licence in respect of the vessel is automatically suspended until and unless the good standing of the vessel is restored. (3) Where a performance bond is not lodged as required in accordance with Section 13, the licence in respect of which the performance bond is required is automatically suspended until and unless the performance bond is lodged.

  • Article 20

    (1) Where– (a) the flag state registry; or (b) the ownership, of a licensed vessel changes, or it is established that a licensed vessel has more than one flag state registration, or change of ownership not approved by the Board under Section 16, any current licence in respect of the vessel shall automatically terminate unless otherwise provided in this Regulation. (2) Where the good standing of a licensed vessel is withdrawn, any current licence in respect of the vessel shall automatically terminate.