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;

(1) No person shall - (a) use, permit to be used or attempt to use any - (i) chemical, poison or noxious substance or material whether of manufactured or natural origin; or (ii) dynamite or explosive substance or device, for the purpose of killing, taking, stunning, stupefying or disabling fish or in any way rendering fish more easily caught; or (b) carry, permit to be carried, possess or control any - (i) chemical, poison or noxious substance or material whether of manu- factured or natural origin; or (ii) dynamite or explosive substance or device, in circumstances which indicate the intention of its use for any of the purposes referred to in Paragraph (a); or (c) (2) No person shall - (a) land, display for sale, sell, deal in, transport, receive or possess any fish or fish product taken by any means which contravenes this section; or (b) knowing or having reasonable cause to believe that any fish or fish product has been taken in contravention of this section, fail or refuse to give, on request, to any authorized officer information regarding - (i) any activity described in Subsection (1), or any support of or contribution to such activity; or (ii) the source of his supply of any fish or fish product referred to in Paragraph (a). (3) Any person who contravenes Subsection (1) or (2) commits an offense. (4) In any proceedings for an offense against this section, a certificate in writing stating the cause of death or injury of any fish, issued in accordance with Section 67, shall be prima facie evidence of that fact. (5) For the purposes of this section, any explosive, poison or other noxious substance found on board any fishing vessel shall be presumed to be intended for the purposes referred to in Subsection (1)(a). (6) All fish or fish products seized under this section shall be confiscated, and any vessel or vehicle used to transport such fish or fish products may be confiscated, and disposed of in such manner as the Managing Director determines. (7) For the purposes of this section, the terms “chemicals”, “noxious materials”, “poisonous” and “substance” include but are not limited to hypochlorus acid or any of its salts, including bleaches commonly sold under various trade names such as Clorox and Purex, and bleaching powders, preparations containing rotenone, tephrosin or plant material from Barrington asiatica, Coculus ferrandianus, Hera crepitans, Piscidia erythrina, Tephrosia purpurea and Wikstremia.

The Authority shall, in respect of highly migratory fish stocks which occur both in the fisheries waters and in the high seas, and without prejudice to the sovereign rights and special requirements of Papua New Guinea as a developing coastal State, have authority to cooperate with States fishing on the high seas in respect of such stocks for the purpose of achieving compatible conservation and management measures.

(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– (j) shall impose conditions relating to the operation of fish aggregating devices, including the requirement to limit the number of such devices allowed under any licence, and may include conditions relating to the area of development; and

(2) The licence holder, owner or operator in respect of a fish aggregating device used in fisheries waters shall ensure that it is clearly marked– (a) where the device is used in conjunction with a licensed vessel, with the licence number of the vessel; or (b) in any other case, sufficiently to identify the owner or any person placing and using the device. (3) A fish aggregating device or other equipment deployed independently of a vessel shall be placed so that it is well clear of navigational routes.

(1) Subject to assessment and permission under Sections 8 to 14- (a) the dumping of wastes or other matter is prohibited; and (b) the loading of wastes or other matter onto a vessel, aircraft or platfOlTI1 for the purpose of dumping is prohibited, except for those wastes or other matter specified in Section 7. (2) Any person, including the owner and person-in-charge of any vessel, aircraft or platfonn to which the event relates, who fails to comply with any provision of this section, each commits an offense. Penalty: A fine not exceeding Kl,OOO,OOO.OO; or Default Penalty: A fine not exceeding Kl 0,000.00 for each day during which the offense continues.