Fisheries Management Act 2016

International conservation and management measures in international agreements – (1) The Minister may, for any treaties, agreements or arrangements Samoa enters into, give effect to the international conservation and management measures required under the agreement by: (a) proposing regulations to be made under section 92; (b) declaring, by Order in the Savali, that whole or part of a conservation and management measure has the force of law in Samoa; (c) endorsing a fisheries management plan that gives effect to an international conservation and management measure as having the force of law in Samoa; or (d) imposing conditions to any existing licence or imposing conditions on future licences, by Order in the Savali. (2) The Fisheries Division must: (a) keep copies of all the international conservation and management measures that are in effect in Samoa; and (b) make a list of the measures available to the public. (4) The Order under subsection (1)(d) must, after its first publication, be published every other six (6) months thereafter for at least 2 years.

(1) A person commits an offense who: (a) permits to be used, uses, or attempts to use an explosive, poison, or other noxious substance for the purpose of killing, stunning, disabling, or catching fish, or in any way rendering fish more easily caught; or (b) permits to be carried, carries or has in the person’s possession or control any explosive, poison, or other noxious substance in circumstances evidencing an intention of using the explosive, poison, other noxious substance for any of the purposes referred to in paragraph (a), and is liable on conviction to a fine not exceeding 1,000 penalty units or to imprisonment for a term not exceeding 12 months, or both. (2) Any explosive, poison, or other noxious substance found on board a fishing vessel is presumed, unless the contrary is proved, to be intended for the purposes referred to in subsection (1)(a). (3) A person who lands, sells, receives, or is found in possession of any fish taken by any means which is in contravention of subsection (1)(a), commits an offense and is liable on conviction to a fine not exceeding 500 penalty units or to imprisonment for a term not exceeding six (6) months, or both. (4) In any proceedings for anoffense under this section: (a) a certificate, as to the cause and manner of death of or injury to any fish, signed by the Chief Executive Officer (or by a person authorised, in writing, by the Chief Executive Officer) is, unless the contrary is proved, sufficient evidence as to the matters stated in the certificate; and (b) the prosecution must give the defendant not less than 14 days’ notice in writing of the prosecution’s intention to adduce a certificate under paragraph (a).

(1) A person must not destroy, throw overboard, conceal or abandon any fish, fish product, fishing gear, net, log, return, record, document, electric shock device, explosive, poison or other noxious substance, or any other thing with intent to avoid seizure or the detection of an offense under this Act. (2) A person who contravenes subsection (1) commits an offense and is liable on conviction to a fine not exceeding 10,000 penalty units.

(1) A person commits an offense of serious violation if the person: (a) conducts fishing without a licence, authorisation or fishing right; (b) fails to maintain accurate records of catch and catch- related data, as required by this Act or a licence, including serious misreporting of catch contrary to this Act or to a licence; (c) conducts fishing – (i) in a closed area; (ii) during a closed season; or (iii) without, or after attainment of, a quota established in the fishery waters or by an applicable sub regional or regional fisheries management organisation or arrangement; (d) conducts fishing directed at a stock, which is subject to a moratorium or for which fishing is prohibited; (e) uses prohibited fishing gear; (f) falsifies or conceals the markings, identity or registration of a fishing vessel; (g) conceals, tampers with or disposes of evidence relating to an investigation or anticipated investigation; (h) commits multiple violations, which together constitute a serious disregard of conservation and management measures; (i) commits any other serious violations specified under this Act or prescribed by regulations. (2) A person convicted for a serious violation offense is liable on conviction to a fine not exceeding 100,000 penalty units.

(1) The Head of State, acting on the advice of Cabinet, may make regulations to give effect to the provisions or for the purposes of this Act, and in particular may make the following regulations: ... (l) regulating fish aggregating devices and the rights to the aggregated fish, and prescribing times and the minimum distances from those devices where vessels may fish;

(1) The Chief Executive Officer may, in writing, appoint persons as fisheries observers on licensed fishing vessels. (2) Despite subsection (1), fisheries observers may be designated under any fishery plan or treaty and are so designated if: (a) required by any fishery plan or any agreement; or (b) a fisheries observer or class of fisheries observers has been certified under an agreement or other bilateral or multilateral treaty to which Samoa is party. (3) Persons (other than Samoans) designated under subsection (2) are subject to this Act while: (a) carrying out their duties and functions; and (b) enforcing their rights. (4) Fisheries observers: (a) must carry out their scientific, compliance, monitoring and other functions, duties and powers under this Act; (b) may board fishing vessels that is licensed or has a high seas authorisation or a Flag State authorisation; and (c) may remain on the fishing vessel when carrying out their functions, duties and powers under this Act.

11. Operators’, etc., duties on observers – (1) The operator, master, and each member of the crew of a fishing vessel must allow and assist a fisheries observer to do any or more of the following: (a) board and remain on the vessel for the purpose of carrying out the observer’s functions, duties and powers, at any time and place, as the Chief Executive Officer may require; (b) have full access to and the use of facilities and equipment on board the vessel as the fisheries observer determines to be necessary to carry out the observer’s duties, including – (i) full access to the bridge, fish on board and areas which may be used to hold, process, weigh and store fish; (ii) full access to the vessel's records including its log and documentation for the purpose of records inspection and copying; (iii) full access to fishing gear on board; (iv) full access to navigation equipment and radios; (c) take and remove from the vessel reasonable samples for the purposes of scientific investigation and other relevant information; (d) take photographs of the fishing operations, including fish, fishing gear, equipment, charts and records, and remove from the vessel the photographs or film as the observer may have taken or used on board the vessel; (e) send or receive messages by means of the vessel’s communications equipment; (f) gather any other information relating to fisheries in the fishery waters or other areas as may be authorised by licence, authorisation or treaty; (g) disembark at any time and place, as may be determined by the Chief Executive Officer or under an access agreement, plan or treaty; (h) carry out the fisheries observers functions, duties and powers safely; (i) carry out any other prescribed functions, duties and powers. (2) The operator must provide the observer, while on board the vessel, at no expense to the Government or observer, with food, accommodation and medical facilities equivalent to officers of the vessel or any reasonable standard acceptable to the Chief Executive Officer. (3) In addition to the requirements in subsection (2), the Chief Executive Officer may require the operator to pay in full the following costs of the observer: (a) travel costs to and from the vessel; (b) any salary as may be notified by the Chief Executive Officer, being the full amount of the salary; and (c) full insurance coverage. (4) The operator of a licensed fishing vessel must allow and assist an observer: (a) to have full access to a place within Samoa where fish taken in the fishery waters is unloaded or transhipped; (b) to remove samples; or (c) to gather any information relating to fisheries in the fishery waters.

12. Functions and powers of authorised officers and observers – (1) The operator of a fishing vessel must: (a) immediately, comply with any appropriate instruction or direction given by an authorised officer or observer; (b) facilitate safe boarding, entry and inspection of the vessel, vehicle or aircraft and any fishing gear, equipment, records, fish and fish products; and (c) ensure the safety of an authorised officer or observer as appropriate when carrying out his or her functions, duties or powers. (2) In subsection (1), ―operator‖ includes the owner, charterer, master or a crew member of a fishing vessel, the driver of a vehicle or the pilot or crew of an aircraft. (3) A person commits an offense who: (a) contravenes subsection (1); (b) assaults, obstructs, resists, delays, refuses boarding to, intimidates, fails to ensure the safety of or interferes with an authorised officer or observer when carrying out their functions, duties or powers; (c) incites or encourages any other person to assault, resist, or obstruct an authorised officer or observer when carrying out their functions, duties or powers, or a person lawfully acting under the officer’s or observer’s orders or in the officer's or observer’s aid; (d) uses threatening word or behaves in a threatening or insulting manner or uses abusive word or insulting gestures towards any authorised officer or observer when carrying out their functions, duties or powers, or a person acting under the authorised officer’s or observer’s orders or in the officer’s or observer’s aid; (e) fails to comply with any direction or order of any authorised officer or observer; (f) gives to any authorised officer any particular which is false or misleading in any material respect; (g) personates or falsely represents himself or herself to be an authorised officer or observer; (h) falsely represents himself or herself to be a person acting under the authorised officer’s or observer’s orders or in the officer’s or observer’s aid; or (i) resists an arrest made under this Act. (4) For the purpose of subsection (3), a person who does not allow: (a) an authorised officer, or a person acting under the officer’s order or in the officer’s aid; or (b) an observer to carry out the observer’s functions, duties or powers, is taken to be obstructing that officer or the person acting under the order of or aiding the officer or the observer. (5) A person commits an offense who: (a) transports an authorised officer or observer outside the fishery waters; and (b) causes officer or observer to disembark outside the territory of Samoa. (6) A person convicted of an offense under this section is liable: (a) to a fine not exceeding 500 penalty units, or to imprisonment for a term not exceeding six (6) months, or both; and (b) in addition, for any costs of repatriation, including board and lodging while the officer or observer is out of Samoa and their transportation to Samoa. (7) In subsection (5), ―person‖ means: (a) the operator of a fishing vessel; or (b) a company (or its agent)incorporated under the laws of Samoa that owns, partly owns or controls a fishing vessel.

13. Assistance to authorised officers and observers – (1) When exercising their powers under this Act, an authorised officer or observer may, if considered necessary, call upon another person to assist. (2) The person called upon under subsection (1) must render assistance.

14. Identification cards for authorised officers and observers – When carrying out their functions, duties and powers under this Act, an authorised officer or observer must, on request, produce identification card as proof of identity as an authorised officer or observer.

15. Confidential information – A staff member of the Fisheries Division or of the Ministry, an authorised officer, observer or any other person who obtains any confidential information for the purpose of this Act must use the confidential information only for the purposes of this Act.

(1) The operator, master, and each member of the crew of a fishing vessel must allow and assist a fisheries observer to do any or more of the following: (a) board and remain on the vessel for the purpose of carrying out the observer’s functions, duties and powers, at any time and place, as the Chief Executive Officer may require; (b) have full access to and the use of facilities and equipment on board the vessel as the fisheries observer determines to be necessary to carry out the observer’s duties, including – (i) full access to the bridge, fish on board and areas which may be used to hold, process, weigh and store fish; (ii) full access to the vessel's records including its log and documentation for the purpose of records inspection and copying; (iii) full access to fishing gear on board; (iv) full access to navigation equipment and radios; (c) take and remove from the vessel reasonable samples for the purposes of scientific investigation and other relevant information; (d) take photographs of the fishing operations, including fish, fishing gear, equipment, charts and records, and remove from the vessel the photographs or film as the observer may have taken or used on board the vessel; (e) send or receive messages by means of the vessel’s communications equipment; (f) gather any other information relating to fisheries in the fishery waters or other areas as may be authorised by licence, authorisation or treaty; (g) disembark at any time and place, as may be determined by the Chief Executive Officer or under an access agreement, plan or treaty; (h) carry out the fisheries observers functions, duties and powers safely; (i) carry out any other prescribed functions, duties and powers. (2) The operator must provide the observer, while on board the vessel, at no expense to the Government or observer, with food, accommodation and medical facilities equivalent to officers of the vessel or any reasonable standard acceptable to the Chief Executive Officer. (3) In addition to the requirements in subsection (2), the Chief Executive Officer may require the operator to pay in full the following costs of the observer: (a) travel costs to and from the vessel; (b) any salary as may be notified by the Chief Executive Officer, being the full amount of the salary; and (c) full insurance coverage. (4) The operator of a licensed fishing vessel must allow and assist an observer: (a) to have full access to a place within Samoa where fish taken in the fishery waters is unloaded or transhipped; (b) to remove samples; or (c) to gather any information relating to fisheries in the fishery waters.

(1) The operator of a fishing vessel must: (a) immediately, comply with any appropriate instruction or direction given by an authorised officer or observer; (b) facilitate safe boarding, entry and inspection of the vessel, vehicle or aircraft and any fishing gear, equipment, records, fish and fish products; and (c) ensure the safety of an authorised officer or observer as appropriate when carrying out his or her functions, duties or powers. (2) In subsection (1), ―operator‖ includes the owner, charterer, master or a crew member of a fishing vessel, the driver of a vehicle or the pilot or crew of an aircraft. (3) A person commits an offense who: (a) contravenes subsection (1); (b) assaults, obstructs, resists, delays, refuses boarding to, intimidates, fails to ensure the safety of or interferes with an authorised officer or observer when carrying out their functions, duties or powers; (c) incites or encourages any other person to assault, resist, or obstruct an authorised officer or observer when carrying out their functions, duties or powers, or a person lawfully acting under the officer’s or observer’s orders or in the officer's or observer’s aid; (d) uses threatening word or behaves in a threatening or insulting manner or uses abusive word or insulting gestures towards any authorised officer or observer when carrying out their functions, duties or powers, or a person acting under the authorised officer’s or observer’s orders or in the officer’s or observer’s aid; (e) fails to comply with any direction or order of any authorised officer or observer; (f) gives to any authorised officer any particular which is false or misleading in any material respect; (g) personates or falsely represents himself or herself to be an authorised officer or observer; (h) falsely represents himself or herself to be a person acting under the authorised officer’s or observer’s orders or in the officer’s or observer’s aid; or (i) resists an arrest made under this Act. (4) For the purpose of subsection (3), a person who does not allow: (a) an authorised officer, or a person acting under the officer’s order or in the officer’s aid; or (b) an observer to carry out the observer’s functions, duties or powers, is taken to be obstructing that officer or the person acting under the order of or aiding the officer or the observer. (5) A person commits an offense who: (a) transports an authorised officer or observer outside the fishery waters; and (b) causes officer or observer to disembark outside the territory of Samoa. (6) A person convicted of an offense under this section is liable: (a) to a fine not exceeding 500 penalty units, or to imprisonment for a term not exceeding six (6) months, or both; and (b) in addition, for any costs of repatriation, including board and lodging while the officer or observer is out of Samoa and their transportation to Samoa. (7) In subsection (5), ―person‖ means: (a) the operator of a fishing vessel; or (b) a company (or its agent)incorporated under the laws of Samoa that owns, partly owns or controls a fishing vessel.

(1) When exercising their powers under this Act, an authorised officer or observer may, if considered necessary, call upon another person to assist. (2) The person called upon under subsection (1) must render assistance.

When carrying out their functions, duties and powers under this Act, an authorised officer or observer must, on request, produce identification card as proof of identity as an authorised officer or observer.

A staff member of the Fisheries Division or of the Ministry, an authorised officer, observer or any other person who obtains any confidential information for the purpose of this Act must use the confidential information only for the purposes of this Act.

Transhipment – (1) A person must not tranship fish to or from a foreign vessel in fisheries waters unless the transhipment: (a) is provided in the vessel’s licence or an applicable access agreement; or (b) is granted under subsection (2). (2) The Chief Executive Officer: (a) may – (b) must attach prescribed conditionto the transhipment authorisation; and (c) may – (ii) impose new a condition. (3) The holder of a transhipment authorisationmust comply (i) with or without conditions (including conditions under subsection (3)), issue a transhipment authorisation permitting the vessel to tranship fish; (ii) refuse to issue the transhipment authorisation; or (iii) amend, suspend or revoke the transhipment authorisation; (i) amend, suspend or revoke a condition of the transhipment authorisation if the condition or a requirement of this Act is contravened; or with any applicable laws of Samoa and any condition of the authorisation. (4) A person who contravenes subsection (1) or a condition of the transhipment authorisation commits an offense and is liable on conviction to a fine not exceeding 10,000 penalty units.

“operator”, for a vessel: (a) means the person who, by virtue of ownership, a lease, a sub-lease, a charter or a sub-charter or otherwise, has lawful possession and control of the vessel; and (b) includes the master, owner or charterer of the vessel. “owner”, for a fishing vessel: (a) means a person exercising or discharging or claiming the right or accepting the obligation to exercise or discharge any of the powers or duties of the owner whether on his or her own behalf or on behalf of another; and (b) includes - (i) a person who is the owner jointly with any other person or persons; or (ii) a manager, director or secretary of a body corporate or company.

In this section, “person” means a Samoan or a company or other entity incorporated or established under the laws of Samoa.

(1) The Minister must not issue a licence under section 28 if the Chief Executive Officer advises the Minister that issuing the licence will contravene: (a) a requirement of this Act; (b) a fisheries treaty or a fisheries management agreement or fishery management plan; or (c) an international conservation or management measure binding on Samoa. (2) The Minister may, acting on the advice of the Chief Executive Officer, refuse an application for a licence on any or more of the following grounds: (a) the owner or operator is the subject of proceedings under the bankruptcy laws of any country and reasonable financial assurances have not been provided; (b) there has been a failure to satisfy a judgment or other determination for a contravention of this Act or an access agreement by the owner or operator of the vessel for which application for a licence has been made until such time as the judgment or other determination has been made; (c) the owner or operator of a vessel has contravened, or the vessel has been used to contravene conservation and management measures adopted by a regional or sub-regional fisheries management organisation to which Samoa is a party; (d) the owner or operator of a vessel has contravened, or the vessel has been used to contravene a fisheries treaty; (e) the owner or operator of a vessel has committed, or the vessel has been used to commit an offense under any other enactment; (f) if the fishing vessel for which the application is made does not have good standing on the Vessel Register maintained by the Pacific Islands Forum Fisheries Agency; (g) any previous offending history of the owner, operator or master of the vessel; (h) any other prescribed grounds.

(1) The Minister, acting on the advice of the Chief Executive Officer, may suspend or cancel a licence if the Minister is satisfied that: (a) it is necessary to do so in order to give effect to a licensing programme or conservation measure specified in, or implemented under a fishery management plan; or (b) a licensed fishing vessel has been used to contravene - (i) this Act; (ii) its licence or a condition of the licence (including the high seas authorisation); or (iii) an applicable fisheries treaty; or (c) payment has not been made and is overdue for any fees, other charges and compensation required under this Act, or for a penalty, fine or other order imposed under this Act; or (d) good standing on the Vessel Register has been withdrawn for the licensed vessel if the good standing is a condition of the licence; or (e) the Minister is required or authorised to do so under an access agreement; or (f) the holder of a licence fails to comply with the conditions of the licence or high seas authorisation or a requirement of this Act; or (g) on any other prescribed ground to suspend or cancel the licence.

(1) An authorised officer may: (a) order a person found committing an offense under this Act to stop committing the offense and if the person fails to obey the order, arrest the person without a warrant; or (b) with a warrant issued by a District Court Judge, arrest a person whom the officer reasonably suspects of having committed an offense under this Act, and request the person to provide the any or more of the following information – (i) the name by which the person is commonly known; (ii) the person's family name or surname; (iii) the person’s date of birth; (iv) the person’s actual place of residence; (v) the person’s occupation; (vi) proof of the information provided under subparagraphs (i) to (v) if it is reasonable to obtain proof. (2) If an authorised officer (other than a police officer) arrests a person under subsection (1), that authorised officer must, as soon as practicable, deliver the arrested person to the nearest police station or into the custody of a police officer.

(4) For the purposes of any proceedings under this Act, the act of any member of the crew of a fishing vessel while aboard that vessel or engaged in fishing activity related to that vessel is taken to be also that of the operator and master of the vessel.

If a person is convicted of an offense under this Act, the Court may make an order to suspend for any period as the Court considers appropriate or to forfeit, any fishing right, licence, authorisation or approval.

―Samoan fishing vessel‖ means: (a) a vessel which is registered under the Shipping Act 1998, and includes a Samoan chartered fishing vessel; and (b) the fishing vessel is wholly owned and controlled by – (i) the Government; or (ii) a company or other entity incorporated or established under the laws of Samoa, at least 60% of which is beneficially owned by a Samoan or the Government; or (iii) a Samoan; or (iv) a joint venture, consortium or partnership arrangement or agreement between 2 or more parties, if at least 60% of the beneficial ownership and control of the joint venture, consortium or partnership is vested in a Samoan or the Government.

“Samoan fishing vessel” means: (a) a vessel which is registered under the Shipping Act 1998, and includes a Samoan chartered fishing vessel; and (b) the fishing vessel is wholly owned and controlled by - (i) the Government; or (ii) a company or other entity incorporated or established under the laws of Samoa, at least 60% of which is beneficially owned by a Samoan or the Government; or (iii) a Samoan; or(iv) a joint venture, consortium or partnership arrangement or agreement between two (2) or more parties, if at least 60% of the beneficial ownership and control of the joint venture, consortium or partnership is vested in a Samoan or the Government.

PART 3 LICENCES

Division 1 - Licensing of vessels and marine scientific research 23. Samoan fishing vessels in fishery waters – (1) A person must not operate a Samoan fishing vessel in the fishery waters for: (a) fishing; or (b) related activities; or (c) any other activity regulated under this Act, unless the vessel is licensed to do so under this Act. (2) A fishing vessel used solely for sport, pleasure, recreational or subsistence fishing does not require a licence unless any fish to be caught under the sporting activity is intended to be sold. (3) The operator or the master of a vessel used in contravention of subsection (1) commits an offense, and is liable on conviction to a fine not exceeding 10,000 penalty units. (4) This section does not apply to a vessel less than 8 meters in length.

24. Samoan fishing vessels outside the fishery waters – (1) A person must not operate a Samoan fishing vessel for fishing or related activities: (a) in the fisheries waters of a foreign country except under the laws of that country; (b) in an area subject to a treaty or multilateral access agreement except under that treaty or agreement; (c) on the high seas except under a high seas authorisation issued under subsection (2); or (d) in an area subject to international conservation and management measures except under those measures. (2) A licensed Samoan fishing vessel must not fish in the high seas unless the Chief Executive Officer issues a high seas authorisation to fish in the high seas, subject to: (a) prescribed procedures for issuing the high seas authorisation; and (b) any conditions that the Chief Executive Officer may impose or any prescribed conditions. (3) The Chief Executive Officer may vary, suspend or impose: (a) conditions and restrictions on a fishing vessel licensed to fish on the high seas as are necessary and appropriate to carry out the obligations of Samoa under – (i) the Compliance Agreement and the Fish Stocks Agreement; or (ii) any applicable international conservation and management measures; or (b) any or more of the following conditions— (i) the area in which fishing is authorised; (ii) the period, times or particular voyages during which fishing is authorised; (iii) the descriptions, quantities, size or presentation of fish which may be taken; (iv) the method of fishing to be undertaken and type of gear to be used; (v) the marking of gear; (vi) a requirement that the vessel carry observers on board during fishing operations on the high seas; (vii) a requirement that access be permitted to foreign observers; (viii) a requirement that specific Mobile Transceiver Unit be carried, and the requirements governing its operation; (ix) measures to be taken to avoid catching non-targeted species; (x) requirements for recording and timely reporting of vessel position, catch of target and non-target species, fishing effort and other relevant fisheries data; (xi) requirements for verifying the catch of target, non-target species and discards; (xii) the stowage of gear. (4) The operator of a vessel that is used in contravention of subsection (1) or (2) or any condition imposed under subsection (3) commits an offense, and is liable on conviction to a fine not exceeding 10,000 penalty units.

25. Use of vessels of another Flag by Samoans on the high seas – (1) A person must not operate or be employed on foreign fishing vessel for fishing or related activities on the high seas unless the country issues a Flag State authorisation that the country is: (a) a party to the Fish Stocks Agreement; (b) a party to the Compliance Agreement; or (c) a party to, or has accepted the obligations of, a global, regional, or sub-regional fisheries organisation or arrangement to which the Flag State authorisation relates. (2) For the purpose of subsection (1), a notice given by the Minister in the Savali, specifying a country or a class of countries that may issue a Flag State authorisation is evidence of the matters stated in the notice. (3) A person who contravenes subsection (1) commits an offense, and is liable on conviction to a fine not exceeding 10,000 penalty units. (4) In this section, “person” means a Samoan or a company or other entity incorporated or established under the laws of Samoa.

26. Foreign fishing vessels in fisheries waters – (1) A foreign fishing vessel that is in the fishery waters: (a) must comply with any international law on navigation and on the protection and preservation of the marine environment; and (b) must not be used for fishing or for a related activity or other activity provided for in this Act, except under a licence issued under section 28(1) or under a fisheries treaty. (2) The operator of a foreign vessel that is used in contravention of subsection (1) commits a serious violation offense, and is liable on conviction to a fine not exceeding 1,000,000 penalty units.

27. Marine scientific research - (1) The Chief Executive Officer may: (a) issue a research authorisation authorising a vessel or person to undertake any marine scientific research operation on fisheries in the fishery waters; and (b) exempt that vessel or person from the requirements of any fisheries management and conservation measures specified in the research authorisation. (2) A person must, before a research authorisation is issued, submit a research plan for the purposes of marine scientific research to the Chief Executive Officer for approval. (3) The research authorisation or exemption: (a) must be in writing; and (b) is subject to any conditions imposed by the Chief Executive Officer or any other prescribed conditions. (4) The Chief Executive Officer may vary, suspend or revoke the authorisation if any condition of the research authorisation or a requirement of this Act in not complied with. (5) A person commits an offense if the person: (a) undertakes or assists in a marine scientific research operation without research authorisation under subsection (1); or (b) contravenes a condition of the research authorisation. (6) A person convicted of an offense under subsection (5) is liable to a fine not exceeding 10,000 penalty units.

Division 2 - Licensing procedures and other matters 28. Issue of licences – (1) The Minister, acting on the advice of the Chief Executive Officer: (a) may issue a licence, in the approved form, to the owner or operator of a foreign fishing vessel authorising that vessel to be used in the fishery waters forany or more of the following purposes specified in the licence – (i) fishing; (ii) related activities; (iii) exploration or exploitation of non-living marine resources; or (iv) other purposes under this Act; and (b) may issue a licence, in the approved form, to the owner or operator of a Samoan fishing vessel authorising that vessel to be used in the fishery waters for any or more of the purposes in paragraph (a); and (c) may attach any condition – (i) under section 30; or (ii) to give effect to the contents of an applicable fisheries management plan. (2) A licence is to be considered by the Minister when: (a) an application is made to the Chief Executive Officer in the approved form or by other responsible authority under an applicable multilateral access agreement; and (b) the prescribed fee or any compensation has been paid under this Act. (3) A vessel or person authorised under this section must comply with any applicable laws of Samoa and any condition of the licence or of the high seas authorisation.

29. Refusal of licences – (1) The Minister must not issue a licence under section 28 if the Chief Executive Officer advises the Minister that issuing the licence will contravene: (a) a requirement of this Act; (b) a fisheries treaty or a fisheries management agreement or fishery management plan; or (c) an international conservation or management measure binding on Samoa. (2) The Minister may, acting on the advice of the Chief Executive Officer, refuse an application for a licence on any or more of the following grounds: (a) the owner or operator is the subject of proceedings under the bankruptcy laws of any country and reasonable financial assurances have not been provided; (b) there has been a failure to satisfy a judgment or other determination for a contravention of this Act or an access agreement by the owner or operator of the vessel for which application for a licence has been made until such time as the judgment or other determination has been made; (c) the owner or operator of a vessel has contravened, or the vessel has been used to contravene conservation and management measures adopted by a regional or sub-regional fisheries management organisation to which Samoa is a party; (d) the owner or operator of a vessel has contravened, or the vessel has been used to contravene a fisheries treaty; (e) the owner or operator of a vessel has committed, or the vessel has been used to commit an offense under any other enactment; (f) if the fishing vessel for which the application is made does not have good standing on the Vessel Register maintained by the Pacific Islands Forum Fisheries Agency; (g) any previous offending history of the owner, operator or master of the vessel; (h) any other prescribed grounds.

30. Conditions for licences – (1) A licence issued under this Part is subject to: (a) any prescribed conditions; and (b) any special conditions, as may be specified under subsection (3). (2) The Minister may, by notice publish in the Savali, specify conditions additional to existing conditions of a licence. (3) The Minister may, acting on the advice of the Chief Executive Officer, impose special conditions to a licence as may be required for the proper management of fisheries, including any or more of the following conditions: (a) the type and method of fishing or related activity authorised; (b) the areas within which the fishing or related activities are authorised; (c) the target species and amount of fish authorised to be taken, including a restriction on by-catch; and (d) the times within which the fishing or related activities are authorized; (e) restrictions relating to the numbers, types, sizes, specifications or operation of fishing related equipment or vessels. (4) If it is expedient for the proper management of fisheries, the Minister may, acting on the advice of the Chief Executive Officer, vary, suspend or revoke any special conditions attached to a licence or authorisation. (5) An addition to or a variation of a condition of the licence come into force on the date the licence holder, or for a foreign fishing vessel, the licence holder or agent, has been notified in writing by the Fisheries Division.

31. Period of licences – (1) A licence is valid for a period not exceeding 12 months as specified in the licence, subject to section 34. (2) However, a licence issued pursuant to a treaty or access agreement expires upon expiry of the treaty or access agreement. (3) A licence for a vessel is not transferable to any other vessel except: (a) with the prior written permission of the Chief Executive Officer; (b) under a fishery management plan or an access agreement; or (c) as allowed by regulations.

32. Compliance with other laws by foreign vessels – (1) A licence issued under this Act does not relieve a foreign fishing vessel or its master or crew of any obligation or requirement imposed under any other enactment concerning navigation, Customs, immigration, health or any other matter. (2) The operator and each crew member of a fishing vessel or other vessel that may be used for: (a) fishing; (b) a related activity; or (c) other activity in the fishery waters provided for in this Act, whether or not it holds a licence or an authorisation, must comply with any other applicable enactment. (3) The operator of a licensed fishing vessel who is: (a) required to hold a high seas authorisation; or (b) subject to any condition imposed under Section 30, must comply with any other applicable enactment. (4) The operator and the master of a vessel that is used in contravention of this section, commit an offense and are liable on conviction to a fine not exceeding 100,000 penalty units.

33. Register of vessels and exchange of information – (1) The Chief Executive Officer must establish and maintain a register of fishing vessels licensed under section 28, setting out the following information: (a) name of fishing vessel, registration number, any previous flag, previous names (if known), and port of registry; (b) type of vessel, length (including length overall and length between the perpendiculars, beam, moulded depth, where and when built, gross register tonnage and net tonnage, power of main engine or engines and normal crew complement, including a colour photograph of vessel; (c) International Radio Call Sign and any vessel communication types and numbers (INMARSAT A, B, C and D numbers and satellite telephone number); (d) name and address of the owner and the name and nationality of the master; (e) type of fishing method or methods; (f) the nature of the high seas authorisation or Flag State authorisation to fish issued on the vessel; (g) carrying capacity, including freezer type, capacity and number and fish hold capacity; (h) any other information – (i) approved by the Chief Executive Officer to be included in the register for the purposes of this Act; or (ii) necessary to comply with any relevant measures adopted by Samoa at any regional or sub-regional fisheries management organisation. (2) The Chief Executive Officer may provide to a relevant regional or sub-regional fisheries management organisation any information on the register as the Chief Executive Officer considers necessary. (3) The information provided by the Chief Executive Officer may include any of the following information: (a) additions to the register; (b) deletions from the register; (c) the withdrawal of an authorisation to fish; (d) a vessel which is no longer entitled to fly the flag of Samoa. (4) The operator of a Samoan licensed fishing vessel which is intended to be used to fish or which undertakes fishing outside fisheries waters must provide to the Chief Executive Officer the information required in subsection (1). (5) The operator of a Samoan fishing vessel who: (a) fails to provide any information; or (b) provides any false or misleading information, required under subsection (1) commits an offense and is liable on conviction to a fine not exceeding 100 penalty units.

34. Suspension and cancellation of licences – (1) The Minister, acting on the advice of the Chief Executive Officer, may suspend or cancel a licence if the Minister is satisfied that: (a) it is necessary to do so in order to give effect to a licensing programme or conservation measure specified in, or implemented under a fishery management plan; or (b) a licensed fishing vessel has been used to contravene – (i) this Act; (ii) its licence or a condition of the licence (including the high seas authorisation); or (iii) an applicable fisheries treaty; or (c) payment has not been made and is overdue for any fees, other charges and compensation required under this Act, or for a penalty, fine or other order imposed under this Act; or (d) good standing on the Vessel Register has been withdrawn for the licensed vessel if the good standing is a condition of the licence; or (e) the Minister is required or authorised to do so under an access agreement; or (f) the holder of a licence fails to comply with the conditions of the licence or high seas authorisation or a requirement of this Act; or (g) on any other prescribed ground to suspend or cancel the licence. (2) The licence is automatically cancelled by virtue of this subsection if a material circumstance (determined by the Chief Executive Officer) of a licensed vessel changes. (3) A licence issued under a fisheries treaty is to be suspended or cancelled pursuant to the treaty. (4) Except for subsection (2), the Minister must give the operator of the licensed fishing vessel an opportunity to be heard before making a decision to suspend or cancel the licence under subsection (1). (5) If a licence has been suspended or cancelled: (a) under this section, the holder of the licence must be notified of the suspension or cancellation, in writing or in any means of communication as approved by the Chief Executive Officer, including by telex, radio, facsimile or email; or (b) on the grounds specified in subsection (1)(a), a proportion of any fees paid for the licence representing the unexpired period of that licence or the period of suspension, may, upon request, be refunded to the operator of the vessel.

35. Judicial review of decisions – A person affected and aggrieved by a decision of the Chief Executive Officer or the Minister may seek judicial review of the decision in the Supreme Court.

(1) The Chief Executive Officer must establish and maintain a registerof fishing vessels licensed under section 28, setting out the following information: (a) name of fishing vessel, registration number, any previous flag, previous names (if known), and port of registry; (b) type of vessel, length (including length overall and length between the perpendiculars, beam, moulded depth, where and when built, gross register tonnage and net tonnage, power of main engine or engines and normal crew complement, including a colour photograph of vessel; (c) International Radio Call Sign and any vessel communication types and numbers (INMARSAT A, B, C and D numbers and satellite telephone number); (d) name and address of the owner and the name and nationality of the master; (e) type of fishing method or methods; (f) the nature of the high seas authorisation or Flag State authorisation to fish issued on the vessel; (g) carrying capacity, including freezer type, capacity and number and fish hold capacity; (h) any other information - (i) approved by the Chief Executive Officer to be included in the register for the purposes of this Act; or (ii) necessary to comply with any relevant measures adopted by Samoa at any regional or sub-regional fisheries management organisation.

(2) The operator must ensure that: (a) the MTU is switched on and is operational at all times when the vessel is within – (i) the fishery waters; or (ii) any other area as may be agreed or designated by the Chief Executive Officer, and at the times prior to entry into any fishery waters or other prescribed area;