―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.