2015 Fisheries Management Act No. 2

(1) All functions, duties and responsibilities under this Act shall be exercised in a manner consistent with the following principles - (j) fishing and rclated activities shall minimise- (i) wastes, bycatch, discards, regulatory discards, economic discards and catch by lost or abandoned gear;

(3) Any Order in subsection (2) may wholly or partially prohibit: (c) a person from having in his or her possession or charge fishing gear or equipment, including fish aggregating devices and associated electronic equipment, of a specified kind, size or quantity;

(2) Subect to any Provincial Ordinance, no person shall, for the purpose of killing, taking, stunning, stupefying or disabling fish or in any way rendering fish more easily caught - (a) usc, permit to be used or attempt to usc; (b) carry, permit to be carried, possess or control; or (c) place in the water or assist in placing in the water, any chemical, poison or noxious substance, bomb, electrical device, or material (whether of manufactured or of natural origin), dynamite or explosive substance or device.

(2) The holder of a license issued under this act shall (a) comply with the terms and conditions of the license; (b) comply with this Act, the laws of Solomon Islands, any applicable Access Agreement, and any applicable international conservation and management measure.

(1) The Director shall establish observer and port sampling programs for the purpose of collecting, recording and reporting reliable and accurate information for scientific, conservation, management and compliance purposes including - (a) the species, quantity, size, age and condition of fish taken; (b) the methods by which, the areas in which, and the depths at which, fish are taken; (c) the effects of fishing methods on fish and the environment; (d) all aspects of the operation of any vessel; (e) processing, transportation, transhipment, storage or disposal of any fish or fish products; (f) monitoring the implementation of management measures and applicable international conservation and management measures; and (g) any other matter that may assist the Director to obtain, analyse or verify information for fisheries scientific, conservation, management and compliance purposes. (2) Observers may be deployed, as may be directed by the Director in accordance with this Act, any applicable international agreement or applicable international conservation and management measures, on any vessel used for fishing, transhipment, transportation or landing of fish within and beyond the fisheries waters or any other use as may fall within the scope of this Act.

(1) No person shall engage in transhipment activities at sea, except in accordance with an authorisation as required under section 61. (2) Any person who contravenes subsection (1) commits an offense and is liable on conviction to a fine not exceeding the maximum amount described in the First Schedule or imprisonment to a term not exceeding 3 years, or to both.

(1) The operator of a fishing vessel intending to engage in, or engaging in transhipment activities shall - (a) apply for and obtain an authorisation for transhipment from the Director; (b) only tranship at the time and port or other location authorised for transhipment and on such terms and conditions as may be prescribed or as may be required by the Director; (c) not carry out any transhipment activities with a carrier vessel that does not hold a valid and applicable licence under this Act; (d) provide 48 hours prior notice of a request to tranship, or such other prior notice as may be prescribed or as may be required by the Director; (e) provide such other information as may be prescribed or as may be required by the Director; (f) comply with such procedures as may be prescribed or as may be required by the Director; (g) submit full reports on the transhipment operations, including such information as may be prescribed or as may be required by the Director, within 24 hours of the operations or such other time as may be prescribed or required; and (h) pay all fees required to be paid under this Act. (2) Any person who contravenes subsection (1)(a) to (g) commits an offense and is liable on conviction to a fine not exceeding the maximum amount described in the First Schedule.

"operator" means any person who is in charge of, responsible for the operations of, or directs or controls a vessel, including the owner, charterer, master and beneficiary of the economic or financial benefits of the vessel's operation.

"owner" means any person exercising or discharging or claiming the right or accepting the obligation to perform, exercise or discharge any of the powers or duties of an owner whether on the person's own behalf or on behalf of another, and includes a person who is the owner jointly with one or more other persons and any manager, director, secretary or pcrson in charge of any corporation which is an owner;

(3) The Minister, prior to entering into an agreement, shall ensure that- (b) the vessel, its operator, master and beneficial owner have not contravened (i) this Act; (ii) applicable international conservation and management measures; (iii) any other fisheries laws of other States, in any place during the 5-year period prior to application for the licence and, where there have been relevant judicial or administrative proceedings, have not complied with a relevant judgment or deteremination

(1) The Minister may, in accordance with this Act and any applicable Fisheries Managemcnt Plan, international agreement, national policy or national strategy, cnter into a writtcn agreement to authorise, and mpose terms and conditions for, a foreign fishing vessel to be licensed in the fisheries waters for fishing or related activities.

(1) The Minister may, in accordance with this Act and any applicable Fisheries Management Plan, international agreement, national policy or national strategy, enter into a written agreement to authorise, and impose terms and conditions for, a foreign fishing vessel to be licensed in the fisheries waters for fishing or related activities. (3) The Minister, prior to entering into an agreement, shall ensure that- (a) the terms of the agreement comply with all terms and requirements of each fisheries management agreement or arrangement approved or entered into under the authority of the Minister or to which Solomon Islands is party (b) the vessel, its operator, master and beneficial owner have not contravened (i) this Act (ii) applicable international conservation and management measures; (iii) any other fisheries laws of other States, in any place during the 5-year period prior to application for the licence and, where there have been relevant judicial or administrative proceedings, have not complied with a relevant judgement or determination.

(1) In granting or renewing licences under this Act, the Director, based on information and advice of the Fisheries Licensing Committee, shall take into account the extent to which the relevant State, operator, owner of the vessel or other relevant person or company, or the vessel, as appropriate, has – (a) complied with this Act, other relevant laws of Solomon Islands., applicable licensing terms and conditions and any Fisheries Management Plan or Access Agreement; (b) complied with requirements for seaworthiness and safety set out in section 57(1) of the Shipping Act 1998; (c) provided all required data and information and vessel attributes promptly and accurately, including through any applicable observer, port sampling and vessel monitoring system requirements; (d) complied with any applicable registration requirements, including – (i) in respect of foreign fishing vessels, having good standing on the Regional Register; (ii) in respect of vessels required to carry a mobile transceiver unit, registration on the Pacific Islands Forum Fisheries Agency vessel monitoring system register; and (iii) in the case of an operator or person, having complied with applicable international conservation and management measures, or, in the case of a State, having taken measures to ensure such compliance and not been associated with a vessel included on a IUU list. (e) complied with other applicable sub-regional, regional and international obligations, and such other standards as may be approved by the Minister; and (f) the ability to comply with this Act. (2) In this section, "vessel attributes'" include the type, construction, capacity, machinery and other attributes of a vessel, and specifications and other information in relation to its gear, equipment, aircraft and instrumentation.

(1) The Director shall not grant or renew a licence where he or she determines in relation to the Iicence, taking into account any advice and recommendations of the Fisheries Licensing Committee, that - (a) the standards set out in section 40 have not been met; (b) any allocation of at-sea vessel days made to Solomon Islands pursuant to a Fisheries Management Agreement would he exceeded; (c) the period of validity of the licence would extend beyond the next allocation of at-sea Vessel days to Solomon Islands, and would prejudice the prior rights of other vessels that may be entitled to such days under an agreement or arrangement approved by the Minister; or (d) the applicant has not- (i) complied with the terms of an existing or previous licence or any other requirement under this Act; and (ii) submitted to due process under this Act in respect of the non-compliance or satisfied any applicable judgment or determination. (2) If the information in an application for a licence or renewal of a licence is found to be false, misleading or inaccurate in any material sense, the Director may decline to grant or renew the licence. (3) A licence shall not be granted or renewed unless all fees payable under this Act arc paid at the required time. (4) the Director shall not grant or renew the licence for any foreign fishing vessel previously licensed for fishing on the high seas by a foreign State if that vessel undermined the effectiveness of applicable international conservation and management measures and (a) the foreign State suspended the previous licence, and the suspension has not expired; or (b) the foreign State, within the last 3 years preceding the application for a licence under this section, withdrew the previous licence. (5) The restriction in subsection (4) does not apply if - (a) the ownership of the vessel has changed since the vessel undermined the effectiveness of applicable international conservation and management measures; and (b) the new owner has provided evidence to the Director that, in the opinion of the Director, demonstrates that the previous owner has no further legal, beneficial or financial interest in the vessel.

(1) The Director may suspend or cancel a Licence or authorisation, in accordance with such proccdures as may be prescribed, for any of the following reasons .- (a) the holder has contravened - (i) this Act or the terms and conditions specified in the licence or authorisation:, or (ii) any applicable Fisheries Management Plan, Access Agreement, applicable international conservation and management measure; (b)the holder has not submitted to the required legal or administrative process., discharged an applicabic fine or penalty or complied with the requirements of an applicable determination; or (e) another State suspends or cancels the licence or authorisation of a Solomon Islands vessel that has been issued a licence or authorisation to fish in that State's waters; (d) there has been a change in circumstances affecting the eligibility criteria required for the licence; (e) there has been a material change since the grant of the licence under such conditions as may be prescribed or the Director may determine; (f) it is necessary to do so to ensure the sustainable use of the fisheries resource or to implement any conservation and management measures; (g) the seaworthiness and safety standard required under section 46 (I )(b) arc not met at all times; (h) information included in the application for the grant or renewal of the licence is found to be false, misleading or inaccurate; or (i) for such other reasons as may be prescribed. (2) The Director shall suspend or cancel a licence or authorisation, in accordance with such procedures as may be prescribed, where (a) this Act, or any applicable Fisheries Management Plan or Access Agreement so requires; or (b) in the case of a foreign fishing vessel, the Jicence issued by the flag State has been suspended or revoked. (3) The suspension or cancellation of any Iicence or authorisation shall be promptly communicated by the Director to the Iicence bolder by way of a written notice. (4) No person whose licence or authorisation is suspended or cancelled under subsection (1) or (2) is entitled to the refund of any fee, levy, or other charge paid in respect of the licence.

(1) The Director may establish and operate vessel monitoring systems for the purpose of monitoring the compliance of fishing vessels with this Act.

(2) The Director shall require as a condition of any licence issued for the purpose of fishing for tuna or tuna-like species, and may require for other purposes within the scope of this Act, that the operator of the licensed vessel supply, install, maintain and operate, in accordance with any specifications as may be prescribed or as may be required under an international agreement - (al a specified mobile transceiver unit:, or (b) another device that forms an integral part of a vessel monitoring system; or (e) both such items in paragraphs (a) and (b).

(3) If a mobile transceiver unit stops working, the operator of the licensed vessel on which it is installed shall immediately - (a) notify the Director that the mobile transceiver unit has stopped working; and (b) proceed to do the following: (i) commence submission of manual reports to the Director, every 4 hours, or at such intervals as the Director requires, giving the vessel's name, call sign, position (expressed in latitude and longitude to the minutes of arc), and the date and time of the report; and (ii) cause the vessel to cease fishing and travel to the nearest suitable port within Solomon Islands or such other port as is approved by the Director.

(4) An operator who fails to comply with subsection (3) or a condition required under subsection (2) commits an offense and is liable on conviction to a fine not exceeding the maximum amount described in the First Schedule: or imprisonment to a term not exceeding 2 years, or to both.

(5) Any person who, without lawful excuse, renders inoperative or otherwise interferes or tampers with a mobile transceiver unit so that it does not operate automatically or accurately or in accordance with any licence conditions commits an offense and is liable on conviction to a fine not exceeding the maximum amount described in the First Schedule or imprisonment to a term not exceeding 3 years, or to both.