Fisheries Management Regulations 2017

(1) This regulation applies to: (a) any person carrying out commercial fishing within the exclusive economic zone of Solomon Islands; or (b) any person who uses a Solomon Islands fishing vessel for commercial fishing in areas beyond national jurisdiction. (2) A person commits an offense who: (a) engages in commercial fishing of sharks; (b) engages in shark finning; (c) possesses, stores, tranships or lands, or attempts to tranship, land, buy or sell any shark fin (including the tail) that is not naturally attached to the whole corresponding carcass; (d) possesses, uses or causes to be used a trace wire or J hook for the purpose of fishing. Maximum penalty: 500,000 penalty units or 6 months imprisonment, or both. (3) The operator of a fishing vessel must release or cause to be released any species of shark that is accidentally caught, , as soon as possible after the shark is brought alongside the vessel, and to do so in a manner that results in as little harm to the shark as possible. (4) An operator of a fishing vessel who contravenes sub-regulation (3) commits an offense. (5) In this regulation: “carcass” means all parts of the shark except for the head and viscera; and “shark finning” means the: (a) taking of a shark; (b) removing its fin or fins (whether or not including the tail); and (c) returning the remainder of the shark to the sea.

(1) A person commits an offense who: (a) retains; (b) tranships; (c) stores on a fishing vessel or on land; (d) sells or exposes for sale; or (e) buys or exports in whole or in part, any protected species of shark. (2) In this regulation, a “protected species of shark” means any shark of the following species: (a) silky (Carcharhinus falciformis); (b) oceanic whitetip (Carcharhinus longimanus); (c) whale shark (Rhincodon typus); Maximum penalty: 500,000 penalty units or 6 months imprisonment, or both.

(1) Despite regulation 22(1): (a) if a silky shark is caught accidentally within the fisheries waters, the operator of the fishing vessel must release the silky shark as soon as possible after the shark is brought alongside the vessel, and to do so in a manner that results in as little harm to the shark as possible; and (b) if a whale shark is encircled accidentally in a purse seine net of a fishing vessel, the master of the fishing vessel must: (i) ensure that all reasonable steps are taken to ensure its safe release without jeopardizing the safety of the crew; and (ii) report the incident to the relevant authority of the flag state and of the Government of Solomon Islands. (2) A report under sub-regulation (1)(b)(ii) must include: (a) the number of individual whale sharks encircled; (b) details of how and why the encirclement happened; (c) where the encirclement occurred; (d) steps taken to ensure safe release; and (e) an assessment of the life status of the whale shark on release, including whether the animal was released alive but subsequently died.

(1) The permission of the Director required under section 30 of the Act must be in writing and may be in electronic format. (2) The permission of the Director to place a fish aggregating device does not confer any exclusive right to fish in the vicinity of the device.

(1) A master of a fishing vessel used to place a fish aggregating device in fisheries waters must notify the Director within 24 hours of such placement and of the nature and location of the device. (2) A master of any fishing vessel under sub-regulation (1) who fails to notify the Director within 24 hours of placing a fish aggregating device in fisheries waters commits an offense.

(1) Each fish aggregating device deployed in the fisheries waters by a fishing vessel or by a Solomon Islands fishing vessel in areas beyond national jurisdiction must be: (a) clearly marked with the name of the owner and of the vessel from which the device was placed; (b) equipped with a radar reflector with lights that must be clearly visible at night from a distance of one nautical mile; (c) placed so that it is not in the path of any navigational shipping routes; and (d) marked or have such other equipment as the Director may require.

A person commits an offense if the person disposes of a fish aggregating device in a manner other than in accordance with the Act or as required by the Director.

A master, operator or crew of all fishing vessels except for bunker and carrier vessels must: (a) take all reasonable steps to avoid catching and to minimise the bycatches of turtles, sharks, seabirds and marine mammals; (b) release those caught in a manner that results in as little harm to the animal and mammals as possible and which provides the greatest chance of survival; and (c) record all incidents involving turtles, sharks, seabirds, and marine mammals during fishing operations and report such incidents to the Director.

A master of a fishing vessel must: (a) retain all catches on board except fish unfit for human consumption and where there is insufficient well space to accommodate all catch in the last set; (b) dispose of bycatches and discards in such a manner as the Director may determine; and (c) as required report the disposal of any discards in the appropriate form.

A master or crew of a fishing vessel must: (a) not deliberately dump or discard any gear or part thereof, except in cases of force majeure or in circumstances involving the safety of a vessel; and (b) ensure that reasonable effort is made to recover any lost or discarded gear.

A licensed purse seine vessel must not depart port for fishing without an observer on board.

A master of a fishing vessel must, when required by the Director, provide an observer full access to facilities and equipment necessary to carry out his or her duties.

An operator of a fishing vessel is liable for any casualty or personal injury to an observer or authorised officer resulting from the vessel’s operation or negligence by a crew member.

(1) A master of a fishing vessel must provide an observer, while on board the vessel, with officer level accommodation, food and medical service. (2) An operator of a fishing vessel must pay to the Director a fee to cover the observer’s: (a) full travel costs to the point of boarding and from disembarkation back to Honiara; (b) daily stipend while in transit from and back to Honiara; (c) salary while on the vessel; and (d) full insurance coverage during the entire trip.

(1) The Director must not suspend, cancel or refuse to renew a licence without giving the licensee an opportunity to be heard, unless, in the Director’s opinion, it is in the public interest to suspend a licence immediately. (2) The Director must not suspend or cancel a licence or authorisation without giving the licensee written notice setting out the reasons for the proposed suspension or cancellation. (3) Where the Director proposes to suspend a licence or authorisation, he or she must give the licensee 30 days after the service of the written notice to make representation as to why the licence or authorisation should not be suspended or cancelled.

(1) Where the Director suspends a licence without notice, he or she must: (a) immediately notify the licensee of the suspension; and (b) give the licensee an opportunity to be heard within 15 days of the date of the suspension. (2) The suspension or cancellation of a licence under this regulation is in addition to any other penalty that may be imposed under the Act or any other legislation.

(1) Under section 52 (1)(e) of the Act, a material change since the grant of a licence must include: (a) where the licensee is a company, in the registration of that company; (b) in the registration of the licensed vessel; (c) where the licensee is a company, in the ownership or beneficial ownership or control of that company since the time of licence approval; (d) in the ownership or beneficial ownership or control of the licensed vessel; (e) in the location of the port of operations of the licensed vessel; or (f) in joint venture or other arrangements required for qualification as a locally-based foreign fishing vessel. (2) In the event that a licensee proposes a material change, the licensee or the agent of the licensee must immediately notify the Director in writing, giving details of the proposed change. (3) The Director must consider a notification under sub-regulation (2) and decide whether the proposed change is such that the licence should be varied to suit the changed circumstances or be cancelled.

(1) The operator of a licensed fishing vessel must: (a) supply an mobile transceiver unit which is approved by and duly registered with the Pacific Islands Forum Fisheries Agency; and (b) have an authorised installer install and seal the approved mobile transceiver unit. (2) The mobile transceiver unit must be switched on and must be reporting normally and automatically to the Pacific Islands Forum Fisheries Vessel Monitoring System at all times while in fisheries waters and for Solomon Islands fishing vessels beyond fisheries waters. (3) The mobile transceiver unit must not be moved or removed from the agreed installed position.

(1) A licensed fishing vessel upon entry into a designated port must be inspected by an authorised officer. (2) An authorised officer must require from the licensed fishing vessel an inwards port clearance and complete the necessary documentation.

(1) Under section 68 and section 33, an authorised officer, when examining a fish or fish product at a fish product processing, storage or export facility, must: (a) specify the fisheries resources being exported; (b) specify weight of the fisheries resources being exported; (c) specify quantity of fisheries resources being exported; (d) specify measurement including size and length of targeted fish product; and (e) specify quality of fish product, (2) Following an examination under sub-regulation (1), an authorised officer must submit a completed inspection and clearance form set out in Schedule 1 to the Director.