No person shall place a fish aggregating device in the fisheries waters except with a licence issued by the Secretary and in accordance with such conditions as he may specify.

45. Application to license a fish aggregation device An application to license a fish aggregation device shall be – (a) made in Form 10 of Schedule 1. ; and (b) accompanied by the fee specified in Schedule 2.

46. Licence for a fish aggregation device A licence for a fish aggregation device shall be issued – (a) in Form 11 of Schedule 1; and (b) payment of the fee specified in Schedule 2.

47. Application to renew a licence for a aggregation device An application to renew a licence for a fish aggregation device shall – (a) be made in Form 12 of Schedule 1; and (b) accompanied by the fee specified in Schedule 2.

48. Designated fish aggregation device (1) The Secretary may, by Notice published in a widely circulated newspaper, declare any fish aggregation device placed by the Ministry to be a designated fish aggregation device for the purpose of this regulation. (2) No person shall fish within a radius of three nautical miles from a designated fish aggregation device except with the written authorisation of the Secretary.

49. Markings and equipment of a fish aggregation device Any fish aggregation device which utilises a surface float shall be – (a) clearly marked with the name of the owner; (b) equipped with a radar reflector; and (c) equipped with white lights to be visible at night from a distance of three nautical miles.

50. Use of a fish aggregation device Unless specifically authorised by the Secretary in writing, no person, other than the person who has placed the fish aggregation device, shall attach a vessel to the fish aggregation device.

51. Compliance with other conservation and management measures Permission to use a fish aggregation device does not affect any obligation to observe applicable conservation or management measures for fisheries except where the Secretary specifies in writing that a particular measure does not apply to fish caught within three nautical miles of that device.

52. Disposal of unauthorised fish aggregation devices Any fish aggregation device placed in fisheries waters contrary to this Part shall be disposed of in such manner as the Secretary may decide.

53. Fish aggregation device Log sheet A holder of a fish aggregation device licence shall – (a) complete the FAD Fishing Log sheet, Form 3 of Schedule 13, for every fishing activity at the FAD, including the - (i) Licence Holder’s name; (ii) Location of the FAD; (iii) Date of fishing; (iv) Fishing method; (v) Number of fish by species (scientific or common name); (vi) Total weight by species; and (vii) Total fishing hours; and (b) forward all completed FAD Fishing Log sheet to the Secretary in their original and unaltered form no later than 24 hours after the completion of the day to which the log sheet relates.

(1) No person shall deliberately dump or discard any fishing gear except in an emergency or circumstances involving the safety of a vessel or its crew. (2) The vessel operator shall inform the Ministry of – (a) any fishing gear that is either discarded in the manner provided in sub-regulation (1) or accidentally lost; and (b) reasonable efforts made to recover such gear.

(1) In this regulation “marine mammal” means any member, at any stage of its life cycle, of any species of the class Mammalia including whales and dolphins. (2) No person shall fish for, harm or interfere with any marine mammal in the fisheries waters. (3) No person shall have in his possession a marine mammal, live or dead or part of a marine mammal or a product derived from a marine mammal, where the marine mammal has been killed or taken in contravention of the provisions of this regulation. (4) Where a person injures or kills a marine mammal accidentally, or finds a marine mammal that is injured or killed, he has a duty to record and report this finding to the Secretary. (5) A person who provides a report under sub-regulation (4) shall furnish such information as is required by the Secretary. (6) Notwithstanding sub-regulations (2) and (3), the Secretary may give written authorisation to fish for marine mammals in a limited manner and only in exceptional circumstances involving international scientific research which is intended to result in significant benefit for marine mammals, and will not cause harm or injury to the species. (7) Any person who has a licence to carry out the activity of whale watching shall – (a) ensure that he or any person involved shall not fish for, harm or interfere with any marine mammal in the fisheries waters; a

Any person who - (a) uses, permits to be used or attempts to use any - (i) chemical, poison or noxious substance or material whether of manufactured or natural origin; or (ii) explosive 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) carries, permits to be carried, possesses or controls any - (i) chemical, poison or noxious substance or material whether of manufactured or natural origin; or (ii) explosive or explosive substance or device, in circumstances which indicates an intention to use it for any of the purposes referred to in paragraph (a), shall be guilty of an offense and shall be liable on conviction to a fine not exceeding $100,000 or imprisonment not exceeding 2 years. (1) Any person who - (a) uses, permits to be used or attempts to use any - (i) chemical, poison or noxious substance or material whether of manufactured or natural origin; or (ii) explosive 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) carries, permits to be carried, possesses or controls any - (i) chemical, poison or noxious substance or material whether of manufactured or natural origin; or (ii) explosive or explosive substance or device, in circumstances which indicates an intention to use it for any of the purposes referred to in paragraph (a), shall be guilty of an offense and shall be liable on conviction to a fine not exceeding $100,000 or imprisonment not exceeding 2 years.(2) Any person who - (a) knowingly lands, displays for sale, sells, deals in, transport, receives or has in his possession any fish or fish product taken in contravention of subsection (1)(a); or (b) knowing or having reasonable cause to believe that any fish or fish product has been taken in contravention of subsec- tion (1)(a) fails or refuses to give, on request, to any authorised officer information regarding; (i) any activity described in subsection (1); or (ii) the source of his supply of any fish or fish product referred to in paragraph (a) of this subsection; shall be guilty of an offense and shall be liable on conviction to a fine not exceeding $100,000.(3) For the purposes of this section, a certificate signed, stamped and sealed by the Secretary or by any person authorised by him in writing as to the cause and manner of death or injury of any fish shall be accepted as prima facie evidence of the facts averred in the certificate in a court without proof of the signature of the person appearing to have signed the certificate or of his official position. (4) In any proceedings for an offense against this section, the provisions of sections 92 and 94, shall apply to a certificate issued under this subsection save that the words “section 17 (3)” shall be inserted in place of the words “section 92” in section 92 (3) and section 94 (1) and (5). (5) Any chemical, poison or noxious substance, explosive, explosive substance or device found on board any fishing vessel shall be presumed, unless the contrary is proved, to intended for the purpose referred to in subsection (1) (a). (6) All fish or fish products subject to offenses 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 Secretary shall order.

Any person who within any area of the fisheries waters, uses for fishing or has on board any fishing vessel in circumstances which indicate an intention to use for fishing in fisheries waters: (a) any net the mesh size of which does not conform to the prescribed minimum mesh size for that type of net in that area; (b) any fishing gear which does not conform to any standards prescribed for that type of fishing gear; or (c) any fishing gear which is prohibited by this Act or any regulations made under this Act, shall be guilty of an offense and shall be liable on conviction to a fine not exceeding $100,000.

Any access agreement or arrangement referred to in this section shall include a provision, in relation to a State, that such State shall assume flag state responsibility, and otherwise establish the responsibility of the foreign party or parties to ensure compliance by its vessels with the terms and conditions of the agreement, international conservation and management measures, international law and with the laws relating to fishing in the fisheries waters.