No licence shall be issued under the Act unless: (a) a foreign fishing vessel, locally-based foreign fishing vessel, or their support vessels unless such vessel is registered as a vessel in good standing on the Fishing Vessel Register, VMS Register of Fishing Vessels, FFA Regional Fishing Vessel Register and the FFA VMS Register; or (b) a local fishing vessel designated to carry the ARGOS VMS to be permitted to fish exclusively in the fisheries waters unless that vessel is registered on the Fishing Vessels Register and the VMS Register of Fishing Vessels.

(1) The Minister may make regulations for the implementation of this Act. (2) Without limiting the generality of subsection (1) the Minister may in such regulations provide for all or any of the following: (a) the licensing and management of any particular fishery; (b) the organisation and administration of Coastal Communities and the conservation and management measures that may be applied in Special Management Areas designated to such coastal communities; (c) prescribing fisheries management and conservation measures, gear standards, minimum and a maximum species sizes, closed seasons, closed areas, prohibited methods of fishing gear and schemes for limiting entry into all or any specified fisheries; (d) providing for the registration and licensing of fishing gear and other fishing appliances; (e) sport or recreational fishing in the fisheries waters and requiring the holding of licences for persons engaging in sport or recreational fishing; (f) the use of underwater breathing apparatus and under water torches for night fishing and regulating the use of spear guns and other similar devices; (g) local fishing vessels or Tonga ships to ensure that such vessels or ships do not conduct unauthorised fishing in the territorial sea or exclusive economic zone or other zone of extended fisheries jurisdiction of any foreign State, including: (i) requiring the recording and timely reporting of vessel position, catch of target and non-target species, fishing effort and other fisheries data; (ii) requiring the owners, operators, charterers, or masters of such vessels to provide copies of licences and evidence that such operations are authorised; (iii) authorising and establishing procedures for the provision of evidence to a foreign State which alleges that such a vessel has engaged in such unauthorised fishing; (iv) any other matter relating thereto; (h) the amount of fish to be harvested, and the landing, marketing and distribution of fish; (i) the transiting of foreign fishing vessels through the fisheries waters, including the manner in which fishing gear is to stowed; (j) making provision for rewards to be paid to any person providing information on the operations of foreign fishing vessels leading to a conviction for, or the compounding of an offense or the payment of an administrative penalty under this Act; (k) prescribing the form of foreign fishing licences; (l) providing for the licensing and control of fish aggregating devices and for rights to fish aggregated by such devices; (m) providing for – (i) the taking of coelenterates and shells; (ii) the setting of fishing fences; (iii) the taking of fish and invertebrates for use in aquaria or for ornamental or other recreational purposes; (n) regulating the import and export of fish or fish products; (o) prescribing standards and other measures for the safety of local fishing vessels and fisherman; (p) providing for monitoring, control and surveillance including reporting requirements and the application and use of vessel monitoring systems; (q) prescribing the requirements for research, collection, provision and dissemination of scientific data and such other information as may be required for the conservation and management of fisheries resources of the Kingdom; (r) regulating the entry into special management areas and reserve areas; (s) providing for vessel and gear marking, enhancing of Flag State control or for the implementation of Flag State rights and responsibilities; (t) providing for Port State control or powers or measures that may be exercised by the Kingdom to give effect to Port State rights and responsibilities; (u) providing for the management and control of fishing vessels of Tonga operating in areas within or beyond national jurisdiction; (v) prescribing different classes or types of licences, permits or authorisations for fishing or related activity and the type of fishing or related activity that may be conducted under such licences, permits or authorisations; (w) prescribing any other matter which is required or authorised to be prescribed; (x) prescribing conditions in relation to section 26 (1); (y) setting out the circumstances in which the readings, printouts, displays and pictures produced by a designated device may be admissible in evidence and the evidential value that can be accorded to such designated device and procedure for the production thereof.

(1) The operator of each foreign fishing vessel issued a fishing licence under this Act and such other fishing vessels or persons the Secretary may require shall; (a) comply with monitoring, control and surveillance requirements for the operation of a vessel monitoring system in respect of the vessel and ensure that any information or data which may be required to be transmitted by an automatic location communicator is transmitted continuously, accurately and effectively to the designated receiver;