(2) The Minister shall ensure that the following general principles and measures are applied to the extent possible in the conservation, management and sustainable use of fisheries: (e) adoption of measures to minimise waste, discards, catch by lost or abandoned gear, pollution originating from fishing vessels, catch of non-target species, both fish and non-fish species (hereafter a nontarget species) and impacts on associated or dependent species, in particular endangered species;

(1) Any person who directly or indirectly contaminates the fishery waters in any way, including by the discharge of any substance or by any act or omission that is likely to cause damage to or deterioration in the quality of the marine resources, shall be liable on conviction to a fine of $500,000 and imprisonment for 6 months, and may be ordered to pay full compensation for the cost of any cleanup and economic loss directly caused by such contamination.

(2) For the purposes of this section, the following is presumed to be damaging:

(a) non-biodegradable trash or debris;

(b) the discharge of a poison, chemical or noxious substance, including but not limited to oil, petroleum, solvents, metals or sewage.

Any person who destroys, throws overboard, conceals or abandons any fish, fish product, fishing gear, net or other fish appliance, record, document, electric shock device, explosive, poison or other noxious substance, or any other thing with intent to avoid seizure or the detection of an offense against this Act or an applicable access agreement shall be liable upon conviction to a fine of $10,000 and to imprisonment for one year.

(1) The Minister may take measures in accordance with this Act for the conservation and management of fish in the fishery waters. Such measures shall be based on a precautionary approach consistent with national and international standards applicable in Tuvalu, and may include, inter alia: (a) protection of artisanal fisheries, after consultation with the relevant Falekaupule; (b) designating open or closed seasons for any area of the fishery waters, and any species of fish or any period of time or all times; (c) designating prohibited fishing areas for all fish or certain species of fish or certain methods of fishing; (d) prohibiting the taking of fish, from any area, that are less or greater than a specified size or dimension; (e) prohibiting or limiting the taking of fish, from any area, by a specified — (i) method, gear, equipment or instrument; (ii) class of persons; and (iii) class of vessels; (f) limiting the amount, size, or weight of fish or any species of fish which may be caught or sold; (g) prohibiting the disturbance or interference with the breeding or nesting area of any fish in a specified area during any specified period of time; (h) specifying minimum mesh sizes for fishing nets; (i) declaring that any specified area is a protected area as a: (i) marine park; (ii) marine reserve; or (iii) site of special scientific or historic interest. (2) Where the management of any fishery falls within the area of authority of a Falekaupule, in accordance with section 4(2) of the Falekaupule Act,[6] the Minister shall ensure that consultations are carried out with the appropriate Falekaupule in determining management measures under subsection (1). (3) For purposes of conservation, management and sustainable use of the fishery resources, any management measures taken pursuant to subsection (1) shall prevail over any other inconsistent measures taken by a Falekaupule in the same area. (4) Any measures, which are taken pursuant to subsection (1) shall be in writing or made by Order or promulgated in regulations, as the Minister sees fit. (5) When measures are taken pursuant to this section, reasonable opportunity for public notice of such measures shall be given as the Minister sees fit. (6) Unless otherwise provided under this Act, any person who does not comply with measures taken in accordance with this section shall be liable on conviction to a fine of $10,000 and to imprisonment for 6 months.

(1) No person may use a Tuvalu fishing vessel for fishing or related activities: (c) in an area subject to international conservation and management measures except in accordance with those matters.

(1) No person shall destroy, damage or take any part of a fish aggregating device, artificial reef, mooring buoy, float, tray or other device which belongs to another person or has been installed by the Government. (2) No person shall anchor or otherwise connect their vessel to a fish aggregating device, mooring buoy or float which belongs to another person or has been installed by the Government. (3) No person shall, within the fishery waters, engage in fishing within 150 feet of a fish aggregating device or artificial reef belonging to another person or the Government unless expressly permitted to do so.

(1) No person shall:

(a) use, permit to be used or attempt to use any:

(i) chemical, poison or noxious substance or material whether of manufactured or natural origin;

(ii) dynamite 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;

(b) carry, permit to be carried, possess or control any:

(i) chemical, poison or noxious substance or material whether of manufactured or natural origin;

(ii) dynamite or explosive substance or device, in circumstances which indicate the intention of its use for any of the purposes referred to in paragraph (a);

(c) place in the water or assist in placing in the water any:

(i) chemical, poison or noxious substance or material whether of manufactured or natural origin;

(ii) dynamite, or any explosive substance or device, for any of the purposes referred to in paragraph (a).

(2) No person shall:

(a) land, display for sale, sell, deal in, transport, receive or possess any fish or fish product taken by any means which contravenes this section;

(b) knowing or having reasonable cause to believe that any fish or fish product has been taken in contravention of this section, fail or refuse to give, on request, to any authorised officer information regarding:

(i) any activity described in subsection (1), or any support of or contribution to such activity;

(ii) the source of his supply of any fish or fish product referred to in subparagraph (a) of this subsection.

(3) For the purposes of this section, the terms "poisonous", "chemicals" and "substance" include but are not limited to hypocholorus acid or any of its salts, including bleaches commonly sold under various trade names such as Clorox and Purex, and bleaching powders, preparations containing ratenone, tephrosin or plant material from Barrington asiatica, coculus ferrandianus, hura crepitans, piscidia erythrina, tephrosia purpurea and wikstremia.

(4) Any person who contravenes subsection (1) or (2) shall be liable upon conviction:

(a) in respect of subsection (1)-(a)(i), (b)(i) and (c)(i) and subsection (2):

(i) in respect of a citizen, to a fine of $10,000 or imprisonment for 3 months;

(ii) in respect of a non-citizen or a citizen acting on behalf of a corporate entity, to a fine of $250,000 or imprisonment for 6 months;

(b) in respect of subsection (1)-(a)(ii), (b)(ii) and (c)(ii):

(i) in respect of a citizen, to a fine of $20,000 or imprisonment for 6 months;

(ii) in respect of a non-citizen or a citizen acting on behalf of a corporate entity, to a fine of $500,000 or imprisonment for up to 6 months.

(5) In any proceedings for an offense against this section, a certificate in writing, issued under section 74, stating the cause of death or injury of any fish, shall be prima facie evidence of that fact.

(6) For the purposes of this section, any explosive, poison or other noxious substance found on board any fishing vessel shall be presumed to be intended for the purposes referred to in subsection (1)(a) of this section.

(7) All fish or fish products seized under this section shall be confiscated, and the vessel or vehicle used to transport such fish or fish products may be confiscated, and disposed of in such manner as the Fisheries Officer determines.