Marine Resources Act

(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.

(1) The Fisheries Officer may appoint in writing any person to be an authorised observer for the purposes of this Act.

(2) Any observer authorised pursuant to an access agreement or fisheries management agreement, who is not a citizen or has not been appointed in accordance with subsection (1), shall have such rights and privileges of an observer appointed under subsection (1) and a citizen as may be required for the performance of his duties, and all provisions of this Act relating to authorised observers shall be applicable to such persons.

(1) A person on board any vessel with a valid and applicable license issued or recognised pursuant to this Act shall permit an authorised observer to board and remain on such vessel for the purposes of carrying out his duties and functions.

(2) The operator and each member of the crew of such vessel allow and assist any authorised observer to carry all his duties and functions, including to:

(a) board such vessel for scientific, compliance monitoring and other functions, at such time and place as the Fisheries Officer may require;

(b) have full access to and the use of facilities and equipment on board the vessel which the authorised observer may determine is necessary to carry out his duties, including:

(i) full access to the bridge, navigation charts, fish on board and areas which may used to hold, process, weigh and store fish;

(ii) full access to the vessel's records, including its logbooks and documentation for the purposes of records inspection and copying;

(iii) full access to fishing gear on board;

(iv) reasonable access to navigation equipment and radios;

(c) take and remove from the vessel reasonable samples for the purposes of scientific investigation, and other relevant information;

(d) take photographs of the fishing operations, including fish, fishing gear, equipment, charts and records, and remove from vessel such photographs or film as he may have taken or used on board the vessel;

(e) send or receive messages by means of the vessel's communication equipment;

(f) carry out all duties safely;

(g) disembark at such time and place as the Fisheries Officer may require or in accordance with an applicable access agreement.

(3) The operator shall provide the authorised observer, and an authorised officer forced by circumstances to stay on board the vessel for a prolonged period of time, while on board the vessel, at no expense, with food, accommodation and medical facilities equivalent to that accorded to officers.

(4) In addition to the requirements of subsection (3), the Minister may require the operator to pay in full the following costs of the authorised observer:

(a) training;

(b) travel costs to and from the vessel;

(c) such salary as may be notified by the Fisheries Officer, being the full amount of such salary;

(d) full insurance coverage.

(5) An operator of any fishing vessel with a valid licence issued under this Act shall allow and assist an authorised observer to have full access to any place within Tuvalu where fish taken in the fishery waters is unloaded or transhipped, to remove reasonable samples for scientific purposes and to gather any information relating to fisheries in the fishery waters.

(6) Any person who contravenes subsection (1), (2), (3) or (5) shall be liable upon conviction to a fine of $50,000 or imprisonment for 12 months.

(1) The master and each crew member of a fishing vessel, the driver of a vehicle and the pilot and crew of an aircraft shall immediately comply with every instruction or direction given by an authorised officer or authorised observer as appropriate, and facilitate safe boarding, entry and inspection of the vessel, vehicle or aircraft and any fishing gear, equipment, records, fish and fish products.

(2) A person commits an offense who:

(a) assaults, obstructs, resists, delays, refuses boarding to, or fails to take all reasonable measures to ensure the safety of or otherwise interferes with an authorised observer in the performance of his duties;

(b) incites or encourages any other person to assault, resist or obstruct an authorised officer or authorised observer while carrying out his powers or duties, or a person lawfully acting under the authorised officer's orders or his aid;

(c) uses threatening language or behaves in a threatening or insulting manner or uses abusive language or insulting gestures towards an authorised officer or authorised observer while in the execution of his powers of duties, or a person lawfully acting under an authorised officer's orders or his aid;

(e) fails to immediately comply with the lawful requirements of an authorised officer or observer, or including as required in subsection(3)

(f) fails to take all reasonable measures to ensure the safety of an authorised officer or authorised observer as appropriate in the performance of his duties.

(g) furnishes to an authorised officer or authorised observer any particular which to his knowledge are false or misleading in any respect;

(h) personates or falsely represents himself or herself to be an authorised officer or authorised observer or who falsely represents himself to be a person lawfully acting under an authorised officer's orders or his aid;

(i) personates or falsely represents himself to be the master or other officer of a fishing vessel;

(j) resists lawful arrest for any act prohibited by this Act;

(k) interferes with, delays or prevents by any means, the apprehension or arrest of another person having reasonable grounds to believe that such person has committed an act prohibited by this Act;

(l) is in breach of any other duty to an authorised officer or authorised observer required under this Act,

and on conviction shall be liable to a fine of $100,000 and 12 months imprisonment.

(3) For the purposes of subsection (2), a person who does not allow any authorised officer, or a person acting under his orders or in his assistance, or an authorised observer to exercise any of the powers conferred on such person by this Act shall be deemed to be obstructing that officer, person or observer.

(4) Every person who, being a master, owner, charterer, agent, or company established under the laws of Tuvalu of a fishing vessel which transports an authorised officer, inspector or observer outside the fishery waters and causes him to disembark outside the territory, or jurisdiction of Tuvalu, commits an offense and shall be jointly and severally liable on conviction to a fine of $50,000 plus all costs of repatriation including board and lodging while out of Tuvalu and direct transportation to Tuvalu.

(5) Where a person is convicted of an offense against subsection (2) or (4), the court may, in addition to any other penalty, order be banned from going or remaining on board any fishing vessel in the fishery waters for a specified period of time, not to exceed 5 years.

(6) A person who contravenes an order under subsection (5), or the master of a fishing vessel who knowingly permits a person banned under subsection (5) to go or remain on board a fishing vessel under his command, commits an offense and is liable on conviction to the fine specified in subsection (2).

An authorised officer or authorised observer, when exercising any of the powers conferred by this Act, shall on request produce identification or such other evidence as is reasonably sufficient to show he is an authorised officer or authorised observer under this Act.

(1) The operator of a fishing vessel shall: (a) not tranship at sea under any circumstances; (b) provide 72 hours notice to the Fisheries Officer of a request to tranship any or all of the fish on board and shall provide the name of the vessel, its international radio call sign, its position, the catch on board by species, the time and port where such transhipment is requested to occur and an undertaking to pay all fees required under the laws of Tuvalu; (c) only tranship at the time and port authorised by the Fisheries Officer for transhipment; and (d) submit full reports on transhipping on such forms as may be required by the Fisheries Officer or prescribed by regulation. (2) During transhipment in the fishery waters the foreign party and operator of each vessel shall comply with all applicable laws relating to protection of the environment, including without limitation, sewage holding tank requirements. (3) The operator of any fishing vessel used in the contravention of this section is liable on conviction to a fine of $250,000 and to imprisonment for 6 months.

The law generally applies to operators and persons, defined in section 2 Interpretation, as follows: "operator" means, in relation to a fishing vessel, any person who is in charge of or directs or controls a fishing vessel, or for whose direct economic or financial benefit a vessel is being used, including the master, owner and charterer, and in relation to a fish processing establishment means any person who is in charge of or directs or controls such establishment, or for whose direct economic or financial benefit the fish processing establishment is being used; "person" means any natural person or business enterprise and includes but is not limited to a corporation, partnership, cooperative, association, the Government or any subdivision thereof, and any foreign government, subdivision of such government or other competent entity established by treaty or other such agreement recognised by Tuvalu. 'Owner' is also defined in relation to a fishing vessel or a fish processing establishment to mean 'any person exercising or discharging or claiming the right or accepting the obligation to exercise or discharge any of the powers or duties of an owner whether on his own behalf or on behalf of another'.

(1) The Fisheries Officer shall notify the applicant of the decision to issue or deny a permit within a reasonable time of the date of receipt of the application.

(2) The Minister may approve the application on such terms and conditions and with such restrictions as he deems appropriate.

(3) A permit, or its renewal, may be denied where:

(a) the application is not in accordance with the requirements of the Act;

(b) the Fisheries Officer is satisfied that information required to be given or reported under this Act is false, incomplete or misleading.

(c) the owner or charterer is the subject of proceedings under the bankruptcy laws of any jurisdiction or on reasonable grounds appears unable to meet any financial obligations which could arise from fishing activities and reasonable financial assurances determined by the Minister have not been provided;

(d) the fishing vessel does not meet required safety standards;

(e) the fishing vessel or its gear does not bear the required markings;

(f) an operator of the vessel has contravened, or the vessel has been used for contravention of an access agreement, or had committed an offense against the laws of Tuvalu; or

(g) the Fisheries Officer determines that the issuance of a permit would not be in the best interests of Tuvalu.

(4) A permit shall be denied:

(a) where the application is made in respect of a foreign vessel, and such vessel does not have good standing on the Regional of Foreign Fishing Vessels maintained by the South Pacific Forum Fisheries Agency;

(b) where there has been a failure to satisfy a judgment or other final determination for breach of this Act or an access or fisheries management agreement entered into pursuant to this Act by the operator of the vessel in respect of which application for a permit has been made, until such time as the judgment or other determination is satisfied, and provided that a subsequent change in ownership of a vessel shall not affect the application of this purpose;

(c) where the Fisheries Officer determines it would be inconsistent with management measures implemented in accordance with this Act or any access agreement;

(d) where the required fees, royalties or other forms of compensation have not been paid in accordance with this Act and an applicable access agreement;

(e) where the Fisheries Officer determines that insurance requirements of this Act and the applicable access agreement are not fulfilled;

(f) Where an activity plan which may be required under section 25 has not been submitted, or where information in such plan is not full, complete or accurate to the satisfaction of the Fisheries Officer;

(g) for any other reason which may be required by Order of the Minister.

(5) No permit shall be issued authorising;

(a) fishing by foreign or domestic based vessels on, over or within one nautical mile of the edge of a coral reef that is wholly submerged at mean high tide within the fishery waters;

(b) fishing using a driftnet or other substantially similar method of catching fish;

(c) driftnet fishing activities;

(d) the holder to have any exclusive right to fish in the fishery waters;

(6) If the Fisheries Officer denies an application submitted by an applicant, he shall notify such applicant of the denial and the reasons for the refusal. The applicant may then submit a revised application taking into consideration the reasons for disapproval, or may appeal such decision to the Minister, whose decision shall be final and binding.

(1) Where the terms of a multilateral access agreement authorise an administrator or other specified authority to issue a licence for fishing in accordance with its terms in the fishery waters, or a part of the fishery waters, and a valid applicable licence has duly issued by such administrator, the vessel is deemed to be licensed under this Act and according to the terms of the access agreement and the licence.

(2) Any licence issued in accordance with subsection (1) may be suspended, revoked or terminated in accordance with the terms of the access agreement, and so far as they are not inconsistent with the access agreement, the provisions of this Act.

(1) A permit granted under this Act:

(a) in respect of vessels, shall be subject to the terms and conditions specified in subsections (2) and (3) and any applicable access agreement;

(b) may be subject to such terms, conditions and endorsements as are imposed by the Fisheries Officer or may be required by Order of the Minister;

(c) subject to subsection (5), enters into force on a date specified in it;

(d) subject to this section, remains in force until the day on which it expires in accordance with the period approved by the Minister from time to time for the class of permit to which it belongs, unless sooner cancelled, revoked or suspended in accordance with this Act;

(e) may be subject to a performance bond issued in accordance with regulations made under this Act for an amount specified in the permit; and

(f) shall be subject to the fee prescribed for that class of permit.

(2) The operator of each vessel for which a valid permit has been issued shall be subject to and ensure compliance with the following terms and conditions:

(a) the vessel shall at all times fly its national flag;

(b) the vessel shall hold a valid registration issued by the flag State and shall not be registered in any other State;

(c) The vessel shall be marked and identified in accordance with the Food and Agriculture Organisation of the United Nations (FAO) approved Standard Specifications for the Marking and Identification of Fishing Vessels and all fishing gear shall be marked with the vessel's call sign.

(d) the continuous monitoring of the international distress and calling frequency 2182khz(HF), and the international safety and calling frequency 156.8 Mhz(channel 16, VHF-FM) to facilitate communication with fisheries management surveillance and enforcement authorities;

(e) a recent and up-to-date copy of the international Code of Signals (INTERCO) is carried on board and accessible at all times;

(f) an up-to-date set of charts showing the fishery waters is carried on board and accessible at all times;

(g) such position-fixing, identification and vessel monitoring system equipment as may be required is installed, maintained and fully operational at all times as may be required;

(h) promptly upon direction by the Fisheries Officer, and in accordance with section 54, each vessel will have installed, maintained and fully operational at all times on board the vessel a transponder, and shall be responsible for all operational and maintenance costs of the transponder and cooperate fully with the Fisheries Officer in its utilisation;

(i) The vessel is seaworthy and contains adequate life safety equipment and survival gear for each passenger and member of the crew full compliance with all relevant provisions of Tuvalu law relating to navigational standards and the safety of vessel at sea;

(j) compliance reporting requirements under section 21 of the Act, and any applicable access agreement;

(k) a person who can communicate sufficiently well in English to receive instructions from an authorised officer is on board at all times the vessel is in the fishery waters;

(l) full compliance with all laws of Tuvalu, the terms and conditions of any applicable permit and any applicable access agreement; and

(m) full compliance with such other terms and conditions as may be prescribed or otherwise specified in accordance with this Act and any applicable access agreement;

and failure to comply with these conditions may result in suspension or cancellation of the permit in accordance with this Act, in addition to any penalty that may be imposed.

(3) An original copy of the permit for a vessel shall be carried on board the vessel in the wheelhouse at all times during the period of validity, and it shall be the responsibility of the master or apparent master of the vessel to produce to an authorised officer upon request, and failure to comply with this condition or any part of it on more than two occasions may result in forfeiture of the vessel in accordance with section 81, in addition to any penalty that may be imposed, provided that a faxed copy of a permit may be carried in circumstances where it has not been practical for the original to be placed on board the vessel.

(4) An original copy of the permit for any other operation under this Act shall be prominently displayed at all times during the period of validity, and shall be the responsibility of the operator of the establishment to produce it to an authorised officer on request.

(5) Notwithstanding subsection (1)(c) and (e), a licence shall not come into force unless the approved licence fee has been paid, and, where applicable, a performance bond has been issued.

(6) A person who holds a valid and applicable permit, and who:

(a) on his own account, or as the partner, agent or employee of another person engages in; or

(b) causes or allows a person acting on his behalf to engage in, or

(c) uses a vessel to engage in,

any activity which does not comply with the terms and conditions of such permit, commits an offense and shall be liable on conviction to a fine of $500,000 and to 1 year imprisonment and in addition, for serious offenses, any vessel used in the offense and all its fish, gear, equipment, stores, and other appurtenances, or any fish processing establishment involved in the offense and all equipment, stores and items and vehicles used in its operations, shall be subject to forfeiture.

If any fishing vessel or operation for which a permit has been issued pursuant to this Act has been issued pursuant to this Act has been used or involved in the commission of any act prohibited by this Act or other applicable law, an applicable access agreement, or any permit issued in accordance with this Act, or if any fee or civil penalty, criminal fine or other determination imposed under this Act has not been paid within 30 days of the due date, the Fisheries Officer shall —

(a) revoke such permit with or without prejudice to the right of any party involved to be issued a permit in any subsequent licensing period; (b) suspend such permit for a period of time he may deem appropriate; or (c) imposed additional conditions or restrictions on any such permit.

(1) The Minister may cancel or suspend a High Seas and Foreign Waters Fishing Permit where the Minister is satisfied that: (a) the vessel in respect of which the permit was granted has been used in contravention of this Act or in breach of any conditions or restrictions in the permit; (b) the vessel in respect of which the permit was granted has engaged in activities undermining the effectiveness of international conservation and management measures; and (c) such suspension or cancellation is necessary to ensure compliance by Tuvalu with its obligations under the Fish Stocks Agreement, the Western and Central Pacific Tuna Convention or any other applicable international instruments.

(2) At the same time as cancelling or suspending a permit, the Minister may also direct that the vessel in respect of which the permit was granted return immediately to port.

(3) If a permit is cancelled or suspended the Minister may, taking into account the circumstances of the case, refund the whole or part of any fee charged for the permit.

(5) The Fisheries Officer shall not issue a fishing licence in respect of any fishing vessel, if that vessel was previously authorized to be used for fishing on the high seas by a foreign State, and ... (c) The vessel is at the time of application for a fishing licence on a list of vessels maintained by a global or regional or sub-regional fisheries organization that are believed to have engaged in illegal, unreported or unregulated fishing.

(1) No person may use a Tuvalu fishing vessel for fishing or related activities:

(a) in areas under national jurisdiction of a foreign State except in accordance with the laws of that country;

(b) on the high seas except in accordance with a licence issued in accordance with this Act;

(c) in an area subject to international conservation and management measures except in accordance with those matters.

(2) Where any vessel is used in contravention of subsection 1 of this section, the operator and master of such vessel each commits an offense, and shall be liable on conviction to a fine not exceeding $250,000.

(5) The Fisheries Officer shall not issue a fishing licence in respect of any fishing vessel, if that vessel was previously authorized to be used for fishing on the high seas by a foreign State, and ... (c) The vessel is at the time of application for a fishing licence on a list of vessels maintained by a global or regional or sub-regional fisheries organization that are believed to have engaged in illegal, unreported or unregulated fishing.

(2) The operator of each vessel for which a valid permit has been issued shall be subject to and ensure compliance with the following terms and conditions ... (g) such position-fixing, identification and vessel monitoring system equipment as may be required is installed, maintained and fully operational at all times as may be required;

(1) The Fisheries Officer shall require as a condition of fishing in the fishery waters that the operator of a fishing vessel:

(a) installs on such vessel at its own expense a transponder designated by the Fisheries Officer;

(b) maintains such transponder in good working order at all times while in the fishery waters or such other area as may be agreed or designated.

(2) Any machine:

(a) aboard a vessel automatically feeding or inputting position fixing information or data into a transponder shall be judicially recognised as notoriously accurate;

(b) used in conjunction with a transponder for the purpose of ascertaining or obtaining information or data need not be judicially recognised as notoriously accurate.

(3) All information or data obtained or ascertained by the use of a transponder, shall be presumed, unless the contrary is proved, to:

(a) come from the vessel so identified;

(b) be accurately relayed or transferred; and

(c) be given by the master, owner and charterer of the fishing vessel;

and evidence may be given of information and data so obtained or ascertained whether from a printout or visual display unit.

(4) The presumption in subsection (3) shall apply whether or not the information was stored before or after any transmission or transfer.

(5) A person may give a certificate stating:

(a) his name, address and official position;

(b) he is competent to read the printout or visual display unit of any machine capable of obtaining or ascertaining information from a transponder;

(c) the date and time, the information was obtained or ascertained from the transponder and the details thereof;

(d) the name and call sign of the vessel on which the transponder is or was located as known to him or ascertained from any official register, record or other document; and

(e) a declaration that there appeared to be no malfunction in the transponder, its transmissions or other machines used in obtaining or ascertaining the information.

(6) Section 74 shall apply to a certificate given under this section as if it had been a certificate given under section 75 and any reference therein to section 74 shall be read as a reference to this section.

(7) A person who intentionally, recklessly or unintentionally destroys, damages, renders inoperative or otherwise interferes with a machine aboard a vessel which automatically feeds or inputs information or data into a transponder, or who intentionally feeds or inputs information or data into a transponder which is not officially required or is meaningless commits an offense and upon conviction shall be liable to a fine of $100,000 or imprisonment for 6 months, or both.