Marine Resources (Amendment) Act No. 21 of 2017

(2) The Minister may, make regulations not limited to the following matters ... (g) regulating or prohibiting the landing, transshipment, packaging or processing of fish, or refueling or resupplying a vessel, including the prohibition of port access of a vessel which has been identified or reported as having been engaged in or supporting fishing activities in contravention with regional, sub-regional or global conservation measures, or where there are reasonable grounds for presuming that a vessel has been engaged in such activity ... (i) regulating or prohibiting the landing, transshipment, packaging or processing of fish, or refueling or resupplying a vessel, including the prohibition of port access of a vessel which has been identified or reported as having been engaged in or supporting fishing activities in areas under national jurisdiction in contravention of the laws of a particular country, or fishing on the high seas without an authorization to do so from its flag state or where there are reasonable grounds for presuming that a vessel has been engaged in such activity

(3) The Fisheries Officer shall refuse to grant a fishing permit: (a) If the vessel, or it operators is not in good standing; (b) If the fishing vessel does not have a permit issued by a foreign state to fish in other fishery waters; (c) If the vessel is on a list of fishing vessels maintained by a regional or sub-regional fisheries management organization of vessels that are believed to have engaged in illegal, unreported, or unregulated fishing; (d) Where it has been established that the vessel has been involved in the commission of a serious violation until such time as all outstanding sanctions imposed in respect of the violation have been complied with. (e) If there is reason to believe that the vessel has engaged in trafficking of people, drug trafficking, or has treated fish workers on board in a cruel or inhumane manner. (f) If the vessel has violated or has a potential to violate environmental laws (g) Where there is a pending investigation or civil or criminal proceedings against such vessel or operator in Tuvalu or in any country (h) If the vessel does not comply with the safety standards including compliance with relevant safety international instruments.

Amendment to Section 21 of the Marine Resources Act Reporting Requirements for Vessel

(1) Section 21 is amended by inserting a new subsection (4A) to read: “Any reporting requirements that is required of the operator under this Act or regulations or as condition of license shall be transmitted through a mode specified in the Act or regulations, or in the condition of license, or as authorised by the fisheries Officer including electronic reporting.”

(2) Section 21(5) is amended by deleting the words “not more than $10,000 or imprisonment up to 6 months, or both” and substituting “not exceeding $2,000,000”. (Original: “(5) Any person who contravenes subsection (1) or (2) upon conviction shall be fined not more that $10,000 or imprisoned up to 6 months, or both. ”)

(3) Inserting a new section 21A to read as follows:

“21A Electronic Monitoring

(1) The Fisheries Officer may require as a condition of fishing in the fishery waters that the operator of a fishing vessel installs, maintains on such vessel at its own expense an approved electronic monitoring equipment at all times during the currency of the license in accordance with: (a) the manufacturer’s specifications and operating instructions; and (b) such standards as may be required by any organization of which Tuvalu is a member; and (c) such other conditions and requirements as may be imposed by the Fishery officer.

(2) All information or data obtained or ascertained by the use of an electronic monitoring equipment, 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.

(3) An electronic monitoring equipment installed and operated in accordance with this Act, or requirements under a regulation or condition of fishing, shall be judicially recognized as notoriously accurate.

(4) The presumption in subsection (2) shall apply whether or not the information was stored before or after any transmission or transfer.

(5) Ownership of all information generated by an e-monitoring equipment required and operating under this Act is vested in Tuvalu.

(6) All information or data generated by an e-monitoring equipment be classified as confidential information, and shall be subject to such procedures as may be prescribed by regulation, or by Order of the Minister.

(7) A person who divulges information or data from e-monitoring video to any person or person not authorized to receive such information and data commits an offense and shall be liable on conviction to fine not exceeding $1,000,000

(8) The Fisheries Officer may authorize the release of information or data generated by the e-monitoring equipment for the purposes of but not limited to the following: (a) Investigation (b) Enforcement of the Act and regulations (c) Judicial or summary proceedings (d) Any other purposes as authorized by the Authority

(9) For the purpose of this section Electronic monitoring equipment means: (a) a thing used for, intended to be used for, or capable of being used for, generating, transmitting or storing data; or (b) a thing that makes, is intended to make, or is capable of making, a thing covered by paragraph (a) operational.

(10) A person who intentionally, recklessly or unintentionally destroys, damages, renders inoperative or otherwise interferes with an electronic monitoring equipment used aboard a vessel commits an offense and upon conviction shall be liable to a fine not exceeding $1,000,000.”

(2) The Minister may, make regulations not limited to the following matters ... requiring, prior to allowing port access to a foreign fishing vessel, that such vessel provides such notice as may be made by regulation made by the Minister prior to entering its port or its fishery waters for the purpose of port access, including vessel identification, any authorization to fish, information on its fishing trip and vessel monitoring systems, quantities of fish on board and such other documentation or information as may be made by regulation made by the Minister;