The Director of Fisheries may cancel the licence of any foreign fishing vessel that fails to comply with these conditions.
(1) In addition to the penalties provided under these regulations, where an operator of a fishing vessel does not comply with these regulations, the Director may, in addition to the grounds under the Act, any applicable laws and regulations, suspend or cancel the license or the High Seas or Foreign Waters Permit.
(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.
(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.