These Regulations introduce a requirement for an automatic location communicator to be on board of foreign fishing vessel engaged in fishing in the fisheries waters of Tuvalu. No foreign fishing vessel shall be licensed to fish in the fisheries waters of Tuvalu unless the operator of the vessel installs, maintains and operates a registered automatic location communicator in accordance with such specifications determined by the Director of Fisheries. The automatic location communicator shall be registered at the Forum Fisheries Agency. The Regulations also concern property and handling of information gathered through the Vessel Monitoring System, i.e. the system employed by Forum Fisheries Agency member countries and coordinated by the Agency to monitor the position and activities of foreign and other fishing vessels for the purpose of effective management of fisheries.

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;

(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.