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Fishing Access and Licensing Act


Published: 1997-10-13

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Fishing Access and Licensing Act
TITLE 51 – MANAGEMENT OF MARINE RESOURCES
CHAPTER 4 - FISHING ACCESS AND LICENSING
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
FISHING ACCESS AND LICENSING ACT
Arrangement of Sections
Section Page
PART I - FOREIGN AND DOMESTIC BASED FISHING AND RELATED 3
§401. Short Title. ............................................................................................................................. 3
§402. General Requirements. ........................................................................................................ 3
§403. Access agreement required. ................................................................................................ 4
§404. Fees for licenses for foreign fishing vessels and domestic based fishing
vessels. ................................................................................................................................... 4
§405. Access Agreement; term of validity. .................................................................................. 4
§406. Access agreement; minimum terms. .................................................................................. 5
§407. Fisheries management agreements. ................................................................................... 7
§408. Implementation of multilateral access agreements, fisheries management
agreements. ........................................................................................................................... 8
§409. Transshipment. ..................................................................................................................... 9
PART II- LICENSES AND REGISTRATION 10
§410. Licenses may be required. ................................................................................................. 10
§411. Activities subject to licenses, authorization. ................................................................... 10
§412. Fishing licenses required for domestic-based and foreign fishing vessels. ............... 11
§413. License approval and issuance. ........................................................................................ 11
§414. License Denial. .................................................................................................................... 13
§415. Suspension, revocation or imposition of conditions or restrictions on a
license. .................................................................................................................................. 14
§416. Licenses - Period of Validity. ............................................................................................ 15
§417. Licensing Period. ................................................................................................................ 15
§418. Fees and charges. ................................................................................................................ 16
§419. Observation of laws. .......................................................................................................... 17
§420. Reporting requirements. ................................................................................................... 17
§421. Marine scientific research. ................................................................................................ 19
§422. Fishing plans. ...................................................................................................................... 19
§423. Mariculture and aquaculture. .......................................................................................... 21
§424. Registration of fishers and fishing vessels. .................................................................... 21
§425. Fishing or other activity without or in contravention of a license prohibited. ......... 22
TITLE 51 – MANAGEMENT OF MARINE RESOURCES
CHAPTER 4 - FISHING ACCESS AND LICENSING
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
FISHING ACCESS AND LICENSING ACT
AN ACT to govern the issuance of fishing licensing, access agreements and matters
related thereto.
Commencement: October 13, 1997
Source: P.L. 1997-60
Amended By: P.L. 2011-63
PART I - FOREIGN AND DOMESTIC BASED FISHING AND
RELATEDACTIVITIES
§401. Short Title.
This Chapter may be cited as the Fishing Access and Licensing Act. [Short titlesupplied by Commissioner during codification.]
§402. General Requirements.
(1) No person shall use a vessel for entering or remaining within the
Fishery Waters in violation of any provision of this Title, any other
law of the Republic of the Marshall Islands or an applicable access
agreement unless the vessel is entering for innocent passage or force
majeure in accordance with international law.
(2) Each foreign and domestic based fishing vessel in any place in the
fisheries waters shall be operated in such a way that the activities of
local and traditional fishermen and fishing vessels are not disrupted
or in any other way adversely affected.
(3) Where any vessel is used in the contravention of Subsection (1), the
operator of that vessel commits an offence and upon conviction shall
be fined not more than $1,000,000.
(4) Where any person contravenes Subsection (2), the operator of that
vessel commits an offence, and shall be fined not more than $500,000.[P.L. 1997-60, §56.]
§403. Access agreement required.
(1) No foreign or domestic-based fishing vessel shall be issued a license
to fish in the Fishery Waters unless an applicable access agreement is
in force, duly entered into by the Authority in accordance with this
Title. [P.L. 1997-60, §57.]
§404. Fees for licenses for foreign fishing vessels and domestic based
fishing vessels.
(1) Fees and other forms of compensation for the right to engage in
fishing within the Fishery Waters by foreign and domestic based
fishing vessels shall be established in access agreements entered into
pursuant to Section 403 of this Title.
(2) The Authority may accept all or a portion of the fee paid under an
access agreement pending rebate under such conditions as the
Authority may determine in writing or as may be prescribed by
regulation, and when the Authority is satisfied that all conditions
have been met.
(3) That portion of a fee that is subject to rebate shall be held in a
separate trust account maintained by the Authority until the
Authority determines whether the conditions have been met for
rebate. [P.L. 1997-60, §58.]
§405. Access Agreement; term of validity.
(1) The term of validity of an access agreement shall not exceed ten
years, and the length of the term shall be established taking into
account the:
(a) likely compliance with the access agreement and this Title;
(b) potential economic benefits for the Republic of the Marshall
Islands;
and such term may be renewable subject to the approval of the
Authority based on the performance of the other party based on the
above criteria and such other requirements as the Authority may
determine.
(2) Any access agreement whose validity exceeds one year shall include
provision for annual review by the Authority.
(3) Any access agreement may be terminated by the Authority,
according to its terms or upon substantial non-compliance by the
other party with any requirement of the access agreement or
this Title.
(4) Fishing under any access agreement may be suspended by the
Authority upon a determination by the Authority, based on the best
scientific information in the region, that continued fishing at current
levels would seriously threaten the fish stocks.
(5) If fishing is suspended under Subsection (4), the Authority shall
make every effort to accommodate the long-term interests of the
party to the access agreement and shall rebate proportionately any
fees paid for fishing during such suspension. [P.L. 1997-60, §59.]
§406. Access agreement; minimum terms.
All access agreements shall have the following minimum terms:
(1) The sovereign rights and exclusive fishery management authority of
the Republic of the Marshall Islands within the Fishery Waters shall
be recognized.
(2) The operator and each member of the crew shall comply with the
applicable access agreement, this Title and all other applicable laws
and regulations;
(3) The operator shall:
(a) provide an authorized observer, while on board the vessel, at
no expense, with officer level accommodation, food and
medical facilities;
(b) meet the following costs of the authorized observer:
(i) full travel costs to and from the vessel;
(ii) salary; and
(iii) full insurance coverage;
(c) display any license or license number issued for any such
vessel pursuant to this Title or any other documentation as
required by the Authority to be displayed under any access
agreement in the wheelhouse of such vessel;
(d) ensure that such position-fixing and identification equipment
as may be required by the Authority shall be installed and
maintained in working order on each vessel:
(e) ensure that the vessel is marked and identified in accordance
with the Food and Agriculture Organization of the United
Nations (FAO) approved Standard Specifications for the
Marking and Identification of Fishing Vessels;
(f) ensure the continuous monitoring of the international distress
and calling frequency 2182 kHz (HF), or the international
safety and calling frequency 156.8 MHz (channel 16, VHF-FM)
to facilitate communication with the fisheries management,
surveillance and enforcement authorities;
(g) ensure that a recent and up to date copy of the International
Code of Signals (INTERCO) is on board and accessible at all
times;
(h) ensure that the vessel is seaworthy and contains adequate life
safety equipment and survival gear for each passenger and
member of the crew;
(i) ensure that, promptly upon direction by the Authority, each
vessel will have installed, maintained and fully operational at
all times on board a vessel a transponder in accordance with
Section 511 of this Title, and shall be responsible for all
operational and maintenance costs of the transponder and
cooperate fully with the Authority in their utilization;
(4) The party to the access agreement shall:
(a) for the duration of the access agreement, appoint and maintain
an agent resident in the Republic of the Marshall Islands or
establish and maintain a company registered in accordance
with the laws of the Republic of the Marshall Islands,
authorized to receive and respond to any legal process issued
in the Republic of the Marshall Islands with respect to the
owner or operator of the vessel, and shall notify the Republic
of the Marshall Islands of the name and address of such agent,
and any communication, information, document, direction,
request or response to or from that agent or company shall be
deemed to have been sent to, or received from such owner or
operator;
(b) not exceed any allocation which may be established in any
given licensing period in accordance with this Title;
(c) ensure compliance by each fishing vessel, its operator and
crew members with the access agreement, all laws of the
Republic of the Marshall Islands and the terms of the license;
(d) ensure compliance by each fishing vessel, its operator and
crew members with sub-regional and regional conservation
and management measures for highly migratory fish stocks;
(e) apply and enforce the relevant terms of any fisheries
management agreement to which the Republic of Marshall
Islands is party.
(5) Where the party to the access agreement is an association or other
entity or person representing or otherwise acting on behalf of
members or other persons, such association or entity or person shall
be liable for the undischarged liabilities of its members or other
persons arising out of:
(a) operations in the Fishery Waters under the access
agreement; and
(b) the access agreement, including tees. [P.L. 1997-60, §60.]
§407. Fisheries management agreements.
(1) Fisheries management agreements may, at the Authority’s discretion,
include the following provisions, inter alia:
(a) authorization of a person, body or organization to perform
functions required by a multilateral access agreement,
including but not limited to the allocation, issuance and denial
of fishing licenses valid in the region or part thereof, including
the exclusive economic zone;
(b) an observer program;
(c) fisheries monitoring, control and surveillance;
(d) any other matter relating to fisheries management.[P.L. 1997-60, §61.]
§408. Implementation of multilateral access agreements, fisheries
management agreements.
(1) For the purpose of implementing a multilateral access agreement or
fisheries management agreement the Authority may in writing:
(a) exempt any fishing vessel or class of fishing vessels holding a
valid fishing license issued pursuant to a multilateral access
agreement or fisheries management agreement from any
requirement of this Title which is inconsistent with the terms
of such agreement.
(b) implement the establishment of closed areas, closed seasons
and such other management measures as may be agreed
pursuant to a fisheries management agreement;
(c) authorize officers or observers designated pursuant to a
fisheries management agreement to:
(i) enforce the provisions of this Title and any fisheries
access agreement or fisheries management agreement
on behalf of the Republic of the Marshall Islands; and
(ii) perform such duties and responsibilities as may be
required by such agreement;
(d) prescribe or otherwise require the conditions to be observed
by operators of fishing vessels exempted under paragraph (a)
of this Subsection;
(e) prescribe or otherwise require the conditions to be observed
by citizens and operators of fishing vessels registered in the
Republic of the Marshall Islands for fishing outside the
exclusive economic zone, in accordance with any access
agreement or fisheries management agreement to which the
Republic of the Marshall Islands may be party:
(3) Standing in the High Court of the Republic of the Marshall Islands
shall be afforded to any authorized officer or authorized observer
designated under a fisheries management agreement entered into
pursuant to Subsection (1)(b) or (c) of this Section to bring action
against any person or fishing vessel for any act or offense that is
actionable under the law of the Republic of the Marshall Islands is a
violation of an access agreement or fisheries management agreement
pursuant to which the officer or observer was authorized which has
occurred in the Fishery Waters or the high seas, notwithstanding the
nationality of the authorized officer or authorized observer.[P.L. 1997-60, §62.]
§409. Transshipment.
(1) The operator of a fishing vessel shall:
(a) not transship at sea under any circumstances;
(b) provide 72 hours notice to the Authority of a request to
transship 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
transshipment is requested to occur and an undertaking to pay
all fees required under the laws of the Republic of the
Marshall Islands;
(c) only transship at the time and port authorized by the Director
for transshipment; and
(d) submit full reports on transshipping on such forms as may be
required by the Authority or prescribed by regulation;
(e) not transship without a license;
(f) not transship with the presence of an authorized officer who
can confirm the sanitary condition of that transhipment;
(g) obtain certification for the products being transhipped in
accordance with this Act.
(2) During transshipment 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) Any person undertaking activities in contravention of subsections (1)
or (2) commits an offense and shall be fined not less than twenty five
thousand ($25,000), and not exceeding two hundred thousand
($200,000), to which fine may added an amount equivalent to the
current retail value of the fish or fish product in the market for which
it is destined. [P.L. 1997-60, §63.][fines increased by P.L.2011-63]
PART II- LICENSES AND REGISTRATION
§410. Licenses may be required.
(1) The Authority may require by decision of the Board or by regulation
any person or class of persons or vessel, fishing vessel or class of
fishing vessels, fish processing establishment or class of fish
processing establishments to hold a license issued by the Authority
for activities described in Section 411, in addition to the requirements
in Section 412, but shall exempt from such requirement:
(a) any fishing vessel which holds a valid and applicable license
issued pursuant to a multilateral access agreement to which
the Republic of the Marshall Islands is party and which
designates a licensing authority outside the Republic of the
Marshall Islands;
(b) any citizen engaging in subsistence fishing;
(c) any fish processing establishment processing for domestic,
personal or non-commercial use.
(2) The Director shall by written notice inform a Local Government
Council if a regulation promulgated pursuant to Subsection (1)
applies to its waters.
(3) Any person who uses a vessel or fish processing establishment for
which a license is required by the Authority under Subsection (1)
without a valid and applicable license or in contravention of its terms
or conditions, commits an offense and upon conviction shall be fined
not more than $100,000 or be imprisoned up to six months, or both.
[P.L. 1997-60, §64.][amended by P.L.2011-63 to include fish processing establishment].
§411. Activities subject to licenses, authorization.
(1) The Director may issue licenses, in accordance with this Title, for the
following activities in or associated with the Fishery Waters:
(a) fishing;
(b) transshipment, and other related activities;
(c) mariculture or aquaculture;
(d) the marketing and/or export of any fish or fish product taken
from the Fishery Waters;
(e) fish processing;
(f) sport fishing;
(g) commercial pilot fishing;
(h) marine scientific research:
(i) exploration and exploitation of nonliving marine resources.
(2) The Director may issue licenses for fishing outside the Fishery Waters
in respect of fishing vessels registered in the Republic of the Marshall
Islands, in accordance with this Title, international law and any
international convention or other instrument having legal force to
which the Republic of the Marshall Islands is party. [P.L. 1997-60, §65.]
§412. Fishing licenses required for domestic-based and foreign fishing
vessels.
(1) No person may use a domestic-based or foreign fishing vessel for
fishing in the Fishery Waters without a valid and applicable license
issued in accordance with this Title.
(2) The operator or any fishing vessel which is used in the contravention
of Subsection (1) commits an offense and upon conviction shall be
liable to a fine not exceeding $1,000,000. [P.L. 1997-60, §66.]
§413. License approval and issuance.
(1) The Authority shall be responsible for approving guidelines and/or
promulgating regulations governing the issuance of licenses or
authorizations pursuant to this Title.
(2) The Director or his designee shall be responsible for issuing all
licenses or authorizations in accordance with this Title and guidelines
issued under Subsection (1), except for licenses which may be
required by a Local Government Council unless so requested in
writing by such Council.
(3) The Director or his designee shall review each application submitted
pursuant to this Title, and may, in his discretion, solicit views from
appropriate persons in the Local Government Councils and other
stakeholders in the fisheries sector, and hold public hearings where
necessary.
(4) Applications for licenses shall be in such form as the Authority may
require or as may be prescribed, and shall specify, inter alia:
(a) the name, call sign, country of registration number, regional
register number, name and address of the operator, name of
the vessel master, bank reference number;
(b) the tonnage, capacity, gear type, processing equipment and
such other pertinent information with respect to the
characteristics of each vessel as the Authority may require;
(c) if applicable, the access agreement under which such license is
sought; and such additional information as the Authority may
require or as may be prescribed to implement and enforce the
provisions of this Title;
(d) in the case of fish processing establishments the physical
location, intended markets, the species and forms to be
processed, preservation methods and other information as
governed through Regulations.
(5) Licenses may be issued after application is made in accordance with
this Title, and the required fee is paid.
(6) The Director may attach such conditions to a license as he thinks fit,
and shall attach such terms and conditions as may be prescribed.
(7) The Authority may, by decision or regulation. require, inter alia:
(a) a form and procedures for application for a license;
(b) any conditions which may or shall be attached to a license;
(c) criteria for renewal, refusal, suspension or cancellation of a
license;
(d) fees, royalties and other forms of payment for licenses;
(e) period of validity of licenses:
(f) requirements for the transfer of licenses;
(g) offenses, fines and penalties. [P.L. 1997-60, §67.][amended by P.L.2011-63]
§414. License Denial.
(1) The Director shall notify the applicant of the decision to issue or deny
a license within a reasonable time of the dare of receipt of the
application.
(2) The Director may approve the application on such terms and
conditions and with such restrictions as he or she deems appropriate.
(3) A license, or its renewal, may be denied where:
(a) the application is not in accordance with the requirements of
this Title;
(b) the Director is satisfied that information required to be given
or reported under this title 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 Authority have not been
provided;
(d) the fishing vessel required safety standards;
(e) the fishing vessel required markings;
(f) an operator of the vessel has contravened, or the vessel has
been used for contravention of an access agreement, or has
committed an offense against the laws of the Republic of the
Marshall Islands, (g) the Director determines that the issuance
of a license would not be in the best interests of the Republic of
the Marshall Islands.
(4) A license shall be denied:
(a) where the application is made in respect of a foreign fishing
vessel, and such vessel does not have good standing on the
Regional Register 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 Title or an access or
fisheries management agreement entered into pursuant to this
Title by the operator of the vessel in respect of which
application for a license 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 provision;
(c) where the Director determines it would be inconsistent with
management measures implemented in accordance with
this Title;
(d) where the required fees, royalties or other forms of
compensation have not been paid in accordance with this Title
and an applicable access agreement;
(e) where the Director determines that insurance requirements of
this Title and/or any applicable access agreement are
not fulfilled;
(f) where the Director believes the operator is not a fit and
proper person.
(5) No license shall be issued:
(a) authorizing 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) authorizing fishing using a driftnet or other substantially
similar method of catching fish;
(c) authorizing driftnet fishing activities.
(6) If the Director denies an application submitted by an applicant, he
shall notify such applicant of the denial and the reasons therefor. The
applicant may then submit a revised application taking into
consideration the reasons for disapproval. The decision of the
Director will then be final and binding. [P.L. 1997-60, §68.][amended by P.L.2011-63]
§415. Suspension, revocation or imposition of conditions or restrictions
on a license.
If any fishing vessel for which a license has been issued pursuant to this
Title has been used in the commission of any act prohibited by this Title or
other applicable law, an applicable access agreement, or any license issued
in accordance with this Title, or if any fee or civil penalty, criminal fine or
other determination imposed under this Title has not been paid within 30
days of the due date, the Director shall:
(a) revoke such license with or without prejudice to the right of
any party involved to be issued a license for such vessel in any
subsequent licensing period;
(b) suspend such license for a period of time it may deem
appropriate; or
(c) impose additional conditions or restrictions on any such
license. [P.L. 199 7-60, §69.]
§416. Licenses - Period of Validity.
(1) Subject to Subsection (2) and unless otherwise prescribed in
accordance with this Title, every license issued or renewed under this
Title shall, unless previously terminated, revoked or suspended in
accordance with this Title, be valid for a period of one year, or such
lesser period as may be specified, and shall not extend beyond the
period of validity of an applicable charter agreement or
access agreement.
(2) A license issued or renewed under this Title shall only be valid for
the species of fish, the type of fishing gear or method of fishing, or
such other activity in accordance with this Title, as may be specified
in the license.
(3) Where a fishing vessel which is issued a license as a local fishing
vessel or a domestic based fishing vessel becomes a foreign fishing
vessel, the license shall automatically terminate.
(4) A license issued under this Title may be transferred in accordance
with such conditions as may be prescribed by regulation or otherwise
required by the Authority. [P.L. 1997-60, §70.]
§417. Licensing Period.
(1) The Authority shall establish an annual licensing period.
(2) The Authority shall determine the procedures for issuing and
renewing licenses during such licensing period. [P.L. 1997-60, §71.]
§418. Fees and charges.
(1) There shall be payable in respect of every license issued under this
Title fees, royalties or other forms of compensation, and a registration
charge may also be payable upon application.
(2) The Authority shall determine the fees, royalties or other forms of
compensation for licenses issued pursuant to this Title, and other
charges it may require in relation to license administration.
(3) In determining the level of fees, royalties or other forms of
compensation for licenses for fishing and related activities, the Board
shall take the following, inter alia, into account:
(a) the value of the fish species being sought or processed;
(b) the quantity of the species sought or processed;
(c) the efficiency of the gear;
(d) alternative uses of the fishers resources;
(e) the cost of fishery management and development;
(f) the cost of observers;
(g) the cost of inspection and audit of the fish processing
establishment;
(h) the development of the local fishery sector;
(i) the cost of fisheries research, administration and
enforcement; and
(j) the market situation and external forces.
(4) License fees may be classified, inter alia, according to the value of
species sought, and the length overall, gross tonnage, type of gear or
other method related to the harvesting potential of the vessel or
fishing gear, or in the case of fish processing establishments in
relation to the methods of processing and/or preservation.
(5) In determining the fees for marine scientific research, the Authority
shall take into account a research plan submitted by the applicant,
and the long term value of such research to the management and
development of any fishery in the exclusive economic zone.
(6) No license shall be issued pursuant to this Title unless the requisite
fees, royalties, charges and other forms of compensation have been
paid in accordance with this Title and an applicable access
agreement. [P.L. 1997-60, §72.][amended by P.L.2011-63]
§419. Observation of laws.
Any license issued or authorization given under this Title shall not exempt a
person from any legitimate requirement of a Local Government Council, or
from any other law in force in the Republic of the Marshall Islands.[P.L. 1997-60, §73.]
§420. Reporting requirements.
(1) The operator of each foreign and domestic based fishing vessel issued
a permit or which is permitted to fish pursuant to an access
agreement, and such other fishing vessels as the Authority may
require, shall make such reports which may be required by the
Authority, which shall include:
(a) at all times while the vessel is in the Fishery Waters, causing to
be maintained in the English language in ink a fishing log in a
form supplied or approved by the Authority, and shall enter
the following information relating to the activities of the vessel
on a daily basis:
(i) the gear type used;
(ii) the noon position of the vessel and, where applicable,
the set position and time or the number of hooks and
sea surface temperature;
(iii) the species of fish taken and the size and quantity of
each species by weight or number as may be specified
in the form;
(iv) the species of fish returned from the vessel to the sea,
the reason for discard, the quantity of each species by
weight or number as may be specified in the form;
(v) such other information as the Authority may require or
prescribe by regulation, or as may be required by an
applicable access agreement or fisheries management
agreement;
(b) reporting information in a format approved or supplied by the
Authority, by telex or facsimile relating to the position of, and
catch on board, the vessel at the following times:
(i) at least 24 hours prior to the estimated time of entry into
and departure from the exclusive economic zone;
(ii) each Wednesday while in the exclusive economic zone;
(iii) at least 24 hours prior to the estimated time of entry into
or departure from port; and
(iv) upon entry and departure from a closed area;
(c) ensuring that any information or data which may be required
to be transmitted by a transponder is transmitted
continuously, accurately and effectively to the designated
receiver;
(d) providing such daily information relating to high seas fishing
during the course of a fishing trip involving fishing in the
Fishery Waters as and in the form the Authority may require
pursuant to any fisheries management agreement and to give
effect to the duty in international law to cooperate in the
conservation and management of highly migratory fish stocks;
(e) certifying that information provided pursuant to
subparagraphs (a) - (c) is true, complete and accurate.
(2) The operator referred to in Subsection (1) shall provide reports
required under subparagraphs (a) and (d) and post the requisite
forms to the Authority by registered airmail within fourteen days
following the date of completion of the off-loading operation.
(3) The Authority may require, by written notice or regulation, such
other reports in respect of any vessel as may be necessary:
(a) for the conservation and management of marine resources,
including for related activities;
(b) to implement or enforce the provisions of this Title and any
access agreement or fisheries management agreement.
(4) Any person who contravenes Subsection (1) or (2) commits an offense
and upon conviction shall be fined not more than $10,000 or be
imprisoned up to six months, or both. [P.L. 1997-60, §74.]
§421. Marine scientific research.
(1) No person shall, without a license issued by the Director:
(a) undertake marine scientific research in the Fishery Waters;
(b) rake samples from the Fishery Waters for the purposes of
marine scientific research.
(2) A license for purposes described in Subsection (1) shall only be issued
to a person or persons engaged in bona fide scientific research as
demonstrated by their employment by, affiliation with or
sponsorship by a duly constituted governmental agency, an
accredited educational organization or other recognized scientific
research institution.
(3) Any person or entity undertaking marine scientific research in the
Fishery Waters shall:
(a) submit such information to the Director or his designee as may
be requested or as may be prescribed by regulation, including
a copy of all records and reports of activities of the vessel in
the Fishery Waters, and a final report including full
conclusions upon completion of the research;
(b) be accompanied by and train such observer, fisheries officer or
other person or persons the Director may assign during the
research at no expense to the Government.
(4) The harvest of any marine life from the Fishery Waters not required
for further research purposes shall be donated to the Authority for
distribution to government institutions or charitable organizations or
otherwise disposed of pursuant to the terms of the license.
(5) Any person who contravenes Subsections (1), (3) or (4) commits an
offense and upon conviction shall be fined not more than $250,000.[P.L. 1997-60, §75.]
§422. Fishing plans.
(1) The Authority may require fishing plans to be attached to the
application for a license, and shall require plans in respect of
applications for mariculture, exploratory fishing and marine scientific
research licenses, including but not limited to the information
required in Subsections (2), (3) and (4).
(2) The plan for mariculture or aquaculture shall include the following:
(a) a description of the site by reference to area, fish species and
cultivation methods;
(b) the objectives to be achieved in the plan, (c) the means by
which these objectives are to be achieved by outlining the
strategy to be followed;
(d) performance criteria or other means of evaluating the
effectiveness of the plan;
(e) an Environmental Impact Assessment of the proposed
development;
(f) evidence of consultation with all those who may be directly
affected including the Local Government Council exercising
jurisdiction over the area of the designated fishery;
(g) any applicable evidence of entitlement to the intended site,
including ownership, a lease or the agreement of any resource
owner, for the area to be used for mariculture;
(h) any applicable evidence of a license or agreement of any Local
Government Council for mariculture or aquaculture within the
area of its fishery.
(3) The plan for commercial pilot fishing shall include the following:
(a) a description of the fishery by reference to area, fish species,
fishing methods and the present state of exploitation;
(b) the objectives to be achieved in the commercial pilot fishing or
research plan;
(c) the means by which these objectives are to be achieved by
outlining the strategy to be followed;
(d) performance criteria or other means of evaluating the
effectiveness of the plan;
(e) the limitations, if any, to be applied to fishing operations;
(f) the schedule for regularly reporting its findings to
the Director.
(4) The plan for marine scientific research shall include the following:
(a) a description of the marine scientific research to be
undertaken, qualifications of each person involved and a
description of the equipment to be used;
(b) the objectives to be achieved;
(c) performance criteria or other means of evaluating the
effectiveness of the research plan;
(d) any effect the marine scientific research may have on the
waters of a Local Government Council and resources therein,
including any resources which may be taken during the course
of the research;
(e) the limitations, if any, to be applied to the scope of the
research;
(f) the schedule for regularly reporting its findings to the
Director. [P.L. 1997-60, §76.]
§423. Mariculture and aquaculture.
(1) Mariculture and aquaculture operations shall be carried out in
accordance with such conditions as may be required by the Director
or otherwise prescribed, including those relating to:
(a) the quality, control and use of water;
(b) land or marine use and siting of aquaculture or mariculture
facilities;
(c) fish species to cultivate;
(d) construction of ponds;
(e) pollution and related matters;
(f) importation of live fish;
(g) protection against poaching;
(h) dangerous chemicals. [P.L. 1997-60, §77.]
§424. Registration of fishers and fishing vessels.
(1) The Authority may, by regulation, require that any fisher or class of
fishers, or any vessel or class of vessels be registered with the
Authority.
(2) Where a regulation has been issued under Subsection (1), the Director
shall maintain a register. [P.L. 1997-60, §78.]
§425. Fishing or other activity without or in contravention of a license
prohibited.
(1) Where a person, establishment or vessel engages in fishing,
processing or any other activity described in this Chapter for which a
license is required, without a license or in contravention of any of its
terms or conditions, that person, or, in the case of a vessel, the
operator commits an offense and upon conviction shall be fined:
(a) in respect of a citizen not acting on behalf of a business
enterprise, not less than twenty thousand ($20,000) and not
more than hundred thousand ($100,000), or imprisonment up
to 3 months, or both;
(b) in respect of all others, or a person or persons acting for a
business enterprise, not less than one hundred thousand
($100,000) and not more than one million ($1,000,000), and
such person shall not be permitted to engage in fishing,
processing or any relevant activity, or if a license has been
issued it will be suspended, for a period of at least three
months from the date of conviction.
(2) Each day of a continuing violation under this Section shall be
considered a separate offense.
(3) Where an offense against this Title has been committed by any
person or board or employed on a fishing vessel, the master of the
fishing vessel shall also be guilty of the same offense and shall be
subject to applicable fines and penalties.
(4) The provisions of this Section shall not apply to a person who is
exempt from obtaining a license under this Title. [P.L. 1997-60, §79.][finesincreased by P.L.2011-63]