1999, No. 11

AN ACT to amend the Fisheries Act 1988.
[30 June 1999]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:-

1. Short title and commencement-(1) This Act may be
cited as the Fisheries Amendment Act 1999 and shall be read
with and form part of the Fisheries Act 1988 (the “principal
Act”).
(2) This Act shall come into force on the date that it is
assented to by the Head of State.

2. Interpretation – Section 2 of the principal Act is
amended as follows -
(a) By adding the following definition:


1999, No. 11 Fisheries Amendment 15

““Aquaculture” means any activity involving or designed to
involve the cultivation or farming of fish or marine
plants”; and
(b) By adding the following additional definition: “designated port” means the port of Apia and any other port
approved by the Minister:
(c) By adding the following additional definition: ““Locally based foreign fishing vessel” means any foreign
fishing vessel based in Samoa and landing any of its
catch in Samoa”:
(d) By amending the definition of “local fishing vessel”
by deleting the figures “51%” wherever they
appear, and replacing them with “60%”;
(e) By amending the definition of “Observor” by adding
the words “by the Director” after the words “any
person authorised.”

3. Local Commercial Fishing Vessel registration and
licensing-(1) Section 5 of the principal Act is repealed and
replaced with the following:

“5. Local commercial fishing vessel registration-(1) The
Director shall maintain a register of local fishing vessels
engaged, at any time, in commercial fishing activities.
(2) Subject to subsection (3), no local fishing vessel shall
be operated in the fishery waters unless such vessel has been
registered under this section.
(3) Subsection (2) shall not apply to any local fishing
vessel used solely for sport fishing, pleasure, recreation or for
subsistence fishing.
(4) An application for registration shall be made to the
Director in the form approved from time to time by the
Director, and shall be accompanied by the prescribed fee.
(5) Upon receipt of an application the Director may cause
the vessel to be inspected.
(6) The Director may issue a certificate of registration if he
is satisfied that -



16 Fisheries Amendment 1999, No. 11

(a) The vessel is in all respects fit for fishing and
equipped with all necessary life-saving
appliances and apparatus; and
(b) Any safety certificate required under the Shipping
Act 1998 and its Regulations is current in respect
of that vessel; and
(c) The vessel and its proposed operations are otherwise
in complete compliance with the requirements of
the Shipping Act 1998 and its Regulations; and
(d) The vessel and its proposed operations are in
complete compliance with any other matters or
conditions that may be prescribed.
(7) Any change of ownership or addition or modification
to, any vessel registered under this section shall be notified in
writing to the Director by the new owner or by the owner as the
case may be, within 30 days of the change of ownership or
addition or modification and the Director may withdraw the
certificate of registration if such addition or modification results
in the vessel failing to comply with any of the requirements set
out in subsection (6).
(8) In any Court proceedings brought under this Act, the
entry in respect of a vessel in the register of local fishing
vessels, maintained by the Director under this section shall be
prima facie evidence of the owner.”

(2) The principal Act is amended by inserting section 5A
as follows:

“5A. Licensing of Local Commercial Fishing Vessels-
(1) Every local fishing vessel which is 8 meters in length or
more and which is engaged in or intends to engage in
commercial fishing activities shall be required to be licensed in
accordance with the provisions of this Act.
Provided that this requirement shall not apply to any
fishing vessel used solely for sport, pleasure, recreational or
subsistence fishing.
(2) An application for a local fishing vessel licence shall be
made in the prescribed form to the Director and shall be
accompanied by the prescribed fee.

1999, No. 11 Fisheries Amendment 17

(3) The Minister may issue a licence to any local fishing
vessel for such term and upon such conditions as are in strict
compliance with a policy approved from time to time by
Cabinet.
Provided that no licence may be issued to a vessel that is
not registered under section 5.
(4) It shall be a condition of all licences issued under this
section that at least 80% of the vessel’s crew shall be citizens of
Samoa but nothing shall prevent the Minister from requiring, at
any time, that the percentage of citizens in a vessel’s crew be
greater than 80%.
(5) An application for a local fishing vessel licence may be
refused on any of the following grounds -
(a) That the Minister has reason to believe that the
applicant will not comply with the conditions of
the licence;
(b) Where in the case of a fishery not previously
exploited the Minister believes that it would be
detrimental to the proper management of
fisheries to issue a licence to exploit that fishery;
(c) That the vessel in respect of which the application is
made does not comply with the safety require-
ments under the Shipping Act 1998 and its
Regulations, or has not obtained a safety
certificate issued pursuant to that Act or its
Regulations;
(d) Any other grounds as may be specified in this Act or
are prescribed.
(6) Where a local fishing vessel is used in contravention of
this section or any condition of an applicable licence, the owner,
master and charterer of the vessel each commit an offence and
shall be liable on conviction to a fine not exceeding 250 penalty
units or to imprisonment for a term of one year, or both.”

4. Foreign Fishing Vessel Licences – The principal Act is
amended as follows -
(a) By repealing section 8 and replacing it with the
following:


18 Fisheries Amendment 1999, No. 11

“8. Foreign fishing licences-(1) Subject to subsection (2),
no foreign fishing vessel shall enter or be used for fishing or
related activities in the fishery waters without –
(a) A valid purpose recognised under international law;
or
(b) A valid foreign fishing vessel licence issued under
this section; or
(c) A valid foreign fishing vessel licence issued under a
multilateral agreement or arrangement in
accordance with its provisions or agreement
entered into under section 6.
(2) Subsection (1) shall not apply to any foreign fishing
vessel used solely for marine scientific research and which has
authorisation under section 10.
(3) An application for a foreign fishing vessel licence shall
be made, in the prescribed form, to the Minister or, in the case
of a multilateral agreement or arrangement, such application as
may be designated by the Minister.
(4) Subject to section (1)(c), the Minister may pursuant to
a bilateral agreement or arrangement, issue a foreign fishing
licence in respect of any foreign fishing vessel authorising that
vessel to be used in areas of the fishery waters for fishing or
related activities as may be specified in the licence.
(5) Where a foreign vessel is used in contravention of
subsection (1) the master, owner and charterer commits an
offence and shall each be liable on conviction to a fine not
exceeding 1,000 penalty units or imprisonment for a term not
exceeding 2 years, or both.
(6) No licence shall be issued in respect of any foreign
fishing vessel unless -
(a) There is in force an access agreement to which
Samoa is a party to, in accordance with section
6;
(b) The vessel in respect of which the application is
made has good standing on the Regional
Register;

1999, No. 11 Fisheries Amendment 19

(c) The vessel in respect of which the application is
made has on-board the necessary equipment
(including an Automatic Location
Communicator) so as to comply with the Vessel
Monitoring System employed by Forum
Fisheries Agency and as prescribed by
Regulation under this Act; and
(d) The Minister is satisfied that the applicant had
provided sufficient financial and other
guarantees for the fulfillment of all obligations
under the Act.
(7) It shall be a condition of every licence issued under this
section that accurate information be provided to the Director on
at least a fortnightly basis, of the vessel’s catch statistics, and
the Director may from time to time determine the form to be
used, the details of the statistics required to be given and the
frequency of such reports.
(8) No foreign fishing vessel shall engage in any fishing or
related activities in the fishery waters upon the expiry of a
foreign fishing vessel licence until another licence is issued in
accordance with the provisions of this Act.
(9) Where a foreign fishing vessel is used in contravention
of subsection (7), the master, owner and charterer each commits
an offence and shall be liable on conviction to a fine not
exceeding 500 penalty units.”

(b) By inserting section 8A as follows :

“8A. Locally based foreign fishing vessel licence-(1) No
locally based foreign fishing vessel shall be used for fishing or
related activities in the fishery waters without a valid licence
issued by the Minister in respect of that vessel.
(2) The requirements for issuance of a foreign fishing
vessel licence in section 8 of this Act shall apply mutatis
mutandis to locally based foreign fishing vessel licences.
(3) An application for a locally based foreign fishing
vessel licence shall be made in the prescribed form to the
Minister.


20 Fisheries Amendment 1999, No. 11

(4) An application for a locally based foreign fishing
vessel licence may be denied on any grounds specified in this
Act or which are prescribed.
(5) The Minister shall attach such terms and conditions to
the locally based foreign fishing vessel licence as may be
prescribed, and may attach such additional terms and conditions
as he thinks fit and consistent with any policy approved from
time to time by Cabinet.
(6) It shall be a condition of every licence issued under this
section that accurate information be provided to the Director on
at least a fortnightly basis, of the vessel’s catch statistics and the
Director may from time to time determine the form to be used
the details of the statistics required to be given and the
frequency of such reports.
(7) Where a locally based foreign fishing vessel is used in
contravention of subsection (1), or any condition of the fishing
licence, the master, owner and charterer each commit an
offence, and shall each be liable on conviction to a fine not
exceeding 500 penalty units or imprisonment for a term not
exceeding for five years, or both.”

5. Appointment of agents – The principal Act is amended
by inserting section 9A as follows :

“9A. Appointment of agent-(1) The owner, charterer or
master of a foreign fishing vessel shall appoint a person as an
agent who shall be a person, not being a corporate body, who –
(i) resides within Samoa;
(ii) has the authority to receive and respond to
process and official communications or
notifications under this Act;
on behalf of the owner charterer or master of the vessel
concerned.
(2) Prior to an application for a foreign fishing vessel
licence the owner, charterer or master of a foreign fishing vessel
shall promptly notify the Minister of the appointment of a
person to be their agent.



1999, No. 11 Fisheries Amendment 21

(3) The agent shall convey to the owner, charterer, or
master of a foreign fishing vessel any official communication or
notification as may be given or required under this Act.
(4) The failure of the agent to convey to the owner charterer
or master of a foreign fishing vessel any official communication
or notification as may be required under this Act shall not
exonerate the owner, charterer, or master of a foreign fishing
vessel from contravention of any of the provisions of this Act.
(5) Where a foreign fishing vessel is issued with a valid
fishing licence under an access agreement, the agent shall
ensure that the conditions of the licence, including the
provisions of any applicable fisheries laws or regulations of
Samoa, are understood by the owner, charterer, master and the
crew of the vessel concerned.
(6) The owner, charterer, master and crew of a foreign
fishing vessel with a valid fishing licence shall not be
exonerated from any contravention of any of the provisions of
this Act or regulations, or breach of any condition of a fishing
licence by reason of their failure to understand or lack of know-
ledge of any of the conditions of the licence, or the provisions
of any applicable fisheries laws of Samoa.
(7) The agent shall ensure that every foreign fishing vessel
for which he acts as agent undertakes fishing within the fishery
waters with a valid fishing licence.
(8) Where a foreign fishing vessel continues to fish in the
fishery waters after its licence has either been cancelled or
suspended under section 12, or after its licence has expired, the
agent, owner, master and charterer commit an offence and shall
be liable on conviction to a fine not exceeding 500 penalty units
or to imprisonment for a term not exceeding to five years, or
both.
(9) The provisions of this section shall apply mutatis
mutandis to locally based foreign fishing vessels.”

6. Other Licences and Authorisations – The principal
Act is amended by inserting sections 10A, 10B, 10C and 10D as
follows:



22 Fisheries Amendment 1999, No. 11

“10A. Aquaculture operations-(1) No person shall set up
or operate any business or experimental operation involving
aquaculture without the permission in writing of the Director.
(2) The Director may specify any conditions relating to the
establishment or operation of aquaculture, including conditions
or requirements relating to -
(a) The location of the aquaculture operations;
(b) The fish or other aquatic organisms to be cultivated
or not to be cultivated;
(c) The construction of the aquaculture facilities and the
operation of those facilities;
(d) The prevention of the spread of communicable fish
diseases;
(e) The inspection of aquaculture sites;
(f) The provision of statistical, scientific and commercial
information; and
(g) The conservation, management and sustainable use
of the aquatic environment.
(3) Any person who contravenes the provisions of sub-
section (1) commits an offence and shall be liable on conviction
to a fine not exceeding 20 penalty units.

10B. Export and import of fish-(1) The Minister, on the
advice of the Director and in accordance with this section, may
prescribe the categories of fish or fish products which shall not
be exported from Samoa.
(2) The Minister may impose conditions relating to the
export of fish or fish products, and conditions that may relate to
the -
(a) Species or types of fish or fish products which
require approval from the Director before export;
(b) Quality and quantity of fish or fish products that may
be exported;
(c) Size of any fish to be exported;
(d) Inspection of fish or fish products intended for
export, whether prior to, during, or after packing;
(e) Equipment, including measuring equipment, which
shall be used; and
(f) Sanitary conditions which must be observed.

1999, No. 11 Fisheries Amendment 23

(3) The Minister may make provision for the issuance of
certificates regarding compliance with the terms and conditions
governing the export of fish.
(4) The Minister may delegate in writing to the Director
any or all of his powers to impose conditions relating to the
export of fish or fish products.
(5) No person shall import or export or attempt to import
or export, any live fish from Samoa without the permission in
writing of the Minister.
(6) Every person who contravenes this section commits an
offence and shall be liable on conviction to a fine not exceeding
50 penalty units.

10C. Fish processing establishments-(1) The Minister
may grant to any person a licence, upon such conditions as he
thinks fit and taking particular account of the potential impact
on the environment to operate a fish processing establishment
on payment of such fee as may be prescribed from time to time.
(2) Any person who operates or allows to be operated any
fish processing establishment, except under a licence granted
under this section and in accordance with the conditions of that
licence, commits an offence and shall be liable on conviction to
a fine not exceeding 50 penalty units.
(3) In this section “fish processing establishment” means
any land, premises or other place on or in which fish are
canned, dried, gutted, salted, iced, chilled, frozen or otherwise
processed for sale in or outside Samoa.

10D. Authorisation for transhipment-(1) Every foreign
fishing vessel (including Locally Based foreign fishing vessels)
licensed to fish in the fishery waters of Samoa shall only under-
take transhipment of fish with authorisation of the Director.
(2) The Director may grant authorisation for any tran-
shipment from any foreign fishing vessel in accordance with
any conditions as may be prescribed or contained in the terms
and conditions of the fishing licence.
(3) Every person authorised in accordance with this section
shall comply with all applicable fisheries laws of Samoa and
any conditions of the authorisation given.

24 Fisheries Amendment 1999, No. 11

(4) The Director may suspend the authorisation if there is a
failure to comply with the conditions of the authorisation or the
provisions of this Act.
(5) The Director may attach any additional conditions as
he thinks fit which are consistent with any conditions of the
authorisation or the provisions of this Act.
(6) Any authorisation granted pursuant to this section shall
be in writing.
(7) Transhipment may only be carried out in designated
ports.
(8) Any person who undertakes transhipment activities
without an authorisation granted by the Director under this
section or undertakes transhipment in breach of any of the
conditions of the authorisation or conditions which may be
prescribed or contained in the fishing licence or at a place other
than a designated port commits an offence and shall be liable on
conviction to a fine not exceeding 1,000 penalty units.”

7. Observors – Section 11(1) of the principal Act is
amended by inserting paragraph (aa) as follows:

“(aa) The right of an Observor to board any vessel and
accompany any vessel during fishing activities.”