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Marine Resources Act


Published: 2006-08-21

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Marine Resources Act


2008 Revised Edition

CAP. 48.20




MARINE RESOURCES ACT

Marine Resources Act CAP. 48.20 Arrangement of Sections





2008 Revised Edition


Page 3



MARINE RESOURCES ACT

Arrangement of Sections
Section

PART I - PRELIMINARY 7
1 Short title................................................................................................................ 7
2 Interpretation.......................................................................................................... 7
3 Objectives of the Act ........................................................................................... 13

PART II - ADMINISTRATION AND AUTHORITY 15
4 Fisheries Management and Control Vested in Government ................................ 15
5 Authority of Minister ........................................................................................... 15
6 Authority of Fisheries Officer.............................................................................. 15

PART III - FISHERIES CONSERVATION, MANAGEMENT AND
SUSTAINABLE USE 16
7 Fisheries Conservation, Management and Sustainable Use................................. 16
8 Fishery Management Plans .................................................................................. 17
9 Conservation and Management Measures ........................................................... 19
10 Allocation of Allowable Fishing.......................................................................... 20
11 Protection of Endangered Species ....................................................................... 20
12 Records, Returns and Other Information ............................................................. 21

PART IV - PERMITS AND REGISTRATIONS 22
13 Permits Required.................................................................................................. 22
14 Permits for Local Fishing Vessels may be Required for Fishery Waters ............ 23
15 Fishing by Local Fishing Vessels on the High Seas, etc ..................................... 23
16 Application for Permit ......................................................................................... 23
17 Review of Application for Permit........................................................................ 24
18 Permit Issuance and Denial.................................................................................. 24
19 Licences issued by Administrator ........................................................................ 26
20 Terms and Conditions of Permits ........................................................................ 26

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21 Reporting Requirements for Vessel .....................................................................28
22 Suspension, Revocation, or imposition of Conditions or Restrictions on

Permit ...................................................................................................................30
23 Period of Validity of Permits ...............................................................................30
24 Fees and Charges for Permits...............................................................................30
25 Activity Plans .......................................................................................................31
26 Registration of Fishers and Fishing Vessels.........................................................33

PART V - DOMESTIC-BASED AND FOREIGN FISHING AND
RELATED ACTIVITIES 33
27 General Requirements for Foreign and Domestic-Based Fishing Vessels...........33
28 Access Agreement Required ................................................................................34
29 Access Agreement - Term of Validity .................................................................34
30 Access Agreement - Minimum Terms .................................................................34
31 Fisheries Management Agreements .....................................................................36
32 Implementation of Multilateral Access Agreements, Fisheries Management

Agreements ..........................................................................................................36
33 Transhipment........................................................................................................37
34 Marine Scientific Research ..................................................................................37

PART VI - HIGH SEAS OR FOREIGN WATERS FISHING 38
35 Requirements for Tuvalu Fishing Vessels outside the Fishery Waters ................38
36 Use of vessels of other Flags by Nationals of Tuvalu on the High Seas..............38
37 Fishing Vessel of Tuvalu in waters under the jurisdiction of other States ...........39
38 Establishment of Tuvalu High Seas or Foreign Waters Fishing Vessel

Register ................................................................................................................39
39 Grant of High Seas or Foreign Waters Fishing Vessel Register ..........................39
40 Conditions and Restrictions on High Seas or Foreign Waters Fishing

Permits..................................................................................................................39
41 Validity of a High Seas or Foreign Waters Fishing Permit..................................42
42 Cancellation and Suspension of a High Seas or Foreign Waters Fishing

Permit ...................................................................................................................42
43 Enforcement – High Seas Fisheries Inspectors ....................................................42
44 Port State Inspection and Enforcement ................................................................43

PART VII - MONITORING, CONTROL AND SURVEILLANCE 43
45 Enforcement responsibility ..................................................................................43
46 Appointment of Authorised Officers....................................................................43
47 Powers of authorised officers ...............................................................................44
48 Requirements for Seized Vessels, etc...................................................................47
49 Removal of Parts from Seized Vessels, etc ..........................................................47
50 Appointment of Authorised Observers.................................................................48
51 Duties to Authorised Observers ...........................................................................48
52 Duties to Authorised Officers and Authorised Observers ....................................49
53 Identification of Authorised Officers and Authorised Observers.........................51

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54 Transponders........................................................................................................ 51

PART VIII - ADDITIONAL REQUIREMENTS AND OFFENCES 52
55 Information to be True, Complete and Accurate ................................................. 52
56 Protection of Fishing Vessel or Gear ................................................................... 52
57 Protection of Fish Aggregating Devices, Artificial Reefs, Mooring Buoys,

etc......................................................................................................................... 53
58 Use or Possession of Prohibited Fishing Gear ..................................................... 53
59 Fishing with Poisons or Explosives ..................................................................... 53
60 Prohibition of Driftnet Fishing Activities ............................................................ 55
61 Introduction of Live Fish into Fishery Waters..................................................... 55
62 Export of Live Fish, Fish Product or other Marine Resources ............................ 55
63 Contamination of the Fishery Waters .................................................................. 55
64 Prohibition of Trade in Illegal Fish, Fish Products, or other Marine

Resources ............................................................................................................. 56
65 Application of laws of other States ...................................................................... 56

PART IX - JURISDICTION, LEGAL PROCEEDINGS AND
EVIDENCE 56
66 Jurisdiction of the Court....................................................................................... 56
67 Civil Proceedings................................................................................................. 57
68 Liability of Operator ............................................................................................ 57
69 Civil Liability of Officers of Companies ............................................................. 57
70 Adjudication Proceedings .................................................................................... 58
71 Summary Administrative Proceedings ................................................................ 58
72 Liability for non-payment of Penalties ................................................................ 60
73 Liability for Loss or Damage............................................................................... 60
74 Certificate Evidence............................................................................................. 60
75 Validity and Procedures for Certificates.............................................................. 61
76 Certificate as to the Location of a Vessel ............................................................ 61
77 Photographic Evidence ........................................................................................ 62
78 Presumptions........................................................................................................ 63
79 Burden of Proof ................................................................................................... 64
80 Destruction of Evidence....................................................................................... 64

PART X - FORFEITURE AND DISPOSITION OF SEIZED OR
CONFISCATED PROPERTY 65
81 Forfeiture of Property .......................................................................................... 65
82 Disposition of Seized or Confiscated Fish or Fish Products................................ 66
83 Disposition of Forfeited or Seized Goods............................................................ 66
84 Unlawful Removal of Item in Custody................................................................ 66
85 Liability for Property in Custody......................................................................... 67
86 Release of Seized Goods...................................................................................... 67
87 Holding of Seized Goods ..................................................................................... 68
88 Application of Bond, etc ...................................................................................... 68

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PART XI - GENERAL 69
89 Subsequent Offences ............................................................................................69
90 Banning Order ......................................................................................................69
91 Continuing Violations ..........................................................................................69
92 Release and Imprisonment under Multilateral Access Agreement ......................69
93 Rewards................................................................................................................70
94 Immunities............................................................................................................70
95 Confidentiality of Information .............................................................................70
96 Regulations...........................................................................................................71
97 Severability ..........................................................................................................73
98 Repeal and Savings ..............................................................................................73

Supporting Documents

ENDNOTES 74

Marine Resources Act CAP. 48.20 Section 1





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MARINE RESOURCES ACT

AN ACT TO MAKE PROVISIONS FOR THE PROMOTION AND
REGULATION TO ENSURE THE LONG-TERM CONSERVATION AND
SUSTAINABLE USE OF THE LIVING MARINE RESOURCES FOR THE

BENEFIT OF THE PEOPLE OF TUVALU, AND CONNECTED
PURPOSES1

Commencement [21st August 2006]

PART I - PRELIMINARY

1 Short title
This Act may be cited as the Marine Resources Act.

2 Interpretation
In this Act, unless the context otherwise requires:

“access agreement” means any agreement entered into by the Government in
accordance with this Act, permitting access by foreign or domestic-based
fishing vessels to the fishery waters for fishing, and includes bilateral and
multilateral instruments applicable at the national, sub-regional, regional or
international level;

“this Act” includes any regulations, orders, declarations or other instruments
having the force of law made under the authority of this Act;

“administrator” means the Fisheries Officer of a regional fisheries agency or
any other organisation or person authorised to administer an access agreement
or fisheries management agreement, including inter alia to issue licenses;

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“agent” means any person appointed or designated by a foreign fishing
company or other entity or person to act as its legal representative within
Tuvalu in relation to matters falling directly or indirectly within this Act,
including for purposes of acceptance of and response to legal process;

“aircraft” means any craft capable of self-sustained movement through the
atmosphere and includes helicopters;

“atoll” means a naturally formed coral reef system forming a geographic and
ecologic unit which is crowned by at least one island;

“authorised observer” means any person authorised pursuant to section 50 to
act as an observer for the purposes of this Act, and includes any observer
authorised pursuant to the provisions of an access agreement or a fisheries
management agreement;

“authorised officer” means the Fisheries Officer, licensing officer, police
officer or officer as defined in the Customs Act, the master of any
Government vessel and any other person appointed in accordance with section
46 or as may be appointed in accordance with any access agreement or
fisheries management agreement to be an authorised officer for the purposes
of this Act;

“aquaculture” means the cultivation, propagation or farming of fish, whether
from eggs, spawn, spat or seed, including rearing fish lawfully taken from the
wild or lawfully imported into the country, or by other similar process;

“artisanal fishing” means fishing by indigenous inhabitants of Tuvalu in
fisheries waters where they are entitled by custom or law to fish, where:
(1) the fish are taken in a manner that, as regards the vessel, the equipment

and the method used, is in accordance with their customary traditions or
is small-scale and individually operated; and

(2) the fish are taken for household consumption, barter, or domestic
market trade;

“buy” includes, barter or attempt to barter; purchase or attempt to purchase;
receive on account or consignment; purchase or barter for future goods or for
any consideration of value; purchase or barter as an agent for another person;
and

“buyer” shall have a corresponding meaning;

“citizen” means a person who is a citizen or legal resident of Tuvalu, and a
non-citizen” shall have a corresponding meaning;

“commercial fishing” means any fishing resulting or intending or appearing
to result in selling or trading any fish which may be taken during the fishing
operation, and does not include artisanal fishing;

“closed season” means a period of time during which fishing is prohibited;

Marine Resources Act CAP. 48.20 Section 2





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“commercial pilot fishing” means any fishing for the purpose of testing the
commercial viability of new fishing methods; developing new stocks of fish;
or fishing in previously unexploited areas;

“commission” means a commission established by treaty for the conservation
and management of highly migratory fish stocks in the Western and Central
Pacific Ocean;

“court” means the Senior Magistrate’s Court or the High Court;

“driftnet” means a gillnet or other net or arrangement of nets which is more
than 2.5 kilometres in length the purpose of which is to enmesh, entrap or
entangle fish;

“driftnet fishing activities” includes fishing with the use of a driftnet and any
related activities including transporting, transhipping and processing any
driftnet catch, and provisioning of food, fuel and other supplies for vessels
used or outfitted for driftnet fishing;

“domestic – based fishing” means using land-based facilities in Tuvalu to
support fishing, including location of the home port of a vessel in Tuvalu,
landing or transhipping all fish harvested within the fishery waters and/or
operating under a joint venture arrangement in Tuvalu, or under arrangements
where the operator of a vessel is participating in shore based developments or
is otherwise making a substantial contribution to the development of the
domestic tuna industry, and does not include commercial pilot fishing or
marine scientific research;

“exclusive economic zone” means the exclusive economic zone as defined in
the Marine Zones (Declaration) Act;2

“FAD” means fish aggregating device, and includes any floating object,
whether anchored or drifting, used for the purpose of aggregating fish;

“Falekaupule” has the same meaning as it does in the Falekaupule Act;3

“fish” means any marine or aquatic animal or plant, whether piscine or not,
and includes shell fish, crustaceans, sponges, holothurians (beche-de-mer), sea
urchins and turtles and their eggs;

“fish processing establishment” means any premises, land, vessel or other
place on or in which fish are processed for sale outside Tuvalu, but does not
include fish processing on any vessel from which such fish are caught;

“fish product” means any product of fish processing;

“fishery” or “fisheries” means one of more stock of fish or any fishing
operation based on such stocks which can be treated as a unit for purposes of
conservation and management, taking into account geographical, scientific,
technical, recreational, economic and other relevant characteristics;

“fishery waters” means the exclusive economic zone, contiguous zone,
territorial sea, internal waters as described in the Marine Zones (Declaration)

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Act4, and all other waters over which Tuvalu exercises jurisdiction or
sovereign rights, and includes lagoons and inland waters, and any such waters
proclaimed as “fishery limits5”;

“fisheries officer” the Director of Fisheries who is an officer appointed under
section 5(4).

“fishing” means —
(i) searching for, catching, taking or harvesting fish;
(ii) attempting to search for, catch, take or harvest fish;
(iii) engaging in any other activity which can reasonably be expected to

result in the locating, catching, taking or harvesting of fish;
(iv) placing, searching for or recovering fish aggregating devices or

associated electronic equipment such as radio beacons;
(v) any operation at sea directly in support of or in preparation for any

activity described in sub-paragraphs (i) to (iv);
(vi) use of any other vessel, vehicle aircraft or hovercraft, for any activity

described in sub-paragraphs (i) to (iv) except for emergencies involving
the health and safety of the crew or the safety of a vessel.

“fishing gear” means any equipment, implement, or other thing that can be
used in the act of fishing, including any fishing net, rope, line, float,
trap, hook, winch, boat, beacon or locating device, FAD or aircraft;

“fishing vessel” means any vessel, boat, ship or other craft which is used for,
equipped to be used for or of a type that is normally used for fishing,
including support ships, carrier vessels and any other vessel directly involved
in such fishing operations;

“foreign fishing” means any fishing using a foreign fishing vessel;

“foreign fishing vessel” means any fishing vessel that is not a local fishing
vessel or domestic based fishing vessel;

“foreign waters fishing” means fishing in waters under jurisdiction of other
States.

“government” means the Government of Tuvalu;

“high seas” means an area of the seas beyond the national jurisdiction
of Tuvalu;

“high seas fishing” means fishing on the high seas;

“international conservation and management measures” means
conservation and management measures adopted by a regional fisheries
management organisation Tuvalu is a member;

“licence” means a permit;

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“licensing officer” means a licensing officer appointed under section 5 and
includes the Fisheries Officer;

“local fishing vessel” means any fishing vessel —
(i) wholly owned by one or more persons resident and domiciled in

Tuvalu;
(ii) wholly owned and controlled by the Government;
(iii) wholly owned and controlled by any company or fisheries cooperative

society incorporated or registered under the laws of Tuvalu and having
its principal place of business in Tuvalu, and which is wholly owned
and controlled by one or more of the entities or persons described in
paragraphs (i) or (ii) of this subsection;

(iv) any combination of persons or entities described in sub paragraphs (i) -
(iii); and registered under the laws of Tuvalu as may be required;

“master”, in relation to any fishing vessel, means the person in charge or
apparently in charge of that vessel;

“Minister” means the Minister of the Government of Tuvalu responsible for
natural resources and fisheries;

“operator” means, in relation to a fishing vessel, any person who is in charge
of or directs or controls a fishing vessel, or for whose direct economic or
financial benefit a vessel is being used, including the master, owner and
charterer, and in relation to a fish processing establishment means any person
who is in charge of or directs or controls such establishment, or for whose
direct economic or financial benefit the fish processing establishment is being
used;

“owner” in relation to a fishing vessel or a fish processing establishment
means any person exercising or discharging or claiming the right or accepting
the obligation to exercise or discharge any of the powers or duties of an owner
whether on his own behalf or on behalf of another;

“permit” means any permit or license issued in accordance with this Act, and
includes any terms and conditions attached thereto;

“person” means any natural person or business enterprise and includes but is
not limited to a corporation, partnership, cooperative, association, the
Government or any subdivision thereof, and any foreign government,
subdivision of such government or other competent entity established by
treaty or other such agreement recognised by Tuvalu;

“processing”, in relation to fish, means the producing of any substance or
article from fish by any method and includes the cutting up, dismembering,
cleaning, sorting, loining, freezing, canning, salting, preserving and reduction
of fish.

“region” means that area of land and ocean which –

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(1) falls substantially within the jurisdiction and under the sovereign rights
of the member countries of the South Pacific Forum Fisheries Agency,
located in Honiara, Solomon Islands and includes high seas areas
within such area;

(2) for the purposes of, inter alia, fisheries management and data
collection, also means that area of the Western and Central Pacific
Ocean which falls within the jurisdiction and sovereign rights of the
member countries of the South Pacific Commission, located in
Noumea, New Caledonia; and

(3) for the purposes of any access agreement or fisheries management
agreement, such region as may be defined in the relevant legal
instrument;

and “regional” shall have a corresponding meaning;

“regional access licence” means a fishing or other licence issued to any
fishing vessel of a Party to a multilateral access agreement or fisheries
management agreement, in accordance with such agreement;

“regulation” means any regulation which may be promulgated pursuant to
this Act;

“related activities” in relation to fishing means: refuelling or supplying
fishing boats, selling or supplying fishing equipment or performing other
activities in support of fishing; on-shore storing, buying or processing fish or
fish products from the time they are first landed; or storing, buying,
transhipping, processing or transporting fish or fish products taken from the
fishery waters up to the time such fish or fish products are first landed;

“sell” includes exchanging any fish or fish product or other thing for cash or
for anything which has value or which can be exchanged for cash, and
bartering, and “sale” and “sold” have a corresponding meaning;

“subsistence fishing” means fishing by a person resident and domiciled in
Tuvalu substantially for personal consumption, and does not include any
fishing resulting or intending or appearing to result, directly or indirectly, in
selling or trading any fish which may be taken during the fishing operations;

“territorial sea” means that part of the sea adjacent to the coast of any island
of Tuvalu which is within the 12 nautical miles measured from the baseline;

“transhipment” means the unloading of all or any of the fish on board a
vessel either onto another vessel or ashore, and “tranship” shall have a
corresponding meaning;

“transponder” means any device or machine placed on a fishing vessel or
other vessel, which is designed to transmit, whether in conjunction with other
machine or machines elsewhere or not, information or data concerning the
position, fishing and other activities of the vessel as may be required, and
shall include any automatic location communicator;

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“Tuvalu vessel” is a fishing vessel used or equipped to be used for fishing or
transhipment, which has been duly registered under the laws of Tuvalu and
which flies the flag of Tuvalu;

“United Nations Agreement” means the Agreement for the Implementation
of the Provisions of the United Nations Convention on the Law of the Sea of
10 December 1992 Relating to the Conservation and Management of
Straddling Fish Stocks and Highly Migratory Fish Stocks;

“United Nations Fish Stocks Agreement” means the 1995 Agreement for
the Implementation of the Provisions of the United Nations Convention on the
Law of the Sea of 10 December 1982 relating to the Convention and
Management of Straddling Fish Stocks and Highly Migratory Fish Stocks;

“United Nations Convention” means the United Nations Convention on the
Law of the Sea, 1982;

“vehicle” means any car, truck, van, bus, trailer or other land conveyance;

“vessel” means any boat, ship, canoe or other water going craft;

“Western and Central Pacific Tuna Convention” means the convention on
the Conservation and Management of Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean, signed in Honolulu in September 2000.

3 Objectives of the Act
(1) The principal objective of the Act is to ensure the long-term conservation and

sustainable use of the living marine resources for the benefit of the people of
Tuvalu.

(2) In pursuance of this objective, the Minister has the authority for the
conservation, management, development and sustainable use of the living
resources in the exclusive economic zone in accordance with this Act.

(3) The Minister shall take into account the following principles and measures for
the conservation, management and development of fisheries in the fisheries
waters of Tuvalu:
(a) adopt measures which ensure long-term sustainability of fish stocks and

promote the objective of the optimum utilisation;
(b) ensure that such measures are based on the best scientific evidence

available and are designed to maintain or restore stocks at levels
capable of producing maximum sustainable yield, as qualified by
relevant environmental and economic factors, and taking into account
fishing patterns, the interdependence of stocks and any generally
recommended international minimum standards, whether subregional,
regional or global;

(c) adopt strategies to ensure that aquaculture development is ecologically
sustainable;

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(d) apply the precautionary approach in accordance with relevant
internationally agreed standards and recommended practices and
procedures;

(e) assess the impacts of fishing, other than human activities and
environmental factors on target stocks, and non-target species, and
species belonging to the same ecosystem or dependent upon or
associated with the target stocks;

(f) assess the impacts of aquaculture on marine ecosystems and other uses
of marine resources;

(g) minimise waste, discards, catch by lost or abandoned gear, pollution
originating from fishing vessels, catch of non-target species and
impacts on associated or dependent species, in particular endangered
species, and promote the development and use of selective,
environmentally safe and cost-effective fishing gear and techniques;

(h) minimise pollution from aquaculture;
(i) conserve marine ecosystems, including protecting biodiversity in the

marine environment;
(j) prevent or eliminate over-fishing and excess fishing capacity and to

ensure that levels of fishing effort do not exceed those commensurate
with the sustainable use of fishery resources;

(k) collect and share, in a timely manner, as may be required in accordance
with this Act and regional or international obligations accepted by the
Government, data concerning fishing activities on, inter alia, vessel
position, catch of target species and fishing effort, as well as
information from national and international research programmes;

(l) maintain and build upon traditional forms of sustainable fisheries
management;

(m) take into account the interests of artisanal and subsistence fishers,
including ensuring their participation in the management of fisheries of
artisanal and subsistence fishers, including ensuring their participation
in the management of fisheries of local interest and of aquaculture;

(n) ensure that the distribution of access to the benefits from marine
resources among Tuvaluans is based;

(o) implement and enforce conservation and management measures to the
extent possible through effective monitoring, control and surveillance.

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PART II - ADMINISTRATION AND AUTHORITY

4 Fisheries Management and Control Vested in Government
Exclusive management and control over fish, fisheries, and other aquatic resources
within the fishery waters are vested in the Government.

5 Authority of Minister
(1) The Minister shall have the requisite authority and responsibility in relation to

this law for fisheries conservation, management and sustainable use in Tuvalu
and the fishery waters, and for the preparation and implementation of such
additional policy and legislation as he sees fit.

(2) The Minister may take such measures as he sees fit to ensure, through
effective management, the long-term conservation and sustainable use of
fisheries resources, for the full benefit of Tuvalu.

(3) The Minister may enter into an agreement with any person or government, or
agency of any government or international agency or competent organisation
for any purpose of this Act.

(4) The Minister may appoint in writing a Fisheries Officer and such other
officials to discharge fisheries related functions, including enforcement
officers, as he may consider necessary for carrying out the purposes and
provisions of this Act.

(5) The Minister shall consider any appeal from a decision by the Fisheries
Officer to refuse, cancel or suspend a license, and upon review in accordance
with section 18, may grant, refuse, cancel or suspend such license, and attach
any conditions he deems fit.

(6) The Minister may declare any vessel, or class of vessels, to be domestic-based
in accordance with this Act.

(7) The Minister may delegate, in writing, the exercise of any or all powers and
functions conferred upon him by this Act to such official or officials as he
deems fit, except as may be otherwise provided in this Act.

6 Authority of Fisheries Officer
(1) The Fisheries Officer shall perform such duties as may be required in

accordance with this Act, and shall have authority to:
(a) determine the allowable level of fishing, subject to the approval of the

Minister;
(b) approve and issue permits in accordance with this Act and any fisheries

access agreement;

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(c) issue written authorisations in accordance with this Act;
(d) appoint authorised observers;
(e) appoint authorised officers.

(2) The Fisheries Officer may delegate, in writing, any of his powers and
authority to such official as may be approved by the Minister.

PART III - FISHERIES CONSERVATION, MANAGEMENT AND
SUSTAINABLE USE

7 Fisheries Conservation, Management and Sustainable Use
(1) The Minister shall, in exercising his authority and responsibilities under this

Act, ensure that:
(a) management measures are adopted which promote the objective of

optimum utilisation;
(b) such management measures are based on the best scientific evidence

available and designed to maintain or restore stocks at levels capable of
producing maximum sustainable yield, as qualified by relevant
environmental and economic factors, and taking into account fishing
patterns, the interdependence of stocks and generally recommended
international minimum standards;

(c) principles and measures for fisheries conservation and management are
applied in accordance with standards set by this Act, criteria in the
United Nations Agreement or any other access agreement or fisheries
management agreement to the extent possible;

(d) there is effective cooperation with coastal States, fishing States and
entities, and competent organisations to conserve and manage highly
migratory fish stocks in the region, and to achieve compatible measures
in respect of such stocks.

(2) The Minister shall ensure that the following general principles and measures
are applied to the extent possible in the conservation, management and
sustainable use of fisheries:
(a) adoption of measures to ensure long-term sustainability of highly

migratory fish stocks, and promote the objective of their optimum
utilisation;

(b) basing such measures on the best scientific evidence available and are
designed to maintain or restore stocks at levels capable of producing
maximum sustainable yield, as qualified by relevant environmental and
economic factors, and taking into account fishing patterns, the
interdependence of stocks and any generally recommended

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international minimum standards, whether subregional, regional or
global;

(c) application of the precautionary approach in accordance with
international standards and any Convention, access agreement or
fisheries management agreement to which Tuvalu is party;

(d) assessments of the impacts of fishing, other human activities and
environmental factors on target stocks, non-target species and species
belonging to the same ecosystem or dependent upon or associated with
the target stocks;

(e) adoption of measures to minimise waste, discards, catch by lost or
abandoned gear, pollution originating from fishing vessels, catch of
non-target species, both fish and non-fish species (hereafter a non-
target species) and impacts on associated or dependent species, in
particular endangered species;

(f) protection of biodiversity in the marine environment;
(g) taking measures to prevent or eliminate over-fishing and excess fishing

capacity and to ensure that levels of fishing effort do not exceed those
commensurate with the sustainable use of fishery resources and
promote the development and use of selective, environmentally safe
and cost-effective fishing gear and techniques;

(h) taking into account the interests of artisanal and subsistence fishers;
(i) collecting and sharing, in a timely manner, complete and accurate data

concerning fishing activities on, inter alia, vessel position, catch of
target and non-target species and fishing effort, as well as information
from national and international research programmes; and

(j) implementation and enforcement of conservation and management
measures through effective monitoring, control and surveillance.

(3) The Minister may proclaim a fishery as a designated fishery where, having
regard to scientific, economic, cultural, environmental and other relevant
considerations, it is determined that the fishery:
(a) is important to the national interest;
(b) requires management measures for effective conservation and optimum

utilisation, and each designated fishery shall be subject to a Fishery
Management Plan constituted in accordance with this Act.

8 Fishery Management Plans
(1) The Fisheries Officer shall prepare, keep under review and be responsible for

the implementation of plans for the management of each designated fishery in
the fisheries waters.

(2) The Fisheries Officer shall prioritise, prepare, keep under review and be
responsible for the implementation of plans for the management and

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development of other fisheries in the fishery waters as may be practicable,
with the objective of developing additional plans on an annual basis for all
fisheries in the fishery waters.

(3) Each fishery plan or review shall enter into force upon written approval by the
Minister.

(4) Each fishery plan shall, as far as possible:
(a) identify the fishery resource and its characteristics, including its

economic and social value and interrelationship with other species in
the ecosystem;

(b) assess the present state of exploitation of the fishery resource and
potential average annual yields;

(c) identify any management measures which may be applicable to the
relevant fish stock, while it is in areas of the high seas, which have been
adopted by a competent Commission;

(d) specify the objectives to be achieved in the management and
development of the fishery;

(e) determine the maximum sustainable yield, taking into account the best
information on all relevant biological, social, economic and other
applicable factors;

(f) determine conservation and management measures taking into account
any consultations and information described in the preceding
subparagraphs, and ensuring that such measures do not undermine
measures described in subparagraph (c);

(g) where it is not possible to determine conservation and management
measures in accordance with subparagraph (f) due to insufficient
information, identify a plan for determining such information and take
appropriate interim measures, applying precautionary principles;

(h) specify the measures, if any, to be taken to promote the development of
local fisheries;

(i) take into account any relevant traditional fishing methods or principles;
(j) determine the amount of the fishery resource, if any, to be made

available to licensed fishing vessels;
(k) specify the conservation and management measures to be enforced to

protect the fishery resource from over-exploitation;
(l) specify the information and other data required to be given or reported

for effective management and development; and
(m) specify the research necessary to enhance management of the fishery.

(5) The Fisheries Officer shall, as appropriate, during the preparation of each
fishery plan, carry out consultations:
(a) with any Falekaupule that may be affected; and

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(b) wherever practicable with the appropriate fisheries management
authorities of other coastal States, competent organisations or
Commission in the region, in respect of highly migratory fish stocks,
with a view of ensuring the harmonisation or compatibility of fisheries
management measures over the same fish stocks.

(6) The Fisheries Officer may, in the preparation or review of a fishery plan,
reasonably require any person to furnish all relevant data and information
which may be relevant to such preparation, including fishing time and effort,
landing, processing, sales and other related transactions.

9 Conservation and Management Measures
(1) The Minister may take measures in accordance with this Act for the

conservation and management of fish in the fishery waters. Such measures
shall be based on a precautionary approach consistent with national and
international standards applicable in Tuvalu, and may include, inter alia:
(a) protection of artisanal fisheries, after consultation with the relevant

Falekaupule;
(b) designating open or closed seasons for any area of the fishery waters,

and any species of fish or any period of time or all times;
(c) designating prohibited fishing areas for all fish or certain species of fish

or certain methods of fishing;
(d) prohibiting the taking of fish, from any area, that are less or greater than

a specified size or dimension;
(e) prohibiting or limiting the taking of fish, from any area, by a

specified —
(i) method, gear, equipment or instrument;
(ii) class of persons; and
(iii) class of vessels;

(f) limiting the amount, size, or weight of fish or any species of fish which
may be caught or sold;

(g) prohibiting the disturbance or interference with the breeding or nesting
area of any fish in a specified area during any specified period of time;

(h) specifying minimum mesh sizes for fishing nets;
(i) declaring that any specified area is a protected area as a:

(i) marine park;
(ii) marine reserve; or
(iii) site of special scientific or historic interest.

(2) Where the management of any fishery falls within the area of authority of a
Falekaupule, in accordance with section 4(2) of the Falekaupule Act,6 the

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Minister shall ensure that consultations are carried out with the appropriate
Falekaupule in determining management measures under subsection (1).

(3) For purposes of conservation, management and sustainable use of the fishery
resources, any management measures taken pursuant to subsection (1) shall
prevail over any other inconsistent measures taken by a Falekaupule in the
same area.

(4) Any measures, which are taken pursuant to subsection (1) shall be in writing
or made by Order or promulgated in regulations, as the Minister sees fit.

(5) When measures are taken pursuant to this section, reasonable opportunity for
public notice of such measures shall be given as the Minister sees fit.

(6) Unless otherwise provided under this Act, any person who does not comply
with measures taken in accordance with this section shall be liable on
conviction to a fine of $10,000 and to imprisonment for 6 months.

10 Allocation of Allowable Fishing
(1) The Minister shall make allocations for allowable fishing if he determines that

unrestricted fishing would exceed the optimum sustainable yield, based on the
principles in section 7(2).

(2) In making such allocations, preference shall be given to local fishing vessels
and domestic-based fishing vessels.

(3) The Minister shall take into consideration in making such allocations:
(a) past and present fishing patterns and practices, including compliance;
(b) submission of information for the conservation, management and

development of stocks of fish;
(c) contributions to research in the fishery waters;
(d) whether such allocation would advance the development of the fishing

industry in Tuvalu;

and such other relevant factors as the Minister deems appropriate.

11 Protection of Endangered Species
(1) The Minister may, by Order, declare any stock or species of fish as protected

which is designated as endangered by international agreement, or which is
identified by any other generally recognised scientific criteria as endangered
or likely to become endangered if fishing, or fishing by any specified method,
continues.

(2) Any person who engages in fishing for, lands, displays for sale, deals in,
transports, receives, possesses or buys or sells a fish proclaimed as protected
pursuant to subsection (1) shall be liable on conviction to a fine of $50,000

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plus the fair market value of the subject fish in the market for which it is
reasonably supposed to be destined, and to imprisonment for 6 months.

12 Records, Returns and Other Information
(1) In order to assess and recommend appropriate conservation, management, or

development measures for any fishery, and to prepare any Fishery
Management Plan, and for carrying out his responsibilities under this Act, the
Fisheries Officer may require any of the persons referred to in subsection 2 of
this section to maintain and furnish in such manner and form as he may
specify:
(a) all relevant data and information, including fishing time and effort,

landing, processing, sales and other related transactions;
(b) accounts, records, returns, documents and other information additional

to that specified under this Act.

(2) The following persons shall keep such accounts and records, and furnish such
returns and information, as may be required by or under this Act:
(a) holders of licences, or other authorities or approvals issued or granted

under this Act;
(b) owners, operators, legal representatives, and masters of vessels licensed

under this Act;
(c) owners and persons in charge of any premises where fish, are received,

purchased, stored, transported, processed, sold, or otherwise disposed
of;

(d) persons engaged in the receiving, purchasing, transporting, processing,
storage, sale, or disposal of fish;

(e) fish farmers;
(f) persons who provide vessels for hire for the purpose of enabling

persons to take fish;
(g) persons who engage in fishing otherwise than for the purpose of sale;

and
(h) such other persons who may be required to do so by the Minister, or as

may be prescribed, from time to time.

(3) Any person who does not maintain such records and furnish such returns and
other information as may be required pursuant to this section shall be liable on
conviction to a fine of $50,000 and 6 months’ imprisonment.

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PART IV - PERMITS AND REGISTRATIONS

13 Permits Required
(1) No domestic-based fishing, foreign fishing, commercial fishing, commercial

pilot fishing, marine scientific research, related activities, transhipment, or
such other fishing or other activities, transhipment, or such other fishing or
other activity related to fisheries as may be prescribed or determined by Order
of the Minister is permitted in the fishery waters unless it is in accordance
with:
(a) a valid and applicable permit issued under authority conferred by this

Act; or
(b) a valid and applicable licence issued by an administrator pursuant to a

multilateral access agreement entered into in accordance with this Act.

(2) Any person who establishes, owns or operates a fish processing establishment
shall be required to hold a valid and applicable permit issued under authority
conferred by the Act.

(3) A valid and applicable permit shall be required for any local fishing vessel
fishing on the high seas or in an area designated by a fisheries management
agreement.

(4) The Minister may, by Order, require any local fishing vessel fishing within
areas under the national jurisdiction of other States to hold a valid and
applicable permit.

(5) Local fishing vessels are exempted from the requirements of this section for
purposes of subsistence fishing in the fishery waters.

(6) Any person who, without a valid and applicable permit:
(a) on his own account, or as the partner, agent or employee of another

person, engages in;
(b) causes or allows a person acting on his behalf to engage in; or
(c) uses a vessel to engage in, any activity of a kind or type, or in a place or

manner for which a permit is required under this Act, shall be liable on
conviction to a fine of not less than US $1Million and to 3 years
imprisonment, and in addition any vessel used in the offence and all its
fish, gear, equipment, stores, and other appurtenances, or any fish
processing establishment involved in the offence and all its equipment,
stores and items, vessels and vehicles used in its operations, shall be
subjected to forfeiture.

(7) For the purposes of this section, where a person is charged for an act or
omission done by an employee or other agent, the act or omission shall be
deemed to have done by the person charged for the offence.

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14 Permits for Local Fishing Vessels may be Required for Fishery Waters
(1) Subject to section 13(5), the Minister may by Order require any local fishing

vessel or class of local fishing vessels to hold a valid and applicable permit
for fishing in the fishery waters.

(2) No permit shall be issued in respect of any local fishing vessel which is a
vessel to which section 2 of the Lagoon Shipping Act7 applies without a valid
and applicable certificate of seaworthiness.

15 Fishing by Local Fishing Vessels on the High Seas, etc
(1) Local fishing vessels and citizens fishing on the high seas or in an area

designated by a fisheries management agreement shall:
(a) comply at all times with any applicable law or agreement and the terms

of any applicable permit, and shall carry such permit on board at all
times and produce it on demand for inspection by a duly appointed
authorised officer or investigating authority;

(b) comply with any reporting requirements which may be required from
time to time by the Minister; and

(c) give information to a duly appointed authorised officer or investigating
authority which may be required, including vessel position, catches.
Fishing gear, fishing operations and related activities in the area of an
alleged violation of such agreement.

(2) Local fishing vessels and citizens are not permitted to engage in driftnet
fishing activities outside the fishery waters.

(3) The Minister shall establish a national record of local fishing vessels
authorised to fish on the high seas and provide access to the information
contained in that record on request by directly interested States, taking into
account any applicable laws of Tuvalu regarding the release of
such information.

(4) The Minister may by Order take such further measures as may be necessary in
respect of local fishing vessels fishing on the high seas or other place outside
the fishery waters as may be necessary.

(5) A person who uses a local fishing vessel in contravention of subsection (1) or
(2) shall be liable on conviction to a fine of $500,000 and to imprisonment for
6 months.

16 Application for Permit
(1) A person entitled to apply for a permit under this Act shall make application

on such form as may be approved by the Minister.

(2) Applications for a permit for fishing shall specify, inter alia:

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(a) the name, call sign, country of registration, 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 Minister may require;

(c) if applicable, the access agreement under which such permit is sought.

(3) A permit for purposes of marine scientific research, or taking samples from
the fishery waters for marine scientific research, 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
government agency, an accredited educational organisation or other
recognised scientific research institution, and such relevant information shall
appear on the application for a permit.

(4) The Minister may require such additional information for permit applications
as may be necessary to implement and enforce this Act, including an activity
plan in accordance with section 25.

(5) The application for a permit may be subject to such other requirements or
procedures as may be required by Order of the Minister or by regulation.

17 Review of Application for Permit
The Fisheries Officer, or his designee, shall review each application submitted
pursuant to this Act and may, in his discretion, solicit views from appropriate
persons and hold public hearings where necessary.

18 Permit Issuance and Denial
(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;

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(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 offence
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

Section 19 CAP. 48.20 Marine Resources Act





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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.

19 Licences issued by Administrator
(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.

20 Terms and Conditions of Permits
(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

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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,

Section 21 CAP. 48.20 Marine Resources Act





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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 offence and shall be liable on conviction to a fine of
$500,000 and to 1 year imprisonment and in addition, for serious offences,
any vessel used in the offence and all its fish, gear, equipment, stores, and
other appurtenances, or any fish processing establishment involved in the
offence and all equipment, stores and items and vehicles used in its
operations, shall be subject to forfeiture.

21 Reporting Requirements for Vessel
(1) The operator of each foreign and domestic based fishing vessel issued with a

permit or which is permitted to fish pursuant to an access agreement, and such
other vessels as the Minister may require including any local fishing vessel,
shall:
(a) at all times while the vessel is in the fishery waters, cause to be

maintained in the English language in ink a fishing log in a form
approved by the Minister, 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, and the
reason for discard,

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(v) such other information as the authorised officer may required or
prescribed by regulation, or as may be required by an applicable
access agreement or fisheries management agreement;

(b) report information to the Fisheries Officer or other authority required in
an access agreement, in a format required by the Fisheries Officer or
under an access agreement, by telex or facsimile, relating to the
position of, and catch on board the vessel, at the following times:
(i) at least 48 hours prior to the estimated time of entry into and

departure from the exclusive economic zone;
(ii) each Wednesday while in the fishery waters;
(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) include in any report 24 hours to the estimated time of departure given
under subsection 1(b)(ii) the port of which the fish are intended to be
finally unloaded and whether transhipment is intended;

(d) ensure 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;

(e) provide 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 Fisheries Officer 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; and

(f) certify that information provided pursuant to subparagraphs (a) – (e) is
true, complete and accurate.

(2) All and any information reported under subsection (1) shall include:
(a) the name, call sign and country of registration of the vessel;
(b) the permit number of any permit granted in respect of that vessel;

(3) The operator referred to in subsection (1) shall provide original unaltered
reports required under subparagraphs (a) and (d) and post the requisite forms
to the Fisheries Officer by registered airmail within fourteen days following
the date of completion of the official operation.

(4) The Minister may require, by written notice or Order, 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 Act, and any access

agreement or fisheries management agreement.

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(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.

22 Suspension, Revocation, or imposition of Conditions or Restrictions
on Permit
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.

23 Period of Validity of Permits
(1) Subject to subsection (2), every permit issued or renewed under this Act shall,

unless earlier cancelled or suspended in accordance with this Act, 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 permit issued or renewed under this Act 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 Act, as may be specified in the permit.

(3) Where a fishing vessel which is issued a permit as a local fishing vessel or a
domestic based fishing vessel becomes a foreign fishing vessel, the permit
shall automatically terminate.

(4) A permit under this Act may be transferred with the approval of the Minister
and endorsement on the permit, or in accordance with such further conditions
as may be determined by Order of the Minister.

24 Fees and Charges for Permits
(1) There shall be payable in respect of every permit issued under this Act fees,

royalties or other forms of compensation, and such administration fees for
processing the permits as may be required by Order of the Minister.

(2) The Fisheries Officer shall determine the fees, royalties or other forms of
compensation for permits, and other charges which may be required in

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relation to fishing or related activities including, inter alia, for observers, and
these shall subject to approval by the Minister.

(3) In determining the level of fees, royalties or other forms of compensation for
permits for fishing and related activities the following, inter alia, shall be
taken into account:
(a) the value of the species being sought;
(b) the quantity of the species sought;
(c) the efficiency of the gear;
(d) alternative uses of the fishery resources;
(e) the cost of fisheries management and development, including

enforcement;
(f) the cost of observers;
(g) the development of the local fishery sector; and
(h) the cost of fisheries research.

(4) In determining the fees for marine scientific research, the Fisheries Officer
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 fishery waters.

(5) No permit shall be issued pursuant to this Act unless the requisite fees,
royalties, charges and other forms of compensation have been paid in
accordance with this Act and an applicable access agreement.

25 Activity Plans
(1) The Fisheries Officer may require activity plans to be attached to the

applications for a permit. Plans in respect of applications for fishing, fish
processing establishments, mariculture or aquaculture, exploratory fishing and
marine scientific research activities shall include, as appropriate, but not
limited to the information required in subsections (2), (3), (4), (5) and (6).

(2) The plan for fishing shall include the following to the extent possible:
(a) time, area and species to be fished;
(b) gear to be used, including FADs and aircraft; and
(c) plans for offloading transhipment, and supply.

(3) The plan for fish processing establishments shall include:
(a) a description of the site, and evidence of ownership or other legal title

or permission;
(b) an Environmental Impact Assessment;
(c) proposed processing methods;
(d) proposed species to be processed,

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(e) proposed markets for processed fish to the extent possible;
(f) proposed procedures to ensure compliance with health standards and

relevant import sanitary and quality control requirements; and
(g) evidence of consultation with all those who may be directly affected by

the operation of the establishment.

(4) 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;
(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: and

(h) any applicable evidence of a licence or agreement of a Falekaupule for
mariculture or aquaculture within its area.

(5) 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 for fishing operations; and
(f) the schedule for regularly reporting its findings to the Fisheries Officer.

(6) 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 plant;

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(d) any effect the marine scientific research may have on the waters of a
Falekaupule and resources therein, including any resources which may
be taken during the course of the research.;

(e) plans to carry on board any persons nominated by Tuvalu for training,
monitoring, scientific or other purposes;

(f) the limitations, if any, to be applied to the scope of the research; and
(g) the schedule for regularly reporting its findings to the Fisheries Officer.

26 Registration of Fishers and Fishing Vessels
(1) The Minister may, by Order, require that any fisher or class of fishers, or any

vessel or class of vessels or any person undertaking an activity governed by
this Act be registered with the Fisheries Officer.

(2) A registration fee may be payable in respect of any registration required under
subsection (1), as set out in such Order.

(3) Where an Order has been issued under subsection (1), the Fisheries Officer
shall maintain such register.

PART V - DOMESTIC-BASED AND FOREIGN FISHING AND
RELATED ACTIVITIES

27 General Requirements for Foreign and Domestic-Based Fishing
Vessels
(1) No person shall use a vessel for entering or remaining within the fishery

waters in contravention of any provision of this Act, any other law of Tuvalu
or an applicable access agreement unless the vessel is entering for purposes
recognised by international law, including innocent passage or force majeure.

(2) Any foreign fishing vessel entering the fishery waters for a purpose
recognised by international law, without a valid and applicable permit in
accordance with this Act, shall return outside the fishery waters as soon as the
purpose for which it entered has been fulfilled.

(3) The operator of any foreign fishing vessel or domestic-based fishing vessel
transiting the fishery waters shall ensure that all gear on board is at all times
stowed or secured in such a manner that it is not readily available for fishing
unless the vessel is authorised to engage in fishing in that area of the fishery
waters in accordance with this Act and an applicable access agreement.

(4) 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.

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(5) Where any person contravenes subsection (2) or (3), the operator of that
vessel commits an offence, and shall be fined not more than $500,000.

28 Access Agreement Required
No foreign or domestic-based fishing vessel shall be issued a permit to fish in the
fishery waters unless an applicable access agreement is in force, duly entered into by
the Government in accordance with this Act.

29 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 Act;
(b) potential economic benefits for Tuvalu,

and such term may be renewable subject to the approval of the Minister based
on the performance of the other party and taking in account the above criteria
and such other requirements as the Minister may determine.

(2) An access agreement whose validity exceeds one year shall include provision
for annual review by the Minister, and the period of validity of permits issued
under the access agreement shall not exceed one year, subject to renewal after
such review.

(3) An access agreement may be terminated by the Minster, according to its terms
or upon substantial non-compliance by the other party with any requirement
of the access agreement or this Act.

(4) Fishing under an access agreement may be suspended by the Minister upon a
determination by the Minister, 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 Minister 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.

30 Access Agreement - Minimum Terms
All access agreements shall have the following minimum terms —

(1) The sovereign rights and exclusive fishery management authority of Tuvalu
within the fishery waters shall be recognised.

(2) The operator and each member of the crew shall comply with the applicable
access agreement, this Act and all other applicable laws and regulations;

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(3) The operator shall:
(a) provide an authorised observer, while on board the vessel, at no

expense, with officer level accommodation, food and medical facilities;
(b) meet the following costs of the authorised 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 Act or any other documentation as required by this Act
to be displayed under an access agreement in the wheelhouse of such
vessel;

(d) comply with the terms and conditions of the permit as required under
this Act and the applicable access agreement.

(4) The party to the access agreement shall:
(a) for the duration of the access agreement, appoint and maintain an agent

resident in Tuvalu or establish and maintain a company registered in
accordance with the laws of Tuvalu, authorised to receive and respond
to any legal process issued in Tuvalu with respect to the owner or
operator of the vessel, and shall notify the Fisheries Officer 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 Act;

(c) ensure compliance by each fishing vessel, its operator and crew
members with the access agreement, all laws of Tuvalu 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 access agreement
or fisheries management agreement to which Tuvalu 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 un-
discharged 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 fees.

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31 Fisheries Management Agreements
Fisheries management agreements may, at the Minister’s discretion, include the
following provisions, inter alia:

(a) authorisation of a person, body or organisation 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 fishery waters;

(b) an observer program;
(c) fisheries monitoring, control and surveillance;
(d) any other matter relating to fisheries management.

32 Implementation of Multilateral Access Agreements, Fisheries
Management Agreements
(1) For the purpose of implementing a multilateral access agreement or fisheries

management agreement the Minister may, by Order or in writing, as he deems
appropriate, take any of the following measures that are not provided for in
this Act:
(a) exempt any fishing vessel or class of fishing vessels holding a valid

fishing permit issued pursuant to a multilateral access agreement or
fisheries management agreement from any requirement of this Act
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
access agreement or fisheries management agreement;

(c) authorise officers or observers designated pursuant to a fisheries access
agreement or fisheries management agreement to:
(i) enforce the provisions of this Act and any fisheries access

agreement or fisheries management agreement on behalf of
Tuvalu; 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) provide for the circumstances in which a license or permit issued by an
administrator is deemed in respect of Tuvalu is to be suspended or
cancelled, wholly, partly or in respect of one or more foreign fishing
vessels;

(f) require the conditions to be observed by citizens and operators of
fishing vessels registered in Tuvalu for fishing outside the fishery

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waters, in accordance with any access agreement or fisheries
management agreement to which Tuvalu may be party.

(g) Standing in the Senior Magistrates’ Court shall be afforded to any
authorised officer or authorised observer designated under a fisheries
access agreement or 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 offence that is
actionable under the laws of Tuvalu is a violation of an access
agreement or fisheries management agreement pursuant to which the
officer or observer was authorised which has occurred in the fishery
waters or the high seas, notwithstanding the nationality of the
authorised officer or authorised observer.

33 Transhipment
(1) The operator of a fishing vessel shall:

(a) not tranship at sea under any circumstances;
(b) provide 72 hours notice to the Fisheries Officer of a request to tranship

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 transhipment is requested to
occur and an undertaking to pay all fees required under the laws of
Tuvalu;

(c) only tranship at the time and port authorised by the Fisheries Officer for
transhipment; and

(d) submit full reports on transhipping on such forms as may be required
by the Fisheries Officer or prescribed by regulation.

(2) During transhipment 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) The operator of any fishing vessel used in the contravention of this section is
liable on conviction to a fine of $250,000 and to imprisonment for 6 months.

34 Marine Scientific Research
(1) A person or entity undertaking marine scientific research in the fishery waters

shall:
(a) submit such information to the Fisheries Officer or his designee as may

be requested or 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.;

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(b) be accompanied by and train such observer, Fisheries Officer or other
persons the Fisheries Officer may assign during the research at no
expense to the Government.

(2) The harvest of any marine life from the fishery waters not required for further
research purposes shall be donated to the Fisheries Officer for distribution to
government institutions or charitable organisations or otherwise disposed of
pursuant to the terms of the licence.

(3) A person or entity that contravenes subsections (1) or (2), upon conviction
shall be liable to a fine of not more than $250,000.

PART VI - HIGH SEAS OR FOREIGN WATERS FISHING

35 Requirements for Tuvalu Fishing Vessels outside the Fishery Waters
(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 offence, and shall be
liable on conviction to a fine not exceeding $250,000.

36 Use of vessels of other Flags by Nationals of Tuvalu on the High Seas
(1) No person, being a national of Tuvalu, or body corporate established under

the laws of Tuvalu, may use a vessel registered in another State for fishing or
related activities on the high seas except in accordance with a qualifying
authorisation issued by the flag State.

(2) A qualifying authorisation may be issued;
(a) by a State that is a party to the United Nations Fish Stock Agreement;

or
(b) by a State that is a party to, or has accepted the obligations of an

international, regional or sub-regional fisheries organisation or
arrangement to which the authorisation relates;

(c) by a state that is a party to the United Nations Fish Stocks Agreement;
and has legislative and administrative mechanisms to control its vessels
on the high seas in accordance with that agreement.

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(3) For the purpose of subsection 2 of this section, any notice given by the
Minister in the gazette, specifying any State or category of States as States
that may issue a qualifying authorisation shall be conclusive of its contents.

(4) A person who contravenes subsection 1 of this section commits an offence,
and shall be liable on conviction to a fine not exceeding $250,000.

37 Fishing Vessel of Tuvalu in waters under the jurisdiction of
other States
Owners and operators of a Tuvalu fishing vessel shall observe all the laws and
regulations applicable in areas under the national jurisdiction of a foreign State. The
penalty for breach of this Act shall be a fine not exceeding $250,000.

38 Establishment of Tuvalu High Seas or Foreign Waters Fishing Vessel
Register
The Minister shall cause to be established a fishing vessel register to be known as
the “High Seas or Foreign Waters Fishing Vessel Register.”

39 Grant of High Seas or Foreign Waters Fishing Vessel Register
(1) An owner, charterer or operator of a fishing vessel carrying the flag of Tuvalu

may apply for a High Seas or Foreign Waters Fishing Permit in respect of that
vessel by completing an application in a form prescribed to the Minister.

(2) The Minister shall only issue a High Seas or Foreign Waters Fishing Permit if
he is satisfied that the person or the use of the vessel would not undermine the
responsibilities of Tuvalu under international law.

40 Conditions and Restrictions on High Seas or Foreign Waters Fishing
Permits
(1) Every High Seas or Foreign Waters Fishing Permit shall be in the prescribed

form and shall contain the following conditions:
(a) measures to give effect to applicable conservation and management

measures by a Regional Fisheries Management Organisation;
(b) the permit holder must comply with conservation and management

measures applied by a Regional Fisheries Management Organisation;
(c) the holder of the permit shall be named as the operator of the vessel in

the Tuvalu High Seas Fishing Vessel Register;
(d) the permit may only grant authorisation in respect of —

(i) the permit holder;
(ii) an employee as agent of the permit holder;

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(iii) the master and crew members of the vessel to which the permit
applies;

(e) areas in which fishing or transportation is authorised:
(f) the seasons, times and particular trips during which fishing or

transportation is authorised;
(g) the species, size, age and quantities of fish that may be taken or

transported, including non-target species;
(h) the methods by which fish may be taken;
(i) the types, size and amount of fishing gear or equipment that may be

used or carried, and the modes of storage of that gear or equipment
when not in use;

(j) the use, transfer, transhipment, transportation, landing, receiving and
processing of fish;

(k) procedures or requirements, or both, enabling the verification of fish
taken or being taken by the vessel, including procedures or restrictions
relating to the species of, quantities of or areas from which fish are
being or have been taken by the vessel;

(l) entry by the vessel to Tuvalu or foreign ports in accordance with
applicable conservation and management measures, whether for
inspection of is catch or for other purposes to give effect to
conservation and management measures;

(m) reports and information to be given to the Executive Director by the
permit holder, and records required to be kept by the permit holder

(n) management controls;
(o) the conduct of specified research programmes;
(p) vessel marking, and other means of identification;
(q) requirements for observers and payment of related fees and charges;
(r) the installation on the vessel and maintenance of equipment to monitor

fishing or transportation under the permit, and the payment of any
related fees and charges;

(s) the installation on the vessel and maintenance of any automatic location
communicator or other equipment for the identification and location of
the vessel, and of adequate navigational equipment to enable the vessel
to fix its position, and the registration on any relevant vessel monitoring
system register or payment of any related fees and charges;

(t) the carriage on board the vessel of specified charts, publications and
instruments;

(u) the disposal or discard of fish in accordance with applicable
conservation and management measures;

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(v) the requirement that the operator is to provide the permit and other
evidence that its operations are authorised when inspection
takes places;

(w) such other conditions as may be required.

(2) The Minister may attach such other conditions and restrictions to each High
Seas or Foreign Waters Fishing Permit as are necessary and appropriate to
carry out the obligations of Tuvalu under the United Nations Fish Stocks
Agreement and the Western and Central Pacific Tuna Convention, including,
but not limited to, the following:
(a) the area or areas in which fishing is authorised;
(b) the period, times or particular voyages during which fishing is

authorised;
(c) the descriptions, quantities, size and presentation of fish which may be

taken;
(d) the type or types of fishing gear;
(e) the method of fishing to be undertaken;
(f) the marketing of gear;
(g) a requirement that the vessel carry observers on board during fishing

operations on the high seas;
(h) a requirement that access be permitted to foreign observers;
(i) a requirement that additional monitoring equipment such as a satellite

vessel monitoring system, is carried;
(j) measures to be taken to avoid catching non-target species;
(k) requirements for recording and timely reporting of vessel position,

catch of target and non-target species, fishing effort and other relevant
fisheries data;

(l) requirement for verifying the catch of target and non-target species; and
(m) the stowage of gear.

(3) The Minister may vary any conditions attached to a High Seas or Foreign
waters Fishing Permit where the Minister is satisfied that this is necessary to
ensure compliance by Tuvalu with its obligations under the United Nations
Fish Stock agreement and the Western and Central Pacific Tuna Convention.

(4) Where the Minister varies any conditions attached to a High Seas or Foreign
waters Fishing Permit, the Minister shall notify the permit holder of such
variation as soon as practicable.

(5) Where a fishing vessel of Tuvalu is used in contravention of any condition or
restriction contained in High Seas or Foreign Waters Fishing Permit, the
Minister may cancel the permit. In addition, the master, owner, charterer or
operator of the vessel shall each be guilty of an offence and shall be liable on
summary conviction to a fine not exceeding $100,000.

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41 Validity of a High Seas or Foreign Waters Fishing Permit
(1) A High Seas or Foreign Waters Fishing Permit is valid for one year or such

other period as may be specified in the permit.

(2) A High Seas or Foreign Waters Fishing Permit is void if the vessel in respect
of which it was granted is no longer entitled to fly the flag of Tuvalu or be
entered into Tuvalu Register of High Seas High Seas and Foreign Waters
Fishing Vessels.

42 Cancellation and Suspension of a High Seas or Foreign Waters Fishing
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.

43 Enforcement – High Seas Fisheries Inspectors
(1) Every authorised officer under this Act is a high seas fisheries inspector.

(2) For the purposes of the administration and enforcement of this section, a high
seas fisheries inspector has all of the powers of an authorised officer in
relation to a vessel on the high seas as he would have had under this Act.

(3) A high seas fisheries inspector may direct a person under his command to
carry out such duties of a high seas fisheries inspector as he or he specifies,
for such period as he thinks necessary.

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(4) High seas fisheries inspectors shall have any powers authorised under any
international, regional and sub-regional organisations or arrangements to
which Tuvalu is a member.

(5) The master of a Tuvalu fishing vessel must co-operate with a foreign high
seas fisheries inspector appointed under any global, regional, or sub-regional
fisheries organisation or arrangement to which Tuvalu is a member and acting
in accordance with procedures established by such an organisation or
arrangement.

44 Port State Inspection and Enforcement
For the purpose of enforcing international conservation and management measures,
landings and transhipments in areas under the national jurisdiction of Tuvalu may be
prohibited by the Minister where it has been established, on reasonable grounds, that
the catch has been taken in manner which undermines the effectiveness of fisheries
conservation and management measures adopted by a regional or international
organisation.

PART VII - MONITORING, CONTROL AND SURVEILLANCE

45 Enforcement responsibility
(1) The Minister shall have the primary responsibility for fisheries enforcement,

in consultation with the Attorney General, including,
(a) monitoring control and surveillance of all fishing operations and related

activities within the fishery waters; and
(b) the enforcement of the Act.

(2) The Minister shall, as appropriate, involve participation by relevant
government departments or offices in fisheries enforcement.

(3) The Minister may authorise other entities, officials or persons to perform
fisheries enforcement functions.

46 Appointment of Authorised Officers
(1) The Minister may, after consultation with the Attorney General, appoint in

writing any person or class of persons as authorised officer for the purposes of
enforcing this Act and such persons shall exercise all powers and privileges
accorded by this Act.

(2) For all surveillance and enforcement duties and obligations provided under
this Act and all other duties provided under this Act, except any duties arising
from the licensing and reporting requirements of this Act, police officers of

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Tuvalu and the Masters of all Tuvalu flagged vessels, including but not
limited to MV Manufolau and MV Nivaga II, are deemed to be authorised
officers.

(3) Any person or class of persons appointed as authorised officer in accordance
with an access agreement, a fisheries management agreement or a similar
cooperative arrangement to which Tuvalu is party, who is not a citizen or has
not been appointed in accordance with subsection (1), shall have such rights
and privileges of a citizen as may be necessary for the performance of his or
her duties, and all provisions of this Act relating to authorised officers shall be
applicable to such persons.

(4) Any person or class of persons appointed as authorised officers pursuant to
subsection (2) may perform duties which include:
(a) for an authorised officer of Tuvalu, to perform fisheries surveillance

and law enforcement functions on behalf of Tuvalu while on board a
vessel or aircraft of another party; and

(b) for an authorised officer of another party to such agreement, to perform
fisheries surveillance and law enforcement functions on behalf of
Tuvalu while on board the vessel or aircraft of that other party, and all
provisions of this Act relating to authorised officers shall be applicable
to such persons carrying out duties in the areas of national jurisdiction
of Tuvalu.

(5) Any authorised officer is deemed to be an authorised inspector for purposes of
a multilateral access agreement.

47 Powers of authorised officers
(1) For the purposes of enforcing this Act or an applicable access agreement, an

authorised officer may;
(a) stop, board, remain on board and search any vessel in the fishery waters

if he reasonably believes is a fishing vessel, and any fishing vessel
registered under the laws of Tuvalu outside the fishery waters, and such
other vessel outside the fishery waters as may be provided in a access
agreement or fisheries management agreement, and stop and search any
vessel, vehicle or aircraft if he reasonably believes may be transporting
fish or engaging in other activities relating to fishing;

(b) require the master or any crew member or other person aboard to
inform him of the name, call sign and country of registration of the
vessel and the name of the master, owner, charterer and crewmembers;

(c) examine the master or any crew member or other person aboard about
the cargo, contents of holds and storage spaces, voyage and activities of
the vessel;

(d) make such examination and inquiry as may appear necessary to him
concerning any vessel, vehicle or aircraft in relation to which any of the

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powers conferred by this subsection have been or may be exercised and
take samples of any fish or fish product found therein;

(e) require to be produced, examine and take copies of any license,
logbook, record or other document required under this Act or
concerning the operation of any vessel, vehicle or aircraft;

(f) make an entry dated and signed by him or her in the logbook of such
vessel, vehicle or aircraft;

(g) require to be produced and examine any fish, fishing gear or appliance
or explosive, poison or other noxious substance;

(h) take samples of any fish found in any vessel, vehicle or aircraft;
(i) give directions to the master and any crew member of any vessel,

vehicle or aircraft stopped, boarded or search as may be necessary or
reasonably expedient for any purpose specified in this Act or to provide
for the compliance of the vessel, vehicle or aircraft, or master or any
crew member with the conditions of any license;

(j) endorse any license; and
(k) arrest any person who assaults him or her in the exercise of his or her

duties under this Act.

(2) Where an authorised officer has reasonable grounds to believe an offence
against this Act is being or has been committed, he or she may without
a warrant:
(a) enter and search any premises, other than premises used exclusively as

a dwelling-house, in which he or she has reasonable grounds to believe
an offence has been or is being committed or fish taken illegally are
being stored;

(b) stop, enter and search and stay in or on any vehicle or aircraft which he
or she reasonably suspects of transporting fish or fish products;

(c) following hot pursuit in accordance with international law and
commenced within the fishery waters, stop, board and search outside
fishery waters any fishing vessel which he or she has reasonable
grounds to believe has been used in the commission of such offence,
exercise any powers conferred by this Act in accordance with
international law, and bring such vessel and all persons and things on
board within the fishery waters;

(d) require to be produced, examine and take copies of any license,
logbook, record or other document required under this Act or
concerning any operations or activities carried out which are subject to
this Act;

(e) make any entry dated and signed by him or her in a record or other
document;

(f) required to be produced and examine any fish, fishing gear, equipment,
stores or machinery;

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(g) take sample of any fish found in any place inspected or searched under
this Act;

(h) seize:
(i) any vessel (including its fishing gear, equipment, stores and

cargo), vehicle, fishing gear, nets or other fishing appliances or
aircraft which he has reasonable grounds to believe has been or
being used in the commission of such offence or in respect of
which the offence has been committed.

(ii) any fish or fish products which he has reasonable grounds to
believe have been caught in the commission of an offence or are
possessed in contravention of this Act;

(iii) any logs, charts or other documents required to be maintained by
this Act or under the terms of any permit or other authorisation or
which he or she has reasonable grounds to believe show or tend
to show, with or without other evidence, the commission of an
offence against this Act; and

(iv) anything which he has reasonable grounds to believe might be
used as evidence in any proceedings under this Act;

(i) arrest any person whom he has reasonable grounds to believe has
committed an offence against this Act, and if the authorised officer
making such arrest is not a police officer, he shall without necessary
delay take such person to a police officer, or in the absence of a police
officer shall take such person to the nearest police station.

(3) An authorised officer may, in arresting any person or fishing vessel which he
has reasonable grounds to believe has done any act in contravention of this
Act:
(a) use such force as is reasonably necessary in the circumstances to effect

the arrest;
(b) call upon such person or persons as may be necessary to render

assistance in enforcement activities for such time as he may require,
and duties owed to authorised officers under this Act shall be owed to
such person or persons while acting at the request and under the
instructions of such authorised officer.

(4) A written receipt shall be given for any article or thing seized under this
section and the grounds for such seizure shall be stated in such receipt.

(5) A person arrested without a warrant under this section shall be taken to a
police station and dealt with in accordance with law.

(6) An authorised officer may, for the purposes of enforcing this Act, with or
without a warrant or other process:
(a) execute any warrant or other process issued by any court of competent

jurisdiction; and

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(b) exercise any other lawful authority.

48 Requirements for Seized Vessels, etc
(1) Where any vessel is seized under this Act:

(a) the master and crew shall take to such port as the authorised officer
shall designate, being the nearest or most convenient port;

(b) the master shall be responsible for the safety of the vessel and each
person on board the vessel, including the crew, himself and any
authorised officer until the vessel arrives at the designated port.

(2) If the master fails or refuses to take the seized vessel to the designated port
then an authorised officer or person called upon to assist him may do so.

(3) If a vessel is taken to port in the circumstances described in paragraph (2), no
claim whatever may be made against any authorised officer or the government
in respect of any damage, injury, loss or death occurring while the vessel is
being so taken, subject to the provisions of the Act.

(4) The provisions relating to vessels and masters described in subsections (1) -
(3) apply mutatis mutandis to vehicles and aircraft seized in accordance with
this Act, and their drivers and pilots respectively.

(5) The authority which seized the vessel shall deliver the vessel to the Fisheries
Officer who shall be fully responsible for its custody until final judgment or
other determination, unless the Attorney General directs otherwise.

(6) Should negotiations or other preliminary administrative procedures be
delayed because of the business enterprise, or any person connected with the
vessel’s business enterprise, failure to respond to the Fisheries Officer within
21 days, crew repatriation under section 70(4) shall be carried out.

49 Removal of Parts from Seized Vessels, etc
(1) An authorised officer may remove any part or parts from any vessel, vehicle

or aircraft held in the custody of the Government for the purpose of
immobilising that vessel, vehicle or aircraft.

(2) Any parts removed under subsection (1) shall be kept safely and returned to
the vessel, vehicle or aircraft upon its lawful release from custody.

(3) No person shall knowingly possess or arrange to obtain any part or parts
removed under subsection (1) or knowingly possess or arranged to obtain or
make any replacement or substitute part or parts for those removed under
subsection (1) or shall fit or attempt to fit any part or parts or any replacement
or substitute part or parts to a vessel, vehicle or aircraft held in the custody of
the Government.

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(4) Any person who contravenes subsection (3) commits an offence and shall be
liable upon conviction to a fine of $20,000 or imprisonment for 6 months, or
both.

50 Appointment of Authorised Observers
(1) The Fisheries Officer may appoint in writing any person to be an authorised

observer for the purposes of this Act.

(2) Any observer authorised pursuant to an access agreement or fisheries
management agreement, who is not a citizen or has not been appointed in
accordance with subsection (1), shall have such rights and privileges of an
observer appointed under subsection (1) and a citizen as may be required for
the performance of his duties, and all provisions of this Act relating to
authorised observers shall be applicable to such persons.

51 Duties to Authorised Observers
(1) A person on board any vessel with a valid and applicable license issued or

recognised pursuant to this Act shall permit an authorised observer to board
and remain on such vessel for the purposes of carrying out his duties and
functions.

(2) The operator and each member of the crew of such vessel allow and assist any
authorised observer to carry all his duties and functions, including to:
(a) board such vessel for scientific, compliance monitoring and other

functions, at such time and place as the Fisheries Officer may require;
(b) have full access to and the use of facilities and equipment on board the

vessel which the authorised observer may determine is necessary to
carry out his duties, including:
(i) full access to the bridge, navigation charts, fish on board and

areas which may used to hold, process, weigh and store fish;
(ii) full access to the vessel’s records, including its logbooks and

documentation for the purposes of records inspection and
copying;

(iii) full access to fishing gear on board;
(iv) reasonable access to navigation equipment and radios;

(c) take and remove from the vessel reasonable samples for the purposes of
scientific investigation, and other relevant information;

(d) take photographs of the fishing operations, including fish, fishing gear,
equipment, charts and records, and remove from vessel such
photographs or film as he may have taken or used on board the vessel;

(e) send or receive messages by means of the vessel’s communication
equipment;

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(f) carry out all duties safely;
(g) disembark at such time and place as the Fisheries Officer may require

or in accordance with an applicable access agreement.

(3) The operator shall provide the authorised observer, and an authorised officer
forced by circumstances to stay on board the vessel for a prolonged period of
time, while on board the vessel, at no expense, with food, accommodation and
medical facilities equivalent to that accorded to officers.

(4) In addition to the requirements of subsection (3), the Minister may require the
operator to pay in full the following costs of the authorised observer:
(a) training;
(b) travel costs to and from the vessel;
(c) such salary as may be notified by the Fisheries Officer, being the full

amount of such salary;
(d) full insurance coverage.

(5) An operator of any fishing vessel with a valid licence issued under this Act
shall allow and assist an authorised observer to have full access to any place
within Tuvalu where fish taken in the fishery waters is unloaded or
transhipped, to remove reasonable samples for scientific purposes and to
gather any information relating to fisheries in the fishery waters.

(6) Any person who contravenes subsection (1), (2), (3) or (5) shall be liable upon
conviction to a fine of $50,000 or imprisonment for 12 months.

52 Duties to Authorised Officers and Authorised Observers
(1) The master and each crew member of a fishing vessel, the driver of a vehicle

and the pilot and crew of an aircraft shall immediately comply with every
instruction or direction given by an authorised officer or authorised observer
as appropriate, and facilitate safe boarding, entry and inspection of the vessel,
vehicle or aircraft and any fishing gear, equipment, records, fish and fish
products.

(2) A person commits an offence who:
(a) assaults, obstructs, resists, delays, refuses boarding to, or fails to take

all reasonable measures to ensure the safety of or otherwise interferes
with an authorised observer in the performance of his duties;

(b) incites or encourages any other person to assault, resist or obstruct an
authorised officer or authorised observer while carrying out his powers
or duties, or a person lawfully acting under the authorised officer’s
orders or his aid;

(c) uses threatening language or behaves in a threatening or insulting
manner or uses abusive language or insulting gestures towards an
authorised officer or authorised observer while in the execution of his

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powers of duties, or a person lawfully acting under an authorised
officer’s orders or his aid;

(e) fails to immediately comply with the lawful requirements of an
authorised officer or observer, or including as required in subsection(3)

(f) fails to take all reasonable measures to ensure the safety of an
authorised officer or authorised observer as appropriate in the
performance of his duties.

(g) furnishes to an authorised officer or authorised observer any particular
which to his knowledge are false or misleading in any respect;

(h) personates or falsely represents himself or herself to be an authorised
officer or authorised observer or who falsely represents himself to be a
person lawfully acting under an authorised officer’s orders or his aid;

(i) personates or falsely represents himself to be the master or other officer
of a fishing vessel;

(j) resists lawful arrest for any act prohibited by this Act;
(k) interferes with, delays or prevents by any means, the apprehension or

arrest of another person having reasonable grounds to believe that such
person has committed an act prohibited by this Act;

(l) is in breach of any other duty to an authorised officer or authorised
observer required under this Act,

and on conviction shall be liable to a fine of $100,000 and 12 months
imprisonment.

(3) For the purposes of subsection (2), a person who does not allow any
authorised officer, or a person acting under his orders or in his assistance, or
an authorised observer to exercise any of the powers conferred on such person
by this Act shall be deemed to be obstructing that officer, person or observer.

(4) Every person who, being a master, owner, charterer, agent, or company
established under the laws of Tuvalu of a fishing vessel which transports an
authorised officer, inspector or observer outside the fishery waters and causes
him to disembark outside the territory, or jurisdiction of Tuvalu, commits an
offence and shall be jointly and severally liable on conviction to a fine of
$50,000 plus all costs of repatriation including board and lodging while out of
Tuvalu and direct transportation to Tuvalu.

(5) Where a person is convicted of an offence against subsection (2) or (4), the
court may, in addition to any other penalty, order be banned from going or
remaining on board any fishing vessel in the fishery waters for a specified
period of time, not to exceed 5 years.

(6) A person who contravenes an order under subsection (5), or the master of a
fishing vessel who knowingly permits a person banned under subsection (5) to
go or remain on board a fishing vessel under his command, commits an
offence and is liable on conviction to the fine specified in subsection (2).

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53 Identification of Authorised Officers and Authorised Observers
An authorised officer or authorised observer, when exercising any of the powers
conferred by this Act, shall on request produce identification or such other evidence
as is reasonably sufficient to show he is an authorised officer or authorised observer
under this Act.

54 Transponders
(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

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(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 offence and upon
conviction shall be liable to a fine of $100,000 or imprisonment for 6 months,
or both.

PART VIII - ADDITIONAL REQUIREMENTS AND OFFENCES

55 Information to be True, Complete and Accurate
(1) Every person shall promptly give any information required under this Act,

including records of any kind and information requested by an authorised
officer, authorised observer or other officer or official to enable him to carry
out his duties under this Act.

(2) Any information required under this Act shall be true, complete and accurate,
and the Fisheries Officer shall be notified immediately of any change in
circumstances, which has the effect of rendering any such information or
documentation false, incomplete or misleading.

(3) A permit, registration or other document required under this Act shall be
obtained and held in its original, complete and accurate form as required
under this Act, and no such document shall be altered after its issuance except
by the Fisheries Officer or used by any person other than its legal holder.

(4) A person who contravenes subsections (1), (2) or (3) shall be liable on
conviction to a fine of $10,000 and to imprisonment for 6 months.

56 Protection of Fishing Vessel or Gear
A person who recklessly, knowingly or intentionally takes, damages or destroys any
fish, fishing vessel or fishing gear lawfully belonging to another person shall be
liable on conviction to a fine of $10,000 and imprisonment for 6 months, and in
addition may be ordered to pay full compensation to the owner for any theft, damage
to or destruction of such fish, fishing vessel or gear.

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57 Protection of Fish Aggregating Devices, Artificial Reefs, Mooring
Buoys, etc
(1) No person shall destroy, damage or take any part of a fish aggregating device,

artificial reef, mooring buoy, float, tray or other device which belongs to
another person or has been installed by the Government.

(2) No person shall anchor or otherwise connect their vessel to a fish aggregating
device, mooring buoy or float which belongs to another person or has been
installed by the Government.

(3) No person shall, within the fishery waters, engage in fishing within 150 feet
of a fish aggregating device or artificial reef belonging to another person or
the Government unless expressly permitted to do so.

(4) A person who contravenes subsections (1), (2) or (3) shall be liable on
conviction to a fine of $5,000 or to imprisonment for 3 months, and in
addition may be ordered to pay full compensation to the owner or owner’s
designee for the destruction, damage, or theft of the fish aggregating device,
artificial reef, mooring buoy, float tray or other device, or any part thereof.

58 Use or Possession of Prohibited Fishing Gear
A person who uses for fishing or has on board a vessel in the fishery waters:

(a) any net, the mesh size of which does not conform to the minimum mesh
size for that type of net as required or prescribed pursuant to this Act;

(b) any fishing gear which does not conform to standards required pursuant
to this Act for that type of fishing gear; or

(c) any fishing gear which is prohibited by this Act, including without
limitation a driftnet; shall be liable on conviction to a fine of $250,000
and to imprisonment for 6 months.

59 Fishing with Poisons or Explosives
(1) No person shall:

(a) use, permit to be used or attempt to use any:
(i) chemical, poison or noxious substance or material whether of

manufactured or natural origin;
(ii) dynamite or explosive substance or device, for the purpose of

killing, taking, stunning, stupefying or disabling fish or in any
way rendering fish more easily caught;

(b) carry, permit to be carried, possess or control any:
(i) chemical, poison or noxious substance or material whether of

manufactured or natural origin;

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(ii) dynamite or explosive substance or device, in circumstances
which indicate the intention of its use for any of the purposes
referred to in paragraph (a);

(c) place in the water or assist in placing in the water any:
(i) chemical, poison or noxious substance or material whether of

manufactured or natural origin;
(ii) dynamite, or any explosive substance or device, for any of the

purposes referred to in paragraph (a).

(2) No person shall:
(a) land, display for sale, sell, deal in, transport, receive or possess any fish

or fish product taken by any means which contravenes this section;
(b) knowing or having reasonable cause to believe that any fish or fish

product has been taken in contravention of this section, fail or refuse to
give, on request, to any authorised officer information regarding:
(i) any activity described in subsection (1), or any support of or

contribution to such activity;
(ii) the source of his supply of any fish or fish product referred to in

subparagraph (a) of this subsection.

(3) For the purposes of this section, the terms “poisonous”, “chemicals” and
“substance” include but are not limited to hypocholorus acid or any of its
salts, including bleaches commonly sold under various trade names such as
Clorox and Purex, and bleaching powders, preparations containing ratenone,
tephrosin or plant material from Barrington asiatica, coculus ferrandianus,
hura crepitans, piscidia erythrina, tephrosia purpurea and wikstremia.

(4) Any person who contravenes subsection (1) or (2) shall be liable upon
conviction:
(a) in respect of subsection (1)-(a)(i), (b)(i) and (c)(i) and subsection (2):

(i) in respect of a citizen, to a fine of $10,000 or imprisonment for 3
months;

(ii) in respect of a non-citizen or a citizen acting on behalf of a
corporate entity, to a fine of $250,000 or imprisonment for
6 months;

(b) in respect of subsection (1)-(a)(ii), (b)(ii) and (c)(ii):
(i) in respect of a citizen, to a fine of $20,000 or imprisonment for 6

months;
(ii) in respect of a non-citizen or a citizen acting on behalf of a

corporate entity, to a fine of $500,000 or imprisonment for up to
6 months.

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(5) In any proceedings for an offence against this section, a certificate in writing,
issued under section 74, stating the cause of death or injury of any fish, shall
be prima facie evidence of that fact.

(6) For the purposes of this section, any explosive, poison or other noxious
substance found on board any fishing vessel shall be presumed to be intended
for the purposes referred to in subsection (1)(a) of this section.

(7) All fish or fish products seized under this section shall be confiscated, and the
vessel or vehicle used to transport such fish or fish products may be
confiscated, and disposed of in such manner as the Fisheries Officer
determines.

60 Prohibition of Driftnet Fishing Activities
A person who within the fishery waters engages or attempts to engage in any driftnet
fishing activity shall be liable on conviction to a fine of $500,000 and to
imprisonment for one year.

61 Introduction of Live Fish into Fishery Waters
A person who introduces into the fishery waters any live fish originating from any
place outside Tuvalu or the fishery waters without written authorisation of the
Fisheries Officer, which requires prior quarantine approval, shall be liable on
conviction to a fine of $10,000 and imprisonment for 6 months.

62 Export of Live Fish, Fish Product or other Marine Resources
(1) No person shall export:

(a) any live fish, live rock or viable fish eggs or spawn taken from the
fishery waters;

(b) any fish or fish product caught in the fishery waters, unless it is
exported for personal consumption and is not intended for commercial
trade or sale, without prior written authorisation of the Fisheries
Officer, or as may be otherwise required under this Act.

(2) Any person undertaking activities in contravention of subsection (1) shall be
liable to a fine of $20,000, to which fine shall be added an amount equivalent
to the current retail value of the fish or fish product in the market for which it
is destined, or imprisonment for 6 months, or both.

63 Contamination of the Fishery Waters
(1) Any person who directly or indirectly contaminates the fishery waters in any

way, including by the discharge of any substance or by any act or omission
that is likely to cause damage to or deterioration in the quality of the marine

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resources, shall be liable on conviction to a fine of $500,000 and
imprisonment for 6 months, and may be ordered to pay full compensation for
the cost of any cleanup and economic loss directly caused by such
contamination.

(2) For the purposes of this section, the following is presumed to be damaging:
(a) non-biodegradable trash or debris;
(b) the discharge of a poison, chemical or noxious substance, including but

not limited to oil, petroleum, solvents, metals or sewage.

64 Prohibition of Trade in Illegal Fish, Fish Products, or other Marine
Resources
A person who buys, sells, knowingly possesses or otherwise trades in fish, fish
products, or other marine resources obtained in contravention of this Act shall be
liable upon conviction to a fine of $20,000, and in addition an amount equivalent to
the current retail value of the fish, fish product or marine resource in the market for
which it is destined, or be imprisoned for 6 months.

65 Application of laws of other States
(1) It shall be unlawful for a person to import, export, transport, sell, receive,

acquire or purchase any fish or fish product taken, possessed, transported or
sold in violation of any law or regulation of another State upon
implementation, on a reciprocal basis, of a fisheries management agreement
between the Government and such other State or States, in which such
activities are agreed to be unlawful.

(2) The Minister shall implement the fisheries management agreement described
in subsection (1) by regulation, and may require, inter alia, record keeping and
reporting for each day of fishing activity, whether the fishing took place in the
jurisdiction of the fishery waters or not.

PART IX - JURISDICTION, LEGAL PROCEEDINGS AND
EVIDENCE

66 Jurisdiction of the Court
(1) An act or omission in contravention of this Act committed:

(a) by a person within the fishery waters;
(b) outside the fishery waters by a citizen or person ordinarily resident in

Tuvalu; or
(c) by any person on board a fishing vessel registered in Tuvalu;

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shall be dealt with and judicial proceedings taken as if such act or omission
had taken place within the jurisdiction of the Senior Magistrates’ Court of
Tuvalu.

(2) Where an authorised officer is exercising any powers conferred on him
outside the fishery waters in accordance with this Act, any act or omission of
a person in contravention of provisions of this Act, shall be deemed to have
been committed within the fishery waters.

(3) Notwithstanding any provision of any other law of Tuvalu, an information or
complaint in respect of any offence against this Act may be filed at any time
within two years of the commission of the offence.

(4) The Court may at any time enter restraining orders or prohibitions; issue
warrants, process in rem or other processes; prescribe and accept satisfactory
bonds or other security; and take such other actions as are in the interests of
justice.

67 Civil Proceedings
(1) A person who contravenes this Act shall be liable for a civil penalty if the

Attorney General determines in writing that no criminal proceedings have
been or will be instituted for the same contravention.

(2) The amount of the civil penalty shall not exceed the maximum amount of the
fine prescribed in this Act, and each day of a continuing violation shall be
considered a separate offence.

(3) In determining the amount of such penalty, the Court shall take into
consideration the nature, circumstance, extent and gravity of the prohibited
act or acts committed and, with respect to the violators, the degree of
culpability, any history of previous offences relating to fishing and such other
matters which may be relevant.

(4) It shall be the duty of the Attorney General to initiate all proceedings under
this section and as appropriate to recover the amount imposed as a civil
penalty.

68 Liability of Operator
In any proceedings under this Act, the act or omission of a master or crew member
of a fishing vessel or in association with a fishing vessel shall be deemed to be that
of the owners, charters, or other operator of that fishing vessel.

69 Civil Liability of Officers of Companies
(1) Except as further provided in this section, each officer of a partnership,

corporation, firm, company or any other business enterprise engaged in

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activities governed by this Act shall be personally liable for any violation of
or offence committed under this Act by any member or employee.

(2) It shall be an affirmative defence to liability under this section for the officer
to prove by a preponderance of the evidence that he used due diligence to
secure compliance with the Act or that the violation or offence was committed
without that officer's knowledge, consent, collusion or collaboration.

70 Adjudication Proceedings
(1) The Fisheries Officer may, after consultation with and the consent of the

Attorney General, proceed administratively against any person or business
enterprise in violation of this Act.

(2) The decision to proceed administratively for violation of this Act shall be
made within 48 hours of the issuance of a notice of violation by the Fisheries
Officer or his designee in consultation with the Attorney General.

(3) If the person or business enterprise admits in writing to the violation, the
Fisheries Officer may handle this matter under the Summary Administrative
Proceedings provisions in section 71.

(4) Should negotiations or other preliminary administrative procedures be
delayed because of the business enterprise, or any other person connected
with the vessel’s business enterprise, failure to respond to the Fisheries
Officer within 21 days, the vessel’s crew, except the master and the engineer,
shall be repatriated to their country of origin at the cost of the owner.

(5) If the person or business enterprise denies the violation, the Fisheries Officer
shall, after consultation with and the consent of the Attorney General, proceed
to determine the violation in an adjudicatory administrative procedure,
provided that if the Attorney General denies consent to the administrative
handling of the violation the Fisheries Officer shall refer the matter for
prosecution.

(6) If there is a decision to handle the matter in an adjudicatory administrative
procedure, the person upon whom the notice of violation is served shall be
given the notice of the adjudicatory hearing and shall have right to appear, be
heard, produce evidence and to counsel retained at his own expense.

(7) The Fisheries Officer shall set an adjudicatory administrative hearing for the
violation within 48 hours of the decision to proceed administratively.

(8) The Minister may promulgate regulations regarding the conduct of the
proceedings.

71 Summary Administrative Proceedings
(1) Subject to subsection (4) the Fisheries Officer may, where:

(a) he has determined that a person has violated this Act; and

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(b) such person has, in writing:
(i) admitted to having committed such violation; and
(ii) consented to summary administrative proceedings after being

fully informed about these proceedings,

dispose of such violation by causing an Agreement to Compound the case to
be drawn up by the Attorney General for formalising the terms and conditions
for the Fisheries Officer to accept on behalf of the Government from such
person an Administrative Penalty, the amount of which shall not exceed the
maximum fine or penalty required under this Act, plus the fair market value
of any fish caught illegally.

(2) Where Summary Administrative Proceedings have been initiated under this
Act, the person who admits to having committed the offence under subsection
(1)(b), shall:
(a) not engage in fishing or carry out any other activity in the fishery

waters until the amount of the penalty has been paid in full;
(b) be deemed to have consented to any seizure which took place in

accordance with this Act in relation to the offence subject to the
Summary Administrative Proceedings, and to have waived any right to
a probable cause hearing.

(3) Summary Administrative Proceedings shall be null and void if the full amount
of the penalty as determined by the Fisheries Officer under subsection (1) or
(2) is not paid within 3 days of notification of such penalty assessment to the
person subject to the proceedings, and the matter shall immediately revert to
the Senior Magistrate’s Court.

(4) In Summary Administrative Proceedings for any violation, the Fisheries
Officer shall take into account any report that may be prepared by the
Attorney General as to the details of the offence or offences and applicable
fine or penalty levels.

(5) On payment of the penalty in full under this section, the Fisheries Officer may
order the release of any article seized under this Act or the proceeds of sale of
such article on such conditions as he or she may determine.

(6) Summary Administrative Proceedings for any violation shall, except as
provided in this Act for subsequent offences, be satisfied upon the payment of
one half of the maximum fine set for such violation, and notified in writing,
under the signature of all parties, to the court.

(7) The Fisheries Officer may order that any item used or involved in respect of
the offence be seized, confiscated or forfeited, but shall not impose a term of
imprisonment in Summary Administrative Proceedings.

(8) A decision taken or order given by the Fisheries Officer pursuant to this
section is final and binding.

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(9) A person who engages in fishing or other activity proscribed by subsection (2)
while prohibited from so doing, or who violates a valid order pursuant to the
terms of this section shall be liable on conviction to a fine of $100,000, and in
addition to such further legal proceedings under this Act, whether or not by
summary legal proceedings, as the Attorney General may determine.

72 Liability for non-payment of Penalties
All pecuniary penalties not specifically designated as fines and all forfeitures
incurred under or imposed pursuant to this Act, and the liability to forfeiture of any
article seized under the authority thereof, and all rents, charges, expenses and duties
and all other sums of money payable under this Act may be sued for, determined,
enforced and recovered by suit or other appropriate civil proceedings in the name of
the Fisheries Officer as the nominal plaintiff; and all such proceedings shall be
deemed to be civil proceedings; and the fact that a bond or other security has been
paid shall not be pleaded or made use of in answer to or in stay of any such
proceedings.

73 Liability for Loss or Damage
A person who commits an offence against this Act may, upon conviction, be liable
for any loss or damage caused by the offence and the amount of the loss of such
damage may be awarded by the court as restitution in addition to, and recovered in
the same manner as a fine.

74 Certificate Evidence
The Fisheries Officer or any person designated in writing by him may give a
certificate stating that:

(a) a specified vessel was or was not on a specified date or dates a local
fishing vessel or a foreign fishing vessel;

(b) a specified vessel or person was or was not on a specified date or dates
the holder of any specified license, authorisation or certificate of
registration;

(c) an appended document is a true copy of the license or certificate of
registration for a specified vessel or person and that specified
conditions were attached to such document;

(d) a particular location or area of water was on a specified date or dates
within the fishery waters, or within a closed, limited, restricted or in
any other way controlled area of the fishery waters, or an area of the
fishery waters subject to specified conditions;

(e) an appended chart shows the boundaries on a specified date or dates of
the fishery waters, territorial sea, closed or limited areas or other areas
or zones delineated for any specified purpose;

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(f) a particular item or piece of equipment is fishing gear;
(g) the cause and manner of death of or injury to any fish;
(h) an appended document is a true copy of an approved charter agreement,

an access agreement or fisheries management agreement;
(i) a call sign, name or number is that of or allotted under any system of

naming or numbering of vessels to a particular vessel;
(j) a particular position or catch report, a copy of which is appended, was

given in respect of a specified vessel.

75 Validity and Procedures for Certificates
(1) Unless the contrary is proved, a document purporting to be a certificate given

under section 74 shall be deemed to be such a certificate and to have been
duly given.

(2) Where a certificate issued under section 74 is served upon a defendant seven
or more days before its production in court in any proceedings under this Act,
the certificate shall, unless the contrary is proved, be sufficient evidence of all
the facts averred in it.

(3) Where a certificate issued under section 74 is served upon a defendant
fourteen or more days before its production in court and the defendant does
not, within seven days of the date of service, serve notice of objection in
writing upon the prosecutor, then the certificate shall, unless the court finds
the defendant is unduly prejudiced by any failure to object, be conclusive
proof of all the facts averred in it.

(4) Where any objection is notified under subsection (3) the certificate shall,
unless the contrary is proved, be sufficient evidence of all the facts averred in
it.

(5) A certificate issued under section 74 shall be “Certificate Made Under section
74, Marine Resources Act”.

(6) An omission from or mistake made in any certificate issued under section 74
shall not render it invalid unless the court considers such omission or mistake
is material to any issue in the proceedings concerned, or the defendant is
unduly prejudiced by it.

(7) Where in any proceedings a certificate made under section 74 is produced to
the court, the prosecution shall not be obliged to call the maker of the
certificate and the court shall, where material, rely on the facts therein unless
the contrary is proved.

76 Certificate as to the Location of a Vessel
(1) Where in any proceedings under this Act the place or area in which a vessel is

alleged to have been at a particular date and time or during a particular period

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of time is material to an offence charged then a place or area stated in a
certificate given by an authorised officer or authorised observer shall be
evidence, unless the contrary is proved, of the place or area in which the
vessel was at the date and time or during the period of time stated.

(2) An authorised officer shall in a certificate made under subsection (1) state —
(a) his name, address, official position, country of appointment and

provision under which he is appointed;
(b) the name and, if known, call sign of the fishing vessel concerned;
(c) the date and time or period of time the vessel was in the place or area;
(d) the place or area in which it is alleged the vessel was located;
(e) the position fixing instruments used to fix the place or area stated in (d)

and their accuracy within specified limits;
(f) a declaration that he checked the position fixing instruments a

reasonable time before and after they were used to fix the position and
they appeared to be working correctly; and

(g) if a position fixing instrument which is not judicially recognised as
notoriously accurate or a designated machine is used, a declaration that
he checked the instrument as soon as possible after the time concerned
against such instrument.

(3) Section 75 shall apply to a certificate given under this section as if it had been
a certificate given under section 74 and any reference in it to section 74 shall
be read as a reference to this section.

(4) For the purposes of this Act “authorised officer” shall include surveillance
officers and those charged with similar responsibilities in other countries.

77 Photographic Evidence
(1) Where a photograph is taken of a fishing or related activity and

simultaneously the date and time and position from which the photograph is
taken are superimposed upon the photograph, or the date, time and position
are certified on the photograph by an authorised officer and observer, then it
shall be presumed unless the contrary is proved that the photograph was taken
on the date, at the time and in the position so appearing.

(2) The presumption set out in subsection (1) shall arise only if:
(a) the camera taking the photograph is connected directly to the

instruments which provide the date, time and position concerned; and
(b) the photograph was taken by an authorised officer or an authorised

observer.

(3) An authorised officer or authorised observer who takes a photograph of the
kind described in subsection (1) may give a certificate appending the
photograph stating:

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(a) his name, address, official position, country of appointment and
authority under which he is appointed;

(b) the name and call sign, if known, of any fishing vessel appearing in the
photograph;

(c) the names of the camera, watch or clock or other instruments supplying
the date and time and the position fixing instrument and a declaration
that he checked those instruments at a reasonable time before and after
the taking of the photograph and that they all appeared to be working
correctly;

(d) the matters set out in subsection (2)(a);
(e) the accuracy of the fixing instrument used within specified limits;
(f) the maximum possible distance and the direction of the subject of the

photograph away from the camera at the time the photograph was
taken.

(4) Section 75 shall apply to a certificate given under this section as if it had been
a certificate given under section 74 and any reference therein to section 74
shall be read as a reference to this section.

78 Presumptions
(1) All fish found on board any fishing vessel which has been used in the

commission of an offence under this Act shall be presumed to have been
caught during the commission of that offence, unless the contrary is proved.

(2)
(a) Where, in any legal proceedings under this Act, the place in which an

event is alleged to have taken place is in issue, the place stated in the
relevant entry in the logbook or other official record of any
enforcement vessel or aircraft as being the place in which the event
took place shall be presumed to be the place in which the event took
place, unless the contrary is proved.

(b) Prima facie evidence of an entry in a logbook or other official record of
an enforcement vessel or aircraft may be given by the production of a
written copy or extract of the entry certified by an authorised officer as
a true copy of accurate extract.

(3) Where in any legal proceedings relating to an offence under this Act:
(a) an authorised officer gives evidence of reasonable grounds to believe

any fish to which the charge relates were taken in a specified area of the
fishery waters;

(b) the court considers that, having regard to that evidence the grounds are
reasonable;

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all the fish shall be presumed to have been so taken, unless the contrary is
proved.

(4) Where in any legal proceedings for an offence under this Act:
(a) an authorised officer gives evidence of reasonable grounds to believe

that any fish to which the charge relates were taken by the use of a
driftnet;

(b) the court considers that, having regard to the evidence, the grounds are
reasonable;

all the fish shall be presumed to have been so taken, unless the contrary is
proved.

(5) Where an information is given in respect of a fishing vessel under this Act or
an access agreement in relation to a fishing activity of a foreign fishing vessel,
it shall be presumed to have been given by the master, owner and charterer of
the vessel concerned, unless it is proved it was not given or authorised to be
given by any of them.

(6) An entry in writing or other mark in or on a log, chart or other document
required to be maintained under this Act or used to record the activities of a
foreign fishing vessel shall be deemed to be that of the master, owner and
charterer of the vessel.

(7)
(a) A position fixing instrument on board a vessel or aircraft used for the

enforcement of this Act shall be presumed to be accurate.
(b) For the purposes of this section, a position fixing instrument shall be

deemed to be any device which indicates the location of a vessel,
including but not limited to any satellite navigation system or global
positioning system.

79 Burden of Proof
(1) Where, in any proceedings under this Act, a person is charged with having

committed an offence involving an act for which a license or other permission
is required, the burden shall be on that person to prove that at the relevant
time the requisite license or permission was held.

(2) Where a person is charged with the contravention of section 55, the burden
shall be on that person to prove that the information given was true, complete
and correct.

80 Destruction of Evidence
Any person who destroys, throws overboard, conceals or abandons any fish, fish
product, fishing gear, net or other fish appliance, record, document, electric shock
device, explosive, poison or other noxious substance, or any other thing with intent

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to avoid seizure or the detection of an offence against this Act or an applicable
access agreement shall be liable upon conviction to a fine of $10,000 and to
imprisonment for one year.

PART X - FORFEITURE AND DISPOSITION OF SEIZED OR
CONFISCATED PROPERTY

81 Forfeiture of Property
(1) Where a person is convicted of an offence against this Act the court may, in

addition to any other penalty it may impose, order that any vessel including its
fishing gear, furniture, appurtenances, stores, equipment, cargo and aircraft,
and all or part of any fish, fish product, fishing gear, vehicle, aircraft or other
item used in or connected with the commission of any act prohibited by this
Act, and where any fish seized in connection with the offence have been sold
in accordance with section 82, the proceeds of the sale of the fish, may be
forfeited to the Government, and if so forfeited such property shall be
disposed of in such manner as the Minister may direct.

(2) The court shall have jurisdiction, upon application by the Attorney General or
the Fisheries Officer on behalf of Tuvalu to order any forfeiture authorised
under subsection (1).

(3) If forfeiture is ordered in accordance with this section, the Attorney General
shall seize any property or other interest declared forfeited to the Government,
which has not previously been seized pursuant to this Act.

(4) The forfeited item or items may be sold and the proceeds deposited in the
consolidated fund of Tuvalu.

(5) Pending completion of any legal proceedings under this Act, the item or items
subject to forfeiture, or any part thereof, may be released at the discretion of
the court upon deposit with the court of a satisfactory bond, surety or other
security at least equal to the fair market value of the seized property.
Exoneration of such bond, surety or other security shall be conditional upon
return of the released property to the appropriate court upon order, without
any impairment of its value, or by paying the monetary value of the released
property upon order of the court. Such bond, surety or other security shall be
forfeited in the event that any condition is breached as shall be determined by
the court, and judgment shall be recoverable by the court against the principal
of any surety for any such breach.

(6) In the event there is an appeal from an order for forfeiture, the Court may
continue any such bond, surety or other security deposited in accordance with
subsection (5) during the pending of the appeal and any retrial or rehearing on
remand or may require additional security to be deposited with the court.

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82 Disposition of Seized or Confiscated Fish or Fish Products
(1) The Fisheries Officer or his designee may sell any perishable fish or fish

products that have been seized or confiscated pursuant to this Act. If he or she
made all reasonable efforts to sell them but was unable to do so, or where they
are unfit to be sold, he or she may dispose of them as he or she may think fit.
The proceeds of any sale shall be deposited in trust with the court pending the
final disposition of any proceeding under this Act.

(2) The Fisheries Officer shall notify the owner or apparent owner of the
perishable goods seized of the sale, and such owner or his or her nominee may
be present at the sale.

83 Disposition of Forfeited or Seized Goods
(1) Notwithstanding any other provision of this Act, any vessel, vehicle, aircraft

or other item ordered to be forfeited under this Act may be disposed of in such
manner as the Minister may decide after the expiration of the time provided
for the filing of a Notice of Appeal.

(2) A vessel, vehicle, aircraft or other item seized under this Act but not forfeited
in any legal proceedings may be held by the Government until all fines, orders
for costs and penalties imposed under this Act have been paid, and failing
payment within the time allowed to be sold and the balance of the proceeds
returned to the owner or apparent owner in accordance with this Act after
deduction of all fines, orders for costs, penalties imposed under this Act and
costs of sale.

(3) Where no fines, orders for costs or penalties referred to in subsection (2) are
payable or owing, any vessel, vehicle, aircraft or other item seized under this
Act which is not ordered to be forfeited shall be returned to its owner or
apparent owner.

84 Unlawful Removal of Item in Custody
(1) When any vessel, vehicle, aircraft or other item held or forfeited under this

Act has been unlawfully removed from the custody of Tuvalu, it shall be
liable to seizure at any time within the jurisdiction of Tuvalu.

(2) No person shall remove any vessel, vehicle, aircraft or other item held under
this Act in custody whether or not he knew that the vessel, vehicle, aircraft or
other item was held in custody.

(3) A person who contravenes subsection (2) shall be liable on conviction to a
fine of $100,000 and the full market value of the vessel, vehicle, aircraft or
other item.

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85 Liability for Property in Custody
(1) The Government shall not be liable to any person for any loss, damage or

deterioration in the condition of any vessel, vehicle, aircraft, fishing gear or
other property which is in its custody under this Act, and all costs of
maintaining such property while in custody including full insurance coverage
shall, unless otherwise provided, be borne by the operator upon a finding
pursuant to this Act that such property was used in or connected with a
violation of this Act.

(2) Any person who does not maintain the property properly in accordance with
subsection (1) shall be liable on conviction to a fine of $100,000.

86 Release of Seized Goods
(1) The court may, on application, order the release of any fishing vessel, vehicle,

aircraft or other items seized under this Act on receipt of such bond or other
form of security as it may determine.

(2) In determining the value of the bond or other form of security, the court shall
have regard to the aggregate amount of the value of the property to be
released, an estimated total fine or other penalty provided for the offences
charged or likely to be charged and the costs the prosecution would be likely
to recover if a conviction were entered, and may set the value at such
aggregate amount.

(3) Notwithstanding the provisions of subsection (2), the amount determined by
the court under this section shall be not be less than the fair market value of
the property to be released or the aggregate minimum fine or penalty for each
offence charged, whichever is greater.

(4) Where a vessel, vehicle, aircraft or other item seized is released upon the
lodging of a bond or other form of security under subsection (1), the court
shall in the order state separately the sums which are attributable to the
property to be released, the total fine or fines and the likely costs.

(5) The release of a bond or other form of security under this section shall be
conditional upon:
(a) a finding by the court that the vessel, vehicle, aircraft or other item has

not been used in or connected with in the commission of an offence
under this Act; or

(b) where the court finds that the vessel, vehicle, aircraft or other item has
been used in or connected with the commission of an offence under this
Act:
(i) payment in full within 30 days of the judgment of the court of

any fine imposed by the court and any costs ordered to be paid
by the court; and

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(ii) where the court so orders, delivery to the court of the vessel,
including its fishing gear, furniture, appurtenances, stores and
cargo, and of any fish ordered to be forfeited without any
impairment of their value, or payment of the monetary value
thereof as determined by the court.

(6) Nothing in subsection (1) shall require the court to release any vessel, vehicle,
aircraft or other item if it might be required as an exhibit in court proceedings
or is reasonably required for any further investigations of offences against this
Act.

87 Holding of Seized Goods
(1) A vessel, vehicle, aircraft or other item seized under this Act or any bond or

other security or net proceeds of any sale in respect thereof shall be held by
the Government pending the outcome of any legal proceedings under this Act
or until it is decided not to file an information or complaint, and any penalties
imposed under this Act have been fully paid.

(2) Where a vessel, vehicle, aircraft or other items seized under this Act, or any
bond, security or net proceeds of sale in respect thereof is not forfeited or
applied in the discharge of any fine, order for costs or penalty imposed under
this Act, it shall be made available for collection by the registered owner or
his nominee or, in the absence of such person, the person who appears entitled
to it.

(3) Where a vessel, vehicle, aircraft or other item has been released upon the
lodging of a bond or security an order for forfeiture shall, unless the court for
special reasons fixes a smaller sum, operate as an order for forfeiture of the
bond or security.

(4) Where a vessel, vehicle, aircraft or other items has been released upon the
lodging of a bond or security, the court may order any convicted defendant
and the owner of the vessel, vehicle, aircraft or other item concerned, whether
or not he is a defendant, to pay the difference between the bond or amount
lodged in respect of the forfeited property and the aggregate value of the
forfeited property.

88 Application of Bond, etc
A bond, security or net proceeds of sale held in respect of a vessel, vehicle or
aircraft or other item shall be applied as follows and in this order:

(a) the discharge of any forfeiture ordered under this Act;
(b) the payment of all fines or penalties for offences against this Act or

penalties imposed under this Act arising out of the use of or in
connection with the vessel, vehicle, aircraft or other item;

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(c) the full satisfaction of all costs involved in maintaining and keeping
secure the vessel and its equipment during legal proceedings;

(d) the discharge of all orders for costs in proceedings under this Act
arising out of the use of or in connection with the vessel, vehicle,
aircraft or other item;

(e) return as provided in this Act.

PART XI - GENERAL

89 Subsequent Offences
A person who commits the same offence under this Act more than once shall:

(a) be required to pay the maximum fine required under this Act for the
second and any subsequent offences;

(b) have any applicable license or permit suspended for a period up to six
months.

90 Banning Order
In addition to any other fine or penalty provided under this Act, the court may order
any person to be banned from fishing in the fishery waters for a period up to three
years if that person has committed multiple offences against this Act.

91 Continuing Violations
Each day of a continuing violation under this Act may be considered a
separate offence.

92 Release and Imprisonment under Multilateral Access Agreement
Notwithstanding any other written law or the powers of any court, and in accordance
with any applicable multilateral access agreement —

(a) the operator and any crew member of any fishing vessel which holds a
valid and applicable license under such agreement shall be promptly
released from pre-trial custody in relation to an offence amounting to a
breach of the access agreement upon entry into a bond of recognisance
with or without sureties for a reasonable amount to appear before the
appropriate court at a stated time and place and subject to such
conditions as are stated in the bond or recognisance;

(b) the fishing vessel holding a valid and applicable license under such
agreement, together with its equipment, stores and cargo, shall be

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promptly released if the operator or another person enters into a
reasonable bond or other security for a reasonable amount for the
vessel, equipment, stores and cargo to be delivered back to the custody
of an authorised officer at a stated time and place, and the release of the
vessel, equipment, stores and cargo shall be subject to such conditions
as are stated in the bond;

(c) the operator or any of the crew of a fishing vessel holding a valid and
applicable license under such agreement shall not be liable to
imprisonment on conviction for an offence under this Act if the offence
is a fishing violation.

93 Rewards
The court may order to be paid out of any fine or penalty for contravention of any of
the provisions of this Act such reward as the court thinks fit and proper to any
person, not being a person employed for the purpose, who has given information
which led to the conviction of the offender, provided that such reward shall not
exceed five percent of the amount of the fine or $2,000, whichever is lesser, and
where more than one individual is involved the court may order that such total
amount be shared among them as it thinks fit.

94 Immunities
No civil or criminal action shall lie against the Minister, the Fisheries Officer, any
employee, authorised officer or authorised observer or any other person appointed
pursuant to this Act with respect to anything done or omitted to be done by him in
pursuance or intended pursuance of the powers or functions conferred on him or her
by or under this Act, whether on the ground of want of jurisdiction, mistake of law
or fact, or on any other ground, unless he has acted, or omitted to act, in bad faith
without reasonable cause.

95 Confidentiality of Information
(1) A person carrying out duties or responsibilities under this Act, shall not,

unless authorised in accordance with this Act, reveal information or other data
of a confidential nature acquired by virtue of their authority, duties and
responsibilities to any person not having such authority or carrying out such
duties and responsibilities.

(2) The Fisheries Officer may designate any information as confidential, and in
doing so may also exempt general summaries of aggregated information from
confidentiality requirements.

(3) The Fisheries Officer may authorise in writing a person to:
(a) receive or access confidential information;

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(b) access or restrict access to such premises holding confidential
information as he may designate.

(4) Notwithstanding subsection (2), the following information shall be
confidential:
(a) any information or data of a commercial nature provided in records,

returns, or other documents required under this Act;
(b) any information or other data supplied by a vessel monitoring system in

accordance with this Act;
(c) such other information or data as may be prescribed from time to time.

(5) Information may be disclosed to the extent:
(a) that disclosure is authorised or required under this Act or any other law;
(b) that the person providing the information authorised its disclosure;
(c) necessary to enable the Fisheries Officer to publish statistical

information relating to the fisheries sector; or
(d) necessary to enable advice to be given to the Minister.

(6) The Fisheries Officer may authorise the release of any information supplied
by a vessel monitoring system relating to the position of any vessel, upon
request, to the responsible authority for purposes including surveillance,
search and rescue and other emergency, and may authorise the release of such
other confidential information for such purposes as may be prescribed.

(7) A person who violates the requirements this section commits an offence and,
in addition to any penalty, his appointment or other authority under this Act
may be reviewed and terminated by the appropriate authority.

96 Regulations
The Minister may make regulations for the purpose of carrying out the provisions of
this Act, and without prejudice to the generality of the foregoing, may regulate the
following matters:

(a) the training of fishers, and fishery personnel;
(b) the conservation and management of all species of fish, including by:

(i) establishing closed seasons for any area of the fishery waters or
any species of fish which may be caught, bought or sold;

(ii) limiting the amount, size or weight of fish or any species of fish
which may be caught, bought or sold;

(iii) designating prohibited fishing areas for all fish or certain species
of fish or certain methods of fishing;

(iii) prohibiting or restricting certain types of fishing gear or methods
of fishing;

(iv) specifying minimum mesh sizes for fishing nets;

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(c) the procedure for issuance of licenses and permits, including all
relevant forms;

(d) the conditions and procedures to be observed by foreign fishing vessels
and other vessels carrying out activities related to fishing while within
the fishery waters;

(e) organisation and management of sport fishing;
(f) conditions for the development of fish farms and the importation of live

fish including:
(i) the quality, control and use of water;
(ii land or marine use and siting of aquaculture or mariculture

facilities;
(iii) fish species to cultivate;
(iv) construction of ponds;
(v) pollution and related matters;
(vi) importation of live fish;
(vii) protection against poaching;
(viii) dangerous chemicals;

(g) marketing, distribution and export of fish and fish products;
(h) methods and procedures to be adopted and the substances to be used in

storage and processing;
(i) the inspection of fishing vessels and other vessels, vehicles, aircraft or

establishments involved in activities falling within this Act, and any
fish, fishing gear, documents or other item found thereon or therein;

(j) minimum standards for the merchantable quality of fish and fish
product;

(k) methods of analysis of fish and fish products;
(l) exemption of fishing vessels or fish processing establishments from any

provisions of this Act;
(m) prohibition of the use of practices, methods, equipment, apparatus,

materials or substances likely to be injurious to the maintenance and
development of fish stocks in the fishery waters;

(n) marine scientific research;
(o) anything required to be prescribed by this Act;
(p) the provisions of penalties for contraventions of such regulations, such

penalties to exceed imprisonment for a period up to 6 months or a fine
not exceeding $100,000; and

(q) the requirements for fisheries maritime surveillance specifically:
(i) the resources required from assisting Tuvalu Ministries;
(ii) the frequency of fisheries maritime surveillance activities; and

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(iii) the implementation of annual maritime surveillance plan.

97 Severability
If any provision of this Act or amendments or additions thereto, or the application
thereof to any person, thing or circumstance is held invalid, the invalidity does not
affect the provisions, application, amendments or additions that can be given effect
without the invalid provisions or application, and to this end the provisions of this
Act and the amendments or additions thereto are severable.

98 Repeal and Savings
(1) The following enactments are repealed in their entirety:

(a) Fisheries Ordinance, 1978, as amended;
(b) The Fisheries (Foreign Fishing Vessel) Regulations, 1982;
(c) Foreign Fishing Vessels Licensing (U.S Treaty) Order 1987.

(2) Notwithstanding the repeal of the Fisheries Ordinance 1978, as amended, all
regulations, orders and notices made or given, and agreements issued or made
under it, shall except so far as they are inconsistent with this Act, continue to
have effect as though made, given or issued under this Act.



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ENDNOTES


1 Act 6 of 2006
2 Cap. 48.24
3 Cap. 4.08
4 Cap. 48.24
5 By proclamation made under section 2 of the Fisheries Ordinance 1978 (repealed by the Marine

Resources Act but possibly saved by the operation of section 98 (2)) and published as
LN 16/1978, the following was proclaimed –

“The following fishery limits have been proclaimed-

1. With effect from the 1st day of January 1979 the fishery limits of Tuvalu shall be a line drawn
so that each point thereon is two hundred (200) nautical miles measured from the low -water
mark of the seaward side of the reef fronting the coast of any island in Tuvalu or bounding any
lagoon waters adjacent to such coast or, when a reef is not present, from the low-watermark of
the coast itself:

Provided that in the event of such line intersecting a line drawn similarly by any other State or
Territory, the fishery limits of Tuvalu shall be a median line (or such other line as may be agreed
between the Government of Tuvalu and such State or Territory) drawn between the limits of the
territorial waters of Tuvalu and the territorial waters of such a State or Territory.

2. Her Majesty will exercise the same exclusive rights in respect of fisheries within the said
fishery limits as she has in respect of fisheries in the territorial waters of Tuvalu, subject to such
provision as may be made by law for the control and regulation of fishing within the said limits.”

6 Cap. 4.08
7 Cap. 48.12