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'Title 51 (Fisheries) (Amendment) Act 2011

NITIJELA OF THE MARSHALL ISLANDS

32^ND CONSTITUTIONAL REGULAR SESSION, 2011

BILL NO:100ND1

P.L. 2011 – 63

'TITLE 51 (FISHERIES) AMENDMENT ACT OF 2011

AN ACT

to amend certain provisions under Title 51 of the Marshall Islands Revised Code, namely the Marshall Islands Marine Resources Act 1997 (51 MIRC Ch.1), the Fisheries Act (51 MIRC Ch.2), Fishing Access and Licensing Act (51 MIRC Ch. 4) and the Fisheries Enforcement Act (51 MIRC Ch.5), in order to address certain gaps, and to modernize such laws in light of recent development in international, regional, and sub-regional fisheries law.

BE IT ENACTED BY THE NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS:

Section 1. Short Title.

This Act may be cited as the 'Title 51 (Fisheries) Amendment Act, of 2011.

Section 2. Amendments to the Marshall Islands Marine Resources Act, 1997 (51 MIRC Ch.1).

(1) Section 102 of the Marshall Islands Marine Resources Act, 1997 is hereby amended as follows:

(a) By Inserting the following:

"In this Title", (to provide for the context in which the definitions in Section 102 are to be read");

(b) By inserting the following new definitions as follows:

"Areas beyond the Fishery Waters" means areas of high seas and any other waters under the jurisdiction of another coastal State;

"competent Authority" means the Authority exercising the functions in accordance with §119(1)(g) of this Title;

"export" means to:

(a) send or take out of the country;

(b) attempt to send or take out of the country;

(c) receive on account or consignment for purposes of (a) or (b);

(d) act as an agent for another person for purposes of (a) - (c);

(e) carry or transport anything for purposes of (a) - (d);

(f) send to another country after transshipment at port;

"fish" means any aquatic plant or animal, whether piscine or not; and included any oyster or other mollusk, crustacean, coral, sponge, holthurian (bech-de-mer), or other echinoderm turtle and marine mammal, and includes their eggs, spawn, spat and all juvenile stages and any of their parts;

"fish processing establishment” means any place where fish are cut up, dismembered, cleaned, sorted, loined, canned, dried, gutted, salted, iced, chilled, frozen or otherwise preserved or processed for sale;

"fish product" means any product in which fish is an ingredient or component.

"Historic preservation site" has the same meaning as in the Historic Preservation Act 1991;

"international conservation and management measures" mean a measure to conserve and manage one or more species of living marine resources that is adopted and applied, in accordance with the relevant rules of international law;

"Illegal fishing" means fishing activities: (a) conducted by national or foreign vessels in waters under the jurisdiction of a State, without the permission of that State, or in contravention of its laws and regulations; or (b) conducted by vessels flying the flag of States that are parties to a relevant regional fisheries management organization but operate in contravention of the conservation and management measures adopted by that organization and by which the States are bound, or relevant provisions of the applicable international law; or (c) in violation of national laws or international obligations, including those undertaken by cooperating States to a relevant regional fisheries management organization;

'Marshall Islands Record of Fishing Vessels' means The Record established under §503 of this Title;

"Mobile Transceiver Unit" means a device approved by the Authority and placed on a fishing vessel that transmits, either in conjunction with another device or devices or independently, information concerning the position, fishing and such other activities of the vessel as may be required;

"unreported fishing" means fishing activities which have not been reported, or have been misreported, to the relevant national authority, in contravention of national laws and regulations; or undertaken in the area of competence of a relevant regional fisheries management organization which have not been reported or have been misreported, in contravention of the reporting procedures of that organization;

"unregulated fishing" means fishing activities (a) in the area of application of a relevant regional fisheries management organization that are conducted by vessels without nationality, or by those flying the flag of a State not party to that organization, or by a fishing entity, in a manner that is not consistent with or contravenes the conservation and management measures of that organization; or (b) in areas or for fish stocks in relation to which there are no applicable conservation or management measures and where such fishing activities are conducted in a manner inconsistent with State responsibilities for the conservation of living marine resources under international law;

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

"owner" in relation to a fishing vessel or a fish processing establishment means any person exercising of 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 and includes a person who is the owner jointly with any other person or persons and any manager, director or secretary of any body, corporate or company;

"sport fishing" means the use or hiring out of a fishing vessel or services thereof for recreational fishing purposes, but does not include commercial fishing;

"vessel monitoring system information"' means all data and information generated, obtained or collected in respect to the operation of the vessel monitoring system as required under this Title;

(2) Section 119 of the Marshall Islands Marine Resources Act, 1997 is hereby amended read as follows:

§119. Powers and Functions of the Authority.

(1) Unless otherwise provided in this Title, the Authority shall have the exclusive powers and functions to:

(a) conserve, manage and sustainably develop all resources in the Fishery Waters and seabed and subsoil there-under, in accordance with the principles and provisions in this Title and in sub-regional, regional and international instruments to which the Republic of the Marshall Islands is party;

(b) establish management plans and programs to manage the resources in the Fishery Waters;

(c) issue licenses in accordance with this Title;

(d) issue licenses for the exploration and exploitation of the seabed and subsoil of the Fishery Waters;

(e) negotiate and conclude access agreements and fisheries management agreements on behalf of the Government in accordance with Article V, Section 1(d) of the Constitution and Part I of Chapter 4 of this Title;

(f) implement by regulation or otherwise as appropriate access agreements or fisheries management agreements to which the Republic of the Marshall Islands is party;

(g) act as the Competent Authority for the purpose of implementing the international fisheries and related obligations of the Marshall Islands;

(h) coordinate and manage fisheries monitoring, control and surveillance and, consultation with the Attorney-General, enforcement of this Title;

(i) appoint authorized officers and observers in accordance with this Title;

(j) cooperate in the conservation and management of highly migratory fish stocks as appropriate with other coastal States in the region and States fishing in the region and high seas area and participate in appropriate sub-regional, regional and international organizations or arrangements relating to fisheries;

(k) participate in the planning and execution of projects, programs or other activities related to fisheries or fishing, or the exploration or exploitation of the nonliving resources of the Fishery Waters, seabed or subsoil there under, in which the Government or any agency or instrumentality that has a proprietary interest, direct or indirect, by way of stock ownership, partnership, joint venture or otherwise;

(l) regulate the processing, marketing and export of fish and fish products;

(m) seek technical assistance for the determination of the Fishery Waters zones and boundaries;

(n) submit the budget and a report regarding the expenditure of its funds to the Nitijela on an annual basis; and

(o) perform such other duties and functions as may be necessary to carry out the purposes and provisions of this Title.

(2) The Authority shall, in exercising its powers and functions, cooperate with other agencies of the Government with competence, given under authority of law, in any related area.

(3) Section 119 of the Marshall Islands Marine Resources Act, 1997 is further amended by inserting new provisions as follows:

§119A. Giving effect to international conservation and management measures and international agreements.

(1) The Authority may, for the purpose of giving effect to decisions of a regional fisheries management organization or arrangement to which the Marshall Islands is a member, make such regulations or attach such conditions to a permit, license or authorization to fish as the Authority may consider necessary or expedient for this purpose.

(4) Section 120 of the Marshall Islands Marine Resources Act is hereby amended as follows:

§120. Power to make regulations and standards.

(1) Subject to the provisions of this Title, the Authority may make regulations and standards to carry out the purposes and provisions of this Title, and in particular but without restricting the generality of the foregoing, may adopt regulations in relation to:

(a) the conservation, management and sustainable development of fish in the Fishery Waters, including but without restricting the generality of the foregoing the catching, loading, landing, handling, transporting, possession, inspection, disposal and export of fish;

(b) related activities in the Fishery Waters

(c) the operation of fishing vessels or any other vessel which may enter the Fishery Waters for any purpose which falls within this Title;

(d) the use and protection of fishing gear and equipment, including fish aggregating devices and artificial reefs;

(e) licensing for fishing, fish processing establishments and other activities falling within this Title;

(f) pollution or the environmental quality of the Fishery Waters;

(g) fisheries monitoring, control and surveillance;

(h) prescribing the powers and duties of persons engaged in the administration or enforcement of this Title and providing for the carrying out of those powers and duties;

(i) compliance by citizens and fishing vessels entitled to fly the flag of the Marshall Islands which engage in fishing outside the Fishery Waters with applicable laws of other States or regional fisheries management organizations or arrangements, and applicable access agreements or fisheries management agreements;

(j) prescribing any other matter to carry out the purposes and provisions of this Title.

(k) the processing of fish and fish products

(l) the export of fish and fish products.

(2) In promulgating regulations the Authority shall comply, mutatis mutandis, with the procedures Cabinet is required to take in promulgating regulations under the Administrative Procedures Act, 1994.

(3) Any regulation promulgated by the Authority in accordance with this Title shall have the full force and effect of law, and shall form an integral part of this Title.

Section 3. Amendments to the Fisheries Act (51 MIRC Ch.2)

(1) Inserting a new subsection (4) in section 208 as follows:

"(4) Any person who contravenes measures pursuant to this section commits an offence and shall be liable to a fine of not less than five thousand ($5,000) and not exceeding one hundred thousand ($100,000), to which fine shall be added an amount equivalent to the current retail value of the fish, fish product or other marine resources obtained in contravention of the measure, in the market for which it is destined, or be imprisoned up to six months or both."

(2) Section 227 is amended as follows:

§227. Export of live fish, fish product or other marine resources.

(1) No person shall:

(a) export any live fish, live rock or viable fish eggs or spawn taken from the Fishery Waters;

(b) export any fish or fish product caught in the Fishery Waters, unless it is exported for personal consumption by immediate family members, does not exceed a total of 100 pounds and is not intended for commercial resale;

without meeting the requirements of this Title in relation to licensing, certification and any other prior written permission of the Authority, or as may be otherwise required by the Authority or prescribed by regulation.

(2) Any person undertaking activities in contravention of subsection (1) commits an offense and shall be fined not more than one hundred thousand ($100,000) 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 be imprisoned up to 6 months, or both.

(3) Inserting a new section as follows:

§227A. Certification of fish and fish products.

No operator or business may export fish or fish products without an accompanying health certificate on a form approved by the Authority.

(4) Inserting new Part III immediately following Section 227A to read as follows:

PART III: FISHING ACTIVITIES AFFECTING AREAS DESIGNATED AS HISTORIC SITES.

§228. Prohibition Against Fishing Activities in Areas Designated As Historic Preservation Sites.

(1) No person shall engage in any fishing activity within 500 meters of any marine area designated under the Historic Preservation Act, 1991, as a 'historic site', or adversely interfere with a 'Landmark' or 'cultural historic property' within the meaning of the Historic Preservation Act, 1991, that may be located on, or within any fishing grounds.

(2) A person who contravenes Sub-section (1) of this Section, shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding fifty thousand ($50,000) or a term of six (6) months imprisonment, or both.

(5) Inserting new Part, PART IV, immediately following Section 228 to read as follows:

"PART IV. PROHIBITION ON SHARK

§229. Prohibition of Commercial Shark Fishing

Commercial Shark fishing is hereby prohibited as a target fishery in the Republic of the Marshall Islands Fishery waters.

§229A. Prohibition of taking of sharks, possession, sale and trade.

(1) No person shall catch, capture or intentionally engage in fishing for shark or any part thereof or intentionally remove the fins or the tail of any shark or otherwise mutilate or injure any shark within the land or fisheries waters of the Republic of the Marshall Islands.

(2) Notwithstanding subsection (1):

(a) Any person who holds a license or permit from the Marshall Islands Marine Resources Authority to conduct research on sharks and carries out activities in accordance with that license or permit shall not be subject to the penalties in this section.

(b) Fishing for shark for subsistence use is permitted provided that no person shall harvest shark that have been declared as protected species. The Authority may make Regulation imposing catch limit on all or certain species.

(3) Any shark that is inadvertently caught or captured, subject to subsection (2), shall be immediately released, whether the shark is dead or alive. No shark shall be retained even if caught as bycatch.

(4) No person shall possess, receive, sell, transfer, store or have on board or transship any shark, shark fins or any other part of shark. For the purpose of this subsection it shall be a rebuttable presumption that if any shark or any part of a shark is found aboard a vessel, the shark, or part of a shark, is deemed possessed or transferred in violation of this subsection.

(5) Notwithstanding subsection (4), any person who holds a license or permit from the Marshall Islands marine Resources Authority to conduct research and possesses shark fins in accordance with that license or permit shall not be subject to the penalties in this section.

(6) No person, operator, or Fishing vessel, licensed to fish in the Fishery waters, of the Marshall Islands shall possess, use or caused to use a trace wire The Authority may make regulations and fishing license condition including restrictions on type of fishing gear in order to further reduce the mortality of sharks, in accordance with this Title.

§230. Penalties.

(1) Contravention of provisions of this Part or a regulation promulgated pursuant to this Part, is an offence punishable by a fine of not less than twenty five thousand ($25,000) and not exceeding two hundred thousand ($200,000), and in addition to an amount equivalent to the current retail value of any confiscated shark fin in the market for which it was destined.

(2) Shark fins seized and forfeited pursuant to this Title shall be destroyed by incineration, dumping at sea or any other appropriate means.

Section 4. Amendments to the Fishing Access and Licensing Act (51 MIRC Ch.4)

(1) Section 409 is amended as follows:

§409. Transshipment

(1) The operator of a fishing vessel shall:

(a) not tranship at sea under any circumstances;

(b) provide 72 hours notice to the Authority at 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 transshipment is requested to occur and an undertaking to pay all fees required under the laws of the Republic of the Marshall Islands;

(c) only transship at the time and port authorized by the Director for transshipment;

(d) submit full reports on transshipping on such forms as may be required by the Authority or prescribed by regulation;

(e) not transship without a license;

(f) not transship without the presence of an authorized officer who can confirm the sanitary condition of that transshipment; and

(f) obtain certification for the products being transshipped in accordance with this Act.

(2) During transshipment in the Fishery Waters, the foreign party and operator of each vessel shall comply with all applicable laws relating to protection of the environment, including without limitation, sewage holding tank requirements.

(3) Any person undertaking activities in Contravention of subsections (1) or (2) commits an offense and shall be fined not less than twenty five thousand ($25,000), and not exceeding two hundred and fifty thousand ($250,000), to which fine may be added an amount equivalent to the current retail value of the fish or fish product in the market for which it is destined.

(2) Section 410 is amended as follows:

§410. Licenses may be required.

(1) The Authority may require by decision of the Board or by regulation any person or class of persons or vessel, fishing vessel or class of fishing vessels, fish processing establishment or class fish processing establishments to hold a license issued by the Authority for activities described in Section 411, in addition to the requirements in Section 412, but shall exempt from such requirement:

(a) any fishing vessel which holds a valid and applicable license issued pursuant to a multilateral access agreement to which the Republic of the Marshall Islands is party and which designates a licensing authority outside the Republic of the Marshall Islands;

(b) any Citizen engaging in subsistence fishing;

(c) any fish processing establishment processing for domestic, personal or non-commercial use.

(2) The Director shall by written notice inform a Local Government Council if a regulation promulgated pursuant to Subsection (1) applies to its waters.

(3) Any person who uses vessel for fish processing establishment or which a license is required by the Authority under Subsection (1) without a valid and applicable license or in contravention of its terms or conditions, commits an offense and upon conviction shall be fined not more than $100,000 or be imprisoned up to six months, or both.

(3) Section 413 is amended as follows:

§413. License approval and issuance.

(1) The Authority shall be responsible for approving guidelines and/or promulgating regulations governing the issuance of licenses or authorizations pursuant to this Title.

(2) The license or his designee shall be responsible for issuing all licenses or authorizations in accordance with this Title and guidelines issued under Subsection (1), except for licenses which may be required by a Local Government Council unless so requested in writing by such Council.

(3) The Director or his designee shall review each application submitted pursuant to this Title, and may, in his discretion, solicits views from appropriate persons in the Local Government Councils and other stakeholders in the fisheries sector, and hold public hearings where necessary.

(4) Applications for licenses shall be in such form as the Authority may require or as may be prescribed, and shall specify, inter alia:

(a) the name, call sign, country of registration number, regional register number, name and address of the operator, name of the vessel master, bank reference number;

(b) the tonnage, capacity, gear type, processing equipment and such other pertinent information with respect to the characteristics of each vessel as the Authority may require;

(c) if applicable, the access agreement under which such license is sought, and such additional information as the Authority may require or as may be prescribed to implement and enforce the provisions of this Title; and

(d) in the case of fish processing establishments the physical location, intended markets, the species and forms to be processed, preservation methods and other information as governed through Regulation.

(4) Section 414 is amended as follows:

§414. License Denial.

(1) The Director shall notify the applicant of the decision to issue or deny a license within a reasonable time of the dare of receipt of the application.

(2) The Director may approve the application on such terms and conditions and with such restrictions as he or she deems appropriate.

(3) A license, or its renewal, may be denied where:

(a) the application is not in accordance with the requirements of this Title;

(b) the Director is satisfied that information required to be given or reported under this title is false, incomplete or misleading;

(c) the owner or charterer is the subject of proceedings under the bankruptcy laws of any jurisdiction or on reasonable grounds appears unable to meet any financial obligations which could arise from fishing activities and reasonable financial assurances determined by the Authority have not been provided:

(d) the fishing vessel required safety standards;

(e) the fishing vessel required markings; or

(f) where the Director believes the operator is not a fit and proper person.

(5) Section 418 is amended as follows:

§418. Fees and charges.

(1) There shall be payable in respect of every license issued under this Title fees, royalties or other forms of compensation, and a registration charge may also be payable upon application.

(2) The Authority shall determine the fees, royalties or other forms of compensation for licenses issued pursuant to this Title, and other charges it may require in relation to license administration.

(3) In determining the level of fees, royalties or other forms of compensation for licenses for fishing and related activities, the Board shall take the following, inter alia, into account:

(a) the value of the fish species being sought or processed;

(b) the quantify of the species sought or processed;

(c) the efficiency of the gear;

(d) alternative uses of the fishers resources;

(e) the cost of fishery management and development;

(f) the cost of observers;

(g) the cost of inspection and audit of the fish processing establishment;

(h) the development of the local fishery sector;

(i) the cost of fisheries research, administration and enforcement; and

(j) the market situation and external forces.

(4) License fees may be classified, inter alia, according to the value of species sought, and the length overall, gross tonnage, type of gear or other method related to the harvesting potential of the vessel or fishing gear or in the case of fish processing establishments in relation to the methods of processing and/or preservation.

(6) Section 425 is amended as follows:

§425. Fishing or other activity without or in contravention of a license prohibited.

(1) Where a person, establishment or vessel engages in fishing, processing or any other activity described in this Chapter for which a license is required, without a license or contravention of any of its terms or conditions, that person, or, in the case of a vessel, the operator commits an offense and upon conviction shall be fined:

(a) in respect of a citizen not acting on behalf of a business enterprise, not less than twenty thousand ($20,000) and not more than hundred thousand ($100,000) or imprisonment up to 3 months, or both;

(b) in respect of all others, or a person or persons acting for a business enterprise, not less than hundred thousand ($100,000) and not more than one million ($1,000,000)

and such person shall not be permitted to engage in fishing, or processing or any relevant activity, or if a license has been issued it will be suspended, for a period of at least three months from the date of conviction.

Section 5. Amendments to the Fisheries Enforcement Act (51 MIRC Ch.5)

(1) Part I of the Fisheries Enforcement Act is hereby amended as follows:

PART 1 - MEASURES TO COMBAT ILLEGAL, UNREPORTED AND UNREGULATED FISHING

(2) Section 502 of the Act is hereby amended as follows:

§502. Enforcement Responsibility.

(1) The Authority shall have primary responsibility for fisheries enforcement, including:

(a) monitoring, control and surveillance of all fishing operations within and beyond the Fishery Waters in accordance with International law.

(b) the enforcement of this Title;

(c) the inspection, audit and control of processing and export operations; and

(d) the implementation of regional and international obligations with regard to monitoring, control and surveillance measures to combat illegal, unreported and unregulated fishing within and outside the Fishery Waters of Marshal Islands.

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

(3) The Authority may authorize other entities, agencies, officials or persons in the Marshall Islands, foreign government allowances or persons to perform fisheries enforcement functions in collaboration with or on behalf of the Marshall Islands under terms and conditions bilateral or multilateral agreements or arrangements.

(3) New Sections 503, 504, 505, 506, 507, 508, 509, and 510 are hereby inserted as follows:

§503 Marshall Islands Record of Fishing Vessels.

(1) The Authority shall maintain a record of all fishing vessels entitled to fly the flag of the Marshall Islands that are authorized to fish pursuant to this Title in areas beyond the Fishery Waters. The record of fishing vessels shall be called the Marshall Islands Record of Fishing Vessels.

(2) Subject to subsection (3), the record under subsection (1) shall contain the information as set out in Schedule 1 to this Chapter.

(3) Despite subsection (2), the Director may require further information to be provided if such information is necessary in order to comply with relevant measures adopted by any regional or sub-regional fisheries management organization or arrangement of which the Marshall Islands is a member.

(4) For the avoidance of doubt, the Marshall Islands Record of Fishing Vessels shall be in addition to any requirements for registration of vessels entitled to fly the flag of the Marshall Islands under the Maritime Administration Act (47MIRC Ch.2).

(5) All fishing vessels entitled to fly the flag of the Marshall Islands and intending to fish in areas beyond the fishery Waters of the Marshall Islands shall apply in writing to the Authority through the Director, accompanied by the information required in Schedule 1 to this Chapter, to be recorded on the Marshall Islands Record of Fishing Vessels. Applications for recording shall be made by the owner, or operator, or charterer, or lessee of the fishing vessel.

(6) If the Authority is satisfied that the fishing vessel complies with the requirements for recording of a vessel on the Marshall Islands Record of Fishing Vessels as set out in this Chapter, the Authority shall record the vessel on the Record of Fishing Vessels.

(7) The Authority shall process every application submitted pursuant to subsection 5 of this section within 14 days of receipt of the application.

(8) Applications for recording on the Marshall Islands Record of Fishing Vessels shall not be valid unless the vessel is marked in accordance with the Food and Agricultural Organization of the United Nations' "Specifications for the Marking and Identification of Fishing Vessels," as modified, in Schedule 2 to this Chapter. The Authority may require the vessel to be inspected to ensure the vessel is marked in accordance with the requirements in Schedule 2 to this Chapter. The Authority's power to inspect a vessel under this sub-section may be delegated to other organizations or agencies

(9) The Authority may cause to be provided to any foreign government, international, regional or sub-regional fisheries management organization such information on the Marshall Islands Record of Fishing Vessels, additions to the Record, deletions from the Record, the withdrawal of any authorization to fish, information that a vessel is no longer entitled to fly the flag of the Marshall Islands, if such information is required to fulfill any international obligations of the Marshall Islands.

(10) The owner, operator, charterer, or lessee of any fishing vessel entitled to fly the flag of the Marshall islands who knowingly provides false information required in Schedule 1 of this Chapter, shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding two hundred and fifty thousand ($250,000).

(11) The owner, operator, charterer, or lessee of any fishing vessel entitled to fly the flag of the Marshall Islands who engages in fishing outside the Fishery Waters of the Marshall Islands without providing the information required in Schedules 1and 2 of this Chapter, shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding two hundred and fifty thousand ($250,000).

(12) In addition to any penalty that the courts may impose, the Authority may cancel the Authorization of a fishing vessel fish where the vessel has been found guilty of contravening the requirements under this section.

§504 Authorization to Fish in areas beyond the Fishery Waters.

(1) An Authorization to a vessel to fish in areas beyond the Fishery Waters of the Marshall Islands is required for the owner, operator, charterer, or lessee of any fishing vessel entitled to fly the flag of the Marshall Islands to fish:

(a) in any area subject to the jurisdiction of a foreign State except in accordance with the laws, license and any conditions, of that foreign State;

(b) an area subject to a treaty or multilateral access agreement except in accordance with that treaty or agreement;

(c) on the high seas except in accordance with a license issued in accordance with section 503 of this Chapter;

(d) in an area subject to international conservation and management measures except in accordance with those measures.

(2) Applications for authorization to fish in areas beyond the Fishery Waters of the Marshall Islands shall be made in writing to the Authority in the form prescribed in Schedule 4 to this Chapter.

(3) The Authority shall process every application submitted pursuant to subsection 2 of this section within 14 days of receipt the application.

(4) The Authority shall not issue an Authorization to a Marshall Islands fishing vessel to fish in areas beyond the Fishery Waters of the Marshall Islands unless such vessel is on the Marshall Islands Record of Fishing Vessels and is on the Record of Fishing Vessel maintained by any relevant sub-regional, regional or international fishery management organizations or arrangements to which the Marshall Islands is a member or a cooperating non-member.

(5) In issuing an Authorization to Fish under this section, the Authority shall have regard to the record of compliance of the vessel, its owners and operators with conservation and management measures of the Marshall Islands and other States and with those established by sub-regional and regional fisheries management organizations or arrangements.

(6) An authorization to fish beyond the Fishery Waters may be issued subject to such conditions as the Authority considers appropriate. Such conditions may relate inter alia to:

(a) the areas where fishing is authorized;

(b) the season, times, and voyages during which the fishing is authorized;

(c) the species, size, age, quantities of fish that may be taken;

(d) the method by which the fish may be taken;

(e) the types, size, and amount of fishing gear that may be used;

(f) the transshipment of the fish;

(g) the installation and maintenance of any vessel monitoring devices or other equipment;

(h) the provision of catch and effort data and other information necessary to manage and control the fishery;

(i) measures to give effect to sub-regional, regional and international fisheries conservation and management measures; and

(j) compliance with the fisheries laws and regulations of other States.

(7) The operator, master, charterer, or lessee, or agent of a fishing vessel which has been issued with an Authorization to Fish beyond the Fishery Waters of the Marshall Islands shall ensure that the vessel carries the Authorization at all times. The Authorization must be clearly displayed in the wheel house where it can be visible to inspectors.

(8) The holder of an authorization to fish beyond the fishery waters must duly notify the Authority within 7 working days of the change of ownership of the vessel or operator of the vessel.

(9) The Authority may cancel an Authorization issued where the holder of the Authorization was found guilty of an offence against this Title or has a record of Illegal Unreported and Unregulated fishing subsequent to the issuance of the Authorization.

(10) Where any vessel is used in contravention of this section or a condition authorisation imposed under this section, the owner, operator, charterer, or lessee and master of such vessel each commits an offence and upon convict on shall be liable to a fine not less than twenty five thousand ($25,000) and not exceeding two hundred and fifty thousand ($250,000).

§505. Use of Vessels of other Flags by Marshall Islands nationals beyond the Fishery Waters.

The Authority may make regulations governing the citizens of the Marshall Islands and body corporate incorporated in the Marshall Islands operating on vessels of other flags beyond the Fishery Waters. Regulations made under this Section may cover inter alia, authorization to operate such vessels and conditions of authorization and compliance with the laws and regulation of other States.

§506. Port State Measures.

(1) For the purpose of promoting the effectiveness of international conservation and management measures adopted by sub regional, regional or global fisheries management organizations, treaties or arrangements and combating Illegal Unreported and Unregulated fishing, the Authority may, in consultation with the relevant agencies involved in port management in the Marshall Islands, prohibit from entering a port of the Marshall Islands a foreign fishing vessel which has been reasonably suspected of having engaged in or supporting fishing in contravention of the conservation and management measures of a regional or sub regional fisheries management organization, unless it can be established that the catch on board has been taken in a manner consistent with the relevant conservation and management measures. Such a prohibition may apply to an individual vessel or to a fleet of vessels.

(2) The Authority may make regulations concerning the following matters:

(a) the designation and publication of ports in the Marshall Islands to which foreign fishing vessels may be permitted access;

(b) the designation of port inspectors;

(e) the training and qualifications of port inspectors;

(d) establishing the procedures, the contents of and the results to be obtained from an inspection regime, including the adoption of port measures adopted by a sub regional, regional or global fisheries organization, treaty or arrangement.

(e) prescribing the powers of inspectors, the mode of conducting an inspection, including the power to inspect any area of the fishing vessel, the catch (whether processed or not), any fishing gear, equipment or other gear and document which the inspector deems necessary to verify compliance, with relevant conservation and management measures;

(f) requiring the provision of such assistance or information as may be needed in order to undertake inspections;

(g) requiring, prior to allowing port access to a foreign fishing vessel, that such vessel provides such notice as may be promulgated by regulation prior to entering its port or its exclusive economic zone for the purpose of port access, including vessel identification, any authorisation to fish, information on its fishing trip and vessel monitoring systems, quantities of fish on board and such other documentation or information as may promulgated by regulation made by the Authority;

(h) regulating or prohibiting the landing, transshipment, packaging or processing of fish, or re-fuelling or resupplying a vessel, including the prohibition of port access of a vessel which has been identified or reported as having been engaged in or supporting fishing activities in contravention with sub regional, regional or global conservation measures, or where these are reasonable grounds for presuming that a vessel has been engaged in such activity;

(i) regulating or prohibiting the port access of a vessel that has been included on the list of vessels maintained by sub-regional, regional or global fisheries organizations that are believed to have engaged in Illegal, Unregulated or Unreported fishing;

(j) regulating or prohibiting the landing, transshipment, packaging or processing of fish, or re-fuelling or resupplying a vessel, including the prohibition of port access of a vessel which has been identified or reported as having been engaged in or supporting fishing activities in areas under national jurisdiction in contravention of the laws of a particular country, or fishing on the high seas without an authorization to do so from its flag state or where there are reasonable grounds for presuming that a vessel has been engaged in such activity;

(k) authorizing the cooperation and exchange of information, including inspection results with other States and sub regional, regional or global fisheries organizations;

(l) providing for a system of appeal against decisions taken in respect of fishing vessels under this section;

(m) providing for any other measures that may be agreed to by sub-regional regional or global fisheries organizations, treaty or arrangement.

(3) References to ports in this section include offshore terminals and other installations for landing, transshipping, re-fuelling or resupplying vessels.

(4) Any person who fails to comply with the provisions of this section or with any regulations made pursuant to this section commits an offence and upon conviction shall be shall be liable to a fine not less than twenty five thousand ($25,000) and not exceeding two hundred thousand ($250,000).

§507. Mobile Transceiver Unit Requirements.

(1) The owner or operator of every fishing vessel permitted to fish in the Fishery Waters of the Marshall Islands pursuant to this Title, shall install, maintain and operate a registered mobile transceiver unit at all times while in the Fishery Waters or such other area as may be agreed or designated, and in accordance with –

(a) the manufacturer's specifications and operating instructions; and

(b) such standards as may be required by any organization of which the Marshall Islands is a member; and

(c) such other conditions as may be imposed by the Authority.

(2) The requirements in sub-section (1) of this section shall, while in areas beyond the Fishery Waters, apply to every fishing vessel entitled to fly the flag of the Marshall Islands and included on the Marshall Islands Record of Fishing Vessel and authorized to fish beyond the Fishery Waters.

(3) The operator of each vessel referred to in subsections (1) and (2) shall ensure that:

(a) no person tampers or interferes with the mobile transceiver unit and that the mobile transceiver unit is not altered, damaged, disabled or otherwise interfered with;

(b) the mobile transceiver unit is not moved from the required or agreed installed position or removed without the prior written permission of the Director;

(c) the mobile transceiver unit is switched on and is operational at all times during the period of validity of the license or authorization; even when the fishing vessel is in its own port;

(d) upon notification by the Authority that the vessel's mobile transceiver unit has failed to transmit, the directives of the Authority are complied with until such time that is the vessel's mobile transceiver unit is functioning properly; or

(e) the mobile transceiver unit is registered as the Authority may direct or as may be prescribed, at the operator's expense.

(4) The operator of each vessel referred to in subsections (1) and (2) or his or her authorized agent, upon notification by the Authority that the vessel's mobile transceiver unit has failed to report, shall ensure that reports containing the vessel's name, call sign, position (expressed in latitude and longitude to minutes of arc), and date and time for the report, are communicated to the Authority at intervals of 8 hours or such shorter period as specified by the Authority, commencing from the time of notification of the failure of the mobile transmitting device. Such reports must continue until such time as the mobile transceiver unit is confirmed operational by the Authority.

(5) If it is not possible to make any one or more of the further position reports described in sub-section (3), or when the Authority so directs, the master of the vessel must immediately stow the fishing gear and take the vessel directly to a port identified by the Authority, and as soon as possible, report to the Authority that the vessel is being, or has been, taken to port with gear stowed.

(6) Any operator, including the master, owner and charterer, who does not comply with subsections (1), (2), (3) or (4) commits an offence and shall be liable on conviction to a fine not less than twenty five thousand ($25,000) and not exceeding two hundred thousand ($200,000), and in addition the applicable license or authorization shall be cancelled.

(7) The Authority shall implement the necessary administrative and technical measures necessary to monitor the activities of fishing vessels fishing in the Fishery Waters and vessels entitled to fly the flag of the Marshall Islands that are authorized to fish beyond the Fishery Waters. The Authority may enter into arrangements with other States or regional fisheries management organizations and arrangements to this effect.

§508. Vessel Monitoring System — Information.

(1) Ownership of all vessel monitoring system information generated by a mobile transmitting device required and operating under this Title is vested in the Marshall of Islands.

(2) All vessel monitoring information shall be classified as confidential information, and shall be subject to such procedures as may be prescribed by regulation.

(3) Any person who divulges information from a vessel monitoring system, to any person or persons not authorised to receive such information commits an offence and shall be liable on conviction to a fine not less than fifteen thousand ($15,000) and not exceeding one hundred thousand ($100,000);

§509. Mobile Transceiver unit — Evidence.

(1) All information or data obtained or ascertained by the use of a mobile transceiver unit shall be presumed, unless the contrary is proved, to:

(a) come from the vessel so identified;

(b) be accurately relayed or transferred;

(c) be given by the master, owner and charterer of the vessel; and

(d) evidence may be given of information and data so obtained or ascertained whether from a printout or visual display unit.

(2) The presumption in subsection (1) shall apply whether or not the information was stored before or after any transmission or transfer.

(3) A mobile transceiver unit installed and operated in accordance with this Title shall be judicially recognized as notoriously accurate.

(4) The presumption set out in subsection (3) shall apply whether or not the information was stored before or after any transmission or transfer.

(5) Any person may give a certificate stating –

(a) his or her name, address and official position;

(b) he or she is competent to read the printout or visual display unit of any machine capable of obtaining or ascertaining information from a mobile transceiver unit;

(c) the date and time the information was obtained or ascertained from the MTU and the details of the information obtained;

(d) the name and call sign of the vessel on which the mobile transceiver unit is or was located as known to him or her, or as ascertained from any official register, record or other document; and

(e) a declaration that there appeared to be no malfunction in the mobile transceiver unit, its transmissions, or other machines used in obtaining or ascertaining the information.

§510. Catch Certification.

(1) In order to support global efforts to combat Illegal Unreported and Unregulated fishing, the Authority shall develop and implement a system of catch certification which shall accompany all exported wild caught seafood products by fishing vessels entitled to fly the flag of the Marshall Islands

(2) The certificate implemented under sub-section (1) of this section shall contain:

(a) basic information to identify the vessel, such as the name of the fishing vessel, home port and registration number, call sign, license number, Inmarsat number and IMO number (if issued);

(b) information on the product, the type of species, catch areas and dates, estimated live weight and verified weight landed, as well as the applicable conservation and management and any transshipment at sea;

(c) information and declaration on export and import of the fisheries product including the vessel name and flag, flight number, airway bill number, truck nationality and registration number, other transport documents and container number.

(3) The master of every fishing vessel entitled to fly the flag of the Marshall Islands shall complete the catch certificate referred to in sub-section (1) of this section.

(4) The Authority shall validate each catch certificate, attesting to the veracity of the details of such certificate required in sub-section (2) of this section.

(5) All seafood products imported into the Marshall Islands for reprocessing for the purpose of re-export shall be accompanied by a valid certificate similar to the one in subsection 1 of this section.

(6) A catch certification system developed and implemented by a regional fisheries management organization or arrangement to which the Marshall Islands is a member or a cooperating non-member may be accepted as a valid catch certificate pursuant to this section.

(4) The Original Sections 503 arid 504 are hereby re-numbered and amended as follows:

§511. Appointment of Authorized Officers.

(1) The Authority may, after consultation with the Attorney-General, appoint in writing any person or class of persons as authorized officer for the purposes of enforcing this Title and such persons shall exercise all powers and privileges accorded by this Title.

(2) For all monitoring, control and surveillance duties and obligations provided under this Title and all other duties provided under this Title, except any duties arising from the licensing and reporting requirements and the fish processing establishment requirements of this Title, police officers of the Department of Public Safety are deemed to be authorized officers.

(3) Any person or class of person appointed as authorized officer in accordance with an access agreement, a fisheries management agreement or similar cooperative arrangement to which the Republic of the Marshall Islands 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 Title relating to authorized officers shall be applicable to such persons.

(4) Any person or class of persons appointed as authorized officers pursuant to Subsection (2) may perform duties which include:

(a) for an authorized officer of the Republic of the Marshall stands, to perform fisheries surveillance and law enforcement functions on behalf of the Republic of the Marshall Islands while on board a vessel or aircraft of another party; and

(b) for an authorized officer of another party to any agreement referred to in sub-section 3 of this section agreement, to perform fisheries surveillance and law enforcement functions on behalf of the Republic of the Marshall Islands while on board the vessel or aircraft of that other party, and all provisions of this Title relating to authorized officers shall be applicable to such persons carrying out their duties in the areas of national jurisdiction of the Republic of the Marshall Islands.

§512. Powers of Authorized Officers within the Fishery Waters.

(1) For the purposes of enforcing this Title, any authorized officer may:

(a) stop, board, remain on board and search any vessel in the Fishery Waters he or she reasonably believes is a fishing vessel, and any fishing vessel registered under the laws of the Republic of the Marshall Islands outside the Fishery Waters, and stop and search any vessel, vehicle or aircraft he or she 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 crew members;

(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 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 Title 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) give directions to the master and any crew member of any vessel, vehicle or aircraft stopped, boarded or searched as may be necessary or reasonably expedient for any purpose specified in this Title or to provide for the compliance of the vessel, vehicle or aircraft, or master or any crew member with the conditions of any license;

(i) endorse any license;

(j) arrest any person who assaults him or her in the exercise of his or her duties under this Title.

(k) cut, remove, detain, seize, recall, or destroy any fish, fish product, not fit for human consumption or not suitable for export;

(l) indelibly or otherwise mark, brand, dye or label any fish, fish product, seafood or seafood product or package containing any fish, fish product, seafood or seafood product;

(m) make or impose any relevant order, instruction, condition or penalty;

(n) interrupt, suspend or prohibit actions or operations wherever fish is being cut-up, stored, sold or in any way processed.

(2) Where there is probable cause to believe that an offense against this Title is being, or has been committed, an authorized officer may:

(a) where there is ample opportunity to obtain a Search Warrant, he or she 'shall' obtain such a warrant for the purposes of entering, inspecting and searching any premises, in which he or she has probable cause to believe that an offense has been, or is being committed, or fish taken illegally are being stored or being processed. Where the authorized officer has probable cause to believe that evidence of an offense under this Title is in imminent danger of being concealed, transferred, sold, destroyed, or disposed off in any other manner whatsoever, and further, that no ample opportunity exists to obtain a search warrant, the authorized officer may conduct a search of such premises without a Warrant;

(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) take samples of any fish found in any vessel or vehicle inspected or any premises searched under this Title;

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

(e) seize:

(i) any vessel (including its fishing gear, equipment, stores and cargo), vehicle, fishing gear, nets or other fishing appliances or aircraft which he or she has reasonable grounds to believe has been or is being used in the commission of such offense or in respect of which the offense has been committed;

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

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

(vi) anything which he or she has reasonable grounds to believe might be used as evidence in any proceedings under this Title;

(f) arrest any person whom he or she has reasonable grounds to believe has committed an offense against this Title.

(4) An authorized officer may, in arresting, any person or fishing vessel which he or she has reasonable grounds to believe has done any act in contravention of this Title:

(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 authorized officers under this Title shall be owed to such person or persons while acting at the request and under the instructions of such authorized officer.

(5) 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.

(6) Any person arrested without a warrant under this Section shall be taken to a police station and dealt with in accordance with law.

(7) An authorized officer may, for the purposes of enforcing this Title, with or without a warrant or other process;

(a) execute any warrant or other process sued by any court of competent jurisdiction; and

(b) exercise any other lawful authority.

(5) New provisions are hereby inserted immediately following Section 512, to read as follows:

§513. Powers of Authorized Officers beyond the Fisheries Waters.

(1) An authorized officer may exercise any of the powers under this Title beyond the Fisheries Waters of the Marshall Islands in respect of any fishing vessel or any person on board any such vessel and relating to fisheries inspection, compliance or enforcement provided that the exercise of those powers authorized by a treaty or agreement to which the Marshall Islands is a party or authorized under a conservation and management measure of a regional fisheries management organization or arrangement to which the Marshall Islands is a member.

(2) In exercising his or her powers beyond the Fishery Waters, an authorized officer shall comply with the procedures and requirements under such bilateral or multilateral treaties or agreements or conservation and management measures implemented by regional fisheries management organization or arrangement.

(3) The Authority may make regulations providing for additional measures and powers for authorized officers beyond the Fishery Waters of the Marshall Islands.

(6) Inserting a new section 514 A as follows:

§514A. Requirements for Seized Product.

An authorized officer must ensure that any seized product is isolated and detained in a manner that ensures the integrity and safety of the product. Options for disposition pending an investigation and decision include burial, burning, release or other means approved by the Director.

(7) Re-numbering of provisions.

(a) The original Section 505 (Requirements for seized vessels, etc) is re-numbered as Section 514.

(b) The original Section 506 (Removal of parts from seized vessels, etc is re-numbered as Section 515.

(c) The original Section 507 (Appointment of observers) is re-numbered as Section 516.

(d) The original Section 508 (Duties to Authorised Observers) is re-numbered as Section 517, with the following amendments in subsections (1) and (6):

(1) Any person on board any vessel with a valid and applicable license issued or recognised pursuant to this Title shall permit any authorized observer to board and remain on such vessel for the purposes of carrying out his or her duties and functions. An authorised observer shall exercise scientific, compliance, monitoring and other functions.

(6) Any person who contravenes Subsection (1), (2), (3) or (5) commits and offense and upon conviction the shall be fined not less than one hundred thousand ($100,000) and not more than five hundred thousand ($500,000) or be imprisoned for up to six months, or both.

(8) Inserting a new section 517A as follows:

§517A. Duties of Fish Processing Establishment operators

(1) Each operator shall, in relation to his or her fish processing establishment:

(a) comply with Regulations and any conditions applying to the license;

(b) comply with the approved standards issued by the Authority;

(c) ensure that the operators of his or her fish processing establishment are suitably implemented and resourced to ensure that fish or fish products are fit for their intended purpose;

(d) keep records:

(i) to demonstrate compliance with these Regulations and any subsequent standards;

(ii) to enable authorized officers to trace the movement of fish or fish products from their source to consumers and vice-versa; and

(iii) of any other particulars as may be required from time to time by the Authority;

(e) provide at all times reasonable access to an authorized officer to inspect the fish processing establishment and records and related documents in whatever form they may be kept;

(f) implement programs required by the Authority to ensure that:

(i) regular checks on compliance with the requirements are made;

(ii) results of the checks are properly recorded and available for inspection;

(iii) corrective action is taken within the required time if a check reveals non-compliance.

(9) The original Section 509 (Duties to Authorized Officers and Authorized Observers) is amended as follows:

§518. Duties to Authorized Officers and Authorized Observers.

The master and each crew member of any fishing vessel, the driver of any vehicle, the owner, manager and processing staff of a fish processing establishment and the pilot and crew of any aircraft shall immediately comply with every instruction or direction given by an authorized officer or authorized 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.

(1) Every person commits an offense who:

(a) assaults, obstructs, resists, delays, refuses boarding to, intimidates or fails to take all reasonable measures to ensure the safety of or otherwise interferes with an authorized officer, or authorized observer in the performance of his or her duties;

(b) incites or encourages any other person to assault, resist or obstruct any authorized officer or authorized observer while carrying out his or her powers or duties, or any person lawfully acting under the authorized officer's orders or in his or her aid;

(c) uses threatening language or behaves in a threatening or insulting manner or uses abusive language or insulting gestures towards any authorized officer or authorized observer while in the execution of his or her powers of duties, or any person lawfully acting under an authorized officer's orders or in his or her aid;

(d) fails to comply with the lawful requirements of any authorized officer or observer;

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

(f) furnishes to any authorized officer or authorized observer any particulars which, to his knowledge are false or misleading in any respect;

(g) personates or falsely represents himself or herself to be an authorized officer or authorized observer or who falsely represents himself or herself to be a person lawfully acting under an authorized officer's orders or in his or her aid;

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

(i) resists lawful arrest for any act prohibited by this Title;

(j) 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 Title;

(k) is in breach of any other duty to an authorized officer or authorized observer required under this Title;

and upon conviction shall be fined not less than one hundred thousand ($100,000) and not more than five hundred thousand ($500,000), or may be imprisoned up to six months, or both

(4) For the purposes of Subsection (2), any person who does not allow any authorized officer, or any person acting in under his or her orders or his assistance, or an authorized observer to exercise any of the powers conferred on such person by this Title shall be deemed to be obstructing that officer, person or observer.

(5) Every person who, being a master owner, charterer, agent or company established under the laws of the Republic of the Marshall Islands of a fishing vessel which transports an authorized officer, inspector or observer outside the fishery waters and causes him or her to disembark outside the territory or jurisdiction of Republic of the Marshall Islands, commits an offense and shall be jointly and severally liable on conviction to a fine not exceeding two hundred and fifty thousand ($250,000) plus all costs of repatriation including board and lodging while out of Republic of the Marshall Islands and direct transportation to Republic of the Marshall Islands.

(10) The original Section 510 (Identification of Authorized Officers) is hereby re-numbered as Section 519.

(11) The Original Section 511 (Transponder) is repealed in its entirety;

(12) Section 520 is Reserved.

(13) Section 522 (Fish Sample) is amendment by renumbering it to Section 523.

(14) Section 525 is amended as follows:

§525. Liability of Operator.

In any proceedings under this title, the act or omission of any crew member of a fishing vessel or in association with a fishing vessel or the act and omission of any fish processing establishment employee shall be deemed to be that of the operator of that fishing vessel or fish processing establishment.

(15) Section 541 is amended as follows:

§541. Jurisdiction of the Court.

(1) Any act or omission in contravention of any of the provisions of this Title committed:

(a) by any person within the Fishery Waters;

(b) outside the Fishery Waters by any citizen or person ordinarily resident in Republic of the Marshall Islands; or

(c) outside the fishery Waters by an operator, Captain or Master of a fishing vessel licensed to fish in the Fishery Waters; or

(d) by any person on board any fishing vessel registered in the Republic of the Marshall Islands; shall be dealt with and judicial proceedings taken as if such act or omission had taken place in Republic of the Marshall Islands within the jurisdiction of the High Court of the Republic of the Marshall Islands.

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

(16) Inserting new section 553A as follows:

§553A. Documentation and Records.

The Authority may require, through Regulations and subsequent standards for fishing vessels and fish processing establishments to prepare and hold document and records pertaining to the compliance with this Title.

(17) Section 561 is amended as follows:

§561. Forfeiture of property.

(1) Any fishing vessel or fish processing establishment including its fishing gear, furniture, appurtenances, stores, cargo and aircraft, and all or part all or part of any fish, fish products, fishing gear, vehicle, fish processing establishment or aircraft used in or connected with the commission of any act prohibited by this Title, and where any fish seized in connection with the offense have been sold, the proceeds of the sale of the fish, shall be subject to forfeiture to the government of the Republic of the Marshall Islands pursuant to civil proceeding under this Section.

(18) Inserting a new Part XII as follows:

Part XII Complaints, Notices and Investigations

§569. Dissatisfaction with decision of authorized officer

(1) Any person who is dissatisfied with any requirement, direction or decision given or made under this Act or associated regulations and standards by an authorized officer may deliver notice in writing to the Director of the Authority within twenty one (21) working days from the date of such requirement, direction or decision requesting the Director to reconsider the requirement, direction or decision. Such a complaint shall be on the approved form given in the Regulations to this Act.

(2) The Director may, direct an authorized officer to reconsider such requirement, direction or decision, subject to the requirements and standards established by this Act or Regulations.

§570. Precautionary notice.

(1) Where an authorized officer suspects that an activity, matter or thing is in contravention of this Title or is in breach of the conditions of a fish processing establishment license, he or she may issue a notice requiring the relevant operator to comply with, any requirement specified in this Act.

(2) The notice may require, but not limited to, any of the following:

(a) that information be provided in relation to the activity, matter or thing to satisfy the Director that there is no breach of this Act or conditions of the license, of a fish processing establishment;

(b) that alternative activities or operating techniques be considered and employed to avoid the breach of this Act or conditions of the license of a fish processing establishment;

(c) that improvements or alterations be made in relation to the activity, matter or thing to the satisfaction of the Director, to avoid the breach of this Act or conditions of the license of a fish processing establishment; and

(d) any other requirement as determined by the Director, to ensure that the activity, matter or thing will not breach this Act or conditions of the license of a fish processing establishment.

(3) Any person served with a notice under this Part shall ensure that the requirements stated in the notice are complied with within the time stipulated, and shall satisfy the Director, prior to the expiration to that time, that the activity, matter or thing is not, or is no longer in contravention of this Part or this Title or conditions of the license of a fish processing establishment.

§571. Notice to rectify or cease activity

(1) A notice may be issued under this Title whether or a not a precautionary notice has been served under section 570.

(2) Where the Director is of the opinion that there is occurring, or may occur, an act which involves an immediate threat to health, access to markets or national interest arising out of fish or fish products, the Director may issue as notice under this Title

(3) A notice issued under this section shall:

(a) be directed to any person whom it is believed is carrying out the act, or apparently has control over it;

(b) specify the act and the nature of its effect to health, access to markets or national interest;

(c) require that the act cease, or not be done, until the Director is satisfied that the threat or risk no longer exists.

(4) A notice may be served under this Title notwithstanding any approval, license or permit that has been granted in relation to the activity.

(5) The Director shall not be liable in respect of any loss or damage arising from, or in any way connected with, the issuing of a notice under this regulation.

§572. Investigations.

(1) The Director shall have the authority to conduct investigations into the operations of any fish processing establishment or in respect of any fish or fish products which are in breach or are suspected of being in breach of this Act.

(2) Without affecting any prosecution, the Director may suspend or cancel any license issued under this Act if he or she finds that an operator has breached any of this Act or condition of license of fish processing establishment.

(3) The Director may, in his or her discretion, in relation to this regulation:

(a) suspend the license until the matter complied of has been rectified to the satisfaction of the Manager; or

(d) cancel the license.

(4) Any person not satisfied with any decision of the Director under this Act may appeal such decision to the Court, having jurisdiction of the matter, within two (2) months after the decision of the Director.

Section 6. Effective Date.

These amendments shall take effect on the date of certification in accordance with the provisions of Article IV Section 21 of the Constitution of the Republic of the Marshall Islands, and the Rules of Procedures of the Nitijela.

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Schedule 1:

(Section 502(2))

Marshall Islands Record of Fishing Vessels

INORMATION TO BE PROVIDED IN AN APPLICATION FOR RECORDING A VESSEL ON THE RECORD OF FISHING VESSELS TO FISH IN AREAS BEYOND THE FISHERY WATERS OF THE MARSHALL ISLANDS

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Schedule 2

(Section 503(8))

Vessel Marking Specifications and Standards

1.1.1 These specifications are intended to implement the FAO Standard Specifications for the Marking and Identification of Fishing Vessels

1.1.2 These specifications shall apply to the operation of all fishing vessels entitled to fly the flag of the Marshall Islands and authorized to fish beyond the Fishery waters of the Marshall Islands.

2.1 General requirements

2.1.1 The owner, or operator, or charterer, or lessee submitting an application for recording a fishing vessel on the Marshall Islands Record of Fishing Vessels shall ensure that:

(a) the vessel is marked for identification with its International Telecommunication Union Radio Call Signs (IRCS);

(b) the vessels to which an IRCS has not been assigned, is marked either with the characters allocated by the International Telecommunication Union (ITU) to the Marshall Islands or such other characters of national identification as may be required under any bilateral fishery agreements entered into by the Marshall Islands and followed by, as appropriate, the fishing authorization or vessel registration number assigned to the vessel by any regional fisheries management organization to which the Marshall Islands is a member or cooperating non-member. In such cases, a hyphen shall be placed between the nationality identification characters and the license or registration number identifying the vessel.

(a) Whichever system is used from 2.1.1. (a) or (b) above, that identifier shall, for the purpose of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (hereafter WCPFC), be called the WCPFC Identification Number (WIN)

2.1.2 Apart from the vessel's name or identification mark and the port of registry as may be required by international practice or national legislation, the WIN as specified shall be the only other vessel identification mark consisting of letters and numbers to be painted on the hull or superstructure;

2.2. Markings and other technical specifications

2.2.1 The WIN in the English language shall be displayed prominently at all times:

(a) on the vessel's hull or superstructure, port and starboard. Operators may place fixtures that are inclined at an angle to the vessel's side or superstructure provided that the angle of inclination would not prevent sighting of the sign from another vessel or from the air;

(b) on a deck, except as provided for in paragraph 2.2.4 below. Should an awning or other temporary cover be placed so as to obscure the mark on a deck, the awning or cover shall also be marked. These marks should be placed athwart ships with the top of the numbers or letters towards the bow.

2.2.2 The WIN shall be placed:

(a) as high as possible above the waterline on both sides of the vessel and that such parts of the hull as the flare of the bow and the stern are avoided;

(b) in a manner that does not allow the marks to be obscured by the fishing gear whether it is stowed or in use;

(c) so that they are clear of flow from scuppers or overboard discharges including areas which might be prone to damage or discoloration from the catch of certain types of species; and,

(d) so that they do not extend below the waterline.

2.2.3 Undecked vessels shall not be required to display the WIN on a horizontal surface. However, where practical, the WIN may be fitted on a board so that it may be clearly seen from the air.

2.2.4 Boats, skiffs and craft carried by the vessel for fishing operations shall bear the same WIN as the vessel concerned.

2.2.5 The operators of vessels shall comply with the following in placing the WIN on the vessel:

(a) that block lettering and numbering is used throughout;

(b) that the width of the letters and numbers is in proportion to the height;

(c) the height (h) of the letters and numbers is in proportion to the size of the vessel shall be in accordance with the following:

(i)for the WIN to be placed on the hull, superstructure and/or inclined surfaces:

(ii) for the WIN to be placed on deck: the height is not less than 0.3 m for all classes of vessels of 5 m and over;

(d) the length of the hyphen is half the height of the letters and numbers;

(e) the width of the stroke for all letters, numbers and the hyphen is h/6;

(f) the space between letters and/or numbers does not exceed h/4 nor be less than h/6;

(g) the space between adjacent letters having sloping sides does not exceed h/8 nor be less than h/10; for example A V.

(h) the WIN is white on a black background, or black on a white background;

(i) the background shall extend to provide a border around the WIN of not less than h/6;

(j) good quality marine paint is used throughout;

(k) the WIN meets the requirements of those Specifications where retro-reflective or heat generating substances are used; and,

(l) the WIN and the background are maintained in good condition at all times.