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Fisheries Ordinance

LAWS OF TUVALU
REVISED EDITION 1978

CHAPTER 45

FISHERIES

ARRANGEMENT OF SECTIONS

Section

PART I
GENERAL

1. Short title
2. Interpretation
3. Promotion of fisheries

PART II
LICENSING

4. Licensing of local fishing vessels
5. Entry and fishing by foreign vessels within the fishery limits
6. Fish processing establishment
7. Cancellation and suspension of licences and permits

PART III
POWERS OF AUTHORISED OFFICERS

8. Power to stop, board, search vessels, etc.
9. Powers of an authorised officer where he reasonably believes an offence committed
10. Obstruction etc. of authorised officers
11. Authorised officers to declare office etc.
12. Non - liability of authorised officers

PART IV
ADDITIONAL OFFENCES AND LEGAL PROCEEDINGS

13. Throwing overboard or destroying incriminating evidence
14. Fishing with explosives, poison and other noxious substances
15. Forfeiture of gear, fish and vessels
16. Presumption
17. Jurisdiction of the courts
18. Disposal of seized goods

PART V
MISCELLANEOUS

19. Fishing for scientific purposes
20. Power of the Minister to enter into agreements
21. Rewards
22. Regulations

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1 of 1978

An Ordinance to make provision for the promotion and regulation of fishing and fisheries industries in Tuvalu and its fishery limits

Commencement: 1st July 1978
L.N. 3/78

PART I
GENERAL

Short title

1. This Ordinance may be cited as the Fisheries Ordinance.

Interpretation

2. In this Ordinance, unless the context otherwise requires-

"authorised officer" means any fisheries officer, licensing officer, police officer or officer as defined in the Customs Ordinance, the master of any Government vessel and any other person appointed by the Minister to be an authorised officer for the purposes of this Ordinance;

Cap.55

"fish" when used as a noun means any aquatic animal, whether piscine or not, and includes shell fish, crustaceans, sponges, holothurians (bêche-de-mer), sea urchins, and turtles and their eggs;

"fish" when used as a verb means attract, pursue, catch, take or kill fish by any method;

"fish processing establishment" means any land, vessel or other place on or in which fish are processed for sale outside Tuvalu but does not include any vessel on which fish caught off such vessel are gutted, salted, iced, chilled or frozen for the sole purpose of preserving such fish;

"fish product" means any. product of fish processing;

"fishery limits" means such fishery limits of Tuvalu as may be defined from time to time by the Governor-General by proclamation:

Provided that if fishery limits are not so defined the phrase means the outer limits of the territorial waters;

"fishing vessel" means any vessel used or adapted for use for fishing commercially, but does not include a sailing boat or paddling canoe of native design or a boat, punt or barge having an overall length of less than 7 metres, whether powered by an engine or not;

"foreign fishing vessel" means any fishing vessel that is not a local fishing vessel;

"licensing officer" means a licensing officer appointed under section 3(2) and includes the Fisheries Officer;

"local fishing vessel" means any fishing vessel-

(a) owned by one or more persons resident and domiciled in Tuvalu; or

(b) owned by any company or fisheries cooperative society registered or incorporated under the laws of Tuvalu, and having its principal place of business in Tuvalu;

"operate" in relation to a vessel means to be the master or owner or charterer of the vessel and in relation to a fish processing establishment means to own or to be in charge of the fish processing establishment and, where the fish processing establishment is a vessel, means to be the master or owner or charterer thereof;

"processing" in relation to fish, includes preserving or preparing fish or producing any substance or article from fish by any method;

"territorial waters" means that part of the sea adjacent to the coast of any island of Tuvalu which is within 3 geographical miles measured from the low water mark of the seaward side of the reef fronting such coast, or, when a reef is not present, from the low water mark of the coast itself.

Promotion of fisheries

3. (1) The Minister may take such measures as he shall see fit to promote the development of fishing and fisheries in Tuvalu to ensure that the fisheries resources of Tuvalu are exploited to the full for the benefit of Tuvalu.

(2) The Minister may appoint a Fisheries Officer and such fisheries assistants and licensing officers as he may consider necessary for carrying out the purposes and provisions of this Ordinance.

PART II
LICENSING

Licensing of local fishing vessels

4. (1) Subject to any direction given by the Minister a licensing officer may, upon written application in the prescribed form and upon payment of the prescribed fee, grant a licence in the prescribed form in respect of any local fishing vessel:

Provided that no licence shall be granted to any local fishing vessel which is a vessel to which section 15(1) of the Shipping Ordinance applies unless there is subsisting a valid and unexpired certificate of seaworthiness issued in respect of that fishing vessel under section 13 of that Ordinance.
Cap. 89

(2) A licence granted under subsection (1)-

(a) shall not, except with the prior written approval of the Minister endorsed on the licence, extend beyond 1 year from the date of issue thereof;

(b) shall be personal to the holder;

(c) shall not be transferable;

(d) shall be subject to such conditions as may be prescribed and to such further conditions as the licensing officer shall think fit to endorse thereon; and

(e) shall not, except with the prior written approval of the Minister endorsed on the licence, confer on the licensee any exclusive right to fish.

(3) It shall be a condition of every licence granted under subsection (1) that there shall be marked and kept marked on the vessel in respect of which the licence is granted such letters and numbers of identification as may be assigned to that vessel by the licensing officer, in such manner as he may specify or as may be prescribed.

(4) Any person who operates or causes or allows to be operated any local fishing vessel within the fishery limits or in the lagoon or inland waters of Tuvalu except under a valid licence granted under this section in respect of that vessel and in accordance with the conditions of such licence shall be liable on conviction to a fine of $200 and to imprisonment for 6 months.

Entry and fishing by foreign vessels within the fishery limits

5. (1) No foreign fishing vessel shall -

(a) enter within the fishery limits except for a purpose recognised by international law;

(b) fish or attempt to fish within the fishery limits;

(c) load, unload or tranship any fish within the fishery limits;

(d) load or unload any fuel or supplies within the fishery limits;

unless authorised to do so under a permit granted under this Ordinance.

(2) A foreign fishing vessel entering the fishery limits for a purpose recognised by international law without a permit granted under this Ordinance shall return outside those limits as soon as that purpose for which it entered them has been fulfilled.

(3) The Fisheries Officer may, with the approval of the Minister, grant a permit in the prescribed form in respect of any foreign fishing vessel, authorising such vessel to do such of the things described in subsection (1) as may be provided for in the permit.

(4) A permit granted by the Fisheries Officer under this section shall be subject to-

(a) such conditions as may be prescribed, and to such further conditions as may be endorsed upon the permit by the Fisheries Officer, and

(b) to the payment of such fees and royalties as may be determined by the Fisheries Officer with the approval of the Minister.

(5) A permit granted by the Fisheries Officer under this section shall not confer any exclusive right to fish unless the permit expressly so provides.

(6) The fishing gear of any foreign fishing vessel which is prohibited by this section from fishing within the fishing limits shall, while the vessel is within those limits, be stowed in such manner as may be prescribed.

(7) Where any foreign fishing vessel contravenes any of the provisions of this section, the master, owner and charterer, if any, of such vessel shall each be liable on conviction-

(a) in the case of a contravention of subsection (1), to a fine of $100,000; and

(b) in the case of a contravention of subsection (2) or subsection (6), to a fine of $25,000.

(8) Where any foreign fishing vessel contravenes any of the conditions of a permit granted under this section, the master, owner and charterer, if any, of such vessel shall each be liable on conviction to a fine of $25,000.

Fish processing establishment

6. (1) The Fisheries Officer may with the approval of the Minister and on payment of the prescribed fee grant to any person a licence in the prescribed form to operate a fish processing establishment subject to such conditions as may from time to time be prescribed and to such further conditions as may be endorsed upon the licence by the Fisheries Officer.

(2) Any person who operates or causes or allows to be operated any fish processing establishment except under a valid licence granted under this section in respect of that fish processing establishment and in accordance with the conditions of such licence shall be liable on conviction to a fine of $200 and to imprisonment for 6 months.

Cancellation and suspension of licences and permits

7. (1) Where any of the conditions of any licence or permit is contravened the Fisheries Officer may cancel the licence or permit, or suspend such licence or permit for such period as he may think fit.

(2) Any person aggrieved by the refusal of any licensing officer to issue any licence granted under this Ordinance, or by the cancellation or suspension of any licence or permit granted under this Ordinance may appeal against such refusal, cancellation or suspension to the Minister, whose decision shall be final.

PART III
POWERS OF AUTHORISED OFFICERS

Power to stop, board, search vessels, etc.

8. For purposes of ascertaining whether there is, or has been, any contravention of the provisions of this Ordinance any authorised officer may-

(a) at all reasonable hours enter any fish processing establishment and any premises other than premises used exclusively as a dwelling - house;

(b) stop, board and search-

(i) any foreign or local fishing vessel within the fishery limits; or

(ii) any local fishing vessel, outside the fishery limits;

(c) stop and search any vehicle transporting, or reasonably suspected of transporting, fish or fish products;

(d) make such examination and inquiry as may appear necessary to him concerning any premises, fish processing establishment, vessel or vehicle in relation to which any of the powers conferred by this section have been, or may be, exercised and take samples of any fish, or fish products, found therein;

(e) require any person to produce his licence or his authority if it appears to the authorised officer that such person is doing any act for which a licence or other authority is required under this Ordinance.

Powers of an authorised officer where he reasonably believes an offence committed

9. (1) Where he has reasonable grounds for believing that an offence against the provisions of this Ordinance has been committed, any authorised officer, without a warrant, and with such assistance as he may consider necessary may-

(a) following hot pursuit as recognised by international law and commenced within the fishery limits, stop, board and search outside the fishery limits any foreign fishing vessel which he believes has been used in the commission of that offence within the fishery limits, or in relation to which he believes such offence has been committed, and bring such vessel and all persons and things on board it within the fishery limits;

(b) within the fishery limits-

(i) arrest any person whom he believes has committed such offence and, if the authorised officer making such arrest is not a police officer, he shall without necessary delay make over such person to a police officer, or in the absence of a police officer, shall take such person to the nearest police station;

(ii) in the case of an offence against sections 5(1), 13 or 14(1), seize any vessel (together with its equipment, stores and cargo) which he believes has been used in the commission of such offence or in respect of which he believes such offence has been committed;

(iii) seize any fishing gear, instruments or appliances which he believes have been used in the commission of such offence;

(iv) seize any fish which he believes have been taken or fish products produced in the commission of such offence; or

(v) seize any explosive, poison or other noxious substance which he believes has been used carried, possessed or controlled in contravention of section 14.

(2) After any vessel has been stopped under the provision of this section any authorised officer may exercise concerning it, or in relation to any fish or fish products therein, any of the powers conferred by paragraph (d) of section 8.

(3) A written receipt shall be given for any thing seized under subsection (1) by the authorised officer concerned to the person from whom the seizure is made.

Obstruction etc. of authorised officers

10. Any person who-

(a) wilfully obstructs any authorised officer in the exercise of any of his powers under this Ordinance; or

(b) fails to comply with any lawful requirements imposed or to answer any lawful enquiry made by any authorised officer under this Ordinance, including enquiries as to the source of supply of fish;

shall be liable on conviction to a fine of $200 and to imprisonment for 6 months, and if the obstruction or non - compliance takes place on board or alongside a vessel, the master of the vessel shall be liable on conviction to a like penalty.

Authorised officers to declare office etc.

11. Any authorised officer acting in the exercise of his powers under this Ordinance shall, on demand, produce such document of identification or other evidence as may be reasonably sufficient to show that he is an authorised officer for the purpose of this Ordinance.

Non-liability of authorised officers

12. No authorised officer shall be personally liable in respect of any act done or omitted to be done by him in good faith in the execution or purported execution of his powers and duties under this Ordinance.

PART IV
ADDITIONAL OFFENCES AND LEGAL PROCEEDINGS

Throwing overboard or destroying incriminating evidence

13. Any person who, being on board any vessel being pursued or about to be boarded by any authorised officer, throws overboard or destroys any fish, fishing gear, explosive, poison, noxious substance or any other thing whatsoever, with intent to avoid the seizure of such fish, fishing gear, explosive, poison, noxious substance or thing, or the detection of any offence against this Ordinance, shall be liable on conviction to a fine of $400 and to imprisonment for 1 year.

Fishing with explosives, poison and other noxious substances

14. (1) Any person who-

(a) permits to be used, uses or attempts to use any explosive, or any poison or other noxious substance, for the purpose of killing, stunning, disabling or catching fish or in any way rendering fish more easily caught; or

(b) carries or has in his possession or control any explosive, poison or other noxious substance in circumstances which raise a reasonable presumption that such an explosive, poison or other noxious substance is intended to be used for any of the aforesaid purposes,

shall be liable on conviction to a fine of $200 and to imprisonment for 6 months.

(2) Any person who, knowing or having reasonable cause to believe that any fish has been taken in contravention of the provisions of this section, without lawful excuse, receives or is found in possession of such fish shall be liable on conviction-

(a) where the circumstances of such receipt or possession raise a reasonable presumption that the fish is intended to be sold in the course of business, to a fine of $200 and to imprisonment for 6 months; or

(b) where no such presumption arises, to a fine of $50 and to imprisonment for 2 months.

Forfeiture of gear, fish and vessels

15. Where any person is convicted of an offence against this Ordinance the court may, in addition to any other penalty it may impose, order that any fish caught or fish product produced in the commission of such offence or the proceeds of sale of such fish product, and any fishing gear, instruments or appliances and, in the case of any offence under section 5 (1), section 13 or section 14 (1) any vessel (together with its equipment, stores and cargo) used in the commission of such offence or in respect of which such offence has been committed, shall be forfeited to the Government, and if so forfeited such property shall be disposed of in such manner as the Minister may direct.

Presumption

16. All fish found on board any vessel used in the commission of an offence against the provisions of this Ordinance or in respect of which any such offence has been committed, shall, unless the contrary is proved, be presumed to have been caught in the commission of such offence.

Jurisdiction of the courts

17. Proceedings for any offence under this Ordinance shall be by way of summary trial before the Senior Magistrate:

Provided that proceedings for an offence under section 22 may be before any court having jurisdiction to try the same.

Disposal of seized goods

18. (1) Any fish, fish product or other article of a perishable nature seized or taken under the provisions of this Ordinance may on the direction of the Fisheries Officer be sold and the net proceeds of the sale held pending the outcome of any prosecution brought under this Ordinance, and if no such prosecution is brought such proceeds shall be paid to the owner of the fish, fish product or other article sold.

(2) Any vessel, fishing gear, instrument or appliance seized under section 9 which is not ordered to be forfeited under section 15 shall be returned to its owner.

(3) Where any vessel, fishing gear, instrument or appliance, fish or fish product has been seized under section 9 the court may order its release, on receipt of a satisfactory bond or other security from any person claiming such property, conditioned on such person-

(a) delivering such property to the court upon the order of the court, without any impairment of its value, and paying in full any fine imposed by the court in pursuance of this Ordinance; or

(b) paying the monetary value of such property in accordance with an order or judgment of the court together with any fine imposed.

PART V
MISCELLANEOUS

Fishing for scientific purposes

19. The Minister may, in writing, authorise any fishing vessel to fish within the fishery limits for the purpose of scientific investigations, and may for this purpose exempt such fishing vessel from all or any of the provisions of this Ordinance and, in making such exemption, may impose such conditions as he may think fit.

Power of the Minister to enter into agreements

20. The Minister may enter into an agreement with any person or any government, or agency of any government or international agency for the purpose of enabling the Minister to perform any of the functions conferred by or under this Ordinance, or for the purpose of facilitating the performance of those functions, or generally to advance the purposes for which this Ordinance was enacted.

Rewards

21. The court may order to be paid out of any fine inflicted for contravention of any of the provisions of this Ordinance such reward as the court thinks fit and proper to any person, not being a person employed for the purpose, giving information which may have led to the conviction of the offender:

Provided that such reward shall not exceed $200 or one-half of the fine imposed whichever shall be the less.

Regulations

22. The Minister may make regulations for the purpose of carrying out the provisions of this Ordinance and, without prejudice to the generality of the foregoing, may regulate the following matters-

(a) the training of fishermen and fisheries personnel;

(b) the procedure for the issue of licences and permits, the forms thereof and the forms of application therefor;

(c) the conditions and procedures to be observed by foreign fishing vessels while within the fishery limits;

(d) the conservation and protection of all species of fish by inter alia-

(i) establishing closed seasons for any area of Tuvalu or for any species of fish;

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

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

(iv) prohibiting certain types of fishing gear or methods of fishing;

(v) specifying minimum mesh sizes for fishing nets;

(e) the organisation of sport fishing;

(f) the development of fish farms and the importation of live fish;

(g) the marketing, distribution and export of fish and fish products;

(h) the handling, landing and transportation of fish and fish products;

(i) the methods and procedures to be adopted and the substances to be used in fish storage and processing;

(j) the inspection of fishing vessels and their catches, processing establishments and fish products;

(k) minimum standards for the merchantable quality of fish and fish products;

(l) methods of analysis of fish and fish products;

(m) the exemption of fishing vessels or fish processing establishments from any of the provisions of this Ordinance;

(n) the 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 Tuvalu waters;

(o) anything required to be prescribed by this Ordinance; and

(p) the provision of penalties for contraventions of such regulations, such penalties not to exceed imprisonment for up to 6 months or a fine of $1,000.

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[Subsidiary]

SUBSIDIARY LEGISLATION

Proclamation of fishery limits under section 2

L.N. 16/78

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.

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