Fisheries Act 1952 (Cth)
FISHERIES ACT 1952 [Note: This Act is "repealed" by Act No. 163 of 1991]
(#DATE 30:11:1989)
(#DATE 30:11:1989)
- Reprinted as at 30 November 1989
Act Date of Date of commencement Application,
Number and Assent saving or
Year transitional
provision
Fisheries Act 1952
7, 1952 13 Mar 1952 1 Jan 1955 (see Gazette 1954,
p. 3611)
Fisheries Act 1953
3, 1953 6 Mar 1953 1 Jan 1955 (see Gazette S. 5
1954, p. 3611)
Fisheries Act 1956
4, 1956 27 Mar 1956 24 Apr 1956 -
Fisheries Act 1959
48, 1959 22 May 1959 19 June 1959 -
Statute Law Revision (Decimal Currency) Act 1966
93, 1966 29 Oct 1966 1 Dec 1966 -
Fisheries Act 1967
116, 1967 17 Nov 1967 30 Jan 1968 (see Gazette S. 5 (2)
1968, p. 48)
Fisheries Act 1968
150, 1968 9 Dec 1968 S. 3 (1): 15 Apr
1970 (see s. 2 (2) and
Gazette 1970, p. 1499)
Remainder: Royal Assent -
Fisheries Act 1970
93, 1970 2 Nov 1970 2 Nov 1970 -
Fisheries Act 1973
218, 1973 20 Dec 1973 Ss. 1, 2, 8, 18 and
20: Royal Assent
Remainder: 1 Jan 1975
(see Gazette 1974, No.
98, p. 2) Ss. 19 and 20
as amended by
Fisheries (Papua New Guinea Boats) Act 1974
7, 1974 10 Apr 1974 Ss. 1, 2 and 4: Royal Assent
S. 3: 1 Jan 1975
(see s. 2 (2) and
Gazette 1974, No. 98, p. 2) S. 4
Fisheries Act 1975
3, 1975 4 Mar 1975 4 Mar 1975 -
Administrative Changes (Consequential Provisions) Act 1976
91, 1976 20 Sept 1976 S. 3: (a) S. 4
Fisheries Amendment Act 1978
99, 1978 24 Aug 1978 Ss. 1, 2 and 25:
Royal Assent
Remainder: 1 Nov 1979
(see Gazette 1979, Ss. 22 (2),
No. S189, p. 1) 24 and 25
Australian Federal Police (Consequential Amendments) Act 1979
155, 1979 28 Nov 1979 19 Oct 1979 (see s. 2
and Gazette 1979,
No. S206, p. 1) -
Australian Federal Police (Consequential Amendments) Act 1980
70, 1980 28 May 1980 28 May 1980 -
Fisheries Amendment Act 1980
86, 1980 29 May 1980 Ss. 1-11 and 14: Royal Assent
Remainder: 14 Feb 1983
(see Gazette 1983, No. S29,
p. 1) Ss. 7
(2) and 8 (2)
Fisheries Amendment (Whale Protection) Act 1980
93, 1980 6 June 1980 1 Oct 1981 (see s. 2 and
Gazette 1981, No. G39, p. 2) -
Fisheries Amendment Act 1981
181, 1981 8 Dec 1981 Ss. 1 and 2: Royal Assent
S. 8: 1 Nov 1982 (see
s. 2 (3) and Gazette
1982, No. G43, p. 2)
Remainder: 1 Nov 1982
(see s. 2 (2) and Gazette
1982, No. G43, p. 2) -
Statute Law (Miscellaneous Amendments) Act (No. 2) 1982
80, 1982 22 Sept 1982 Part LXXVII (s. 280):
Royal Assent (b) -
Torres Strait Treaty (Miscellaneous Amendments) Act 1984
22, 1984 26 Apr 1984 15 Feb 1985 (see s. 2
and Gazette 1985,
No. S38, p. 1) -
Fishing Legislation Amendment Act 1984
30, 1984 18 May 1984 15 June 1984
Ss. 10 (2), (3), 12
(2), (3) and 26 (2)
Fishing Legislation Amendment Act (No. 2) 1984
152, 1984 25 Oct 1984 31 Aug 1985 (see s. 2
and Gazette 1985,
No. S347, p. 1) -
Fishing Legislation Amendment Act 1985
29, 1985 22 May 1985 31 Aug 1985 (see Gazette
1985, No. S347, Ss. 9 (2)
p. 1) and 10 (2)
Fishing Legislation Amendment Act 1987
176, 1987 26 Dec 1987 Ss. 20 and 21: (see Note 2)
Ss. 27 (2), (3), 32
(2) and 35 (2): 24 Feb 1988
Remainder: 23 Jan 1988 Ss. 17 (2)
and 24 (2)
Fisheries Amendment Act 1987
177, 1987 26 Dec 1987 Ss. 1, 2, 15 (a) and
16: 23 Jan 1988 Remainder:
2 Aug 1988 (see
Gazette 1988, No.
S230, p.1) -
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988
99, 1988 2 Dec 1988 2 Dec 1988 -
(a) The Fisheries Act 1952 was amended by section 3 only of
the Administrative Changes (Consequential Provisions) Act 1976,
sub-section 2 (7) of which provides as follows:
"(7) The amendments of each other Act specified in the
Schedule made by this Act shall be deemed to have come into
operation on 22 December 1975."
(b) The Fisheries Act 1952 was amended by Part LXXVII (section
280) only of the Statute Law (Miscellaneous Amendments) Act (No.
2) 1982, sub-section 2 (1) of which provides as follows:
"(1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI,
XXXVI, XLIV, LI, LIII, LIV, LXI and LXXVII shall come into
operation on the day on which this Act receives the Royal Assent."
Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
Provisions affected How affected
am. No. 30, 1984
S. 3 rs. No. 48, 1959
am. No. 93, 1970
rep. No. 218, 1973
S. 4 am. No. 3, 1953; No. 48, 1959; No.
116, 1967; No. 150, 1968; No. 93, 1970; No. 218, 1973 (as am. by
No. 7, 1974); No. 3, 1975; No. 91, 1976; No. 99, 1978; No. 155,
1979; Nos. 70 and 86, 1980; No. 80, 1982; No. 30, 1984; No. 29,
1985; No. 177, 1987
S. 4A ad. No. 86, 1980
S. 5 am. No. 116, 1967; No. 99, 1978; No.
86, 1980; No. 30, 1984
S. 5AA ad. No. 22, 1984
S. 5A ad. No. 93, 1970
am. No. 218, 1973; No. 99, 1978; No.
86, 1980
Part II (s. 6) rep. No. 218, 1973
Part II (ss. 6, 6A) ad. No. 218, 1973
S. 5B ad. No. 99, 1978
am. No. 93, 1980
S. 6 rs. No. 218, 1973
am. No. 3, 1975
S. 6A ad. No. 218, 1973
am. No. 3, 1975; No. 91, 1976; No.
99, 1978; No. 86, 1980; No. 181, 1981; No. 30, 1984; No. 29, 1985 S. 6B ad. No. 30, 1984
S. 7 rs. No. 86, 1980
S. 7A ad. No. 99, 1978
S. 7B ad. No. 29, 1985
am. No. 176, 1987
S. 7C ad. No. 29, 1985
am. No. 99, 1988
S. 8 am. No. 48, 1959; No. 218, 1973; Nos.
86 and 93, 1980; No. 181, 1981; No. 30, 1984; No. 29, 1985; No.
176, 1987
S. 8A ad. No. 30, 1984
am. No. 29, 1985; No. 99, 1988
S. 9 am. No. 4, 1956; No. 116, 1967
rs. No. 218, 1973
am. No. 3, 1975; No. 91, 1976; No.
99, 1978; No. 181, 1981; Nos. 30 and 152, 1984; No. 29, 1985;
No. 176, 1987
S. 9A ad. No. 218, 1973
am. No. 30, 1984; No. 29, 1985
Ss. 9B-9D ad. No. 181, 1981
S. 9E ad. No. 177, 1987
S. 10 am. No. 116, 1967; No. 218, 1973; No.
3, 1975; No. 91, 1976; No. 99, 1978; No. 181, 1981; Nos. 30 and
152, 1984; No. 29, 1985; Nos. 176 and 177, 1987
S. 10A ad. No. 99, 1978
Ss. 11, 12 am. No. 218, 1973; No. 86, 1980
Part IVA (ss. 12A-12R) ad. No. 86, 1980
S. 12A ad. No. 86, 1980
am. No. 29, 1985
Ss. 12B-12D ad. No. 86, 1980
S. 12E ad. No. 86, 1980
am. No. 30, 1984; No. 29, 1985
Ss. 12F, 12G ad. No. 86, 1980
S. 12H ad. No. 86, 1980
am. No. 22, 1984
S. 12J ad. No. 86, 1980
am. No. 30, 1984; No. 29, 1985
Ss. 12K-12M ad. No. 86, 1980
S. 12MA ad. No. 29, 1985
S. 12N ad. No. 86, 1980
S. 12NA ad. No. 30, 1984
S. 12P ad. No. 86, 1980
am. Nos. 30 and 152, 1984; No. 29, 1985
Ss. 12Q, 12R ad. No. 86, 1980
S. 12S ad. No. 30, 1984
am. No. 29, 1985
S. 13 am. No. 48, 1959; No. 93, 1966; No.
116, 1967
rs. No. 218, 1973
am. No. 99, 1978; No. 93, 1980, No.
181, 1981; Nos. 30 and 152, 1984; No. 29, 1985; No. 177, 1987
S. 13A ad. No. 48, 1959
rs. No. 218, 1973
am. No. 99, 1978; No. 29, 1985
S. 13AA ad. No. 116, 1967
rep. No. 218, 1973
ad. No. 3, 1975
am. No. 99, 1978; No. 29, 1985
S. 13AB ad. No. 3, 1975
am. No. 99, 1978; No. 181, 1981; Nos.
30 and 152, 1984; No. 29, 1985; No. 177, 1987
S. 13B ad. No. 218, 1973
am. No. 3, 1975; No. 99, 1978; No.
181, 1981; No. 30, 1984; No. 29, 1985; No. 177, 1987
S. 13BA ad. No. 99, 1978
am. No. 181, 1981; No. 30, 1984
S. 13BAA ad. No. 30, 1984
S. 13BAB ad. No. 176, 1987
S. 13BB ad. No. 99, 1978
am. No. 181, 1981; No. 22, 1984; No.
29, 1985
S. 13BC ad. No. 177, 1987
S. 13C ad. No. 218, 1973
am. No. 3, 1975; No. 99, 1978; No.
177, 1987
S. 13D ad. No. 218, 1973
am. No. 99, 1978
S. 13E ad. No. 30, 1984
am. No. 152, 1984; No. 29, 1985; No.
177, 1987
S. 14 am. No. 93, 1966; No. 218, 1973; No.
181, 1981; No. 152, 1984; No. 29, 1985; No. 176, 1987
S. 14A ad. No. 218, 1973
am. No. 3, 1975; No. 99, 1978
S. 14B am. No. 176, 1987
S. 15 am. No. 3, 1953
rs. No. 116, 1967
am. No. 218, 1973
rs. No. 99, 1978
am. No. 181, 1981
rs. No. 152, 1984
am. No. 29, 1985; No. 177, 1987
S. 15AA ad. No. 177, 1987
S. 15A ad. No. 152, 1984
am. No. 29, 1985
S. 16 rs. No. 48, 1959
am. No. 218, 1973; No. 3, 1975; No.
99, 1978; No. 86, 1980; No. 181, 1981; No. 30, 1984; No. 177,
1987
S. 16A ad. No. 116, 1967
am. No. 93, 1970; No. 218, 1973
rep. No. 3, 1975
ad. No. 30, 1984
am. No. 29, 1985
S. 17 am. No. 48, 1959; No. 93, 1966; No.
218, 1973; No. 3, 1975; No. 91, 1976; No. 99, 1978; No. 86,
1980; No. 181, 1981; Nos. 30 and 152, 1984; No. 29, 1985; Nos.
176 and 177, 1987
S. 18 ad. No. 177, 1987
Schedule ad. No. 177, 1987
FISHERIES ACT 1952 - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
PART I - PRELIMINARY
Section
1. Short title
2. Commencement
4. Interpretation
4A. Coastal waters
5. Application
5AA. Application of Act to Protected Zone
5A. Operation of certain State and Territory laws
PART II - ADMINISTRATION
5B. Objectives to be pursued
6. Secretary and delegates subject to directions of Minister
6A. Delegation
6B. Issue of permits for scientific purposes
PART III - REGULATION OF FISHERIES
7. Proclaimed waters
7A. Excepted waters
7B. Management plans
7C. Tabling, disallowance etc. of determinations under
sub-section 7B (1)
8. Regulation of fishing
8A. Tabling, disallowance etc. of notices under section 8
9. Licences
9A. Suspension and cancellation of licences
9B. Agreements to grant licences
9C. Payment of levy
9D. Fisheries agreements
9E. Treaty licences
10. Powers of officers
10A. Release of seized property
PART IV - RESEARCH AND DEVELOPMENT
11. Exploratory operations
12. Investigations
PART IVA - CO-OPERATION WITH STATES AND NORTHERN
TERRITORY IN MANAGEMENT OF FISHERIES
Division 1 - Preliminary
12A. Interpretation
12B. Application of Part in relation to Northern Territory
12C. Acting Ministers
Division 2 - Establishment and procedure of
Joint Authorities
12D. Establishment of Joint Authorities
12E. Delegation
12F. Procedure of Joint Authorities
12G. Annual Reports
Division 3 - Arrangements with respect to management
of particular fisheries
12H. Arrangements with States
12J. Arrangements
12K. Extension of operation of this Act in accordance with arrangement
12L. Exclusion of this Act in accordance with arrangement
12M. Functions of Joint Authorities under this Act
12MA. Powers of Joint Authority to determine plans of management
12N. Powers of Joint Authority to regulate fishing
12NA. Powers of Joint Authority with respect to permits
12P. Powers of Joint Authority with respect to licences
12Q. Application of provisions relating to offences
12R. Evidentiary provision
12S. Reconsideration and review of decisions by Joint Authority
PART V - MISCELLANEOUS
13. Offences
13A. Removing fish from traps etc.
13AA. Using foreign boat for fishing for private purposes
13AB. Having foreign boat equipped with nets etc.
13B. Using foreign boat for fishing in Australian fishing zone
13BA. Certain foreign boats not to enter Australian ports
13BAA. Certain foreign boats authorised to enter Australian ports
13BAB. Taking etc. of fish not an offence in certain circumstances
13BB. Foreign boats not to land fish in Australia
13BC. Foreign boats not to contravene condition of Treaty licence
13C. Forfeiture
13D. Forfeited property
13E. Court may make certain orders
14. Obstruction of officers etc.
14A. Liability of master of boat
14B. Conduct by directors, servants or agents of bodies corporate
15. Certain offences to be indictable offences
15AA. Certain prosecutions to require consent of Minister
15A. Enforcement of orders for payment
16. Evidence
16A. Reconsideration and review of decisions by the Minister
or Secretary
17. Regulations
18. Orders
SCHEDULE
TREATY ON FISHERIES
BETWEEN THE GOVERNMENTS OF CERTAIN PACIFIC ISLAND
STATES AND THE GOVERNMENT OF THE UNITED
STATES OF AMERICA
FISHERIES ACT 1952 - LONG TITLE SECT
An Act relating to Fisheries
FISHERIES ACT 1952 - PART I
PART I - PRELIMINARY
FISHERIES ACT 1952 - SECT 1
Short titleSECT
1. This Act may be cited as the Fisheries Act 1952.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
FISHERIES ACT 1952 - SECT 2
CommencementSECT
2. This Act shall come into operation on a date to be fixed by Proclamation.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
FISHERIES ACT 1952 - SECT 4
InterpretationSECT
4. (1) In this Act, unless the contrary intention appears -
"Administrator" means the person or organisation who or that is the Administrator within the meaning of the Treaty;
"Australian boat" means a boat the operations of which are based on a place in Australia or an external Territory and that is wholly owned by a natural person who is a resident of, or by a company incorporated in, Australia or an external Territory, being a boat that -
(a) was built in Australia or an external Territory;
(b) has been lawfully imported into Australia, otherwise
than for a limited period, or into an external Territory; or
(c) has been sold, or otherwise disposed of, in Australia
or an external Territory after having been forfeited or distrained under this or any other Act or under a law of a State or Territory;
"Australian fishing zone" means -
(a) the waters adjacent to Australia and having as their
inner limits the baselines by reference to which the territorial limits of Australia are defined for the purposes of international law and as their outer limits lines seaward from those inner limits every point on each of which is distant 200 nautical miles from the point on one of those baselines that is nearest to the first-mentioned point; and
(b) the waters adjacent to each external Territory and
having as their inner limits the baselines by reference to which the territorial limits of that Territory are defined for the purposes of international law and as their outer limits lines seaward from those inner limits every point on each of which is distant 200 nautical miles from the point on one of those baselines that is nearest to the first-mentioned point,
but does not include -
(c) waters that are not proclaimed waters;
(d) waters that are excepted waters; or
(e) waters that are described in an agreement in force
between Australia and another country as waters that are not to be taken, for the purposes of this Act, to be within the Australian fishing zone;
"boat" means steamer, launch, vessel or floating craft of any description;
"carrying", in relation to fish, includes preserving for the purpose of carriage or storing for that purpose;
"excepted waters" means proclaimed waters specified by Proclamation in force under section 7A;
"fish" includes -
(a) turtles;
(b) dugong; and
(c) subject to paragraph (e), crustacea and molluscs,
but does not include -
(d) any species of whales; or
(e) any organism that is a sedentary organism for the
purposes of the Continental Shelf (Living Natural Resources) Act 1968;
"fishing" means the taking of fish, and includes the processing of fish that have been taken or the carrying of fish that have been taken;
"fishing vessel of the United States" has the same meaning as it has when used in the Treaty;
"foreign boat" means a boat other than an Australian boat;
"licence" means a licence granted under section 9;
"managed fishery" means a class of activities by way of fishing, being a class of such activities that is identified in a plan of management as a fishery to which the plan of management applies;
"master", in relation to a boat, means the master or other person in charge of the boat;
"master fisherman's licence" means a licence granted under sub-section 9 (1);
"net" means a fabric of rope, cord, twine or other material knotted or woven into meshes and designed or fitted to catch fish;
"observer" means a person who is an observer within the meaning of Part 6 of Annex I to the Treaty;
"officer" means -
(a) an officer or employee of the Commonwealth, of the
Administration of a Territory or of an authority of the Commonwealth who is authorized in writing by the Secretary to perform duties under this Act;
(b) an officer or employee of a State who is authorized in
writing by the Secretary to perform duties under this Act in pursuance of an arrangement between the Commonwealth and the State;
(c) a member or special member of the Australian Federal
Police or a member of the Police Force of a State or Territory; or
(d) a member of the Defence Force;
"Pacific Island party", in relation to the Treaty, has the same meaning as it has when used in the Treaty;
"Pacific Island party officer" means a person (other than a person referred to in paragraph (a), (b), (c) or (d) of the definition of "officer") who is authorised by or under the law of a Pacific Island party to perform the functions and duties of an observer on Treaty boats;
"party", in relation to the Treaty, has the same meaning as it has when used in the Treaty;
"plan of management" means a plan of management determined under sub-section 7B (1);
"private purposes" means purposes other than trading or manufacturing purposes;
"processing", in relation to fish, includes the work of cutting up, dismembering, cleaning, sorting or packing;
"proclaimed waters" means waters declared by a Proclamation in force under section 7 to be proclaimed waters, and includes, for the purposes referred to in section 12K, waters deemed by that section to be proclaimed waters;
"take", in relation to fish, means take, catch or capture for trading or manufacturing purposes and "taking" has a corresponding meaning;
"the Secretary" means the Secretary to the Department;
"trap" means an enclosure (not being a net) designed to catch fish, whether fixed to the shore or not.
"Treaty" means the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America that was signed at Port Moresby on 2 April 1987, a copy of which is set out in the Schedule, and, subject to subsection (5), includes that Treaty as amended from time to time;
"Treaty area" has the same meaning as it has when used in the Treaty;
"Treaty boat" means a foreign boat that is a fishing vessel of the United States;
"Treaty licence" means a licence issued, for the purposes of the Treaty, by the Administrator in respect of a Treaty boat;
"Treaty licensing area" means the waters that are within both:
(a) the Australian fishing zone; and
(b) the Treaty area;
other than waters within an area that is a closed area in relation to Australia within the meaning of Annex I to the Treaty.
(2) Where a boat has been lawfully imported into Australia for a limited period and the Minister is satisfied that the extent of participation by citizens or residents of Australia, either directly or through the holding of shares in a company or otherwise indirectly, in the control of the operations of the boat in proclaimed waters during that period, and the nature of those operations, will be such as to justify him in so doing, he may, in his discretion, by instrument published in the Gazette, declare that, during that period, the boat is to be deemed to be an Australian boat for the purposes of this Act and, while such an instrument is in force in respect of a boat, the boat shall be deemed to be an Australian boat for the purposes of this Act.
(3) The Minister may -
(a) by reason of a change in circumstances, by instrument published in the Gazette, at any time revoke an instrument under sub-section (2); or
(b) by instrument published in the Gazette, extend the period for which an instrument under sub-section (2) is to remain in force.
(4) A reference in this Act to a relevant Treaty purpose is a reference to the purpose of:
(a) performing the functions and duties of an observer in accordance with Part 6 of Annex I to the Treaty or an observer program conducted in accordance with the Treaty; or
(b) ascertaining whether the provisions of this Act have been or are being complied with on, or in relation to the use of, a Treaty boat while it is in the Australian fishing zone.
(5) An amendment to the Treaty:
(a) does not have effect for the purposes of this Act unless the amendment is declared by the regulations to have effect for the purposes of this Act; and
(b) takes effect for the purposes of this Act on the day on which the regulations referred to in paragraph (a) take effect or such later day as is specified in those regulations.
FISHERIES ACT 1952 - SECT 4A
Coastal watersSECT
4A. (1) For the purposes of this Act, the coastal waters of a State or internal Territory are -
(a) the part or parts of the territorial sea of Australia that is or are adjacent to that State or Territory, other than any part referred to in sub-section (2); and
(b) any marine or tidal waters that are on the landward side of any part of the territorial sea of Australia and are adjacent to that State or Territory but are not within the limits of a State or Territory.
(2) If at any time the breadth of the territorial sea of Australia is determined or declared to be greater than 3 nautical miles, the coastal waters of a State or internal Territory do not include, for the purposes of this Act, any part of the territorial sea of Australia that would not be within the limits of that territorial sea if the breadth of that territorial sea had continued to be 3 nautical miles.
(3) Any part of the territorial sea of Australia that is adjacent to the Jervis Bay Territory shall, for the purposes of sub-section (1), be deemed to be adjacent to New South Wales.
FISHERIES ACT 1952 - SECT 5
ApplicationSECT
5. (1) This Act extends to all of the Territories and has extra-territorial operation according to its tenor.
(2) In relation to proclaimed waters comprised in the Australian fishing zone, this Act applies to all persons, including foreigners, and to all boats, including foreign boats.
(3) In relation to proclaimed waters beyond the outer limits of the Australian fishing zone, this Act -
(a) applies to all persons, including foreigners, on Australian boats; and
(b) does not apply to foreign boats.
FISHERIES ACT 1952 - SECT 5AA
Application of Act to Protected ZoneSECT
5AA. (1) The provisions of this Act other than this section and sections 10 and 14 do not, except in relation to matters that occurred before the commencement of the Torres Strait Fisheries Act 1984, apply to or in relation to the Protected Zone.
(2) Where there is in force a Proclamation under sub-section 15 (1) or (2) of the Torres Strait Fisheries Act 1984 in relation to an area adjacent to the Protected Zone, the provisions of this Act other than this section and sections 10 and 14 do not, except in relation to matters that occurred before the Proclamation came into force, apply to or in relation to any activities within that area to which the Torres Strait Fisheries Act 1984 applies by virtue of the Proclamation.
(3) In this section, "Protected Zone" has the same meaning as in the Torres Strait Fisheries Act 1984.
FISHERIES ACT 1952 - SECT 5A
Operation of certain State and Territory lawsSECT
5A. (1) This Act or any other law of the Commonwealth shall not be taken to exclude the operation of a law of a State or of a Territory in so far as that law of a State or Territory relates to the licensing of persons to use premises for the preparation, processing, storage or examination of fish.
(2) It is the intention of the Parliament that this Act shall apply to the exclusion of any law of a State or Territory relating to the taking, catching, capturing, processing or carrying of fish so far as that law would, but for this Act, apply to -
(a) activities in waters declared by Proclamation in force under section 7 to be proclaimed waters, not being -
(i) activities carried on for private purposes otherwise
than by the use of a foreign boat; or
(ii) activities to which, by reason of section 12L, this
Act does not apply; or
(b) activities in the coastal waters of a State or Territory in respect of a fishery to which an arrangement referred to in section 12K relates, not being activities carried on for private purposes otherwise than by the use of a foreign boat.
FISHERIES ACT 1952 - PART II
PART II - ADMINISTRATION
FISHERIES ACT 1952 - SECT 5B
Objectives to be pursuedSECT
5B. In the administration of this Act, the Minister shall have regard to the objectives of -
(a) ensuring, through proper conservation and management measures, that the living resources of the Australian fishing zone are not endangered by over-exploitation; and
(b) achieving the optimum utilization of the living resources of the Australian fishing zone,
but shall ensure, so far as practicable, that measures adopted in pursuit of those objectives shall not be inconsistent with the preservation, conservation and protection of all species of whales.
FISHERIES ACT 1952 - SECT 6
Secretary and delegates subject to directions of MinisterSECT
6. The Secretary or his delegate or a delegate of the Minister is, in the exercise of his powers and the performance of his functions under this Act, subject to the directions of the Minister.
FISHERIES ACT 1952 - SECT 6A
DelegationSECT
6A. (1) Subject to this section, the Minister or the Secretary may, by writing under his hand, delegate to a person or authority, either generally or otherwise, all or any of his powers and functions under this Act except this power of delegation and powers and functions under sub-section 9 (8B) or under section 9B, 9C or 9D.
(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister or the Secretary, as the case may be.
(3) A delegation under this section may be expressed as a delegation to the person from time to time holding, or performing the duties of, a specified office in the Department or a specified office in the service of, in the service of an authority of, or under the law of, a State or the Northern Territory.
(4) The Minister or the Secretary shall not delegate to a person other than a person holding, or performing the duties of, an office in the Department -
(a) his power to grant a licence under this Act in respect of a foreign boat;
(b) his power to transfer a licence granted under sub-section 9 (3);
(c) his powers under sub-section 16A (4); or
(d) any of his powers or functions under section 6B, sub-section 9 (3), (3A), (4B) or (5B) or section 9A.
(5) The Minister shall not delegate to a person other than the Secretary -
(a) the Minister's powers to make, vary and revoke determinations under sub-section 7B (1); or
(b) the Minister's function under sub-section 7C (1).
(6) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the person who gave the delegation.
FISHERIES ACT 1952 - SECT 6B
Issue of permits for scientific purposesSECT
6B. (1) The Minister or the Secretary may grant to a person a permit in respect of a boat authorizing that person to engage, for scientific purposes, in such activities by way of fishing with the use of the boat as are specified in the permit in proclaimed waters or in a specified area of proclaimed waters.
(2) The holder of a permit in force under sub-section (1) or a person acting on behalf of the holder of such a permit is not guilty of an offence against this Act by reason of anything done by him that is authorized by the permit to be done by the holder of the permit.
(3) A permit granted under sub-section (1) is subject to such conditions as are specified in the permit.
(4) The Minister or the Secretary may, by notice in writing given to the holder of a permit in force under sub-section (1) -
(a) revoke the permit; or
(b) vary or revoke the conditions to which the permit is subject or specify further conditions to which the permit is to be subject.
FISHERIES ACT 1952 - PART III
PART III - REGULATION OF FISHERIES
FISHERIES ACT 1952 - SECT 7
Proclaimed watersSECT
7. (1) Subject to sub-section (2), the Governor-General may, by Proclamation, declare any marine or tidal waters to be proclaimed waters for the purposes of this Act.
(2) A Proclamation under sub-section (1) shall not extend to the coastal waters of, or waters within the limits of, a State or internal Territory.
FISHERIES ACT 1952 - SECT 7A
Excepted watersSECT
7A. The Governor-General may, by Proclamation, declare any proclaimed waters to be excepted waters for the purposes of this Act.
FISHERIES ACT 1952 - SECT 7B
Management plansSECT
7B. (1) The Minister may, by instrument in writing, determine a plan of management for a fishery in proclaimed waters.
(2) A plan of management for a fishery shall set out -
(a) the objective of the plan of management; and
(b) measures by which the objective is to be attained.
(3) Without limiting the generality of sub-section (2), the Minister may, in a plan of management for a fishery -
(a) determine the manner in which the fishing capacity of the fishery is to be measured; and
(b) determine the fishing capacity, measured in that manner, permitted for the fishery.
(4) Without limiting the generality of sub-section (2), a plan of management for a fishery may make provision for and in relation to -
(a) the granting of licences under sub-sections 9 (2) and (3) in relation to the fishery;
(b) the conditions to which licences granted under sub-sections 9 (2) and (3) in relation to the fishery are to be subject; and
(c) the duration, transfer, renewal and variation of licences granted under sub-sections 9 (2) and (3) in relation to the fishery.
(5) Where, in a plan of management for a fishery, the Minister determines the fishing capacity permitted for the fishery, then, without limiting the generality of sub-section (2), the plan of management may make provision for and in relation to -
(a) the division of the fishing capacity permitted for the fishery into units (in this section referred to as "units of fishing capacity");
(b) the allocation to persons of units of fishing capacity in the fishery;
(c) the assignment of units of fishing capacity to boats, and the holding, and cessation of holding, of units of fishing capacity in relation to boats;
(d) requiring units of fishing capacity to be held in relation to boats;
(e) the determination of the number of units of fishing capacity to be held in relation to boats;
(f) the holding of units of fishing capacity that are not assigned to a boat, including the number of such units of fishing capacity that may be held by a person and the period during which such units of fishing capacity may be held;
(g) the duration, variation, re-assignment, transfer, surrender, replacement, renewal of allocation, suspension and cancellation of units of fishing capacity;
(h) the recording of the allocation, assignment, holding, cessation of holding, variation, re-assignment, transfer, surrender, replacement, renewal of allocation, suspension and cancellation of units of fishing capacity and the manner in which such recording is to be evidenced, including the issue, recall and replacement of certificates and other documents evidencing such recording; and
(j) the reconsideration of decisions made under the plan of management.
(6) Such fees (if any) as are prescribed are payable in respect of the allocation, assignment, variation, re-assignment, transfer, replacement, and renewal of allocation, of units of fishing capacity and the issue and replacement of certificates and other documents evidencing the recording of the allocation, assignment, holding, cessation of holding, variation, re-assignment, transfer, replacement, and renewal of allocation, of units of fishing capacity.
(7) Regulations made for the purposes of sub-section (6) may specify different fees, or prescribe different methods of calculating fees, in respect of units of fishing capacity included in different classes of units of fishing capacity.
(8) While a plan of management is in force for a fishery, the Minister and the Secretary shall perform their functions, and exercise their powers, under this Act in relation to the fishery in accordance with the plan of management, and not otherwise.
(8A) The Minister and the Secretary shall, in the performance of their functions and the exercise of their powers generally under this Act, have regard to the effects, either direct or indirect, that the performance of the functions and exercise of the powers may have in relation to any plan or plans of management.
(9) In this section -
"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975;
"fishery" means a class of activities by way of fishing, being a class of such activities that is identified in a plan of management as a fishery to which the plan of management applies.
(10) Without limiting the matters by reference to which a fishery may be identified in a plan of management, those matters include all or any of the following:
(a) a species of fish;
(b) a description of fish by reference to sex or any other characteristic;
(c) an area of waters or of seabed;
(d) a method of fishing;
(e) a class of boats;
(f) a class of persons;
(g) a purpose of activities.
FISHERIES ACT 1952 - SECT 7C
Tabling, disallowance etc. of determinations under sub-section 7B (1)SECT
7C. (1) The Minister shall cause to be published in the Gazette, in respect of each determination, notice of -
(a) the fact that the determination has been made; and
(b) the place or places where copies of the determination can be obtained.
(2) A determination may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification -
(a) a provision of any Act or any regulation made under an Act, of any notice published under section 8 or of any other determination as in force at a particular time or as in force from time to time; or
(b) any matter contained in any other instrument or writing as in force or existing at the time when the determination takes effect.
(3) Sections 48 (other than paragraph (1) (a)), 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply to determinations as if, in those sections, references to regulations were references to determinations and references to a regulation were references to a provision of a determination.
(4) Determinations are not statutory rules within the meaning of the Statutory Rules Publication Act 1903.
(5) For the purposes of section 5 of the Evidence Act 1905, a determination shall be deemed to be an order made by a Minister.
(6) A determination shall be deemed to be an enactment for the purposes of the Administrative Appeals Tribunal Act 1975.
(7) In this section, "determination" means a determination under sub-section 7B (1).
FISHERIES ACT 1952 - SECT 8
Regulation of fishingSECT
8. (1) The Minister may, by notice published in the Gazette -
(a) prohibit the taking, processing or carrying of fish, or fish included in a class of fish specified in the notice;
(b) prohibit the taking of fish included in a class of fish specified in the notice that -
(i) are less than a size so specified;
(ii) are not greater than a size so specified;
(iii) have a dimension less than a dimension so specified;
or
(iv) have a part with a dimension less than a dimension so
specified in relation to that part;
(c) prohibit the taking of fish, or fish included in a class of fish specified in the notice, by a method, equipment or boat of a kind specified in the notice;
(d) prohibit the master of a boat that is included in a class of boats specified in the notice from having on board the boat a number of persons greater than a number specified in, or ascertainable as provided in, the notice for the purpose of engaging in fishing;
(daa) prohibit a person from using, or having in the person's possession or charge in a boat, equipment of a specified kind for taking fish unless that equipment is marked or otherwise identified in a specified manner;
(da) prohibit a person from having in the person's possession or in the person's charge in a boat equipment of a specified kind for taking fish;
(e) prohibit a person from having in his possession or in his charge in a boat equipment of a specified kind for taking fish unless that equipment is stowed and secured or carried in a specified manner;
(f) prohibit a person from using, or having in his possession or in his charge in a boat, a quantity of equipment of a specified kind for taking fish that is a quantity in excess of a quantity specified in, or ascertainable as provided in, the notice;
(g) prohibit a person from using, or having in his possession or in his charge in a boat, equipment of a kind to which the notice applies, unless that equipment is registered, or there is a licence in respect of that equipment, under the law of a State or a Territory specified in the notice; and
(h) prohibit the navigating by any person of a boat in respect of which a licence has been issued under sub-section 9 (2) or (3).
(2) A notice under subsection (1) may do all or any of the following:
(a) contain prohibitions under 2 or more paragraphs of that subsection;
(b) specify the day on which the prohibition or a particular prohibition contained in the notice is to come into force (whether the same as, or different from, a day specified under this paragraph in relation to any other prohibition that may be contained in the notice);
(c) specify the period during which the prohibition or a particular prohibition contained in the notice is to have effect (whether the same as, or different from, a period specified under this paragraph in relation to any other prohibition that may be contained in the notice);
(d) provide for exemptions from the prohibition or prohibitions contained in the notice.
(3) Without limiting the generality of the power conferred by sub-section (1) to prohibit the taking of fish included in a class of fish, that power extends to prohibiting, in the case of rock lobster, the taking of female rock lobster having eggs or spawn attached to them.
(4) In a notice containing a prohibition under paragraph (1) (b), the Minister may also prohibit the cutting up or dismembering, on a boat in proclaimed waters, or in the area of proclaimed waters, as the case may be, of the fish, or of the fish included in the class of fish, specified in the prohibition that are taken from proclaimed waters, or from the area of proclaimed waters, as the case may be.
(4A) A prohibition contained in a notice under sub-section (1) comes into force on the day on which the notice is published or on such later day as is specified in the notice.
(4B) A prohibition contained in a notice under sub-section (1) has effect -
(a) if an area of proclaimed waters is specified in the notice as being the area in respect of which the prohibition is to have effect - in that area; and
(b) in any other case - in any area of proclaimed waters.
(4C) A prohibition contained in a notice under sub-section (1) has effect -
(a) if a period is specified in the notice as being the period during which the prohibition is to have effect - during that period; or
(b) in any other case - at all times.
(4D) A notice under sub-section (1) may provide that the activities to which a prohibition contained in the notice relates are -
(a) activities in relation to a managed fishery specified in the notice that would be authorized by a licence granted by virtue of paragraph 9 (2) (b) or (3) (b) in relation to the managed fishery; or
(b) activities in respect of which an endorsement may be made under sub-section 9 (4).
(4DAA) Where:
(a) a notice (in this subsection referred to as the "subsequent notice") under subsection (1) revokes a previous notice under that subsection; and
(b) the subsequent notice provides that the activities to which a prohibition contained in the notice relates are activities in respect of which an endorsement may be made under subsection 9 (4);
the subsequent notice may also provide that endorsements made under subsection 9 (4) that would, but for the revocation of the previous notice, have had effect in relation to a specified prohibition contained in the previous notice during any period or periods after the revocation are to have effect during that period or those periods in relation to the prohibition contained in the subsequent notice.
(4DA) Where -
(a) a notice under sub-section (1) provides that the activities to which a prohibition contained in the notice relates are activities in relation to a managed fishery specified in the notice that would be authorized by a licence granted by virtue of paragraph 9 (2) (b) or (3) (b) in relation to the managed fishery; and
(b) such a licence is granted in respect of a boat, the prohibition does not apply in relation to the use of the boat during any period during which the licence is in force.
(4E) Where -
(a) a notice under sub-section (1) provides that the activities to which a prohibition contained in the notice relates are activities in respect of which an endorsement may be made under sub-section 9 (4); and
(b) an endorsement is made pursuant to sub-section 9 (4) in a licence in force in respect of a boat,
the prohibition does not apply in relation to the use of the boat during any period during which the endorsement has effect.
(4F) Where a notice makes provision as mentioned in subsection (4DAA), the endorsements referred to in the notice have effect in accordance with the notice.
(5) For the purposes of section 5 of the Evidence Act 1905, a notice under this section shall be deemed to be an order within the meaning of that section.
FISHERIES ACT 1952 - SECT 8A
Tabling, disallowance etc. of notices under section 8SECT
8A. (1) Sections 48 (other than paragraphs 48 (1) (a) and (b) and sub-section 48 (2)), 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to notices published under section 8 by the Minister, and so apply as if, in those sections of the Acts Interpretation Act 1901, references to regulations were references to notices published under section 8 by the Minister and references to a regulation were references to a provision of a notice published under section 8 by the Minister.
(1A) A notice published under section 8 may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification -
(a) a provision of any Act or any regulation made under an Act, of any determination made under sub-section 7B (1) or of any other notice published under section 8 as in force at a particular time or as in force from time to time; or
(b) any matter contained in any other instrument or writing as in force or existing when the notice comes into force.
(2) Notices published under section 8 shall be deemed not to be Statutory Rules within the meaning of the Statutory Rules Publication Act 1903.
FISHERIES ACT 1952 - SECT 9
LicencesSECT
9. (1) Subject to sub-section (8AA), the Minister or the Secretary may grant to a person a master fisherman's licence authorizing the person to be in charge of a boat that is being used for fishing in proclaimed waters or in a specified area of proclaimed waters.
(2) Subject to sub-section (8AA), the Minister or the Secretary may grant to a person a licence in respect of a boat authorizing the use of the boat by that person, or a person acting on that person's behalf, for -
(a) taking fish in proclaimed waters or a specified area of the proclaimed waters; or
(b) a specified managed fishery,
and for processing and carrying fish that have been taken as a result of that use of the boat.
(3) Subject to sub-section (8AA), the Minister or the Secretary may grant to a person a licence in respect of a boat authorizing the use of the boat by that person, or a person acting on that person's behalf, for -
(a) carrying, or processing and carrying, in proclaimed waters, or a specified area of proclaimed waters, fish that have been taken with the use of another boat; or
(b) carrying, or processing and carrying, in proclaimed waters, or a specified area of proclaimed waters, fish that have been taken with the use of another boat for a specified managed fishery.
(3AA) Without otherwise limiting the generality of subsections (2) and (3), the Minister or the Secretary may refuse to grant a licence under either of those subsections in respect of a boat if the Minister or the Secretary, as the case may be, has reason to believe that a requirement of a law of the Commonwealth, or of a State or Territory, has not been complied with in relation to the boat.
(3A) Subject to sub-section (8AB), the Minister or the Secretary may, at any time, endorse a licence granted under this section in respect of a foreign boat so as to extend it -
(a) to authorize the boat to be brought into a specified port in Australia or in an external Territory at such time as is, or at such times as are, specified in the endorsement; or
(b) to authorize the boat to be brought into a specified port in Australia or in an external Territory at such time as is, or at such times as are, specified in the endorsement and to authorize the landing at that port of fish carried on board the boat at the time when the boat is brought into the port.
(4) Subject to sub-section (8AB), the Minister or the Secretary may endorse a licence granted by virtue of paragraph (2) (a) or (3) (a) in respect of a boat so as to extend the licence to authorize the use of the boat, at any time or during a period specified in the endorsement, for activities by way of fishing that are prohibited by a prohibition contained in a notice in force under sub-section 8 (1), being a notice identified in the endorsement.
(4A) The Minister or the Secretary may, after being requested in writing to do so by the holder of a licence in respect of which an endorsement under sub-section (4) is in force, revoke the endorsement.
(4B) The Minister or the Secretary may, by notice in writing given to the holder of a licence in respect of which an endorsement under sub-section (3A) or (4) is in force, revoke the endorsement.
(5) A licence granted under this section -
(a) is subject to such conditions as are -
(i) specified in the licence;
(ii) prescribed in relation to -
(A) all licences granted under this section;
(B) a class of licences granted under this section in
which the licence is included; and
(iii) in the case of a licence granted by virtue of
paragraph (2) (b) or (3) (b) - specified in the plan of management for the managed fishery in relation to which the licence has been granted;
(b) comes into force on the day specified for the purpose in the licence or, if no day is so specified, on the day on which it is granted; and
(c) remains in force, subject to sub-section (6A) and section 9A, until the day specified for the purpose in the licence, being -
(i) in the case of a licence granted under sub-section
(1) or by virtue of paragraph (2) (a) or (3) (a) - a day in the period of 12 months commencing on the day on which the licence came into force or, if regulations for the purposes of this subparagraph specify a different period in relation to all licences to which this subparagraph applies, or in relation to a class of those licences that includes the licence, a day in the period so specified; or
(ii) in the case of a licence granted by virtue of
paragraph (2) (b) or (3) (b) - a day in the period of 12 months commencing on the day on which the licence came into force or, if a different period is specified for the purpose in the plan of management for the managed fishery in relation to which the licence has been granted, a day in the period so specified.
(5A) Without limiting the generality of sub-section (5), the conditions that may be specified in a licence granted under this section, or, in the case of a licence granted by virtue of paragraph (2) (b) or (3) (b), in the plan of management for the managed fishery in relation to which the licence has been granted, include conditions relating to -
(a) the class or classes of fish that may be taken, processed or carried;
(b) the quantity of fish, or of fish included in a specified class of fish, that may be taken;
(c) the rate at which fish, or fish included in a specified class of fish, may be taken;
(d) the methods or equipment that may be used to take fish, or fish included in a specified class of fish; or
(e) the methods or equipment that may be used to process or carry fish, or fish included in a specified class of fish.
(5B) The Minister or the Secretary may, by notice in writing given to the holder of a licence, vary or revoke a condition of the licence or specify further conditions to which the licence is to be subject.
(6) Where a licence granted under this section is renewed under sub-section (6B) (whether or not the licence has previously been renewed), the licence remains in force, subject to sub-section (6A) and section 9A, until the day specified for the purpose in the renewal, being -
(a) in the case of a licence granted under sub-section (1) or by virtue of paragraph (2) (a) or (3) (a) - a day in the period of 12 months commencing on the day on which the licence, the renewal of the licence or the last renewal of the licence, as the case requires, ceased to be in force or, if regulations for the purposes of this paragraph specify a different period in relation to all licences to which this paragraph applies, or in relation to a class of those licences that includes the licence, a day in the period so specified; or
(b) in the case of a licence granted by virtue of paragraph (2) (b) or (3) (b) - a day in the period of 12 months commencing on the day on which the licence, the renewal of the licence or the last renewal of the licence, as the case requires, ceased to be in force or, if a different period is specified for the purpose in the plan of management for the managed fishery in relation to which the licence has been granted, a day in the period so specified.
(6A) A licence granted under this section ceases to be in force if the holder of the licence, by notice in writing given to the Minister, surrenders the licence.
(6B) Subject to sub-section (8ABA), the Minister may, upon application being made by the holder of a licence granted under this section not earlier than 2 months, or later than one month, before the expiration of the period for which the licence was granted, renewed or last renewed, as the case requires, renew the licence with effect from the expiration of the last-mentioned period.
(7) Subject to sub-section (8AC), the Minister or the Secretary may, on the application of the holder of a licence in respect of a boat and of another person as proposed transferee, transfer the licence to that other person.
(7A) Subject to sub-section (8AD), the Minister or the Secretary may, on the application of the holder of a licence granted under this section in respect of a boat, vary the licence by omitting the name of the boat and substituting the name of another boat.
(8) Such fees (if any) as are prescribed are payable in respect of the grant of a licence, the endorsement of a licence, the transfer of a licence, or the variation of a licence, under this section.
(8A) Regulations made for the purposes of sub-section (8) may prescribe different fees, or prescribe different methods of calculating fees, in respect of -
(a) licences included in different classes of licences; or
(b) endorsements of licences included in different classes of endorsements of licences.
(8AA) Where levy is payable under the Fisheries Levy Act 1984, or a fee is payable under this Act, on or in respect of the grant to a person of a licence under this section, the Minister or the Secretary, as the case requires, shall not grant the licence unless the person tenders the amount of the levy or fee, as the case may be.
(8AB) Where levy is payable under the Fisheries Levy Act 1984, or a fee is payable under this Act, on or in respect of the endorsement under this section of a licence granted under this section, the Minister or the Secretary, as the case requires, shall not endorse the licence unless the holder of the licence tenders the amount of the levy or fee, as the case may be.
(8ABA) Where levy is payable under the Fisheries Levy Act 1984, or a fee is payable under this Act, on or in respect of the renewal under this section of a licence granted under this section, the Minister or the Secretary, as the case requires, shall not renew the licence unless the holder of the licence tenders the amount of the levy or fee, as the case may be.
(8AC) Where a fee is payable under this Act in respect of the transfer under this section of a licence granted under this section, the Minister or the Secretary, as the case requires, shall not transfer the licence unless the holder of the licence, or the proposed transferee, tenders the amount of the fee.
(8AD) Where levy is payable under the Fisheries Levy Act 1984, or a fee is payable under this Act, on or in respect of the variation under this section of a licence granted under this section, the Minister or the Secretary, as the case requires, shall not vary the licence unless the holder of the licence tenders the amount of the levy or fee, as the case may be.
(8AE) Where -
(a) a person has, under sub-section (6A), surrendered a licence granted under this section in respect of a boat; and
(b) the person had, at the time when the person surrendered the licence, notified the Minister that the person intended to apply for another licence under this section in respect of another boat,
the Minister may direct, in writing, that the fee that would be payable in respect of the grant of the other licence is to be reduced by an amount that, in the opinion of the Minister, is appropriate, and, where the Minister gives such a direction, the fee shall be reduced by that amount.
(8B) The Minister or the Secretary may, having regard to the terms of any relevant agreement relating to the taking of fish in the Australian fishing zone, being an agreement to which Australia and another country or other countries are parties, remit, in whole or in part, any fee that would, but for this sub-section, be payable under sub-section (8) in respect of the granting of a licence to a foreign boat or in respect of the endorsement or transfer of a licence granted in respect of a foreign boat.
(9) A licence under this section shall be in accordance with a form approved by the Minister.
(10) Registers showing particulars of the licences granted under this section and in force from time to time shall be kept at such places as the Minister directs.
(11) Nothing in this Act prevents a licence under this section and a licence of the same kind under a law of a State or Territory, or a licence under this section and another licence under this section, being combined and issued as one instrument.
(12) Nothing in this Act prevents the exercise of any of the powers, whether express or implied, of a person under this section (other than powers of the Minister or the Secretary) by another person having authority as agent, trustee or otherwise to exercise that power or powers that include that power.
FISHERIES ACT 1952 - SECT 9A
Suspension and cancellation of licencesSECT
9A. (1) The Minister or the Secretary may, by notice in writing given to the holder of a licence granted under section 9, suspend the licence if the Minister or the Secretary, as the case may be, has reasonable grounds to believe that -
(a) there has been a contravention of, or a failure to comply with, a condition to which the licence is subject;
(b) a person, being the holder of the licence or a person acting on behalf of the holder of the licence, has done an act that the person was prohibited from doing by a notice in force under sub-section 8 (1); or
(c) in an application under this Act, the regulations or a plan of management relating to the licence, the holder of the licence made a statement or furnished information that was, to the holder's knowledge, false or misleading in a material particular,
not being an act or omission in relation to which the Minister or the Secretary, as the case may be, has previously exercised powers under this sub-section.
(2) Where a licence is suspended under sub-section (1), the suspension, unless it is sooner revoked, ceases -
(a) if proceedings for an offence against this Act in relation to the alleged act or omission by reason of which the licence was suspended are instituted against the holder of the licence, or a person who acted on behalf of the holder of the licence, within one month after suspension - on completion of the proceedings; or
(b) in any other case - on the expiration of one month after the suspension.
(3) The Minister may, at any time, by notice in writing given to the holder of a licence suspended under sub-section (1), revoke the suspension.
(3A) The Minister may, by notice in writing given to the holder of a licence granted under section 9, cancel the licence if -
(a) in the case of a master fisherman's licence - the holder of the licence is convicted of an offence against this Act, the regulations or any other law of the Commonwealth relating to fishing or against a law of Papua New Guinea or a State or Territory relating to fishing; and
(b) in the case of a licence granted under sub-section 9 (2) or (3) in respect of a boat -
(i) the holder of the licence is convicted of an offence
of a kind referred to in paragraph (a); or
(ii) during any period during which the holder of the
licence held a licence in respect of the boat - another person is convicted of an offence of a kind referred to in paragraph (a) in relation to the use of the boat.
(4) The Minister or the Secretary may, by notice in writing expressed to be given under this sub-section given to the holder of a licence under section 9, suspend that licence for a specified period if -
(a) the holder has had a licence relating to a boat or to fishing held by him under the law of a State or Territory suspended or cancelled; and
(b) the Minister or the Secretary, as the case may be, is satisfied, after consulting the relevant authority of the State or Territory, that suspension for that period under this sub-section is necessary for the proper management of fisheries in an area.
(5) A suspension of a licence under sub-section (1) or (4) may be expressed to operate either generally or in so far as the licence applies in relation to a specified area of proclaimed waters.
FISHERIES ACT 1952 - SECT 9B
Agreements to grant licencesSECT
9B. (1) In this section and in sections 9C and 9D, "foreign fishing boat" means -
(a) a foreign boat; or
(b) a boat in respect of which an instrument is in force under sub-section 4 (2).
(2) The Minister may, on behalf of the Commonwealth, enter into an agreement with a person that contains a provision under which the Minister agrees to grant a licence or 2 or more licences under sub-section 9 (2) or (3) (whether to that person or to any other person or persons) in respect of a foreign fishing boat or 2 or more foreign fishing boats.
(3) Where the Minister has entered into an agreement that contains a provision of a kind referred to in sub-section (2) with a person, the Minister may enter into a further agreement with the person varying the terms of the provision or varying the terms of the provision as varied pursuant to this sub-section.
(4) Where the Minister enters into an agreement that contains a provision of a kind referred to in sub-section (2) or, pursuant to sub-section (3), enters into a further agreement, the Minister shall cause a copy of the agreement or of the further agreement, as the case may be, to be laid before each House of the Parliament within 15 sitting days of that House after the agreement or the further agreement, as the case may be, is entered into.
(5) Where -
(a) the Minister has entered into an agreement that contains a provision of a kind referred to in sub-section (2) of this section; or
(b) there is in force an agreement between Australia and the government of another country that contains a provision under which licences under sub-section 9 (2) or (3) are agreed to be granted in respect of foreign fishing boats (whether or not the provision also provides for the payment of an amount or amounts to Australia),
the Minister or the Secretary shall, in determining whether or not to grant the licence or any of the licences to which the agreement relates, have regard only to the terms of the agreement.
(6) Sub-section (5) has effect only so far as that sub-section is not a law imposing taxation within the meaning of section 55 of the Constitution.
FISHERIES ACT 1952 - SECT 9C
Payment of levySECT
9C. (1) In this section, "levy" means the levy imposed by the Foreign Fishing Boats Levy Act 1981 on the grant of a licence in respect of a foreign fishing boat.
(2) The Minister or the Secretary may make arrangements with a person by whom an amount of levy is or will become payable in relation to the time for payment of, or the manner of payment of, the amount of levy or any part of that amount.
(3) The Minister may, on behalf of the Commonwealth, enter into an agreement with a body corporate that is incorporated under a law in force in a State or Territory and has applied, or intends to apply, for the grant of a licence or 2 or more licences under sub-section 9 (2) or (3) in respect of a foreign fishing boat or 2 or more foreign fishing boats, being an agreement that contains a provision under which the Minister agrees, in consideration of the body corporate agreeing to provide a benefit or benefits for Australia within a period or periods specified in the agreement, to exempt the body corporate from the liability to pay the whole or any part of the amount of levy that would, but for this sub-section, be payable in respect of the grant of that licence or those licences and, subject to sub-section (6), where the Minister enters into such an agreement, the body corporate is not liable to pay that amount of levy or that part of that amount, as the case may be.
(4) Where the Minister has entered into an agreement that contains a provision of a kind referred to in sub-section (3) with a body corporate, the Minister may enter into a further agreement with the body corporate varying the terms of the provision or varying the terms of the provision as varied pursuant to this sub-section.
(5) Where the Minister enters into an agreement that contains a provision of a kind referred to in sub-section (3) or, pursuant to sub-section (4), enters into a further agreement, the Minister shall cause a copy of the agreement or a copy of the further agreement, as the case may be, to be laid before each House of the Parliament within 15 sitting days of that House after the agreement or the further agreement, as the case may be, is entered into.
(6) Where the Minister has entered into an agreement that contains a provision of a kind referred to in sub-section (3) with a body corporate and the body corporate fails to provide the benefit or any one or more of the benefits that the body corporate had agreed to provide under the provision or, if the provision has been varied pursuant to sub-section (4), under the provision as so varied, within the period in which the body corporate had agreed to provide that benefit or those benefits -
(a) the amount of levy or the part of the amount of levy from the payment of which the Minister had agreed to exempt the body corporate forthwith becomes due and payable by the body corporate; and
(b) the Minister may, by notice in writing given to the body corporate, suspend the licence or any one or more of the licences granted to the body corporate under sub-section 9 (2) or (3) pursuant to the agreement.
(7) Where the Minister has suspended a licence under sub-section (6), the Minister shall, by notice in writing given to the holder of the licence, revoke the suspension if -
(a) the body corporate pays to the Commonwealth the total amount of levy payable in respect of the grant of the licence and any amount that is payable by way of penalty under sub-section (11) in relation to that amount of levy; or
(b) the Minister is satisfied that the body corporate has provided the benefit or benefits the failure to provide which resulted in the suspension of the licence.
(8) Where a person who is liable to pay an amount of levy on the grant of a licence under sub-section 9 (2) or (3) in respect of a foreign fishing boat (not being a licence granted pursuant to an agreement that contains a provision of a kind referred to in sub-section (3)) fails to pay that amount to the Commonwealth at or before the time when that amount became due and payable, the Secretary may, by notice in writing given to the person, suspend the licence.
(9) Where the Secretary has suspended a licence under sub-section (8), the Secretary shall, by notice in writing given to the holder of the licence, revoke the suspension if the holder of the licence pays to the Commonwealth the unpaid amount of levy on the grant of the licence and any amount that is payable by way of penalty under sub-section (11) in relation to that amount of levy.
(10) An amount of levy on the grant of a licence (not being an amount of levy that becomes due and payable in accordance with sub-section (6)) becomes due and payable -
(a) where the Minister or the Secretary has, pursuant to sub-section (2), made arrangements with a person by whom the amount of levy is or will become payable in relation to the time for payment of, or the manner of payment of, the amount of levy or any part of that amount - in accordance with the arrangements; and
(b) in any other case - upon the expiration of 30 days after the grant of the licence.
(11) Where a person who is liable to pay an amount of levy on the grant of a licence in respect of a foreign fishing boat fails to pay that amount or any part of that amount to the Commonwealth at or before the time when that amount became due and payable, the person is liable to pay to the Commonwealth, by way of penalty, in addition to that amount of levy, an amount calculated at the rate of 10% per month upon the amount of levy from time to time remaining unpaid, computed for the period commencing on the day on which that amount of levy became due and payable and ending on the day specified in the licence as being the day until which the licence is to remain in force.
(12) An amount of levy that is due and payable and any amount that is payable by way of penalty under sub-section (11) may be recovered by the Commonwealth in a court of competent jurisdiction as a debt due to the Commonwealth.
FISHERIES ACT 1952 - SECT 9D
Fisheries agreementsSECT
9D. (1) If Australia enters into an agreement with the government of another country that contains a provision under which licences under sub-section 9 (2) or (3) are agreed to be granted in respect of foreign fishing boats (whether or not the provision also provides for the payment of an amount or amounts to Australia), the Minister shall cause a copy of the agreement to be laid before each House of the Parliament within 15 sitting days of that House after the agreement is entered into.
(2) Where -
(a) an agreement that contains a provision of a kind referred to in sub-section (1) is in force;
(b) the provision provides for the payment of an amount or amounts to Australia;
(c) a licence or licences to which the provision relates has or have been granted under sub-section 9 (2) or (3) in respect of a foreign fishing boat or foreign fishing boats; and
(d) the amount or amounts specified in the provision or any part of that amount or of those amounts is not paid to Australia in accordance with the terms of the provision,
the Minister may, by notice in writing given to the holder of a licence of a kind referred to in paragraph (c), suspend the licence.
(3) Where the Minister has suspended a licence under sub-section (2), the Minister shall, by notice in writing given to the holder of the licence, revoke the suspension if the amount or the amounts the failure to pay which resulted in the suspension of the licence is or are paid to Australia.
(4) Sub-sections (2) and (3) have effect only so far as those sub-sections are not laws imposing taxation within the meaning of section 55 of the Constitution.
FISHERIES ACT 1952 - SECT 9E
Treaty licencesSECT
9E. (1) For the purposes of this Act, a Treaty licence shall be taken to be in force in respect of a boat at all times during the period of validity of the Treaty licence stated in the licence, except when the Treaty licence is suspended within the meaning of this section.
(2) A Treaty licence issued in respect of a Treaty boat is suspended when:
(a) each party to the Treaty has been notified in writing by the Minister that an investigation is being conducted in relation to an alleged contravention specified in the notice by a person of a provision of the Treaty with the use of, or in relation to, the boat; or
(b) the Minister is notified in writing by the Administrator that the Treaty licence has been suspended in accordance with paragraph 8 of Article 5 of the Treaty.
(3) A Treaty licence ceases to be suspended:
(a) where the Treaty licence is suspended at a particular time because paragraph (2) (a) applies to the Treaty licence - the Minister has, by writing, notified the Administrator that the investigation referred to in that paragraph has been completed; or
(b) where the Treaty licence is suspended at a particular time because paragraph (2) (b) applies to the Treaty licence - when the Minister is notified in writing by the Administrator that the Treaty licence is no longer suspended.
FISHERIES ACT 1952 - SECT 10
Powers of officersSECT
10. (1) An officer may -
(a) board or enter upon a boat in proclaimed waters or in Australia or an external Territory or a boat that the officer has reasonable grounds to believe has been used, is being used, or is intended to be used, for fishing in proclaimed waters and may:
(i) search the boat for fish, for equipment that has been
used, is being used, is intended to be used or is capable of being used for fishing or for any document relating to the operations of the boat; and
(ii) break open any hold, compartment, container or other
receptacle on the boat that the officer has reasonable grounds to believe contains any document, equipment or thing that may afford evidence as to the commission of an offence against this Act;
(aa) board or enter upon a boat that the officer has reasonable grounds to believe -
(i) is a foreign boat; and
(ii) has been used, is being used or is intended to be
used for taking, catching or capturing fish for private purposes in the Australian fishing zone or for carrying or processing fish in that zone,
and may:
(iii) search the boat for fish, for equipment that has
been used, is being used, is intended to be used or is capable of being used for the taking, catching, capturing, processing or carrying of fish or for any document relating to the operations of the boat; and
(iv) break open any hold, compartment, container or other
receptacle on the boat that the officer has reasonable grounds to believe contains any document, equipment or thing that may afford evidence as to the commission of an offence against this Act;
(aaa) examine any fish, equipment, document or thing found pursuant to powers exercised under paragraph (a) or (aa);
(ab) where the officer has reasonable grounds to believe that there is on any land or in any premises any document, equipment or thing that may afford evidence as to the commission of an offence against this Act, with the consent of the owner or occupier of the land or premises or pursuant to a warrant issued under sub-section (4A) -
(i) enter the land or premises using such force as is
necessary for the purpose;
(ii) search the land or premises and break open and search
any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, in which the officer has reasonable grounds to believe that there is a document, equipment or thing of that kind; and
(iii) examine and take possession of, or secure against
interference, any document, equipment or thing that the officer has reasonable grounds to believe may afford evidence as to the commission of an offence against this Act;
(ac) where the officer has reasonable grounds to believe that there is in any vehicle any document, equipment or thing that may afford evidence as to the commission of an offence against this Act:
(i) stop and detain the vehicle;
(ii) enter and search the vehicle;
(iii) break open and search any compartment, container or
other receptacle in which the officer has reasonable grounds to believe there is a document, equipment or thing of that kind; and
(iv) examine and take possession of, or secure against
interference, any document, equipment or thing that the officer has reasonable grounds to believe may afford evidence as to the commission of an offence against this Act;
(b) examine any equipment found in any place, being equipment that the officer has reasonable grounds to believe has been used, is being used, or is intended to be used, for fishing in proclaimed waters;
(ba) examine any equipment found in or on a foreign boat, being equipment that the officer has reasonable grounds to believe has been used, is being used or is intended to be used for taking, catching or capturing fish for private purposes in the Australian fishing zone or for processing or carrying fish in that zone;
(c) seize, detain, remove or secure -
(i) any fish that the officer has reasonable grounds to
believe has been taken, caught, captured, processed, carried or landed in contravention of this Act;
(ii) any boat, net, trap or other equipment that the
officer has reasonable grounds to believe has been used, is being used or is intended to be used in contravention of this Act; or
(iii) any document or other thing that the officer has
reasonable grounds to believe may afford evidence as to the commission of an offence against this Act;
(ca) board or enter upon a boat in respect of which the
officer has reasonable grounds to believe levy imposed by the Foreign Fishing Boats Levy Act 1981 may become payable, is payable or has been paid and inspect the boat or any part of the boat;
(cb) board or enter upon a boat that the officer has reasonable grounds to believe is a boat in relation to which levy under the Fisheries Levy Act 1984 may become payable or has been paid and inspect the boat or any part of the boat;
(d) without warrant, arrest a person whom the officer has reasonable grounds to believe has committed an offence against this Act;
(e) require the master of a boat which the officer has reasonable grounds to believe has been used, is being used or is intended to be used in contravention of this Act to bring the boat to a place in Australia or a Territory specified by the officer and to remain in control of the boat at that place until an officer permits him to depart from that place;
(ea) require the master of a boat who, in pursuance of a
requirement under paragraph (e) or in pursuance of a previous requirement under this paragraph, is in control of the boat at a place in Australia or a Territory, to take the boat to another place in Australia or in a Territory specified by the officer and to remain in control of the boat at that place until an officer permits him to depart from that place;
(f) bring a boat which the officer has reasonable grounds to believe has been used, is being used or is intended to be used in contravention of this Act to a place in Australia or a Territory (whether or not the boat has previously been brought to another place or other places in Australia or in a Territory by an officer or officers exercising powers under this section) and may remain in control of that boat pending the taking and determination of proceedings in respect of that contravention;
(g) require the master of a boat to produce any licence or Treaty licence for or in respect of the boat;
(ga) take copies of, or extracts from, a licence or Treaty licence produced in accordance with a requirement under paragraph (g);
(h) require the master of a boat required to be licensed under this Act or a Treaty boat in respect of which a Treaty licence has been issued to give information concerning the boat and her crew and any person on board the boat;
(ha) require the master of a boat to cause to be lifted from the sea any equipment that the officer has reasonable grounds to believe is being, or has been, used by a person on board the boat in contravention of this Act;
(hb) where, for the purpose of ascertaining whether equipment that is on, or that is being used by or from, a boat is equipment of a kind specified in a notice that is in force under subsection 8 (1), it is necessary to ascertain the dimensions of the equipment - require the master of the boat to provide such reasonable assistance as is requested by the officer in order to ascertain the dimensions of the equipment (including, if the officer so requests, causing the equipment to be placed in the sea or on land, or to be removed from the sea and placed on the boat or on land);
(i) require a person who is on board a boat required to be
licensed under this Act, or a Treaty boat in respect of which a Treaty licence has been issued, or who is engaged in fishing in proclaimed waters, or whom he reasonably suspects of having committed an offence against this Act, to state his name and place of abode;
(ia) require a person found on or in any land or premises entered in pursuance of paragraph (ab) or in any vehicle detained or searched under paragraph (ac) -
(i) to state his name and place of abode;
(ii) to produce any documents in his possession or under
his control relating to any fish found on the land or in the premises or vehicle; or
(iii) to give information concerning any such fish;
(j) require the master of a boat that is being used for fishing in proclaimed waters to state whether he is the holder of a master fisherman's licence and, if so, to produce the licence and permit the officer to make copies of, or take extracts from, the licence; and
(k) sell any fish seized by him under this Act.
(1A) Subject to subsection (1B), a Pacific Island party officer may, for a relevant Treaty purpose, exercise any of the powers described in paragraphs (1) (a), (aa), (aaa), (ba), (c), (e), (ea), (g), (ga), (h), (ha) and (i) and, where a Pacific Island party officer exercises such a power, he or she shall, for the purposes of this Act, be taken to have exercised the power as an officer.
(1B) Subsections (2) and (3) apply in relation to the exercise of powers under this section by Pacific Island party officers as if:
(a) references in those subsections to an officer were references to a Pacific Island party officer; and
(b) references in those subsections to an officer's identity card were references to a document, issued to a person, being a Pacific Island party officer, by the Pacific Island party that authorised the person to perform the functions and duties of an observer on a Treaty boat, that identifies that person as a person so authorised.
and other functions at the point and time notified by the
Pacific Island parties to the Government of the United States;
(b) have full access to and the use of facilities and
equipment on board the vessel which the observer may determine
is necessary to carry out his or her duties; have full access to
the bridge, fish on board and areas which may be used to hold,
process, weigh and store fish; remove samples; have full access
to the vessel's records, including its log and documentation for
the purpose of inspection and copying; and gather any other
information relating to fisheries in the Licensing Area; without
interfering unduly with the lawful operation of the vessel;
(c) disembark at the point and time notified by the Pacific
Island parties to the Government of the United States; and
(d) carry out his or her duties safely;
and no operator or crew member of the vessel shall assault,
obstruct, resist, delay, refuse boarding to, intimidate or
interfere with an observer in the performance of his or her
duties.
19. The operator shall provide the observer, while on board the
vessel, at no expense to the Pacific Island parties, with food,
accommodation and medical facilities of such reasonable standard
as may be acceptable to the Pacific Island party whose
representative is serving as the observer.
20. Any operator of the vessel from which any fish taken in the
Licensing Area is unloaded shall allow, or arrange for, and
assist any person authorised for this purpose by the Pacific
Island parties to have full access to any place where such fish
is unloaded, to remove samples and to gather any other
information relating to fisheries in the Licensing Area.
21. An observer programme shall be conducted in accordance with
this Treaty and provisions that may be agreed from time to time.
PART 7
MISCELLANEOUS REQUIREMENTS
22. At all times while the vessel is in a Closed Area, the
fishing gear of the vessel shall be stowed in such a manner as
not to be readily available for fishing. In particular, the boom
shall be lowered as far as possible so that the vessel cannot be
used for fishing but so that the skiff is accessible for use in
emergency situations; the helicopter, if any, shall be tied
down; and launches shall be secured.
23. The vessel shall be operated in such a way that the
activities of traditional and locally based fishermen and fishing
vessels are not disrupted or in any other way adversely affected.
24. Any information required to be recorded, or to be notified,
communicated or reported pursuant to a requirement of this
Treaty shall be true, complete and correct. Any change in
circumstances which has the effect of rendering any such
information false, incomplete or misleading shall be notified to
the Administrator immediately.
SCHEDULE 1
APPLICABLE NATIONAL LAWS
The following laws and any regulations or other instruments
having the force of law which have been implemented pursuant to
those laws, as amended at the time this Treaty enters into
force, shall be considered as applicable national laws for the
purposes of this Treaty.
Australia
Antarctic Marine Living Resources Conservation Act, 1981
Continental Shelf (Living Natural Resources) Act, 1968
Continental Shelf (Living Natural Resources) Regulations
Fisheries Act, 1952
Fisheries Regulations
Torres Strait Fisheries Act, 1984
Whale Protection Act, 1980
Cook Islands
Cook Islands Commercial Fishing Regulations, 1951
Exclusive Economic Zone (Foreign Fishing Craft) Regulations, 1979
Fisheries Protection Act, 1976
Fishing Ordinance, 1950
Territorial Sea and Exclusive Economic Zone Act, 1977
Federated States of Micronesia
Titles 18 and 24 of the Code of the Federated States of
Micronesia, as amended by Public Law Nos. 2-28, 2-31, 3-9, 3-10,
3-34, and 3-80
Fiji
Fisheries Act, 1942
Fisheries Ordinance (Cap 135)
Fisheries Regulations (Cap 135)
Marine Spaces Act, 1978
Marine Spaces (Foreign Fishing Vessels) Regulations, 1979
Kiribati
Fisheries Ordinance, 1979
Fisheries (Amendment) Act, 1984
Marine Zones (Declaration) Act, 1983
Marshall Islands
Marine Resources Jurisdiction Act, 1978
Marine Zones (Declaration) Act, 1984
Nauru
Interpretation Act, 1971
Interpretation Act, 1975
Marine Resources Act, 1978
New Zealand
Antarctic Marine Living Resources Act, 1981
Continental Shelf Act, 1964
Exclusive Economic Zone (Foreign Fishing Craft) Regulations, 1978
Fisheries Act, 1983
Marine Mammals Protection Act, 1978
Territorial Sea and Exclusive Economic Zone Act, 1977
Tokelau (Territorial Sea and Exclusive Economic Zone Act), 1977
Niue
Territorial Sea and Exclusive Economic Zone Act, 1978
Palau
Palua National Code, Title 27
Papua New Guinea
Fisheries Act (Cap 214)
Fisheries Regulations (Cap 214)
Fisheries (Torres Strait Protected Zone) Act, 1984
Tuna Resources Management (National Seas) Act (Cap 224)
Whaling Act (Cap 225)
Solomon Islands
Delimitation of Marine Waters Act, 1978
Fisheries Act, 1972
Fisheries Limits Act, 1977
Fisheries Regulations, 1972
Fisheries (Foreign Fishing Vessels) Regulations, 1981
Tonga
Fisheries Protection Act, 1973
Fisheries Regulation Act, 1923
Whaling Industry (Amendment) Act, 1979
Tuvalu
Fisheries Act (Cap 45)
Foreign Fishing Vessel Regulations, 1982
Fisheries (Foreign Fishing Vessel) (Amendment) Regulations, 1984
Marine Zones (Declaration) Act, 1983
Vanuatu
Fisheries Act, 1982
Fisheries Regulations, 1983
Maritime Zones Act, 1981
Western Samoa
Exclusive Economic Zone Act, 1977
Fisheries Protection Act, 1972
Territorial Sea Act, 1971
SCHEDULE 2
CLOSED AREAS
Australia. All waters within the seaward boundary of the
Australian Fishing Zone (AFZ) west of a line connecting the
point of intersection of the outer limit of the AFZ by the
parallel of latitude 25 degrees 30' South with the point of
intersection of the meridian of longitude 151 degrees East by the outer
limit of the AFZ and all waters south of the parallel of
latitude 25 degrees 30' South.
Cook Islands. Territorial Sea.
Federated States of Micronesia. Three nautical mile territorial
sea and nine nautical mile exclusive fishery zone and on all
named banks and reefs as depicted on the following charts:
DMAHTC NO 81019 (2nd. ed., Mar. 1945; revised 7/17/72.
corrected through NM 3/78 of June 21, 1978).
DMAHTC NO 81023 (3rd. ed., Aug. 7, 1976).
DMAHTC NO 81002 (4th. ed., Jan. 26, 1980; corrected through NM
4/80).
Fiji. Internal waters, archipelagic waters and territorial seas
of Fiji and Rotuma and its Dependencies.
Kiribati. Within archipelagic waters as established in
accordance with Marine Zones Declaration Act 1983; within 12
nautical miles drawn from the baselines from which the
territorial sea is measured; within 2 nautical miles of any
anchored fish aggregating device for which notification of its
location shall be given by geographical coordinates.
Marshall Islands. 12 nautical mile territorial sea and area
within two nautical miles of any anchored fish aggregating
device for which notification of its location shall be given by
geographical coordinates.
Nauru. The territorial waters as defined by Nauru Interpretation
Act, 1971, Section 2.
New Zealand. Territorial waters; waters within 6 nautical miles
of outer boundary of territorial waters; all waters to west of
New Zealand main islands and south of 39 degrees South latitude; all
waters to east of New Zealand main islands south of 40 degrees South
latitude; and in respect of Tokelau: areas within 12 nautical
miles of all island and reef baselines; twelve and one half
nautical miles either side of a line joining Atafu and Nukunonu
and Faka'ofo; and coordinates as follows:
Atafu: 8 degrees 35' 10" S, 172 degrees 29' 30" W
Nukunonu: 9 degrees 06' 25" S, 171 degrees 52' 10" W
9 degrees 11' 30" S, 171 degrees 47' 00" W
Faka'ofo: 9 degrees 22' 30" S, 171 degrees 16' 30" W
Niue. Territorial sea and within 3 nautical miles of Beveridge
Reef, Antiope Reef and Haran Reef as depicted by appropriate
symbols on NZ 225F (chart showing the territorial sea and
exclusive economic zone of Niue pursuant to the Niue Territorial
Sea and Exclusive Economic Zone Act of 1978).
Palau. Within 12 nautical miles of all island baselines in the
Palau Islands; within a 50 nautical mile arc measured from the
entrance to Malakal Harbour (7 degrees 16' 44" N, 134 degrees
28' 8" E) and extending from where the arc intersects the
territorial sea limit to the northeast of Babelthuap Island to
the 134 degrees East meridan of longitude, southwest of Angaur Island
then due north along the 134 degrees East meridian of longitude to the
intersection with the territorial sea limit.
Papua New Guinea. In addition to its territorial sea and
internal waters, within the area bounded by the following
parallels and meridians - from latitude 0 degrees 30' South to
latitude 3 degrees 30' South, and from longitude 149 degrees East to
longitude 153 degrees East.
Solomon Islands. All waters within the fishery limits of the
Solomon Islands (including internal waters, territorial sea and
archipelagic waters) except that part of the fishery limits east
and north of the following lines: commencing at a point 161 degrees
East, 4 20' South, then extending due south along 161 degrees to a
point 6 30' South, then by a line extending due east to a point
165 degrees East, then by a line due south to a point 8 degrees South, then by
a line due east to a point 169 degrees 55' East.
Tonga. All waters with depths of not more than 1,000 metres,
within the area bounded by the fifteenth and twenty third and
one half degrees of south latitudes and the one hundred and
seventy third and the one hundred and seventy seventh degrees of
west longitudes; also within a radius of twelve nautical miles
from the islands of Teleki Tonga and Teleki Tokelau.
Tuvalu. Territorial sea and waters within two nautical miles of
all named banks, i.e. Macaw, Kosciusko, Rose, Bayonnaise and
Hera, in Tuvalu EEZ, as depicted on the chart entitled "Tuvalu
Fishery Limits" prepared by the United Kingdom Hydrographic
Department, Taunton, January 11, 1981.
Vanuatu. Archipelagic waters and the territorial sea, and internal waters.
Western Samoa. Territorial sea; reefs, banks and areas bounded/enclosed by the following parallels and meridians to the extent such areas are within Western Samoa fisheries
jurisdiction:
1. From latitude 12 degrees 58' South to latitude 13 degrees 11.5' South and
Longitude 174 degrees 5.5' West to longitude 174 degrees 26' West.
2. From latitude 12 degrees 12' South to latitude 12 degrees 38.5'
South and longitude 173 degrees 47' West to longitude 174 degrees 25'
West.
3. From latitude 13 degrees 7' South to latitude 13 degrees 19' South
and longitude 172 degrees 59' West to longitude 173 degrees 38.5' West.
4. From latitude 14 degrees 51' South to latitude 15 degrees 3.4' South
and longitude 172 degrees 10.7' West to longitude 172 degrees 19.1' West.
5. From latitude 14 degrees 20.5' South to latitude 14 degrees 28'
South and longitude 171 degrees 8' West to longitude 171 degrees 17' West.
and within 2 nautical miles of any anchored fish aggregating device within the EEZ for which notification of its location shall be given by geographical coordinates.Only the Closed Areas, as described above, of Pacific Island States which are parties to this Treaty shall be applicable under the terms of this Treaty.
SCHEDULE 3
LIMITED AREAS
Solomon Islands
1. The Solomon Islands Limited Area is all of the Licensing Area within the fishery limits of Solomon Islands as described in the Fishery Limits Act 1977 of Solomon Islands.
2. "Fishing day" means any day or part of a day of the week in which a vessel is used for fishing in the Solomon Islands Limited Area.
3. There shall be no fishing in the Solomon Islands Limited Area after the expiry of the five hundredth fishing day from the earliest date on which any Licensing Period takes effect in any given year.SCHEDULE 4
REPORTING DETAILS
PART 1
LICENSING AREA REPORTS TO THE ADMINISTRATOR
(a) Port departure and entry into port for unloading
(1) report type (LBEG for port departure to begin fishing and
LFIN for port entry for unloading)
(2) date
(3) call sign
(4) port name
(5) catch on board by species (in short tons)
as: LBEG (or LFIN)/ddmmyy/CALL SIGN/PORT/SJ xxx YF yyy OTH zzz
(b) Weekly reports
(1) report type (WEEK)
(2) date
(3) call sign
(4) position (to one minute of arc)
(5) catch on board by species
as: WEEK/ddmmyy/CALL SIGN/LA 1111/LO 11111/SJ xxx YF yyy OTH zzz
PART 2
REPORTS TO NATIONAL AUTHORITIES
(a) Zone entry and exit
(1) report type (ZENT for entry and ZEXT for exit)
(2) date
(3) call sign
(4) position (to one minute of arc)
(5) catch on board by species
as: ZENT (or ZEXT)/ddmmyy/CALL SIGN/TIME/LA 1111/LO 11111/SJ
xxx YF yyy OTH zzz
(b) Port entry reports
(1) report type (PENT)
(2) date
(3) call sign
(4) estimated time of entry into port (GMT)
(5) port name
as: PENT/ddmmyy/CALL SIGN/TIME/PORT NAME
PART 3
OTHER NATIONAL REPORTING REQUIREMENTS
1. Australia
(a) Report of position each two days while within the Australian Fishing Zone;
(b) 24 hours notice of intention to enter the Australian Fishing Zone; and
(c) Report of catch by species every six days while within the Australian Fishing Zone.
2. Fiji
(a) While in Fiji fisheries waters, daily position reporting of the name, call sign, and country of registration of the craft, and its position at that specified time; and
(b) While in Fiji fisheries waters, weekly report of catch by species.
3. Kiribati
While in the Kiribati exclusive economic zone, report on entry into or exit from Closed Areas.
4. New Zealand
(a) While in the New Zealand exclusive economic zone, notification of daily noon positions, to be received no later than noon on the following day;
(b) Notice of catch on board the vessel at the time of entry into the New Zealand exclusive economic zone;
(c) A weekly report of catch taken in the New Zealand exclusive economic zone to cover the period 0001 hours on a Monday to 2400 hours on the following Sunday and to be received by noon on the following Tuesday; and
(d) 24 hours notice of intention to enter the New Zealand exclusive economic zone.
5. Solomon Islands
Report on:
(a) Expected vessel position, date and time of entry at least 24 hours before entry into the Solomon Islands Fishery Limits;
(b) Entry to or exit from Solomon Islands Limited Area together with the catch on board by weight and volume; and
(c) A weekly report of catch taken and fishing days in the Solomon Islands exclusive economic zone to cover the period 0001 hours on a Monday to 2400 hours on the following Sunday and to be received by noon on the following Tuesday.
6. Tonga
While in the Tonga exclusive economic zone, daily position report by radio or telex.
7. Tuvalu
(a) Report not less than 24 hours before entry into the Tuvalu fishery limits on:
(i) the name, call sign and country of registration of
the vessel;
(ii) the licence number;
(iii) position on entry; and
(iv) catch by species.
SCHEDULE 5
PURSE SEINE VESSEL CATCH REPORT FORM
NAME YYMMDD
VESSEL NAME LICENSE/PERMIT NUMBER DEPARTURE FROM PORT DATE
COUNTRY OF REGISTRATION NAME OF CAPTAIN
REGISTRATION NUMBER LICENSE/PERMIT ARRIVAL AT PORT DATE
GROSS REGISTERED TONNAGE HOLDER'S SIGNATURE
NAMES(S) OF FISH CARRIER(S)
FOR GROUP PURSE-SEINER YEAR MONTH
NUMBER OF CREW DAY NOON OR SET
POSITION LAT LONG
DDMM N - S
DDMM E - W
SCHOOL TYPE TIME SET SKIPJACK CATCH
Short Tons AV. SIZE (lb) YELLOWFIN
CATCH Short Tons AV. SIZE (lb)
OTHER SPECIES
SPECIES NAME CATCH Short Tons AV. SIZE (lb)
COMMENTS DISCARDS TUNA Short Tons OTHERS (lb)
REASON FOR DISCARD TOTAL
Numerical expression of school type, comments, and reason for discard
SCHOOL TYPE
1 Log
2 Surface
3 Whale
4 Porpoise
5 Raft
6 Other
COMMENTS
1 A full day in transit between fishing grounds or to or from fishing grounds.
2 A full day not fishing due to breakdown.
3 A full day not fishing due to bad weather.
4 A full day searching for fish but no sets made.
5 Part of day searching for fish but no sets made.
6 Set unsuccessful for any reason, e.g. fish dive, roll up.
REASON FOR DISCARD
1 Undesirable species
2 Fish too small
3 Vessel completely loaded
4 Other reason - please specify
SCHEDULE 6
PURSE SEINE UNLOADING LOGSHEET
Vessel Name Radio Call Sign or
Regional Register No.
(1) Port or, If at sea, position: Lat Long
(2) Dates
(a) At unloading point
Arrival Departure
(b) At unloading
Commencement Completion
(3) Partial or complete unloading
(4) Unloading to
(5) (a) Carrier Vessel Name
and Radio call sign or regional Register No.
or
(b) Name and address of company accepting fish
(6) Destination of fish
(7) Quantity unloaded
Yellowfin Skipjack Bigeye Marlin Other Unit of Measurement
Accepted
Rejected
Signatures
Vessel Master
Receiving Agent
ANNEX II
1. For the purposes of this Annex:
(a) "Licensing Period" means the period of validity of
licences issued in accordance with this Treaty.
2. The Government of the United States shall make application
for a licence in respect of any fishing vessel of the United
States intended by the operator to be used for purse seine
fishing in the Licensing Area at any time in the Licensing
Period by providing to the Administrator a complete application
form as set out in Schedule 1.
3. Licences issued pursuant to this Treaty shall not take
effect until the Administrator has received payment, free of any
charges whatsoever, of the amounts set out in Part 1 of Schedule
2 for that Licensing Period in the manner described in that
Schedule. Other financial commitments shall be provided during
the Licensing Period pursuant to Part 2 of Schedule 2.
4. Subject to paragraph 5, a licence may be denied:
(a) where the application is not in accordance with the
requirements of paragraph 2;
(b) where the owner or charterer is the subject of
proceedings under the bankruptcy laws of the United States,
unless reasonable financial assurances have been provided to the
Administrator;
(c) where the vessel in respect of which application for a
licence has been made does not have good standing on the
Regional Register of Foreign Fishing Vessels, maintained by the
South Pacific Forum Fisheries Agency, provided that:
(i) good standing is withdrawn only as a result of:
(A) the commission of a serious offence against
fisheries laws or regulations of a Pacific Island State and the
operator has not fully complied with any civil or criminal
judgment rendered with respect to such an offence;
(B) evidence existing that gives reasonable cause to
believe that the operator has committed a serious offence
against the fisheries laws or regulations of any Pacific Island
State and that it has not been possible to bring the vessel
operator to trial; or
(C) the vessel operator has failed to comply with
information requirements for registration as notified by the
Administrator to the Government of the United States;
(ii) the Pacific Island party requesting withdrawal of
good standing has first consulted the Government of the United
States and has made all reasonable efforts to resolve the
dispute in question before utilizing the procedures for
withdrawal of good standing;
(iii) in the event of a request for withdrawal of good
standing from the Regional Register of Foreign Fishing Vessels
of a vessel licensed pursuant to this Treaty, the Pacific Island
parties agree to take into consideration that vessel's
compliance with the terms of this Treaty in determining whether
to approve such a request; and
(iv) following a withdrawal of good standing the Pacific
Island party involved promptly advises the Government of the
United States in writing of the reason for the withdrawal and
the requirements which must be fulfilled to reinstate good standing;
(d) where there has been a failure to satisfy a final
judgment or other final determination for a breach of this
Treaty by the owner, charterer or master of the vessel in
respect of which application for a licence has been made, until
such time as the final judgment or other final determination is
satisfied, and subsequent change in ownership of a vessel shall
not affect the application of this provision; or
(e) where an operator has committed, or the vessel has been
used for:
(i) a violation of this Treaty, providing that the
Pacific Island parties, following consultation with the
Government of the United States, determine that the violation is
of a serious nature; or
(ii) any violation of this Treaty on more than one
occasion, providing that the Pacific Island parties, following
consultation with the Government of the United States, determine
that such multiple violations constitute a serious disregard of
this Treaty.
5. A maximum number of licences may be issued for any Licensing
Period as set out in Schedule 2, and, upon request by the
Government of the United States, the Pacific Island parties may
agree to vary such number.
6. On receipt of an application for a licence in accordance
with this Annex, the Administrator shall take the necessary
steps to ensure that:
(a) a licence in the form set out in Schedule 3 in respect of
the vessel identified in the application; or
(b) a statement setting out the reasons that a licence in
respect of the vessel identified in the application is denied
together with a refund of the amount or amounts provided with
the application;
is promptly provided to the Government of the United States.
SCHEDULE 1
TREATY ON FISHERIES BETWEEN THE GOVERNMENTS OF CERTAIN
PACIFIC ISLAND STATES AND THE GOVERNMENT OF THE
UNITED STATES OF AMERICA
APPLICATION FORM
Application is hereby made for a licence authorising the use of
the vessel named in this application for fishing in the
Licensing Area.
1. FULL NAME OF VESSEL:
2. RADIO CALL SIGN OF VESSEL:
3. REGIONAL REGISTER NUMBER OF VESSEL:
4. FULL NAME AND ADDRESS OF EACH PERSON WHO IS AN OPERATOR OF
THE VESSEL, AND STATE WHETHER OWNER, CHARTERER, MASTER OR OTHER.
IF OTHER, SPECIFY DETAILS:
5. FULL NAME AND ADDRESS OF INSURER FOR PURPOSES OF ARTICLE 4.3
(a) OF THE TREATY:
6. REGISTRATION NUMBER AND MAKE OF HELICOPTER, IF ANY, TO BE
CARRIED ON VESSEL:
7. REGISTRATION NUMBER AND MAKE OF ANY AIRCRAFT TO BE USED
IN ASSOCIATION WITH FISHING ACTIVITIES AND NAME AND ADDRESS
OF OPERATOR:
8. STATE WHETHER OWNER OR CHARTERER IS THE SUBJECT OF
PROCEEDINGS UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES:
9. STATE WHETHER OPERATOR OR VESSEL HAS BEEN INVOLVED IN A
VIOLATION OF THIS TREATY. IF YES, SPECIFY DETAILS:
Date of application
Director of the Southwest Region
National Marine Fisheries Service
National Oceanic and Atmospheric
Administration
SCHEDULE 2
PAYMENTS
The following amounts are payable annually for a period of five
(5) years pursuant to paragraph 3 of Annex II.
PART 1
1. The amounts payable as set forth in this paragraph.
(a) Annual industry payments shall be made as follows:
(i) for the first annual Licensing Period, a lump sum of
US$1.75 million for 35 vessels, with the next five licences to
be made available for the same pro-rata payment as the first 35
licences, and an additional 10 licences to be made available at
US$60,000 per vessel;
(ii) for subsequent annual Licensing Periods, 40 vessel
licences calculated on the same basis as the first 40 vessel
licences in sub-paragraph (i) and indexed to the price of fish
as set forth below, with 10 additional licences to be made
available at US$60,000 per vessel and indexed to the price of
fish as set forth below.
(b) The indexation shall be applied as follows:
(i) DEFINITIONS
A. Base Vessel Payment: The Base Vessel Payment is
US$50,000 for the first 40 vessels to be licensed and US$60,000
for vessels to be licensed in excess of 40 vessels.
B. Adjusted Individual Vessel Payment: The Adjusted
Individual Vessel Payment is the individual vessel payment of
each annual Licensing Period after the first annual Licensing
Period. The Adjusted Individual Vessel Payment will always apply
to the Licensing Period immediately following its calculation.
C. Landed Price: The Landed Price is the published
standard price per ton (American Tuna Sales Association) for
fish delivered to American Samoa prevailing at the time a United
States purse seine vessel arrives in port for the purpose of
offloading its catch.
D. Average Landed Price: The Average Landed Price is
calculated by averaging the established landed price categories
for yellowfin and skipjack tuna in American Samoa. The landed
price categories to be used are: over 7.5 pounds, 4 to 7.5
pounds and 3 to 4 pounds for skipjack; over 20 pounds, 7.5 to 20
pounds and 4 to 7.5 pounds for yellowfin.
E. Base Price: The Base Price is the Average Landed
Price for the three months prior to the Treaty entering into force.
F. Estimated Landed Value: The Estimated Landed Value
is the Average Landed Price in effect at the time of a vessel's
landing weighted by the yellowfin/skipjack mix ratio to be
calculated from information on Schedule 6 for that vessel.
G. Average Estimated Landed Value: The Average
Estimated Landed Value is the Estimated Landed Value for all
landings by United States purse seine vessels in American Samoa
in the four quarters preceding the final quarter of the
applicable Licensing Period divided by the total number of those
landings for the same period.
(ii) CALCULATION AND APPLICATION OF INDEXING FACTOR
A. To obtain the indexing factor by which the Adjusted
Individual Vessel Payment shall be calculated, divide the
Average Estimated Landed Value for the preceding four quarters
by the Base Price.
B. To obtain the Adjusted Individual Vessel Payment,
multiply the Base Vessel Payment by the indexing factory
obtained in Paragraph (ii) A.
C. In no case shall the Adjusted Individual Vessel
Payment be less than the Base Vessel Payment.
(iii) NOTIFICATIONS
The established prices and any changes shall be supplied to the
Administrator by the Government of the United States within ten
(10) day of their publication. The Administrator shall notify
the Government of the United States sixty (60) days before the
start of each Licensing Period of the Adjusted Individual Vessel
Payment along with the computation used to arrive at the
Adjusted Individual Vessel Payment. The Adjusted Individual
Vessel Payment shall become final thirty (30) days after receipt
by the Government of the United States, unless the Government of
the United States advises the Administrator otherwise, in which
case consultations shall be held.
(iv) CONSULTATIONS
If the established price categories are revised, or if there is
a change in the tuna industry structure which makes the price
calculations as set forth above inappropriate, the Administrator
may consult with representatives of the Government of the United
States as necessary to revise the formula.
(c) There shall be no pro-ration of the Base Vessel Payment
or the Adjusted Individual Vessel Payment. There shall be no
refunds of the Base Vessel Payment or the Adjusted Individual
Vessel Payment following licence issuance pursuant to Annex II.
2. Sums payable pursuant to the related Agreement between the
South Pacific Forum Fisheries Agency and the Government of the
United States.
PART 2
3. Technical assistance, including provision of assistance by
technicians, by the United States tuna industry valued at
US$250,000 annually in response to requests co-ordinated through
the Administrator.
SCHEDULE 3
TREATY ON FISHERIES BETWEEN THE GOVERNMENTS OF CERTAIN
PACIFIC ISLAND STATES
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA
LICENCE FORM
The vessel described in this licence is hereby authorised to
engage in fishing in the Licensing Area for the period described
in this licence, in accordance with the terms and conditions
referred to in Annex I.
Full name of vessel:
Radio call sign of vessel:
Regional register number of vessel:
Helicopter or other aircraft which may be used in association with the fishing activities of the vessel:
Period of validity:
The period of validity of this licence shall be no longer than one year:
From , 19 ........
To , 19 ........
For and on behalf of the Pacific Island parties
Date of issue:
Licence number:
Warning: It is an offence against the laws of many nations, including the United States of America, to violate the requirements of Annex I. Penalties may include substantial fines and vessel forfeiture.
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