Offshore Fisheries Management Decree 2012 (No. 78 of 2012).

This Decree aims at conservation, management and development Fiji fisheries to ensure long term sustainable use for the benefit of the people of Fiji. It concerns all fishing and related activities and applies to citizens of Fiji and foreigners, including foreign vessels in and in relation to Fiji fisheries waters and in any other waters for purposes of hot pursuit or as required by this Decree for conservation and management measures, or permitted by international agreement.
The Decree is divided into 12 Parts: Preliminary (1); Objectives and Principles (2); Administration (3); Fisheries Conservation, Management and Development (4); Licenses and Authorisations (5); Monitoring, Control, Surveillance and Enforcement (6); Port Measures, Transhipment and other Services (7); Jurisdiction and Evidence (8); Offshore Fisheries Fixed Penalty Notice;(9); Sale, Release and Forfeiture of Retained Property (10); Regulations (11); Miscellaneous (12).
The Ministry responsible for Fisheries shall have the principal function of and authority for the conservation, management and development of the fisheries resources in fisheries waters. The Minister shall: (a) taking into account the advice of the Offshore Fisheries Advisory Council, give general policy guidance on fisheries matters; and (b) delegate responsibilities and give general or special directions to the Permanent Secretary. The Permanent Secretary shall, among other things, advise the Minister and designate marine protected areas. The Decree also defines function of the Director of Fisheries.
The Minister shall declare a fishery as a designated fishery where such fishery: (a) is important to the national interest; and (b) requires management measures for ensuring sustainable use of the fishery resource. The Director shall be responsible for the preparation and review of a Fisheries Management Plan for the management of each designated fishery in Fiji fisheries waters. The Permanent Secretary may make allocations for any fishing activity within the scope of this Decree, or in accordance with any applicable Fisheries Management Plan, access agreement or fishery management agreement. Specific provision is made with respect to exploration fishing and driftnet fishing. Authorization requirements are set out for Fiji vessels fishing in Fiji waters and international waters and for foreign fishing vessels, including use of foreign fishing vessels by Fiji nationals on the high seas. Licences shall be issued by the Permanent Secretary.
The Decree provides with respect to enforcement measures. The Permanent Secretary may, in his or her discretion, deny entry into a port where s(he) has reasonable grounds to suspect that a vessel seeking entry into port has engaged in illegal, unreported and unregulated fishing or fishing related activities in support of illegal, unreported and unregulated fishing. The Minister shall, on the recommendation of the Permanent Secretary, appoint nationals of other States to be authorised officers for purposes of this Decree.