Fisheries Management Act 2002 (No. 26 of 2002).

This Act makes provision with respect to the management of conservation of fisheries resources of Tonga and provides rules relative to fishing in Tongan waters by domestic and foreign fishing vessels, fishing by Tongan vessels on the high seas and the processing and exportation of fish. The Act further defines offences, defines jurisdiction and provides for various matters of miscellaneous character.
The Act designates the Minister as the principal authority for purposes of this Act. The Minister shall determine the total allowable catch, determine and allocate participatory rights in a fishery and designate a fishery or fisheries which shall be subject to determinations and allocations of participatory rights. The Minister shall establish a Fisheries Management Advisory Committee and may declare Special Management Areas for purposes of coastal community management, application of certain conservation and management measures, subsistence fishing operations or other specified purpose. The Minister may also declare fish to be a fish protected species. The Act requires domestic and foreign vessels to be registered in the Fishing Vessels Register. Any fishing by local vessels and fishing by foreign vessels in Tongan waters requires a licence, permit or other authorization to be granted by the Secretary for Fisheries. Exportation of fish or the operation of fish processing plants requires a licence and fish processing plants shall register with the Secretary. The Act provides rules relative to foreign fishing and defines the conditions at which Tonga may enter into international fisheries management or access agreements or arrangements. The Act defines the conditions at which a Tongan Ship may participate in fishing at the high seas and requires Tongan vessels to comply with the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks and the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas. The Act prohibits driftnet fishing in the fisheries waters of Tonga, landing of fish by vessels engaging in driftnet fishing and possession of driftnets. The Act further concerns, among other things, enforcement, observers, offences and legal proceedings.