Marine Resources Act (48.20).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Act makes provision for the management, conservation and sustainable use of fisheries resources of and regulates fishing in fishery waters of Tuvalu, i.e. the exclusive economic zone, contiguous zone, territorial sea, internal waters as described in the Marine Zones (Declaration) Act 1983, and all other waters over which Tuvalu exercises jurisdiction or sovereign rights, and including lagoons and inland waters, and any such waters proclaimed as “fishery limits". The Act also regulates to a certain extent aquaculture, mariculture and the fishing of Tuvalu fishing vessels outside the Fishery Waters of Tuvalu.
The principal objective of the Act is to ensure the long-term conservation and sustainable use of the living marine resources for the benefit of the people of Tuvalu. In pursuance of this objective, the Minister who has the authority for the conservation, management, development and sustainable use of the living resources in the exclusive economic zone in accordance with this Act shall take into account stated principles and objectives. In addition to duties of the Minister, the Director of Fisheries, acting as the Fisheries Officer for purposes of this Act, shall determine total allowable catch, prepare Fisheries Plans, issue permits and authorizations and carry out other specified duties. The Minister shall make allocations for allowable fishing in accordance with this Act and may declare any stock of fish to be endangered in accordance with stated criteria. All fishing activities, including foreign fishing, require a permit under this Act or a licence under an access agreement. A permit may be required for fishing by local vessels in the Fishery Waters. Fishing by local vessels requires a permit and shall comply with other stated requirements. No driftnet fishing is allowed outside the Fishery Waters. Activity plans may be required for fishery activities but also for fish processing establishments, aquaculture and mariculture. Such plans shall include an environmental impact assessment. The Act further provides, among other things, with respect to access agreements, requirements for Tuvalu vessels operating outside Fishery Waters, use of vessels of other flags by nationals of Tuvalu on the High Seas, establishment of Tuvalu High Seas or Foreign Waters Fishing Vessel Register and other matters regarding fishing on the High Seas, fishing gear, marking of vessels in accordance with FAO standards, monitoring, control and surveillance, enforcement, offences and legal proceedings.
The principal objective of the Act is to ensure the long-term conservation and sustainable use of the living marine resources for the benefit of the people of Tuvalu. In pursuance of this objective, the Minister who has the authority for the conservation, management, development and sustainable use of the living resources in the exclusive economic zone in accordance with this Act shall take into account stated principles and objectives. In addition to duties of the Minister, the Director of Fisheries, acting as the Fisheries Officer for purposes of this Act, shall determine total allowable catch, prepare Fisheries Plans, issue permits and authorizations and carry out other specified duties. The Minister shall make allocations for allowable fishing in accordance with this Act and may declare any stock of fish to be endangered in accordance with stated criteria. All fishing activities, including foreign fishing, require a permit under this Act or a licence under an access agreement. A permit may be required for fishing by local vessels in the Fishery Waters. Fishing by local vessels requires a permit and shall comply with other stated requirements. No driftnet fishing is allowed outside the Fishery Waters. Activity plans may be required for fishery activities but also for fish processing establishments, aquaculture and mariculture. Such plans shall include an environmental impact assessment. The Act further provides, among other things, with respect to access agreements, requirements for Tuvalu vessels operating outside Fishery Waters, use of vessels of other flags by nationals of Tuvalu on the High Seas, establishment of Tuvalu High Seas or Foreign Waters Fishing Vessel Register and other matters regarding fishing on the High Seas, fishing gear, marking of vessels in accordance with FAO standards, monitoring, control and surveillance, enforcement, offences and legal proceedings.
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Long title of text
An Act to make provisions for the promotion and regulation to ensure the long-term conservation and sustainable use of the living marine resources for the benefit of the people of Tuvalu, and connected purposes.
Notes
This Act repeals: (a) the Fisheries Ordinance, 1978, as amended; (b) the Fisheries (Foreign Fishing Vessel) Regulations, 1982; and (c) the Foreign Fishing Vessels Licensing (U.S Treaty) Order 1987.Reprinted edition of Act No. 6 of 2006 as at 31 December 2008.
Repealed
No
Source language
English
Legislation Amendment
No
Amended by
Implemented by