Fisheries Act (Cap. 315).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Act provides for the management and conservation of fisheries in any waters over which Vanuatu claims jurisdiction under international law, regulates fishing by local and foreign fishing vessels in those waters, provides for a ban on driftnet fishing, for the establishment of Vanuatu Whale Sanctuary, for the declaration of marine reserves and for related matters. The Act consists of 82 sections divided into 15 Parts.
The principal authority for purposes of management and conservation of fisheries within the jurisdiction of Vanuatu shall be the Minister responsible for fisheries. The Minister may, by Notice published in the Gazette, determine that a fishery is a designated fishery and the Director of Fisheries shall prepare a fisheries management plan for such designated fishery. Local fishing vessels shall fish under the authority of a licence granted under this Act by the Director of Fisheries. Fishing by foreign vessels requires a foreign fishing licence issued by the Director unless a multilateral access agreement provides otherwise. The Act provides rules for the negotiation of access agreements by the Minister. All vessels registered under the Shipping Act or the Maritime Act shall observe obligations and requirements relating to the activities and practices of fishing vessels provided for by Scheduled treaties, multilateral agreements that are listed in the Schedule to this Act. The Act formulates rules for international fishing by registered vessels and establishes a Fisheries Data and Compliance Unit that shall be responsible for compliance by any registered fishing vessel. The Act prohibits driftnet fishing in Vanuatu waters and use of a registered fishing vessel for driftnet fishing and other activities covered by the Wellington Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific. Driftnet vessels shall not to enter Vanuatu ports. The Act establishes the Vanuatu Whale Sanctuary, which comprises all Vanuatu waters. A person must not kill, harm, harass, take or move any marine mammal in the Vanuatu Whale Sanctuary. The Minister may declare any area of Vanuatu waters and the seabed underlying those waters to be a marine reserve. The Act further places restrictions on fishing in general and the use of fishing gear and fishing in marine reserves in particular, provides for the licensing of fish processing establishments, provides for the appointment and powers of authorized officers and observers, defines procedures of enforcement and judicial proceedings and prescribes offences.
The principal authority for purposes of management and conservation of fisheries within the jurisdiction of Vanuatu shall be the Minister responsible for fisheries. The Minister may, by Notice published in the Gazette, determine that a fishery is a designated fishery and the Director of Fisheries shall prepare a fisheries management plan for such designated fishery. Local fishing vessels shall fish under the authority of a licence granted under this Act by the Director of Fisheries. Fishing by foreign vessels requires a foreign fishing licence issued by the Director unless a multilateral access agreement provides otherwise. The Act provides rules for the negotiation of access agreements by the Minister. All vessels registered under the Shipping Act or the Maritime Act shall observe obligations and requirements relating to the activities and practices of fishing vessels provided for by Scheduled treaties, multilateral agreements that are listed in the Schedule to this Act. The Act formulates rules for international fishing by registered vessels and establishes a Fisheries Data and Compliance Unit that shall be responsible for compliance by any registered fishing vessel. The Act prohibits driftnet fishing in Vanuatu waters and use of a registered fishing vessel for driftnet fishing and other activities covered by the Wellington Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific. Driftnet vessels shall not to enter Vanuatu ports. The Act establishes the Vanuatu Whale Sanctuary, which comprises all Vanuatu waters. A person must not kill, harm, harass, take or move any marine mammal in the Vanuatu Whale Sanctuary. The Minister may declare any area of Vanuatu waters and the seabed underlying those waters to be a marine reserve. The Act further places restrictions on fishing in general and the use of fishing gear and fishing in marine reserves in particular, provides for the licensing of fish processing establishments, provides for the appointment and powers of authorized officers and observers, defines procedures of enforcement and judicial proceedings and prescribes offences.
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Long title of text
An Act to repeal the Fisheries Act [Cap. 158] and to make provision for the management, development and regulation of fisheries within Vanuatu waters, and for the regulation of Vanuatu fishing vessels outside of Vanuatu waters in a manner consistent with Vanuatu’s international obligations, and for related matters.
Entry into force notes
This Act commences on the day on which it is published in the Gazette (27 March 2006).
Notes
Reprinted version of 2006 of Act No. 55 of 2005.
Repealed
Yes
Serial Imprint
Laws of the Republic of Vanuatu, Consolidated Edition of 2006.
Source language
English
Legislation Amendment
No
Implemented by
Repeals
Repealed by