Fisheries Management Act 2016 (No. 8 of 2016).

This Act makes provision with respect to management and conservation of marine and freshwater fisheries and aquaculture in Samoa. It also concerns the processing and marketing of fish and fish products. It in particular provides with respect to measures to combat illegal, unregulated or unreported (IUU) fishing by Samoan and foreign vessels
The 94 sections of this Act are divided into 9 Parts: Preliminary (1); Administration, Treaties and Fisheries Management Plans (2); Licences (3); Fishing Activities (4); Processing, Trading and Marketing of Fish and Fish Products (5); Enforcement (6); Evidence, Liabilities and Offences (7); Village Fisheries Bylaws (8); Miscellaneous (9).
This Act applies to an act committed: (a) by a person within the fishery waters; (b) outside the fishery waters by a Samoan or a person ordinarily resident in Samoa, as if the act were committed in Samoa; or (c) outside the fishery waters by a person on board of a Samoan fishing vessel as if the act were committed in Samoa. It sets out approaches (including the precautionary approach) and principles of conservation and management measures that must be observed by persons involved in conservation and management of fisheries.
The Chief Executive Officer shall be the administrative head of Fisheries Division. The Minister may delegate the Minister’s functions or powers to issue licence under this Act to the Chief Executive Officer. The Minister may, for any treaties, agreements or arrangements Samoa enters into, give effect to the international conservation and management measures required under the agreement. The Chief Executive Officer may, by Order in the Savali, and after local consultation, declare and mark an area as a village fisheries management area. The Chief Executive Officer must prepare, make and review, if necessary, a fishery management plan for the management of an area declared as a designated fishery by the Minister. The Act also provides for participation in management by a “disadvantaged village community”, i.e. a community that must cross the land of a coastal village community to access the coastal waters to fish or carry out aquaculture.
A person must not operate a Samoan fishing vessel in the fishery waters for: (a) fishing; or (b) related activities; or (c) any other activity regulated under this Act, unless the vessel is licensed to do so under this Act. A fishing vessel used solely for sport, pleasure, recreational or subsistence fishing does not require a licence unless any fish to be caught under the sporting activity is intended to be sold. A Samoan must not operate or be employed on foreign fishing vessel for fishing or related activities on the high seas unless the country issues a Flag State authorisation that the country is: (a) a party to the Fish Stocks Agreement; (b) a party to the Compliance Agreement; or (c) a party to, or has accepted the obligations of, a global, regional, or sub-regional fisheries organisation or arrangement to which the Flag State authorisation relates. A person must not, within Samoa or in the fishery waters: (a) cause or permit another person acting on the person’s behalf; or (b)use or permit a vessel, to fish or to import, export, land, transport, sell, receive, acquire or buy any fish or fish product taken, possessed, transported or sold in contravention of any law of another country or of international conservation and management measures. The Act provides for licensing of foreign fishing vessels by the Minister. The Chief Executive Officer shall maintain a register of licensed foreign fishing vessels.
Part 4 provides for the allocation of fishing rights and regulates aquaculture operations inside and outside village fisheries management areas. The Division must manage any aquaculture activity, which is not allocated to a village fisheries management area. The Part also: prohibits a vessel, which has been used to assist driftnet fishing activities, to enter a port in Samoa except in cases of force majeure; places restrictions on transshipment of fish to or from a foreign vessel within Samoa fisheries waters; gives power to the Head of State to make Regulations to give effect to or for the purposes of Part IV and in particular to implement port state control measures.
A person must not process, trade and market any fish and fish products except under the authority of a licence or registration. Further regulation of fish processing and marketing shall be done by the Head of State.
Part 6 concerns vessel monitoring systems and other measures of monitoring and enforcement. The Minister may: (a) by notice in the Savali, authorise an officer of the Ministry to undertake fisheries inspection, compliance and enforcement measures which have been adopted by a regional fisheries management organisation of which Samoa is a member; and (b) issue guidelines to implement the measures notified under paragraph (a).
A village Fono may make village fishery bylaws, consistent with this Act, for the purpose of conserving, protecting, managing, developing and sustaining harvest of fish in the village fisheries management area. The village fisheries management committee must monitor its village fisheries bylaws.