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斐济渔业法
the Fisheries Act
【发布部门】 【发文字号】
【发布日期】1991年01月01日 【实施日期】1942年01月01日
【时效性】现行有效 【效力级别】法律
【法规类别】斐济法规规划 【来源】联合国粮农组织网站

斐济渔业法

【法律沿革】

本法最早制定于1941年,于1942年1月1日实施。之后经1943年、1945年、1949年、1951年、1958年、1959年、1964年、1966年、1976年、1977年、1979年及1991年修改。本版本为1991年修订本,现行有效。

【内容介绍】

本法共20条,涉及概念界定、渔业官员、专属经济区渔业管理、渔船与许可证管理、传统捕鱼权以及处罚等内容。

【内容出处】

http://www.fao.org/faolex/results/details/en/c/LEX-FAOC001155


渔业法(the Fisheries Act)

 

Ordinances No 4of 1941, 14 of 1943. 2 of 1945,

20 of 1949, 8of 1951, 16 of 1958, 34 of 19S9,

26of 1964, 7 of1966, 37 of 1966 Act No 34 of 1976,

22 of 1977, LegalNotice No 87 of 1979

Decree No. 46of 1991.

Short title

1. This Act maybe cited as the Fisheries Act.

Interpretation

2. In this Act,unless the context otherwise requires--

“cast net” means a round net, weighted at theperiphery, which is used by being cast over fish in such a way that it sinks tothe bottom;

“Fiji fisheries waters” means all watersappertaining to Fiji and includes all internal waters, archipelagic waters, territorialseas and all waters within the exclusive economic zone as these terms aredefined in the Marine Spaces Act (Cap l58A);

(Inserted by 22 of 1977 s.2)

“fish” means any aquatic animal whether piscine ornot, and includes shellfish, sponges, holothurians(beche-de-mer), sea-urchins,crustaceans and turtles and their eggs;

“fisheries certification officer” means anyfisheries officer appointed by the Permanent Secretary for Primary Industriesfor the purpose of certifying whether or not any fish has been taken by the useof explosive or chemical substances;

(Inserted by 46 of 1991)

“Fisheries Officer” means an officer appointed bythe Public Service Commission to supervise fishing within Fiji or any partthereof;

“fishing vessel” means any vessel or boat used fortaking fish by way of trade or business;

“hand net” means a net fixed on a frame or on twopoles, which can be moved in all directions by oneperson, the maximum width ofwhich is not greater that 1.5 m [five feet];

“licencing officer” means any person appointed bythe Minister to issue licences under this Act;

“taking fish” includes any method of catching fish;

“wading net” means a net fixed on a frame or on twopoles which can be moved in all directions by two persons, the maximum width ofwhich does not exceed 4.3 m [fourteen feet].

(section amended by 26 of 1964, s.2,

by 34 of 1976, s.3, 22 of 1977 s.2 and 87 of 1979)

Minister mayappoint honorary fish wardens

3. The Ministermay appoint honorary fish wardens whose duties shall be the prevention and detectionof offences under this Act and the enforcement of the provisions thereof.

(Inserted by 34 of 1959, s2

Amended by 112 of 1970)

Application ofAct to exclusive economic zone

4. (l) Nothingin this Act shall be construed--

(a) to require--

(i) the master, owner, charterer, if any, or anycrew member of a foreign fishing vessel to obtain a licence to take fish withinthe exclusive economic zone; or

(ii) the registration of a foreign fishing vessel,for the purpose of fishing within the exclusive economic zone; or

(b) to authorise the making of any regulation inderogation of the provisions of the Marine Spaces Act in relation to fishing; (Cap.158A.)

(c) to authorise the boarding, search, seizure,taking of possession or detention, under the provisions of this Act of any suchforeign fishing vessel or of any equipment, fish, or persons on board thevessel in respect of any offence relating to fishing in the exclusive economiczone.

(2) Any offence against this Act that is committedwithin the exclusive economic zone shall be deemed to have been committed inFiji.

(3) In this section the terms “exclusive economiczone”, “fish”, “fishing” and “foreignfishing vessel” have the meaning assignedto them by subsection (1) of section 2 of the Marine Spaces Act. (Cap.158A.)

(section inserted by 22 of 1977, s2)

Licence to takefish

5.- (l) Alicencing officer may in his discretion grant licences to take fish in Fiji fisherieswaters.

(Amended by 22 of1977, s2)

(2) Every licence granted under this Act shallterminate on the 31st December next after the day of issue. It shall bepersonal to the holder, shall not be transferable and shall be subject to suchconditions as the licencing officer shall think fit to endorse thereon inaccordance with this Act or any regulations made thereunder.

(3) No person shall take fish in Fiji fisherieswaters by way of trade or business or as an employee of a person carrying onthe trade or business of a fisherman unless such person is authorized by alicence to take fish:

Provided that:-

(a) a person who takes fish with a line from theshore or with a spear shall not be required to obtain such a licence;

Delegated to Permanent Secretary for Agricultureand Fisheries by notification 11th November, 1965.

(b) the Minister may by regulation exempt anyperson from the necessity of possessing such a licence;

(Subsection substituted by 26 of 1964, s3 andamended by 22 of 1977, 52)

(4) Subject to the provisions of subsection (2) ofsection 12 of the Marine Spaces Act, no licence to take fish in Fiji fisherieswaters shall be granted to any person owning, operating or manning any fishingvessel registered elsewhere than Fiji without the prior approval of theMinister. (Cap. 158A.)

(Inserted by 22 1977, s2)

Registration offishing vessel

6.- (1) Everylicenced fisherman owning or operating any fishing vessel shall register everysuch vessel with a licencing officer, and shall renew the registration annuallyin the prescribed manner.

(Amended by 26 of1964, s4)

(2) Every vessel registered under the provisions ofthis Act shall bear such letter and number as may be given by a licencingofficer. Such letter and number shall be plainly painted and maintained plainlypainted on each side of the vessel, on the swell of the bow thereof, in white figureson a black ground or in black figures on a white ground. Such figures shall beat least 200 mm [eight inches] in height and 25 mm [one inch] in breadth ofstroke.

(Amended by 26 of 1964, s4 and 87 of 1979)

(3) If any vessel registered under the provisionsof this section is a sailing vessel, the letter and number required to bepainted on the bow shall, in addition, be plainly painted and be kept plainlypainted in black figures on each side of the sail thereof and such figuresshall be at least 300mm [twelve inches] in height, and 50 mm [two inches] inbreadth of stroke.

(Amended by 87 of 1979)

(4) Any person owning or operating a fishing vesselwho fails to comply with any of the provisions of this section shall be guiltyof an offence against this Act.

(Inserted by 14 of 1 W3, s2)

Power ofexamination and detention

7.- (l) Anylicencing officer, police officer, customs officer, honorary fish warden and anyother officer empowered in that behalf by the Minister, may, for the purpose ofenforcing the provisions of this Act:-

(a) require any person engaged in fishing to exhibithis licence, apparatus and catch;

(b) go on board any vessel reasonably believed tobe engaged in fishing and search and examine any fishing apparatus therein;

(c) where there is reasonable suspicion that anyoffence has been committed, take the alleged offender, the vessel, apparatusand catch, without summons, warrant or other process, to the nearest policestation or port. The-vessel and apparatus may be detained pending trial of theoffender and the catch may be sold and the proceeds of the sale detainedpending such trial; and thereafter any vessel, apparatus or money so detainedshall, unless forfeited under the provisions of subsection (7) of section 10,be returned to the person from whom the same was taken.

(Amended by 14 of 1943, s3)

(2) Any person who refuses to permit any officer orperson mentioned in subsection (1) to board a vessel or obstructs or hindershim in the course of boarding a vessel or in the course of otherwise executinghis duties shall be liable to a fine not exceeding one hundred dollars or toimprisonment for a term not exceeding six months.

(Inserted by 34 of 1959, s3)

Cancellation oflicence to take fish

8.- A licence totake fish may be cancelled by the court upon the conviction of the holder forany contravention of the terms of his licence or for any breach of theprovisions of this Act or of the regulations made thereunder.

Regulations

9.- The Ministermay make regulations:-

(a) prohibiting any practices or methods, oremployment of equipment or devices or materials, which are likely to beinjurious to the maintenance and development of a stock of fish;

(b) prescribing areas and seasons within which thetaking of fish is prohibited or restricted, either entirely or with referenceto a named species;

(c) prescribing limits to the size and weight offish of named species which may be taken;

(d) prescribing limits to the size of nets or themesh of nets which may be employed in taking fish either in Fiji fisherieswaters or in any specified part thereof;

(e) regulating the procedure relating to the issueof and cancellation of licences and the registration of fishing boats andprescribing the forms of applications and licencestherefore and the conditionsto be attached thereto;

(f) prescribing the fees to be charged upon theissue of licences and the registration of fishing vessels which fees may differas between British subjects and others;

(g) regulating any other matter relating to theconservation, protection and maintenance of stock of fish which may be deemedrequisite.

(Section amended by 7 of 1966, ~17. and 22 of 1977,s2)

Offences

10. (1)Any person who, being required to be the holder of a licence, takes or attemptsto take fish in Fiji fisheries waters or is in possession of fishing apparatusin such circumstances as to satisfy the court before which he is tried that heintended to use the apparatus for the purpose of taking or destroying fishwithout being licenced under this Act shall be liable to imprisonment for threemonths or to a tine of five hundred dollars or to both such penalties.

(Amended by 2 of IWS, ~133, 22 of1977and 46 of1991, s3)

(2) Any person who:-

(a) being the holder of a licence under this Act,fails to comply with any of theconditions of his licence; or

(b) commits any offence against this Act for whichno special penalty is provided;or

(c) contravenes or fails to comply with theprovisions of any regulation madehereunder,shall be liable to imprisonment forthree months or to a fine of five hundred dollars or to both suchpenalties.

(Substituted by 14 of 1943, 54, amended by 2 of1945, s133 and 46 of 1991, s3)

(3) The master, owner and charterer, if any, of anyfishing vessel registered elsewherethan in Fiji using such vessel for thepurpose of taking fish within Fiji fisheries waters without theprior approvalof the Minister or under the authority of a licence issued under the provisionsof section14 of the Marine Spaces Act shall be liable on conviction to a finenot exceeding one hundredthousand dollars.

(Substituted by 22 of1977, s2)

(4) Any person who takes or destroys or attempts totake or destroy any fish by the use ofdynamite, gelignite or other explosivesubstance, or who, being the holder of a licence under this Act, is foundinpossession of dynamite, gelignite or other explosive in such circumstances asto satisfy the court before which heis being tried that he intended to use thesubstance for the purpose of taking or destroying fish, or anypersonpossessing, transporting or selling or exposing for sale or hawking fish whichhas been taken bythe use of one of the aforesaid explosives, shall be liablefor a first offence to imprisonment for sixmonths and to a fine of one thousanddollars; for a second offence to imprisonment for twelve monthsand. a fine oftwo thousand dollars, and if he is the holder of a licence to take fish itshall be cancelledand may not be renewed for a period of three years from thedate of the second conviction; for a thirdand any subsequent offence toimprisonment for two years and to a fine of five thousand dollars, and ifhe isthe holder of a licence to take fish it shall be cancelled and may not berenewed for a period of sixyears from the date of such conviction.In all caseswhere dynamited fish is seized, it shall be confiscated and destroyed.

(Amended by 2 of 1945, sl33 and 46 of 1991, s3)

(4A) Persons convicted of offences under subsection(4) shall be sentenced to a minimumof:

(a) a fine of $1000 in case of a first offence;

(b) a fine of $2000 in the case of a secondoffence;

(c) a fine of $5000 in the case of a third andsubsequent offences.

(Inserted by 46 of 1991, s3)

(5) Any person, whether he be the salesman or theowner of illegally caught fish, whofails to supply on demand to any officernamed in section 7, information regarding the source of hissupply, shall beguilty of an offence against this Act.

(6) Any person who obscures the registration numberof a vessel with intent to evade anyof the provisions of this Act shall beguilty of an offence against this Act.

(7) The court may order the forfeiture to the Crownof any vessel, apparatus or catch or theproceeds of sale on any catch detainedunder paragraph (c) of section 7, employed in thecommission of, or derivedfrom, any act proved to be an offence under this Act or any regulationthereunder:

Provided that in every case of a conviction undersubsection (3) the fishing apparatusemployed shall be forfeited to the Crown.

(Substituted by 14 ofl943, s.6)

(8) A certificate under the hand of a fisheriescertification officer, Government veterinaryofficer or Government chemiststating that a fish has been killed by dynamite, gelignite or otherexplosivesubstance shall be prima facie evidence of that fact until the contrarybe proved.

(Inserted by 34 oflS59, 5.4)

(Amended by 46 ofl991. ~3)

Power to permituse of explosives

11.- (l)The Minister may in his discretion issue to a Fisheries officer a permitauthorising bya method specified in the permit and in accordance with anyconditions which he may think fit toimpose, the use of explosives for thetaking of fish.

(Amended by 46 of 1991, s4)

(2) Where a permit has been issued under theprovisions of subsection (l), the provisionsof subsection (4) of section 10shall not apply:-

(a) in respect of the taking or attempted taking offish by the holder of the permit or hisservants where such taking or attemptedtaking is in accordance with the terms andconditions of his permit;

(b) in respect of the destruction of fish by theholder of the permit or his servants wheresuch destruction is in the course ofand in consequence of the taking or attemptedtaking of fish in accordance withthe terms and conditions of the permit;

(c) in respect of the possession, transportation,selling, exposing for sale or hawking offish by any person where such fish weretaken by the holder of the permit or hisservants in accordance with the termsand conditions of the permit;

(d) in respect of the possession of explosives bythe holder of the permit or his servantswhere such possession is for thepurpose of taking fish in accordance with the termsand conditions of thepermit.

(3) The Minister may at any time in his discretioncancel or modify a permit issued underthis section.

(Section inserted by 20 of 1949, s.2. Amended by112 of 1970)

Rewards

12.-Thecourt may order to be paid out of any fine inflicted for any contravention ofany of theprovisions of subsection (4) of section 10, such reward as the courtconsiders fit and proper to anyperson giving information which may have led tothe conviction of the offender:

Provided that in no instance shall the rewardexceed one-half of the fine imposed.

Non-liabilityof Fisheries Officers

12A.- NoFisheries Officer shall be personally liable in respect of any act done oromitted to be doneby him in good faith in the execution or purported executionof his powers and duties under this Act.

(Inserted by 46 of 1991, s5)

Protection ofnative customary rights

13.-(l)Notwithstanding anything contained in the Rivers and Streams Act, it shall beanoffence for any person to take fish on any reef or on any kai (cockle) orother shellfish bed in any areain respect of which the rights of any mataqalior other division or subdivision of the Fijian people havebeen registered bythe Native Fisheries Commission in the Register of Native CustomaryFishingRights unless he shall be a member of such mataqali, division orsubdivision of the Fijian people whodoes not require a licence under section 5to take such fish or shall first have obtained a permit to do sofrom theCommissioner of the Division in which such area is situated: (Cap 136)Providedthat--

(a) such permits shall not be necessary in the caseof persons taking fish (other than byway of trade or business or as theemployee of a person carrying on the trade orbusiness of a fisherman) with hookand line or with a spear or portable fish trap whichcan be handled by oneperson; and

(b) any such permit may exclude fishing forparticular species of fish, or may excludefishing in any particular areas, ormay exclude fishing by any particular methods, ormay contain any combination ofsuch exclusions.

(2) The grant of a permit shall be in thediscretion of such Commissioner who shallconsult the Fisheries Officer and thesubdivision of the Fijian people whose fishing rights may beaffected thereby,prior to granting the same.

(3) A permit may be granted for any period notexceeding three years, but every suchpermit shall expire on the 31st day ofDecember in any one of such years.

(Section substituted by 26 of 1964. s.6.)

NativeFisheries Commission

14.- TheMinister responsible for Fijian affairs may appoint a Native FisheriesCommission(hereinafter referred to as the Commission), consisting of one ormore commissioners, each of whomshah have the powers of the Commission, whoshall be charged with the duty of ascertaining whatcustomary fishing rights ineach province of Fiji are the rightful and hereditary property of nativeowners,whether of mataqali or in whatsoever manner or way or by whatsoever divisionsorsubdivisions of the people the same may be held.

(Amended by 37 of 1966, s.50 and 112 cff970)

Inquiry byCommission

15.- (l)The Commission shall institute inquiries into the title of all customaryfishing rightsclaimed by mataqali or other subdivisions of the people, andshall record in writing the boundaries andsituation of such rights togetherwith the names of the respective communities claiming to be ownersthereof.

(Amended by 8 of 1951, s.3)

(2) The Commission shall with the approval of theMinister responsible for Fijian affairsmake rules for regulating the procedureto be followed and prescribe forms to be adopted in any suchinquiry.

(Amended by 112 of 1970)

Announcement ofdecision

16. On theconclusion of the proceedings recording the ownership of any customary fishingrightsthe Commission shall announce its decision to the partiesconcerned:Provided that the Commission may adjourn to such date as it may thinkfit for the purpose ofconsidering such decision.

Appeal

17.- (l)There is hereby constituted an Appeals Tribunal consisting of a chairman andtwoother members all to be appointed by the Minister responsible for Fijianaffairs. It shall be the duty ofthe Appeals Tribunal to hear and determineappeals from decisions of the Commission under section16, and any suchdetermination by the Appeals Tribunal shall be final.

(2) Any person aggrieved by any such decision ofthe Commission shall within ninetydays of the announcement thereof give noticeof his desire to appeal, which shall be signed by theappellant or his dulyauthorised agent, to the Commission. The notice shall contain the grounds oftheappeal.

(3) For the purpose of determining an appeal theAppeals Tribunal shall have power tohear further evidence, but only if all ofthe three following conditions are satisfied:-

(a) it is shown that the evidence could not havebeen obtained with reasonable diligencefor use at the inquiry before theCommission;

(b) if the further evidence is such that, if given,it would probably have an importantinfluence on the decision;

(c) if the evidence is such as is presumably to bebelieved.

(4) If no notice of appeal is given the record ofthe Commission shall be conclusive andfinal.

(Section substituted by 16 of 1958, s.2)

(subsections 1 and 2 amended by 112 of 1970)

Power to summonwitnesses

18.- Forthe purpose of any inquiry the Commission shall have the same powers as thosevested inmagistrates to summon and examine on oath any person whom they maythink able to give relevantevidence, and to require the attendance of all claimantsto any customary fishing rights, the title ofwhich is being inquired into, andof all persons likely to be interested in the title to such right.

Registration

19.- (l)The Commission shall cause the description of the boundaries and situation offishingrights recorded and settled in the manner aforesaid to be entered in aregister called the “Register ofNative Customary Fishing Rights”.

(2) The volumes of such register according to theprovinces shall from time to time betransmitted to the Registrar of Titles whoshall preserve the Register of Native Customary FishingRights in the samemanner as the Register of Lands granted by the Crown.

(3) Where it is found that an error has been madein the preparation of such register itshall be lawful for the Registrar ofTitles on the receipt of an order under the hand of the Ministerresponsible forFijian affairs to correct the same.

(Amended by 118 of1970)

Copy ofregister to be deposited

20. A copyof the volume of the said register in the Fijian language so far as applicableto eachprovince shall be deposited with the scribe of the province, and a copyof the register so far as it affectseach mataqali or other subdivision of thepeople shall be given to each for public use, whenever theboundaries of thefishing rights of such mataqali or subdivision have been finally fixedanddetermined.



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