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Fisheries Regulation Act

LAWS OF TONGA

1988 Ed.]

CHAPTER 122

FISHERIES REGULATION

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Fishing fences to be licensed.
4. Applications for licences.
5. Fee for and duration of licence.
6. Control of site of fishing fence.
7. Fishing nets.
Fishing fences.
8. Poison and dynamite prohibited.
9. Prohibition of fishing at Sopu.
10. Magistrates’ Court to try offences.

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Acts Nos. 4 of 1923, 19 of 1950, 5 of 1957, 2 of 1958,
10 of 1961, 16 of 1976, 11 of 1979, 6 of 1981,
8 of 1986, 46 of 1988.

AN ACT RELATING TO FISHERIES

[17th July, 1923]

Short title.

1. This Act may be cited as The Fisheries Regulation Act.

Interpretation.

2. In this Act -

"Minister of Police" includes the chief officer of police in any district.

Fishing fences to be licensed.

3. Any person who erects or keeps a fence of any description whatsoever for the purpose of catching fish or turtle without having first obtained a licence from the Minister of Police in Form I contained in the Schedule shall be liable on conviction to a fine not exceeding $10 and in default of payment to imprisonment not exceeding 2 months.
(Amended by Act 5 of 1957.)

Applications for licences.

4. (1) Every application for a licence under the foregoing provisions shall be addressed to the Minister of Police or his deputy.

(2) Every application for a licence to erect a fishing fence shall specify the proposed site thereof.

(3) Applications for a licence to erect a fishing fence shall have priority in the order in which they are received by the Minister.
(Substituted by Act 5 of 1957.)

Fee for and duration of licence.

5. (1) Every licence shall continue in force for one year from the date of its issue.

(2) A fee of $10 shall be paid for a licence to erect a fishing fence.
(Amended by Acts 11 of 1979 and 8 of 1986.)

(3) All fees shall be paid in advance to the Minister of Police or his representative in respect of each licence:

Provided always that if notice of surrender of any such licence shall be given by the licensee to the Minister of Police or his deputy not later than one month after the expiration of any year in respect of which the licence fee has been paid, the licensee shall not as regards that month be held liable for payment of any fee nor for keeping a fence.
(Substituted by Act 5 of 1957, and Amended by Act 11 of 1979.)

Control of site of fishing fence.

6. It shall not be lawful for the Minister of Police or his deputy to grant a licence to erect any fish fence-

(a) within two hundred metres of another fish fence; or

(b) within one kilometre of any Government wharf; or

(c) in any place where it might be an obstruction to the fairway.
(Amended by Act 6 of 1981.)

Fishing nets.

7. (1) It shall not be lawful for any person to make use in fishing of any drag net or seine net the mesh of which is less than 38 millimetres across, or any gill net the mesh of which is less than 50 millimetres across, excepting hand throwing nets and trammel nets. (Amended by Act 16 of 1976, and Act 6 of 1981.)

Fishing fences.

(2) It shall not be lawful to erect any fishing fence for catching fish or turtle-

(a) the mesh of which is less than 38 millimetres across; or

(b) the width of which at any point exceeds 140 metres; or

(c) the length of which from base to base along the beach exceeds 140 metres; or

(d) the depth of which from the beach towards the sea exceeds the number of metres specified in such licence.
(Amended by Act 6 of 1981.)

(3) Any person who offends against this section shall be liable to a fine not exceeding $20 or in default of payment to a period of imprisonment not exceeding 2 months and the Court may in addition to any punishment imposed order that any fence or net in respect of which the defendant has been convicted shall be destroyed by the police.
(Amended by Act 16 of 1976.)

Poison and dynamite prohibited.

8. Any person who shall use any method of poisoning fish or turtle (other than the method known as, aukava) or shall destroy or attempt to destroy fish or turtle by the explosion of dynamite or any other explosive substance shall be guilty of an offence and shall be liable on conviction thereof to a fine not exceeding $1000 or to imprisonment for any period not exceeding 2 years or to both such fine and imprisonment, and the Court may in addition to any penalty imposed order that any substance or contrivance the use of which is made illegal by this section and which has been found in the possession of the defendant shall be destroyed by the police:

Provided that nothing in this section shall be construed as preventing the use in whale fishing of a harpoon gun discharging an explosive bomb if written permission for such use has been previously obtained from the Cabinet.
(Amended by Acts 19 of 1950 and 46 of 1988.)

Prohibition of fishing at Sopu.

9. (1) The killing or removal in any manner whatever of any fish from the fresh water pond or ponds located in the area of land reclaimed from sea at Sopu is hereby prohibited.

(2) Any person killing or removing any fish in contravention of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40 and in default of payment to imprisonment for a period not exceeding 6 months. (Act No. 2 of 1958.)

Magistrates' Court to try offences.

10. The Court having jurisdiction to try prosecutions under this Act shall be the Magistrates' Court.
(Added by Act 5 of 1957.)

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THE SCHEDULE

FORM I
(Section 3)

Licence to Erect and Maintain a Fishing Fence

No. ......................... dated the ................. day of ..................... 19..... Licence is hereby granted to ............................ of .................... to erect and maintain at ............................................. for one year from the date hereof a fishing fence having a depth from the beach to the sea of not more than ...................................... metres.

Signature of Issuing Officer.

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