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Fisheries (Amendment) Act 1991

TUVALU

FISHERIES (AMENDMENT) ACT 1991
(Act 7 of 1991)

I assent

Toaripi-Lauti PC GCMG
Governor-General

31st December 1991

AN ACT to amend the Fisheries Act (Cap 45) as amended to give further effect to the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific and for connected purposes.

[Commencement: ___________]

ENACTED by the Parliament of Tuvalu -

Short title and commencement

1. This Act may be cited as the Fisheries (Amendment) Act 1991, and shall come into effect on such date as the Minister by notice may appoint.

Amendment of section 14A of Cap. 45 as amended

2. Section 14A of the Fisheries Act as amended is amended by -

(a) inserting after "activities" the words "commits an offence and" in subsection (1);

(b) inserting after "vessel" where it last occurs the words "commits an offence and" in subsection (2); and

(c) inserting the following new subsections -

"(3) Any citizen of Tuvalu who, within the Convention Area as defined in the Convention to prohibit Fishing with Long Driftnets in the South Pacific, engages or attempts to engage in any of the driftnet fishing activities commits an offence and shall be liable on conviction to a. fine of up to $100, 000 and to imprisonment for up to three years.

(4) Where any vessel documented under the laws of Tuvalu engages or attempts to engage in any of the driftnet fishing activities within the Convention Area as defined in the Convention to Prohibit Fishing with Long Driftnets in the South Pacific, the master, owner and charterer, if any, of such vessel commits an offence and shall be liable on conviction to a fine of up to $100,000."

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FISHERIES (AMENDMENT) ACT 1991
(Act 7 of 1991)

EXPLANATORY MEMORANDUM
(This memorandum is not part of the Act)

This Act amends the Fisheries Act (Cap 45) as amended to give further effect to the convention for the Prohibition of Fishing with Long Driftnets in the South Pacific to which Tuvalu is a party.

The Act amends section 14A of the Fisheries Act by inserting new subsections (3) and (4). These new subsections make it an offence for any Citizen of Tuvalu or vessel documented under the laws of Tuvalu to engage in driftnet fishing activities within the Convention Area a s defined by the above convention (see section 2(c)).

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