Contents - Previous - Next

Tonga

Table A: -Limits of territorial seas, fishing zones and exclusive economic zones-

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
**Tonga12 12 mi (1972) - 200 mi (1978)13


Table B: -Licence fees, bilateral agreement or joint venture requirements and nationality criteria-

STATE Licence fees, royalties and others local currency Requirements concerning bilateral framework agreements or joint venture participation Nationality criteria for fishing vessels
TONGA LEGISLATION
Fees, royalties and other forms of compensation payable for foreign fishing vessel licence shall be those, established by an applicable access agreement or multilateral agreement and, those specified in the licence.
(Fisheries Regulations 1992, sect. 20)
Application fee for foreign fishing vessel licence = $1 500.
(Fisheries Regulations. 1992. schedule 2)
AGREEMENTS
Treaty on Fisheries between Governments of certain Pacific Island States and U.S.A., renewed on 15 June 1993 for 10 year extension, to be reviewed after 5 years.
Note: See entry under Australia for global amout of fees and share formula between the Pacific Islands parties.		 LEGISLATION
-The Kingdom may enter into bilateral or multilateral access agreements or arrangements providing for the allocation of fishing rights.
-Fishing rights allocated shall not exceed the total resources or the amount of fishing allowed to the appropriate category of foreign fishing vessels under the fishery plans.
-Any agreement or arrangement shall include a provision establishing the responsability of the foreign parry to take all measures to ensure compliance by its vessels with the terms and conditions of the agreement and with the laws relating to fishing.
(Fisheries Act, No. 18 of 1989, sect. 10)		 LEGISLATION
Local fishing vessel means any fishing vessel:
a) wholly owned by the Government or by any Statutory Body established by or under any law of Tonga; or
b) wholly owned by one or more natural persons who are Tongan subjects or permanent resident of Tonga; or
c) wholly owned by any company, society or other association of persons incorporated or established under the laws of Tonga, of which at least 51% of the voting shares are owned by Tongan subjects.
Locally based foreign fishing vessel means any foreign fishing vessel based in Tonga and landing all of its catch in Tonga.
(Fisheries Act. 1989. sect. 2)


Table C: -Coastal State requirements for foreign fishing-

STATE Foreign fishing vessel licence conditions
(other than reporting requirements) including observers, bonds, etc.		 Logbook, and reporting requirements foreign fishing
TONGA LEGISLATION
-No foreign fishing vessel operating in fisheries waters without valid foreign fishing vessel licence issued under Tonga's legislation (included commercial sport fishing), or under multilateral agreements or arrangements. (Sect.11 (1))
-No licence issued unless there is in force with the Government of the flag state of the vessel or with an association representing foreign fishing vessel owners or charterers of which the owner or charterer is a member, an access agreement or arrangement, to which the kingdom is party; exception is made for licences with respect to test fishing operations or locally based foreign fishing. vessel. (Sect. 11 (4 and 5))
-Unauthorized foreign fishing vessels to stow all fishing gear, in such a manner that it is not readily available for fishing. (Sect. 13)
-Application to be made in prescribed form or as designated in agreement or arrangement. (Sect. 11(2))
-Marine scientific research operations require specific authorization and exemption (from management and conservation measures) from the Minister. (Sect. 14)
-Licence may include general conditions relating to open and closed seasons, prohibited fishing areas, minimum mesh sizes and minimum species sizes.
-Special conditions can be prescribed by the Minister, relating to: the type and method of fishing or related activities authorized; the areas concerned; the target species and fishing quotas, by-catch included. (Sect. 15)
-Term of validity of foreign fishing vessel licence shall not extend beyond term of applicable access agreement; in case of multilateral access agreement licence may extend beyond one year if so provided. (Sect. 18(5))
(Fisheries Act No. 18 1989)
-Licence to be on board at all times; when issued but not yet received by the vessel telex, cable, telefax of confirmation constitute sufficient authority. (Sect. 19)
-Local agent requested to act on the behalf of the owner, master or charterer, as licensing condition. (Sect. 21)
-Licence not transferable, except in specific cases.
-Vessels can not operate within one nautical mile of fish aggregating device, out of law conditions or written permission.
-No fish may be landed or transhipped in Tonga and its waters without authorization of the Minister.
-Operator, master and each member of the crew shall allow and assist observers on board, and provide them with all facilities required to perform their duty; operator to meet different costs. (Sect. 24)
-Fishing of marine mammals prohibited in fisheries waters, unless special authorization and circumstances. (Sect. 47)
-Mesh size of dragnet or seine shall not be less than 38 m.m. (Sect. 49)
-Determined conservation and management provisions for lobster, slipper lobster, winged pearl oyster, triton shell, coral, aquarium fish, turtle, mullet, milkfish, giant clams, beche de men (Sects. 55-66)
-Vessel identification markings determined. (Schedule 3)
(Fisheries Regulations 1992)
AGREEMENTS
Pacific Island States/United States Treaty on Fisheries, signed April 1987
-The operator and crew of the vessel shall allow and assist an observer designated by the Pacific Island parties. (Annex, part 5)
-Application form contains: full name, radio call sign and regional register number of vessel, full names and addresses of each person who is an operator, full name and address of insurer, whether owner or charterer is insolvent, whether operator or vessel has been involved in a treaty violation. (Schedule 1)
-Closed areas: All waters with depths of 1 000 meters or less, within the area bounded by the 15th and 23 1/2 degrees of South latitudes and the 173rd and the 177th degrees of West longitudes; also within a radius of twelve nautical miles from the islands of Teleki Tonga and Teleki Tokelau. (Schedule 2)
(Source: ILM, July 1987)		 LEGISLATION
-Master to maintain on a daily basis and in prescribed form, a fishing logbook.
-Information required in logbook to be complete, true and accurate regarding: fishing efforts, methods and areas; quantity and conditions of fish caught by species and by-catch returned to the sea; data regarding high seas fishing according to FFA standards.
-Master shall cause reports with the following information: international call sign or registration number from Regional Register of FFA, vessel position, total catch and other at the time of reporting.
-Master shall cause a specific ship's log recording the date, time and nature of instruction, direction or requirement communicated by the Minister or other Authorities.
-Latest edition of the "International Code of Signals" to be carried on board and used for every communication by radio, flag or light between a licensed vessel and a Tonga authority.
(Sect. 24) (Fisheries Regulations, 1992)
AGREEMENTS
Pacific Island States/United States Treaty on Fisheries, signed April 1987
Licensing area reports to the administrator:
Port departure and entry into port for unloading:
- report type (LBEG) for port departure to begin fishing and LFIN for port entry for unloading;
- date;
- call sign;
- port name;
- catch on board by species (in short tons). Weekly reports:
- report type (WEEK);
- date;
- call sign;
- position (to one minute of arc);
- catch on board by species. (Schedule 4, part 1)
Reports to national authorities:
-Zone entry and exit:
- report type (ZENT for entry and ZEXT for exit);
- date;
- call sign;
- position (to one minute of arc);
- catch on board by species. Port entry reports:
- report type (PENT);
- date;
- call sign;
- estimated time of entry into port (GMT)
- port name.
(Schedule 4, parts 1 and 2)
-Other national reporting requirements:
- while in the Tonga exclusive economic zone, daily position report must be made by radio or telex.
(Source: ILM, July 1987)


Table D: -Compliance control and reporting conditions-

- For key to alphabetical code see page preceding this table.
- Numbers represent periodicity of reports(in days / hours) or deadlines For submission of reports; W = weekly; D = daily; M = monthly; R = on request .
% = Reports must be made every 3 days for vessels from Norway, Sweden and Faroes when fishing for herring, weekly when fishing for other species .
O = Logbook to be filled out(radio report to be made) after every fishing operation .
* = Country is a part to the South Pacific FFA arrangement which stipulates that licences will not be issued to foreign fishing vessels unless those vessels are listed in good standing on the FFA - maintained regional register of fishing vessels .

COMPLIANCE CONTROL AND OTHER CONDITIONS

A . Vessel to bear specified identification markings
B . Licence / permit to be carried on board
C . Vessel to board observers as required
D . Vessel to submit fishing plan
E . Vessel to put in for port inspections on entry / departure from zone
F . Vessel to carry specified position fixing equipment / transponders
G . Vessel owners to appoint local legal agents
H . Flag state to appoint national representative
I . Vessel to post performance bond / guarantee / deposit
J . Vessel to carry interpreters
K . Vessel to Seek prior authorization for transhipments
L . Vessel to stow gear while in area where not authorized to fish
M . Requirements concerning local landing / processing of catch
N . Requirements concerning protection of local fisheries / gear
O . Requirements concerning employment / training of coastal state nationals in crew

REPORTING REQUIREMENTS

P . Reporting on or prior to entry into the zone
Q . Reporting on or prior to departure from the zone
R . Reporting on commencement or cessation of fishing operations
S . Reporting on or prior to entry into coastal state ports
T . Timely reporting on position
U . Timely reporting on catch and effort
V . Maintenance of fishing logs .
W . Submission of logbooks / catch reports : - on request / as required / at specified intervals
X . Submission of logbooks / catch reports : - on entry into port
Y . Submission of logbooks / catch reports : - on / after completion of voyage / end of permit
Z . Controls over transitting of zone by unlicensed foreign fishing vessels

COASTAL COUNTRIES A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
TONGA X X X       X     X X X   X   X X   X24 XW XW X XR   X  


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
TONGA For unlicensed fishing: up to T$ 500 000 (from each the master owner and charterer) NO Vessel catch and gear: Seized.

 

Contents - Previous - Next