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Tuvalu

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

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
Turkey 6 mi (1964) in Aegean only; 12 mi (1982) in Mediterranean and Black Sea - 200 mi (1986) in Black Sea


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
TUVALU LEGISLATION
Foreign fishing permits subject to payment of such fees and royalties as may be determined by the Fisheries Officer with the approval of the Minister.
(Fisheries Ordinance of 1978, sect. 5(4)(b))
In practice, fees set in agreement.
AGREEMENTS
Agreement with the Government of Japan and the Federation of Japan Tuna Fisheries Cooperative Associations and National Ocean Tuna Fishery Association signed on 28 February 1994
regarding pole and line fishing vessels. Lump sum payment for 10 licences = Y. 9 000 000 at Y. 900 000 a vessel per trip.
Pacific Island States/United States Treaty on Fisheries, signed April 1987, reviewed 1992 valid for 5 another years
Fees, refer to Treaty Admin FFA Honiara.
LEGISLATION
-The Minister has the power to establish orders that designate an agreement or an international or bilateral treaty to which the government is a party and which relates to fishing by foreign fishing vessels in Tuvalu fishery limits.
-Licence only issued under agreement or treaty.
(Fisheries (amendment) Act, 1987, sects. 5A(1) and (2))
LEGISLATION
Local fishing vessel defined as any fishing vessel (a) owned by one or more persons resident and domiciled in Tuvalu; or (b) owned by a company or fisheries cooperative society registered or incorporated under the laws of Tuvalu and having principal place of business in Tuvalu.
(Fisheries Ordinance, 1978, 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
TUVALU LEGISLATION
-Vessel to bear specified identification marks. (Sect. 3)
-Permit conditions may be prescribed or endorsed on the permit by the fisheries officer. (Sect. 5)
-Permit required to enter Tuvalu waters, and to fish, load, unload or tranship fish, or load or unload supplies. (Sect. 5)
(Fisheries Ordinance, 1978)
-Licence to be displayed.
-Vessel to fly flag of registry and to display call sign or other specified system of recognition.
-Vessel to have an English-speaking person on board and a copy of International Code of Signals.
-Vessel to stow gear when not authorized to fish.
-Vessel to avoid set gear and not to place fish aggregating devices (FADs) unless with permission and in accordance with set conditions;
-No transhipments without prior authorization.
-No landing of fish without prior authorization.
-Discharge of polluting substances prohibited.
-Instructions of authorized officers must be obeyed.
-Observers to be allowed on board and given full access and facilities.
-Master and crew to take reasonable precautions for safety of authorized officers.
-Permit holders to give address (telegraph) at which all notices may be served.
-Vessel may not fish in territorial waters.
-Vessel may not call at any Tuvalu port other than port of Funafuti except in case of emergency.
(Fisheries (Foreign Fishing Vessel) Regulations, 1982)
-Regional fishing licences granted to U.S. fishing vessels under the Treaty on
Fisheries between Pacific Island States and United States are accorded legal recognition under the Fisheries Act.
(Foreign Fishing Vessels (U.S. Treaty) Order, 1987)
Note: Order operative when Treaty enters into force for Tuvalu. It is made clear, however, that the Foreign Fishing Vessels Regulations, 1982 (as amended) also apply to U.S. fishing vessels. (Art. 7)
AGREEMENTS
Agreement between Tuvalu and the Government of Japan and the Federation of Japan Tuna Fisheries Cooperative Associations and National Ocean Tuna Fishery Association signed on 28 February 1994

-Captain of licensed vessel to carry copy of permit on board and to produce it upon request of relevant officer.
-Permit is non-transferable.
-Only pole and line fishing authorised.
-Permit may be withdrawn if vessel violates provisions of agreement, permit or laws.
-Licence for pole and line vessels valid for the period of fishing trip.
LEGISLATION
-Foreign vessels authorized to fish in Tuvalu Fishery limits are required to give 24 hours notice of intention to enter or depart fishery limits, reporting details of vessel, position, and catch on hoard.
-Vessel to report by telex to fisheries officer on entry into and departure from limits; every seventh day while within limits. These reports to give details of vessels (call sign/permit number, etc.), position, and quantity of fish on board.
-Vessel to maintain logbook of fishing activities in English, and to forward original logbook, unaltered, to fisheries officer within 45 days of completion of voyage.
(Fisheries (Foreign Fishing Vessel) Regulations. 1982)
AGREEMENTS
Pacific Island States/United States Treaty on Fisheries, signed April 1987, reviewed 1992 valid for another 5 years

-Licensing area reports:
Port departure A
nd 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: Report at least 24 hours prior to entry into Tuvalu fishery limits on: - name, call sign, and country where vessel is registered; - licence number, - position and entry, - catch by species.
(Schedule 4, part 3)
(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
TUVALU* X X X             X X X X X   X24 X24   X XW XW XD X   X45  


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
TUVALU A$ 100 000 on conviction NO Vessel, gear and catch: Court may order.

 


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