This Act provides for the management, conservation and development of fisheries in fisheries within Vanuatu waters and related matters. It also concerns, among other things aquaculture, seafood safety, the use of vessels on high seas and protection of marine mammals and provides for the establishment of the Fisheries Management Advisory Council, the Vanuatu Seafood Verification Agency and the International Fisheries Unit.
The Act consists of 153 sections divide into 23 Parts: Preliminary Matters (1); Purpose and Principles (2); Administration (3); Fisheries Management, Development and Conservation (4); Aquaculture Management and Development (5); Seafood Verification Agency (6); Vanuatu Fishing Vessels and Local Fishing Vessels in Vanuatu Waters (7); Registration of Fishing Vessels on the International Shipping Registry (8); Requirements for Charter of Fishing Vessels (9); Foreign Fishing Vessels (10); Compliance With International Obligations (11); Fishing by Vanuatu Vessels Beyond Vanuatu Waters (12); General Licensing Provisions; (13); Ban On Driftnet Fishing (14); Vanuatu Marine Mammals Sanctuary (15); Other Prohibited Activities (16); Other Approvals (17); Authorised Officers, Observers and Port Samplers (18); Monitoring, Control and Surveillance (19); Sale, Release and Forfeiture of Seized Property (20); Jurisdiction and Evidence (21); Regulations and Penalty Notices (22); Miscellaneous (23).
"Vanuatu waters" in this Act means the waters of the exclusive economic zone, the territorial sea, the archipelagic waters, and the internal waters as defined in the Maritime Zones Act No. 6 of 2010 and any other waters over which Vanuatu claims jurisdiction under international law. The Act has extra-territorial application according to its provisions but the provisions of this Act concerning the application of international conservation and management measures adopted by a regional fisheries management organisation to which Vanuatu is a member does not apply to the waters of Vanuatu as defined under the Maritime Zones Act 2010, without the express consent of the Government.
The Act sets out purposes and principles of the Act in Part 2. Participation in the management of fisheries by local communities shall be ensured. The Department of Fisheries has the principal function of, and authority for, the conservation, management and development of the fisheries resources in accordance with this Act. Functions and powers of the Minister responsible for fisheries and the Director of the Department are defined. Any person or agency having responsibilities under this Act shall apply the precautionary principle. The Fisheries Management Advisory Council shall provide recommendations to the Director on policy matters relating to fisheries conservation and management.
The Minister may determine that a fishery is a designated fishery. The Director is to prepare, and review where necessary, a plan for the management and development of each designated fishery. The Minister may make Regulations relating to the determination of designated fisheries and the management, development and conservation of those fisheries, and the enforcement of any matter identified in a plan relating to a designated fishery. The Minister may also designate aquaculture areas and declare areas where aquaculture or related activities are prohibited. The Act provides for licensing of aquaculture activities and restricts use of genetically modified aquatic organism, the import of live aquatic organism for aquaculture and release of such organisms.
The Minister may set standards for the handling, processing, landing, transportation, storage, labeling, packaging, identification, import and export of fish and fish products in accordance with the General Principles of Food Hygiene in the Codex Alimentarius. Therefore, the Seafood Inspector appointed by the Minister shall inspect the fishery enterprises as to ensure that fish products are fit for human consumption. The Vanuatu Seafood Verification Agency established under this Act shall: (a) verify and certify the import and export of seafood; and (b) ensure the application of appropriate quality control measures and seafood production industry standards; and (c) ensure the facilitation of exports from Vanuatu of all categories of seafood for human consumption. The Act provides with respect to control measures for imported and exported seafood including certification of seafood intended for exportation.
An operator of a foreign fishing vessel may use the vessel for fishing or related activities in Vanuatu: (a) for a purpose recognised by the provisions of the United Nations Convention on the Law of the Sea, 1982; or (b) in accordance with an access agreement or a licence issued under Part 10. The Act provides also for locally-based foreign fishing vessels licenses.
The obligations and requirements relating to the activities and practices of fishing vessels provided for in any international agreement listed in Schedule 11 (Scheduled Treaty), apply to Vanuatu Fishing Vessels regardless of whether those vessels are operating inside or outside Vanuatu waters. The Minister may make Regulations to identify international conservation and management measures that apply to vessels of Vanuatu and publish the international conservation and management measures which are to have the force of law in Vanuatu. The owner, charterer or operator of a Vanuatu fishing vessel who intends to carry out fishing or related activities beyond Vanuatu waters is to apply to the Director for an international authorization to fish.
The Act establishes a Vanuatu Marine Mammals Sanctuary, which comprises all Vanuatu waters and prohibits the international trade in marine mammals, marine mammal parts or marine mammal products. The Minister may, after consultation declare an area of Vanuatu waters and the seabed underlying those waters to be a marine reserve.
The Act further provides for, among other things: transhipment and bunkering of fish; fish processing establishments; the Vanuatu Observer Programme; a port sampling and monitoring programme; vessel monitoring and measures in respect of fishing vessels listed on the IUU vessel list of any regional fisheries management organisation or arrangement; port measures in respect of vessels involved in illegal activities.