LAWS OF PITCAIRN, HENDERSON, DUCIE AND OENO ISLANDS

Revised Edition 2001

CHAPTER XXIX

FISHERIES ZONE

Section 12

FOREIGN FISHERIES REGULATIONS
 
Arrangement of regulations

Regulation
1. Short title. 

PART I—INTERPRETATION

2. Interpretation. 

PART II—FISHERIES REPRESENTATIVE

3. Approved fisheries representative.
4. Communications to be made through fisheries representative. 

PART III—LICENSING OF FOREIGN FISHING BOATS

5. Application for licence.
6. Governor may require further information.
7. Governor may require fishing plan.
8. Contents of fishing plan.
9. Form of licence.
10. Licence fees for foreign fishing boat.
11. Payment of licence fees.
12. Endorsement of variation of licence.
13. Suspension of licence.
14. Cancellation of licence.
15. Production of licence.
16. Licence to be kept on boat.
17. Duplicate licence. 

PART IV—CONTROL OF LICENSED FISHING BOATS IN FISHERIES ZONE AND TERRITORIAL SEAS

18. Notice of intention to enter zone.
19. Compulsory port inspection.
20. Exemption from port inspection.
21. Notice of intention to re-enter inspection port.
22. Flags.
23. Markings.
24. Lights and shapes.
25. Logs.
26. Interpreters.
27. Code of signals to be used.
28. Reporting.
29. Specification and completion of quota.
30. Stowage of gear.
31. Transhipment of catch.
32. Interference with fisheries. 

PART V—ENFORCEMENT

33. General powers of fisheries officer.
34. Facilities for observers and fisheries officer.
35. Safety of officials.
36. Compliance with instructions. 

PART VI—MISCELLANEOUS

37. Regulations to be read subject to conditions of licence.
38. Bond for release of detained boat.

PART VII—ADMINISTRATIVE PENALTIES

39. Notices.
SCHEDULE

________________

Short title.

1. These Regulations may be cited as the Foreign Fisheries Regulations.

PART I—INTERPRETATION

Interpretation.

2. In these Regulations, unless the context otherwise requires—

"approved fishing plan" means a fishing plan for the time being approved by the Governor under Regulation 7;

"call sign" means an International Radio Call Sign;

"country of registration" means the state or country in which a fishing boat is recognised in international law as being registered;

"equipment" includes instruments and fishing gear;

"fisheries officer" means any person specified or appointed as a fisheries officer under section 6 of the ordinance;

"fisheries representative" means a person approved by the Governor to be the representative in respect of any foreign fishing boat under Regulation 3;

"fishing boat" includes all equipment on board or used by a fishing boat;

"fishing log" means a fishing log required to be maintained on a licensed fishing boat under Regulation 25;

"inspection port" means Bounty Bay, Pitcairn Island or any other port or place which the Governor has, by notification to the master, owner, charterer or licensee of any foreign fishing boat, or the fisheries representative in respect of that boat, designated as an inspection port for the purposes of these Regulations;

"licensed fishing boat" means any foreign fishing boat in respect of which a licence has been issued under section 5 of the ordinance; and

"ship's log" means the log required to be kept under Regulation 25.

PART II—FISHERIES REPRESENTATIVE

Approved fisheries representative.

3. Any person wishing to apply for a licence in respect of a foreign fishing boat shall first nominate for the approval of the Governor a specified person residing or carrying on business at such place as may be approved by the Governor to be the fisheries representative of the applicant; and no application may be made for any such licence until such time as the Governor has approved the person so nominated. 

Communications to be made through fisheries representative.

4.—(1) When approved by the Governor in respect of a foreign fishing boat or boats a fisheries representative shall be deemed to be the agent of each such foreign fishing boat; unless in any particular case the Governor otherwise authorises, every application, notice, or other document or communication which is to be served on or made or given to the Governor in respect of any such foreign fishing boat or of any licensee, owner, master or crew member of that boat, shall be served or made or given by or through the fisheries representative to the Governor.

(2) Without limiting any other method of service, delivery or communication, any notice or other document or communication which is to be or may be served or given by the Governor or by a fisheries officer to any person under the ordinance or under these Regulations in respect of any foreign fishing boat may be served or given by being delivered or communicated, as the case requires, to the fisheries representative for that boat; in such case it shall be deemed to have been served or given at the time when it is so delivered or communicated to that fisheries representative. 

PART III—LICENSING OF FOREIGN FISHING BOATS

Application for licence.

5. Every application for a licence in respect of a foreign fishing boat shall be made to the Governor in the form prescribed in Form 1 in the Schedule or in such other form as the Governor may in any particular case authorise. 
Form 1.

Governor may require further information.

6. Before determining any application for a licence, the Governor may require to be submitted to him such further information in respect of the application as he may consider necessary or expedient in order properly to exercise his powers under section 5 of the ordinance.

Governor may require fishing plan.

7. Without limiting his power under the ordinance or under Regulation 6, the Governor may, before considering any application for a licence, require the submission to him for his approval of a fishing plan which complies with Regulation 8 and may refuse to consider or to grant an application for a licence—

(a) until a fishing plan has been submitted to and approved by him in respect of fishing boats of the country of registration of the fishing boat the subject of the application for a licence; or

(b) if the application is not in accordance with any such fishing plan. 

Contents of fishing plan.

8.—(1) Every fishing plan shall be in the form of a memorandum in the English language outlining the proposals for the taking of fish from the fisheries zone and shall include the following information—

(a) the areas in the fisheries zone within which fishing is intended to be carried out;

(b) the number of fishing boats which will be engaged in fishing;

(c) the estimated times of arrival in and departure from the fisheries zone of each fishing boat;

(d) the proposed duration of the fishing plan;

(e) the likely calls at Pitcairn Island to be made by such fishing boats during the duration of the fishing plan;

(f) all proposed transhipments of fish from such fishing boats to other fishing boats in the fisheries zone during the duration of the fishing plan;

(g) all proposed landings of fish on Pitcairn Island during the duration of the fishing plan; and

(h) all other proposed operations in support of such fishing boat in the fisheries zone during the duration of the fishing plan. 

(2) The Governor may from time to time approve any fishing plan submitted to him under this Regulation or any proposal to vary that plan. 

(3) In approving a fishing plan, or any proposal to vary a fishing plan, the Governor may specify the duration for which his approval shall remain in force. 

(4) The Governor may from time to time vary or suspend any approved fishing plan or cancel his approval of any fishing plan. 

Form of licence.

9. On granting a licence, the Governor may issue a licence in the form prescribed in Form 2 in the Schedule or in such other form as may be from time to time prescribed by the Governor by order to the owner or charterer of the foreign fishing boat in respect of which the licence is granted. 
Form 2.

Licence fees for foreign fishing boat.

10.—(1) Every person to whom a licence has been granted under section 5 of the ordinance shall pay such fee therefor as may be from time to time prescribed by the Governor by order.

(2) The Governor may require payment of an additional fee based on a rate per tonne of fish that a foreign boat is permitted by the conditions of its licence to take.

(3) The Governor may require a proportion of the catch taken by the boat in respect of which the licence has been granted to be landed for processing at Bounty Bay, Pitcairn Island, or at any other port or place either within the Islands or elsewhere as he may direct. 

(4) The Governor may, in such circumstances and subject to such conditions as he may consider appropriate, exempt any person from all or any of the provisions of this Regulation. 

Payment of licence fees.

11. All fees payable under these Regulations shall be paid to the Governor. 

Endorsement of variation of licence.

12.—(1) Where under subsection (8)(a) of section 5 of the ordinance the Governor has varied the licence of any foreign fishing boat and has required the licensee or the master of the boat to deliver the licence to the Mayor at Adamstown, Pitcairn Island, for endorsement accordingly, that owner or master shall do so within twenty-four hours after the boat arrives at Bounty Bay, Pitcairn Island.

(2) After a licence has been endorsed under this Regulation, it shall be returned to the licensee or master of the licensed boat. 

Suspension of licence.

13.—(1) Where under subsection (8)(b) of section 5 of the ordinance the Governor suspends any licence, every licensee to whom the suspension applies shall within seventy-two hours after receiving notice of the suspension surrender his licence to the Mayor or to the Governor, as may be directed in such notice.

(2) On the expiry of the period of suspension of any licence, it shall be returned to the licensee. 

Cancellation of licence.

14. Where under subsection (8) of section 5 of the ordinance the Governor cancels any licence, every licensee to whom the cancellation applies shall within seventy-two hours after receiving notice of the cancellation surrender his licence to the Mayor or to the Governor, as may be directed in such notice. 

Production of licence.

15. Every master of a licensed boat in the fishing zone or the territorial seas shall on the demand of a fisheries officer produce to that officer for inspection the licence issued in respect of that boat. 

Licence to be kept on boat.

16. Except as provided in Regulations 12, 13, 14 and 15, every licence shall be maintained in good condition on the fishing boat in respect of which it is issued in a place where it can be readily inspected by a fisheries officer and is safe from the elements. 

Duplicate licence.

17. The Governor may from time to time, where—

(a) he is satisfied that a licence has been accidentally lost, destroyed or so damaged as to be illegible; or

(b) for any other reason he considers it desirable to do so, 

issue a duplicate licence to the licensee. 

PART IV—CONTROL OF LICENSED FISHING BOATS IN FISHERIES ZONE AND TERRITORIAL SEAS

Notice of intention to enter zone.

18. No foreign fishing boat shall enter the fisheries zone from beyond that zone unless not less than twenty-four hours before its entry the Mayor has been notified of—

(a) the name, call sign and country of registration of the boat;

(b) the latitude and longitude of the point at which the boat will enter the fisheries zone;

(c) the estimated time of arrival at an inspection port; and

(d) the quantity of each species of fish on board the boat. 

Compulsory port inspection.

19.—(1) Every licensed foreign fishing boat shall on entering or prior to leaving the fisheries zone proceed directly and immediately to an inspection port.

(2) No licensed fishing boat shall be used for fishing in the fisheries zone or the territorial seas unless and until a clearance to fish is given by a fisheries officer.

(3) Every foreign fishing boat in respect of which clearance to leave the fisheries zone has been given by a fisheries officer shall on leaving an inspection port proceed expeditiously out of the fisheries zone. 

Exemption from port inspection.

20. The Governor may exempt a foreign fishing boat from compliance with any provision of Regulation 19 on such conditions as he may specify. 

Notice of intention to re-enter inspection port.

21.Where a licensed foreign fishing boat wishes to enter an inspection port after it has been given clearance to fish under Regulation 19 but before it has had clearance to leave the fisheries zone, the Mayor shall be notified not less than twenty-four hours before its intended entry of—

(a) the name, call sign and country of registration of the boat;

(b) the estimated time of arrival;

(c) the purpose of the intended entry. 

Flags.

22. Every licensed foreign fishing boat shall at all times while it is in the territorial seas or the fisheries zone fly the flag of its country of registration. 

Markings.

23. Every licensed foreign fishing boat shall at all times when it is in the territorial seas or the fisheries zone display its call sign in block Roman alphabet letters not less than one metre in height, in white markings on a black background or in black markings on a white background on the port and the starboard side of the hull, in such a manner that the markings are clearly visible and legible from the air and at sea level. 

Lights and shapes.

24. Every licensed fishing boat shall while in the territorial seas or the fisheries zone display lights and shapes in compliance with the requirements of the International Regulations for Preventing Collisions at Sea for the boat and the activity in which it is engaged.

Logs.

25.—(1) Every master of every licensed fishing boat shall maintain a ship's log in the English language on board the boat at all times while the boat is in the territorial seas or the fisheries zone; and the master shall enter therein a record of the date, time and nature of every instruction, direction or requirement communicated to the master by the Governor, the Mayor or a fisheries officer while the boat is in the territorial seas or the fisheries zone.

(2) The master of every licensed fishing boat shall maintain in the English language on board the boat at all times while the boat is in the territorial seas or the fisheries zone, a separate fishing log; the master shall enter therein daily whenever the boat is in the fisheries zone the following information relating to the activities of the boat during each day—

(a) the fishing effort of the boat;

(b) the method of fishing used;

(c) the areas in which fishing was undertaken;

(d) the quantity of each species of fish taken; and

(e) such other information as the Governor may reasonably require in order to ascertain the fishing activities of that boat in the fisheries zone.

(3) Every fishing log shall be maintained in a form supplied or approved by the Governor.

(4) The master of every licensed fishing boat shall within twenty-four hours after each occasion on which the boat enters an inspection port forward the completed fishing log to the Mayor. 

Interpreters.

26.—(1) Every licensed fishing boat shall at all times while it is in the territorial seas or the fisheries zone have on board a person who is able to converse effectively in English and to act as an interpreter from English into the language of the master.
(2) The Governor may in any particular case exempt a licensed fishing boat from compliance with paragraph (1) on such conditions as he may specify. 

Code of signals to be used.

27.—(1) Every licensed foreign fishing boat in the territorial seas or in the fisheries zone shall carry the latest edition of the "International Code of Signals" published by the Inter-Governmental Maritime Consultative Organisation Marine Safety Committee.

(2) Every person who is a master or officer of a licensed fishing boat shall have a working knowledge of that code.

(3) In every communication by radio, flag or light between any licensed fishing boat in the territorial seas or the fisheries zone and any Pitcairn authority, the signals specified in the said code shall be used. 

Reporting.

28.—(1) Every licensed fishing boat shall while it is in the fisheries zone report to the Mayor at intervals not greater than seven days the following information—

(a) the name, call sign and country of registration of the boat;

(b) its position at that specified time.

(2) Every licensed fishing boat shall, while it is in the fisheries zone report weekly the quantity of each species of fish taken by the boat in the fisheries zone during the previous seven-day period and the areas in which such fish were taken. 

Specification and completion of quota.

29. The fisheries representative of each licensed foreign fishing boat shall notify the Governor forthwith of the completion of the taking of the catch which has been apportioned to that fishing boat.

Stowage of gear.

30.—(1) All fishing equipment on board a foreign fishing boat in the territorial seas or the fisheries zone shall be stowed in such a manner as not to be readily available for use for fishing.

(2) Paragraph (1) shall not apply to a licensed fishing boat which is in an area in which it may be used for fishing pursuant to its licence. 

Transhipment of catch.

31. No fish shall be transhipped from a foreign fishing boat in the territorial seas or fisheries zone to any other boat except at a place and time authorised for the purpose by the Governor and in accordance with such conditions as he may specify.

Interference with fisheries.

32. No living organism, article or substance, other than fishing equipment or bait, which is likely—

(a) to cause harm to any fish or marine mammal; or

(b) to obstruct fishing equipment; or

(c) to become a hazard to navigation,

shall be put or released into the territorial seas or the fisheries zone from a fishing boat. 

PART V—ENFORCEMENT

General powers of fisheries officer.

33. Any fisheries officer may at any time in the territorial seas or the fisheries zone with such aid as he considers to be necessary for the purpose—

(a) require the master or any other crew member of any licensed fishing boat to inform him of the name, call sign and country of registration of the boat and the name of the master or any other crew member;

(b) require the master of the boat to produce the ship's log or the fishing log to him for inspection and to make a copy or transcript for retention by the fisheries officer;

(c) make an entry, being an entry dated and signed by him, in the ship's log;

(d) subject to any other applicable law, give to the master such directions as he thinks fit as to the stowing and sealing or the landing on the shore of any equipment on board the boat which contravenes or is being used in contravention of any conditions of the licence issued in respect of the boat or any law applicable to the boat;

(e) give such directions as are necessary or reasonably expedient to the master or any other crew member of the boat for any purpose specified in these Regulations or to provide for the compliance by the boat or the master or any other crew member with the conditions or the licence of any law applicable to the boat. 

Facilities for observers and fisheries officers.

34.—(1) Every master of a licensed fishing boat in the territorial seas or the fisheries zone—

(a) whenever required so to do by the Governor, shall allow any person authorised by the Governor for the purpose to board and remain on the boat as an observer while it is in the territorial seas or the fisheries zone;

(b) whenever required so to do by the Governor or a fisheries officer, shall allow any fisheries officer to board and remain on the boat while it is in the territorial seas or the fisheries zone.

(2) Every master of a licensed fishing boat in the territorial seas or the fisheries zone shall, whenever required so to do by the Governor or a fisheries officer, proceed to an inspection port for the purpose of embarking or disembarking any observer or fisheries officer.

(3) At all times while any observer or fisheries officer is on board a licensed fishing boat pursuant to this regulation, the master—

(a) shall allow the observer or fisheries officer full access to all equipment, records and documents and to all fish on board the boat;

(b) shall permit the observer or fisheries officer to make such tests, observations and records and to take and remove such samples as he may require in order to determine the nature and extent of the activities of the boat in the fisheries zone;

(c) shall provide for the observer or fisheries officer all reasonable assistance to enable him to do any act specified in subparagraphs (a) and (b);

(d) shall provide food and accommodation, at least equivalent to the standard of that provided for the officers of the boat, for the observer or fisheries officer.

(4) No compensation shall be payable by the Crown to the licensee or master of a foreign fishing boat for the costs of complying with this regulation. 

Safety of officials.

35. Every person who is the master or a crew member of a foreign fishing boat shall take all reasonable precautions for the safety of every fisheries officer or observer who is boarding, on board or leaving the boat in the territorial seas or the fisheries zone. 

Compliance with instructions.

36. Every person who is the master or a crew member of a foreign fishing boat in the territorial seas or the fisheries zone shall immediately comply with every instruction, direction or requirement which is given or made to him by a fisheries officer pursuant to these Regulations. 

PART VI—MISCELLANEOUS

Regulations to be read subject to conditions of licence.

37. In relation to a licensed fishing boat, the provisions of these Regulations shall be read subject to the conditions of the licence issued in respect of that boat. 

Bond for release of detained boat.

38. Every bond to be provided by way of security for the release of a foreign fishing boat detained under section 6 of the ordinance shall be in the form specified in Form 3 in the Schedule or in such other form as the Governor may in any particular case or class of cases authorise. 

PART VII—ADMINISTRATIVE PENALTIES

Notices.

39. For the purposes of section 11 of the ordinance—

(a) a notice under subsection (1) of that section shall be in the form prescribed in Form 4 in the Schedule;
Form 4

(b) a notice under subsection (3) of that section shall be in the form prescribed in Form 5 in the Schedule;
Form 5

(c) a notice under subsection (7) of that section shall be in the form prescribed in Form 6 in the Schedule.
Form 6

_________________

SCHEDULE

Form No. 1

APPLICATION FOR A LICENCE TO FISH IN THE PITCAIRN FISHERIES ZONE

This application refers only to fishing within those waters described in section 3 of the Fisheries Zone Ordinance (Appendix I) for the period from                  20      to 31 December 20       .

The licence may authorise fishing generally or may confer limited authority to fish as specified in section 5(4) (a-n) of the above Ordinance (Appendix II). 

1. NAME OF BOAT: ...........................................................................

2. IDENTIFICATION MARKS: .........................................................

3. PORT OF REGISTRATION: ..........................................................

4. OWNER(S) / CHARTERER(S): .....................................................

5. OWNER(S) / CHARTERER(S) OFFICE AND ADDRESS::.........
 .............................................................................................................

6. BOAT SIZE—OVERALL LENGTH: ............................................
 BREADTH:................................. DRAFT: ........................................

7. GROSS TONNAGE:..............................................................tonnes

8. FISH HOLD TONNAGE:......................................................tonnes

9. NUMBER AND NATIONALITY OF CREW: ...............................
 ..............................................................................................................
 ..............................................................................................................

10. PREVIOUS FISHING HISTORY IN THE AREA WHICH IS NOW INCLUDED IN THE PITCAIRN FISHERIES ZONE.

YEAR												
TOTAL CATCH												

11. AREA WITHIN WHICH FISHING IS NOW REQUESTED:........
 .......................................................................................................... 

12. SPECIFIC PERIOD FOR WHICH FISHING IS REQUESTED:...
 .......................................................................................................... 

13. SPECIES OF FISH TO WHICH LICENCE IS SOUGHT TO
 APPLY: ............................................................................................
 ..........................................................................................................
 ..........................................................................................................

14. SPECIFIC FISHING METHODS TO BE USED: 
 POLE AND LINE     NUMBER OF POLES:................................... 
 LONGLINING          NUMBER OF HOOKS: ................................
 PURSE SEINING     LENGTH AND DEPTH OF NET (m):..........
 ........................................................................ 
 OTHER METHOD(S) (please specify):..........................................
 .......................................................................................................... 

15. INTENDED DISPOSAL OF CATCH:

(a) AT PITCAIRN ISLAND

(i) FOR PROCESSING

(ii) FOR LOCAL SALES

(iii) FOR TRANSHIPMENT AND EXPORT (UNPROCESSED) 

(b) TRANSHIPMENT AT SEA FOR EXPORT FROM THE FISHERIES ZONE
ULTIMATE DESTINATION....................................................

(c) TRANSPORTATION ON BOARD LICENSED BOAT OUT OF FISHERIES ZONE
ULTIMATE DESTINATION: ..................................................

(d) COMBINATION OF (a)–(c) PLEASE SPECIFY....................
 ...................................................................................................

16. INTENDED USE OF PORTS AND RELATED FACILITIES
 WITHIN THE ISLANDS: 

 (a) FOR DISPOSAL OF CATCH, STATE ISLAND ....................

 (b) OBTAINING ICE, FUEL, FISHING GEAR, PROVISIONS
 OR RECREATION, STATE PORT ..........................................

 (c) REPAIRS, OUTFITTING OR MAINTENANCE, STATE
 PORT ........................................................................................

17. DO YOU INTEND OR WOULD YOU BE WILLING TO TRAIN
 RESIDENTS OF PITCAIRN ISLAND IN THE METHODS OF
 FISHING EMPLOYED BY THE ABOVE BOAT? 

YES/ NO	

I / We, owner(s) / charterer(s) / certified legal representative of the above boat, certify that the above information is true and accurate: 

Signed .......................................................................................................
Dated .........................................................................................................

NOTE: Licenses will be issued annually and cost NZ$35.00 per metre or part thereof of the overall length of the boat plus 5% of the landed market value of the catch. 

Appendix I Section 3 of Fisheries zone Ordinance.

 Appendix II Section 5(4) (a–n) of the Fisheries Zone Ordinance.

__________

FISHERIES ZONE ORDINANCE

Form No. 2 

OFFICE OF THE GOVERNOR OF PITCAIRN, HENDERSON, DUCIE AND OENO ISLANDS.

LICENCE No: .................................
FEE PAID NZ$: ..............................

LICENCE TO FISH IN THE PITCAIRN FISHERIES ZONE

BOAT:............................................................... LOA: ............................

PORT OF REGISTRATION: ....................................................................

This is to certify that .................................................................................
of...........................................being the owner(s)/charterer(s), or certified 
legal representative of the owner(s)/charterer(s) of the above fishing boat, may permit the use of the said boat for the purpose of fishing within the Fisheries Zone from.............................20.......... to 31 December 20........ 
according to the following stipulations—

1. Method(s) of fishing ..........................................................................

2. Species of fish to be taken: ................................................................
 ............................................................................................................

3. Area to be fished: ...............................................................................

4. Period limitation: ...............................................................................

5. Allowable catch: ................................................................................

6. Stowage of gear when not in use: ......................................................
 ............................................................................................................
7. Transfer, transhipment, landing and processing restriction: ..............

 ............................................................................................................
8. Restrictions on entry to any port or place: .........................................
 ............................................................................................................
9. Boat markings: ...................................................................................

10. Entry, exit and reporting procedure: ..................................................
 ............................................................................................................

11. Compliance with the general regulations of the Fisheries Zone
 Ordinance as detailed overleaf. 

12. Special conditions:..............................................................................
 ............................................................................................................

Dated:........................................ Governor: ......................................

___________________

FOR INFORMATION

GENERAL REGULATIONS OF THE FISHERIES ZONE ORDINANCE 1980-1982 OF PITCAIRN, HENDERSON, DUCIE AND OENO ISLANDS

1. Statistical and other information relating to the operations of the boat including catch and effect statistics and boat position will be supplied as requested. 

2. The licence must be produced on demand by any fisheries officer. 

3. The boat may be required to—

(a) assist in fisheries research programmes;

(b) train Pitcairn Island residents in the methods of fishing employed by the boat and the transfer to Pitcairn Island of fisheries technology;

(c) permit the placing of Pitcairn residents as observers on the boat;

(d) carry specified nautical charts;

(e) install and maintain in working order on the boat of position fixing or other identification equipment;

(f) comply with directions and instructions of boats or aircraft operated by or on behalf of Her Majesty's Armed Forces;

(g) any other conditions as the Governor considers necessary or expedient for the regulation of fishing or the conservation and management of fisheries. 

4. The operations of the boat must comply with all additional requirements of the Fisheries Zone Ordinance with specific reference to section 5 on the suspension and revocation of licences, licensing offences, section 6 on the definition of fisheries officers, section 9 on the forfeiture of boats, section 10 on security for release of foreign fishing boats and section 7 on obstruction of a fisheries officer.

______________

FISHERIES ZONE ORDINANCE

Form No. 3

FOREIGN FISHERIES REGULATIONS 1982
(Regulation 38)

FORM OF BOND FOR THE RELEASE OF A FOREIGN FISHING BOAT DETAINED UNDER SECTION 6 OF THE FISHERIES ZONE ORDINANCE 1980-1982

Before the Magistrate's Court at
Adamstown, Pitcairn IslandFisheries Case No................. of 20........ 

Each of the undermentioned persons acknowledges for himself that he owes to Her Majesty The Queen the sum of ..................................... (i) dollars in New Zealand currency payment thereof to be enforced against him by the Governor of Pitcairn, Henderson, Ducie and Oeno Islands and that if any of the conditions set out hereunder shall occur then this bond shall be of no effect, but that otherwise this bond shall remain in full force and effect.

CONDITIONS

(a) no proceedings are instituted against .................................................
 .......................................................................................................(ii)
 the.................................................................................................(iii)
 of the fishing boat..........................................................................(iv)
 Identification No:............................................................................(v)
 registered at....................................................................................(vi)
 within a period of six months from its seizure in respect of the offence
 for which the boat was detained; or

(b) the said...........................................................................................(ii)
 is not found guilty of the offence; or

(c) the said...........................................................................................(ii)
on being convicted of the offence pays in full within 14 days after he is convicted the amount of the fine imposed by the Court and the said boat is within that time surrendered to the Crown for forfeiture if so ordered by the Court. 

 .......................................................................................................(iv) 
 ........................................................................................................(v)

Taken before me this ........................ day of ................................ 20........ 

Magistrate

(i) insert amount secured

(ii) insert name and address of accused person

(iii) insert whether master, owner, charterer or crew member

(iv) insert name of fishing boat

(v) insert identification number of fishing boat

(vi) insert port of registry of fishing boat

______________

Form No. 4

NOTICE OF ALLEGED OFFENCE

Regulation 39(a)
No.......................................

IN THE MATTER of section 11 of the
Fisheries Zone
Ordinance 

TO: ..................................
 ........................................
 ........................................

1. TAKE NOTICE that I have reasonable cause to believe that on
 ........................... day the ........................... day of.............., 20......... 
 at................................................................you committed an offence
 against...................................................(specify section or regulation 
 applicable) in that you ....................................................................... ............................................................................................................
(specify brief details of alleged offence), being an offence relating to fishing within the exclusive fisheries zone which I consider appropriate to be dealt with under section 11 of the Fisheries Zone Ordinance.

2. The following is a summary of the facts on which this allegation is
 based—

 ............................................................................................................
 ............................................................................................................
 ............................................................................................................
(Specify a sufficient summary fully and fairly to inform recipient of allegation against him.) 

3. I consider the following matters to be relevant to the imposition of a
 penalty in this case—

 ............................................................................................................
 ............................................................................................................
 ............................................................................................................

4. This notice is served on you pursuant to section 11(1) of the Fisheries
 Zone Ordinance. The provisions of that section are set out in full on
 the second page of this notice. 

DATED this...................... day of .............................................., 20.........

Governor 

(full text of section II)

______________

Form No. 5 

NOTICE REQUIRING PROCEEDINGS TO BE DEALT WITH IN COURT

Regulation 39 

TO: The Governor,
 Pitcairn, Henderson,
 Ducie and Oeno Islands. 

TAKE NOTICE that I require that any proceedings in respect of the alleged offence referred to in your notice number............................served on me
under section 11(1) of the Fisheries Zone Ordinance shall be dealt with before the Court.

DATED this......................... day of............................................., 20.........

Signature

________________

Form No. 6 

NOTICE OF IMPOSITION OF ADMINISTRATIVE PENALTIES

Regulation 39(c)
No.......................................

IN THE MATTER of section 11 of the
Fisheries Zone
Ordinance 

TO: ..................................
 ........................................
 .........................................

1. TAKE NOTICE that I have on the ...................... day of..................,
 20......... imposed on you a monetary penalty of $NZ.........in respect 
 of the offence committed by you on the...................................day of 
 .................................., 20......... against ..............................................
 ..........................................(specify section or regulation applicable). 

2. This penalty must be paid to the Crown within 28 days after this
 notice is served on you. 

3. Payment should be made to the Governor.

DATED this ....................... day of.............................................., 20.........

Governor

_____________

FISHERIES ZONE ORDINANCE

PROHIBITION OF FISHING BY FOREIGN FISHING BOATS ORDER

[16th December 1982]

1. This Order may be cited as the Prohibition of Fishing by Foreign Fishing Boats Order.

2. In the entire area contained within the limits of the territorial seas and the fisheries zone, fishing by foreign fishing boats is prohibited unless—

(a) authorised by a licence issued by the Governor under subsection (1) of section 5 of the Fisheries Zone Ordinance; or

(b) specifically exempted by the Governor from the operation of the foregoing provisions of this Order 

 (i) in respect of any specified area within the limits of the territorial seas or the fisheries zone, or 

 (ii) in all or any of the cases specified in subsection (2) of the said section 5 of the Fisheries Zone Ordinance.

____________

FISHERIES ZONE ORDINANCE
(cap. 29)

FISHERIES ZONE (OUTER LIMITS) PROCLAMATION 1986

IN EXERCISE of the powers conferred by subsection (3) of section 3 of the Fisheries Zone Ordinance 1980-1982 

I HEREBY DECLARE that the outer limits of the Fisheries Zone contiguous to the territorial seas of the Islands of Pitcairn, Henderson, Ducie and Oeno extend to the boundary between the French economic zone around the Tuamotu Archipelago and the said Fisheries Zone as the same are determined and agreed by the Convention on Maritime Boundaries between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic the English text whereof is set out in the Schedule to this proclamation.

MADE at Wellington this 16th day of December 1986. 

TERENCE O'LEARY
Governor

___________

SCHEDULE

CONVENTION ON MARITIME BOUNDARIES BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE FRENCH REPUBLIC

The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic; 

Desiring to strengthen the relations of good neighbourliness and friendship between the two countries; 

Recognising the need to delimit in a precise and equitable manner the maritime areas around the Tuamotu Archipelago on the one hand and Pitcairn, Henderson, Ducie and Oeno Islands on the other, over which the two States respectively exercise sovereignty; 

Have agreed as follows: 

Article 1

The boundary between the French economic zone around the Tuamotu Archipelago and the fisheries zone around Pitcairn, Henderson, Ducie and Oeno Islands is based on a line of equidistance. This line has been determined using the baselines from which the territorial sea of each country is measured. In the case of France, the baseline is drawn in accordance with the Laws of 24 December 1971 and 28 December 1976. In the case of Pitcairn, Henderson, Ducie and Oeno Islands, the baseline is the low-water mark. 

Article 2

(1) The boundary line determined in accordance with Article 1 is formed, by loxodromic arcs linking, in the order in which they are given, the points identified by their co-ordinates.

	Longitude West	Latitude South	
POINT V1........................................	133° 25' 29"	26° 34' 05"	
POINT V2........................................	132° 59' 32"	25° 40' 40"	
POINT V3........................................	132° 41' 11"	24° 04' 08"	
POINT V4........................................	132° 23' 23"	22° 22' 55"	
POINT V5........................................	132° 08' 37"	21° 03' 05''	
POINT V6........................................	131° 58' 43"	20° 45' 54"	

(2) The geographical co-ordinates given in this Article are expressed in the geodesic reference system WGS 72 (World Geodesic System). 

(3) The line has been drawn by the way of illustration on the map in the Annex to this Convention. 

Article 3

The line defined in Article 2 of this Convention constitutes the maritime boundary between the zones referred to in Article 1 of this Convention. 

Article 4

Each Contracting Party shall notify the other of the completion of the constitutional procedures required for the entry into force of this Convention. The Convention shall enter into force on the date when the last notification is received. 

In witness whereof, the undersigned, duly authorised thereto by their respective Governments, have signed this Convention. 

Done in duplicate at Paris on 25 October 1983 in the English and French languages, both texts being equally authoritative. 

For the Government of the United
Kingdom of Great Britain and
Northern Ireland:

JOHN FRETWELL	For the Government of the French Republic:

G. GUILLAUME	

_______________

PITCAIRN, HENDERSON, DUCIE AND OENO ISLANDS

Proclamation No. 1 of 1977
Robert Alston
Governor

PROCLAMATION ESTABLISHING AN EXCLUSIVE ECONOMIC ZONE

In the Name of Her Majesty Elizabeth II, by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith, 

By His Excellency Robert John Alston Esquire, Companion of the Order of Saint Michael and Saint George, Governor of Pitcairn, Henderson, Ducie and Oeno Islands, 
Whereas there is a need to establish and to regulate activity in an exclusive economic zone around Pitcairn, Henderson, Ducie and Oeno Islands, in accordance with the rules of international law, 

Now Therefore I, Robert John Alston, acting in pursuance of instructions given by Her Majesty through a Secretary of State, do Hereby Proclaim as follows:

1. (1) There is established for Pitcairn, Henderson, Ducie and Oeno Islands an exclusive economic zone (hereinafter referred to as "the zone") beyond and adjacent to the territorial seas around those Islands;

(2) The zone has as its outer limits the lines defined in the schedule to this Proclamation. 

2. Any rights exercisable over the waters of the zone, its seabed and subsoil and their natural resources are hereby vested in Her Majesty. 

3. In regard to the zone, Her Majesty will exercise jurisdiction in accordance with the rules of international law over the exploration and exploitation of the natural resources, the protection and preservation of the marine environment, marine scientific research and other economic exploitation, subject to such provision as is in force or may hereafter be made by law. 

4. This Proclamation has force with effect from the ninth day of November 1992. 
Given under my hand and the Public Seal of Pitcairn, Henderson, Ducie and Oeno Islands at the British High Commission, Wellington, New Zealand, this 25th day of November in the year of Our Lord One Thousand Nine Hundred and Ninety-seven.

_____________

SCHEDULE

The zone is bounded by lines of the type described in Column 2 joining the points defined to the nearest second of arc by coordinates of latitude and longitude on WGS 72 Datum specified in Column 1

Column 1		Column 2	
Co-ordinates of latitude and longitude	Line type	
			
1. 26° 34' 05''	133° 25' 29"	1-2 Loxodrome	
2. 25° 40' 40"	132° 59' 32"	2-3 Loxodrome	
3. 24° 04' 08"	132° 41' 11"	3-4 Loxodrome	
4. 22° 22' 55"	132° 23' 23"	4-5 Loxodrome	
5. 21° 03' 05''	132° 08' 37"	5-6 Loxodrome	
6. 20° 45' 54''	131° 58' 43"	6-7 a line drawn	
7. 26° 34' 05''	133° 25' 29"	clockwise 200 nautical
 miles from the nearest
 points on the baseline of
 the territorial sea of Oeno,
 Henderson, Ducie and
 Pitcairn Islands