LEGAL
PIP closed areas
- These Closed areas are to be read in conjunction with the corresponding legislations provided in the PIP National Laws central holding on this same FFA website.
- The amended Closed area of Kiribati which is marked in ‘italics’ was notified to the U.S. Government, including all the PIPs, on 11 July 2018 and is provided for advance notice pending the entry into force on Saturday 8 September 2018.
PIP national fisheries laws
These are the applicable national laws of the Pacific Island Parties (PIPs) for the purpose of the Treaty on Fisheries between the Governments of the Pacific Island States and the Government of the United States of America (commonly known as the “Treaty on Fisheries”), as amended in December 2016.
Note:
- Australia’s waters are currently closed for fishing by the U.S. fleet operating under the Treaty.
- The laws marked as ‘pending’ are already effective but they are not posted yet pending receipt of the texts.
- The law marked in ‘italics’ in Nauru folder was notified to the U.S. Government, including all the PIPs, on 25 May 2018 and is provided for advance notice pending the entry into force for the purpose of the Treaty on Tuesday 24 July 2018.
- The laws marked in ‘italics’ in Kiribati folder were notified to the U.S. Government, including all the PIPs, on 11 July 2018 and are provided for advance notice pending the entry into force for the purpose of the Treaty on Saturday 8 September 2018.
PIP closed areas:
All waters within the seaward boundary of the Australian Fishing Zone (AFZ) west of a line connecting the point of intersection of the outer limit of the AFZ by the parallel of latitude 25°30′ south with the point of intersection of the meridian of longitude 151° East by the outer limit of the AFZ and all waters south of the parallel of latitude 25° 30′ South.
PIP national fisheries laws:
Australia: Antarctic Marine Living Resources Conservation Act 1981
Australia: Fisheries Administration Act 1991
Australia: Fisheries Agreements (Payments) Act 1991
Australia: Fisheries Legislation (Consequential Provisions) Act 1991
Australia: Fisheries Management Act 1991
Australia: Fishing Levy Act 1991
Australia: Foreign Fishing Licences Levy Act 1991
Australia: Statutory Fishing Rights Charge Act 1991
Australia: Torres Strait Fisheries Act 1984
PIP closed areas:
24 nautical miles measured from the baseline around the islands of the Cook Islands; 48 nautical miles measured from the baseline around the island of Rarotonga; and 50 nautical miles measured seaward from the baseline of all the islands of the Cook Islands, as shown in Schedule 1 of the Marae Moana Act 2017.
PIP national fisheries laws:
Cook Islands: Marae Moana Act 2017
Cook Islands: Territorial Sea and Exclusive Economic Zone Act
Cook Islands: Marine Resources Legislation
PIP closed areas:
Three nautical mile territorial sea and nine nautical mile exclusive fishery zone and on all named banks and reefs as depicted on the following charts:
- DMAHTC NO 81019 (2nd. ed., Mar. 1945; revised 7/17/72. Corrected through NM 3/78 of June 21, 1978).
- DMAHTC NO 81023 (3rd. ed., Aug. 7, 1976).
- DMAHTC NO 81002 (4th. ed., Jan. 26, 1980; corrected through NM 4/80).
The twelve miles’ area seaward of the territorial sea not to extend beyond twenty-four nautical miles from the baseline from which the breadth of the territorial sea is measured.
PIP national fisheries laws:
Micronesia: Additional Closed Area Act 2017
Micronesia: Immigration Act 1982
Micronesia: Marine Resources Act 2002
Micronesia: Maritime Boundaries Act 2017
Micronesia: National Maritime Act 1997
Micronesia: Supplemental Rules Admiralty and Maritime Claims 1999
Micronesia: Territorial Boundaries and Economic Zones Act
Micronesia: Third Implementing Arrangement and Net Sharing Act 2017
PIP closed areas:
Internal waters, archipelagic waters and territorial seas of Fiji and Rotuma and its Dependencies.
PIP national fisheries laws:
Fiji: Biosecurity Promulgation 2008
Fiji: Endangered and Protected Species Legislation
Fiji: Environment Management Act 2005
Fiji: Fisheries Act (Cap 158)
Fiji: International Seabed Mineral Management Decree 2013
Fiji: Marine Spaces Legislation
Fiji: Maritime Transport Decree 2013
Fiji: Offshore Fisheries Management
Fiji: Ship Registration Decree 2013
PIP closed areas:
Within archipelagic waters as established in accordance with the Marine Zones (Declaration) Act 1911; within 12 nautical miles drawn from the baselines from which the territorial seas is measured; within 2 nautical miles of any anchored fish aggregating device for which notification of its location shall be given by geographical coordinates; Phoenix Islands Protected Area; and the exclusive areas the breadth of 21 nautical miles (nm) measured from the outer limits of the contiguous zone as specified under the Contiguous Zone Outer Limits Regulations 2014, that is from 24 nm to 45 nm of the Gilbert Group Exclusive Economic Zone (EEZ) and the Line Group EEZ, as shown in the Schedules of the Regulations.
PIP national fisheries laws:
Kiribati: Marine Zones (Declaration) Act
Kiribati: Environment Act
Kiribati: Fisheries Act
PIP closed areas:
12 nautical mile territorial sea and area within two nautical miles of any anchored fish aggregating device for which notification of its location shall be given by geographical coordinate; 50 nautical miles from the base lines of Kwajalein and Majuro.
PIP national fisheries laws:
Marshall Islands: Aquarium Fishery Regulations 2015
Marshall Islands: Documentation and Identification of Vessels Act
Marshall Islands: Fisheries Act 1977
Marshall Islands: Fisheries Enforcement Act 1977
Marshall Islands: Fisheries Regulations 1998
Marshall Islands: Fishing Access and Licensing Act 1977
Marshall Islands: Management and Development of Local Fisheries Act
Marshall Islands: Marine Resources Act
Marshall Islands: Marine Resources Authority Act
Marshall Islands: Maritime Administration Act 1990
Marshall Islands: Maritime Zone Declaration Act 2016
Marshall Islands: Ports of Entry Act
Marshall Islands: Protection of Marine Mammals
Marshall Islands: Regulation and Control of Shipping 1997
Marshall Islands: Tuna and Game-fish Conservation Zone Act
PIP closed areas:
The territorial waters as defined by Nauru Interpretation Act, 1971, Section 2.
PIP national fisheries laws:
Nauru: Fisheries Act 1997
Nauru: Fisheries Marine Resources Authority
Nauru: Fisheries PNA (Third Implementing Arrangement) Regulations
Nauru: Fishing Licence (FAD Closure) Regulations 2009
Nauru: Interpretation Act 2011
Nauru: Sea Boundaries
Nauru: Shipping (Registration of Foreign Vessels) Act 2018
Nauru: Statute Law Revision Act 2011
PIP closed areas:
Territorial waters; waters within 6 nautical miles of outer boundary of territorial waters; all waters to west of New Zealand main islands and south of 39° South latitude; all waters to east of New Zealand main islands south of 40° South latitude; and in respect of Tokelau: areas within 25 nautical miles of all island and reef baselines.
PIP national fisheries laws:
New Zealand: Biosecurity Act 1993
New Zealand: Conservation Act 1987
New Zealand: Continental Shelf Act 1964
New Zealand: Driftnet Prohibition Act 1991
New Zealand: Fisheries Act
New Zealand: Marine Mammals Protection Act 1978
New Zealand: Marine Reserves Act 1971
New Zealand: Maritime Transport Act 1994
New Zealand: Resource Management Act 1991
New Zealand: Submarine Cables and Pipelines Protection Act 1996
New Zealand: Sugar Loaf Islands Marine Protected Area Act 1991
New Zealand: Wildlife Act 1953
PIP closed areas:
Territorial sea and within 3 nautical miles of Beveridge Reef, Antiope Reef and Haran Reef as depicted by appropriate symbols on NZ 225F (chart showing the territorial sea and exclusive economic zone of Niue pursuant to the Niue Territorial Sea and Exclusive Economic Zone Act of 1978).
PIP national fisheries laws:
New Zealand: Continental Shelf Act 1964
Niue: Domestic Fishing
Niue: Fish Protection
Niue: General Laws Act
Niue: Marine Insurance Act 1908 (NZ)
Niue: Marine Pollution Act 1974
Niue: Mercantile Law Act 1908 (NZ)
Niue: Niue Act 1966
Niue: Sea Carriage of Goods Act 1940 (NZ) (in part only)
Niue: Territorial Sea and Exclusive Economic Zone
Niue: Terrorism Suppression and Transnational Crimes Act 2006
Niue: Wreck and Salvage Act 1968
PIP closed areas:
Within 12 nautical miles of all island baselines in the Palau Islands; the area –
- commencing at the north-easternmost intersection of the outer limit of the 12 nautical mile territorial sea of Palau by the arc of a circle having a radius of 50 nautical miles and its centre at Latitude 07°16’34” North, Longitude 134°28’25” East, being at about the centre of the reef entrance to Malakal Pass;
- running thence generally south-easterly, southerly, south-westerly, westerly, north-westerly, northerly and north-easterly along that arc to its intersection by the outer limit of the 12 nautical mile territorial sea; and
- thence generally northerly, north-easterly, easterly, south-easterly and southerly along that outer limit to the point of commencement.
Note: Where for the purpose of this paragraph it is necessary to determine the position on the surface of the Earth of a point, line or area it shall be determined by reference to the World Geodetic System 1984, that is to say, by reference to a spheroid having its centre at the centre of the Earth and a major (equatorial) radius of 6,378,137 metres and a flattening of 1/298.2572.
PIP national fisheries laws:
Palau: Marine Protection Act 1994
Palau: National Code 1990 - Fishing
Palau: Vessel Monitoring System Regulations 2000
PIP closed areas:
At all times, all territorial seas, archipelagic and internal waters.
PIP national fisheries laws:
Papua New Guinea: Admiralty
Papua New Guinea: Continental Shelf (Living Natural Resources) Act
Papua New Guinea: Criminal Code Act 1974
Papua New Guinea: Customs and Exports
Papua New Guinea: Dumping of Waste at Sea Act 1979
Papua New Guinea: Fisheries (Amendment) (Use of Foreign Boats) Act 1978
Papua New Guinea: Fisheries Management
Papua New Guinea: International (Flora and Fauna) Act 1979
Papua New Guinea: Merchant Shipping
Papua New Guinea: Minimum Age (Sea) Act 1972
Papua New Guinea: National Maritime Safety Authority Act 2003
Papua New Guinea: Offshore Seas Proclamation 1978
Papua New Guinea: Prevention of Pollution
Papua New Guinea: Privileges and Immunities
Papua New Guinea: Protection of the Sea (Shipping Levy) Act 2004
Papua New Guinea: Sea-carriage of Goods Act 1951
Papua New Guinea: Torres Strait Protected Zone
Papua New Guinea: Water Resources Act 1982
PIP closed areas:
Territorial sea; reefs, banks, sea-mounts and within 2 nautical miles of any anchored fish aggregating device within the EEZ for which notification of its location shall be given by geographical coordinates.
PIP national fisheries laws:
Samoa: Fines (Review and Amendment)1998
Samoa: Fisheries Act
Samoa: Fisheries (Ban of Driftnet Fishing) Act 1999
Samoa: Fisheries Management Act 2016
Samoa: Maritime Zones
Samoa: Ports Authority Act 1998
Samoa: Shipping Act 1998
PIP closed areas:
At all times, all internal waters, territorial seas, and archipelagic waters; and such additional waters around the main group archipelago, as defined under the Delimitation of Marine Waters, not exceeding sixty (60) nautical miles, as may be designated from time to time by the Government of Solomon Islands and notified to the United States and the Administrator.
PIP national fisheries laws:
Solomon Islands: Delimitation of Marine Waters
Solomon Islands: Fisheries Act
Solomon Islands: Fisheries Limits Act
Solomon Islands: Fisheries Management Act
Solomon Islands: Protected Area Act
PIP closed areas:
All waters with depths of not more than 1,000 metres, within the area bounded by the fifteenth and twenty third and one half degrees of south latitudes and the one hundred and seventy third and the one hundred and seventy seventh degrees of west longitudes; also within a radius of twelve nautical miles from the islands of Teleki Tonga and Teleki Tokelau.
PIP national fisheries laws:
Tonga: Aquaculture Management
Tonga: Fisheries Management Act & Regulations
Tonga: Marine Pollution Prevention Act 2002
Tonga: Maritime Zones Act 2009
Tonga: Parks and Reserves Act 2012
Tonga: Shipping Act and Regulations
Tonga: Whale Watching and Swimming Act and Regulations
PIP closed areas:
At all times, all internal waters, territorial seas, and archipelagic waters; and such additional waters within fifteen nautical miles of all named banks, i.e. Macau, Kosciusko, Rose, Bayonnaise and Hera, in Tuvalu EEZ, as depicted on the chart entitled “Tuvalu Fishery Limits” prepared by the United Kingdom Hydrographic Department, Taunton, January 11, 1981.
PIP national fisheries laws:
Tuvalu: Conservations Areas
Tuvalu: Environment Protection
Tuvalu: Falekaupule Act
Tuvalu: Marine Pollution Act
Tuvalu: Marine Resource Act and Regulations
Tuvalu: Maritime Zones Act 2012
PIP closed areas:
Archipelagic waters and the territorial sea, and internal waters. Only the Closed Areas, as described above, of Pacific Island States which are parties to this Treaty shall be applicable under the terms of this Treaty.
PIP national fisheries laws:
Vanuatu: Fisheries Act
Vanuatu: Maritime Zones Act
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