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New Zealand - Associated states

Cook Islands

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

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
**Cook Islands 12 mi (1977) - 200 mi (1977)


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
- Cook Islands LEGISLATION
Licence fees and other form of compensation shall be set in relevant access agreement in force.
(Sect. 21)
(Marine Resources Act No. 33 of 1989)
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 Minister may, on behalf of the Governement, enter into fisheries international bilateral or multilateral access agreements. Fishery allocations under such agreements shall not exceed a level consistent with the conservation and managemenent of fishery resources, protection of local fishing and fisheries plan.
-Every agreement shall include a provision establishing responsibility of foreign party totake ail measures to ensure compliance by its vessels with the terms and conditions of agreement and fishery national laws.
-Access agreement may provide inter alia for:
- issuance of fishing licence;
- designation of an administrator (performing licensing duties and other) in case of multilateral agreement. (Sect. 13)
(Maritime Resources Act No.33 of 1989) Allowable catch to be apportioned by the Minister among foreign countries.
-Criteria for apportionment specified.
-Individual foreign fishing craft must be licensed.
(Territorial Sea and Exclusive Economic Zone Act, 1977. sect. 11 )		 LEGISLATION
Local fishing vessel defined as one wholly owned and controlled by the Government, natural persons, companies, established incorporated or resident under the laws of Cook Islands.
Locally based foreign fishing vessels means any foreign fishing vessel based in Cook Islands or in another Country in the South Pacific region and jointly operated Governments in the region under an agreement to which Cook Islands is a party.
(Marine Resources 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
- Cook Islands LEGISLATION
-No foreign fishing allowed without licence issued under relevant access agreement concluded pursuant to this Act.
-Licence or authorization issued in respect of test fishing operations, locally-based foreign fishing vessel or related and scientific research, exempted from obligation of an applicable access agreement. (Sect. 16)
-No fishing vessel shall be used for or assist in any driftnet fishing activities in Cook Islands or fishery waters. (Sect. 15)
(Maritime Resources Act No. 33 of 1989)
-Licence conditions may include conditions relating to:
- fishing areas;
- authorized season, times, voyages for fishing;
- species, size, age and quantities of fish;
- fishing methods;
- authorized fishing gear and storage requirements;
- use, transfer, transhipment, landing, processing of catch;
- entry into Cook Island ports;
- compensation for damage to local craft, gear or fish stocks;
- fisheries research;
- training and transfer of technology;
- display of licence and marking of craft;
- compliance with enforcement institutions;
- observers;
- carrying of transponders or other position-fixing equipment or charts, etc.
(Territorial Sea and Exclusive Economic Zone Act 1977, sect. 13)
-Flag state to appoint national fisheries representatives through whom all communications to be made. (Reg. 4)
-National fisheries representative to submit fishing plan covering proposed operations of boats flying that country's flag, including proposed fishing areas, estimated number of boats, estimated times of arrival into and departure from zone, duration of plan, likely calls into port, proposed transhipments, proposed landings of catch, proposed support operations. (Reg. 5)
-Licences to be delivered for endorsement within 72 hours where conditions have been modified, (reg. 11), or surrendered within 72 hours where suspended or cancelled. (Regs. 12 and 13)
-Licence to be maintained in good condition on board craft. (Reg. 16)
-Compulsory port inspection on entry into zone and before departure, unless exempted by D.G.; no vessel to be used for fishing until it has received clearance to fish from an enforcement officer at port of inspection. (Reg. 19)
-Craft to fly flag of country of registration. (Reg. 23)
-Craft to display call sign in specified form, legible from sea and air. (Reg. 24)
-Licensed craft to display lights and shapes required by International Regulations for Preventing Collisions at Sea. (Reg. 25)
-Licensed craft to carry latest edition of International Code of Signals. (Reg. 28)
-Craft to carry English interpreters. (Reg. 27)
-Restrictions set on trawling and bottom lining in certain areas. (Reg. 31)
-Craft to stow gear when in area where not authorized to fish. (Reg. 32)
-Licensed foreign craft to steer at least 1/2 mile clear of set and marked gear. (Reg. 33)
-Transhipment of catch at sea prohibited without prior authorization. (Reg. 34)
-Landing of catch in New Zealand prohibited without authorization of D.G. (Reg. 35)
-Prohibition against discharge, etc. of substances liable to cause harm to fish or marine mammals, to obstruct fishing equipment, or to become hazardous to navigation. (Reg. 36)
-Craft to allow boarding by observers and enforcement officers, and to put into port for such purpose. (Reg. 38)
-Craft to allow observers full access to equipment, records and fish on board, allow observers to make tests, observations and records as required, provide assistance, food and accommodation equivalent to that provided for officers. (Reg. 38)
-Craft to comply with instructions issued by enforcement officers. (Reg. 40)
(Exclusive Economic Zone (Foreign Fishing Craft) Regulations 1979)
Note: surplus of allowable catch non harvested by local crafts allocated to foreign fishing crafts.
AGREEMENTS
Pacific Island States/United States Treaty on Fisheries, signed April 1987
-The operator and all crew members of the vessel shall allow and assist an observer designated by the Pacific Island parties. (Annex 1, part 6)
-Application form contains: (see entry above for New Zealand)
-Closed areas: territorial sea (Schedule 2)
(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
- Cook Islands* X X X X X     X   X X X X     X24 X   X24 XD XDW XD X X72    


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
- Cook Islands Up to NZ$ 500 000 NO Vessel and gear: Court shall order

 

Niue

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

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
-* Niue 12 mi (1978) - 200 mi (1978)


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
- Niue LEGISLATION
Such fees as may from time to time be prescribed.
(Territorial Sea and Exclusive Economic Zone Act, 1978, sect. 16)
Note: In practice, fees set in agreements.
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
Licenses required for all vessels.
(Territorial Sea and Exclusive Economic Zone Act, 1978. sect. 12)		 LEGISLATION
Foreign fishing vessel defined as fishing vessel which is owned or controlled by a person, or persons (including bodies incorporated or not, any charterer or lessee), who are not ordinarily resident in Niue.
(Territorial Sea and Exclusive Economic Zone Act. 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
- Niue LEGISLATION
In granting licences, the Cabinet may attach such conditions as are provided for in the Regulations.
(Territorial Sea and Exclusive Economic Zone Act, 1978. sect. 13)
AGREEMENTS
Pacific Island States/United States Treaty on Fisheries, signed April 1987
(See entry above for New Zealand for conditions regarding observers and licence application forte)
-Closed areas:
Territorial sea and within 3 n.m. of Beveridge Reef, Antiope Reef and Haran Reef as depicted by appropriate symbols on NZ 225F (chart showing the territorial sea and EEZ of Niue pursuant to the Niue Territorial Sea and
Exclusive Economic Zone Act of 1978). (Schedule 2)
(Source: ILM, July 1987)		 AGREEMENTS
Pacific Island States/United States Treaty on
Fisheries, signed April 1987
(See entry above for New Zealand for logbook and reporting requirements)


Table D: -Compliance control and reporting conditions-

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
-Niue** X X X         X           X   X X   X XW XW X X      


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
- Niue Up to NZ$ 450 000 (owner, charterer and master); up to $ 5 000 (crew members) NO Vessel, gear and catch: Court shall order.

 

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