Papua New Guinea

(2) Unless otherwise specified by or under this Act, the provisions of this Act do not apply to or in relation to the taking of fish- (a) for personal consumption, and not for sale or trading or for manufacturing purposes; or (b) for sport or pleasure; or (c) by customary fishing; or (d) by artisanal fishing. (3) For the purposes of fisheries management under this Act, where a question arises as to whether the fish were taken for the purposes or in the manner described in Subsection (2), the Minister's decision, taking into account the recommendation of the Managing Director, is final. (4) In any proceedings under this Act, the burden of proof of a matter referred to in Subsection (2) is on the defendant.

"fishing" means- (a) searching for or taking fish; or (b) the attempted searching for or taking of fish; or (c) engaging in any activity which can reasonably be expected to result in the locating or taking of fish; or (d) placing, searching for or recovering any fish aggregating device or associated equipment including radio beacons; or (e) any operation at sea in support of or in preparation for any activity in relation to a fishing vessel described in Paragraphs (a), (b), (c) or (d) except any related activity as defined in this subsection; or (f) any use of an aircraft which is related to any activity described in Paragraphs (a), (b), (c) or (d), except for flights in emergencies involving the health or safety of a crew member or the safety of a vessel; or (g) aquaculture.

"customary fishing" means fishing by indigenous inhabitants, in waters where they are entitled by custom to fish, where- (a) the fish are taken in a manner that, as regards the boat, the equipment and the method used, is substantially in accordance with their customary traditions; and (b) the fish are taken for household consumption, barter or customary social or ceremonial purposes;

(2) Notwithstanding Section 3(2), this section applies to all persons, all vessels and all fishing and related activities. (3) Subject to this Act, the Board may by notice in the National Gazette, following a recommendation by the Managing Director- ... (b) prohibit at all times, or during a specified period, the taking, from any specified area of fisheries waters of- (i) fish or fish included in a specified class of fish; ... (c) prohibit the taking, from any fisheries waters, of fish included in a specified class of fish that- (i) are less or greater than a specified size; ... (d) prohibit the taking, from any fisheries waters, of fish, or of fish included in a specified class of fish- (i) by a specified method or gear; or (ii) by persons other than a specified class of persons; ... (j) prohibit the taking of protected or endangered species of fish; and (k) prohibit such other activities as may be prescribed from time to time.

(1) No person shall- (a) use, permit to be used or attempt to use any- (i) chemical, poison or noxious substance or material whether of manufactured or natural origin; or (ii) dynamite or explosive substance or device, for the purpose of killing, taking, stunning, stupefying or disabling fish or in any way rendering fish more easily caught; or (b) carry, permit to be carried, possess or control any- (i) chemical, poison or noxious substance or material whether of manufactured or natural origin; or (ii) dynamite or explosive substance or device, in circumstances which indicate the intention of its use for any of the purposes referred to in Paragraph (a); or (c) place in the water or assist in placing in the water any- (i) chemical, poison or noxious substance or material whether of manufactured or natural origin ...